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

Vol. 144 WASHINGTON, WEDNESDAY, MAY 20, 1998 No. 65 House of Representatives The House met at 10 a.m. and was give our sins, and You will heal our ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- land. PRO TEMPORE pore (Mr. SHAW). Father, I ask that You help us to The SPEAKER pro tempore. The f humble ourselves before You and turn Chair will receive 15 1-minutes on each from any wickedness that may be in side, following the gentleman from DESIGNATION OF THE SPEAKER our lives. Father, I pray as we do that, Texas (Mr. DELAY). PRO TEMPORE You will hear our prayers and heal our f The SPEAKER pro tempore laid be- land. Grant us the strength and cour- fore the House the following commu- age to follow You every day. REVEREND SCOTT RAMBO nication from the Speaker: Again, I thank You so much for the (Mr. DELAY asked and was given WASHINGTON, DC, blessings and the grace and mercy that permission to address the House for 1 May 20, 1998. You give us every day. I pray Your minute and to revise and extend his re- I hereby designate the Honorable E. CLAY blessings on this day and all that takes marks.) SHAW, Jr. to act as Speaker pro tempore on place in this House. I pray this in Mr. DELAY. Mr. Speaker, our open- this day. Jesus’ name. Amen. ing prayer this morning was offered by NEWT GINGRICH, my good friend and pastor of my f Speaker of the House of Representatives. church, Reverend Scott Rambo. f THE JOURNAL Reverend Rambo has ministered to the spiritual needs of many of my con- The SPEAKER pro tempore. The PRAYER stituents since 1995, when he became Chair has examined the Journal of the Reverend Scott Rambo, First Baptist the pastor of the First Baptist Church last day’s proceedings and announces of Sugar Land, Texas. Church, Sugar Land, Texas, offered the to the House his approval thereof. following prayer: Since becoming pastor of the first Pursuant to clause 1, rule I, the Jour- Baptist Church, Reverend Rambo has Let us pray together. Father, we nal stands approved. come before You this morning, thank- brought excitement and a sense of mis- ing You so much for all the blessings f sion to our community. His message of faith and family has inspired many, as that You give us in life. I thank You PLEDGE OF ALLEGIANCE for the privilege of being an American witnessed by the astronomic growth of The SPEAKER pro tempore. Will the citizen and for the honor of being able the First Baptist Church of Sugar gentleman from Ohio (Mr. TRAFICANT) Land. to pray for the men and women who come forward and lead the House in the Reverend Rambo is a graduate of the lead our country. I pray Your blessings Pledge of Allegiance. University of South Alabama and of and Your wisdom upon them as they Mr. TRAFICANT led the Pledge of the Southwestern Baptist Theological lead us. Allegiance as follows: Seminary. He started his career as the Father, as I reflect on the images of Minister of Evangelism at the Retta the great lawgivers whose faces are all I pledge allegiance to the Flag of the United States of America, and to the Repub- Baptist Church in Burleson, Texas. He around the walls of this Chamber, Fa- lic for which it stands, one nation under God, became the youth minister at the Hill- ther, my attention is focused on Moses, indivisible, with liberty and justice for all. crest Park Baptist Church in Arling- the only lawgiver whose full face is f ton, Texas, then moved to Dallas to shown. Father, when I think about that take the job of Associate Youth Min- and know that his full face is shown be- MESSAGE FROM THE SENATE ister at the First Baptist Church of cause he is the only lawgiver who re- A message from the Senate by Mr. Dallas. ceived his law directly from You and Lundregan, one of its clerks, an- He then left Texas for 3 years, serv- not from man, I am reminded that our nounced that the Senate had passed ing as the Associate Pastor of the First ultimate authority for all of life is without amendment a bill of the House Baptist Church in Bossier City, Louisi- You. of the following title: ana. But, like all Texans, he could not Lord, I pray Your success formula for leave Texas, he had to come home, so our Nation today. Father, You tell us H.R. 3301. An act to amend chapter 51 of title 31, United States Code, to allow the he returned back to Texas and started in Your word that if we will humble Secretary of the Treasury greater discretion his current ministry in Sugar Land, ourselves and pray and seek Your face with regard to the placement of the required Texas. and turn from our wicked ways, then inscriptions on quarter dollars issued under Reverend Rambo, in my opinion, is a You will hear our prayers, You will for- the 50 States Commemorative Coin Program. man that truly has a heart and a love

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H3491 H3492 CONGRESSIONAL RECORD — HOUSE May 20, 1998 for the Lord, and I want to thank Rev- FBI agent who shot Vicky Weaver unturned in seeking the truth about erend Rambo for his inspirational right between the eyes while clutching these stunning revelations about ille- words today and thank him for the in- her infant son. Shame, my colleagues. gal campaign contributions in return spirational work that he does in Sugar Congress, the Justice Department in- for missile technology to Communist Land, Texas. vestigates themselves and then they China. So I want to welcome him to the cover their assets every time. That said, I urge my colleagues to in- House, and thank him for all his good We are a bunch of fools. It is time to vestigate this matter with their minds work. put our government in order. Support focused on one thing and one thing f H.R. 692 and put an independent coun- only: National security. National secu- sel on these types of cases. Shame, NATIONAL SECURITY TOO IMPOR- rity is not a partisan issue. It is about Congress. No American family should protecting our values and our way of TANT TO BE AUCTIONED OFF TO be gunned down. HIGHEST BIDDER life from those whose entire political f system is hostile to our belief in free- (Mr. GIBBONS asked and was given dom, the rule of law, individual rights, permission to address the House for 1 SUPPORT H.R. 2183, FRESHMEN CAMPAIGN FINANCE REFORM BILL and the right to worship God as we see minute and to revise and extend his re- fit. marks.) (Mr. ALLEN asked and was given f Mr. GIBBONS. Mr. Speaker, Ameri- permission to address the House for 1 cans awoke this morning with a num- minute and to revise and extend his re- HOUSE SHOULD MAKE DECISION ber of new questions on their minds, marks.) ON DRUG TESTING OF DOD EM- beginning with why would the Clinton Mr. ALLEN. Mr. Speaker, Congress PLOYEES administration switch the responsibil- has spent millions of dollars to inves- (Mr. TAYLOR of Mississippi asked ity for satellites from the Department tigate soft money abuses, but there are and was given permission to address of State to the Commerce Department? many Members in this Chamber who the House for 1 minute and to revise Both the State Department and De- will rail against certain big money con- and extend his remarks.) fense Department were against this tributions and then vote against cam- Mr. TAYLOR of Mississippi. Mr. move. They knew these communication paign finance reform. Speaker, our Nation this year is going The freshmen took a different tact. satellites were one of America’s most to spend $18 billion on the war on We put together a bill that would ban sensitive military and intelligence drugs. As we speak, there are Ameri- soft money, improve candidate report- gathering technologies. Even the cans flying counter drug missions in ing and require some disclosure of the former Secretary of State, Warren places like Colombia and Peru, and Christopher, wrote to the President outside group advertising. H.R. 2183 closes the soft money loophole, it gets they are being shot at, and pretty often that these sophisticated communica- they get killed. tion satellites held technology secrets elected officials, candidates, and party officials out of the business of raising Mr. Speaker, imagine my surprise that could jeopardize, and I quote, then when, just yesterday in the Com- ‘‘significant military and intelligence money from corporations and unions and the wealthiest contributors. mittee on Rules, an amendment to re- interests of America.’’ quire all Department of Defense em- Was Secretary Christopher reluctant Later this week the long delayed de- ployees to be drug tested was voted because he understood the importance bate on real campaign finance reform down along straight party lines. Every of the built-in encryption equipment will begin. Now we must watch out for single Republican voted against requir- that interprets the ground controller’s poison pills and red herrings. Poison ing our Department of Defense employ- instructions; or was it because he knew pills are amendments that sound great ees to be drug tested. I think that is a that similar encryption systems were but are designed to kill campaign fi- decision the full House should make. used to communicate with America’s nance reform; and red herrings are ar- Mr. Speaker, I wanted to tell my col- spy satellites? guments about suppression of free leagues that if they had plans for this Did the Commerce Department in speech that are designed for simply the weekend, they should cancel them, be- any way understand that anyone who same purpose. cause I am going to keep us here until could crack these codes could take con- Support the freshmen bill, support we have a vote on that amendment. trol of these satellites themselves? Did campaign finance reform, let us get on I want to tell the gentleman from anyone care? Was there some other with the business of reforming our New York (Mr. SOLOMON) and the gen- issue driving this change? campaign finance system. America deserves to know the an- f tleman from Georgia (Mr. GINGRICH) swers to these questions, Mr. Speaker. that we can have a half-hour of debate NATIONAL SECURITY IS MOST IM- on that issue and an up or down vote, f PORTANT IN INVESTIGATING or we can spend a Memorial Day week- SUPPORT H.R. 692 TO APPOINT MISSILE TECHNOLOGY TRANS- end here in Washington. INDEPENDENT COUNSEL TO IN- FER TO CHINA f VESTIGATE GOVERNMENT (Mr. BALLENGER asked and was SHOCKING REVELATION THAT WRONGDOING given permission to address the House WHITE HOUSE IS HELPING COM- for 1 minute and to revise and extend (Mr. TRAFICANT asked and was MUNIST CHINA WITH ITS MIS- his remarks.) given permission to address the House SILE PROGRAM for 1 minute and to revise and extend Mr. BALLENGER. Mr. Speaker, I am his remarks.) sure my Democrat colleagues will ex- (Mr. NEUMANN asked and was given Mr. TRAFICANT. Mr. Speaker, Fed- hibit the same zeal and passion to get permission to address the House for 1 eral agents killed his dog, they killed to the truth about the allegations of minute and to revise and extend his re- his 14-year-old son, and they killed his missile technology to Communist marks.) wife. Federal agents said they did not China as they are about finding an- Mr. NEUMANN. Mr. Speaker, of all like his politics. swers to the question of who hired the scandals coming out of the White Randy Weaver is a white separatist. Craig Livingstone, or about how the House, this scandal is perhaps the most My colleagues do not like his politics, White House ended up with 900 FBI disturbing of all. I am talking about I do not like Weaver’s politics either, files on Republicans, or about 92 wit- the shocking revelation that the White but that is no reason for the govern- nesses that have either fled the coun- House is helping the Communist gov- ment to gun down his family. try or taken the Fifth Amendment to ernment develop its missile system. Let me tell my colleagues something. avoid testifying, and about why Mrs. Do we, as a nation, understand that This does not sound like the FBI of Hubbell is afraid, very afraid, of losing what we are doing is sending them the Efrem Zimbalist, Jr. This sounds like her job if Webster Hubbell cooperates technology to allow them to aim mis- the KGB of Joseph Stalin. with Judge Starr. siles at the United States of America, To make matters worse, a Federal If the past is any guide, I am sure the while when we here in our Nation do judge dropped all charges against the Democrats will leave no stone not even have the ability to shoot May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3493 down one of these missiles should nology to China when the White House which over the last 32 years has not China decide to launch them at us? overrode the Justice Department and only killed hundreds of thousands of We do not know if the administration the Defense Department, granting people, but which has enabled the gave this waiver to the Loral Company Loral a waiver to give China a missile Suharto family to accumulate over $40 because the chairman of the board, system. billion in personal wealth in a country Bernard Schwartz, was the Democrats’ Again, the question that must be an- where the average income is $20 a top donor in 1996 or not. But whether swered, why would the Clinton admin- week. the administration did it for money, istration try to help the Communist Mr. Speaker, tens of thousands of In- the scandal is still beyond comprehen- Chinese government with their missile donesian students have put their lives sion. program? We need an answer to this on the line for freedom. We must listen If this administration actively helped question. Clintonism is Carterism to their cries. the Communist government to launch without virtue. and to develop its ‘‘Long March’’ mis- f f sile, we deserve an explanation and we TRIBUTE TO TAMPA BAY POLICE deserve the explanation right now. OFFICERS REPEAL MARRIAGE PENALTY TAX f (Mr. DAVIS of Florida asked and was (Mr. PITTS asked and was given per- LIFT EMBARGO ON FOOD, MEDI- given permission to address the House mission to address the House for 1 CINE AND MEDICAL EQUIPMENT for 1 minute and to revise and extend minute and to revise and extend his re- TO PEOPLE OF CUBA his remarks.) marks.) (Mr. TORRES asked and was given Mr. DAVIS of Florida. Mr. Speaker, Mr. PITTS. Mr. Speaker, marriage, permission to address the House for 1 James Brad Crooks, a brand new high- the very foundation of American social minute and to revise and extend his re- way patrol trooper in Florida engaged structure, is currently undermined by marks.) to be married; Randy Bell, a Tampa po- our American Federal Tax Code. Mr. TORRES. Mr. Speaker, for 39 lice detective, a 20-year veteran of the That is right. Our current Tax Code, years the United States has main- force described as a hard worker with instead of being friendly to a husband tained an economic embargo on the Re- quiet ambition; Rick Childers, a and wife who both work full-time, public of Cuba, all with the intent of Tampa Police Department detective, places a tax penalty on them solely for toppling Fidel Castro. Thirty-nine another 20-year veteran, who in 1990 the fact that they are married. Under years. Nine U.S. Presidents. And noth- bravely went into a creek and saved a the Tax Code, had this man and woman ing has happened. He is still there. young girl who was drowning in a car. chosen to live together and file sepa- My colleagues, Helms–Burton has in- These law enforcement officers have rately, they would not be punished creased tightening the noose on those solved hundreds of cases, saved many with higher taxes. Mr. Speaker, this is people. We are punishing the people of lives in the Tampa Bay area that I rep- just plain wrong. Our tax policy should Cuba. We have effectively perpetuated resent. encourage family formation in mar- malnutrition and disease because they Yesterday, each of them died in the riage, not discourage it. cannot get food and medicines, con- line of duty at the hands of a gunman As our budget negotiations begin and trary to the arguments that we hear who later took his own life and also at as we seek tax relief for the American that they can. Senior citizens, chil- a time when his 4-year-old stepson died people, a repeal of the marriage tax dren, women, men are slowly starving under questionable circumstances. penalty should be a part of the mix. to death. I stand here on the floor of the House This penalty hidden within the Tax We cannot do this to another Nation, today to express our sorrow to the fam- Code harms the very institution on as great a republic as we are. H.R. 1951, ilies of these 3 slain law enforcement which we have built our society, our a bill that I have introduced, would lift officers, to express gratitude for their family. Let us repeal the marriage tax the embargo on food and medicine and lifetime commitment they made to penalty once and for all. medical equipment to the people of protect our community and to salute Cuba, and I ask my colleagues on both them for their efforts, and to say that f sides to join with me in cosponsoring we will try to learn from the terrible this legislation. No less than the Pope lessons of this terrific tragedy that CAMPAIGN FINANCE REFORM has said that this is a monstrous act struck the Tampa Bay area yesterday. (Mr. KIND asked and was given per- that we perpetuate upon the people of Our thoughts and prayers are with mission to address the House for 1 Cuba. their families and with all of their col- minute.) f leagues who are grieving. Mr. KIND. Mr. Speaker, tomorrow we f b 1015 are going to start a debate about the END UNITED STATES SUPPORT biggest issue confronting this United WHY WOULD CLINTON ADMINIS- FOR SUHARTO DICTATORSHIP IN States Congress, and that is campaign TRATION HELP COMMUNIST CHI- INDONESIA finance reform. NESE GOVERNMENT? (Mr. SANDERS asked and was given There has been a lot of allegations (Mrs. KELLY asked and was given permission to address the House for 1 about technology transfer to China in permission to address the House for 1 minute.) recent days and a lot of attention given minute and to revise and extend her re- Mr. SANDERS. Mr. Speaker, I am to it, as it should. But the Speaker in- marks.) happy to announce that 2 Members of dicates that this is a national security Mrs. KELLY. Mr. Speaker, just what the House have now signed a letter to issue and not a campaign finance re- is it about the Democrats and foreign President Clinton which calls for an form issue. How wrong he is. This has policy? Why on earth would the Clin- end to U.S. support for the Suharto everything to do with campaign fi- ton administration help the Com- dictatorship in Indonesia. I hope that nance reform. munist Chinese government develop more of my colleagues will sign it in We have been promised over and over their Long March missile? the coming days. again by the leadership in this House The facts are pretty clear. The Chi- While the transition to democracy in to have an open and fair and honest de- nese Long March missile was made by Indonesia will not be easy, the United bate on campaign finance reform. The Loral Corporation. In missile tests, the States should play an active role in American people get this. They under- early Long March missile kept crash- helping to develop a process by which stand there is too much money in the ing and the Communist Chinese des- Suharto’s political prisoners are re- political system and too much influ- perately needed high technology that leased, free speech is guaranteed to all, ence of money in the political system. only the United States possessed. They and an approach is created for free and This body, in the coming days, will wanted to improve missile guidance fair elections. have the ability to start cleaning up systems, but the U.S. had a policy that Most importantly, we must let the the process and restoring some integ- stood in the way. Indonesian people know that we will rity to this democracy of ours. And I In fact, a criminal investigation was not continue in any way to support the hope the American people hold us indi- already underway about missile tech- corrupt Suharto dictatorship, a regime viduals accountable on where we stand H3494 CONGRESSIONAL RECORD — HOUSE May 20, 1998 on this. Do we stand for reform or do GLOBAL WARMING TREATY plementing these changes, we can end we stand for big money? I hope it is for (Mr. KNOLLENBERG asked and was the 3-year backlogs in benefits process- reform. given permission to address the House ing, end the granting of citizenship to f for 1 minute and to revise and extend criminals and other undeserving indi- viduals, and end the mismanagement of TECHNOLOGY TRANSFER TO CHI- his remarks.) our entire immigration system. NESE BAD FOR U.S. NATIONAL Mr. KNOLLENBERG. Mr. Speaker, f SECURITY on December 11, 1997, the United States became a signatory to the Kyoto Pro- (Mr. RILEY asked and was given per- HIGH TECHNOLOGY TRANSFERS tocol, or so-called global warming trea- mission to address the House for 1 TO COMMUNIST CHINA ty. They did this despite the fact that minute.) (Mr. COOKSEY asked and was given the treaty went against the unanimous Mr. RILEY. Mr. Speaker, our Com- permission to address the House for 1 advice of the Senate. mander-in-Chief and our President’s minute.) In Kyoto, the administration com- national security doctrine seems to be Mr. COOKSEY. Mr. Speaker, it might pletely ignored the Senate position and ‘‘anything for a buck.’’ very well be impossible to prove the did exactly the opposite. Now there is A 1997 Pentagon report revealed that quid pro quo which seems obvious to wide concern that the administration a defense contractor had given highly all observers, Chinese money to the is working proactively to implement technical information regarding a Democrats in exchange for high tech- the Kyoto targets through the back failed space launch to the Great Wall nology to the Chinese. door. Part of this stems from the EPA Industry. Great Wall also produces key But whether the Clinton administra- indicating its plan to draft new clean components to China’s strategic nu- tion changed the policy to give high air rules enacting portions of the clear missiles. The Pentagon concluded technology to the Chinese because they Kyoto protocol. that this transfer of information dam- were taking millions of dollars in ille- That is why I introduced the Amer- aged our United States national secu- gal campaign donations or not, the ican Economy Protection Act, H.R. rity, and the Department of Justice scandal is still the same. 3807, which will ensure that the Kyoto has been conducting a criminal inves- Why did the Clinton administration Protocol is not implemented through tigation into the transfer. go against its own Defense Department That is until the President got in- the regulatory process. H.R. 3807 would and the Department of State in giving volved. The President, however, ap- prevent the administration from imple- sensitive technology to Communist proved a waiver for the export of that menting this dangerous treaty in the China? I would like to insist on this same technology, effectively killing absence of Senate ratification by re- point. Taking campaign money from the criminal investigation. Conven- quiring that Federal funds cannot be Communist China is a crime, a serious iently, the chairman of the aerospace used for rules, regulations, or programs crime. Crimes have been committed. firm being investigated was the largest designed to execute the Kyoto Proto- But giving high technology to Com- donor to the Democratic Party last col. munist China and endangering national year. This bill maintains the integrity of security is an even more serious crime. The Clinton Administration contin- the United States Constitution and The first subverts democracy and is ues to follow a policy of helping its supports continued economic growth in evidence of political corruption. But friends at the expense of national secu- this country. I urge support of this bill. the second puts the lives of 265 million rity. It does not take a Pentagon re- f Americans at risk; and that, Mr. port or a rocket scientist to figure out Speaker, is the biggest crime of all. IMMIGRATION REFORM AND that the transfer of missile technology f IMPROVEMENT ACT OF 1998 to the Communist Chinese is bad for b 1030 the United States national security. (Mr. ROGERS asked and was given f permission to address the House for 1 QUESTIONS REMAIN UNANSWERED minute and to revise and extend his re- BY LORAL SPACE AND COMMU- MARRIAGE TAX PENALTY marks.) NICATIONS (Mr. ROGAN asked and was given Mr. ROGERS. Mr. Speaker, are my (Mr. TIAHRT asked and was given permission to address the House for 1 colleagues tired of hearing about thou- permission to address the House for 1 minute and to revise and extend his re- sands of felons being naturalized as minute and to revise and extend his re- marks.) American citizens by an agency out of marks.) Mr. ROGAN. Mr. Speaker, no sane in- control? Are my colleagues tired of Mr. TIAHRT. Mr. Speaker, I have dividual, if asked to start from scratch, having lost control of our borders? Are here in my hand a copy of a two-page would come up with the current tax they tired of a bureaucracy that allows statement released by the Loral Space code in a million years. A tax code that millions of illegal aliens simply be- and Communications Group in response is baffling even to the experts is inde- cause they overstayed while on a legal to recent allegations that, after large fensible. visa? contributions to the Democrat party, One of the aspects of the tax code Mr. Speaker, today I am introducing Loral aided the communist Chinese that is particularly obnoxious is the legislation to overhaul and dramati- government with the development of marriage tax penalty. Many people do cally improve the Nation’s immigra- the ‘‘Long March’’ missile, jeopardizing not learn about the marriage tax pen- tion system. The bill would enact the the security of the United States. alty until they get married. Then they reforms proposed by the bipartisan As always, the scandal is not what is discover all of a sudden that the Gov- Commission on Immigration Reform, in the statement but what is left out, ernment wants to make sure that cou- headed by the late Barbara Jordan. what Loral is not telling us. If Loral is ples just starting out have a little bit These reforms, received by Congress correct that no sensitive information tougher time than they had planned. last year, are based on the most com- and no significant technology was con- Perhaps most surprising of all is the prehensive bipartisan study of our im- veyed to the Chinese, why then did the fact that the marriage penalty can be migration system to date and they State Department and the Defense De- stiffest for those who can afford it offer a common-sense approach to fix- partment oppose the administration’s least, the working poor. Those who ing a system that is broken, failing the granting of a waiver? benefit from the earned income tax citizens it is supposed to protect and Did Loral violate its own policy by credit can face a marriage penalty that the immigrants it is supposed to serve. providing a report to the Communist can only be described as destructive. Since 1984, the Congress has in- Chinese before consulting with the This tax code monstrosity should creased the budget of the INS by over State Department? Was not Loral spe- have been done away with years ago. It 600 percent, yet illegal immigration is cifically advised by the U.S. Govern- will take a Republican Congress to do at an all-time high and service for ille- ment not to go forward with their re- away with it now. I urge my colleagues gal immigrants is at an all-time low. view of the Chinese investigation of the to pass H.R. 3734. Money is no longer an excuse. By im- ‘‘Long March’’ missile failure? May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3495 I assume Loral’s claim of innocence If Shays-Meehan comes to the floor, I with respect to the People’s Republic of is correct, but questions remain unan- would hope that my dear friend the China and shall not exceed two hours equally swered. That is why I ask all Members majority whip, the gentleman from divided and controlled by the chairman and ranking minority member of the Committee of Congress who care about our na- Texas (Mr. DELAY), despite what Roll on National Security. tional security to join in an effort to Call and all of the other newspapers in (2) Consideration of the amendments in find out the answers to these ques- town have said, that he, in fact, will re- part C of the report of the Committee on tions. frain. Rules shall begin with an additional period f I hope that the leadership on the Re- of general debate, which shall be confined to publican side as well as those on the the subject of the assignment of members of TRANSFERRING MISSILE Democratic side will stand firm for re- the armed forces to assist in border control TECHNOLOGY TO CHINA IS WRONG form, will stand firm against the gen- and shall not exceed 30 minutes equally di- vided and controlled by the chairman and (Mr. NORWOOD asked and was given tleman from Texas (Mr. DELAY) and permission to address the House for 1 ranking minority member of the Committee those in the Republican leadership who on National Security. minute.) seem adamantly opposed to campaign Mr. NORWOOD. Mr. Speaker, the na- SEC. 3. It shall be in order at any time for finance. the chairman of the Committee on National tional security of the United States f Security or his designee to offer amend- has been damaged, in my opinion, by ments en bloc consisting of amendments the action of Hughes Electronic Cor- NATIONAL DEFENSE AUTHORIZA- printed in part D of the report of the Com- poration and Loral Space and Commu- TION ACT FOR FISCAL YEAR 1999 mittee on Rules not earlier disposed of ger- nications. They have transferred sen- Mr. SOLOMON. Mr. Speaker, by di- mane modifications of any such amendment. sitive missile technology to the Chi- rection of the Committee on Rules, I Amendments en bloc offered pursuant to this section shall be considered as read (except nese in violation of our laws. call up House Resolution 441 and ask The President of the United States is that modifications shall be reported), shall for its immediate consideration. be debatable for 20 minutes equally divided supposed to protect and defend the in- The Clerk read the resolution, as fol- terest of the United States. But it and controlled by the chairman and ranking lows: minority member of the Committee on Na- seems that when it comes to our for- H. RES. 441 tional Security or their designees, shall not eign policies and trade policies, this be subject to amendment, and shall not be administration’s attitude is that it has Resolved, That at any time after the adop- tion of this resolution the Speaker may, pur- subject to a demand for division of the ques- been elected to defend the interests of suant to clause 1(b) of rule XXIII, declare the tion in the House or in the Committee of the multinational companies who promise House resolved into the Committee of the Whole. For the purpose of inclusion in such big campaign contributions. Whole House on the state of the Union for amendments en bloc, an amendment printed Instead of pursuing legal actions further consideration of the bill (H.R. 3616) in the form of a motion to strike may be against these companies, our President to authorize appropriations for fiscal year modified to the form of a germane perfecting has, instead, tried to help them cover 1999 for military activities of the Depart- amendment to the text originally proposed ment of Defense, to prescribe military per- to be stricken. The original proponent of an their tracks on this issue. He needs to amendment included in such amendments en be more concerned about the national sonnel strengths for fiscal year 1999, and for other purposes. No further general debate bloc may insert a statement in the Congres- security of the United States than he is sional Record immediately before the dis- with the security of a friend who hap- shall be in order. The bill shall be considered for amendment under the five-minute rule. position of the amendments en bloc. SEC. 4. The chairman of the Committee of pens to raise a lot of campaign con- SEC. 2. (a) It shall be in order to consider tributions for the President’s party. as an original bill for the purpose of amend- the Whole may: (1) postpone until a time I do not know if there is a quid pro ment under the five-minute rule the amend- during further consideration in the Commit- quo. I do not care. I do not know if ment in the nature of a substitute rec- tee of the Whole a request for a recorded $100,000 is involved or not, but it is ommended by the Committee on National vote on any amendments; and (2) reduce to wrong to transfer missile technology to Security now printed in the bill. The com- five minutes the minimum time for elec- mittee amendment in the nature of a sub- tronic voting on any postponed question that China. follows another electronic vote without in- f stitute shall be considered as read. All points of order against the committee amendment tervening business, provided that the mini- HOPING REPUBLICANS STAND in the nature of a substitute are waived. mum time for electronic voting on the first in any series of questions shall be 15 min- FIRM FOR CAMPAIGN FINANCE (b) No amendment to the committee amendment in the nature of a substitute utes. REFORM SEC. 5. The chairman of the Committee of shall be in order except the amendments the Whole may recognize for consideration of (Mr. FORD asked and was given per- printed in the report of the Committee on any amendment printed in the report of the mission to address the House for 1 Rules accompanying this resolution and Committee on Rules out of the order printed, minute.) amendments en bloc described in section 3 of but not sooner than one hour after the chair- Mr. FORD. Mr. Speaker, many of my this resolution. (c) Except as specified in section 5 of this man of the Committee on National Security colleagues this morning have raised or a designee announces from the floor a re- very serious issues regarding the trans- resolution, each amendment printed in the report of the Committee on Rules shall be quest to that effect. fer of technology to China as well as SEC. 6. At the conclusion of consideration considered only in the order printed in the of the bill for amendment the Committee Chinese donations. I would simply say report, may be offered only by a Member des- shall rise and report the bill to the House the President as well as this adminis- ignated in the report, shall be considered as with such amendments as may have been tration is welcoming an investigation read, and shall not be subject to a demand adopted. Any Member may demand a sepa- into whether or not any of these dona- for division of the question in the House or rate vote in the House on any amendment tions were improper and whether or in the Committee of the Whole. Unless other- adopted in the Committee of the Whole to wise specified in the report, each amendment not the transfer of this technology was the bill or to the committee amendment in printed in the report shall be debatable for 10 improper. the nature of a substitute. The previous minutes equally divided and controlled by But I would say to my colleagues question shall be considered as ordered on the proponent and an opponent and shall not who were so indignant and filled with the bill and amendments thereto to final be subject to amendment (except that the passage without intervening motion except horror this morning that as we prepare chairman and ranking minority member of one motion to recommit with or without in- to debate campaign finance, I hope the Committee on National Security each structions. that they bring the same degree of pas- may offer one pro forma amendment for the sion and the same degree of integrity purpose of further debate on any pending The SPEAKER pro tempore (Mr. and certainly, the same degree of en- amendment). SHAW). The gentleman from New York ergy to that discussion. (d) All points of order against amendments (Mr. SOLOMON) is recognized for 1 hour. We have an opportunity to ban soft printed in the report of the Committee on Mr. SOLOMON. Mr. Speaker, for the money which, in many ways, would Rules or amendments en bloc described in purposes of debate only, I yield 30 min- help us correct many of the ills and the section 3 of this resolution are waived. utes to the gentleman from Texas (Mr. (e)(1) Consideration of the amendments in pariahs that affect this great system, part A of the report of the Committee on FROST), a very strong supporter of our this great democracy of ours. Twenty Rules shall begin with an additional period military, pending which I would yield States in this Nation have already of general debate, which shall be confined to myself such time as I might consume. done so. the subject of the policy of the United States Mr. Speaker, during consideration of H3496 CONGRESSIONAL RECORD — HOUSE May 20, 1998 this resolution, all time yielded is for Finally, the rule provides for one mo- have a career, that they could not stay debate purposes only. tion to recommit with or without in- in the military, and, consequently they Mr. Speaker, this resolution provides structions. were leaving in droves. This was not for further consideration of H.R. 3616, Mr. Speaker, this kind of structured only noncommissioned officers that the National Defense Authorization rule is typical for the defense author- were needed with their technical abil- Act For Fiscal Year 1999, under a struc- ization bill, as Members well know. ity, but commissioned officers as well. tured rule. It is one of the most impor- The Committee on Rules has gone to Mr. Speaker, I would say to Mem- tant bills that comes before this House great lengths to ensure this rule has bers, go to your recruiters back in your every year because it provides for fund- met the concerns of as many Members districts, and I want you to talk to the ing for our military and for our na- as possible. Exactly 100 amendments Air Force, the Navy, the Army, the tional defense and our strategic inter- were filed with the committee, and we Marine Corps, and they will tell you ests around the world. have made half of them in order. Of the that they are no longer getting the in- The rule provides that no further amendments ruled in order, the ratio of terest of a cross-section of America to general debate shall be in order since amendments by the minority is nearly serve in our military today, because we completed that last night. exactly the same as the ratio of minor- they are worried they could not have a As you know, Mr. Speaker, this rule ity amendments filed with the commit- career there if they were to enlist. provides for consideration of the com- tee. If you look at your applicants to mittee amendment in the nature of a Thus, I believe this is a fair rule and your military academies, I know in my substitute now printed in the bill and a rule that deserves the support of all district we used to have over 100 that as an original bill for the purposes of Members of this body so we can get on would apply for the four appointments amendment which shall be considered to the consideration of the important that I have each year, and today that as read. bill. has drooped from over 100 down to The rule waives all points of order Mr. Speaker, I want to commend two about 25 or 30. That is because they against the amendment in the nature Members of this body. One is the chair- know that they cannot depend on a ca- of a substitute. Mr. Speaker, as is typi- man of the Committee on National Se- reer in the military. cal for this bill, the rule makes in curity. He is the gentleman from South That is what is happening, and that order only those amendments printed Carolina (Mr. SPENCE). Mr. Speaker, is why we need to vote on this bill in the Committee on Rules report and the gentleman from South Carolina today, because it is certainly a step in the amendments en bloc described in (Mr. SPENCE) has been here even longer the right direction for providing ade- section 3 of this resolution, which than I have. I have been here for 20 quate procurement, adequate research Members all have on their tables before and development and adequate pay and them. years. But the gentleman is one of the The rule provides that, except as truly outstanding and respected Mem- benefits and housing for our military specified in section 5 of this resolution, bers of this body. What the gentleman personnel. Again, I want to thank both the gen- amendments will be considered only in has done for our military preparedness the order specified in the report. They over all those years deserves special tleman from Missouri (Mr. SKELTON), may be offered only by a Member des- commendation. the ranking member. I was just prais- ignated in the report, shall be consid- The gentleman from South Carolina ing the gentleman before he came on ered as read, and shall not be subject to has a counterpart on the Democrat side the floor, along with my good friend, a demand for division of the question. in the minority, the gentleman from the gentleman from South Carolina Except as otherwise provided in the Missouri (Mr. SKELTON). He, too, has (Chairman SPENCE). report, amendments shall be debatable been an outstanding and respected Mr. Speaker, I reserve the balance of for 10 minutes equally divided between Member of the Committee on National my time. a proponent and an opponent. Amend- Security. I just want to commend both Mr. FROST. Mr. Speaker, I yield my- ments are not amendable. All points of of them for having brought this bill to self such time as I may consume. order against the amendments are the floor. Mr. Speaker, today our Nation is waived. We have increased the dollar request strong and free. We owe much of our The rule also provides for an addi- of the President of the United States so strength and freedom to the men and tional 2 hours of general debate on that we can at least try to maintain an women in uniform who have through- United States policy towards com- adequate military. I do not have to tell out the history of our great country munist China, which shall precede con- most of you that we, today, because of been willing to stand ready to defend sideration of the four amendments in the reduced spending on military, we our country and our way of life. We part A of the Committee on Rules re- are beginning to go back to the 1970s should be proud of our military serv- port that deal with missile technology. when our military was in deplorable ices and the difficult tasks we as a The rule also provides for an addi- condition; when, just to dramatize country have asked them to perform tional 30 minutes of general debate on that, if you recall back in 1979 our hos- for us. the subject of placing our armed forces tages had been held. American hos- In asking so much of them, the Con- on the border, which shall precede the tages had been held in Teheran and gress must in turn assure each and amendment offered by the gentleman Haran. every soldier, sailor, airman and ma- from Ohio (Mr. TRAFICANT) and the President Carter at the time had or- rine, from the four-star general to the gentleman from Texas (Mr. REYES) dered our military to try to undertake newest recruit, that the Congress will printed in part C of the report. a rescue mission. We had to cannibalize provide them with the means to carry In addition, this rule allows for ex- 10 helicopter gunships just to get five out their difficult mission. tensive debate time on several impor- that would work. That is how bad our It is our responsibility, our duty real- tant and controversial issues. We have military was in, the condition of it at ly, to examine the state of our national set aside special times for these issues, that time. Do you know that four out defenses each year. In doing so, we such as abortion at military installa- of the five of those helicopters, even often find shortcomings in our ability tions overseas; the global warming after we did cannibalize the others to to adequately fund the programs, mis- treaty; the prospect of a U.N. standing get them to work, failed, and so did sions and operations of the military. army, which we should oppose with that rescue mission. It was a disgrace But it is important to remember that every bit of strength we have; and med- what was happening to our ability to in today’s world, Federal dollars are fi- ical benefits for our military retirees. defend our interests around the world. nite, and, given the fiscal restraints The rule authorizes the Chairman of that the Congress has imposed upon b the Committee on National Security or 1045 itself in the budget agreement that has his designee to offer amendments en In those days as well, because the led us to a balanced budget, the Com- bloc consisting of amendments in part military personnel who had enlisted mittee on National Security has done D of this report. En bloc amendments and wanted an honorable career in the an admirable job in balancing the shall be debatable for 20 minutes each military, they knew that because of needs and imperatives of our far-flung and shall not be subject to amendment. the reduced funding that they did not security forces. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3497 H.R. 3616 keeps the promise of our Federal advisory committee on gender of our military than the gentleman budget agreement, and, in doing so, integrated training, now commonly from New York (JERRY SOLOMON). He strives to fulfill our responsibilities to known as the Kassebaum-Baker panel. has made it possible for us to do a lot the armed services. To be sure, there is In March, former Senator Kasse- of things we could not have done other- not enough money to do everything we baum-Baker’s panel reported rec- wise in trying to revitalize our mili- should, but this bill balances the hard- ommendations that all basic training tary, which needs very badly to be revi- ware needs of all branches of the mili- and housing be segregated by gender. talized. tary, while, at the same time, trying to The committee bill adopts this rec- I want to personally thank the gen- assure that the human needs of our ommendation by requiring each of the tleman for all the help he has been to military and their families are ad- military services to assign male and fe- me and our committee as chairman of dressed. male recruits to separate units during the Committee on Rules in helping us Mr. Speaker, I support H.R. 3616. I am basic training, and further requires overall these years. pleased that the Committee on Na- each of the services to house male and Mr. FROST. Mr. Speaker, I yield five tional Security has continued its com- female recruits in separate buildings minutes to the gentleman from Mis- mitment to the development of the beginning on April 15th of next year. sissippi (Mr. TAYLOR). next generation of tactical fighter by While the bill does provide for some Mr. TAYLOR of Mississippi. Mr. providing $1.6 billion in research and waiver of this last requirement because Speaker, I am going to ask my col- development funding for the F–22 of facility limitations at certain instal- leagues to defeat the previous question Raptor. As we approach the 21st Cen- lations, this requirement sets in mo- so that this body may vote on some- tury, the development of this next-gen- tion a procedure which will drastically thing I think is very important, and eration fighter will be an increasingly change basic training for all recruits in that is a measure that would require important component in our ability to the Army, Navy and Air Force. The all Department of Defense employees defend our borders and our troops, no Marine Corps, of course, is currently to be subject to random drug testing. matter where they may be deployed. In the only branch of the service which Mr. Speaker, I have been to Latin addition, the bill contains $595 million currently separates male and female America on a number of occasion. Most for two test F–22s and $190 million for recruits during basic training. recently in February I went to Colom- advanced procurement of six low-rate Mr. Speaker, the branch chiefs of the bia, to towns like Neiva, to San Jose, initial production aircraft in fiscal Army, Navy and Air Force have indi- where American special forces are year 2000. cated they do not support the rec- training Colombian Lanceros in what The Committee on National Security ommendations of the Kassebaum- is a very real war on drugs. has continued to show its strong com- Baker panel. In spite of their opposi- The unit that we visited one week mitment to the production of the V–22 tion to these recommendations, the was annihilated the next. Out of 125 Co- Osprey tiltroter aircraft, a medium lift Committee on Rules did not provide lombian soldiers that went out, 18 re- capability aircraft specifically de- the opportunity to fully debate this turned. The rest were killed or cap- signed for Marine Corps and Special issue. An amendment was proposed by tured. Operations Forces assaults. the gentlewoman from New York (Mrs. When you go to Colombia, you do not H.R. 3616 provides $735 million for the MALONEY) which would have stricken drive around, you have to fly. The rea- production of eight aircraft in fiscal these provisions from the bill, but, be- son you have to fly from place to place year 1999, and an additional $54 million cause the Committee on Rules did not is that the guerrillas control the coun- for advanced procurement. The com- make it in order, the House has been tryside. So everywhere we went was ei- mittee has also endorsed an increase of denied the opportunity to examine this ther on a Colombian National Police production to 30 aircraft per year by issue. This is a major shortcoming of Huey, or a Drug Enforcement Agency the year 2004, which is also supported this rule, Mr. Speaker. plane. That is how real the war on by the findings of the recent Quadren- The committee did not make in order drugs is. nial Defense Review. several other worthy amendments of- But we have a tremendous disconnect In addition, Mr. Speaker, the Com- fered by Democratic Members. But in in our country. You see, we are asking mittee on National Security has sig- spite of the fact the House will not be American soldiers as we speak to get nalled its ongoing support for the B–2 able to debate these worthy issues, I shot at. We are asking the Americans Stealth Bomber program by providing will support the rule. I support it be- who fly the crop dusters that are try- $276 million for B–2 post-production cause it is necessary to move this au- ing to eradicate the coca fields and the support. These funds will enhance the thorization through the legislative poppy fields that are being shot at, and operational effectiveness of the current process. they are shot down periodically. We B–2 fleet, while both the Defense De- We may do little else of great value have American soldiers in Iquitos, partment and the Congress examine in the 105th Congress, but, at the very Peru, and American sailors, American the needs of the Air Force in a long- least, we should assure the passage of Seals, training the Peruvians in term bomber force structure plan. The legislation which serves the needs of riverine operations, mostly on drugs Committee on National Security has our military and the interests of our coming out of Colombia by way of the wisely included a provision in this bill national security. Amazon. which directs the Secretary of the Air Mr. Speaker, I reserve the balance of But this body will not even ask the Force to prepare such a long-range my time. technicians and the people who work plan and submit it to Congress by next Mr. SOLOMON. Mr. Speaker, I yield for our Department of Defense, who are March 1st. such time as he may consume to the paid by our tax dollars, to take a drug Mr. Speaker, the Committee on Rules gentleman from South Carolina (Mr. test to see if they are on our team or has reported a rule which makes in SPENCE), the gentleman I was heaping on their team. order a wide variety of amendments to praise on a few minutes ago, the chair- I offered this amendment for two this vital legislation. Those amend- man of the Committee on National Se- years in a row. Last year the Commit- ments range from transfers of missile- curity. tee on Rules, in what I thought was a related technologies to foreign govern- Mr. SPENCE. Mr. Speaker, I take particularly cowardly action, did not ments, including China, to using mili- this time really to return the com- even vote on it. This year they voted it tary forces to patrol our borders, to pliment. The gentleman from New down in a straight party line vote. capping U.S. contributions to NATO York (Mr. SOLOMON) has been one of So every Republican who goes home expansion. the biggest defenders of our military in and tells you he is tough on drugs, pri- However, the committee chose not to this Congress. vately we know, in looking at that make in order a very significant Mr. Speaker, I have been here for 28 room in the Committee on Rules, voted amendment to a controversial section years. I have seen a lot of people come against it. of the reported Committee on National and go. In the administrations over the All I am asking for is 15 minutes Security bill. As Members know, last years and in Congress, we have never worth of debate on each side and a year’s defense authorization created a had a person who is a bigger defender vote, up or down. Until I get it, I will H3498 CONGRESSIONAL RECORD — HOUSE May 20, 1998 continue to ask for motions to adjourn from Mississippi (Mr. TAYLOR) wants to new hires, in other words, who had sus- before this House. do with the civilian personnel in the picion, in other words, of drugs. We So I think the Committee on Rules military? Would it not be great if we would then random drug test all of the and my fellow Members can make a could do it with all the Department of security and public safety, and then fi- choice: We can vote on it today, or we Transportation and the IRS and every- nally, we would test any House em- can vote on it Sunday, but we will vote body else? Then would it not be great if ployee who has access to the floor of on this. Because I do not think people we could do it with State governments, this body. who work for our Nation ought to take if State governments would implement Now, if my colleagues notice, I have their Federal paycheck and buy drugs the same kind of random drug testing, gone from the severest to the least, and with it. I think we ought to have the and if local governments, the counties in this bill we will have a separation confidence that those people who are and towns and cities and villages would clause that says that any one of these, working on our war on drugs are on our do the same thing? if testing Members is unconstitutional, team. b 1100 then the other 5 classes stand. If test- I do not think it is asking a lot for ing all employees as a condition of em- the ranking Democrat on the Sub- Then, would it not be great if our ployment, if that is found unconstitu- committee on Personnel of the House Fortune 500 companies, most of which tional, then the other 3 stand. Committee on National Security to now do random drug tests on their em- Now, that is what we are going to have an amendment made in order that ployees as a condition of employment, bring on the floor along with a lot of deals with the personnel who work for would that not be great? Think what other legislation. our Department of Defense. would happen if we reduced the use of Mr. TAYLOR of Mississippi. Mr. So, Mr. Speaker, at the proper time I drugs by 80 percent of the American Speaker, will the gentleman yield? would hope that our ranking member, people. That would knock the price Mr. SOLOMON. I yield to the gen- the gentleman from Texas (Mr. FROST) right out from under it, but we would tleman from Mississippi. would recognize me for a motion to de- have no more problem with drugs com- Mr. TAYLOR of Mississippi. Mr. feat the previous question. But also I ing into this country, because there Speaker, I would say to the gentleman, want to assure my colleagues that if would not be any value to them be- I am going to vote for what the gen- the previous question is not defeated cause there would be so few users. tleman is trying to do later, but this is and if this amendment is not made in When we look at the Rand study not today. I am sure when we left last fall, order, we in all probability will be here too many years ago, there were 2 star- Sonny Bono thought he would be here Saturday or Sunday. I have already tling things in there that I just was this spring, but he is not, and I regret canceled my plans. So the question for shocked to see, and one was that 75 that. my fellow Members is, do you want to percent of all of the crime against We are given an opportunity today cancel yours? women and children in America today on a bill that we know the Senate has Mr. SOLOMON. Mr. Speaker, I yield is drug-related. Think what that would to vote on. This is the defense author- myself such time as I may consume. do if we reduced the use of drugs by 80 ization bill for the Nation, and without Mr. Speaker, I sort of hesitate to get percent throughout this country by it, no ships, no planes, no helicopters, up to respond to my good friend, the American citizens. the troops do not get a pay raise, noth- gentleman from Mississippi (Mr. TAY- Then, what was even more shocking ing happens in the Department of De- LOR). I guess I have a reputation of was, and I represent an area of middle fense unless this bill becomes law. having a short temper sometimes, and class America in the Hudson Valley, On the contrary, what the gentleman I do not want to do that because he is the Catskills on one end, the Adiron- from New York is talking about the a respected Member of this body. dacks on the other, but I was shocked Senate never has to vote on, and any- I just want, first of all, to let it be to find out that some of my constitu- one who follows Washington knows known that in my 20 years here in this ents, 75 percent of the illegal drug use that more often than not, anything body I have offered literally dozens of in America today, was used by rec- controversial, they simply choose not amendments dealing with the war on reational weekend drug users; in other to vote on it. drugs, including random drug testing words, people, middle class or upper So I would say to the gentleman, I and mandatory drug testing of Federal middle class who were driving into the would hope, if he is gentleman enough employees throughout this govern- cities, buying marijuana, buying co- to listen, I would hope since the gen- ment. caine and then using it recreationally tleman is in agreement with what I am When Ronald Reagan took office, he on the weekend thinking that it was trying to do for this portion of the gov- was somewhat of a libertarian, and he not going to be any problem. I said, my ernment that he would accept my ef- was not sold on the idea of random God, if we could drug test all of those forts along the lines of the previous drug testing in our military. But we people, the threat of losing their jobs, question, and we will know for cer- did a study at that time and we found they would stop using these rec- tainty, for at least this portion, for the out that back in the mid-eighties, the reational drugs on the weekend. most important thing our Nation does, early eighties, that 25 percent of our So I would say to the gentleman, I which is to defend the Nation, that we military personnel admitted to using support his amendment. We were going will have random drug testing for all drugs of some kind. Twenty-five per- to wait until mid-June, when the gen- Department of Defense employees. cent. When you look at that, you said tleman from Texas (Mr. BARTON) and Mr. SOLOMON. Mr. Speaker, I re- how could they be effective if, God for- myself would bring to this floor a reso- serve the balance of my time. bid, they had to go into battle and lution that would change the Rules of Mr. FROST. Mr. Speaker, I yield 2 jeopardize the other 75 percent? So the House and it would then begin to minutes to the gentleman from Mis- Ronald Reagan agreed by executive random drug test every single Member souri (Mr. SKELTON). order to implement random drug test- of this body; that means me and every Mr. SKELTON. Mr. Speaker, I am ing of every single one of our military. other Member. Then, in addition, we not exactly clear. A moment ago I That meant every buck private, right would drug test all employees as a con- heard the gentleman from New York up to every general. dition of employment. (Mr. SOLOMON) say he would support Do you know what happened over the Now, of course, I am told that that is the gentleman’s amendment. By coun- succeeding four years? Just the threat probably unconstitutional and so is the try interpretation, from a country law- of the random drug testing dropped the testing of Members. Nevertheless, the yer in Missouri, that means that it will use of drugs by our military personnel resolution we will bring to this floor be made in order; is that correct? from 25 percent down to 4 percent. will random drug test every Member, it Mr. SOLOMON. Mr. Speaker, will the Four percent. Can you imagine that? will random drug test every employee gentleman yield? And they became much more effective. of the House. There are thousands of Mr. SKELTON. I yield to the gen- Would it not be great if we could im- them, when we take into consideration tleman from New York. plement that throughout the entire all of the branches of our House of Rep- Mr. SOLOMON. Mr. Speaker, I would Federal Government, as the gentleman resentatives. We would then test all say to the gentleman that he is one of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3499 the men that I most respect in this ought to be reduced. That is simply a have refused the option to vote on Bos- body, and the gentleman is not just a degradation of the democratic process nia. So I will ask Members, have the country lawyer, the gentleman is one and inappropriate. Members may want intellectual consistency, if they vote of the most astute Members of this to vote to keep this spending level up, down the line to keep us from debating body. particularly since we are in a zero sub Bosnia, not to complain about the If the gentleman would like to have situation, and Members who have troops being in Bosnia. There ought to the Taylor amendment made in order. talked about how committed they are be a basic rule that Members are en- Mr. SKELTON. I would, Mr. Speaker. to spending for the elderly and for the joined from complaining about cir- Mr. SOLOMON. Mr. Speaker, we have environment and for housing and for cumstances which they brought about. a very delicate balance of the number crime control will be diminishing our So let us now face the choice. A vote of Republican and Democrat amend- ability to do that if they vote for this for the previous question, a vote for ments that were made in order; we bill. Not to allow even a chance to vote the rule, a vote for the bill, my col- tried to maintain that balance. on a freeze seems to me wholly dis- leagues will have given their okay to At the appropriate time, if the gen- respectful of the democratic process. the troops staying in Bosnia ad infini- tleman is asking me to make an excep- Similarly, Bosnia. I do not know how tum. They are going to be pulled out tion and make the Taylor amendment often I have heard Members on the shortly after the dome comes off this in order. other side complain about Bosnia and building as long as the current policy Mr. SKELTON. Yes, Mr. Speaker. the troops in Bosnia. Why, then, does of the administration is in effect, and I Mr. SOLOMON. I would, during this think Europeans ought to be made to debate, I would ask unanimous consent the Republican leadership refuse to allow this House to vote on an amend- step up to the plate. at the appropriate time to make the I will give Members a chance, if they Taylor amendment in order, and also ment sponsored by 3 Democrats and 3 Republicans to compel withdrawal of will take it, to vote on whether or not to make then a Terry Everett of Ala- we ought to keep the troops in Bosnia bama amendment in order, modified, the troops from Bosnia by December 31? at a $2 billion a year cost. I think that and that will sort of keep, I guess, our is bad public policy. That is debatable. balance in shape. Would that be all According to the administration, it costs us $2 billion a year incrementally What is not debatable is that the right with the gentleman? United States House of Representa- Mr. SKELTON. Yes, Mr. Speaker. I to keep the troops in Bosnia. These amendments go together. We could cut tives, where many Members have com- thank the gentleman so much for his plained about the troops being in Bos- courtesy. out the troops in Bosnia and save money. We could cut out the American nia, cannot even vote on the subject. Mr. SOLOMON. Mr. Speaker, at the That ought not to happen. Neither appropriate time, I would make the troops and let the Europeans do what they ought to do and use that money should we have a situation where Mem- unanimous consent statement. bers are not allowed even to vote on Mr. Speaker, I reserve the balance of for other purposes. It simply does not whether or not we ought to reduce my time. wash for Members on the other side to military spending. Mr. FROST. Mr. Speaker, I yield 5 say, the President has unilaterally So, Mr. Speaker, I hope that Mem- minutes to the gentleman from Massa- overcommitted us. The President has bers, particularly those who have RANK). overextended us; we wish the troops chusetts (Mr. F talked about the troops in Bosnia being Mr. FRANK of Massachusetts. Mr. were not in Bosnia, and then frustrate a problem, who vote against the pre- Speaker, Members should not think an effort to let the membership vote. vious question, I will then offer that that there will not be a vote now on What possible justification can there balanced bipartisan amendment, and the previous question, because I have be for not letting this membership vote we can go forward with our business. no choice but to emulate my colleague, on a bipartisan amendment as to Mr. SOLOMON. Mr. Speaker, could I the gentleman from Mississippi (Mr. whether or not the troops stay in Bos- inquire as to the time remaining on TAYLOR). The gentleman threatened to nia? both sides of the aisle. vote on the previous question and he Mr. SOLOMON. Mr. Speaker, will the The SPEAKER pro tempore (Mr. got his amendment made in order. I gentleman yield? SHAW). Each side has 14 minutes re- have some amendments I would like Mr. FRANK of Massachusetts. I yield maining. made in order and I do not want to be to the gentleman from New York. Mr. SOLOMON. Mr. Speaker, I re- open to the inference that I am less Mr. SOLOMON. Mr. Speaker, the gen- serve the balance of my time. committed to mine than he to his, so I tleman was critical of my trying to Mr. FROST. Mr. Speaker, I yield my- now will announce that I will be mov- have a fair balance of amendments, and self such time as I may consume. ing for a rollcall on the previous ques- let me just say to my good friend, and For the record, there were 50 amend- tion. he is a good friend, that I served for 16 ments made in order, 15 of those are The rule is a disgrace. I understand years in the minority. For many years Democratic amendments, and 35 of the desire of the Republican leadership we felt that we were being discrimi- those are Republican amendments, not to make something out of the China nated against by the majority, and the exactly a balance. The chairman of the issue. It ought to be fully debated, but gentleman knows I have done every- committee was trying to suggest that it should not come at the expense of thing in my power as the chairman of there was some sort of an equal divi- this House debating some of the most the Committee on Rules to try to be as sion; there was not an equal division of important public policy questions we fair as possible. amendments, Mr. Chairman. There face. Bosnia, and I did not know that Mr. FRANK of Massachusetts. Mr. were 15 Democratic amendments out of the principle was equal Democrat and Speaker, reclaiming my time, I under- the 50 made in order, if we want to dis- Republican amendments. That seems stand that; the gentleman has done cuss the merits of the individual to be rather an odd way to make public what was in his power and my criti- amendments as to whether they should policy, but I do not threaten that, be- cism is not aimed at the gentleman, have been made in order. cause the amendments I want made in but at the Republican leadership, Mr. Speaker, I yield 4 minutes to the order are totally bipartisan. which has somehow decided that, I gentlewoman from New York (Mrs. I have an amendment sponsored by don’t know, it may be that they do not MALONEY). myself and the gentleman from Con- want to detract attention from the Mrs. MALONEY of New York. Mr. necticut (Mr. SHAYS) to put a freeze on China issue, and the China issue de- Speaker, I thank the gentleman for defense spending. That was not made in serves full debate, but how can the Re- yielding me this time. order. Let us be very clear. Defense publican leadership justify not letting Mr. Speaker, first I would like to spending represents a large chunk of this House vote on whether or not the thank the gentleman from South Caro- what we have said we will spend. Not a troops stay in Bosnia? lina (Mr. SPENCE), the chairman of the single amendment is made in order I will say this: If we vote for the pre- committee, and the gentleman from that would reduce the budget. vious question on the rollcall I will ask Missouri (Mr. SKELTON), the ranking This House will not be given a chance for and my colleagues vote for this rule member, for allowing one of my to vote on whether or not the budget and they vote for this bill, they will amendments to be in order. H3500 CONGRESSIONAL RECORD — HOUSE May 20, 1998 This legislation will tighten a loop- been included as the last amendments nance and repair equivalent to the depot- hole in the law regarding military re- printed in part D of the report of the level maintenance and repair, as defined in tirement pensions. I was very dis- Committee on Rules accompanying the section 2460 of this title, that such helicopter appointed to see a soldier who was re- resolution. would need were the helicopter to remain in operational use with the armed forces of the cently convicted of a felony go The SPEAKER pro tempore (Mr. United States. unpunished. Certainly, any soldier who SHAW). The Clerk will report the ‘‘(2) Maintenance and repair described in has served honorably deserves a full amendments. paragraph (1) is performed in the United pension, but any soldier who has been The Clerk read as follows: States. demoted due to the commission of a Amendment to be offered by Mr. TAYLOR of ‘‘(b) EXCEPTION.—The requirements of sub- crime should not be entitled to retire Mississippi: section (a) shall not apply with respect to based upon the highest rank served. At the end of subtitle C of title X (page 227, salvage helicopters provided to the foreign Unfortunately, this defense author- after line 14), insert the following new sec- country solely as a source for spare parts.’’. (2) The table of sections at the beginning of ization bill also includes a provision tion: SEC. 1023. RANDOM DRUG TESTING OF DEPART- such chapter is amended by adding at the that no one wants. I am very dis- MENT OF DEFENSE EMPLOYEES. end the following new item: appointed in the Committee on Rules (a) EXPANSION OF EXISTING PROGRAM.—(1) ‘‘2581. Transfer of excess uh–1 huey heli- for not allowing a vote on gender seg- Chapter 81 of title 10, United States Code, is copters and ah–1 cobra heli- regation during basic training in all amended by inserting after section 1581 the copters to foreign countries.’’. branches of the Armed Services. following new section: (b) EFFECTIVE DATE.—Section 2581 of title My amendment to strike this lan- ‘‘§ 1582. Random testing of employees for use 10, United States Code, as added by sub- guage was dismissed by the Committee of illegal drugs section (a), shall apply with respect to the on Rules. The Army, the Navy, the Air ‘‘(a) PROGRAM REQUIRED.—The Secretary of transfer of a UH–1 Huey helicopter or AH–1 Force have all come out against gender Defense shall expand the drug testing pro- Cobra helicopter on or after the date of the enactment of this Act. segregation, because they know men gram required for civilian employees of the and women must train as they fight. Department of Defense by Executive Order Mr. SOLOMON (during the reading). Separating them creates an atmos- 12564 (51 Fed. Reg. 32889; September 15, 1986) Mr. Speaker, I ask unanimous consent to include the random testing on a con- that the amendments be considered as phere of distrust and may affect mili- trolled and monitored basis of all such em- tary readiness. Just as soldiers from di- read and printed in the RECORD. ployees for the use of illegal drugs. The SPEAKER pro tempore. Is there verse ethnic and social backgrounds ‘‘(b) TESTING PROCEDURES AND PERSONNEL must learn to become a cohesive group, ACTIONS.—The requirements of Executive objection to the request of the gen- so must men and women. Order 12564 regarding drug testing proce- tleman from New York? Separate and secure quarters are dures and the personnel actions to be taken There was no objection. achieved without placing unit members with respect to any employee who is found to The SPEAKER pro tempore. Is there in different buildings. Segregating the use illegal drugs shall apply to the expanded objection to the initial request of the drug testing program required by this sec- sexes will cost the Army $159 million, gentleman from New York? tion. There was no objection. according to the Department of De- ‘‘(c) NOTIFICATION TO NEW EMPLOYEES.— fense. Why should we spend this kind of The Secretary of Defense shall notify per- Mr. SOLOMON. Mr. Speaker, I yield money to create a situation that no sons employed after the date of the enact- such time as he may consume to the one wants? ment of this section that, as a condition of gentleman from Sanibel, Florida (Mr. employment by the Department of Defense, PORTER GOSS), a very important mem- b 1115 the person may be required to submit to ber of the Committee on Rules. Secretary Cohen, former chairman of mandatory random drug testing under the Mr. GOSS. Mr. Speaker, I thank the the Joint Chiefs, General expanded drug testing program required by gentleman from Glens Falls, New York, Shalikashvili, all came out against this section.’’. for yielding me the time. (2) The table of sections at the beginning of separating the sexes. such chapter is amended by inserting after Mr. Speaker, there is a lot I would Sexual misconduct issues are not a the item relating to section 1581 the follow- like to say about this rule. It is a good result of training policy, but a mani- ing new item: rule and deserves Member support. It festation of poor leadership. We cannot ‘‘1582. Random testing of employees for use was carefully crafted. There were many cure a social problem with a logistical of illegal drugs.’’. amendments. It is balanced, it is fair, solution. Further isolating women will (b) FUNDING.—No additional funds are au- and I urge everybody’s support. not solve the problem. If nothing else, thorized to be appropriated on account of the The reason I am here with what is it will make the problem worse. It is amendment made by subsection (a). The Sec- left of my voice today is to pay some not an issue of segregation or separa- retary of Defense shall carry out the ex- testimony to the very fine work of the tion, it is about respect and leadership. panded drug testing program for civilian em- gentleman from South Carolina (Chair- ployees of the Department of Defense under Mr. Speaker, as we speak here on the man SPENCE) and ranking member, the section 383 of title 10, United States Code, as floor today, men and women are de- gentleman from Missouri (Mr. IKE added by subsection (a), using amounts oth- fending our country in all parts of the erwise provided for the program. SKELTON). world. They are fighting together. In The gentleman from Missouri (Mr. some parts of Bosnia they are living to- Amendment to be offered by Mr. SKELTON) is the crossover Member on gether in the same tents. It is being EVERETT: the Permanent Select Committee on done with respect and leadership. At the end of title XII (page ll, after line Intelligence, and we have, as everybody Segregating men and women in the ll), insert the following: knows, on defense authorization close military amounts to giving women SEC. ll. TRANSFER OF EXCESS UH–1 HUEY HEL- cooperation and coordination with the their marching orders back into the ICOPTERS AND AH–1 COBRA HELI- COPTERS TO FOREIGN COUNTRIES. Committee on National Security. dark ages. Women are defending this (a) IN GENERAL.—(1) Chapter 153 of title 10, Things would not work as smoothly country. We should defend their right United States Code, is amended by adding at as they have without the gentleman to be treated equally in the military. I the end the following new section: from Missouri (Mr. SKELTON), and I urge a vote against the rule on this ‘‘§ 2581. Transfer of excess uh–1 huey heli- personally and publicly wanted to issue alone, and on the issues raised by copters and ah–1 cobra helicopters to for- thank him, the gentleman from South the gentleman from Massachusetts eign countries Carolina (Chairman SPENCE), and the (Mr. BARNEY FRANK). ‘‘(a) REQUIREMENTS.—The Secretary of De- staffs of both committees that who MODIFICATION TO RESOLUTION OFFERED BY MR. fense shall make all reasonable efforts to en- have worked so hard to make sure we SOLOMON sure that any excess UH–1 Huey helicopter or have come up with a good product. Mr. SOLOMON. Mr. Speaker, I ask AH–1 Cobra helicopter that is to be trans- I, too, think we have underfunded, unanimous consent that notwithstand- ferred on a grant or sales basis to a foreign but we are doing the best with what we country for the purpose of flight operations ing any other provision of the pending for such country shall meet the following re- have. I urge support for the rule. resolution, that the Taylor and the quirements: Mr. Speaker, I rise in strong support of H.R. Everett amendments that I have placed ‘‘(1) Prior to such transfer, the helicopter 3616, the Department of Defense Authoriza- at the desk shall be deemed to have receives, to the extent necessary, mainte- tion Bill for 1999. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3501 Mr. Speaker, I wish to congratulate my commission has been authorized by through basic training today, are iden- friends Chairman SPENCE and the Ranking this body to study the very issues this tical to those who went through 10 Member Mr. SKELTON on delivering the House body is due to vote on as part of this years ago, 20 years ago, 30 or 40 years a sound, bipartisan defense bill that I think all bill today. ago. They are of ages of 18, 19, 20 years the Members of this body can, and should, The gentlewoman from Florida (Mrs. old. vote for. After 14 years of steady decline in FOWLER) and the gentlewoman from When we look at some of the situa- the defense budget, they were again handed California (Ms. HARMAN) asked for a tions that have occurred in other a request by the Administration that clearly similar amendment. The resegregation branches of the service besides the Ma- asks our men and women in the Armed now in the bill represents a major rine Corps, when we mix young men Forces to do ``more with less.'' Mr. SPENCE structural setback for the services and and women together at that age, many and Mr. SKELTON's efforts, and indeed the out- for women that the Department of De- of whom have gone away from home for standing efforts by all members of the National fense and the services strongly oppose. the first time, we are going to have se- Security Committee, have allowed for the Yet, we learned this morning that vere problems. careful crafting of a bill that manages increas- neither the Fowler-Harman nor the In the Marine Corps we have man- ing world-wide risk in an era of shrinking Maloney-Norton amendment has been aged to train them separately and we forces and budgets. This is no easy task. made in order. I am here this morning have not had any instances that have Mr. Speaker, as the Members of this body to announce that the Bipartisan Wom- taken place, and I just hope the gentle- know, the dollars for the Intelligence Budget en’s Caucus of this House is not going woman understands and respects oth- Authorization that we here in the House to take the failure to allow us to even ers’ views on this. It is a question of passed on the 7th of MayÐon a voice voteÐ debate this bill sitting down or stand- trying to make sure that the young are contained in this defense authorization. I ing up. men and women that are going to be can tell you that the close coordination be- The position I am articulating is the serving in our military have adequate tween the National Security Committee and position of the Republican and the training, and later on after they are the Permanent Select Committee on Intel- Democratic Members who are women out of boot camp, they are out of basic ligenceÐon which, I might add, the distin- of the House of Representatives. It is training, certainly they can work to- guished Member from Missouri, Mr. SKELTON, the position of 55 women strong in this gether, as long as it is not in a combat plays a tremendously valuable role as a cross- House. I am going to leave this floor situation. over memberÐallowed us to put together a and go with the gentlewoman from There are those of us that are abso- prudent defense intelligence input to this au- New York (Mrs. MALONEY) and other lutely opposed to women serving in thorization bill. Together, this bill and the intel- women and men of this body to the combat. It is just a matter of principle ligence bill focus on the needs of our Nation. tarmac in just a moment, where we with us. God forbid that women are H.R. 3616 increases spending on equipment will be holding a press conference. taken prisoner of war. Situations occur modernization, it increases the funding for Na- Among the participants will be Eve- that would not occur to a male, and I tional Guard and Reserve modernization not lyn Foote, the Brigadier General, U.S. just could not do that to my daughters funded in the President's request, it addresses Army Retired, who is Vice-Chair of the or my granddaughters, so I just hope a balanced quality of life investment for our Secretary of the Army Senior Review she understands that there is sincerity military personnel, and it improves readiness. Panel Report on Sexual Harassment. on both sides of the aisle on the issue. But, Mr. Speaker, this does not mean we Also with us will be Holly Hempfield, Ms. NORTON. Mr. Speaker, will the are looking at a ``fat'' bill. While the funding in the 1996 chair of the Department of De- gentleman yield? this bill is consistent with the Balanced Budget fense Advisory Committee on Women Mr. SOLOMON. I yield to the gentle- Act of 1997, it should be pointed out that the in the Services. Both of these women woman from the District of Columbia. President's defense requestÐaccording to the who carry the views of the armed serv- Ms. NORTON. Mr. Speaker, I do un- military service chiefsÐis under-funded by ices are with the 55 women of the derstand, and I have the most profound more than 10 billion dollars. I wish we were House of Representatives, saying if you respect for the gentleman from New spending more on our national securityÐon want to set us back, at least hear us York (Mr. Solomon). I understand the our military and our intelligence services. Not out first, do not silence us. feelings of the gentleman from New seeing the will at this point in the Administra- Moreover, we speak for the women of York, for whom I have the most pro- tion to make this critically importantÐeven if the military, and we are sure that we found respect. He served in the armed politically difficultÐcall, I believe H.R. 3616 speak for the women and the men of services when integrated services was does what can be done to limit the further the military. The Department of De- unthinkable. ``hollowing'' out of our defenses. I urge my col- fense Advisory Committee on Women I do want to say only to the gen- leagues to vote yes on H.R. 3616. in the Services, appointed by the Sec- tleman that I know he did not mean to Mr. FROST. Mr. Speaker, I yield 4 retary of Defense, met with 1,200 train- say that the kinds of abuses and sexual minutes to the gentlewoman from the ees and trainers in a random sample to harassment which have in fact come District of Columbia (Ms. Norton). find what the troops believe about men forward are anything like representa- Ms. NORTON. Mr. Speaker, I thank and women serving together in basic tive situations. I do not believe we the gentleman for yielding time to me. training. should step back a giant step because Mr. Speaker, I come to the floor, at They found the overwhelming senti- of a few instances of abuse. the very least in disbelief, and at most ment of our troops to be that men and I think, on the contrary, that we with a sense of outrage, because this women who fight together must train ought to congratulate the troops for bill contains a provision that is so seri- together. This train-as-you-fight strat- the way in which gender integration ous and such a departure that at the egy ensures combat readiness goals are has succeeded, and may I say to the very least, any responsible legislative met. We are here to make clear that gentleman, I was surprised, particu- body would have wanted it debated. the women of the Congress will never larly because I believe he has the votes, The gentlewoman from New York retreat on this issue. that we were not granted the right (Mrs. CAROLYN MALONEY) and I went to Mr. FROST. Mr. Speaker, I reserve even to debate this matter for a lim- the Committee on Rules yesterday to the balance of my time. ited period of time. That is all we ask that an amendment to remove a Mr. SOLOMON. Mr. Speaker, I yield asked. provision of the bill and at least post- myself such time as I may consume. Mr. FROST. Mr. Speaker, I yield 2 pone the resegregation of basic train- Mr. Speaker, again, the gentlewoman minutes to the gentleman from Vir- ing throughout the armed services be from the District of Columbia (Ms. ginia (Mr. SISISKY). made in order. Our amendment would NORTON), who is a woman I deeply re- Mr. SISISKY. Mr. Speaker, I thank simply have stopped congressional ac- spect, and she always speaks her mind, the gentleman for yielding me the tion to segregate the armed services and she does so eloquently, but I would time. pending the receipt of the report of the just say to her that for those of us who Mr. Speaker, I would tell my good Commission on Military Training and have served in the military, we have to friend, the chairman of the Committee Gender-Related Issues, whose members remember that most of the basic train- on Rules, I was surprised that the were just appointed in February. This ing, the men and women that go Fowler amendment was not in there H3502 CONGRESSIONAL RECORD — HOUSE May 20, 1998 today. We had a very close vote in the b 1130 The Department of Defense issued a committee. Also, I further want to ad- I would note that the Army, Navy statement that said American security vise, the problem that we first had in and Air Force chiefs oppose section 521 interests have been harmed. That is the sexual problems was not in basic on the grounds that it removes their the Department of Defense for the Clin- training. Aberdeen was advanced train- discretion for training as they fight. I ton administration, very serious state- ing. would note that according to General ment. It is clear that our policy with Let me just tell the Members this. Lezy, the Deputy Assistant Secretary respect to transferring satellite tech- My problem, and I said it right in the of Defense for Military Personnel Pol- nology to China has been detrimental committee, I do not know enough what icy, section 521 would require the Army to the United States. There may have is right and wrong now. It should not to spend $159 million in fiscal year 2000 been criminal activities, and we need be up to me to decide. I called every to build new barracks to segregate its to further explore this issue. But today chief of the service the morning of the recruits. The Army has not budgeted we have several amendments that have vote, and every one of them, every one for this requirement. When 64 percent been allowed. of them, said we want to integrate the of the Department of Defense family The gentleman from South Carolina training in basic training, with the ex- housing is unsuitable, I believe there (Mr. SPENCE) and the gentleman from ception of the Marine Corps. are better ways to spend this money. New York (Mr. GILMAN) have an I said fine. If the Marine Corps wants Mr. Speaker, the commission ap- amendment that expresses the sense of pointed by Congress will use objective to do it differently, let them do it dif- Congress that business interests must standards to evaluate the value of gen- ferently. If the Navy wants to do it dif- not be placed over United States secu- der-integrated or segregated basic ferently, let them do it. We should not rity interests and that the United training and report to us. We ought not impose ourselves on that. This is a States should not agree to a variety of prejudge their findings. I will be work- very important issue, I would tell the initiatives at the upcoming presi- chairman. I am going to vote for the ing in conference to eliminate section 521, and would appreciate the support dential summit in China, including rule, because I am anxious to get this support for Chinese membership in the thing going, but I must say, I am very of many of my colleagues in this re- gard. missile technology control regime, a disappointed that this amendment was blanket waiver of Tiananmen Square not in there. I do support the rule on this bill. This is an extremely important bill to sanctions, an increase in space Mr. SOLOMON. Mr. Speaker, I am launches from China, agreeing to un- glad to yield 3 minutes to the very dis- the defense of our country. There are many other issues than this one in this verifiable arms control initiatives, in- tinguished gentlewoman from Jackson- creasing the level of military to mili- ville, Florida (Mrs. FOWLER), a member bill. This is a good rule overall. It is a good bill. It is greatly needed for our tary contacts, and entering any new of the committee. agreements involving space or missile Mrs. FOWLER. Mr. Speaker, I thank young men and women that are serving related technology. the gentleman for yielding me the in the armed services of our country. I time. urge all of my colleagues to support Essentially we are saying, you fouled Mr. Speaker, I rise to express my ap- the rule and then to support the bill this thing up, you have given away preciation to the Committee on Rules, later today. American security interests. We are Mr. SOLOMON. Mr. Speaker, I yield 4 first for making one of my amend- putting the brakes on until we can sort minutes to the very distinguished gen- ments in order, and my disappointment this thing out. It is an excellent tleman from San Diego, California (Mr. that the other was not. I believe, as I amendment by the gentleman from HUNTER), a stalwart advocate of our walked in, I think the gentleman from South Carolina (Mr. SPENCE) and the Nation’s military. gentleman from New York (Mr. GIL- Virginia (Mr. SISISKY) must have been Mr. HUNTER. Mr. Speaker, I thank MAN). talking to this issue, also. the chairman of the Committee on But with my colleague, the gentle- Rules for yielding this time. The gentleman from Nebraska (Mr. woman from California (Ms. JANE HAR- Mr. Speaker, let me say he has got- BEREUTER) has an amendment that MAN), I have put forward an amend- ten beaten up a little bit over this rule. would prohibit U.S. participation in ment in the committee to retain cur- Let me tell Members something that any post-launch failure investigation rent policies regarding integration of the chairman did insist on that was involving the launch of a U.S. satellite male and female soldiers, sailors and very important from a national secu- from China. Somebody mentioned that airmen at the unit level during basic rity standpoint. That is that he has al- Loral and Hughes were kind of like the training. Unfortunately, this amend- lowed and the committee has allowed, engineer who was sentenced to the ment was not made in order under this and should be commended for letting guillotine by Khomeini, and after the rule. us put in four amendments that have guillotine had failed to work on several Our amendment would have stricken to do with the transfer of satellite other people who would have been exe- section 521 of the bill, which requires technology, which is at this point a cuted and they were allowed to go free, gender segregation at the small unit very critical issue for national secu- the engineer, the American engineer level throughout basic training, and rity. laid under the guillotine and said, I the housing of male and female re- Most people now know that China think I see your problem. cruits in separate barracks. has been launching American satellites At any rate, the Bereuter amend- Instead, our amendment would have with their Long March rockets, which ment would prohibit U.S. participation required the Congressional Commission are essentially the same rockets that in any post-launch failure investiga- on Military Training and Gender-Re- are aimed with nuclear-tipped war- tion involving the launch of an U.S. lated Issues, which this Congress estab- heads at cities in the United States. We satellite. We have the Hefley amend- lished only last year at a cost of $2.2 have an interest, obviously, in not ment that would prohibit the export or million, to specifically study the rec- accuratizing those missiles or making reexport of any missile equipment or ommendations of the Kassebaum- them more reliable. Unfortunately, technology to the People’s Republic of Baker Commission before any action after a failed launch in 1996, it has been China. And finally, I have an amend- on this matter could proceed. alleged that Loral and Hughes, two of ment that would prohibit the export or While I have the highest regard for our satellite companies, engaged with reexport of U.S. satellites, including my good friends, Senators Kassebaum the Chinese scientists after one of the commercial satellites and satellite and Baker, the methodology that was satellites had gone down, and it was a components, to the People’s Republic employed by that panel has been criti- $200 million package, engaged with the of China. cized by the GAO. The Fowler-Harman Chinese scientists and engineers and amendment also would have promoted showed them what they were doing These are very important amend- privacy by gender in living spaces to wrong with respect to these Long ments. I thank the committee and the the maximum extent practicable, with- March rockets, which have nuclear- chairman for allowing them. out a specific requirement to separate tipped missiles which are aimed at the Mr. FROST. Mr. Speaker, I yield my- by barracks. United States. self such time as I may consume. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3503 Mr. Speaker, this is an important They did not want the Iraq issue to Despite this strong indication by Congress rule. This is an important piece of leg- come on to the floor. to stop assistance to the Indonesian Military, islation. I support the rule. I would ad- Mrs. MALONEY of New York. Mr. the Department of Defense continues to pro- vise the Chair at this point that there Speaker, will the gentleman yield? vide assistance through the Joint Combined will be a Member on our side who will Mr. SOLOMON. Mr. Speaker, we do Exchange and Training program. Last Sep- seek a vote on the previous question. I not interrupt somebody who is closing. tember, I wrote Secretary of Defense Cohen would ask the Chair to recognize that They know better than that. requesting detailed information on the training Member at the appropriate time. I just wanted to say one last thing, of members of the Kopassus, the elite special Mr. Speaker, I yield back the balance that I also take full responsibility for forces division of the Indonesian military. The of my time. not allowing any cutting amendments. Kopassus is famous for its role as the ruthless Mr. SOLOMON. Mr. Speaker, I yield I have done this for the last several ``enforcer'' of Indonesia's occupation of East 11⁄2 minutes to the gentleman from In- years because I am absolutely outraged Timor. diana (Mr. BUYER). to what is happening with our mili- Several months later, I received a response Mr. BUYER. Mr. Speaker, I came to tary. We have Members that will come from Deputy Secretary John Hamre, describ- the floor because I want to ensure that on this floor, they will want to cut a ing the United States' continued training of the the Members that come to vote on this little bit here and a little bit there. Indonesian military under another programÐ rule understand what happened in the Pretty soon we are right back to where the JCET. While I recognize that Indonesia's Committee on National Security with we were in 1979. participation in the JCET program is in compli- regard to the Kassebaum-Baker panel’s Mr. Speaker, we cannot allow that to ance with U.S. law, I do not support any train- recommendations. There are no distor- happen. If Members do not like the ing of the Indonesian military by U.S. armed tions that are out there. funding level, if they think it is too services. It is clear to me and several of my Nancy Kassebaum’s panel were 10 in- much, come over here and vote ‘‘no.’’ dividuals of highly diverse background colleagues that the JCET program is the Pen- But if they want to stand up for the tagon's loophole to the ban on IMET. who made a unanimous decision that young men and women that are serving was overwhelmingly received favorably The amendment, which I was to offer with in our military today, we want to give Representatives NITA LOWEY, PATRICK KEN- across the country. Why? Because it them the best procurement in weapons gave common sense solutions. It said, NEDY and CHRIS SMITH, would have sent a di- we can give them. We want to give rect message to President Suharto that the separate by gender in the barracks and them the best training. We want to at the small unit level, that is flights flagrant abuse of power, unmitigated repres- give them the best benefits in order to in the Air Force, divisions in the Navy sion and complete disregard for fundamental let them undertake an honorable ca- and by platoon in the Army, but then human rights will not be tolerated. Because reer in the military. It is more honor- when they go train, it is integrated the moratorium would have lasted only for the able than any other career in this training. fiscal year, it would have allowed Congress to There are those that are trying to country, yet many Members in this reassess the merits of providing military train- distort this by calling it segregated House do not seem to give a damn any- ing to Indonesia next year. training. That is completely false. I more. I hope that we can address this problem want Members to understand this is Mr. FRANK of Massachusetts. Mr. later in the session, but I still believe it was an only separating by barracks. Basically Speaker, will the gentleman yield? opportunity that this Congress should not have Mr. SOLOMON. I will not yield. we are saying we do not necessarily missed. This rule abrogates our responsibility I hope that Members will come over think that young men and women to ensure that our national security policy em- to this body and vote for this rule. We ought to be sleeping together and we bodies the very democratic principles it seeks have been as fair as we possibly can. recognize that we have some collateral to defend. I believe it is unfortunate and does We have made a percentage of Demo- problems when that occurs. So when not reflect well on this institution. Members come to the floor, I want crat amendments in order compared to Mr. SOLOMON. Mr. Speaker, I yield them to be very clear in understanding what they had asked for. The same back the balance of my time, and I what exactly this is. thing with the Republicans, we shut move the previous question on the res- It is the Nancy Kassebaum language out many Republicans in order to try olution. on those two issues. And to make sure to be fair. That is why everyone should The SPEAKER pro tempore (Mr. that the services across the river do come over here and vote for this rule SHAW). The question is on ordering the not spin this with regard to the Air today. previous question. Force, this takes the Air Force back to Mr. EVANS. Mr. Speaker, today's rule on The question was taken; and the the way they were doing it for over 20 the FY99 DOD Authorization Act does not in- Speaker pro tempore announced that years. They used to separate by flight, clude my amendment which would have the ayes appeared to have it. by gender, until July of last year. So barred U.S. special forces training of the Indo- Mr. FRANK of Massachusetts. Mr. do not let anybody distort this. I want nesian Military in FY99. I am gravely dis- Speaker, I object to the vote on the to be very clear with Members. If they appointed that the Rules Committee did not ground that a quorum is not present have any questions, contact me and I see fit to allow the House to consider this and make the point of order that a will be very pleased to explain it to issue at such an important juncture in our na- quorum is not present. them. tion's policy toward Indonesia. The SPEAKER pro tempore. Evi- Mr. SOLOMON. Mr. Speaker, I yield Today, Indonesia is entrenched in an un- dently a quorum is not present. myself the balance of my time. precedented political and economic crisis. Re- The Sergeant at Arms will notify ab- In closing the debate, let me just say cent reports of student deaths at the hands of sent Members. that the statement by the gentleman Indonesian police opening fire on demonstra- Pursuant to clause 5 of rule XV, the from Indiana (Mr. BUYER) is the exact tions is just one example of the violence and Chair will reduce to a minimum of 5 reason why I took full responsibility terror that have become routine within the minutes the period of time within for not allowing the Maloney amend- Suharto regime. which a vote by electronic device, if or- ment, because if it had come on this This type of repression is just the latest dered, will be taken on the question of floor it would have been a totally polit- chapter in the Suharto regimes' transgressions agreeing to the resolution. ical issue and would not have dealt against its own people. No where is that more The vote was taken by electronic de- with the merits. I did so after consult- apparent than in the conduct of the Indonesian vice, and there were—yeas 281, nays ing with the administration; this is the military. The use of the Indonesian military in 134, not voting 17, as follows: the intimidation, torture and murder of both In- Clinton administration. The Clinton [Roll No. 165] administration did not want this issue donesians and the citizens of East Timor is YEAS—281 to come on the floor, nor did they want widespread, documented and undisputed. The the Bosnia issue to come on the floor. brutal massacre of over 270 peaceful dem- Abercrombie Baldacci Barton Aderholt Ballenger Bass Mr. FRANK of Massachusetts. Mr. onstrators in an East Timor cemetery by the Allen Barcia Bereuter Speaker, will the gentleman yield? Indonesian Military at the beginning of this Archer Barr Bilbray Mr SOLOMON. I will not yield at this decade led Congress to ban U.S. taxpayer Bachus Barrett (NE) Bilirakis time, Mr. Speaker. funded IMET training in 1992. Baker Bartlett Bishop H3504 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Blagojevich Hefner Pickering DeLauro Kind (WI) Price (NC) Clyburn Johnson, Sam Pryce (OH) Bliley Herger Pickett Deutsch Kleczka Rahall Coble Jones Quinn Blunt Hill Pitts Dingell Kucinich Rangel Coburn Kanjorski Radanovich Boehlert Hilleary Pombo Dixon LaFalce Rivers Collins Kasich Ramstad Boehner Hobson Pomeroy Doggett Lantos Rodriguez Combest Kelly Redmond Bonilla Hoekstra Porter Dooley Lee Rothman Cook Kennedy (RI) Regula Bono Holden Portman Engel Levin Roybal-Allard Cooksey Kennelly Reyes Borski Horn Pryce (OH) Eshoo Lewis (GA) Rush Cox Kildee Riggs Boswell Hostettler Quinn Etheridge Lofgren Sanchez Cramer Kilpatrick Roemer Boucher Houghton Radanovich Evans Lowey Sanders Crapo Kim Rogan Brady Hoyer Ramstad Farr Luther Sandlin Cubin King (NY) Rogers Bryant Hulshof Redmond Fattah Maloney (NY) Sawyer Cunningham Kingston Rohrabacher Bunning Hunter Regula Fazio Manton Schumer Danner Klink Ros-Lehtinen Burr Hutchinson Reyes Filner Matsui Serrano Davis (VA) Klug Rothman Burton Hyde Riggs Ford McDermott Skaggs Deal Knollenberg Roukema Buyer Inglis Riley Frank (MA) McGovern Slaughter DeLay Kolbe Royce Callahan Istook Roemer Furse McKinney Stark Diaz-Balart LaHood Ryun Calvert Jenkins Rogan Gejdenson McNulty Stokes Dickey Lampson Sabo Camp John Rogers Gephardt Meehan Strickland Dicks Largent Salmon Canady Johnson (CT) Rohrabacher Green Meek (FL) Stupak Dixon Latham Sanchez Cannon Johnson, Sam Ros-Lehtinen Gutierrez Menendez Tauscher Dooley LaTourette Sandlin Castle Jones Roukema Hamilton Millender- Thurman Doolittle Lazio Sanford Chabot Kasich Royce Hastings (FL) McDonald Tierney Doyle Leach Saxton Chambliss Kelly Ryun Hilliard Miller (CA) Torres Dreier Lewis (CA) Scarborough Chenoweth Kennedy (RI) Sabo Hinojosa Mink Towns Duncan Lewis (KY) Schaefer, Dan Christensen Kennelly Salmon Hooley Moakley Velazquez Dunn Linder Schaffer, Bob Clement Kim Sanford Jackson (IL) Nadler Vento Edwards Lipinski Scott Clyburn King (NY) Saxton Jackson-Lee Neal Waters Ehlers Livingston Sensenbrenner Coble Kingston Scarborough (TX) Oberstar Watt (NC) Ehrlich LoBiondo Sessions Coburn Klink Schaefer, Dan Jefferson Obey Waxman Emerson Lucas Shadegg Collins Klug Schaffer, Bob Johnson (WI) Olver Wexler English Maloney (CT) Shaw Combest Knollenberg Scott Johnson, E. B. Owens Weygand Ensign Manzullo Sherman Cook Kolbe Sensenbrenner Kanjorski Pallone Woolsey Everett Markey Shimkus Cooksey LaHood Sessions Kaptur Pastor Wynn Farr Martinez Shuster Cox Lampson Shadegg Kennedy (MA) Payne Yates Fawell Mascara Sisisky Cramer Largent Shaw Kildee Pelosi Fazio McCarthy (MO) Skeen Crapo Latham Shays Kilpatrick Poshard Foley McCarthy (NY) Skelton Cubin LaTourette Sherman Forbes McCollum Slaughter Cunningham Lazio Shimkus NOT VOTING—17 Ford McDade Smith (MI) Danner Leach Shuster Andrews Ewing Meeks (NY) Fossella McHale Smith (NJ) Davis (VA) Lewis (CA) Sisisky Armey Gonzalez Ney Fowler McHugh Smith (OR) Deal Lewis (KY) Skeen Bateman Goodling Northup Fox McInnis Smith (TX) DeLay Linder Skelton Carson Greenwood Paxon Franks (NJ) McIntosh Smith, Adam Diaz-Balart Lipinski Smith (MI) Clay Harman Stabenow Frelinghuysen McIntyre Smith, Linda Dickey Livingston Smith (NJ) Crane Hinchey Frost McKeon Snowbarger Dicks LoBiondo Smith (OR) Ganske Meek (FL) Snyder Doolittle Lucas Smith (TX) b 1200 Gekas Menendez Solomon Doyle Maloney (CT) Smith, Adam Gibbons Metcalf Souder Dreier Manzullo Smith, Linda Messrs. RODRIGUEZ, RANGEL, Gilchrest Mica Spence Duncan Markey Snowbarger BLUMENAUER, and SKAGGS, and Ms. Gillmor Millender- Spratt Dunn Martinez Snyder SANCHEZ, MS. MCKINNEY and Ms. Gilman McDonald Stark Edwards Mascara Solomon Goode Miller (FL) Stearns Ehlers McCarthy (MO) Souder KAPTUR changed their vote from Goodlatte Mink Stenholm Ehrlich McCarthy (NY) Spence ‘‘yea’’ to ‘‘nay.’’ Gordon Mollohan Stump Emerson McCollum Spratt Mrs. KENNELLY of Connecticut and Goss Moran (KS) Sununu English McCrery Stearns Graham Moran (VA) Talent Ensign McDade Stenholm Mr. REYES changed their vote from Granger Morella Tanner Everett McHale Stump ‘‘nay’’ to ‘‘yea.’’ Greenwood Murtha Tauscher Fawell McHugh Sununu Gutknecht Myrick Tauzin Foley McInnis Talent b 1201 Hall (OH) Nethercutt Taylor (MS) Forbes McIntosh Tanner Hall (TX) Neumann Taylor (NC) Fossella McIntyre Tauzin So the previous question was ordered. Hansen Ney Thornberry Fowler McKeon Taylor (MS) The result of the vote was announced Hastert Northup Thune Fox Metcalf Taylor (NC) as above recorded. Hastings (WA) Norwood Tiahrt Franks (NJ) Mica Thomas Hayworth Nussle Towns Frelinghuysen Miller (FL) Thompson The SPEAKER pro tempore (Mr. Hefley Ortiz Traficant Frost Minge Thornberry PETRI). The question is on the resolu- Hefner Oxley Turner Gallegly Mollohan Thune tion, as amended. Herger Packard Upton Ganske Moran (KS) Tiahrt The question was taken; and the Hill Pallone Visclosky Gekas Moran (VA) Traficant Hilleary Pappas Walsh Gibbons Morella Turner Speaker pro tempore announced that Hobson Parker Wamp Gilchrest Murtha Upton the ayes appeared to have it. Hoekstra Pascrell Waters Gillmor Myrick Visclosky Holden Pastor Watkins RECORDED VOTE Gilman Nethercutt Walsh Horn Paul Watts (OK) Goode Neumann Wamp Mr. FRANK of Massachusetts. Mr. Hostettler Pease Weldon (FL) Goodlatte Norwood Watkins Speaker, I demand a recorded vote. Houghton Pelosi Weldon (PA) Gordon Nussle Watts (OK) A recorded vote was ordered. Hoyer Peterson (MN) Weller Goss Ortiz Weldon (FL) Hulshof Peterson (PA) Weygand Graham Oxley Weldon (PA) The vote was taken by electronic de- Hunter Petri White Granger Packard Weller vice, and there were—ayes 304, noes 108, Hutchinson Pickering Whitfield Gutknecht Pappas White not voting 20, as follows: Hyde Pickett Wicker Hall (OH) Parker Whitfield Inglis Pitts Wise Hall (TX) Pascrell Wicker [Roll No. 166] Istook Pombo Wolf Hansen Paul Wise AYES—304 Jefferson Pomeroy Wynn Hastert Pease Wolf Jenkins Porter Young (AK) Hastings (WA) Peterson (MN) Young (AK) Abercrombie Bilbray Bunning John Portman Young (FL) Hayworth Peterson (PA) Young (FL) Aderholt Bilirakis Burton Johnson (CT) Price (NC) Hefley Petri Allen Bishop Buyer Archer Blagojevich Callahan NOES—108 Bachus NAYS—134 Bliley Calvert Ackerman Brown (CA) Cummings Baker Blunt Camp Baesler Brown (FL) Davis (FL) Ackerman Boyd Conyers Baldacci Boehlert Canady Barrett (WI) Brown (OH) Davis (IL) Baesler Brown (CA) Costello Ballenger Boehner Cannon Becerra Campbell DeFazio Barrett (WI) Brown (FL) Coyne Barcia Bonilla Castle Bentsen Capps DeGette Becerra Brown (OH) Cummings Barr Bono Chabot Berman Cardin Delahunt Bentsen Campbell Davis (FL) Barrett (NE) Borski Chambliss Berry Condit DeLauro Berman Capps Davis (IL) Bartlett Boswell Chenoweth Blumenauer Conyers Deutsch Berry Cardin DeFazio Barton Boucher Christensen Bonior Costello Dingell Blumenauer Clayton DeGette Bass Brady Clayton Boyd Coyne Doggett Bonior Condit Delahunt Bereuter Bryant Clement May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3505 Engel Kucinich Rangel Be it enacted by the Senate and House of Sec. 306. Operation of prepositioned fleet, Na- Eshoo LaFalce Rivers Representatives of the United States of America tional Training Center, Fort Etheridge Lantos Rodriguez in Congress assembled, Irwin, California. Evans Lee Roybal-Allard Fattah Levin Rush SECTION 1. SHORT TITLE. Sec. 307. Relocation of USS WISCONSIN. Filner Lewis (GA) Sanders This Act may be cited as the ‘‘National De- Sec. 308. Fisher House Trust Funds. Frank (MA) Lofgren Sawyer fense Authorization Act for Fiscal Year 1999’’. Subtitle B—Information Technology Issues Furse Lowey Schumer SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Gallegly Luther Serrano Sec. 311. Additional information technology re- TABLE OF CONTENTS. Gejdenson Maloney (NY) Shays sponsibilities of Chief Information Gephardt Matsui Skaggs (a) DIVISIONS.—This Act is organized into Officers. Green McDermott Stokes three divisions as follows: Sec. 312. Defense-wide electronic mall system Gutierrez McGovern Strickland (1) Division A—Department of Defense Au- for supply purchases. Hamilton McKinney Stupak thorizations. Sec. 313. Protection of funding provided for cer- Hastings (FL) McNulty Thompson (2) Division B—Military Construction Author- tain information technology and Hilliard Meehan Thurman izations. national security programs. Hinojosa Miller (CA) Tierney (3) Division C—Department of Energy Na- Hooley Minge Torres Sec. 314. Priority funding to ensure year 2000 Jackson (IL) Moakley Velazquez tional Security Authorizations and Other Au- compliance of mission critical in- Jackson-Lee Nadler Vento thorizations. formation technology and na- (TX) Neal Watt (NC) (b) TABLE OF CONTENTS.—The table of con- tional security systems. Johnson (WI) Oberstar Waxman tents for this Act is as follows: Sec. 315. Evaluation of year 2000 compliance as Johnson, E. B. Obey Wexler Sec. 1. Short title. part of training exercises pro- Kaptur Olver Woolsey Kennedy (MA) Owens Yates Sec. 2. Organization of Act into divisions; table grams. Kind (WI) Poshard of contents. Subtitle C—Environmental Provisions Kleczka Rahall Sec. 3. Congressional defense committees de- fined. Sec. 321. Authorization to pay negotiated settle- NOT VOTING—20 ment for environmental cleanup DIVISION A—DEPARTMENT OF DEFENSE Andrews Ewing Meeks (NY) at former Department of Defense Armey Gonzalez Paxon AUTHORIZATIONS sites in Canada. Bateman Goodling Payne TITLE I—PROCUREMENT Sec. 322. Removal of underground storage Burr Harman Riley Subtitle A—Authorization of Appropriations tanks. Carson Hinchey Stabenow Clay Manton Thomas Sec. 101. Army. Subtitle D—Defense Infrastructure Support Crane McCrery Sec. 102. Navy and Marine Corps. Improvement Sec. 103. Air Force. b 1212 Sec. 331. Reporting and study requirements be- Sec. 104. Defense-wide activities. fore change of commercial and in- So the resolution, as amended, was Sec. 105. Reserve components. dustrial type functions to contrac- agreed to. Sec. 106. Defense Inspector General. tor performance. The result of the vote was announced Sec. 107. Chemical Demilitarization Program. Sec. 332. Clarification of requirement to main- as above recorded. Sec. 108. Defense health programs. tain Government-owned and Gov- A motion to reconsider was laid on Sec. 109. Defense Export Loan Guarantee Pro- ernment-operated core logistics gram. the table. capability. Subtitle B—Army Programs f Sec. 333. Oversight of development and imple- Sec. 111. Multiyear procurement authority for mentation of automated identi- PERSONAL EXPLANATION Longbow Hellfire missile program. fication technology. Mr. RILEY. Mr. Speaker, due to unavoidable Sec. 112. M1A2 System Enhancement Program Sec. 334. Conditions on expansion of functions Step 1 Program. performed under prime vendor circumstances, I was not present for rollcall Subtitle C—Navy Programs contracts. vote No. 166. Had I been present, I would Sec. 335. Clarification of definition of depot- Sec. 121. Multiyear procurement authority for have voted ``aye'' in favor of the rule. level maintenance and repair. the Department of the Navy. The SPEAKER pro tempore (Mr. Sec. 336. Clarification of commercial item excep- PETRI). Pursuant to House Resolution Subtitle D—Other Matters tion to requirements regarding 440 and rule XXIII, the Chair declares Sec. 141. Funding, transfer, and management of core logistics capabilities. the House in the Committee of the the Assembled Chemical Weapons Sec. 337. Development of plan for establishment Whole House on the State of the Union Assessment Program. of core logistics capabilities for for the further consideration of the TITLE II—RESEARCH, DEVELOPMENT, maintenance and repair of C–17 TEST, AND EVALUATION aircraft. bill, H.R. 3616. Sec. 338. Contractor-operated civil engineering Subtitle A—Authorization of Appropriations b 1214 supply stores program. Sec. 201. Authorization of appropriations. Sec. 339. Report on savings and effect of per- IN THE COMMITTEE OF THE WHOLE Sec. 202. Amount for basic and applied re- sonnel reductions in Army Mate- Accordingly, the House resolved search. riel Command. itself into the Committee of the Whole Subtitle B—Program Requirements, Subtitle E—Commissaries and House on the State of the Union for the Restrictions, and Limitations Nonappropriated Fund Instrumentalities further consideration of the bill (H.R. Sec. 211. Management responsibility for Navy Sec. 341. Continuation of management and 3616) to authorize appropriations for mine countermeasures programs. funding of Defense Commissary fiscal year 1999 for military activities Sec. 212. Future aircraft carrier transition tech- Agency through the Office of the of the Department of Defense, to pre- nologies. Secretary of Defense. scribe military personnel strengths for Sec. 213. Manufacturing technology program. Sec. 342. Expansion of current eligibility of Re- fiscal year 1999, and for other purposes, Subtitle C—Ballistic Missile Defense serves for commissary benefits. with Mr. CAMP in the chair. Sec. 231. National Missile Defense policy. Sec. 343. Repeal of requirement for Air Force to The Clerk read the title of the bill. Sec. 232. Limitation on funding for the Medium sell tobacco products to enlisted The CHAIRMAN. When the Commit- Extended Air Defense System. personnel. Sec. 233. Limitation on funding for cooperative Sec. 344. Restrictions on patron access to, and tee of the Whole House rose on Tues- purchases in, overseas com- day, May 19, 1998 pursuant to House ballistic missile defense programs. Sec. 234. Limitation on funding for missaries and exchange stores. Resolution 435, all time for general de- counterproliferation support. Sec. 345. Extension of demonstration project for bate had expired. Pursuant to House Sec. 235. Ballistic Missile Defense program ele- uniform funding of morale, wel- Resolution 441, no further general de- ments. fare, and recreation activities. Sec. 346. Prohibition on consolidation or other bate is in order. TITLE III—OPERATION AND organizational changes of Depart- The committee amendment in the MAINTENANCE nature of a substitute printed in the ment of Defense retail systems. Subtitle A—Authorization of Appropriations bill is considered as an original bill for Sec. 347. Authorized use of appropriated funds Sec. 301. Operation and maintenance funding. for relocation of Navy Exchange the purpose of amendment and is con- Sec. 302. Working capital funds. Service Command. sidered read. Sec. 303. Armed Forces Retirement Home. Sec. 348. Evaluation of merit of selling malt The text of the committee amend- Sec. 304. Transfer from National Defense Stock- beverages and wine in commissary ment in the nature of a substitute is as pile Transaction Fund. stores as exchange system mer- follows: Sec. 305. Refurbishment of M1–A1 tanks. chandise. H3506 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Subtitle F—Other Matters Sec. 512. Active status service requirement for Sec. 562. Study of revising the term of service of Sec. 361. Eligibility requirements for attendance promotion consideration for Army members of the United States at Department of Defense domes- and Air Force Reserve component Court of Appeals for the Armed tic dependent elementary and sec- brigadier generals. Forces. ondary schools. Sec. 513. Revision to educational requirement Sec. 563. Status of cadets at the Merchant Ma- Sec. 362. Specific emphasis of program to inves- for promotion of Reserve officers. rine Academy. tigate fraud, waste, and abuse Subtitle C—Military Education and Training TITLE VI—COMPENSATION AND OTHER within Department of Defense. Sec. 521. Requirements relating to recruit basic PERSONNEL BENEFITS Sec. 363. Revision of inspection requirements re- training. Subtitle A—Pay and Allowances lating to Armed Forces Retirement Sec. 522. After-hours privacy for recruits during Sec. 601. Increase in basic pay for fiscal year Home. basic training. 1999. Sec. 364. Assistance to local educational agen- Sec. 523. Extension of reporting dates for Com- Sec. 602. Basic allowance for housing outside cies that benefit dependents of mission on Military Training and the United States. members of the Armed Forces and Gender Related Issues. Sec. 603. Basic allowance for subsistence for Department of Defense civilian Sec. 524. Improved oversight of innovative read- Reserves. employees. iness training. Sec. 365. Strategic plan for expansion of dis- Subtitle D—Decorations, Awards, and Subtitle B—Bonuses and Special and tance learning initiatives. Incentive Pays Sec. 366. Public availability of operating agree- Commendations Sec. 611. One-year extension of certain bonuses ments between military installa- Sec. 531. Study of new decorations for injury or and special pay authorities for re- tions and financial institutions. death in line of duty. serve forces. Sec. 367. Department of Defense readiness re- Sec. 532. Waiver of time limitations for award of porting system. certain decorations to specified Sec. 612. One-year extension of certain bonuses Sec. 368. Travel by Reservists on carriers under persons. and special pay authorities for contract with General Services Sec. 533. Commendation of the Navy and Ma- nurse officer candidates, reg- Administration. rine Corps personnel who served istered nurses, and nurse anes- thetists. Subtitle G—Demonstration of Commercial- in the United States Navy Asiatic Fleet from 1910–1942. Sec. 613. One-year extension of authorities re- Type Practices To Improve Quality of Per- lating to payment of other bo- sonal Property Shipments Sec. 534. Appreciation for service during World War I and World War II by mem- nuses and special pays. Sec. 381. Demonstration program required. bers of the Navy assigned on Sec. 614. Aviation career incentive pay and Sec. 382. Goals of demonstration program. board merchant ships as the aviation officer retention bonus. Sec. 383. Program participants. Naval Armed Guard Service. Sec. 615. Special pay for diving duty. Sec. 384. Test plan. Sec. 535. Sense of Congress regarding the hero- Sec. 616. Selective reenlistment bonus eligibility Sec. 385. Other methods of personal property ism, sacrifice, and service of the for Reserve members performing shipping. active Guard and Reserve duty. Sec. 386. Duration of demonstration program. military forces of South Vietnam Sec. 617. Removal of ten percent restriction on Sec. 387. Evaluation of demonstration program. and other nations in connection with the United States Armed selective reenlistment bonuses. TITLE IV—MILITARY PERSONNEL Forces during the Vietnam con- Sec. 618. Increase in maximum amount of Army AUTHORIZATIONS flict. enlistment bonus. Subtitle A—Active Forces Sec. 536. Sense of Congress regarding the hero- Sec. 619. Equitable treatment of Reserves eligi- Sec. 401. End strengths for active forces. ism, sacrifice, and service of ble for special pay for duty sub- Sec. 402. Revision in permanent end strength former South Vietnamese com- ject to hostile fire or imminent levels. mandos in connection with United danger. Sec. 403. Date for submission of annual man- States Armed Forces during the Subtitle C—Travel and Transportation power requirements report. Vietnam conflict. Allowances Sec. 404. Extension of authority for Chairman Subtitle E—Administration of Agencies Re- of the Joint Chiefs of Staff to des- Sec. 631. Exception to maximum weight allow- sponsible for Review and Correction of Mili- ance for baggage and household ignate up to 12 general and flag tary Records officer positions to be excluded effects. Sec. 541. Personnel freeze. from general and flag officer Sec. 632. Travel and transportation allowances Sec. 542. Professional staff. grade limitations. for travel performed by members Sec. 543. Ex parte communications. in connection with rest and recu- Subtitle B—Reserve Forces Sec. 544. Timeliness standards. perative leave from overseas sta- Sec. 411. End strengths for Selected Reserve. Subtitle F—Other Matters tions. Sec. 412. End strengths for Reserves on active Sec. 551. One-year extension of certain force Sec. 633. Storage of baggage of certain depend- duty in support of the Reserves. drawdown transition authorities ents. Sec. 413. End strengths for military technicians relating to personnel management (dual status). Subtitle D—Retired Pay, Survivor Benefits, Sec. 414. Increase in number of members in cer- and benefits. and Related Matters tain grades authorized to serve on Sec. 552. Leave without pay for academy cadets Sec. 641. Effective date of former spouse sur- active duty in support of the Re- and midshipmen. vivor benefit coverage. Sec. 553. Provision for recovery, care, and dis- serves. position of the remains of all Subtitle E—Other Matters Subtitle C—Authorization of Appropriations medically retired members. Sec. 651. Deletion of Canal Zone from definition Sec. 421. Authorization of appropriations for Sec. 554. Continued eligibility under Voluntary of United States possessions for military personnel. Separation Incentive program for purposes of pay and allowances. TITLE V—MILITARY PERSONNEL POLICY members who involuntarily lose Sec. 652. Accounting of advance payments. Subtitle A—Officer Personnel Policy membership in a reserve compo- Sec. 653. Reimbursement of rental vehicle costs nent. when motor vehicle transported at Sec. 501. Codification of eligibility of retired of- Sec. 555. Definition of financial institution for Government expense is late. ficers and former officers for con- direct deposit of pay. Sec. 654. Education loan repayment program sideration by special selection Sec. 556. Increase in maximum amount for Col- for certain health profession offi- boards. lege Fund program. cers serving in Selected Reserve. Sec. 502. Communication to promotion boards Sec. 557. Central Identification Laboratory, Ha- TITLE VII—HEALTH CARE PROVISIONS by officers under consideration. waii. Sec. 503. Procedures for separation of regular Sec. 558. Honor guard details at funerals of vet- Subtitle A—Health Care Services officers for substandard perform- erans. Sec. 701. Expansion of dependent eligibility ance of duty or certain other rea- Sec. 559. Applicability to all persons in chain of under retiree dental program. sons. command of policy requiring ex- Sec. 702. Plan for provision of health care for Sec. 504. Posthumous commissions and war- emplary conduct by commanding military retirees and their depend- rants. officers and others in authority in ents comparable to health care Sec. 505. Tenure of Chief of the Air Force Nurse the Armed Forces. provided under TRICARE Prime. Corps. Sec. 560. Report on prisoners transferred from Sec. 703. Plan for redesign of military phar- Subtitle B—Reserve Component Matters United States Disciplinary Bar- macy system. Sec. 511. Composition of selective early retire- racks, Fort Leavenworth, Kansas, Sec. 704. Transitional authority to provide con- ment boards of Reserve general to Federal Bureau of Prisons. tinued health care coverage for and flag officers of the Navy and Sec. 561. Report on process for selection of mem- certain persons unaware of loss of Marine Corps. bers for service on courts-martial. CHAMPUS eligibility. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3507 Subtitle B—TRICARE Program Subtitle D—Miscellaneous Report Sec. 2103. Improvements to military family Sec. 711. Payment of claims for provision of Requirements and Repeals housing units. health care under the TRICARE Sec. 1031. Annual report on resources allocated Sec. 2104. Authorization of appropriations, program for which a third party to support and mission activities. Army. Sec. 2105. Increase in fiscal year 1998 author- may be liable. Subtitle E—Other Matters Sec. 712. Procedures regarding enrollment in ization for military construction TRICARE Prime. Sec. 1041. Clarification of land conveyance au- projects at Fort Drum, New York, thority, Armed Forces Retirement and Fort Sill, Oklahoma. Subtitle C—Other Matters Home, District of Columbia. Sec. 721. Inflation adjustment of premium Sec. 1042. Content of notice required to be pro- TITLE XXII—NAVY amounts for dependents dental vided garnishees before garnish- Sec. 2201. Authorized Navy construction and program. ment of pay or benefits. land acquisition projects. Sec. 722. System for tracking data and measur- Sec. 1043. Training of special operations forces Sec. 2202. Family housing. ing performance in meeting with friendly foreign forces. Sec. 2203. Improvements to military family TRICARE access standards. TITLE XI—DEPARTMENT OF DEFENSE housing units. Sec. 723. Air Force research, development, CIVILIAN PERSONNEL Sec. 2204. Authorization of appropriations, training, and education on expo- Navy. Sec. 1101. Authority for release to Coast Guard sure to chemical, biological, and Sec. 2205. Authorization to accept road con- of drug test results of civil service radiological hazards. struction project, Marine Corps mariners of the Military Sealift Sec. 724. Authorization to establish a Level 1 Base, Camp Lejeune, North Caro- Command. Trauma Training Center. lina. Sec. 725. Report on implementation of enroll- Sec. 1102. Limitations on back pay awards. ment-based capitation for funding Sec. 1103. Restoration of annual leave accumu- TITLE XXIII—AIR FORCE for military medical treatment fa- lated by civilian employees at in- Sec. 2301. Authorized Air Force construction cilities. stallations in the Republic of and land acquisition projects. Panama to be closed pursuant to TITLE VIII—ACQUISITION POLICY, ACQUI- Sec. 2302. Family housing. the Panama Canal Treaty of 1977. SITION MANAGEMENT, AND RELATED Sec. 2303. Improvements to military family Sec. 1104. Repeal of program providing pref- MATTERS housing units. erence for employment of military Sec. 2304. Authorization of appropriations, Air Sec. 801. Limitation on procurement of ammuni- spouses in military child care fa- Force. tion and components. cilities. TITLE XXIV—DEFENSE AGENCIES Sec. 802. Acquisition Corps eligibility. Sec. 1105. Elimination of retained pay as basis Sec. 803. Amendments relating to procurement for determining locality-based ad- Sec. 2401. Authorized Defense Agencies con- from firms in industrial base for justments. struction and land acquisition production of small arms. Sec. 1106. Observance of certain holidays at projects. TITLE IX—DEPARTMENT OF DEFENSE duty posts outside the United Sec. 2402. Improvements to military family ORGANIZATION AND MANAGEMENT States. housing units. Sec. 2403. Energy conservation projects. Sec. 901. Further reductions in defense acquisi- TITLE XII—MATTERS RELATING TO OTHER Sec. 2404. Authorization of appropriations, De- tion workforce. NATIONS Sec. 902. Limitation on operation and support fense Agencies. funds for the Office of the Sec- Sec. 1201. Limitation on funds for peacekeeping Sec. 2405. Increase in fiscal year 1995 author- retary of Defense. in the Republic of Bosnia and ization for military construction Sec. 903. Revision to defense directive relating Herzegovina. projects at Pine Bluff Arsenal, to management headquarters and Sec. 1202. Reports on the mission of United Arkansas, and Umatilla Army headquarters support activities. States forces in Republic of Bos- Depot, Oregon. Sec. 904. Under Secretary of Defense for Policy nia and Herzegovina. Sec. 2406. Increase in fiscal year 1990 author- to have responsibility with respect Sec. 1203. Report on military capabilities of an ization for military construction to export control activities of the expanded NATO alliance. project at Portsmouth Naval Hos- Department of Defense. Sec. 1204. One-year extension of pital, Virginia. counterproliferation authorities Sec. 905. Independent task force on trans- TITLE XXV—NORTH ATLANTIC TREATY formation and Department of De- for support of United Nations Special Commission on Iraq. ORGANIZATION SECURITY INVESTMENT fense organization. PROGRAM Sec. 906. Improved accounting for defense con- Sec. 1205. Repeal of landmine moratorium. tract services. TITLE XIII—COOPERATIVE THREAT RE- Sec. 2501. Authorized NATO construction and Sec. 907. Repeal of requirement relating to as- DUCTION WITH STATES OF FORMER SO- land acquisition projects. signment of tactical airlift mission VIET UNION Sec. 2502. Authorization of appropriations, NATO. to reserve components. Sec. 1301. Specification of Cooperative Threat Sec. 908. Repeal of certain requirements relat- Reduction programs and funds. TITLE XXVI—GUARD AND RESERVE ing to Inspector General inves- Sec. 1302. Funding allocations. FORCES FACILITIES tigations of reprisal complaints. Sec. 1303. Prohibition on use of funds for speci- Sec. 2601. Authorized Guard and Reserve con- Sec. 909. Consultation with Commandant of the fied purposes. struction and land acquisition Marine Corps regarding Marine Sec. 1304. Limitation on use of funds for chemi- projects. Corps aviation. cal weapons destruction facility. Sec. 2602. Army Reserve construction project, TITLE X—GENERAL PROVISIONS Sec. 1305. Limitation on obligation of funds for Salt Lake City, Utah. Subtitle A—Financial Matters a specified period. TITLE XXVII—EXPIRATION AND Sec. 1001. Transfer authority. Sec. 1306. Requirement to submit breakdown of EXTENSION OF AUTHORIZATIONS amounts requested by project cat- Sec. 1002. Incorporation of classified annex. Sec. 2701. Expiration of authorizations and egory. Sec. 1003. Outlay limitations. amounts required to be specified Sec. 1307. Limitation on use of funds until com- Subtitle B—Naval Vessels and Shipyards by law. pletion of fiscal year 1998 require- Sec. 1011. Revision to requirement for continued ments. Sec. 2702. Extension of authorizations of cer- listing of two Iowa-class battle- Sec. 1308. Report on biological weapons pro- tain fiscal year 1996 projects. ships on the Naval Vessel Reg- grams in Russia. Sec. 2703. Extension of authorization of fiscal ister. Sec. 1309. Limitation on use of funds for bio- year 1995 project. Sec. 1012. Transfer of USS NEW JERSEY. logical weapons proliferation pre- Sec. 2704. Effective date. Sec. 1013. Long-term charter of three vessels in vention activities in Russia. TITLE XXVIII—GENERAL PROVISIONS support of submarine rescue, es- Sec. 1310. Limitation on use of certain funds for cort, and towing. Subtitle A—Military Construction Program strategic arms elimination in Rus- and Military Family Housing Changes Sec. 1014. Transfer of obsolete Army tugboat. sia or Ukraine. Sec. 2801. Definition of ancillary supporting fa- Sec. 1015. Long-term charter contracts for ac- Sec. 1311. Availability of funds. quisition of auxiliary vessels for cilities under the alternative au- the Department of Defense. DIVISION B—MILITARY CONSTRUCTION thority for acquisition and im- AUTHORIZATIONS Subtitle C—Matters Relating to Counter Drug provement of military housing. Activities Sec. 2001. Short title. Subtitle B—Real Property and Facilities Sec. 1021. Department of Defense support for TITLE XXI—ARMY Administration counter-drug activities. Sec. 2101. Authorized Army construction and Sec. 2811. Restoration of Department of Defense Sec. 1022. Support for counter-drug operation land acquisition projects. lands used by another Federal Caper Focus. Sec. 2102. Family housing. agency. H3508 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Sec. 2812. Outdoor recreation development on Sec. 3125. Authority for conceptual and con- SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES military installations for disabled struction design. DEFINED. veterans, military dependents Sec. 3126. Authority for emergency planning, For purposes of this Act, the term ‘‘congres- with disabilities, and other per- design, and construction activi- sional defense committees’’ means— sons with disabilities. ties. (1) the Committee on Armed Services and the Sec. 2813. Report on use of utility system con- Sec. 3127. Funds available for all national secu- Committee on Appropriations of the Senate; and veyance authority. rity programs of the Department (2) the Committee on National Security and the Committee on Appropriations of the House Subtitle C—Defense Base Closure and of Energy. of Representatives. Realignment Sec. 3128. Availability of funds. Sec. 3129. Transfers of defense environmental DIVISION A—DEPARTMENT OF DEFENSE Sec. 2821. Payment of stipulated penalties as- management funds. AUTHORIZATIONS sessed under the Comprehensive Environmental Response, Com- Subtitle C—Program Authorizations, TITLE I—PROCUREMENT pensation, and Liability Act of Restrictions, and Limitations Subtitle A—Authorization of Appropriations 1980 in connection with McClellan Sec. 3131. Prohibition on Federal loan guaran- SEC. 101. ARMY. Air Force Base, California. tees for defense environmental Funds are hereby authorized to be appro- Sec. 2822. Elimination of waiver authority re- management privatization priated for fiscal year 1999 for procurement for garding prohibition against cer- projects. the Army as follows: tain conveyances of property at Sec. 3132. Extension of funding prohibition re- (1) For aircraft, $1,420,759,000. Naval Station, Long Beach, Cali- lating to international cooperative (2) For missiles, $1,232,285,000. fornia. stockpile stewardship. (3) For weapons and tracked combat vehicles, Subtitle D—Land Conveyances Sec. 3133. Use of certain funds for missile de- $1,507,638,000. fense technology development. (4) For ammunition, $1,053,455,000. PART I—ARMY CONVEYANCES Sec. 3134. Selection of technology for tritium (5) For other procurement, $3,136,918,000. Sec. 2831. Land conveyance, Army Reserve Cen- production. SEC. 102. NAVY AND MARINE CORPS. ter, Massena, New York. Sec. 3135. Limitation on use of certain funds at (a) NAVY.—Funds are hereby authorized to be Sec. 2832. Land conveyance, Army Reserve Cen- Hanford Site. appropriated for fiscal year 1999 for procure- ter, Ogdensburg, New York. Subtitle D—Other Matters ment for the Navy as follows: Sec. 2833. Land conveyance, Army Reserve Cen- (1) For aircraft, $7,420,847,000. ter, Jamestown, Ohio. Sec. 3151. Termination of worker and commu- nity transition assistance. (2) For weapons, including missiles and tor- Sec. 2834. Land conveyance, Stewart Army Sub- pedoes, $1,192,195,000. Post, New Windsor, New York. Sec. 3152. Requirement for plan to modify em- ployment system used by Depart- (3) For shipbuilding and conversion, Sec. 2835. Land conveyance, Indiana Army Am- $5,992,361,000. munition Plant, Charlestown, In- ment of Energy in defense envi- ronmental management programs. (4) For other procurement, $3,969,507,000. diana. (b) MARINE CORPS.—Funds are hereby author- Sec. 2836. Land conveyance, Volunteer Army Sec. 3153. Report on stockpile stewardship cri- teria. ized to be appropriated for fiscal year 1999 for Ammunition Plant, Chattanooga, procurement for the Marine Corps in the Tennessee. TITLE XXXII—DEFENSE NUCLEAR amount of $691,868,000. Sec. 2837. Release of reversionary interest of FACILITIES SAFETY BOARD (c) NAVY AND MARINE CORPS AMMUNITION.— United States in former Redstone Sec. 3201. Authorization. Funds are hereby authorized to be appropriated Army Arsenal property conveyed TITLE XXXIII—NATIONAL DEFENSE for procurement of ammunition for the Navy to Alabama Space Science Exhibit STOCKPILE and the Marine Corps in the amount of Commission. Sec. 3301. Definitions. $451,968,000. PART II—NAVY CONVEYANCES Sec. 3302. Authorized uses of stockpile funds. SEC. 103. AIR FORCE. Sec. 2841. Easement, Marine Corps Base, Camp TITLE XXXIV—NAVAL PETROLEUM Funds are hereby authorized to be appro- Pendleton, California. RESERVES priated for fiscal year 1999 for procurement for Sec. 2842. Land conveyance, Naval Reserve the Air Force as follows: Sec. 3401. Definitions. Readiness Center, Portland, (1) For aircraft, $8,219,077,000. Sec. 3402. Authorization of appropriations. Maine. (2) For missiles, $2,234,668,000. Sec. 3403. Price requirement on sale of certain (3) For ammunition, $383,627,000. PART III—AIR FORCE CONVEYANCES petroleum during fiscal year 1999. (4) For other procurement, $7,046,372,000. Sec. 2851. Land conveyance, Lake Charles Air Sec. 3404. Disposal of Naval Petroleum Reserve SEC. 104. DEFENSE-WIDE ACTIVITIES. Force Station, Louisiana. Numbered 2. Funds are hereby authorized to be appro- Sec. 2852. Land conveyance, Air Force housing Sec. 3405. Disposal of Naval Petroleum Reserve priated for fiscal year 1999 for Defense-wide pro- facility, La Junta, Colorado. Numbered 3. curement in the amount of $1,962,866,000. Subtitle E—Other Matters Sec. 3406. Disposal of Oil Shale Reserve Num- bered 2. SEC. 105. RESERVE COMPONENTS. Sec. 2861. Repeal of prohibition on joint use of Sec. 3407. Administration. Funds are hereby authorized to be appro- Gray Army Airfield, Fort Hood, priated for fiscal year 1999 for procurement of Texas, with civil aviation. TITLE XXXV—PANAMA CANAL aircraft, vehicles, communications equipment, Sec. 2862. Designation of building containing COMMISSION and other equipment for the reserve components Navy and Marine Corps Reserve Sec. 3501. Short title; references to Panama of the Armed Forces as follows: Center, Augusta, Georgia. Canal Act of 1979. (1) For the Army National Guard, $50,000,000. Sec. 2863. Expansion of Arlington National Sec. 3502. Authorization of expenditures. (2) For the Air National Guard, $50,000,000. Cemetery. Sec. 3503. Purchase of vehicles. (3) For the Army Reserve, $50,000,000. Sec. 2864. Reporting requirements under dem- Sec. 3504. Expenditures only in accordance (4) For the Naval Reserve, $50,000,000. onstration project for purchase of with treaties. (5) For the Air Force Reserve, $50,000,000. fire, security, police, public works, Sec. 3505. Donations to the Commission. (6) For the Marine Corps Reserve, $50,000,000. and utility services from local Sec. 3506. Sunset of United States overseas ben- SEC. 106. DEFENSE INSPECTOR GENERAL. government agencies. efits just before transfer. Funds are hereby authorized to be appro- DIVISION C—DEPARTMENT OF ENERGY Sec. 3507. Central Examining Office. priated for fiscal year 1999 for procurement for NATIONAL SECURITY AUTHORIZATIONS Sec. 3508. Liability for vessel accidents. the Inspector General of the Department of De- AND OTHER AUTHORIZATIONS Sec. 3509. Panama Canal Board of Contract fense in the amount of $1,300,000. Appeals. TITLE XXXI—DEPARTMENT OF ENERGY SEC. 107. CHEMICAL DEMILITARIZATION PRO- Sec. 3510. Technical amendments. NATIONAL SECURITY PROGRAMS GRAM. TITLE XXXVI—MARITIME There is hereby authorized to be appropriated Subtitle A—National Security Programs ADMINISTRATION for fiscal year 1999 the amount of $834,000,000 Authorizations Sec. 3601. Authorization of appropriations for for— Sec. 3101. Weapons activities. fiscal year 1999. (1) the destruction of lethal chemical agents Sec. 3102. Defense environmental restoration Sec. 3602. Conveyance of NDRF vessel M/V BA- and munitions in accordance with section 1412 and waste management. YAMON. of the Department of Defense Authorization Sec. 3103. Other defense activities. Sec. 3603. Conveyance of NDRF vessels BEN- Act, 1986 (50 U.S.C. 1521); and Sec. 3104. Defense nuclear waste disposal. JAMIN ISHERWOOD and (2) the destruction of chemical warfare mate- Subtitle B—Recurring General Provisions HENRY ECKFORD. riel of the United States that is not covered by Sec. 3121. Reprogramming. Sec. 3604. Clearinghouse for maritime informa- section 1412 of such Act. Sec. 3122. Limits on general plant projects. tion. SEC. 108. DEFENSE HEALTH PROGRAMS. Sec. 3123. Limits on construction projects. Sec. 3605. Conveyance of NDRF vessel ex-USS Funds are hereby authorized to be appro- Sec. 3124. Fund transfer authority. LORAIN COUNTY. priated for fiscal year 1999 for the Department May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3509 of Defense for procurement for carrying out incineration program until the pilot program is (1) by redesignating subparagraphs (A), (B), health care programs, projects, and activities of completed. and (C) as clauses (i), (ii), and (iii), respectively; the Department of Defense in the total amount (e) DEFINITION.—In this section, the term ‘‘As- (2) by inserting ‘‘(A)’’ after ‘‘(2)’’; and of $402,387,000. sembled Chemical Weapons Assessment Pro- (3) by adding at the end the following new SEC. 109. DEFENSE EXPORT LOAN GUARANTEE gram’’ means the program established in section subparagraphs: PROGRAM. 152(e) of the National Defense Authorization ‘‘(B) For any grant awarded or contract, co- Funds are hereby authorized to be appro- Act for Fiscal Year 1996 (Public Law 104–106; operative agreement, or other transaction en- priated for fiscal year 1999 for the Department 110 Stat. 214; 50 U.S.C. 1521), and section 8065 of tered into on a basis other than a cost-sharing of Defense for carrying out the Defense Export the Department of Defense Appropriations Act, basis because of a determination made under Loan Guarantee Program under section 2540 of 1997 (as contained in section 101 of Public Law subparagraph (A), the transaction file for the title 10, United States Code, in the total amount 104–208; 110 Stat. 3009–101), for identifying and project concerned must document the rationale of $1,250,000. demonstrating alternatives to the baseline incin- for the determination. eration process for the demilitarization of assem- ‘‘(C) The Secretary of Defense may delegate Subtitle B—Army Programs bled chemical munitions. the authority to make determinations under SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY TITLE II—RESEARCH, DEVELOPMENT, subparagraph (A) only to the Under Secretary FOR LONGBOW HELLFIRE MISSILE of Defense for Acquisition and Technology or a PROGRAM. TEST, AND EVALUATION service acquisition executive, as appropriate.’’. Beginning with the fiscal year 1999 program Subtitle A—Authorization of Appropriations (c) COST SHARE GOAL.—Section 2525(d) of year, the Secretary of the Army may, in accord- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. such title is amended— ance with section 2306b of title 10, United States Funds are hereby authorized to be appro- (1) by striking out paragraph (4); and Code, enter into a multiyear procurement con- priated for fiscal year 1999 for the use of the De- (2) in paragraph (3)— tract for procurement of the AGM–114 Longbow partment of Defense for research, development, (A) by striking out ‘‘At least’’ and inserting in Hellfire missile. test, and evaluation as follows: lieu thereof ‘‘As a goal, at least’’; SEC. 112. M1A2 SYSTEM ENHANCEMENT PROGRAM (1) For the Army, $4,791,997,000. (B) by striking out ‘‘shall’’ and inserting in STEP 1 PROGRAM. (2) For the Navy, $8,377,059,000. lieu thereof ‘‘should’’; and Of the funds authorized to be appropriated for (3) For the Air Force, $13,785,401,000. (C) by adding at the end the following: ‘‘The the Army in section 101 for weapons and tracked (4) For Defense-wide activities, $9,283,515,000, Secretary of Defense, in coordination with the combat vehicles, $20,300,000 shall be available of which— Secretaries of the military departments and only for the Step 1 program for the M1A2 System (A) $251,106,000 is authorized for the activities upon recommendation of the Under Secretary of Enhancement Program. of the Director, Test and Evaluation; and Defense for Acquisition and Technology, shall Subtitle C—Navy Programs (B) $29,245,000 is authorized for the Director establish annual objectives to meet such goal.’’. of Operational Test and Evaluation. SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY (d) ADDITIONAL INFORMATION TO BE IN- FOR THE DEPARTMENT OF THE SEC. 202. AMOUNT FOR BASIC AND APPLIED RE- CLUDED IN FIVE-YEAR PLAN.—Section 2525(e)(1) NAVY. SEARCH. of such title is amended— (a) AUTHORITY FOR SPECIFIED NAVY AIRCRAFT (a) FISCAL YEAR 1999.—Of the amounts au- (1) by striking ‘‘and’’ at the end of subpara- PROGRAMS.—Beginning with the fiscal year 1999 thorized to be appropriated by section 201, graph (A); program year, the Secretary of the Navy may, in $3,078,251,000 shall be available for basic re- (2) by striking the period at the end of sub- accordance with section 2306b of title 10, United search and applied research projects. paragraph (B) and inserting ‘‘; and’’; and States Code, enter into a multiyear procurement (b) BASIC RESEARCH AND APPLIED RESEARCH (3) by inserting at the end the following new contract for procurement for the following pro- DEFINED.—For purposes of this section, the term subparagraph: grams: ‘‘basic research and applied research’’ means ‘‘(C) the extent of cost sharing in the manu- (1) The AV–8B aircraft program. work funded in program elements for defense re- facturing technology program by companies in (2) The T–45TS aircraft program. search and development under Department of the private sector, weapons system program of- (3) The E–2C aircraft program. Defense category 6.1 or 6.2. fices and other defense program offices, Federal (b) AUTHORITY FOR MARINE CORPS MEDIUM Subtitle B—Program Requirements, agencies other than the Department of Defense, TACTICAL VEHICLE REPLACEMENT.—Beginning Restrictions, and Limitations nonprofit institutions and universities, and other sources.’’. with the fiscal year 1999 program year, the Sec- SEC. 211. MANAGEMENT RESPONSIBILITY FOR retary of the Navy may, in accordance with sec- NAVY MINE COUNTERMEASURES Subtitle C—Ballistic Missile Defense tion 2306b of title 10, United States Code, enter PROGRAMS. SEC. 231. NATIONAL MISSILE DEFENSE POLICY. into a multiyear procurement contract to pro- Section 216(a) of the National Defense Au- (a) FINDINGS.—Congress makes the following cure the Marine Corps Medium Tactical Vehicle thorization Act for Fiscal Years 1992 and 1993 findings: Replacement. (Public Law 102–190; 105 Stat. 1317, as amended) (1) Threats posed by ballistic missiles and Subtitle D—Other Matters is amended by striking out ‘‘through 1999’’ and weapons of mass destruction to the national ter- inserting in lieu thereof ‘‘through 2003’’. SEC. 141. FUNDING, TRANSFER, AND MANAGE- ritory of the United States continue to grow as MENT OF THE ASSEMBLED CHEMI- SEC. 212. FUTURE AIRCRAFT CARRIER TRANSI- the trend in ballistic missile proliferation and CAL WEAPONS ASSESSMENT PRO- TION TECHNOLOGIES. development is toward longer range and increas- GRAM. Of the funds authorized to be appropriated ingly sophisticated missiles. (a) FUNDING.—Of the amount authorized to be under section 201(2) for Carrier System Develop- (2) Russian and Chinese sources continue to appropriated in section 107, $12,600,000 shall be ment (program element 0603512N), $50,000,000 proliferate missile and other advanced tech- available for the Assembled Chemical Weapons shall be available for research, development, nologies. Assessment Program (in this section referred to test, evaluation, and insertion into the CVN–77 (3) North Korea is developing the Taepo-Dong as the ‘‘Program’’). nuclear aircraft carrier program of technologies 2 missile, which would have a range sufficient (b) TRANSFER OF PROGRAM RESPONSIBILITY.— designed to transition to, demonstrate enhanced to strike Alaska and Hawaii, and other coun- (1) The Under Secretary of Defense for Acquisi- capabilities for, or mitigate cost and technical tries hostile to the United States, including tion and Technology and the Secretary of the risks of, the CV(X) aircraft carrier program. Iran, Libya, and Iraq, have demonstrated an in- Army shall jointly submit to Congress, not later SEC. 213. MANUFACTURING TECHNOLOGY PRO- terest in acquiring or developing ballistic mis- than December 1, 1998, a plan for the transfer of GRAM. siles capable of reaching the United States. oversight of the Program from the Under Sec- (a) REQUIREMENTS RELATING TO COMPETI- (4) Russia’s increased reliance on nuclear retary to the Secretary. TION.—Section 2525(d)(1) of title 10, United forces to compensate for the decline of its con- (2) Oversight of the Program shall be trans- States Code, is amended— ventional forces and uncertainty regarding com- ferred pursuant to the plan submitted under (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and mand and control of those nuclear forces in- paragraph (1) not later than 60 days after the (2) by adding at the end the following new crease the possibility of an accidental or unau- date of the submission of the notice required subparagraph: thorized launch of Russian ballistic missiles. under section 152(f)(2) of the National Defense ‘‘(B) For each grant awarded and each con- (5) The United States could be deterred from Authorization Act for Fiscal Year 1996 (Public tract, cooperative agreement, or other trans- effectively promoting or protecting its national Law 104–106; 110 Stat. 214; 50 U.S.C. 1521(f)(2)). action entered into on a cost-share basis under interests around the world if any State or terri- (c) PLAN FOR PILOT PROGRAM.—If the Sec- the program, the ratio of contract recipient cost tory of the United States is vulnerable to long- retary of Defense proceeds with a pilot program to Government cost shall be determined by com- range ballistic missiles deployed by nations hos- under section 152(f) of the National Defense Au- petitive procedures. For a project for which the tile to the United States. thorization Act for Fiscal Year 1996 (Public Law Government receives an offer from only one of- (b) SENSE OF CONGRESS CONCERNING NATIONAL 104–106; 110 Stat. 214; 50 U.S.C. 1521(f)), the Sec- feror, the contracting officer shall negotiate the MISSILE DEFENSE POLICY.—It is the sense of retary shall prepare a plan for the pilot program ratio of contract recipient cost to Government Congress that— and shall submit to Congress a report on such cost that represents the best value to the Gov- (1) any national missile defense system de- plan (including information on the cost of, and ernment.’’. ployed by the United States must provide effec- schedule for, implementing the pilot program). (b) REQUIREMENTS RELATING TO COST SHARE tive defense against limited, accidental, or un- (d) MANAGEMENT OF PROGRAM.—The Program WAIVERS.—Section 2525(d)(2) of such title is authorized ballistic missile attack for all 50 shall be managed independently of the baseline amended— States; and H3510 CONGRESSIONAL RECORD — HOUSE May 20, 1998 (2) the territories of the United States should specified in subsection (a) shall include requests $150,000,000 is authorized to be transferred from be afforded effective protection against ballistic for the amounts necessary for the management the National Defense Stockpile Transaction missile attack. and support of the programs, projects, and ac- Fund to operation and maintenance accounts SEC. 232. LIMITATION ON FUNDING FOR THE ME- tivities contained in that program element.’’. for fiscal year 1999 in amounts as follows: DIUM EXTENDED AIR DEFENSE SYS- (2) The table of sections at the beginning of (1) For the Army, $50,000,000. TEM. such chapter is amended by inserting after the (2) For the Navy, $50,000,000. None of the funds appropriated for fiscal year item relating to section 222 the following new (3) For the Air Force, $50,000,000. 1999 for the Ballistic Missile Defense Organiza- item: (b) TREATMENT OF TRANSFERS.—Amounts tion may be obligated for the Medium Extended ‘‘223. Ballistic missile defense programs.’’. transferred under this section— (1) shall be merged with, and be available for Air Defense System (MEADS) until the Sec- (b) REPEAL OF SUPERSEDED PROVISION.—Sec- the same purposes and the same period as, the retary of Defense certifies to Congress that the tion 251 of the National Defense Authorization amounts in the accounts to which transferred; future-years defense plan includes sufficient Act for Fiscal Year 1996 (Public Law 104–106; 10 and programmed funding for that system to complete U.S.C. 221 note) is repealed. the design and development phase. If the Sec- (2) may not be expended for an item that has TITLE III—OPERATION AND retary does not submit such a certification by been denied authorization of appropriations by MAINTENANCE January 1, 1999, then (effective as of that date) Congress. the funds appropriated for fiscal year 1999 for Subtitle A—Authorization of Appropriations (c) RELATIONSHIP TO OTHER TRANSFER AU- the Ballistic Missile Defense Organization that SEC. 301. OPERATION AND MAINTENANCE FUND- THORITY.—The transfer authority provided in are allocated for the MEADS program shall be ING. this section is in addition to the transfer author- available to support modification of the Patriot Funds are hereby authorized to be appro- ity provided in section 1001. Advanced Capability–3, Configuration 3, so as priated for fiscal year 1999 for the use of the SEC. 305. REFURBISHMENT OF M1–A1 TANKS. to support the requirement for mobile theater Armed Forces and other activities and agencies Of the amount authorized to be appropriated missile defense to be met by the MEADS system. of the Department of Defense for expenses, not pursuant to section 301(1) for operation and SEC. 233. LIMITATION ON FUNDING FOR COOPER- otherwise provided for, for operation and main- maintenance for the Army, $31,000,000 shall be ATIVE BALLISTIC MISSILE DEFENSE tenance, in amounts as follows: available only for the refurbishment of up to 70 PROGRAMS. (1) For the Army, $16,339,700,000. M1–A1 tanks under the AIM-XXI program. Of the funds appropriated for fiscal year 1999 (2) For the Navy, $21,839,328,000. (3) For the Marine Corps, $2,539,703,000. SEC. 306. OPERATION OF PREPOSITIONED FLEET, for the Russian-American Observational Sat- NATIONAL TRAINING CENTER, FORT (4) For the Air Force, $18,816,108,000. ellite (RAMOS) program, $5,000,000 may not be IRWIN, CALIFORNIA. (5) For Defense-wide activities, $10,354,216,000. obligated until the Secretary of Defense certifies (6) For the Army Reserve, $1,197,622,000. Of the amount authorized to be appropriated to Congress that the Department of Defense has (7) For the Naval Reserve, $948,639,000. pursuant to section 301(1) for operation and received detailed information concerning the na- (8) For the Marine Corps Reserve, maintenance for the Army, $60,200,000 shall be ture, extent, and military implications of the $116,993,000. available only to pay costs associated with the transfer of ballistic missile technology from Rus- (9) For the Air Force Reserve, $1,747,696,000. operation of the prepositioned fleet of equipment sian sources to Iran. (10) For the Army National Guard, during training rotations at the National Train- SEC. 234. LIMITATION ON FUNDING FOR $2,464,815,000. ing Center, Fort Irwin, California. COUNTERPROLIFERATION SUPPORT. (11) For the Air National Guard, SEC. 307. RELOCATION OF USS WISCONSIN. None of the funds appropriated for fiscal year $3,096,933,000. Of the amount authorized to be appropriated 1999 for counterproliferation support in Program (12) For the Defense Inspector General, pursuant to section 301(2) for operation and Element 63160BR may be obligated until the Sec- $130,764,000. maintenance for the Navy, $6,000,000 may be retary of Defense submits to Congress the report (13) For the United States Court of Appeals available for the purpose of relocating the USS required by section 234 of the National Defense for the Armed Forces, $7,324,000. WISCONSIN, which is currently in a reserve Authorization Act for Fiscal Year 1998 (Public (14) For Environmental Restoration, Army, status at the Norfolk Naval Shipyard, Virginia, Law 105–85; 111 Stat. 1664; 50 U.S.C. 2367) to be $377,640,000. to a suitable location in order to increase avail- submitted not later than January 30, 1998. (15) For Environmental Restoration, Navy, able berthing space at the shipyard. $281,600,000. SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM SEC. 308. FISHER HOUSE TRUST FUNDS. ELEMENTS. (16) For Environmental Restoration, Air Force, $379,100,000. Funds are hereby authorized to be appro- (a) BMD PROGRAM ELEMENTS.—(1) Chapter 9 (17) For Environmental Restoration, Defense- priated for fiscal year 1999, out of funds in Fish- of title 10, United States Code, is amended by in- wide, $26,091,000. er House Trust Funds not otherwise appro- serting after section 222 the following new sec- (18) For Environmental Restoration, Formerly priated, for the operation of Fisher houses de- tion: Used Defense Sites, $195,000,000. scribed in section 2221(d) of title 10, United ‘‘§ 223. Ballistic missile defense programs (19) For Overseas Humanitarian, Disaster, States Code, as follows: ‘‘(a) PROGRAM ELEMENTS SPECIFIED.—In the and Civic Aid programs, $47,311,000. (1) From the Fisher House Trust Fund, De- budget justification materials submitted to Con- (20) For Drug Interdiction and Counter-drug partment of the Army, $250,000 for Fisher houses gress in support of the Department of Defense Activities, Defense-wide, $727,582,000. that are located in proximity to medical treat- budget for any fiscal year (as submitted with (21) For the Kaho’olawe Island Conveyance, ment facilities of the Army. the budget of the President under section Remediation, and Environmental Restoration (2) From the Fisher House Trust Fund, De- 1105(a) of title 31), the amount requested for ac- Trust Fund, $15,000,000. partment of the Navy, $150,000 for Fisher houses tivities of the Ballistic Missile Defense Organi- (22) For Defense Health Program, that are located in proximity to medical treat- zation shall be set forth in accordance with the $9,663,035,000. ment facilities of the Navy. following program elements: (23) Former Soviet Union Threat Reduction (3) From the Fisher House Trust Fund, De- ‘‘(1) The Patriot system. programs, $417,400,000. partment of the Air Force, $150,000 for Fisher ‘‘(2) The Navy Area system. (24) For Overseas Contingency Operations houses that are located in proximity to medical ‘‘(3) The Theater High-Altitude Area Defense Transfer Fund, $746,900,000. treatment facilities of the Air Force. system. SEC. 302. WORKING CAPITAL FUNDS. Subtitle B—Information Technology Issues ‘‘(4) The Navy Theater Wide system. Funds are hereby authorized to be appro- SEC. 311. ADDITIONAL INFORMATION TECH- ‘‘(5) The Medium Extended Air Defense Sys- priated for fiscal year 1999 for the use of the NOLOGY RESPONSIBILITIES OF tem. Armed Forces and other activities and agencies CHIEF INFORMATION OFFICERS. ‘‘(6) Joint Theater Missile Defense. of the Department of Defense for providing cap- (a) IN GENERAL.—(1) Chapter 131 of title 10, ‘‘(7) National Missile Defense. ital for working capital and revolving funds in United States Code, is amended by adding at the ‘‘(8) Support Technologies. amounts as follows: end the following new section: ‘‘(9) Family of Systems Engineering and Inte- (1) For the Defense Working Capital Funds, ‘‘§ 2223. Information technology: additional gration. $1,076,571,000. ‘‘(10) Ballistic Missile Defense Technical Op- (2) For the National Defense Sealift Fund, responsibilities of Chief Information Offi- erations. $669,566,000. cers ‘‘(11) Threat and Countermeasures. SEC. 303. ARMED FORCES RETIREMENT HOME. ‘‘(b) ADDITIONAL RESPONSIBILITIES.—In addi- ‘‘(12) International Cooperative Programs. There is hereby authorized to be appropriated tion to the responsibilities provided for in chap- ‘‘(b) TREATMENT OF MAJOR DEFENSE ACQUISI- for fiscal year 1999 from the Armed Forces Re- ter 35 of title 44 and in section 5125 of the TION PROGRAMS.—Amounts requested for Thea- tirement Home Trust Fund the sum of Clinger-Cohen Act of 1996 (40 U.S.C. 1425)— ter Missile Defense and National Missile De- $70,745,000 for the operation of the Armed ‘‘(1) the Chief Information Officer of the De- fense major defense acquisition programs shall Forces Retirement Home, including the United partment of Defense, with respect to the ele- be specified in individual, dedicated program States Soldiers’ and Airmen’s Home and the ments of the Department of Defense other than elements, and amounts appropriated for those Naval Home. the military departments, shall— programs shall be available only for Ballistic SEC. 304. TRANSFER FROM NATIONAL DEFENSE ‘‘(A) review and provide recommendations to Missile Defense activities. STOCKPILE TRANSACTION FUND. the Secretary of Defense on Department of De- ‘‘(c) MANAGEMENT AND SUPPORT.—The (a) TRANSFER AUTHORITY.—To the extent pro- fense budget requests for information tech- amount requested for each program element vided in appropriations Acts, not more than nology and national security systems; May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3511 ‘‘(B) ensure the interoperability of informa- technology and national security programs de- for which the renovation phase of year 2000 tion technology and national security systems scribed in such subsection, unless an alternative conversion is not completed by December 30, throughout the Department of Defense; and use of the funds is specifically approved by a 1998. ‘‘(C) ensure that information technology and law enacted after the date of the enactment of (2) A evaluation of the effect of subsection (a) national security systems standards that will the law originally authorizing the funds. on the year 2000 conversion success rate. apply throughout the Department of Defense (b) COVERED PROGRAMS AND AMOUNTS.—The (3) A list of each information technology and are prescribed; and information technology and national security national security system covered by subsection ‘‘(2) the Chief Information Officer of each programs referred to in subsection (a), and the (a)(1) that will not achieve year 2000 compliance military department, with respect to the military amounts to be available for each program, are by September 30, 1999. department concerned, shall— the following: (4) An explanation of how the military depart- ‘‘(A) review budget requests for all informa- (1) The Force XXI program of the Army, ments, the Joint Chiefs of Staff, and Defense tion technology and national security systems; $360,000,000. Agencies are applying the definition of mission ‘‘(B) ensure that information technology and (2) The Information Technology for the 21st critical. national security systems are in compliance with Century programs of the Navy, $472,000,000. (5) Recommendations regarding the manner in standards of the Government and the Depart- (3) The Communications Infrastructure pro- which funding could best be allocated to achieve ment of Defense; grams of the Air Force, $228,500,000. year 2000 compliance for the greatest number of ‘‘(C) ensure that information technology and (4) The Telecom and Computing Infrastruc- information technology and national security national security systems are interoperable with ture programs of the Marine Corps, $93,000,000. systems covered by subsection (a)(1). other relevant information technology and na- (c) DEFINITIONS.—In this section: (e) DEFINITIONS.—In this section: tional security systems of the Government and (1) The term ‘‘information technology’’ has (1) The term ‘‘information technology’’ has the Department of Defense; the meaning given that term in section 5002 of the meaning given that term in section 5002 of ‘‘(D) provide for the elimination of duplicate the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). information technology and national security (2) The term ‘‘national security system’’ has (2) The term ‘‘national security system’’ has systems within and between the military depart- the meaning given that term in section 5142 of the meaning given that term in section 5142 of ments and Defense Agencies; and the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(E) coordinate with the Joint Staff with re- SEC. 314. PRIORITY FUNDING TO ENSURE YEAR (3) The term ‘‘mission critical’’ means an in- spect to information technology and national se- 2000 COMPLIANCE OF MISSION CRIT- formation technology or national security sys- curity systems. ICAL INFORMATION TECHNOLOGY tem of the Department of Defense identified as AND NATIONAL SECURITY SYSTEMS. ‘‘(b) DEFINITIONS.—In this section: mission critical in the table prepared by the ‘‘(1) The term ‘Chief Information Officer’ (a) FUNDS FOR COMPLETION OF YEAR 2000 Joint Chiefs of Staff entitled ‘‘Mission Critical means the senior official designated by the Sec- CONVERSION.—(1) Of the amounts authorized to Systems (All Services/Agencies)’’, dated March retary of Defense or a Secretary of a military be appropriated pursuant to this Act for infor- 20, 1998, or in the table printed by the Defense department pursuant to section 3506 of title 44. mation technology and national security sys- Integrated Support Tool entitled ‘‘Year 2000 In- ‘‘(2) The term ‘information technology’ has tems of the Department of Defense designated as formation on Mission Critical Systems’’, dated the meaning given that term by section 5002 of mission critical, not more than 25 percent may March 19, 1998. the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). be used to fund activities unrelated to ensuring (4) The terms ‘‘awareness’’, ‘‘assessment’’, ‘‘(3) The term ‘national security system’ has that the awareness, assessment, and renovation ‘‘renovation’’, and ‘‘validation’’ have the mean- the meaning given that term by section 5142 of phases of year 2000 conversion for such informa- ings given the terms in the Department of De- the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).’’. tion technology and national security systems fense ‘‘Year 2000 Management Plan’’, version (2) The table of sections at the beginning of are completed. 1.0, released in April 1997. such chapter is amended by adding at the end (2) Of the amounts authorized to be appro- SEC. 315. EVALUATION OF YEAR 2000 COMPLI- the following new item: priated pursuant to this Act for information ANCE AS PART OF TRAINING EXER- technology and national security systems of the CISES PROGRAMS. ‘‘2223. Information technology: additional re- Department of Defense (other than information (a) REPORT ON EVALUATION PLAN.—Not later sponsibilities of Chief Information technology and national security systems cov- than December 15, 1998, the Secretary of Defense Officers.’’. ered by paragraph (1)), not less than shall submit to Congress a report containing a (b) EFFECTIVE DATE.—Section 2223 of title 10, $1,000,000,000 shall be available only for transfer plan to include a simulated year 2000 as part of United States Code, as added by subsection (a), to support activities to ensure that the aware- the military exercises described in subsection (b) shall take effect on October 1, 1998. ness, assessment, renovation, and validation in order to evaluate, in an operational environ- SEC. 312. DEFENSE-WIDE ELECTRONIC MALL SYS- phases of year 2000 conversion for information ment, the extent to which information tech- TEM FOR SUPPLY PURCHASES. technology and national security systems cov- nology and national security systems involved (a) ELECTRONIC MALL SYSTEM.—In this sec- ered by paragraph (1) are completed. in the exercises will successfully operate, includ- tion, the term ‘‘electronic mall system’’ means (b) EXCEPTIONS.—(1) This section does not ing the ability of the systems to access and an electronic system for displaying, ordering, apply to or affect funding for information tech- transmit information from point of origin to and purchasing supplies and materiel available nology and national security programs identi- point of termination, during the actual year from sources within the Department of Defense fied in section 313(b). 2000. and from the private sector. (2) The Secretary of Defense may authorize (b) COVERED MILITARY EXERCISES.—A mili- (b) DEVELOPMENT AND MANAGEMENT.—Using expenditures in excess of the 25 percent limita- tary exercise referred to in subsection (a) is a existing systems and technology available in the tion specified in subsection (a)(1) if the Sec- military exercise conducted by the Department Department of Defense, the Defense Logistics retary determines that additional expenditures of Defense, during the period beginning on Jan- Agency shall develop a single, defense-wide elec- are required to prevent the failure of the infor- uary 1, 1999, and ending on September 30, 1999— tronic mall system. The Defense Logistics Agen- mation technology or national security system (1) under the training exercises program cy shall be responsible for the management of and provides prior notice to Congress of the rea- known as the ‘‘CJCS Exercise Program’’; the resulting electronic mall system. The Sec- sons for the additional expenditures. (2) at the Naval Strike and Air Warfare Cen- retary of each military department and the head (c) TERMINATION.—(1) On the date on which ter, the Army National Training Center, or the of each Defense Agency shall provide to the De- the Secretary of Defense determines that the Air Force Air Warfare Center; or fense Logistics Agency the necessary and re- year 2000 renovation phase has been completed (3) as part of Naval Carrier Group fleet train- quested data to support the development and for a particular information technology or na- ing or Marine Corps Expeditionary Unit train- operation of the electronic mall system. tional security system covered by paragraph (1) ing. (c) IMPLEMENTATION DATE.—The electronic of subsection (a), such paragraph shall cease to (c) ELEMENTS OF REPORT.—The report under mall system shall be operational and available apply to that information technology or na- subsection (a) shall include the following: throughout the Department of Defense not later tional security system. (1) A list of all military exercises described in than June 1, 1999. After that date, a military de- (2) Paragraph (2) of such subsection shall subsection (b) to be conducted during the period partment or Defense Agency (other than the De- cease to apply on the date on which the Sec- specified in such subsection. fense Logistics Agency) may not develop or op- retary of Defense determines that all of the in- (2) A description of the manner in which the erate an electronic mall system. formation technology and national security sys- year 2000 will be simulated for information tech- SEC. 313. PROTECTION OF FUNDING PROVIDED tems covered by paragraph (1) of such sub- nology and national security systems involved FOR CERTAIN INFORMATION TECH- section are fully funded through the validation in each military exercise. NOLOGY AND NATIONAL SECURITY phase of year 2000 conversion, have an estab- (3) The duration of the year 2000 simulation in PROGRAMS. lished contingency plan, and have completed a each military exercise. (a) USE FOR SPECIFIED PURPOSES.—Of the point of origin to point of execution evaluation. (4) The methodology to be used in turning amounts authorized to be appropriated to the (d) COMPTROLLER GENERAL REVIEW.—Not over the information technology and national Department of Defense for fiscal years 1999, later than January 30, 1999, the Comptroller security systems to the year 2000 in order to best 2000, and 2001 for information technology and General shall submit to Congress a briefing con- identify those systems that fail to operate reli- national security programs of the Department of taining the following: ably during the military exercise. Defense, not less than the amount specified in (1) Separate lists of each information tech- (5) A list of the information technology and subsection (b) shall be available for each such nology and national security system of the De- national security systems excluded from the fiscal year for the purposes of the information partment of Defense covered by subsection (a)(1) plan under subsection (d)(1), including how the H3512 CONGRESSIONAL RECORD — HOUSE May 20, 1998

military exercise will utilize an excluded sys- (e) LIMITATION.—The authorization provided ‘‘(iii) the costs and expenditures which the tem’s year 2000 contingency plan. in this section shall not be construed as setting Government would incur (in addition to the (6) A list of the exercises and information a precedent for payment under a treaty of an amount of the contract) because of the award of technology and national security systems ex- environmental claim made by another nation, such a contract. cluded from the plan under subsection (d)(2), unless the Senate has given its consent to the ‘‘(B) An examination of the potential eco- and a description of the effect that continued ratification of the treaty. nomic effect of performance of the function by a year 2000 noncompliance of the systems would SEC. 322. REMOVAL OF UNDERGROUND STORAGE private contractor— have on military readiness. TANKS. ‘‘(i) on employees who would be affected by (d) EXCLUSIONS.—(1) Subsection (a) shall not Of the amount authorized to be appropriated such a change in performance; and apply to an information technology or national pursuant to section 301(18) (relating to environ- ‘‘(ii) on the local community and the Govern- security system if the Secretary of Defense de- mental restoration of formerly used defense ment, if more than 75 employees perform the termines that the system will be incapable of sites), the Secretary of the Army may use not function. performing reliably during the year 2000 simula- more than $150,000 for the removal of under- ‘‘(C) An examination of the effect of perform- tion portion of the military exercise. In the case ground storage tanks at the Authorities Allied ance of the function by a private contractor on of each excluded system, the system may not be Industrial Park, Macon, Georgia. the military mission of the function. ‘‘(4) If the commercial or industrial type func- used during the period of the year 2000 simula- Subtitle D—Defense Infrastructure Support tion at issue involves a working-capital fund in tion. Instead, the excluded system shall be re- Improvement placed by the year 2000 contingency plan for the the Department of Defense and the study con- SEC. 331. REPORTING AND STUDY REQUIRE- system. cerns the possible procurement by a requisition- MENTS BEFORE CHANGE OF COM- ing agency of services or supplies from a private (2) If the mission of a military exercise will be MERCIAL AND INDUSTRIAL TYPE seriously hampered by the number of informa- FUNCTIONS TO CONTRACTOR PER- contractor instead of the working-capital fund, tion technology and national security systems FORMANCE. in lieu of the comparison required by paragraph covered by paragraph (1), the Secretary of De- (a) IN GENERAL.—Section 2461 of title 10, (3), the study shall include a comparison of the fense may exclude the entire exercise from the United States Code, is amended— sources of the services or supplies to determine requirements of subsection (a). (1) by redesignating subsection (c) as sub- which source is more cost-effective for the req- (3) Subsection (a) shall not apply to an infor- section (h) and transferring such subsection to uisitioning agency. mation technology or national security system appear after subsection (g); and ‘‘(5) An individual or entity at a facility with cryptological applications. (2) by striking out subsections (a) and (b) and where a commercial or industrial type function (4) If the decision to exclude a military exer- inserting in lieu thereof the following new sub- is studied for possible change in performance cise or information technology or national secu- sections: may raise an objection to the study on the rity system is made under paragraph (1) or (2) ‘‘(a) REPORTING AND STUDY REQUIREMENTS AS grounds that the report required under para- after the date of the submission of the report re- PRECONDITION TO CHANGE IN PERFORMANCE.—A graph (1) as a precondition for the study does quired by subsection (a), the Secretary of De- commercial or industrial type function of the not contain the certification required by sub- fense shall notify Congress of the exclusion not Department of Defense that, as of October 1, paragraph (E) of such paragraph. The objection later than two weeks before commencing the 1980, was being performed by Department of De- may be raised at any time during the course of military exercise. The notification shall include fense civilian employees may not be changed to the study, shall be in writing, and shall be sub- the information required under paragraph (5) or performance by a private contractor or changed mitted to the Secretary of Defense. If the Sec- (6) of subsection (c), depending on whether the to procurement through a private contractor retary determines that the certification was exclusion covers the entire exercise or particular until the Secretary of Defense fully complies omitted, the commercial or industrial type func- information technology and national security with the reporting and study requirements spec- tion covered by the study may not be the subject systems. ified in subsections (b) and (c). of request for proposal or award of a contract (e) COMPTROLLER GENERAL REVIEW.—Not ‘‘(b) NOTIFICATION AND ELEMENTS OF until a certification is made that fully complies later than January 30, 1999, the Comptroller STUDY.—(1) Before commencing to study a com- with paragraph (1)(E) and the other require- General shall review the report and plan submit- mercial or industrial type function described in ments of this section are satisfied. ted under subsection (a) and submit to Congress subsection (a) for possible change to perform- ‘‘(c) NOTIFICATION OF DECISION.—(1) If, as a a briefing evaluating the methodology to be used ance by a private contractor or possible change result of the completion of a study under sub- under the plan to simulate the year 2000, de- to procurement through a private contractor, section (b)(3), a decision is made to change the scribing the potential information that will be the Secretary of Defense shall submit to Con- commercial or industrial type function that was collected as a result of implementation of the gress a report containing the following: the subject of the study to performance by a pri- plan, and describing the impact that the plan ‘‘(A) The function to be studied for possible vate contractor or to procurement through a pri- will have on military readiness. change. vate contractor, the Secretary of Defense shall (f) DEFINITIONS.—In this section: ‘‘(B) The location at which the function is submit to Congress a report describing that deci- (1) The term ‘‘information technology’’ has performed by Department of Defense civilian sion. The report shall— the meaning given that term in section 5002 of employees. ‘‘(A) indicate that the study under subsection the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). ‘‘(C) The number of civilian employee posi- (b)(3) has been completed; ‘‘(B) certify that the Government calculation (2) The term ‘‘national security system’’ has tions potentially affected. ‘‘(D) The anticipated length and cost of the for the cost of performance of the function by the meaning given that term in section 5142 of study. Department of Defense civilian employees is the Clinger-Cohen Act of 1996 (40 U.S.C. 1452). ‘‘(E) A certification that the performance of based on an estimate of the most efficient and Subtitle C—Environmental Provisions the commercial or industrial type function by ci- cost effective organization for performance of SEC. 321. AUTHORIZATION TO PAY NEGOTIATED vilian employees of the Department of Defense is the function by Department of Defense civilian SETTLEMENT FOR ENVIRONMENTAL not precluded due to any constraint or limita- employees; CLEANUP AT FORMER DEPARTMENT tion in terms of man years, end strengths, full- ‘‘(C) certify that the comparison required by OF DEFENSE SITES IN CANADA. time equivalent positions, or maximum number subsection (b)(3)(A) (or alternatively by sub- (a) AUTHORIZATION.—To the extent provided of employees. section (b)(4)) as part of the study demonstrates in appropriations Acts, the Secretary of Defense ‘‘(2) The responsibility of the Secretary of De- that the performance of the function by a pri- may pay an amount to the Government of Can- fense to submit the report required under para- vate contractor or procurement of the function ada of not more than $100,000,000 (in fiscal year graph (1) may be delegated only to senior acqui- through a private contractor will result in sav- 1996 constant dollars), for purposes of imple- sition executives or higher officials for the mili- ings to the Government over the life of the con- menting the October 1996 negotiated settlement tary departments and the Defense Agencies. tract; between the United States and Canada relating ‘‘(3) The study of a commercial or industrial ‘‘(D) certify that the entire comparison is to environmental cleanup at various sites in type function for possible change in perform- available for examination; and Canada that were formerly used by the Depart- ance shall include the following: ‘‘(E) contain a timetable for completing ment of Defense. ‘‘(A) A comparison of the cost of performance change of the function to contractor perform- (b) METHOD OF PAYMENT.—The amount au- of the function by Department of Defense civil- ance. thorized by subsection (a) shall be paid in 10 an- ian employees and by private contractor to dem- ‘‘(2) The actual change of the function to con- nual payments, with the first payment made onstrate whether change to performance by a tractor performance may not begin until after from amounts appropriated for fiscal year 1998. private contractor or change to procurement the submission of the report required by this (c) FISCAL YEAR 1998 PAYMENT.—The payment through a private contractor will result in sav- subsection.’’. under this section for fiscal year 1998 shall be ings to the Government over the life of the con- (b) CONFORMING AMENDMENTS.—(1) Sub- made from amounts appropriated pursuant to tract, including in the comparison— sections (e)(2) and (f)(1) of such section are section 301(5) of the National Defense Author- ‘‘(i) the amount estimated by the Secretary of amended by striking out ‘‘converted’’ and in- ization Act for Fiscal Year 1998 (Public Law Defense (based on bids received) to be the serting in lieu thereof ‘‘changed’’. 105–85; 111 Stat. 1669). amount of a contract for performance of the (2) Subsection (f)(2) of such section is amend- (d) FISCAL YEAR 1999 PAYMENT.—The pay- function by a private contractor; ed by striking out ‘‘conversion’’ and inserting in ment under this section for fiscal year 1999 shall ‘‘(ii) the cost to the Government of Depart- lieu thereof ‘‘change’’. be made from amounts appropriated pursuant to ment of Defense civilian employees performing (c) EFFECTIVE DATE.—The amendments made section 301(5). the function; and by this section shall take effect on the date of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3513 the enactment of this Act but shall not apply and provide services, or manage and perform re- (2) The C–17 aircraft achieved initial oper- with respect to conversion of a function of the search, on behalf of the Department of Defense ational capability in January 1995 and will com- Department of Defense to performance by a pri- on a frequent, regular basis, for users within the plete the significant fourth year of its oper- vate contractor concerning which the Secretary Department on request. The term includes con- ational capability in January 1999. of Defense provided to Congress, before the date tracts commonly referred to as prime vendor (3) As provided in section 2464(a)(3) of title 10, of the enactment of this Act, a notification support contracts, flexible sustainment con- United States Code, the C–17 aircraft is a weap- under paragraph (1) of section 2461(a) of title tracts, and direct vendor delivery contracts. on system that is ‘‘necessary to enable the 10, United States Code, as in effect on the day (b) CONDITIONS ON EXPANDED USE.—If the armed forces to fulfill the strategic and contin- before the date of the enactment of this Act. Secretary of Defense or the Secretary of a mili- gency plans prepared by the Chairman of the SEC. 332. CLARIFICATION OF REQUIREMENT TO tary department proposes to enter into a prime Joint Chiefs of Staff’’. MAINTAIN GOVERNMENT-OWNED vendor contract for a hardware system, includ- (4) The depot-level maintenance and repair of AND GOVERNMENT-OPERATED CORE ing the performance or management of depot- such a weapon system must be performed at LOGISTICS CAPABILITY. level maintenance and repair (as defined in sec- Government-owned, Government-operated facili- Section 2464 of title 10, United States Code, is tion 2460 of title 10, United States Code) or logis- ties of the Department of Defense in order to amended by adding at the end the following tics management responsibilities, the Secretary maintain the core logistics capabilities of the new subsection: may not enter into the prime vendor contract Department of Defense, as required under such ‘‘(c) RULE OF CONSTRUCTION.—The require- until the end of the 60-day period beginning on section 2464. ment under subsection (a) that the Department the date on which the Secretary submits to Con- (5) The sole-source contract entered into in of Defense maintain a core logistics capability gress a report, specific to that proposal, that— January 1998 regarding the depot-level mainte- that is Government-owned and Government-op- (1) describes the competitive procedures to be nance and repair of C–17 aircraft and related erated is not satisfied when a core logistics used to award the prime vendor contract; tasks, known as the Interim Contract for the C– workload is converted to contractor performance (2) evaluates the effect of the prime vendor 17 Flexible Sustainment Program, does not meet even though the actual performance of the contract on working-capital funds in the De- the requirements of law. workload will be carried out in a Government- partment of Defense; and (b) PLAN REQUIRED.—Not later than March 1, owned, Government-operated facility of the De- (3) contains a cost/benefit analysis that dem- 1999, the Secretary of the Air Force shall submit partment of Defense as a subcontractor of the onstrates that use of the prime vendor contract to Congress a plan for the establishment of the private contractor. Nothing in section 2474 of will result in savings to the Government over the core logistics capabilities for the C–17 aircraft this title or section 337 of the National Defense life of the contract. consistent with the requirements of section 2464 (c) COMPTROLLER GENERAL REVIEW.—During Authorization Act for Fiscal Year 1995 (Public of title 10, United States Code. the waiting period provided in subsection (b) for Law 103–337; 108 Stat. 2717) authorizes the use (c) EFFECT ON EXISTING CONTRACT.—After a proposed prime vendor contract, the Comptrol- of subcontracts as a means to provide workloads March 1, 1999, the Secretary of the Air Force ler General shall review the report submitted to Government-owned, Government-operated fa- may not extend the Interim Contract for the C– under subsection (b) with respect to that con- cilities of the Department of Defense in order to 17 Flexible Sustainment Program until after the tract and submit to Congress a report regard- satisfy paragraph (4) of subsection (a).’’. end of the 60-day period beginning on the date SEC. 333. OVERSIGHT OF DEVELOPMENT AND IM- ing— (1) whether the cost savings to the Govern- the plan required by subsection (b) is received PLEMENTATION OF AUTOMATED by Congress. IDENTIFICATION TECHNOLOGY. ment identified in the report submitted under (d) COMPTROLLER GENERAL REVIEW.—During (a) SMARTCARD PROGRAM DEFINED.—In this subsection (b) are achievable; and (2) whether use of a prime vendor contract the period specified in subsection (c), the Comp- section, the term ‘‘smartcard program’’ means troller General shall review the plan required an automated identification technology pro- will comply with the requirements of chapter 146 of title 10, United States Code, applicable to under subsection (b) and submit to Congress a gram, including any pilot program, employing report evaluating the merits of the plan. one or more of the following technologies: depot-level maintenance and repair. (1) Magnetic stripe. (d) RELATIONSHIP TO OTHER LAWS.—Nothing SEC. 338. CONTRACTOR-OPERATED CIVIL ENGI- (2) Bar codes, both linear and two-dimen- in this section shall be construed to exempt a NEERING SUPPLY STORES PRO- GRAM. sional (including matrix symbologies). prime vendor contract from the requirements of (a) DEFINITIONS.—In this section: (3) Smartcard. section 2461 of title 10, United States Code, or (4) Optical memory. any other provision of chapter 146 of such title. (1) The term ‘‘contractor-operated civil engi- (5) Personal computer memory card inter- SEC. 335. CLARIFICATION OF DEFINITION OF neering supply store’’ means a Government- national association carriers. DEPOT-LEVEL MAINTENANCE AND owned facility that, as of the date of the enact- (6) Other established or emerging automated REPAIR. ment of this Act, is operated by a contractor identification technologies, including biometrics Section 2460(a) of title 10, United States Code, under the contractor-operated civil engineering and radio frequency identification. is amended by inserting before the period at the supply store (COCESS) program of the Depart- (b) OVERSIGHT RESPONSIBILITY.—(1) The end of the first sentence the following: ‘‘or the ment of the Air Force for the purpose of— Smartcard Technology Office established in the location at which the maintenance or repair is (A) maintaining inventories of civil engineer- Defense Human Resources Field Activity of the performed’’. ing supplies on behalf of a military department; Department of Defense shall be responsible for— SEC. 336. CLARIFICATION OF COMMERCIAL ITEM and (A) overseeing the development and implemen- EXCEPTION TO REQUIREMENTS RE- (B) furnishing such supplies to the depart- tation of all smartcard programs in the Depart- GARDING CORE LOGISTICS CAPA- ment as needed. BILITIES. ment; and (2) The term ‘‘civil engineering supplies’’ Section 2464(a)(5) of title 10, United States (B) coordinating smartcard programs with the means parts and supplies needed for the repair Code, is amended— and maintenance of military installations. Joint Staff, the Secretaries of the military de- (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; (b) FINDINGS.—Congress finds the following: partments, and the directors of the Defense (2) by adding at the end of subparagraph (A), (1) In 1970, the Strategic Air Command of the Agencies. as so designated, the following: ‘‘The determina- Air Force began to use contractor-operated civil (2) After the date of the enactment of this Act, tion of whether a modification is minor shall be engineering supply stores to improve the effi- funds appropriated for the Department of De- based on a comparison of only the critical sys- ciency and effectiveness of materials manage- fense may not be obligated for a smartcard pro- tems of the version sold in the commercial mar- ment and relieve the Air Force from having to gram unless the program is reviewed and ap- ketplace and the version purchased by the Gov- maintain large inventories of civil engineering proved by the Smartcard Technology Office. The ernment, and a modification may not be consid- supplies. review and approval before that date of a ered to be minor unless at least 90 percent of the (2) Contractor-operated civil engineering sup- smartcard program by the Office is sufficient to total content by component value remains iden- ply stores are designed to support the civil engi- satisfy the requirements of this paragraph. tical.’’; and neering and public works efforts of the Armed (c) TYPES OF OVERSIGHT.—As part of its over- (3) by adding at the end the following new Forces through the provision of quality civil en- sight responsibilities, the Smartcard Technology subparagraph: Office shall establish standards designed— ‘‘(B) In this paragraph, the term ‘substantial gineering supplies at competitive prices and (1) to ensure the compatibility and interoper- quantities’ means, with respect to determining within a reasonable period of time. ability of smartcard programs in the Department whether an item is a commercial item, that pur- (3) Through the use of a contractor-operated of Defense; and chases and leases of the item to the general pub- civil engineering supply store, a guaranteed in- (2) to identify and terminate redundant, lic constitute the majority of all transactions in- ventory level of civil engineering supplies is unfeasible, or uneconomical smartcard pro- volving the item at the time the exception under maintained at a military installation, which en- grams. paragraph (3) is proposed to be exercised.’’. sures that urgently needed civil engineering supplies are available on site. SEC. 334. CONDITIONS ON EXPANSION OF FUNC- SEC. 337. DEVELOPMENT OF PLAN FOR ESTAB- TIONS PERFORMED UNDER PRIME LISHMENT OF CORE LOGISTICS CA- (4) The contractor operating the contractor- VENDOR CONTRACTS. PABILITIES FOR MAINTENANCE AND operated civil engineering supply store is an (a) PRIME VENDOR CONTRACT DEFINED.—For REPAIR OF C–17 AIRCRAFT. independent business organization whose cus- purposes of this section, the term ‘‘prime vendor (a) FINDINGS.—Congress finds the following: tomer is a military department and the Armed contract’’ means an innovative contract that (1) The C–17 aircraft, which is replacing the Forces and who is subject to all the rules of pri- gives a defense contractor the responsibility to C–141 aircraft, will serve as the cornerstone of vate business and the regulations of the Govern- manage, store, and distribute inventory, manage heavy airlift capability of the Armed Forces. ment. H3514 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(5) The use of contractor-operated civil engi- ‘‘(d) SPECIAL RULE FOR DEFENSE COMMISSARY ‘‘1063. Use of commissary stores: members of neering supply stores ensures the best price and AGENCY.—Notwithstanding the results of the Ready Reserve with at least 50 best buy for the Government. periodic review required under subsection (c) creditable points. (6) Ninety-five percent of the cost savings re- with regard to the Defense Commissary Agency, ‘‘1063a. Use of commissary stores and MWR re- alized through the use of contractor-operated the Secretary of Defense may not transfer to the tail facilities: members of National civil engineering supply stores is due to savings Secretary of a military department the respon- Guard serving in federally de- in the cost of actually procuring supplies. sibility to manage and fund the provision of clared disaster. (7) In the past 30 years, private contractors services and supplies provided by the Defense ‘‘1064. Use of commissary stores: persons quali- have never lost a cost comparison conducted Commissary Agency unless the transfer of the fied for retired pay under chapter pursuant to the criteria set forth in Office of management and funding responsibility is spe- 1223 but under age 60.’’. Management and Budget Circular A–76 for the cifically authorized by a law enacted after the SEC. 343. REPEAL OF REQUIREMENT FOR AIR provision of civil engineering supplies to the date of the enactment of the National Defense FORCE TO SELL TOBACCO PROD- Government. Authorization Act for Fiscal Year 1999.’’. UCTS TO ENLISTED PERSONNEL. (c) CONDITIONS ON MULTI-FUNCTION CON- SEC. 342. EXPANSION OF CURRENT ELIGIBILITY (a) REPEAL.—Section 9623 of title 10, United TRACTS.—A civil engineering supplies function OF RESERVES FOR COMMISSARY States Code, is repealed. that is performed, as of the date of the enact- BENEFITS. (b) CLERICAL AMENDMENT.—The table of sec- ment of this Act, by a contractor-operated civil (a) DAYS OF ELIGIBILITY FOR READY RESERVE tions at the beginning of chapter 939 of such engineering supply store may not be combined MEMBERS WITH 50 CREDITABLE POINTS.—Section title is amended by striking out the item relating with another supply function or any service 1063 of title 10, United States Code, is amend- to section 9623. function, including any base operating support ed— SEC. 344. RESTRICTIONS ON PATRON ACCESS TO, function, for purposes of competition or con- (1) by striking out subsection (b); and AND PURCHASES IN, OVERSEAS COM- tracting, until— (2) in subsection (a)— MISSARIES AND EXCHANGE STORES. (1) the Secretary of Defense submits to Con- (A) by striking out ‘‘(1)’’; (a) AUTHORITY TO IMPOSE RESTRICTIONS; LIM- gress a report— (B) by striking out ‘‘12 days of eligibility’’ and ITATIONS ON AUTHORITY.—Chapter 147 of title (A) notifying Congress of the proposed com- inserting in lieu thereof ‘‘24 days of eligibility’’; 10, United States Code, is amended by adding at bined competition or contract; and and the end the following new section: (C) by striking out ‘‘(2) Paragraph (1)’’ and (B) explaining why a combined competition or ‘‘§ 2491. Overseas commissary and exchange inserting in lieu thereof ‘‘(b) EFFECT OF COM- contract is the best method by which to achieve stores: access and purchase restrictions PENSATION OR TYPE OF DUTY.—Subsection (a)’’. cost savings and efficiencies to the Government; (b) DAYS OF ELIGIBILITY FOR RESERVE RETIR- ‘‘(a) GENERAL AUTHORITY.—The Secretary of and EES UNDER AGE 60.—Section 1064 of such title is Defense may establish restrictions on the ability (2) the Comptroller General reviews the report amended by striking out ‘‘for 12 days each cal- of eligible patrons of commissary and exchange and submits to Congress a briefing regarding endar year’’ and inserting in lieu thereof ‘‘for 24 stores located outside of the United States to whether the cost savings and efficiencies identi- days each calendar year’’. purchase certain merchandise items (or the fied in the report are achievable. (c) ELIGIBILITY OF MEMBERS OF NATIONAL quantity of certain merchandise items) other- (d) RELATIONSHIP TO OTHER LAWS.—If a civil GUARD SERVING IN FEDERALLY DECLARED DISAS- wise included within an authorized merchandise engineering supplies function covered by sub- TER.—Chapter 54 of such title is amended by in- category if the Secretary determines that such section (c) is proposed for combination with a serting after section 1063 the following new sec- restrictions are necessary to prevent the resale supply or service function that is subject to the tion: of such merchandise in violation of host nation study and reporting requirements of section 2461 ‘‘§ 1063a. Use of commissary stores and MWR laws or treaty obligations of the United States. of title 10, United States Code, the Secretary of In establishing a quantity or other restriction, Defense may include the report required under retail facilities: members of National Guard serving in federally declared disaster the Secretary shall ensure that the restriction is subsection (c) as part of the report under such consistent with the purpose of the overseas com- ‘‘(a) ELIGIBILITY OF MEMBERS.—A member of section. missary and exchange system to provide reason- the National Guard who, although not in Fed- SEC. 339. REPORT ON SAVINGS AND EFFECT OF able access for eligible patrons to purchase mer- eral service, is called or ordered to duty in re- PERSONNEL REDUCTIONS IN ARMY chandise items made in the United States. MATERIEL COMMAND. sponse to a federally declared disaster shall be ‘‘(b) CONTROLLED ITEM LISTS.—For each loca- permitted to use commissary stores and MWR re- (a) REPORT REQUIRED.—Not later than March tion outside the United States that is served by tail facilities during the period of such duty on 31, 1999, the Comptroller General shall submit to the commissary system or the exchange system, the same basis as members of the armed forces the congressional defense committees a report the Secretary of Defense may maintain a list of on active duty. concerning— controlled merchandise items, except that, after ‘‘(b) ELIGIBILITY OF DEPENDENTS.—A depend- (1) the effect that the proposed personnel re- the date of the enactment of the National De- ent of a member of the National Guard who is ductions in the Army Materiel Command will fense Authorization Act for Fiscal Year 1999, permitted under subsection (a) to use com- have on workload and readiness if implemented; the Secretary may not change the list to add a missary stores and MWR retail facilities shall be and merchandise item unless, before making the permitted to use such stores and facilities, dur- (2) the likelihood that the cost savings pro- change, the Secretary submits to Congress a no- ing the same period as the member, on the same jected to occur from such reductions will actu- tice of the proposed addition and the reasons for basis as dependents of members of the armed ally be achieved. the addition of the item. forces on active duty. (b) DELAY IN IMPLEMENTATION OF REDUCTIONS ‘‘(c) SPECIAL RULES FOR KOREA.—(1) The Sec- PENDING REPORT.—During the period specified ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) FEDERALLY DECLARED DISASTER.—The retary of Defense may not prohibit a dependent in subsection (c), the Secretary of Defense and who resides in Korea, is at least 21 years of age, the Secretary of the Army may not commence term ‘federally declared disaster’ means a disas- ter or other situation for which a Presidential and is otherwise eligible to use the commissary personnel reductions based on the guidelines and exchange system, from purchasing alcoholic contained in the May 1997 report of the Quad- declaration of major disaster is issued under sec- tion 401 of the Robert T. Stafford Disaster Relief beverages through the commissary and exchange rennial Defense Review (including the National system. Quantity restrictions on the purchase of Defense Panel) prepared pursuant to subtitle B and Emergency Assistance Act (42 U.S.C. 5170). ‘‘(2) MWR RETAIL FACILITIES.—The term alcoholic beverages may be imposed, and any of title IX of the National Defense Authoriza- ‘MWR retail facilities’ means exchange stores such restriction may be enforced through the tion Act for Fiscal Year 1997 (Public Law 104- and other revenue-generating facilities operated use of an issued ration control device, but a de- 201; 10 U.S.C. 111 note) at any Army Material by nonappropriated fund activities of the De- pendent may not be required to sign for any Command facility that provides depot-level partment of Defense for the morale, welfare, purchase. A quantity restriction on malt bev- maintenance and repair or at any Army Arse- and recreation of members of the armed forces.’’. erages may not restrict purchases to fewer than nal. (d) SECTION HEADINGS.—(1) The heading of eight cases, of 24-units per case, per month. (c) DURATION OF DELAY.—Subsection (b) ap- section 1063 of such title is amended to read as Daily or weekly restrictions on malt beverage plies only during the period beginning on the follows: purchases may not be imposed. The purchase of date of the enactment of this Act and ending on malt beverages may be recorded on a ration con- ‘‘§ 1063. Use of commissary stores: members of the earlier of the following: trol device, but eligible patrons may not be re- Ready Reserve with at least 50 creditable (1) March 31, 1999. quired to sign for any purchase. points’’. (2) The date on which the report required by ‘‘(2) A dependent residing in Korea who is at subsection (a) is submitted. (2) The heading of section 1064 of such title is least 18 years of age and otherwise eligible to Subtitle E—Commissaries and amended to read as follows: use the commissary and exchange system may Nonappropriated Fund Instrumentalities ‘‘§ 1064. Use of commissary stores: persons purchase tobacco products on the same basis as qualified for retired pay under chapter 1223 SEC. 341. CONTINUATION OF MANAGEMENT AND other eligible patrons of the commissary and ex- FUNDING OF DEFENSE COMMISSARY but under age 60’’. change system. AGENCY THROUGH THE OFFICE OF (e) CLERICAL AMENDMENT.—The table of sec- ‘‘(3) Eligible patrons of the commissary and THE SECRETARY OF DEFENSE. tions at the beginning of chapter 54 of such title exchange system who are traveling through a Section 192 of title 10, United States Code, is is amended by striking out the items relating to military air terminal in Korea shall be author- amended by adding at the end the following sections 1063 and 1064 and inserting in lieu ized to the purchase sundry items, including to- new subsection: thereof the following items: bacco products, on a temporary basis during the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3515 normal operating hours of commissary and ex- cial survey firm to conduct a survey of eligible SEC. 362. SPECIFIC EMPHASIS OF PROGRAM TO change stores operated in connection with the patrons of the commissary store system to deter- INVESTIGATE FRAUD, WASTE, AND terminal. mine patron interest in having commissary ABUSE WITHIN DEPARTMENT OF DE- ‘‘(4) In applying restrictions to dependents of stores sell malt beverages and wine as exchange FENSE. members of the armed forces, the Secretary of store merchandise. Section 392 of the National Defense Author- Defense may not differentiate between a de- (2) The survey shall be conducted at not less ization Act for Fiscal Year 1998 (Public Law pendent whose movement to Korea was author- than three military installations in the United 105–85; 10 U.S.C. 113 note) is amended by insert- ized at the expense of the United States under States of each of the Armed Forces (other than ing before the period the following: ‘‘and any section 406 of title 37 and other dependents re- the Coast Guard). fraud, waste, and abuse occurring in connection siding in Korea. (3) The survey shall be completed, and the re- with overpayments made to vendors by the De- ‘‘(d) REPORTING REQUIREMENTS.—The Sec- sults submitted to the Secretary of Defense, not partment of Defense, including overpayments retary of Defense shall submit to Congress an later than November 30, 1998. identified under section 354 of the National De- fense Authorization Act for Fiscal Year 1996 annual report describing the host nation laws (b) DEMONSTRATION PROJECT.—(1) After con- and the treaty obligations of the United States, sideration of the survey results, the Secretary of (Public Law 104–106; 10 U.S.C. 2461 note)’’. and the conditions within host nations, that ne- Defense may conduct a demonstration project at SEC. 363. REVISION OF INSPECTION REQUIRE- cessitate the use of quantity or other restrictions seven military installations in the United States MENTS RELATING TO ARMED on purchases in commissary and exchange (two Army installations, two Air Force installa- FORCES RETIREMENT HOME. stores located outside the United States.’’. tions, two Navy installations, and one Marine Section 1518 of the Armed Forces Retirement (b) CLERICAL AMENDMENT.—The table of sec- Corps installation) to evaluate the merit of sell- Home Act of 1991 (24 U.S.C. 418) is amended to tions at the beginning of such chapter is amend- ing malt beverages and wine in commissary read as follows: ed by adding at the end the following new item: stores as exchange store merchandise. Under the ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. ‘‘2491. Overseas commissary and exchange demonstration project, the Secretary may sell ‘‘(a) PERIODIC INSPECTION.—The Inspector stores: access and purchase re- malt beverages and wine in commissary stores as Generals of the military departments shall con- strictions.’’. exchange store merchandise notwithstanding duct, at three-year intervals, an inspection of SEC. 345. EXTENSION OF DEMONSTRATION the general requirement that merchandise sold the Retirement Home and the records of the Re- PROJECT FOR UNIFORM FUNDING in, at, or by commissary stores be commissary tirement Home. Each inspection under this sub- OF MORALE, WELFARE, AND RECRE- store inventory. section shall be performed by a single Inspector ATION ACTIVITIES. (2) The demonstration project may only be Section 335 of the National Defense Author- General on an alternating basis. conducted in States where it is legal to sell malt ization Act for Fiscal Year 1996 (Public Law ‘‘(b) REPORT.—The Inspector General of a beverages and wine in grocery stores. 104–106; 10 U.S.C. 2241 note) is amended— military department who performs an inspection (1) in subsection (c), by striking out ‘‘not later (3) Not later than February 1, 1999, the Sec- of the Retirement Home under subsection (a) than September 30, 1998’’ and inserting in lieu retary of Defense shall determine whether to shall submit to the Retirement Home Board, the thereof ‘‘on September 30, 1999’’; and conduct the demonstration project. Any such Secretary of Defense, and Congress a report de- (2) in subsection (e)(2), by striking out ‘‘a demonstration project shall be completed not scribing the results of the inspection and con- final report on the results’’ and inserting in lieu later than September 30, 2000. taining such recommendations as the Inspector thereof ‘‘an additional report on the progress’’. (c) REPORT.—(1) If the Secretary of Defense General considers appropriate.’’. SEC. 346. PROHIBITION ON CONSOLIDATION OR conducts a demonstration project under sub- SEC. 364. ASSISTANCE TO LOCAL EDUCATIONAL OTHER ORGANIZATIONAL CHANGES section (b), the Secretary shall submit to Con- AGENCIES THAT BENEFIT DEPEND- OF DEPARTMENT OF DEFENSE RE- gress a report describing the results of the dem- ENTS OF MEMBERS OF THE ARMED TAIL SYSTEMS. onstration project. The report shall include a FORCES AND DEPARTMENT OF DE- (a) DEFENSE RETAIL SYSTEMS DEFINED.—For description of patron views, the impact on com- FENSE CIVILIAN EMPLOYEES. purposes of this section, the term ‘‘defense retail missary sales, the impact on exchange sales, and (a) CONTINUATION OF DEPARTMENT OF DE- systems’’ means the defense commissary system the impact, if any, on dividends for morale, wel- FENSE PROGRAM FOR FISCAL YEAR 1999.—Of the and exchange stores and other revenue-generat- fare, and recreation activities. amount authorized to be appropriated pursuant ing facilities operated by nonappropriated fund (2) The report shall be submitted not later to section 301(5) for operation and maintenance activities of the Department of Defense for the than March 1, 2000. for Defense-wide activities— morale, welfare, and recreation of members of (d) LIMITATION.—Nothing in this section shall (1) $30,000,000 shall be available only for the the Armed Forces. be construed to authorize the sale of malt bev- purpose of providing educational agencies as- (b) PROHIBITION.—The operation and adminis- erages and wine in commissary stores as com- sistance (as defined in subsection (d)(1)) to local tration of the defense retail systems may not be missary store inventory. educational agencies; and consolidated or otherwise changed, and a study Subtitle F—Other Matters (2) $5,000,000 shall be available only for the or review may not be commenced regarding the purpose of making educational agencies pay- need for or merits of such a consolidation or SEC. 361. ELIGIBILITY REQUIREMENTS FOR AT- ments (as defined in subsection (d)(2)) to local change, unless the consolidation, change, study, TENDANCE AT DEPARTMENT OF DE- educational agencies. or review is specifically authorized by a law en- FENSE DOMESTIC DEPENDENT ELE- MENTARY AND SECONDARY (b) NOTIFICATION.—Not later than June 30, acted after the date of the enactment of this SCHOOLS. 1999, the Secretary of Defense shall— Act. (a) DEPENDENTS OF MEMBERS RESIDING IN (1) notify each local educational agency that (c) EFFECT ON EXISTING STUDY.—Nothing in CERTAIN AREAS.—Subsection (a) of section 2164 is eligible for educational agencies assistance for this section shall be construed to prohibit the of title 10, United States Code, is amended— fiscal year 1999 of that agency’s eligibility for study of defense retail systems, known as the (1) by inserting ‘‘(1)’’ before ‘‘If’’; such assistance and the amount of such assist- ‘‘Joint Exchange Due Diligence Study’’, which (2) by designating the second sentence as ance for which that agency is eligible; and is underway on the date of the enactment of paragraph (2); and (2) notify each local educational agency that this Act pursuant to a contract awarded by the (3) by adding at the end of paragraph (2) (as is eligible for an educational agencies payment Department of the Navy on April 21, 1998, except so designated) the following new sentence: ‘‘If a for fiscal year 1999 of that agency’s eligibility that any recommendation contained in the com- member of the armed forces is assigned to a re- for such payment and the amount of the pay- pleted study regarding the operation or adminis- mote location or is assigned to an unaccom- ment for which that agency is eligible. tration of the defense retail systems may not be panied tour of duty, a dependent of the member (c) DISBURSEMENT OF FUNDS.—The Secretary implemented unless implementation of the rec- who resides, on or off a military installation, in of Defense shall disburse funds made available ommendation is specifically authorized by a law a territory, commonwealth, or possession of the under paragraphs (1) and (2) of subsection (a) enacted after the date of the enactment of this United States, as authorized by the member’s or- not later than 30 days after the date on which Act. ders, may be enrolled in an educational program notification to the eligible local educational SEC. 347. AUTHORIZED USE OF APPROPRIATED provided by the Secretary under this sub- agencies is provided pursuant to subsection (b). FUNDS FOR RELOCATION OF NAVY (d) DEFINITIONS.—In this section: EXCHANGE SERVICE COMMAND. section.’’. The Navy Exchange Service Command is not (b) WAIVER OF FIVE-YEAR ATTENDANCE LIMI- (1) The term ‘‘educational agencies assist- required to reimburse the United States for ap- TATION.—Subsection (c)(2) of such section is ance’’ means assistance authorized under sec- propriated funds allotted to the Navy Exchange amended by striking out subparagraph (B) and tion 386(b) of the National Defense Authoriza- Service Command during fiscal years 1994, 1995, inserting in lieu thereof the following new sub- tion Act for Fiscal Year 1993 (Public Law 102– and 1996 to cover costs incurred by the Navy Ex- paragraph: 484; 20 U.S.C. 7703 note). change Service Command to relocate to Virginia ‘‘(B) At the discretion of the Secretary, a de- (2) The term ‘‘educational agencies payments’’ Beach, Virginia, and to lease headquarters pendent referred to in subparagraph (A) may be means payments authorized under section 386(d) space in Virginia Beach. enrolled in the program for more than five con- of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. SEC. 348. EVALUATION OF MERIT OF SELLING secutive school years if the dependent is other- MALT BEVERAGES AND WINE IN wise qualified for enrollment, space is available 7703 note). COMMISSARY STORES AS EXCHANGE in the program, and the Secretary will be reim- (3) The term ‘‘local educational agency’’ has SYSTEM MERCHANDISE. bursed for the services provided. Any such ex- the meaning given that term in section 8013(9) of (a) PATRON SURVEY.—(1) The Secretary of De- tension shall cover only one school year at a the Elementary and Secondary Education Act of fense shall enter into a contract with a commer- time.’’. 1965 (20 U.S.C. 7713(9)). H3516 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 365. STRATEGIC PLAN FOR EXPANSION OF ‘‘(1) that the readiness reporting system is ap- title 10, United States Code, as added by sub- DISTANCE LEARNING INITIATIVES. plied uniformly throughout the Department of section (a), so as to ensure that the capabilities (a) DEVELOPMENT OF PLAN.—The Secretary of Defense; required by subsection (c) of that section are at- Defense shall develop a strategic plan for guid- ‘‘(2) that information in the readiness report- tained not later than July 1, 1999. ing and expanding distance learning initiatives ing system is continually updated, with any (c) IMPLEMENTATION PLAN.—Not later than in the Department of Defense. The strategic change in the overall readiness status of a unit, March 1, 1999, the Secretary of Defense shall plan shall cover the five-year period beginning of an element of the training establishment, or submit to Congress a report setting forth the on October 1, 1999. an element of defense infrastructure that is re- Secretary’s plan for implementation of section (b) ELEMENTS OF PLAN.—The strategic plan quired to be reported as part of the readiness re- 117 of title 10, United States Code, as added by required by this section shall contain at a mini- porting system shall be reported within 24 hours subsection (a). mum the following elements: of the event necessitating the change in readi- (d) REPEAL OF QUARTERLY READINESS REPORT (1) Measurable goals and objectives, including ness status; and REQUIREMENT.—Effective July 1, 1999, or the outcome-related performance indicators, for de- ‘‘(3) that sufficient resources are provided to date on which the first report of the Secretary veloping distance learning initiatives in the De- establish and maintain the system so as to allow of Defense is submitted under section 117(d) of partment that would be consistent with the reporting of changes in readiness status as re- title 10, United States Code, as added by sub- principles of the Government Performance and quired by this section. section (a), whichever is later— Results Act of 1993 (section 306 of title 5 and sec- ‘‘(c) CAPABILITIES.—The readiness reporting (1) section 482 of title 10, United States Code, tions 1115 through 1119, 9703, and 9704 of title system shall have the capability to do the fol- is repealed; and 31). lowing: (2) the table of sections at the beginning of (2) A description of the manner in which dis- ‘‘(1) Measure the capability of units (both as chapter 23 of such title is amended by striking tance learning initiatives will be developed and elements of their respective armed force and as out the item relating to that section. managed in the Department. elements of joint forces) to conduct their as- (3) An estimate of the costs and benefits asso- SEC. 368. TRAVEL BY RESERVISTS ON CARRIERS signed wartime missions. UNDER CONTRACT WITH GENERAL ciated with developing and maintaining an in- ‘‘(2) Measure the capability of training estab- SERVICES ADMINISTRATION. frastructure in the Department to support dis- lishments to provide trained and ready forces (a) RESERVE USE OF FEDERAL SUPPLY TRANS- tance learning initiatives and a statement of for wartime missions. PORTATION.—Chapter 1217 of title 10, United planned expenditures for investments necessary ‘‘(3) Measure the capability of defense instal- States Code, is amended by adding at the end to build and maintain the infrastructure. lations and facilities and other elements of De- the following new section: (4) A description of mechanisms that will be partment of Defense infrastructure, both in the used to oversee the development and coordina- ‘‘§ 12603. Travel: use of carriers under con- United States and abroad, to provide appro- tion of distance learning initiatives in the De- tract with General Services Administration priate support to forces in the conduct of their partment. ‘‘A member of a reserve component who re- wartime missions. (c) CONSIDERATION OF CURRENT EFFORT.—In quires transportation in order to perform inac- developing the strategic plan required by this ‘‘(4) Measure critical warfighting deficiencies tive duty training may use a carrier under con- section, the Secretary of Defense may recognize in unit capability, training establishments, and tract with the General Services Administration the collaborative distance learning effort of the defense infrastructure. to provide the transportation. The transpor- Department of Defense and other Federal agen- ‘‘(5) Measure the level of current risk based tation shall be provided by the carrier in the cies and private industry (known as the Ad- upon the readiness reporting system relative to same manner as transportation is provided to vanced Distribution Learning initiative), but the the capability of forces to carry out their war- members of the armed forces and civilian em- strategic plan shall be specific to the goals and time missions. ployees who are traveling at Government ex- objectives of the Department. ‘‘(6) Measure such other factors relating to pense, except that the Reserve is responsible for readiness as the Secretary prescribes. (d) SUBMISSION OF PLAN.—Not later than the cost of the travel at the contract rate. The March 1, 1999, the Secretary of Defense shall ‘‘(d) PERIODIC JOINT READINESS REVIEW.—The Secretary concerned may require the Reserve to submit to Congress the completed strategic plan Chairman of the Joint Chiefs of Staff shall peri- use a Government approved travel card to en- required by this section. odically, and not less frequently than monthly, sure that the transportation is procured for the conduct a joint readiness review. The Chairman SEC. 366. PUBLIC AVAILABILITY OF OPERATING purpose of performing inactive duty training.’’. shall incorporate into each such review the cur- AGREEMENTS BETWEEN MILITARY (b) CLERICAL AMENDMENT.—The table of sec- INSTALLATIONS AND FINANCIAL IN- rent information derived from the readiness re- tions for such chapter is amended by adding at STITUTIONS. porting system and shall assess the capability of the end the following new item: With respect to an agreement between the the armed forces to execute their wartime mis- ‘‘12603. Travel: use of carriers under contract commander of a military installation in the sions based upon their posture at the time of the with General Services Administra- United States (or the designee of an installation review. The Chairman shall submit to the Sec- tion.’’. commander) and a financial institution that retary of Defense the results of each review, in- permits, allows, or otherwise authorizes the pro- cluding the deficiencies in readiness identified Subtitle G—Demonstration of Commercial- vision of financial services by the financial in- during that review. Type Practices To Improve Quality of Per- stitution on the military installation, nothing in ‘‘(e) SUBMISSION TO CONGRESSIONAL COMMIT- sonal Property Shipments the terms or nature of such an agreement shall TEES.—The Secretary shall each month submit SEC. 381. DEMONSTRATION PROGRAM REQUIRED. be construed to exempt the agreement from the to the Committee on Armed Services and the (a) IN GENERAL.—The Secretary of Defense provisions of sections 552 and 552a of title 5, Committee on Appropriations of the Senate and shall conduct a demonstration program, to be United States Code. the Committee on National Security and the known as the ‘‘Commercial-Like Activities for SEC. 367. DEPARTMENT OF DEFENSE READINESS Committee on Appropriations of the House of Superior Quality Demonstration Program’’, pur- REPORTING SYSTEM. Representatives a report in writing containing suant to this subtitle to test commercial-style (a) ESTABLISHMENT OF SYSTEM.—(1) Chapter 2 the complete results of each review under sub- practices to improve the quality of personal of title 10, United States Code, is amended by in- section (d) during the preceding month, includ- property shipments within the Department of serting after section 116 the following new sec- ing the current information derived from the Defense. tion: readiness reporting system. Each such report (b) DEFINITIONS.—In this subtitle: ‘‘§ 117. Readiness reporting system: establish- shall be submitted in unclassified form and may, (1) The term ‘‘CLASS Demonstration Pro- ment; reporting to congressional committees as the Secretary determines necessary, also be gram’’ means the Commercial-Like Activities for submitted in classified form. ‘‘(a) REQUIRED READINESS REPORTING SYS- Superior Quality Demonstration Program re- ‘‘(f) REGULATIONS.—The Secretary shall pre- TEM.—The Secretary of Defense shall establish a quired by subsection (a). scribe regulations to carry out this section. In comprehensive readiness reporting system for (2) The term ‘‘affiliated’’ means an entity that those regulations, the Secretary shall prescribe the Department of Defense. The readiness re- is owned and controlled by another entity or an the units that are subject to reporting in the porting system shall measure in an objective, ac- independently owned entity whose day-to-day readiness reporting system, what type of equip- curate, and timely manner the capability of the business operations are controlled by another ment is subject to such reporting, and the ele- armed forces to carry out— entity. ‘‘(1) the National Security Strategy prescribed ments of the training establishment and of de- (3) The term ‘‘best value CLASS score’’ means by the President in the most recent annual na- fense infrastructure that are subject to such re- a weighted score that reflects an eligible provid- tional security strategy report under section 108 porting.’’. er’s past performance rating score and the of the National Security Act of 1947 (50 U.S.C. (2) The table of sections at the beginning of schedules of charges for services provided. 404a); such chapter is amended by inserting after the (4) The term ‘‘broker’’ means an entity, de- ‘‘(2) the defense planning guidance provided item relating to section 116 the following new scribed in section 13102(2) of title 49, United by the Secretary of Defense pursuant to section item: States Code, that conducts operations on behalf 113(g) of this title; and ‘‘117. Readiness reporting system: establishment; of the Military Traffic Management Command ‘‘(3) the National Military Strategy prescribed reporting to congressional commit- and possesses appropriate authority from the by the Chairman of the Joint Chiefs of Staff. tees.’’. Department of Transportation or an appropriate ‘‘(b) READINESS REPORTING SYSTEM CHARAC- (b) IMPLEMENTATION.—The Secretary of De- State regulatory agency to arrange for the TERISTICS.—In establishing the readiness report- fense shall establish and implement the readi- transportation of personal property in inter- ing system, the Secretary shall ensure— ness reporting system required by section 117 of state, intrastate, or foreign commerce. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3517 (5) The term ‘‘freight forwarder’’ means an pation of a broker providing move management not conflict with subparagraph (A) or (B) and entity that provides the services described in services. A move management service provider the need to maintain adequate capacity. section 13102(8) of title 49, United States Code, shall be compensated for providing such services (6) PERFORMANCE EVALUATION DURING THE in interstate, intrastate, or foreign commerce solely by the Department of Defense. The test TERM OF THE DEMONSTRATION PROGRAM.—The and possesses the authority to provide such plan shall prohibit a move management services CLASS Demonstration Program shall provide services from the Department of Transportation provider from obtaining a commission (or similar for procedures for evaluation of the Demonstra- or an appropriate State regulatory agency. type of payment however denominated) from a tion Program participants by the members of the (6) The term ‘‘motor carrier’’ means an entity motor carrier or freight forwarder providing the Armed Forces furnished personal property ship- that uses motor vehicles to transport personal personal property shipping services. ping services and by Installation Transportation property in interstate, intrastate, or foreign (c) DEMONSTRATION PROGRAM PARTICI- Officers. To the maximum extent practicable, commerce and possesses the authority to provide PANTS.—Eligible service providers shall be of- such evaluations shall be objective and quantifi- such services from the Department of Transpor- fered participation in the CLASS Demonstration able. The program participant shall be accorded tation or an appropriate State regulatory agen- Program on the basis of their best value CLASS the opportunity to review and make comment on cy. score. Each eligible service provider’s best value a performance evaluation provided by an indi- (7) The term ‘‘motor vehicles’’ has the mean- CLASS score shall be computed in a manner vidual in a manner that will not deter candid ing given such term in section 13102(14) of title that assigns 70 percent of the weighted average evaluations by the individual. The results of 49, United States Code. to the provider’s past performance rating and 30 this evaluation may be used in developing fu- (8) The term ‘‘move management services pro- percent to the provider’s offered prices. ture best value CLASS scores. vider’’ means an entity that provides certain SEC. 384. TEST PLAN. (7) MODERN CUSTOMER SERVICE TECHNIQUES.— services in connection with the shipment of the The CLASS Demonstration Program shall maxi- (a) IN GENERAL.—The CLASS Demonstration household goods of a member of the Armed Program shall be conducted pursuant to a test mize the testing of modern customer service Forces, such as arranging, coordinating, and plan. techniques, such as in-transit tracking of ship- monitoring the shipment. ments and service member communication with (b) COMPONENTS OF THE TEST PLAN.—In addi- (9) The term ‘‘test plan’’ means the plan pre- the service provider by means of toll-free tele- pared under section 384 for the conduct of the tion to such other matters as the Secretary of Defense considers appropriate, the test plan phone numbers. CLASS Demonstration Program. (8) DIRECT CLAIMS SETTLEMENT TECHNIQUES.— shall include the following components: SEC. 382. GOALS OF DEMONSTRATION PROGRAM. The CLASS Demonstration Program shall pro- (1) RATING PAST PERFORMANCE.—A past per- The goals of the CLASS Demonstration Pro- vide for settlement of claims for personal prop- formance rating score shall be developed for gram are to— erty lost or damaged directly with the firm pro- each eligible service provider based on— (1) adopt commercial-style practices to im- viding the services. The procedures shall provide (A) evaluations from service members who prove the quality of Department of Defense per- for— have received personal property shipping serv- sonal property shipments within the United (A) acknowledgment of a claim by the service ices during a specified six-month rating period States and to foreign locations; provider within 30 days of receipt; (2) adopt simplified acquisition procedures for prior to the commencement of the CLASS Dem- (B) provision of a settlement offer within 120 the selection of contractors qualified to provide onstration Program; or days; various types of personal property shipping (B) a rating of comparable personal property (C) filing of a claim within nine months, with services and for the award of individual orders shipping services provided to non-Department of appropriate extensions for extenuating cir- to such contractors; Defense customers during the same rating pe- cumstances relating to war or national emer- (3) assure ready access of the Department of riod, if an eligible provider did not make a suffi- gency that impair the ability of a member of the Defense to a sufficient number of qualified pro- cient number of military personal property ship- Armed Forces to file a timely claim; and viders of personal property shipping to permit ments during the rating period to be assigned a (D) referring of an unsettled claim by the timely shipments during periods of high demand rating pursuant to subparagraph (A). member of the Armed Forces to a designated for such services; (2) PARTICIPATION BY QUALITY SERVICE PRO- claims officer for assistance in resolving the (4) assure maximum practicable opportunities VIDERS.—A minimum best value CLASS score claim or seeking commercial-like arbitration of for small business concerns to participate as shall be established for participation in the the claim, or both, if considered appropriate by prime contractors rather than subcontractors; CLASS Demonstration Program. In establishing the claims officer. (5) empower Installation Transportation Offi- the minimum score for participation, consider- (9) CRITERIA FOR EVALUATION OF THE OVERALL cers to assure that the personal property ship- ation shall be given to assuring access to suffi- DEMONSTRATION PROGRAM.—The CLASS Dem- ping needs of individual members of the Armed cient numbers of service providers to meet the onstration Program shall include the develop- Forces are met in a timely manner by quality needs of members of the Armed Forces during ment of criteria to evaluate the overall perform- contractors who minimize opportunities for dam- periods of high demand for such personal prop- ance and effectiveness of the CLASS demonstra- age; and erty shipping services. tion program. (6) provide for the expedited resolution of (3) SIMPLIFIED ACQUISITION PROCEDURES.— (c) DEVELOPMENT IN COLLABORATION WITH claims for damaged or lost property through di- The CLASS Demonstration Program shall make INDUSTRY.—In developing the test plan, the Sec- rect settlement negotiations between the service use of simplified acquisition procedures similar retary of Defense shall maximize collaboration provider and the member of the Armed Forces to those provided in section 2304(g)(1)(A) of title with representatives of associations that rep- who sustains the loss, with commercial-like arbi- 10, United States Code. resent all segments of the affected industries. tration available to the member with the assist- (4) PRICING.—The test plan shall specify pric- Special efforts shall be made to actively involve ance of the military department concerned. ing policies to be met by the CLASS Demonstra- those associations that represent small business SEC. 383. PROGRAM PARTICIPANTS. tion Program participants. The pricing policies providers of personal property shipping services. (a) ELIGIBLE SERVICE PROVIDERS.—(1) Any shall reflect the following: (d) OPPORTUNITY FOR PUBLIC COMMENT ON motor carrier, freight forwarder, or broker regu- (A) Domestic pricing shall be based on the PROPOSED TEST PLAN.—Notice of the availabil- larly providing personal property shipping serv- contemporary Household Goods Carriers Com- ity of the test plan shall be published in the ices that is approved by the Military Traffic mercial Tariff 400–M, or subsequent reissues Federal Register and given by other means like- Management Command to provide such services thereof, applicable to commercial domestic ship- ly to result in the notification of eligible service to the Department of Defense is eligible to par- ments with discounts and adjustments for States providers and associations that represent them. ticipate in the CLASS Demonstration Program. outside the continental United States. Copies of the proposed test plan may be made A motor carrier providing domestic personal (B) So-called single factor rates for inter- available in a printable electronic format. The property shipping services shall not be pre- national shipments. public shall be afforded 60 days to comment on cluded from providing such services to inter- (C) Full value protection for a shipment based the proposed test plan. national destinations through an affiliated on the actual cash value of the contents of the SEC. 385. OTHER METHODS OF PERSONAL PROP- freight forwarder. shipment with liability limited on a per pound ERTY SHIPPING. (2) If a motor carrier is affiliated with another basis as well as a total-value basis. The CLASS Demonstration Program shall not motor carrier or freight forwarder that also (5) ALLOCATION OF ORDERS.—Orders to pro- impair the access of a member of the Armed seeks qualification to participate in the CLASS vide personal property shipping services shall be Forces to the shipment of personal property Demonstration Program, the affiliate must dem- allocated by the appropriate Installation Trans- through the programs known as the Do-It-Your- onstrate that it also conducts independent regu- portation Officer taking into consideration— self Program or the Direct Procurement Method lar motor carrier operations using motor vehicles (A) the service provider’s best value CLASS Program. or independent freight forwarding services de- score; SEC. 386. DURATION OF DEMONSTRATION PRO- scribed in subparagraph (A), (B), or (C) of sec- (B) maximum practicable utilization of small GRAM. tion 13102(8) of title 49, United States Code. If a business service providers; The CLASS Demonstration Program shall freight forwarder is affiliated with another (C) exceptional performance of a CLASS Dem- commence on the first day of the fiscal year freight forwarder or motor carrier that also onstration Program participant; and quarter after the issuance of the test plan in seeks qualification to participate in the pro- (D) other criteria necessary to advance the final form and terminate on the last day of the gram, the affiliate must demonstrate that it also goals of the CLASS Demonstration Program, ex- fiscal year quarter after eight fiscal year quar- conducts regular independent operations. cept that carrier selection by a member of the ters of operation. The CLASS Demonstration (b) MOVE MANAGEMENT SERVICES PROVID- Armed Forces using the CLASS Demonstration Program shall take the place of the re-engineer- ERS.—The test plan may provide for the partici- Program shall be honored if the selection does ing pilot solicitation of the Military Traffic H3518 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Management Command identified as DAMTO1– amended by striking out ‘‘or, in the case of the lected Reserve of such component who are on 97–R–3001. Army, by not more than 1.5 percent’’. active duty (other than for training or for un- SEC. 387. EVALUATION OF DEMONSTRATION PRO- (c) EFFECTIVE DATE.—The amendments made satisfactory participation in training) without GRAM. by this section shall take effect on October 1, their consent at the end of the fiscal year. (a) IN GENERAL.—The Secretary of Defense 1998. Whenever such units or such individual mem- shall provide for the evaluation the CLASS SEC. 403. DATE FOR SUBMISSION OF ANNUAL bers are released from active duty during any Demonstration Program throughout the term of MANPOWER REQUIREMENTS RE- fiscal year, the end strength prescribed for such the program pursuant to the evaluation criteria PORT. fiscal year for the Selected Reserve of such re- included in the test plan. Section 115a(a) of title 10, United States Code, serve component shall be proportionately in- (b) INTERIM REPORTS.—The Secretary of De- is amended— fense shall issue such interim reports relating to (1) by striking out ‘‘, not later than February creased by the total authorized strengths of the implementation of the CLASS Demonstra- 15 of each fiscal year,’’ in the first sentence; and such units and by the total number of such indi- tion Program as may be appropriate. (2) by striking out ‘‘The report shall be in vidual members. (c) FINAL REPORT.—The Secretary of Defense writing and’’ in the second sentence and insert- SEC. 412. END STRENGTHS FOR RESERVES ON AC- shall issue a final report on the CLASS Dem- ing in lieu thereof ‘‘The report shall be submit- TIVE DUTY IN SUPPORT OF THE RE- onstration Program within 180 days before the ted each year not later than 30 days after the SERVES. termination date of the program. The report date on which the budget for the next fiscal Within the end strengths prescribed in section may include recommendations for further imple- year is transmitted to Congress pursuant to sec- 411(a), the reserve components of the Armed mentation of the CLASS Demonstration Pro- tion 1105 of title 31, shall be in writing, and’’. Forces are authorized, as of September 30, 1999, gram. SEC. 404. EXTENSION OF AUTHORITY FOR CHAIR- the following number of Reserves to be serving (d) CONGRESSIONAL RECIPIENTS.—The reports MAN OF THE JOINT CHIEFS OF on full-time active duty or full-time duty, in the required by this section shall be furnished to the STAFF TO DESIGNATE UP TO 12 GEN- case of members of the National Guard, for the congressional defense committees and the Com- ERAL AND FLAG OFFICER POSITIONS purpose of organizing, administering, recruiting, mittee on Small Business of the Senate and the TO BE EXCLUDED FROM GENERAL instructing, or training the reserve components: House of Representatives. AND FLAG OFFICER GRADE LIMITA- TIONS. (1) The Army National Guard of the United (e) PUBLIC AVAILABILITY.—The Secretary of States, 21,763. Defense shall provide public notice of the avail- Section 526(b)(2) of title 10, United States ability of copies of the reports submitted to the Code, is amended by striking out ‘‘October 1, (2) The Army Reserve, 12,804. congressional recipients through a notice in the 1998’’ and inserting in lieu thereof ‘‘October 1, (3) The Naval Reserve, 15,590. Federal Register and such other means as may 2001’’. (4) The Marine Corps Reserve, 2,362. be appropriate. Copies of the reports may be Subtitle B—Reserve Forces (5) The Air National Guard of the United made available in a printable electronic format SEC. 411. END STRENGTHS FOR SELECTED RE- States, 10,930. or in a printed form. SERVE. (6) The Air Force Reserve, 991. TITLE IV—MILITARY PERSONNEL AUTHORIZA- (a) IN GENERAL.—The Armed Forces are au- TIONS thorized strengths for Selected Reserve person- SEC. 413. END STRENGTHS FOR MILITARY TECH- NICIANS (DUAL STATUS). Subtitle A—Active Forces nel of the reserve components as of September 30, 1999, as follows: The minimum number of military technicians SEC. 401. END STRENGTHS FOR ACTIVE FORCES. (dual status) as of the last day of fiscal year The Armed Forces are authorized strengths (1) The Army National Guard of the United 1999 for the reserve components of the Army and for active duty personnel as of September 30, States, 357,000. the Air Force (notwithstanding section 129 of 1999, as follows: (2) The Army Reserve, 209,000. (1) The Army, 484,800. (3) The Naval Reserve, 90,843. title 10, United States Code) shall be the follow- (2) The Navy, 376,423. (4) The Marine Corps Reserve, 40,018. ing: (3) The Marine Corps, 173,922. (5) The Air National Guard of the United (1) For the Army Reserve, 5,395. (4) The Air Force, 371,577. States, 106,991. (2) For the Army National Guard of the SEC. 402. REVISION IN PERMANENT END (6) The Air Force Reserve, 74,242. United States, 23,125. (7) The Coast Guard Reserve, 8,000. STRENGTH LEVELS. (3) For the Air Force Reserve, 9,761. (a) REVISED END STRENGTH FLOORS.—Sub- (b) ADJUSTMENTS.—The end strengths pre- section (b) of section 691 of title 10, United scribed by subsection (a) for the Selected Re- (4) For the Air National Guard of the United States Code, is amended— serve of any reserve component shall be propor- States, 22,408. (1) in paragraph (1), by striking out ‘‘495,000’’ tionately reduced by— SEC. 414. INCREASE IN NUMBER OF MEMBERS IN and inserting in lieu thereof ‘‘484,800’’; (1) the total authorized strength of units orga- CERTAIN GRADES AUTHORIZED TO (1) in paragraph (2), by striking out ‘‘390,802’’ nized to serve as units of the Selected Reserve of SERVE ON ACTIVE DUTY IN SUPPORT and inserting in lieu thereof ‘‘376,423’’; and such component which are on active duty (other OF THE RESERVES. (2) in paragraph (3), by striking out ‘‘174,000’’ than for training) at the end of the fiscal year, (a) OFFICERS.—The table in section 12011(a) of and inserting in lieu thereof ‘‘173,922’’. and title 10, United States Code, is amended to read (b) REVISION TO FLEXIBILITY AUTHORITY FOR (2) the total number of individual members not as follows: THE ARMY.—Subsection (e) of such section is in units organized to serve as units of the Se-

Ma- ‘‘Grade Army Navy Air rine Force Corps

Major or Lieutenant Commander ...... 3,219 1,071 776 140 Lieutenant Colonel or Commander ...... 1,524 520 672 90 Colonel or Navy Captain ...... 438 188 274 30’’.

(b) SENIOR ENLISTED MEMBERS.—The table in sonnel for fiscal year 1999 a total of tive error a person who should have been con- section 12012(a) of such title is amended to read $70,697,086,000. The authorization in the preced- sidered for selection for promotion by a pro- as follows: ing sentence supersedes any other authorization motion board was not so considered, the Sec- of appropriations (definite or indefinite) for retary shall convene a special selection board such purpose for fiscal year 1999. under this subsection to determine whether that Air Ma- TITLE V—MILITARY PERSONNEL POLICY person (whether or not then on active duty) ‘‘Grade Army Navy rine should be recommended for promotion.’’; Force Corps Subtitle A—Officer Personnel Policy SEC. 501. CODIFICATION OF ELIGIBILITY OF RE- (2) in paragraph (2), by striking out ‘‘the offi- E–9 ...... 623 202 388 20 TIRED OFFICERS AND FORMER OFFI- cer as his record’’ in the first sentence and in- CERS FOR CONSIDERATION BY SPE- serting in lieu thereof ‘‘the person whose name E–8 ...... 2,585 429 979 94’’. CIAL SELECTION BOARDS. was referred to it for consideration as that (a) PERSONS NOT CONSIDERED BY PROMOTION record’’; and (c) EFFECTIVE DATE.—The amendments made BOARDS DUE TO ADMINISTRATIVE ERROR.—Sub- by this section shall take efffect on October 1, section (a) of section 628 of title 10, United (3) in paragraph (3), by striking out ‘‘an offi- 1998. States Code, is amended— cer in a grade’’ and all that follows through (1) by striking out paragraph (1) and inserting Subtitle C—Authorization of Appropriations ‘‘the officer’’ and inserting in lieu thereof ‘‘a in lieu thereof the following: person whose name was referred to it for consid- SEC. 421. AUTHORIZATION OF APPROPRIATIONS ‘‘(a) PERSONS NOT CONSIDERED BY PROMOTION eration for selection for appointment to a grade FOR MILITARY PERSONNEL. BOARDS DUE TO ADMINISTRATIVE ERROR.—(1) If other than a general officer or flag officer There is hereby authorized to be appropriated the Secretary of the military department con- grade, the person’’. to the Department of Defense for military per- cerned determines that because of administra- May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3519

(b) PERSONS CONSIDERED BY PROMOTION tence shall be only for purposes of determina- ber to whom subsection (a)(3) applies who dies BOARDS IN UNFAIR MANNER.—Subsection (b) of tion of eligibility of that person for consider- before approval by the Secretary concerned of such section is amended— ation for promotion by any subsequent special the appointment or promotion, the commission (1) by striking out paragraph (1) and inserting selection board under this section.’’. shall issue as of the date of death.’’. in lieu thereof the following: (d) APPLICABILITY TO DECEASED PERSONS.— SEC. 505. TENURE OF CHIEF OF THE AIR FORCE ‘‘(b) PERSONS CONSIDERED BY PROMOTION Subsection (e) of such section is amended to NURSE CORPS. BOARDS IN UNFAIR MANNER.—(1) If the Sec- read as follows: Section 8069(b) of title 10, United States Code, retary of the military department concerned de- ‘‘(e) DECEASED PERSONS.—If a person whose is amended by striking out ‘‘, but not for more termines, in the case of a person who was con- name is being considered for referral to a special than three years, and may not be reappointed to sidered for selection for promotion by a pro- selection board under this section dies before the the same position’’ in the last sentence. motion board but was not selected, that there completion of proceedings under this section Subtitle B—Reserve Component Matters was material unfairness with respect to that with respect to that person, this section shall be SEC. 511. COMPOSITION OF SELECTIVE EARLY RE- person, the Secretary may convene a special se- applied to that person posthumously.’’. TIREMENT BOARDS OF RESERVE lection board under this subsection to determine (e) RECODIFICATION OF ADMINISTRATIVE MAT- GENERAL AND FLAG OFFICERS OF whether that person (whether or not then on ac- TERS.—Such section is further amended by add- THE NAVY AND MARINE CORPS. tive duty) should be recommended for pro- ing at the end the following:: Section 14705(b) of title 10, United States motion. In order to determine that there was ‘‘(f) CONVENING OF BOARDS.—A board con- Code, is amended to read as follows: material unfairness, the Secretary must deter- vened under this section— ‘‘(b) BOARDS.—(1) If the Secretary of the Navy mine that— ‘‘(1) shall be convened under regulations pre- determines that consideration of officers for ‘‘(A) the action of the promotion board that scribed by the Secretary of Defense; early retirement under this section is necessary, considered the person was contrary to law or in- ‘‘(2) shall be composed in accordance with sec- the Secretary shall convene a continuation volved material error of fact or material admin- tion 612 of this title or, in the case of board to board under section 14101(b) of this title to rec- istrative error; or consider a warrant officer or former warrant of- ommend an appropriate number of officers for ‘‘(B) the board did not have before it for its ficer, in accordance with section 573 of this title early retirement. consideration material information.’’; and regulations prescribed by the Secretary of ‘‘(2) In the case of such a board convened to (2) in paragraph (2), by striking out ‘‘the offi- the military department concerned; and consider officers in the grade of rear admiral or cer as his record’’ in the first sentence and in- ‘‘(3) shall be subject to the provisions of sec- major general— serting in lieu thereof ‘‘the person whose name tion 613 of this title. ‘‘(A) the Secretary may appoint the board was referred to it for consideration as that ‘‘(g) PROMOTION BOARD DEFINED.—In this without regard to section 14102(b) of this title; record’’; and section, the term ‘promotion board’ means a se- and (3) in paragraph (3)— lection board convened by the Secretary of a ‘‘(B) each member of the board must be serv- (A) by striking out ‘‘an officer’’ and inserting military department under section 573(a) or ing in a grade higher than the grade of rear ad- in lieu thereof ‘‘a person’’; and 611(a) of this title.’’. miral or major general.’’. (B) by striking out ‘‘the officer’’ and inserting (f) RATIFICATION OF CODIFIED PRACTICE.—The SEC. 512. ACTIVE STATUS SERVICE REQUIRE- in lieu thereof ‘‘the person’’. consideration by a special selection board con- MENT FOR PROMOTION CONSIDER- (c) CONFORMING AMENDMENTS.—(1) Sub- vened under section 628 of title 10, United States ATION FOR ARMY AND AIR FORCE section (c) of such section is amended— Code, before the date of the enactment of this RESERVE COMPONENT BRIGADIER (A) by inserting ‘‘REPORTS OF BOARDS.—’’ Act of a person who, at the time of consider- GENERALS. after ‘‘(c)’’; ation, was a retired officer or former officer of Section 14301 of title 10, United States Code, is (B) by striking out ‘‘officer’’ both places it ap- the Armed Forces (including a deceased retired amended by adding at the end the following pears in paragraph (1) and inserting in lieu or former officer) is hereby ratified. new subsection: thereof ‘‘person’’; and ‘‘(g) A reserve component brigadier general of SEC. 502. COMMUNICATION TO PROMOTION the Army or the Air Force who is in an inactive (C) in paragraph (2), by adding the following BOARDS BY OFFICERS UNDER CON- new sentence at the end: ‘‘However, in the case SIDERATION. status is eligible (notwithstanding subsection of a board convened under this section to con- Section 614(b) of title 10, United States Code, (a)) for consideration for promotion to major sider a warrant officer or former warrant offi- is amended by striking out ‘‘his case’’ and in- general by a promotion board convened under cer, the provisions of sections 576(d) and 576(f) serting in lieu thereof ‘‘enhancing his case for section 14101(a) of this title if the officer— of this title (rather than the provisions of sec- selection for promotion’’. ‘‘(1) has been in an inactive status for less tion 617(b) and 618 of this title) apply to the re- than one year as of the date of the convening of SEC. 503. PROCEDURES FOR SEPARATION OF the promotion board; and port and proceedings of the board in the same REGULAR OFFICERS FOR SUB- ‘‘(2) had continuously served for at least one manner as they apply to the report and proceed- STANDARD PERFORMANCE OF DUTY year on the reserve active status list or the ac- ings of a selection board convened under section OR CERTAIN OTHER REASONS. tive duty list (or a combination of both) imme- 573 of this title.’’. (a) ELIMINATION OF REQUIREMENT FOR A diately before the officer’s most recent transfer (2) Subsection (d)(1) of such section is amend- BOARD OF REVIEW.—Section 1182(c) of title 10, to an inactive status.’’. ed— United States Code, is amended by striking out (A) by inserting ‘‘APPOINTMENT OF PERSONS ‘‘it shall send the record of its proceedings to a SEC. 513. REVISION TO EDUCATIONAL REQUIRE- MENT FOR PROMOTION OF RESERVE SELECTED BY BOARDS.—’’ after ‘‘(d)’’; board of review convened under section 1183 of OFFICERS. (B) by striking out ‘‘an officer’’ and inserting this title’’ and inserting in lieu thereof ‘‘it shall (a) EXTENSION FOR ARMY OCS GRADUATES.— in lieu thereof ‘‘a person’’; report that determination to the Secretary con- Section 12205(b)(4) of title 10, United States (C) by striking out ‘‘such officer’’ and insert- cerned’’; Code, is amended by inserting after ‘‘October 1, ing in lieu thereof ‘‘that person’’; (b) REPEAL OF BOARD OF REVIEW.—(1) Section 1995’’ the following: ‘‘, or in the case of an offi- (D) by striking out ‘‘the next higher grade’’ 1183 of such title is repealed. cer commissioned through the Army Officer the second place it appears and inserting in lieu (2) The table of sections at the beginning of Candidate School, October 1, 2000’’. thereof ‘‘that grade’’; chapter 60 of such title is amended by striking (b) EFFECTIVE DATE.—The amendment made (E) by adding at the end the following: ‘‘How- out the item relating to section 1183. by subsection (a) shall take effect as of October ever, in the case of a board convened under this (c) CONFORMING AMENDMENTS.—(1) Section 1, 1995. section to consider a warrant officer or former 1184 of such title is amended by striking out warrant officer, if the report of that board, as ‘‘board of review convened under section 1183 of Subtitle C—Military Education and Training approved by the Secretary concerned, rec- this title’’ and inserting in lieu thereof ‘‘board SEC. 521. REQUIREMENTS RELATING TO RECRUIT ommends that warrant officer or former warrant of inquiry convened under section 1182 of this BASIC TRAINING. officer for promotion to the next higher grade, title’’. (a) ARMY.—(1) Chapter 401 of title 10, United that person shall, as soon as practicable, be ap- (2) The heading of such section and the item States Code, is amended by adding at the end pointed to the next higher grade in accordance relating to such section in the table of sections the following new section: with provisions of section 578(c) of this title at the beginning of chapter 60 of such title are ‘‘§ 4319. Recruit basic training: separate pla- (rather than subsections (b), (c), and (d) of sec- amended by striking out the last two words. toons and separate housing for male and fe- tion 624 of this title).’’. (d) ELIMINATION OF 30-DAY NOTICE REQUIRE- male recruits (3) Subsection (d)(2) of such section is amend- MENT.—Section 1185(a)(1) of such title is amend- ‘‘(a) SEPARATE PLATOONS.—The Secretary of ed— ed by striking out ‘‘, at least 30 days before the the Army shall require that during basic train- (A) by striking out ‘‘An officer who is pro- hearing of his case by a board of inquiry,’’. ing— moted’’ and inserting in lieu thereof ‘‘A person SEC. 504. POSTHUMOUS COMMISSIONS AND WAR- ‘‘(1) male recruits shall be assigned to pla- who is appointed’’; RANTS. toons consisting only of male recruits; and (B) by striking out ‘‘such promotion’’ and in- Section 1521 of title 10, United States Code, is ‘‘(2) female recruits shall be assigned to pla- serting in lieu thereof ‘‘that appointment’’; and amended— toons consisting only of female recruits. (C) by adding at the end the following new (1) by inserting ‘‘(whether before or after the ‘‘(b) SEPARATE HOUSING FACILITIES.—The Sec- sentence: ‘‘In the case of a person who is not on member’s death)’’ in subsection (a)(3) after ‘‘ap- retary of the Army shall require that during the active-duty list when appointed to the next proved by the Secretary concerned’’; and basic training male and female recruits be higher grade, placement of that person on the (2) by adding at the end of subsection (b) the housed in separate barracks or other troop active-duty list pursuant to the preceding sen- following new sentence: ‘‘In the case of a mem- housing facilities. H3520 CONGRESSIONAL RECORD — HOUSE May 20, 1998

‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- during any period that the waiver is in effect (b) ARMY.—(1) Chapter 401 of title 10, United CRUITS ON SEPARATE FLOORS.—(1) If the Sec- not be housed on the same floor of a barracks or States Code, is amended by adding after section retary of the Army determines that it is not fea- other troop housing facility. 4319, as added by section 521(a)(1), the following sible, during some or all of the period beginning ‘‘(d) BASIC TRAINING DEFINED.—In this sec- new section: on April 15, 1999, and ending on October 1, 2001, tion, the term ‘basic training’ means the initial ‘‘§ 4320. Recruit basic training: privacy to comply with subsection (b) at any particular entry training programs of the Navy and Ma- ‘‘The Secretary of the Army shall require that installation at which basic training is conducted rine Corps that constitute the basic training of access by drill sergeants and other training per- because facilities at that installation are insuffi- new recruits.’’. sonnel to a barracks floor on which recruits are cient for such purpose, the Secretary may grant (2) The tables of chapters at the beginning of housed during basic training shall be limited a waiver of subsection (b) with respect to that subtitle C, and at the beginning of part III of after the end of the training day, other than in installation. Any such waiver may not be in ef- subtitle C, of such title are amended by inserting the case of an emergency or other exigent cir- fect after October 1, 2001, and may only be in ef- after the item relating to chapter 601 the follow- cumstance, to drill sergeants and other training fect while the facilities at that installation are ing new item: personnel who are of the same sex as the re- insufficient for the purposes of compliance with ...... ‘‘602. Training Generally 6931’’. cruits housed on that floor.’’. subsection (b). (3) The Secretary of the Navy shall implement (2) The table of sections at the beginning of ‘‘(2) If the Secretary grants a waiver under section 6931 of title 10, United States Code, as such chapter is amended by adding after the paragraph (1) with respect to an installation, added by paragraph (1), as rapidly as feasible item relating to section 4319, as added by section the Secretary shall require that male and female and shall ensure that the provisions of that sec- 521(a)(2), the following new item: recruits in basic training at that installation tion are applied to all recruit basic training ‘‘4320. Recruit basic training: privacy.’’. during any period that the waiver is in effect classes beginning not later than the first such (3) The Secretary of the Army shall implement not be housed on the same floor of a barracks or class that enters basic training on or after April section 4320 of title 10, United States Code, as other troop housing facility. 15, 1999. added by paragraph (1), as rapidly as feasible ‘‘(d) BASIC TRAINING DEFINED.—In this sec- (c) AIR FORCE.—(1) Chapter 901 of title 10, and shall ensure that the provisions of that sec- tion, the term ‘basic training’ means the initial United States Code, is amended by adding at the tion are applied to all recruit basic training entry training program of the Army that con- end the following new section: classes beginning not later than the first such stitutes the basic training of new recruits.’’. ‘‘§ 9319. Recruit basic training: separate class that enters basic training on or after April (2) The table of sections at the beginning of flights and separate housing for male and 15, 1999. such chapter is amended by adding at the end female recruits (c) NAVY.—(1) Chapter 602 of title 10, United the following new item: States Code, as added by section 521(b)(1), is ‘‘(a) SEPARATE FLIGHTS.—The Secretary of the ‘‘4319. Recruit basic training: separate platoons Air Force shall require that during basic train- amended by adding at the end the following and separate housing for male ing— new section: and female recruits.’’. ‘‘(1) male recruits shall be assigned to flights ‘‘§ 6932. Recruit basic training: privacy (3) The Secretary of the Army shall implement consisting only of male recruits; and ‘‘The Secretary of the Navy shall require that section 4319 of title 10, United States Code, as ‘‘(2) female recruits shall be assigned to flights access by recruit division commanders and other added by paragraph (1), as rapidly as feasible consisting only of female recruits. training personnel to a barracks floor on which and shall ensure that the provisions of that sec- ‘‘(b) SEPARATE HOUSING.—The Secretary of Navy recruits are housed during basic training tion are applied to all recruit basic training the Air Force shall require that during basic shall be limited after the end of the training classes beginning not later than the first such training male and female recruits be housed in day, other than in the case of an emergency or class that enters basic training on or after April separate dormitories or other troop housing fa- other exigent circumstance, to recruit division 15, 1999. cilities. commanders and other training personnel who (b) NAVY AND MARINE CORPS.—(1) Part III of ‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- are of the same sex as the recruits housed on subtitle C of title 10, United States Code, is CRUITS ON SEPARATE FLOORS.—(1) If the Sec- that floor.’’. amended by inserting after chapter 601 the fol- retary of the Air Force determines that it is not (2) The table of sections at the beginning of lowing new chapter: feasible, during some or all of the period begin- such chapter is amended by adding at the end ‘‘CHAPTER 602—TRAINING GENERALLY ning on April 15, 1999, and ending on October 1, the following new item: 2001, to comply with subsection (b) at any par- ‘‘Sec. ‘‘6932. Recruit basic training: privacy.’’. ticular installation at which basic training is ‘‘6931. Recruit basic training: separate small conducted because facilities at that installation (3) The Secretary of the Navy shall implement units and separate housing for are insufficient for such purpose, the Secretary section 6932 of title 10, United States Code, as male and female recruits. may grant a waiver of subsection (b) with re- added by paragraph (1), as rapidly as feasible ‘‘§ 6931. Recruit basic training: separate small spect to that installation. Any such waiver may and shall ensure that the provisions of that sec- units and separate housing for male and fe- not be in effect after October 1, 2001, and may tion are applied to all recruit basic training male recruits only be in effect while the facilities at that in- classes beginning not later than the first such ‘‘(a) SEPARATE SMALL UNIT ORGANIZATION.— stallation are insufficient for the purposes of class that enters basic training on or after April The Secretary of the Navy shall require that compliance with subsection (b). 15, 1999. during basic training— ‘‘(2) If the Secretary grants a waiver under (d) AIR FORCE.—(1) Chapter 901 of title 10, ‘‘(1) male recruits in the Navy shall be as- paragraph (1) with respect to an installation, United States Code, is amended by adding after signed to divisions, and male recruits in the Ma- the Secretary shall require that male and female section 9319, as added by section 521(c)(1), the rine Corps shall be assigned to platoons, consist- recruits in basic training at that installation following new section: ing only of male recruits; and during any period that the waiver is in effect ‘‘§ 9320. Recruit basic training: privacy ‘‘(2) female recruits in the Navy shall be as- not be housed on the same floor of a dormitory ‘‘The Secretary of the Air Force shall require signed to divisions, and female recruits in the or other troop housing facility. that access by drill sergeants and other training Marine Corps shall be assigned to platoons, con- ‘‘(d) BASIC TRAINING DEFINED.—In this sec- personnel to a dormitory floor on which recruits sisting only of female recruits. tion, the term ‘basic training’ means the initial are housed during basic training shall be limited ‘‘(b) SEPARATE HOUSING.—The Secretary of entry training program of the Air Force that after the end of the training day, other than in the Navy shall require that during basic train- constitutes the basic training of new recruits.’’. the case of an emergency or other exigent cir- ing male and female recruits be housed in sepa- (2) The table of sections at the beginning of cumstance, to drill sergeants and other training rate barracks or other troop housing facilities. such chapter is amended by adding at the end personnel who are of the same sex as the re- ‘‘(c) INTERIM AUTHORITY FOR HOUSING RE- the following new item: cruits housed on that floor.’’. CRUITS ON SEPARATE FLOORS.—(1) If the Sec- ‘‘9319. Recruit basic training: separate flights (2) The table of sections at the beginning of retary of the Navy determines that it is not fea- and separate housing for male such chapter is amended by adding after the sible, during some or all of the period beginning and female recruits.’’. item relating to section 9312, as added by section on April 15, 1999, and ending on October 1, 2001, (3) The Secretary of the Air Force shall imple- 521(c)(2), the following new item: to comply with subsection (b) at any particular ment section 9319 of title 10, United States Code, ‘‘9320. Recruit basic training: privacy.’’. installation at which basic training is conducted as added by paragraph (1), as rapidly as fea- (3) The Secretary of the Air Force shall imple- because facilities at that installation are insuffi- sible and shall ensure that the provisions of that ment section 9320 of title 10, United States Code, cient for that purpose, the Secretary may grant section are applied to all recruit basic training as added by paragraph (1), as rapidly as fea- a waiver of subsection (b) with respect to that classes beginning not later than the first such sible and shall ensure that the provisions of that installation. Any such waiver may not be in ef- class that enters basic training on or after April section are applied to all recruit basic training fect after October 1, 2001, and may only be in ef- 15, 1999. classes beginning not later than the first such fect while the facilities at that installation are SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS class that enters basic training on or after April insufficient for the purposes of compliance with DURING BASIC TRAINING. 15, 1999. subsection (b). (a) PURPOSE.—The purpose of this section is SEC. 523. EXTENSION OF REPORTING DATES FOR ‘‘(2) If the Secretary grants a waiver under to ensure that military recruits are provided COMMISSION ON MILITARY TRAIN- paragraph (1) with respect to an installation, some degree of privacy during basic training ING AND GENDER-RELATED ISSUES. the Secretary shall require that male and female when in their barracks after completion of the (a) FIRST REPORT.—Subsection (e)(1) of sec- recruits in basic training at that installation normal training day. tion 562 of the National Defense Authorization May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3521 Act for Fiscal Year 1998 (Public Law 105–85; 111 them for award of the Purple Heart or the medal (2) honors those who gave their lives in the Stat. 1754) is amended by striking out ‘‘April 15, described in paragraph (2). line of duty while serving in the Asiatic Fleet. 1998’’ and inserting in lieu thereof ‘‘October 15, (b) LIMITATION ON IMPLEMENTATION.—Any SEC. 534. APPRECIATION FOR SERVICE DURING 1998’’. such decoration may only be implemented as WORLD WAR I AND WORLD WAR II BY (b) FINAL REPORT.—Subsection (e)(2) of such provided by a law enacted after the date of the MEMBERS OF THE NAVY ASSIGNED section is amended by striking out ‘‘September enactment of this Act. ON BOARD MERCHANT SHIPS AS THE 16, 1998’’ and inserting in lieu thereof ‘‘March (c) RECOMMENDATION TO CONGRESS.—Not NAVAL ARMED GUARD SERVICE. 15, 1999’’. later than July 31, 1999, the Secretary shall sub- (a) FINDINGS.—Congress makes the following SEC. 524. IMPROVED OVERSIGHT OF INNOVATIVE mit to Congress a legislative proposal that findings: READINESS TRAINING. would, if enacted, establish the new decorations (1) The Navy established a special force dur- (a) IN GENERAL.—Section 2012 of title 10, developed pursuant to subsection (a). The Sec- ing both World War I and World War II, known United States Code, is amended by adding at the retary shall include with that proposal the Sec- as the Naval Armed Guard Service, to protect end the following new subsection: retary’s recommendation concerning the need merchant ships of the United States from enemy ‘‘(j) OVERSIGHT AND COST ACCOUNTING.—The for, and propriety of, each of the decorations. attack by stationing members of the Navy and Secretary of Defense shall establish a program (d) COORDINATION.—The Secretary shall carry weapons on board those ships. to improve the oversight and cost accounting of out this section in coordination with the Sec- (2) Members of the Naval Armed Guard Serv- training projects conducted in accordance with retaries of the military departments and the Sec- ice served on 6,236 merchant ships during World this section. The program shall include measures retary of Transportation with regard to the War II, of which 710 were sunk by enemy ac- to accomplish the following: Coast Guard. tion. ‘‘(1) Ensure that each project that is proposed SEC. 532. WAIVER OF TIME LIMITATIONS FOR (3) Over 144,900 members of the Navy served in to be conducted in accordance with this section AWARD OF CERTAIN DECORATIONS TO SPECIFIED PERSONS. the Naval Armed Guard Service during World (regardless of whether additional funding from War II as officers, gun crewmen, signalmen, and (a) WAIVER OF TIME LIMITATION.—Any limita- the Secretary of Defense is sought) is requested radiomen, of whom 1,810 were killed in action. in writing, reviewed for full compliance with tion established by law or policy for the time (4) The efforts of the members of the Naval this section, and approved in advance of initi- within which a recommendation for the award Armed Guard Service played a significant role ation by the Secretary of the military depart- of a military decoration or award must be sub- in the safe passage of United States merchant ment concerned and, in the case of a project mitted shall not apply in the case of awards of ships to their destinations in the Soviet Union that seeks additional funding from the Secretary decorations described in subsection (b), the and various locations in western Europe and of Defense, by the Secretary of Defense. award of each such decoration having been de- the Pacific Theater. ‘‘(2) Ensure that each project that is con- termined by the Secretary of the military depart- ducted in accordance with this section is re- ment concerned to be warranted in accordance (5) The efforts of the members of the Navy quired to provide, within a specified period fol- with section 1130 of title 10, United States Code. who served in the Naval Armed Guard Service lowing completion of the project, an after-action (b) DISTINGUISHED FLYING CROSS.—Subsection have been largely overlooked due to the rapid report to the Secretary of Defense. (a) applies to awards of the Distinguished Fly- disbanding of the service after World War II ‘‘(3) Require that each application for a ing Cross for service during World War II or and lack of adequate records. project to be conducted in accordance with this Korea (including multiple awards to the same (6) Recognition of the service of the naval per- section include an analysis and certification individual) in the case of each individual con- sonnel who served in the Naval Armed Guard that the proposed project would not result in a cerning whom the Secretary of the Navy (or an Service is highly warranted and long overdue. significant increase in the cost of training (as officer of the Navy acting on behalf of the Sec- (b) SENSE OF CONGRESS.—Congress expresses determined in accordance with procedures pre- retary) submitted to the Committee on National its appreciation, and the appreciation of the scribed by the Secretary of Defense). Security of the House of Representatives and American people, for the dedicated service per- ‘‘(4) Determine the total program cost for each the Committee on Armed Services of the Senate, formed during World War I and World War II project, including both those costs that are before the date of the enactment of this Act, a by members of the Navy assigned as gun crews borne by the military departments from their notice as provided in section 1130(b) of title 10, on board merchant ships as part of the Naval own accounts and those costs that are borne by United States Code, that the award of the Dis- Armed Guard Service. defense-wide accounts. tinguished Flying Cross to that individual is SEC. 535. SENSE OF CONGRESS REGARDING THE ‘‘(5) Provide for oversight of project execution warranted and that a waiver of time restrictions HEROISM, SACRIFICE, AND SERVICE to ensure that a training project under this sec- prescribed by law for recommendation for such OF THE MILITARY FORCES OF tion is carried out in accordance with the pro- award is recommended. SOUTH VIETNAM AND OTHER NA- posal for that project as approved.’’. SEC. 533. COMMENDATION OF THE NAVY AND MA- TIONS IN CONNECTION WITH THE (b) IMPLEMENTATION.—The Secretary of De- RINE CORPS PERSONNEL WHO UNITED STATES ARMED FORCES fense may not initiate any project under section SERVED IN THE UNITED STATES DURING THE VIETNAM CONFLICT. 2012 of title 10, United States Code, after Octo- NAVY ASIATIC FLEET FROM 1910– (a) FINDINGS.—Congress finds the following: ber 1, 1998, until the program required by sub- 1942. (1) South Vietnam, Australia, South Korea, section (i) of that section (as added by sub- (a) FINDINGS.—Congress makes the following Thailand, New Zealand, and the Philippines section (a)) has been established. findings: contributed military forces, together with the (1) The United States established the Asiatic United States, during military operations con- Subtitle D—Decorations, Awards, and Fleet of the Navy in 1910 to protect American Commendations ducted in Southeast Asia during the Vietnam nationals, policies, and possessions in the Far conflict. SEC. 531. STUDY OF NEW DECORATIONS FOR IN- East. (2) The contributions of the combat forces JURY OR DEATH IN LINE OF DUTY. (2) The sailors and Marines of the Asiatic from these nations continued through long (a) DETERMINATION OF CRITERIA FOR NEW Fleet ensured the safety of United States citi- years of armed conflict. DECORATION.—(1) The Secretary of Defense zens and foreign nationals, and provided hu- shall determine the appropriate name, policy, manitarian assistance in that region during the (3) As a result, in addition to the United award criteria, and design for two possible new Chinese civil war, the Yangtze Flood of 1931, States casualties exceeding 210,000, this willing- decorations. and the outbreak of Sino-Japanese hostilities. ness to participate in the Vietnam conflict re- (2) The first such decoration would, if imple- (3) In 1940, due to deteriorating political rela- sulted in the death, and wounding of more than mented, be awarded to members of the Armed tions and increasing tensions between the 1,000,000 military personnel from South Vietnam Forces who, while serving under competent au- United States and Japan, a reinforced Asiatic and 16,000 from other allied nations. thority in any capacity with the Armed Forces, Fleet began concentrating on the defense of the (4) The service of the Vietnamese and other are killed or injured in the line of duty as a re- Philippines and engaged in extensive training to allied nations was repeatedly marked by excep- sult of noncombat circumstances occurring— ensure maximum operational readiness for any tional heroism and sacrifice, with particularly (A) as a result of an international terrorist at- eventuality. noteworthy contributions being made by the Vi- tack against the United States or a foreign na- (4) Following the declaration of war against etnamese airborne, commando, infantry and tion friendly to the United States; Japan in December 1941, the warships, sub- ranger units, the Republic of Korea marines, the (B) while engaged in, training for, or travel- marines, and aircraft of the Asiatic Fleet singly Capital and White Horse divisions, the Royal ing to or from a peacetime or contingency oper- or in task forces courageously fought many bat- Thai Army Black Panther Division, the Royal ation; or tles against a superior Japanese armada. Australian Regiment, the New Zealand ‘‘V’’ (C) while engaged in, training for, or travel- (5) The Asiatic Fleet directly suffered the loss force, and the 1st Philippine Civic Action ing to or from service outside the territory of the of 22 vessels, 1,826 men killed or missing in ac- Group. United States as part of a peacekeeping force. tion, and 518 men captured and imprisoned (b) SENSE OF CONGRESS.—Congress recognizes (3) The second such decoration would, if im- under the worst of conditions, with many of and honors the members and former members of plemented, be awarded to civilian nationals of them dying while held as prisoners of war. the military forces of South Vietnam, the Re- the United States who, while serving under com- (b) CONGRESSIONAL COMMENDATION.—Con- public of Korea, Thailand, Australia, New Zea- petent authority in any capacity with the gress— land, and the Philippines for their heroism, sac- Armed Forces, are killed or injured in the line of (1) commends the Navy and Marine Corps per- rifice and service in connection with United duty under circumstances which, if they were sonnel who served in the Asiatic Fleet of the States Armed Forces during the Vietnam con- members of the Armed Forces, would qualify United States Navy between 1910 and 1942; and flict. H3522 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 536. SENSE OF CONGRESS REGARDING THE ‘‘(2) shall be assigned duties as advisers to the ‘‘For cases accepted The percentage on HEROISM, SACRIFICE, AND SERVICE director or executive director or other staff mem- during— which final action OF FORMER SOUTH VIETNAMESE bers on legal and medical matters, respectively, must be completed COMMANDOS IN CONNECTION WITH that are being considered by the agency. within 10 months of UNITED STATES ARMED FORCES DURING THE VIETNAM CONFLICT. ‘‘(c) In this section, the term ‘service review receipt is— (a) FINDINGS.—Congress finds the following: agency’ means— the period of fiscal years 2003 and 60 (1) South Vietnamese commandos were re- ‘‘(1) with respect to the Department of the 2004. cruited by the United States as part of OPLAN Army, the Army Review Boards Agency; the period of fiscal years 2005, 2006, 70 34A or its predecessor or OPLAN 35 from 1961 to ‘‘(2) with respect to the Department of the and 2007. 1970. Navy, the Board for Correction of Naval the period of fiscal years 2008, 2009, 80 (2) The commandos conducted covert oper- Records; and and 2010. ations in North Vietnam during the Vietnam ‘‘(3) with respect to the Department of the Air the period of any fiscal year after fis- 90. conflict. Force, the Air Force Review Boards Agency.’’. cal year 2010. (3) Many of the commandos were captured (2) The table of sections at the beginning of ‘‘(b) CLEARANCE DEADLINE FOR ALL CASES.— and imprisoned by North Vietnamese forces, such chapter is amended by adding at the end Effective October 1, 2002, final action on all some for as long as 20 years. the following new item: cases accepted for consideration by a Correc- (4) The commandos served and fought proudly ‘‘1555. Professional staff.’’. tions Board (other than those cases considered during the Vietnam conflict. (b) EFFECTIVE DATE.—Section 1555 of title 10, suitable for administrative correction) shall be (5) Many of the commandos lost their lives United States Code, as added by subsection (a), completed within 18 months of receipt. serving in operations conducted by the United shall take effect 180 days after the date of the ‘‘(c) WAIVER AUTHORITY.—The Secretary of States during the Vietnam conflict. enactment of this Act. the military department concerned may exclude (6) Many of the Vietnamese commandos now SEC. 543. EX PARTE COMMUNICATIONS. an individual case from the timeliness standards reside in the United States. prescribed in subsections (a) and (b) if the Sec- (a) IN GENERAL.—(1) Chapter 79 of title 10, (b) SENSE OF CONGRESS—Congress recognizes retary determines that the case warrants a United States Code, is amended by adding after and honors the former South Vietnamese com- longer period of consideration. The authority of section 1555, as added by section 542(a)(1), the mandos for their heroism, sacrifice, and service the Secretary of a military department under following new section: in connection with United States armed forces this subsection may not be delegated. during the Vietnam conflict. ‘‘§ 1556. Ex parte communications prohibited ‘‘(d) REPORTS ON FAILURE TO MEET TIMELI- Subtitle E—Administration of Agencies Re- ‘‘(a) IN GENERAL.—The Secretary of each mili- NESS STANDARDS.—The Secretary of the military sponsible for Review and Correction of Mili- tary department shall ensure that an applicant department concerned shall submit to the Com- tary Records seeking corrective action by the Army Review mittee on Armed Services of the Senate and the SEC. 541. PERSONNEL FREEZE. Boards Agency, the Air Force Review Boards Committee on National Security of the House of (a) LIMITATION.—During fiscal years 1999, Agency, or the Board for Correction of Naval Representatives a report not later than June 1 2000, and 2001, the Secretary of a military de- Records, as the case may be, is provided a copy following any fiscal year during which the Cor- partment may not carry out any reduction in of all correspondence and communications (in- rections Board of that Secretary’s military de- the number of military and civilian personnel cluding summaries of verbal communications) to partment was unable to meet the timeliness assigned to duty with the service review agency or from the agency or board, or a member of the standards in subsections (a) and (b). The report for that military department below the baseline staff of the agency or board, with an entity or shall specify the reasons why the standard number for that agency until— person outside the agency or board that pertain could not be met and the corrective actions initi- (1) the Secretary submits to Congress a report directly to the applicant’s case or have a mate- ated to ensure compliance in the future. The re- that describes the reduction proposed to be rial effect on the applicant’s case. port shall also specify the number of waivers made, provides the Secretary’s rationale for that ‘‘(b) EXCEPTIONS.—Subsection (a) does not granted under subsection (c) during that fiscal reduction, and specifies the number of such per- apply to the following: year. sonnel that would be assigned to duty with that ‘‘(1) Classified information. ‘‘(e) CORRECTIONS BOARD DEFINED.—In this agency after the reduction; and ‘‘(2) Information the release of which is other- section, the term ‘Corrections Board’ means— (2) a period of 90 days has elapsed after the wise prohibited by law or regulation. ‘‘(1) with respect to the Department of the date on which such report is submitted. ‘‘(3) Any record previously provided to the ap- Army, the Army Board for Correction of Mili- (b) BASELINE NUMBER.—The baseline number plicant or known to be possessed by the appli- tary Records; for a service review agency under this section cant. ‘‘(2) with respect to the Department of the is— ‘‘(4) Any correspondence that is purely ad- Navy, the Board for Correction of Naval (1) for purposes of the first report with respect ministrative in nature. Records; and to a service review agency under this section, ‘‘(5) Any military record that is (or may be) ‘‘(3) with respect to the Department of the Air the number of military and civilian personnel provided to the applicant by the Secretary of the Force, the Air Force Board for Correction of assigned to duty with that agency as of October military department or other source.’’. Military Records.’’. 1, 1997; and (2) The table of sections at the beginning of (b) CLERICAL AMENDMENT.—The table of sec- (2) for purposes of any subsequent report with such chapter is amended by adding after the tions at the beginning of such chapter is amend- respect to a service review agency under this item relating to 1555, as added by section ed by adding after the item relating to section section, the number of such personnel specified 542(a)(2), the following new item: 1556, as added by section 543(a)(2), the following in the most recent report with respect to that ‘‘1556. Ex parte communications prohibited.’’. new item: agency under this section. (b) EFFECTIVE DATE.—Section 1556 of title 10, ‘‘1557. Timeliness standards for disposition of (c) SERVICE REVIEW AGENCY DEFINED.—In this United States Code, as added by subsection (a), cases before Corrections Boards.’’. section, the term ‘service review agency’ shall apply with respect to correspondence and means— Subtitle F—Other Matters (1) with respect to the Department of the communications made 60 days or more after the SEC. 551. ONE-YEAR EXTENSION OF CERTAIN Army, the Army Review Boards Agency; date of the enactment of this Act. FORCE DRAWDOWN TRANSITION AU- (2) with respect to the Department of the SEC. 544. TIMELINESS STANDARDS. THORITIES RELATING TO PERSON- Navy, the Board for Correction of Naval (a) IN GENERAL.—Chapter 79 of title 10, NEL MANAGEMENT AND BENEFITS. Records; and United States Code, is amended by adding after (a) EARLY RETIREMENT AUTHORITY FOR AC- (3) with respect to the Department of the Air section 1556, as added by section 543(a)(1), the TIVE DUTY MEMBERS.—Section 4403(i) of the Na- Force, the Air Force Review Boards Agency. following new section: tional Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 SEC. 542. PROFESSIONAL STAFF. ‘‘§ 1557. Timeliness standards for disposition note) is amended by striking out ‘‘October 1, (a) IN GENERAL.—(1) Chapter 79 of title 10, of cases before Corrections Boards 1999’’ and inserting in lieu thereof ‘‘October 1, United States Code, is amended by adding at the ‘‘(a) TEN-MONTH CLEARANCE PERCENTAGE.— end the following new section: 2000’’. Of the cases accepted for consideration by a (b) SSB AND VSI.—Sections 1174a(h) and ‘‘§ 1555. Professional staff Corrections Board during a period specified in 1175(d)(3) of title 10, United States Code, are ‘‘(a) The Secretary of each military depart- the following table, the percentage on which amended by striking out ‘‘September 30, 1999’’ ment shall assign to the staff of the service re- final action must be completed within 10 months and inserting in lieu thereof ‘‘September 30, view agency of that military department at least of receipt (other than for those cases considered 2000’’. one attorney and at least one physician. Such suitable for administrative correction) is as fol- (c) SELECTIVE EARLY RETIREMENT BOARDS.— assignments shall be made on a permanent, full- lows: Section 638a(a) of such title is amended by strik- time basis and may be made from members of the ‘‘For cases accepted The percentage on ing out ‘‘during the nine-year period beginning armed forces or civilian employees. during— which final action on October 1, 1990’’ and inserting in lieu thereof ‘‘(b) Personnel assigned pursuant to sub- must be completed ‘‘during the period beginning on October 1, 1990, section (a)— within 10 months of and ending on September 30, 2000’’. ‘‘(1) shall work under the supervision of the receipt is— (d) TIME-IN-GRADE REQUIREMENT FOR RETEN- director or executive director (as the case may the period of fiscal years 2001 and 50 TION OF GRADE UPON VOLUNTARY RETIRE- be) of the service review agency; and 2002. MENT.—Section 1370(a)(2)(A) of such title is May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3523 amended by striking out ‘‘during the nine-year striking out ‘‘during the nine-year period begin- sons dying on or after the date of the enactment period beginning on October 1, 1990’’ and insert- ning on October 1, 1990’’ and inserting in lieu of this Act. ing in lieu thereof ‘‘during the period beginning thereof ‘‘during the period beginning on October SEC. 554. CONTINUED ELIGIBILITY UNDER VOL- on October 1, 1990, and ending on September 30, 1, 1990, and ending on September 30, 2000’’. UNTARY SEPARATION INCENTIVE 2000’’. (k) FORCE REDUCTION TRANSITION PERIOD PROGRAM FOR MEMBERS WHO IN- (e) LENGTH OF COMMISSIONED SERVICE FOR DEFINITION.—Section 4411 of the National De- VOLUNTARILY LOSE MEMBERSHIP IN VOLUNTARY RETIREMENT AS AN OFFICER.—Sec- fense Authorization Act for Fiscal Year 1993 (10 A RESERVE COMPONENT. tions 3911(b), 6323(a)(2), and 8911(b) of such title U.S.C. 12681 note) is amended by striking out (a) CONTINUED ELIGIBILITY.—Section 1175(a) are amended by striking out ‘‘during the nine- ‘‘September 30, 1999’’ and inserting in lieu there- of title 10, United States Code, is amended by in- year period beginning on October 1, 1990’’ and of ‘‘September 30, 2000’’. serting before the period at the end ‘‘, or for the inserting in lieu thereof ‘‘during the period be- (l) TEMPORARY SPECIAL AUTHORITY FOR period described in section 1175(e)(1) of this sec- ginning on October 1, 1990, and ending on Sep- FORCE REDUCTION PERIOD RETIREMENTS.—Sec- tion if the member becomes ineligible for reten- tember 30, 2000’’. tion 4416(b)(1) of the National Defense Author- tion in an active or inactive status in a reserve (f) RETIREMENT OF CERTAIN LIMITED DUTY ization Act for Fiscal Year 1993 (10 U.S.C. 12681 component because of age, years of service, fail- OFFICERS OF THE NAVY AND MARINE CORPS.—(1) note) is amended by striking out ‘‘October 1, ure to select for promotion, or medical disquali- Sections 633 and 634 of such title are amended 1999’’ and inserting in lieu thereof ‘‘October 1, fication, so long as such ineligibility does not re- by striking out ‘‘October 1, 1999’’ in the last sen- 2000’’. sult from deliberate action on the part of the tence and inserting in lieu thereof ‘‘October 1, (m) RETIRED PAY FOR NON-REGULAR SERV- member with the intent to avoid retention in an 2000’’. ICE.—(1) Section 12731(f) of title 10, United active or inactive status in a reserve compo- (2) Section 6383 of such title is amended— States Code, is amended by striking out ‘‘Sep- nent.’’. (A) in subsection (a)(5), by striking out ‘‘Octo- tember 30, 1999’’ and inserting in lieu thereof (b) EFFECTIVE DATE.—The amendment made ber 1, 1999’’ and inserting in lieu thereof ‘‘Octo- ‘‘September 30, 2000’’. by subsection (a) applies with respect to any ber 1, 2000’’; and (2) Section 12731a of such title is amended in person provided a voluntary separation incen- (B) in subsection (k), by striking out ‘‘October subsections (a)(1)(B) and (b), by striking out tive under section 1175 of title 10, United States 1, 1999’’ in the last sentence and inserting in ‘‘October 1, 1999’’ and inserting in lieu thereof Code (whether before, on, or after the date of lieu thereof ‘‘October 1, 2000’’. ‘‘October 1, 2000’’. the enactment of this Act). (g) TRAVEL AND TRANSPORTATION ALLOW- (n) AFFILIATION WITH GUARD AND RESERVE SEC. 555. DEFINITION OF FINANCIAL INSTITU- ANCES AND STORAGE OF BAGGAGE AND HOUSE- UNITS; WAIVER OF CERTAIN LIMITATIONS.—Sec- TION FOR DIRECT DEPOSIT OF PAY. HOLD EFFECTS FOR CERTAIN MEMBERS BEING IN- tion 1150(a) of such title is amended by striking (a) SERVICEMEMBERS REIMBURSEMENT FOR EX- VOLUNTARILY SEPARATED.—Sections 404(c)(1)(C), out ‘‘during the nine-year period beginning on PENSES DUE TO GOVERNMENT ERROR.—Para- 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) October 1, 1990’’ and inserting in lieu thereof graph (1) of section 1053(d) of title 10, United of title 37, United States Code, and section ‘‘during the period beginning on October 1, 1990, States Code, is amended to read as follows: 503(c) of the National Defense Authorization and ending on September 30, 2000’’. ‘‘(1) The term ‘financial institution’ means a Act for Fiscal Year 1991 (Public Law 101–510; 37 (o) RESERVE MONTGOMERY GI BILL.—Section bank, savings and loan association, or similar U.S.C. 406 note) are amended by striking out 16133(b)(1)(B) of such title is amended by strik- institution or a credit union chartered by the ‘‘during the nine-year period beginning on Oc- ing out ‘‘September 30, 1999’’ and inserting in United States or a State.’’. tober 1, 1990’’ and inserting in lieu thereof ‘‘dur- lieu thereof ‘‘September 30, 2000’’. (b) CIVILIAN EMPLOYEES REIMBURSEMENT FOR ing the period beginning on October 1, 1990, and SEC. 552. LEAVE WITHOUT PAY FOR ACADEMY CA- EXPENSES DUE TO GOVERNMENT ERROR.—Para- ending on September 30, 2000’’. DETS AND MIDSHIPMEN. graph (1) of section 1594(d) of such title is (h) EDUCATIONAL LEAVE RELATING TO CON- (a) AUTHORITY FOR LEAVE WITHOUT PAY.— amended to read as follows: TINUING PUBLIC AND COMMUNITY SERVICE.—Sec- Section 702 of title 10, United States Code, is ‘‘(1) The term ‘financial institution’ means a tion 4463(f) of the National Defense Authoriza- amended by adding at the end the following bank, savings and loan association, or similar tion Act for Fiscal Year 1993 (Public Law 102– new subsection: institution or a credit union chartered by the 484; 10 U.S.C. 1143a note) is amended by striking ‘‘(c)(1) The Secretary concerned may place an United States or a State.’’. out ‘‘September 30, 1999’’ and inserting in lieu academy cadet or midshipman on involuntary SEC. 556. INCREASE IN MAXIMUM AMOUNT FOR thereof ‘‘September 30, 2000’’. leave without pay if, under regulations pre- COLLEGE FUND PROGRAM. (i) TRANSITIONAL HEALTH, COMMISSARY, AND scribed by the Secretary concerned, the Super- (a) INCREASE IN MAXIMUM RATE FOR ACTIVE FAMILY HOUSING BENEFITS.— intendent of the Academy at which the cadet or COMPONENT MONTGOMERY GI BILL KICKER.— (1) HEALTH CARE.—Section 1145 of title 10, midshipman is admitted— Section 3015(d) of title 38, United States Code, is United States Code, is amended— ‘‘(A) has recommended that the cadet or mid- amended— (A) in subsections (a)(1) and (c)(1), by striking shipman be dismissed or discharged; out ‘‘during the nine-year period beginning on (1) by inserting ‘‘, at the time the individual ‘‘(B) has directed the cadet or midshipman re- first becomes a member of the Armed Forces,’’ October 1, 1990’’ and inserting in lieu thereof turn to the Academy to repeat an academic se- ‘‘during the period beginning on October 1, 1990, after ‘‘Secretary of Defense, may’’; and mester or year; (2) by striking out ‘‘$400’’ and all that follows and ending on September 30, 2000’’; and ‘‘(C) has otherwise recommended to the Sec- through ‘‘that date’’ and inserting in lieu there- (B) in subsection (e), by striking out ‘‘during retary for good cause that the cadet or mid- of ‘‘$950 per month’’. the five-year period beginning on October 1, shipman be placed on involuntary leave without (b) EFFECTIVE DATE.—The amendment made 1994’’ and inserting in lieu thereof ‘‘during the pay. by subsection (a) shall take effect on October 1, period beginning on October 1, 1994, and ending ‘‘(2) In this subsection, the term ‘academy 1999, and shall apply with respect to individuals on September 30, 2000’’. cadet or midshipman’ means— who first become members of the Armed Forces (2) COMMISSARY AND EXCHANGE BENEFITS.— ‘‘(A) a cadet of the United States Military on or after that date. Section 1146 of such title is amended— Academy; (A) by striking out ‘‘during the nine-year pe- ‘‘(B) a midshipman of the United States Naval SEC. 557. CENTRAL IDENTIFICATION LABORA- riod beginning on October 1, 1990’’ and inserting Academy; TORY, HAWAII. in lieu thereof ‘‘during the period beginning on ‘‘(C) a cadet of the United States Air Force (a) SENSE OF CONGRESS.—It is the sense of October 1, 1990, and ending on September 30, Academy; or Congress that the Central Identification Lab- 2000’’; and ‘‘(D) a cadet of the United States Coast Guard oratory, Hawaii, of the Department of the Army (B) by striking out ‘‘during the five-year pe- Academy.’’. is an important element of the Department of riod beginning on October 1, 1994’’ and inserting (b) EFFECTIVE DATE.—Subsection (c) of sec- Defense and is critical to the full accounting of in lieu thereof ‘‘during the period beginning on tion 702 of title 10, United States Code, as added members of the Armed Forces who have been October 1, 1994, and ending on September 30, by subsection (a), shall apply with respect to classified as POW/MIAs or are otherwise unac- 2000’’. academy cadets and midshipmen (as defined in counted for. (3) USE OF MILITARY HOUSING.—Section that subsection) who are placed on involuntary (b) REQUIRED STAFFING LEVEL.—The Sec- 1147(a) of such title is amended— leave after the date of the enactment of this Act. retary of Defense shall provide sufficient per- (A) in paragraph (1), by striking out ‘‘during SEC. 553. PROVISION FOR RECOVERY, CARE, AND sonnel to fill all authorized personnel positions the nine-year period beginning on October 1, DISPOSITION OF THE REMAINS OF of the Central Identification Laboratory, Ha- 1990’’ and inserting in lieu thereof ‘‘during the ALL MEDICALLY RETIRED MEMBERS. waii, Department of the Army. Those personnel period beginning on October 1, 1990, and ending (a) IN GENERAL.—Section 1481(a) of title 10, shall be drawn from members of the Army, on September 30, 2000’’; and United States Code, is amended— Navy, Air Force, and Marine Corps and from ci- (B) in paragraph (2), by striking out ‘‘during (1) in paragraph (1), by striking out ‘‘, or vilian personnel, as appropriate, considering the the five-year period beginning on October 1, member of an armed force without component,’’; proportion of POW/MIAs from each service. 1994’’ and inserting in lieu thereof ‘‘during the and (c) JOINT MANNING PLAN.—The Secretary of period beginning on October 1, 1994, and ending (2) in paragraph (7)— Defense shall develop and implement, not later on September 30, 2000’’. (A) by striking out ‘‘United States’’; and than March 31, 2000, a joint manning plan to (j) ENROLLMENT OF DEPENDENTS IN DEFENSE (B) by striking out ‘‘for a period of more than ensure the appropriate participation of the four DEPENDENTS’ EDUCATION SYSTEM.—Section 30 days,’’. services in the staffing of the Central Identifica- 1407(c)(1) of the Defense Dependents’ Education (b) EFFECTIVE DATE.—The amendments made tion Laboratory, Hawaii, as required by sub- Act of 1978 (20 U.S.C. 926(c)(1)) is amended by by subsection (a)(2) apply with respect to per- section (b). H3524 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(d) LIMITATION ON REDUCTIONS.—The Sec- (2) The table of sections at the beginning of proximately 500 prisoners from the United States retary of the Army may not carry out any per- such chapter is amended by adding at the end Disciplinary Barracks, Fort Leavenworth, Kan- sonnel reductions (in authorized or assigned the following new item: sas, to the Federal Bureau of Prisons. personnel) at the Central Identification Labora- ‘‘12552. Funeral honor guard functions: prohibi- (b) MATTERS TO BE INCLUDED.—The Secretary tory, Hawaii, until the joint manning plan re- tion of treatment as drill or train- shall include in the report the following: quired by subsection (c) is implemented. ing.’’. (1) A description of the basis for the selection SEC. 558. HONOR GUARD DETAILS AT FUNERALS (c) REPEAL OF LIMITATION ON AVAILABILITY of prisoners to be transferred, particularly in OF VETERANS. OF FUNDS FOR HONOR GUARD FUNCTIONS BY NA- light of the fact that many of the prisoners (a) IN GENERAL.—(1) Chapter 75 of title 10, TIONAL GUARD.—Section 114 of title 32, United transferred are minimum or medium security United States Code, is amended by adding at the States Code, is amended— prisoners, who are considered to have the best end the following new section: (1) by striking out ‘‘(a)’’; and chance for rehabilitation, and whether the ‘‘§ 1491. Honor guard details at funerals of (2) by striking out subsection (b). transfer of those prisoners indicates a change in veterans (d) APPLICABILITY.—The amendments made by Department of Defense policy regarding the re- ‘‘(a) AVAILABILITY.—The Secretary of a mili- this section shall apply to burials of veterans habilitation of military prisoners. tary department shall, upon request, provide an that occur on or after October 1, 1999. (2) A comparison of the historical recidivism honor guard detail (or ensure that an honor (e) STUDY.—The Secretary of Defense, in co- rates of prisoners released from the United guard detail is provided) for the funeral of any ordination with the Secretary of Veterans Af- States Disciplinary Barracks and the Federal veteran. fairs, shall study alternative means for the pro- Bureau of Prisons, together with a description ‘‘(b) COMPOSITION OF HONOR GUARD DE- vision of honor guard details at funerals of vet- of any plans of the Army to track the parole TAILS.—The Secretary of each military depart- erans. Not later than March 31, 1999, the Sec- and recidivism rates of prisoners transferred to ment shall ensure that an honor guard detail retary shall submit to the Committee on Armed the Federal Bureau of Prisons and whether it for the funeral of a veteran consists of not less Services of the Senate and the Committee on Na- has tracked those factors for previous transfer- than three persons and (unless a bugler is part tional Security of the House of Representatives ees. of the detail) has the capability to play a re- a report setting forth the results of the study (3) A description of the projected future flow corded version of Taps. and the Secretary’s views and recommendations. of prisoners into the new United States Discipli- ‘‘(c) PERSONS FORMING HONOR GUARDS.—An (f) CONSULTATION WITH VETERANS SERVICE nary Barracks being constructed at Fort Leav- honor guard detail may consist of members of ORGANIZATIONS.—Before prescribing the initial enworth, Kansas, and whether the Secretary of the armed forces or members of veterans organi- regulations under section 1491 of title 10, United the Army plans to automatically send new pris- zations or other organizations approved for pur- States Code, as added by subsection (a), the Sec- oners to the Federal Bureau of Prisons without poses of this section under regulations pre- retary of Defense shall consult with veterans serving at the United States Disciplinary Bar- scribed by the Secretary of Defense. The Sec- service organizations to determine the views of racks if that Barracks is at capacity and wheth- retary of a military department may provide those organizations regarding methods for pro- er the Memorandum of Understanding between transportation, or reimbursement for transpor- viding honor guard details at funerals for veter- the Federal Bureau of Prisons and the Army tation, and expenses for a person who partici- ans, suggestions for organizing the system to covers that possibility. pates in an honor guard detail under this sec- provide those details, and estimates of the re- (4) A description of the cost of incarcerating a tion and is not a member of the armed forces or sources that those organizations could provide prisoner in the Federal Bureau of Prisons com- an employee of the United States. for honor guard details for veterans. ‘‘(d) REGULATIONS.—The Secretary of Defense pared to the United States Disciplinary Bar- shall by regulation establish a system for selec- SEC. 559. APPLICABILITY TO ALL PERSONS IN racks and the assessment of the Secretary as to CHAIN OF COMMAND OF POLICY RE- the extent to which the transfer of prisoners to tion of units of the armed forces and other orga- QUIRING EXEMPLARY CONDUCT BY nizations to provide honor guard details. The the Federal Bureau of Prisons by the Secretary COMMANDING OFFICERS AND OTH- of the Army is made in order to shift a budg- system shall place an emphasis on balancing the ERS IN AUTHORITY IN THE ARMED funeral detail workload among the units and or- FORCES. etary burden. ganizations providing honor guard details in an (a) IN GENERAL.—(1) Chapter 3 of title 10, (c) MONITORING.—During fiscal years 1999 equitable manner as they are able to respond to United States Code, is amended by inserting through 2003, the Secretary of the Army shall requests for such details in terms of geographic after section 121 the following new section: track the parole and recidivism rates of pris- oners transferred from the United States Dis- proximity and available resources. The Sec- ‘‘§ 121a. Requirement of exemplary conduct by ciplinary Barracks, Fort Leavenworth, Kansas, retary shall provide in such regulations that the civilians in chain of command to the Federal Bureau of Prisons. armed force in which a veteran served shall not ‘‘The President, as Commander in Chief, and be considered to be a factor when selecting the the Secretary of Defense are required (in the SEC. 561. REPORT ON PROCESS FOR SELECTION military unit or other organization to provide an OF MEMBERS FOR SERVICE ON same manner that commanding officers and oth- COURTS-MARTIAL. honor guard detail for the funeral of the vet- ers in authority in the Armed Forces are re- (a) REPORT REQUIRED.—Not later than April eran. quired)— ‘‘(e) ANNUAL REPORT.—The Secretary of De- 15, 1999, the Secretary of Defense shall submit to ‘‘(1) to show in themselves a good example of fense shall submit to the Committee on Armed Congress a report on the method of selection of virtue, honor, and patriotism and to subordinate Services of the Senate and the Committee on Na- members of the Armed Forces to serve on courts- themselves to those ideals; tional Security of the House of Representatives martial. ‘‘(2) to be vigilant in inspecting the conduct of a report not later than January 31 of each year all persons who are placed under their com- (b) MATTERS TO BE CONSIDERED.—In prepar- beginning with 2001 and ending with 2005 on the mand; ing the report, the Secretary shall— experience of the Department of Defense under ‘‘(3) to guard against and to put an end to all (1) direct the Secretaries of the military de- this section. Each such report shall provide data dissolute and immoral practices and to correct, partments to develop a plan for random selec- on the number of funerals supported under this according to the laws and regulations of the tion of members of courts-martial , subject to the section, cost for that support, shown by man- armed forces, all persons who are guilty of provisions relating to service on courts-martial power and other cost factors, and the number them; and specified in section 825(d)(2) of title 10, United and costs of funerals supported by each partici- ‘‘(4) to take all necessary and proper meas- States Code (article 25(d)(2) of the Uniform Code pating organization. The data in the report ures, under the laws, regulations, and customs of Military Justice), as a possible replacement shall be presented in a standard format, regard- of the armed forces, to promote and safeguard for the current system of selection by the con- less of military department or other organiza- the morale, the physical well-being, and the vening authority; and tion. general welfare of the officers and enlisted per- (2) obtain the views of the members of the ‘‘(f) VETERAN DEFINED.—In this section, the committee referred to in section 946 of such title term ‘veteran’ has the meaning given that term sons under their command or charge.’’. LERICAL AMENDMENT.—The table of sec- (known as the ‘‘Code Committee’’). in section 101(2) of title 38.’’. (b) C (2) The table of sections at the beginning of tions at the beginning of such chapter is amend- SEC. 562. STUDY OF REVISING THE TERM OF such chapter is amended by adding at the end ed by inserting after the item relating to section SERVICE OF MEMBERS OF THE the following new item: 121 the following new item: UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES. ‘‘1491. Honor guard details at funerals of veter- ‘‘121a. Requirement of exemplary conduct by ci- Not later than April 15, 1999, the Secretary of ans.’’. vilians in chain of command.’’. Defense shall submit to Congress a report on the (b) TREATMENT OF PERFORMANCE OF HONOR SEC. 560. REPORT ON PRISONERS TRANSFERRED FROM UNITED STATES DISCIPLI- desirability of revising the term of appointment GUARD FUNCTIONS BY RESERVES.—(1) Chapter NARY BARRACKS, FORT LEAVEN- of judges of the United States Court of Appeals 1215 of title 10, United States Code, is amended WORTH, KANSAS, TO FEDERAL BU- for the Armed Forces so that the term of a judge by adding at the end the following new section: REAU OF PRISONS. on that court is for a period of 15 years or until ‘‘§ 12552. Funeral honor guard functions: pro- (a) REPORT.—Not later than 90 days after the the judge attains the age of 65, whichever is hibition of treatment as drill or training date of the enactment of this Act, the Secretary later. In preparing the report, the Secretary ‘‘Performance by a Reserve of honor guard of Defense shall submit to Congress a report, to shall obtain the view of the members of the com- functions at the funeral of a veteran may not be be prepared by the General Counsel of the De- mittee referred to in section 946 of title 10, considered to be a period of drill or training oth- partment of Defense, concerning the decision of United States Code, (known as the ‘‘Code Com- erwise required.’’. the Secretary of the Army in 1994 to transfer ap- mittee’’). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3525 SEC. 563. STATUS OF CADETS AT THE MERCHANT (1) by redesignating subsections (e) and (f) as SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BO- MARINE ACADEMY. subsections (f) and (g), respectively; and NUSES AND SPECIAL PAY AUTHORI- (a) STATUS OF CADETS.—Any citizen of the (2) by inserting after subsection (d) the follow- TIES FOR NURSE OFFICER CAN- DIDATES, REGISTERED NURSES, AND United States appointed as a cadet at the ing new subsection: United States Merchant Marine Academy shall NURSE ANESTHETISTS. ‘‘(e) SPECIAL RULE FOR CERTAIN ENLISTED RE- be considered to be a member of the United (a) NURSE OFFICER CANDIDATE ACCESSION SERVE MEMBERS.—Unless entitled to basic pay PROGRAM.—Section 2130a(a)(1) of title 10, States Naval Reserve. under section 204 of this title, an enlisted mem- (b) ELIGIBILITY.—The Secretary of Defense United States Code, is amended by striking out ber of a reserve component may receive, at the shall provide that cadets of the United States ‘‘September 30, 1999’’ and inserting in lieu there- discretion of the Secretary concerned, rations in Merchant Marine Academy shall be issued an of ‘‘September 30, 2000’’. kind, or a part thereof, when the member’s in- identification card (referred to as a ‘‘military ID (b) ACCESSION BONUS FOR REGISTERED struction or duty periods, as described in section card’’) and shall be entitled to all rights and NURSES.—Section 302d(a)(1) of title 37, United 206(a) of this title, total at least eight hours in privileges in accordance with the same eligibility States Code, is amended by striking out ‘‘Sep- a calendar day. The Secretary concerned may criteria as apply to other members of the Ready tember 30, 1999’’ and inserting in lieu thereof provide an enlisted member who could be pro- Reserve of the reserve components of the Armed ‘‘September 30, 2000’’. vided rations in kind under the preceding sen- Forces. (c) INCENTIVE SPECIAL PAY FOR NURSE ANES- tence with a commutation when rations in kind (c) COORDINATION WITH SECRETARY OF TRANS- THETISTS.—Section 302e(a)(1) of title 37, United are not available.’’. PORTATION.—The Secretary of Defense shall States Code, is amended by striking out ‘‘Sep- (b) APPLICATION DURING TRANSITIONAL PE- carry out this section in coordination with the tember 30, 1999’’ and inserting in lieu thereof RIOD.—Section 602(d)(1) of the National Defense Secretary of Transportation. ‘‘September 30, 2000’’. Authorization Act for Fiscal Year 1998 (Public TITLE VI—COMPENSATION AND OTHER SEC. 613. ONE-YEAR EXTENSION OF AUTHORITIES PERSONNEL BENEFITS Law 105–85; 37 U.S.C. 402 note) is amended by adding at the end the following new subpara- RELATING TO PAYMENT OF OTHER Subtitle A—Pay and Allowances BONUSES AND SPECIAL PAYS. graph: SEC. 601. INCREASE IN BASIC PAY FOR FISCAL (a) AVIATION OFFICER RETENTION BONUS.— ‘‘(D) SPECIAL RULE FOR CERTAIN ENLISTED RE- YEAR 1999. Section 301b(a) of title 37, United States Code, is SERVE MEMBERS.—Unless entitled to basic pay (a) WAIVER OF SECTION 1009 ADJUSTMENT.— amended by striking out ‘‘September 30, 1999,’’ under section 204 of title 37, United States Code, Except as provided in subsection (b), the adjust- and inserting in lieu thereof ‘‘September 30, an enlisted member of a reserve component (as ment, to become effective during fiscal year 1999, 2000,’’. defined in section 101(24) of such title) may re- required by section 1009 of title 37, United States (b) REENLISTMENT BONUS FOR ACTIVE MEM- ceive, at the discretion of the Secretary con- Code, in the rate of monthly basic pay author- BERS.—Section 308(g) of title 37, United States cerned (as defined in section 101(5) of such ized members of the uniformed services by sec- Code, is amended by striking out ‘‘September 30, title), rations in kind, or a part thereof, when tion 203(a) of such title shall not be made. 1999’’ and inserting in lieu thereof ‘‘September the member’s instruction or duty periods (as de- (b) INCREASE IN BASIC PAY.—Effective on Jan- 30, 2000’’. scribed in section 206(a) of such title) total at uary 1, 1999, the rates of basic pay of members (c) ENLISTMENT BONUSES FOR MEMBERS WITH least eight hours in a calendar day. The Sec- of the uniformed services shall be increased by CRITICAL SKILLS.—Sections 308a(c) and 308f(c) retary concerned may provide an enlisted mem- the greater of— of title 37, United States Code, are each amend- ber who could be provided rations in kind under (1) 3.6 percent; or ed by striking out ‘‘September 30, 1999’’ and in- (2) the percentage increase determined under the preceding sentence with a commutation serting in lieu thereof ‘‘September 30, 2000’’. subsection (c) of section 1009 of title 37, United when rations in kind are not available.’’. States Code, by which the monthly basic pay of (d) SPECIAL PAY FOR NUCLEAR QUALIFIED OF- Subtitle B—Bonuses and Special and FICERS EXTENDING PERIOD OF ACTIVE SERV- members would be adjusted under subsection (a) Incentive Pays of that section on that date in the absence of ICE.—Section 312(e) of title 37, United States subsection (a) of this section. SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BO- Code, is amended by striking out ‘‘September 30, NUSES AND SPECIAL PAY AUTHORI- 1999’’ and inserting in lieu thereof ‘‘September SEC. 602. BASIC ALLOWANCE FOR HOUSING OUT- TIES FOR RESERVE FORCES. SIDE THE UNITED STATES. 30, 2000’’. (a) PAYMENT OF CERTAIN EXPENSES RELATED (a) SPECIAL PAY FOR HEALTH PROFESSIONALS (e) NUCLEAR CAREER ACCESSION BONUS.—Sec- TO OVERSEAS HOUSING.—Section 403(c) of title IN CRITICALLY SHORT WARTIME SPECIALTIES.— tion 312b(c) of title 37, United States Code, is 37, United States Code, is amended by adding at Section 302g(f) of title 37, United States Code, is amended by striking out ‘‘September 30, 1999’’ the end the following new paragraph: amended by striking out ‘‘September 30, 1999’’ and inserting in lieu thereof ‘‘September 30, ‘‘(3)(A) In the case of a member of the uni- and inserting in lieu thereof ‘‘September 30, 2000’’. formed services authorized to receive an allow- 2000’’. (f) NUCLEAR CAREER ANNUAL INCENTIVE ance under paragraph (1), the Secretary con- (b) SELECTED RESERVE REENLISTMENT BONUS.—Section 312c(d) of title 37, United cerned may make a lump-sum payment to the BONUS.—Section 308b(f) of title 37, United States States Code, is amended by striking out ‘‘Octo- member for required deposits and advance rent, Code, is amended by striking out ‘‘September 30, ber 1, 1999’’ and inserting in lieu thereof ‘‘Octo- and for expenses relating thereto, that are— 1999’’ and inserting in lieu thereof ‘‘September ber 1, 2000’’. ‘‘(i) incurred by the member in occupying pri- 30, 2000’’. SEC. 614. AVIATION CAREER INCENTIVE PAY AND vate housing outside of the United States; and (c) SELECTED RESERVE ENLISTMENT BONUS.— AVIATION OFFICER RETENTION ‘‘(ii) authorized or approved under regula- Section 308c(e) of title 37, United States Code, is BONUS. tions prescribed by the Secretary concerned. amended by striking out ‘‘September 30, 1999’’ (a) DEFINITION OF AVIATION SERVICE.—(1) ‘‘(B) Expenses for which a member may be re- and inserting in lieu thereof ‘‘September 30, Section 301a(a)(6) of title 37, United States Code, imbursed under this paragraph may include 2000’’. is amended— losses relating to housing that are sustained by (d) SPECIAL PAY FOR ENLISTED MEMBERS AS- (A) by redesignating subparagraphs (A), (B), the member as a result of fluctuations in the rel- SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Sec- and (C) as subparagraphs (B), (C), and (D), re- ative value of the currencies of the United tion 308d(c) of title 37, United States Code, is spectively; and States and the foreign country in which the amended by striking out ‘‘September 30, 1999’’ (B) by inserting before subparagraph (B) (as housing is located. and inserting in lieu thereof ‘‘September 30, so redesignated) the following new subpara- ‘‘(C) The Secretary concerned shall recoup the 2000’’. graph: full amount of any deposit or advance rent pay- (e) SELECTED RESERVE AFFILIATION BONUS.— ments made by the Secretary under subpara- ‘‘(A) The term ‘aviation service’ means service Section 308e(e) of title 37, United States Code, is graph (A), including any gain resulting from performed by an officer (except a flight surgeon amended by striking out ‘‘September 30, 1999’’ currency fluctuations between the time of pay- or other medical officer) while holding an aero- and inserting in lieu thereof ‘‘September 30, ment and the time of recoupment.’’. nautical rating or designation or while in train- (b) CONFORMING AMENDMENT.—Section 405 of 2000’’. ing to receive an aeronautical rating or designa- title 37, United States Code, is amended by strik- (f) READY RESERVE ENLISTMENT AND REEN- tion.’’. ing out subsection (c). LISTMENT BONUS.—Section 308h(g) of title 37, (2) Section 301b(j) of such title is amended by (c) RETROACTIVE APPLICATION.—The reim- United States Code, is amended by striking out striking out paragraph (1) and inserting in lieu bursement authority provided by section ‘‘September 30, 1999’’ and inserting in lieu there- thereof the following new paragraph: 403(c)(3)(B) of title 37, United States Code, as of ‘‘September 30, 2000’’. ‘‘(1) The term ‘aviation service’ means service added by subsection (a), applies with respect to (g) PRIOR SERVICE ENLISTMENT BONUS.—Sec- performed by an officer (except a flight surgeon losses relating to housing that are sustained, on tion 308i(f) of title 37, United States Code, is or other medical officer) while holding an aero- or after July 1, 1997, by a member of the uni- amended by striking out ‘‘September 30, 1999’’ nautical rating or designation or while in train- formed services as a result of fluctuations in the and inserting in lieu thereof ‘‘September 30, ing to receive an aeronautical rating or designa- relative value of the currencies of the United 2000’’. tion.’’. States and the foreign country in which the (h) REPAYMENT OF EDUCATION LOANS FOR (b) AMOUNT OF INCENTIVE PAY.—Subsection housing is located. CERTAIN HEALTH PROFESSIONALS WHO SERVE IN (b) of section 301a of such title is amended to SEC. 603. BASIC ALLOWANCE FOR SUBSISTENCE THE SELECTED RESERVE.—Section 16302(d) of read as follows: FOR RESERVES. title 10, United States Code, is amended by strik- ‘‘(b)(1) A member who satisfies the require- (a) IN GENERAL.—Section 402 of title 37, ing out ‘‘October 1, 1999’’ and inserting in lieu ments described in subsection (a) is entitled to United States Code, is amended— thereof ‘‘October 1, 2000’’. monthly incentive pay as follows: H3526 CONGRESSIONAL RECORD — HOUSE May 20, 1998 ‘‘Years of aviation Monthly rate SEC. 619. EQUITABLE TREATMENT OF RESERVES title, such an election is effective on the first service (including ELIGIBLE FOR SPECIAL PAY FOR day of the first month which begins after the flight training) as an DUTY SUBJECT TO HOSTILE FIRE OR date of the court order or filing involved (in the officer: IMMINENT DANGER. same manner as provided under section 2 or less ...... $125 Section 310(b) of title 37, United States Code, 1450(f)(3)(D) of this title)’’. is amended— Over 2 ...... $156 (b) EFFECTIVE DATE.—The amendment made (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Over 3 ...... $188 by subsection (a) shall apply to elections under (2) by adding at the end the following new Over 4 ...... $206 section 1448(b)(3) of title 10, United States Code, Over 6 ...... $650 paragraph: ‘‘(2) A member of a reserve component who is that are received by the Secretary concerned on Over 14 ...... $840 or after the date of the enactment of this Act. Over 22 ...... $585 eligible for special pay under this section for a Over 23 ...... $495 month shall receive the full amount authorized Subtitle E—Other Matters Over 24 ...... $385 in subsection (a) for that month regardless of SEC. 651. DELETION OF CANAL ZONE FROM DEFI- Over 25 ...... $250 the number of days during that month on which NITION OF UNITED STATES POSSES- the member satisfies the eligibility criteria speci- SIONS FOR PURPOSES OF PAY AND ‘‘(2) An officer in a pay grade above O–6 is en- fied in such subsection.’’. ALLOWANCES. titled, until the officer completes 25 years of Section 101(2) of title 37, United States Code, aviation service, to be paid at the rates set forth Subtitle C—Travel and Transportation is amended by striking ‘‘the Canal Zone,’’. in the table in paragraph (1), except that— Allowances ‘‘(A) an officer in pay grade O–7 may not be SEC. 631. EXCEPTION TO MAXIMUM WEIGHT AL- SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS. paid at a rate greater than $200 a month; and LOWANCE FOR BAGGAGE AND Section 1006(e) of title 37, United States Code, ‘‘(B) an officer in pay grade O–8 or above may HOUSEHOLD EFFECTS. is amended— not be paid at a rate greater than $206 a month. Section 406(b)(1)(D) of title 37, United States (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and Code, is amended in the second sentence by in- ‘‘(3) For a warrant officer with over 22, 23, 24, (2) by adding at the end the following new serting before the period the following: ‘‘, unless or 25 years of aviation service who is qualified paragraph: under subsection (a), the rate prescribed in the the additional weight allowance in excess of such maximum is intended to permit the ship- ‘‘(2) Obligations and expenditures incurred for table in paragraph (1) for officers with over 14 an advance payment under this section may not years of aviation service shall continue to apply ping of consumables that cannot be reasonably obtained at the new station of the member’’. be included in any determination of amounts to the warrant officer.’’. available for obligation or expenditure except in (c) REFERENCES TO AVIATION SERVICE.—(1) SEC. 632. TRAVEL AND TRANSPORTATION ALLOW- the fiscal year in which the advance payment is Section 301a of such title is further amended— ANCES FOR TRAVEL PERFORMED BY MEMBERS IN CONNECTION WITH ultimately earned and such obligations and ex- (A) in subsection (a)(4)— penditures shall be accounted for only in such (i) by striking out ‘‘22 years of the officer’s REST AND RECUPERATIVE LEAVE FROM OVERSEAS STATIONS. fiscal year.’’. service as an officer’’ and inserting in lieu (a) PROVISION OF TRANSPORTATION.—Section thereof ‘‘22 years of aviation service of the offi- SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE 411c of title 37, United States Code, is amended COSTS WHEN MOTOR VEHICLE cer’’; and by striking out subsection (b) and inserting in TRANSPORTED AT GOVERNMENT EX- (ii) by striking out ‘‘25 years of service as an lieu thereof the following new subsection: PENSE IS LATE. officer (as computed under section 205 of this ‘‘(b) When the transportation authorized by (a) TRANSPORTATION IN CONNECTION WITH title)’’ and inserting in lieu thereof ‘‘25 years of subsection (a) is provided by the Secretary con- CHANGE OF PERMANENT STATION.—Section 2634 aviation service’’; and cerned, the Secretary may use Government or of title 10, United States Code, is amended— (B) in subsection (d), by striking out ‘‘sub- commercial carriers. The Secretary concerned (1) by redesignating subsection (g) as sub- section (b)(1) or (2), as the case may be, for the may limit the amount of payments made to mem- section (h); and performance of that duty by a member of cor- bers under subsection (a).’’. responding years of aviation or officer service, (2) by inserting after subsection (f) the follow- (b) CLERICAL AMENDMENTS.—(1) The heading as appropriate,’’ and inserting in lieu thereof ing new subsection: of such section is amended to read as follows: ‘‘subsection (b) for the performance of that duty ‘‘(g) If a motor vehicle of a member (or a de- by a member with corresponding years of avia- ‘‘§ 411c. Travel and transportation allow- pendent of the member) that is transported at tion service’’. ances: travel performed in connection with the expense of the United States under this sec- (2) Section 301b(b)(5) of such title is amended rest and recuperative leave from certain tion does not arrive at the authorized destina- by striking out ‘‘active duty’’ and inserting in stations in foreign countries’’. tion of the vehicle by the designated delivery lieu thereof ‘‘aviation service’’. date, the Secretary concerned shall reimburse (2) The item relating to such section in the (d) CONFORMING AMENDMENT.—Section 615 of the member for expenses incurred after that date table of sections at the beginning of chapter 7 of the National Defense Authorization Act for Fis- to rent a motor vehicle for the member’s use, or such title is amended to read as follows: cal Year 1998 (Public Law 105–85; 111 Stat. 1787) for the use of the dependent for whom the de- is repealed. ‘‘411c. Travel and transportation allowances: layed vehicle was transported. However, the travel performed in connection amount reimbursed shall not exceed $30 per day, SEC. 615. SPECIAL PAY FOR DIVING DUTY. with rest and recuperative leave and the rental period for which reimbursement Section 304(a) of title 37, United States Code, from certain stations in foreign may be provided shall expire after seven days or is amended— countries.’’. on the date on which the delayed vehicle finally (1) by inserting ‘‘or’’ at the end of paragraph arrives at the authorized destination (whichever (1); SEC. 633. STORAGE OF BAGGAGE OF CERTAIN DE- PENDENTS. occurs first).’’. (2) in paragraph (2), by striking out ‘‘by fre- RANSPORTATION IN CONNECTION WITH quent and regular dives; and’’ and inserting in Section 430(b) of title 37, United States Code, (b) T OTHER MOVES.—Section 406(h) of title 37, lieu thereof a period; and is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and United States Code, is amended by adding at the (3) by striking out paragraph (3). (2) by adding at the end the following new end the following new paragraph: SEC. 616. SELECTIVE REENLISTMENT BONUS ELI- paragraph: GIBILITY FOR RESERVE MEMBERS ‘‘(3) If a motor vehicle of a member (or a de- PERFORMING ACTIVE GUARD AND ‘‘(2) At the option of the member, in lieu of the pendent of the member) that is transported at RESERVE DUTY. transportation of baggage of a dependent child the expense of the United States under this sub- Section 308(a)(1)(D) of title 37, United States under paragraph (1) from the dependent’s section does not arrive at the authorized des- Code, is amended to read as follows: school in the continental United States, the Sec- tination of the vehicle by the designated deliv- ‘‘(D) reenlists or voluntarily extends the mem- retary concerned may pay or reimburse the ery date, the Secretary concerned shall reim- ber’s enlistment for a period of at least three member for costs incurred to store the baggage burse the member for expenses incurred after years in a regular component, or in a reserve at or in the vicinity of the school during the de- that date to rent a motor vehicle for the depend- component if the member is performing active pendent’s annual trip between the school and ent’s use. However, the amount reimbursed shall Guard and Reserve duty (as defined in section the member’s duty station. The amount of the not exceed $30 per day, and the rental period for 101(d)(6) of title 10), of the service concerned;’’. payment or reimbursement may not exceed the which reimbursement may be provided shall ex- cost that the Government would incur to trans- SEC. 617. REMOVAL OF TEN PERCENT RESTRIC- pire after seven days or on the date on which TION ON SELECTIVE REENLISTMENT port the baggage.’’. the delayed vehicle finally arrives at the au- BONUSES. Subtitle D—Retired Pay, Survivor Benefits, thorized destination (whichever occurs first).’’. Section 308(b) of title 37, United States Code, and Related Matters (c) TRANSPORTATION IN CONNECTION WITH DE- is amended— SEC. 641. EFFECTIVE DATE OF FORMER SPOUSE PARTURE ALLOWANCES FOR DEPENDENTS.—Sec- (1) by striking out ‘‘(1)’’ after ‘‘(b)’’; and SURVIVOR BENEFIT COVERAGE. tion 405a(b) of title 37, United States Code, is (2) by striking out paragraph (2). (a) COORDINATION OF PROVISIONS.—Section amended— SEC. 618. INCREASE IN MAXIMUM AMOUNT OF 1448(b)(3)(C) of title 10, United States Code, is (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ARMY ENLISTMENT BONUS. amended by inserting after ‘‘the Secretary con- (2) by adding at the end the following new Section 308f(a) of title 37, United States Code, cerned’’ in the second sentence the following: ‘‘, paragraph: is amended by striking out ‘‘$4,000’’ and insert- except that, in the case of an election made by ‘‘(2) If a motor vehicle of a member (or a de- ing in lieu thereof ‘‘$6,000’’. a person described in section 1450(f)(3)(B) of this pendent of the member) that is transported at May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3527 the expense of the United States under para- ‘‘(C) is prevented by a medical or dental con- SEC. 704. TRANSITIONAL AUTHORITY TO PRO- graph (1) does not arrive at the authorized des- dition from being able to obtain benefits under VIDE CONTINUED HEALTH CARE tination of the vehicle by the designated deliv- the plan.’’. COVERAGE FOR CERTAIN PERSONS ery date, the Secretary concerned shall reim- UNAWARE OF LOSS OF CHAMPUS (b) CONFORMING AMENDMENT.—Subsection ELIGIBILITY. burse the member for expenses incurred after (f)(3) of such section is amended by striking out (a) TRANSITIONAL COVERAGE.—The admin- that date to rent a motor vehicle for the depend- ‘‘(b)(4)’’ and inserting in lieu thereof ‘‘(b)(5)’’. istering Secretaries may continue eligibility of a ent’s use. However, the amount reimbursed shall SEC. 702. PLAN FOR PROVISION OF HEALTH CARE person described in subsection (b) for health not exceed $30 per day, and the rental period for FOR MILITARY RETIREES AND THEIR care coverage under the Civilian Health and which reimbursement may be provided shall ex- DEPENDENTS COMPARABLE TO Medical Program of the Uniformed Services pire after seven days or on the date on which HEALTH CARE PROVIDED UNDER based on a determination that such continu- TRICARE PRIME. the delayed vehicle finally arrives at the au- ation is appropriate to assure health care cov- thorized destination (whichever occurs first).’’. (a) REQUIREMENT TO SUBMIT PLAN.—(1) The erage for any such person who may have been (d) TRANSPORTATION IN CONNECTION WITH EF- Secretary of Defense shall submit to Congress— unaware of the loss of eligibility to receive FECTS OF MISSING PERSONS.—Section 554 of title (A) a plan under which the Secretary would health benefits under that program. 37, United States Code, is amended— guarantee access, for covered beneficiaries de- (b) PERSONS ELIGIBLE.—A person shall be eli- (1) by redesignating subsection (i) as sub- scribed in subsection (b), to health care that is gible for transitional health care coverage under section (j); and comparable to the health care provided to cov- subsection (a) if the person— (2) by inserting after subsection (h) the follow- ered beneficiaries under chapter 55 of title 10, (1) is a person described in paragraph (1) of ing new subsection: United States Code, under TRICARE Prime (as subsection (d) of section 1086 of title 10, United ‘‘(i) If a motor vehicle of a member (or a de- defined in subsection (d) of section 1097a of such States Code; pendent of the member) that is transported at title (as added by section 712)); and (2) in the absence of such paragraph, would the expense of the United States under this sec- (B) a legislative proposal and cost estimate for be eligible for health benefits under such sec- tion does not arrive at the authorized destina- implementing the plan. tion; and tion of the vehicle by the designated delivery (2) The plan required under paragraph (1)(A) (3) satisfies the criteria specified in subpara- date, the Secretary concerned shall reimburse shall provide for guaranteed access to such graphs (A) and (B) of paragraph (2) of such the dependent for expenses incurred after that health care for such covered beneficiaries by Oc- subsection. date to rent a motor vehicle for the dependent’s (c) EXTENT OF TRANSITIONAL AUTHORITY.— tober 1, 2001. use. However, the amount reimbursed shall not The authority to continue eligibility under this exceed $30 per day, and the rental period for (b) COVERED BENEFICIARIES.—A covered bene- section shall apply with respect to health care which reimbursement may be provided shall ex- ficiary under this subsection is an individual services provided between October 1, 1998, and pire after seven days or on the date on which who is a covered beneficiary under chapter 55 of July 1, 1999. the delayed vehicle finally arrives at the au- title 10, United States Code, who— (d) DEFINITION.—In this section, the term thorized destination (whichever occurs first).’’. (1) is a member or former member of the Armed ‘‘administering Secretaries’’ has the meaning (e) APPLICATION OF AMENDMENTS.—Reim- Forces entitled to retired pay under such title; given that term in section 1072(3) of title 10, bursement for motor vehicle rental expenses may or United States Code. not be provided under the amendments made by (2) is a dependent (as that term is defined in Subtitle B—TRICARE Program section 1072(2) of such chapter) of such a mem- this section until after the date on which the SEC. 711. PAYMENT OF CLAIMS FOR PROVISION Secretary of Defense submits to Congress a re- ber. OF HEALTH CARE UNDER THE port certifying that the Department of Defense (c) DEADLINE FOR SUBMISSION.—The Secretary TRICARE PROGRAM FOR WHICH A has in place and operational a system to recover shall submit the plan required by subsection (a) THIRD PARTY MAY BE LIABLE. the cost to the Department of providing such re- not later than March 1, 1999. (a) IN GENERAL.—(1) Chapter 55 of title 10, imbursement from commercial carriers that are SEC. 703. PLAN FOR REDESIGN OF MILITARY United States Code, is amended by inserting responsible for the delay in the delivery of the PHARMACY SYSTEM. after section 1095a the following new section: motor vehicles of members of the Armed Forces (a) PLAN REQUIRED.—The Secretary of De- ‘‘§ 1095b. TRICARE program: contractor pay- and their dependents. The amendments shall fense shall submit to Congress a plan that ment of certain claims apply with respect to rental expenses described would provide for a system-wide redesign of the ‘‘(a) PAYMENT OF CLAIMS.—(1) The Secretary in such amendments that are incurred on or military and contractor retail and mail-order after the date of the submission of the report. of Defense may authorize a contractor under pharmacy system of the Department of Defense the TRICARE program to pay a claim described SEC. 654. EDUCATION LOAN REPAYMENT PRO- by incorporating ‘‘best business practices’’ of GRAM FOR CERTAIN HEALTH PRO- in paragraph (2) before seeking to recover from the private sector. The Secretary shall work a third-party payer the costs incurred by the FESSION OFFICERS SERVING IN SE- with contractors of TRICARE retail pharmacy LECTED RESERVE. contractor to provide health care services that and national mail-order pharmacy programs to (a) LOAN REPAYMENT AMOUNTS.—Section are the basis of the claim to a beneficiary under develop a plan for the redesign of the pharmacy 16302(c) of title 10, United States Code, is such program. system that— amended— ‘‘(2) A claim under this paragraph is a claim— (1) in paragraph (2), by striking out ‘‘$3,000’’ (1) may include a plan for an incentive-based ‘‘(A) that is submitted to the contractor by a and inserting in lieu thereof ‘‘$10,000’’; and formulary for military medical treatment facili- provider under the TRICARE program for pay- (2) in paragraph (3), by striking out ‘‘$20,000’’ ties and contractors of TRICARE retail phar- ment for services for health care provided to a and inserting in lieu thereof ‘‘$50,000’’. macies and the national mail-order pharmacy; covered beneficiary; and and (b) EFFECTIVE DATE.—The amendments made ‘‘(B) that is identified by the contractor as a by subsection (a) shall take effect on October 1, (2) shall include a plan for each of the follow- claim for which a third-party payer may be lia- 1998. ing: ble. (A) A uniform formulary for such facilities ‘‘(b) RECOVERY FROM THIRD-PARTY PAYERS.— TITLE VII—HEALTH CARE PROVISIONS and contractors. A contractor for the provision of health care Subtitle A—Health Care Services (B) A centralized database that integrates the services under the TRICARE program that pays SEC. 701. EXPANSION OF DEPENDENT ELIGI- patient databases of pharmacies of military a claim described in subsection (a)(2) shall have BILITY UNDER RETIREE DENTAL medical treatment facilities and contractor retail the right to collect from the third-party payer PROGRAM. and mail-order programs to implement auto- the costs incurred by such contractor on behalf (a) IN GENERAL.—Subsection (b) of section mated prospective drug utilization review sys- of the covered beneficiary. The contractor shall 1076c of title 10, United States Code, is amend- tems. have the same right to collect such costs under ed— this subsection as the right of the United States (C) A system-wide drug benefit for covered (1) by redesignating paragraph (4) as para- to collect costs under section 1095 of this title. beneficiaries under chapter 55 of title 10, United graph (5); and ‘‘(c) DEFINITION OF THIRD-PARTY PAYER.—In States Code, who are entitled to hospital insur- (2) by inserting after paragraph (3) the follow- this section, the term ‘third-party payer’ has the ance benefits under part A of title XVIII of the ing new paragraph: meaning given that term in section 1095(h) of Social Security Act (42 U.S.C. 1395c et seq.). ‘‘(4) Eligible dependents of a member described this title, except that such term excludes pri- in paragraph (1) or (2) who is not enrolled in (b) SUBMISSION OF PLAN.—The Secretary shall mary medical insurers.’’. the plan and who— submit the plan required under subsection (a) (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(A) is enrolled under section 1705 of title 38 not later than March 1, 1999. tions at the beginning of such chapter is amend- to receive dental care from the Secretary of Vet- (c) SUSPENSION OF IMPLEMENTATION OF PRO- ed by inserting after the item relating to section erans Affairs; GRAM.—The Secretary shall suspend any plan to 1095a the following new item: ‘‘(B) is enrolled in a dental plan that— establish a national retail pharmacy program ‘‘1095b. TRICARE program: contractor payment ‘‘(i) is available to the member as a result of for the Department of Defense until— of certain claims.’’. employment by the member that is separate from (1) the plan required under subsection (a) is SEC. 712. PROCEDURES REGARDING ENROLL- the military service of the member; and submitted; and MENT IN TRICARE PRIME. ‘‘(ii) is not available to dependents of the (2) the Secretary implements cost-saving re- (a) IN GENERAL.—(1) Chapter 55 of title 10, member as a result of such separate employment forms with respect to the military and contrac- United States Code, is amended by inserting by the member; or tor retail and mail order pharmacy system. after section 1097 the following new section: H3528 CONGRESSIONAL RECORD — HOUSE May 20, 1998

‘‘§ 1097a. Enrollment in TRICARE Prime: pro- hazards, including more accurate risk assess- (b) DEADLINE FOR SUBMISSION.—The Secretary cedures ment tools to support the Air Force Enhanced shall submit the report required by subsection Site Specific Risk Assessment; and (a) not later than March 1, 1999. ‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DE- (3) educate and train researchers with respect TITLE VIII—ACQUISITION POLICY, ACQUISITION PENDENTS.—The Secretary of Defense shall es- to exposure to such hazards. MANAGEMENT, AND RELATED MAT- tablish procedures under which dependents of TERS members of the armed forces on active duty who (b) ACTIVITIES TO BE CONDUCTED.—Research and development conducted under subsection SEC. 801. LIMITATION ON PROCUREMENT OF AM- reside in the catchment area of a military medi- MUNITION AND COMPONENTS. cal treatment facility shall be automatically en- (a) includes— (1) development of equipment to monitor soil (a) LIMITATION.—Section 2534(a) of title 10, rolled in TRICARE Prime at the military medi- United States Code, is amended by adding at the cal treatment facility. The Secretary shall pro- and ground water contamination and the im- pact of such contamination on the biosystem end the following new paragraph: vide notice in writing to the member regarding ‘‘(6) AMMUNITION.—Ammunition or ammuni- chain; such enrollment. tion components.’’. (2) implementation of a cross-sectional epide- ‘‘(b) AUTOMATIC CONTINUATION OF ENROLL- (b) EFFECTIVE DATE.—Paragraph (6) of sec- MENT.—The Secretary of Defense shall establish miological study of exposure to jet fuel; and tion 2534(a) of title 10, United States Code, as procedures under which enrollment of covered (3) implementation of a health-risk assessment added by subsection (a), shall apply with re- beneficiaries in TRICARE Prime shall automati- regarding exposure to jet fuel. spect to contracts entered into after September cally continue until such time as the covered SEC. 724. AUTHORIZATION TO ESTABLISH A 30, 1998. LEVEL 1 TRAUMA TRAINING CENTER. beneficiary elects to disenroll or is no longer eli- SEC. 802. ACQUISITION CORPS ELIGIBILITY. gible for enrollment. The Secretary of the Army is hereby author- Section 1732(c) of title 10, United States Code, ‘‘(c) OPTION FOR RETIREES TO DEDUCT FEE ized to establish a Level 1 Trauma Training is amended by adding at the end the following FROM PAY.—The Secretary of Defense shall es- Center (as designated by the American College new paragraph: tablish procedures under which a retired mem- of Surgeons) in order to provide the Army with ‘‘(3) The requirement of subsection (b)(1)(A) ber of the armed forces may elect to have any a trauma center capable of training forward shall not apply to an employee who served in an fees payable by the member for enrollment in surgical teams. Acquisition Corps in a position within grade TRICARE Prime withheld from the retired pay SEC. 725. REPORT ON IMPLEMENTATION OF EN- GS–13 or above of the General Schedule and of the member (if pay is available to the mem- ROLLMENT-BASED CAPITATION FOR who is placed in another position which is in a ber). FUNDING FOR MILITARY MEDICAL grade lower than GS–13 of the General Sched- ‘‘(d) DEFINITION OF TRICARE PRIME.—In this TREATMENT FACILITIES. ule, or whose position is reduced in grade to a section, the term ‘TRICARE Prime’ means the (a) REPORT REQUIRED.—The Secretary of De- grade lower than GS–13 of the General Sched- managed care option of the TRICARE program fense shall submit to Congress a report on the ule, as a result of reduction-in-force procedures, known as TRICARE Prime.’’. potential impact of using an enrollment-based the realignment or closure of a military installa- (2) The table of sections at the beginning of capitation methodology to allocate funds for tion, or another reason other than for cause.’’. such chapter is amended by inserting after the military medical treatment facilities. The report SEC. 803. AMENDMENTS RELATING TO PROCURE- item relating to section 1097 the following new shall address the following: MENT FROM FIRMS IN INDUSTRIAL item: (1) A description of the plans of the Secretary BASE FOR PRODUCTION OF SMALL ‘‘1097a. Enrollment in TRICARE Prime: proce- to implement an enrollment-based capitation ARMS. dures.’’. methodology for military medical treatment fa- (a) REQUIREMENT TO LIMIT PROCUREMENTS TO cilities and with respect to contracts for the de- CERTAIN SOURCES.—Subsection (a) of section (b) DEADLINE FOR IMPLEMENTATION.—The livery of health care under the TRICARE pro- 2473 of title 10, United States Code, is amend- Secretary of Defense shall establish the proce- gram. ed— dures required under section 1097a of title 10, (2) The justifications for implementing an en- (1) in the heading, by striking out the first United States Code, as added by subsection (a), rollment-based capitation methodology without word and inserting in lieu thereof ‘‘REQUIRE- not later than April 1, 1999. first conducting a demonstration project for im- MENT’’; and Subtitle C—Other Matters plementation of such methodology. (2) by striking out ‘‘To the extent that the SEC. 721. INFLATION ADJUSTMENT OF PREMIUM (3) The impact that implementation of an en- Secretary of Defense determines necessary to AMOUNTS FOR DEPENDENTS DEN- rollment based capitation methodology would preserve the small arms production industrial TAL PROGRAM. have on the provision of space-available care at base, the Secretary may’’ and inserting in lieu Section 1076a(b)(2) of title 10, United States military medical treatment facilities, particu- thereof ‘‘In order to preserve the small arms pro- Code, is amended by inserting after ‘‘$20 per larly in the case of care for— duction industrial base, the Secretary of De- month’’ the following: ‘‘(in 1993 dollars, as ad- (A) military retirees entitled who are entitled fense shall’’. justed for inflation in each year thereafter)’’. to hospital insurance benefits under part A of (b) ADDITIONAL COVERED PROPERTY AND SEC. 722. SYSTEM FOR TRACKING DATA AND title XVIII of the Social Security Act (42 U.S.C. SERVICES.—Subsection (b) of such section is MEASURING PERFORMANCE IN 1395c et seq.); and amended— (1) by redesignating paragraphs (1) and (2) as MEETING TRICARE ACCESS STAND- (B) covered beneficiaries under chapter 55 of ARDS. paragraphs (2) and (3), respectively; title 10, United States Code, who reside outside (a) REQUIREMENT TO ESTABLISH SYSTEM.—(1) (2) by inserting before paragraph (2), as so re- the catchment area of a military medical treat- The Secretary of Defense shall establish a sys- designated, the following new paragraph: ment facility. tem— ‘‘(1) Small arms end items.’’; (A) to track data regarding access of covered (4) The impact that implementation of an en- (3) in paragraph (2), as so redesignated, by in- beneficiaries under chapter 55 of title 10, United rollment-based capitation methodology would serting before the period the following: ‘‘, if States Code, to primary health care under the have with respect to the pharmacy benefits pro- those parts are manufactured under a contract TRICARE program; and vided at military medical treatment facilities, with the Department of Defense to produce the (B) to measure performance in increasing such given that the enrollment-based capitation end item’’; and access against the primary care access stand- methodology would fund military medical treat- (4) by adding after paragraph (3) the follow- ards established by the Secretary under the ment facilities based on the number of members ing new paragraph: TRICARE program. at such facilities enrolled in TRICARE Prime, ‘‘(4) Repair parts consisting of barrels, receiv- (2) In implementing the system described in but all covered beneficiaries may fill prescrip- ers, and bolts for small arms, whether or not the paragraph (1), the Secretary shall collect data tions at military medical treatment facility small arms are in production under a contract on the timeliness of appointments and precise pharmacies. with the Department of Defense at the time of waiting times for appointments in order to meas- (5) An explanation of how additional funding production of such repair parts.’’. ure performance in meeting the primary care ac- will be provided for a military medical treatment (c) RELATIONSHIP TO OTHER PROVISIONS OF cess standards established under the TRICARE facility if an enrollment-based capitation meth- LAW.—Such section is further amended by add- program. odology is implemented to ensure that space- ing at the end the following new subsection: ‘‘(d) RELATIONSHIP TO OTHER PROVISIONS.— (b) DEADLINE FOR ESTABLISHMENT.—The Sec- available care and pharmacy coverage can be retary shall establish the system described in provided to covered beneficiaries who are not (1) If a procurement under subsection (a) is a subsection (a) not later than April 1, 1999. enrolled at the military medical treatment facil- procurement of a commercial item, the Secretary ity, and the amount of funding that will be may, notwithstanding section 2306(b)(1)(B) of SEC. 723. AIR FORCE RESEARCH, DEVELOPMENT, this title, require the submission of certified cost TRAINING, AND EDUCATION ON EX- available. POSURE TO CHEMICAL, BIOLOGICAL, (6) An explanation of how implementation of or pricing data under section 2306(a) of this AND RADIOLOGICAL HAZARDS. an enrollment-based capitation methodology title. (a) IN GENERAL.—The Secretary of the Air would impact the provision of uniform benefits ‘‘(2) Subsection (a) is a requirement for pur- Force is hereby authorized to— under TRICARE Prime, and how the Secretary poses of section 2304(c)(5) of this title.’’. (1) conduct research on the health-related, en- would ensure, if such methodology were imple- TITLE IX—DEPARTMENT OF DEFENSE vironmental, and ecological effects of exposure mented, that the provision of health care under ORGANIZATION AND MANAGEMENT to chemical, biological, and radiological haz- TRICARE Prime would not be bifurcated be- SEC. 901. FURTHER REDUCTIONS IN DEFENSE AC- ards; tween the provision of such care at military QUISITION WORKFORCE. (2) develop new risk-assessment methods and medical treatment facilities and the provision of (a) REDUCTION IN DEFENSE ACQUISITION instruments with respect to exposure to such such care from civilian providers. WORKFORCE.—Chapter 87 of title 10, United May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3529 States Code, is amended by adding at the end Act, the Secretary of Defense shall submit to the (3) The process and organizations responsible the following new section: Committee on Armed Services of the Senate and for doctrinal development, including the appro- ‘‘§ 1765. Limitation on number of personnel the Committee on National Security of the priate relationship between joint force and serv- ‘‘(a) LIMITATION.—Effective October 1, 2001, House of Representatives a report on the plans ice doctrine and doctrinal development organi- the number of defense acquisition personnel of the Secretary for the implementation of the zations. (4) The current programs and organizations may not exceed the baseline number reduced by amendment made by subsection (a). The report under the Office of the Secretary of Defense, the 70,000. shall include— (1) a description of any organizational Joint Chiefs of Staff and the Armed Forces de- ‘‘(b) PHASED REDUCTION.—The number of de- fense acquisition personnel— changes within the Department of Defense to be voted to innovation and experimentation related ‘‘(1) as of October 1, 1999, may not exceed the made in order to implement that amendment; to a transformation in the conduct of war, in- baseline number reduced by 25,000; and and cluding the appropriateness of— ‘‘(2) as of October 1, 2000, may not exceed the (2) a description of the role of the Chairman (A) conducting joint field tests; baseline number reduced by 50,000. of the Joint Chiefs of Staff with respect to ex- (B) establishing a separate unified command ‘‘(c) BASELINE NUMBER.—For purposes of this port control activities of the Department follow- as a joint forces command to serve, as its sole section, the baseline number is the total number ing the implementation of the amendment made function, as the trainer, provider, and developer of defense acquisition personnel as of October 1, by subsection (a) and how that role compares to of forces for joint operations; (C) establishing a Joint Concept Development 1998. the practice in effect before such implementa- Center to monitor exercises and develop meas- ‘‘(d) DEFENSE ACQUISITION PERSONNEL DE- tion. ures of effectiveness, analytical concepts, mod- FINED.—In this section, the term ‘defense acqui- (c) EFFECTIVE DATE.—The amendment made sition personnel’ means military and civilian by subsection (a) shall be implemented not later els, and simulations appropriate for understand- ing the transformation in the conduct of war; personnel (other than civilian personnel who than 45 days after the date of the enactment of (D) establishing a Joint Battle Laboratory are employed at a maintenance depot) who are this Act. SEC. 905. INDEPENDENT TASK FORCE ON TRANS- headquarters to conduct joint experimentation assigned to, or employed in, acquisition organi- and to integrate the similar efforts of the Armed zations of the Department of Defense (as speci- FORMATION AND DEPARTMENT OF DEFENSE ORGANIZATION. Forces; and fied in Department of Defense Instruction num- (a) FINDINGS.—Congress finds the following: (E) establishing an Assistant Secretary of De- bered 5000.58 dated January 14, 1992).’’. (1) The post-Cold War era is marked by geo- fense for transformation in the conduct of war. (b) CLERICAL AMENDMENT.—The table of sec- political uncertainty and by accelerating tech- (5) Joint training establishments and training tions at the beginning of subchapter V of such nological change, particularly with regard to in- establishments of the Armed Forces, including chapter is amended by adding at the end the formation technologies. those devoted to professional military education, following new item: (2) The combination of that geopolitical un- and the appropriateness of establishing national ‘‘1765. Limitation on number of personnel.’’. certainty and accelerating technological change training centers. SEC. 902. LIMITATION ON OPERATION AND SUP- portends a transformation in the conduct of (6) Other issues relating to a transformation PORT FUNDS FOR THE OFFICE OF war, particularly in ways that are likely to in- in the conduct of war that the Secretary consid- THE SECRETARY OF DEFENSE. crease the effectiveness of joint force operations. ers appropriate. Of the amount available for fiscal year 1999 (3) The Department of Defense must be orga- (d) REPORT.—The task force shall submit to for operation and support activities of the Office nized appropriately in order to fully exploit the the Secretary of Defense a report containing its of the Secretary of Defense, not more than 90 opportunities offered by, and to meet the chal- assessments and recommendations not later percent may be obligated until each of the fol- lenges posed by, this anticipated transformation than February 1, 1999. The Secretary shall sub- lowing reports has been submitted: in the conduct of war. mit the report to the Committee on National Se- (1) The report required to be submitted to the (4) The basic organization of the Department curity of the House of Representatives and the congressional defense committees by section of Defense was established by the National Se- Committee on Armed Services of the Senate not 904(b) of the National Defense Authorization curity Act of 1947 and the 1949 amendments to later than March 1, 1999, together with the rec- Act for Fiscal Year 1997 (Public Law 104–201; that Act. ommendations and comments of the Secretary of 110 Stat. 2619). (5) The Goldwater-Nichols Department of De- Defense. (2) The reports required to be submitted to fense Reorganization Act of 1986 (Public Law SEC. 906. IMPROVED ACCOUNTING FOR DEFENSE Congress by sections 911(b) and 911(c) of the Na- 99–433) dramatically improved the capability of CONTRACT SERVICES. tional Defense Authorization Act for Fiscal the Department of Defense to carry out oper- (a) IN GENERAL.—(1) Chapter 131 of title 10, Year 1998 (Public Law 105–85; 111 Stat. 1858, ations involving joint forces, but did not address United States Code, is amended by inserting 1859). adequately issues pertaining to the development after section 2211 the following new section: SEC. 903. REVISION TO DEFENSE DIRECTIVE RE- of joint forces. ‘‘§ 2212. Obligations for contract services: re- LATING TO MANAGEMENT HEAD- (6) In the future, the ability to achieve im- porting in budget object classes QUARTERS AND HEADQUARTERS proved operations of joint forces, particularly ‘‘(a) LIMITATION ON REPORTING IN MIS- SUPPORT ACTIVITIES. under rapidly changing technological condi- CELLANEOUS SERVICES OBJECT CLASS.—The Sec- Not later than October 1, 1999, the Secretary tions, will depend on improved force develop- retary of Defense shall ensure that, in reporting of Defense shall issue a revision to Department ment for joint forces. to the Office of Management and Budget (pur- of Defense Directive 5100.73, entitled ‘‘Depart- (b) INDEPENDENT TASK FORCE ON TRANS- suant to OMB Circular A–11 (relating to prepa- ment of Defense Management Headquarters and FORMATION AND DEPARTMENT OF DEFENSE OR- ration and submission of budget estimates)) obli- Headquarters Support Activities’’, so as to in- GANIZATION.—The Secretary of Defense shall es- gations of the Department of Defense for any corporate in that directive the following: tablish a task force of the Defense Science period of time for contract services, no more (1) A threshold specified by command (or Board to examine the current organization of than 15 percent of the total amount of obliga- other organizational element) such that any the Department of Defense with regard to the tions so reported is reported in the miscellaneous headquarters activity below the threshold is not appropriateness of that organization for prepar- services object class. considered for the purpose of the directive to be ing for a transformation in the conduct of war. ‘‘(b) DEFINITION OF REPORTING CATEGORIES a management headquarters or headquarters The task force shall be established not later FOR ADVISORY AND ASSISTANCE SERVICES.—In support activity. than November 1, 1998. carrying out section 1105(g) of title 31 for the (2) A definition of the term ‘‘management (c) DUTIES OF THE TASK FORCE.—The task Department of Defense (and in determining headquarters and headquarters support activi- force shall assess, and shall make recommenda- what services are to be reported to the Office of ties’’ that (A) is based upon function (rather tions for the appropriate organization of, the Management and Budget in the advisory and than organization), and (B) includes any activ- Office of the Secretary of Defense, the Joint assistance services object class), the Secretary of ity (other than an operational activity) that re- Chiefs of Staff, the individual Armed Forces, Defense shall apply to the terms used for the ports directly to such an activity. and the executive parts of the military depart- definition of ‘advisory and assistance services’ (3) Uniform application of those definitions ments for the purpose of preparing the Depart- in paragraph (2)(A) of that section the following throughout the Department of Defense. ment of Defense for a transformation in the con- meanings: SEC. 904. UNDER SECRETARY OF DEFENSE duct of war. In making those assessments and ‘‘(1) MANAGEMENT AND PROFESSIONAL SUPPORT FOR POLICY developing those recommendations, the task SERVICES.—The term ‘management and profes- TO HAVE RESPONSIBILITY WITH force shall review the following: sional support services’ (used in clause (i) of RESPECT TO EXPORT CONTROL ACTIVI- (1) The general organization of the Depart- section 1105(g)(2)(A) of title 31) means services TIES OF THE DEPARTMENT OF DE- ment of Defense, including whether responsibil- that provide engineering or technical support, FENSE. ity and authority for issues relating to a trans- assistance, advice, or training for the efficient (a) FUNCTIONS OF THE UNDER SECRETARY.— formation in the conduct of war are appro- and effective management and operation of or- Section 134(b)(1) of title 10, United States Code, priately allocated, especially among the Office ganizations, activities, or systems. Those serv- is amended by adding at the end the following of the Secretary of Defense, the Joint Chiefs of ices— new sentence: ‘‘The Under Secretary shall have Staff, and the individual Armed Forces. ‘‘(A) are closely related to the basic respon- responsibility for overall supervision of activities (2) The joint requirements process and the re- sibilities and mission of the using organization; of the Department of Defense relating to export quirements processes for each of the Armed and controls.’’. Forces, including the establishment of measures ‘‘(B) include efforts that support or contribute (b) IMPLEMENTATION REPORT.—Not later than of effectiveness and methods for resource alloca- to improved organization or program manage- 30 days after the date of the enactment of this tion. ment, logistics management, project monitoring H3530 CONGRESSIONAL RECORD — HOUSE May 20, 1998 and reporting, data collection, budgeting, ac- Defense under subsection (e) each year and cal year 1999 is the amount programmed for counting, auditing, and administrative or tech- shall— those services resulting from the review referred nical support for conferences and training pro- ‘‘(A) assess the methodology used by the Sec- to in subsection (c) reduced by $500,000,000. grams. retary in obtaining the information submitted to SEC. 907. REPEAL OF REQUIREMENT RELATING ‘‘(2) STUDIES, ANALYSES, AND EVALUATIONS.— Congress in that report; and TO ASSIGNMENT OF TACTICAL AIR- The term ‘studies, analyses, and evaluations’ ‘‘(B) assess the information submitted to Con- LIFT MISSION TO RESERVE COMPO- (used in clause (ii) of section 1105(g)(2)(A) of gress in that report. NENTS. title 31) means services that provide organized, ‘‘(2) Not later than 120 days after the date on Section 1438 of the National Defense Author- analytic assessments to understand or evaluate which the Secretary submits to Congress the re- ization Act for Fiscal Year 1991 (Public Law complex issues to improve policy development, port required under subsection (e) for any year, 101–510; 104 Stat. 1689), as amended by section decisionmaking, management, or administration the Comptroller General shall submit to Con- 1023 of the National Defense Authorization Act and that result in documents containing data or gress the Comptroller General’s report contain- for Fiscal Years 1992 and 1993 (Public Law 102– leading to conclusions or recommendations. ing the results of the review for that year under 190; 105 Stat. 1460), is repealed. Those services may include databases, models, paragraph (1). SEC. 908. REPEAL OF CERTAIN REQUIREMENTS methodologies, and related software created in ‘‘(g) DEFINITIONS.—In this section: RELATING TO INSPECTOR GENERAL support of a study, analysis, or evaluation. ‘‘(1) The term ‘contract services’ means all INVESTIGATIONS OF REPRISAL COM- PLAINTS. ‘‘(3) ENGINEERING AND TECHNICAL SERVICES.— services that are reported to the Office of Man- (a) REPEAL OF REQUIREMENT OF NOTICE THAT The term ‘engineering and technical services’ agement and Budget pursuant to OMB Circular INVESTIGATION WILL TAKE MORE THAN 90 (used in clause (iii) of section 1105(g)(2)(A) of A–11 (relating to preparation and submission of DAYS.—Subsection (e) of section 1034 of title 10, title 31) means services that take the form of ad- budget estimates) in budget object classes that United States Code, is amended— vice, assistance, training, or hands-on training are designated in the Object Class 25 series. (1) by striking out paragraph (3); necessary to maintain and operate fielded weap- ‘‘(2) The term ‘advisory and assistance serv- (2) by redesignating paragraph (4) as para- on systems, equipment, and components (includ- ices object class’ means those contract services graph (3). ing software when applicable) at design or re- constituting the budget object class that is de- (b) REPEAL OF REQUIREMENT FOR POST-DIS- quired levels of effectiveness. nominated ‘Advisory and Assistance Service and POSITION INTERVIEW WITH COMPLAINANT.—Such ‘‘(c) PROPER CLASSIFICATION OF ADVISORY designated (as the date of the enactment of this section is further amended by striking out sub- AND ASSISTANCE SERVICES.—Before the submis- section) as Object Class 25.1 (or any similar ob- section (h). sion to the Office of Management and Budget of ject class established after the date of the enact- SEC. 909. CONSULTATION WITH COMMANDANT OF the proposed Department of Defense budget for ment of this section for the reporting of obliga- THE MARINE CORPS REGARDING MA- inclusion in the President’s budget for a fiscal tions for advisory and assistance contract serv- RINE CORPS AVIATION. year pursuant to section 1105 of title 31, the Sec- ices). (a) IN GENERAL.—Chapter 503 of title 10, retary of Defense, acting through the Under ‘‘(3) The term ‘miscellaneous services object United States Code, is amended by adding at the Secretary of Defense (Comptroller), shall review class’ means those contract services constituting end the following new section: all Department of Defense services expected to the budget object class that is denominated ‘‘§ 5026. Consultation with Commandant of the be performed as contract services during the fis- ‘Other Services (services not otherwise specified Marine Corps regarding Marine Corps avia- cal year for which that budget is to be submitted in the 25 series)’ and designated (as the date of tion in order to ensure that those services that are the enactment of this section) as Object Class ‘‘The Secretary of the Navy shall require that advisory and assistance services (as defined in 25.2 (or any similar object class established after the views of the Commandant of the Marine accordance with subsection (b)) are in fact prop- the date of the enactment of this section for the Corps be obtained before a milestone decision or erly classified, in accordance with that sub- reporting of obligations for miscellaneous or un- other major decision is made by an element of section, in the advisory and assistance services specified contract services). the Department of the Navy outside the Marine object class. ‘‘(4) The term ‘DOD organization’ means— Corps in a procurement matter, a research, de- ‘‘(d) INFORMATION ON SERVICE CONTRACTS.— ‘‘(A) the Office of the Secretary of Defense; velopment, test, and evaluation matter, or a In carrying out the annual review under sub- ‘‘(B) each military department; depot-level maintenance matter that concerns section (c) of Department of Defense services ex- ‘‘(C) the Joint Chiefs of Staff and the unified Marine Corps aviation.’’. pected to be performed as contract services dur- and specified commands; (b) CLERICAL AMENDMENT.—The table of sec- ing the next fiscal year, the Secretary (acting ‘‘(D) each Defense Agency; and tions at the beginning of such chapter is amend- through the Under Secretary (Comptroller)) ‘‘(E) each Department of Defense Field Activ- ed by adding at the end the following new item: shall conduct an assessment of the total non- ity. ‘‘5026. Consultation with Commandant of the Federal effort that resulted from the perform- ‘‘(5) The term ‘private sector workyear’ means Marine Corps regarding Marine ance of all contracts for such services during the an amount of labor equivalent to the total num- Corps aviation.’’. preceding fiscal year and the total non-Federal ber of hours of labor that an individual em- effort that resulted, or that is expected to result, ployed on a full-time equivalent basis by the TITLE X—GENERAL PROVISIONS from the performance of all contracts for such Federal Government performs in a given year.’’. Subtitle A—Financial Matters services during the current fiscal year and the (2) The table of sections at the beginning of SEC. 1001. TRANSFER AUTHORITY. next fiscal year. The assessment shall include such chapter is amended by inserting after the (a) AUTHORITY TO TRANSFER AUTHORIZA- determination of the following for each such item relating to section 2211 the following new TIONS.—(1) Upon determination by the Secretary year: item: of Defense that such action is necessary in the ‘‘(1) The amount expended or expected to be ‘‘2212. Obligations for contract services: report- national interest, the Secretary may transfer expended for non-Federal contract services, ing in budget object classes.’’. amounts of authorizations made available to the shown for the Department of Defense as a whole Department of Defense in this division for fiscal (b) TRANSITION.—For the budget for fiscal and displayed by contract services object class year 1999 between any such authorizations for year 2000, and the reporting of information to for each DOD organization. that fiscal year (or any subdivisions thereof). the Office of Management and Budget in con- ‘‘(2) The amount expended or expected to be Amounts of authorizations so transferred shall nection with the preparation of that budget, expended for contract services competed under be merged with and be available for the same section 2212 of title 10, United States Code, as OMB Circular A–76 or a similar process, shown purposes as the authorization to which trans- added by subsection (a), shall be applied by sub- for the Department of Defense as a whole and ferred. displayed by contract services object class for stituting ‘‘30 percent’’ in subsection (a) for ‘‘15 (2) The total amount of authorizations that each DOD organization. percent’’. the Secretary of Defense may transfer under the ‘‘(3) The number of private sector workyears (c) INITIAL CLASSIFICATION OF ADVISORY AND authority of this section may not exceed performed or expected to be performed in con- ASSISTANCE SERVICES.—Not later than February $2,000,000,000. nection with the performance of non-Federal 1, 1999, the Secretary of Defense, acting through (b) LIMITATIONS.—The authority provided by contract services, shown for the Department of the Under Secretary of Defense (Comptroller), this section to transfer authorizations— Defense as a whole and displayed by contract shall review all Department of Defense services (1) may only be used to provide authority for services object class for each DOD organization. performed or expected to be performed as con- items that have a higher priority than the items ‘‘(4) Any other information that the Secretary tract services during fiscal year 1999 in order to from which authority is transferred; and (acting through the Under Secretary) determines ensure that those services that are advisory and (2) may not be used to provide authority for to be relevant and of value. assistance services (as defined in accordance an item that has been denied authorization by ‘‘(e) REPORT TO CONGRESS.—The Secretary with subsection (b) of section 2212 of title 10, Congress. shall submit to Congress each year, not later United States Code, as added by subsection (a)) (c) EFFECT ON AUTHORIZATION AMOUNTS.—A than 30 days after the date on which the budget are in fact properly classified, in accordance transfer made from one account to another for the next fiscal year is submitted pursuant to with that subsection, in the advisory and assist- under the authority of this section shall be section 1105 of title 31, a report containing the ance services object class (as defined in sub- deemed to increase the amount authorized for information derived from the assessment under section (g)(2) of that section). the account to which the amount is transferred subsection (d). (d) FISCAL YEAR 1999 REDUCTION.—The total by an amount equal to the amount transferred. ‘‘(f) ASSESSMENT BY COMPTROLLER GEN- amount that may be obligated by the Secretary (d) NOTICE TO CONGRESS.—The Secretary shall ERAL.—(1) The Comptroller General shall con- of Defense for contracted advisory and assist- promptly notify Congress of each transfer made duct a review of the report of the Secretary of ance services from amounts appropriated for fis- under subsection (a). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3531 SEC. 1002. INCORPORATION OF CLASSIFIED two obsolete tugboats authorized to be trans- of Defense makes the following findings with re- ANNEX. ferred by the Secretary under that section. spect to that contract: (a) STATUS OF CLASSIFIED ANNEX.—The Clas- SEC. 1015. LONG-TERM CHARTER CONTRACTS ‘‘(1) The need for the vessels or services to be sified Annex prepared by the Committee on Na- FOR ACQUISITION OF AUXILIARY provided under the contract is expected to re- tional Security of the House of Representatives VESSELS FOR THE DEPARTMENT OF main substantially unchanged during the con- to accompany H.R. 3616 of the One Hundred DEFENSE. templated contract or option period. Fifth Congress and transmitted to the President (a) PROGRAM AUTHORIZATION.—Chapter 631 of ‘‘(2) There is a reasonable expectation that is hereby incorporated into this Act. title 10, United States Code, is amended by add- throughout the contemplated contract or option (b) CONSTRUCTION WITH OTHER PROVISIONS OF ing at the end the following new section: period the Secretary of the Navy (or, if the con- ACT.—The amounts specified in the Classified ‘‘§ 7233. Auxiliary vessels: authority for long- tract is for services to be provided to, and fund- Annex are not in addition to amounts author- term charter contracts ed by, another military department, the Sec- ized to be appropriated by other provisions of ‘‘(a) AUTHORIZED CONTRACTS.—After Septem- retary of that military department) will request this Act. ber 30, 1998, the Secretary of the Navy, subject funding for the contract at the level required to (c) LIMITATION ON USE OF FUNDS.—Funds ap- to subsection (b), may enter into a contract for avoid contract cancellation. propriated pursuant to an authorization con- the long-term lease or charter of a newly built ‘‘(3) The use of such contract or the exercise tained in this Act that are made available for a surface vessel, under which the contractor of such option is in the interest of the national program, project, or activity referred to in the agrees to provide a crew for the vessel for the defense. Classified Annex may only be expended for such term of the long-term lease or charter, for any of ‘‘(j) SOURCE OF FUNDS FOR TERMINATION LI- program, project, or activity in accordance with the following: ABILITY.—If a contract entered into under this such terms, conditions, limitations, restrictions, ‘‘(1) The combat logistics force of the Navy. section is terminated, the costs of such termi- and requirements as are set out for that pro- ‘‘(2) The strategic sealift program of the Navy. nation may be paid from— gram, project, or activity in the Classified ‘‘(3) Other auxiliary support vessels for the ‘‘(1) amounts originally made available for Annex. Department of Defense. performance of the contract; (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The ‘‘(b) CONTRACTS REQUIRED TO BE AUTHOR- ‘‘(2) amounts currently available for operation President shall provide for appropriate distribu- IZED BY LAW.—A contract may be entered into and maintenance of the type of vessels or serv- tion of the Classified Annex, or of appropriate under this section with respect to specific vessels ices concerned and not otherwise obligated; or portions of the annex, within the executive only if the Secretary is specifically authorized ‘‘(3) funds appropriated for those costs.’’. branch of the Government. by law to enter into such a contract with respect (b) CLERICAL AMENDMENT.—The table of sec- SEC. 1003. OUTLAY LIMITATIONS. to those vessels. tions at the beginning of such chapter is amend- (a) DEPARTMENT OF DEFENSE.—The Secretary ‘‘(c) FUNDS FOR CONTRACT PAYMENTS.—The ed by adding at the end the following new item: of Defense shall ensure that outlays of the De- Secretary may make payments for contracts en- ‘‘7233. Auxiliary vessels: authority for long-term partment of Defense during fiscal year 1999 from tered into under this section using funds avail- charter contracts.’’. amounts appropriated or otherwise available to able for obligation during the fiscal year for the Department of Defense for military func- Subtitle C—Matters Relating to Counter Drug which the payments are required to be made. Activities tions of the Department of Defense (including Any such contract shall provide that the United military construction and military family hous- States will not be required to make a payment SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES. ing) do not exceed $252,650,000,000. under the contract (other than a termination (a) CONTINUATION OF AUTHORITY.—Subsection (b) DEPARTMENT OF ENERGY.—The Secretary payment, if required) before October 1, 2000. (a) of section 1004 of the National Defense Au- of Energy shall ensure that outlays of the De- ‘‘(d) TERM OF CONTRACT.—In this section, the thorization Act for Fiscal Year 1991 (Public Law partment of Energy during fiscal year 1999 from term ‘long-term lease or charter’ means a lease, 101–510; 10 U.S.C. 374 note) is amended by strik- amounts appropriated or otherwise made avail- charter, service contract, or conditional sale ing out ‘‘through 1999’’ and inserting in lieu able to the Department of Energy for national agreement with respect to a vessel the term of thereof ‘‘through 2000’’. security programs of that Department do not ex- which (including any option period) is for a pe- (b) TYPES OF SUPPORT.—Subsection (b)(4) of ceed $11,772,000,000. riod of 20 years or more. such section is amended by inserting before the Subtitle B—Naval Vessels and Shipyards ‘‘(e) OPTION TO BUY.—A contract entered into period at the end the following: ‘‘conducted by under the authority of this section may contain SEC. 1011. REVISION TO REQUIREMENT FOR CON- the Department of Defense or a Federal, State, options for the United States to purchase one or TINUED LISTING OF TWO IOWA- or local law enforcement agency, or a foreign CLASS BATTLESHIPS ON THE NAVAL more of the vessels covered by the contract at law enforcement agency in the case of counter- VESSEL REGISTER. any time during, or at the end of, the contract drug activities outside the United States’’. In carrying out section 1011 of the National period (including any option period) upon pay- (c) UNSPECIFIED MINOR MILITARY CONSTRUC- Defense Authorization Act for Fiscal Year 1996 ment of an amount not in excess of the TION PROJECTS.—Such section is further amend- (Public Law 104–106; 110 Stat. 421), the Sec- unamortized portion of the cost of the vessels ed by adding at the end the following new sec- retary of the Navy shall list on the Naval Vessel plus amounts incurred in connection with the tion: Register, and maintain on that register, the fol- termination of the financing arrangements asso- ‘‘(h) UNSPECIFIED MINOR MILITARY CON- lowing two Iowa-class battleships: the USS ciated with the vessels. STRUCTION PROJECTS.—Section 2805 of title 10, IOWA (BB–61) and the USS WISCONSIN (BB– ‘‘(f) DOMESTIC CONSTRUCTION.—The Secretary United States Code, shall apply with respect to 64). shall require in any contract entered into under any unspecified minor military construction SEC. 1012. TRANSFER OF USS NEW JERSEY. this section that each vessel to which the con- project carried out using the authority provided The Secretary of the Navy shall strike the tract applies— under this section.’’. USS NEW JERSEY (BB–62) from the Naval Ves- ‘‘(1) shall have been constructed in a shipyard sel Register and shall transfer that vessel to a within the United States; and SEC. 1022. SUPPORT FOR COUNTER-DRUG OPER- ATION CAPER FOCUS. non-for-profit entity in accordance with section ‘‘(2) upon delivery, shall be documented under 7306 of title 10, United States Code. The Sec- the laws of the United States. (a) SUPPORT REQUIRED.—During fiscal year 1999, the Secretary of Defense shall make avail- retary shall require as a condition of the trans- ‘‘(g) VESSEL CREWING.—The Secretary shall fer of that vessel that the transferee locate the require in any contract entered into under this able such surface vessels of the Navy and mari- vessel in the State of New Jersey. section that the crew of any vessel to which the time patrol aircraft and crews of the Navy as contract applies be comprised of private sector may be necessary to conduct the final phase of SEC. 1013. LONG-TERM CHARTER OF THREE VES- the counter-drug operation known as Caper SELS IN SUPPORT OF SUBMARINE commercial mariners. Focus, which targets the maritime movement of RESCUE, ESCORT, AND TOWING. ‘‘(h) DOMESTIC CONSTRUCTION REQUIREMENT cocaine on vessels in the eastern Pacific Ocean. The Secretary of the Navy may enter into con- FOR CERTAIN LEASES OF VESSELS.—(1) Notwith- tracts in accordance with section 2401 of title 10, standing section 2400 or 2401a of this title or any (b) FISCAL YEAR 1999 FUNDING.—Of the United States Code, for the charter through Sep- other provision of law, the Secretary of Defense amount authorized to be appropriated pursuant tember 30, 2003, of the following vessels: may not enter into a contract for the lease or to section 301(20) for drug interdiction and (1) The CAROLYN CHOUEST (United States charter of a vessel described in paragraph (2) for counter-drug activities, $24,400,000 shall be official number D102057). a contract period in excess of 17 months (inclu- available only for the purpose of conducting the (2) The KELLIE CHOUEST (United States of- sive of any option periods) unless the vessel is counter-drug operation known as Caper Focus. ficial number D1038519). constructed in a shipyard in the United States. Subtitle D—Miscellaneous Report (3) The DOLORES CHOUEST (United States ‘‘(2) Paragraph (1) applies to vessels of the Requirements and Repeals official number D600288). following types: SEC. 1031. ANNUAL REPORT ON RESOURCES AL- SEC. 1014. TRANSFER OF OBSOLETE ARMY TUG- ‘‘(A) Auxiliary support vessel. LOCATED TO SUPPORT AND MISSION BOAT. ‘‘(B) Strategic sealift vessel. ACTIVITIES. In carrying out section 1023 of the National ‘‘(C) Tank vessel. Section 113 of title 10, United States Code, is Defense Authorization Act for Fiscal Year 1998 ‘‘(D) Combat logistics force vessel. amended by adding at the end the following (Public Law 105–85; 111 Stat. 1876), the Sec- ‘‘(i) CONTINGENT WAIVER OF OTHER PROVI- new subsection: retary of the Army may substitute the obsolete, SIONS OF LAW.—A contract authorized by this ‘‘(l) The Secretary shall include in the annual decommissioned tugboat Attleboro (LT–1977) for section may be entered into without regard to report to Congress under subsection (c) the fol- the tugboat Normandy (LT–1971) as one of the section 2401 or 2401a of this title if the Secretary lowing: H3532 CONGRESSIONAL RECORD — HOUSE May 20, 1998 ‘‘(1) A comparison of the amounts provided in Defense is subject under section 5520a of title 5, TITLE XI—DEPARTMENT OF DEFENSE the defense budget for support and for mission United States Code (including the regulations CIVILIAN PERSONNEL activities for each of the preceding five years. promulgated under subsection (k) of that sec- SEC. 1101. AUTHORITY FOR RELEASE TO COAST ‘‘(2) A comparison of the number of military tion). GUARD OF DRUG TEST RESULTS OF and civilian personnel, shown by major occupa- (4) SECTION 5520A NOTICE.—The term ‘‘section CIVIL SERVICE MARINERS OF THE tional category, assigned to support positions 5520a notice’’ means, with respect to the Depart- MILITARY SEALIFT COMMAND. and to mission positions for each of the preced- ment of Defense, the notice required by sub- (a) IN GENERAL.—Chapter 643 of title 10, ing five years. section (c) of section 5520a of title 5, United United States Code, is amended by adding at the ‘‘(3) An accounting, shown by service and by States Code, to be sent in writing to an employee end the following new section: major occupational category, of the number of (or, pursuant to the regulations promulgated ‘‘§ 7479. Civil service mariners of Military Sea- military and civilian personnel assigned to sup- under subsection (k) of that section, to a mem- lift Command: release of drug test results to port positions during each of the preceding five ber of the Armed Forces) upon the receipt by the Coast Guard years. DOD section 5520a agent of legal process cov- ‘‘(a) RELEASE OF DRUG TEST RESULTS TO ‘‘(4) A listing of the number of military and ci- ered by that section. COAST GUARD.—The Secretary of the Navy may vilian personnel assigned to management head- (c) ALTERNATIVE REQUIREMENTS.—The infor- release to the Commandant of the Coast Guard quarters and headquarters support activities as mation referred to in subsection (a) that is to be the results of a drug test of any employee of the a percentage of military end-strength for each of included as part of a section 459 notice or sec- Department of the Navy who is employed in any the preceding 10 years.’’. tion 5520a notice sent to an individual (in lieu capacity on board a vessel of the Military Sea- Subtitle E—Other Matters of sending with that notice a copy of the notice lift Command. Any such release shall be in ac- SEC. 1041. CLARIFICATION OF LAND CONVEY- or service received by the DOD section 459 agent cordance with the standards and procedures ap- ANCE AUTHORITY, ARMED FORCES or the DOD section 5520a agent) is the follow- plicable to the disclosure and reporting to the RETIREMENT HOME, DISTRICT OF ing: Coast Guard of drug tests results and drug test COLUMBIA. (1) A description of the pertinent court order, records of individuals employed on vessels docu- (a) SALE REQUIRED.—Subsection (a) of section notice to withhold, or other order, process, or mented under the laws of the United States. 1053 of the National Defense Authorization Act interrogatory received by the DOD section 459 ‘‘(b) WAIVER.—The results of a drug test of an for Fiscal Year 1997 (Public Law 104–201; 110 agent or the DOD section 5520a agent. employee may be released under subsection (a) Stat. 2650) is amended— (2) The identity of the court or judicial forum without the prior written consent of the em- (1) by striking out ‘‘, by sale or otherwise,’’; involved and (in the case of a notice or process ployee that is otherwise required under section and concerning the ordering of a support or alimony 503(e) of the Supplemental Appropriations Act, (2) by adding at the end the following new obligation) the case number, the amount of the 1987 (5 U.S.C. 7301 note).’’. sentence: ‘‘The conveyance of the real property obligation, and the name of the beneficiary. (b) CLERICAL AMENDMENT.—The table of sec- shall be made by sale to the highest bidder, ex- (3) Information on how the individual may tions at the beginning of such chapter is amend- cept that the purchase price may not be less obtain from the Department of Defense a copy ed by adding at the end the following new item: than the fair market value of the parcel.’’. of the notice, service, or legal process, including ‘‘7479. Civil service mariners of Military Sealift (b) CONFORMING AMENDMENT.—Subsection an address and telephone number that the indi- Command: release of drug test re- (b)(1) of such section is amended by striking out vidual may be contact for the purpose of obtain- sults to Coast Guard.’’. ‘‘the disposal’’ and inserting in lieu thereof ‘‘the ing such a copy. sale’’. (d) REPORT.—Not later than April 1, 2001, the SEC. 1102. LIMITATIONS ON BACK PAY AWARDS. (a) In General.—Section 5596(b) of title 5, SEC. 1042. CONTENT OF NOTICE REQUIRED TO BE Secretary shall submit to Congress a report de- PROVIDED GARNISHEES BEFORE scribing the experience of the Department of De- United States Code, is amended— GARNISHMENT OF PAY OR BENE- fense under the authority provided by this sec- (1) by redesignating paragraph (4) as para- FITS. tion. The report shall include the following: graph (5); and (a) AUTHORIZATION OF ALTERNATIVE TO PRO- (1) The number of section 459 notices provided (2) by inserting after paragraph (3) the follow- VIDING COPY OF NOTICE OR SERVICE RECEIVED by the DOD section 459 agent during the period ing new paragraph: ‘‘(4) The pay, allowances, or differentials BY THE SECRETARY.—(1) Whenever the Secretary the authority provided by this section was in ef- granted under this section for the period for of Defense (acting through the DOD section 459 fect. agent) provides a section 459 notice to an indi- (2) The number of individuals who requested which an unjustified or unwarranted personnel vidual, the Secretary may include as part of the DOD section 459 agent to provide to them a action was in effect shall not exceed that au- that notice the information specified in sub- copy of the actual notice or service. thorized by the applicable law, rule, regula- section (c) in lieu of sending with that notice a (3) Any complaint the Secretary received by tions, or collective bargaining agreement under copy (otherwise required pursuant to the par- reason of not having provided the actual notice which the unjustified or unwarranted personnel enthetical phrase in section 459(c)(2)(A) of the or service in the section 459 notice. action is found, except that in no case may pay, Social Security Act) of the notice or service re- (4) The number of section 5520a notices pro- allowances, or differentials be granted under ceived by the DOD section 459 agent with re- vided by the DOD section 5520a agent during this section for a period beginning more than 6 spect to that individual’s child support or ali- the period the authority provided by this section years before the date of the filing of a timely ap- mony payment obligations. was in effect. peal or, absent such filing, the date of the ad- (2) Whenever the Secretary of Defense (acting (5) The number of individuals who requested ministrative determination.’’. through the DOD section 5520a agent) provides the DOD section 5520a agent to provide to them (b) CONFORMING AMENDMENT.—Section 7121 of a section 5520a notice to an individual, the Sec- a copy of the actual legal process. title 5, United States Code, is amended by add- retary may include as part of that notice the in- (6) Any complaint the Secretary received by ing at the end the following new subsection: formation specified in subsection (c) in lieu of reason of not having provided the actual legal ‘‘(h) Settlements and awards under this chap- sending with that notice a copy (otherwise re- process in the section 5520a notice. ter shall be subject to the limitations in section 5596(b)(4) of this title.’’. quired pursuant to the second parenthetical SEC. 1043. TRAINING OF SPECIAL OPERATIONS phrase in section 5520a(c) of the title 5, United FORCES WITH FRIENDLY FOREIGN SEC. 1103. RESTORATION OF ANNUAL LEAVE AC- States Code) of the legal process received by the FORCES. CUMULATED BY CIVILIAN EMPLOY- EES AT INSTALLATIONS IN THE RE- DOD section 5520a agent with respect to that in- (a) TRAINING EXPENSES FOR WHICH PAYMENT PUBLIC OF PANAMA TO BE CLOSED dividual. MAY BE MADE.—Subsection (a)(1) of section PURSUANT TO THE PANAMA CANAL (b) DEFINITIONS.—For purposes of this section: 2011 of title 10, United States Code, is amended TREATY OF 1977. (1) DOD SECTION 459 AGENT.—The term ‘‘DOD by striking out ‘‘and other security forces’’. Section 6304(d)(3)(A) of title 5, United States section 459 agent’’ means the agent or agents (b) PURPOSE OF TRAINING.—Subsection (b) of Code, is amended by inserting ‘‘the closure of an designated by the Secretary of Defense under such section is amended by striking out ‘‘pri- installation of the Department of Defense in the subsection (c)(1)(A) of section 459 of the Social mary’’. Republic of Panama in accordance with the Security Act (42 U.S.C. 659) to receive orders (c) REGULATIONS.—Subsection (c) of such sec- Panama Canal Treaty of 1977,’’ after ‘‘2687 and accept service of process in matters related tion is amended by inserting after the first sen- note) during any period,’’. to child support or alimony. tence the following new sentence: ‘‘The regula- SEC. 1104. REPEAL OF PROGRAM PROVIDING (2) SECTION 459 NOTICE.—The term ‘‘section 459 tions shall require that training activities may PREFERENCE FOR EMPLOYMENT OF notice’’ means, with respect to the Department be carried out under this section only with the MILITARY SPOUSES IN MILITARY of Defense, the notice required by subsection prior approval of the Secretary of Defense.’’. CHILD CARE FACILITIES. (c)(2)(A) of section 459 of the Social Security Act (d) ELEMENTS OF ANNUAL REPORT.—Sub- Section 1792 of title 10, United States Code, is (42 U.S.C. 659) to be sent to an individual in section (e) of such section is amended by adding amended— writing upon the receipt by the DOD section 459 at the end the following new paragraphs: (1) by striking out subsection (d); and agent of notice or service with respect to the in- ‘‘(5) A summary of the expenditures under (2) by redesignating subsection (e) as sub- dividual’s child support or alimony payment ob- this section resulting from the training for section (d). ligations. which expenses were paid under this section. SEC. 1105. ELIMINATION OF RETAINED PAY AS (3) DOD SECTION 5520A AGENT.—The term ‘‘(6) A discussion of the unique military train- BASIS FOR DETERMINING LOCALITY- ‘‘DOD section 5520a agent’’ means a person who ing benefit to United States special operations BASED ADJUSTMENTS. is designated by law or regulation to accept forces derived from the training activities for Section 5302(8)(B) of title 5, United States service of process to which the Department of which expenses were paid under this section.’’. Code, is amended by inserting ‘‘(except a rate May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3533 retained under subsection (a)(2) of that sec- (4) The President has in effect committed (A) transparent functioning of local, entity, tion)’’ after ‘‘section 5363’’. United States ground combat forces in the Re- and national governments; SEC. 1106. OBSERVANCE OF CERTAIN HOLIDAYS public of Bosnia and Herzegovina to providing a (B) acceptance of binding arbitration for the AT DUTY POSTS OUTSIDE THE secure environment for complete implementation implementation of results in contested local elec- UNITED STATES. of the civilian provisions of the Dayton Accords. tions; Section 6103(b) of title 5, United States Code, (5) The Administration has not specified how (C) modification of electoral laws to meet is amended by inserting after paragraph (2) the long such an achievement will take and, there- international and Organization for Security and following new paragraph: fore, the mission of United States ground combat Cooperation in Europe (OSCE) standards; ‘‘(3) Instead of a holiday that is designated forces in the Republic of Bosnia and (D) the free and fair conduct of the September under subsection (a) to occur on a Monday, for Herzegovina is of indefinite duration. 1998 national elections and subsequent elections; an employee at a duty post outside the United (b) ANNUAL PRESIDENTIAL REPORT.—(1) The and States whose basic workweek is other than Mon- President shall submit to Congress an annual (E) similar measures. day through Friday, and for whom Monday is (6) Return of refugees, as measured by— report on the presence of United States ground (A) compliance of entity property laws with a regularly scheduled workday, the legal public combat forces in the Republic of Bosnia and the Dayton Accords; holiday is the first workday of the workweek in Herzegovina. Each such report shall include the (B) participation by entity governments in or- which the Monday designated for the observ- following: derly cross-ethnic returns; ance of such holiday under subsection (a) oc- (A) The President’s assessment of progress to- (C) protection by local police of returnees; curs.’’. ward the full implementation of the civilian (D) acceptance of substantial numbers of re- TITLE XII—MATTERS RELATING TO OTHER goals of the Dayton Accord, as specified in sub- turned refugees in major cities; and NATIONS section (c). (E) similar measures. SEC. 1201. LIMITATION ON FUNDS FOR PEACE- (B) The expected duration of the deployment (7) Resolution of the status of Brcko, as meas- KEEPING IN THE REPUBLIC OF BOS- of United States ground combat forces in the Re- ured by— NIA AND HERZEGOVINA. public of Bosnia and Herzegovina in support of (A) the implementation of local election re- (a) LIMITATION.—The Secretary of Defense implementation of those goals. sults; may not expend from funds appropriated to the (C) The percentage of those goals that have (B) the functioning of an ethnically inte- Department of Defense for fiscal year 1999 more been completed as of the date of the report, the grated police force; (C) ethnic reintegration of Brcko and the sur- than $1,858,600,000 for the purpose of providing percentage that are expected to be completed rounding region; and within the next reporting period, and the ex- for United States participation in Bosnia peace- (D) similar measures. keeping operations. pected time for completion of the remaining (8) Compliance of persons indicted for war (b) EMERGENCY EXCEPTION.—The Secretary tasks. crimes by the International Tribunal for the may increase the amount under subsection (a) (2) The first report under this subsection shall Former Yugoslavia, as measured by— by not more than $100,000,000 for the sole pur- be submitted not later than 90 days after the (A) the termination of political, military, and pose of safeguarding United States forces in the date of the enactment of this Act, and subse- media control by war criminals; event of hostilities, imminent hostilities, or other quent reports shall be submitted at yearly inter- (B) the assistance of local authorities in ap- grave danger to their well-being. Such an in- vals thereafter. The requirement to submit an prehension of indictees; crease may become effective only upon submis- annual report under this subsection terminates (C) the cooperation of entity justice establish- sion by the Secretary to Congress of a certifi- upon the withdrawal of all United States ments in cooperating with the Tribunal; and cation that such grave danger exists and that ground combat forces from the Republic of Bos- (D) similar measures. such additional funds are required to meet im- nia and Herzegovina. (9) The ability of international organizations mediate security threats. (c) BASIS FOR ASSESSMENT OF PROGRESS.—For to carry out their functions within the Republic (c) REPORT.—Not later than April 1, 1999, the purposes of subsection (b)(1)(A), the President of Bosnia and Herzegovina without military Secretary of Defense shall submit to Congress a shall assess whether progress is being made to- support, as measured by— report with respect to United States participa- ward implementation of the civilian goals of the (A) the ability of local authorities to carry out tion in Bosnia peacekeeping operations. The re- Dayton Accords based upon assessment of the demining programs; port shall provide a detailed projection of any following goals and associated matters: (B) the ability of the Office of the High Rep- additional funding that will be required by the (1) Accomplishment of military stability, as resentative to enforce inter-entity agreements Department of Defense to meet mission require- measured by— without accompanying military shows of force; ments for such operations for the remainder of (A) the maintenance of the cease-fire between and (C) similar measures. fiscal year 1999. the former warring parties; (10) Economic reconstruction and recovery, as (d) PRESIDENTIAL AUTHORITY.—Nothing in (B) the continued cantonment of heavy weap- measured by— this section shall be deemed to restrict the au- ons and the observance of arms limitations; (A) local currency circulating freely and its thority of the President under the Constitution (C) the disbanding of special police; use in official transactions; to protect the lives of United States citizens. (D) the termination of covert support to the (B) an agreement reached on a permanent na- (e) BOSNIA PEACEKEEPING OPERATIONS.—For Srpska Demokratska Stranka party by the Fed- tional currency in use in all entities; purposes of subsection (a), the term ‘‘Bosnia eral Republic of Yugoslavia; and (C) the creation of privatization laws consist- peacekeeping operations’’ means the operation (E) similar measures. ent with the Dayton Accords; designated as Operation Joint Force, the oper- (2) Police and judicial reform, as measured (D) government control over sources of reve- ation designated as Operation Joint Endeavor, by— nue; and any other operation under which United (A) the restructuring and ethnic integration of (E) substantial repair and functioning of States military forces participate in peacekeep- local police; major infrastructure elements; ing or peace enforcement activities in the Re- (B) completion of human rights training by (F) an in-place International Monetary Fund public of Bosnia and Herzegovina and any ac- local police forces; program; and tivity that is directly related to the support of (C) the demonstrated ability of local police to (G) similar measures. any such operation. deal effectively and impartially with civil dis- (d) SECRETARY OF DEFENSE REPORT.—(1) Not SEC. 1202. REPORTS ON THE MISSION OF UNITED turbances and disorder; later than December 15, 1998, the Secretary of STATES FORCES IN REPUBLIC OF (D) the implementation of an effective judicial Defense shall submit to the congressional de- BOSNIA AND HERZEGOVINA. reform program; and fense committees a report on the effects of mili- (a) FINDINGS.—Congress finds the following: (E) similar measures. tary operations in the Republic of Bosnia and (1) In section 1202(1) of the National Defense (3) Creation and implementation of effective Herzegovina and the Balkans region on the ca- Authorization Act for Fiscal Year 1998 (Public national institutions untainted by ethnic sepa- pabilities of United States military forces and, Law 105–85; 111 Stat. 1929; approved November ratism, as measured by— in particular, on the capability of United States 18, 1997), it was stated to be the sense of Con- (A) the dissolution of previously outlawed in- military forces to conduct successfully two near- gress that United States ground combat forces stitutions; ly simultaneous major theater wars as specified should not participate in a follow-on force in (B) a functioning customs service with na- in current Defense Planning Guidance and in the Republic of Bosnia and Herzegovina after tional control over customs revenues; accordance with the deployment timelines called June 1998. (C) transparency in national budgets and dis- for in the war plans of the commanders of uni- (2) On December 16, 1997, the President an- bursements; and fied combatant commands. nounced his support for the continued deploy- (D) similar measures. (2) Whenever the number of United States ment of United States ground combat forces in (4) Media reform, as measured by— ground combat forces in the Republic of Bosnia the Republic of Bosnia and Herzegovina after (A) the divestiture of control of broadcast net- and Herzegovina increases or decreases by 10 June 30, 1998, as part of a multinational peace- works from the control of political parties; percent or more compared to the number of such keeping force led by the North Atlantic Treaty (B) opposition party access to media; forces as of the most recent previous report Organization (NATO). (C) the availability of alternative and inde- under this subsection, the Secretary shall submit (3) The President’s decision to extend the pendent media throughout the Republic of Bos- an additional report as specified in paragraph presence of United States ground combat forces nia and Herzegovina; and (1). Any such additional report shall be submit- in the Republic of Bosnia and Herzegovina has (D) similar measures. ted within 30 days of the date on which the re- changed the mission of those forces in a fun- (5) Democratization and reform of the elec- quirement to submit the report becomes effective damental manner. toral process, as measured by— under the preceding sentence. H3534 CONGRESSIONAL RECORD — HOUSE May 20, 1998

(3) The Secretary shall include in each report (2) An assessment of the capability of each (b) FISCAL YEAR 1999 COOPERATIVE THREAT under this subsection information with respect candidate member nation to provide logistical, REDUCTION FUNDS DEFINED.—As used in this to the effects of military operations in the Re- command and control, and other vital infra- title, the term ‘‘fiscal year 1999 Cooperative public of Bosnia and Herzegovina and the Bal- structure required for alliance defense (as speci- Threat Reduction funds’’ means the funds ap- kans region on the capabilities of United States fied in Article V of the NATO Charter), includ- propriated pursuant to the authorization of ap- military forces to conduct successfully two near- ing a description in general terms of alliance propriations in section 301 for Cooperative ly simultaneous major theater wars as specified plans for reinforcing each candidate member na- Threat Reduction programs. in current Defense Planning Guidance and in tion during a crisis or war and detailing means SEC. 1302. FUNDING ALLOCATIONS. accordance with the deployment timelines called for deploying both United States and other (a) IN GENERAL.—Of the fiscal year 1999 Coop- for in the war plans of the commanders of uni- NATO forces from current member states and erative Threat Reduction funds, not more than fied combatant commands. Such information from the continental United States or other the following amounts may be obligated for the shall include information on the effects of those United States bases worldwide and, in particu- purposes specified: operations upon anticipated deployment plans lar, describing plans for ground reinforcement of (1) Except as provided in paragraph (11), for for major theater wars in Southwest Asia or on Hungary. strategic offensive arms elimination in Russia, the Korean peninsula including the following: (3) An assessment of the ability of current and $142,400,000. (A) Deficiencies or delays in deployment of candidate alliance members to deploy and sus- (2) Except as provided in paragraph (11), for strategic lift, logistics support and infrastruc- tain combat forces in alliance defense missions strategic nuclear arms elimination in Ukraine, ture, ammunition (including precision guided conducted in the territory of any of the can- $47,500,000. munitions) support forces, intelligence assets, didate member nations, as specified in Article V (3) For activities to support warhead dis- follow-on forces used for planned of the NATO Charter. mantlement processing in Russia, $9,400,000. counteroffensives, and similar forces. (4) A description of projected defense pro- (B) Additional planned reserve component mo- (4) For activities associated with chemical grams through 2009 (shown on an annual basis weapons destruction in Russia, $35,000,000. bilization, including specific units to be ordered and cumulatively) of each current and can- to active duty and required dates for activation (5) For weapons transportation security in didate alliance member nation, including of presidential call-up authority. Russia, $10,300,000. planned investments in capabilities relevant to (C) Specific plans and timelines for redeploy- (6) For planning, design, and construction of Article V alliance defense and potential alliance ment of United States forces from the Republic a storage facility for Russian fissile material, contingency operations and showing both of Bosnia and Herzegovina, the Balkans region, $60,900,000. planned national efforts as well as planned alli- or supporting forces in the region, to both the (7) For weapons storage security in Russia, ance common efforts and describing any dispari- first and second major theater war. $41,700,000. (D) Preventative actions or deployments in- ties in investments by current or candidate alli- (8) For development of a cooperative program volving United States forces in the Republic of ance member nations. with the Government of Russia to eliminate the Bosnia and Herzegovina and the Balkans region (5) A detailed comparison and description of production of weapons grade plutonium at Rus- that would be taken in the event of a single the- any disparities in scope, methodology, assess- sian reactors, $29,800,000. ater war to deter the outbreak of a second thea- ments of common alliance or national respon- (9) For biological weapons proliferation pre- ter war. sibilities, or any other factor related to alliance vention activities in Russia, $2,000,000. (E) Specific plans and timelines to replace capabilities between (A) the report on alliance (10) For activities designated as Other Assess- forces deployed to the Republic of Bosnia and expansion costs prepared by the Department of ments/Administrative Support $7,000,000. Herzegovina, the Balkans region, or the sur- Defense (in the report submitted to Congress in (11) For strategic arms elimination in Russia rounding region to maintain United States mili- February 1998 entitled ‘‘Report to the Congress or Ukraine, $31,400,000. tary presence. on the Military Requirements and Costs of (b) LIMITED AUTHORITY TO VARY INDIVIDUAL (F) An assessment, undertaken in consulta- NATO Enlargement’’), and (B) the report on al- AMOUNTS.—(1) If the Secretary of Defense deter- tion with the Chairman of the Joint Chiefs of liance expansion costs prepared by NATO col- mines that it is necessary to do so in the na- Staff and the commanders of the unified com- lectively and referred to as the ‘‘NATO esti- tional interest, the Secretary may, subject to batant commands, of the level of increased risk mate’’, issued at Brussels in November 1997. paragraphs (2) and (3), obligate amounts for the to successful conduct of the major theater wars (6) Any other factor that, in the judgment of purposes stated in any of the paragraphs of sub- and the maintenance of security and stability in the Secretary of Defense, bears upon the strate- section (a) in excess of the amount specified for the Republic of Bosnia and Herzegovina and the gic, operational, or tactical military capabilities those purposes in that paragraph. However, the Balkans region, by the requirement to redeploy of an expanded NATO alliance. total amount obligated for the purposes stated forces from Bosnia and the Balkans in the event (c) SUBMISSION OF REPORT.—The report shall in the paragraphs in subsection (a) may not by of a major theater war. be submitted to Congress not later than March reason of the use of the authority provided in (e) DEFINITION OF DAYTON ACCORDS.—For 15, 1999. the preceding sentence exceed the sum of the purposes of this section, the term ‘‘Dayton Ac- SEC. 1204. ONE-YEAR EXTENSION OF amounts specified in those paragraphs. cords’’ means the General Framework Agree- COUNTERPROLIFERATION AUTHORI- (2) An obligation for the purposes stated in ment for Peace in Bosnia and Herzegovina, ini- TIES FOR SUPPORT OF UNITED NA- any of the paragraphs in subsection (a) in ex- tialed by the parties in Dayton, Ohio, on No- TIONS SPECIAL COMMISSION ON cess of the amount specified in that paragraph IRAQ. vember 21, 1995, and signed in Paris on Decem- may be made using the authority provided in (a) AMOUNT AUTHORIZED FOR FISCAL YEAR ber 14, 1995. paragraph (1) only after— 1999.—The total amount of assistance for fiscal SEC. 1203. REPORT ON MILITARY CAPABILITIES (A) the Secretary submits to Congress notifica- year 1999 provided by the Secretary of Defense OF AN EXPANDED NATO ALLIANCE. tion of the intent to do so together with a com- under section 1505 of the Weapons of Mass De- (a) REPORT.—The Secretary of Defense shall plete discussion of the justification for doing so; struction Control Act of 1992 (22 U.S.C. 5859a) prepare a report, in both classified and unclassi- and that is provided in the form of funds, including fied form, on the planned future military capa- (B) 15 days have elapsed following the date of funds used for activities of the Department of bilities of the North Atlantic Treaty Organiza- the notification. Defense in support of the United Nations Spe- tion (NATO) in light of the proposed inclusion (3) The Secretary may not, under the author- cial Commission on Iraq, may not exceed of Poland, the Czech Republic, and Hungary in ity provided in paragraph (1), obligate amounts $15,000,000. the NATO alliance. The report shall set forth— appropriated for the purposes stated in any of (b) EXTENSION OF AUTHORITY TO PROVIDE AS- (1) the tactical, operational, and strategic paragraphs (3) through (10) of subsection (a) in SISTANCE.—Subsection (f) of section 1505 of the issues that would be raised by the inclusion of excess of 115 percent of the amount stated in Weapons of Mass Destruction Control Act of Poland, the Czech Republic, and Hungary in those paragraphs. the NATO alliance; 1992 (22 U.S.C. 5859a) is amended by striking out (2) the required improvements to common alli- ‘‘1998’’ and inserting in lieu thereof ‘‘1999’’. SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. ance military assets that would result from the SEC. 1205. REPEAL OF LANDMINE MORATORIUM. (a) IN GENERAL.—No fiscal year 1999 Coopera- inclusion of those nations in the alliance; Section 580 of the Foreign Operations Appro- (3) the planned improvements to national ca- tive Threat Reduction funds, and no funds ap- priations Act, 1996 (Public Law 104–107; 110 Sat propriated for Cooperative Threat Reduction pabilities of current NATO members that would 751), is repealed. be required by reason of the inclusion of those programs for any prior fiscal year and remain- TITLE XIII—COOPERATIVE THREAT RE- nations in the alliance; ing available for obligation, may be obligated or (4) the planned improvements to national ca- DUCTION WITH STATES OF FORMER SO- expended for any of the following purposes: pabilities of the military forces of those can- VIET UNION (1) Conducting with Russia any peacekeeping didate member nations; and SEC. 1301. SPECIFICATION OF COOPERATIVE exercise or other peacekeeping-related activity. (5) the additional requirements that would be THREAT REDUCTION PROGRAMS (2) Provision of housing. imposed on the United States by NATO expan- AND FUNDS. (3) Provision of assistance to promote environ- sion. (a) SPECIFICATION OF CTR PROGRAMS.—For mental restoration. (b) MATTERS TO BE INCLUDED.—The report purposes of section 301 and other provisions of (4) Provision of assistance to promote job re- shall include the following: this Act, Cooperative Threat Reduction pro- training. (1) An assessment of the tactical and oper- grams are the programs specified in subsection (5) Programs other than the programs speci- ational capabilities of the military forces of each (b) of section 406 of title 10, United States Code fied in subsection (b) of section 406 of title 10, of the candidate member nations. (as added by section 1305). United States Code (as added by section 1305). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3535

(b) LIMITATION WITH RESPECT TO DEFENSE tive Threat Reduction funds may be obligated or or other countries to visit military and non- CONVERSION ASSISTANCE.—None of the funds expended for strategic offensive arms elimi- military biological research, development, test- appropriated pursuant to this Act may be obli- nation projects in Russia related to the START ing, and production sites in order to resolve am- gated or expended for the provision of assistance II Treaty (as defined in section 1302(f) of the biguities regarding activities at such sites. to Russia or any other state of the former Soviet National Defense Authorization Act for Fiscal (6) A description of the information provided Union to promote defense conversion. Year 1998 (Public Law 105–85; 111 Stat. 1948)) by Russia about its biological weapons dis- SEC. 1304. LIMITATION ON USE OF FUNDS FOR until 30 days after the date on which the Sec- mantlement efforts to date. CHEMICAL WEAPONS DESTRUCTION retary of Defense submits to Congress the certifi- (7) An assessment of the accuracy and com- FACILITY. cation described in section 1404 of the National prehensiveness of declarations by Russia regard- No fiscal year 1999 Cooperative Threat Reduc- Defense Authorization Act for Fiscal Year 1998 ing its biological weapons activities. tion funds authorized to be obligated in section (Public Law 105–85; 111 Stat. 1960). (8) An identification of collaborative biologi- 1302(a)(4) for activities associated with chemical (b) USE OF FUNDS FOR CHEMICAL WEAPONS cal research projects carried out by the United weapons destruction in Russia, and no funds DESTRUCTION FACILITY.—No fiscal year 1999 Co- States and Russia for which Cooperative Threat appropriated for Cooperative Threat Reduction operative Threat Reduction funds may be obli- Reduction funds have been used. programs for any prior fiscal year and remain- gated or expended for activities relating to a (9) An evaluation of the political and military ing available for obligation, may be used for chemical weapons destruction facility until 15 utility of prior, existing, and prospective cooper- construction of a chemical weapons destruction days after the date that is the later of the dates ative biological pathogen research programs car- facility. described in section 1405 of the National Defense ried out between the United States and Russia, SEC. 1305. LIMITATION ON OBLIGATION OF Authorization Act for Fiscal Year 1998 (Public and an assessment of the impact of such pro- FUNDS FOR A SPECIFIED PERIOD. Law 105–85; 111 Stat. 1960). grams on increasing Russian military trans- (a) IN GENERAL.—(1) Chapter 20 of title 10, (c) USE OF FUNDS FOR DESTRUCTION OF CHEM- parency with respect to biological weapons ac- United States Code, is amended by adding at the ICAL WEAPONS.—No funds authorized to be ap- tivities. end the following new section: propriated under this or any other Act for fiscal (10) An assessment of the political and mili- ‘‘§ 406. Use of Cooperative Threat Reduction year 1999 for Cooperative Threat Reduction pro- tary utility of the long-term collaborative pro- program funds: limitation grams may be obligated or expended for chemi- gram advocated by the National Academy of cal weapons destruction activities until the Sciences in its October 27, 1997 report, ‘‘Control- ‘‘(a) IN GENERAL.—In carrying out Coopera- President submits to Congress the written cer- tive Threat Reduction programs during any fis- ling Dangerous Pathogens: A Blueprint for tification described in section 1406(b) of the Na- cal year, the Secretary of Defense may use U.S.-Russian Cooperation’’. tional Defense Authorization Act for Fiscal funds appropriated for those programs only to SEC. 1309. LIMITATION ON USE OF FUNDS FOR BI- Year 1998 (Public Law 105–85; 111 Stat. 1961). the extent that those funds were appropriated OLOGICAL WEAPONS PROLIFERA- (d) USE OF FUNDS FOR STORAGE FACILITY FOR TION PREVENTION ACTIVITIES IN for that fiscal year or for either of the 2 preced- RUSSIAN FISSILE MATERIAL.—No fiscal year 1999 RUSSIA. ing fiscal years. Cooperative Threat Reduction funds may be ob- No fiscal year 1999 Cooperative Threat Reduc- ‘‘(b) DEFINITION OF COOPERATIVE THREAT RE- ligated or expended for planning, design, or tion funds may be obligated or expended for bio- DUCTION PROGRAMS.—In this section, the term construction of a storage facility for Russian logical weapons proliferation prevention activi- ‘Cooperative Threat Reduction programs’ means fissile material until 15 days after the date that ties in Russia until 15 days after the date that the following programs with respect to states of is the later of the dates described in section 1407 is the later of the following: the former Soviet Union: (1) The date on which the Secretary of De- ‘‘(1) Programs to facilitate the elimination, of the National Defense Authorization Act for fense submits to Congress a certification that no and the safe and secure transportation and stor- Fiscal Year 1998 (Public Law 105–85; 111 Stat. Cooperative Threat Reduction funds provided age, of nuclear, chemical, and other weapons of 1962). (e) USE OF FUNDS FOR WEAPONS STORAGE SE- for cooperative research activities at biological mass destruction and their delivery vehicles. ‘‘(2) Programs to facilitate the safe and secure CURITY.—No fiscal year 1999 Cooperative Threat research institutes in Russia have been used— storage of fissile materials derived from the Reduction funds intended for weapons storage (A) to support activities that have resulted in elimination of nuclear weapons. security activities in Russia may be obligated or the development of a new strain of anthrax; or ‘‘(3) Programs to prevent the proliferation of expended until 15 days after the date that the (B) for any purpose inconsistent with the ob- weapons of mass destruction, components, and Secretary of Defense submits to Congress the re- jectives of providing such assistance. technology and expertise related to such weap- port on the status of negotiations between the (2) The date on which the Secretary submits ons. United States and Russia described in section to the congressional defense committees notifica- ‘‘(4) Programs to expand military-to-military 1408 of the National Defense Authorization Act tion that the United States has examined and and defense contacts.’’. for Fiscal Year 1998 (Public Law 105–85; 111 tested the new strain of anthrax reportedly de- (2) The table of sections at the beginning of Stat. 1962). veloped at the State Research Center for Applied such chapter is amended by adding at the end SEC. 1308. REPORT ON BIOLOGICAL WEAPONS Microbiology in Obolensk, Russia. the following new item: PROGRAMS IN RUSSIA. SEC. 1310. LIMITATION ON USE OF CERTAIN (a) REPORT.—Not later than December 31, ‘‘406. Use of Cooperative Threat Reduction pro- FUNDS FOR STRATEGIC ARMS ELIMI- 1998, the Secretary of Defense shall submit to NATION IN RUSSIA OR UKRAINE. gram funds: limitation.’’. the congressional defense committees a report, No fiscal year 1999 Cooperative Threat Reduc- (b) EFFECTIVE DATE.—The limitation de- in classified and unclassified forms, contain- tion funds authorized to be obligated in section scribed in section 406 of title 10, United States ing— 1302(a)(11) for strategic arms elimination in Rus- Code, as added by subsection (a), shall apply (1) an assessment of the extent of compliance sia or Ukraine may be obligated or expended with respect to fiscal years beginning with fiscal by Russia with international agreements relat- until 30 days after the date that the Secretary of year 1999. ing to the control of biological weapons; and Defense submits to the congressional defense SEC. 1306. REQUIREMENT TO SUBMIT BREAK- (2) a detailed evaluation of the potential polit- committees notification on how the Secretary DOWN OF AMOUNTS REQUESTED BY ical and military costs and benefits of collabo- plans to use such funds. PROJECT CATEGORY. rative biological pathogen research efforts by SEC. 1311. AVAILABILITY OF FUNDS. The Secretary of Defense shall submit to Con- the United States and Russia. Funds appropriated pursuant to the author- gress on an annual basis, not later than 30 days ONTENT OF REPORT.—The report required (b) C ization of appropriations in section 301 for Co- after the date that the President submits to Con- under subsection (a) shall include the following: operative Threat Reduction programs shall be gress the budget of the United States Govern- (1) An evaluation of the extent of the control available for obligation for three fiscal years. ment for the following fiscal year— and oversight by the Government of Russia over (1) a breakdown, with respect to the appro- the military and civilian-military biological war- DIVISION B—MILITARY CONSTRUCTION priations requested for Cooperative Threat Re- fare programs formerly controlled or overseen by AUTHORIZATIONS duction programs for the fiscal year after the states of the former Soviet Union. SEC. 2001. SHORT TITLE. fiscal year in which the breakdown is submitted, (2) The extent and scope of continued biologi- This division may be cited as the ‘‘Military of the amounts requested for each project cat- cal warfare research, development, testing, and Construction Authorization Act for Fiscal Year egory under each Cooperative Threat Reduction production in Russia, including the sites where 1999’’. program element; and such activity is occurring and the types of activ- (2) a breakdown, with respect to appropria- ity being conducted. TITLE XXI—ARMY tions for Cooperative Threat Reduction pro- (3) An assessment of compliance by Russia SEC. 2101. AUTHORIZED ARMY CONSTRUCTION grams for the fiscal year in which the break- with the terms of the Biological Weapons Con- AND LAND ACQUISITION PROJECTS. down is submitted, of the amounts obligated or vention. (a) INSIDE THE UNITED STATES.—Using expended, or planned to be obligated or ex- (4) An identification and assessment of the amounts appropriated pursuant to the author- pended, for each project category under each measures taken by Russia to comply with the ization of appropriations in section 2104(a)(1), Cooperative Threat Reduction program element. obligations assumed under the Joint Statement the Secretary of the Army may acquire real SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL on Biological Weapons, agreed to by the United property and carry out military construction COMPLETION OF FISCAL YEAR 1998 States, the United Kingdom, and Russia on Sep- projects for the installations and locations in- REQUIREMENTS. tember 14, 1992. side the United States, and in the amounts, set (a) USE OF FUNDS FOR PROGRAMS RELATED TO (5) A description of the extent to which Russia forth in the following table: START II TREATY.—No fiscal year 1999 Coopera- has permitted individuals from the United States H3536 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Army: Inside the United States

State Installation or location Amount

Alabama ...... Anniston Army Depot ...... $3,550,000 Fort Rucker ...... $4,300,000 Redstone Arsenal ...... $1,550,000 California ...... Fort Irwin ...... $14,800,000 Georgia ...... Fort Benning ...... $28,600,000 Hawaii ...... Schofield Barracks ...... $67,500,000 Illinois ...... Rock Island Arsenal ...... $5,300,000 Indiana ...... Crane Army Ammunition Activity ...... $7,100,000 Kansas ...... Fort Riley ...... $3,600,000 Kentucky ...... Blue Grass Army Depot ...... $5,300,000 Fort Campbell ...... $41,000,000 Fort Knox ...... $23,000,000 Louisiana ...... Fort Polk ...... $8,300,000 Maryland ...... Fort Detrick ...... $3,550,000 Missouri ...... Fort Leonard Wood ...... $28,200,000 New Jersey ...... Fort Monmouth ...... $7,600,000 Picatinny Arsenal ...... $8,400,000 New York ...... Fort Drum ...... $4,650,000 United States Military Academy, West Point ...... $85,000,000 North Carolina ...... Fort Bragg ...... $95,900,000 Oklahoma ...... Fort Sill ...... $13,800,000 McAlester Army Ammunition Plant ...... $10,800,000 Texas ...... Fort Bliss ...... $4,100,000 Fort Hood ...... $32,500,000 Fort Sam Houston ...... $21,800,000 Utah ...... Tooele Army Depot ...... $3,900,000 Virginia ...... National Ground Intelligence Center, Charlottesville ...... $46,200,000 Fort Eustis ...... $36,531,000 Washington ...... Fort Lewis ...... $18,200,000 CONUS Classified ...... Classified Location ...... $4,600,000

Total ...... $639,631,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Army may acquire real States, and in the amounts, set forth in the fol- amounts appropriated pursuant to the author- property and carry out military construction lowing table: ization of appropriations in section 2104(a)(2), projects for the locations outside the United Army: Outside the United States

Country Installation or location Amount

Belgium ...... 80th Area Support Group ...... $6,300,000 Germany ...... Schweinfurt ...... $18,000,000 Wurzburg ...... $4,250,000 Korea ...... Camp Casey ...... $13,400,000 Camp Castle ...... $18,226,000 Camp Humphreys ...... $8,500,000 Camp Stanley ...... $5,800,000 Kwajalein ...... Kwajalein Atoll ...... $48,600,000

Total ...... $123,076,000

SEC. 2102. FAMILY HOUSING. 2104(a)(5)(A), the Secretary of the Army may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Army: Family Housing

Installation or State location Purpose Amount

Alabama ...... Redstone Arsenal ...... 118 Units ...... $14,000,000 Hawaii ...... Schofield Barracks ...... 64 Units ...... $14,700,000 North Carolina ...... Fort Bragg ...... 170 Units ...... $19,800,000 Texas ...... Fort Hood ...... 154 Units ...... $21,600,000 Virginia ...... Fort Lee ...... 80 Units ...... $13,000,000

Total ...... $83,100,000

(b) PLANNING AND DESIGN.—Using amounts SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, appropriated pursuant to the authorization of HOUSING UNITS. ARMY. appropriations in section 2104(a)(5)(A), the Sec- Subject to section 2825 of title 10, United (a) IN GENERAL.—Funds are hereby author- retary of the Army may carry out architectural States Code, and using amounts appropriated ized to be appropriated for fiscal years begin- and engineering services and construction de- pursuant to the authorization of appropriations ning after September 30, 1998, for military con- sign activities with respect to the construction in section 2104(a)(5)(A), the Secretary of the struction, land acquisition, and military family or improvement of family housing units in an Army may improve existing military family housing functions of the Department of the amount not to exceed $6,350,000. housing units in an amount not to exceed Army in the total amount of $2,010,036,000 as $37,429,000. follows: May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3537 (1) For military construction projects inside section 2101(a) of the Military Construction Au- SEC. 2105. INCREASE IN FISCAL YEAR 1998 AU- the United States authorized by section 2101(a), thorization Act for Fiscal Year 1998, $9,000,000. THORIZATION FOR MILITARY CON- STRUCTION PROJECTS AT FORT $535,631,000. (b) LIMITATION ON TOTAL COST OF CONSTRUC- (2) For military construction projects outside DRUM, NEW YORK, AND FORT SILL, TION PROJECTS.—Notwithstanding the cost vari- OKLAHOMA. the United States authorized by section 2101(b), ations authorized by section 2853 of title 10, $87,076,000. (a) INCREASE.—The table in section 2101(a) of United States Code, and any other cost vari- the Military Construction Authorization Act for (3) For unspecified minor construction ation authorized by law, the total cost of all projects authorized by section 2805 of title 10, Fiscal Year 1998 (division B of Public Law 105– projects carried out under section 2101 of this 85; 111 Stat. 1967) is amended— United States Code, $5,000,000. Act may not exceed— (4) For architectural and engineering services (1) in the item relating to Fort Drum, New (1) the total amount authorized to be appro- and construction design under section 2807 of York, by striking out ‘‘$24,400,000’’ in the priated under paragraphs (1) and (2) of sub- title 10, United States Code, $63,792,000. amount column and inserting in lieu thereof (5) For military family housing functions: section (a); ‘‘$24,900,000’’; (A) For construction and acquisition, plan- (2) $16,000,000 (the balance of the amount au- (2) in the item relating to Fort Sill, Oklahoma, ning and design, and improvement of military thorized under section 2101(a) for the construc- by striking out ‘‘$25,000,000’’ in the amount col- family housing and facilities, $126,879,000. tion of a multipurpose digital training range at umn and inserting in lieu thereof ‘‘$28,500,000’’; (B) For support of military family housing Fort Knox, Kentucky); and (including the functions described in section (3) $15,000,000 (the balance of the amount au- (3) by striking out the amount identified as 2833 of title 10, United States Code), thorized under section 2101(a) for the construc- the total in the amount column and inserting in $1,097,697,000. tion of a railhead facility at Fort Hood, Texas); lieu thereof ‘‘$602,750,000’’. (6) For the Homeowners Assistance Program (4) $73,000,000 (the balance of the amount au- (b) CONFORMING AMENDMENT.—Section 2104 of as authorized by section 2832 of title 10, United thorized under section 2101(a) for the construc- that Act (111 Stat. 1968) is amended— States Code, $7,500,000. tion of a cadet development center at the United (1) in subsection (a)— (7) For the construction of the missile software States Military Academy, West Point, New (A) in the matter preceding paragraph (1), by engineering annex, phase II, Redstone Arsenal, York); and striking out ‘‘$2,010,466,000’’ and inserting in Alabama, authorized by section 2101(a) of the (5) $36,000,000 (the balance of the amount au- lieu thereof ‘‘$2,013,966,000’’; and Military Construction Authorization Act for thorized under section 2101(b) for the construc- (B) in paragraph (1), by striking out Fiscal Year 1998 (division B of Public Law 105– tion of a powerplant on Roi Namur Island at ‘‘$435,350,000’’ and inserting in lieu thereof 85; 111 Stat. 1966), $13,600,000. Kwajalein Atoll, Kwajalein). ‘‘$438,850,000’’; and (8) For the construction of a disciplinary bar- (c) ADJUSTMENTS.—The total amount author- (2) in subsection (b)(8), by striking out racks, phase II, Fort Leavenworth, Kansas, au- ized to be appropriated pursuant to paragraphs ‘‘$8,500,000’’ and inserting in lieu thereof thorized by section 2101(a) of the Military Con- (1) through (11) of subsection (a) is the sum of ‘‘$9,000,000’’. struction Authorization Act for Fiscal Year the amounts authorized to be appropriated in 1998, $29,000,000. TITLE XXII—NAVY (9) For the construction of the whole barracks such paragraphs, reduced by— SEC. 2201. AUTHORIZED NAVY CONSTRUCTION complex renewal, Fort Sill, Oklahoma, author- (1) $2,639,000, which represents the combina- AND LAND ACQUISITION PROJECTS. ized by section 2101(a) of the Military Construc- tion of project savings in military family hous- (a) INSIDE THE UNITED STATES.—Using tion Authorization Act for Fiscal Year 1998, ing construction resulting from favorable bids, amounts appropriated pursuant to the author- $20,500,000. reduced overhead costs, and cancellations due ization of appropriations in section 2204(a)(1), (10) For rail yard expansion at Fort Carson, to force structure changes; and the Secretary of the Navy may acquire real Colorado, authorized by section 2101(a) of the (2) $6,000,000, which represents the combina- property and carry out military construction Military Construction Authorization Act for tion of project savings in military construction projects for the installations and locations in- Fiscal Year 1998, $23,000,000. resulting from favorable bids, reduced overhead side the United States, and in the amounts, set (11) For the construction of an aerial gunnery costs, and cancellations due to force structure forth in the following table: range at Fort Drum, New York, authorized by changes. Navy: Inside the United States

State Installation or location Amount

Arizona ...... Marine Corps Air Station, Yuma ...... $11,010,000 Naval Observatory Detachment, Flagstaff ...... $990,000 California ...... Marine Corps Air Station, Miramar ...... $29,570,000 Marine Corps Base, Camp Pendleton ...... $40,430,000 Naval Air Station, Lemoore ...... $20,640,000 Naval Air Warfare Center Weapons Division, China Lake ...... $10,140,000 Naval Facility, San Clemente Island ...... $8,350,000 Naval Submarine Base, San Diego ...... $11,400,000 District of Columbia ...... Naval District, Washington ...... $790,000 Florida ...... Naval Air Station, Key West ...... $3,730,000 Naval Air Station, Jacksonville ...... $1,500,000 Naval Air Station, Whiting Field ...... $1,400,000 Naval Station, Mayport ...... $6,163,000 Georgia ...... Marine Corps Logistics Base, Albany ...... $2,800,000 Naval Submarine Base, Kings Bay ...... $2,550,000 Hawaii ...... Fleet and Industrial Supply Center, Pearl Harbor ...... $9,730,000 Marine Corps Air Station, Kaneohe Bay ...... $27,410,000 Naval Communications & Telecommunications Area Master Station Eastern Pa- cific, Wahiawa ...... $1,970,000 Naval Shipyard, Pearl Harbor ...... $11,400,000 Naval Station, Pearl Harbor ...... $18,180,000 Naval Submarine Base, Pearl Harbor ...... $8,060,000 Navy Public Works Center, Pearl Harbor ...... $28,967,000 Illinois ...... Naval Training Center, Great Lakes ...... $20,280,000 Indiana ...... Naval Surface Warfare Center, Crane ...... $11,110,000 Maryland ...... Naval Surface Warfare Center, Indian Head Division, Indian Head ...... $13,270,000 Mississippi ...... Naval Air Station, Meridian ...... $3,280,000 Naval Construction Battalion Center Gulfport ...... $10,670,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $6,040,000 Marine Corps Base, Camp LeJeune ...... $14,600,000 Pennsylvania ...... Naval Surface Warfare Center Ship Systems Engineering Station, Philadelphia .... $2,410,000 Rhode Island ...... Naval Education and Training Center, Newport ...... $5,630,000 Naval Undersea Warfare Center Division, Newport ...... $9,140,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $1,770,000 Marine Corps Reserve Detachment Parris Island ...... $15,990,000 Naval Weapons Station, Charleston ...... $9,737,000 Texas ...... Naval Station, Ingleside ...... $12,200,000 Virginia ...... Fleet and Industrial Supply Center, Norfolk (Craney Island) ...... $1,770,000 Fleet Training Center, Norfolk ...... $5,700,000 H3538 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Navy: Inside the United States—Continued

State Installation or location Amount

Naval Air Station, Oceana ...... $6,400,000 Naval Shipyard, Norfolk, Portsmouth ...... $6,180,000 Naval Station, Norfolk ...... $45,530,000 Naval Surface Warfare Center, Dahlgren ...... $15,680,000 Tactical Training Group Atlantic, Dam Neck ...... $2,430,000 Washington ...... Naval Shipyard, Puget Sound ...... $4,300,000 Strategic Weapons Facility Pacific, Bremerton ...... $2,750,000

Total ...... $484,047,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Navy may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2204(a)(2), projects for the installations and locations out- Navy: Outside the United States

Country Installation or location Amount

Greece ...... Naval Support Activity, Souda Bay ...... $5,260,000 Guam ...... Naval Activities, Guam ...... $10,310,000 Italy ...... Naval Support Activity, Naples ...... $18,270,000 United Kingdom ...... Joint Maritime Communications Center, St. Mawgan ...... $2,010,000

Total ...... $35,850,000

SEC. 2202. FAMILY HOUSING. 2204(a)(5)(A), the Secretary of the Navy may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Navy: Family Housing

State Installation or location Purpose Amount

California ...... Naval Air Station, Lemoore ...... 162 Units ...... $30,379,000 Hawaii ...... Navy Public Works Center, Pearl Harbor ...... 150 Units ...... $29,125,000

Total ...... $59,504,000

(b) PLANNING AND DESIGN.—Using amounts (3) For unspecified minor construction ing construction resulting from favorable bids, appropriated pursuant to the authorization of projects authorized by section 2805 of title 10, reduced overhead costs, and cancellations due appropriations in section 2204(a)(5)(A), the Sec- United States Code, $8,900,000. to force structure changes; and retary of the Navy may carry out architectural (4) For architectural and engineering services (2) $5,000,000 which represents the combina- and engineering services and construction de- and construction design under section 2807 of tion of project savings in military construction sign activities with respect to the construction title 10, United States Code, $60,346,000. resulting from favorable bids, reduced overhead or improvement of military family housing units (5) For military family housing functions: costs, and cancellations due to force structure (A) For construction and acquisition, plan- in an amount not to exceed $15,618,000. changes. ning and design, and improvement of military SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY family housing and facilities, $297,113,000. SEC. 2205. AUTHORIZATION TO ACCEPT ROAD HOUSING UNITS. (B) For support of military housing (including CONSTRUCTION PROJECT, MARINE Subject to section 2825 of title 10, United functions described in section 2833 of title 10, CORPS BASE, CAMP LEJEUNE, States Code, and using amounts appropriated United States Code), $915,293,000. NORTH CAROLINA. pursuant to the authorization of appropriations (b) LIMITATION ON TOTAL COST OF CONSTRUC- The Secretary of the Navy may accept from in section 2204(a)(5)(A), the Secretary of the TION PROJECTS.—Notwithstanding the cost vari- the State of North Carolina, a road construction Navy may improve existing military family ations authorized by section 2853 of title 10, project valued at approximately $2,000,000, housing units in an amount not to exceed United States Code, and any other cost vari- which is to be constructed at Marine Corps $221,991,000. ation authorized by law, the total cost of all Base, Camp Lejeune, North Carolina, in accord- SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, projects carried out under section 2201 of this ance with plans and specifications acceptable to NAVY. Act may not exceed— the Secretary of the Navy. (1) the total amount authorized to be appro- (a) IN GENERAL.—Funds are hereby author- TITLE XXIII—AIR FORCE ized to be appropriated for fiscal years begin- priated under paragraphs (1) and (2) of sub- section (a); and SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- ning after September 30, 1998, for military con- (2) $13,500,000 (the balance of the amount au- TION AND LAND ACQUISITION struction, land acquisition, and military family thorized under section 2202(a) for the construc- PROJECTS. housing functions of the Department of the tion of a berthing pier at Naval Station, Nor- (a) INSIDE THE UNITED STATES.—Using Navy in the total amount of $1,776,726,000 as folk, Virginia. amounts appropriated pursuant to the author- follows: (c) ADJUSTMENT.—The total amount author- ization of appropriations in section 2304(a)(1), (1) For military construction projects inside ized to be appropriated pursuant to paragraphs the Secretary of the Air Force may acquire real the United States authorized by section 2201(a), (1) through (5) of subsection (a) is the sum of property and carry out military construction $470,547,000. the amounts authorized to be appropriated in projects for the installations and locations in- (2) For military construction projects outside such paragraphs, reduced by— side the United States, and in the amounts, set the United States authorized by section 2201(b), (1) $6,323,000 which represents the combina- forth in the following table: $35,850,000. tion of project savings in military family hous- Air Force: Inside the United States

State Installation or location Amount

Alabama ...... Maxwell Air Force Base ...... $19,398,000 Alaska ...... Eielson Air Force Base ...... $4,352,000 Arizona ...... Luke Air Force Base ...... $3,400,000 California ...... Edwards Air Force Base ...... $10,361,000 Travis Air Force Base ...... $4,250,000 May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3539 Air Force: Inside the United States—Continued

State Installation or location Amount

Vandenberg Air Force Base ...... $18,709,000 Colorado ...... Falcon Air Force Station ...... $9,601,000 United States Air Force Academy ...... $4,413,000 District of Columbia ...... Bolling Air Force Base ...... $2,948,000 Florida ...... Eglin Air Force Base ...... $20,437,000 Eglin Auxiliary Field 9 ...... $3,837,000 MacDill Air Force Base ...... $9,808,000 Tyndall Air Force Base ...... $3,600,000 Georgia ...... Robins Air Force Base ...... $11,894,000 Hawaii ...... Hickam Air Force Base ...... $5,890,000 Idaho ...... Mountain Home Air Force Base ...... $16,397,000 Kansas ...... McConnell Air Force Base ...... $4,450,000 Maryland ...... Andrews Air Force Base ...... $4,448,000 Mississippi ...... Keesler Air Force Base ...... $35,526,000 Nevada ...... Indian Springs Air Force Auxiliary Air Field ...... $15,013,000 Nellis Air Force Base ...... $6,378,000 New Jersey ...... McGuire Air Force Base ...... $6,044,000 New Mexico ...... Holloman Air Force Base ...... $11,100,000 Kirtland Air Force Base ...... $1,774,000 North Carolina ...... Seymour Johnson Air Force Base ...... $6,100,000 North Dakota ...... Grand Forks Air Force Base ...... $2,686,000 Ohio ...... Wright-Patterson Air Force Base ...... $22,000,000 Oklahoma ...... Altus Air Force Base ...... $5,300,000 Tinker Air Force Base ...... $25,385,000 Vance Air Force Base ...... $6,223,000 South Carolina ...... Charleston Air Force Base ...... $24,330,000 South Dakota ...... Ellsworth Air Force Base ...... $6,500,000 Tennessee ...... Arnold Air Force Base ...... $11,600,000 Texas ...... Brooks Air Force Base ...... $7,000,000 Dyess Air Force Base ...... $3,350,000 Lackland Air Force Base ...... $14,930,000 Laughlin Air Force Base ...... $7,315,000 Randolph Air Force Base ...... $3,166,000 Washington ...... Fairchild Air Force Base ...... $13,820,000 McChord Air Force Base ...... $51,847,000

Total ...... $445,580,000

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of the Air Force may acquire real side the United States, and in the amounts, set amounts appropriated pursuant to the author- property and carry out military construction forth in the following table: ization of appropriations in section 2304(a)(2), projects for the installations and locations out- Air Force: Outside the United States

Country Installation or location Amount

Germany ...... Spangdahlem Air Base ...... $13,967,000 Korea ...... Kunsan Air Base ...... $5,958,000 Osan Air Base ...... $7,496,000 Turkey ...... Incirlik Air Base ...... $2,949,000 United Kingdom ...... Royal Air Force, Lakenheath ...... $15,838,000 Royal Air Force, Mildenhall ...... $24,960,000

Total ...... $71,168,000

SEC. 2302. FAMILY HOUSING. 2304(a)(5)(A), the Secretary of the Air Force may for the purposes, and in the amounts set forth (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units (in- in the following table: amounts appropriated pursuant to the author- cluding land acquisition) at the installations, ization of appropriations in section Air Force: Family Housing

State Installation or location Purpose Amount

Alabama ...... Maxwell Air Force Base ...... 143 Units ...... $16,300,000 Alaska ...... Eielson Air Force Base ...... 46 Units ...... $12,932,000 California ...... Edwards Air Force Base ...... 48 Units ...... $12,580,000 Vandenberg Air Force Base ...... 95 Units ...... $18,499,000 Delaware ...... Dover Air Force Base ...... 55 Units ...... $8,998,000 Florida ...... MacDill Air Force Base ...... 48 Units ...... $7,609,000 Patrick Air Force Base ...... 46 Units ...... $9,692,000 Tyndall Air Force Base ...... 122 Units ...... $14,500,000 Nebraska ...... Offutt Air Force Base ...... Ancillary Facil- ity ...... $870,000 Offutt Air Force Base ...... Ancillary Facil- ity ...... $900,000 Offutt Air Force Base ...... 90 Units ...... $12,212,000 Nevada ...... Nellis Air Force Base ...... 60 Units ...... $10,550,000 New Mexico ...... Kirtland Air Force Base ...... 37 Units ...... $6,400,000 Ohio ...... Wright-Patterson Air Force Base ...... 40 Units ...... $5,600,000 Texas ...... Dyess Air Force Base ...... 64 Units ...... $9,415,000 Sheppard Air Force Base ...... 65 Units ...... $7,000,000 H3540 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Washington ...... Fairchild Air Force Base ...... Ancillary Facil- ity ...... $1,692,000 Fairchild Air Force Base ...... 14 Units ...... $2,300,000

Total ...... $158,049,000

(b) PLANNING AND DESIGN.—Using amounts (1) For military construction projects inside (c) ADJUSTMENT.—The total amount author- appropriated pursuant to the authorization of the United States authorized by section 2301(a), ized to be appropriated pursuant to paragraphs appropriations in section 2304(a)(5)(A), the Sec- $445,580,000. (1) through (5) of subsection (a) is the sum of retary of the Air Force may carry out architec- (2) For military construction projects outside the amounts authorized to be appropriated in tural and engineering services and construction the United States authorized by section 2301(b), such paragraphs, reduced by— design activities with respect to the construction $71,168,000. (1) $9,584,000 which represents the combina- or improvement of military family housing units (3) For unspecified minor construction tion of project savings in military family hous- in an amount not to exceed $11,342,000. projects authorized by section 2805 of title 10, ing construction resulting from favorable bids, United States Code, $7,135,000. reduced overhead costs, and cancellations due SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY (4) For architectural and engineering services to force structure changes; and HOUSING UNITS. and construction design under section 2807 of (2) $11,000,000 which represents the combina- Subject to section 2825 of title 10, United title 10, United States Code, $37,592,000. tion of project savings in military construction States Code, and using amounts appropriated (5) For military housing functions: resulting from favorable bids, reduced overhead pursuant to the authorization of appropriations (A) For construction and acquisition, plan- costs, and cancellations due to force structure in section 2304(a)(5)(A), the Secretary of the Air ning and design, and improvement of military changes. Force may improve existing military family family housing and facilities, $251,169,000. TITLE XXIV—DEFENSE AGENCIES housing units in an amount not to exceed (B) For support of military family housing SEC. 2401. AUTHORIZED DEFENSE AGENCIES $81,778,000. (including the functions described in section CONSTRUCTION AND LAND ACQUISI- 2833 of title 10, United States Code), $785,204,000. TION PROJECTS. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, (b) LIMITATION ON TOTAL COST OF CONSTRUC- AIR FORCE. (a) INSIDE THE UNITED STATES.—Using TION PROJECTS.—Notwithstanding the cost vari- amounts appropriated pursuant to the author- (a) IN GENERAL.—Funds are hereby author- ations authorized by section 2853 of title 10, ization of appropriations in section 2404(a)(1), ized to be appropriated for fiscal years begin- United States Code, and any other cost vari- the Secretary of Defense may acquire real prop- ning after September 30, 1998, for military con- ation authorized by law, the total cost of all erty and carry out military construction projects struction, land acquisition, and military family projects carried out under section 2301 of this for the installations and locations inside the housing functions of the Department of the Air Act may not exceed the total amount authorized United States, and in the amounts, set forth in Force in the total amount of $1,577,264,000 as to be appropriated under paragraphs (1) and (2) the following table: follows: of subsection (a). Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization ...... Aberdeen Proving Ground, Maryland ...... $186,350,000 Newport Army Depot, Indiana ...... $191,550,000 Defense Logistics Agency ...... Defense Fuel Support Point, Fort Sill, Oklahoma ...... $3,500,000 Defense Fuel Support Point, Jacksonville Annex, Mayport, Florida ...... $11,020,000 Defense Fuel Support Point, Jacksonville, Florida ...... $11,000,000 Defense General Supply Center, Richmond (DLA), Virginia ...... $10,500,000 Defense Fuels Supply Center, Camp Shelby, Mississippi ...... $5,300,000 Defense Fuels Supply Center, Elmendorf Air Force Base, Alaska ...... $19,500,000 Defense Fuels Supply Center, Pope Air Force Base, North Carolina ...... $4,100,000 Various Locations ...... $1,300,000 Defense Medical Facilities Office ...... Barksdale Air Force Base, Louisiana ...... $3,450,000 Beale Air Force Base, California ...... $3,500,000 Carlisle Barracks, Pennsylvania ...... $4,678,000 Cheatham Annex, Virginia ...... $11,300,000 Edwards Air Force Base, California ...... $6,000,000 Elgin Air Force Base, Florida ...... $9,200,000 Fort Bragg, North Carolina ...... $6,500,000 Fort Hood, Texas ...... $14,100,000 Fort Stewart/Hunter Army Air Field, Georgia ...... $10,400,000 Grand Forks Air Force Base, North Dakota ...... $5,600,000 Holloman Air Force Base, New Mexico ...... $1,300,000 Keesler Air Force Base, Mississippi ...... $700,000 Marine Corps Air Station, Camp Pendleton, California...... $6,300,000 McChord Air Force Base, Washington ...... $20,000,000 Moody Air Force Base, Georgia ...... $11,000,000 Naval Air Station, Pensacola, Florida ...... $25,400,000 Naval Hospital, Bremerton, Washington ...... $28,000,000 Naval Hospital, Great Lakes, Illinois ...... $7,100,000 Naval Station, San Diego, California ...... $1,350,000 Naval Submarine Base, Bangor, Washington ...... $5,700,000 Travis Air Force Base, California ...... $1,700,000 Defense Education Activity ...... Marine Corps Base, Camp LeJeune, North Carolina ...... $16,900,000 United States Military Academy, West Point, New York ...... $2,840,000 National Security Agency ...... Fort Meade, Maryland ...... $668,000 Special Operations Command ...... Elgin Auxiliary Field 3, Florida ...... $7,310,000 Elgin Auxiliary Field 9, Florida ...... $2,400,000 Fort Campbell, Kentucky ...... $15,000,000 MacDill Air Force Base, Florida ...... $8,400,000 Naval Amphibious Base, Coronado, California ...... $3,600,000 Stennis Space Center, Mississippi ...... $5,500,000

Total ...... $690,016,000 May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3541

(b) OUTSIDE THE UNITED STATES.—Using the Secretary of Defense may acquire real prop- United States, and in the amounts, set forth in amounts appropriated pursuant to the author- erty and carry out military construction projects the following table: ization of appropriations in section 2404(a)(2), for the installations and locations outside the Defense Agencies: Outside the United States

Agency Installation or location Amount

Ballistic Missile Defense Organization ...... Kwajalein Atoll, Kwajalein ...... $4,600,000 Defense Logistics Agency ...... Lajes Field, Azores, Portugal ...... $7,700,000 Defense Medical Facilities Office ...... Naval Air Station, Sigonella, Italy ...... $5,300,000 Royal Air Force, Lakenheath, United Kingdom ...... $10,800,000 Defense Education Activity ...... Fort Buchanan, Puerto Rico ...... $8,805,000 Naval Activities, Guam ...... $13,100,000 Special Operations Command ...... Naval Station, Roosevelt Roads, Puerto Rico ...... $9,600,000

Total ...... $59,905,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY and Realignment Act of 1990 (part A of title SEC. 2406. INCREASE IN FISCAL YEAR 1990 AU- HOUSING UNITS. XXIX of Public Law 101–510; 10 U.S.C. 2687 THORIZATION FOR MILITARY CON- Subject to section 2825 of title 10, United note), $1,730,704,000. STRUCTION PROJECT AT PORTS- MOUTH NAVAL HOSPITAL, VIRGINIA. States Code, and using amounts appropriated (11) For military family housing functions: pursuant to the authorization of appropriation (a) INCREASE.—The table in section 2401(a) of (A) For improvement of military family hous- the Military Construction Authorization Act for in section 2404(a)(11)(A), the Secretary of De- ing and facilities, $345,000. fense may improve existing military family hous- Fiscal Years 1990 and 1991 (division B of Public (B) For support of military housing (including ing units in an amount not to exceed $345,000. Law 100–189; 103 Stat. 1640) is amended in the functions described in section 2833 of title 10, SEC. 2403. ENERGY CONSERVATION PROJECTS. item relating to Portsmouth Naval Hospital, Vir- United States Code), $36,899,000 of which not ginia, by striking out ‘‘$330,000,000’’ and insert- Using amounts appropriated pursuant to the more than $31,139,000 may be obligated or ex- authorization of appropriations in section ing in lieu thereof ‘‘$351,354,000’’. pended for the leasing of military family hous- (b) CONFORMING AMENDMENT.—Section 2404(a)(9), the Secretary of Defense may carry ing units worldwide. 2405(b)(2) of that Act (103 Stat. 1642) is amended out energy conservation projects under section (C) For credit to the Department of Defense by striking out ‘‘$321,500,000’’ and inserting in 2865 of title 10, United States Code. Family Housing Improvement Fund established lieu thereof ‘‘$342,854,000’’. SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, by section 2883(a)(1) of title 10, United States DEFENSE AGENCIES. TITLE XXV—NORTH ATLANTIC TREATY Code, $7,000,000. (a) IN GENERAL.—Funds are hereby author- ORGANIZATION SECURITY INVESTMENT ized to be appropriated for fiscal years begin- (b) LIMITATION OF TOTAL COST OF CONSTRUC- PROGRAM ning after September 30, 1998, for military con- TION PROJECTS.—Notwithstanding the cost vari- SEC. 2501. AUTHORIZED NATO CONSTRUCTION struction, land acquisition, and military family ation authorized by section 2853 of title 10, AND LAND ACQUISITION PROJECTS. housing functions of the Department of Defense United States Code, and any other cost vari- The Secretary of Defense may make contribu- (other than the military departments), in the ations authorized by law, the total cost of all tions for the North Atlantic Treaty Organiza- total amount of $2,386,023,000 as follows: projects carried out under section 2401 of this tion Security Investment program as provided in (1) For military construction projects inside Act may not exceed— section 2806 of title 10, United States Code, in an the United States authorized by section 2401(a), (1) the total amount authorized to be appro- amount not to exceed the sum of the amount au- $369,966,000. priated under paragraphs (1) and (2) of sub- thorized to be appropriated for this purpose in (2) For military construction projects outside section (a); section 2502 and the amount collected from the the United States authorized by section 2401(a), (2) $162,050,000 (the balance of the amount au- North Atlantic Treaty Organization as a result $59,905,000. thorized under section 2401(a) for the construc- of construction previously financed by the (3) For construction of the Ammunition De- tion of the Ammunition Demilitarization Facil- United States. militarization Facility, Pine Bluff Arsenal, Ar- ity at Newport Army Depot, Indiana); and SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, kansas authorized by section 2401 of the Mili- (3) $158,000,000 (the balance of the amount au- NATO. tary Construction Authorization Act for Fiscal thorized under section 2401(a) for the construc- Funds are hereby authorized to be appro- Year 1995 (division B of Public Law 103–337; 108 tion of the Ammunition Demilitarization Facil- priated for fiscal years beginning after Septem- Stat. 3040), as amended by section 2407 of the ity at Aberdeen Proving Ground, Maryland). ber 30, 1998, for contributions by the Secretary Military Construction Authorization Act for (c) ADJUSTMENT.—The total amount author- of Defense under section 2806 of title 10, United Fiscal Year 1996 (division B of Public Law 104– ized to be appropriated pursuant to paragraphs States Code, for the share of the United States 106; 110 Stat. 539), section 2408 of the Military (1) through (11) of subsection (a) is the sum of of the cost of projects for the North Atlantic Construction Authorization Act for Fiscal Year the amounts authorized to be appropriated in Treaty Organization Security Investment pro- 1998 (division B of Public Law 105–85; 111 Stat. such paragraphs, reduced by $12,000,000, which gram authorized by section 2501, in the amount 1982), and section 2405 of this Act, $16,500,000. represents the combination of project savings in of $169,000,000. (4) For construction of the Ammunition De- military construction resulting from favorable TITLE XXVI—GUARD AND RESERVE militarization Facility, Umatilla Army Depot, bids, reduced overhead costs, and cancellations FORCES FACILITIES Oregon, authorized by section 2401 of the Mili- due to force structure changes. SEC. 2601. AUTHORIZED GUARD AND RESERVE tary Construction Authorization Act for Fiscal CONSTRUCTION AND LAND ACQUISI- Year 1995, as amended by section 2407 of the SEC. 2405. INCREASE IN FISCAL YEAR 1995 AU- THORIZATION FOR MILITARY CON- TION PROJECTS. Military Construction Authorization Act for STRUCTION PROJECTS AT PINE (a) AUTHORIZATION OF APPROPRIATIONS.— Fiscal Year 1996, section 2408 of the Military BLUFF ARSENAL, ARKANSAS, AND There are authorized to be appropriated for fis- Construction Authorization Act for Fiscal Year UMATILLA ARMY DEPOT, OREGON. cal years beginning after September 30, 1998, for 1998, and section 2405 of this Act, $50,950,000. The table in section 2401 of the Military Con- the costs of acquisition, architectural and engi- (5) For military construction projects at Ports- struction Authorization Act for Fiscal Year 1995 neering services, and construction of facilities mouth Naval Hospital, Virginia, hospital re- (division B of Public Law 103–337; 108 Stat. for the Guard and Reserve Forces, and for con- placement, authorized by section 2401(a) of the 3040), as amended by section 2407 of the Military tributions therefor, under chapter 1803 of title Military Construction Authorization Act for Construction Authorization Act for Fiscal Year 10, United States Code (including the cost of ac- Fiscal Years 1990 and 1991 (division B of Public 1996 (division B of Public Law 104–106; 110 Stat. quisition of land for those facilities), the follow- Law 101–189; 106 Stat. 1640), as amended by sec- 539) and section 2408 of the Military Construc- ing amounts: tion 2406 of this Act, $17,954,000. tion Authorization Act for Fiscal Year 1998 (di- (1) For the Department of the Army— (6) For unspecified minor construction vision B of Public Law 105–85; 111 Stat. 1982), (A) for the Army National Guard of the projects under section 2805 of title 10, United under the agency heading relating to Chemical United States, $70,338,000; and States Code, $16,094,000. Weapons and Munitions Destruction, is amend- (B) for the Army Reserve, $84,608,000. (7) For contingency construction projects of (2) For the Department of the Navy, for the ed— the Secretary of Defense under section 2804 of Naval and Marine Corps Reserve, $33,721,000. title 10, United States Code, $4,890,000. (1) in the item relating to Pine Bluff Arsenal, (3) For the Department of the Air Force— (8) For architectural and engineering services Arkansas, by striking out $134,000,000’’ in the (A) for the Air National Guard of the United and construction design under section 2807 of amount column and inserting in lieu thereof States, $97,701,000; and title 10, United States Code, $39,866,000. ‘‘$154,400,000’’; and (B) for the Air Force Reserve, $35,371,000. (9) For energy conservation projects author- (2) in the item relating to Umatilla Army (b) ADJUSTMENT.—(1) The amount authorized ized by section 2404, $46,950,000. Depot, Oregon, by striking out ‘‘$187,000,000’’ in to be appropriated pursuant to subsection (10) For base closure and realignment activi- the amount column and inserting in lieu thereof (a)(1)(A) is reduced by $2,000,000, which rep- ties as authorized by the Defense Base Closure ‘‘$193,377,000’’. resents the combination of project savings in H3542 CONGRESSIONAL RECORD — HOUSE May 20, 1998 military construction resulting from favorable thorization Act for Fiscal Year 1998 (division B North Atlantic Treaty Organization Security In- bids, reduced overhead costs, and cancellations of Public Law 105–85; 111 Stat. 1983) is repealed. vestment program (and authorizations of appro- due to force structure changes. (2) Section 2601(a)(1)(B) of such Act is amend- priations therefor), for which appropriated (2) The amount authorized to be appropriated ed by striking out ‘‘$66,267,000’’ and inserting in funds have been obligated before the later of— pursuant to subsection (a)(3)(A) is reduced by lieu thereof ‘‘$53,553,000’’. (1) October 1, 2001; or $4,000,000, which represents the combination of TITLE XXVII—EXPIRATION AND (2) the date of enactment of an Act authoriz- project savings in military construction result- EXTENSION OF AUTHORIZATIONS ing funds for fiscal year 2002 for military con- ing from favorable bids, reduced overhead costs, SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND struction projects, land acquisition, family and cancellations due to force structure AMOUNTS REQUIRED TO BE SPECI- housing projects and facilities, or contributions changes. FIED BY LAW. to the North Atlantic Treaty Organization Secu- (a) EXPIRATION OF AUTHORIZATIONS AFTER rity Investment program. SEC. 2602. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE CITY, UTAH. THREE YEARS.—Except as provided in subsection SEC. 2702. EXTENSION OF AUTHORIZATIONS OF (b), all authorizations contained in titles XXI CERTAIN FISCAL YEAR 1996 (a) COST SHARE REQUIREMENT.—With regard through XXVI for military construction PROJECTS. to the military construction project for the Army projects, land acquisition, family housing (a) EXTENSIONS.—Notwithstanding section Reserve concerning construction of a reserve projects and facilities, and contributions to the 2701 of the Military Construction Authorization center and organizational maintenance shop at North Atlantic Treaty Organization Security In- Act for Fiscal Year 1996 (division B of Public an appropriate site in, or in the vicinity of, Salt vestment program (and authorizations of appro- Law 104–106; 110 Stat. 541), authorizations for Lake City, Utah, to be carried out using funds priations therefor) shall expire on the later of— the projects set forth in the tables in subsection appropriated pursuant to the authorization of (1) October 1, 2001; or (b), as provided in sections 2201, 2302, or 2601 of appropriations in section 2601(a)(1)(B), the Sec- (2) the date of enactment of an Act authoriz- that Act, shall remain in effect until October 1, retary of the Army shall enter into an agree- ing funds for military construction for fiscal 1999, or the date of enactment of an Act author- ment with the State of Utah under which the year 2002. izing funds for military construction for fiscal State agrees to provide financial or in-kind con- (b) EXCEPTION.—Subsection (a) shall not year 2000, whichever is later. tributions in connection with the project. apply to authorizations for military construc- (b) TABLES.—The tables referred to in sub- (b) REPEAL OF SUPERSEDED AUTHORITY.—(1) tion projects, land acquisition, family housing section (a) are as follows: Section 2603 of the Military Construction Au- projects and facilities, and contributions to the Navy: Extension of 1996 Project Authorization

State Installation or location Project Amount

Puerto Rico ...... Naval Station Roosevelt Roads ...... Housing Office .. $710,000

Air Force: Extension of 1996 Project Authorization

State Installation or location Project Amount

Texas ...... Lackland Air Force Base ...... Family Housing (67 units) ...... $6,200,000

Army National Guard: Extension of 1996 Project Authorization

State Installation or location Project Amount

Mississippi ...... Camp Shelby ...... Multipurpose Range Com- plex (Phase I) $5,000,000

SEC. 2703. EXTENSION OF AUTHORIZATION the project set forth in the table in subsection the date of enactment of an Act authorizing OF FISCAL YEAR 1995 PROJECT. (b), as provided in section 2201 of that Act and funds for military construction for fiscal year (a) EXTENSION.—Notwithstanding section 2701 extended by section 2702 of the Military Con- 2000, whichever is later. of the Military Construction Authorization Act struction Authorization Act for Fiscal Year 1998 (b) TABLE.—The table referred to in subsection for Fiscal Year 1995 (division B of Public Law (division B of Public Law 105–85; 111 Stat. 1985), (a) is as follows: 103–337; 108 Stat. 3046), the authorization for shall remain in effect until October 1, 1999, or Navy: Extension of 1995 Project Authorization

State Installation or location Project Amount

Maryland ...... Indian Head Naval Surface Warfare Center ...... Denitrification/ Acid Mixing Facility ...... $6,400,000

SEC. 2704. EFFECTIVE DATE. Subtitle B—Real Property and Facilities judgment of the Secretary to restore the land Titles XXI, XXII, XXIII, XXIV, XXV, and Administration used by the agency to the condition the land XXVI shall take effect on the later of— SEC. 2811. RESTORATION OF DEPARTMENT OF was in before its use by the agency. In lieu of (1) October 1, 1998; or DEFENSE LANDS USED BY ANOTHER performing the work itself, the Federal agency (2) the date of enactment of this Act. FEDERAL AGENCY. may elect, with the consent of the Secretary, to TITLE XXVIII—GENERAL PROVISIONS (a) INCLUSION OF RESTORATION AS CONTRACT reimburse the Secretary for the costs incurred by Subtitle A—Military Construction Program TERM.—Section 2691 of title 10, United States the military department to perform the removal and Military Family Housing Changes Code, is amended by adding at the end the fol- and restoration work.’’. lowing new subsection: (b) CLERICAL AMENDMENTS.—(1) The heading SEC. 2801. DEFINITION OF ANCILLARY SUPPORT- of such section is amended to read as follows: ING FACILITIES UNDER THE ALTER- ‘‘(c) As a condition of any lease, permit, li- NATIVE AUTHORITY FOR ACQUISI- cense, or other grant of access entered into by ‘‘§ 2691. Restoration of land used by permit or TION AND IMPROVEMENT OF MILI- the Secretary of a military department with an- lease’’. TARY HOUSING. other Federal agency authorizing the other (2) The table of sections at the beginning of Section 2871(1) of title 10, United States Code, agency to use lands under the control of the chapter 159 of title 10, United States Code, is is amended by inserting after ‘‘including’’ the Secretary, the Secretary may require the other amended by striking the item relating to section following: ‘‘facilities to provide or support ele- agency to agree to remove any improvements 2691 and inserting in lieu thereof the following mentary or secondary education,’’. and to take any other action necessary in the new item: May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3543 ‘‘2691. Restoration of land used by permit or does not adversely affect the national security determined by a survey satisfactory to the Sec- lease.’’. of the United States. retary. The cost of the survey shall be borne by SEC. 2812. OUTDOOR RECREATION DEVELOP- (b) LIST OF LIKELY SYSTEMS FOR CONVEY- the City. MENT ON MILITARY INSTALLATIONS ANCE.—The report submitted by the Secretary of (c) ADDITIONAL TERMS AND CONDITIONS.—The FOR DISABLED VETERANS, MILITARY a military department under subsection (a) shall Secretary may require such additional terms DEPENDENTS WITH DISABILITIES, also contain a list of the utility systems, includ- and conditions in connection with the convey- AND OTHER PERSONS WITH DISABIL- ing the locations of the utility systems, that, as ance under subsection (a) as the Secretary con- ITIES. of the date of the submission of the report, the siders appropriate to protect the interests of the (a) ACCESS ENHANCEMENT.—Section 103 of the Secretary considers are likely to be conveyed United States. Sikes Act (16 U.S.C. 670c) is amended by adding under the authority of section 2688 of title 10, SEC. 2833. LAND CONVEYANCE, ARMY RESERVE at the end the following new subsections: United States Code. CENTER, JAMESTOWN, OHIO. ‘‘(b) ACCESS FOR DISABLED VETERANS, MILI- (a) CONVEYANCE AUTHORIZED.—The Secretary TARY DEPENDENTS WITH DISABILITIES, AND Subtitle C—Defense Base Closure and Realignment of the Army may convey, without consideration, OTHER PERSONS WITH DISABILITIES.—(1) In de- to the Greeneview Local School District of veloping facilities and conducting programs for SEC. 2821. PAYMENT OF STIPULATED PENALTIES Jamestown, Ohio, all right, title, and interest of public outdoor recreation at military installa- ASSESSED UNDER THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE, the United States in and to a parcel of excess tions, consistent with the primary military mis- Federal real property, including improvements sion of the installations, the Secretary of De- COMPENSATION, AND LIABILITY ACT OF 1980 IN CONNECTION WITH thereon, that is located at 5693 Plymouth Road fense shall ensure, to the maximum extent prac- MCCLELLAN AIR FORCE BASE, CALI- in Jamestown, Ohio, and contains an Army Re- ticable, that outdoor recreation opportunities FORNIA. serve Center. (including fishing, hunting, trapping, wildlife (a) SOURCE OF PAYMENT.—Notwithstanding (b) PURPOSE OF CONVEYANCE.—The purpose of viewing, boating, and camping) made available subsection (b) of section 2906(a) of the Defense the conveyance under subsection (a) is to permit to the public also provide equal access for per- Base Closure and Realignment Act of 1990 (part the Greeneview Local School District to retain sons described in paragraph (2) when topo- A of Title XXIX of Public Law 101–510; 10 and use the conveyed property for the benefit of graphic, vegetative, and water resources allow U.S.C. 2687 note), the Secretary of Defense may the students of Greeneview schools. equal access without substantial modification to use amounts in the Department of Defense Base (c) DESCRIPTION OF PROPERTY.—The exact the natural environment. Closure Account 1990 established under sub- acreage and legal description of the real prop- ‘‘(2) Persons referred to in paragraph (1) are section (a) of such section to pay stipulated pen- erty to be conveyed under subsection (a) shall be disabled veterans, military dependents with dis- alties assessed under the Comprehensive Envi- determined by a survey satisfactory to the Sec- abilities, and other persons with disabilities. ronmental Response Compensation and Liability retary. The cost of the survey shall be borne by ‘‘(3) The Secretary of Defense shall carry out Act (42 U.S.C. 9601 et seq.) against McClellan the Greeneview Local School District. this subsection in consultation with the Sec- Air Force Base, California. (d) ADDITIONAL TERMS AND CONDITIONS.—The retary of Veterans Affairs, national service, (b) AMOUNT OF PAYMENT.—The amount ex- Secretary may require such additional terms military, and veterans organizations, and sport- pended under the authority of subsection (a) and conditions in connection with the convey- ing organizations in the private sector that par- may not exceed $15,000. ance under subsection (a) as the Secretary con- ticipate in outdoor recreation projects for per- SEC. 2822. ELIMINATION OF WAIVER AUTHORITY siders appropriate to protect the interests of the sons described in paragraph (2). REGARDING PROHIBITION AGAINST United States. ‘‘(c) ACCEPTANCE OF DONATIONS.—In connec- CERTAIN CONVEYANCES OF PROP- SEC. 2834. LAND CONVEYANCE, STEWART ARMY tion with the facilities and programs for public ERTY AT NAVAL STATION, LONG SUB-POST, NEW WINDSOR, NEW outdoor recreation at military installations, in BEACH, CALIFORNIA. YORK. particular the requirement under subsection (b) Section 2826 of the Military Construction Au- (a) CONVEYANCE AUTHORIZED.—The Secretary to provide equal access for persons described in thorization Act for Fiscal Year 1998 (division B of the Army may convey, without consideration, paragraph (2) of such subsection, the Secretary of Public Law 105–85; 111 Stat. 2001) is amended to the Town of New Windsor, New York (in this of Defense may accept— by striking out subsection (e). section referred to as the ‘‘Town’’), all right, ‘‘(1) the voluntary services of individuals and Subtitle D—Land Conveyances title, and interest of the United States in and to organizations; and PART I—ARMY CONVEYANCES a parcel of real property, including any im- ‘‘(2) donations of money or property, whether provements thereon, consisting of approximately real, personal, mixed, tangible, or intangible. SEC. 2831. LAND CONVEYANCE, ARMY RESERVE 291 acres at the Stewart Army Sub-Post in New CENTER, MASSENA, NEW YORK. ‘‘(d) TREATMENT OF VOLUNTEERS.—A volun- Windsor, New York. (a) CONVEYANCE AUTHORIZED.—The Secretary teer under subsection (c) shall not be considered (b) EXCLUSION.—The real property to be con- to be a Federal employee and shall not be sub- of the Army may convey, without consideration, veyed under subsection (a) does not include any ject to the provisions of law relating to Federal to the Village of Massena, New York (in this portion of the approximately 89.2-acre parcel at employment, including those relating to hours of section referred to as the ‘‘Village’’), all right, Stewart Army Sub-Post that is proposed for work, rates of compensation, leave, unemploy- title, and interest of the United States in and to transfer to the jurisdiction and control of the ment compensation, and Federal employee bene- a parcel of real property (including improve- Marine Corps or the approximately 22-acre par- fits, except that— ments thereon) consisting of the Army Reserve cel at Stewart Army Sub-Post that is proposed ‘‘(1) for the purposes of the tort claims provi- Center in Massena, New York, for the purpose for transfer to the jurisdiction and control of the sions of chapter 171 of title 28, United States of permitting the Village to develop the parcel Army Reserve. Code, the volunteer shall be considered to be a for public benefit, including the development of (c) DESCRIPTION OF PROPERTY.—The exact Federal employee; and municipal office space. acreage and legal description of the real prop- ‘‘(2) for the purposes of subchapter I of chap- (b) DESCRIPTION OF PROPERTY.—The exact erty to be conveyed under subsection (a) shall be ter 81 of title 5, United States Code, relating to acreage and legal description of the real prop- determined by a survey satisfactory to the Sec- compensation to Federal employees for work in- erty to be conveyed under subsection (a) shall be retary. The cost of the survey shall be borne by juries, the volunteer shall be considered to be an determined by a survey satisfactory to the Sec- the Town. employee, as defined in section 8101(1)(B) of title retary. The cost of the survey shall be borne by (d) ADDITIONAL TERMS AND CONDITIONS.—The 5, United States Code, and the provisions of the Village. Secretary may require such additional terms such subchapter shall apply.’’. (c) ADDITIONAL TERMS AND CONDITIONS.—The and conditions in connection with the convey- (b) CONFORMING AMENDMENT.—Such section Secretary may require such additional terms ance under subsection (a) as the Secretary con- is further amended by striking out ‘‘SEC. 103.’’ and conditions in connection with the convey- siders appropriate to protect the interests of the and inserting in lieu thereof the following: ance under subsection (a) as the Secretary con- United States. ‘‘SEC. 103. PROGRAM FOR PUBLIC OUTDOOR siders appropriate to protect the interests of the SEC. 2835. LAND CONVEYANCE, INDIANA ARMY RECREATION. United States. AMMUNITION PLANT, CHARLES- ‘‘(a) PROGRAM AUTHORIZED.—’’. SEC. 2832. LAND CONVEYANCE, ARMY RESERVE TOWN, INDIANA. SEC. 2813. REPORT ON USE OF UTILITY SYSTEM CENTER, OGDENSBURG, NEW YORK. (a) CONVEYANCE AUTHORIZED.—The Secretary CONVEYANCE AUTHORITY. (a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may convey to the Indiana Army (a) REPORT REQUIRED.—Not later than March of the Army may convey, without consideration, Ammunition Plant Reuse Authority (in this sec- 1, 1999, the Secretary of each military depart- to the City of Ogdensburg, New York (in this tion referred to as the ‘‘Reuse Authority’’) all ment shall submit to Congress a report contain- section referred to as the ‘‘City’’), all right, title, right, title, and interest of the United States in ing— and interest of the United States in and to a and to a parcel of real property, including im- (1) the criteria to be used by the Secretary to parcel of real property (including improvements provements thereon, consisting of approximately select utility systems, and related real property, thereon) consisting of the Army Reserve Center 4660 acres located at the Indiana Army Ammu- under the jurisdiction of the Secretary for con- in Ogdensburg, New York, for the purpose of nition Plant, Charlestown, Indiana, for the pur- veyance to a municipal, private, regional, dis- permitting the City to develop the parcel for pose of developing the parcel as an industrial trict, or cooperative utility company or other en- public benefit, including the development of mu- park to replace all or part of the economic activ- tity under the authority of section 2688 of title nicipal office space. ity lost at the inactivated plant. 10, United States Code; and (b) DESCRIPTION OF PROPERTY.—The exact (b) CONSIDERATION.—Except as provided in (2) a description of the manner in which the acreage and legal description of the real prop- subsection (d), as consideration for the convey- Secretary will ensure that any such conveyance erty to be conveyed under subsection (a) shall be ance under subsection (a), the Reuse Authority H3544 CONGRESSIONAL RECORD — HOUSE May 20, 1998 shall pay to the Secretary an amount equal to ‘‘County’’), all right, title, and interest of the Alabama Space Science Exhibit Commission, an the fair market value of the conveyed property United States in and to a parcel of real prop- agency of the State of Alabama. The release as of the time of the conveyance, determined by erty, including improvements thereon, consisting shall be executed in the manner provided in this the Secretary in accordance with Federal ap- of approximately 1033 acres located at the Vol- section. praisal standards and procedures. unteer Army Ammunition Plant, Chattanooga, (b) DESCRIPTION OF PROPERTY.—The real (c) TIME FOR PAYMENT.—The consideration Tennessee, for the purpose of developing the property referred to in this section is the real required under subsection (b) shall be paid by parcel as an industrial park to replace all or property conveyed to the Alabama Space the Reuse Authority at the end of the 10-year part of the economic activity lost at the inac- Science Exhibit Commission under the authority period beginning on the date on which the con- tivated plant. of the following provisions of law: veyance under subsection (a) is completed. (b) CONSIDERATION.—Except as provided in (1) The first section of Public Law 90–276 (82 (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) subsection (d), as consideration for the convey- Stat. 68). If, during the 10-year period specified in sub- ance under subsection (a), the County shall pay (2) Section 813 of the Military Construction section (c), the Reuse Authority reconveys all or to the Secretary an amount equal to the fair Authorization Act, 1980 (Public Law 96–125; 93 any part of the property conveyed under sub- market value of the conveyed property as of the Stat. 952). section (a), the Reuse Authority shall pay to the time of the conveyance, determined by the Sec- (3) Section 813 of the Military Construction United States an amount equal to the fair mar- retary in accordance with Federal appraisal Authorization Act, 1984 (Public Law 98–115; 97 ket value of the reconveyed property as of the standards and procedures. Stat. 790). time of the reconveyance, excluding the value of (c) TIME FOR PAYMENT.—The consideration (c) RELEASE, WAIVER, OR CONVEYANCE OF any improvements made to the property by the required under subsection (b) shall be paid by OTHER RIGHTS, TERMS, AND CONDITIONS.—As Reuse Authority, determined by the Secretary in the County at the end of the 10-year period be- part of the release under subsection (a), the Sec- accordance with Federal appraisal standards ginning on the date on which the conveyance retary may release, waive, or convey, without and procedures. under subsection (a) is completed. consideration and to such extent as the Sec- (2) The Secretary may treat a lease of the (d) EFFECT OF RECONVEYANCE OR LEASE.—(1) retary considers appropriate to protect the inter- property within such 10-year period as a re- If, during the 10-year period specified in sub- ests of the United States— conveyance if the Secretary determines that the section (c), the County reconveys all or any part (1) any and all other rights retained by the lease is being used to avoid application of para- of the property conveyed under subsection (a), United States in and to the real property de- graph (1). the County shall pay to the United States an scribed in subsection (b) when the property was (e) DEPOSIT OF PROCEEDS.—The Secretary amount equal to the fair market value of the re- conveyed to the Alabama Space Science Exhibit shall deposit any proceeds received under sub- conveyed property as of the time of the re- Commission; and section (b) or (d) in the special account estab- conveyance, excluding the value of any im- (2) any and all terms and conditions and re- lished pursuant to section 204(h)(2) of the Fed- provements made to the property by the County, strictions on the use of the real property im- eral Property and Administrative Services Act of determined by the Secretary in accordance with posed as part of the conveyances described in 1949 (40 U.S.C. 485(h)(2)). Federal appraisal standards and procedures. subsection (b). (f) ADMINISTRATIVE EXPENSES.—In connection (2) The Secretary may treat a lease of the (d) CONDITIONS ON RELEASE, WAIVER, OR CON- with the conveyance under subsection (a), the property within such 10-year period as a re- VEYANCE.—(1) The Secretary may execute the re- Secretary may accept amounts provided by the conveyance if the Secretary determines that the lease under subsection (a) or a release, waiver, Reuse Authority or other persons to cover ad- lease is being used to avoid application of para- or conveyance under subsection (c) only after— ministrative expenses incurred by the Secretary graph (1). (A) the Secretary approves of the master plan in making the conveyance. Amounts received (e) DEPOSIT OF PROCEEDS.—The Secretary prepared by the Alabama Space Science Exhibit under this subsection for administrative ex- shall deposit any proceeds received under sub- Commission, as such plan may exist or be re- penses shall be credited to the appropriation, section (b) or (d) in the special account estab- vised from time to time, for development of the fund, or account from which the expenses were lished pursuant to section 204(h)(2) of the Fed- real property described in subsection (b); and paid and shall be available, to the extent pro- eral Property and Administrative Services Act of (2) the installation commander at Redstone vided in appropriation Acts, for the same pur- 1949 (40 U.S.C. 485(h)(2)). Arsenal, Alabama, certifies to the Secretary that poses and subject to the same limitations as (f) EFFECT ON EXISTING LEASES.—The convey- the release, waiver, or conveyance is consistent other funds in such appropriation, fund, or ac- ance of the real property under subsection (a) with the master plan. count. shall not affect the terms or length of any con- (2) A new facility or structure may not be con- (g) DESCRIPTION OF PROPERTY.—The property tract entered into by the Secretary before the structed on the real property described in sub- to be conveyed under subsection (a) includes the date of the enactment of this Act with regard to section (b) unless the facility or structure is in- administrative area of the Indiana Army Ammu- the property to be conveyed. cluded in the master plan, which has been ap- nition Plant as well as open space in the south- (g) ADMINISTRATIVE EXPENSES.—In connection proved and certified as provided in paragraph ern end of the plant. The exact acreage and with the conveyance under subsection (a), the (1). legal description of the property to be conveyed Secretary may accept amounts provided by the (e) INSTRUMENT OF RELEASE, WAIVER, OR CON- shall be determined by a survey satisfactory to County or other persons to cover administrative VEYANCE.—In making a release, waiver, or con- the Secretary. The cost of the survey shall be expenses incurred by the Secretary in making veyance authorized by this section, the Sec- borne by the Reuse Authority. the conveyance. Amounts received under this retary shall execute and file in the appropriate (h) ADDITIONAL TERMS AND CONDITIONS.—The subsection for administrative expenses shall be office or offices a deed of release, amended deed, Secretary may require such additional terms credited to the appropriation, fund, or account or other appropriate instrument effectuating the and conditions in connection with the convey- from which the expenses were paid and shall be release, waiver, or conveyance. ance under subsection (a) as the Secretary con- available, to the extent provided in appropria- (f) EFFECT OF RELEASE.—Except as provided siders appropriate to protect the interests of the tion Acts, for the same purposes and subject to in subsection (g), upon release of any reversion- United States. the same limitations as other funds in such ap- ary interest under this section, the right, title (i) ADDITIONAL CONVEYANCE FOR REC- propriation, fund, or account. and interest of the Alabama Space Science Ex- REATIONAL PURPOSES.—Section 2858(a) of the (h) DESCRIPTION OF PROPERTY.—The exact hibit Commission in and to the real property de- National Defense Authorization Act for Fiscal acreage and legal description of the property to scribed in subsection (b) shall, to the extent of Year 1996 (Public Law 104–106; 110 Stat. 571), as be conveyed under subsection (a) shall be deter- the release, no longer be subject to the condi- amended by section 2838 of the National Defense mined by a survey satisfactory to the Secretary. tions prescribed in the provisions of law speci- Authorization Act for Fiscal Year 1998 (Public The cost of the survey shall be borne by the fied in such subsection. Except as provided in Law 105–85; 111 Stat. 2006), is further amended County. subsection (g), the Alabama Space Science Ex- by adding at the end the following new para- (i) ADDITIONAL TERMS AND CONDITIONS.—The hibit Commission may use the real property for graph: Secretary may require such additional terms any such purpose or purposes as it considers ap- ‘‘(3) The Secretary may also convey to the and conditions in connection with the convey- propriate consistent with the master plan ap- State, without consideration, another parcel of ance under subsection (a) as the Secretary con- proved and certified as provided in subsection real property at the Indiana Army Ammunition siders appropriate to protect the interests of the (d), and the real property may be conveyed by Plant consisting of approximately 2,000 acres of United States. the Alabama Space Science Exhibit Commission without restriction and unencumbered by any additional riverfront property in order to con- SEC. 2837. RELEASE OF REVERSIONARY INTEREST nect the parcel conveyed under paragraph (2) OF UNITED STATES IN FORMER RED- claims or rights of the United States with re- with the parcels of Charlestown State Park con- STONE ARMY ARSENAL PROPERTY spect to the property, subject to such rights, veyed to the State under paragraph (1) and title CONVEYED TO ALABAMA SPACE terms, and conditions of the United States pre- II of the Defense Authorization Amendments SCIENCE EXHIBIT COMMISSION. viously imposed on the real property and not and Base Closure and Realignment Act (Public (a) RELEASE AUTHORIZED.—The Secretary of conveyed or released by the Secretary under Law 100–526; 10 U.S.C. 2687 note).’’. the Army may release, without consideration subsection (c). SEC. 2836. LAND CONVEYANCE, VOLUNTEER ARMY and to such extent as the Secretary considers (g) EXCEPTIONS.—(1) Conveyance of the drain- AMMUNITION PLANT, CHAT- appropriate to protect the interests of the United age and utility easement reserved to the United TANOOGA, TENNESSEE. States, the reversionary interests of the United States pursuant to section 813(b)(3) of the Mili- (a) CONVEYANCE AUTHORIZED.—The Secretary States in the real property described in sub- tary Construction Authorization Act, 1984 (Pub- of the Army may convey to Hamilton County, section (b), which were retained by the United lic Law 98–115; 97 Stat. 791), is not authorized Tennessee (in this section referred to as the States when the property was conveyed to the under this section. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3545 (2) In no event may title to any portion of the (B) design and construct the facilities on such SEC. 2863. EXPANSION OF ARLINGTON NATIONAL real property described in subsection (b) be con- parcel of real property under the jurisdiction of CEMETERY. veyed by the Alabama Space Science Exhibit the Secretary as the Secretary shall specify. (a) LAND TRANSFER, NAVY ANNEX, ARLINGTON, Commission or any future deed holder of the (3) The Secretary shall select the form in VIRGINIA.— real property to any person other than an agen- which the consideration under paragraph (2) (1) IN GENERAL.—The Secretary of Defense cy, instrumentality, political subdivision, mu- will be provided. shall provide for the transfer to the Secretary of nicipal corporation, or public corporation of the (d) DESCRIPTION OF PROPERTY.—The exact the Army of administrative jurisdiction over the State of Alabama, and the land use of such con- acreage and legal description of the real prop- following parcels of land situated in Arlington, veyed property may not be changed without the erty to be conveyed under subsection (a), and of Virginia: approval of the Secretary. the real property, if any, to be conveyed under (A) Certain lands which comprise approxi- PART II—NAVY CONVEYANCES subsection (c), shall be determined by surveys mately 26 acres bounded by Columbia Pike to satisfactory to the Secretary. The cost of the the south and east, Oak Street to the west, and SEC. 2841. EASEMENT, MARINE CORPS BASE, surveys shall be borne by the Corporation. CAMP PENDLETON, CALIFORNIA. the boundary wall of Arlington National Ceme- (e) ADDITIONAL TERMS AND CONDITIONS.—The (a) EASEMENT AUTHORIZED.—The Secretary of tery to the north including Southgate Road. Secretary may require such additional terms the Navy may grant an easement, in perpetuity, (B) Certain lands which comprise approxi- and conditions in connection with the convey- to the Foothill/Eastern Transportation Corridor mately 8 acres bounded by Shirley Memorial ance under subsection (a) as the Secretary con- Agency (in this section referred to as the ‘‘Agen- Boulevard (Interstate 395) to the south, property siders appropriate to protect the interest of the cy’’) over a parcel of real property at Marine of the Virginia Department of Transportation to United States. Corps Base, Camp Pendleton, California, con- the west, Columbia Pike to the north, and Joyce sisting of approximately 340 acres to permit the PART III—AIR FORCE CONVEYANCES Street to the east. Recipient of the easement to construct, operate, SEC. 2851. LAND CONVEYANCE, LAKE CHARLES (C) Certain lands which comprise approxi- and maintain a restricted access highway. The AIR FORCE STATION, LOUISIANA. mately 2.5 acres bounded by Shirley Memorial area covered by the easement shall include (a) CONVEYANCES AUTHORIZED.—The Sec- Boulevard (Interstate 395) to the south, Joyce slopes and all necessary incidents thereto. retary of the Air Force may convey, without Street to the west, Columbia Pike to the north, (b) CONSIDERATION.—As consideration for the consideration, to McNeese State University of and the cloverleaf interchange of Route 100 and conveyance of the easement under subsection Louisiana (in this section referred to as the Columbia Pike to the east. ‘‘University’’) all right, title, and interest of the (a), the Agency shall pay to the United States (2) USE OF LAND.—The Secretary of the Army United States in and to a parcel of real property an amount equal to the fair market value of the shall incorporate the parcels of land transferred (including improvements thereon) consisting of easement, as determined by an independent ap- under paragraph (1) into Arlington National approximately 4.38 at Lake Charles Air Force praisal satisfactory to the Secretary and paid Cemetery. Station, Louisiana, for the purpose of permit- for by the Agency. (3) REMEDIATION OF LAND FOR CEMETERY (c) USE OF PROCEEDS.—In such amounts as ting the University to use the parcel for edu- USE.—Before the transfer of administrative ju- cational purposes and agricultural research. are provided in advance in appropriation Acts, risdiction over the parcels of land under para- the Secretary shall use the funds paid by the (b) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real prop- graph (1), the Secretary of Defense shall provide Agency under subsection (b) to carry out one or for the removal of any improvements on the par- more of the following programs at Camp Pendle- erty to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Sec- cels of land and, in consultation with the Super- ton: intendent of Arlington National Cemetery, the (1) Enhancement of access from Red, White, retary. The cost of the survey shall be borne by preparation of the land for use for interment of and Green Beach under the I–5 interstate high- the University. remains of individuals in Arlington National way and railroad crossings to inland areas. (c) ADDITIONAL TERMS AND CONDITIONS.—The (2) Improvement of roads and bridge struc- Secretary may require such additional terms Cemetery. tures in the range and training area. and conditions in connection with the convey- (4) REPORT.—Not later than 180 days after the (3) Realignment of Basilone Road. ance under subsection (a) as the Secretary con- date of the enactment of this Act, the Secretary (d) DESCRIPTION OF PROPERTY.—The exact siders appropriate to protect the interests of the of Defense shall submit to Congress a report ex- acreage and legal description of the easement to United States. plaining in detail the measures required to pre- be conveyed under subsection (a) shall be deter- SEC. 2852. LAND CONVEYANCE, AIR FORCE HOUS- pare the land for use as a part of Arlington Na- mined by a survey satisfactory to the Secretary. ING FACILITY, LA JUNTA, COLO- tional Cemetery. The cost of the survey shall be borne by the RADO. (5) DEADLINE.—The Secretary of Defense shall Agency. (a) CONVEYANCE REQUIRED.—The Secretary of complete the transfer of administrative jurisdic- (e) ADDITIONAL TERMS AND CONDITIONS.—The the Air Force may convey, without consider- tion over the parcels of land under this sub- Secretary may require such additional terms ation, to the City of La Junta, Colorado (in this section not later than the earlier of— and conditions in connection with the easement section referred to as the ‘‘City’’), all right, title, (A) January 1, 2010; or under subsection (a) as the Secretary considers and interest of the United States in and to the (B) the date when those parcels are no longer appropriate to protect the interests of the United unused Air Force housing facility, consisting of required (as determined by the Secretary) for States. approximately 28 acres and improvements there- use as temporary office space due to the renova- SEC. 2842. LAND CONVEYANCE, NAVAL RESERVE on, located within the southern most boundary tion of the Pentagon. READINESS CENTER, PORTLAND, of the City. (b) MODIFICATION OF BOUNDARY OF ARLING- (b) PURPOSE OF CONVEYANCE.—The purpose of MAINE. TON NATIONAL CEMETERY.—. (a) CONVEYANCE AUTHORIZED.—The Secretary the conveyance under subsection (a) is to permit (1) IN GENERAL.—The Secretary of the Army the city to develop the conveyed property for of the Navy may convey to the Gulf of Maine shall modify the boundary of Arlington Na- housing and educational purposes. Aquarium Development Corporation, Portland, tional Cemetery to include the following parcels (c) DESCRIPTION OF PROPERTY.—The exact Maine (in this section referred to as the ‘‘Cor- of land situated in Fort Myer, Arlington, Vir- acreage and legal description of the property to poration’’), all right, title, and interest of the ginia: United States in and to a parcel of real prop- be conveyed under subsection (a) shall be deter- (A) Certain lands which comprise approxi- erty, including improvements thereon and any mined by a survey satisfactory to the Secretary. mately 5 acres bounded by the Fort Myer Post appurtenant interest in submerged lands there- The cost of the survey shall be borne by the Traditional Chapel to the southwest, McNair on, consisting of approximately 3.72 acres in City. Road to the northwest, the Vehicle Maintenance Portland, Maine, which is the site of the Naval (d) ADDITIONAL TERMS AND CONDITIONS.—The Complex to the northeast, and the masonry wall Reserve Readiness Center, Portland, Maine. Secretary may require such additional terms of Arlington National Cemetery to the south- (b) PURPOSE.—The purpose of the conveyance and conditions in connection with the convey- east. under subsection (a) is to facilitate economic de- ance under subsection (a) as the Secretary con- velopment in accordance with the plan of the siders appropriate to protect the interests of the (B) Certain lands which comprise approxi- Corporation for the construction of an aquar- United States. mately 3 acres bounded by the Vehicle Mainte- ium and marine research facility in Portland, Subtitle E—Other Matters nance Complex to the southwest, Jackson Ave- Maine. nue to the northwest, the water pumping station SEC. 2861. REPEAL OF PROHIBITION ON JOINT to the northeast, and the masonry wall of Ar- (c) CONSIDERATION.—(1) As consideration for USE OF GRAY ARMY AIRFIELD, FORT the conveyance authorized by subsection (a), HOOD, TEXAS, WITH CIVIL AVIATION. lington National Cemetery to the southeast. the Corporation shall provide for such facilities Section 319 of the National Defense Author- (2) REPORT.—Not later than 180 days after the as the Secretary determines appropriate for the ization Act for Fiscal Year 1987 (Public Law 99– date of the enactment of this Act, the Secretary Naval Reserve to replace the facilities conveyed 661; 100 Stat. 3855) is repealed. of the Army shall submit to Congress a report under that subsection. SEC. 2862. DESIGNATION OF BUILDING CONTAIN- describing additional parcels of land located in (2) To provide the replacement facilities, the ING NAVY AND MARINE CORPS RE- Fort Myer, Arlington, Virginia, that may be Corporation may— SERVE CENTER, AUGUSTA, GEORGIA. suitable for use to expand Arlington National (A) convey to the United States a parcel of The building containing the Navy and Marine Cemetery. real property determined by the Secretary to be Corps Reserve Center located at 2869 Central (3) SURVEY.—The Secretary of the Army may an appropriate location for the facilities and de- Avenue in Augusta, Georgia, shall be known determine the exact acreage and legal descrip- sign and construct the facilities on the conveyed and designated as the ‘‘A. James Dyess Build- tion of the parcels of land described in para- parcel; or ing’’. graph (1) by a survey. H3546 CONGRESSIONAL RECORD — HOUSE May 20, 1998 SEC. 2864. REPORTING REQUIREMENTS UNDER Project 96–D–111, national ignition facility, the amount of $5,706,650,000, to be allocated as DEMONSTRATION PROJECT FOR Lawrence Livermore National Laboratory, follows: PURCHASE OF FIRE, SECURITY, PO- Livermore, California, $284,200,000. (1) CLOSURE PROJECTS.—For closure projects LICE, PUBLIC WORKS, AND UTILITY (C) For technology partnership and edu- carried out in accordance with section 3143 of SERVICES FROM LOCAL GOVERN- the National Defense Authorization Act for Fis- MENT AGENCIES. cation, $49,000,000, to be allocated as follows: cal Year 1997 (Public Law 104–201; 110 Stat. Section 816(b) of the National Defense Author- (i) For technology partnership, $40,000,000. 2836; 42 U.S.C. 7274n) in the amount of ization Act for Fiscal Year 1995 (Public Law (ii) For education, $9,000,000. (2) STOCKPILE MANAGEMENT.—Funds are here- $1,046,240,000. 103–337; 108 Stat. 2820) is amended by striking by authorized to be appropriated to the Depart- (2) PRIVATIZATION.—For privatization projects out ‘‘and 1998’’ and inserting in lieu thereof ment of Energy for fiscal year 1999 for stockpile in carrying out environmental restoration and ‘‘through 2000’’. management in carrying out weapons activities waste management activities necessary for na- DIVISION C—DEPARTMENT OF ENERGY necessary for national security programs in the tional security programs in the amount of NATIONAL SECURITY AUTHORIZATIONS amount of $2,134,625,000, to be allocated as fol- $286,857,000. AND OTHER AUTHORIZATIONS lows: (3) SITE PROJECT AND COMPLETION.—For site TITLE XXXI—DEPARTMENT OF ENERGY (A) For operation and maintenance, project and completion in carrying out environ- NATIONAL SECURITY PROGRAMS $2,019,303,000. mental restoration and waste management ac- Subtitle A—National Security Programs (B) For plant projects (including mainte- tivities necessary for national security programs in the amount of $1,085,253,000, to be allocated Authorizations nance, restoration, planning, construction, ac- as follows: SEC. 3101. WEAPONS ACTIVITIES. quisition, modification of facilities, and the con- tinuation of projects authorized in prior years, (A) For operation and maintenance, (a) IN GENERAL.—Funds are hereby author- and land acquisition related thereto), $886,090,000. ized to be appropriated to the Department of (B) For plant projects (including mainte- $115,322,000, to be allocated as follows: Energy for fiscal year 1999 for weapons activi- nance, restoration, planning, construction, ac- Project 99–D–122, rapid reactivation, various ties in carrying out programs necessary for na- quisition, modification of facilities, and the con- locations, $11,200,000. tional security in the amount of $4,142,100,000, tinuation of projects authorized in prior years, Project 99–D–123, replace mechanical utility to be allocated as follows: and land acquisition related thereto), systems Y–12, Oak Ridge, Tennessee, $1,900,000. (1) STOCKPILE STEWARDSHIP.—Funds are here- Project 99–D–125, replace boilers and controls, $199,163,000, to be allocated as follows: by authorized to be appropriated to the Depart- Project 99–D–402, tank farm support services, Kansas City Plant, Kansas City, Missouri, ment of Energy for fiscal year 1999 for stockpile F&H areas, Savannah River Site, Aiken, South $1,000,000. stewardship in carrying out weapons activities Carolina, $2,745,000. Project 99–D–127, stockpile management re- necessary for national security programs in the Project 99–D–404, health physics instrumenta- structuring initiative, Kansas City Plant, Kan- amount of $2,138,375,000, to be allocated as fol- tion laboratory, Idaho National Engineering sas City, Missouri, $13,700,000. lows: Laboratory, Idaho, $950,000. Project 99–D–128, stockpile management re- (A) For core stockpile stewardship, Project 98–D–401, H-tank farm storm water structuring initiative, Pantex consolidation, $1,591,375,000, to be allocated as follows: systems upgrade, Savannah River Site, Aiken, Amarillo, Texas, $1,108,000. (i) For operation and maintenance, South Carolina, $3,120,000. Project 99–D–132, stockpile management re- $1,475,832,000. Project 98–D–453, plutonium stabilization and structuring initiative, nuclear material safe- (ii) For plant projects (including maintenance, handling system for plutonium finishing plant, guards and security upgrades project, Los Ala- restoration, planning, construction, acquisition, Richland, Washington, $26,814,000. mos National Laboratory, Los Alamos, New modification of facilities, and the continuation Project 98–D–700, road rehabilitation, Idaho Mexico, $9,700,000. of projects authorized in prior years, and land National Engineering Laboratory, Idaho, Project 98–D–123, stockpile management re- acquisition related thereto), $115,543,000, to be $7,710,000. structuring initiative, tritium factory mod- Project 97–D–450, Actinide packaging and allocated as follows: storage facility, Savannah River Site, Aiken, Project 99–D–102, rehabilitation of mainte- ernization and consolidation, Savannah River South Carolina, $79,184,000. nance facility, Lawrence Livermore National Site, Aiken, South Carolina, $27,500,000. Project 98–D–124, stockpile management re- Project 97–D–470, environmental monitoring Laboratory, Livermore, California, $6,500,000. laboratory, Savannah River Site, Aiken, South Project 99–D–103, isotope sciences facility, structuring initiative, Y–12 Plant consolidation, Carolina, $7,000,000. Lawrence Livermore National Laboratory, Oak Ridge, Tennessee, $10,700,000. Project 97–D–122, nuclear materials storage fa- Project 96–D–406, spent nuclear fuels canister Livermore, California, $4,000,000. cility renovation, Los Alamos National Labora- storage and stabilization facility, Richland, Project 99–D–104, protection of real property Washington, $38,680,000. (roof reconstruction, Phase II), Lawrence Liver- tory, Los Alamos, New Mexico, $9,164,000. Project 97–D–123, structural upgrades, Kansas Project 96–D–408, waste management up- more National Laboratory, Livermore, Califor- City Plant, Kansas City, Missouri, $6,400,000. grades, Kansas City Plant, Kansas City, Mis- nia, $7,300,000. souri, and Savannah River Site, Aiken, South Project 99–D–105, central health physics cali- Project 96–D–122, sewage treatment quality upgrade (STQU), Pantex Plant, Amarillo, Carolina, $4,512,000. bration facility, Los Alamos National Labora- Project 96–D–464, electrical and utility systems tory, Los Alamos, New Mexico, $3,900,000. Texas, $3,700,000. Project 95–D–102, chemistry and metallurgy upgrade, Idaho Chemical Processing Plant, Project 99–D–106, model validation and system Idaho National Engineering Laboratory, Idaho, certification test center, Sandia National Lab- research (CMR) upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $11,544,000. oratories, Albuquerque, New Mexico, $1,600,000. Project 96–D–471, chlorofluorocarbon heating, Project 99–D–107, joint computational engi- $16,000,000. Project 93–D–122, life safety upgrades, Y–12 ventilation, and air conditioning and chiller ret- neering laboratory, Sandia National Labora- rofit, Savannah River Site, Aiken, South Caro- tories, Albuquerque, New Mexico, $1,800,000. Plant, Oak Ridge, Tennessee, $3,250,000. (3) PROGRAM DIRECTION.—Funds are hereby lina, $8,000,000. Project 99–D–108, renovate existing roadways, Project 95–D–456, security facilities consolida- Nevada Test Site, Nevada, $2,000,000. authorized to be appropriated to the Department of Energy for fiscal year 1999 for program direc- tion, Idaho Chemical Processing Plant, Idaho Project 97–D–102, dual-axis radiographic National Engineering Laboratory, Idaho, hydrotest facility, Los Alamos National Labora- tion in carrying out weapons activities nec- essary for national security programs in the $485,000. tory, Los Alamos, New Mexico, $36,000,000. Project 92–D–140, F&H canyon exhaust up- amount of $240,000,000. Project 96–D–102, stockpile stewardship facili- grades, Savannah River Site, Aiken, South (b) ADJUSTMENTS.— ties revitalization, Phase VI, various locations, Carolina, $3,667,000. (1) CONSTRUCTION.—The total amount author- $20,423,000. Project 86–D–103, decontamination and waste ized to be appropriated pursuant to paragraphs Project 96–D–103, ATLAS, Los Alamos Na- treatment facility, Lawrence Livermore National (1)(A)(ii), (1)(B)(ii), and (2)(B) of subsection (a) tional Laboratory, Los Alamos, New Mexico, Laboratory, Livermore, California, $4,752,000. $6,400,000. is the sum of the amounts authorized to be ap- (4) POST-2006 COMPLETION.—For post-2006 Project 96–D–104, processing and environ- propriated in those paragraphs, reduced by the project completion in carrying out environ- mental technology laboratory, Sandia National sum of $30,000,000. mental restoration and waste management ac- Laboratories, Albuquerque, New Mexico, (2) NON-CONSTRUCTION.—The total amount tivities necessary for national security programs $18,920,000. authorized to be appropriated pursuant to para- in the amount of $2,765,451,000, to be allocated Project 96–D–105, contained firing facility ad- graphs (1)(A)(i), (1)(B)(i), (1)(C), (2)(A), and (3) as follows: dition, Lawrence Livermore National Labora- of subsection (a) is the sum of the amounts au- (A) For operation and maintenance, tory, Livermore, California, $6,700,000. thorized to be appropriated in those paragraphs, $2,684,195,000. (B) For inertial fusion, $498,000,000, to be allo- reduced by the sum of $340,900,000, to be derived (B) For plant projects (including mainte- cated as follows: from use of prior year balances. nance, restoration, planning, construction, ac- (i) For operation and maintenance, SEC. 3102. DEFENSE ENVIRONMENTAL RESTORA- quisition, modification of facilities, and the con- $213,800,000. TION AND WASTE MANAGEMENT. tinuation of projects authorized in prior years, (ii) For the following plant project (including (a) IN GENERAL.—Funds are hereby author- and land acquisition related thereto), maintenance, restoration, planning, construc- ized to be appropriated to the Department of $81,256,000, to be allocated as follows: tion, acquisition, and modification of facilities, Energy for fiscal year 1999 for environmental Project 99–D–403, privatization phase I infra- and land acquisition related thereto), restoration and waste management in carrying structure support, Richland, Washington, $284,200,000, to be allocated as follows: out programs necessary for national security in $14,800,000. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3547 Project 97–D–402, tank farm restoration and (ii) For plant projects (including maintenance, (A) the amount authorized for the project; or safe operations, Richland, Washington, restoration, planning, construction, acquisition, (B) the amount of the total estimated cost for $22,723,000. modification of facilities, and the continuation the project as shown in the most recent budget Project 96–D–408, waste management up- of projects authorized in prior years, and land justification data submitted to Congress. grades, Richland, Washington, $171,000. acquisition related thereto), $21,800,000, to be al- (2) An action described in paragraph (1) may Project 94–D–407, initial tank retrieval sys- located as follows: be taken if— tems, Richland, Washington, $32,860,000. GPN–101 general plant projects, various loca- (A) the Secretary of Energy has submitted to Project 93–D–187, high-level waste removal tions, $9,000,000. the congressional defense committees a report on from filled waste tanks, Savannah River Site, Project 98–D–200, site laboratory/facility up- the actions and the circumstances making such Aiken, South Carolina, $10,702,000. grade, various locations, $7,000,000. action necessary; and (5) SCIENCE AND TECHNOLOGY.—For science Project 90–N–102, expended core facility dry (B) a period of 30 days has elapsed after the and technology in carrying out environmental cell project, Naval Reactors Facility, Idaho, date on which the report is received by the com- restoration and waste management activities $5,800,000. mittees. necessary for national security programs in the (B) For program direction, $20,100,000. (3) In the computation of the 30-day period amount of $270,750,000. (b) ADJUSTMENT.—The total amount author- under paragraph (2), there shall be excluded (6) PROGRAM DIRECTION.—For program direc- ized to be appropriated pursuant to this section any day on which either House of Congress is tion in carrying out environmental restoration is the sum of the amounts authorized to be ap- not in session because of an adjournment of and waste management activities necessary for propriated in paragraphs (1) through (7) of sub- more than 3 days to a day certain. national security programs in the amount of section (a) reduced by the sum of $20,000,000. (b) EXCEPTION.—Subsection (a) shall not $346,199,000. SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. apply to any construction project which has a current estimated cost of less than $5,000,000. (b) ADJUSTMENT.—The total amount author- Funds are hereby authorized to be appro- ized to be appropriated pursuant to paragraphs priated to the Department of Energy for fiscal SEC. 3124. FUND TRANSFER AUTHORITY. (1), (3)(A), (4)(A), (5), and (6) of subsection (a) year 1999 for payment to the Nuclear Waste (a) TRANSFER TO OTHER FEDERAL AGENCIES.— is the sum of the amounts authorized to be ap- Fund established in section 302(c) of the Nuclear The Secretary of Energy may transfer funds au- propriated in those paragraphs, reduced by the Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in thorized to be appropriated to the Department of sum of $94,100,000, to be derived from use of the amount of $190,000,000. Energy pursuant to this title to other Federal prior year balances. Subtitle B—Recurring General Provisions agencies for the performance of work for which SEC. 3103. OTHER DEFENSE ACTIVITIES. the funds were authorized. Funds so transferred SEC. 3121. REPROGRAMMING. may be merged with and be available for the (a) IN GENERAL.—Funds are hereby author- (a) IN GENERAL.—Until the Secretary of En- same purposes and for the same period as the ized to be appropriated to the Department of ergy submits to the congressional defense com- authorizations of the Federal agency to which Energy for fiscal year 1999 for other defense ac- mittees the report referred to in subsection (b) the amounts are transferred. tivities in carrying out programs necessary for and a period of 30 days has elapsed after the (b) TRANSFER WITHIN DEPARTMENT OF EN- national security in the amount of date on which such committees receive the re- ERGY.—(1) Subject to paragraph (2), the Sec- $1,720,760,000, to be allocated as follows: port, the Secretary may not use amounts appro- retary of Energy may transfer funds authorized (1) NONPROLIFERATION AND NATIONAL SECU- priated pursuant to this title for any program— to be appropriated to the Department of Energy RITY.—For nonproliferation and national secu- (1) in amounts that exceed, in a fiscal year— pursuant to this title between any such author- rity, $693,900,000, to be allocated as follows: (A) 110 percent of the amount authorized for izations. Amounts of authorizations so trans- (A) For verification and control technology, that program by this title; or ferred may be merged with and be available for $500,500,000, to be allocated as follows: (B) $1,000,000 more than the amount author- the same purposes and for the same period as (i) For nonproliferation and verification re- ized for that program by this title; or the authorization to which the amounts are search and development, $210,000,000. (2) which has not been presented to, or re- transferred. quested of, Congress. (ii) For arms control, $256,900,000. (2) Not more than five percent of any such au- (b) REPORT.—(1) The report referred to in sub- (iii) For intelligence, $33,600,000. thorization may be transferred between author- section (a) is a report containing a full and com- (B) For nuclear safeguards and security, izations under paragraph (1). No such author- plete statement of the action proposed to be $53,200,000. ization may be increased or decreased by more taken and the facts and circumstances relied (C) For security investigations, $30,000,000. than five percent by a transfer under such para- upon in support of such proposed action. (D) For emergency management, $21,300,000. graph. (E) For program direction, $88,900,000. (2) In the computation of the 30-day period (c) LIMITATION.—The authority provided by under subsection (a), there shall be excluded (2) WORKER AND COMMUNITY TRANSITION AS- this section to transfer authorizations— SISTANCE.—For worker and community transi- any day on which either House of Congress is (1) may only be used to provide funds for tion assistance, $45,000,000, to be allocated as not in session because of an adjournment of items relating to activities necessary for na- follows: more than 3 days to a day certain. tional security programs that have a higher pri- (c) LIMITATIONS.—(1) In no event may the (A) For worker and community transition, ority than the items from which the funds are total amount of funds obligated pursuant to this $41,000,000. transferred; and (B) For program direction, $4,000,000. title exceed the total amount authorized to be (2) may not be used to provide funds for an (3) FISSILE MATERIALS CONTROL AND DISPOSI- appropriated by this title. item for which Congress has specifically denied (2) Funds appropriated pursuant to this title TION.—For fissile materials control and disposi- funds. may not be used for an item for which Congress tion, $168,960,000, to be allocated as follows: (d) NOTICE TO CONGRESS.—The Secretary of (A) For operation and maintenance, has specifically denied funds. Energy shall promptly notify the Committee on $111,372,000. SEC. 3122. LIMITS ON GENERAL PLANT Armed Services of the Senate and the Committee (B) For program direction, $4,588,000. PROJECTS. on National Security of the House of Represent- (C) For plant projects (including mainte- (a) IN GENERAL.—The Secretary of Energy atives of any transfer of funds to or from au- nance, restoration, planning, construction, ac- may carry out any construction project under thorizations under this title. the general plant projects authorized by this quisition, modification of facilities, and the con- SEC. 3125. AUTHORITY FOR CONCEPTUAL AND tinuation of projects authorized in prior years, title if the total estimated cost of the construc- CONSTRUCTION DESIGN. tion project does not exceed $5,000,000. and land acquisition related thereto), (a) REQUIREMENT FOR CONCEPTUAL DESIGN.— $53,000,000, to be allocated as follows: (b) REPORT TO CONGRESS.—If, at any time (1) Subject to paragraph (2) and except as pro- Project 99–D–141, pit disassembly and conver- during the construction of any general plant vided in paragraph (3), before submitting to sion facility, various locations, $25,000,000. project authorized by this title, the estimated Congress a request for funds for a construction Project 99–D–143, mixed oxide fuel fabrication cost of the project is revised because of unfore- project that is in support of a national security facility, various locations, $28,000,000. seen cost variations and the revised cost of the program of the Department of Energy, the Sec- (4) ENVIRONMENT, SAFETY, AND HEALTH.—For project exceeds $5,000,000, the Secretary shall retary of Energy shall complete a conceptual de- environment, safety, and health, defense, immediately furnish a complete report to the sign for that project. $94,000,000, to be allocated as follows: congressional defense committees explaining the (2) If the estimated cost of completing a con- (A) For the Office of Environment, Safety, reasons for the cost variation. ceptual design for a construction project exceeds and Health (Defense), $89,231,000. SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. $3,000,000, the Secretary shall submit to Con- (B) For program direction, $4,769,000. (a) IN GENERAL.—(1) Except as provided in gress a request for funds for the conceptual de- (5) OFFICE OF HEARINGS AND APPEALS.—For paragraph (2), construction on a construction sign before submitting a request for funds for the Office of Hearings and Appeals, $2,400,000. project may not be started or additional obliga- the construction project. (6) INTERNATIONAL NUCLEAR SAFETY.—For tions incurred in connection with the project (3) The requirement in paragraph (1) does not international nuclear safety, $35,000,000. above the total estimated cost, whenever the apply to a request for funds— (7) NAVAL REACTORS.—For naval reactors, current estimated cost of the construction (A) for a construction project the total esti- $681,500,000, to be allocated as follows: project, which is authorized by section 3101, mated cost of which is less than $5,000,000; or (A) For naval reactors development, 3102, or 3103, or which is in support of national (B) for emergency planning, design, and con- $661,400,000, to be allocated as follows: security programs of the Department of Energy struction activities under section 3126. (i) For operation and maintenance, and was authorized by any previous Act, ex- (b) AUTHORITY FOR CONSTRUCTION DESIGN.— $639,600,000. ceeds by more than 25 percent the higher of— (1) Within the amounts authorized by this title, H3548 CONGRESSIONAL RECORD — HOUSE May 20, 1998

the Secretary of Energy may carry out construc- (c) EXEMPTION FROM REPROGRAMMING RE- (B) The date on which the report required by tion design (including architectural and engi- QUIREMENTS.—The requirements of section 3121 subsection (b) is submitted. neering services) in connection with any pro- shall not apply to transfers of funds pursuant to (b) REPORT.—The Secretary of Energy shall posed construction project if the total estimated subsection (a). submit to Congress a report on the results of the cost for such design does not exceed $600,000. (d) NOTIFICATION.—The Secretary, acting test program at the Watts Bar Nuclear Station. (2) If the total estimated cost for construction through the Assistant Secretary of Energy for The report shall include— design in connection with any construction Environmental Management, shall notify Con- (1) data on any leakage of tritium from the project exceeds $600,000, funds for such design gress of any transfer of funds pursuant to sub- test rods; must be specifically authorized by law. section (a) not later than 30 days after such (2) the amount of tritium produced during the SEC. 3126. AUTHORITY FOR EMERGENCY PLAN- transfer occurs. test; and NING, DESIGN, AND CONSTRUCTION (e) DEFINITIONS.—In this section: (3) any other technical findings resulting from ACTIVITIES. (1) The term ‘‘program or project’’ means, the test. (a) AUTHORITY.—The Secretary of Energy with respect to a field office of the Department SEC. 3135. LIMITATION ON USE OF CERTAIN may use any funds available to the Department of Energy, any of the following: FUNDS AT HANFORD SITE. of Energy pursuant to an authorization in this (A) A project listed in paragraph (3) or (4) of (a) LIMITATION.—(1) None of the funds de- title, including those funds authorized to be ap- section 3102. scribed in subsection (b) may be used unless the propriated for advance planning and construc- (B) A program referred to in paragraph (3), Secretary of Energy certifies to Congress not tion design under sections 3101, 3102, and 3103, (4), or (5) of section 3102. later than 90 days after the date of the enact- to perform planning, design, and construction (C) A project or program not described in sub- ment of this Act that the Department of Energy activities for any Department of Energy na- paragraph (A) or (B) that is for environmental does not intend to pay overhead costs that ex- tional security program construction project restoration or waste management activities nec- ceed more than 33 percent of total contract costs that, as determined by the Secretary, must pro- essary for national security programs of the De- during fiscal year 1999 for the Project Hanford ceed expeditiously in order to protect public partment, that is being carried out by the office, Management Contractors (at the Hanford Site, health and safety, to meet the needs of national and for which defense environmental manage- Richland, Washington), including the prime defense, or to protect property. ment funds have been authorized and appro- contractor and subcontractors at any tier (in- (b) LIMITATION.—The Secretary may not exer- priated before the date of enactment of this Act. cluding Enterprise Company contractors). cise the authority under subsection (a) in the (2) The term ‘‘defense environmental manage- (2) For purposes of paragraph (1), overhead case of any construction project until the Sec- ment funds’’ means funds appropriated to the costs include— retary has submitted to the congressional de- Department of Energy pursuant to an author- (A) indirect overhead costs, which include all fense committees a report on the activities that ization for carrying out environmental restora- activities whose costs are spread across other ac- the Secretary intends to carry out under this tion and waste management activities necessary counts of the contractor or site; section and the circumstances making such ac- for national security programs. (B) support service overhead costs, which in- tivities necessary. (f) DURATION OF AUTHORITY.—The managers clude activities or services for which programs (c) SPECIFIC AUTHORITY.—The requirement of of the field offices of the Department may exer- pay per unit used; section 3125(b)(2) does not apply to emergency cise the authority provided under subsection (a) (C) all fee, awards, and other profit on indi- planning, design, and construction activities during the period beginning on October 1, 1998, rect and support service overhead costs, or fees conducted under this section. and ending on September 30, 1999. that are not attributable to performance on a SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL Subtitle C—Program Authorizations, single project; SECURITY PROGRAMS OF THE DE- Restrictions, and Limitations (D) any portion of Enterprise Company costs PARTMENT OF ENERGY. for which there is no competitive bid and which, Subject to the provisions of appropriations SEC. 3131. PROHIBITION ON FEDERAL LOAN under the prior contract, had been an indirect GUARANTEES FOR DEFENSE ENVI- Acts and section 3121, amounts appropriated RONMENTAL MANAGEMENT PRIVAT- or service function; and pursuant to this title for management and sup- IZATION PROJECTS. (E) all computer service and information man- port activities and for general plant projects are Section 3132 of the National Defense Author- agement costs that had previously been reported available for use, when necessary, in connection ization Act for Fiscal Year 1998 (Public Law in indirect overhead or service center pool ac- with all national security programs of the De- 105–85; 111 Stat. 2034) is amended by adding at counts. partment of Energy. the end the following new subsection: (b) FUNDS.—The funds referred to in sub- SEC. 3128. AVAILABILITY OF FUNDS. ‘‘(g) PROHIBITION ON LOAN GUARANTEES.—The section (a) are the following: (a) IN GENERAL.—Except as provided in sub- Secretary of Energy may not guarantee any (1) $12,000,000 for reactor decontamination section (b), when so specified in an appropria- loan made by a private sector entity to a con- and decommissioning, as authorized to be ap- tions Act, amounts appropriated for operation tractor to pay for any costs (including costs de- propriated by section 3102 and allocated under and maintenance or for plant projects may re- scribed in subsection (a)(3)) borne by the con- subsection (a)(4)(A). main available until expended. tractor to carry out a contract entered into (2) $18,000,000 for single-shell tank drainage, (b) EXCEPTION FOR PROGRAM DIRECTION under this section.’’. as authorized to be appropriated by section 3102 and allocated under subsection (a)(4)(A). FUNDS.—Amounts appropriated for program di- SEC. 3132. EXTENSION OF FUNDING PROHIBITION (c) USE OF SAVINGS.—The expected savings rection pursuant to an authorization of appro- RELATING TO INTERNATIONAL CO- priations in subtitle A shall remain available to OPERATIVE STOCKPILE STEWARD- during fiscal year 1999 from compliance with be expended only until the end of fiscal year SHIP. subsection (a) shall be used at the Hanford Site 2000. Section 3133(a) of the National Defense Au- for ensuring full compliance with the Hanford Federal Facility Agreement and Consent Order SEC. 3129. TRANSFERS OF DEFENSE ENVIRON- thorization Act for Fiscal Year 1998 (Public Law MENTAL MANAGEMENT FUNDS. 105–85; 111 Stat. 2036) is amended by striking out and recommendations of the Defense Nuclear Facilities Safety Board. (a) TRANSFER AUTHORITY FOR DEFENSE ENVI- ‘‘for fiscal year 1998’’ and inserting in lieu (d) SENSE OF CONGRESS.—It is the sense of RONMENTAL MANAGEMENT FUNDS.—The Sec- thereof ‘‘for any fiscal year’’. Congress that— retary of Energy shall provide the manager of SEC. 3133. USE OF CERTAIN FUNDS FOR MISSILE each field office of the Department of Energy DEFENSE TECHNOLOGY DEVELOP- (1) overhead costs for contractors performing with the authority to transfer defense environ- MENT. environmental cleanup work at defense nuclear mental management funds from a program or Of the funds authorized to be appropriated facilities are out of control; (2) some of the increase in overhead costs can project under the jurisdiction of the office to an- pursuant to section 3101, the Secretary of En- be attributed to unnecessary regulation by the other such program or project. ergy shall make available not less than Department of Energy; and (b) LIMITATIONS.—(1) Only one transfer may $60,000,000 for the purpose of developing, dem- (3) the Department of Energy should take be made to or from any program or project onstrating, and testing hit-to-kill interceptor ve- whatever actions possible to minimize any in- under subsection (a) in a fiscal year. hicles for theater missile defense systems. The creased costs of contractor overhead that are at- (2) The amount transferred to or from a pro- Secretary shall carry out this section in co- tributable to unnecessary regulation by the De- gram or project under subsection (a) may not ex- operation with the Ballistic Missile Defense Or- partment. ceed $5,000,000 in a fiscal year. ganization of the Department of Defense. (3) A transfer may not be carried out by a SEC. 3134. SELECTION OF TECHNOLOGY FOR Subtitle D—Other Matters manager of a field office under subsection (a) TRITIUM PRODUCTION. SEC. 3151. TERMINATION OF WORKER AND COM- unless the manager determines that the transfer (a) SELECTION OF TECHNOLOGY.—(1) Subject to MUNITY TRANSITION ASSISTANCE. is necessary to address a risk to health, safety, paragraph (2), the Secretary of Energy shall se- (a) PROHIBITION.—No funds may be used by or the environment or to assure the most effi- lect a primary technology for the production of the Secretary of Energy after September 30, 2000, cient use of defense environmental management tritium not later than December 31, 1999. to provide worker or community transition as- funds at the field office. (2) The Secretary may not select a primary sistance with respect to defense nuclear facili- (4) Funds transferred pursuant to subsection technology for the production of tritium until ties, including assistance provided under section (a) may not be used for an item for which Con- the date that is the later of the following: 3161 of the National Defense Authorization Act gress has specifically denied funds or for a new (A) The date occurring 30 days after the com- for Fiscal Year 1993 (42 U.S.C. 7274h). program or project that has not been authorized pletion of the test program at the Watts Bar Nu- (b) REPEAL.—Effective October 1, 2000, section by Congress. clear Station, Tennessee. 3161 of the National Defense Authorization Act May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3549 for Fiscal Year 1993 (42 U.S.C. 7274h) is re- funds appropriated to the Department of Energy (1) The term ‘‘National Defense Stockpile’’ pealed. for atomic energy defense activities may be used means the stockpile provided for in section 4 of (c) STUDY BY THE GENERAL ACCOUNTING OF- to provide assistance under that section (by rea- the Strategic and Critical Materials Stock Piling FICE.— son of the amendment made by paragraph (1)) Act (50 U.S.C. 98c). (1) STUDY REQUIREMENT.—The Comptroller to the adversely affected employees described in (2) The term ‘‘National Defense Stockpile General shall conduct a study on the effects of section 3110(a)(5) of the USEC Privatization Act Transaction Fund’’ means the fund in the workforce restructuring plans for defense nu- (Public Law 104–134; 110 Stat. 1321–341; 42 Treasury of the United States established under clear facilities developed pursuant to section U.S.C. 2297h–8(a)(5)). section 9(a) of the Strategic and Critical Mate- 3161 of the National Defense Authorization Act SEC. 3152. REQUIREMENT FOR PLAN TO MODIFY rials Stock Piling Act (50 U.S.C. 98h(a)). for Fiscal Year 1993 (42 U.S.C. 7274h). EMPLOYMENT SYSTEM USED BY DE- SEC. 3302. AUTHORIZED USES OF STOCKPILE (2) MATTERS COVERED BY STUDY.—The study PARTMENT OF ENERGY IN DEFENSE FUNDS. shall cover the four-year period preceding the ENVIRONMENTAL MANAGEMENT (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- date of the enactment of this Act and shall in- PROGRAMS. ing fiscal year 1999, the National Defense Stock- clude the following: (a) PLAN REQUIREMENT.—(1) The Secretary of pile Manager may obligate up to $82,647,000 of (A) An analysis of the number of jobs created Energy shall develop a plan to modify the Fed- the funds in the National Defense Stockpile by any employee retraining, education, and re- eral employment system used within the defense Transaction Fund for the authorized uses of employment assistance and any community im- environmental management programs of the De- such funds under section 9(b)(2) of the Strategic pact assistance provided in each workforce re- partment of Energy to allow for workforce re- and Critical Materials Stock Piling Act (50 structuring plan developed pursuant to section structuring in those programs. U.S.C. 98h(b)(2)). 3161 of the National Defense Authorization Act (2) The plan shall address strategies to recruit (b) ADDITIONAL OBLIGATIONS.—The National for Fiscal Year 1993. and hire— Defense Stockpile Manager may obligate (B) An analysis of other benefits provided (A) individuals with a high degree of scientific amounts in excess of the amount specified in pursuant to such plans, including any assist- and technical competence in the areas of nu- subsection (a) if the National Defense Stockpile ance provided to community reuse organiza- clear and toxic waste remediation and environ- Manager notifies Congress that extraordinary or tions. mental restoration; and emergency conditions necessitate the additional (C) A description of the funds expended, and (B) individuals with the necessary skills to obligations. The National Defense Stockpile the funds obligated but not expended, pursuant manage large construction and environmental Manager may make the additional obligations to such plans as of the date of the report. remediation projects. described in the notification after the end of the (D) A description of the criteria used since Oc- (3) The plan shall include an identification of 45-day period beginning on the date Congress tober 23, 1992, in providing assistance pursuant the provisions of Federal law that would need to receives the notification. to such plans. be changed to allow the Secretary of Energy to (c) LIMITATIONS.—The authorities provided by (E) A comparison of any similar benefits pro- restructure the Department of Energy defense this section shall be subject to such limitations vided— environmental management workforce to hire as may be provided in appropriations Acts. individuals described in paragraph (2), while (i) pursuant to such a plan to employees TITLE XXXIV—NAVAL PETROLEUM staying within any numerical limitations re- whose employment at the defense nuclear facil- RESERVES quired by law (including section 3161 of Public ity covered by the plan is terminated; and SEC. 3401. DEFINITIONS. (ii) to employees whose employment at a facil- Law 103–337 (42 U.S.C. 7231 note)) on employ- ment of such individuals. In this title: ity where more than 50 percent of the revenues (1) The term ‘‘naval petroleum reserves’’ has (b) REPORT.—The Secretary shall submit to are derived from contracts with the Department the meaning given the term in section 7420(2) of of Defense has been terminated as a result of Congress a report on the plan developed under subsection (a). title 10, United States Code. cancellation, termination, or completion of con- (2) The term ‘‘Naval Petroleum Reserve Num- (c) LIMITATION ON USE OF CERTAIN FUNDS.— tracts with the Department of Defense and the bered 2’’ means the naval petroleum reserve, The Secretary of Energy may not use more than employees whose employment is terminated con- commonly referred to as the Buena Vista unit, 75 percent of the funds available to the Sec- stitute more than 15 percent of the employees at that is located in Kern County, California, and retary pursuant to the authorization of appro- that facility. was established by Executive order of the Presi- priations in section 3102(a)(6) (relating to pro- (F) A comparison of— dent, dated December 13, 1912. gram direction) until the Secretary submits the (i) involuntary separation benefits provided to (3) The term ‘‘Naval Petroleum Reserve Num- report required by subsection (b). employees of Department of Energy contractors bered 3’’ means the naval petroleum reserve, and subcontractors under such plans; and SEC. 3153. REPORT ON STOCKPILE STEWARDSHIP commonly referred to as the Teapot Dome unit, (ii) involuntary separation benefits provided CRITERIA. that is located in the State of Wyoming and was to employees of the Federal Government. (a) REQUIREMENT FOR CRITERIA.—The Sec- established by Executive order of the President, (G) A comparison of costs to the Federal Gov- retary of Energy shall develop clear and specific dated April 30, 1915. ernment (including costs of involuntary separa- criteria for judging whether the science-based (4) The term ‘‘Oil Shale Reserve Numbered 2’’ tion benefits) for— tools being used by the Department of Energy means the naval petroleum reserve that is lo- (i) involuntary separations of employees of for determining the safety and reliability of the cated in the State of Utah and was established Department of Energy contractors and sub- nuclear weapons stockpile are performing in a by Executive order of the President, dated De- contractors; and manner that will provide an adequate degree of cember 6, 1916. (ii) involuntary separations of employees of certainty that the stockpile is safe and reliable. (5) The term ‘‘antitrust laws’’ means has the contractors and subcontractors of other Federal (b) REPORT.—Not later than March 1, 1999, meaning given the term in section 1(a) of the Government departments and agencies. the Secretary of Energy shall submit to the Com- Clayton Act (15 U.S.C. 12(a)), except that the (H) A description of the length of service and mittee on Armed Services of the Senate and the term also includes— hiring dates of employees of Department of En- Committee on National Security of the House of (A) the Act of June 19, 1936 (15 U.S.C. 13 et ergy contractors and subcontractors provided Representatives a report on the efforts by the seq.; commonly known as the Robinson-Patman benefits under such plans in the two-year period Department of Energy to develop the criteria re- Act); and preceding the date of the enactment of this Act. quired by subsection (a). The report shall in- (B) section 5 of the Federal Trade Commission (3) REPORT ON STUDY.—The Comptroller Gen- clude— Act (15 U.S.C. 45), to the extent that such sec- eral shall submit a report to Congress on the re- (1) a description of the information needed to tion applies to unfair methods of competition. sults of the study not later than March 31, 1999. determine that the nuclear weapons stockpile is (6) The term ‘‘general land laws’’ includes the (4) DEFINITION.—In this section, the term ‘‘de- safe and reliable and the relationship of the Mineral Leasing Act (30 U.S.C. 181 et seq.) and fense nuclear facility’’ has the meaning pro- science-based tools to the collection of that in- the Materials Act of 1947 (30 U.S.C. 601 et seq.), vided the term ‘‘Department of Energy defense formation; and but excludes the Mining Law of 1872 (30 U.S.C. nuclear facility’’ in section 3163 of the National (2) a description of the criteria required by 22 et seq.). Defense Authorization Act for Fiscal Year 1993 subsection (a) to the extent they have been de- (7) The term ‘‘petroleum’’ has the meaning (Public Law 102–484; 42 U.S.C. 7274j). fined as of the date of the submission of the re- given the term in section 7420(3) of title 10, (d) EFFECT ON USEC PRIVATIZATION ACT.—(1) port. United States Code. Section 3110(a)(5) of the USEC Privatization Act TITLE XXXII–DEFENSE NUCLEAR SEC. 3402. AUTHORIZATION OF APPROPRIATIONS. (Public Law 104–134; 110 Stat. 1321–341; 42 FACILITIES SAFETY BOARD (a) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 2297h–8(a)(5)) is amended by adding at SEC. 3201. AUTHORIZATION. There are hereby authorized to be appropriated the end the following: ‘‘With respect to such There are authorized to be appropriated for to the Secretary of Energy $22,500,000 for fiscal section 3161, the Secretary shall, on and after fiscal year 1999, $17,500,000 for the operation of year 1999 for the purpose of carrying out— the effective date of the repeal of such section, the Defense Nuclear Facilities Safety Board (1) activities under chapter 641 of title 10, provide assistance to any such employee in ac- under chapter 21 of the Atomic Energy Act of United States Code, relating to the naval petro- cordance with the terms of such section as in ef- 1954 (42 U.S.C. 2286 et seq.). leum reserves; fect on the day before the effective date of its re- (2) closeout activities at Naval Petroleum Re- peal.’’. TITLE XXXIII—NATIONAL DEFENSE serve Numbered 1 upon the sale of that reserve (2) After the effective date of the repeal of sec- STOCKPILE under subtitle B of title XXXIV of the National tion 3161 of the National Defense Authorization SEC. 3301. DEFINITIONS. Defense Authorization Act for fiscal year 1996 Act for Fiscal Year 1993 (42 U.S.C. 7274h), no In this title: (Public Law 104–106; 10 U.S.C. 7420 note); and H3550 CONGRESSIONAL RECORD — HOUSE May 20, 1998 (3) activities under this title relating to the Energy shall continue to administer Naval Pe- title 10, United States Code, does not apply to disposition of Naval Petroleum Reserve Num- troleum Reserve Numbered 3 in accordance with the disposal of property under this title and bered 2, Naval Petroleum Reserve Numbered 3, chapter 641 of title 10, United States Code, until ceases to apply to property in Naval Petroleum and Oil Shale Reserve Numbered 2. such time as the Secretary makes a determina- Reserve Numbered 2, Naval Petroleum Reserve (b) AVAILABILITY OF APPROPRIATIONS.—Funds tion to abandon oil and gas operations in Naval Numbered 3, and Oil Shale Reserve Numbered 2, appropriated pursuant to the authorization of Petroleum Reserve Numbered 3 in accordance upon the final disposal of the property. appropriations in subsection (a) shall remain with commercial operating practices. TITLE XXXV—PANAMA CANAL available until expended. (b) DISPOSAL AUTHORITY.—(1) After oil and COMMISSION gas operations are abandoned in Naval Petro- SEC. 3403. PRICE REQUIREMENT ON SALE OF CER- SEC. 3501. SHORT TITLE; REFERENCES TO PAN- TAIN PETROLEUM DURING FISCAL leum Reserve Numbered 3, the Secretary of En- AMA CANAL ACT OF 1979. YEAR 1999. ergy may dispose of, subject to section 3407, the (a) SHORT TITLE.—This title may be cited as Notwithstanding section 7430(b)(2) of title 10, reserve by sale, lease, transfer, or other means. the ‘‘Panama Canal Commission Authorization United States Code, during fiscal year 1999, any Any sale or lease shall provide for the disposal Act for Fiscal Year 1999’’. sale of any part of the United States share of of all right, title, and interest of the United (b) REFERENCES TO PANAMA CANAL ACT OF petroleum produced from Naval Petroleum Re- States in the property to be conveyed and shall 1979.—Except as otherwise expressly provided, serve Numbered 2 or Naval Petroleum Reserve be conducted in accordance with competitive whenever in this title an amendment or repeal is Numbered 3, shall be made at a price not less procedures consistent with commercial practices, expressed in terms of an amendment to, or re- than 90 percent of the current sales price, as es- as established by the Secretary of Energy. peal of, a section or other provision, the ref- timated by the Secretary of Energy, of com- (2) The Secretary of Energy may extend to a erence shall be considered to be made to a sec- parable petroleum in the same area. purchaser or other transferee of property under tion or other provision of the Panama Canal Act SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RE- this subsection such indemnities and warranties of 1979 (22 U.S.C. 3601 et seq.). SERVE NUMBERED 2. as the Secretary considers reasonable and nec- SEC. 3502. AUTHORIZATION OF EXPENDITURES. essary to protect the purchaser or transferee (a) DISPOSAL OF FORD CITY LOTS.—(1) Subject (a) IN GENERAL.—Subject to subsection (b), to section 3407, the Secretary of Energy shall from claims arising from the ownership of the the Panama Canal Commission is authorized to dispose of that portion of Naval Petroleum Re- property by the United States or the administra- use amounts in the Panama Canal Revolving serve Numbered 2 located within the town lots in tion of the property by the Secretary of Energy. Fund to make such expenditures within the lim- Ford City, California, as generally depicted on (c) RELATIONSHIP TO ANTITRUST LAWS.—This its of funds and borrowing authority available the map of Naval Petroleum Reserve Numbered section does not modify, impair, or supersede the to it in accordance with law, and to make such 2 that accompanies the report of the Secretary operation of the antitrust laws. contracts and commitments, as may be necessary entitled ‘‘Report and Recommendations on the SEC. 3406. DISPOSAL OF OIL SHALE RESERVE under the Panama Canal Act of 1979 (22 U.S.C. Management and Disposition of the Naval Pe- NUMBERED 2. 3601 et seq.) for the operation, maintenance, im- troleum and Oil Shale Reserves (Excluding Elk (a) TRANSFER OF ADMINISTRATIVE JURISDIC- provement, and administration of the Panama Hills)’’, dated March 1997. TION.—Subject to section 3407, effective Septem- Canal for fiscal year 1999. (2) The Secretary of Energy may carry out the ber 30, 1999, the Secretary of Energy shall trans- (b) LIMITATIONS.—For fiscal year 1999, the disposal of that portion of Naval Petroleum Re- fer to the Secretary of the Interior administra- Panama Canal Commission may expend from serve Numbered 2 described in paragraph (1) by tive jurisdiction and control over all public do- funds in the Panama Canal Revolving Fund not competitive sale or lease consistent with com- main lands included within Oil Shale Reserve more than $90,000 for official reception and rep- mercial practices, by transfer to another Federal Numbered 2 for management in accordance with resentation expenses, of which— agency or a public or private entity, or by any the general land laws. (1) not more than $28,000 may be used for offi- other means. Any competitive sale or lease (b) RELATIONSHIP TO INDIAN RESERVATION.— cial reception and representation expenses of under this subsection shall provide for the dis- The transfer of administrative jurisdiction the Supervisory Board of the Commission; posal of all right, title, and interest of the under this section does not affect any interest, (2) not more than $14,000 may be used for offi- United States in the property to be conveyed. right, or obligation respecting the Uintah and cial reception and representation expenses of The Secretary of Energy may use the authority Ouray Indian Reservation located in Oil Shale the Secretary of the Commission; and provided by the Act of June 14, 1926 (43 U.S.C. Reserve Numbered 2. (3) not more than $48,000 may be used for offi- 869 et seq.; commonly known as the Recreation SEC. 3407. ADMINISTRATION. cial reception and representation expenses of and Public Purposes Act), in the same manner (a) CONTRACT AUTHORITY.—Using the author- the Administrator of the Commission. and to the same extent as the Secretary of the ity provided by section 303(c)(7) of the Federal SEC. 3503. PURCHASE OF VEHICLES. Interior, to dispose of that portion of Naval Pe- Property and Administrative Services Act of 1949 Notwithstanding any other provision of law, troleum Reserve Numbered 2 described in para- (41 U.S.C. 253(c)(7)), the Secretary of Energy the funds available to the Commission shall be graph (1). and the Secretary of the Interior may separately available for the purchase and transportation to (3) The Secretary of Energy may extend to a enter into contracts for the acquisition of such the Republic of Panama of passenger motor ve- purchaser or other transferee of property under services as the Secretary considers necessary to hicles built in the United States, the purchase this subsection such indemnities and warranties carry out the requirements of this title, except price of which shall not exceed $23,000 per vehi- as the Secretary considers reasonable and nec- that the notification required under subpara- cle. essary to protect the purchaser or transferee graph (B) of such section for each such contract SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE from claims arising from the ownership of the shall be submitted to Congress not less than WITH TREATIES. property by the United States or the administra- seven days before the award of the contract. Expenditures authorized under this title may tion of the property by the Secretary of Energy. (b) PROTECTION OF EXISTING RIGHTS.—At the be made only in accordance with the Panama (b) EVENTUAL TRANSFER OF ADMINISTRATIVE discretion of the Secretary of Energy, the dis- Canal Treaties of 1977 and any law of the JURISDICTION.—(1) The Secretary of Energy posal of property under this title shall be subject United States implementing those treaties. shall continue to administer Naval Petroleum to any contract related to the United States SEC. 3505. DONATIONS TO THE COMMISSION. Reserve Numbered 2 (other than the portion of ownership interest in the property in effect at Section 1102b (22 U.S.C. 3612b) is amended by the reserve subject to disposal under subsection the time of disposal, including any lease agree- adding at the end the following new subsection: (a)) in accordance with chapter 641 of title 10, ment pertaining to the United States interest in ‘‘(f)(1) The Commission may seek and accept United States Code, until such time as the Sec- Naval Petroleum Reserve Numbered 2. donations of funds, property, and services from retary makes a determination to abandon oil (c) DEPOSIT OF RECEIPTS.—Notwithstanding individuals, foundations, corporations, and and gas operations in Naval Petroleum Reserve any other law, all monies received by the United other private and public entities for the purpose Numbered 2 in accordance with commercial op- States from the disposal of property under this of carrying out its promotional activities. erating practices. title or under section 7439 of title 10, United ‘‘(2) The Commission shall establish written (2) After oil and gas operations are abandoned States Code, including monies received from a guidelines setting forth the criteria to be used in in Naval Petroleum Reserve Numbered 2 under lease entered into under this title or such sec- determining whether the acceptance of funds, paragraph (1), the Secretary of Energy shall tion, shall be deposited in the general fund of property, or services authorized by paragraph transfer to the Secretary of the Interior adminis- the Treasury. (1) would reflect unfavorably upon the ability of trative jurisdiction and control over all public (d) TREATMENT OF ROYALTIES.—Any petro- the Commission (or any employee of the Com- domain lands included within Naval Petroleum leum accruing to the United States as royalty mission) to carry out its responsibilities or offi- Reserve Numbered 2 (other than the portion of from any lease of lands transferred under this cial duties in a fair and objective manner or the reserve subject to disposal under subsection title or under section 7439 of title 10, United would compromise the integrity or the appear- (a)) for management in accordance with the States Code, shall be delivered to the United ance of the integrity of its programs or of any general land laws. States, or shall be paid for in money, as the Sec- official in those programs.’’. (c) RELATIONSHIP TO ANTITRUST LAWS.—This retary of the Interior may elect. SEC. 3506. SUNSET OF UNITED STATES OVERSEAS section does not modify, impair, or supersede the (e) ELEMENTS OF LEASE.—A lease under this BENEFITS JUST BEFORE TRANSFER. operation of the antitrust laws. title may provide for the exploration for, and de- (a) REPEALS.—Effective 11:59 p.m. (Eastern SEC. 3405. DISPOSAL OF NAVAL PETROLEUM RE- velopment and production of, petroleum, other Standard Time), December 30, 1999, the follow- SERVE NUMBERED 3. than petroleum in the form of oil shale. ing provisions are repealed and any right or (a) CONTINUED ADMINISTRATION PENDING TER- (f) RELATIONSHIP TO CURRENT LAW.—Except condition of employment provided for in, or aris- MINATION OF OPERATIONS.—The Secretary of as otherwise provided in this title, chapter 641 of ing from, those provisions is terminated: sections May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3551 1206 (22 U.S.C. 3646), 1207 (22 U.S.C. 3647), (B) by striking out ‘‘on or after that date’’; (D) the recipient provides sufficient evidence 1217(a) (22 U.S.C. 3657(a)), and 1224(11) (22 and to the Secretary that it has adequate financial U.S.C. 3664(11)), subparagraphs (A), (B), (F), (C) by striking out ‘‘the day before the date of resources in the form of cash, liquid assets, or a (G), and (H) of section 1231(a)(2) (22 U.S.C. enactment’’ and inserting in lieu thereof ‘‘that written loan commitment to complete the recon- 3671(a)(2)) and section 1321(e) (22 U.S.C. date’’. struction of the vessel. 3731(e)). (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is (3) ADDITIONAL TERMS.—The Secretary may (b) SAVINGS PROVISION FOR BASIC PAY.—Not- amended by inserting ‘‘the’’ after ‘‘by the head require such additional terms in connection with withstanding subsection (a), benefits based on of’’. the conveyance authorized by this section as the basic pay, as listed in paragraphs (1), (2), (3), (3) Section 1313 (22 U.S.C. 3723) is amended by Secretary considers appropriate. (5), and (6) of section 1218 of the Panama Canal striking out ‘‘subsection (d)’’ in each of sub- (c) PROCEEDS.—Any amounts received by the Act of 1979, shall be paid as if sections 1217(a) sections (a), (b), and (d) and inserting in lieu United States as proceeds from the sale of the and 1231(a)(2) (A) and (B) of that Act had been thereof ‘‘subsection (c)’’. M/V BAYAMON shall be deposited in the Vessel repealed effective 12:00 p.m., December 31, 1999. (4) Sections 1411(a) and 1412 (22 U.S.C. Operations Revolving Fund established by the The exception under the preceding sentence 3771(a), 3772) are amended by striking out ‘‘the Act of June 2, 1951 (chapter 121; 46 App. U.S.C. shall not apply to any pay for hours of work date of the enactment of the Panama Canal 1241a). Transition Facilitation Act of 1997’’ and insert- performed on December 31, 1999. SEC. 3603. CONVEYANCE OF NDRF VESSELS BEN- (c) NONAPPLICABILITY TO AGENCIES IN PANAMA ing in lieu thereof ‘‘by November 18, 1998’’. JAMIN ISHERWOOD AND HENRY OTHER THAN PANAMA CANAL COMMISSION.—Sec- (b) PUBLIC LAW 104–201.—Effective as of Sep- ECKFORD. tion 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended tember 23, 1996, and as if included therein as en- (a) AUTHORITY TO CONVEY.—The Secretary of by striking out ‘‘the Panama Canal Transition acted, section 3548(b)(3) of the Panama Canal Transportation may convey all right, title, and Facilitation Act of 1997’’ and inserting in lieu Act Amendments of 1996 (subtitle B of title interest of the United States Government in and thereof ‘‘the Panama Canal Transition Facilita- XXXV of Public Law 104–201; 110 Stat. 2869) is to the vessels BENJAMIN ISHERWOOD (TAO– tion Act of 1997 (subtitle B of title XXXV of amended by striking out ‘‘section’’ in both items 191) and HENRY ECKFORD (TAO–192) to a Public Law 105–85; 110 Stat. 2062), or the Pan- of quoted matter and inserting in lieu thereof purchaser for the purpose of reconstruction of ama Canal Commission Authorization Act for ‘‘sections’’. those vessels for sale or charter. Fiscal Year 1999’’. TITLE XXXVI—MARITIME (b) TERMS OF CONVEYANCE.— SEC. 3507. CENTRAL EXAMINING OFFICE. ADMINISTRATION (1) DELIVERY OF VESSEL.—In carrying out Section 1223 (22 U.S.C. 3663) is repealed. SEC. 3601. AUTHORIZATION OF APPROPRIATIONS subsection (a), the Secretary shall deliver the SEC. 3508. LIABILITY FOR VESSEL ACCIDENTS. FOR FISCAL YEAR 1999. vessel— (a) COMMISSION LIABILITY SUBJECT TO CLAIM- Funds are hereby authorized to be appro- (A) at the place where the vessel is located on ANT INSURANCE.—(1) Section 1411(a) (22 U.S.C. priated for fiscal year 1999, to be available with- the date of the conveyance; 3771(a)) is amended by inserting ‘‘to section out fiscal year limitation if so provided in ap- (B) in its condition on that date; and 1419(b) of this Act and’’ after ‘‘Subject’’ in the propriations Act, for the use of the Department (C) at no cost to the United States Govern- first sentence. of Transportation for the Maritime Administra- ment. (2) Section 1412 (22 U.S.C. 3772) is amended by tion as follows: (2) REQUIRED CONDITIONS.—The Secretary striking out ‘‘The Commission’’ in the first sen- (1) For expenses necessary for operations and may not convey a vessel under this section un- tence and inserting in lieu thereof ‘‘Subject to training activities, $70,553,000. less— section 1419(b) of this Act, the Commission’’. (2) For expenses under the loan guarantee (A) the recipient pays consideration equal to (3) Section 1416 (22 U.S.C. 3776) is amended by program authorized by title XI of the Merchant the domestic fair market value of the vessel, as striking out ‘‘A claimant’’ in the first sentence Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), determined by the Secretary; and inserting in lieu thereof ‘‘Subject to section $20,000,000 of which— (B) the recipient agrees to sell or charter the 1419(b) of this Act, a claimant’’. (A) $16,000,000 is for the cost (as defined in vessel to a member nation of the North Atlantic (b) LIMITATION ON LIABILITY.—Section 1419 section 502(5) of the Federal Credit Reform Act Treaty Organization for use as an oiler; (22 U.S.C. 3779) is amended by designating the of 1990 (2 U.S.C. 661a(5))) of loan guarantees (C) the recipient provides sufficient evidence text as subsection (a) and by adding at the end under the program; and to the Secretary that it has adequate financial the following: (B) $4,000,000 is for administrative expenses resources in the form of cash, liquid assets, or a ‘‘(b) The Commission may not consider or pay related to loan guarantee commitments under written loan commitment to complete the recon- any claim under section 1411 or 1412 of this Act, the program. struction of the vessel; nor may an action for damages lie thereon, un- SEC. 3602. CONVEYANCE OF NDRF VESSEL M/V BA- (D) the recipient agrees that any repair, res- less the claimant is covered by one or more valid YAMON. toration, or reconstruction work for the vessel policies of insurance totalling at least $1,000,000 (a) AUTHORITY TO CONVEY.—The Secretary of will be performed in the United States; and against the injuries specified in those sections. Transportation may convey all right, title, and (E) the recipient agrees to hold the Govern- The Commission’s liability on any such claim interest of the United States Government in and ment harmless for any claims arising from de- shall be limited to damages in excess of all to the vessel M/V BAYAMON (United States of- fects in the vessel or from exposure to hazardous amounts recovered or recoverable by the claim- ficial number 530007) to the Trade Fair Ship material, including asbestos and poly- ant from its insurers. The Commission may not Company, a corporation established under the chlorinated biphenyls, after the conveyance of consider or pay any claim by an insurer or laws of the State of Deleware and having its the vessel, except for claims arising before the subrogee of a claimant under section 1411 or principal offices located in New York, New York date of the conveyance or from use of the vessel 1412 of this Act.’’. (in this section referred to as the ‘‘recipient’’), by the Government after that date. for use as floating trade exposition to showcase SEC. 3509. PANAMA CANAL BOARD OF CONTRACT (3) ADDITIONAL TERMS.—The Secretary may APPEALS. United States technology, industrial products, require such additional terms in connection with and services. (a) ESTABLISHMENT AND PAY OF BOARD.—Sec- a conveyance authorized by this section as the (b) TERMS OF CONVEYANCE.— tion 3102(a) (22 U.S.C. 3862(a)) is amended— Secretary considers appropriate. (1) DELIVERY OF VESSEL.—In carrying out (1) in paragraph (1), by striking out ‘‘shall’’ (c) PROCEEDS.—Any amounts received by the subsection (a), the Secretary shall deliver the in the first sentence and inserting in lieu thereof United States as proceeds from the sale of a ves- vessel— sel under this section shall be deposited in the ‘‘may’’; and (A) at the place where the vessel is located on Vessel Operations Revolving Fund established (2) by adding at the end the following new the date of conveyance; by the Act of June 2, 1951 (chapter 121; 46 App. paragraph: (B) in its condition on that date; and U.S.C. 1241a). ‘‘(3) Compensation for members of the Board (C) at no cost to the United States Govern- (d) DURATION OF AUTHORITY.—The authority of Contract Appeals shall be established by the ment. of the Secretary under this section may only be Commission’s supervisory board, except that (2) REQUIRED CONDITIONS.—The Secretary such compensation may not be reduced during a may not convey a vessel under this section un- exercised during the one-year period beginning member’s term of office from the level estab- less— on the date of the enactment of this Act. lished at the time of the appointment.’’. (A) the recipient pays consideration equal to SEC. 3604. CLEARINGHOUSE FOR MARITIME IN- (b) DEADLINE FOR COMMENCEMENT OF the domestic fair market value of the vessel as FORMATION. BOARD.—Section 3102(e) (22 U.S.C. 3862(e)) is determined by the Secretary; Of the amount authorized to be appropriated amended by striking out ‘‘, but not later than (B) the recipient agrees that any repair, res- pursuant to section 3601(1) for operations of the January 1, 1999’’. toration, or reconstruction work for the vessel Maritime Administration, $75,000 shall be avail- SEC. 3510. TECHNICAL AMENDMENTS. will be performed in the United States; able for the establishment at a State Maritime (a) PANAMA CANAL ACT OF 1979.—The Pan- (C) the recipient agrees to hold the Govern- Academy of a clearinghouse for maritime infor- ama Canal Act of 1979 is amended as follows: ment harmless for any claims arising from expo- mation that makes that information publicly (1) Section 1202(c) (22 U.S.C. 3642(c)) is sure to hazardous material, including asbestos available, including by use of the Internet. amended— and polychlorinated biphenyls, after the con- SEC. 3605. CONVEYANCE OF NDRF VESSEL EX-USS (A) by striking out ‘‘the day before the date of veyance of the vessel, except for claims arising LORAIN COUNTY. the enactment of the Panama Canal Transition before the date of the conveyance or from use of (a) AUTHORITY TO CONVEY.—The Secretary of Facilitation Act of 1997’’ and inserting in lieu the vessel by the Government after that date; Transportation may convey all right, title, and thereof ‘‘November 17, 1997,’’; and interest of the Federal Government in and to the H3552 CONGRESSIONAL RECORD — HOUSE May 20, 1998 vessel ex-USS LORAIN COUNTY (LST–1177) to an additional period of general debate, ignore his Secretary of State, the Di- the Ohio War Memorial, Inc., located in San- which shall be confined to the subject rector of the CIA and the Pentagon and dusky, Ohio (in this section referred to as the of the assignment of members of the to allow his campaign donors to help ‘‘recipient’’), for use as a memorial to Ohio vet- Armed Forces to assist in border con- China’s military. erans. Finally, maybe it was just an acci- (b) TERMS OF CONVEYANCE.— trol and shall not exceed 30 minutes, (1) DELIVERY OF VESSEL.—In carrying out equally divided and controlled by the dent when the President gutted the subsection (a), the Secretary shall deliver the chairman and ranking minority mem- Justice Department’s investigation vessel— ber. into the matter. If there is an innocent (A) at the place where the vessel is located on It shall be in order at any time for explanation, though, the American the date of conveyance; the chairman of the Committee on Na- people have not heard it yet. (B) in its condition on that date; and tional Security or his designee to offer The facts, as we know them, are (C) at no cost to the Federal Government. amendments en bloc consisting of deeply disturbing. What frightens, an- (2) REQUIRED CONDITIONS.—The Secretary may not convey a vessel under this section un- amendments printed in part D of the gers, and troubles me is that we do not less— report not earlier disposed of or ger- know all the facts yet. (A) the recipient agrees to hold the Govern- mane modifications of any such These are serious matters. China has ment harmless for any claims arising from expo- amendment. The amendments en bloc 13 missiles aimed at U.S. cities, and it sure to hazardous material, including asbestos shall be considered read, except that would be shocking if the President and polychlorinated biphenyls, after convey- modifications shall be reported, shall helped to make the missiles more accu- ance of the vessel, except for claims arising be- be debatable for 20 minutes, equally di- rate. Clearly, the American people de- fore the date of the conveyance or from use of vided and controlled by the chairman serve an explanation. Unless and until the vessel by the Government after that date; we get such an explanation, the Presi- and and ranking minority member of the (B) the recipient has available, for use to re- committee, or their designees, shall dent should postpone his scheduled trip store the vessel, in the form of cash, liquid as- not be subject to amendment and shall to China. sets, or a written loan commitment, financial re- not be subject to a demand for a divi- After receiving campaign donations sources of at least $100,000. sion of the question. from the People’s Liberation Army, (3) ADDITIONAL TERMS.—The Secretary may The original proponent of an amend- after associating with Chinese agents require such additional terms in connection with ment included in the amendments en and after changing U.S. policy to bene- the conveyance authorized by this section as the bloc may insert a statement in the fit the Chinese military, the President Secretary considers appropriate. CONGRESSIONAL RECORD immediately has no business jetting off to (c) OTHER UNNEEDED EQUIPMENT.—The Sec- retary may convey to the recipient of the vessel before disposition of the amendments Tiananmen Square to attend cere- conveyed under this section any unneeded en bloc. monies with China’s Communist lead- equipment from other vessels in the National The Chairman of the Committee of ers. To do so would be an insult to the Defense Reserve Fleet, for use to restore the ves- the Whole may postpone a request for a American people and those Chinese sel conveyed under this section to museum qual- recorded vote on any amendment and who lost their lives in the fight for de- ity. may reduce to a minimum of 5 minutes mocracy. The CHAIRMAN. No amendment to the time for voting on any postponed Mr. SKELTON. Mr. Chairman, I yield the committee amendment in the na- question that immediately follows an- myself such time as I may consume. ture of a substitute is in order except other vote, provided that the time for Last week, the Committee on Rules amendments printed in House Report voting on the first question shall be a received some 12 amendments dealing 105–544, or considered by order of the minimum of 15 minutes. in one form or another with China. House to have been so printed, and The Chairman of the Committee of Those amendments were combined and amendments en bloc described in Sec- the Whole may recognize for consider- fashioned into the four that we will ad- tion 3 of the resolution. ation of amendments printed in the re- dress here today. Except as specified in Section 5 of the port out of the order in which they are As a footnote question, however, I resolution, each amendment printed in printed, but not sooner than 1 hour would be interested in knowing the the report shall be considered only in after the chairman of the Committee source of the information that the gen- the order specified, may be offered only on National Security or a designee an- tlewoman just said regarding missiles by a Member designated in the report, nounces from the floor a request to being targeted toward us. I would ap- shall be considered read, and shall not that effect. preciate that in a timely fashion. be subject to a demand for a division of It is now in order to debate the sub- The two broad targets of these the question. ject of the policy of the United States amendments are, first, the administra- Unless otherwise specified in the re- with respect to the People’s Republic tion policy of engagement with respect port or in the resolution, each amend- of China. to China, and, second, the alleged im- ment printed in the report shall be de- The gentleman from Arizona (Mr. proper flow of U.S. technology to batable for 10 minutes, equally divided STUMP) and the gentleman from Mis- China. These four amendments are ei- and controlled by the proponent and an souri (Mr. SKELTON) each will control 1 ther redundant, Mr. Chairman, or sim- opponent of the amendment, and shall hour. ply counterproductive. not be subject to amendment, except The Chair recognizes the gentleman Let me first discuss the administra- that the chairman and ranking minor- from Arizona (Mr. STUMP). tion policy of engagement with China. ity member of the Committee on Na- Mr. STUMP. Mr. Chairman, I am A quarter century ago, President Rich- tional Security each may offer one pro pleased to yield 2 minutes to the gen- ard Nixon traveled to China initiating forma amendment for the purpose of tlewoman from North Carolina (Mrs. a new relationship with the world’s further debate on any pending amend- MYRICK). largest country. It is a relationship ment. Mrs. MYRICK. Mr. Chairman, per- that has evolved over the past quarter Consideration of amendments printed haps it is just a coincidence. Perhaps it century through six administrations, in part A of the report shall begin with is just a coincidence that the President Republican and Democratic. an additional period of general debate, turned a blind eye as one of his Over that time, we have seen China which shall be confined to the subject wealthiest campaign contributors make great strides economically as it of the policy of the United States with harmed our national security by help- adopted market reforms. The earlier respect to the People’s Republic of ing the Chinese improve their ballistic policy under President Nixon shifted China and shall not exceed 2 hours, warheads. during the Bush administration as the equally divided and controlled by the Maybe the President did not mean to Cold War came to an end. The strategic chairman and ranking minority mem- accept campaign donations from the component that brought the two coun- ber. Chinese Red Army at the same time he tries closer together in 1972, a mutual changed U.S. policy to benefit China’s concern about the Soviet threat, ended b 1215 missile program. upon the breakup of the Soviet Union. Consideration of amendments printed There may be an innocent expla- President Bush, the Nixon adminis- in part C of the report shall begin with nation for the President’s decision to tration’s first Ambassador to China, May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3553 understood the important role that here today rather than protect U.S. se- The cheapest launchers in the world China would play in world affairs as curity interests may actually tend to are the Communist Chinese; that is, the 20th Century drew to a close and harm them. The effort to coax China they will send up an American satellite the 21st approached. He realized that a along, to help those responsible figures built by Hughes or another American country with a quarter of the world’s in this government to proceed in a company on a pretty inexpensive basis population a country, with nuclear positive direction, will probably suffer atop a Chinese missile. The so-called weapons, a country having one of the if we succeed in bashing China today in ‘‘Long March’’ missile is the missile of five permanent seats at the United Na- an attempt to criticize administration choice. That Chinese missile that sends tions, a country successfully adopting policy. up satellites also is the same missile Western market reforms was a country The tenor of the amendments is to that has nuclear warheads on top of it that the United States had to engage. make judgments about important pol- that is aimed at American cities. The aim was to help China become a icy issues before we have all the facts. So we have a problem. We want to cooperative power in both Asia and the We need to deal with these important make sure that American companies, world, to have it become a responsible matters with great care and great de- in putting their satellite packages atop world power interested in promoting liberation. I will listen to each of the these Chinese Communist ‘‘Long stability, not promoting revolution. amendments with great care along that March’’ missiles, do not inadvertently U.S. and China relations over the line. I am afraid that we are not going show them how to make the missiles more than 25 years have had more than to be doing a great deal positively more reliable, more accurate, and have their share of controversies, over through this debate. I hope that I am a number of factors that would allow human rights, over trade imbalances, wrong. them to destroy American cities with Mr. STUMP. Mr. Chairman, I am and over proliferation. The two coun- nuclear warheads. We have this major happy to yield 10 minutes to the gen- tries will continue to have differences problem. tleman from San Diego, California (Mr. in the future. However, the overall ef- I asked for these charts to be placed HUNTER), chairman of the Subcommit- fect should be to establish a relation- over here because I think the charts tee on Military Procurement of the ship where those differences can be re- very effectively explain some of the Committee on National Security. duced and managed in such a fashion Mr. HUNTER. Mr. Chairman, I thank things that we have inadvertently that China sees it to be in its own in- the gentleman for yielding the time. I taught the Chinese rocket ministry; terest to promote a stable inter- want to say how much I appreciate the that is, the people in charge of destroy- national order. ing American cities in a time of war gentleman from Missouri (Mr. SKEL- The Clinton administration has con- how to make their missiles more reli- TON), the ranking member, for his com- tinued the Bush administration policy. ments in this area and for his stalwart able. Two years ago, relations between the support of what has been the policy of Let me just describe a few of those. two countries were at a low point, as the Committee on National Security in We talk about the launch of April 1990, symbolized by the Straits of Taiwan in- that, even in times of marked partisan- taught the Chinese why and how to cident. Since then, the relationship has ship in the House in recent years, one build clean rooms for satellite launch improved, with a new generation of bipartisan effort has been the effort by investigation and introduced them to leaders adopting policies more in keep- the Committee on National Security the need to protect fragile complex ing with those of a responsible world often resulting in unanimous votes in payloads against significant thermal power. the committee to halt the movement dynamic change. Last year’s October summit between of American technology, militarily b 1230 President Clinton and President Jiang critical technology; that is, technology Zemin marked a turning point. Recent In 1992 we confirmed the Chinese that could end up killing American analysis that the launch problem was actions seem to bear out this positive men and women on battlefields or kill- development. in engine control of the launcher’s first ing Americans in our cities, to keep stage rather than altitude control. In Last fall, for example, during the that technology from moving to those 1992 we gave them information relating Southeast Asia’s economic crisis, who might use it against us. So, Re- to the design of payload fairings. In China took measures to stabilize the publicans and Democrats, we have been May of 1995 we validated China’s solid situation. It provided Thailand a bil- together on this issue. lion dollar loan and resisted the temp- We have this very troublesome issue rocket satellite kick motor. This tation to devalue its currency. In fi- that the committee has battled with motor was still in development and had nancial circles, China earned high and now that the American people have only been tested once before with the marks for acting in a responsible fash- to battle with; and it is the issues that attitude-altitude controlled defective ion. are surrounding the transfer of sat- launch of a Pakistani satellite. It was Let us look at a more recent crisis, ellite launching technology to Com- a new system; we validated that sys- the Indian detonation of five nuclear munist China. tem. In 1996, 1997 and 1998 we validated weapons last week. Under Mao, China It has now become clear, we all know the Chinese upper stage separating was unconcerned about the spread of this now, that, in fact, a number of technology, and we shared vibration nuclear weapons. Chinese missiles are aimed at Amer- and load coupling analysis with them. One of the difficult issues that the ican cities. Those Chinese missiles Now, another very troubling thing Clinton administration sought to ad- have nuclear tips. It is in our interest happened in 1996. That is, one of the dress over the past five years has con- not to give those Chinese missiles more Long March rockets went down. They cerned the Chinese nuclear technology reliability. Because of our diplomatic are considered not to be the most de- relationship with Pakistan. efforts notwithstanding, we cannot pre- pendable rockets. It went down. It was After the Indian explosions we see a dict the future, and we cannot say ab- destroyed before it got very far off the China acting with great caution, as- solutely that those missiles will never ground, and it carried a Loral-Hughes suming a role of responsibility on this be launched against the cities that payload, an American satellite pay- difficult issue. It described the Indian they are presently aimed at. So we do load, worth a couple hundred million action as showing brazen contempt for not want those missiles to be reliable. dollars. So Loral and Hughes, to make international efforts to halt the spread We do not want them to be accurate. their stockholders happier, had to fig- of nuclear weapons. We would hope that, in a time of ure out how to make these missiles Recent newspaper accounts have the launch, they do not even have the ca- that carry them up into space more re- Chinese government trying to reassure pability to leave the ground. That liable. So they then engaged with the the Pakistani government so that it would be the best thing. Chinese scientists and engineers and does not feel compelled to meet the In- Juxtaposed against that national se- showed them how to make these mis- dian actions with nuclear tests of its curity concern is a commercial concern siles more reliable. That is the infor- very own. of some American companies, and that mation that we have right now. I say all this, Mr. Chairman, because is that they have satellites to launch Now, the problem is, it is very dif- I believe that the actions that we take and they want to launch them cheap. ficult to get more information from H3554 CONGRESSIONAL RECORD — HOUSE May 20, 1998 the administration. This committee, curate,’’ not thinking about the fact day of my professional life, being sworn the Committee on National Security, those were the same missiles that are in as a Member of the United States under the leadership of the gentleman aimed at American cities with nuclear House of Representatives. I was elected from South Carolina (Mr. SPENCE), and warheads. So we debriefed the Chinese as a Democrat from the State of Flor- the Committee on International Rela- engineers and scientists on the prob- ida. But far more important than being tions under the leadership of the gen- lems their missile had and on how they elected as a Democrat, even far more tleman from New York (Mr. GILMAN), could correct it. That is currently the important than being elected as a Flo- and I might say the ranking Democrats subject of an ongoing investigation. ridian, I was an American, an Amer- on both of those committees, has The gentleman from Nebraska (Mr. ican first and American only. And I sought information as to exactly what BEREUTER) is saying, wait a minute. came to this Congress with a devotion happened with respect to this informa- Let us not agree to any more and a respect of the principles of the tion sharing and this accuratizing of debriefings. We do not share tech- United States of America, for the basic the Chinese missiles. nology. When the guillotine is over our freedoms that we enjoy in our Bill of We do know this: The Department of head and sticking, we do not say we Rights. Defense has issued a statement after think we see your problem and we want Then I listened to debate after debate analyzing that debriefing and that in- to solve it for you. in this House, where I disagreed vehe- formation sharing, and they said this, The gentleman from Colorado (Mr. mently with the Speaker with respect which should be of interest to every HEFLEY) has an amendment. The to his policies on Medicare, or Social American mother and father. They said amendment would prohibit the export Security, or education or the environ- American national security has been or reexport of any missile equipment or ment, and I disagreed vehemently at damaged by this transfer of tech- technology to the People’s Republic of times with the direction that the Re- nology. China. publican leadership of this Congress We are trying to find out exactly This says listen, let us put the brakes wishes to take this Nation. what was transferred, what happened, on. We have made a major mistake. But never would I dare, never would what reliability that is going to give to Our own Department of Defense under I dare question the patriotism and the these nuclear systems that the Chinese the Clinton Administration has said devotion to this country of the Speaker have, and we are not getting any an- national security has been damaged. or any Republican Member of the Con- swers. Let us stop everything and try to fig- gress. Never would I dare suggest that Against that backdrop, we are offer- ure out exactly what has happened and a Republican Member of this Congress ing four amendments today. The gen- what we can do to rectify it. An excel- has any less love for this country than tleman from South Carolina (Mr. lent amendment by the gentleman I do, because I may differ with him on SPENCE) and the gentleman from New from Colorado (Mr. HEFLEY). a policy, and I am confident that most York (Mr. GILMAN) are offering an Finally, I have an amendment that Americans appreciate that those people amendment that expresses the sense of prohibits the export or reexport of U.S. who are elected to this Congress, re- the Congress that business interests satellites, including commercial sat- gardless of their political beliefs, and must not be placed over U.S. national ellites and satellite components to the those few individuals in our history security interests, I think every Amer- People’s Republic of China. This says that have been so privileged to lead our ican would agree with that, and that the lives of our children, the safety of Nation as our President, have anything the United States should not agree to a our cities, are more important than the but a complete devotion to our country variety of initiatives at the upcoming shareholders seeing their stock go up a and our national security. presidential summit in China, includ- few points because they have sent the Yet, in the last months we have seen ing, and these are some of the things capability to deliver weapons of mass extraordinary allegations thrown at we think our administration may be of- destruction into our own American cit- this President. Not simple allegations, fering China, support for Chinese mem- ies. but allegations that rise to the level of bership in the missile technology con- Now, the administration needs to be being involved in a murder plot, allega- trol regime; a blanket waiver of forthcoming. They need to send us in- tions rising to the level of being in- Tiananmen Square sanctions; an in- formation on exactly what happened volved in a rape, allegations involving crease in space launches from China; when we had this Loral and Hughes de- at one time or another almost every agreeing to unverifiable arms control briefing of the Chinese engineers and crime imaginable. initiatives; increasing the level of mili- scientists in 1996. They need to send us But the height was reached this week tary-to-military contacts; and entering information on exactly what the situa- when Members of this House accused any new agreements involving space or tion is with respect to the new capabil- the President of the United States and missile-related technology. ity of the Chinese missiles as a result the administration of acting in a trea- That amendment is being offered by of that. sonous fashion, of endangering the na- the gentleman from South Carolina I think until they do that, they do tional security of the United States. (Mr. SPENCE) and the gentleman from not deserve to have us allowing them And over what? What evidence is pre- New York (Mr. GILMAN). I think every to move forward with American compa- sented? Member should vote for that. nies continuing to send American sat- Taken in its most simplistic form, We have the gentleman from Ne- ellites and interacting with the very the allegation is the Chinese Govern- braska (Mr. BEREUTER) offering an people in the launch program in com- ment sent some money, a significant amendment. This amendment would munist China who work both with do- amount of money, $100,000, to the na- prohibit U.S. participation in any mestic satellites, sending those sat- tional Democratic Party, and then the postlaunch failure investigation in- ellites into space, and who work with President made a foreign policy deci- volving the launch of a U.S. satellite preparing nuclear-tipped missiles for sion where he said, ‘‘There is the from China. launch at American cities. This says, money. Now we are going to send some The gentleman from Nebraska (Mr. let us hold everything up until we missile technology to China that will BEREUTER) very wisely is addressing shake this thing out. endanger the United States, that will the very occurrence that we just talked So we are offering those four amend- create a nuclear proliferation pro- about. We had a big American payload ments. I would hope that Democrats gram.’’ of a $200 million satellite on top of a and Republicans all vote for those Let us look at the specifics of the al- Chinese missile. The missile went amendments. This should be a time of legations. The money in question, the down, so the $200 million satellite was reorganization and reexamination. alleged money, did not wind up in the destroyed, did not get launched. So Mr. SKELTON. Mr. Chairman, I yield Democratic coffers until July and Au- Hughes stockholders and Loral stock- 5 minutes to the gentleman from Flor- gust of 1996. But what the accusers holders said, ‘‘We need to get more ida (Mr. WEXLER). failed to say is the President issued the money. We have just lost $200 million. Mr. WEXLER. Mr. Chairman, almost waiver in March of 1996. And what the We need to help the Chinese accuratize a year and a half ago I received and accusers failed to say is that the their missiles and make them more ac- began for me what was the proudest money was then given back after it was May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3555 given, and then after the money was Defense. Hopefully that is not part of a massive destruction with as many as 10 given back, another waiver was issued. right wing conspiracy, I would say to targets from one single rocket. If you listen to the accusers, you my friend who just spoke. That MIRV capability is something would think President Clinton dreamed ‘‘In May 1997 the administration was that we were hoping that the Chinese up this idea of waivers. No, the first jolted by a classified Pentagon report would not obtain, because they do not waivers were given by President Bush, concluding that scientists from Hughes have too many ICBMs, and we were and President Bush decided it was in and Loral Space and Communications hoping that they would not get the ca- our national interest to allow Amer- had turned over expertise that ‘signifi- pability to have more than one nuclear ican companies to send off their com- cantly improved the reliability of Chi- warhead per missile, because it is very munications satellites because there na’s nuclear missiles.’ ’’ That is the difficult to handle, if we ever do get de- were not enough American rockets New York Times, April 13, 1998. Our De- fenses, to handle 10 warheads coming going up to do so. partment of Defense said American se- out of each missile. But they have got- These were communication sat- curity has been damaged. That is what ten some of that technology from our ellites. And if you listen to the allega- we are concerned about. commercial satellite application. tions, you would think we just handed I think what we are going to have to A second area where they desperately them to the Chinese, when in fact it do, both Republicans and Democrats, is needed capability in their nuclear stra- was American companies that handed when we have colleagues that come in tegic arsenal and they got that as a re- them to our Department of Defense. It and start ranting about the money, is sult, or got some help as a result of was the American Department of De- very firmly but quietly push them their interaction with our satellite fense that transported the satellite, aside to get their part of the debate people, is kick motor technology. Kick the American Department of Defense over, and then go into what really con- motors are used to propel satellites that put the satellite in its proper cerns the American people, and that is precisely into their described orbits. place, and it was guarded the whole this: that we have two conflicting pres- This same technology can be applied to way by the American Department of sures here. We have the pressure of our warhead delivery systems to enable Defense. domestic satellite industry, like them to evade ballistic missile defense Let us get down right to the bottom Hughes and Loral, that wants to sell systems. line of the argument, that money was things and make money; and they Radiation-hardened electronics. given and a political decision made. If make money by taking advantage of These specialized chips are designed to that is in fact the case, then all of us the cheap launch that the Chinese offer resist electromagnetic interference in in Washington need to be brave and by putting their satellite packages on space as well as electromagnetic pulses stand up and admit that all of us are top of Chinese missiles. That is the one in a nuclear combat environment. guilty then, because whenever there is factor, the one pressure. Encryption devices. In both commer- a contribution given, we will act on the The second pressure, of course, and a cial and military applications, contribution and do what the contribu- concern of ours, is national security. encryption devices allow only author- tor said. And yes, yes, then it happens Because those very same missiles that ized users to control the system. every day. And then, yes, it would carry the domestic satellite launches Launcher altitude control, another seem it would be legitimate to argue that we make money on, and Loral and vital area. Stage separation systems, a that because the tobacco companies Hughes, also carry nuclear-tipped mis- very critical area for launching suc- have given millions to the Republican siles that are presently aimed at the cessful, making successful missile party, that is why they are giving them United States, and conceivably in a launches, whether one is launching a tax breaks. conflict the reliability of those mis- satellite or launching a nuclear pay- But I would not dare suggest that siles to carry its nuclear payload into load. nexus, because I would not have the au- American cities should be something of So let me just close by saying this. dacity to suggest that another Member great concern to us. This committee, Democrats and Repub- of Congress is corrupt or is corrupted. licans, looked at this issue several b 1345 And for Members of this Congress to years ago. We were asked to place this suggest that the President of the That is what we are talking about satellite launching technology, the li- United States has in some way endan- here. censing for this technology, to move it gered our national security, without a If I could have that second chart over out of the control of the Department of single shred of evidence, is there a sin- here, let us talk about that for just a Defense, the overview of the Depart- gle shred of evidence that suggests that second. Incidentally, I have never ment of Defense and the Department of this President took the money, knew heard of the New York Times being State. what he was doing, and then said, send called part of a right-wing conspiracy. Typically, the Department of Defense the missile, send the satellite to be on I hope they have not changed over- has always been very tough on allow- the missile because of the money? Not night. But I think this chart is pretty ing this technology to go overseas. A a single shred of evidence. It is treason- descriptive because it tells how, in lot of the users like Hughes and Loral ous, they say, without a single shred of working out commercial launches, in wanted to move it into the Department evidence. doing commercial launches in China, of Commerce, where the object is to Mr. STUMP. Mr. Chairman, I yield 7 we are inadvertently increasing the ca- sell things and make money, where minutes to the gentleman from Califor- pability of their nuclear strategic sys- they thought they would be given a lit- nia (Mr. HUNTER). tems. tle more liberal license to transfer this Mr. HUNTER. I thank the gentleman Payload dispersal technology. Pay- technology to China. This committee for yielding me time. load dispersal technology allows single fought that, and we had a vote in this Mr. Chairman, I am kind of surprised commercial rockets to deliver more committee, Democrats and Repub- at the gentleman’s tirade here, because than a single satellite into space per licans. As I recall, and I could be this gentleman never mentioned each launch. The same technology can wrong, it was unanimous, except for I money, never mentioned treason, rare- be used to develop Multiple Independ- think either 1 or 2 votes. It was almost ly mentioned the President. And when ently-targetable Reentry Vehicles. We unanimous, Democrats and Repub- I went over the litany or the chro- talked about those in the Cold War on licans, and in fact, one of the leaders nology of missile launches, I started this floor. Those are known as MIRVs. on the Democrat side was Mr. Dellums, with the Bush Administration in 1990. A MIRV is when we send one missile and the gentleman from South Caro- This is a Committee on National Se- up, one missile, and when it gets to a lina (Mr. SPENCE) was our leader on the curity. We are not worried about where certain altitude when it is over Amer- Republican side. the money came from or what it did or ican cities or over another military So this is not a partisan issue, this is whether there was influence. What we target, it disperses 3 or 4 or 5 or as not about money, this is about secu- are concerned about, very simply, is many, in the case of the Soviet Union, rity, and we need to pass these 4 this statement, this statement made as many as 10 warheads to different amendments, put this whole transfer of by President Clinton’s Department of targets, so it can usher in absolutely satellite technology on hold until we H3556 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have sorted this thing out, figured out ity. The necessary export license for in question is only one in a series of ex- how much damage has been done to the this information was neither sought amples of this administration’s easing American people and go from there. nor obtained by the American compa- of restrictions on the export of mili- Mr. SKELTON. Mr. Chairman, I yield nies in question. The transfer of this tarily sensitive United States tech- myself such time as I may consume. sensitive information reportedly led nology to China. Let me add some facts. One can have the Department of Defense to conclude Last year at this time, the House one’s own opinions, but one cannot that ‘‘United States national security voted overwhelmingly and on a biparti- have one’s own facts. Let me add a few has been harmed,’’ and resulted in the san basis to close a loophole in the ad- of the facts. It is my understanding Justice Department initiating a crimi- ministration’s export control policy that in response to a letter from the nal investigation. that allowed the transfer of super- gentleman from South Carolina (Mr. Unfortunately, this investigation was computers to, among others, Chinese SPENCE), the chairman, that was sent undermined when the White House ap- institutes involved in the research and to various officials here in this city parently, over the objections of the development of ballistic missiles. This seeking the secret DOD report was re- Justice Department earlier this year, year, Congress is once again faced with sponded to by 3 folks, one from DOD, approved the export to China of similar the need to close another loophole in one from the ACDA, and the other from military-related technology. In light of current export law and we should act Justice, that there is an ongoing crimi- a recently reported CIA study that con- immediately. nal investigation by the District Attor- cludes that China has targeted 13 long- While I recognize that much still re- ney of the District of Columbia, and range nuclear missiles on the United mains to be learned about this latest the turnover of any evidence on this States, the danger of helping China controversy, the urgency of the export matter might jeopardize the case. perfect its missile capability with tech- issue itself requires the Congress to act Mr. Chairman, being a former pros- nology ‘‘Made in the USA’’ is appar- decisively and quickly in an attempt to ecuting attorney in the State of Mis- ently obvious to just about everyone ensure that no further damage is done except the White House. souri, I fully understand that response. to our national security. Moreover, I Last month, the gentleman from New I think that the facts should be clear believe that Congress should be heard York (Mr. GILMAN), the chairman of loud and clear before the President on that issue. the Committee on International Rela- Mr. Chairman, I reserve the balance travels to China next month. tions, and I jointly sent letters to the For this reason, I ask my colleagues of my time. Departments of Defense, Commerce Mr. STUMP. Mr. Chairman, I yield 5 to support the amendments offered. and State and the Arms Control and minutes to the gentleman from South Mr. SKELTON. Mr. Chairman, may I Disarmament Agency requesting docu- Carolina (Mr. SPENCE), the chairman of inquire of the Chair as to how much ments relating to the 1996 transfer of time each side has remaining? the Committee on National Security. technology and the White House’s more (Mr. SPENCE asked and was given The CHAIRMAN. The gentleman recent 1998 decision to waive restric- permission to revise and extend his re- from Missouri (Mr. SKELTON), has 48 tions on the transfer of similar tech- marks.) minutes remaining, and the gentleman nology to China. The Committee on Mr. SPENCE. Mr. Chairman, later from Arizona (Mr. STUMP), has 34 min- National Security is intensely inter- today the House will have an oppor- utes remaining. ested in reviewing the Defense Tech- tunity to vote on a series of amend- Mr. STUMP. Mr. Chairman, I yield 3 nology Security Administration report ments that address recent revelations minutes to the gentleman from Califor- on the 1996 transfer, which concluded nia (Mr. CUNNINGHAM). concerning the possible illegal transfer that the transfer did harm United of sophisticated American missile tech- Mr. SKELTON. Mr. Chairman, I yield States’ national security. Unfortu- 1 minute to the gentleman from Cali- nology to China. I urge my colleagues nately, one month later, and not one to consider this issue carefully and to fornia. document has been provided. The ad- The CHAIRMAN. The gentleman support these amendments. ministration asserts that releasing from California (Mr. CUNNINGHAM) is Over the past few days and weeks, these documents to Congress would recognized for 4 minutes. the American people have witnessed a compromise its ongoing criminal inves- Mr. CUNNINGHAM. Mr. Chairman, flood of news articles about the deci- tigation. In reality, the administration there is nobody in this House on the sions 2 years ago and again earlier this appears to be hiding behind the veneer other side of the aisle that I respect year by the Clinton administration to of a Justice Department investigation more than my colleague, the gen- allow the transfer of sophisticated that the White House’s own decision tleman from Missouri (Mr. SKELTON). American satellite technology to earlier this year is likely to have al- He knows that that is true. China, technology that can be used to ready compromised. White House treason? No. But I improve Chinese ballistic missiles tar- Mr. Chairman, the United States sat- would say to my colleague, I think geted on the United States. ellite industry has long supported a re- that there has been some very poor de- While many important aspects of laxation on restrictions on the export cisions made, decisions that should these reports and allegations remain of satellites and satellite-related tech- concern every American family. It is unclear, the administration is doing nology in the name of making money. not just in the China issue, it deals little to help clarify the situation, as Unfortunately, much of this tech- with foreign policy, it deals with na- repeated requests by the Congress for nology is indistinguishable from the tional security that in my estimation, information continue to be ignored. missile-related technology. The admin- our defense forces are the worst off Nevertheless, that which we do know is istration, nevertheless, liberalized the than I have seen them in 30 years that deeply troubling. Although sanctions export of certain satellites in 1996 by I have been associated with it. imposed on China in 1990 at the removing them from the strictly con- b Tiananmen massacre were intended to trolled United States munitions list 1300 prevent the transfer of missile tech- and placing them on the less restricted That is both from taking money out nology to China, those sanctions have dual-use commodity control list ad- of defense, and the deployments that repeatedly been waived to allow the ex- ministered by the Commerce Depart- take money like Haiti, Somalia, Bos- port of United States satellites con- ment. This decision was a fundamental nia, that take money out of the oper- taining militarily-sensitive tech- reversal of the position articulated by ation and maintenance, already out of nology. Vice President Candidate Gore during a low budget. I think those kinds of de- In 1996, 2 American companies par- the 1992 election campaign. He warned cisions are made when you surround ticipated in a review of a failed launch that allowing the launch of United yourselves with very left-wing oriented of a U.S. satellite on a Chinese rocket. States satellite by China would allow members of your cabinet and staff, like As a result of this investigation, sen- that country to ‘‘gain foreign aero- Strobe Talbott. The decisions that you sitive export control information was space technology that would be other- make, you need people there that have exchanged, information that could be wise unavailable to it.’’ some kind of sense of what is good. used by China to improve its long- Mr. Chairman, the transfer of sat- Let us face it, China is not the same range nuclear ballistic missile capabil- ellite and missile-related technologies China it was 20 years ago. There have May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3557 been a lot of changes in China. I would side the beltway here. They have is why a full-scale investigation needs tell the gentleman from Missouri (Mr. launched six Typhoon Red October to take place. That is why witnesses SKELTON), today China is still one of class submarines. It is a very dan- who want to talk need to be immu- the biggest threats the United States gerous world. Yet, my colleagues on nized. faces. So is the former Soviet Union. the other side say, well, the Cold War My colleagues on the other side of They are not our friends. We have to is over. the aisle need to be patriots first and keep working in that direction, but The Cold War is not over, and when politicians second, patriots first and they are very, very dangerous. we are giving potential enemies like politicians second, because the secu- It is like a pit bull that you put in- China and Russia technology, that rity of the United States is at risk and side a fence to guard you at night. You should be a concern of every Member in at stake. I urge them to vote with me would not let that pit bull out to play this body. I know it is for the gen- for immunity, for the sake of this with your children. That is what we are tleman. It is not an issue on treason, it country. doing by this technology transfer to is an issue on national security, and Mr. STUMP. Mr. Chairman, I am China. China shipped chemical and bio- one that I think that both sides of the happy to yield 3 minutes to the gen- logical weapons to Iran and Iraq. aisle ought to stress, and we ought to tleman from New York (Mr. GILMAN), That is one of the reasons we are in look forward to it. the chairman of the Committee on Iraq right now, because COSCO, the Mr. STUMP. Mr. Chairman, I yield 3 International Relations. Chinese shipping company, is right out minutes to the gentleman from Indiana (Mr. GILMAN asked and was given of China, owned by the PLA, the same (Mr. BURTON). permission to revise and extend his re- company that the alleged allocations (Mr. BURTON of Indiana asked and marks.) went forth with the money, but yet, we was given permission to revise and ex- Mr. GILMAN. Mr. Chairman, I thank turn over Long Beach Naval Shipyard tend his remarks.) the gentleman for yielding time to me. to them at the President’s insistence. Mr. BURTON of Indiana. Mr. Chair- Mr. Chairman, I am pleased to rise in That is wrong, and that is a poor deci- man, the point of all this is, was our strong support of the legislation before sion. That is letting them in our back national security jeopardized because us today, and the amendments we will door when they are dealing with chemi- of campaign contributions coming shortly consider specifically relating cal and biological weapons and then from Communist China? Was a tech- to the curbs on the export of tech- missile technology. nology transfer made that endangered nology enabling China to improve the The second thing, the nuclear trig- the security of the people of this coun- reliability of its nuclear weapons deliv- gers to Iraq, right in San Diego, my try by giving MIRVing technology, so ery systems. own city, Iraq tried to steal out nu- they can hit several cities with one In 1992, when then candidate Clinton clear components. Yet, China is ship- rocket, for campaign contributions? attacked President Bush for coddling ping to those countries. That is dan- Let us look at the facts. Johnny dictators, including those who ordered gerous. Yet, we enhance their ability Chung has told investigators that he the massacre of pro-democracy dem- on missile technology? That is wrong. received $300,000 from Liu Chaoying. onstrators at Tiananmen Square, few I would tell my friend that both for- Who is Liu Chaoying? Liu Chaoying is could have imagined how President eign policy decisions, and I would in- a lieutenant colonel who is also an ex- Clinton’s administration would face clude the United States Marine Corps ecutive, an executive of China Aero- charges of compromising our national in Lebanon, I think that was very poor space. She is a lieutenant colonel in security at the hands of the same Chi- policy under a Republican President, the Red Chinese army. Her father was nese leaders. trapping our marines there and not let- the top military commander of the en- Yet, in May of 1997 a highly classified ting them fight back. tire Red Chinese army. He is a senior Pentagon report has reportedly con- Mr. SKELTON. Mr. Chairman, will member of the Communist party in cluded that scientists from two leading the gentleman yield? China. American satellite manufacturing Mr. CUNNINGHAM. I yield to the She gave $300,000 to Johnny Chung to firms, Loral Space and Communica- gentleman from Missouri. give to the Democrat National Com- tions and Hughes, provided expertise Mr. SKELTON. Mr. Chairman, all I mittee. They do not do that for their that significantly improved the guid- want to point out is that in our com- health. You do not give money to a for- ance and reliability of China’s nuclear mittee there was an amendment that eign government or a foreign campaign weapons delivery systems. passed overwhelmingly against the for your health. There was a reason be- I am concerned that in their desire to COSCO Chinese company taking over hind it. promote the commercial interests of Long Beach. I think that was impor- We believe there were other contribu- key U.S. companies, that this adminis- tant. tions of this type that came into the tration might have compromised its Mr. CUNNINGHAM. I am aware of Democrat National Committee, and own efforts to limit the spread of mis- that. I thank the gentleman for that. other campaigns in the United States sile technology to China, which re- That was a good decision by the com- of America. In fact, I am sure of it. I mains today as the leading exporter of mittee, but I think a very poor decision am sure of it. What were these monies the weapons of mass destruction by the White House, as I am trying to for? We know that this technology around the world. point out. transfer took place. We know that the As the President prepares to go to Foreign policy, like the extension of Justice Department was investigating China and to visit the very same Somalia, where we changed from going it. We know that the President of the square where protesters were killed humanitarian to going after General United States gave a waiver so this some 9 years ago, he must be mindful Aideed, and then drawing down our technology could go forth. that any efforts to permanently waive forces, and our military asked for Was there a connection? Was our na- these sanctions could further under- armor, we do not give it, and we lose tional security jeopardized because of mine our national security, and clearly people; Haiti could have sat there in these campaign contributions and be- give the Chinese the message that our my opinion for another 200 years. But cause of this technology transfer? policies on the spread of weapons and all of those cost billions of dollars, and These are things the American people human rights abuses could be reversed we are taking money out of defense to have a right to know, because every by commercial considerations. pay for them. We cannot even get an man, every woman, and every child in As he prepares for his summit meet- FEHBP bill for veterans, and we pay the future may be jeopardized because ing with Chinese officials, President $16 billion for Haiti and Bosnia. Those of these decisions. Clinton should leave the bag of carrots kinds of decisions, is what I am telling Was it treason? I do not know. I hope at home. There should be no conces- my friend, I believe are wrong. not. I do not believe it was. I hope not. sions, no deals, no permanent waivers, Russia is a threat. Under the Ural Was it incompetence? Maybe. Was it no new technology or science agree- Mountains, the gentleman has seen the because of greed for campaign con- ments, and most importantly, no intelligence reports, they are building tributions? Possibly, and maybe likely. shoehorning of China into a missile a first strike nuclear site the size of in- But we need to have the answers. That technology control regime that they H3558 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have been busy violating over the past deeply troubling questions. I believe lutely no one wants it. Basic training decade. Congress now needs to do two things: is a time to build trust and camara- In light of the fact that the President First, it needs to go on record in oppo- derie. It is a time to solve problems is unwilling to suspend the export of sition to the kinds of technology trans- while there is ultimate control over American satellites to China pending fers that have recently made headlines. them. Right now I do not see what the the outcome of the ongoing criminal We have that opportunity today. I hope problem is. investigation, Congress should appro- all of my colleagues will support the The military is not having a woman priately consider amendments to the amendments before us. problem. In my opinion, it is more of a bill which will effectively curtail the Second, Congress needs to look into man problem. It is no longer the men export of these items. Accordingly, I these questions. Allegations have been at the top of the Department of De- urge our Members to support the made that the administration acted in- fense. General Shalikashvili, Secretary amendments which will be before them appropriately. The administration has Cohen, all of them have called for inte- today. denied wrongdoing. Mr. Chairman, the grated training. The problem is with Mr. SISISKY. Mr. Chairman, I yield American people should know the the men who are controlling this myself 2 minutes. truth. The administration should have House, the Republican leadership. Mr. Chairman, it is very interesting, the opportunity to explain its actions. Men and women must train as they listening to this debate. I really was I would hope, however, that any ini- fight. You cannot solve a social prob- not going to get into it. But the pre- tiative to look into these issues will lem with a logistical maneuver. Right vious speaker, not the gentleman from occur in an atmosphere devoid of the now, as I am speaking, men and women New York (Mr. GILMAN), but the pre- kind of partisan bickering that we have are fighting together in Bosnia defend- vious speaker to that, just dropped a seen elsewhere in this Congress re- ing freedom. I do not believe that di- few words in there that kind of trig- cently. There are very important na- vide and conquer, which they are try- gered me off to jump to my feet. tional security issues involved here, ing to do with this maneuver, will He did not accuse anybody, but he not the least of which is the relation- work here. Separating the sexes during said, is it not treasonous? He dropped ship between our Nation and the basic training would be a tremendous that word. Is it incompetence? He world’s most populous state, which is mistake, a rollback. It creates an at- dropped that word. Is it greed? And also a nuclear power. mosphere of distrust and may affect then had the audacity to say, I would We need to consider these matters military readiness. I hope that this Congress will refuse tell that side, be patriots first and poli- with sobriety and a judicious tempera- in the conference committee to accept ticians second. ment. The right time to begin to sort this rollback to segregate women and This is what is wrong with this de- out these issues is today. I urge my bate. I do not really understand. This men in the Armed Services. colleagues to support the amendments Mr. STUMP. Mr. Chairman, I yield 2 is a political debate, this is not a de- before us. minutes and 30 seconds to the gen- bate about China. Everybody under- Mr. SISISKY. Mr. Chairman, I yield 3 tleman from California (Mr. ROHR- stands the investigation that is going minutes to the gentlewoman from New ABACHER). on. It is funny, I have not seen any- York (Mrs. MALONEY). Mr. ROHRABACHER. Mr. Chairman, thing. I have read it in the papers. Mrs. MALONEY of New York. I I rise in strong support of these four Now, maybe our committee should be thank the gentleman for yielding me amendments. My colleague from Vir- the one that investigates this, because the time, Mr. Chairman. ginia a few moments ago asserted that it is national security. Mr. Chairman, really, only in a Re- this is, this has been turned into a de- But please, let us bring ourselves up publican-led Congress could we have bate that is a political debate rather to a higher debate. Do not question the women serving all over the world de- than a debate about China. I hope that other side’s patriotism. That is the fending our country and have back those who read this account in the wrong thing to do. here this Congress rolling back their CONGRESSIONAL RECORD will remember Mr. STUMP. Mr. Chairman, I yield 2 rights of equality of treatment in the and take that remark and put it into minutes to the gentlewoman from military. perspective. Florida (Mrs. FOWLER), a member of I refer specifically to the segment of It seems that every time that alleged the committee. this bill that will roll back women to wrongdoing by this Democrat Presi- (Mrs. FOWLER asked and was given segregated training. I do not know any- dent is challenged or investigated, it permission to revise and extend her re- one who supports this except the Re- becomes political. There is no person marks.) publican leadership. Three of the four so pure or so consistent enough in his Mrs. FOWLER. Mr. Chairman, I rise branches of the armed service do not past behavior to investigate this Presi- to express my grave concern about want it, the trainees do not want it, all dent of the United States in charges these recent revelations concerning the the experts have recommended against that he may have done something that transfer of missile and other tech- it, and I am honestly not sure why we endangers the national security or was nologies to the Peoples’ Republic of are being forced to consider, in this in some way corrupt. And given that China, and to express my support for legislation, legislation that would seg- reality to the Members on the other the package of amendments we will be regate the men and women of our side of the aisle, they feel absolutely taking up shortly. Armed Forces. justified in obstructing and dragging I have been tracking issues relating b 1315 out and confusing any type of inves- to the transfer of critical technologies tigation into this President’s activi- to the Peoples’ Republic for some time. Earlier today and last night in a bi- ties. I must tell my colleagues that allega- partisan way, the Women’s Caucus It is becoming clear to the American tions regarding missile technologies asked for a bipartisan amendment that people that something has been done are only the latest in a long series of would strike this language from the when it comes to our relations with very questionable transfers. bill. Our amendment was not placed in China. Something terrible has hap- Previously, U.S. firms have trans- order. I cannot understand why they pened. Every man, woman and child in ferred supercomputers, production would not even allow a floor debate on this country may have been put in hardware that would enable the Chi- this or a vote on this issue. I guess jeopardy because American technology nese to build intercontinental bombers they think that they know that we could well have been transferred to the and missiles, gas turbine technology, would win. Communist Chinese in order to perfect and much more. Some of these sales Another problem with it is that we their nuclear weapons delivery sys- have been explicitly authorized by this allocated last year $2.2 million to set tems. administration. Others have occurred up a commission to study this and What does that mean to the Amer- because of gray areas in the law which other things. We have not even gotten ican people? It means that all of us are need to be addressed. the results of this commission. The going to be put at risk if we are ever to Allegations that campaign contribu- Army says that it will cost them $159 confront the Chinese when they com- tions may have influenced policy raise million to implement it, when abso- mit aggression or become belligerent May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3559 or do things that threaten our national from perhaps a slightly different point Let us work this problem on that security in the future. Now, perhaps of view. I offered an amendment or I basis. Walk through this thing, find because American technology has been asked that an amendment be made in out how much damage was done to transferred to these Communist Chi- order by the Committee on Rules American security and how we can stop nese that enable them to launch their which I am terribly disappointed was it from further eroding. nuclear weapons at us more effectively, not. It has to do with Hong Kong and Mr. STUMP. Mr. Chairman, I yield all of us are going to be put in jeop- transfer through Hong Kong of tech- such time as he may consume to the ardy. This is not a political issue. This nology to China. There are currently gentleman from Pennsylvania (Mr. is a national security issue, just as all two separate sets of export laws that WELDON). of those other issues were legitimate in apply to China and Hong Kong. Every- (Mr. WELDON of Pennsylvania asked being investigated. one here knows that in 1997, Hong Kong and was given permission to revise and I will say this, those other investiga- came under the rule of China. And yet extend his remarks.) tions, if they would not have been ob- we continue to have these two separate Mr. WELDON of Pennsylvania. Mr. structed, if they would not have, if sets of laws. Chairman, I want to thank first of all there was not intentional efforts being So this morning in a Joint Economic my good friend the gentleman from Ar- made to confuse the issues in those in- Committee hearing, we asked some izona (Mr. STUMP) for his leadership vestigations, the public would have un- very knowledgeable witnesses, who, and for my good friend, the gentleman derstood the importance of those issues frankly, are associated or have been as- from Missouri (Mr. SKELTON) for his as well. But this is too important to let sociated with the CIA, whether our leadership. This is truly a bipartisan politics get in the way, and it is not concerns are valid on this issue. I committee, and this is truly a biparti- politics coming from this side of the would say to the well meaning Mem- san bill. And this effort aimed at China aisle. It is politics which is preventing bers of the Committee on Rules who and our concerns on proliferation is a the American people from learning the may be listening, I think they made a bipartisan concern. truth when eight members of the mistake on this issue because witness I, like my colleagues, will attest to Democratic Party prevent witnesses after witness has said that these con- the fact that Members on the other from testifying in our investigation in cerns are valid. This came to my atten- side have been equally aggressive to one of our own committees. tion, Mr. Chairman, because of a con- Members on our side in focusing on the I strongly support this and the Amer- tractor wanting to transfer a weapons proliferation problem. There has not ican people deserve to know the truth, system which, if it had not been for been a division that is a political divi- whether they have been betrayed or some of us here sitting here now, would sion. In fact, we have been very much not. have never been a reality, a modified united when it comes to proliferating Mr. SISISKY. Mr. Chairman, I yield version of a weapons system trans- activities, not just by China but also myself such time as I may consume. by Russia and other entities, North It is obvious that the gentleman does ferred to Hong Kong, presumably even- Korea and so forth. not know this gentleman very well, tually to be transferred to China. Our amendment was not made in I also rise to say that I have been one and we do not. But I can tell him this, order, and I am terribly disappointed who has supported the President on those who know me know that I think by that. But we will have other days China policy. I voted for MFN. In fact, this is a very serious problem, if it is and other forums on which to make in the last session of Congress, I took true, an extremely serious problem. two delegations to China. I was the The thing that bothers me is painting those points. Mr. STUMP. Mr. Chairman, I yield 2 first policymaker from this country to everybody, to keep referring to this minutes to the gentleman from Califor- be asked to address a group of mid- side. Why? We may have some liberals nia (Mr. HUNTER). level officers in the PLA at the Na- over here, we may have some mod- Mr. HUNTER. Mr. Chairman, I just tional Defense University in Beijing. erates, we may have some conserv- wanted to reiterate to my friend the Twice I interacted with them. Twice I atives, but I do believe one thing, we do gentleman from Virginia (Mr. SISISKY) discussed with them our concerns have patriotism over here. We do care that one of the great things about the about proliferation and our concerns about our country, and I know this Committee on National Security over gentleman cares about his country. about our security relationship. The only reason that I mentioned the last couple of years has been that I plan to go back to China again this those other facts are the words, the despite our strong debate, especially on year. I believe in the policy of engage- words out there. That is the only rea- strategic systems on the House floor, ment with China. But I rise today to, son. Let us keep this debate on a high and I admit I am often a partisan in in the strongest possible terms, relate level. I can assure the gentleman from that debate with respect to the Strate- to our colleagues in this body that we California that this gentleman would gic Defense Initiative and other initia- have a problem. The proliferation that want to investigate anything that has tives that I think have been given has continually taken place by China to do with nuclear weapons. short shrift, we have always been to- and also by other nations, especially Mr. STUMP. Mr. Chairman, I yield 2 gether on technology transfer. We have Russia, has got to be stopped. minutes to the gentleman from New been very close on that, and we have Mr. Chairman, the problem is over Jersey (Mr. SAXTON). kind of held the line against other in- the past several years, it actually was Mr. SAXTON. Mr. Chairman, I would terests, particularly against commer- not just under this administration, to like to say to my friend the gentleman cial interests, because there is that some extent it was done in previous ad- from Virginia (Mr. SISISKY) that he and compelling interest in commercial op- ministrations, in looking at our arms I and the gentleman from California erations to press the advantage, to control agreements that are the basis (Mr. ROHRABACHER) are on the same make that last sale, even though it of our bilateral relationships with Rus- side. There is no question about it. We may be militarily critical technology sia and in this case China, we have not work closely together as members of that is involved that one day could enforced those agreements when we the Committee on Armed Services, and harm our troops on the battlefield. We have caught proliferators selling off I just want him to know that the gen- have always stuck together. and transferring technologies to other tleman from California (Mr. HUNTER), Interestingly, it has been not only nations. who is sitting here by me, and the gen- Republicans and Democrats, it has Mr. Chairman, tomorrow there will tleman from California (Mr. been conservatives and liberals. Mr. be an op ed in the L.A. Times which CUNNINGHAM) want to convey to the Dellums was one of the foremost pro- will summarize my point in very great gentleman how much we appreciate ponents of restricting technology detail, as I did last Wednesday night on having been able to work with him as transfer and many of the people who the floor of this body. Thirty-eight sep- Americans from two different parties testified before us came from various arate times in the past 7 years we have on these issues. We appreciate that political divisions of the left and right had documented cases of proliferating very much. and center in America, experts who felt activities coming from two countries, Mr. Chairman, I wanted to just ad- that we should not send military tech- coming from Russia and coming from dress this issue of high tech transfer nology to potential adversaries. China. Those proliferating activities H3560 CONGRESSIONAL RECORD — HOUSE May 20, 1998 have sent technology in the area of nu- (1) United States business interests must is becoming increasingly clear that clear weapons, chemical and biological not be placed above United States national United States national security contin- weapons and missile technology to security interests; ues to take a back seat to trade with Iran, Iraq, India and Pakistan. (2) at the Presidential summit meeting to China. Our amendment would place the be held in the People’s Republic of China in Now we face the music. We face a cri- June of 1998, the United States should not— Congress clearly on record in opposi- sis. India and Pakistan are saber rat- (A) support membership of the People’s Re- tion to any agreements that the Presi- tling each other with technology that public of China in the Missile Technology dent might negotiate at next month’s we could have stopped, if we would Control Regime; summit in China that would make it have taken aggressive action to stop (B) agree to issue any blanket waiver of easier for China to acquire our tech- that proliferation from occurring, the suspensions contained in section 902 of nology that can be used to improve its which is a requirement of a number of the Foreign Relations Authorization Act, military capability, in particular its arms control agreements, the missile Fiscal Years 1990 and 1991 (Public Law 101- ballistic missile capability. 246), regarding the export of satellites of technology control regime, the Arms United States origin intended for launch As has been reported in the press, the Export Control Act and a whole host of from a launch vehicle owned by the People’s administration is reportedly consider- other agreements. If we would have Republic of China; ing issuing a blanket waiver of the so- taken steps to impose sanctions in (C) agree to increase the number of called Tiananmen Square sanctions more than half of those 38 occasions, launches of satellites to geosynchronous against China, approving the export of let alone just the three where sanc- orbit by the People’s Republic of China more United States satellites to China, tions were imposed, I would argue we above the number contained in Article and even allowing joint satellite pro- would not be in the position we are in II(B)(ii) of the 1995 Memorandum of Agree- duction. ment Between the Government of the United This amendment would also express today. States of America and the Government of It is absolutely imperative that this the People’s Republic of China Regarding the sense of Congress that the Presi- body and this committee support the International Trade in Commercial Launch dent’s decision to allow the export of leadership on both sides of the aisle, Services; satellite technology to China earlier pass these four amendments and send a (D) support any cooperative project with this year, despite the reported DOD as- signal to China that we will not toler- the People’s Republic of China to design or sessment that ‘‘United States national ate any future proliferation of tech- manufacture satellites; security has been harmed’’ by a pre- nology, any missile technology, any (E) enter into any new scientific, tech- vious satellite transfer of technology, nical, or other agreements, or amend any ex- nuclear technology to Pakistan or any was not in the national interest. isting scientific, technical, or other agree- The administration has reportedly other Nation. ments, with the People’s Republic of China developed plans in recent weeks to in- b 1330 involving space or missile-related tech- nology; crease the level of space cooperation Because that then causes us to have (F) agree to any arms control initiative with China and to encourage the shar- to spend more money to defeat that that cannot be effectively verified, including ing of missile and space technology. In threat once it emerges in some other any initiative relating to detargeting of stra- a memorandum reportedly prepared by Nation’s hands. tegic offensive missiles; or the National Security Council and So I support my chairman, I support (G) support any increase in the number or printed in full in the Washington my ranking member, the gentleman frequency of military-to-military contacts Times, and I would like to submit that between the United States and the People’s from Arizona (Mr. STUMP), and my Republic of China; for the RECORD, it was suggested that ranking Democrat, the gentleman from (3) the decision of the executive branch in additional space- and missile-related Missouri (Mr. SKELTON), on their lead- 1998 to issue a waiver allowing the export of technology might be transferred to ership, and I urge all of our colleagues satellite technology to the People’s Republic China as an incentive for China to join to vote ‘‘yes’’ on each of the amend- of China was not in the national interest of the Missile Technology Control Re- ments that will be brought before us the United States, given the ongoing crimi- gime. shortly. nal investigation by the Justice Department As a member of that regime, China Mr. SKELTON. Mr. Chairman, I yield of the transfer in 1996 of satellite technology would be eligible to acquire missile back the balance of my time. to that country; (4) the executive branch should ensure that technology it cannot currently attain Mr. STUMP. Mr. Chairman, I yield United States law regarding the export of legally. However, while China has al- back the balance of my time. satellites to the Peoples Republic of China is ready said it would abide by the re- The CHAIRMAN. It is now in order to enforced and that the criminal investigation gime’s restrictions, those pledges have consider the amendments printed in described in paragraph (3) proceeds with all repeatedly proven to be hollow. China’s part A of House Report 104–544, which due dispatch; and record of missile proliferation should shall be considered in the following (5) the President should indefinitely sus- give Members little comfort about Bei- order: pend the export of satellites of United States jing’s willingness to abide by its inter- Amendment No. 1 by Representative origin to the People’s Republic of China, in- cluding those satellites licensed in February national nonproliferation obligation. SPENCE or GILMAN; 1998 as part of the Chinasat-8 program. In simple terms, Congress must Amendment No. 2 by Representative speak loudly and clearly today to en- The CHAIRMAN. Pursuant to House BEREUTER; sure that the United States does not Resolution 441, the gentleman from Amendment No. 3 by Representative take any action that helps China to South Carolina (Mr. SPENCE) and a HEFLEY; and Member opposed each will control 5 improve its military capability, espe- Amendment No. 4 by Representative minutes. cially its ballistic missile capabilities. HUNTER. The Chair recognizes the gentleman Mr. Chairman, China is clearly work- It is now in order to consider amend- ing overtime to improve its military from South Carolina (Mr. SPENCE). ment No. 1 printed in part A of House Mr. SPENCE. Mr. Chairman, I yield might, and it views ballistic missiles as Report 105–544. myself 2 minutes. a quick and effective way to do so. The AMENDMENT NO. 1 OFFERED BY MR. SPENCE (Mr. SPENCE asked and was given United States should refuse to be an Mr. SPENCE. Mr. Chairman, I offer permission to revise and extend his re- accomplice to that effort, yet under an amendment. marks.) the guise of constructive engagement The CHAIRMAN. The Clerk will des- Mr. SPENCE. Mr. Chairman, I rise and increasingly open trade, we are ignate the amendment. along with the gentleman from New doing just that. The text of the amendment is as fol- York (Mr. GILMAN) to offer this amend- Mr. Chairman, I urge my colleagues lows: ment expressing the sense of Congress to support the Spence-Gilman amend- Part A amendment No. 1 printed in House on the transfer of United States sat- ment and to send a clear message to Report 105–544 offered by Mr. Spence: ellite missile technology to China. the President before he travels to At the end of title XII (page 253, after line As the events surrounding the Clin- China next month that the Congress 3), insert the following new section: ton administration’s decision to trans- strongly opposes any policy that places SEC. 1206. SENSE OF THE CONGRESS. fer sensitive military-related tech- business interests over the national se- It is the sense of the Congress that— nology to China continue to unfold, it curity interest. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3561 Mr. GILMAN. Mr. Chairman, I rise today as The total umbrella of American Mr. BEREUTER. Mr. Chairman, I a coauthor of the amendment offered by my issues with the Chinese, and there are yield myself such time as I may con- good friend, the gentleman from South Caro- lots of issues, most of them commer- sume. lina, the distinguished Chairman of the Com- cial issues, a lot of them technology (Mr. BEREUTER asked and was mittee on National Security, Mr. SPENCE. transfer issues, is largely governed by given permission to revise and extend I hope that this amendment would be unani- the administration’s policies that are his remarks.) mously adopted by the House. It simply sets brought about in these discussions Mr. BEREUTER. Mr. Chairman, this forth the sense of the Congress on an issue with Chinese leaders. amendment would prohibit United of vital importance to America's national secu- There is going to be an upcoming States participation in any post-launch rityÐthe transfer of missile technology to presidential summit. That has been failure investigations involving the China. pointed out. A lot of the things that we launch of a U.S. satellite from the Peo- To that end, this amendment calls on the are concerned about, like Chinese ple’s Republic of China. President to indefinitely suspend the export of membership in the Missile Technology On February 15, 1996, a Chinese rocket U.S. satellites to China, including those sat- Control Regime, the waiver the gen- carrying a satellite built by the Loral Corpora- ellites licensed in February of 1998 as part of tleman from South Carolina mentioned tion crashed on liftoff from a launch facility in the CHINA±SAT±8 program. of the Tiananmen Square sanctions, in- southern China. In the aftermath of that launch This amendment also expresses the sense creases in space launches, a number of failure, the PRC established a review commis- of the Congress that during the Presidential those critical issues are going to be dis- sion to investigate the failure and determine summit meeting to be held in China next cussed. I think it is very important for what went wrong. American technical experts month, the United States should not support this House to lay down its marker from Loral and Hughes electronics participated or enter into any agreements with China which right now and let the administration in this investigation. On May 10th of that year, would further expand cooperation with China. know that we are very concerned on a this commission completed a preliminary re- I am particularly concerned about the Ad- national security basis of what he is port finding that the cause of the accident was ministration's stated intent to support China's doing in this next meeting with Chi- an electrical failure in the electronic flight con- membership in the Missile Technology control nese leaders. trol system. The report discussed very sen- Regime. I think this is an absolutely appro- sitive aspects of the rocket's guidance system China continues to provide missile tech- priate amendment. I hope everybody and flight control system. Copies of this nology and components to both Pakistan and would vote ‘‘yes’’. unredacted report, including much highly sen- Iran. Since 1991 the United States has sanc- Mr. SPENCE. Mr. Chairman, I yield sitive material, was promptly shared with the tioned China twice for violations of U.S. mis- back the balance of my time. Chinese prior to its presentation to U.S. offi- sile proliferation laws. The CHAIRMAN. The question is on cials! I do not comprehend the logic, given Chi- the amendment offered by the gen- In the aftermath, the U.S. Air Force and the na's record, of offering them MTCR member- tleman from South Carolina (Mr. National Air Intelligence Center completed a ship. Perhaps it is for the reasons explicitly SPENCE). damage assessment of the incident, and stated in a National Security Council memo- The question was taken; and the found that U.S. national security had been randum. Regrettably these are precisely the Chairman announced that the ayes ap- harmed. My colleagues will understand that wrong reasons. peared to have it. providing technical information designed to ad- That memorandum, which is dated March Mr. SPENCE. Mr. Chairman, I de- dress problems in Chinese rocket guidance 12, 1998, states that the U.S. should support mand a recorded vote. and flight control systems also addressed the Chinese membership because [quote] this The CHAIRMAN. Pursuant to House same problems in Chinese Intercontinental would provide China with political prestige, the Resolution 441, further proceedings on Ballistic Missiles (ICBMs). There is a real ability to shape future MTCR decisions, sub- the amendment offered by the gen- question as to whether Chinese ICBMs are stantial protection from future U.S. missile tleman from South Carolina (Mr. more accurate and reliable because of the ad- sanctions and would expedite somewhat the SPENCE) will be postponed. vise of American citizens, and ICBMs pose a consideration of U.S. exports to China. [un- It is now in order to consider amend- very real risk to the United States. quote] ment No. 2 printed in part A of House Regrettably, and amazingly, Mr. Speaker, I am concerned that in the mad rush to ob- Report 105–544. some of those Americans who participated in tain better relations with the Chinese, we will AMENDMENT NO. 2 OFFERED BY MR. BEREUTER the Chinese rocket failure investigation argued enter into another deal with china to be deliv- Mr. BEREUTER. Mr. Chairman, I that they were under no obligation to return ered at the June summit, in which we throw offer an amendment made in order by the copies of this highly sensitive report. our non-proliferation principles out the window. the rule. Now, the background on this amend- In order to cut the nuclear deal at last year's The CHAIRMAN. The Clerk will des- ment is that it seeks to prevent the summit, we sacrificed full scope safeguards. ignate the amendment. transfer of sensitive military-related What will we sacrifice for a missile deal? The text of the amendment is as fol- information to China. In 1996, two com- We all know this Administration was too lows: panies, Loral and Hughes, participated eager to offer the Russian membership in the in a launch failure investigation in- Part A amendment No. 2 offered by Mr. BE- MTCR. The Russians have flouted every pre- volving the failed launch from China of REUTER: cept of the MTCR by transferring missile com- At the end of title XII (page 253, after line a U.S. satellite on a Chinese launch ve- ponents and technology to Iran. 3), insert the following new section: hicle. Moreover, let me point out that this amend- SEC. 1206. INVESTIGATIONS OF SATELLITE As a result of that investigation, in- ment calls upon the Administration to ensure LAUNCH FAILURES formation was passed to China that that U.S. laws regarding the export of sat- (a) PARTICIPATION IN INVESTIGATIONS.—In quite apparently could be used to im- ellites to China are enforced and that the the event of the failure of a launch from the prove the guidance accuracy and war- criminal investigation of U.S. companies pro- People’s Republic of China of a satellite of head delivery capability of China’s ceed with all due dispatch. This is a critical United States origin, no United States per- missiles. The information was report- son may participate in any subsequent inves- edly transferred illegally, without a li- consideration which we must not overlook. tigation of the failure. Accordingly, I urge all Members to fully sup- (b) DEFINITION.—As used in this section, cense from the State Department, that port this amendment. the term ‘‘United States person’’ has the is, and the incident is now the subject Mr. Chairman, I yield 1 minute to the meaning given that term in section 16 of the of a Justice Department criminal in- gentleman from California (Mr. Export Administration Act of 1979, and in- vestigation. HUNTER). cludes any officer or employee of the Federal Even asking questions, Mr. Chair- Mr. HUNTER. Mr. Chairman, I thank Government or of any other government. man, of the Chinese during investiga- the gentleman for yielding me this The CHAIRMAN. Pursuant to House tions can transmit technical informa- time, and I rise in strong support of Resolution 441, the gentleman from Ne- tion and assist China in improving its this amendment that is offered by the braska (Mr. BEREUTER) and a Member launch capabilities. Anybody that un- gentleman from South Carolina (Mr. opposed each will control 5 minutes. derstands even a little bit about gain- SPENCE) and the gentleman from New The Chair recognizes the gentleman ing intelligence knows this is a process York (Mr. GILMAN). from Nebraska (Mr. BEREUTER). for gaining intelligence, even though it H3562 CONGRESSIONAL RECORD — HOUSE May 20, 1998 would be the intention, perhaps, and Mr. BUYER. Thirty seconds? So people in America, when they certainly would be the intention, I Well, in 30 seconds, let me just say, were surprised to learn about India’s would imagine, of these firms not to let us do the right thing. detonation and learning about their transfer classified and sensitive infor- I am a Member that is very disturbed nuclear capacities, should not be sur- mation. about the transfers of technology. Just prised, because if the administration is Now, this amendment would make it pause for a moment in this body. We doing such things like this, it will clear that the Congress is opposed to serve a greater cause than corpora- cause reactions. assisting China in the development of tions. Corporations serve the bottom Mr. HUNTER. Mr. Chairman, will the its space launch and missile capabili- line, called profit, and their respon- gentleman yield? ties. Why? Because Chinese missiles sibility is to their stockholders. Our re- Mr. BUYER. I yield to the gentleman are targeted at U.S. cities and, obvi- sponsibility is, in fact, to the taxpayers from California. ously, we do not want to make them and the citizens of this country under Mr. HUNTER. Mr. Chairman, I thank more accurate and jeopardize Amer- the umbrella of national security. the gentleman for yielding. And I ap- ican lives. So for the White House to sell out for preciate everything he has said, and I I can tell my colleagues that as un- other reasons, to corporations for prof- think it goes right to the heart of the fortunate as the Indian nuclear explo- it, by pressure, we serve a greater Bereuter amendment, which prohibits sions are, that is a related incident, be- cause here and there better be a deep the U.S. participation in what we call cause if Chinese missiles are more ac- appreciation of this. curate, it creates instability not only these post-launch failure investiga- The CHAIRMAN. The time of the tions or debriefings involving the in Asia but certainly in South Asian gentleman from Nebraska (Mr. BEREU- countries like India. This amendment launch of a satellite from China. TER) has expired. The problem is that the Long March would help prevent the transfer of mili- Mr. BUYER. Mr. Chairman, I ask tarily sensitive U.S. technology to rockets, which are used in their strate- unanimous consent that I be allowed to gic systems that are nuclear tipped, China that could be used to improve claim the opposition’s time. that missile capability. some of which are aimed at U.S. cities, The CHAIRMAN. Is there objection are the same rockets that we launch The amendment would relieve Amer- to the request of the gentleman from ican industry from the burden of deter- these satellite payloads on. And the Indiana? mining what information can and can- way that Loral and Hughes got into There was no objection. not be transmitted to China by pre- trouble here was after a launch went The CHAIRMAN. The gentleman venting U.S. participation in launch down and they lost a $200 million pack- from Indiana (Mr. BUYER) may control failure investigations. age, they realized it was in their eco- The amendment would also discour- the time otherwise reserved for the op- nomic self-interest to show the Chinese age U.S. satellite companies from seek- position. how the missile worked. Once again, it ing to launch satellites on Chinese Mr. BUYER. Mr. Chairman, I yield was like the guy laying under the guil- launch vehicles. That is not the pri- myself such time as I may consume. lotine saying, ‘‘I think I see your prob- mary intent, but that is likely to be What was very concerning to me was lem,’’ when the guillotine sticks. to learn that in 1996 Loral and Hughes the result. If those launch vehicles are So by banning these post-launching had exported commercial satellites to likely to be a failure or prone to fail- debriefings after a failure, which is ex- China to launch the Chinese missile ure, that would encourage alternative, actly what the very wise gentleman and then, in fact, it had exploded. more commercially viable launch op- from Nebraska (Mr. BEREUTER) does A Loral subsidiary provided techni- tions, including commercial American here, we take away the temptation cians and a report on improving the re- launch services. from American companies to not only liability of the Long March Rocket The amendment, therefore, Mr. show them how they messed up on this without first consulting U.S. officials. Chairman, would send what should be a particular launch, but to give them a And then to learn that the Chinese very obvious and certainly important little more liability for future military officer, in fact, had funneled signal prior to President Clinton’s up- launches, because they know the profit $100,000 to the Clinton campaign, alleg- coming summit trip to China that the margin of their stockholders are in edly through Johnny Chung. United States should not agree to part riding on the reliability of these We also have Mr. Schwartz, the measures that would help China im- Chinese missiles, which also carry nu- chairman of Loral Space Communica- prove its space launch or missile clear warheads, which are sometimes tions, who was the leading soft money launch capabilities. The guidance sys- aimed at U.S. cities. donor for the Democrat Party in 1996 in tems on these missiles are all-impor- So we have got this conflict between the amount of $366,000. Subsequently, tant in determining how vulnerable our commercial interests and national se- there was a Justice Department inves- population really is, and so it is in our curity interests, and the Bereuter tigation. best interest not to have this tech- amendment is right on point. nology flowing to China or, for that And then in February of 1998 the Jus- tice Department criminal inquiry was Mr. BUYER. Mr. Chairman, reclaim- matter, to any other country. ing my time, this is not solely about Mr. SKELTON. Mr. Chairman, will dealt a very serious blow when Presi- dent Clinton quietly approved the ex- rockets that may reach U.S. cities. We the gentleman yield? also have allies in the Pacific Rim for Mr. BEREUTER. I yield to the gen- port to China of similar guidance tech- which we have responsibilities within tleman from Missouri, the distin- nology by Loral. Basically, what that that security of the world. And to guished ranking Democrat member of did was then defunct the Justice De- think that China, when they had the Armed Services Committee, now partment investigation. threatened Taiwan and the more we so- called the Committee on National Se- b 1345 phisticate their weaponry to inflict curity. Mr. SKELTON. Mr. Chairman, I There are so many allegations that harm upon our own allies, how can we thank my friend from Nebraska for are happening in this town with regard in fact count on them if we cannot yielding to me. to the administration and what is stand with them in moments like this? I take this opportunity, however, to going on, I cannot even keep up with Mr. HUNTER. If the gentleman point out that in our research the them. But what I can say when it would continue to yield, he is abso- amendment, in part, simply repeats comes to matters of national security, lutely right. We are going to be seeing well-established legal requirements, the proliferation issues, the transfers a requirement for greater and greater and we are going to hammer that nail of technology, to think that the United American deterrent force to go to in, I guess, twice today. States would transfer these tech- places like Taiwan as we see the strate- Mr. BEREUTER. Mr. Chairman, I nologies by redefining what a satellite gic missile capability of the Com- thank the gentleman for his comments. is, is no longer under the munitions munist Chinese increase. He is right on Mr. Chairman, I yield 30 seconds to definition, somehow being slick in get- point. the gentleman from Indiana (Mr. ting around definitions, believe me, The CHAIRMAN. All time has ex- BUYER), and I apologize it is not more. other countries out there react to it. pired. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3563 The question is on the amendment would improve the accuracy and capa- we are also part of NATO, which is a offered by the gentleman from Ne- bility of Chinese ballistic missile major military alliance as well. braska (Mr. BEREUTER). forces. Some may say trade involving The bottom line for me is to say that The question was taken; and the space launch vehicles and satellite now that the Cold War is over, is it ap- Chairman announced that the ayes ap- technology used for commercial pur- propriate to continue spending so much peared to have it. poses should not be impeded. But the money on the military when there are Mr. BEREUTER. Mr. Chairman, I de- commercial and military technology in so many other needs in this country? Is mand a recorded vote. this case are virtually identical, and it it appropriate to continue to build The CHAIRMAN. Pursuant to House is a risk we simply cannot take. weapons systems that we do not need Resolution 441, further proceedings on If we launch a rocket which has the when this country continues to have by the amendment offered by the gen- capability of launching more than one far the highest rate of childhood pov- tleman from Nebraska (Mr. BEREUTER) satellite, then we have the same tech- erty in the industrialized world? Is it will be postponed. nology that we do for multiple war- appropriate that we are spending It is now in order to consider Amend- heads on an intercontinental ballistic money on the military with the end of ment No. 3 printed in part A of House missile, same technology. the Cold War when our educational sys- Report 105–544. The Chinese had a problem. Their tem is lacking in so many respects, AMENDMENT NO. 3 OFFERED BY MR. HEFLEY rockets tended to blow up and they when the weakest and most vulnerable Mr. HEFLEY. Mr. Chairman, I offer tended not to get to where they were people in this country are hurting and an amendment. supposed to go. So we stepped in and not getting the governmental support The CHAIRMAN. The Clerk will des- we said, let us help you. Let us fix that. that they need? ignate the amendment. I think if every Member of this body So I want to just thank the gen- The text of the amendment is as fol- were to ask their constituents back tleman from Missouri (Mr. SKELTON) lows: home if the current policy makes for yielding me this brief time to sug- Part A amendment No. 3 offered by Mr. sense, they would hear a resounding gest that I will be voting against the HEFLEY: ‘‘no.’’ entire bill. Because I think it does not, At the end of title XII (page 253, after line This is a clear vote to make it harder now that the Cold War is over, indicate 3), insert the following new section: for potential adversaries to threaten a rationale and sensible set of prior- SEC. 1206. PROHIBITION ON EXPORTS OF MISSILE the American people, and I urge all ities for this country. EQUIPMENT AND TECHNOLOGY TO Mr. HEFLEY. Mr. Chairman, I yield CHINA. Members to support this amendment. Mr. SKELTON. Mr. Chairman, I yield such time as he may consume to the No missile equipment or technology (as de- gentleman from New Jersey (Mr. fined in section 74 of the Arms Export Con- myself such time as I may consume. trol Act (22 U.S.C. 2797c)) may be exported to I would appreciate if the gentleman PAPPAS). (Mr. PAPPAS asked and was given the People’s Republic of China. would tell me what this does that is permission to revise and extend his re- not already applicable under the exist- The CHAIRMAN. Pursuant to House marks.) Resolution 441, the gentleman from ing law. Mr. PAPPAS. Mr. Chairman, I stand Mr. HEFLEY. Mr. Chairman, will the Colorado (Mr. HEFLEY) and a Member in strong support of these amendments. opposed each will control 5 minutes. gentleman yield? Mr. Chairman, I serve on the National Secu- The Chair recognizes the gentleman Mr. SKELTON. I yield to the gen- rity Committee. I see where we are trying to from Colorado (Mr. HEFLEY). tleman from Colorado. keep many fires burning in all corners of the Mr. HEFLEY. Mr. Chairman, what Mr. SKELTON. Mr. Chairman, may I world. America is sending troops to Bosnia, at this point, since no Member has this does is it removes the waiver sys- sending carriers to places like the Persian risen in opposition, ask unanimous tem under which what happened did Gulf, trying to prepare a missile defense sys- consent to be permitted to control the happen so no missile-related tech- tem, modernize equipment, invent future tech- time normally allotted to the opposi- nology could be transferred to the Chi- nologies while cutting troops, stopping re- tion? nese. search, and extending the life of old systems. The CHAIRMAN. Is there objection Mr. SKELTON. Mr. Chairman, I yield Now we have to add a new need to the mix. to the request of the gentleman from 3 minutes to the gentleman from Ver- And it is an urgent need. Communist China. Missouri? mont (Mr. SANDERS). Missiles aimed at America. How do we as a There was no objection. Mr. SANDERS. Mr. Chairman, I Congress respond? The CHAIRMAN. The gentleman thank the gentleman for yielding. Well, I think what we must do is to protect from Missouri may control time other- The main point that I want to make America first. Congress must provide for the wise reserved for opposition. really has less to do with this amend- national defense of our country. Business in- Mr. HEFLEY. Mr. Chairman, I yield ment than my concern about the bill in terests, as much as I support them in many myself such time as I may consume. general. As Members of Congress, all of areas, must be second to the protection of Mr. Chairman, this is actually the us want to do all kinds of things. One U.S. national security interests. We must stop Hefley-Ryun amendment, and I would can make an argument that the mili- the flow of sensitive technology that makes like to speak just a few minutes on it. tary today needs $270 billion. But I the Chinese Army and Navy stronger. Mr. Chairman, it is a very simple think, given the growing gap between I am concerned about the politics involved amendment that would address what I the rich and the poor in America, given but that can not be used by any party to dis- think is a fatal flaw in the Administra- the fact that millions of senior citizens tract from defending our country or as an ex- tion’s current policy on China. That in this country are unable to afford cuse to point fingers and not do anything. This amendment deals with not all the their prescription drugs, given the fact is our chance to plug these loopholes now! other things that have been talked that there is an enormous crisis in Partisanship can wait for another day. about here today, this deals strictly child care in this country, given the We have seen the results of failure to stop and thoroughly with national security. fact that there has been a growth in re- the spread of this missile technology. India The amendment would simply pro- cent years of people using emergency has recently tested nuclear devices. One of hibit the export or reexport of United food shelters, people sleeping out on the reported main reasons for this test has States missile technology or equip- the streets, I think the time is now to been India's fear of China's ability to use nu- ment to the People’s Republic of China. get our priorities right. clear technology against them. Rightly or One would think common sense tells us I believe that this country needs a wrongly, India perceives the advances in Chi- that we should not send any of our de- strong military, but I think that there nese technology, with U.S. help as a threat. fense-related technology or equipment are other needs out there that are not Now the world is facing a possible renewed to the only remaining communist being adequately addressed as we put nuclear arms race. Perhaps this could have country in the world that maintains a $270-some-odd billion into the military, been avoided if our country had the foresight nuclear capability. more than is needed by the intelligence to stop this. In 1996, the Clinton administration agencies. And we should also recognize As such, I would urge this Congress to sup- reportedly permitted the two U.S. that not only are we putting substan- port the four amendments dealing with Chi- firms to transfer technology which tial sums of money into our military, nese technology today. We must empower H3564 CONGRESSIONAL RECORD — HOUSE May 20, 1998 this Congress and our Defense Department to sued. It is irresponsible to advance the Mr. HEFLEY. Mr. Chairman, I de- make national security decisions, not business military capabilities of a communist mand a recorded vote. people solely concerned with the bottom line. country, even more so as the U.S. lacks The CHAIRMAN. Pursuant to House I also would draw this Congress' attention to missile defense programs that are nec- Resolution 441, further proceedings on an amendment that was offered by Mr. essary to combat these. the amendment offered by the gen- SAXTON that was not ruled in order that would It is unfortunate that we need to tleman from Colorado (Mr. HEFLEY) close the loophole to China known as Hong offer this amendment today. The issue will be postponed. Kong. Last time I checked, Hong Kong was is clear. The United States should not The CHAIRMAN. It is now in order to now under Communist Chinese Control and provide missile technology to com- consider amendment No. 4 printed in the previous government has been replaced munist countries. And it is my hope part A of House Report 104–544. by PLA representation. However, we can send that colleagues on the opposite side of AMENDMENT NO. 4 OFFERED BY MR. HUNTER sensitive military technology to Hong Kong but the aisle will join us in supporting the Mr. HUNTER. Mr. Chairman, I offer not China. Although this amendment was not Hefley-Ryun amendment. an amendment. ruled in order, I hope this Congress will con- Mr. HEFLEY. Mr. Chairman, may I The CHAIRMAN. The Clerk will des- tinue to pay attention to this loophole that will inquire how much time is remaining? ignate the amendment. probably be the conduit to more threats The CHAIRMAN. The gentleman The text of the amendment is as fol- against U.S. interests. from Colorado (Mr. HEFLEY) has 30 sec- lows: I would ask that this Congress support onds remaining. The gentleman from Part A, amendment No. 4 offered by Mr. these four amendments. Each should send a Missouri (Mr. SKELTON) has 2 minutes HUNTER: bipartisan measure that this Congress does remaining. At the end of title XII (page 253, after line not want to arm potential adversaries with Mr. SKELTON. Mr. Chairman, I yield 3), insert the following new section: weapon systems for nuclear capabilities. 30 seconds to the gentleman from Indi- SEC. 1206. PROHIBITION ON EXPORTS AND REEX- Mr. HEFLEY. Mr. Chairman, I yield PORTS OF SATELLITES TO CHINA. ana (Mr. BUYER). (a) IN GENERAL.—No satellites of United such time as he may consume to the b 1400 States origin (including commercial sat- gentleman from Kansas (Mr. RYUN), ellites and satellite components) may be ex- the cosponsor of this amendment. Mr. BUYER. Mr. Chairman, I thank ported or reexported to the People’s Republic (Mr. RYUN asked and was given per- my friend for yielding to me. I just of China. mission to revise and extend his re- wanted to do a reminder to my col- (b) PROHIBITION WITH RESPECT TO INFORMA- marks.) leagues. TION, EQUIPMENT, AND TECHNOLOGY.—No in- Mr. RYUN. Mr. Chairman, one thing If you recall, it was several years ago formation, equipment, or technology that that has been truly a pleasure in serv- we had a debate in the Committee on could be used in the acquisition, design, de- National Security, and that was who velopment (including codevelopment), or ing our national security is that when production (including coproduction) of any we come to an issue such as this that is should make these decisions on the satellite or launch vehicle may be exported really a national security issue for this transfers of these type of technologies. or reexported to the People’s Republic of country, I have seen this committee At the time, the administration want- China. come together in such a way that they ed the Committee on Commerce to do (c) APPLICABILITY.—Subsections (a) and (b) worked on policy and not on politics. that and to take the Pentagon out of apply to any satellite, information, equip- So I hope today that it will be unani- that question. We made the decision in ment, or technology that as of the date of a very bipartisan manner in the Com- the enactment of this Act has not been ex- mous and strong support for this ported or reexported to the People’s Republic amendment, the Hefley-Ryun amend- mittee on National Security, that we of China, whether or not an export license ment, because I do believe there is a felt matters such as this are so impor- for such export or reexport has been ap- threat with communist nuclear mis- tant to our Nation that the Pentagon proved as of such date. siles. needs to be in the loop. The CHAIRMAN. Pursuant to House In 1996, after the failed launch of the When we force the Pentagon into the Resolution 441, the gentleman from Chinese Long March missile, engineers loop and when the Pentagon raises ob- California (Mr. HUNTER) and a Member from the United States aerospace firms jections, they then get squashed, that opposed each will control 5 minutes. went to China to lend their expertise to is not a good thing. Mr. SKELTON. Mr. Chairman, since Great Wall Industries, the manufac- I support the Hefley amendment to no Member has risen in opposition, I turer of these particular missiles. remove the waiver authority by the ask unanimous consent that I be per- A 1997 classified Department of De- President. mitted to control the time. fense report concluded that at least Mr. SKELTON. Mr. Chairman, I yield The CHAIRMAN. Is there objection one U.S. company gave sensitive mis- back the balance of my time. to the request of the gentleman from sile guidance technology to the Chi- Mr. HEFLEY. Mr. Chairman, I yield Missouri? nese. The DOD report then concluded 30 seconds to the gentleman from Cali- There was no objection. that that transfer damaged our na- fornia (Mr. HUNTER). The CHAIRMAN. The Chair recog- tional security. So that is why this is Mr. HUNTER. Mr. Chairman, I just nizes the gentleman from California beyond politics and it is really into want to strongly endorse the Hefley (Mr. HUNTER). policy. amendment. This chart shows all of the Mr. HUNTER. Mr. Chairman, I yield Next month, President Clinton will aspects of missile technology that are myself such time as I may consume. visit Beijing. He is expected to an- manifest in a commercial satellite pro- Mr. Chairman, we have spoken about nounce a new space cooperation agree- gram. They include payload disbursal this amendment for some time now ment and possibly discuss lifting sanc- technology, kick motor technology, ra- during this debate. I think most of the tions on the transfer of further mili- diation hardened electronics, folks that are listening to the debate tary technology. As long as China re- encryption devices, launcher attitude understand the problem. The problem mains a communist country and trans- control. is that there is an inextricable link be- fers technology to regimes such as Iran So there are a lot of aspects of tech- tween the satellite technology that we and Pakistan are possible through nology beyond the mere delivering of a have been transferring to China pursu- China, the United States should not package that can assist the Chinese ant to our satellite launch partnership share its commercial space technology rocket program. So the amendment of with them and their nuclear missile ca- that could be used against us for mili- the gentleman from Colorado (Mr. pability. tary purposes. HEFLEY) is right on target; I would rec- While we are trying to sort this prob- China has 13 long-range missiles ommend its approval. lem out, Mr. Chairman, it makes sense aimed at the United States. The CIA The CHAIRMAN. The question is on for us to stop the train, to put on the just confirmed this a couple weeks ago. the amendment offered by the gen- brakes and say we are not going to It also considers the United States its tleman from Colorado (Mr. HEFLEY). make any transfers, no export or reex- number one security threat. No agree- The question was taken; and the port of U.S. satellites, including com- ment increasing technology transfers Chairman announced that the ayes ap- mercial satellites and satellite compo- to Communist China should be pur- peared to have it. nents, to the People’s Republic of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3565 China. That is what this amendment came up several years ago in the Com- Mr. Chairman, I think this is a pru- does. mittee on National Security with re- dent thing for the House to put on the Mr. Chairman, in this crash we saw gard to the jurisdiction question on brakes at this point and to hold up all another problem that we had not commodity. transfers until we sort out how much thought about, and that is that we As I understand, on commodity juris- damage has been done, and damage has have these packages which, in theory, diction, the transfer from the State De- been done, according to the Depart- are protected against Chinese sci- partment with regard to satellites that ment of Defense. entists and engineers being able to ex- used to be classified under the muni- The CHAIRMAN. The question is on amine the contents even while they are tions has now been transferred to the the amendment offered by the gen- in China. I listened to the President of Commerce Department, who would tleman from California (Mr. HUNTER). Hughes Electronics tell me very pas- look at the satellite and say this is The question was taken; and the sionately how these packages are really dual-use technology. Am I un- Chairman announced that the ayes ap- guarded and nobody is allowed to come derstanding that correctly? peared to have it. close to them, so the engineers in this Mr. HUNTER. Mr. Chairman, if the Mr. HUNTER. Mr. Chairman, I de- Communist country will have no ideas gentleman will yield to me, that is mand a recorded vote. what is inside the packages. right. Oversight or the primary review The CHAIRMAN. Pursuant to House The problem is, if you have an abort- of the satellite transfers has now been Resolution 441, further proceedings on ed launch like the one that we had or taken away from the Department of the amendment offered by the gen- a disastrous launch where the Chinese Defense, who look at it from a national tleman from California (Mr. HUNTER) missile with the satellite package atop security standpoint, and given to the will be postponed. it goes down in China, and the damage Department of Commerce, which argu- ably does not have the experts to un- SEQUENTIAL VOTES POSTPONED IN THE is then recovered and analyzed by the COMMITTEE OF THE WHOLE derstand exactly what is being trans- People’s Liberation Army of China, The CHAIRMAN. Pursuant to House ferred, and does not have probably the they then have access to all of the con- Resolution 441, proceedings will now political will that the Department of tents of that satellite package. resume on those amendments on which Defense has to keep critical militarily Let me just say, Mr. Chairman, with- further proceedings were postponed in strategic components from going to the out having the most recent briefings, the following order: Amendment No. A– which the administration I think has hands of our potential adversaries. The Defense Department is tougher on 1 offered by the gentleman from South been somewhat reluctant to give, on Carolina (Mr. SPENCE); amendment No. exactly what transpired after the these transfers. Mr. BUYER. But the sensitivity A–2 offered by the gentleman from Ne- crash, I am concerned and I am worried about the duality of the purposes, say- braska (Mr. BEREUTER); amendment that some things were recovered by the ing that this is a rocket system that No. A–3 offered by the gentleman from People’s Liberation Army that should could only launch a satellite, in es- Colorado (Mr. HEFLEY); and amend- not have been recovered. sence is the same rocket system that it ment No. A–4 offered by the gentleman So this amendment bans the export would take to send a nuclear warhead from California (Mr. HUNTER). and reexport of U.S. satellites, includ- anywhere in the world. The Chair will reduce to 5 minutes ing commercial satellites and satellite Mr. HUNTER. The gentleman is ex- the time for any electronic vote after components into the People’s Republic actly right. In fact, it is exactly the the first vote in this series. of China. I think it is a timely amend- same missile. The Chinese use the AMENDMENT NO. A–1 OFFERED BY MR. SPENCE ment. same missile both for the satellite The CHAIRMAN. The pending busi- Mr. Chairman, I reserve the balance launch and for the nuclear weapons ness is the demand for a recorded vote of my time. launch. That is why it is so critical to on the amendment offered by the gen- Mr. SKELTON. Mr. Chairman, I yield really examine these packages. tleman from South Carolina (Mr. myself such time as I may consume. Mr. BUYER. So earlier when the SPENCE) on which further proceedings Mr. Chairman, I wish to point out House adopted an amendment that said that we are hammering the nail in that were postponed and on which the ayes no to the President on waivers of muni- prevailed by voice vote. is already been flush to the board. Nev- tions, this amendment is saying no to ertheless, let me point this out: No The Clerk will redesignate the the waivers on the commodities? amendment. controlled information relevant to bal- Mr. HUNTER. That is right. This listic missiles or warhead delivery The Clerk redesignated the amend- thing bans the export and reexport. ment. technology has been authorized to be Mr. BUYER. Mr. Chairman, I support RECORDED VOTE made available to Chinese authorities the amendment. in connection with past space launches The CHAIRMAN. The gentleman The CHAIRMAN. A recorded vote has of commercial satellites. from California (Mr. HUNTER) has 1 been demanded. The existing procedures, including minute remaining. A recorded vote was ordered. the technical safeguards agreement ne- Mr. HUNTER. Mr. Chairman, I yield The vote was taken by electronic de- gotiated under the Bush administra- myself such time as I may consume. vice, and there were—ayes 417, noes 4, tion, that is the previous Republican Mr. Chairman, let me just make this not voting 11, as follows: administration, signed in February clear. This bans the export and reex- [Roll No. 167] 1993, explicitly prohibit transfer of port of U.S. satellites, including com- AYES—417 technology related to launch vehicles. mercial satellites and satellite compo- Abercrombie Berman Bryant Warhead delivery technology was also nents, to the People’s Republic of Ackerman Berry Bunning prohibited. China. I think it is necessary at this Aderholt Bilbray Burr Allen Bilirakis Burton Mr. Chairman, I yield back the bal- time. Andrews Bishop Buyer ance of my time. My friend the gentleman from Mis- Archer Blagojevich Callahan Mr. HUNTER. Mr. Chairman, how souri pointed out that we have waived Armey Bliley Calvert much time do we have remaining? or we have allowed these transfers in Bachus Blumenauer Camp Baesler Blunt Campbell The CHAIRMAN. The gentleman the past under the Bush administra- Baker Boehlert Canady from California (Mr. HUNTER) has 21⁄2 tion. That is true. I led off my debate Baldacci Boehner Capps minutes remaining. by saying this has gone back a long Ballenger Bonilla Cardin Mr. HUNTER. Mr. Chairman, I yield Barcia Bonior Castle way. Barr Bono Chabot 1 1 ⁄2 minutes to the gentleman from In- I think, in light of the activities that Barrett (NE) Borski Chambliss diana (Mr. BUYER). have taken place in recent years, 1996 Barrett (WI) Boswell Chenoweth Mr. BUYER. Mr. Chairman, I thank through 1998, I personally have a prob- Bartlett Boucher Christensen Barton Boyd Clayton the gentleman for yielding to me. lem in trusting the folks that are mak- Bass Brady Clement Mr. Chairman, I have a question for ing the decision to go or no go on sat- Becerra Brown (CA) Clyburn the author of the amendment. Earlier I ellite transfer, to allow them to have Bentsen Brown (FL) Coble rose and discussed that this question the discretion at this time. Bereuter Brown (OH) Coburn H3566 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Collins Hobson Moakley Smith, Linda Taylor (NC) Watkins Dooley Kildee Peterson (PA) Combest Hoekstra Moran (KS) Snowbarger Thomas Watt (NC) Doolittle Kilpatrick Petri Condit Holden Moran (VA) Snyder Thompson Watts (OK) Doyle Kim Pickering Conyers Hooley Morella Solomon Thornberry Waxman Dreier Kind (WI) Pickett Cook Horn Murtha Souder Thune Weldon (FL) Duncan King (NY) Pitts Cooksey Hostettler Myrick Spence Thurman Weldon (PA) Dunn Kingston Pombo Costello Houghton Nadler Spratt Tiahrt Weller Edwards Kleczka Pomeroy Cox Hoyer Neal Stearns Tierney Weygand Ehlers Klink Porter Coyne Hulshof Nethercutt Stenholm Torres White Ehrlich Klug Portman Cramer Hunter Neumann Stokes Towns Whitfield Emerson Knollenberg Poshard Crane Hutchinson Ney Strickland Traficant Wicker Engel Kolbe Price (NC) Crapo Hyde Northup Stump Turner Wise English Kucinich Pryce (OH) Cubin Inglis Norwood Stupak Upton Wolf Ensign LaFalce Quinn Cummings Istook Nussle Sununu Velazquez Woolsey Eshoo LaHood Radanovich Cunningham Jackson (IL) Oberstar Talent Vento Wynn Etheridge Lampson Rahall Danner Jackson-Lee Obey Tanner Visclosky Yates Evans Lantos Ramstad Davis (FL) (TX) Olver Tauscher Walsh Young (AK) Everett Largent Rangel Davis (IL) Jefferson Ortiz Tauzin Wamp Young (FL) Farr Latham Redmond Davis (VA) Jenkins Owens Taylor (MS) Waters Fattah LaTourette Regula Fawell Lazio Reyes Deal John Oxley NOES—4 DeFazio Johnson (CT) Packard Fazio Leach Riggs DeGette Johnson (WI) Pallone Hamilton McDermott Filner Lee Riley Delahunt Johnson, E. B. Pappas Hastings (FL) Wexler Foley Levin Rivers Forbes Lewis (CA) Rodriguez DeLauro Johnson, Sam Parker NOT VOTING—11 DeLay Jones Pascrell Ford Lewis (GA) Roemer Deutsch Kanjorski Pastor Bateman Ewing Mollohan Fossella Lewis (KY) Rogan Diaz-Balart Kaptur Paul Cannon Gonzalez Stabenow Fowler Linder Rogers Dickey Kasich Paxon Carson Harman Stark Fox Lipinski Rohrabacher Dicks Kelly Payne Clay Meeks (NY) Frank (MA) Livingston Ros-Lehtinen Dingell Kennedy (MA) Pease Franks (NJ) LoBiondo Rothman Dixon Kennedy (RI) Pelosi b 1429 Frelinghuysen Lofgren Roukema Frost Lowey Roybal-Allard Doggett Kennelly Peterson (MN) Furse Lucas Royce Dooley Kildee Peterson (PA) Mr. HASTINGS of Florida and Mr. Gallegly Luther Rush Doolittle Kilpatrick Petri McDERMOTT changed their vote from Ganske Maloney (CT) Ryun Doyle Kim Pickering ‘‘aye’’ to ‘‘no.’’ Gejdenson Maloney (NY) Sabo Dreier Kind (WI) Pickett So the amendment was agreed to. Gekas Manton Salmon Duncan King (NY) Pitts Gephardt Manzullo Sanchez Dunn Kingston Pombo The result of the vote was announced Gibbons Markey Sanders Edwards Kleczka Pomeroy as above recorded. Gilchrest Martinez Sandlin Ehlers Klink Porter AMENDMENT A–2 OFFERED BY MR. BEREUTER Gillmor Mascara Sanford Ehrlich Klug Portman Gilman Matsui Sawyer Knollenberg The CHAIRMAN. The pending busi- Emerson Poshard Goode McCarthy (MO) Saxton Engel Kolbe Price (NC) ness is the demand for a recorded vote Goodlatte McCarthy (NY) Scarborough English Kucinich Pryce (OH) on the amendment offered by the gen- Goodling McCollum Schaefer, Dan Ensign LaFalce Quinn tleman from Nebraska (Mr. BEREUTER) Gordon McCrery Schaffer, Bob Eshoo LaHood Radanovich on which further proceedings were Goss McDade Schumer Etheridge Lampson Rahall Graham McGovern Scott Evans Lantos Ramstad postponed and on which the ayes pre- Granger McHale Sensenbrenner Everett Largent Rangel vailed by voice vote. Green McHugh Serrano Farr Latham Redmond The Clerk will redesignate the Greenwood McInnis Sessions Fattah LaTourette Regula Gutierrez McIntosh Shadegg Fawell Lazio Reyes amendment. Gutknecht McIntyre Shaw Fazio Leach Riggs The Clerk redesignated the amend- Hall (OH) McKeon Shays Filner Lee Riley ment Hall (TX) McKinney Sherman Foley Levin Rivers Hansen McNulty Shimkus Forbes Lewis (CA) Rodriguez RECORDED VOTE Hastert Meehan Shuster Ford Lewis (GA) Roemer The CHAIRMAN. A recorded vote has Hastings (WA) Meek (FL) Sisisky Fossella Lewis (KY) Rogan been demanded. Hayworth Menendez Skaggs Fowler Linder Rogers Hefley Metcalf Skeen Fox Lipinski Rohrabacher A recorded vote was ordered. Hefner Mica Skelton Frank (MA) Livingston Ros-Lehtinen The vote was taken by electronic de- Herger Millender- Slaughter Franks (NJ) LoBiondo Rothman vice, and there were—ayes 414, noes 7, Hill McDonald Smith (MI) Frelinghuysen Lofgren Roukema not voting 11, as follows: Hilleary Miller (CA) Smith (NJ) Frost Lowey Roybal-Allard Hilliard Miller (FL) Smith (OR) Furse Lucas Royce [Roll No. 168] Hinchey Minge Smith (TX) Gallegly Luther Rush AYES—414 Hinojosa Mink Smith, Adam Ganske Maloney (CT) Ryun Hobson Moakley Smith, Linda Gejdenson Maloney (NY) Sabo Abercrombie Boehner Coble Hoekstra Mollohan Snowbarger Gekas Manton Salmon Ackerman Bonilla Coburn Holden Moran (KS) Snyder Gephardt Manzullo Sanchez Aderholt Bonior Collins Hooley Moran (VA) Solomon Gibbons Markey Sanders Allen Bono Combest Horn Morella Souder Gilchrest Martinez Sandlin Andrews Borski Condit Hostettler Murtha Spence Gillmor Mascara Sanford Archer Boswell Conyers Houghton Myrick Spratt Gilman Matsui Sawyer Armey Boucher Cook Hoyer Nadler Stark Goode McCarthy (MO) Saxton Bachus Boyd Cooksey Hulshof Neal Stearns Goodlatte McCarthy (NY) Scarborough Baesler Brady Costello Hunter Nethercutt Stenholm Goodling McCollum Schaefer, Dan Baker Brown (CA) Coyne Hutchinson Neumann Stokes Gordon McCrery Schaffer, Bob Baldacci Brown (FL) Cramer Hyde Ney Strickland Goss McDade Schumer Ballenger Brown (OH) Crane Inglis Northup Stump Graham McGovern Scott Barcia Bryant Crapo Istook Nussle Stupak Granger McHale Sensenbrenner Barr Bunning Cubin Jackson (IL) Oberstar Sununu Green McHugh Serrano Barrett (NE) Burr Cummings Jackson-Lee Obey Talent Greenwood McInnis Sessions Barrett (WI) Burton Cunningham (TX) Olver Tanner Gutierrez McIntosh Shadegg Bartlett Buyer Danner Jefferson Ortiz Tauscher Gutknecht McIntyre Shaw Barton Callahan Davis (FL) Jenkins Owens Tauzin Hall (OH) McKeon Shays Bass Calvert Davis (IL) John Oxley Taylor (MS) Hall (TX) McKinney Sherman Becerra Camp Davis (VA) Johnson (CT) Packard Taylor (NC) Hansen McNulty Shimkus Bentsen Canady Deal Johnson (WI) Pallone Thomas Hastert Meehan Shuster Bereuter Cannon DeFazio Johnson, E. B. Pappas Thompson Hastings (WA) Meek (FL) Sisisky Berman Capps DeGette Johnson, Sam Parker Thornberry Hayworth Menendez Skaggs Berry Cardin Delahunt Jones Pascrell Thune Hefley Metcalf Skeen Bilbray Castle DeLauro Kanjorski Pastor Thurman Hefner Mica Skelton Bilirakis Chabot DeLay Kaptur Paul Tiahrt Herger Millender- Slaughter Bishop Chambliss Deutsch Kasich Paxon Tierney Hill McDonald Smith (MI) Blagojevich Chenoweth Dickey Kelly Payne Torres Hilleary Miller (CA) Smith (NJ) Bliley Christensen Dicks Kennedy (MA) Pease Towns Hilliard Miller (FL) Smith (OR) Blumenauer Clayton Dingell Kennedy (RI) Pelosi Traficant Hinchey Minge Smith (TX) Blunt Clement Dixon Kennelly Peterson (MN) Turner Hinojosa Mink Smith, Adam Boehlert Clyburn Doggett May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3567 Upton Watts (OK) Wicker Evans Latham Regula Wolf Wynn Young (AK) Velazquez Waxman Wise Everett LaTourette Reyes Woolsey Yates Young (FL) Vento Weldon (FL) Wolf Farr Lazio Riggs Visclosky Weldon (PA) Woolsey Fattah Leach Riley NOES—6 Walsh Weller Wynn Fazio Lee Rivers Campbell Hastings (FL) Moran (VA) Wamp Weygand Young (AK) Filner Levin Rodriguez Hamilton McDermott Wexler Waters White Young (FL) Foley Lewis (CA) Roemer Watkins Whitfield Forbes Lewis (GA) Rogan NOT VOTING—14 Ford Lewis (KY) Rogers NOES—7 Bateman Ewing McIntosh Fossella Linder Rohrabacher Brady Fawell Meeks (NY) Campbell McDermott Yates Fowler Lipinski Ros-Lehtinen Carson Gonzalez Stabenow Hamilton Watt (NC) Fox Livingston Rothman Clay Harman Weldon (FL) Hastings (FL) Wexler Frank (MA) LoBiondo Roukema Cox Hill Franks (NJ) Lofgren Roybal-Allard NOT VOTING—11 Frelinghuysen Lowey Royce b 1448 Bateman Diaz-Balart Meeks (NY) Frost Lucas Rush Carson Ewing Norwood Furse Luther Ryun So the amendment was agreed to. Clay Gonzalez Stabenow Gallegly Maloney (CT) Sabo The result of the vote was announced Cox Harman Ganske Maloney (NY) Salmon as above recorded. Gejdenson Manton Sanchez Gekas Manzullo Sanders PERSONAL EXPLANATION b 1439 Gephardt Markey Sandlin Mr. WELDON of Florida. Mr. Chairman, on So the amendment was agreed to. Gibbons Martinez Sanford rollcall No. 169, I was inadvertently detained. Gilchrest Mascara Sawyer The result of the vote was announced Gillmor Matsui Saxton Had I been present, I would have voted ``yes.'' as above recorded. Gilman McCarthy (MO) Scarborough AMENDMENT A–4 OFFERED BY MR. HUNTER Goode McCarthy (NY) Schaefer, Dan PERSONAL EXPLANATION The CHAIRMAN. The pending busi- Goodlatte McCollum Schaffer, Bob Mr. DIAZ-BALART. Mr. Chairman, on rollcall Goodling McCrery Schumer ness is the demand for a recorded vote No. 168, I was inadvertently detained. Had I Gordon McDade Scott on the amendment offered by the gen- been present, I would have voted ``yes.'' Goss McGovern Sensenbrenner tleman from California (Mr. Hunter) on Graham McHale Serrano AMENDMENT A–3 OFFERED BY MR. HEFLEY Granger McHugh Sessions which further proceedings were post- The CHAIRMAN. The pending busi- Green McInnis Shadegg poned and on which the ayes prevailed ness is the demand for a recorded vote Greenwood McIntyre Shaw by voice vote. Gutierrez McKeon Shays The Clerk will redesignate the on the amendment offered by the gen- Gutknecht McKinney Sherman tleman from Colorado (Mr. HEFLEY) on Hall (OH) McNulty Shimkus amendment. which further proceedings were post- Hall (TX) Meehan Shuster The Clerk redesignated the amend- Hansen Meek (FL) Sisisky ment. poned and on which the ayes prevailed Hastert Menendez Skaggs RECORDED VOTE by voice vote. Hastings (WA) Metcalf Skeen The Clerk will redesignate the Hayworth Mica Skelton The CHAIRMAN. A recorded vote has amendment. Hefley Millender- Slaughter been demanded. Hefner McDonald Smith (MI) A recorded vote was ordered. The Clerk redesignated the amend- Herger Miller (CA) Smith (NJ) ment. Hilleary Miller (FL) Smith (OR) The CHAIRMAN. This will be a five- RECORDED VOTE Hilliard Minge Smith (TX) minute vote. Hinchey Mink Smith, Adam The vote was taken by electronic de- The CHAIRMAN. A recorded vote has Hinojosa Moakley Smith, Linda been demanded. Hobson Mollohan Snowbarger vice, and there were—ayes 364, noes 54, A recorded vote was ordered. Hoekstra Moran (KS) Snyder not voting 14, as follows: Holden Morella Solomon [Roll No. 170] The CHAIRMAN. This will be a 5- Hooley Murtha Souder minute vote. Horn Myrick Spence AYES—364 The vote was taken by electronic de- Hostettler Nadler Spratt Abercrombie Calvert Doyle vice, and there were—ayes 412, noes 6, Houghton Neal Stark Aderholt Camp Duncan Hoyer Nethercutt Stearns Andrews Canady Dunn not voting 14, as follows: Hulshof Neumann Stenholm Archer Cannon Edwards [Roll No. 169] Hunter Ney Stokes Armey Capps Ehrlich Hutchinson Northup Strickland AYES—412 Bachus Cardin Emerson Hyde Norwood Stump Baesler Castle Engel Abercrombie Boswell Crane Inglis Nussle Stupak Baker Chabot English Ackerman Boucher Crapo Istook Oberstar Sununu Baldacci Chambliss Ensign Aderholt Boyd Cubin Jackson (IL) Obey Talent Ballenger Chenoweth Etheridge Allen Brown (CA) Cummings Jackson-Lee Olver Tanner Barcia Christensen Evans Andrews Brown (FL) Cunningham (TX) Ortiz Tauscher Barr Clement Everett Archer Brown (OH) Danner Jefferson Owens Tauzin Barrett (NE) Clyburn Fawell Armey Bryant Davis (FL) Jenkins Oxley Taylor (MS) Bartlett Coble Filner Bachus Bunning Davis (IL) John Packard Taylor (NC) Barton Coburn Foley Baesler Burr Davis (VA) Johnson (CT) Pallone Thomas Bentsen Collins Forbes Baker Burton Deal Johnson (WI) Pappas Thompson Bereuter Combest Ford Baldacci Buyer DeFazio Johnson, E. B. Parker Thornberry Berman Condit Fossella Ballenger Callahan DeGette Johnson, Sam Pascrell Thune Bilbray Cook Fowler Barcia Calvert Delahunt Jones Pastor Thurman Bilirakis Cooksey Fox Barr Camp DeLauro Kanjorski Paul Tiahrt Bishop Costello Frank (MA) Barrett (NE) Canady DeLay Kaptur Paxon Tierney Blagojevich Coyne Franks (NJ) Barrett (WI) Cannon Deutsch Kasich Payne Torres Bliley Cramer Frelinghuysen Bartlett Capps Diaz-Balart Kelly Pease Towns Blumenauer Crapo Frost Barton Cardin Dickey Kennedy (MA) Pelosi Traficant Blunt Cubin Gallegly Bass Castle Dicks Kennedy (RI) Peterson (MN) Turner Boehlert Cummings Ganske Becerra Chabot Dingell Kennelly Peterson (PA) Upton Boehner Cunningham Gejdenson Bentsen Chambliss Dixon Kildee Petri Velazquez Bonilla Danner Gekas Bereuter Chenoweth Doggett Kilpatrick Pickering Vento Bonior Davis (FL) Gephardt Berman Christensen Dooley Kim Pickett Visclosky Bono Davis (IL) Gibbons Berry Clayton Doolittle Kind (WI) Pitts Walsh Borski Davis (VA) Gilchrest Bilbray Clement Doyle King (NY) Pombo Wamp Boswell Deal Gillmor Bilirakis Clyburn Dreier Kingston Pomeroy Waters Boucher DeFazio Gilman Bishop Coble Duncan Kleczka Porter Watkins Boyd DeGette Goode Blagojevich Coburn Dunn Klink Portman Watt (NC) Brady Delahunt Goodlatte Bliley Collins Edwards Klug Poshard Watts (OK) Brown (FL) DeLauro Goodling Blumenauer Combest Ehlers Knollenberg Price (NC) Waxman Brown (OH) DeLay Gordon Blunt Condit Ehrlich Kolbe Pryce (OH) Weldon (PA) Bryant Deutsch Goss Boehlert Conyers Emerson Kucinich Quinn Weller Bunning Diaz-Balart Graham Boehner Cook Engel LaFalce Radanovich Weygand Burr Dickey Granger Bonilla Cooksey English LaHood Rahall White Burton Dingell Green Bonior Costello Ensign Lampson Ramstad Whitfield Buyer Doggett Greenwood Bono Coyne Eshoo Lantos Rangel Wicker Callahan Doolittle Gutierrez Borski Cramer Etheridge Largent Redmond Wise H3568 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Gutknecht McCollum Roukema NOT VOTING—14 and foremost about protecting women’s Hall (OH) McCrery Royce Bass Ewing Owens health. Local facilities and foreign na- Hall (TX) McDade Rush Bateman Gonzalez Souder Hansen McGovern Ryun tions are often not equipped to perform Carson Harman Spratt Hastert McHale Sanders abortions safely and medical safety and Clay Kasich Stabenow Hastings (WA) McHugh Sandlin Cox Meeks (NY) medical standards are often far lower Hayworth McInnis Sanford than those in the United States. Hefley McIntosh Saxton b 1457 Hefner McIntyre Scarborough A woman forced to seek an abortion Herger McKeon Schaefer, Dan Mr. DOOLEY of California changed at local facilities or forced to wait to Hill McKinney Schaffer, Bob his vote from ‘‘aye’’ to ‘‘no.’’ travel to acquire safe abortion services Hilleary McNulty Schumer So the amendment was agreed to. Hilliard Meehan Scott faces tremendous health risks. Do we Hinchey Meek (FL) Sensenbrenner The result of the vote was announced really want American servicewomen Hinojosa Menendez Sessions as above recorded. overseas seeking back-alley abortions Hobson Metcalf Shadegg The CHAIRMAN. It is now in order to on their own in a foreign country? Hoekstra Mica Shaw Holden Millender- Shays consider amendment No. 1 printed in This amendment does not allow tax- Hooley McDonald Sherman Part B of House Report 105–544. payer-funded abortions at military hos- Horn Miller (CA) Shimkus AMENDMENT NO. 1 OFFERED BY MRS. LOWEY pitals, nor does it compel any doctor Hostettler Miller (FL) Shuster who opposes abortion to perform an Hoyer Minge Sisisky Mrs. LOWEY. Mr. Chairman, I offer Hulshof Mink Skeen an amendment. abortion. The amendment merely rein- Hunter Moakley Skelton The CHAIRMAN. The Clerk will des- states the policy that was in effect Hutchinson Mollohan Slaughter ignate the amendment. from 1973 to 1988, and again from 1993 Hyde Moran (KS) Smith (MI) to 1996, giving women in the military Inglis Morella Smith (NJ) The text of the amendment is as fol- Istook Murtha Smith (OR) lows. who are stationed overseas the same Jackson (IL) Myrick Smith (TX) Part B amendment No. 1 offered by Mrs. rights as military women in their own Jackson-Lee Nadler Smith, Linda LOWEY: country: the right to purchase a safe (TX) Neal Snowbarger Jefferson Nethercutt Snyder At the end of subtitle A of title VII (page and legal abortion with their own pri- Jenkins Neumann Solomon 189, after line 5) insert the following new sec- vate money. John Ney Spence tion: Servicewomen and military depend- Johnson (WI) Northup Stark SEC. 705. RESTORATION OF POLICY AFFORDING ents stationed abroad do not expect Johnson, E. B. Norwood Stearns ACCESS TO CERTAIN HEALTH CARE special treatment, only the right to re- Johnson, Sam Nussle Stenholm PROCEDURES FOR FEMALE MEM- Jones Oberstar Stokes BERS OF THE ARMED FORCES AND ceive the same services guaranteed to Kanjorski Oxley Strickland DEPENDENTS AT DEPARTMENT OF American women under Roe v. Wade. Kaptur Packard Stump DEFENSE FACILITIES OVERSEAS. This bill penalizes women who have Kelly Pallone Stupak Section 1093 of title 10 United States Code, Kennedy (MA) Pappas Sununu volunteered to serve their country by Kennedy (RI) Parker Talent is amended— prohibiting them from exercising their Kennelly Pascrell Tanner (1) in subsection (a), by striking out ‘‘(a) constitutionally protected right to Kildee Pastor Tauzin RESTRICTION ON USE OF FUNDS.—’’; and choose. Taylor (MS) (2) by striking out subsection (b). Kim Paul I urge my colleagues, consider the Kind (WI) Paxon Taylor (NC) The CHAIRMAN. Pursuant to House King (NY) Payne Thompson irony of the United States military, Kingston Pease Thornberry Resolution 441, the gentlewoman from the greatest and most powerful in the Kleczka Pelosi Thune New York (Mrs. LOWEY) and a Member world, denying overseas servicewomen Klink Peterson (MN) Thurman opposed each will control 20 minutes. Klug Peterson (PA) Tiahrt and servicemen and their families the Knollenberg Petri Tierney Mr. BUYER. Mr. Chairman, I rise in rights and freedoms we are so justifi- Kucinich Pickering Torres opposition to the amendment and ably proud of at home. LaHood Pitts Towns claim the time. I urge support for the Lowey-Har- Lampson Pombo Traficant The CHAIRMAN. The gentleman Lantos Pomeroy Turner man-Morella amendment. Largent Porter Upton from Indiana (Mr. BUYER) will be rec- Mr. Chairman, I reserve the balance Latham Portman Velazquez ognized for 20 minutes. of my time. LaTourette Poshard Vento The Chair recognizes the gentle- Mr. BUYER. Mr. Chairman, I yield Lazio Price (NC) Visclosky Leach Pryce (OH) Walsh woman from New York (Mrs. LOWEY). myself 2 minutes. Mr. Chairman, over the past three Levin Quinn Wamp b 1500 Lewis (CA) Radanovich Watkins decades, the availability of abortion Lewis (KY) Rahall Watts (OK) Mrs. LOWEY. Mr. Chairman, I yield services at military medical facilities Linder Ramstad Waxman myself such time as I may consume. Lipinski Rangel Weldon (FL) has been the subject of numerous Livingston Redmond Weldon (PA) The gentlewoman from Maryland changes and interpretations over the LoBiondo Regula Weller (Mrs. MORELLA) and I are pleased to years. In January of 1993, President Lowey Riggs Weygand offer an amendment today on behalf of Clinton signed an executive order di- Lucas Riley White the gentlewoman from California (Ms. Luther Rivers Whitfield recting the Department of Defense to Maloney (CT) Rodriguez Wicker HARMAN), who unfortunately cannot be permit privately funded abortions be Maloney (NY) Roemer Wise here. The Lowey-Harman-Morella performed in military treatment facili- Manton Rogan Wolf amendment would give military Markey Rogers Woolsey ties. Martinez Rohrabacher Wynn women access to the health care they The changes ordered by the Presi- Mascara Ros-Lehtinen Young (AK) need and deserve. dent, however, did not have the effect McCarthy (NY) Rothman Young (FL) Our amendment will repeal a provi- of greatly increasing access to abortion sion of law which prevents service- services. Few abortions were performed NOES—54 women and female dependents of serv- at military treatment facilities over- Ackerman Fazio Olver icemen from using their own funds to seas for two principle reasons: Allen Furse Ortiz Barrett (WI) Hamilton Pickett obtain legal abortion services in mili- First, the United States military fol- Becerra Hastings (FL) Reyes tary hospitals. Women who volunteer lows the prevailing laws and rules of Berry Houghton Roybal-Allard to serve in the Armed Forces already foreign countries regarding abortions Brown (CA) Johnson (CT) Sabo give up many freedoms and risk their Campbell Kilpatrick Salmon and, secondly, the military had a dif- Clayton Kolbe Sanchez lives in defending our country. They ficult time finding health care profes- Conyers LaFalce Sawyer should not also have to sacrifice their sionals in uniform willing to perform Crane Lee Serrano health, their safety and their basic the abortions. Dicks Lewis (GA) Skaggs Dixon Lofgren Smith, Adam constitutional rights to a policy with The current law is consistent with Dooley Manzullo Tauscher no valid military purpose. the Hyde language. It allows military Dreier Matsui Thomas I want to make sure that every Mem- women and dependents to receive abor- Ehlers McCarthy (MO) Waters ber of Congress knows that the Depart- tions in military treatment facilities Eshoo McDermott Watt (NC) Farr Moran (VA) Wexler ment of Defense itself is opposed to the in cases of rape, incest or when nec- Fattah Obey Yates current policy. Our amendment is first essary to save the life of the mother. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3569 This is the same policy that has been discrimination between rank of officers a conscience clause. No doctor has to in effect from June 1988, until Presi- and enlisted. perform this procedure if it is against dent Clinton signed the executive Mrs. JOHNSON of Connecticut. Mr. their own views. order. The House has voted several Chairman, will the gentleman yield? Mr. Chairman, I yield 1 minute to the times to ban abortions at overseas Mr. BUYER. I yield to the gentle- gentlewoman from Colorado (Ms. military hospitals. Last year this woman from Connecticut. DEGETTE). amendment was offered and defeated at Mrs. JOHNSON of Connecticut. Re- Ms. DEGETTE. Mr. Chairman, I rise full committee markup and during member, space available, I have a lot of in strong support of the Lowey-Har- floor consideration. family in the military, is hard to get, man-Morella amendment. In 1996, between the defense author- and there is timeliness involved in this This amendment is simply about re- ization bill and the defense appropria- issue. storing the basic rights that have been tions bill, this House voted 8 times in Mr. BUYER. Mr. Chairman, reclaim- denied to women simply because they favor of the ban on abortions at mili- ing my time, there is no difference in serve in the military. Every woman in tary treatment facilities. In those treatment between the officer corps America has a constitutional right to overseas areas, where female bene- and the NCO corps, the enlisted corps reproductive choice. Yet the anti- ficiaries do not have access to safe, on this measure. choice movement in Congress has been legal abortions, beneficiaries have the Mr. Chairman, I yield 2 minutes to relentless to overturn this constitu- option of using space-available travel the gentleman from Florida (Mr. tional right. for returning to the United States or WELDON). Poor women, women who live in the traveling to another overseas location Mr. WELDON of Florida. Mr. Chair- Nation’s capital, women in the mili- for the purpose of obtaining an abor- man, I thank the gentleman for yield- tary are just the first victims of a de- tion. ing me the time. liberate attempt to outlaw access to Mr. Chairman, I reserve the balance I rise again in opposition to this comprehensive reproductive services to of my time. amendment. We have debated this all American women. This amendment Mrs. LOWEY. Mr. Chairman, I yield 2 amendment now every year since I was ensures that women in the military minutes to the gentlewoman from Con- first elected to the Congress. Prior to can exercise the same rights that all necticut (Mrs. JOHNSON). coming to the Congress, I was a prac- women of America were guaranteed 25 Mrs. JOHNSON of Connecticut. Mr. ticing physician in Florida and, prior years ago. Chairman, I thank the gentlewoman to going into private practice, I spent 6 The amendment does not require the for yielding me the time. years in the U.S. Army Medical Corps. Department of Defense to pay for abor- This amendment does not fund abor- Indeed, I was in the medical corps when tions. It simply allows military women tions with tax dollars. Let us get that this policy was first established under to seek and pay for a full range of very clear. Tax dollars under current the Reagan administration. I can tell health care services. If that includes law may not pay for abortions. Tax my colleagues that the policy was well electricity, I am sure they can pay for dollars under this amendment will not received by the people within the medi- the electricity as well. pay for abortions. This amendment cal corps, the men and women. If this amendment fails, Congress merely assures that soldiers, sailors, The reason it was so well received is will jeopardize the health of all women Marines do not become second class the same reason that it is very con- who serve in the military overseas. I citizens when they don the uniform of troversial here. There are lots of Mem- urge my colleagues to think about the our great Nation to defend freedom. bers who feel that killing the unborn message they are sending and to vote This amendment merely assures that child in the womb is morally wrong aye on this amendment. our servicemen and servicewomen and and that we should not be doing that. Mr. BUYER. Mr. Chairman, I yield 2 their spouses do not have less freedom To use a military treatment facility minutes to the gentleman from Mary- than the people they defend. All this and to ask our men and women in uni- land (Mr. BARTLETT). amendment guarantees is that a serv- form, many of whom have very, very Mr. BARTLETT of Maryland. Mr. icewoman or a serviceman’s wife has strong objections to this procedure, Chairman, for many years before it was the same right any other American they do not consider it a medical pro- law, no abortions were done in our woman has to terminate a pregnancy cedure, they consider it killing, is just military hospitals. The reason was that in, for example, the first trimester, in wrong. military doctors will not do abortions. a safe, clean health care facility. Any I can tell my colleagues that when I The present policy and its law is that if serviceman’s wife or servicewoman was on active duty, when this ban went the life of the mother is at risk, those who would want to would have to pay into effect, it was very, very well re- abortions are permitted. As a matter of for the procedure themselves. This does ceived by the nurses, by the physicians. fact, they are fully funded. In cases of not provide tax dollars for the proce- They did not like doing it, and today, rape and incest, the abortion is per- dure. In fact, this amendment only still, they do not like doing it. I would mitted. does three things: encourage all of my colleagues to vote When American people are polled, It provides equal rights to our mili- no on this amendment. Those who fully 80 percent of them oppose abor- tary servicemen and servicewomen to would claim that no taxpayer dollars tion for birth control. If you exclude legal medical care. It provides equal are being used, I disagree with that. life of the mother, rape and incest, es- protection against care in substandard They are using the facility. They are sentially all that remains is abortion hospitals by substandard physicians. using the materials. They are using the for birth control. A lot has been said And thirdly, it provides equal protec- infrastructure, the electricity that is about the health of the mother. Killing tion under the law. Remember, the way there. I say, do not use in any way tax babies when the mother’s life is not at the current policy is written, if you are dollars for this kind of purpose. risk is not a woman’s health issue. a colonel, a major, and you are well The reason people do not like this is Let me close by saying that you do paid, yes, you can fly back to the the same reason they could not find not have a right to do what is wrong, States to have care. If you are an en- any doctors to do it in the first place, and killing the preborn baby is wrong. listed man, frankly, you cannot. So and that is because it is ending a Mrs. LOWEY. Mr. Chairman, I yield 1 this prevents discrimination on an eco- human life. People will try to dehu- minute to the gentlewoman from Texas nomic basis and merely guarantees to manize this whole procedure and call it (Ms. JACKSON-LEE). servicemen’s wives and to service- something else, but in reality it is tak- Ms. JACKSON-LEE of Texas. Mr. women exactly the same rights to ac- ing a living human being in the womb Chairman, I thank the gentlewoman cess to medical care that all other and abruptly ending its life. I think it from New York for yielding me the Americans enjoy. is wrong, and I urge all my colleagues time. Mr. BUYER. Mr. Chairman, I yield to vote no on this. I would simply say that, here we go myself 15 seconds to respond and say Mrs. LOWEY. Mr. Chairman, I yield again, on an argument that argues that space-available travel is at no cost myself 15 seconds just to remark to the against the law of the land. Our mili- to the service member so there is no gentleman that the military does have tary personnel deserve to be under the H3570 CONGRESSIONAL RECORD — HOUSE May 20, 1998 law of the land. So all we are simply Mrs. CHENOWETH. Mr. Chairman, I formed? And if it is contracted out, asking is that the laws of this land re- rise in strong opposition to this amend- who pays for that? So I think we are garding choice and the right to an ment. Indeed the law of the land was talking about some taxpayer funding. abortion be applied to the women in passed on February 10, 1996. It was with Also, I am paying attention to the the United States military. Prohibiting regard to this issue. It is entitled the language here, and I think everyone women from using their own funds to National Defense Authorization Act for should. I guess what we are calling obtain abortion services at overseas Fiscal Year 1996 and was signed into abortions here on the House floor, the military facilities actually endangers law by President Clinton. proponents of this amendment do not the woman’s health. Women stationed This act contained a provision to pre- want to call it abortion. They call it overseas depend on their base hospitals vent DOD medical treatment facilities women’s health and comprehensive re- for medical care and are often situated from being used to perform abortions productive health services. But let us in areas where local facilities are inad- except where the life of the mother is call it what it is. This is taking the life equate or unavailable. This policy may endangered or in the case of rape or in- of another. cause a woman facing a crisis preg- cest. Quite simply, should this amend- Mrs. LOWEY. Mr. Chairman, I yield 3 nancy to seek out an illegal and poten- ment be adopted, not only would tax- minutes to the gentlewoman from tially unsafe abortion. payer-funded facilities be used to sup- Maryland (Mrs. MORELLA), my former The issue of as space available, I port abortion on demand, but resources co-chair of the Congressional Caucus think it is very well known that even would also be used to search for, to on Women’s Issues. in circumstances of a death at home it hire and to transport new personnel so (Mrs. MORELLA asked and was given becomes very difficult for our service- that abortions could be performed. permission to revise and extend her re- men and women sometimes to be able marks.) b 1515 to get back home. Certainly space Mrs. MORELLA. Mr. Chairman, I available is going to argue against a Mr. Chairman, this is unacceptable thank the gentlewoman for yielding me crisis situation when there is the ne- and disturbing. Military treatment this time. cessity to protect the life and health of centers must remain dedicated to heal- I am pleased to be a cosponsor of this the mother. We need to comply with ing and nurturing life. As such, they amendment offered by my friend, the the law of the land for all of our U.S. should not be forced to facilitate the gentlewoman from New York (Mrs. military women. Let us be fair and taking of the most innocent human LOWEY) and also the gentlewoman from treat them as they should be. life, the child in the womb. California (Ms. HARMAN). As we know, I strongly support amendment No. 45 which I urge my colleagues to protect the this amendment is simply going to give will restore regulations permitting abortions for sanctity of life and vote ‘‘no’’ on this our U.S. servicewomen stationed over- service members and their dependents at amendment. seas access to the Department of De- overseas Defense Department Medical facili- Mrs. LOWEY. Mr. Chairman, I yield 1 fense health facilities by repealing a ties. minute to the gentleman from Illinois provision of law which bars them from Without this amendment women who have (Mr. DAVIS). using their own funds, and I emphasize volunteered to serve their country will continue Mr. DAVIS of Illinois. Mr. Chairman, that, to obtain legal abortion services to be discriminated against by prohibiting them I rise today in support of the Lowey- in military hospitals. from exercising their legally protected right to Harman amendment to the defense au- Base hospitals are sometimes the choose abortion simply because they are sta- thorization bill because it is fair and it only facilities for medical care, and in tioned overseas. is right. countries like Bosnia, usually there is While the Department of Defense policy re- Women serving our Nation overseas no other resort because local health fa- spects the laws of host nations regarding should have access to constitutionally cilities are frequently inadequate. abortions, service women stationed overseas protected health care procedures. The They just do not meet our standards of should be entitled to the same services as do United States military should provide health. And so, without having the women stationed in the U.S. for all the health needs of all its mem- Prohibiting women from using their own amendment that we offer, in order to bers. Health needs are health needs. funds to obtain abortion services at overseas resolve the problem of not having ade- Women who are proudly serving and military facilities endangers women's health. quate medical facilities, illegal proce- protecting the security of our Nation Women stationed overseas depend on their dures perhaps might be the result of it, overseas should be able to depend on base hospitals for medical care, and are often or unsafe operations. their base hospitals for all of their situated in areas where local facilities are in- And abortion is a constitutional medical services. Therefore, women adequate or unavailable. This policy may right. We ask many sacrifices of our should have access to reproductive cause a woman facing a crisis pregnancy to service people. Let us not compel them health care just as they have access to seek out an illegal and potentially unsafe abor- to sacrifice basic health rights, the treatment for the flu. tion. rights of privacy and the constitu- Since 1985, the ban on DOD abortions was I urge my colleagues to support this tional rights that others do have. made permanent by the DOD authorization amendment. Also, this amendment is about fair- bill. This amendment does not require the De- Mr. BUYER. Mr. Chairman, I yield ness. Our servicewomen and military partment of Defense to pay for abortions, it myself 1 minute to make a couple of dependents stationed abroad are not simply repeals the current ban on privately observations. asking for any special treatment, they funded abortions at U.S. military facilities over- One is that, in fact, the amendment are only asking for the ability to have seas. Absolutely no Federal funds will be used before us is striking language. So with the very same rights that all Ameri- for abortion services. regard to the last speaker, when he cans have under the Constitution. In addition, all three branches of the military said we only want to provide constitu- And, also, there is a matter of look- have a ``conscience clause'' provision which tionally protected abortion access, ing economically at it. Yes, there will permit medical personnel who have moral, then what we do is we set forth the sce- might be those who say, well, members religious or ethical objections to abortion or nario of having also late-term abor- can go home for those services. Well, family planning services not to participate in tions. Partial-birth abortions could maybe those who are highly paid can, the procedure. These provisions will remain in- also then be performed at military but there are a certain group of officers tact as well. treatment facilities. I do not think who have served us so very well, where Access to abortion is a crucial right for that is what we want at military treat- the expense would be prohibitive and American women, whether or not they are sta- ment facilities. so, therefore, they are stuck. So there tioned abroad. This amendment must be sup- We also have the scenario where it is an economic inequity in that. ported as women who serve our country must was argued this would not have any- I want to reiterate that we are not be able to exercise their choice whether or not thing to do with taxpayer funds. Well, asking that every doctor perform the they are on American soil. if in fact our problem is we cannot find abortion, even though it is constitu- Mr. BUYER. Mr. Chairman, I yield 2 a military doctor willing to perform an tional. We are not asking for taxpayers minutes to the gentlewoman from abortion, then are we going to have to to fund it at military hospitals. Any Idaho (Mrs. CHENOWETH). contract out to have that abortion per- doctor who opposes it on principle or a May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3571 matter of conscience would not have to United States and lose your choice just as I am glad my parents decided to perform the abortion, even if it is legal. over your own body. Join the armed have me, and I am appalled that some- And this does not mean that we have services, sisters, and lose your con- one would come to the floor and say the expense of having to pay for it at stitutional rights. this is something about women’s another facility. The amendment mere- All the red herrings in the world will rights. ly reinstates the policy that was in ef- not make this palatable to young Ms. NORTON. Mr. Chairman, will the fect from 1973 until 1988 and then it was women in this country today. The no- gentleman yield? again in effect from 1993 to 1996. tion about whether their own money or Mr. BUYER. I yield to the gentle- Let me finally just point out the taxpayers’ money is involved, for ex- woman from the District of Columbia. strong support from health care provid- ample. Women would agree to paying Ms. NORTON. Mr. Chairman, the ers, those groups that know and do the full cost, including the electricity, gentleman is appalled because the mes- work with health care organizations for the Member who was concerned sage strikes home. The gentleman is like the American Nurses Association, there. Include the full cost of the abor- appalled because this Member is call- the American Public Health Associa- tion. The gentleman wants to know ing for respect. And as the gentleman tion, the American Medical Women’s about contracting out. The last time I respects human life on his set of val- Association, the American College of heard, we contract out for the full cost ues, there are no set of values on which Obstetricians and Gynecologists, of the service. the gentleman should not be respectful Planned Parenthood Federation of Show some respect for women serv- of women in the armed forces. America. Those among many others ing their country. Imagine the position Mr. BUYER. Mr. Chairman, I reclaim have expressed their strong support for we put them in in Haiti or in Bosnia, my time to say I respect human life, this amendment. having to find a safe place for an abor- yes, on my set of values, on the set of It is also supported by the Depart- tion. Suppose it is a crisis pregnancy values that is the proponent of life as ment of Defense, I would like to em- but not one resulting from rape or in- opposed to killing a human being. phasize. So I hope that Members would cest. Why would any Member of this Mrs. LOWEY. Mr. Chairman, I yield 2 join us in supporting this amendment. body want to put any woman serving in minutes to the gentlewoman from New Mr. BUYER. Mr. Chairman, I yield 1 the armed forces at risk? Why? Why York (Mrs. MALONEY). minute to the gentleman from Califor- even would we want to put her at any Mrs. MALONEY of New York. Mr. nia (Mr. CUNNINGHAM), a member of the inconvenience? She has signed up to Chairman, I thank the gentlewoman committee. serve her country. I think she deserves for yielding me this time, and I rise in Mr. CUNNINGHAM. Mr. Chairman, I all the respect we can muster. support of the Lowey-Harman-Morella spent 20 years in the military and not And let me be clear. The armed serv- amendment. once, not one time did I ever see a ices today needs its women more than DACOWITS, the Defense Advisory woman’s right to choose denied. If its men, because it is the women whose Committee on Women in the Services, there was a need for that individual to percentages are rising. It is the per- found that women soldiers had dif- come back and do it and get the proce- centage of men that is going down. ficulty getting access to medical care dure, they were allowed. Whether we Women are indispensable in the armed overseas, particularly in the Pacific. are for or against abortion, it should services today. They are very young; This unequal ban exacerbates this not be in this body, and that includes they may have a different life-style problem. funding for it. from many Members of this body, but Last time I checked, an American But in the military, if a woman is we had better understand this: the woman still had the right to choose, overseas and they are in a unit, they services will have to close up shop that is if she is living in the United are in a combat backup unit, they do without them. States. When she decides to defend our not want somebody there that has gone This is the wrong message at the country, she loses that constitutional through an abortion. They want them wrong time to send to the young right. When a female soldier is defend- out of the country. They want them women the services are trying to re- ing the rights and privileges of this out of that unit until they can recover cruit today. The women’s numbers are country, she is denied some of the same and then come back. going up. They are at 14 percent. In rights and privileges. I have heard that it denies the basic 1990 they were at 11 percent. They keep If a male member of the armed serv- rights. It does not. The statute says rising. They are the cream of the crop. ices needs medical attention overseas, that they have the right, especially in They are listening to this debate, and I he receives the best. If a female mem- the case of rape, incest or life of the believe I speak for them and for the ber of the armed services needs a spe- mother. And any other case, the mili- women now serving when I say elimi- cific medical procedure, she is forced to tary will bring them back. nate discrimination against women in either wait until she can travel to the Those folks that are for this very the armed forces, stand with the United States, at extreme inconven- amendment are the same folks that are women serving their country. ience and expense, or go to a foreign cutting defense and cutting defense and Mr. BUYER. Mr. Chairman, I yield hospital which may be unsanitary and cutting defense. In the case of the gen- myself 1 minute to respond. dangerous. tlewoman from California (Ms. HAR- This is not a question of those in the This bill will cost the American tax- MAN), her biggest contributor is Loral, military versus women who serve in payer absolutely nothing. Each woman the one that sold the technology to the the military, and I think that is an in- will pick up her own tab. All she wants Chinese. If my colleagues want to sulting argument for anybody to use is the constitutional right that she has worry about men and women in the and it is a red herring in this argu- in this country to also be provided military, then take care of the mili- ment. when she is serving overseas in Amer- tary and quit bringing these kinds of If my colleague wants to talk about ican bases; to be able to go to Amer- amendments up. respect, I have respect for the sanctity ican hospitals and receive the same Mrs. LOWEY. Mr. Chairman, I yield of human life. That is what this is rights. 21⁄2 minutes to the gentlewoman from about. My colleague is a little uncom- b 1530 the District of Columbia (Ms. NORTON). fortable about that, is she not? That is Ms. NORTON. Mr. Chairman, I thank what this is about. It is about human Women have waited long enough to the gentlewoman from New York for life. receive equal treatment in the mili- yielding me this time and congratulate Think about our military. The pur- tary. I hope that my colleagues on both her on this important amendment. I pose we have in the military is to pro- sides of the aisle will vote for this rise in strong support of the Lowey- tect our freedoms and our liberties, and amendment and give these most-de- Harman amendment. when that is laid out in the Constitu- serving soldiers back what is rightfully Do we hear what we are saying in tion, we believe, we, those of us who theirs. this debate to the women of our armed believe in the sanctity of life, believe, I might add, only in a Republican services? Make the choice to serve your and I am just as happy that the gentle- Congress would constitutional rights country in the armed services of the woman’s parents decided to have her, that are given to our citizens over here H3572 CONGRESSIONAL RECORD — HOUSE May 20, 1998 be denied to them when they are over- I do not think our defense hospitals, a safe provider, or it may force a seas defending probably many men needed to treat our war fighters, woman to seek an illegal, unsafe proce- that did not even serve in the military. should be turned into abortion clinics. dure locally. Mr. BUYER. Mr. Chairman, I yield When the 1993 policy permitting abor- Women who volunteer to serve in our myself 15 seconds to respond. tions was first promulgated, all mili- Armed Forces already give up many I believe the remarks of the gentle- tary physicians, as well as many nurses freedoms and risk their lives to defend woman from New York (Mrs. MALONEY) and supporting personnel, refused to our country. They should not have to are probably very insulting to conserv- perform or assist in elective abortions. sacrifice their privacy, their health, or ative Democrats. In response, the Clinton administration their basic constitutional rights to a Mrs. LOWEY. Mr. Chairman, I yield 2 sought to hire a civilian doctor to con- policy with no valid military purpose. minutes to the gentlewoman from Con- duct abortions. This amendment is about women’s necticut (Ms. DELAURO). Therefore, if the Harman amendment health. Local facilities in foreign na- Ms. DeLAURO. Mr. Chairman, I rise were adopted, not only would taxpayer tions are often not equipped to handle in strong support of the Lowey-Harman funded facilities be used to support a procedure, and medical standards amendment. abortion on demand, but resources may be far lower than those in the This amendment restores, this is es- would be used to search for, hire, and United States. We are putting our own sentially what it does, it restores equal transport new personnel simply so that defenders at risk by forcing them to access to safe medical treatment for abortions could be performed. seek local facilities from medical pro- U.S. military servicewomen, military Rather, let us use this defense budget cedures. dependents who are stationed overseas. to make our military stronger and not This amendment is also supported by It reinstates a policy that would allow use it to help us establish abortion the Department of Defense. these women to use their own private clinics. Military treatment centers, Mr. BUYER. Mr. Chairman, I yield 5 funds to obtain a legal abortion or which are dedicated to healing and nur- minutes to the gentleman from New abortion services in military hospitals turing human life, should not be forced Jersey (Mr. SMITH). overseas. Women who joined the mili- to facilitate the taking of the most in- Mr. SMITH of New Jersey. Mr. Chair- tary to protect our rights should not man, I thank my good friend the gen- have to check their constitutional nocent human life, the child in the womb. tleman from Indiana (Mr. BUYER) for rights at the border. yielding and for his excellent work on Let me emphasize several points I urge my colleagues to maintain the this and other provisions in this impor- about the amendment. First, the current law and vote against this tant bill. amendment would not allow Federal amendment. Mr. Chairman, the national debate on funds to be used to pay for abortions. It Mr. Chairman, I include for the partial birth abortion has proven be- simply allows women to use their own RECORD a copy of the letter from the yond any reasonable doubt that abor- funds. It is worth repeating because we Archbishop for Military Services, tion is violence against children. Most can never say it often enough, it does Edwin F. O’Brien, sent to Members of Americans and I believe most Members not get understood. Their own funds. Congress: ARCHDIOCESE FOR THE of Congress on both sides of the aisle, Women use their own funds to pay for MILITARY SERVICES, USA, Democrats, Republican, liberals, con- services in military hospitals overseas. Washington, DC, May 20, 1998. Second, the amendment would not servatives and moderates, were DEAR MEMBER OF CONGRESS: As one con- shocked and dismayed and frankly very force doctors to perform abortions due cerned with the moral well being of our saddened to learn that partial birth to the conscience clause that exists in Armed Services I write to urge you to oppose the military services. No medical per- the Harman Amendment to the FY 99 Na- abortions were routine and common- sonnel would be forced to participate in tional Defense Authorization Act (H.R. 3616). place and that it was completely legal or perform these services. This amendment would compel taxpayer to partially deliver a baby, shove a Third, this in not a new policy. Pri- funded military hospitals and personnel to scissors into the back of that baby’s provide elective abortions and seeks to head, and then hook up a hose to suc- vately funded abortions were allowed equate abortion with ordinary health care. overseas at military facilities from 1973 tion out that baby’s brain. That is the The life-destroying act of abortion is radi- reality of what choice is all about. to 1988, including all but a few months cally different from other medical proce- of the Reagan administration. And dures. Military medical personnel them- I think it is about time, Mr. Chair- then they were permitted again under selves have refused to take part of this pro- man, we connected the dots about the an executive order between 1993 and cedure or even to work where it takes place. violence of abortion. The other meth- 1996. Military hospitals have an outstanding ods are no less heinous. They kill chil- The current ban is an exception. It is record of saving life, even in the most chal- dren. They are no less violent. This is lenging times and conditions. child abuse. And that collective denial not the rule. The ban is a direct attack Please do not place this very heavy burden on the rights of American women who that we as a country have engaged in upon our wonderful men and women of for so many years needs to be put valiantly served their country. They America’s Armed Services. put their lives on the line every single Thank you for your kind consideration of away. day. this message. Mr. Chairman, abortion methods dis- I urge my colleagues to please ensure Sincerely, member children. Razor blade tipped that female military personnel and EDWIN F. O’BRIEN, suction devices 20 to 30 times more military dependents have access to safe Archibishop for the Military Services. powerful than the average household and legal medical care that the men in Mrs. LOWEY. Mr. Chairman, I yield 1 vacuum cleaner, after the child’s arms our Armed Forces do and which they minute to the gentlewoman from Cali- and legs and torso and head has been deserve. Vote ‘‘yes’’ on the Lowey-Har- fornia (Ms. SANCHEZ). decapitated, turn on the suction ma- man amendment. Ms. SANCHEZ. Mr. Chairman, this chine and the baby is literally turned Mr. BUYER. Mr. Chairman, I yield 2 amendment would give U.S. service- into a bloody pulp. This is the uncen- minutes to the gentleman from New women stationed overseas access to De- sored reality of what choice is all Jersey (Mr. PAPPAS). partment of Defense health facilities about. Abortion methods also include Mr. PAPPAS. Mr. Chairman, I thank by repealing a provision of the law injecting various deadly poisons, in- the gentleman from Indiana for yield- which bars these women from using cluding high concentrated salt solu- ing me the time. their own funds to obtain medical tions. Mr. Chairman, we are again embark- treatment in military hospitals. I chair the Committee on Inter- ing on another battle to export Ameri- Women serving in the military over- national Operations on Human Rights, ca’s disrespect for the value of human seas depend on these base hospitals for Mr. Chairman. I have had in excess of life. Not only do we kill our unborn medical care and they may be sta- 70 hearings, many of them on torture children here, we are going to vote tioned in areas where local health care in overseas prisons by dictatorships. today to allow abortions, yes, even par- facilities are inadequate. The ban may And I can tell my colleagues, when I tial birth abortions in our medical fa- cause a woman who needs medical care look at the badly burned, chemically cilities overseas. to delay treatment while she looks for burned bodies of unborn children who May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3573 have been killed with Medicine, Mr. Chairman, is all about b 1545 salioamniocentesis abortions, they are caring and curing and mitigating dis- Mr. HOSTETTLER. Mr. Chairman, I no different at all to those others who eases. Unless my colleagues think preg- rise in strong opposition to this amend- have been tortured because of their nancy is a disease to be vanquished, ment. The Supreme Court has told us faith, or because of their beliefs in de- those kids should be nurtured. We that we have to allow the killing of mocracy or their human rights advo- should be talking about maternal preborn children. It has not, however, cacy. health care, how do we beef that up. told us that government has an obliga- They have been killed. A high con- Prenatal care, that is what it is about, tion to provide this service. This centrated salt injection usually takes 2 not simultaneously saying, if we do not amendment would do just that. hours for the baby to die. And we know want the child, the child could be in- This amendment obligates the United that a child feels pain. And when that jected with salt or dismembered. States to make sure abortion services child is born dead, if we open up the Vote no on the Lowey amendment. and facilities are available at U.S. fist that is usually tightly collapsed, Mrs. LOWEY. Mr. Chairman, I yield 1 military bases. It is this obligation we can see that all the scalding and minute to the gentleman from Rhode that I believe the Committee on Na- corrosive effects of that salt fails to Island (Mr. KENNEDY). tional Security and the House soundly get on the palm because the child is in Mr. KENNEDY of Rhode Island. Mr. rejected in recent years on so many oc- pain. That is the reality, Mr. Chair- Chairman, I thank the gentlewoman casions and should again reject. man, of this so-called choice rhetoric. for yielding to me. Abortion remains a very divisive The Lowey amendment if enacted, I want to say, it is really unbeliev- practice in America and, indeed, the Mr. Chairman, will turn DOD medical able to me that we are really on this world. Allowing abortions to be per- facilities into abortion mills where this floor discussing this issue. This is not formed on military installations would kind of violence, including, as my good an issue of Row v. Wade. That issue has bring that discord and dissension right friend the gentleman from Indiana (Mr. been decided. onto our military bases complete with Women in this country have a con- BUYER) pointed out earlier, where this pickets and the like. kind of violence, including partial stitutional right to have a safe, legal The core principle at issue here is birth, would be sanctioned. abortion. This country made a decision whether the government has the obli- The Lowey amendment makes a false to do that because it did not like the gation to provide for what is merely a distinction based not on what happens public health impacts of having abor- right is a serious issue with serious to a baby in an abortion, in other tion illegal. Like it or not, women were ramifications. words a violent death, but on who pro- being killed in back-alley abortions; Does the freedom of the press guaran- vides some of the cash. It also com- and the fact is we changed the law and teed by the First Amendment obligate pletely overlooks the costs that are the Constitution of the United States the Federal Government to provide borne by the taxpayers to facilitate reflects that a woman has a right to a every interested American with a that abortion, like the provision of op- legal, safe abortion so her health is not printing press? Does the Federal Gov- erating rooms, the hiring of abortion- in jeopardy. That is a public health ernment have to provide a U.S. flag ists. issue. and a set of matches to anyone who Thank God that when Mr. Clinton’s Now what we are talking about is, wants to burn our flag just because the executive order was in effect not a sin- these Constitutional rights are not se- Supreme Court has said that flag burn- gle overseas military doctor would en- lective. We cannot just say, ‘‘I want ing is a right protected under the First gage in this violence against children. free speech just in Rhode Island and I Amendment. They have had to go out with Planned do not want free speech in California. I Does the right to distribute pornog- Parenthood’s help and look and seek to want free speech here and not there.’’ raphy, which also has been upheld by find abortionists. Well, that takes tax- This is a constitutional right that ap- the court, obligate the military to dis- payers’ dollars. The nominal fee that a plies to every single American. And for tribute it to the troops? And because woman might pay to procure that abor- us to say it will not apply to the Amer- prostitution is legal in one State, does tion would in no way cover that. icans, our soldiers, our women in uni- this obligate that State government to This amendment, Mr. Chairman, says form who are defending our rights provide prostitution services to its em- in effect, it is okay to tear up an un- overseas to me is unconscionable. ployees? Of course the answer to these born child, to rip that child to pieces. The story here, Mr. Chairman, is that absurd questions is a resounding no. Mr. Chairman, I have been in the pro- these are United States servicewomen Congress has the clear responsibility life movement for 26 years. I am and their lives are going to be put in under the Constitution to provide for amazed at how so many good and de- jeopardy if we do not pass this amend- the rules and regulations of the mili- cent people sanitize the unthinkable. ment and make this bill protect a tary. We must not make it the policy We did it on this floor when we talked woman’s right to have a legal and safe of the United States to use its military about partial birth, Members that I abortion. institutions to facilitate destructive deeply respect and work arm in arm on Mr. BUYER. Mr. Chairman, I yield behaviors such as killing innocent human rights with. myself 30 seconds just to remind the preborn life. I urge a no vote on this Let me conclude, Mr. Chairman, and Members, with regard to national secu- amendment. let me say that good and decent people rity issues, the Supreme Court permits Mr. BUYER. Mr. Chairman, as I un- have defended the unthinkable, that the Congress of the United States to derstand, the gentlewoman from New which is not defensible, in terms of par- establish the laws. And in particular, York (Mrs. LOWEY) has the right to tial births in these other methods. And we do set out rules and policies that close? now we are being called upon to use end up discriminating against people The CHAIRMAN. The gentleman overseas military facilities for abor- and we have rules and procedures that from Indiana (Mr. BUYER) has the right tion. It facilitates abortion. are unequal when we compare some- to close. One of our colleagues said earlier times what we do compared to what Mr. BUYER. Mr. Chairman, I reserve that we do not want to treat women as happens in the civilian sector. the balance of my time. second-class citizens. Nobody does. But We get to discriminate whether The CHAIRMAN. The gentleman providing the means to kill their ba- someone is too tall, overweight, wheth- from Indiana (Mr. BUYER) has 3⁄4 bies, we would welcome the unborn er they are diabetic. Those discrimina- minute remaining, and the gentle- being treated as second-class citizens. tions are permitted as we make many woman from New York (Mrs. LOWEY) Unfortunately, this amendment and different decisions on building unit co- has 3⁄4 minute remaining. our zeitgeist, our law decreed by the hesions. So we get to make these deci- Mrs. LOWEY. Mr. Chairman, I yield U.S. Supreme Court in 1973, treats the sions within this body, so I wanted to myself such time as I may consume. unborn child as a throwaway, as gar- share that with everyone. Mr. Chairman, I want to close by bage, as so much junk. And God did not Mr. Chairman, I yield 2 minutes to thanking my colleagues on both sides make junk. And every child is precious the gentleman from Indiana (Mr. of the aisle who have spoken and sup- regardless of race or color or gender. HOSTETTLER), a member of the commit- ported the Lowey-Harman-Morella Every one of those kids should matter. tee. amendment. H3574 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Let me reiterate, this amendment is women who have volunteered to serve their training, or operation and maintenance of not an issue of taxpayer-funded abor- country by prohibiting them from exercising the United States Armed Forces. tions. Under the amendment, the pa- their legally protected right to choose. (b) WAIVER.—A provision of law may not be construed as modifying or superseding the tient, not the government, would pay Women serving this country have lost a provisions of subsection (a) unless that pro- for the procedure. I close the debate by legal right. Vote for the Lowey-Harman vision of law— reminding Members that our American amendment to end this blatant disregard for (1) specifically refers to this section; and servicewomen take very seriously their the health, safety and constitutional rights of (2) specifically states that such provision duty to protect the constitutional women. of law modifies or supersedes the provisions rights of all United States citizens. Ms. PELOSI. Mr. Chairman, I rise in strong of this section. Yet, we deny them time and time again support of the Lowey-Harman amendment to The CHAIRMAN. The gentleman the rights we extend to women on U.S. repeal the provision in this bill prohibiting pri- from New York (Mr. GILMAN) and a soil. vately funded abortion services in U.S. military Member opposed each will control 20 It is time to stop the hypocrisy. The hospitals overseas. I commend my colleagues minutes. right to choose gives women the right for their leadership on this important issue. Mr. SKELTON. Mr. Chairman, since to make this personal decision. Vote Women stationed overseas in service to no Member has risen in opposition to for the Lowey-Harman-Morella amend- their country and female military dependents this amendment, I ask unanimous con- ment. rely on base hospitals for medical care. Ac- sent to be permitted to control the Mr. BUYER. Mr. Chairman, I yield cess to comprehensive reproductive health is time on this side. myself such time as I may consume. essential for all women, civilian or military. The CHAIRMAN. Is there objection Mr. Chairman, I guess I would share Under the bill, as it currently stands, however, to the request of the gentleman from with some of the speakers, the pro- these women who volunteer to protect and Missouri? ponents of this amendment, they serve their country in the military are denied There was no objection. should bring the amendment to be the the same protections under Roe v. Wade as The CHAIRMAN. The Chair recog- proponents for those who are diabetic the Americans they are serving and protecting. nizes the gentleman from New York and fight for the diabetes or fight for This is not a request for special treatmentÐit (Mr. GILMAN). someone that is overweight or that is is a need for equal treatment and equal ac- Mr. GILMAN. Mr. Chairman, I yield too tall or too short. There are many cess to health care. myself such time as I may consume. rules and regulations that are out This amendment does not permit taxpayer- Mr. Chairman, I rise to offer the there that I want to share with the funded abortions. No Federal funds are used Gillman-Danner-Spence-Sensen- body. for abortionÐthat will not change. It simply re- brenner-Rohrabacher amendment. In On this issue, we also have the issue peals the current ban on privately funded short, this amendment will exempt of military medical readiness. We train abortions in military hospitals and restores U.S. Armed Forces from the restric- all of our nurses and doctors how to do equal access to reproductive health care for tions of the U.N. Kyoto Climate proper triage for saving of life from the military women stationed overseas. And it pre- Change Treaty. battlefield. One of the things that is serves the conscience clause and would not Mr. Chairman, last December the not on there is the performing of an coerce any doctor to perform abortions. It pro- Clinton administration approved a U.N. abortion service to take life. Mr. Chair- vides military women the right they already Climate Change Treaty that forces the man, I urge everyone to oppose the have as American womenÐto make a safe United States to make drastic cuts in amendment. and legal choice with their own funds. I urge carbon emissions by the year 2010. The Mr. STARK. Mr. Chairman, the Lowey-Har- my colleagues to repeal this unfair ban and economic recesssions of the late 1970s man amendment will restore the ability of our vote yes on the Lowey-Harman amendment. and early 1980s caused our Nation to female service members and female depend- The CHAIRMAN. The question is on cut emissions by 2 percent of our total ents stationed overseas to exercise their con- the amendment offered by the gentle- emission. The Kyoto treaty now im- stitutional right to choose safe abortion serv- woman from New York (Mrs. LOWEY). poses restrictions three times larger ices, using their own funds to obtain services The question was taken; and the than the cuts made by the recessions in in military hospitals. Chairman announced that the noes ap- the 1970s. This is an important access-to-health-care peared to have it. In sum, U.S. Government labora- amendment. Military women depend on their Mrs. LOWEY. Mr. Chairman, I de- tories, industry, and labor groups esti- base hospitals for all of their medical services. mand a recorded vote. mate that the treaty is going to cost This amendment gives them access to the The CHAIRMAN. Pursuant to House hundreds of billions of dollars and same range and quality of health care that Resolution 441, further proceedings on could throw two million Americans out they could obtain in the United States. the amendment offered by the gentle- of work. While the treaty imposes re- strictions on our Nation and 38 other This amendment has the strong support of woman from New York (Mrs. LOWEY) organizations like the American Nurses Asso- will be postponed. countries, it exempts China, Brazil, ciation, the American Public Health Associa- The CHAIRMAN. It is now in order to South Korea, Mexico, India, and 125 tion, the American Women's Association, the consider amendment No. 2 printed in other countries from its limitations. American College of Obstetricians and Gyne- part B of House Report 105–544. Our Armed Forces are responsible for cologists, and the Planned Parenthood Fed- over 70 percent of the Federal Govern- AMENDMENT NO. 2 OFFERED BY MR. GILMAN eration of America. ment’s carbon emissions. The Depart- Mr. GILMAN. Mr. Chairman, I offer This amendment also has the support of the ment of Defense recently estimated an amendment. Department of Defense. No surprise here, as that a 10 percent cut in its emissions The CHAIRMAN. The Clerk will des- the policy of denying women access to safe could trigger the following cuts in the ignate the amendment. health care serves no military purpose. readiness of our Armed Forces. For ex- The text of the amendment is as fol- Still, anti-choice Members of Congress ample, armor training would be cut by lows: would endanger the lives of women in foreign 328,000 miles per year, naval steaming countries where local health care facilities are Part B, amendment No. 2 offered by Mr. days could be cut by 2,000 days per inadequateÐwhere quality care is not avail- GILMAN: year, and Air Force flying hours could At the end of title XII (page 253, after line be cut by some 210,000 hours. able. They would force women into the hands 3), insert the following new section: Prior to Kyoto, the Defense Depart- of untrained medical professionals, or into SEC. 1206. PROHIBITION ON RESTRICTION OF unsterilized facilitiesÐincreasing the danger ARMED FORCES UNDER KYOTO PRO- ment requested a blanket waiver from and the risk to the health of these women. TOCOL TO THE UNITED NATIONS carbon emissions restrictions. During Make no mistake about itÐtheir objective is FRAMEWORK CONVENTION ON CLI- the negotiations, Vice President GORE the same as always: to make abortion serv- MATE CHANGE. overrode the Defense Department’s po- (a) IN GENERAL.—Notwithstanding any sition and exempted only multilateral ices difficult to obtain, prohibitively expensive, other provision of law, no provision of the and physically risky for physicians and women Kyoto Protocol to the United Nations operations consistent with the U.N. alike. Framework Convention on Climate Change, charter. That left unilateral U.S. oper- True to form, the conservative majority have or any regulation issued pursuant to such ations, like Panama or Grenada, and extended their reach to discriminate against protocol, shall restrict the procurement, all domestic operations subject to the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3575 Kyoto restrictions. Over time, Mr. Senate or if imposed by executive order mit, the Department of Defense re- Chairman, the Kyoto Protocol would or regulation, imposes substantial re- quested a blanket waiver from restric- exert a strong pressure on future ad- strictions on the amount of United tions on carbon emission, but Vice ministrations to curtail our military States carbon emissions. President GORE apparently overrode training and readiness. In a highly industrialized society, the Department’s request. Recently, Undersecretary of Defense these restrictions will have enormous Although protecting the environment Goodman claimed that Kyoto will not economic impact. The United States is something we all strive for and, as a impair or adversely affect military op- Government laboratories, industry, Nation, need to improve on, we cannot erations and training. This contradicts and labor groups estimate that imple- afford for it to be a primary focus of the direct language of the treaty that mentation of the Kyoto Protocol would our military’s combat training or of only exempts multilateral operations result in hundreds of billions of dollars their conduct of operations. Their job that are consistent with the U.N. char- in lost economic growth and perhaps is to protect America, its citizens, and ter. two million lost American jobs. its security interest by operating Mr. Chairman, our amendment will The restrictions called for in the around the globe in peacetime and pre- lock into law the current administra- Kyoto Protocol would, if implemented, vailing during war. tion’s verbal promises to protect our obviously apply to the Federal Govern- War is a hard and violent business, Armed Forces from U.N. restrictions. ment. Because the operations and and the effectiveness of the weapons is This amendment is necessary because training of the United States military not measured by the level of carbon the administration could retract its po- forces account for more than 70 percent emissions. The 70-ton M1–A1 tank is sition on DOD emissions when climate of the Federal Government’s carbon the world’s best, but it consumes a lot change negotiators meet again this No- emissions, the impact of the Kyoto of gas. It measured its progress down vember in Buenos Aires, just after our treaty on our Armed Forces would be the Euphrates River Valley in the Gulf congressional elections. tremendous. War in gallons per mile, not miles per The amendment simply states that Unless our military is given a blan- gallon. While the M1–A1 may not be en- no provision in the Kyoto Protocol will ket waiver from the Kyoto restriction, vironmentally friendly, it helped to restrict the procurement, the training, a waiver that was recommended by the decimate the Iraqi Republican Guard, the operation, or maintenance of our Secretary of Defense, Mr. Cohen, every- shorten the war, and, in so doing, limit U.S. Armed Forces, as just promised by day operations and training will be af- the loss of life. the administration. fected. In conclusion, let me cite the words Mr. Chairman, this amendment was The Pentagon estimates, as the gen- of former Secretary of Defense Frank Carlucci, who wrote recently ‘‘Regard- endorsed by the Veterans of Foreign tleman from New York (Mr. GILMAN) Wars, the Navy League, and the Air said, that even a requirement that less of how the administration inter- prets the treaty, the Congress must de- Force Association. I have their letters emissions be reduced by 10 percent mand a blanket exemption for all mili- here and will make them available to would result in tank training being cut by 328,000 miles per year, Naval steam- tary operations.’’ our colleagues. I also understand that, That is what the Gilman amendment ing days being cut by 2,000 days per since this amendment implements cur- proposes, and I strongly urge my col- year, Air Force flying hours being cut rent administration policy, the Depart- leagues to support it. As Carlucci said to the tune of 210,000 hours per year. ment of Defense does not oppose its ‘‘Our national security deserve no As serious as the Kyoto treaty’s re- adoption. less.’’ Accordingly, Mr. Chairman, I urge strictions would be on the military’s Members to support this amendment. peacetime training, the restrictions b 1600 Our national security is much too im- would dramatically affect the conduct Mr. SKELTON. Mr. Chairman, I yield portant to risk on the U.N. treaty and of United States military operations. 3 minutes to the gentlewoman from the bureaucracy that would oppose it. The Pentagon estimates that the Missouri (Ms. DANNER). Mr. Chairman, I reserve the balance Kyoto treaty’s restrictions would de- Ms. DANNER. Mr. Chairman, I am of my time. grade the readiness of Army divisions pleased to be a sponsor of the The CHAIRMAN. The gentleman and could add an additional 6 weeks to Gilman-Danner-Spence-Sensenbrenner- from Mississippi (Mr. TAYLOR) is recog- training and deployment in the event Rohrabacher amendment. Numerous nized. of war. studies have shown that the Kyoto Pro- Mr. TAYLOR of Mississippi. Mr. As a result, strategic deployment tocol will not only harm the U.S. econ- Chairman, I yield myself such time as schedules would be missed and oper- omy, but, in addition, it has the poten- I may consume. ations placed at risk. Should Saddam tial to threaten America’s military Mr. Chairman, I would like to com- Hussein continue to threaten the sta- preparedness. pliment the gentleman on his amend- bility of the Persian Gulf, the ability of Defense Secretary William Cohen has ment. I know of no opposition to that the United States to operate military been quite clear with regard to the dev- amendment on this side, and we would forces would be governed, and limited, astating effects Kyoto will have on also urge its passage. by the provisions of the United Nations American national security, stating in Mr. GILMAN. Mr. Chairman, I am environmental treaty. a recent article in the Washington pleased to yield 5 minutes to the dis- Ironically, the administration did Times: ‘‘We must not sacrifice our na- tinguished gentleman from South agree to include one exemption in the tional security to achieve reductions in Carolina (Mr. SPENCE), chairman of the Kyoto treaty for ‘‘multilateral oper- greenhouse gas emissions.’’ Committee on National Security. ations consistent with the U.N. char- Basically, the treaty forces United (Mr. SPENCE asked and was given ter.’’ States armed services to reduce green- permission to revise and extend his re- In other words, the administration house gas emissions while exempting marks.) believes U.N. peacekeeping operations ‘‘multinational operations consistent Mr. SPENCE. Mr. Chairman, I rise in like Bosnia and Somalia should be ex- with the United Nations charter.’’ strong support of the Gilman amend- empt from environmental treaties Our domestic military training will ment that would exempt the United while unilateral American operations be damaged by the decisions made in States Armed Forces from the restric- like the invasion of Grenada in 1983 or Kyoto by subjecting our military to re- tions of the United Nation Kyoto Cli- Panama in 1989 would have to be con- strictions that the treaty does not im- mate Change Treaty. ducted, if at all, in an environmentally pose upon countries such as China, My colleagues may be wondering friendly fashion, as dictated by the India and Mexico, countries that we what possible connection an environ- United Nations. know have high levels of emissions. I mental protection treaty has to do As nonsensical as this may sound, it think this is completely inequitable. with the defense of the United States, is an accurate assessment of the impli- Indeed, growing military powers such and in particular, to the operation of cations of the administration’s posture as China will not be required to adhere the United States forces worldwide. on the Kyoto treaty. As I indicated, to the same standards to which our The Kyoto treaty, if ratified by the prior to the Kyoto environmental sum- military will be held. H3576 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Reducing Army fuel use by 10 percent gas emissions by 7 percent below 1990 mate Change Treaty from cutting our alone would downgrade readiness and levels in the 2008 to 2012 time frame, or national defense. require up to six additional weeks to about the level that we were emitting Mr. Chairman, I urge my colleagues prepare and deploy our troops, accord- 20 years ago in 1978. to support the amendment. ing to our Pentagon officials. Since the Since the Federal Government is the Mr. BONILLA. Mr. Chairman, I rise in sup- United States armed forces produce Nation’s largest energy user and green- port of the Gilman Amendment which insures over 70 percent of the Federal Govern- house gas emitter, and the Department the safety and security of Americans are not ment’s energy use, you may be very of Defense is the government’s largest compromised to promote questionable sci- certain that it will be the United emitter, the administration essentially entific theories. The Kyoto Treaty may not States military that will be the most agreed to impose restrictions upon succeed in combating the phantom threat of seriously affected as an aspect of our military operations, in spite of Penta- global warming, but it has sinister con- government if subjected to the Kyoto gon analyses that showed that such re- sequences for our military and our security. requirements. The Kyoto Protocol strictions would not only significantly Simply put the Kyoto Treaty will restrict mili- must not stand as a barrier to nec- downgrade the operational readiness of tary fuel consumption. This will cut armor essary United States military oper- our armed forces, but also threaten training by 328,000 miles per year, cut naval ations. their ability to meet the requirements steaming by 2,000 days per year and cut Air Furthermore, decisions that impact of our national military strategy. Force training by 210,000 hours per year while our armed forces should be made by The text of the Kyoto Protocol is si- placing no restriction on the Chinese and our commanders, our generals and our lent with respect to greenhouse gas other militaries. The Gilman Amendment will admirals, and not be subject to an emissions. However, the decision taken stop this onslaught on America's security. The international environmental accord by the Framework Convention of the Gilman amendment will safeguard our inde- drafted by international bureaucrats. Climate Change’s Conference of Parties pendence. Mr. Chairman, this amendment rep- exempts military operations ‘‘pursuant My colleagues, let's defend our sovereignty resents an opportunity to protect to the United Nations charter,’’ but re- from real foes not phantom threats. Please America’s national security and hold quires ‘‘that all other operations shall join me in voting to safeguard our independ- the administration to its word, as it be included in the national emissions ence and vote for the Gilman Amendment. was presented to us before the Commit- totals,’’ with the effect of penalizing Mr. PALLONE. Mr. Chairman, I rise to ad- tee on International Relations just re- our armed forces for maintaining world dress this amendment offered by Mr. GILMAN cently. Therefore, I urge all Members peace. (Prohibition on Restriction of Armed Forces to support it. The administration claims that this under Kyoto Protocol to the UN Framework Mr. GILMAN. Mr. Chairman, I am decision was one of its great triumphs Convention on Climate Change). First, I want pleased to yield 5 minutes to the gen- in Kyoto, but I believe, however, it is to clarify whether DoD's technical changes tleman from Wisconsin (Mr. SENSEN- one of the many mistakes made by were made to this amendment. Of course I BRENNER), the distinguished chairman Vice President Gore and his minions support protection of our national security in- of the Committee on Science who also that guided the Kyoto negotiations. terests and want to make sure that no provi- was the Chair of our delegation to the As pointed out in a January 22, 1998 sions of U.S. law enacted to implement U.S. Kyoto conference. letter to the President by the Commit- obligations under the Kyoto Protocol would Mr. SENSENBRENNER. Mr. Chair- tee to Preserve American Security and jeopardize our military readiness. However, man, I thank the gentleman from New Sovereignty, a concerned group of while I support the principle behind this York for yielding me this time, and former U.S. national security and for- amendment, this should not be used as an op- rise in support of this common sense eign policy officials that includes three portunity to undermine the Kyoto Protocol nor amendment to prohibit any provision past Secretaries of Defense and two U.S. efforts, as one of 160 nations who were of law, any provision of the Kyoto Pro- past Secretaries of State, ‘‘The Kyoto involved in negotiating this treaty, to protect tocol, or any regulation issued pursu- treaty threatens to limit the exercise our global climate. Undersecretary of State ant to the protocol, from restricting of military power by exempting only Eisenstat has emphasized repeatedly that the the procurement, training or operation military exercises that are multi- U.S. will not take steps that would require and maintenance of the United States national and humanitarian. Unilateral mandatory action at the macroeconomic level armed forces. military actions, as in Grenada, Pan- or with respect to specific sectors of our econ- As chairman of the Committee on ama and Libya, will become politically omy in order to reach the Kyoto target before Science, I spent a great deal of time and diplomatically charged.’’ the President has obtained the advice and analyzing this protocol, the U.N. trea- It is time too correct this Kyoto ab- consent of the Senate. Further, Undersecre- ty on climate change, including surdity. Support this amendment and tary Eisenstat consulted with top national se- chairing three full Committee on say ‘‘yes’’ to our national security and curity and military officials and had their assur- Science hearings on the outcome and ‘‘no’’ to Kyoto. ances that the Kyoto Protocol does in fact implication of the Kyoto climate Mr. SKELTON. Mr. Chairman, I yield meet our national security needs and inter- change negotiations, and this past De- myself such time as I may consume. ests. We secured exemptions for bunker fuels cember I led the congressional delega- Mr. Chairman, I might say that I per- and for other activities that are covered under tion to the Kyoto conference. sonally favor this amendment. I will other existing agreements. If this Protocol Facts I have reviewed lead me to be- not oppose it. It is also my understand- were ever signed or ratified by the Senate, our lieve that the Kyoto Protocol is seri- ing that the administration as well is domestic legislation would ensure protection of ously flawed; so flawed, in fact, that it in favor of it. So I compliment the gen- our national interests. Nor would we trade cannot be salvaged. The treaty is based tleman from New York for bringing emissions credits with any other nations that upon science, costs too much, leaves this to our attention. with whom we would not otherwise conduct too many procedural questions unan- Mr. Chairman, I yield back the bal- transactions. Thus, I do not understand the swered, is grossly unfair because devel- ance of my time. purpose of, nor the need for, this amendment. oping nations such as China, India, Mr. GILMAN. Mr. Chairman, I yield I also want to clarify that this amendment Brazil and Mexico are not required to myself such time as I may consume. should not be interpreted to be able to prevent participate, and will do nothing to Mr. Chairman, I would note that this the U.S. Armed Forces from continuing to solve the speculative problem it is in- amendment prevents U.N. Climate adopt practical energy efficient measures. tended to solve. I have heard nothing Change Treaty restrictions from apply- More efficient heating and cooling systems for today to persuade me otherwise. ing to our United States armed forces. military buildings, energy saving engines, and The amendment addresses one of the It has been endorsed by our major vet- other such technology applications would save protocol’s many absurdities that the erans’ groups, the Veterans of Foreign money and could improve the readiness and Clinton-Gore administration agreed to Wars, the Navy League and the Air capabilities of our Armed Forces. The Defense in Kyoto, namely the threat to our na- Force Association. The Department of Department has stated this position, as well. tional security. Under the Protocol, Defense does not oppose the amend- To date, the Defense Department actually is the administration has committed the ment. It implements current adminis- on the forefront of implementing energy effi- United States to reduce its greenhouse trative policy to prevent the Kyoto Cli- cient measures that have saved substantial May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3577 amounts of money and energy and increased sion Headquarters (or any similar United Na- U.S. forces to U.N. peacekeeping oper- our environmental protection. tions military operations headquarters). ations. It is these kinds of open-ended Mr. WAXMAN. Mr. Chairman, I agree with The CHAIRMAN pro tempore. Pursu- and at times back door operations that the intent of Mr. GILMAN's amendment and ant to House Resolution 441, the gen- have led to this amendment, and I support it. Indeed, the Kyoto Protocol will im- tleman from Colorado (Mr. HEFLEY) think all Members will agree we should prove the national security of the United and a Member opposed each will con- cut off the funds for this organization States by reducing the risk of catastrophic cli- trol 30 minutes. until a clear statement is made that mate change, which would create upheaval The Chair recognizes the gentleman our troops will be accountable only to and unrest throughout the world, including the from Colorado (Mr. HEFLEY). United States command and control. potential for millions of environmental refu- Mr. HEFLEY. Mr. Chairman, I yield What is also disturbing to me is that gees. myself such time as I may consume. it is unclear what command arrange- Furthermore, measures to implement the Mr. Chairman, I rise to offer an ments would govern any forces as- Kyoto Protocol can improve our security by re- amendment which would prohibit the signed to the U.N. Rapidly Deployable ducing our dependence on imported oil Department of Defense from spending Mission Headquarters. The key ques- U.S. taxpayer dollars on the assign- through improved energy efficiency and in- tion of whether any U.S. troops as- ment or detailing of any member of the creased reliance on domestic renewable en- signed would be under the command of U.S. military to duty with the United ergy resources. the U.N. Secretary General or their na- Nations Rapidly Deployable Missions At the same time, the Administration has tional command authorities has not Headquarters or any similar U.N. orga- issued clear policy guidance assuring that im- been answered. nization. plementation of the Kyoto Protocol will not im- As many of you know, this proposed In addition, consider that these pair or adversely affect the training or oper- headquarters is intended by the Sec- forces could be sent out over the objec- ation and maintenance of the United States retary General of the United Nations tions of the United States Congress. Armed Forces. to form the core of a standing U.N. Let me repeat, our forces could be sent I am concerned, however, that the Amend- military force; now, let me repeat that, into conflict that the Congress does ment as drafted could be ambiguous. The De- a standing U.N. military force. And the not support or approve of. partment of Defense was a leader in reducing administration has already spent a The United Nations is a forum for the use of ozone depleting substances and limited amount of funds to help estab- international policy discussion, and has received awards for its efforts from the lish the headquarters operation. should remain so. It is also not a sov- Environmental Protection Agency. In recent Now, think about this for a moment. ereign territory. It has no citizens and years DoD has made great strides in increas- The United Nations wants to create a no constitutional authority to send ing energy efficiency in military housing. it has rapidly deployable standing military U.S. troops into harm’s way. Member also invested in technologies, such as fuel force, including United States soldiers, states should make their contributions cells, that could improve military effectiveness and the administration seems to be to peacekeeping and other multilateral and reduce greenhouse gas emissions. I am willing to go along. efforts involving military forces con- supporting the amendment because I do not I have a quote from the Washington sistent with their constitutional re- believe it prevents DoD from pursuing these Times that reads, ‘‘The U.N. wants quirements in each of those countries. valuable goals. I urge the chairman to work standby forces that could be called up We should not be locked into a conflict with the Department of Defense to clarify this immediately to permit U.N. head- or a peacekeeping operation simply be- language in conference committee. quarters to tailor foreign military cause we happen to have U.S. personnel Mr. GILMAN. Mr. Chairman, I have units to suit the countries or regions in a standing U.N. army. no further requests for time, and I to which they are assigned.’’ This is not an effort to undercut the yield back the balance of my time. The U.N. complains that under cur- U.N., and I would say to the gentleman The CHAIRMAN pro tempore (Mr. rent conditions they must develop each from Missouri (Mr. SKELTON), I hope PEASE). The question is on the amend- mission from scratch after a vote by you believe this, that I am not here to ment offered by the gentleman from the Security Council, and in some bash the United Nations with what I New York (Mr. GILMAN). cases this can take too long. I think am trying to do here. I am simply say- The question was taken; and the they should have to start from scratch ing that we want to preserve this Con- Chairman pro tempore announced that on each mission to ensure nations un- gress’ prerogatives in the commitment the ayes appeared to have it. derstand their commitments thor- of United States military forces. In Mr. GILMAN. Mr. Chairman, I de- oughly. other words, for 50 years we have par- mand a recorded vote. Why should the committee support ticipated in U.N. operations around the The CHAIRMAN pro tempore. Pursu- this amendment? The answer is the world. We could continue to do that, ant to House Resolution 441, further ambiguity of the current administra- even if this amendment passes, but we proceedings on the amendment offered tion policy with regard to U.S. partici- would not have a standing U.N. army by the gentleman from New York (Mr. pation in U.N. peacekeeping and other under the command and control of the GILMAN) will be postponed. military operations. Although the ad- Secretary General of the United Na- The CHAIRMAN pro tempore. It is ministration formally denies any in- tions. now in order to consider Amendment tent to assist in the creation of a Mr. Chairman, I ask Members to vote No. 3 printed in part B of House Report standing U.N. military force, and de- for this amendment and keep U.S. 105–544. spite repeated congressional actions to forces under U.S. control. AMENDMENT NO. 3 OFFERED BY MR. HEFLEY limit or prohibit the involvement of Mr. Chairman, I reserve the balance Mr. HEFLEY. Mr. Chairman, I offer U.S. forces in many U.N. operations of my time. and any such U.N. force, the U.S. State an amendment. b 1615 The CHAIRMAN pro tempore. The Department transferred $200,000 from Clerk will designate the amendment. its voluntary peacekeeping account in Mr. SKELTON. Mr. Chairman, I yield The text of the amendment is as fol- October 1997 to fund the establishment myself such time as I may consume to lows: of the U.N. Rapidly Deployable Mission say that with sadness, I find that I Part B amendment No. 3 offered by Mr. Headquarters, the standing U.N. army. must disagree and oppose this amend- HEFLEY: Time and time again this administra- ment. Mr. Chairman, I read it. Let me At the end of title X (page 234, after line 4), tion has supported peacekeeping oper- read it to the body. ‘‘No funds available insert the following new section: ations around the world. They can con- to the Department of Defense may be SEC. 1044. PROHIBITION ON ASSIGNMENT OF tinue to still do that. But most of used to assign or detail any member of UNITED STATES FORCES TO UNITED those efforts have been controversial. the Armed Forces to duty with the NATIONS RAPIDLY DEPLOYABLE United Nations Rapidly Deployable MISSION HEADQUARTERS. Indeed, the operation in Bosnia is still No funds available to the Department of problematic, and, of course, that is not Mission Headquarters (or any similar Defense may be used to assign or detail any a U.N. operation. United Nations military operations member of the Armed Forces to duty with The simple fact is, Congress ought to headquarters).’’ This amendment could the United Nations Rapidly Deployable Mis- be involved in any decision to commit lead to disaster. H3578 CONGRESSIONAL RECORD — HOUSE May 20, 1998 First, Mr. Chairman, let me state un- or an operation that involves peace- tleman. I do not want to undermine equivocally that I am against a stand- keeping; this is going to say to the best our efforts to get others to participate, ing union army. I will repeat that. I am and brightest planners in military uni- but for 50 years we have gotten others against a United Nations standing form of the United States you cannot to participate without a standing U.N. army. That is not right. Also, thinking participate. You can send the troops army. of the words of my friend from Colo- out there, but you cannot participate The gentleman talks about us letting rado (Mr. HEFLEY), who is my good in the planning. others plan. That is the very idea. We friend, he speaks of the commitment of That is an invitation for disaster for do not want others to plan our com- the United States forces being kept some fine young Americans. One of the mand and control of our troops. They with Congress, and if he will recall, not problems that we had in Somalia, if the are not to be a standing army. If we are so long ago our colleague, the gen- gentleman remembers, was that there going to get involved with the U.N., we tleman from Indiana (Mr. BUYER) and I, was no central planning for that oper- want it to function like it has over the made that case very well, and success- ation. last 50 years. We get involved. Gen- fully, on this floor through our debate, What this amendment will allow, for erally we take the lead. Generally we and I think the gentleman from Colo- instance, it would allow the do the planning. Generally the others rado agreed with us, that the forces at Bangladeshis, the Ethiopians, the join in with us as in the Persian Gulf that time should not be deployed to Kazakhstanis, to do the planning for War to accomplish a U.N. mission. Bosnia. American forces to go out in the field. So I think the goal is the same. The So on the very basics of which the I am not about to let that happen. I am gentleman is reading into this amend- gentleman from Colorado speaks, I not about to let other people plan for ment things that I simply do not see agree, but that is not what we are pass- the American troops. That is wrong. there. ing into law. When American troops are involved, Mr. Chairman, I yield such time as he What is being passed into law is the when their safety is involved, when may consume to the gentleman from amendment that I just read. It could their mission is involved, I cannot and South Carolina (Mr. SPENCE), the create some real problems for Amer- I will not support that. chairman of the Committee on Na- ican soldiers. It could create some real I must compliment the gentleman tional Security. (Mr. SPENCE asked and was given problems for American leadership. For from Colorado (Mr. HEFLEY) in his at- permission to revise and extend his re- instance, it restricts the flexibility of tempt to stand, as I do, against a marks.) the President’s ability to detail or oth- standing in our Nation’s army. But as Mr. SPENCE. Mr. Chairman, I rise in erwise deploy U.S. military personnel so often happens, this rifle shot, Mr. support of the Hefley amendment pro- in his capacity as Commander in Chief Chairman, sadly misses the mark. hibiting the assignment of United with the advice of his military advi- In truth and fact, the U.S. forces in States Armed Forces to the United Na- sors. That is very, very important. I Korea would be affected because that tions Rapidly Deployable Mission speak not just for this President, I was and is a United Nations operation. Headquarters. speak for those future Presidents re- The troops that we have, and I visited Last October, the State Department gardless of what political party to them, and I am so proud of them, in approved $200,000 from its voluntary which they belong. Macedonia on peacekeeping, watchful peacekeeping account to create a U.N. I also mention the fact that it would duty, no American military personnel Rapidly Deployable Mission Head- undermine our efforts encouraging could plan what they do. Do we want quarters. This was the first down pay- other nations to play a greater role in those other folks to tell where they are ment in the United Nations $2.3 million U.N. peacekeeping activities. If we are going to be, what they are going to be plan for this organization. Officially, not helping plan something, and they doing and how they are going to be the purpose of this RDMH, or whatever know we are the best, and we are the doing it? No. I want Americans plan- we call it, is to set up a command and best, whether it be at planning or in ning this. control center for U.N. forces anywhere the field, it would undermine those na- I would really hope that my friend in the world. The headquarters is to tions’ confidence, playing a role in from Colorado would take a good look have 8 officers, apparently perma- those activities where we participate. at this and if he would like to have an nently detailed to the U.N., and al- But more than that, it concerns me a amendment that would say that he ready has a Canadian Army Lieutenant great deal that this amendment would stands against a standing by the Colonel who is ‘‘on loan’’ to organize prevent the best and the brightest of United Nations army, I am with the the headquarters and recruit other offi- our Armed Forces to plan with other gentleman. I think that is absolutely cers to join in. nations and to be a leading part of wrong. But let us not risk the lives of Mr. Chairman, I have no doubt that planning with those other nations in bright young Americans by not having such an arrangement could improve an operational situation. bright, a little bit older Americans, the performance and professionalism of Mr. Chairman, this would be similar plan what they are going to do in hu- U.N. peacekeeping forces, and they cer- to prohibiting the United States of manitarian or peacekeeping crisis situ- tainly need it. However, it is clear that America’s military forces from plan- ations. the U.N. continues to pursue a broader ning NATO operations. This does not So I find myself driven to the conclu- agenda, and that is the key element we prevent them from being in the field; sion that I must oppose this. are talking about here today. this does not prevent or interfere with Mr. Chairman, I reserve the balance Choi Young-Jin, the Korean dip- the Commander in Chief’s prerogatives. of my time. lomat, who is the U.N.’s Assistant Sec- This prevents good military thinking, Mr. HEFLEY. Mr. Chairman, I yield retary General for Peacekeeping, re- and we are the best. myself such time as I may consume be- cently admitted that the U.N. remains I have spent a great deal of time, as fore I yield to the chairman of the committed to establishing a standing my friend from Colorado (Mr. HEFLEY) Committee on National Security. army. The U.N.’s official spokesman will recall, with the military war col- I find it unusual that the gentleman later tried to clarify that, and said leges, both intermediate war colleges from Missouri (Mr. SKELTON) and I are that Rapidly Deployable Mission Head- such as at Fort Leavenworth and the ever in disagreement on anything, and quarters is an interim step, an interim senior war colleges such as the Na- I think it illustrates that people of step. That is exactly what we are talk- tional War College, and we put a lot of goodwill and with good reading ability ing about, since a standing army is time, effort and money into making can read the same thing and find very, ‘‘too ambitious for the time being.’’ our captains and majors and lieutenant very different meanings in it. We are looking at the long haul in commanders the best and the brightest What this is meant to do is exactly this legislation today. for planning things. We are good at it. what the gentleman said he would sup- There are also legitimate questions We are going to say to the finest mili- port, and that is not to have a standing over whether Rapidly Deployable Mis- tary planners, whether it be an oper- U.N. army. As to the gentleman’s ex- sion Headquarters represents a first ation that involves risk, or an oper- planation, I do not want all of those step toward U.N. military independ- ation that involves humanitarianism, things either, I would say to the gen- ence. It already promises to weaken May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3579 the ability of the Congress to influence or even killed. It is a deep concern of on the Committee on International Re- United States military action. The mine. lations, it is unnecessary and it is first mission of the headquarters is re- I know full well, Mr. Chairman, that harmful to our interests. It is patently ported to be in the Central African Re- on the very substance of this issue that obvious that the administration op- public to replace the French army as it the gentleman from Colorado (Mr. poses it, but I call on all my colleagues withdraws from that troubled Nation. HEFLEY) and I agree, but the wording of in this body to oppose this amendment, But just this March, Congress blocked this frankly causes me a great deal of as well. the administration’s $9.5 million re- concern. If we read this very carefully, Mr. HEFLEY. Mr. Chairman, I yield quest to pay the U.S. share of that mis- we will see that it opens a door to myself such time as I may consume. sion. Nonetheless, the administration Ukranians and Russians and Mr. Chairman, I hope the gentleman has supported the mission in the Secu- Kazakhstanis and Bangladeshis for who just spoke listened to the gen- rity Council, and now apparently the planning what our armed forces are tleman from South Carolina (Chairman Rapidly Deployable Mission Head- going to do. I cannot, I cannot, stand SPENCE) when he read the statement quarters will lead the way into the by and let that happen. from the Secretary General’s office Central African Republic. Mr. Chairman, I yield 3 minutes to which says that this is an interim step, Confronted with the charge that this the gentleman from Florida (Mr. that we cannot get the standing army headquarters represents a first step to- HASTINGS). yet, but this is the interim step. So ward a standing U.N. force, State De- (Mr. HASTINGS of Florida asked and this is the start of their idea of a partment officials do not simply deny was given permission to revise and ex- standing army. the link between the two. Indeed, they tend his remarks.) I think most of us would agree we do go further, saying that they support Mr. HASTINGS of Florida. Mr. Chair- not want a standing army. So where do the Rapidly Deployable Mission Head- man, I want to approach this subject we stop it? We stop it at the outset. Mr. HASTINGS of Florida. Mr. Chair- quarters because it does not support very carefully. First, I thank the gen- man, will the gentleman yield? the standing army concept. That does tleman from Missouri (Mr. SKELTON) Mr. HEFLEY. I yield to the gen- not make sense. This makes no sense. for yielding time to me. The gentleman from Missouri (Mr. SKELTON) and the tleman from Florida. Let me review the facts. This head- Mr. HASTINGS of Florida. Mr. Chair- gentleman from Colorado (Mr. HEFLEY) quarters unit will provide the core ca- man, I thank the gentleman for yield- pability for a U.N. standing army. The are two people that I have the greatest respect for, as I do virtually all of the ing to me. nations which support a standing army Mr. Chairman, does the gentleman Members of this institution. concept welcome this development, and think for one minute that the gen- Mr. Chairman, this particular amend- U.N. officials describe it as an interim tleman from Missouri (Mr. SKELTON) or ment, most respectfully, is attempting step toward a standing army. Think of any of the fine Members of the Com- to solve a problem that does not exist. the implications of a standing U.N. mittee on National Security or anyone We have all, at some point, been criti- army. Will they defend the United else on the Committee on International cal of the United Nations. Many have States of America against others? Relations would stand idly by and criticized the United Nations for its What part will our own Armed Forces allow that to develop? play in it in such an event? failure to respond promptly to conflict This is not a step in that direction, I overseas. Our colleagues on the Com- b say to the gentleman from Colorado 1630 mittee on National Security often (Mr. HEFLEY). I honestly think we can The lesson learned in recent years, criticize the U.N. for not having profes- stop it. The gentleman is asking for especially in places like Bosnia and So- sional military capabilities. something that is just not a problem. malia, is that the United Nations mili- However, this proposed U.N. Rapidly Mr. HEFLEY. Mr. Chairman, I would tary operations are more likely to Deployable Mission Headquarters is a say to the gentleman, we have already draw U.S. forces into a mess, rather response to these criticisms. It would put $200,000 into it, and we did not stop than to keep them out. I wonder be a very small unit in New York, it. whether the eight soldiers who are sup- staffed by a handful of U.N. employees Mr. Chairman, I yield 31⁄2 minutes to posed to form the U.N. Rapidly and personnel, on loan from member the gentlewoman from Idaho (Mrs. Deployable Mission Headquarters in states which could deploy quickly to CHENOWETH). the Central African Republic will once the field to establish communications Mrs. CHENOWETH. I thank the gen- again prove to be an advance party for links, make a survey of the ground sit- tleman from Colorado for yielding time what becomes an American operation? uation, and other commonsense steps. to me, Mr. Chairman. Time and time again the Congress This unit is not a stalking horse for a Mr. Chairman, I rise in strong sup- has passed legislation to limit the par- United Nations standing army. port of the Hefley amendment, which ticipation of United States troops in I remember reading something in the would, very simply, prohibit President U.N. missions. Only congressional vigi- Washington Times to that effect, and I Clinton from putting our troops under lance, and where necessary, preemptive think that that article in and of itself the command of a newly created action such as the Hefley amendment, was ill-advised, to suggest that the United Nations organization known as can prevent the further subcontracting military, or those of us here in Con- the Rapidly Deployable Mission Head- of American foreign security policy to gress who pay attention to the defense quarters. the United Nations. I strongly urge my and foreign policy matters, would not The U.N. Rapidly Deployable Mission colleagues to support the Hefley have the ability to understand that a Headquarters is designed to function as amendment. standing army had been created at the a worldwide command and control net- Mr. SKELTON. Mr. Chairman, I yield United Nations without our knowledge. work for U.N. forces. This new organi- myself such time as I may consume. If we want the United Nations to be zation, which is here, which is being Mr. Chairman, let me say that if more professional in its peacekeeping funded, would create a worldwide what we are really after is the same operations, and we do, I cannot under- standby army for peacekeeping oper- thing, why do we not amend this or re- stand why we would want to prohibit ations which could mobilize at any write it and say that the United States United States military personnel from time. shall not participate in a standing participating in such a unit. We would Most of my colleagues, most Mem- United Nations army? That is not what all agree, I would hope, that the United bers of Congress on both sides of the this says. States military is the finest in the aisle, would be really disturbed to I am very, very concerned that, after world. Why would we not want, on a know that the Clinton administration, the fact, we may very well find some voluntary basis, to contribute, say, a without authorization, has given the fine young Americans, as a result of communications specialist to this very U.N. $200,000 as seed money to organize not being able to plan ahead and not small unit at the United Nations? this army. That is the problem, Mr. have people planning ahead who know Mr. Chairman, I urge Members to op- Chairman, that is the problem. what they are doing, and Americans pose this amendment. In my view, and This Rapidly Deployable Mission who know what they are doing, injured in the view of several of us that serve Headquarters would report to an eight- H3580 CONGRESSIONAL RECORD — HOUSE May 20, 1998 member command unit at the United Italian forces over in Bosnia, very I think another point that we ought Nations, which functions under the proud people who spent their whole to make is, how did they get any U.N. Security Council. In other words, lives getting to the top of their profes- money already? They got it from the this is a permanent military unit sion. Defense Department. We did not even which functions directly under the con- It must have been very difficult for appropriate the money. They have al- trol of the United Nations. It appears them to say what they said, but what ready started it. They have used Amer- to be a backdoor way for creating a they said was that they could not do it ican taxpayers’ money without a direct standing army when Congress has spe- without the Americans; that when they appropriation from this Congress, and cifically prohibited U.S. support for a went in without the Americans, their it is about time we stopped that type of standing army. peacekeepers were chained to the light- legislation. That is the point. Where Mr. Chairman, I want to remind my post, and people were raped and mur- did the money come from? The Defense colleagues of the tragedy that occurred dered and tortured in front of them, to Department. It goes over into the in Mogadishu, Somalia. We might re- show them how helpless they were. All United Nations for meddling, meddling call watching in horror as the U.S. that changed when the American overseas. It is taken away, literally, Army helicopter was attacked and our troops came in. from defense. troops were dragged through the What I would like the gentleman We have a problem in this country streets, held hostage, tortured, and from Colorado (Mr. HEFLEY) and the for national defense. We have Air Force killed. gentleman from Missouri (Mr. SKEL- people who do not get flying time. Our Members might also recall that the TON) to do is I would like to see the men are not trained. We do not have multinational military unit created for amendment of the gentleman from Col- the right equipment. We continuously the Somalia engagement functioned orado (Mr. HEFLEY) move on, but I spend all our money overseas, endlessly under the control of the U.N. An inves- would hope that in the very long time getting involved in Bosnia and Soma- tigation revealed that the primary fac- we have between now and the con- lia, and wherever. tor was not centralized planning, Mr. ference committee, that the Members I think it is policy that needs to be Chairman. The primary factor which work this out so that we accomplish addressed. It is the policy that allows led to this terrible incident was the in- what I know to be the Members’ mu- our administration to do this, because ability of the various military com- tual goals. there is too much complicity in allow- manders to communicate to one an- I would simply ask the author of this ing the United Nations to assume our other because of the language barriers. amendment if he would be willing to sovereignty. They could not talk to one another. try to work with the gentleman from b 1645 If we allow another military engage- Missouri (Mr. SKELTON) on this, be- That is the point here. The American ment to function under the control of cause I am hearing the Members saying people deserve better protection. They the U.N., similar types of tragedies are way too many of the same things for us deserve better protection of their certain to happen. In fact, it happens to get involved in a fight on the floor money. They deserve better protection the creation of the Rapidly Deployable about this. of their youngsters who may get draft- Mission Headquarters could be the pre- Mr. HEFLEY. Mr. Chairman, will the ed and may get sent overseas. There is cursor to a deployment in highly un- gentleman yield? a great deal of danger in the Bosnia stable and dangerous Central African Mr. TAYLOR of Mississippi. I yield and Kosovo area, yet here we are talk- Republic. The first mission of the head- to the gentleman from Colorado. ing about starting a new U.N. organiza- quarters was reported to be in the Cen- Mr. HEFLEY. Mr. Chairman, I think tion that unfortunately dwells on the tral African Republic, to replace the the gentleman from Missouri (Mr. TAY- term and brags about rapidly French army as it withdraws from that LOR) is absolutely right. I think the deployable. That is the last thing we troubled Nation. goals of the gentleman from Missouri need from the United Nations. I would Just this March Congress blocked the (Mr. SKELTON) and me are the same as like to slow it up, but now they want administration’s $9.5 million request to the gentleman’s probably are. If we can to take away our sovereignty to go and pay the U.S. share of that mission. work out a better way to word this so get involved more easily than ever and However, by supporting the Rapidly it takes care of the concerns of the more quickly than ever. Deployable Mission Headquarters, the gentleman from Mississippi (Mr. TAY- So this is absolutely the wrong direc- Clinton administration has simply ig- LOR) and the gentleman from Missouri tion that we are going in today. This is nored the mandate by Congress not to (Mr. SKELTON), I will be happy to do a further extension of the notion that get our troops involved in the Central that. our obligation is to police the world. African Republic. That is the problem. We all do not want a standing army, We are supposed to make the world That is what this amendment is ad- that is what we are all trying to avoid. safe for democracy. Just think, since dressing, Mr. Chairman. I would pledge to work with the gen- World War II, we have not had one de- Mr. SKELTON. Mr. Chairman, I yield tleman from Missouri (Mr. SKELTON) to clared war, but we sure have been 3 minutes to the distinguished gen- see if we cannot get this wording to all fighting a lot. We have lost well over tleman from Mississippi (Mr. TAYLOR). of our satisfaction. 100,000 men killed. We have lost, we Mr. TAYLOR of Mississippi. Mr. Mr. TAYLOR of Mississippi. Mr. have had hundreds of thousands of men Chairman, I thank the gentleman for Chairman, I thank the gentleman. injured because we have a policy that yielding me the time. Mr. HEFLEY. Mr. Chairman, I yield 3 carelessly allows us to intervene in the Mr. Chairman, I find myself betwixt minutes to the gentleman from Texas affairs of other nations, and we allow and between two very, very good Mem- (Mr. PAUL) the United Nations to assume too bers of this committee, two excellent Mr. PAUL. Mr. Chairman, I thank much control over our foreign policy. Members of Congress. the gentleman for yielding time to me, It is up to the U.S. Congress to do If I listen to both of the Members, I and I would like to compliment the something about that; that is, to take find them saying almost the same gentleman for bringing this amend- away the funding. This is a great thing. They are both saying we do not ment to the floor. amendment. I cannot conceive of any- want a standing U.N. army, and I agree Mr. Chairman, I want to make a cou- body voting against this amendment with that. The difference I see is in the ple of points. One, the other side of the and pretending that this is only a little point that the gentleman from Mis- aisle has mentioned that this is only a bit. souri (Mr. SKELTON) makes, which is small amount. We are just introducing Mr. HEFLEY. Mr. Chairman, I yield 3 why, when there will be a joint oper- this idea. We are only giving a couple minutes to the gentleman from Mary- ation, when there will be a joint oper- of dollars now. It reminds me of the ar- land (Mr. BARTLETT). ation, do we prohibit the very best guments in 1913, let us have an income (Mr. BARTLETT of Maryland asked from participating? tax, but it is only going to be a frac- and was given permission to revise and Last October I had lunch with the tion of 1 percent. We know what hap- extend his remarks.) head of the British forces, the head of pened. There are plans for what they Mr. BARTLETT of Maryland. Mr. the French forces, the head of the are doing. This is the time to stop it. Chairman, our President may be a May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3581 globalist. He may genuinely believe Mr. RYUN. Mr. Chairman, I rise in mitted to establishing a standing that if we support a U.N. army that is strong support of the Hefley amend- army. stronger than the military of any ment to prohibit the assignment of The U.N.’s official spokesman later member state, that this will permit the U.S. Armed Forces to United Nations tried to clarify what Mr. Choi meant to United Nations to keep the peace in Rapidly Deployable Mission Head- say, that this rapidly deployable head- the world. This rapid response force quarters. quarters is an interim step, he said, could very easily be a first step in this It is no secret that the United Na- since a standing army is too ambitious direction. tions wants to establish a standing for the time being. In other words, one Clearly, the President means it to be army. My concern is that we may be of the leading diplomats, the Assistant a step in whatever direction he intends starting down a slippery slope toward Secretary General for Peacekeeping to go because he has given them the goal of placing our troops under said that the U.N. is committed to a $200,000. the command of the United Nations. standing army and, of course, he went I have some problem understanding U.S. troops are already deployed too far and so he tried to explain it and how he can do this because Article I, around the world to U.N. peacekeeping then he said, well, that is too ambi- section 9 of the Constitution says, ‘‘No operations, and this is very important, tious a step for right now. money shall be drawn from the Treas- which have little to do with U.S. secu- Mr. SKELTON. Mr. Chairman, will the gentleman yield? ury but in consequence of appropria- rity issues, this is also important, Mr. HEFLEY. I yield to the gen- tions made by law.’’ which have questionable success rates. tleman from Missouri. The Congress makes those appropria- These deployments are putting a Mr. SKELTON. Mr. Chairman, he is tions. We made no such appropriation. strain on our defense budget, and they absolutely wrong. I am not for that. I I do not understand how the President are also shrinking our military and am not for that at all. can give our taxpayers’ money to the they are putting our people, our mili- What bothers me is the wording of U.N. without an act of Congress. tary people in harm’s way. Our defense this amendment. I think this amend- The citizens of our country do not budget continues to decline. Readiness ment, as worded, as I explained a few support any such idea as a standing shortfalls are common. No U.S. mili- moments ago, should it become law, army or rapid response force in the tary resources should be made avail- could very well invite some real disas- United Nations. They support the Con- able to the U.N. Rapidly Deployable ters for our troops. I really think that stitution, which says very clearly, in Missions Headquarters. it can be rewritten much, much better. Article I, section 8, ‘‘The Congress If the administration is able to find Mr. HEFLEY. Mr. Chairman, the gen- shall have power to declare war.’’ money, and it is my prayer that they tleman may be absolutely right. It may The President cannot do this, and can find money, but we can use it on be able to be worded much better, but any time he sends troops in harm’s way national security, as opposed to con- if he and I believe the same thing, that it is the equivalent of a declaration of tributing money to a new U.N. project. we do not want a standing army, the war, and I submit that that is tech- I know I have plenty of military hous- way for us to assure that is to let this nically in violation of the Constitu- ing quality-of-life problems back in my amendment go ahead and progress. I tion. district which should be funded before have committed to the gentleman that Mr. Chairman, if we vote down this we spend additional taxpayer dollars I will work with him as we go through amendment, Americans will think that on new U.N. bureaucracies. this process and try to get the wording we have gone mad. If we are going to be I urge my colleagues to protect our in a way that we can both agree on. involved in military activities, we need Armed Forces from any future U.N. in- But if we kill the amendment here to do so as Americans and under the fringements and vote yes on the Hefley today on the floor of the House, then control of Americans. amendment. there is no opportunity for us to do The gentleman from Missouri made Mr. SKELTON. Mr. Chairman, I yield that. the argument that if we pass this myself such time as I may consume. Mr. Chairman, I yield back the bal- amendment that we will limit the I have made my thoughts clear, and I ance of my time. President’s ability to send our troops oppose a standing United Nations The CHAIRMAN pro tempore (Mr. hither and yon in the world. I should army. I oppose the United States mili- PEASE). The question is on the amend- hope so. I think that when he uses tax- tary forces being part of a standing ment offered by gentleman from Colo- payers’ money in sending our troops to United Nations army. What I am con- rado (Mr. HEFLEY). The question was taken; and the faraway lands where they are in harm’s cerned about is the wording in this Chairman pro tempore announced that way, that is the exact equivalent of a amendment that may cause in the long the ayes appeared to have it. declaration of war. Except in a dire run some injuries and casualties to Mr. HEFLEY. Mr. Chairman, I de- emergency, he has no right to do this. wonderful United States troops. mand a recorded vote. Americans do not want him to con- I think that is our job in this body, The CHAIRMAN pro tempore. Pursu- tinue to do this. That is Congress’s re- to support the troops. And in my small ant to House Resolution 441, further sponsibility, as defined by the Con- way, in reading this amendment and proceedings on the amendment offered stitution. the wording of this amendment, I am by gentleman from Colorado (Mr. Americans in poll after poll support standing up for American troops. HEFLEY) will be postponed. the spirit of this amendment by at Mr. Chairman, I yield back the bal- SEQUENTIAL VOTES POSTPONED IN COMMITTEE least 4 to 1. This amendment does not ance of my time. OF THE WHOLE say we cannot participate in planning Mr. HEFLEY. Mr. Chairman, I yield The CHAIRMAN pro tempore. Pursu- or in execution. It simply says, our in- myself such time as I may consume. ant to House Resolution 441, proceed- volvement will not be automatic be- In summary, again, I think the gen- ings will now resume on those amend- cause we are a member of some rapid tleman from Missouri (Mr. SKELTON) ments on which further proceedings response force. It says that we will de- and I are on the same track. We inter- were postponed in the following order: cide each time what is in our best na- pret the wording of this amendment a Amendment No. B–1 offered by the tional interest. little differently. I think we are on the gentlewoman from New York (Mrs. The amendment does not prohibit same track as to what we want to do. LOWEY); amendment No. B–2 offered by joint operations. It simply says that I hope that we can work this out. the gentleman from New York (Mr. when we are involved, we will decide Let me just read again a brief para- GILMAN); amendment No. B–3 offered and we will control. graph that the gentleman from South by the gentleman from Colorado (Mr. Mr. Chairman, this is a very common Carolina (Mr. SPENCE) emphasized: HEFLEY). sense amendment which Americans Choi Young-Jin, the Korean diplomat The Chair will reduce to 5 minutes overwhelmingly support. We must sup- who is the U.N.’s Assistant Secretary the time for any electronic vote after port it here also. General for Peacekeeping, recently ad- the first vote in this series. Mr. HEFLEY. Mr. Chairman, I yield 3 mitted that the U.N. remains commit- AMENDMENT NO. B–1 OFFERED BY MRS. LOWEY minutes to the gentleman from Kansas ted to establishing a standing army. The CHAIRMAN pro tempore. The (Mr. RYUN). Now get that, the U.N. remains com- pending business is the demand for a H3582 CONGRESSIONAL RECORD — HOUSE May 20, 1998 recorded vote on the amendment of- Calvert Hyde Pitts duce to a minimum of 5 minutes the Camp Inglis Pombo fered by the gentlewoman from New Canady Istook Portman period of time within which a vote by York (Mrs. LOWEY) on which further Cannon Jenkins Poshard electronic device will be taken on each proceedings were postponed and on Chabot John Quinn amendment on which the Chair has which the noes prevailed by voice vote. Chambliss Johnson, Sam Radanovich postponed further proceedings. Chenoweth Jones Rahall The Clerk will redesignate the Christensen Kanjorski Redmond AMENDMENT OFFERED BY MR. GILMAN amendment. Coble Kaptur Regula The CHAIRMAN pro tempore. The The Clerk redesignated the amend- Coburn Kasich Riggs Collins Kildee Riley pending business is the demand for a ment. Combest Kim Roemer recorded vote on the amendment of- RECORDED VOTE Cook King (NY) Rogan fered by the gentleman from New York Cooksey Kingston Rogers (Mr. GILMAN) on which further proceed- The CHAIRMAN pro tempore. A re- Costello Klink Rohrabacher corded vote has been demanded. Cox Klug Ros-Lehtinen ings were postponed and on which the A recorded vote was ordered. Crane Knollenberg Royce ayes prevailed by voice vote. Crapo Kucinich Ryun The Clerk will redesignate the The vote was taken by electronic de- Cubin LaFalce Salmon vice, and there were—ayes 190, noes 232, Cunningham LaHood Sanford amendment. not voting 10, as follows: Danner Largent Saxton The Clerk redesignated the amend- Davis (VA) Latham Scarborough ment. [Roll No. 171] Deal LaTourette Schaefer, Dan AYES—190 DeLay Lazio Schaffer, Bob RECORDED VOTE Diaz-Balart Lewis (CA) Sensenbrenner The CHAIRMAN pro tempore. A re- Abercrombie Frost Morella Dickey Lewis (KY) Sessions Ackerman Furse Nadler corded vote has been demanded. Doolittle Linder Shadegg Allen Gejdenson Neal Doyle Lipinski Shimkus A recorded vote was ordered. Andrews Gephardt Obey Dreier Livingston Shuster The vote was taken by electronic de- Baesler Gilchrest Olver Duncan LoBiondo Skeen Baldacci Gilman Owens vice, and there were—ayes 420, noes 1, Dunn Lucas Skelton Barrett (WI) Gordon Pallone not voting 11, as follows: Ehlers Manton Smith (MI) Bass Green Pascrell Emerson Manzullo Smith (NJ) [Roll No. 172] Becerra Greenwood Pastor English Mascara Smith (OR) Bentsen Gutierrez Payne AYES—420 Ensign McCollum Smith (TX) Berman Hastings (FL) Pelosi Everett McCrery Smith, Linda Abercrombie Coble Furse Bishop Hefner Pomeroy Forbes McDade Snowbarger Ackerman Coburn Gallegly Blagojevich Hilliard Porter Fossella McHugh Solomon Aderholt Collins Ganske Blumenauer Hinchey Price (NC) Fox McInnis Souder Allen Combest Gejdenson Boehlert Hinojosa Pryce (OH) Gallegly McIntosh Spence Andrews Condit Gekas Bonior Hooley Ramstad Ganske McIntyre Stearns Archer Conyers Gephardt Bono Horn Rangel Gekas McKeon Stenholm Armey Cook Gibbons Boswell Houghton Reyes Gibbons McNulty Stump Bachus Cooksey Gilchrest Boucher Hoyer Rivers Gillmor Metcalf Stupak Baesler Costello Gillmor Boyd Jackson (IL) Rodriguez Goode Mica Sununu Baker Cox Gilman Brown (CA) Jackson-Lee Rothman Goodlatte Moakley Talent Baldacci Coyne Goode Brown (FL) (TX) Roukema Goodling Mollohan Tauzin Ballenger Cramer Goodlatte Brown (OH) Jefferson Roybal-Allard Goss Moran (KS) Taylor (MS) Barcia Crane Goodling Campbell Johnson (CT) Rush Graham Myrick Taylor (NC) Barr Crapo Gordon Capps Johnson (WI) Sabo Granger Nethercutt Thornberry Barrett (NE) Cubin Goss Cardin Johnson, E.B. Sanchez Gutknecht Neumann Thune Barrett (WI) Cummings Graham Castle Kelly Sanders Hall (OH) Ney Tiahrt Bartlett Cunningham Granger Clayton Kennedy (MA) Sandlin Hall (TX) Northup Traficant Barton Danner Green Clement Kennedy (RI) Sawyer Hamilton Norwood Upton Bass Davis (FL) Greenwood Clyburn Kennelly Schumer Hansen Nussle Walsh Becerra Davis (IL) Gutierrez Condit Kilpatrick Scott Hastert Oberstar Wamp Bentsen Davis (VA) Gutknecht Conyers Kind (WI) Serrano Hastings (WA) Ortiz Watkins Bereuter Deal Hall (OH) Coyne Kleczka Shaw Hayworth Oxley Watts (OK) Berman DeFazio Hall (TX) Cramer Kolbe Shays Hefley Packard Weldon (FL) Berry DeGette Hamilton Cummings Lampson Sherman Herger Pappas Weldon (PA) Bilbray Delahunt Hansen Davis (FL) Lantos Sisisky Hill Parker Weller Bilirakis DeLauro Hastert Davis (IL) Leach Skaggs Hilleary Paul Weygand Bishop DeLay Hastings (FL) DeFazio Lee Slaughter Hobson Paxon Whitfield Blagojevich Deutsch Hastings (WA) DeGette Levin Smith, Adam Hoekstra Pease Wicker Bliley Diaz-Balart Hayworth Delahunt Lewis (GA) Snyder Holden Peterson (MN) Wolf Blumenauer Dickey Hefley DeLauro Lofgren Spratt Hostettler Peterson (PA) Young (AK) Blunt Dicks Hefner Deutsch Lowey Stark Hulshof Petri Young (FL) Boehlert Dingell Herger Dicks Luther Stokes Hunter Pickering Boehner Dixon Hill Dingell Maloney (CT) Strickland Hutchinson Pickett Bonilla Doggett Hilleary Dixon Maloney (NY) Tanner Bonior Dooley Hilliard Doggett Markey Tauscher NOT VOTING—10 Bono Doolittle Hinchey Dooley Martinez Thomas Borski Doyle Hinojosa Edwards Matsui Thompson Bateman Gonzalez Stabenow Carson Harman Wise Boswell Dreier Hobson Ehrlich McCarthy (MO) Thurman Boucher Duncan Hoekstra Engel McCarthy (NY) Tierney Clay Meeks (NY) Ewing Murtha Boyd Dunn Holden Eshoo McDermott Torres Brady Edwards Hooley Etheridge McGovern Towns b 1716 Brown (CA) Ehlers Horn Evans McHale Turner Brown (FL) Ehrlich Hostettler Farr McKinney Velazquez The Clerk announced the following Brown (OH) Emerson Houghton Fattah Meehan Vento pair: Bryant Engel Hoyer Fawell Meek (FL) Visclosky On this vote: Bunning English Hulshof Fazio Menendez Waters Burr Ensign Hunter Filner Millender- Watt (NC) Ms. Stabenow for, with Mr. Ewing against. Burton Eshoo Hutchinson Foley McDonald Waxman Mr. GEKAS and Mr. LAZIO of New Buyer Etheridge Hyde Ford Miller (CA) Wexler Callahan Evans Inglis Fowler Miller (FL) White York changed their vote from ‘‘aye’’ to Calvert Everett Istook Frank (MA) Minge Woolsey ‘‘no.’’ Camp Farr Jackson (IL) Franks (NJ) Mink Wynn Mr. KIND and Mrs. CLAYTON Campbell Fattah Jackson-Lee Frelinghuysen Moran (VA) Yates Canady Fawell (TX) changed their vote from ‘‘no’’ to ‘‘aye.’’ Cannon Fazio Jefferson NOES—232 So the amendment was rejected. Capps Filner Jenkins Aderholt Bartlett Bonilla The result of the vote was announced Cardin Foley John Archer Barton Borski as above recorded. Castle Forbes Johnson (CT) Armey Bereuter Brady Chabot Ford Johnson (WI) Bachus Berry Bryant ANNOUNCEMENT BY THE CHAIRMAN PRO Chambliss Fossella Johnson, E. B. Baker Bilbray Bunning TEMPORE Chenoweth Fowler Johnson, Sam Ballenger Bilirakis Burr The CHAIRMAN pro tempore (Mr. Christensen Fox Jones Barcia Bliley Burton Clayton Franks (NJ) Kanjorski Barr Blunt Buyer PEASE). Pursuant to House Resolution Clement Frelinghuysen Kaptur Barrett (NE) Boehner Callahan 441, the Chair announces that it will re- Clyburn Frost Kasich May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3583 Kelly Myrick Serrano ings were postponed and on which the Walsh Weldon (PA) Wolf Kennedy (MA) Nadler Sessions Wamp Weller Young (AK) Kennedy (RI) Neal Shadegg ayes prevailed by voice vote. Watkins White Young (FL) Kennelly Nethercutt Shaw The Clerk will redesignate the Watts (OK) Whitfield Kildee Neumann Shays amendment. Weldon (FL) Wicker Kilpatrick Ney Sherman Kim Northup Shimkus The Clerk redesignated the amend- NOES—172 Kind (WI) Norwood Shuster ment. Abercrombie Hinchey Morella King (NY) Nussle Sisisky RECORDED VOTE Ackerman Hinojosa Nadler Kingston Oberstar Skaggs Allen Holden Neal Kleczka Obey Skeen The CHAIRMAN pro tempore. A re- Baesler Hooley Oberstar Klink Olver Skelton corded vote has been demanded. Baldacci Houghton Obey Klug Ortiz Slaughter A recorded vote was ordered. Barrett (WI) Hoyer Olver Knollenberg Owens Smith (MI) The vote was taken by electronic de- Becerra Hyde Ortiz Kolbe Oxley Smith (NJ) Bentsen Jackson (IL) Owens Kucinich Packard Smith (OR) vice, and there were—ayes 250, noes 172, Berman Jackson-Lee Pallone LaFalce Pallone Smith (TX) not voting 10, as follows: Blagojevich (TX) Pascrell LaHood Pappas Smith, Adam Blumenauer Jefferson Pastor Lampson Parker Smith, Linda [Roll No. 173] Bonior John Payne Lantos Pascrell Snowbarger AYES—250 Borski Johnson (CT) Pelosi Largent Pastor Snyder Boucher Johnson, E. B. Pickett Aderholt Franks (NJ) Neumann Latham Paul Solomon Boyd Kanjorski Porter Andrews Frelinghuysen Ney LaTourette Paxon Souder Brown (CA) Kennedy (MA) Price (NC) Archer Gallegly Northup Lazio Payne Spence Brown (FL) Kennedy (RI) Rahall Armey Ganske Norwood Leach Pease Spratt Brown (OH) Kennelly Rangel Bachus Gekas Nussle Lee Pelosi Stark Campbell Kildee Reyes Baker Gibbons Oxley Levin Peterson (MN) Stearns Cardin Kilpatrick Rivers Ballenger Gilchrest Packard Lewis (CA) Peterson (PA) Stenholm Clayton Kind (WI) Rodriguez Barcia Gillmor Pappas Lewis (GA) Petri Stokes Clyburn King (NY) Rothman Barr Gilman Parker Lewis (KY) Pickering Strickland Conyers Kleczka Roybal-Allard Barrett (NE) Goode Paul Linder Pickett Stump Costello Klink Rush Bartlett Goodlatte Paxon Lipinski Pitts Stupak Coyne Kolbe Sabo Barton Goodling Pease Livingston Pombo Sununu Cummings Kucinich Sanchez Bass Gordon Peterson (MN) LoBiondo Pomeroy Talent Davis (FL) LaFalce Sanders Bereuter Goss Peterson (PA) Lofgren Porter Tanner Davis (IL) Lampson Sawyer Berry Graham Petri Lowey Portman Tauscher DeGette Lantos Schumer Bilbray Granger Pickering Lucas Poshard Tauzin Delahunt Leach Scott Bilirakis Green Pitts Luther Price (NC) Taylor (MS) DeLauro Lee Serrano Bishop Gutierrez Pombo Maloney (CT) Pryce (OH) Taylor (NC) Deutsch Levin Sherman Bliley Gutknecht Pomeroy Maloney (NY) Quinn Thomas Dicks Lewis (GA) Sisisky Blunt Hall (TX) Portman Manton Radanovich Thompson Dingell Lofgren Skaggs Boehlert Hansen Poshard Manzullo Rahall Thornberry Dixon Lowey Skelton Boehner Hastert Pryce (OH) Markey Ramstad Thune Doggett Luther Slaughter Bonilla Hastings (WA) Quinn Martinez Rangel Thurman Dooley Maloney (NY) Smith, Adam Bono Hayworth Radanovich Mascara Redmond Tiahrt Doyle Manton Spratt Boswell Hefley Ramstad Matsui Regula Tierney Edwards Markey Stark Brady Hefner Redmond McCarthy (MO) Reyes Torres Ehlers Mascara Stokes Bryant Herger Regula McCarthy (NY) Riggs Towns Engel Matsui Stupak Bunning Hill Riggs McCollum Riley Traficant Eshoo McCarthy (MO) Tauscher Burr Hilleary Riley McCrery Rivers Turner Evans McCarthy (NY) Thompson Burton Hobson Roemer McDermott Rodriguez Upton Farr McDermott Thurman Buyer Hoekstra Rogan McGovern Roemer Velazquez Fattah McGovern Tierney Callahan Horn Rogers McHale Rogan Vento Fazio McHale Torres Calvert Hostettler Rohrabacher McHugh Rogers Visclosky Filner McKinney Towns Camp Hulshof Ros-Lehtinen McInnis Rohrabacher Walsh Ford Meehan Velazquez Canady Hunter Roukema McIntosh Ros-Lehtinen Wamp Frank (MA) Meek (FL) Vento Cannon Hutchinson Royce McIntyre Rothman Waters Frost Menendez Visclosky Capps Inglis Ryun McKeon Roukema Watkins Furse Millender- Waters Castle Istook Salmon McKinney Roybal-Allard Watt (NC) Gejdenson McDonald Watt (NC) Chabot Jenkins Sandlin McNulty Royce Watts (OK) Gephardt Miller (CA) Waxman Chambliss Johnson (WI) Sanford Meehan Rush Waxman Greenwood Minge Wexler Chenoweth Johnson, Sam Saxton Meek (FL) Ryun Weldon (FL) Hall (OH) Mink Weygand Christensen Jones Scarborough Menendez Sabo Weldon (PA) Hamilton Moakley Woolsey Clement Kaptur Schaefer, Dan Metcalf Salmon Weller Hastings (FL) Mollohan Wynn Coble Kasich Schaffer, Bob Mica Sanchez Wexler Hilliard Moran (VA) Yates Millender- Sanders Weygand Coburn Kelly Sensenbrenner McDonald Sandlin White Collins Kim Sessions NOT VOTING—10 Miller (CA) Sanford Whitfield Combest Kingston Shadegg Bateman Gonzalez Stabenow Miller (FL) Sawyer Wicker Condit Klug Shaw Carson Harman Wise Minge Saxton Wolf Cook Knollenberg Shays Clay Meeks (NY) Mink Scarborough Woolsey Cooksey LaHood Shimkus Ewing Murtha Moakley Schaefer, Dan Wynn Cox Largent Shuster Mollohan Schaffer, Bob Yates Cramer Latham Skeen Crane LaTourette Smith (MI) Moran (KS) Schumer Young (AK) b 1733 Moran (VA) Scott Young (FL) Crapo Lazio Smith (NJ) Morella Sensenbrenner Cubin Lewis (CA) Smith (OR) Ms. HOOLEY of Oregon changed her Cunningham Lewis (KY) Smith (TX) PRESENT—1 Danner Linder Smith, Linda vote from ‘‘aye’’ to ‘‘no.’’ Frank (MA) Davis (VA) Lipinski Snowbarger So the amendment was agreed to. Deal Livingston Snyder The result of the vote was announced NOT VOTING—11 DeFazio LoBiondo Solomon DeLay Lucas Souder as above recorded. Bateman Gonzalez Murtha Diaz-Balart Maloney (CT) Spence Carson Harman Stabenow Mr. EVERETT. Mr. Chairman, the legislation Dickey Manzullo Stearns Clay McDade Wise Doolittle Martinez Stenholm before us today represents our best efforts to Ewing Meeks (NY) Dreier McCollum Strickland fashion a defense authorization bill that meets Duncan McCrery Stump the national security requirements of the coun- b 1725 Dunn McDade Sununu try within a constrained budget. This year So the amendment was agreed to. Ehrlich McHugh Talent Emerson McInnis Tanner marks the 14th consecutive year of real de- The result of the vote was announced English McIntosh Tauzin cline in defense spending; a fact that has led as above recorded. Ensign McIntyre Taylor (MS) to the military being slashed by more than Etheridge McKeon Taylor (NC) AMENDMENT B–3 OFFERED BY MR. HEFLEY Everett McNulty Thomas one-third. As a percentage of the Gross Na- The CHAIRMAN pro tempore. The Fawell Metcalf Thornberry tional Product, this defense budget represents pending business is the demand for a Foley Mica Thune only 3 percent; the lowest level since before recorded vote on amendment No. 3 of- Forbes Miller (FL) Tiahrt World War II. Fossella Moran (KS) Traficant fered by the gentleman from Colorado Fowler Myrick Turner I raise these points as a warning. As a Na- (Mr. Hefley) on which further proceed- Fox Nethercutt Upton tion who has invested dearly to amass the H3584 CONGRESSIONAL RECORD — HOUSE May 20, 1998 greatest military in the world, we cannot con- But, Mr. Chairman, H.R. 3616 is not just for Government employees to compete, we tinue the erosion of our national security capa- about outfitting our military with the best must recognize that this is an inglorious meth- bilities without assuming greater risk in our equipment and training to meet these chal- od to show our gratitude for all their years of ability to meet the many and varied challenges lenges, it is also about doing more for our uni- public service. I believe that the Department of of America's security interests. The Joint formed men and women. H.R. 3616 includes Defense is relying too heavily on A±76, privat- Chiefs have all testified that we can still get several measures that I introduced that en- ization and other outsourcing initiatives to pro- the job done under this budget, but the associ- hances the lives of our service personnel. I vide sorely needed savings for their programs. ated risk factor to meet the national threat as- was able to obtain language that would allow I remain skeptical over the estimates that DoD sessment continues to increase. The unfunded National Guardsmen to have equal PX/BX and claims they will reap from these processes. requirements also continue to grow, amount- Commissary privileges as the active duty serv- Essentially, I am concerned that the retire- ing to $54 billion over the next 5 years accord- icemen when called up for duty during a feder- ment benefit packages of Federal employees ing to the Chiefs. These unfunded require- ally declared disaster. We learned of this in- is penalized severely for early retirement. Cur- ments range from the modernization of key equity only too well when Typhoon Paka rently, there is no provision to protect the full weapon systems, to real property maintenance struck Guam last December. Additionally, I re- receipt of benefits if the employee is displaced backlogs, to quality of life issues effecting the introduced an amendment that will authorize by a private sector worker as a result of A±76. dedicated military personnel and their families. the reimbursement for the cost of a rental car, The devastating inequity of A±76 is that a fed- In addition to these massive unmet require- after a permanent change of station transfer to eral worker who is 2 to 3 years away from re- ments, the Congressional Budget Office has a new duty station overseas under the travel tirement will lose out on a full pension through indicated that Clinton's 5-year defense budget automobile rental allowance authorized to no fault of their own. In conclusion, it is my will not even keep pace with today's mild rate service members. This provision would apply hope that the Department will seriously review of inflation. This fact broadens the defense only to service members whose motor vehicle the process to protect its loyal employees and budget problems by another $54.4 billion has not arrived by the promised shipping date. the retirement benefits that they were prom- shortfall between now and fiscal 2003. This initiative, suggested to me by Colonel ised. These sobering realities of the defense Adolf Sgambelluri of Guam, became a reality Mrs. FOWLER. Mr. Chairman, I move budget are important to note, because this ad- after working closely with Congressman STEVE that the Committee do now rise. ministration continues to task the military with BUYER and Congressman GENE TAYLOR. The motion was agreed to. countless forward deployments while failing to Mr. Chairman, the House National Security Accordingly the Committee rose; and provide the resources necessary to conduct Committee also manages a vital oversight the Speaker pro tempore (Mr. GIBBONS) these missions. The Op Tempo rate of our function over the Department of Defense. My having assumed the chair, Mr. PEASE, military personnel is at the breaking point. The colleagues and I treat this responsibility very Chairman pro tempore of the Commit- Bosnia peacekeeping mission and Operation seriously. Two oversight initiatives that I had tee of the Whole House on the State of Southern Watch in Iraq continue to sap the included in this bill are (1) to secure directive the Union, reported that that Commit- readiness accounts of the services, requiring report language that requires the Department tee, having had under consideration Congress to approve last-minute emergency of Defense to report to Congress on the rea- the bill (H.R. 3616) to authorize appro- supplemental appropriations bills to pay for sons that led to the establishment of Depart- priations for fiscal year 1999 for mili- critical training accounts depleted by these for- ment of Defense Dependents School tary activities of Department of De- eign policy forays. These trends are an indica- (DoDDS), their plan of reintegration between fense, to prescribe military personnel tion of poor management of the country's na- the DoDDS and the public school system on strengths for fiscal year 1999, and for tional defense. Guam, and report on the specific plans to con- other purposes, had come to no resolu- With that said, I must commend Chairman struct any structure on Guam for the ex- tion thereon. SPENCE and the subcommittee chairman for pressed purpose of housing DoDDS facilities f their work in crafting this bill under these dif- on Guam; and (2) to require the Department ficult circumstances. We have been able to of Defense to report to Congress their pro- NOTICE OF INTENT TO OFFER MO- provide additional funds for key weapon sys- posed plan for privatization of public (depart- TION TO INSTRUCT CONFEREES tems procurement like the UH±60 Black Hawk mental and military) owned electric and water ON H.R. 2400, BUILDING EFFI- helicopters and Javelin precision guided mis- utilities and the real property that these utilities CIENT SURFACE TRANSPOR- siles and speed up the testing and develop- are located on. The report also requires that TATION AND EQUITY ACT OF 1998 ment of the RAH±66 Comanche, while also DoD describe the criterion where such a con- Mr. MINGE. Mr. Speaker, pursuant adding critical funds to help improve and veyance will not be made on the grounds of to clause 1(c) of House Rule XXVIII, I maintain the infrastructure on our military in- national security. I worked closely with Chair- hereby notify the House of my inten- stallations. I urge all members to support the man JOEL HEFLEY on this initiative and would tion tomorrow to offer the following bill. like to thank him for his foresight in including motion to instruct House conferees on Mr. UNDERWOOD. Mr. Chairman, I join my this important initiative. H.R. 2400, Building Efficient Surface colleagues today in support of H.R. 3616, the Mr. Chairman, one note of dissent, I am not Transportation and Equity Act of 1998: FY 1999 Defense Authorization Bill. This bi- in support of this bill's provision that will man- I move the managers on the part of partisan effort has been well received and will date gender-separate training and barracks for the House at the conference on the dis- do much to ensure that the security of the all services of the armed forces during basic agreeing votes of the two Houses on United States and its territories will be pre- training. I have often commented on the grow- the bill, H.R. 2400, be instructed to en- served. ing rift in military/civilian relations. I believe sure that spending for highways and Mr. Chairman, these are dangerous times. that for 50 years the armed forces has been transit programs authorized in the con- Today, the United States is faced with multi- the most successful institution that promotes ference agreement on H.R. 2400 is fully faceted threats from all corners of the globe. inclusion of both race and gender. To reverse paid for using estimates of the Con- The list is enormous: illicit Ballistic Missile that noble history, which this measure will cer- gressional Budget Office, to reject the technology transfers from Russia and China, tainly do, is to run the risk of dangerously turn- use of estimates from any other source, North Korean and Iranian ballistic missile de- ing our military into an organization that will be to reject any method of budgeting that velopment, a potential nuclear arms race in further separated from the society that it is departs from the budget enforcement South Asia, continuing strife in Bosnia, Iraq's charged to defend. principles currently in effect, or the failure to completely comply with U.N. weap- Finally, Mr. Chairman, I am deeply con- use of the budget surplus to pay for ons inspectors, rioting, oppression, and a se- cerned with the Department of Defense's con- spending on highways or transit pro- cession crisis in Indonesia, a seemingly insur- tinuing utilization of the A±76 process in its grams. mountable international narcotrafficking prob- quest to mete out savings and increase pro- f lem and the specter of global and domestic ductivity. While I recognize that the Depart- terrorism. Our military forces are being ment can no longer conduct business the way MOTION TO INSTRUCT CONFEREES stretched to the limit, being forced to do more it had during the Cold War, it seems short- ON H.R. 2400, BUILDING EFFI- with less. These threats matched against our sighted and thankless to potentially lay off CIENT SURFACE TRANSPOR- Nation's shrinking defense budget all create a thousands of government employees who TATION AND EQUITY ACT OF 1998 tense security environment that our Nation have served for so long. Despite that the A± Mr. OBEY. Mr. Speaker, I offer a mo- must contend with. 76 process, at a minimum, provides a chance tion to instruct conferees. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3585 The SPEAKER pro tempore. The the final version of the highway bill Your effort to introduce a motion to in- Clerk will report the motion. are apparently about to adopt this struct the House conferees on H.R. 2400 not The Clerk read as follows: overblown savings estimate, even to use so-called ‘‘savings’’ from disability compensation for the highway fund is great- Mr. OBEY moves that the managers on the though neither the House nor the Sen- ly appreciated.’’ part of the House at the conference on the ate-passed highway bills included any disagreeing votes of the two Houses on the provision to cut veterans’ compensa- AMVETS, they say as follows: bill, H.R. 2400, be instructed to insist that no tion. AMVETS strongly supports your motion to provisions to prohibit or reduce service-con- What that directed scorekeeping instruct conferees on H.R. 2400 not to use nected disability compensation to veterans means in plain English is that the Con- veterans’ money to pay for these highway for smoking-related illnesses be included in gress would be able to bust the budget projects. the conference report on H.R. 2400 to offset Vietnam Veterans of America: spending for highway or transit programs. by billions of dollars and hide the fact We feel very strongly that this anti-vet- The SPEAKER pro tempore. The gen- from the general public. That is why the gentleman from Minnesota (Mr. eran provision must be stricken from the tleman from Wisconsin (Mr. OBEY) and ISTEA conference report. The fact that Con- MINGE) wants to offer the motion to- the gentleman from Wisconsin (Mr. gress is considering taking $16 billion away morrow in order to try to prevent that. PETRI) each will be recognized for 30 from veterans compensation in order to in- Meanwhile, we are trying today in crease spending in the Intermodal Surface minutes. this motion to deal with the parallel The Chair recognizes the gentleman Transportation and Efficiency Act is an af- problem. Apparently, the conferees on from Wisconsin (Mr. OBEY). front to every American who served in the Mr. OBEY. Mr. Speaker, I yield my- the transportation bill have decided to military. spend $9 billion on over 1,500 pork bar- self 5 minutes. The VFW says as follows: Mr. Speaker, this motion to instruct rel projects included in the House bill All Members of the House and Senate must conferees is very simple. It instructs and a nondetermined number of Senate certainly be aware by now of the VFW’s out- the House conferees to protect veter- pork projects, and would pay for that rage regarding the initiative to deprive vet- ans’ health care by rejecting any re- pork by cutting health care benefits for erans of the VA compensation to which they veterans. are now entitled. This callous assault on vet- duction in service-connected disability In short, Mr. Speaker, apparently the erans in need is made all the more egregious compensation to veterans for tobacco- conferees would produce a product by the fact that the resulting savings are related illnesses and then using those which would commit highway robbery being used to pay for pork-barrel spending in cuts to pay for increased highway and on veterans’ health care. the budget-busting transportation bill. transit spending. Mr. Speaker, over 50 veterans groups I have a number of other letters Mr. Speaker, we all know that when and other groups oppose these cuts in which I will submit for the RECORD. the transportation bill passed, it was a disability benefits to sick and disabled I would simply ask the House, Mr. bloated budget-busting bill that staked veterans, or to sick and disabled veter- Speaker, to vote for this amendment, a claim on more than $217 billion in ans who have legitimate service-con- and I would ask those who vote for it Federal resources for roads, bridges, nected claims. The organizations that not to do so if they then intend to and mass transit over the next 6 years, oppose this action are the Veterans of allow the conferees to come back and, 40 percent more than the levels pro- the Vietnam War; Vietnam Era Veter- through indirection, accomplish indi- vided in the previous legislation. ans Association; Vietnam Veterans of rectly what we are trying to prohibit The bill, as it left the House, is not America; the Air Force Sergeants As- directly here today. paid for at all. So it is no surprise that sociation; American Ex-Prisoners Of Mr. Speaker, this highway bill should BESTEA conferees have been strug- War; American Paraplegia Society; As- not be paid for by cutting back veter- gling for weeks to find the ways to pay sociation of the U.S. Army; Blinded ans’ compensation or veterans’ health the check now that it has to be paid. Veterans Association; Brotherhood care benefits. The House originally said Mr. Speaker, even though conferees Rally of all Veterans Organization; when it passed this bill it would not do have apparently trimmed the total tab Catholic War Veterans, U.S.A.; The En- that. The chairman of the committee on the bill to somewhere around $200 listed Association of the National put out a press release indicating that billion, it is clear that they are having Guard of the United States; Jewish he was strongly opposed to doing that. trouble finding the funds they need to War Veterans of the U.S.A.; Legion of I would hope, therefore, that the com- pay for the bill. Valor of the U.S.A.; Military Chaplains mittee would stick to their original We know that BESTEA conferees evi- Association of the U.S.A.; Military promise and not in fact allow it to hap- dently planned to use a combination of Order of the Purple Heart; National pen, what we have been told from a directed scorekeeping provisions, Amputation Foundation; National As- number of sources they intend to let smoke and mirrors, and what is the sociation for Uniformed Services; Na- happen without this motion. unkindest cut of all, a reduction in vet- tional Association of County Veterans Mr. Speaker, I include for the erans’ compensation for smoking-relat- Service Officers; National Association RECORD the letters from veterans ed illnesses. Of Military Widows; National Coalition groups referred to earlier: Mr. Speaker, the Minge amendment For Homeless Veterans; Noncommis- which has just been noticed will be of- THE AMERICAN LEGION, sioned Officers Association; Nurses Or- OFFICE OF THE NATIONAL COMMANDER, fered tomorrow because, as you know, ganization of Veterans Affairs; Polish Washington, DC, May 20, 1998. the Office of Management and Budget Legion of American Veterans; The Re- DAVID R. OBEY, has estimated that savings of $17 bil- tired Officers Association; Society Of Ranking Minority Member, House Committee on lion over 6 years could be achieved by Military Widows; U.S. Merchant Ma- Appropriations, Washington, DC. eliminating existing smoking-related DEAR REPRESENTATIVE OBEY: The Amer- rine Veterans of World War II, and so disability benefits to veterans who be- ican Legion fully supports your motion to on, and so on. came addicted to nicotine during mili- instruct House Conferees on H.R. 2400, Build- tary service but whose disability oc- b 1745 ing Efficient Surface Transportation and Eq- uity Act (BESTEA) of 1998, that insist no curred only after they left military Also I have received a number of let- provisions to prohibit or reduce service-con- service. ters today from organizations that I nected disability compensation to veterans The Congressional Budget Office has did not mention, including the Amer- for tobacco-related illnesses be included in disputed the OMB estimates. Their sav- ican Legion. I would quote briefly from the conference report on H.R. 2400 to offset ings estimates are only about $10.5 bil- some of these letters. spending for highway or transit programs. lion, and many people believe that, The letter from the American Legion Your motion would uphold Congress’ based on VA’s current claims, that says: moral, ethical and legal responsibilities with even the CBO estimate may be too regard to veterans service-connected injuries Simply put, Members who support rescind- or illnesses that resulted from addiction to high. ing future veterans benefits to pay for high- tobacco while serving in the armed forces. Nonetheless, the Senate budget reso- ways and mass transit projects should be Furthermore, your motion would uphold the lution counted the OMB savings as an ashamed of their actions. Sense of the Congress language, contained in offset for the increased highway and The Disabled Americans Veterans section 1001 in the House passed BESTEA transit spending, and the conferees on letter reads in part as follows: legislation, ‘‘to not include any provision H3586 CONGRESSIONAL RECORD — HOUSE May 20, 1998 making a change in programs or benefits ad- Thank you for your efforts on behalf of service-connected benefits. This is not a new ministered by the Secretary of Veterans Af- America’s sick and disabled veterans. benefit and it will affect more veterans than fairs.’’ Sincerely, just those suffering from smoking related ill- Simply put, members who support rescind- HARRY R. MCDONALD, Jr., nesses. We see this as a way for the Depart- ing future veterans benefits to pay for high- National Commander. ment of Veterans Affairs to begin disallow- ways and mass transit projects should be ing claims of other veterans like Atomic vet- ashamed of their actions. The American Le- VIETNAM VETERANS OF AMERICA, INC., erans, Agent Orange exposure and Persian gion appreciates your leadership, commit- Washington, DC, May 20, 1998. Gulf illnesses. Think about it, if someone has ment and dedication to ensure Congress re- Hon. DAVID OBEY, lung cancer and the VA can show that he or mains the protector and guardian of veterans Ranking Democratic Member, House Committee she smoked, they can deny the claim because benefits and not reckless financial raiders. on Appropriations, Washington, DC. they believe the cancer was caused from Sincerely, DEAR REPRESENTATIVE OBEY: On behalf of smoking. the membership of Vietnam Veterans of ANTHONY G. JORDAN, We ask you to strongly object to this pro- National Commander. America (VVA), I write to strongly support posal and we thank you for your support on your motion to instruct the House conferees this issue. on H.R. 2400, related to the provision which Sincerely, VETERANS OF FOREIGN WARS would prohibit service-connected disability JOSEPHUS C. VANDENGOORBERGH, OF THE UNITED STATES, compensation for veterans with tobacco-re- AMVETS National Commander. Washington, DC, May 20, 1998. lated illnesses. VVA feels very strongly that Hon. DAVID OBEY this anti-veteran provision MUST be strick- NON COMMISSIONED OFFICERS ASSO- U.S. House of Representatives, Washington, DC. en from the ISTEA conference report. CIATION OF THE UNITED STATES OF DEAR MR. OBEY: All members of the House The fact that Congress is considering tak- AMERICA, and Senate must certainly be aware by now ing $16 billion away from veterans compensa- Alexandria, VA, May 20, 1998. of the VFW’s outrage regarding the initia- tion programs in order to increase spending Hon. DAVID OBEY, tive to deprive veterans of the VA compensa- in the Intermodal Surface Transportation Ranking Member, Committee on Appropriations, tion to which they are now entitled for their and Efficiency Act (ISTEA) is an affront to House of Representatives, Washington, DC. smoking-related disabilities. It is for this every American who served in the military. reason that we strongly support and applaud And the fact that Congress may cut veterans DEAR MR. OBEY: The Non Commissioned your motion to instruct the Conferees to the disability compensation only days before the Officers Association of the USA (NCOA) is Transportation Bill that no savings realized national celebration of Memorial Day is an writing to state its strong support for your by prohibiting or reducing veterans service- outrage. This is outright disregard of the Motion to Instruct House Conferees on H.R. connected disability compensation be used service and sacrifice made by these veterans 2400 to insist that no provisions to prohibit to offset spending for highway or transit pro- and their families. or reduce service-connected disability com- grams. Holding a vote on your motion to instruct pensation to veterans for smoking-related conferees is the only way we can put House illnesses be included to offset spending for This callous assault on veterans in need is highway or transit programs. made all the more egregious by the fact that members on record for making this choice— This Association is outraged that a vet- the resulting savings are used to pay for pork-barrel transportation projects versus eran entitlement is proposed to be sum- pork barrel spending in the budget busting veterans disability and health care pro- marily taken away in order to offset a bill Transportation Bill. We emphasize our grams. VVA strongly urges every member of that is undeniably loaded with waste and amazement and chagrin that the language to the House of Representatives to vote for election year politics. It is NCOA’s under- change the law and deny such VA compensa- your motion, Mr. OBEY. Our members will standing that veteran’s disability compensa- tion as contained in the Transportation Con- look to this vote as a definitive indication of tion is not the only offset, and now esti- ference Report is in clear violation of House each elected House member’s support for mated at $16 billion, that is under consider- Rules. It clearly usurps the authority and ju- veterans—or lack of support. ation. It is painfully clear that veterans have risdiction of the Veterans’ Affairs Commit- VVA greatly appreciates your initiative been once again, unfairly singled out and tee. This action further violates House rules and support on behalf of our nation’s 25 mil- targeted. in that neither the House nor State version lion veterans and their families. We are very of this bill contains such a provision. hopeful that you will prevail in this effort to NCOA salutes your leadership on the Mo- insist that no provisions are included in the tion to Instruct and this Association is dedi- We are both incredulous and outraged that ISTEA conference report to prohibit or re- cated to ensuring that the veteran offset is certain lawmakers would so distort and vio- duce service-connected veterans disability not a part of the conference report on H.R. late House rules for the sole purpose of deny- benefits. 2400. ing veterans earned compensation. That the Sincerely, Sincerely, resultant savings are to be used to pay for GEORGE C. DUGGINS, LARRY D. RHEA, excessive spending brought about by their National President. Deputy Director of Legislative Affairs. own vote-buying pork is scandalous. The VFW salutes you for your courage in resist- AMVETS, ing this anti-veteran assault and pledge to BLINDED VETERANS ASSOCIATION, NATIONAL HEADQUARTERS, Washington, DC, May 20, 1998. work together with you in seeing its defeat. Lanham, MD, May 20, 1998. Sincerely, Hon. DAVID R. OBEY, Hon. DAVID OBEY, Rayburn House Office Building, JOHN E. MOON, U.S. House of Representatives, Washington, DC. Commander-in-Chief. Washington, DC. DEAR MR. OBEY: The Blinded Veterans As- DEAR REPRESENTATIVE OBEY: As you are al- sociation (BVA), strongly supports your mo- DISABLED AMERICAN VETERANS, ready aware, there is an outrageous proposal tion to instruct the House Conferees on H.R. Washington, DC, May 20, 1998. to terminate benefits for service-connected 2400. This motion, to insist that no provi- Hon. DAVID OBEY, disabled veterans to increase spending on sions to prohibit or reduce service-connected Ranking Democratic Member, House Appropria- pork barrel highway projects. We ask you to disability compensation to veterans for tions Committee, Washington, DC. vigorously oppose this scheme. AMVETS strongly supports your motion to smoking-related illnesses, has our full back- DEAR REPRESENTATIVE OBEY: Veterans ing. BVA deeply appreciates your efforts to across this Nation are outraged that Con- instruct conferees on H.R. 2400 not to use veterans’ money to pay for these highway protect Veteran’s programs and services gress would consider robbing veterans’ dis- from the egregious offset contained in the ability compensation programs to fund an al- projects. The Senate Budget Resolution and some members of the conference committee conference report. It is outrageous that Vet- ready bloated transportation program. Your eran’s programs are targeted at all for off- effort to introduce a Motion to Instruct the on Intermodal Surface Transportation Effi- ciency Act (ISTEA) want to create $10.5 bil- sets for transportation. It is even more un- House Conferees on H.R. 2400 not to use so- conscionable to learn veterans are the only called ‘‘savings’’ from disability compensa- lion in savings by eliminating compensation and resulting priority VA health care for offset contained in the Report. tion for the highway fund is greatly appre- Again we applaud your motion and will do ciated. veterans with illnesses associated with ad- diction to nicotine which occurred during all we can to assure its adoption. On behalf of the more than one million military service. Very sincerely, members of the Disabled American Veterans Denying these benefits is an unprecedented THOMAS H. MILLER, (DAV), I commend you for your efforts to move. But worse, many in the House and Executive Director. protect veterans and their dependents and Senate want to use the $10.5 billion as offsets survivors. Mr. Speaker, I reserve the balance of to increase highway spending above levels my time. We will be calling upon all DAV and Auxil- set last year in the Balanced Budget Act. iary members to contact their elected offi- Supporters of this ‘‘grab’’ for veterans dol- Mr. PETRI. Mr. Speaker, I yield 11⁄2 cials to encourage their Representative to lars have spread many false and misleading minutes to the gentleman from Ari- support your motion. facts about the impact of terminating these zona (Mr. HAYWORTH). May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3587 Mr. HAYWORTH. Mr. Speaker, I pleased so many want to join us again freedoms enjoyed by few others and envied thank both my colleagues from Wis- in restating our intent to say that vet- by most. It is our Nation's veterans to whom consin, because a bit of recent history erans’ funds are off limits. I have no we are all indebted for the freedoms we enjoy may be in order here. quarrel with that with the gentleman, and too often take for granted. While I strongly Mr. Speaker, I appreciate the efforts but, again, we may differ on our inter- support the reauthorization of the Intermodal of my friend on the other side of the pretations of history. I came to the Surface Transportation Efficiency Act of 1998, aisle, the gentleman from Wisconsin well of this House and offered this our Nation can pay for new roads without (Mr. OBEY), to restate what essentially amendment specifically for this reason. committing highway robbery of veterans bene- we have done. To the extent my friend wants to join fits. I would remind the House, Mr. me now and restate it in a motion to In recent weeks, an aggressive print and Speaker, that in passing the rule for instruct conferees, I welcome that. radio advertising campaign by leading veter- the authorization bill there was a self- Mr. OBEY. Mr. Speaker, I yield my- ans groups has pleaded with Congress to not executing amendment sponsored by self 30 seconds. ``rob our veterans again!'' to offset major myself, by the chairman of the Com- Mr. Speaker, again, I find that to be spending increases for highway and transpor- mittee on Veterans’ Affairs, the gen- an irrelevancy. The fact is that my tation programs. tleman from Arizona (Mr. STUMP), and only concern with the gentleman’s re- The concerns expressed by these veterans my colleague the gentleman from marks relates not to his position on advocates are unfortunately all too real. Washington (Mr. REDMOND) celebrating veterans’ health care. It did relate to The Congressional Budget Office [CBO] has his one year anniversary of service in the gentleman’s description of the vote estimated that spending for veterans benefits this House today. against the rule, which was, in my will be reduced by $10.5 billion over the next Perhaps this will afford other Mem- view, a very large misdescription. 5 fiscal years by eliminating existing smoking- bers who perhaps failed to vote for the Mr. Speaker, I yield 3 minutes to the related disability benefits to veterans able to rule an opportunity to join with us to distinguished gentleman from Illinois, show they became addicted to nicotine while stand firm to protect veterans’ pro- (Mr. EVANS) the ranking Democrat on in the military. Terminating this benefit and grams, as we stated in the rule. So, in the Committee on Veterans’ Affairs. using these ``savings'' to offset nonveteran that spirit of bipartisanship, if this (Mr. EVANS asked and was given major spending increases is, in plain terms, a would afford Members who avoided vot- permission to revise and extend his re- money grab at the expense of veterans. And ing for the rule on authorization, if marks and include extraneous mate- it stands a good chance of succeeding unless they want a second bite at the apple, rial.) the Republican leadership takes action during Mr. EVANS. Mr. Speaker, I rise in well, that is fine, because it also re- negotiations over the long overdue highway support of the motion offered by the states the intent of a majority of us bill in the coming days to prevent this daylight gentleman from Wisconsin (Mr. OBEY). who have gone on record in this House robbery. with a vote to say absolutely, keep vet- Mr. Speaker, there are many reasons for my Congress should reject a transportation erans’ programs intact; do not even support for the motion to instruct the con- funding approach which effectively ends an contemplate spending any of that ferees on H.R. 2400, offered by the gentleman existing veterans benefit. With the Congres- money. from Wisconsin, Mr. OBEY, the ranking Demo- sional Budget Office [CBO] projecting a sur- So, in that sense I am very grateful if cratic member of the House Committee on Ap- plus of as much as $63 billion for this fiscal Members from the other side want to propriations. These reasons include the follow- yearÐinstead of the $15 billion projected join with us, and perhaps some of those ing: when the House approved its version of the Members have reconsidered their no- As approved by the House, H.R. 2400 con- highway billÐit's simply not necessary to tion with the rule. So I say thank you, tained a provision to prevent a reduction in or eliminate a veterans' benefits to provide much- and I look forward to having so many the elimination of any current veterans benefit needed funds for roads and bridges. other Members stand with us. to provide ``savings'' needed to pay for or off- Mr. OBEY. Mr. Speaker, I yield my- set an increase in spending for highways and If this daylight robbery is permitted to hap- self one minute. transit programs authorized by H.R. 2400. The pen, sick and disabled veteransÐunlike recipi- Mr. Speaker, I would simply say that language of H.R. 2400 as approved by the ents of Social Security disability benefitsÐ despite that interesting rewrite of his- House and the intent of the House on this would no longer be eligible for compensation tory on the rule, the fact is a good issue is not in doubt. benefits for nicotine addiction and resulting ill- many of us, you bet, did vote against Recently, the chairman of the House Veter- nesses. This, despite the undeniable role our the rule on the highway bill because ans Affairs Committee, the gentleman from Ar- Government and tobacco companies have that rule provided for the consider- izona, BOB STUMP, and I sent a letter to played facilitatingÐif not encouragingÐveter- ation of a bill which spent over $200 bil- Speaker GINGRICH, Minority Leader GEPHARDT ans to smoke during their military service. lion without telling the country in the and every House member of the Conference Total cigarette sales soared in the 1940's. slightest where they were going to get Committee on H.R. 2400. Twenty-two of our During what a 1949 Fortune magazine article the money to pay for the excess in that colleagues who are Members of the House called ``the war boom in cigarette demand,'' to- bill. Committee on Veterans Affairs joined us in bacco giant Philip Morris recorded record So the fact is, Mr. Speaker, that be- sending those letters. I ask that the text of sales in the fiscal year ending March 31, cause that rule was self-executing, these letters be included in the RECORD as 1945. Nearly one-third of its sales went to our Members never had a chance to vote part of my statement. Nation's Armed Forces. specifically on that provision. We are Our letters to Speaker GINGRICH, Minority As many as 75 percent of our World War II certainly giving them one now. Leader GEPHARDT and every House member veterans began smoking during their military But do not kid yourself, the vote on of the Conference Committee reaffirmed the service, a number perhaps not surprising the rule was cast against that rule by provisions in H.R. 2400 as approved by the given that cigarettes were routinely distributed most Members of the House who voted House which prevents a reduction in or the free of charge to members of the Armed against it because of our objection to elimination of any current veterans benefit to Forces as part of their ``C-rations.'' Military ex- the sleight-of-hand approach by which provide ``savings'' needed to pay for highways changes sold cigarettes at dramatically re- the committee was going to be able to and transit programs authorized by H.R. 2400. duced prices. From the time of the Civil War bring a bill to the House floor without Additionally, as our letters note, measures until 1956, the Army was required by law to saying how its budget-busting was relating to veterans benefits under the rules of provide a cheap and nearly endless supply of going to be paid for. the House are, generally, within the jurisdiction tobacco to its enlisted men. I make no apology whatsoever for the of the Committee on Veterans' Affairs, not the During my own service as an enlisted Ma- Members who voted against that rule. Committee on Transportation and Infrastruc- rine in the Vietnam-era, smoke breaks and It was the right thing to do from the ture. I am sure the chairman of the Committee ``smoke `em if you got `em'' was the way of standpoint of protecting the taxpayers. on Transportation and Infrastructure under- military life. Mr. Speaker, I yield 30 seconds to the stands that the jurisdiction of that committee Given this backdrop, it's not hard to under- gentleman from Arizona. does not include veterans' matters. stand how many veterans began smoking and Mr. HAYWORTH. Mr. Speaker, I Our country is the most wealthy nation on developed an addiction to nicotine during their want to state for the record that I am the face of the planet. We enjoy liberties and military service. In my view, and in the view of H3588 CONGRESSIONAL RECORD — HOUSE May 20, 1998 many who served, they did so in large part be- time ago. It is far more important than ethical and legal responsibilities with cause our Government and tobacco compa- this in the transportation bill which regard to veterans service-connected nies made cigarettes so accessible and easy some are demagoging. injuries or illnesses that resulted from to smoke. Mr. OBEY. Mr. Speaker, I yield four addiction to tobacco while serving in But while common sense and the current minutes to the distinguished gen- the armed forces.’’ public debate over tobacco would suggest that tleman from Texas (Mr. EDWARDS), the Let us listen to the voice, Mr. Speak- our Government should own up to its respon- former ranking member of the Sub- er, of America’s AMVETS. ‘‘This is not sibilities to American veterans on this issue, committee on Veterans’ Health Care. a new benefit and it will affect more Washington politics has unnecessarily clouded Mr. EDWARDS. Mr. Speaker, it is veterans than just those suffering from this issue for some Members of Congress. not good enough for Members of Con- smoking-related illnesses.’’ They go on In an era where most people are now willing gress to just honor veterans on Veter- in their letter to support Mr. Obey’s to concede that the tobacco industry is at least ans Day and Memorial Day. We should motion. partly to blame for marketing to vulnerable honor them today, now, with this vote. Finally, let us hear from the voice of populations and for concealing the dangers of Veterans may appreciate our speeches blinded Americans, the Blinded Veter- smoking from the public at large, some in next week on Memorial Day, but today ans Association. Its director, Thomas Congress apparently believe America's veter- veterans need and they deserve our Miller, said this: ‘‘The Blinded Veter- ans singularly had a unique ability to accu- vote. ans Association strongly supports,’’ rately foresee the consequences of their to- Today we have a choice. It is a clear Mr. Obey, ‘‘your motion to instruct the bacco use. At a time when documents uncov- choice. We can choose to defend veter- House conferees on H.R. 2400. ered during recent tobacco litigation confirm ans’ health care programs or we can b 1800 vote in a few moments to allow mil- long-held suspicions that for years big tobacco ‘‘It is outrageous that veterans’ pro- lions, if not billions of health care dol- knowingly concealed the dangers of smoking grams are targeted at all for offsets for lars going to veterans to be spent on from the public, the administration and some transportation. It is even more uncon- our highway program. Personally, I in Congress appear poised to take the hypo- scionable to learn veterans are the think it would be a sad day if less than critical view that veteransÐunlike other Ameri- only offset contained in the report.’’ cansÐshould have known better than to be- one week before Memorial Day this Mr. Speaker, I hope in a few mo- come addicted to nicotine during their military House votes to allow veterans’ health ments the Members of this House, most service. benefits to be cut. of whom will go home to speak with Veterans deserve the benefit of the doubt, But, Mr. Speaker, the voice that veterans on Memorial Day, will listen not the short end of the stick, on this issue. needs to be heard today on the floor of now to the voices of our veterans who The conferees on the highway bill should stick this House is not my voice. The voice have served our country. to House language which, as Transportation that deserves to be heard is the voice of Mr. PETRI. Mr. Speaker, I reserve Committee Chairman BUD SHUSTER (R-PA) our Nation’s veterans. the balance of my time. says, ``does not touch veterans benefits.'' Vet- Let me turn to several of the letters, Mr. OBEY. Mr. Speaker, do I have erans programs or benefits should not be some of which were referred to by the the right to close? used to offset spending increases in the high- gentleman from Wisconsin (Mr. OBEY) The SPEAKER pro tempore (Mr. GIB- way bill. There are better ways to pave roads in his comments. BONS). The gentleman from Wisconsin than to break the promises we as a nation First, the Vietnam Veterans of (Mr. OBEY) has the right to close. have made to America's veterans. America said this: ‘‘On behalf of the Mr. PETRI. Mr. Speaker, I yield my- Mr. PETRI. Mr. Speaker, I yield 2 membership of Vietnam Veterans of self such time as I may consume. minutes to our distinguished colleague, America, I write to strongly support Let me be very brief, and perhaps the gentleman from California (Mr. your motion to instruct the House con- those speakers will not be back by the CUNNINGHAM). ferees on H.R. 2400. The fact that Con- time I finish and we can wrap it up Mr. CUNNINGHAM. Mr. Speaker, it gress may cut veterans disability com- with concluding remarks. is always interesting, those that say pensation only days before the national Mr. Speaker, I want to report that they want to save taxpayer dollars, for celebration of Memorial Day is an out- the bipartisan leadership of our com- 40 years big government, higher taxes, rage. This is outright disregard of the mittee, the gentleman from Wisconsin more spending. I even remember a $16 service and sacrifice made by these (Mr. OBERSTAR) and the gentleman billion pork-barrel package when the veterans and their families.’’ from West Virginia (Mr. RAHALL), as Democrats were in power for parking Signed by George Duggins, National well as myself and the gentleman from garages in Puerto Rico and sickle fin President of Vietnam Veterans of Pennsylvania (Mr. SHUSTER), our chair- fishes in dictionaries. America. man, have been working hard in a num- But that is not the issue at hand. The The Veterans of Foreign Wars of the ber of conference meetings, not of the issue is veterans’ health care. The United States, signed by Mr. John full conference, but of the leadership of FEHBP is a far bigger issue than to pay Moon, Commander-in-chief, said this: the full committee in the House and for smoking for our veterans. Right ‘‘We are both incredulous and outraged the other body. As the dean of my dele- now, civilians have the right to a wrap- that certain lawmakers would so dis- gation knows, conferences are a very around program when they come under tort and violate House rules for the difficult thing involving a lot of give Medicare and they can take up FEHBP. sole purpose of denying veterans and take, and we appreciate the advice The same person in an office in the earned compensation.’’ of our colleagues as we attempt to Pentagon, a secretary gets that but Mr. Speaker, let us listen to the work things out. We certainly are very someone in the military does not get voice of Disabled American Veterans, aware of the concern that we all share FEHBP. veterans who have continued to pay that we are fair to the veterans of our There is going to be a bill on the the price of war long after the ceasefire country. floor that really helps, instead of a was concluded. Harry McDonald, Na- The bill is close to being concluded, Band-Aid, fix FEHBP. Many of us tional Commander of DAV, said this: but not there. The amendment that has under the Watts-Moran bill want the ‘‘We will be calling upon all DAV and been offered, or the motion to instruct $100 million the first year and then to Auxiliary members to contact their that has been offered before us is one be escalated. That takes away a Band- elected officials to encourage their that is helpful in that the structure of Aid fix. Representative to support your mo- any offset has not been determined. If you are really interested in helping tion,’’ the Obey motion. There are negotiations going on with the military, let us not only vote for Mr. Speaker, let us listen to the OMB and the other body and a variety the manager’s amendment, let us sup- Members of the American Legion, An- of people to try to see if we cannot be port it and let us increase it. That will thony Jordan, National Commander: sure that there are some improvements add to TRICARE, it will help sub- ‘‘The American Legion fully supports,’’ for our veterans in this bill if they are vention, it will help Medicare for the Mr. Obey, ‘‘your motion to instruct dealt with at all. military, and it will give them FEHBP House conferees on H.R. 2400. Your mo- We were under instructions to try to which they should have gotten a long tion would uphold Congress’ moral, stick within the budget agreement, not May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3589 use any offsets that could not be de- funds by the same long-term cutbacks er commitment to transportation in- fended, and to minimize, to the extent in veterans’ health care. We are told frastructure development and certainly we possibly can, offsets that the ad- that that is virtually the only item at to highways. I take a back seat to no ministration had indicated they were this point that has been tentatively one in placing highways as a high pri- going to come forward with through agreed to by the conferees. ority on my scale, but they are not my their budget process for other pro- Now, that is why we are bringing this only priority, and I certainly would not grams. motion, because we have moved from rank them above veterans’ health care. In that spirit, we have cut back sig- the general concern to the specific. I find it especially disturbing that nificantly on the size of this bill. When I would ask every Member of this these veterans’ health care cuts appar- it passed the House it was at $217 bil- House who cares about our commit- ently are being contemplated in order lion, it is currently being contemplated ment to veterans to vote for this mo- to pay for a record number of special and scored at about $200 billion over 6 tion, but I would ask the committee projects for Members and their dis- years, all of which would come in gas not to accept this motion if they in- tricts. tax revenue, paid at the pump for tend to accept it, pat the House on the NOTICE OF INTENTION TO OFFER MOTION TO IN- transportation by the American motor- head, simply give Members a vote to STRUCT ON H.R. 2400, BUILDING EFFICIENT SUR- ists. The actual scoring effort should cover their tails on veterans’ health FACE TRANSPORTATION AND EQUITY ACT OF mean that we would be within that fig- care issues, and then proceed to come 1998 ure, but still keep the principle that back to the House with a bill that does Mr. OBEY. Mr. Speaker, before I new money coming in in user fee reve- something similar to what we are try- yield back the remainder of my time, nues be used to try to make our high- ing to prohibit in this motion. pursuant to clause 1(c) of House rule ways more safe, save lives and improve If we intend to in fact reduce benefits XXVIII, I hereby notify the House of our Nation’s competitiveness. for veterans, then do not, I would say my intention tomorrow to offer the fol- Again, these motions can be offered to the committee, encourage Members lowing motion to instruct House con- to conferences. They have been offered to vote for this motion today. Let us ferees on H.R. 2400, Building Efficient in the past by members of my party play it on the square. This motion Surface Transportation and Equity Act when the roles were reversed, and we should be passed and the conferees of 1998. appreciate the concern that the motion should not, in fact, bring a bill back to To wit: I move that the managers on represents, and it is a give and take the House which does violence to the the part of the House at the conference process. We are going to do the best we instruction contained therein. on the disagreeing votes of the two can, but we are going to try to come Mr. EDWARDS. Mr. Speaker, will the Houses on the bill, H.R. 2400, be in- back with a product at the end of the gentleman yield? structed to limit the aggregate number day that is an improvement over cur- Mr. OBEY. I yield to the gentleman of earmarked highway demonstration rent law and that all Members will be from Texas. projects included in the conference re- proud to support. Mr. EDWARDS. Mr. Speaker, if I port on H.R. 2400 to a number that does Mr. Speaker, I yield back the balance could just ask the distinguished gen- not exceed the aggregate number of of my time. tleman one question. In my 8 years in such highway demonstration projects Mr. OBEY. Mr. Speaker, how much the House, I do not think there has earmarked during the 42 years since time do I have remaining? been anything close to a proposed $15 the enactment of the Highway Trust The SPEAKER pro tempore. The gen- billion cut in veterans’ programs. I Fund in 1956. tleman from Wisconsin (Mr. OBEY) has know the gentleman has been here a In other words, I do not believe that 16 minutes remaining. number of years longer than I have, veterans’ health care should be cut Mr. OBEY. Mr. Speaker, I do not in- and my question to the gentleman back in order to provide funding for the tend to use all the time, but let me would be, in all of the years he has amount of highway projects which ex- yield myself such time as I may con- been in this body, has there ever been ceeds the total of all special projects sume to simply recount what is hap- a proposal passed that would have cut provided in that bill in the 42 years pening here. as much as $15 billion out of veterans’ since the enactment of the Highway When this bill first came to the floor, health care programs? Trust Fund. a number of us warned at the time that To my knowledge, that has never oc- Having given that notice, I would if the rule was adopted for the consid- curred, and if that is true, what the urge an ‘‘aye’’ vote on this motion. eration of the bill, and if the bill was gentleman is basically trying to stop Mr. RODRIGUEZ. Mr. Speaker, I rise in passed, we would set in motion a series today and what Members are going to strong support for the Motion to Instruct Con- of events that would be totally unpre- vote on in just a minute is whether or ferees offered by the gentleman from Wiscon- dictable. The bill did not tell us how not they want to allow the largest sin- sin, Mr. OBEY. the overage, above the amount allowed gle cut in our time for veterans’ health This motion instructs BESTEA conferees not in the budget that this Congress so vo- care benefits. to cut benefits for veterans to pay for the ciferously adopted last year, the bill Mr. OBEY. Mr. Speaker, reclaiming transportation bill. did not tell us how that overage would my time, I would simply say to the The House already agreed with this position be paid for; it left it silent. We warned gentleman from Texas, I certainly do last month when we passed H.R. 2400. Our at the time the bill was being consid- not know of any time in the time that version of BESTEA included language that ered that there were rumors that it I have been in this Congress when we called for any increased spending by con- would be paid for by reductions in vet- have even contemplated reducing vet- ferees not change any veterans programs. erans’ health care; we warned that erans’ benefits by such a large amount, I believe in BESTEA. I voted for BESTEA. there were also rumors that it might and I would hope that we see nothing I think a strong transportation system is vital to be paid for, in part, by eliminating the like that in the bill that is being re- our continued economic development and our President’s education initiatives, and ported by the committee, or that will national security. we urged Members not to vote for a bill be reported by the committee very However, we owe a debt to our veterans. until they knew where the money was shortly. We cannot let them down by denying currently coming from to pay for it. The House Mr. EDWARDS. Mr. Speaker, if the available benefits to fund even the worthiest disregarded those warnings and they gentleman would further yield, I appre- projects. voted for the bill. ciate the gentleman’s comments and The transportation bill is not the place to Now, we are being told by many his leadership in defending veterans modify veterans benefits. That is an issue sources that the conferees in fact do in- programs. under the jurisdiction of the Veterans' Affairs tend to pay for the excess above the Mr. OBEY. Mr. Speaker, if I could Committee. Any changes should be for the amount allowed in last year’s budget continue, I would simply say that I be- benefit of the veterans. agreement by in fact directing scoring lieve strongly in additional funds for Over the last several months, the DAV, the on this veterans’ health care item, and highway construction. I have led the VFW, the American Legion, and all of the therefore, they intend to pay for ap- fight early and often, both in the legis- major veterans' service organizations, have proximately $16 billion in highway lature and in the Congress, for a great- urged Congress to reject the VA's proposal to H3590 CONGRESSIONAL RECORD — HOUSE May 20, 1998 deny service-connected disability compensa- Let us search for a solution that keeps Johnson (CT) Mink Sensenbrenner Johnson (WI) Moakley Serrano tion for disabilities related to tobacco use. promises we made to veterans. Johnson, E. B. Mollohan Sessions They want to know why service-connected Mr. OBEY. Mr. Speaker, I yield back Johnson, Sam Moran (KS) Shadegg disability compensation should be taken away the balance of my time. Jones Moran (VA) Shaw from seriously ill veterans or their survivors. The SPEAKER pro tempore. Without Kanjorski Morella Shays Kaptur Murtha Sherman They want to know why these benefits are objection, the previous question is or- Kasich Myrick Shimkus seen as a waste. dered on the motion to instruct. Kelly Nadler Shuster After all, these benefits are not just given to There was no objection. Kennedy (MA) Neal Sisisky each and every veteran that smoked. Veter- Kennedy (RI) Nethercutt Skaggs The SPEAKER pro tempore. The Kennelly Neumann Skeen ans must undergo a rigorous claims process question is on the motion to instruct Kildee Ney Skelton to establish their entitlement to these benefits. offered by the gentleman from Wiscon- Kilpatrick Northup Slaughter So far, only 299 veterans even qualify for this sin (Mr. OBEY). Kim Norwood Smith (MI) Kind (WI) Nussle Smith (NJ) benefit. The question was taken; and the King (NY) Oberstar Smith (OR) It is unfair to ask those who have already Speaker pro tempore announced that Kingston Obey Smith (TX) served to keep making sacrifices time and the ayes appeared to have it. Kleczka Olver Smith, Adam time again. Klink Ortiz Smith, Linda Mr. OBEY. Mr. Speaker, I object to Klug Owens Snowbarger Veterans are already being asked to forego the vote on the ground that a quorum Knollenberg Oxley Snyder long overdue increases for veterans programs: is not present and make the point of Kolbe Packard Solomon increases in Montgomery GI funding to keep order that a quorum is not present. Kucinich Pallone Souder LaFalce Pappas Spence up with the rising costs of education; certain The SPEAKER pro tempore. Evi- LaHood Parker Spratt survivors' benefits; improved disability bene- dently a quorum is not present. Lampson Pascrell Stark fits. The Sergeant at Arms will notify ab- Lantos Pastor Stearns What are we going to tell our veterans? Largent Paul Stenholm sent Members. Latham Paxon Stokes I urge passage of the motion. The vote was taken by electronic de- LaTourette Payne Strickland Mr. ABERCROMBIE. Mr. Speaker, I rise in vice, and there were—yeas 422, nays 0, Lazio Pease Stump support of the Obey motion to instruct the not voting 10, as follows: Leach Peterson (MN) Stupak Lee Peterson (PA) Sununu highway authorization conferees not to allo- [Roll No. 174] cate veteran program benefits to offset part of Levin Petri Talent YEAS—422 Lewis (CA) Pickering Tanner the cost of the highway bill. Lewis (GA) Pickett Tauscher We must recognize for the first time in 50 Abercrombie Clement Fowler Lewis (KY) Pitts Tauzin Ackerman Clyburn Fox years the United States has realized a budget Linder Pombo Taylor (MS) Aderholt Coble Frank (MA) Lipinski Pomeroy Taylor (NC) surplus. Although funding for the Social Secu- Allen Coburn Franks (NJ) Livingston Porter Thomas rity must be the highest priority, there should Andrews Collins Frelinghuysen LoBiondo Portman Thompson be sufficient funds for other important pro- Archer Combest Frost Lofgren Poshard Thornberry Armey Condit Furse Lowey Price (NC) Thune grams, such as the highway bill. Bachus Conyers Gallegly Lucas Quinn Thurman I am deeply concerned this provision is an Baesler Cook Ganske Luther Radanovich Tiahrt attempt to make the benefits of those who Baker Cooksey Gejdenson Maloney (CT) Rahall Tierney Baldacci Costello Gekas have served us so well in our fight for the Maloney (NY) Ramstad Torres Ballenger Cox Gephardt Manton Rangel Towns preservation of freedom a repository to be Barcia Coyne Gibbons Manzullo Redmond Traficant tapped. The military encouraged the tobacco Barr Cramer Gilchrest Markey Regula Turner habit by issuing cigarettes to its members as Barrett (NE) Crane Gillmor Martinez Reyes Upton Barrett (WI) Crapo Gilman Mascara Riggs Velazquez part of their rations. The Services encouraged Bartlett Cubin Goode Matsui Riley Vento the smoking habit before they knew the con- Barton Cummings Goodlatte McCarthy (MO) Rivers Visclosky sequences of this action. This provision as Bass Cunningham Goodling McCarthy (NY) Rodriguez Walsh Becerra Danner Gordon written could deny veterans medical health McCollum Roemer Wamp Bentsen Davis (FL) Goss McCrery Rogan Waters care. So how can we, as a nation which cher- Bereuter Davis (IL) Graham McDade Rogers Watkins ishes its democracy, not take responsibility for Berman Davis (VA) Granger McDermott Rohrabacher Watt (NC) our action. We must also recognize that the Berry Deal Green McGovern Ros-Lehtinen Watts (OK) Bilbray DeFazio Greenwood McHale Rothman Waxman Veterans Administration is being deliberate in Bilirakis DeGette Gutierrez McHugh Roukema Weldon (FL) granting service connected compensation for Bishop Delahunt Gutknecht McInnis Roybal-Allard Weldon (PA) tobacco related illnesses. Veterans must prove Blagojevich DeLauro Hall (OH) McIntosh Royce Weller Bliley DeLay Hall (TX) that the addiction to nicotine in these cases McIntyre Rush Wexler Blumenauer Deutsch Hamilton McKeon Ryun Weygand occurred prior to separation from the service. Blunt Diaz-Balart Hansen McKinney Sabo White To date there have been approximately 9,000 Boehlert Dickey Hastert McNulty Salmon Whitfield claims for tobacco related illness and of those Boehner Dicks Hastings (FL) Meehan Sanchez Wicker Bonilla Dingell Hastings (WA) Meek (FL) Sanders Wise 9,000, 4,000 have been denied; and a maxi- Bonior Dixon Hayworth Menendez Sandlin Wolf mum of 299 allowed. Bono Doggett Hefley Metcalf Sanford Woolsey We, as a nation owe a great debt of thanks Borski Dooley Hefner Mica Sawyer Wynn to those who have served in our military and Boswell Doolittle Herger Millender- Saxton Yates Boucher Doyle Hill McDonald Scarborough Young (AK) in return promised to provide for their medical Boyd Dreier Hilleary Miller (CA) Schaefer, Dan Young (FL) needs for life. Let us not renege on our prom- Brady Duncan Hilliard Miller (FL) Schaffer, Bob ise. Veterans did not question when they were Brown (CA) Dunn Hinchey Minge Scott Brown (FL) Edwards Hinojosa asked to go into combat and risk their lives to Brown (OH) Ehlers Hobson NOT VOTING—10 defend this great nation and the value it still Bryant Ehrlich Hoekstra Bateman Harman Schumer stands for. Veterans met the challenge laid Bunning Emerson Holden Carson Meeks (NY) Stabenow before them and continue to contribute to the Burr Engel Hooley Clay Pelosi Burton English Horn Gonzalez Pryce (OH) betterment of their communities. It is an egre- Buyer Ensign Hostettler gious act to offset the BESTEA reauthorization Callahan Eshoo Houghton b bill on the backs of our faithful veterans who Calvert Etheridge Hoyer 1831 Camp Evans Hulshof have defended us in our time of need. I sup- Campbell Everett Hunter Messrs. GILCHREST, COBURN, port the Obey motion to instruct the BESTEA Canady Ewing Hutchinson GANSKE, and RIGGS changed their conferees to refrain in the use of the veteran Cannon Farr Hyde vote from ‘‘nay’’ to ‘‘yea.’’ Capps Fattah Inglis compensation provision as an offset. To deny Cardin Fawell Istook So the motion to instruct was agreed veterans compensation for tobacco related ill- Castle Fazio Jackson (IL) to. ness to pay for the transportation bill is an in- Chabot Filner Jackson-Lee The result of the vote was announced sult to those who stood in the gap; placing Chambliss Foley (TX) as above recorded. Chenoweth Forbes Jefferson their lives on the line to preserve the freedom, Christensen Ford Jenkins A motion to reconsider was laid on this democracy, we so cherish. Clayton Fossella John the table. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3591 COMMUNICATION FROM STAFF William Turner, that goal is being achieved. It What makes the Water Works’ success MEMBER OF THE HON. STENY H. takes many people to achieve the successes even more impressive is that a leaner oper- HOYER, MEMBER OF CONGRESS which have been reached by Columbus Water ation is doing more. President Billy Turner notes that the budget is down by $1 million The SPEAKER pro tempore (Mr. GIB- Works. But I rise today to single out and com- over the previous year, the staff is smaller BONS) laid before the House the follow- mend Mr. Turner for his outstanding leader- and the rates still lower than those in com- ing communication from Cory B. Alex- ship, vision, and commitment to water quality. parable cities. Turner and all the employees of the Co- ander, staff member of the Hon. STENY On June 8, Region IV Administrator for the lumbus Water Works have a right to feel H. HOYER, Member of Congress: Environmental Protection Agency John Hankinson will present Mr. Turner with the proud of what they’ve accomplished in the CONGRESS OF THE UNITED STATES, past couple of years. Here’s hoping they keep HOUSE OF REPRESENTATIVES, award for having the best large water treat- up the good work. Washington, DC, May 19, 1998. ment plant in the 10-state Southeast region. Hon. NEWT GINGRICH, With seven prestigious national, state-wide, [From the Columbus Ledger, May 12, 1998] Speaker of the House, House of Representatives, and regional awards in 1998, this is yet an- COLUMBUS WATER WORKS REAPS BENEFIT OF Washington, DC. other honor for him in the water quality field. HARD WORK—NATIONAL, STATEWIDE; RE- DEAR MR. SPEAKER: This is to formally no- Already, the Columbus combined sewer GIONAL AWARDS PROVE COLUMBUS IS CLOS- tify you pursuant to Rule L (50) of the Rules ER TO REACHING GOAL of the House that I have been served with a treatment and Riverwalk project earned top (By Amy Wolfford) subpoena ad testificandum issued by the Su- national honors for design from the American perior Court of the District of Columbia, in Academy of Environmental Engineers. Mr. Four years ago, the Columbus Water the case of Pointe Properties, Inc., et al. v. Mi- Turner spearheaded the development of this Works board set out to have the best system chael J. Bevenour, et al., Case No. 96–CA– in the country by the year 2000. new technology demonstration project which With seven national, statewide and re- 009720. EPA estimated will save over $42 billion for gional awards this year, President Bill Turn- After consultation with the Office of Gen- small cities across the country. er said they are hitting that goal. eral Counsel, I have determined that the sub- In addition, Columbus has received the first ‘‘These things are hard to come by,’’ Turn- poena relates to my official duties, and that ever award for wastewater collection and er told the board Monday. ‘‘Most people go compliance with the subpoena is consistent water distribution from the Georgia Water and through their life and don’t get this kind of with the privileges and precedents of the recognition.’’ House. Pollution Control Association. It was honored Columbus’ combined sewer treatment/ Sincerely, with a Gold award for being in 100 percent Riverwalk project earned top national hon- CORY B. ALEXANDER. compliance with all regulations from the Asso- ors for design from the American Academy f ciation of Metropolitan Sewer Agencies. And, of Environmental Engineers. the Water Works was presented with a certifi- The system, designed by Jodan, Jones & TRIBUTE TO BILLY G. TURNER, cate of excellence by the Government Finance Goulding Inc. and completed in 1995, is the PRESIDENT, GEORGIA WATER first of its kind in the United States and in- Officers Association. WORKS BOARD cludes pipeline laid behind a retaining wall And if that weren't enough, they are doing along the Chattahoochee River. (Mr. COLLINS asked and was given more with less. Currently, water works em- The board also learned it will get a U.S. permission to address the House for 1 ployees have been reduced without layoffs Environmental Protection Agency award for minute and to revise and extend his re- and are operating with a budget $1 million having the best large water plant in a 10- marks.) less than last year. In addition, water rates state region in the Southeast. Mr. COLLINS. Mr. Speaker, 4 years Other awards include the following: have been kept at a lower rate than most The Georgia Water and Pollution Control ago the Columbus, Georgia Water comparable cities. Most importantly though, Association gave Columbus its first awards Works Board established the goal of the quality of water in the Columbus area has for wastewater collection and water distribu- having the best water system in the been greatly enhanced, something which has tion for large cities. Nation by the year 2000. With the guid- immeasurable value and importance not only The South Columbus Water Resources fa- ance and experience of its president, to Columbus but to cities nationwide. cility was recognized with a Gold Award Billy G. Turner, that goal has been from the Association of Metropolitan Sewer Mr. Turner's work has also garnered the re- Agencies for being in 100 percent compliance achieved. spect of his peers and colleagues. His dedica- with all regulations. On June 8, the EPA Regional Admin- tion and innovation also led to his appointment The Government Finance Officers Associa- istrator will present Mr. Turner with as President of the International Water Envi- tion presented Columbus with its certificate the award for having the best large ronment Federation, a term which he just of excellence. water treatment plant in the South- completed. f east. In all, he has received seven other I would like to extend my deepest thanks MARRIAGE TAX ELIMINATION ACT prestigious national, State and re- and congratulations to Mr. Turner, his wife gional awards in 1998, including top na- Judee, his sons Rodney, Chris, and Jeff, and (Mr. WELLER asked and was given tional honors for design. his two new grand-daughters. The City of Co- permission to address the House for 1 As recognized by the Columbus Ledg- lumbus and the State of Georgia are fortunate minute and to revise and extend his re- er-Enquirer, they are doing more with to have him. marks.) Mr. WELLER. Mr. Speaker, the ques- less. Employees have been reduced Mr. Speaker, I am submitting for the CON- tion is pretty basic: Why should we without layoffs, and with a budget of $1 GRESSIONAL RECORD two articles from The Co- pass the marriage tax elimination act. million less than last year. But most lumbus Ledger which were recently written And I think the best way to answer importantly, water rates have been about Mr. Turner and his outstanding work. that question is with a series of ques- kept at a lower rate than most com- [From the Columbus Ledger, May 13, 1998] tions. parable cities. DOING MORE FOR LESS Do Americans feel that it is fair that Due to Mr. Turner’s work, dedication Much of our frustration with Atlanta’s the average married working couple and innovation, he was appointed failure to get its water treatment act to- pays more in taxes just because they President of the International Water gether comes from our own success. Fact is, the examples of innovativeness, effectiveness are married? Environment Federation. I would like Do Americans feel that it is fair that to commend Mr. Turner for his efforts. and efficiency set by the Columbus Water Works is a mixed blessing: On one hand, we 21 million married working couples The City of Columbus and the State of can be proud of what has been recognized as with two incomes pay more in taxes Georgia are fortunate to have him. one of the finest systems in the state and than an identical working couple that Mr. Speaker, I also provide for the even the country; on the other, our famili- lives together outside of marriage, in CONGRESSIONAL RECORD two recent ar- arity with how it’s done right makes us even fact, on average $1,400 more? ticles from the Columbus Ledger- less patient with seeing it done wrong. Is it right that our Tax Code actually Enquirer about Mr. Turner and his out- The Water Works has received no fewer provides an incentive to get divorced? standing work. than seven national and regional awards this That is the only way that you can year, including the American Academy of Mr. Speaker, just four years ago, the Co- Environmental Engineers’ top honor for the avoid the marriage tax penalty today. lumbus Water Works Board in the Third Dis- CSO/Riverwalk project, the first of its kind It is not fair, it is not right, it is ab- trict of Georgia set out to have the best water in the country, and an EPA award for the solutely wrong that our Tax Code pun- system in the country by the year 2000. With best large water treatment plant in the 10- ishes 21 million married working cou- the guidance and experience of its President, state Southeast region. ples just because they are married. H3592 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Now $1,400 in the south suburbs of cal house in order; and held Washington's feet Since 1969, our tax laws have punished Chicago, that is real money. That is 1 to the fire to balance the budget. married couples when both spouses work. For year’s tuition at Joliet Junior College. While President Clinton paraded a long list no other reason that the decision to be joined That is 3 months of day-care at a local of new spending totaling at least $46±$48 bil- in holy matrimony, more than 21 million a year day-care center. That is real money for lion in new programsÐwe believe that a top are penalized. They pay more in taxes than real people in Illinois in the south sub- priority should be returning the budget surplus they would if they were single. Not only is the urbs. to America's families as additional middle- marriage penalty unfair, it's wrong that our tax class tax relief. There is no more unfair provision in code punishes society's most basic institution. the Tax Code. Let us eliminate the This Congress has given more tax relief to the middle class and working poor than any The marriage tax penalty exacts a dispropor- marriage tax penalty. Let us eliminate tionate toll on working women and lower in- it now. Congress of the last half century. I think the issue of the marriage penalty can come couples with children. In many cases it Mr. WELLER. Mr. Speaker, I rise today to best be framed by asking these questions: Do is working women's issue. highlight what is arguably the most unfair pro- Americans feel its fair that our tax code im- Let me give you an example of how the vision in the U.S. Tax code: the marriage tax poses a higher tax penalty on marriage? Do penalty. I want to thank you for your long term marriage tax penalty unfairly affects middle Americans feel its fair that the average mar- class married working couples. interest in bringing parity to the tax burden im- ried working couple pays almost $1,400 more posed on working married couples compared in taxes than a couple with almost identical in- For example, a machinist, at a Caterpillar to a couple living together outside of marriage. come living together outside of marriage? is it manufacturing plant in my home district of Jo- In January, President Clinton gave his State right that our tax code provides an incentive to liet, makes $30,500 a year in salary. His wife of the Union Address outlining many of the get divorced? is a tenured elementary school teacher, also things he wants to do with the budget surplus. In fact, today the only form one can file to being home $30,500 a year in salary. If they A surplus provided by the bipartisan budget avoid the marriage tax penalty is paperwork would both file their taxes as singles, as indi- agreement which: cut waste, put America's fis- for divorce. And that is just wrong! viduals they would pay 15%. MARRIAGE PENALTY EXAMPLE IN THE SOUTH SUBURBS

Machinist School Teacher Couple Weller/McIntosh II

Adjusted Gross Income ...... $30,500 $30,500 $61,000 $61,000 Less Personal Exemption and Standard Deduction ...... $6,550 $6,550 $11,800 13,100 (Singles x 2) Taxable Income ...... $23,950 $23,950 $49,200 $47,900 (x .15) (x .15) (Partial x .28) (x .15) Tax Liability ...... $3592.5 $3592.5 $8563 $7,185 Marriage Penalty $1378 Relief $1378 Weller-McIntosh II Eliminates the Marriage Tax Penalty

But if they chose to live their lives in holy er tax brackets. It taxes the income of the children, the U.S. tax code should not be one matrimony, and now file jointly, their combined families' second wage earnerÐoften the wom- of them. income of $61,000 pushes them into a higher an's salaryÐat a much higher rate than if that Let's eliminate The Marriage Tax Penalty tax bracket of 28 percent, producing a tax salary was taxed only as an individual. Our bill and do it now! penalty of $1400 in higher taxes. already has broad bipartisan cosponsorship by WHICH IS BETTER? On average, America's married working Members of the House and a similar bill in the Note: The President's Proposal to expand couples pay $1,400 more a year in taxes than Senate also enjoys widespread support. the child care tax credit will pay for only 2 to individuals with the same incomes. That's seri- It isn't enough for President Clinton to sug- 3 weeks of child care. The Weller-McIntosh ous money. Millions of married couples are gest tax breaks for child care. The President's Marriage Tax Elimination Act, HR 2456, will still stinging from April 15th's tax bite and child care proposal would help a working cou- allow married couples to pay for 3 months of more married couples are realizing that they ple afford, on average, three weeks of day child care. are suffering the marriage tax penalty. care. Elimination of the marriage tax penalty WHICH IS BETTER, 3 WEEKS OR 3 MONTHS? Particularaly if you think of it in terms of: a would give the same couple the choice of pay- down payment on a house or a car, one ing for three months of child careÐor address- CHILD CARE OPTIONS UNDER THE MARRIAGE TAX year's tuition at a local community college, or ing other family priorities. After all, parents ELIMINATION ACT several months worth of quality child care at a know better than Washington what their family Average local day care center. needs. Average Weekly Weeks To that end, Congressman DAVID MCINTOSH We fondly remember the 1996 State of the Tax Relief Day Care Day Care and I have authored the Marriage Tax Penalty Union address when the President declared Cost Elimination Act. emphatically that, quote ``the era of big gov- Marriage Tax Elimination Act ...... $1,400 $127 11 The Marriage Tax Penalty Elimination Act ernment is over.'' President’s Child Care Tax Credit ...... 358 127 2.8 will increase the tax brackets (currently at 15% We must stick to our guns, and stay the f for the first $24,650 for singles, whereas mar- course. ried couples filing jointly pay 15% on the first There never was an American appetite for SPECIAL ORDERS $41,200 of their taxable income) to twice that big government. The SPEAKER pro tempore. Under enjoyed by singles; the Weller-McIntosh pro- But there certainly is for reforming the exist- the Speaker’s announced policy of Jan- posal would extend a married couple's 15% ing way government does business. uary 7, 1997, and under a previous order tax bracket to $49,300. Thus, married couples And what better way to show the American of the House, the following Members would enjoy an additional $8,100 in taxable in- people that our government will continue along will be recognized for 5 minutes each. come subject to the low 15% tax rate as op- the path to reform and prosperity than by f posed to the current 28% tax rate and would eliminating the marriage tax penalty. QUESTIONS ABOUT THE ISTOOK result in up to $1,053 in tax relief. Ladies and Gentlemen, we are on the verge AMENDMENT Additionally the bill will increase the stand- of running a surplus. It's basic math. ard deduction for married couples (currently It means Americans are already paying The SPEAKER pro tempore. Under a $6,900) to twice that of singles (currently at more than is needed for government to do the previous order of the House, the gen- $4,150). Under the Weller-McIntosh legislation job we expect of it. tleman from Texas (Mr. EDWARDS) is the standard deduction for married couples fil- What better way to give back than to begin recognized for 5 minutes. ing jointly would be increased to $8,300. with mom and dad and the American familyÐ Mr. EDWARDS. Mr. Speaker, prob- Our new legislation builds on the momen- the backbone of our society. ably not many Members are aware of tum of their popular H.R. 2456 which enjoyed We ask that President Clinton join with Con- this but perhaps the first day after our the support of 238 cosponsors and numerous gress and make elimination of the marriage return from Memorial Day recess, the family, women and tax advocacy organiza- tax penalty . . . a bipartisan priority. gentleman from Oklahoma (Mr. tions. Current law punishes many married cou- Of all the challenges married couples face ISTOOK) will make an effort to do some- ples who file jointly by pushing them into high- in providing home and hearth to America's thing that has never been done in the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3593 history of the United States. On that Next I would ask this question: mocracy, conducted five nuclear weap- Wednesday when we return he will Would a Satanic prayer be allowed in ons tests setting off a barrage of inter- move that we vote on a constitutional the public school classrooms under the national criticism led by our own Na- amendment, for the first time in the Istook amendment? Would the tion. It is feared that a South Asian history of our country, to amend the Santerias, defined by our courts as a nuclear arms raise with Pakistan shall Bill of Rights, not only the Bill of religion in America, be allowed to par- have global implications, encouraging Rights but the first 16 words of the ticipate in their prayer ritual in our North Korea, Iran, Iraq, Libya and oth- First Amendment of the Bill of Rights schools, part of which concerns or part ers to pursue nuclear ambitions. designed to defend religion against in- of which includes animal sacrifices? Days ago, former President Jimmy trusion by the Federal Government. Will that be allowed in the third grade Carter addressed the issue of India’s Mr. Speaker, I have spoken pre- classrooms of America’s schools? If nuclear tests in commencement viously from the well of this House not, will it be the teachers or school speeches he delivered at Trinity Col- outlining that the arguments in favor administrators or government officials lege at the University of Pennsylvania. of this constitutional amendment are deciding which prayer ritual is okay I found President Carter’s remarks, as really based on false premises. The and which is not? reported by the news wires, to be very premise that there is no religion in The next question I would raise is, enlightening and wanted to share them school, that somehow government and would this amendment prevent a teach- with my colleagues. liberal Federal judges have taken reli- er from proselytizing his or her stu- President Carter, the last American gion out of our schools when, in fact, dents? Additionally, I do not see any- President to visit India, noted that the Time Magazine recently documented thing in the Istook amendment that United States, a country that possesses that there are thousands of public would prohibit outside religious groups thousands of nuclear weapons, fails to schools all over America that have from proselytizing young children, in- ratify a comprehensive test ban treaty bible worship groups and religion pray- cluding first graders, on public school and continues to deploy land mines is er groups both before and after school. grounds. It seems to me that under the hardly one that has the right to de- The fact is that prayer is allowed in Istook amendment, the experience that mand the opposite from other nations America’s public schools, as long as many of us have in our Nation’s air- such as India. that prayer is not prescribed by gov- ports, being accosted by religious Pointing out the hypocrisy of U.S. ernment officials or forced upon stu- groups and sometimes religious cults, nuclear policy, Mr. Carter stated, ‘‘It is dents involuntarily. is going to be replicated on thousands hard for us to tell India you cannot I have talked about all of these issues of public school grounds all over Amer- have a nuclear device, while maintain- and I have talked about the downside ica. ing we will keep our nuclear weapons, of some of the things that could happen That is the question that the gen- 8,000 or more nuclear bombs, and we under the Istook amendment. What I tleman from Oklahoma (Mr. ISTOOK) are not ready to reduce them yet.’’ would like to do with just several days and the proponents of this effort to, in Mr. Carter continued, ‘‘We claim we left before we have this historic vote my opinion, massacre the Bill of are for a comprehensive test ban to on the floor of the House is to raise Rights and the First Amendment prevent all testing of nuclear weapons, some questions that I hope the gen- thereof have an obligation to answer but we still have not ratified the trea- tleman from Oklahoma (Mr. ISTOOK) before we cast this historic vote in a ty. We claim we want to reduce nuclear and supporters of this effort to amend couple of weeks. arsenals,’’ said Mr. Carter, ‘‘but many our Nation’s Bill of Rights would be Next question, will a wiccan be able years later the START II treaty is still willing to answer before we have this to hold a ceremony in a public school not in effect with Russia.’’ vote. Let me just list some of these cafeteria? It appears from the language In expressing concern about India’s kinds of questions that, as of the de- of the Istook amendment the answer to nuclear tests, Mr. Speaker, President bate so far, have been left unanswered. that would be yes. Next question, will Carter further states, ‘‘People look to First, under the Istook amendment, students be able to read Satanic pray- the United States with great admira- who will decide which religious prayers ers over the PA system in our public tion but also for guidance. We have not are heard in a public forum? Who will schools every morning? Next, will been fair in trying to keep people from determine what prayers are said in the judges be allowed to lead juries in developing nuclear weapons.’’ classroom? Second, will 9-year-old stu- prayer before consideration of a court President Carter concluded, ‘‘If the dents in public classes be deciding case? If so, would a judge be allowed to United States wishes to halt the global which prayers are heard? Third, would recite the bible and the verse that arms raise, they must lead by example the determination of which prayers are talks about an eye for an eye or a tooth and not by condemnation.’’ said be based on the percentage of stu- for a tooth before the jury makes its Mr. Speaker, President Carter’s dents in that religion at a particular decision? points are well taken. Many around the school in that community or that All of these unanswered questions world are starting to conclude India’s State? Or would that decision be made ought to be answered by the supporters nuclear tests are in great part a direct by a committee of students, perhaps 9- of the Istook amendment before we result of the failure of the United year-olds, perhaps 10-year-olds to se- vote to amend the Bill of Rights. States and the other four members of lect prayers. Fourth, who would ensure f the nuclear club to seriously move for- that minorities are not excluded from ward towards nuclear disarmament. offering their public prayers in school The SPEAKER pro tempore. Under a b and over the PA system? What if a previous order of the House, the gen- 1845 committee, for example, of students tleman from Arkansas (Mr. HUTCH- Yesterday, at the United Nations, decides that a Jewish prayer or an- INSON) is recognized for 5 minutes. Secretary General Kofi Annan stated other prayer simply will not be al- (Mr. HUTCHINSON addressed the that, ‘‘Our senses have been lulled a lowed? Who will protect the rights of House. His remarks will appear here- little bit with regard to the nuclear minorities in such a majority rule situ- after in the Extensions of Remarks. danger, but I think what has happened ation? Will it be first graders and sec- f in India has woken everybody up.’’ In ond graders and third graders in our discussing India and Pakistan, Annan public school classrooms that will be HALTING THE NUCLEAR ARMS said the five self-declared nuclear pow- forced to defend the constitutional RACE ers, the United States, Britain, France, rights as outlined in our First Amend- The SPEAKER pro tempore. Under a Russia, and China, must take stock of ment by our Founding Fathers? If not, previous order of the House, the gen- their positions because, and I quote, the alternative is to allow government tleman from American Samoa (Mr. ‘‘You cannot have an exclusive club officials, teachers, administrators to FALEOMAVAEGA) is recognized for 5 who have nuclear weapons and are re- make that decision of which prayers minutes. fusing to disband it and tell them now will be allowed and which rules will be Mr. FALEOMAVAEGA. Mr. Speaker, not to have it. The nuclear powers need used. last week India, the world’s largest de- to set an example for other nations.’’ H3594 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Mr. Dan Plesch, the director of the straight, they might have fired that exactly and Russia, could annihilate India in re- British-American Security Information identical ‘‘grave concern’’ communique´ at sponse and Pakistan, probably, could at least Council, an arms control group, has Karachi prematurely. The Paks were doing retaliate in kind. What troubles the leaders, asked, ‘‘How much longer can we hang their best, with differing statements from and much of the global intellectual commu- different officials, to confuse the world about nity, is this further evidence that arms con- on to our own nuclear weapons while whether they in fact will match the tests by trol treaties do not control the spread of trying to prevent others from getting their neighboring archenemy. modern arms. The two Strategic Arms Limi- them? Either we say nuclear deter- Russian President Boris Yeltsin was tation Treaties of the Cold War were full of rence is goods for all, or we carry out among the summiteers expressing ‘‘grave holes and the Russian parliament has not a realistic program to ban nuclear concern.’’ He has been allowed to join the ratified the successor, START II. In the CFE weapons.’’ Group of Seven (G–7) leading member na- deal limiting conventional weapons in Eu- tions of the International Monetary Fund, so rope, the U.S.S.R. got a loophole excluding Mr. Speaker, in a world discriminat- it now is routinely called the G–8. He can’t ing between nuclear haves and have- ‘‘naval’’ troops, of which it turned out to mix in economic deliberations because Rus- have had quite a number who had never set nots, there will always be the tempta- sia is on the IMF dole, but his country still foot on a ship. Iraq has not been at all inhib- tion for nuclear proliferation. Clearly, is taken seriously as a military power. That ited by chemical and biological weapons lim- global nuclear disarmament is the only may be because it has 877 nuclear ICMBs, itations. real solution to this madness. able to strike anywhere in the world. That Attempting to apply nuclear controls In 1975, the international commu- statistic is from that latest ‘‘Military Bal- internationally has run afoul of realities. We ance’’ published by London’s International nity, including the nuclear powers, live in a world of nation states. Those states Institute for Strategic Studies (IISS) and that do not feel threatened, do not want the outlawed the development, production, doesn’t begin to cover Russia’s total capabil- stockpiling and the use of biological expense of nukes and want to enjoy a pre- ity. Many of its missiles have multiple war- tense of virtue, have readily signed onto the agents for warfare through the Biologi- heads and it also has 452 submarine-based antiproliferation and test-ban treaties. India cal and Toxin Weapons Convention. In nukes. Mr. Yeltsin’s grave concern appar- and Pakistan, living in a rough neighborhood 1977, the international community sup- ently doesn’t extend to preventing Russian unprotected by NATO or other alliances, ported the coming into force of the nuclear and missile technology from leaking have put national security ahead of niceties. Chemical Weapons Convention, which to would-be nuclear states, if U.S. suspicions It’s too bad, but that’s the way it is. are correct. Bill Clinton had every right to be shocked likewise prohibited the development, The world’s most populous nation, China, production and use of chemical weap- at this latest mugging by reality. He heads has more than 17 intercontinental and more what some choose to call the world’s most ons throughout the world. than 38 intermediate-range nukes, according powerful nation. But it has no defense Mr. Speaker, because of their horrific to the IISS estimate. It also has been ac- against nuclear missiles. In the harsh equa- and destructive nature, biological and cused by the U.S. of selling missile tech- tion of war, the U.S.’s very wealth works chemical weapons have been declared nology to Pakistan among others. And it against it should it ever be threatened by a immoral and illegitimate, and are not also has tested its nukes when it pleased, poor country with nuclear missiles. It would to be tolerated. However, Mr. Speaker, thumbing its nose at the world at large. But have a lot more to lose, and even if it suf- Bill Clinton is so friendly with the Chinese there is no weapon of mass destruction fered a limited attack it would be reluctant that in 1996 he was willing to overrule State to use its vast might against the impover- that is more horrific, more destructive Department objections to letting them or more deadly than nuclear weapons. ished masses of the attacking country. launch U.S.-made space satellites despite the Maybe Mr. Clinton should think more about The argument for the elimination of danger of giving them valuable missile tech- U.S. security. this incomprehensibly monstrous force nology, according to reports in the New York that threatens the world’s inhabitants Times over the weekend. He also seems to [From the New York Times, Tues., May 19, and our very planet is self-evident. have been less than assiduous about prevent- 1998] ing the Chinese from insinuating themselves It is time, Mr. Speaker, that the nu- KEEPING NUCLEAR ARMS IN CHECK into the U.S. political process through viola- clear powers negotiate a nuclear weap- tions of the U.S. campaign finance laws, India’s nuclear weapons test threaten to ons convention that requires the judging from testimony by erstwhile go-be- undo 35 years worth of work by the United phased elimination of all nuclear weap- tween and frequent White House visitor States and other countries to limit the ons within a time frame incorporating Johnny Chung made public last week. spread of nuclear arms. Instead of abandon- verification and enforcement provi- Given the way the American president ing those efforts and improvising new ap- sions. We cannot afford to squander the treats the two big non-NATO nuclear powers, proaches, a course recommended by some arms control experts, Washington and its al- dangerous wake-up call sent by India’s should it be any surprise that Indian Prime Minister Atal Behari Vajpayee decided to go lies should redouble their commitment to recent nuclear tests. public with India’s nukes? His BJP Hindu na- make the international control system work Mr. Speaker, I submit for the RECORD tionalist party leads a shaky new governing effectively. two news articles regarding this topic: coalition and he smelled added popularity As difficult as it may be, India and Paki- [The Wall Street Journal, May 19, 1998] from showing that Indian can ‘‘stand up,’’ as stan must be persuaded to sign and abide by the 1996 test ban treaty that has now been HYPOCRISY IS THE HALLMARK OF THE NUCLEAR Mao would have put it. He may have been signed by 149 nations. By joining the treaty, FLAP right. TV footage showed Indians dancing in the streets on hearing the news. Beware of India and Pakistan would bind themselves to (By George Melloan) TV scenes, which often are staged, but it is refrain from any future testing. Their inclu- At the wind-up of the G–8 summit in Bir- not unbelievable that Indians might think sion would also make it easier to detect vio- mingham Sunday, French President Jacques that becoming the world’s sixth declared nu- lations by permitting the installation of Chirac issued a stern warning to Pakistan: If clear nation will finally win them some re- monitoring equipment at their nuclear test you dare to test a nuclear weapon, the G–8 spect. sites. will use a communique´ ‘‘exactly identical to It hasn’t so far, of course. Mr. Clinton’s re- Enlisting India and Pakistan would be the one we put out on India.’’ action was to slap on sanctions, cutting off easier if the Senate ratified the test ban By ‘‘exactly identical,’’ which probably U.S. direct aid and threatening to veto fur- treaty, now irresponsibly held up by Senator sounds less redundant in French, he meant ther help from the IMF and the World Bank. Jesse Helms. Once again, the capricious that the G–8 would ‘‘express our grave con- But it’s early times, and Mr. Vajpayee is chairman of the Foreign Relations Commit- cern.’’ That’s what the G–8 lashed India with, smart enough to know that a cutoff of out- tee is holding the nation’s interest hostage so Pakistan had better watch out. No doubt side aid might be just the thing to help him to his ideological whims. Ratification would the Paks reacted privately with the same de- with the politics of installing policies, such allow Washington to participate in a review gree of amusement that the Indians were un- as opening the country up to more foreign conference next year that will develop diplo- able to suppress over the posturing by the investment, that will allow India to develop matic strategies for bringing holdout nations leaders of ‘‘the world’s eight leading na- on its own. Just being noticed by those big- into the treaty. Without American leader- tions’’ in response to India’s tests. time guys in Birmingham, and the folks next ship, the treaty itself and the conference will There is of course nothing funny about nu- door in China, he might figure, is almost be empty exercises. clear weapons, but the grandstanding in Bir- worth the cost of losing handouts from the The performance of American intelligence mingham had elements of comedy. The as- U.S., Japan, Canada, Australia and Ger- agencies should also be improved so that fu- semblage—relying no doubt on the same su- many, the countries that have applied sanc- ture test preparations by any country can be perb intelligence that had keep them all in tions. spotted in advance, giving diplomats the the dark about India’s testing plans—at one What truly upset the folks in Birmingham, chance to intervene. The White House was point was led to believe that even during and Mr. Clinton especially, was not the fear given no warning about the Indian under- their debate Pakistan had exploded a bomb that India will now shoot nuclear missiles at ground explosions. Some of the $400 million a somewhere. Had someone not set them its neighbors. Two of those neighbors, China year the Energy Department now spends on May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3595 nuclear weapons detection research ought to ‘‘The fix was already in to sell the the leads to China of the Thompson commit- be used to develop sensitive seismic measur- satellite technology to China. Clinton tee. Fred Thompson’s warnings about Chi- ing devices that can monitor low-yield tests had switched the licensing over to Ron na’s plan to penetrate this White House were from afar. Brown’s anything-goes Commerce De- then scorned by Democratic partisans; his Non-nuclear countries are more easily dis- Government Operations Committee should suaded from developing atomic weapons partment. Johnny Chung had paid up. now swarm all over this. when nuclear states restrain their own arse- Commerce’s Huang had delivered The House’s aggressive agent of the Clin- nals. Progress in this area has been slowed in money big time (though one of his ille- ton cover-up, Henry Waxman of California, is recent years. Russia’s parliament should gal foreign sources had already been finally ‘‘troubled’’ by the prospect of damn- long ago have ratified the nuclear missile spotted). The boss of the satellite’s ing evidence he prevented the Burton com- cuts negotiated more than five years ago by builder had come through as Clinton’s mittee from finding. At least three Demo- George Bush and Boris Yeltsin. largest contributor. cratic partisans who foolishly followed Wax- If Bill Clinton does not want nuclear anar- ‘‘But public outrage was absent. The man in blocking the testimony of Asian wit- chy to be his foreign policy legacy, he must FBI didn’t read the papers and Reno nesses may have difficulty explaining their galvanize the Senate to act on the test ban Justice did not want to embarrass the cover-up vote to even more troubled voters treaty and use American influence to in their districts. strengthen the world’s arms control mecha- President. And television news found The Gerth revelations lead to more ques- nisms. Without them, this planet would be a no pictorial values in the Asian con- tions: Where were the chiefs of the C.I.A. and far more dangerous place. nection. Stealthily, the Clinton admin- the National Security Agency, their intel- f istration held back the implementa- ligence so dependent on satellites, on the tion of the corrupt policy until Novem- satellite technology sale to China? U.S. SECURITY FOR SALE ber 5, the day the campaign ended. Is anybody at Reno Justice reexamining The SPEAKER pro tempore (Mr. ‘‘Now the reporting of Jeff Gerth and testimony taken by independent counsel in- GIBBONS). Under a previous order of the the Times’ investigative team is put- vestigating corruption at Commerce before House, the gentleman from Colorado ting the spotlight of pitiless publicity Ron Brown’s death? Does Brown’s former on the sellout of American security. lawyer claim ‘‘dead man’s privilege’’ on (Mr. MCINNIS) is recognized for 5 min- notes? Did N.S.A. tape overseas calls of sus- utes. ‘‘We begin to see how the daughter of pect Commerce officials? Who induced Com- Mr. MCINNIS. Mr. Speaker, as we China’s top military commander merce to lobby Clinton for control of sat- know, India is one of the largest de- steered at least $300,000 through the ellite technology? mocracies in the world. China is the Chung channel to the Democratic Na- And the most immediate: Will homesick largest communist country in the tional Committee. (Apparently Mr. prosecutor Charles LaBella, beholden to world. President Clinton has taken the Chung skimmed off a chunk and may Janet Reno for his political appointment in time to condemn the largest democ- be spilling his guts lest he have to face San Diego, dare to offend his patron by call- ing for independent counsel?’’ racy, one of the largest democracies in his Beijing friends.) ‘‘We begin to learn more of the Feb- the world, India, for developing or test- f ing nuclear weapons to defend them- ruary 8, 1996, visit of the arms dealer The SPEAKER pro tempore. Under a selves against the largest communist Wang Jun to the Commerce office of previous order of the House, the gen- country in the world, China. Ron Brown, and Wang’s ‘coffee’ meet- While the President condemns India, ing that day with the President, the tleman from New York (Mr. HINCHEY) what does the President do with China? very day that Clinton approved four is recognized for 5 minutes. Let me quote from a couple of articles Chinese launches, even as China was (Mr. HINCHEY addressed the House. here: terrorizing Taiwan with missile tests. His remarks will appear hereafter in ‘‘Clinton’s explanation, which used to ‘‘Clinton made a decision to overrule the Extensions of Remarks.) slyly suggest that China policy was not his own Secretary of State and ease the changed ‘solely’ by contributors, has f exportation of satellite technology to now switched to total ignorance; China in 1996. The Justice Department The SPEAKER pro tempore. Under a shucks, we didn’t know the source of also is investigating whether two sat- previous order of the House, the gen- the money. But this President’s Demo- ellite companies, Loral and Hughes tleman from New Jersey (Mr. FRANKS) cratic National Committee did not Electronics, violated the national secu- is recognized for 5 minutes. know because it wanted not to know; rity laws in 1996 by giving satellite (Mr. FRANKS of New Jersey addressed procedures long in place to prevent the technology to China that could be used the House. His remarks will appear unlawful flow of foreign funds were up- hereafter in the Extensions of Re- for nuclear missiles.’’ rooted by the money-hungry Remember, China, the largest com- marks.) Clintonites. munist country in the world. This is ‘‘Today, 2 years after this sale of our f our President in his negotiations with security, comes the unforeseen chain that country. The SPEAKER pro tempore. Under a reaction; as China strengthens its sat- previous order of the House, the gen- Both firms are big Democrat donors. ellite missile technology, a new Indian tleman from Hawaii (Mr. ABERCROMBIE) Loral chief, Mr. Schwartz, was the Government reacts to the growing is recognized for 5 minutes. Democrats’ biggest single donor in threat from its longtime Asian rival (Mr. ABERCROMBIE addressed the 1995–96, giving more than $600,000. and joins the nuclear club. In turn, House. His remarks will appear here- Let me quote from U.S. Security for China feels pressed to supply its after in the Extensions of Remarks.) Sale. That is the article. It is an essay threatened ally, Pakistan, with weap- by William Safire. U.S. Security for onry Beijing promised us not to trans- f Sale. Essay. Washington: fer. This makes Clinton the prolifera- The SPEAKER pro tempore. Under a ‘‘A President hungry for money to fi- tion President. nance his reelection overruled the Pen- ‘‘Who has helped keep this sellout of previous order of the House, the gen- tagon; he sold to a Chinese military in- security under wraps?’’ tleman from Michigan (Mr. SMITH) is telligence front the technology that de- Let me just conclude by saying this. recognized for 5 minutes. fense experts argued would give Beijing India is one of the largest democracies (Mr. SMITH of Michigan addressed the the capacity to blind our spy satellites in the world. China is the largest com- House. His remarks will appear here- and launch a sneak attack. How soon munist country. And I hope every citi- after in the Extensions of Remarks.) we have forgotten Pearl Harbor. zen of this country takes the time to ‘‘October 1996 must have been some read about the technology that was f tense months for the Democratic fund- transferred to China through this ad- The SPEAKER pro tempore. Under a raisers. The New York Times, Wall ministration. It is a critical security previous order of the House, the gen- Street Journal and the Los Angeles issue. tleman from Pennsylvania (Mr. COYNE) Times had begun to expose the Asian Mr. Speaker, the remainder of the ar- is recognized for 5 minutes. connection of John Huang and Indo- ticle by William Safire, is as follows: (Mr. COYNE addressed the House. His nesia’s Riady family to the Clinton ‘‘In the Senate, John Glenn was rewarded remarks will appear hereafter in the campaign. with a space flight by Clinton for derogating Extensions of Remarks.) H3596 CONGRESSIONAL RECORD — HOUSE May 20, 1998 The SPEAKER pro tempore. Under a Housing Opportunities Act, which I am I thank my friend from Pennsylvania previous order of the House, the gen- proud to say that the House over- for giving me that opportunity. tleman from Oklahoma (Mr. ISTOOK) is whelmingly voted for yesterday. This f recognized for 5 minutes. bill establishes a pilot program at the NEW APPROACH NEEDED IN (Mr. ISTOOK addressed the House. Department of Veterans Affairs to NAGORNO KARABAGH PEACE His remarks will appear hereafter in guarantee loans to community-based PROCESS the Extension of Remarks.) organizations that serve homeless vet- f erans. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a The intent of the bill is to expand the previous order of the House, the gen- previous order of the House, the gentle- supply of transitional housing for tleman from New Jersey (Mr. PALLONE) is recognized for 5 minutes. woman from North Carolina (Mrs. homeless veterans by authorizing the Veterans Affairs Secretary to guaran- Mr. PALLONE. Mr. Speaker, I rise CLAYTON) is recognized for 5 minutes. this evening to talk about a continuing (Mrs. CLAYTON addressed the House. tee loans for long-term transitional concern for our Nation’s foreign policy, Her remarks will appear hereafter in housing projects. I urge the U.S. Sen- and that is maintaining our close ties the Extensions of Remarks.) ate to take quick action to approve with the Republic of Armenia and the f this important bill, and I thank the chairman, the gentleman from Arizona need for a negotiated settlement in The SPEAKER pro tempore. Under a (Mr. STUMP), for his hard work in Nagorno Karabagh. I am afraid the previous order of the House, the gen- bringing this bill to the floor and au- U.S. negotiating position in this con- tleman from California (Mr. RIGGS) is thoring same. flict has gotten seriously off track, and recognized for 5 minutes. I also bring to the attention of my I am hoping that recent events will (Mr. RIGGS addressed the House. His House colleagues, Mr. Speaker, the fact create momentum to get us in the remarks will appear hereafter in the that we have approved wisely the Obey right direction. Extensions of Remarks.) motion to make sure that we reject As I have mentioned in this House on f any cuts in veterans’ benefits, includ- several occasions, the people of Nagorno Karabagh fought and won a VETERANS TRANSITIONAL ing protection, tonight, of service-con- war of independence against Azer- HOUSING OPPORTUNITIES ACT nected disability compensation to vet- erans for tobacco-related illnesses. We baijan. A cease-fire has been in place The SPEAKER pro tempore. Under a since 1994, but it has been shaky at previous order of the House, the gen- stand tonight by voting overwhelm- ingly, almost unanimously, for this best. tleman from Pennsylvania (Mr. FOX) is The U.S. has been involved in a amendment, which will make sure we recognized for 5 minutes. major way in the negotiations intended do protect our veterans. And it has Mr. FOX of Pennsylvania. Mr. Speak- to produce a just and lasting peace. been recognized with favor by the er, I rise tonight to address my col- Our country is a co-chair of the inter- American Legion, the Disabled Amer- leagues on two important veterans national negotiating group formed to ican Veterans, the Veterans of Foreign issues. seek a solution to the Nagorno There is a national veterans problem. Wars, AMVETS, Paralyzed Veterans of Karabagh conflict along with France According to the Department of Veter- America, Vietnam Veterans of Amer- and Russia. But, unfortunately, the ans Affairs, approximately one in three ica, and other service-related organiza- U.S. position has sided with Azer- homeless Americans are military vet- tions. baijan’s claim of so-called ‘‘territorial I know this takes a step in the right erans, an estimated 250,000 men and integrity’’, despite the fact that this direction for our veterans, and I con- women. land has been Armenian land for cen- gratulate the House again in taking According to VA reports, homeless turies, and the borders which gave the two steps forward this week for our veterans overwhelmingly suffer from land to Azerbaijan were imposed by So- veterans, the men and women who have serious psychiatric or substance abuse viet dictator Joseph Stalin. served our country so gallantly. disorders. Numerous studies have Mr. HOYER. Mr. Speaker, will the b 1900 shown that destructive, addictive be- gentleman yield? Last week, international mediators havior and homelessness are inexorably Mr. FOX of Pennsylvania. I yield to linked. Chemical dependency, post- from the Organization for Security and the gentleman from Maryland. Cooperation in Europe, OSCE, traveled traumatic stress disorder and chronic Mr. HOYER. Mr. Speaker, I thank to Armenia’s capital of Yerevan to dis- physical problems affect a high per- the gentleman for yielding. There is cuss the new Armenian government’s centage of homeless veterans. Approxi- going to be a special order on behalf of position on the Nagorno Karabagh con- mately 75 percent of homeless veterans my very good friend, Terry Sanford, led flict. The American, Russian and have a problem with alcohol and drugs, by the gentleman from North Carolina. French Armenia’s negotiators heard a rate of abuse higher than their Unfortunately, I cannot stay, but I ap- Armenia’s new foreign minister, nonvet counterparts, according to pro- preciate the gentleman from Pennsyl- Vartan Oskanian, reiterate Armenia’s viders of services to homeless veterans. vania giving me this opportunity to opposition to the OSCE peace plan, A shortfall of transitional housing ask unanimous consent that my re- which calls for a phased solution to the for homeless veterans exists because marks be included in the record imme- dispute. Foreign Minister Oksanian Federal programs targeted specifically diately following the remarks of the called for a resumption of face-to-face at these veterans currently serve only gentleman from North Carolina. talks between the parties to the con- a fraction of those in need. To accom- Mr. Sanford, Governor Sanford, was a flict, Karabagh and Azerbaijan, with- modate an estimated 250,000 homeless very close friend of mine. I was one of out preconditions. veterans, the VA has fewer than 5,000 those young people that came into pol- Mr. Speaker, in late March, the peo- transitional-type beds under contract itics when he was one of our most sig- ple of Armenia elected Robert or as part of its domiciliary program nificant leaders. He was the governor Kocharian as their president. Mr. for homeless veterans. of North Carolina. Kocharian, who actually hails from Our House Committee on Veterans’ He was a courageous governor of Karabagh, has insisted that the OSCE Affairs believes the most effective North Carolina at a difficult time and plan is essentially a non-starter since method of reducing the revolving door brought great credit to his State and it fails to guarantee Karabagh’s secu- syndrome plaguing the VA health care great credit to our Nation. And I am rity and self-determination. In fact, system is to ensure that veterans are pleased to join my friends from North Mr. Speaker, the previous Armenian being discharged to residences offering Carolina in honoring this courageous, government of President Levon Ter- a highly structured, long-term housing committed American who, as I said, Petrosian fell largely because the program that requires sobriety, ac- brought great credit to North Carolina, former President had publicly come countability and assistance in finding brought great credit to his country, out in support of the highly unpopular employment. and was a human being who rep- and unworkable OSCE plan, after con- The solution, Mr. Speaker, can be resented the very best that America siderable pressure from the United found in the Veterans Transitional had to offer. States I might add. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3597 Unfortunately, it appears that we form of leverage against Armenia and presidency, the responsibility to first have not learned our lesson. The U.S. is Karabagh in the stalled peace talks. and foremost protect our Nation’s se- still sticking to the original, unwork- Finally, Mr. Speaker, I want to again curity. As the Commander in Chief and able plan. Worse still, I am afraid we stress the importance of maintaining executor of foreign relations, there is may be trying to pressure Armenian the current ban on direct government no substitute for the President on for- and Karabagh into going along with aid to Azerbaijan until this country eign policy. this plan, suggesting that there could lifts its blockade of Armenia and During the past two administrations, be repercussions from the U.S. This is Karabagh. This ban was enacted as I have worked long and hard on a bi- clearly the wrong way to deal with the part of the Freedom Support Act of partisan basis to help craft policies to- government of a friendly country like 1992, it is good law. Now, Congress is ward China which promote more stable Armenia, particularly when that gov- reexamining the issue of the prohibi- relations based on free market reforms ernment is merely standing up for the tion on aid to Azerbaijan. and the seedlings of democratic legitimate security concerns of its peo- The Senate Foreign Relations Com- progress in that country. ple. mittee yesterday postponed a markup What is so troubling today is that The recent change of government in on legislation known as the Silk Road very serious, Mr. Speaker, disturbingly Armenia affords an excellent oppor- Strategy Act. I think that that legisla- serious charges are being leveled at the tunity for us to offer a new approach to tion should not be passed, because we current administration which cut to the Karabagh conflict, one that recog- do not want to see a repeal of section the very heart of the fitness of the ad- nizes the need for long-term, ironclad 907. ministration to carry out a sound security arrangements and full self-de- The House International Relations China policy. The first and foremost re- termination for the people of Committee is soon expected to consider sponsibility of the executive branch of Karabagh. I am concerned that the similar legislation. While ostensibly an the President is to protect national se- U.S. and our OSCE partners are taking effort to enhance U.S. engagement in curity. Nobody else can do that, Mr. their cue from the government of Azer- the region, the purpose of the bill Speaker, not American businesses and baijan, which has refused to budge. But seems now more than ever to be an at- not other foreign entities. The key events in question do not the bottom line is that Azerbaijan will tempt to repeal Section 907. seem to be in dispute. We know that not budge until the United States and Mr. Speaker, for the ban on aid to be for years a number of American firms the international community force it lifted, Azerbaijan need only lift its that construct and use satellites have to negotiate in good faith. blockades of Armenia and Karabagh. desired to use Chinese launch vehicles, Mr. Speaker, I am also concerned Until then, there should be no consid- Chinese rockets. They have used them about the failure thus far to deliver the eration of asking U.S. taxpayers to because they are cheaper and more U.S. aid to Nagorno Karabagh that has support the dictatorship in Baku. available. The big problem has been been promised and appropriated. In The SPEAKER pro tempore. Under a that they are very unreliable. Those 1998, the Foreign Operations appropria- previous order of the House, the gentle- rockets blow up too often, destroying tion bill provided for the first time di- woman from Texas (Ms. JACKSON-LEE) their expensive satellite cargo. This, rect aid to Karabagh in the amount of is recognized for 5 minutes. obviously, can be a big problem. (Ms. JACKSON-LEE of Texas ad- $12.5 million for humanitarian needs. In the spring of 1996, a Chinese rocket The humanitarian infrastructure needs dressed the House. Her remarks will blew up that was carrying such a sat- in Karabagh are severe, as I have wit- appear hereafter in the Extensions of ellite. It is reported that the insurance nessed firsthand. Remarks.) companies responsible for the $200 mil- Unfortunately, Mr. Speaker, it is not f lion satellite destroyed by the rocket clear that any aid has yet been pro- failure essentially told their American vided to Karabagh. At a hearing two DEFENSE AUTHORIZATION ACT satellite customers to either improve The SPEAKER pro tempore. Under a weeks ago of the House Committee on the reliability of Chinese launch vehi- previous order of the House, the gen- International Relations, officials testi- cles or find new launch sources. It is tleman from California (Mr. DREIER) is fied that aid would soon be provided to reported that the U.S. companies pro- recognized for 5 minutes. Karabagh but would be disbursed by a ceeded to help improve the launch ve- Mr. DREIER. Mr. Speaker, as we pre- non-governmental organization that hicles. would have broad discretion over how pare for a load of speeches that most of Mr. Speaker, this assistance raised the aid was spent. Furthermore, it ap- us will be giving on Monday, it is im- very, very serious red flags at the De- pears that the State Department does portant to think about the debate partment of Defense and the Depart- not intend to spend the entire $12.5 which has taken place today on the De- ment of State about the prospect that million in Karabagh itself, although fense Authorization Act. this assistance would likely help im- that is what was intended by Congress. The issues raised during the debate prove Chinese ballistic missiles, a clear Several of my colleagues are also on amendments to the Defense Author- national security concern. pressing for the aid to be spent in ization Act, as I said, which involve the The key fact is that over the course Karabagh, as Congress intended, and relationship between the United States of 2 years, an internal debate raged we plan to keep up that pressure. and China, are some of the most deeply within the administration between the While working to get the aid that has troubling that I have witnessed since I economic benefits to a few companies already been appropriated to its in- have had the privilege of serving here being able to use better Chinese launch tended recipients in Karabagh, I am in the Congress. And make no mistake vehicles and clear national security also urging the Foreign Ops Sub- about it, the long-term bilateral rela- warnings from within the Defense and committee to build upon its historic tionship between the United States of State Departments. Added to the mix achievement in the FY 1998 bill to ear- America and China is very serious busi- are a blizzard of campaign contribu- mark assistance to Nagorno Karabagh ness. tions to the President’s campaign from at $20 million and make it even more We are talking about the world’s the corporate interests involved. clear that the aid is intended for dis- leading democracy and only super- Mr. Speaker, while no pun is in- bursement within that Nagorno power and the world’s fastest growing tended, it does not take a rocket sci- Karabagh. I also urge that aid to Arme- and most populous nation. This may be entist to recognize that better Chinese nia be increased and not decreased, as the most important bilateral relation- satellite launch vehicles will result in the Administration has proposed. ship in the world. We have a respon- better Chinese ballistic missiles. The Armenia is making great progress in sibility to make every effort to craft a fact that it appears that the adminis- terms of democracy in free markets. strong and stable bilateral relationship tration chose the financial benefits of We should not back out of that com- that is built on positive economic and some companies over a clear national mitment now that our investment in political reforms in China. security concern is very troubling. The democracy in this former Soviet Re- Mr. Speaker, success is critical to fact that such large campaign sums public is bearing fruit and particularly our future. Now, our Constitution may have had an impact on the deci- not if the intent is to use the aid as a places in the executive branch, in the sion is even more disturbing. H3598 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Finally, the fact that the Adminis- governorship in the early 1960s. He was and organized a national forum on our tration would devastate their own abil- the first political figure with whom I flawed system of presidential nomina- ity to carry out our Nation’s foreign seriously identified. He became gov- tion, and he ran for President himself, policy towards China with some degree ernor at a time of extraordinary chal- standing up to George Wallace in the of respect and moral authority is stag- lenge as the movement for racial jus- 1972 primaries. gering. tice swept across the South. The b 1915 The administration had better recog- South, in fact, was a racial powder keg, nize the signal that was sent to them with the sit-in movement, the Freedom Finally, Terry Sanford served North by the House with the passage of the Riders, a resurgence of the Ku Klux Carolina and the Nation as a United States Senator. He was a reluctant amendments today. The relationship Klan, mob violence, and federal troops candidate in 1986, but he saw the need, with China is too important to be fool- occupying college campuses. ishly squandered. It is time for the ad- Governor Sanford rejected the poli- and he responded to the call. I will for- ministration to immediately provide tics of demagoguery and defiance and ever treasure the memory of running on the ticket with him in my first cam- the Congress with all information re- thus set a standard for the New South paign and serving with him here. He lated to these events. on the most important and explosive was the best at delivering a political While we have a responsibility, Mr. issue of the day. Speaker, to continue to try to foster a While massive resistance was em- stump speech that I have ever seen, speaking without notes in perfect one- sound relationship with China, we braced by some, during his 1961 inau- sentence paragraphs, each one of them must ensure that the administration gural address, Terry Sanford called for a perfectly crafted applause line. He holds national security as the bedrock a ‘‘new day’’ in which ‘‘no group of our was very, very good. citizens can be denied the right to par- upon which our foreign relations stand. Senator Sanford’s diverse policy in- f ticipate in the opportunities of first- terests were expressed in his service on class citizenship.’’ the Committee on the Budget, Com- TRIBUTE TO SENATOR TERRY It made a world of difference to me mittee on Banking, and the Committee SANFORD and my generation to have Terry San- on Foreign Relations, and in initiatives The SPEAKER pro tempore. Under ford as a counter-example to the Wal- that ranged from promotion of a stable the Speaker’s announced policy of Jan- laces and Faubuses and Barnetts, as an peace in Central America to the cause uary 7, 1997, the gentleman from North example of decency and dignity and a of truth-in-budgeting. As always, he Carolina (Mr. HEFNER) is recognized for willingness to change. combined a gift for national policy in- 60 minutes as the designee of the mi- Governor Sanford also in the space of novation with faithful stewardship of nority leader. a short, single term made major con- North Carolina’s needs and interests. GENERAL LEAVE tributions to the improvement of pub- Terry Sanford had multiple careers, Mr. HEFNER. Mr. Speaker, I ask lic education in North Carolina, to the any one of which would be a credit to unanimous consent that all Members development of North Carolina’s com- most people. I do not expect we will see may have 5 legislative days within munity college system, and to the another Terry Sanford in our lifetimes. which to revise and extend their re- growth of Research Triangle Park. A But we can pick up parts of his legacy, marks and to provide extraneous mate- Harvard study designated him as one of and we can move that legacy forward. rial on the subject of my special order. the Nation’s top 10 governors in this We can all draw strength and wisdom The SPEAKER pro tempore (Mr. century. from our memories of the example that KINGSTON). Is there objection to the re- Most importantly, Terry Sanford he set, the courage that he displayed, quest of the gentleman from North taught my generation what democratic the diligence and patience he showed in Carolina? politics at its best could be. He was a mentoring the younger generation, the There was no objection. model of energetic and innovative lead- good humor that infused everything Mr. HEFNER. Mr. Speaker, as the ership, full of ideas, refusing to be that he did, the confidence he had in dean of the North Carolina Delegation, bound by the shackles of the past, pos- the capacities of ordinary men and I would take this time to pay tribute sessing a vision of future possibility women and in the ultimate judgment to what I consider one of the greatest that inspired and empowered others. of history, even when he was under- politicians and public servants that has When I returned to North Carolina in going temporary disappointments or ever served this country, former Gov- 1973 to teach at Duke University, it setbacks. We will remember the con- ernor Terry Sanford; Duke President was again under Terry Sanford’s inspi- fidence he had in us, willing to believe Terry Sanford; and as of late, the Sen- ration as we launched what is now the best about each of us and thus ena- ator Terry Sanford. called the Terry Sanford Institute of bling us to be our best. At this time, some of my colleagues Public Policy. President Sanford’s idea Terry Sanford empowered and en- from North Carolina have remarks that was to bring disparate disciplines to- abled many, many people. The ulti- they would like to make, and I yield to gether, from economics to political mate impact of his influence and his the gentleman from North Carolina science to history, to the arts, to eth- inspiration will be limited only by the (Mr. PRICE). ics, to bring these disciplines together energy and creativity and the passion Mr. PRICE of North Carolina. Mr. to enrich one another and to address for realizing social justice that each of Speaker, I thank my colleague for or- the major challenges facing our soci- us can muster. ganizing this special order and for giv- ety. As a young faculty member, I Mr. Speaker, I include for the ing us the opportunity tonight to pay could not have asked for a more worth- RECORD the tributes to former Gov- tribute to an extraordinary citizen and while mission or a more congenial at- ernor and Senator Sanford from the a visionary leader, Terry Sanford, a mosphere than what he fostered at magnificent memorial service at the son of North Carolina of whom we are Duke University. Duke Chapel: the remembrances by exceedingly proud. Under President Sanford’s leadership, Governor James B. Hunt, President Terry Sanford died on April 18. When the world-renowned Duke Medical Cen- Nan Keohone of Duke University, we look back on the broad sweep of his ter doubled its capacity, the Fuqua former North Carolina House Speaker life, in addition to being governor and School of Business was constructed, Dan Blue, Duke Endowment Chair- senator, he was an FBI agent at one the University’s endowment tripled. In woman Mary Semans, Judge Dickson time; a World War II paratrooper; a short, under President Sanford, Duke Phillips, and former Sanford Institute state legislator; a lawyer; an author; a reached its current status as a national Director Joel Fleishman. university president. We see a life com- leader in education, while also In addition, I include in the RECORD mitted to the greatest movements and strengthening its ties to North Caro- the eulogy from that service by Pro- deeply involved in the greatest accom- lina and its contribution to our region vost Emeritus Tom Langford of Duke plishments in this American century. of the country. University. I would also like to include Terry Sanford was a mentor and an Along the way, Terry Sanford a tribute by Z. Smith Reynolds Foun- inspiration to many of my generation chaired a major national Democratic dation Director Tom Lambeth, deliv- who came of age politically during his Party commission, he wrote a book, ered on another occasion, and then two May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3599 columns by national journalists who He once wrote: ‘‘The governor, by his very redirect their attention, both literally and knew Terry Sanford well and admired office, embodies his state. He stands alone at metaphorically, to the president as well as him greatly, Albert Hunt of the Wall his inauguration as the spokesman for all to the audience in front. Even more remarkable, Terry aspired then Street Journal and David Gergen of the people. His presence at the peak of the system is unique, for he must represent the not just to keep Duke University roughly on U.S. News and World Report. slum and the suburb, his concerns must span course, not just to create space for dialogue, REMEMBRANCE AT THE TERRY SANFORD rural poverty and urban blight. The respon- not just to keep the peace. He took the presi- FUNERAL sibility for initiative in statewide programs dency of a fine university with a distin- (By North Carolina Governor Jim Hunt) falls upon the governor. He must energize his guished history in its state and its region, and determined to make it one of the na- In the words of a great Methodist hymn: administration, search out the experts, for- mulate the programs, mobilize the support tion’s truly great institutions. And he suc- ‘‘Oh, for a thousand tongues to sing our ceeded, beyond what any observer could have Great Redeemer’s praise.’’ and carry new ideas into action.’’ Terry, you set the goals and our sights predicted or foreseen. Indeed, 1,000 tongues are here today to Now Terry would be the first to say that he very high. So high that we often wonder if praise our Redeemer and one of His most did not do that all by himself. Many others, we can meet your standard. But your good magnificent gifts to the people of our state many gathered here today, were important works, your words and your spirit tell us and our nation. I know that I speak for many in this endeavor, but his leadership was cru- every day, in every way, that the goal can be of you when I say very simply: Terry Sanford cial. was my hero. He was my hero because of ours. That the struggle is worth it. Terry had extraordinary political skills— what he did, but also because of the way he When we leave today, we will leave the political in the best sense of the word—which did it. His approach, his style, his ideas. He body of our hero in this chapel. We will leave he used in the state, in the university, in the was constantly looking for ways to improve it here because no other structure is suffi- senate: the power to persuade, the ability to things. Calling people together to study ciently magnificent to serve as the final bring people together to accomplish shared issues, to prepare proposals for action. In resting place for a life as magnificent as his. goals, an uncanny sense of strategy, and pa- fact, I suspect by now he has almost cer- But while we leave his body here to rest, tience coupled with determination and tainly had his orientation session with the the evidence of his good works is and will be leavened by humor.’ Lord. And it was NOT a one-way conversa- around us everywhere—in the institutions he At a time when politics is held in less than tion. I expect he has given the Lord a few led, in the innovations he championed, in the good repute by many in our country, it is good ideas for improving Heaven. Some of individuals he touched and, most of all, in worth celebrating a man for whom politics which should be done in the next 30 days. the spirit of everyone here today and every- was a true vocation, who excelled at it. And almost certainly, if he has found any one in this state. And so it will be for every There’s an essay by that name. ‘‘Politics as poverty, any discrimination, any poor generation to come. a Vocation,’’ which was written in the dark For all that North Carolina has become schools, any worthy arts ideas there are aftermath of World WAr I in Germany by and will be, Terry, we thank you. Max Weber, who was himself a statesman projects underway, even now. God bless this place. God bless this family. and a teacher. And he said: ‘‘Politics is a At a time when we struggle about whether And thank God for the magnificent blessing strong and slow boring of hard boards. It government should act, let us remember the of giving North Carolina Terry Sanford. takes both passion and perspective. Cer- words of this uncommon man, Terry San- tainly all historical experience confirms the ford, who could think great thoughts and TERRY SANFORD REMEMBRANCE truth that man would not have attained the make them a reality. In one of his books, possible unless time and again he had Terry wrote: (By Nannerl O. Keohane, President of Duke University) reached out for the impossible. But to do ‘‘Indeed, if government is not for the ex- that a man must be a leader, and not only a press purpose of lifting the level of civiliza- Of the many eloquent tributes that have leader but a hero as well, in a very sober tion by broadening the opportunities in life been paid to Terry Sanford this week, the sense of the world. for its people, what IS its purpose?’’ one in our student newspaper on Monday Terry Sanford was, in truth, a leader-hero. And he added: ‘‘Government is not some- would have been especially dear to him. It That word re-echos around this Chapel thing passive, not our kind of government. It was written by Devin Gordon, the editor of today. As one of his successors in this office, has built into it the spirit of outreach, the the Chronicle, and it begins as follows: I have learned more than I could possible de- concern for every individual. Look at the ‘‘Surely there is a place in heaven for Terry scribe from Terry’s example and from his verbs in the Preamble to the Constitution— Sanford. For eight decades, Duke’s patron wise counsel. From the very first time we establish, insure, provide, promote, secure. saint found his way into the soul of this uni- met for breakfast soon after I came to Duke, All these connote action, and all suggest versity and into the hearts of North Caro- when he looked me over with that piercing that we must constantly be striving to im- linians. The highlights of his storied career but kindly glint in his eye and gave me some prove the opportunities of our people.’’ read like the resume of a dozen men com- extraordinarily sage my perspectives on my And ACT Terry Sanford did. Strive to im- bined: four decorations as a paratrooper dur- new university and my new state, to the last prove opportunities for our people he did. ing World War II, two years as a state sen- time I saw him, just a few weeks ago when I Imagine what North Carolina would be like ator, four years as N.C. governor, 15 years as went to his house to ask his advice about the if we had not had Terry Sanford striving for university president, two runs for the United great bonfire controversy that raged at Duke us all these many years. States presidency and six years as a United this spring, he was an unfailing source of Imagine what North Carolina would have States Senator. On Saturday morning at staunch support, friendly advice, and regular been like in the 1960s if we had not had a gov- 11:30 a.m., however, he finally stopped to inspiration. ernor who believed in bringing people of all rest.’’ As President, ‘‘Uncle Terry’’ was especially races together. If we’d had a governor, like Terry Sanford took office at Duke in 1970, close to the students. He felt, and he said, other states, who appealed to the worst rath- at a time when one might have thought that that the students were the whole point of the er than the best in us. Imagine no Terry San- only a madman would take a university pres- institution. At breakfasts, at parties at his ford. idency. It was the very height of the protest house, just by walking around the campus, Imagine what North Carolina would be like against the war on campuses everywhere; he drew his strength as president from the without the Research Triangle Park. Imag- presidents were being thrown out of the of- exuberance and the freshness of the under- ine no Terry Sanford. fice right and left, and those who kept their graduates. He did so remembering the impor- tance in his own life of a great leader of his Imagine what North Carolina would be like jobs were harried and beleaguered. In those alma mater in his student days—Frank Por- without the community college system or tumultuous times leadership was scorned ter Graham. One of Terry’s legendary mo- the School of the Arts. Imagine no Terry and often ineffective. But Terry took the job ments, Herculean in its implications, came Sanford. with zest, and from the very first, performed when he swayed the Cameron Crazies, at a Imagine what North Carolina would be like it with panache, sincerity, serenity and pur- time when their cheers had become espe- had he not set national excellence as the pose. cially obscene and ruthless. He wrote to goal for this great university—and all of our We’ve relished the story of how he met them as Uncle Terry, and appealed to them other universities. Imagine no Terry San- with protesting students during the first few to be more clever and less gross, to be ‘‘dev- ford. weeks and, when they told him that they astating but decent.’’ And they responded, Imagine what North Carolina public planned to occupy our administration build- with greetings of exaggerated courtesy to schools would be like if a great governor had ing, he said, ‘‘Great, take me with you. I’ve our friends from Chapel Hill, with loyal not had the courage to pass a tax for school been trying to occupy it for weeks.’’ But it’s halos, and with respectful jibes at the ref- improvements—an act of courage that cost less well known that after delivering that erees saying, ‘‘we beg to differ.’’ his own political ambitions deeply. Imagine memorable quip, Terry neither departed nor He believed in giving students a great deal no Terry Sanford. called in reinforcements. He took a chair and of power within the university. He put them, It is truly unimaginable. You cannot imag- sat down on the stage behind the student for example, on Trustee committees, and he ine North Carolina without Terry Sanford. leaders. This quiet but brilliant gesture im- asked of them in turn a high degree of re- Forty years ago, no one could have imag- mediately established his authority, dem- sponsibility; and they responded affection- ined what North Carolina would become. onstrated that he intended to be part of the ately and admiringly. The list of Terry’s ac- No one, that is, but Terry Sanford. solution, and forced the student leaders to complishments as president of Duke is long H3600 CONGRESSIONAL RECORD — HOUSE May 20, 1998 and very impressive—the buildings he built, Duke law student and he wanted them to over 99 righteous person who do not need to the programs he instituted, the Fuqua interview me, which was tantamount to tell- repent. But with due respect to heavenly School of Business, the Institute of the Arts, ing them ‘‘come hire me.’’ So, after we had custom, Lord, I would say that down here in the Talent Identification Program, the Mary talked a while, Terry also did the greatest North Carolina there is more rejoicing over Lou Williams Center, the Institute of Policy tribute, I guess, to a young lawyer. He as- one righteous person, a righteous man, who Sciences, which now bears his name, and signed me to one of the major cases in the need not repent for any position that he took many more. But he was especially proud of firm, directly answerable to him and two of in times of trial or in rough decision. the Bryan Center, the student center, which the other main partners in the firm. If I have known any man who has made a he called the ‘‘living room of the univer- Later, as time went on, not only with me difference in my life and in the lives of so sity.’’ He wanted all students at Duke to but other people in the firm, Terry consist- many North Carolinians, who believed in have a good experience, to make friends, to ently urged us to be politically active and he people and who was impervious to the pres- enjoy their time. When two of his adminis- urged me to run for the North Carolina sure of other people’s prejudice, it was Terry trative colleagues came to tell him that House of Representatives, and I did. Later Sanford. I’m speaking as just one of the peo- Duke could not afford to build the student on, as a U.S. senator, Terry learned that I ple who own him a tremendous debt of free- center, and that it was time to tell the board was interested in being speaker of the House dom and gratitude. I told my children as this news, Sanford said: ‘‘then you’ll also of Representatives and he called and he said, they asked me many years ago when they have to explain to them why I’m no longer ‘‘You know, people will call you and they’ll were looking at Duke, that Terry Sanford president.’’ Needless to say, a way was found tell you why you can’t do it for various rea- was reason enough to look because he was a to build it. sons. Some of them will be obvious to you. man who was at least two generations ahead Terry Sanford also cared deeply about em- Some won’t. You ought to listen, be cour- of his contemporaries. The older I get, my ployees. He wrote a policy statement shortly teous to them, acknowledge their interest friends, the more I know I need to revise before he left office in which he emphasized and concern, then go on about tying down that. Terry Sanford was a man who was at that ‘‘Every person who works at Duke is vi- those who are going to support you and do least three generations ahead in his vision of tally important to Duke. We are all Duke it.’’ And you know, with his help. my generation. University people. Our employees’ welfare The fact that I stand before you today, as So, let me say, if you will permit me to use and creative contributions are intertwined a farm boy from Robeson County, one who this opportunity, offered by the power of this with Duke’s excellence and success. Working embodies all of those things that Terry San- pulpit and the honor of this occasion, to dis- at Duke, in whatever capacity, must be a ford did and meant for North Carolina, and charge a personal duty to Terry Sanford, to satisfying way of life. We are each an indi- as I stand to help remember one who is con- do for him in his afterlife what he did for us vidual part of one of the great institutions of sidered one of the 10 greatest governors in as lawyers who had the privilege of practic- America.’’ America during this century, it’s a clear ing with him, what he did for us as North Leaders who care deeply about individual measure of how far we have come and how Carolinians and as Americans—offer a short, human beings sometimes find it hard to far Terry Sanford has led us. You know, the persuasive recommendation for admission. focus on institution-building, and leaders amazing, almost mystical thing about Terry And I would start it by saying, Dear Lord, who have built institutions have sometimes Sanford, as one of his former law partners open your gate wide for Terry Sanford. He worked in abstractions and knew little of the told me, was his ability, the rare knack, to opened gates for me. Dear Lord, open your people who were part of those institutions. get ordinary people to do unordinary and ex- gate wide for Terry Sanford, he opened gates But Terry was amazingly able to bring those traordinary things. for all of us here on earth. Oh Lord, open two aspects of leadership together. He under- We reflect a little bit, those of us who grew wide your gate for Terry Sanford, he never stood that institutions are made up of indi- up in North Carolina in the Sixties, on a dif- closed a gate on anyone. He never kept the vidual human beings. They are not bloodless ferent climate, but we also wonder whether gate closed on anyone. God bless him. abstractions. He also understood that indi- our brethren in North Carolina were much vidual human beings need good institutions different than our brethren throughout the REMEMBRANCE AT THE FUNERAL OF TERRY in which to live and to work and to flourish. region during those turbulent times, or were SANFORD we blessed in the Sixties with the kind of the He cared about the state of North Carolina, (By Mary Duke Biddle Trent Semans, Chair leader who did not reflect a lot of the the government of his country, the United of The Duke Endowment) sentimentalities and the sensibilities of the States Senate, the School of the Arts, the A man from Durham County called me and School of Science and Math, and Duke Uni- people as much as he shaped them and ele- vated those sensibilities? asked, ‘‘Do you think we could come to versity. We are all better, and stronger, and Terry Sanford’s services. He was my friend.’’ more optimistic about the future, because of Thirty-five years ago, in neighboring states in the South, Ross Barnett in Mis- I’m sure he’s here today because all of us the lasting legacies of Terry Sanford’s life know that we are all his friends. That man and leadership. sissippi closed gates, shut doors to prevent James Meredith from entering the Univer- knew that all of Terry’s friends were real, sity of Mississippi. At about the same time they were forever and they were sincere. REMEMBRANCE AT THE FUNERAL OF TERRY And as a citizen of Durham, I have to ex- SANFORD Gov. Faubus from Arkansas closed gates, shut doors, to keep students from integrat- press gratitude for what he meant to this (By Daniel P. Blue, Trustee of Duke Univer- ing the public schools in Little Rock. At community. This became his home. He rec- sity and Former Speaker of the N.C. House about the same time, Gov. Wallace from Ala- ognized Durham’s egalitarianism, and he en- of Representatives) bama stood in the schoolhouse door to block hanced its peoples reaching out for each To the wonderful Sanford family and the entrance, to close the gates. In Virginia, other. As a result of his historic achieve- extended Sanford family, I come to remem- schools closed, people were denied, gates ments, Terry Sanford changed the face of ber and commemorate the single most im- came down. North Carolina. For those of us who worked portant North Carolinian in my lifetime and And at about the same time, Gov. Terry with him through the years, Terry Sanford perhaps the single most important North Sanford in North Carolina boldly generated was our hero. We referred to ourselves as Carolinian of this century. the resources to improve public education being part of the family. He made us feel When I was 24 years old with a wife and for my generation, helped establish our that we were on his magic carpet and that he young son and two weeks experience practic- statewide system of community colleges for expected us to do things we never dreamed ing law, Terry Sanford came to visit me in my generation, created the North Carolina we were capable of. my office. He walked in, closed the door, sat School of the Arts, created the Governor’s The image of North Carolina as that spe- down. He could tell I was nervous. After all, School in Winston Salem, created the Learn- cial state, which stands out in the South as who wouldn’t be if you had a former gov- ing Institute of North Carolina, increased its most progressive and inventive, was cre- ernor, the president of the university from teacher pay, started the North Carolina ated by Terry Sanford. He had golden aspira- which you had just gotten your law degree Fund, and established the Good Neighbor tions for it and he made them come true. He and the single partner in a law firm that had Council to discuss racial issues in the state was convinced that there was no fence which just blazed a new path in this state by being during those tense times. could be built that North Carolina could not among the first to hire an African-American He had a vision to see across the landscape reach and climb. So he established the goals lawyer, come in the office. of hopelessness, hate, distrust and despair: to and led the state to its place of honor. Well, after giving me a little fatherly ad- look through the hills, that existed at the Just think of some of the institutions— vice on the practice of law, Terry told me, he time, or racism, of economic deprivation and some which have been mentioned already, said, ‘‘I came over here to check on you, see all of those things that he clearly could see but I have to say again—we watched him how you’re doing. These fellows will treat across, and see a gate of opportunity for all build: Governor’s School for academic you all right. If they don’t, let me know. And North Carolinians, for all Southerners, for achievers; the North Carolina Fund, one of let me know if there is ever anything I can all Americans. the nation’s first poverty programs; the com- do for you.’’ It was his law firm of course— In fairness, I will say this, one quarter of a munity college system; a public policy insti- Sanford, Cannon, Adams and McCullough, at century later, Gov. Wallace repented and we tute at this university; the establishment of the time. And I later learned that Terry had know, those of us who are believers, that the the American Dance Festival that he placed a call to the senior partners in that Lord has said there will be more rejoicing in brought to this state; and of all audacious firm and told them that he had observed this heaven over one sinner who repents than achievements, the North Carolina School of May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3601 the Arts, a conservatory for talented profes- simple fun and foolishness. I look back to those values with the most amazing energy sional aspiring young people unique in the the beginnings long ago. I’ve ever encountered in anyone. He was lit- South, and in many ways unique in the na- In looking back it all seems very simple to erally indefatigable. It was not only bound- tion, which is already graduating Oscar me. Why he was what he was, and did what less, but it was never-ending, showing itself nominees and winners. he did and persevered to the end. He did it even as he fought the last battle of his life As president here, Terry Sanford threw because he took an oath when he was 12 against cancer. open the windows of Duke University—open years old and kept it. It started out, ‘‘On my One is forced to ask, why? Why did Terry to the state, the nation and the world. He re- honor I will do my best to do my duty to God Sanford pour so much of himself into his minded this institution of its great North and my country,’’ and then included such quest for a better society, in his efforts for Carolina history as Trinity College and things as help people at all times. It’s hard others? One time, Terry and Bert Bennett, brought its alumni back into the fold. He to believe, but he believed it. He was the who’s sitting here on the front row, were out sensed the founders’ dreams and carried eternal Boy Scout, it is just that simple. He on the road campaigning with Margaret them out. He emphasized Mr. Duke’s vision. was a true believer, not a heavy breathing Rose, and they were all being subjected to Known by many students as ‘‘Uncle Terry,’’ true believer but a true believer in the Frank the same old, cold green peas and chicken he listened to students and challenged them Graham mold—that it’s better to light a can- and equally tasty rhetoric from some of the with new opportunities. When he was here at dle than to curse the darkness—That you local politicians. Margaret Rose was com- Duke as president, Terry Sanford said, very should not take counsel of your fears, that plaining to Bert that Terry was gone from wisely, ‘‘there is never an end to building an the fundamental requirement is to do jus- home all the time, little Terry and Betsee institution.’’ tice, to love mercy and remember that you were moaning about missing their father. He never stopped building and he never are mere mortal in the eternal presence, that Bert slipped a note to Terry which said, Why stopped dreaming and even in the last few on the earth’s last day if you should happen do you continue to stay in this business any- months, he was planning an institute for the to be there, the thing to do would be to plant way? Terry fired back a note with the follow- arts in the Triangle. Looking back, we real- a tree or write a book or start building some- ing words: to keep the SOBs out! ize that almost every one of his great thing worthwhile. It was the ideals which drove him. I know achievements was concerned with youth, as Of course, he was more complicated than of no public figure who has demonstrated well as with the disabled, minorities, the that. Of course, he didn’t always succeed. Of such consistent fidelity in his ideals over a under served and under privileged—not only course, he was capable of occasional mis- lifetime than Terry Sanford did. Most of us helping them in groups, but caring about calculations and errors of judgment in public change as we grow older, get a little more them and reaching out to them as individ- and private affairs. Of course, he was prey radical sometimes, more often we get a little uals. He cherished the teachings of his par- for the usual human failures. But on the es- more conservative. But his devotion to his ents and he lived a life based on his Sunday sentials, for the long run, in good times and ideals didn’t waver one whit over those 47 school lessons. There was a particular sweet- bad, he kept the oath about as well as can be years. In another extraordinary respect, Terry ness about his love of the Methodist Church kept by one in the heavy engagements of an was unique among all those of my acquaint- and of this state and always there was Mar- active, uncloistered life. The simple compass ance. He had an unquenchable thirst for garet Rose by his side. Thank Good for Mar- held him true on course until the end. That ideas from everyone, which led him to seek garet Rose. is why in the world he liked to quote about out persons of all stations and conditions of As we face the days ahead with a lost feel- his great personal and political friend, Kerr life with whom to consult. Indeed, his life ing, we know that in addition to being an Scott, ‘‘He plowed to the end of the road, his was a never-ending pursuit of the best ideas icon, he was a comfort. Just knowing he was furrow was deep.’’ Airborne all the way. from as wide a circle as possible about how nearby gave us a sense of security. Steven to solve the problems of concern to him or Sender wrote that the truly great are those EXCERPTS FROM THE TERRY SANFORD indeed them. He was resolutely determined who in their lives fought for life and who REMEMBRANCE to resist becoming the captive of his long- wore, at their hearts, the fire’s center. Ter- (By Joel L. Fleishman, Professor of Law and time friends, his campaign workers, his ry’s fire will never go out, but we must vow Public Policy at Duke) kitchen cabinet. It goes without saying that to carry on his fight to make the world bet- Terry Sanford was a great-spirited, great- he was always loyal to them and they had ter for everyone—for all the people. We must souled man, a man of passion, a man with a access to him, but that inner circle was per- never let him down. So call out the trumpets conscience that had real bite, a man of loy- petually refreshed over the years by hun- and celebrate the life of this great man who alty. But most of all, Terry Sanford was a dreds of others whom he sought out and drew was our great friend. creative genius, but a thoroughly practical in on a continuing basis. He had the most re- one, who transformed everything he touched markable thirst for new ideas of any man of TERRY SANFORD REMEMBRANCE into something finer, better, worthier and action I’ve ever known, and that had to be (By Judge J. Dickson Phillips, Jr., Senior more useful to the world. If I had to call him the key to many of those innovations for Judge, U.S. Court of Appeals for the 4th by any single phrase, it would be ‘‘the great which he is so justly credited. Circuit) transformer.’’ Margaret Rose, Terry, Betsee, Helen, Mary At a time when most Southern governors EULOGY DELIVERED AT THE FUNERAL OF Glenn, friends all. I last saw him in the hos- were engaged in shameless, vicious race-bait- TERRY SANFORD pital just before he left and he wanted to go ing, Terry Sanford staked his political career (By the Rev. Thomas Langford, Provost home. He greeted me then, both feebly and on achieving equality of opportunity without Emeritus at Duke University and Former with effort, as he had a thousand times dur- regard to race, and thereby transformed, Dean of Duke Divinity School) ing our intertwined lives—the raised hand really transformed, public discourse in North Everyone here possesses his or her own and twinkly smile, the same song, Dixon. Carolina. memories of Terry Sanford; each of us has From there my memories of him run back at The great transformer, what was his se- our own sense of friendship and achievement; least 65 years, give or take a few either way, cret? What were the qualities of mind and each has a story to tell. And we were re- the boyhood days in Laurinburg. Our moth- character that enabled him to achieve those minded of this as we heard these moving and ers were both Virginia-born school teachers. feats? First off, he genuinely cared about delightful stories of those who knew him They had been lured to Laurinburg, so one of people. Secondly, he never let things get to well. our Virginians once suggested, for the dual him. Over 47 years, I never saw him get Terry stood at the intersection of the local purpose of bringing some Virginian intel- angry but once. That was when a state troop- community and an expanding world. He al- ligence and learning to the N.C. backwoods, er on duty at the Governor’s Mansion inad- ways began at home—a dutiful son, a family and perhaps, God willing, improving the vertently let it be known to a reporter that, man, a proud Methodist, and a committed Scotland County gene pool. Both of them, get this, alcohol was being served upstairs at North Carolinian. His loyalty was intense faithful to their missions, married good the mansion, and Terry was furious that his and generous. young men of the town, raised their families mother might discover that he took an occa- He asked that his commitment to the there and lived long lives as friends until sional drink. Methodist Church be especially mentioned. Miss Betsy died at 99, a few years before my He stuck to his word. Unlike so many per- He was, he said, an active Methodist (this de- mother died last year at 98. sons who occupy political roles, Terry San- scription, of course, is redundant. Anything Both of them almost to the long end of ford did not change his mind or his tune de- Terry did, he did actively). He reminded us their widowhoods in the houses in which pending on what those with whom he was that from his local church he had also par- Terry and I were raised lived before going talking wanted to hear or according to the ticipated in the regional and national life of separately off to college and away in the views of those with whom he had talked his denomination, and that he thought that mid-30’s. So, I look back and down the long most recently. If he made a decision and was significant. road of his life and accomplishments as re- committed himself to you, you could count Our commitments express who we are, and counted by Jim and Mary and Dan, some on the fact that he would stick to it and not so with Terry. From roots deep driven, new portions of which it was my good fortune to be persuaded out of it. growth came forth, limbs extended and share—in the close knit airborne units of How could he do that? Because he had real spread. Not leaves alone, but fruit was borne World War II and law practice, and political values, bedrock values; he believed in things. and passed life to others. We respected Terry battles. In moments too few, in retrospect, of He acted on those beliefs. And he served Sanford. H3602 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Here, O Lord, is one of your special treas- The essence of Terry Sanford’s leadership It is rare to find a public figure with such ures whom we return for your safe keeping. is found in one compelling strength of his a lifetime of achievement, FBI agent, com- Terry’s achievements have been immense. character as a leader: he paid to us his fellow bat paratrooper, state senator, governor, You’ve heard them recounted: a loyal son of citizens the ultimate compliment—he asked University President and US Senator. To all the state, a loyal son of his own university, us for our best. those he brought not just a rich and creative and a loyal president of Duke, a loyal citizen He asked that because he believed we are intellect but a mighty heart and the kind of of the nation, and a loyal friend. capable of giving our best and because he courage of which greatness is born. In his retirement, he kept doing what he knew that North Carolina was worthy of no And always there was the belief in his fel- had always done, and conceived an institute less. low citizens. Nothing is more characteristic for the arts, which would bring to this state This is an event tonight which pays tribute of that belief that his choice of the title to activities that were nationally important in to him in a special moment against a long give the network created by him to deal with both dance and drama. tradition of paying tribute to two great lead- the challenges of desegregation in the 1960s— In all the things that we have heard, Terry ers of the Democratic Party. Terry would he called them good neighbor councils. If Sanford added quality to our lives. We fol- agree with Jefferson that the ‘‘whole art of people could just see issues of race as a mat- lowed him with gladness. government is being honest; simply strive to ter of living together as neighbors even that Here, O Lord, is one of our special treas- do your duty and know that history will give challenging a time could be made good. Terry Sanford helped to give us our sense ures whom we now return to thee for your you credit where you fail;’’ and his career re- of our own greatness. What he led us to be- safe keeping. flects that great strength which North Caro- lina’s own Gerald Johnson found in Andrew lieve about him is not really so important. Terry possessed confidence, and he recog- What is important is what he led us to be- nized the competence of others. His own Jackson—‘‘he knew the people’s problems and he made them his own.’’ Terry’s own lieve about ourselves. reach was extended through others exercis- So if we are truly to pay tribute to him to- Democratic roots went back to childhood. He ing their abilities. night we will help others, especially young remembered well walking in a torchlight pa- How many of us owe some aspect of our life people, to understand that politics can be a or hope or ambition to Terry’s encourage- rade in Laurinburg when he was eleven, hold- noble ambition, that the people’s business is ment? He was always with people. He en- ing high a banner which said ‘‘Me and Ma Is a blessed career and that it has never been joyed people, he enjoyed the relationships, For Al Smith.’’ the politics in people that was wrong, only Yet, to fully understand his political com- he enjoyed organizing people around a pur- sometimes the people in politics. He would pose. He was a people person. And we enjoyed mitment as to fully understand the man, one want young people to believe that service to his company. has to see him as what he was first and fore- their fellow citizens demands courage and in- Here, O Lord, is one of your special treas- most: a North Carolinian. He would be com- telligence and faith in each other and that ures whom we now return for your safe keep- fortable with the words of Jefferson and such service is worth a lifetime of devotion. ing. Jackson but you know him best in the words His own life of public service is a powerful To recall Terry is to recall Margaret Rose, of Aycock and Vance. He believed with answer to those who doubt the capacity of Terry, Jr., Betsee, their family. You really Aycock that the role of the Tar Heel leader free men and women to undertake difficult cannot think of one without the other. Mar- was ‘‘to speak the rightful word and do the tasks, to preserve their freedom, to find har- garet Rose. What words are adequate? Help- generous act’’ and his politics of a lifetime mony and respect amid diversity. mate, faithful, patient, supportive, creator of demonstrated his conviction that Vance was To those whose pursuit of selfish ends left relationships, sharer of hopes, constructive right when he said that North Carolinians poverty and despair in their wake as they ar- critic, companion. All of these and more. are ‘‘a people of sober second thought.’’ gued about limited resources he said, but But the family was not small. It has ex- His ambitions for North Carolina were in what about the people. tended and been extending so that many of the minds of some outrageous but in the mir- To those who ignore or squander the tal- ents of that majority of our population you think of yourselves as part of the ex- ror of history courageous and sound. He which is female, he said but what about the tended family. All of us share this loss. We knew a secret about this place that Aycock knew and Vance knew: that there is an auda- women? were drawn into his companionship. To those who stumbled at the price tag of Here, O Lord, is one of your special treas- cious bent to our character that drives us to achieve greatness against all the odds. So progress, he said but what about our chil- ures whom we now return to your special dren? keeping. there they are: a School of the Arts, a Gov- ernors School, a statewide Community Col- To those who cast fear in front of rec- Grace, at times, comes in human form. Re- onciliation, he said but what about our member God’s own best gift was in human lege System, an Institute of Policy Studies, a Museum of Art, a state symphony, a Coun- dreams? form. Terry has walked among us, and we And if he were here to speak to us tonight, cil on the Status of Women and private and have relearned that human life can express as we mourn his loss and share the bitter- public colleges and universities that are se- love and loyalty, justice and hope; that hu- sweet memories of our time with him, he cure among the best in the nation—there manity can possess passion and compassion, would say . . . but what about tomorrow? friendship and challenge, and, now, death they are for everyone, for every child, for Terry was a fascinating combination of and resurrection. every mind and for every heart. scholar, practical politician, combat para- He said to us that we will create here a tra- We are thankful for Terry Sanford. We re- trooper, and Boy Scout. All of that is cap- dition that says we can set our goals by how member him with gratitude, with admira- tured for me in the memory of that day thir- bold we are in our dreaming and how strong tion, and with joy. ty eight years ago when he filed for Gov- we are in our doing and excellence is the aim Here, O Lord, is one of your special treas- ernor. He was armed with all the practical of all our endeavors. tools of a good candidate: county organiza- ures whom we now return for your safe keep- If at times North Carolina was not with ing. tions, major endorsements, and an under- him, he was always with North Carolina and, standing of how far he could go without leav- in the spirit of Aycock and Vance and his ing the people behind him. Yet he made cer- TRIBUTE TO TERRY SANFORD DELIVERED AT own mentor Frank Graham, he never doubt- THE N.C. DEMOCRATIC PARTY’S JEFFERSON- tain that his young aide knew as he went out ed that in the course of time he and North that morning that in his pocket to pay his JACKSON DINNER, APRIL 25, 1998, BY THOMAS Carolina would be together. It was not so filing fee was a check written by his crippled LAMBETH, EXECUTIVE DIRECTOR, Z. SMITH much an act of faith as a statement of the and dying friend O. Max Gardner, Jr., . . . on REYNOLDS FOUNDATION depth of his understanding of his fellow Tar his finger was a paratrooper ring . . . and up Let me begin by saying that while this is Heels—an understanding grounded in more under his lapel was a Frank Graham for Sen- a time of sadness, Terry would not want that than half a century of going to them where ate button. sense to prevail tonight. He would have they were. But what about tomorrow? In the days and found joy in the presence of all of you, old All of Terry’s statewide campaigns—as sev- years to come men and women, young and friends and new friends, and special satisfac- eral drivers here tonight remember well— not so young, will answer that question in tion in the presence of the great lady who is had to involve a 100 county tour. He lived their own ways in countless endeavors our speaker [former Governor Ann Richards most of his adult life in urban centers and he strengthened by his memory and enriched by of Texas] and whose politics were his politics was excited by them but he was formed by a his inspiration for service and if you look and he would have sat here with admiration small town and in a time when very wise closely you will see, under their lapels, an- and pride for our governor whose political men and women could explain North Caro- other button. roots were his roots. lina as a collection of media markets, he It will say Terry Sanford, still at work. We have been reminded often in recent never forgot that it was also Burgaw and God bless Terry Sanford. God bless North days of the sense of humor which was always Burnsville, Mann’s Harbor and Mooresville, Carolina. with him. Those of us who visited with him Southport and Sparta. His politics were peo- in recent weeks know that it was there as ple. ‘‘But What About the People’’ was not [From The Wall Street Journal Thurs, Apr. long as consciousness remained. When asked only the title of a book he wrote, it ws the 23, 1998] once why he stayed in politics given all of its theme of his public service and it was always TERRY SANFORD MADE A REAL DIFFERENCE travails, he said ‘‘I stay in to keep the SOBs important to him to be with people in those (By Albert R. Hunt) out.’’ He would want us reminded of that places where they live—where the richness Last weekend, the phone call came from high calling once again. that is North Carolina abides. Duke University—my wife is an alumna and May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3603 trustee—to say that Terry Sanford had died. This has been indispensable to the pros- last struggle. On April 18, he finally lost, but It brought back many powerful recollections perous North Carolina of today, from the fa- as thousands of mourners gathered at the and thoughts about politics and government. bled Research Triangle to the megalopolis of Duke chapel last week, they remembered Back in the early 1960s, when I was a young Charlotte, one of the nation’s financial cen- with joy the many other battles he had college student at Wake Forest, there used ters. ‘‘Without the community college and taken up and won on their behalf. They knew to be raging debates over whether the his other educational reforms we wouldn’t his journey had a significance far beyond his ‘‘Negro’’ had basic rights. Terry Sanford have had the people with the skills to at- own beloved state: He taught us once again— gave an address calling for equal opportuni- tract these businesses to North Carolina,’’ at a time we need reminding—how much a ties and an end to segregation in public ac- notes the younger Mr. Bowles. ‘‘He really led single, fearless leader can do to release the commodations. This was a Southern gov- our state into the 20th century.’’ energies of a democratic people. ernor speaking, before Selma. Lyndon John- He remained an activist when he took over Over coffee at his home shortly before he son and the great national debates over pub- the presidency of Duke in 1969 during the died, Sanford returned time and again to his lic accommodations and voting rights had turmoil of the antiwar years on campus. youth and war experience. He talked of his broken the ground for him. When students threatened to take over the roots in a rural town and his continuing Terry Sanford then became one of my he- administration building, President Sanford pride in having become an Eagle Scout. roes. When he died last Saturday at the age replied: ‘‘Go ahead. I’ve been trying to oc- ‘‘That probably saved my life in the war,’’ he of 80, he still was. cupy it for a month.’’ said. ‘‘Boys who had been scouts or had been A few years ago a Harvard survey named Back then Duke was one of the best South- in the CCC [the Civilian Conservation Corps him one of the 10 top governors of the 20th ern universities. When Terry Sanford de- of Franklin Roosevelt] knew how to look century. As president, he turned Duke into parted as president 16 years later, it was well after themselves in the woods.’’ one of America’s greatest universities. on its way to becoming one of the half dozen Learning courage. As with many of this ‘‘Terry Sanford was a creative genius,’’ his top-ranked schools in America. ‘‘Terry be- century’s leaders—Harry Truman was one, dear friend Joel Fleishman said in an eulogy lieved that Duke should have ‘outrageous George Bush another—Sanford discovered his yesterday, ‘‘who transformed everything he ambitions,’ ’’ noted its current leader, own personal bravery in combat. He had to touched into something finer, worthier and Nannerl Keohane—and then he achieved talk his way into uniform (‘‘they rejected me more useful to the world.’’ them. the first time because of flat feet’’) and He deeply believed in the power of govern- Among his many accomplishments—ex- wound up a paratrooper. He jumped into ment, properly channeled, to do good. Politi- panding the world-class medical school, France just after D–Day, survived that hor- cians interested in leadership should study starting a top-flight business school, more rendous winter of 1944–45, fought in the Bat- the life of Terry Sanford. than doubling undergraduate applications tle of the Bulge, and came home a decorated Shaped by the Great Depression, this na- and attracting a higher-quality and more di- hero. ‘‘We become brave by doing brave acts,’’ tive North Carolinian was awarded a bronze verse student body—Terry Sanford again was Aristotle wrote, and so it was with Sanford. star as a paratrooper in World War II, fight- a racial trailblazer, hiring African-American Elected governor of North Carolina in 1960 ing in the Battle of the Bulge. Bill Friday, a faculty members. Vernon Jordan recalls that and limited by law to a single term of four Sanford friend and occasional rival as the the first commencement speech he gave at a years, he was so effective that later on, a president of the University of North Caro- non-black Southern institution was in 1973 lina, remembers those postwar times at Harvard survey recognized him as one of the at Duke, at Terry Sanford’s behest. The day 10 best American governors of the century. Carolina Law School: ‘‘When our generation he became president, a quota on Jewish ad- came back from World War II, there was a Long before other governors, especially in missions was terminated. the South, he invigorated public schools, noticeable sense of commitment that we During that period, Terry Sanford made were going to change things and make things built community colleges, attracted research two ill-fated and mercifully short attempts investments, and created centers of artistic better for North Carolina. Terry was our at running for president. If only he had leader.’’ excellence. But above all, he stood up coura- known how to win, he would have been a geously for civil rights. Inspired by Frank Graham, the legendary great president. In 1986, he was elected to the president of the University of North Caro- In Mississippi, Gov. Ross Barnett shut out U.S. Senate, but he was defeated six years blacks; in Arkansas, Gov. Orval Faubus; in lina. Terry Sanford and his allies became the later. apostles for change. In 1960, after endorsing Alabama, Gov. George Wallace. Only in In his last years, he remained a powerful North Carolina and Georgia did governors in- John F. Kennedy, a Catholic, for the Demo- proponent of the importance of government cratic presidential nomination and battling sist that blacks had rights, too. With the in improving people’s lives. Many of the in- Klan on the move, Sanford created Good segregationists in the Tar Heel State, he was novative state governors over the past 30 Neighbor Councils across the state, asking elected governor. The battle cry throughout years drew from the Terry Sanford experi- prominent blacks and whites to work to- most of the South those days was states’ ence. On the federal level, government bash- gether in pursuit of better schools and jobs. rights, a code phrase for racism. Terry San- ing is a favorite pastime, but Terry Sanford His popularity was damaged, but he defused ford instead preached and passionately prac- surely would remind us to think about Head the crisis and helped liberate the state from ticed states’ responsibilities. Start, or the Internet, or cutting the poverty the shackles of racism. On race, he never bowed to the racial dem- rate among the elderly by two-thirds over Sanford himself was the first to credit val- agoguery. He hired blacks, pushed for more the past three decades, or the world’s great- orous black leaders like Martin Luther King job opportunities, launched a model anti- est military or the best national parks or the Jr., John Lewis, and Rosa Parks for the civil poverty program, and integrated the state Centers for Disease Control and Prevention, rights revolution. Yet progress would have parks with his secretary of commerce, Skip- or the 20 American Nobel prize winners in been even bloodier and more painful had it per Bowles, father of the current White the past three years who were funded by the not been for a few white leaders who also put House chief of staff, Erskine Bowles. North National Science Foundation. That’s govern- themselves at risk by embracing the cause. Carolina avoided much of the racial animos- ment. Terry Sanford didn’t live by the polls, as ity that afflicted neighboring states. Those are lessons that young scholars at nearly every ‘‘leader’’ in Washington now so It would be a generation before he could Duke’s Terry Sanford Institute of Public slavishly does; he lived by his own sense of win a statewide race again, but he left a Policy will learn for years. When thousands right and wrong, learned back in a little much deeper legacy. ‘‘Southern politician said goodbye yesterday, there was a powerful town. And he stuck to it, regardless of per- (like Terry Sanford and former Florida gov- symbolic aspect, appreciated by those who sonal risk. In his funeral service last week, ernor Leroy Collins) paid a great price for know of the intense academic, social and where his long years as president of Duke their courage,’’ remembers Eugene Patter- athletic rivalry between the University of and as a U.S. senator were also celebrated, son, a former newspaper editor and Duke North Carolina and Duke, only 11 miles his friend Joel Fleishman said he had ‘‘a con- professor. ‘‘But I don’t know what the South apart. Terry Sanford became the first son of science with bite.’’ Exactly. would be today without them.’’ Remember, Chapel Hill to be buried in the Duke chapel. Sanford, like Lyndon Johnson, believed this was a decade before New South gov- that racism was not only dividing blacks ernors like Jimmy Carter and two decades ‘A CONSCIENCE WITH BITE’— from whites but also dividing the South from before Bill Clinton’s governorship. the rest of the nation. By freeing people from TERRY SANFORD SHOWED THAT ONE FEARLESS Rather than closing schools or standing in its scourge, everyone in the region would LEADER CAN MAKE MILLIONS BRAVE schoolhouse doors, he became the nation’s have a better chance to grow. Indeed, that ‘‘education governor,’’ creatively working (By David Gergen) captured much of his political philosophy: A with foundations and the private sector to When doctors at Duke University discov- leader’s role is to raise people’s aspirations bridge gaps and build an asset base for the ered in December of last year that Terry for what they can become and to release future. He started a school for the arts and Sanford had inoperable cancer, they told him their energies so they will try to get there. the Governor’s School for gifted students. He he had 90 to 120 days to live. ‘‘I’m not giving When Sanford became governor, as significantly improved higher education and, up,’’ he replied, ‘‘because I learned how to Fleishman pointed out, his state was 49th perhaps most importantly, built a commu- live with much worse odds during the war. among the 50 states in per capita income; nity college system; there were only five Now, I don’t want you to give up, either.’’ today it is 32nd and rising. More than that— community colleges when he took office, but Ever gallant, ever hopeful, the former gov- as so many natives will attest—hate is giv- he led a more than tenfold expansion. ernor and university president entered his ing way to decency, pessimism to hope. A H3604 CONGRESSIONAL RECORD — HOUSE May 20, 1998 single leader, brave and idealistic, liberated colleges, as well as establishing the dare say, from another angle of an edu- the best in his people. North Carolina School for the Arts, the cator, knowing that his influence was, Mr. HEFNER. Mr. Speaker, I yield to first residential, State-supported col- indeed, infinite; that a great educator the gentlewoman from North Carolina lege devoted solely to fine arts. knows how to pass on his ideals from (Mrs. CLAYTON). He established the Good Neighbors generation to generation; that he can Mrs. CLAYTON. Mr. Speaker, I Council, later known as the Human Re- improve and uplift the lives of scores of thank the gentleman for yielding to me lations Council, to provide a public other folks long after the original and also thank him for his leadership forum for racial issues during a time of teacher has moved on or passed on. in arranging for this special order hon- significant unrest. Terry Sanford was the consummate ed- oring a great American. His vision extended to projects like ucator and, fortunately, for us, his in- Kahlil Gibran asked this question: the Research Triangle Park, which is fluence is, indeed, infinite. Are you a politician who says to him- now one of the premier high-tech areas A few weeks ago, when I joined my self I will use my country for my own in the country. He worked diligently to distinguished colleagues, not only from benefit, or are you a devoted patriot attract companies to that area with North Carolina, but other colleagues who whispers in the ear of his inner IBM being the first to establish there. who serve in government and education self, I love to serve my country as a He was ever the eternal optimist, see- and civic activities and church activi- faithful servant? ing only the best in North Carolina and ties and in the military and from so With regard to Terry Sanford, his ac- seeing the best in all human beings. He many other spheres of influence back complishments speak for themselves. continued to push the State to new home in North Carolina and also here He served North Carolina and the Na- heights and challenge the individuals in Washington, we had 2,000 people tion at large in a variety of roles: FBI to be all that they could be and should gathered in Duke Chapel to honor a agent, Army paratrooper, Democratic be. man whose power and influence was Party Convention delegate, governor, John Fitzgerald Kennedy remarked not only while he was sitting in the of- Duke University president, presidential ‘‘A man does what he must, in spite of fices that he held, and we have heard candidate, and U.S. Senator with dis- personal consequences, in spite of ob- the laundry list of those great offices tinction and honor. He sincerely loved stacles and dangers and pressures.’’ tonight, but also by his influence per- to serve his country. Terry Sanford did what he had to do sonally. This truly faithful servant weathered as a Bronze-Star winning member of When we think about those who were some of the most turbulent storms of the 82nd Airborne, as Governor, as touched by him, we cannot help but the century, his moral accomplish Duke University president, as a U.S. think about the students at his beloved never wavering. Terry Sanford faced Senator. No matter what he did, he did Duke University, where he was affec- crisis and adversity head-on, never his duty. He always fought to do that tionately known as Uncle Terry. As an afraid of doing what was right and just, which is right. And he always fought educator, they love nothing more than even though those actions had high the good fight. to see his boundless energy and exu- personal as well as political costs. Confucius said, ‘‘He who exercises berance that comes with youth. Terry Sanford was gifted with a government by means of his virtue He was blessed throughout his life to unique combination of virtues: caring, may be compared to the north polar influence folks of all ages but espe- courage, and vision. He cared deeply star, which keeps its place and all the cially the young in my generation, to about all of North Carolina’s citizens stars turn towards it. Terry Sanford empower scores and scores of young and was courageous enough to buck was Polaris, the bright North Star, people, to be involved, yes, in politics, tradition and ignore conventional wis- shining in the darkness of the sky, like but beyond politics, to be involved in dom in order to seek out what he knew a beacon. He blazed trails, on which their communities, to be involved in was best for the Old North State, North many of us now follow, his unwavering serving their State and their country Carolina. virtue as a testament of his caring for and whatever their calling might be. Terry Sanford was progressive before people and his commitment to his When Terry Sanford entered into the it was popular to be progressive, espe- State. North Carolina Governor’s mansion in cially in the South. North Carolina was All of us who knew Terry Sanford 1961, North Carolina ranked next to at a crossroad, with monumental op- thought of him as our friend as well as last in national per-capita income and portunity for progress or peril. our mentor. Therefore, it is our chal- was mired in the social and racial mo- Terry Sanford had a vision, one lenge to keep his vision alive as we, in- rass that plagued all other southern which he made a reality during his ten- deed, respond to new opportunities and States. At a time when other governors ure of Governor from 1961 to 1965. This revisit old opportunities and chal- across the South resigned themselves vision is clearly articulated in his In- lenges. Let us celebrate his life and his to the moment and were closing the augural Address. He said ‘‘Today, we accomplishments through our present door to all but a selected few in soci- stand at the head of the South, but and future actions, to be as Terry San- ety, Terry Sanford opened the door. that is not enough. I want North Caro- ford was, to fight the good fight. He saw through the fog of hatred and lina to move into the mainstream of Mr. HEFNER. Mr. Speaker, I yield to repression and put North Carolina on a America and to strive to become the the gentleman from Cumberland Coun- course where it is today, a leading cen- leading State of the Nation. I call on ty, North Carolina (Mr. MCINTYRE). ter for technology development in the all citizens to join with me in the auda- Mr. MCINTYRE. Mr. Speaker, I am South, and now a State that ranks cious adventure of making North Caro- happy to represent Cumberland and among the top 30 in the Nation for per- lina all it can and ought to be.’’ Robinson and seven other counties that capita income. Keeping true to this vision, he fought are in our home area, particularly be- The resources that he helped gen- poverty, illiteracy, and segregation in cause, as I thank my distinguished erate to improve public education were creative and innovative ways. dean of our delegation, the gentleman for all North Carolina students and es- Terry Sanford created a statewide from North Carolina (Mr. HEFNER), and tablished a statewide system of com- anti-poverty initiative known as a the distinguished colleague, and join these munity colleges so that every student Carolina Fund, which President Lyn- other distinguished colleagues from in the North Carolina public schools don Baines Johnson used as a model for the Tarheel State, because Terry San- would have that opportunity to attend his War on Poverty. ford did spend much of his time in our an institution of higher learning. He took a great risk and pushed congressional district that I represent I dare say that the HOPE Scholarship through a political unpopular, but very currently, in Fayetteville and Fort passed by this body just last year in necessary, very practical legislation Bragg, and grew up in the town not far North Carolina would have not been through the North Carolina State Gen- west of my hometown of Lumberton in anywhere nearly as meaningful if it eral Assembly expanding the 3-cent the neighboring district of the gen- were not for the fact that this crown- sales tax to include food in the name of tleman from Laurinburg, North Caro- ing jewel in Terry Sanford’s tenure as education. lina (Mr. HEFNER). Governor came to being during his He conceived and implemented the When we think about Terry Sanford, watch, our great community college first statewide system of community we think about the influence, I would system. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3605 Indeed, Sanford’s commitment to I thank the gentleman from North that I think for me personally is the education led to his moniker as the Carolina (Mr. HEFNER) for yielding to mark of this man. original education Governor. It also led me. Imagine yourself in the early 1960s in to the creation of the North Carolina Mr. HEFNER. Mr. Speaker, I yield to the South, governors standing in the School of the Arts, the Governor’s the gentleman from North Carolina doors of schools to keep black students School in Winston-Salem, the Learning (Mr. WATT). from integrating those schools; gov- Institute of North Carolina, the North Mr. WATT of North Carolina. Mr. ernors saying we are not going to allow Carolina Fund, and also higher teacher Speaker, I thank my colleague for our higher educational institutions to salaries for men and women who play yielding time and for taking out the accept black students; demonstrations such an integral role in the lives of our time to honor our friend and colleague taking place throughout North Caro- children. When we think about the op- Terry Sanford. lina and throughout the South for the portunity for education, for economic Before I do that, I want to pay spe- opportunity for black people to sit at development, we think about Terry cial tribute to the dean of our delega- lunch counters and sit in restaurants Sanford. tion, who, much to the consternation and eat; and all throughout the South, Terry Sanford loved challenges. He of all of our Members, has decided that governors were taking the position loved also to issue them because he was he is stepping down after this term in that ‘‘We are going to take the course a master at challenging people in a Congress. We are going to miss him im- of maximum resistance.’’ manner that would ultimately result mensely for the wonderful contribu- But in North Carolina, Governor from those around him realizing great- tions that he has made to the State of Terry Sanford was serving from the ness themselves or at least recognizing North Carolina and to our country. years 1961 to 1965, and Governor Terry that the things that they sought to But, of course, tonight is not about Sanford stood up as one of the only achieve were, indeed, obtainable. the dean of the delegation. We are southern governors at that time and Terry Sanford taught us that democ- going to take out a special order for said, ‘‘Black people are Americans, and racy is not a spectator support. He him and roast him when the appro- they deserve rights that are guaran- spoke often of the Declaration of Inde- priate time comes. teed to American citizens under our pendence and the Constitution, two I want to spend a few minutes this Constitution.’’ He took a leadership documents that serve as both the cor- evening talking about my friend, Gov- role on that front, and North Carolina nerstone and foundation of our Nation ernor-Senator-President Terry San- is a different State today, the percep- and government. These two documents ford. It is really hard to know where to tion and reality of North Carolina are are filled with words such as ensure, focus your attention when you talk different today as a result of that promote, establish, provide, and secure, about Terry Sanford because there are stand. words that, as Terry Sanford himself so many wonderful contributions that During his term as Governor of the pointed out in his own writings, and I he made to the State of North Carolina State, he appointed more minorities to quote, connote action and all suggest, and to our country. government posts in his administration he said, that we must constantly be You could take any one of these con- than any of his predecessors had ever striving to improve the opportunities tributions and devote long, long peri- done before. of all people. ods of time, much more time than we There was a time in 1963 that I en- b 1930 have this evening, to talk about them, rolled at the University of North Caro- whether you were talking about his Terry Sanford set a high bar in that lina. It seems so long ago when I effort. While some politicians see polit- role as a war hero; or his role as the showed up on that campus, and I had ical office as an end to a means, the champion of public education, who ini- three white roommates assigned to fulfillment of a desire for their own tiated numerous programs to support room with me in a four person room. fame or power, Terry Sanford viewed it public education in North Carolina and And by the end of the day, every single purely as a means to an end. He viewed was instrumental in having the budget one of them had moved. That is the at- public office for what it should be, as for education, public education, grow mosphere that we were operating in in the most effective means to fix what in North Carolina by leaps and bounds North Carolina and in the South at was wrong, to serve the public, to im- during his tenure as Governor; as the that time. prove the lives of citizens of North person who originated the idea of com- Terry Sanford stood up and said, ‘‘We Carolina and the South, and, indeed, munity colleges in North Carolina and will abide by the law. Minorities are the United States. His unfaltering be- nurtured them; or as the person who citizens. They deserve the protections lief in people, his rock-solid fidelity to established the Nation’s first Gov- of the law. They deserve the protec- his ideals and values, his boundless en- ernor’s School, to provide free edu- tions of the Constitution,’’ and North ergy in fighting for those ideals and cational and enrichment to gifted and Carolina is a different place as a result values, proved to be the right mix for talented high school juniors and sen- of that. nearly half a century of public service iors, which 100 other programs now So among all of these things that I that has left so many positive marks exist in 28 States copying that pro- could focus on about Terry Sanford, for on our State and, indeed, our Nation. gram; or as a champion and great sup- me as a member of the minority race in Yes, Terry Sanford set a high bar, porter of the arts and arts education, North Carolina, for others who are mi- but he never did appreciate easy chal- and the person who conceived the idea norities in North Carolina, for others lenges, and nothing would please him and nurtured the idea of a North Caro- who like to brag about the progressive more than for us to pick up that chal- lina School of the Arts which has image that North Carolina has, for oth- lenge and to aim for that bar, no mat- turned out so many wonderful artistic ers who understand that all of us are ter how high it may be set, so that we people, professionals, outstanding art- created equal, Terry Sanford is our ourselves can attain those things ists, performing artists and dancers hero. Terry Sanford stood up when which seem unattainable, for it is in and the whole range of artists in our other people were sitting down on the that quest that we will undoubtedly Nation; or as the Governor who was job. recognize achievements that we may ranked as the 20th Century’s Most Cre- For that reason, I want to thank my have thought were impossible; it is in ative Governor by Harvard University; colleague, the senior member of our that quest that we will provide a better or as president of Duke University; or delegation, for giving us the oppor- life and improved opportunities for the as a member of the United States Sen- tunity to say these few words about people we represent; and it is in that ate. our deceased friend, Terry Sanford. I quest that we will ensure that the leg- You could select any one of those hope that we will remember those im- acy of a man instrumental in the his- things and talk for hours on end about passioned positions that Terry Sanford tory and future, not only of our great the contributions that Terry Sanford took, and remember that not long be- State of North Carolina, but, indeed, of made to North Carolina. But, having fore he died, in an interview he said, our great Nation, lives on forever, just put those things in the record and ‘‘We almost have the same problems we as the teachings of a true educator heard my colleagues talk about some had then. Race is far from solved, de- should. of them, I want to focus on one thing spite what people say. Children are H3606 CONGRESSIONAL RECORD — HOUSE May 20, 1998 still neglected. The working man is portunities might happen to have been. his fellow citizens through fighting to somewhat improved, but he still puts Maybe that came because Terry improve again public education, pro- in more than he gets out.’’ Sanford’s mother was a teacher, and moting racial healing, and fighting to That is what Terry Sanford stood for, she encouraged him and she really in- eradicate poverty as he had at the local making sure that working people, mi- stilled in him the great need for public level. norities and every single citizen in education, for which he gave her much After he left the Senate, he did not North Carolina got what he deserved, credit throughout his life. go home and start collecting his cou- and the benefits of being an American Terry Sanford was a guiding force in pons or rest on his laurels, he started citizen and a North Carolinian. building one of the finest community two law firms. My goodness, that I yield back to my good friend, the college systems, in my opinion, in this would be a lifetime for anyone. He did dean of our delegation. country, and you have heard about it in the short years after leaving the Mr. HEFNER. Mr. Speaker, I now that this evening. Senate. He lectured on public policy yield to the former Superintendent of I think Terry Sanford deserves a issues at Duke University in the public Education in North Carolina, now the great deal of credit for creating the policy institute building that currently Congressman from North Carolina (BOB first State-sponsored residential train- bears his name. And most recently, he ETHERIDGE). ing school for the performing arts in led a $100 million fund-raising cam- Mr. ETHERIDGE. Mr. Speaker, I the United States, at a time when no paign to create a world class perform- thank my friend, the dean of our dele- one would have thought it would have ing arts center, an institute in North gation. As my colleague from the 12th been created in the South. The North Carolina. District said, we are going to miss you Carolina School of the Arts, which can greatly, but we will talk about you now say they have in their list of grad- Terry Sanford exemplified the best later. uates individuals who have received qualities mankind has to offer, and we I am honored this evening to have a the Oscar in acting, who have received owe a debt of gratitude for his undying few moments to speak about my good many Emmys, and they came through service to his native State and to his friend and a friend of many, Terry San- the School of the Arts created during fellow Americans. Terry Sanford pro- ford. his administration. vided a guiding light for a whole gen- The first time I remember hearing Governor Sanford had a distinct and eration of educators, public servants, Terry Sanford speak was at my com- heavy responsibility, and was one of and other State and national leaders. mencement exercise as I graduated the people who helped create the Re- He was and will remain a beacon for all from college. I had heard of Terry San- search Triangle Park that is one of the good things about humanity and about ford, the man of vision, but he had a leading parks in this country, that em- being an American. God bless Terry special way of letting you feel special, ploys thousands of people in North Sanford, his family, his State, his Na- and challenging individuals to really Carolina every day. tion, and all of those who, like me and get involved in their State and their my colleagues on this floor tonight, b Nation. 1945 who have stood on his broad shoulders. But tonight I would say that Terry He created the Governor’s School, as Mr. Speaker, I thank the gentleman Sanford was not simply a great and ad- my colleagues have heard, that I had from the eighth district, the dean of mired politician. He was one of the the real privilege as superintendent to our delegation, for organizing this most accomplished Americans of the oversee during my term there, and it hour. I thank him for this opportunity 20th century. I remember listening to provided opportunity for over 400 to say a good word about our good his eulogies at the funeral several bright and creative young people every friend, Terry Sanford. weeks ago, and I could not help but year at two sites to get an educational Mr. HEFNER. Mr. Speaker, as dean think that those eulogies coming about opportunity, and it has been modeled of the North Carolina delegation, I an individual who served four years as across the country. He created the would like to say a few words on behalf Governor, not four terms, four years, Education Commission of the States of a man whose friendship and profes- serving one term in the United States that now helps educators, governors sional generosity has meant a great Senate, serving as a college president, and chief State school officers work to- deal to me. could have been for five or six people gether to improve education in this for the things that he had accom- country, a legacy that is so important. Terry Sanford was at different points plished, because Terry Sanford served Governor Sanford, as my colleagues in his life a practicing attorney, State his State and his Nation with enthu- have heard, was one of the southern Senator, governor of North Carolina, siasm, with bravery, and with distinc- governors of his day, I would have to President of a major university, a tion in so many ways. say, that was rated as one of the top 10 United States Senator, a civic leader, He fought for his country as a para- governors in America by Harvard. But novelist, father and husband, and a trooper in World War II and was deco- as the gentleman from North Carolina true entertainer. In fact, one could live rated any number of times, and he was (Mr. WATT) said, one of his great leg- one’s whole life without meeting a man proud all of his life of the time he acies was that he was one of the, that had his range of talent. served his Nation in Normandy and all maybe the only, there may have been But then, Terry was no ordinary across Europe. He served as an agent others, but the only southern governor man, he was really a bit of a legend; with distinction in the Federal Bureau who was the first to stand up and look and there were a lot of stories that cir- of Investigation. During those times he in the ugly face of racism and say, no culated about Terry Sanford and some could have been exempted from serving more, and it will not happen on my of them were funny and some of them in the military, but he did not. He watch in my State. And he deserves a were sad, but there was one story that wanted to serve. great deal of credit for that. was told to me about when Terry was As you have heard this evening, he Mr. Chairman, as President of Duke campaigning for governor. He went up served as a statesman in the North University for 15 years, he transformed into the Blue Ridge Mountains of Carolina General Assembly, and there a regionally known, small southern North Carolina, and there was a bunch he laid the foundations of many of the university into a world leader in medi- of mountain folks sitting around an old things he would do later as Governor cine, law, religious studies, education, country store and he went in and he in- and as Senator to improve our State. and the arts. Today, Durham, North troduced himself, and this one fellow As Governor of North Carolina for Carolina is known as the City of Medi- said Terry, he said, I would like to only four short years, he laid out a cine, and they are known for that in know how you feel about some subject, record of improving public education my opinion because Terry Sanford pro- and Terry said, why, you know how I that is unparalleled anywhere in this vided that engine in Duke University feel about that. I have told the people country. He expanded educational op- in that great medical school. across this State, I bet I have told portunities, as you have just heard, for As a United States Senator from 1986 them 100 times how I feel about that. all North Carolinians, no matter what to 1992, Terry Sanford fought tirelessly And the guy said, well, we just wanted a person’s race, creed or economic op- and selflessly to improve the lives of to hear you say it. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3607 Neither one of them actually knew with that whiney old woman on it. And and their United States Senator. As we what the question was, but Terry San- he did not mean any disrespect, but he all know, he loved North Carolina, and ford had the capacity to laugh at him- wanted to point out how ridiculous it he loved the people that he served self and to be serious and get the job was for all of the things that was ac- there. He loved them so much he want- done, doing things what he called the complished in his administration, and ed the best for them, and that meant North Carolina way. He once asked the he got the name, right or wrongfully, I an end to racism and support for edu- people in our State to join him in an think wrongfully, of ‘‘Terrible Terry,’’ cation for all children. Of course, that audacious adventure of making North and it went with him to his grave. was his political lifelong endeavor. Carolina all it can and ought to be, and In 1993 he went back to private life Terry Sanford, one of the reports of then, true to his word, he spent the and took his work ethic with him. He his passing said that he died as he had next 40 years showing us how. I want to wrote books on policy, started a novel, lived, surrounded by new projects to be emphasize that last statement: Show- opened a second law firm, as my col- involved in, but we all know that he ing us how. Because the ability to lead league alluded to, served on a dozen had died as he had lived also being sur- by doing was not only the mark of this corporate boards, and became director rounded by his magnificent family and man’s career, it was the bedrock of his of the Outward Bound program, as well so many friends, and my condolences character. as a participant. In fact, at 63 years on behalf of my constituents to Mar- When he was governor of North Caro- old, he broke a bone in his back during garet Rose and to Terry’s wonderful lina in the 1960s, Terry played a risky a hiking trip in Oregon when he family, his children and his grand- card by taking the race issue head-on, jumped off a 40-foot cliff into the river, children on his passing. as my colleague so mentioned. It did which he admitted that was bad judg- b 2000 not matter to him whether it was pop- ment at the time. He has made a significant difference ular or not and he did not look at all When the doctors told him that he in the lives of people across the coun- the polls and the focus groups and what had cancer and gave him 2 months to try, not only in North Carolina, be- have you, he just felt a moral respon- live, he told his family, do not worry, I cause he served as a model, a real sibility to it. Where a lot of men go will beat it. If anybody could have model as a southern Governor. He soft, he drew a line in the sand. He beaten it, it would be Terry. We have a transformed the southern governor- took the issue of racism above politics, motto in North Carolina that is on the ship. He, more than anybody, brought even though the politics of a lot of State seal. It is a simple one, but I like the South into a modern era in terms southern governors at that time was it best because it cuts right to the of education and fighting to end rac- fear, and he challenged us not to just point, and it means, ‘‘to be rather than ism. know better, but to stand up and do to seem.’’ I first got to know Terry well, al- better, and that challenge did not end Terry Sanford followed that motto though I admired him from afar, when with just race. for his State, he followed it for his we were both running for chair of the He once said that North Carolina country, for his friends and his family, Democratic National Committee. Nei- could only be as great as the poorest and he made it a goal the rest of us ther of us won. I ended up throwing my among us. He believed he did not have could not only shoot for, but believe support behind Terry, and still neither to have power or money to get an edu- was possible. For that, Terry, for your of us won, but he ended up being a cation, and he pushed for increased guidance, for never turning back, and United States Senator and I ended up funding of public schools. In fact, he for asking us to be brave, we are eter- being a Congresswoman from Califor- funded the State’s first community col- nally in your death. I think I speak for nia, so we do not think we did too poor- lege system. This was a saying that every person in the State when I say ly, as it all turned out. But I was very, stuck with me: Develop the mind, he that as much as your achievements very proud of our friendship, and was said. Develop the mind, and the job will have changed our lives, we will remem- the beneficiary of much of his political follow. ber them forever in our heart. wisdom and advice in the course of At that time the North Carolina Con- There is a great old verse from a gos- that race, and subsequent to that. stitution barred the governor from suc- pel song that I think just fits Terry Of course, after that he went back to ceeding himself, so Terry left to take a Sanford and it goes something like become the head of Duke University, of job running Duke University, and for 10 this: which he was very proud. He said, ‘‘Of years he used his touch to make the I’ll meet you in the morning with a how- all of the things that I have done, the school famous across the world. He do-you-do, and we’ll sit down by the river, fulfillment of my professional life was started a school of public policy and and with rapture our acquaintance renew. Duke. I went there with a concept and doubled the size of the medical pro- And you’re going to know me in the morning I think with a mandate. I went out to gram, and at a time when a lot of presi- by the smile that I wear, when I meet you in make it a nationally recognized dents of colleges were under attack and the morning in that city that is built four school,’’ and of course, he did. The in- did not have the respect, but the stu- square. stitute there, the Sanford Institute, is dents loved him, they loved Terry San- Enjoy your rest, Terry. You will be named for him, the Institute of Policy ford. And at his urging, even the stu- dearly missed, and you have been a Science, Political Science Affairs, as dent section at Duke University, which great influence on so many people in the gentleman mentioned. was famous for its colorful language, this great country, and your being on Terry first started getting involved they even toned it down a notch be- this Earth for these years, you have in politics when he was 11 years old. cause Terry was such an influence, and truly, truly made a difference. His first taste of it came when he was they could be heard shouting, we beg to Mr. Speaker, I yield to the gentle- marching in a torchlight parade for differ, we beg to differ when the ref- woman from California (Ms. PELOSI). presidential candidate Al Smith in 1928 erees made a decision that they did not Ms. PELOSI. Mr. Speaker, I thank in Laurinburg, North Carolina. He car- agree with. my colleague for calling this special ried a sign that read, ‘‘Me and Ma is for In 1987 he was elected to the United order about a very special person, Al.’’ So he had it in his system, that States Senate, and I remember it very Terry Sanford. I am very moved to fever in the blood, early on about it well. We stood at the mill gates and we hear the words of my colleague, and as being very appealing, and also wanting went all across my district and we met our other colleagues from North Caro- to be a public servant. with a lot of people and there was a lina as they extend condolences and Ironically, when I said that we be- commercial that came out, and this pay tribute to Terry Sanford. came friends running for chair of the lady, and of course Terry was then 70 The gentleman from North Carolina National Committee against each years old, and this lady came on and (Mr. HEFNER) is right. Terry Sanford other, but became very fast friends she was berating Terry Sanford, ‘‘Ter- was a very, very special, unique person. after that, ironically, Hubert Hum- rible Terry Sanford,’’ for raising the We were blessed, those of us who had phrey had offered Terry the job of food tax. And he kind of turned it the privilege to know him and the peo- Democratic National Chairman in 1969, around and made a joke out of it and ple of North Carolina were indeed but Terry turned it down at that point. he referred to it as that commercial blessed to have him as their governor It was probably not to be. H3608 CONGRESSIONAL RECORD — HOUSE May 20, 1998 At any event, he had bigger things in a real remarkable man, and he will be Constitutionally prohibited from seeking a mind, and that was really the edu- a legend, as he should be, in North second term, Terry Sanford looked for a new cation of the children of North Caro- Carolina and in America. challenge. He started a law firm and turned lina at every level, including higher f down quite a few excellent opportunities such education, and in the Senate, to be a as becoming United States Ambassador to REPORT ON RESOLUTION PROVID- fighter, and he was a peacemaker, France, before he assumed the presidency of ING FOR CONSIDERATION OF H. bringing peace in Central America; Duke University in 1970. J. RES. 119, PROPOSING AMEND- again, fighting for education for all of At Duke University Terry Sanford doubled MENT TO CONSTITUTION TO America’s children, and an end to rac- the Duke Medical Center's capacity making it LIMIT CAMPAIGN SPENDING, ism. a nationally recognized medical center and We could probably all go on for a AND H.R. 2183, BIPARTISAN CAM- school and created the J.B. Fuqua School of long time talking about him, because PAIGN INTEGRITY ACT OF 1997 Business. he was a very special person. In the Mr. SOLOMON (during special order Continuing his dedication to Democratic pol- course of our lives in politics we work of the gentleman from Colorado, Mr. itics, in 1972 Terry Sanford campaigned in the with many people whom we respect and BOB SCHAFFER) submitted a privileged Democratic Presidential primary. we admire, but we all have to admit, as report (Rept. No. 105–545) on the resolu- Although he withdrew from the primary, wonderful as we think each other is, tion (H. Res. 442) providing for consid- Terry Sanford's ideas and ideals made an im- that there are some people who are eration of the joint resolution (H. J. pact both in 1972 and during his second cam- very special, and Terry was one of Res. 119) proposing an amendment to paign for the nomination in 1976. those. One of the sad things, I think, is the Constitution of the United States In 1973, Terry Sanford was elected chair- that he never became President of the to limit campaign spending, and for man of the 100 member Democratic Party United States. I always thought he consideration of the bill (H.R. 2183) to Charter Commission which rewrote the party's would be such a great President. amend the Federal Election Campaign Presidential nominating rules. Instead, he brought his leadership, Act of 1971 to reform the financing of He remained active in politics both in North his scholarship, his dignity, his grace, campaigns for elections for Federal of- Carolina and nationally. his kindness, his love for people to the fice, and for other purposes, which was In 1985, Terry Sanford retired from the pres- wonderful challenges that he had, referred to the House Calendar and or- idency of Duke University. which were not inconsiderable: Gov- dered to be printed. In 1986, Terry Sanford ran for the United ernor of the State, a United States Mr. HOYER. Mr. Speaker, on April 18, 1998 States Senate and defeated Republican Jim Senator, and as he said, a president of Senator Terry Sanford died at the age of Broyhill. During his term in the Senate, Terry Sanford Duke being his crowning glory. eighty after a long battle with cancer. was remembered as a thoughtful legislator In some of the obituaries, his family He was a Governor, a Senator, a two-time who took an interest in international affairs has to take great pride and satisfaction Presidential candidate, a lawyer, an author and education. in the obituaries that were written and a president of Duke University. He was a strong supporter of personal free- about him. But throughout his life I Growing up in the segregated south, the dom and peace. think he was held in such high esteem town of Laurinburg, North Carolina, young In 1992, Terry Sanford lost his re-election and respect that everybody knew when Terry learned the value of hard work and for a second term to a former Democratic ally you worked with Terry Sanford you money from the abject poverty his family lived of his, now a Republican. were working with somebody that was in after his father's hardware store went bank- One can only imagine what Terry Sanford a true leader. rupt. would have accomplished in the United States It has been said that Terry Sanford After a stint as a paratrooper in Europe dur- Senate if he had been elected to a second set forth a standard for leadership as a ing World War II, Terry Sanford returned to his term. Governor, university president, and native North Carolina to attend the University After his loss, Terry returned to North Caro- United States Senator that few could of North Carolina law school and to become lina, advising political candidates and spend- equal. He leaves a progressive legacy to the progressive voice of the Democratic Party ing time with his family. North Carolina, one of courage and one in North Carolina. Mr. Speaker, Terry Sanford was a remark- of hope. In 1960, Terry Sanford ran for Governor of able American. He demonstrated his courage by North Carolina and faced a spirited campaign One who understood the challenges of his being one of the first Southerners to against an avowed segregationist. time and rose to the occasion. While all too endorse John F. Kennedy for President, He was forced into a run-off but won with often public servants run from the pressing one of the first Senators to endorse a 56% of the vote and went on to become Gov- issues of the day, trying to avoid difficult deci- Catholic for President; and we all know ernor of the State of North Carolina. sions and choices, Terry Sanford did not. the hope and courage many times over, Terry Sanford assumed the governorship at His heroic stand against the status quo but that is just one example. His leg- a very turbulent time in the history of North throughout his entire life, and his belief that he acy will long be felt among the young Carolina and the South. could make North Carolina and the United people of North Carolina, and for fu- The historic sit-in at the lunch counter at States a better place is what we stand here ture generations to come. I consider it Woolworth's began just weeks after he as- today to remember. a privilege to have known him. sumed his office. Mr. BURR of North Carolina. Mr. Speaker, Again, I express the condolences of While some southern Governors were call- tonight we have gathered to thank God for the my constituents, because in California ing for resistance to this nascent civil rights life, the influence, the attitude, the service and he is well known and well respected. I movement and defended segregation, Terry the blessed spirit of Terry Sanford. extend their condolences, as well as Sanford called for moderation. He served as FBI Special Agent, Para- those of my own family, to the Sanford In his 1961 inaugural address, Terry San- trooper, Governor, Senator, University Presi- family, and thank the gentleman from ford called for a ``new day'' in which ``no group dent, Husband, Father and Grandfather in his North Carolina (Mr. HEFNER) for allow- of our citizens can be denied the right to par- life of service to his family, community, state ing me to be part of this special order ticipate in the opportunities of first-class citi- and country. Terry Sanford left a great legacy for our special friend, Terry Sanford. zenship.'' of good work. Mr. HEFNER. I thank the gentle- Along with civil rights and integration, Terry Terry Sanford was a man dedicated to mak- woman from California, Mr. Speaker. I Sanford also stood for education since his ear- ing the world a better place for those who would also like to thank all the people liest days. were in need. He understood that by bringing that participated tonight in these re- He created the community college system in people together much could be accomplished. marks about Terry Sanford, and for North Carolina and the North Carolina School Whether it was visionary goals for education those that will enter remarks for the for the Arts in Winston-Salem and the Gov- or the advancement of the arts, I think it was RECORD, it will be open for 5 days. ernor's School, a summer program for the his love of his country, his state and his family Truly, this has been a time when peo- most talented students in the State. He was that drove him to succeed with every initiative ple thought back to the things that recognized in a 1981 Harvard University study he tackled. Terry Sanford was a very special Terry Sanford stood for, and we will al- which ranked him as one of the Nation's top person, willing and determined to do whatever ways remember that Terry Sanford was 10 Governors of the 20th Century. he could to positively affect the lives of others. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3609 When the history of North Carolina is finally them on the floor of the House, on the tee on Government Reform and Over- written, a prominent place will be given to this floor of the Senate, and as President. sight has considered. It is one that the man who will be missed, but forever loved by Americans have every right to partici- American people have considered as so many. pate fully and openly and voluntarily well. f in that electoral process. Mr. Speaker, I would direct the at- That last statement that I men- tention of my colleagues to this chart THE PAYCHECK PROTECTION ACT tioned, that last word, ‘‘voluntarily’’, here. When we went out in the field The SPEAKER pro tempore (Mr. is the operative word here. It really is with a poll that we had commissioned, KINGSTON). Under the Speaker’s an- the basis for the Paycheck Protection those who are working on trying to nounced policy of January 7, 1997, the Act. Because in America today, it is find a solution to this problem, back in gentleman from Colorado (Mr. BOB possible, in fact, it is very likely, that October of 1997, we asked voters in gen- SCHAFFER) is recognized for 60 minutes if you belong to a labor union or if you eral, and these are voters, I might add, as the designee of the majority leader. belong to any other political associa- from throughout the country, and in Mr. BOB SCHAFFER of Colorado. tion that raises funds for political fact, this sample oversamples union Mr. Speaker, tonight is one of those op- causes, and if you allow your member- households, we asked whether individ- portunities for the Members of the Re- ship dues to be collected through auto- uals approve or disapprove of a new publican freshman class to address the matic wage withholding, it is likely, I Federal law that would protect work- House, to use this special order as an say again, that a certain portion of ers’ paychecks. opportunity to discuss many of the your wages are siphoned off for politi- As Members can see, the results are topics that come to our minds as new cal causes that you may or may not pretty overwhelming. In the universe Members of the 105th Congress. support. In fact, you may not even of all voters, 80 percent of them tell us I want to use the occasion to discuss know that that is occurring. that they support a change in the Fed- an issue that is very important to me So to those who find themselves eral law that would protect workers’ and to members of the constituency members of these various organiza- paychecks. Only 16 percent of Ameri- that I represent out in the Fourth Dis- tions, the first thing I would do is ask ca’s voters oppose such a law. The rest trict of Colorado, and others perhaps you to doublecheck your paycheck, to would have no opinion, of course. may be here to join me tonight, as look again and see if the money that When we ask members of a union well. That issue is the Paycheck Pro- you are sending to your union is really household where their preferences lie tection Act. going toward collective bargaining, to- in this regard, we find again that the The Paycheck Protection Act is a ward agency representation, or wheth- results of union households are no dif- measure this House has considered pre- er there are associated fees that neces- ferent than the results of voters in gen- viously this year, and it will come up sitate spending a certain portion of eral. Eighty percent of union house- again within the next few weeks. In your paycheck on various political holds tell us that they support a Fed- fact, as campaign finance reform legis- causes. eral law that would protect workers’ lation makes its way to the floor, the These political causes may be cam- paychecks. Paycheck Protection Act is expected to paigns for candidates like myself or When we ask members of the teach- be an integral part of the overall dis- any other Member of the House that ers’ union, the National Education As- cussions. I myself intend to see to it runs for office every 2 years. It may be sociation being the largest teachers’ that that becomes the case, and to a campaign for a local race in your union, and there is one other large one fight vigorously, certainly as vigor- State, for State legislature, Governor, and some other smaller ones, but when ously as I possibly can, to bring up the State Treasurer, county commissioner, we ask members of teachers’ unions, 84 issue. city council member, whatever the percent say they would support a Fed- Let me describe the need for it, and case may be. It may be a ballot initia- eral law that would protect workers’ what the Paycheck Protection Act is tive or a ballot issue, one that perhaps paychecks. all about. The Paycheck Protection is sponsored by a labor organization or When we ask non-union households Act is a measure that was inspired by a group sympathetic to labor unions, in general, once again, the numbers are a certain level of abuse that takes or it might be some kind of political not surprising, there, given what we place with respect to campaign fund- education initiative, where the goal have already learned from the other re- raising. and motivation is to persuade voters to sponses, 80 percent of nonunion house- Let me step back one moment and one degree or another to behave at the holds approve of a Federal law that say that this House has spent consider- polls in a certain way. would protect workers’ paychecks, and able time discussing how we spend All of these are legitimate functions 16 percent would oppose such a meas- money as candidates, and in political of our government. They are essential ure. parties, and in the political arena. It portions of electing representatives at Let me talk about the 16, 16, 13, and has spent time discussing different election time. But what should not 16 percent in these four different sam- strategies to get us toward full disclo- occur in America is a condition where ples that, for one reason or another, sure, and how we disclose the kinds of anyone is forced to contribute to a po- support a law that allows the current campaign finances that candidates and litical cause either against their will state of affairs today, that allows a politicians need to raise in order to put or without their knowledge. Political labor organization or any other politi- together campaigns. participation in the United States of cal entity to siphon cash out of some- This House has spent considerable America must and should be voluntary, body’s paycheck without their knowl- time talking about how that informa- 100 percent voluntary. edge. tion is accounted for through the Fed- The Paycheck Protection Act is a It is hard to believe that there would eral Elections Commission, and the bill that is designed to ensure that po- be anybody in America who supports rules that surround the Federal Elec- litical participation throughout the such a thing, but apparently, when tion Commission’s responsibilities, but country is voluntary, and it does so by asked, there are about 16 percent of the rarely have we spent time talking addressing the issue of automatic wage American public that believes that this about how the cash is actually raised, withholding and skimming off a cer- is somehow a good idea. and who works to raise the money for tain portion of one’s wages for political There are a number of reasons for political purposes. causes without their consent. that. Labor unions play a very power- In America, elections are a very im- It is an issue that many, many Amer- ful role here in Washington, lobbying portant time in our Republic in main- icans are concerned about. In fact, it is in the halls of Congress. We see them taining a democratic republican form a topic that the Committee on Edu- all the time, whatever the bill may be. of government. It is a critically impor- cation and the Work Force has spent Sometimes it is trade measures, some- tant time because it is the one time considerable time investigating, times it is tax issues. Other times it when the people are actually in charge through various hearings at different might be matters of environmental and assert their authority in deciding subcommittee levels throughout the regulation. It might be efforts to try to which representatives will speak for country. It is a topic that the Commit- improve public education throughout H3610 CONGRESSIONAL RECORD — HOUSE May 20, 1998 the country. Sometimes it is work Sweeney, the Democrat Congressional could not, the local union official, in force-related issues. It could be a vari- Campaign Committee is considering her notation here, when she went to a ety of topics. cutting off campaign funds to any local union official, she grudgingly said There are labor union lobbyists all Democrat who supports the Paycheck ‘‘She could not help me and stated that over this Capitol, and if you are a Protection Act. I could try contacting the IAM Presi- member of a labor union and oppose I would refer the body, in fact I will dent. I then approached the union shop many of the initiatives that have go through in more detail in a minute steward who advised me that if I de- taken place to clean the air, to im- or two, the news article from which I manded an audit, it would be very ex- prove schools, to improve workplace take that position. Federal and State pensive and would cause increases in safety and to try to create more jobs paycheck protection efforts will force our union dues. She stated that if that and wealth and to improve foreign union bosses to play by the same rules happened, she would let everyone in trade and so on, if you oppose those ef- that everyone else plays by. It is about our office know that I was respon- forts, as labor unions typically do, as time that labor bosses understand that sible.’’ Again, that was submitted in represented here in Washington, then the Constitution applies to them, too. her written testimony. you might want other people who are Mr. BOB SCHAFFER of Colorado. She went on, ‘‘I fear repercussions of your co-workers to pay for the message Mr. Speaker, what an opportunity to harassment. The IAM recently listed that you agree with here in Washing- yield on something that is very impor- the names of all current union dues ob- ton. But again, it is a very small mi- tant. I was speaking about the cam- jectors in the January 1997 issue of nority of people who believe that tak- paign finance reform efforts that are their Airwaves publication.’’ ing cash from an unsuspecting wage coming to the floor very shortly; the This quote was given in written testi- earner’s paycheck is a good idea. rule that was just read across the desk mony to the Committee on Education Once again, let me restate that. is certainly the vehicle that will allow and the Workforce Subcommittee on There are a handful of people here in that to occur. Employer-Employee Relations. I want Washington who believe that they have My intent is for the Paycheck Pro- to go on as to what the Paycheck Pro- some kind of right to take your cash, tection Act to play, to certainly be tection Act would do and how it would or an unsuspecting wage earner’s cash, considered within the context of that help in the case of Ms. Gansmann. and use it to promote the political ob- overall debate. There are several rea- First, let me say that the use of com- jectives of their minority opinions. So sons why the country needs the Pay- pulsory union dues for political pur- that is why we have 16 percent of the check Protection Act. According to the poses violates a basic principle of vol- American public, when surveyed, who Center for Responsive Politics, in the untary political participation which is agree with that sort of thing. 1995–96 election cycle, labor unions embodied in our Nation’s Constitution. The vast majority of Americans, flexed their political muscles by spend- In 1994, 40 percent of union members however, understand fairness when ing $119 million on Federal political ac- voted for Republicans, for example, yet they are looking at fairness, they un- tivity. That figure includes $35 million in 1996, less than 10 percent of labor derstand unfairness when they are on issue ads that the AFL-CIO says it PAC dollars went to Republican can- looking at such a travesty as involun- spent, nearly 66 million in campaign didates. In Washington State, where 72 tary campaign contributions. I would contributions and $18.5 million on Fed- percent of the voters approved a pay- use a different term, and that would be eral lobbying expenses. check protection initiative in 1992, over ‘‘theft.’’ While unions are required to file fi- 40,000 union workers had the shackles nancial reports under the Labor Man- of involuntary political participation b 2015 agement Reporting and Disclosure Act broken. Originally 48,000 members of Union members are fed up with the of 1959, these reports are arranged by the Washington Education Association, practice, frankly, of forced union dues type of expenditure; for example, sala- again this is the teachers union in the and forced union dues being used for ries or administrative costs and so on, State of Washington, 48,000 of them political purposes. Multiple national rather than by the functional category were forced to fund political activities surveys of American workers have re- that the American public would under- against their will. Once the Paycheck vealed widespread support for ending stand, such as contract negotiations Protection Act passed in the State of this practice. and administration and political ac- Washington, only 8,000 voluntarily suc- One of the other questions we asked, tivities. So you have to be able to cumbed to the union’s political activi- and it is very closely related to the apply a certain level of political so- ties. That is a pretty remarkable sta- previous one that I went through, but phistication just to understand the re- tistic for the State of Washington. this question does not even reference ports that are filed, since they are filed 48,000 union members had contributed any existing law. It just merely says, through the Labor Management Re- to political activities knowingly or un- should we change or keep the current porting and Disclosure Act. knowingly against their will, some- Federal election laws that allow unions The reality is that labor bosses did times with full compliance, yet after to make political contributions with not fund political activities through le- the Paycheck Protection Act passed money deducted from a union mem- gitimate voluntary contributions. In- and the law required that there be a ber’s paycheck. Well, 78 percent of the stead they plundered the paychecks of checkoff, that you actually approve on American people think that the cur- hard working union members. Many of an annual basis your willingness to rent law needs to be changed; 72 per- these members were not even aware voluntarily participate in union politi- cent of union households believe that that their money was being used for cal activities, the number dropped the current law needs to be changed; 78 political activity. The hearings that from 48,000 in the State of Washington percent of teacher union households be- the Subcommittee on Employer-Em- down to 8,000 contributors. lieve that the current law needs to be ployee Relations conducted revealed Well, today, very, very soon here in changed. And once again, reflected in quite shocking testimony. Congress, we can send a message to the the previous chart, 80 percent of all A woman named Jane Gansmann of labor bosses reminiscent of the mes- nonunion households in America be- West Chicago, Illinois who works for sage sent by colonists to King George. lieve that the current law needs to be TWA, a member of the IAM union, said, No taxation without representation. changed, that something needs to be ‘‘The union never mentioned that my In August of 1997, Kerry Gipe, who is done to address this issue of political dues could be used for things other a union member, testified to the House contributions with money deducted than collective bargaining. In other Subcommittee on Employer-Employee from a union member’s paycheck. words, I was given only half-truths. I Relations. He said, ‘‘I was told that Despite the widespread support, even now realize the union was and is oper- joining the union was a mandatory the Democrat Congressional Campaign ating by misinformation.’’ She submit- part of working for the company and Committee is in the effort, has joined ted that through written testimony. that absolutely no money was allowed in the effort of trying to prevent pay- She went on, I quote, ‘‘I wanted to see to be used from our union dues for po- check protection from going forward. a breakdown of where my union dues litical purposes.’’ Well, unfortunately At the request of AFL-CIO’s John were going.’’ She grudgingly said she for Mr. Gipe and millions of other May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3611 American workers, labor bosses con- allowed me of any and all voting rights, in- ical system. They love America. They tinue to use compulsory dues for politi- cluding voting on contractual matters and work hard for everything our great cal purposes. According to some esti- strike votes. Months had gone by and the country stands for. mates, the unions spent as much as harassment had not let up one bit. To make In fact, I would submit that they are matters worse, I was still paying what they at the very center of what it means to $200 million in 1996, that after you cal- had considered a full due. Not one penny of culate many of the other expenditures the overpayment was refunded to me. I was be real Americans, encompassing the that are reported far after and in dif- forced to take the local lodge president to age-old principle of honest hard work ferent formats than are required at small claims court. The union has no con- and strong families. And when given election time. cept of individual freedom. They seem to op- the choice, I think that they will par- What the Paycheck Protection Act erate in their own little world with no regard ticipate. They will participate in the does is empower the individual worker. for an individual’s unalienable rights or the political process. They will vote. They Employees will decide whether and to Constitution of the United States. may run for office themselves. whom they contribute their hard- Again, this was submitted in written But the reason labor union bosses, as earned wages and they can revoke their testimony by John Masiello, Moores- opposed to labor union members, op- authorization at any time. The labor ville, North Carolina. He submitted pose the Paycheck Protection Act is bosses are so opposed to giving union this testimony January 21 of this year. because it takes power away from a members control over their own money And the record from that hearing and privileged few, who have found a way that they have raised dues $1 per mem- other hearings like them are replete to manipulate the rules here in Wash- ber to fund efforts to oppose paycheck with example after example after ex- ington over the years to create a situa- protection nationwide. That was re- ample of union members who join tion where hard-earned wages can be ported in the Morning Times March 20, unions for legitimate purposes yet do siphoned away from the wage earner 1998. not want their hard-earned dollars to and spent on the political causes that a In the State of Oregon, labor unions go to a separate political purpose few labor bosses select, and to direct are assessing their Members $60 each to which they do not consent to, which somebody else’s cash to achieve their fight the Oregon initiative equivalent they do not support, many times sup- own selfish objectives. The Paycheck to the Paycheck Protection Act. Are porting candidates that the individual Protection Act restores fairness. It em- they labor bosses looking out for work- may actually oppose. powers rank-and-file labor union mem- ers or union bosses trying to protect It is important at this point, I think, bers. their six-figure salaries and potential, Mr. Speaker, for me to say that the Once again, Mr. Speaker, the cam- their political income? Paycheck Protection Act, when intro- paign finance bill will be coming to the We heard more riveting testimony in duced as House Resolution 2608, enjoys floor very shortly. The Committee on the subcommittee. John Masiello of the support of about, if I remember Rules, as we just received the report Mooresville, North Carolina is an air- right, 163 Members of the House of Rep- just moments ago, has indicated that it craft mechanic. He said. resentatives. When that bill came up is moving forward to bring a bill to this floor to deal with the issue of cam- I had been a member of the IAM for 13 for a vote on the floor, it enjoyed bi- years. I do believe that collective bargaining partisan support on both sides of the paign finance. There will be several amendments for a work force that performs a common aisle. Yes, that is right, Democrats that will be offered, several different service is a proper and efficient way to be joining Republicans in supporting the aspects of campaign finance that will represented for contractual matters. I also Paycheck Protection Act, in support- believe I am a client paying an association be considered, many of them good, for service. The IAM does not see it that ing the rank and file hard-working many of them bad, many of them are way. Instead, they assume the role of dic- Americans who deserve the right to di- certainly at the very least worthy of tator and I am their subject. rect their own hard-earned dollars to consideration by the House. But I will Mr. Masiello went on, he said that, the political causes that they choose to make the pledge tonight that I will do The local lodge president immediately associate with, or to avoid participat- everything I can on behalf of hard- started a campaign to descredit him and all ing in the political process altogether. working union members throughout the other members who exercised their Within that context, the Paycheck the country, the hard-working laborers rights. Protection Act can almost be viewed as who are currently having, in many Let me stop there and digress for a a pay raise without a tax increase, an cases, portions of their wages siphoned moment about what those rights might added benefit that allows cash to stay off for political causes they do not sup- be. In 1988, the Supreme Court, in a de- in the hands of the individual who port. I will be working for them and cision known as the Beck decision, earned it rather than the union boss bringing the Paycheck Protection Act ruled that any labor member, union who will squander it. for consideration over and over and member who pays dues can go back All that the bill requires is that a over again. retroactively and get their cash back corporation, any other corporation, na- The political stakes are high, and I for those portions of their wages that tional bank, any organization collect know it will be another emotional have been withheld for political pur- the written and voluntary consent issue, but I urge all Americans, I urge poses. In other words, if you object, from an employee or union member be- every Member of this Congress to con- you go back to your union boss, under fore using any portion of their dues or sider very carefully the importance, the Beck decision, and ask for your fees for the organization’s political ac- again within the context of campaign money back. Well, many people in the tivity. This does not ban participation finance, of how the money is raised. union will tell you that your rights are in political, in union political activi- Once we deal with that, then it is le- somehow protected because of the Beck ties. In fact, it actually encourages it gitimate and right and just to consider decision. But Mr. Masiello’s testimony because it causes unions to ask their all the other issues with reporting, explains how workplace harassment members to participate at least on an with campaign amounts, with how really prevents individuals in some oc- annual basis. money is spent, how it is reported and casions from exercising their work- b 2030 so on. place rights. The gentleman from Arkansas (Mr. He said, I will read that portion They may ask more than that, if HUTCHINSON) is here to join us this again, that they would like. But it asks every indi- evening, who also plays an integral The local lodge president of the IAM im- vidual to be confronted with the simple role in the campaign finance debate mediately started a campaign to discredit question of whether or not they want and has been a real leader among the me and all the other members who exercised their cash to go to a political cause or freshman class, and I yield the floor to their rights. He did this with slanderous lies not. him. and character assassination. Letters were Now, I tend to have faith in the hard- hung all over the workplace claiming we ob- Mr. HUTCHINSON. Mr. Speaker, I jected to paying any dues, we were against working members of the labor force thank the gentleman and I want to ex- unions and equated with scabs. They throughout the country. I think, when press my appreciation to the gen- stripped me of my membership. Told me that confronted with such a question, they tleman for his leadership to the fresh- I was in bad standing with the union and dis- will probably participate in their polit- man class, as president of our class, H3612 CONGRESSIONAL RECORD — HOUSE May 20, 1998 but also on the issue that the gen- public of China and the question aris- tion to that issue, as well as his will- tleman has been talking about, which ing in the public’s mind, did that deci- ingness to yield me time tonight. is paycheck protection. The gentleman sion have anything to do with the huge Mr. BOB SCHAFFER of Colorado. Be- has devoted an enormous amount of en- soft money contributions that were fore the gentleman goes, I know he has ergy and time to this issue and I con- made here in Washington. been back in his district over the gratulate him for that. What the Supreme Court is con- breaks talking about campaign finance As the gentleman indicated, there is cerned about is that we protect the reform and various issues that we are going to be an opportunity to vote on first amendment and the rights of free dealing with here to try to improve the paycheck protection as well as other speech, but they have recognized in the integrity of the political process, so campaign reform amendments and Buckley v. Valeo decision that there is perhaps the gentleman will tell us a ideas on the floor, starting, hopefully, an appropriate role that Congress can little about what his constituents are tomorrow. And as the gentleman indi- play in restricting the amount of con- telling him with respect to campaign cated, the Committee on Rules is pre- tributions. They upheld the $1,000 indi- finance reform. paring for that event, and I am de- vidual contribution limit, and there is Mr. HUTCHINSON. It is interesting lighted that the base bill that will be a ban on corporate contributions and because the constituents are talking considered, whenever we debate cam- labor union contributions directly to a more about it. I have learned that it is paign finance reform, will be the bipar- candidate. Soft money is a way to get a subject that they do not automati- tisan Campaign Integrity Act, which around all that, and that is what needs cally bring up themselves, but when- again is called ‘‘the freshman bill’’. to be shut down, and that is simply ever I have been out front and taken a This bill is fairly limited in scope as what the freshman bill does. leadership position on it, I have them to all that it does, but it accomplishes Michael Malbin of the State Univer- coming up to me time and time again very significant and substantial re- sity of New York-Albany, an expert in and thanking me for what I am doing form. And if the gentleman will con- the arena of campaign finance reform, on campaign finance reform. tinue to yield for a few moments, I said ‘‘The freshman bill would do ev- I think what they are saying is, and would like to be able to talk about this erything that a soft money ban should someone articulated it this way, their particular bill that will be considered do, put a lid on the behavior of Federal $20 contribution, their $50 contribution on the House floor. officials and candidates.’’ And that is is drowned out in the sea of big money This bill started out with a working what we are trying to do. in Washington, D.C., and that is the group, six Democrats and six Repub- But, in addition, it helps the individ- message that I consistently get. licans meeting together, building a uals in our society because it empowers I talk to grass root organizations, trust relationship and saying what can them by indexing their contributions whether it is the AARP, the Reserve we agree upon; how can we address the to the rate of inflation. Where a $1,000 Officers, or a political action commit- most severe abuses in our campaign contribution limit back in 1970 has tee group or a labor union, I talk to system. This was 15 months ago. For eroded to $300, this again indexes that these grass roots organizations and over 5 months we have worked together to inflation so we do not lose that they are struggling to have their small and crafted a bipartisan bill that avoid- value, the contribution of an individ- contributions sent to Washington, and ed the extremes. It stayed away from ual. their voice is being minimized because public funding of our campaigns, where And then we increase information to of the flood of big money in Washing- we have taxpayers’ money paying for the public so the public will know who ton, and they understand that. the campaigns; it stayed away from is trying to influence the campaigns; So I am hearing good things about it; free TV; it stayed away from the ex- requiring candidates to provide more support for it. They do not understand tremes that both sides might think frequent disclosure as to who is send- necessarily all the ins-and-outs and the would be ideal; and it concentrated on ing them money so the public will have difficulties of campaign finance reform the middle ground, the ground that we that information. and issue advocacy, express advocacy, could agree upon. And, yes, the Amer- But, also, we have all of the third- independent expenditures, but they are ican public can probably zero in on party groups that are out there that saying there is a problem out there that very quickly, and that is a ban on engage, many times, in issue advocacy, that is clear to everyone and Congress soft money. and we simply say that they should needs to address it. Now today in The Washington Post, have to say who they are so there is Mr. BOB SCHAFFER of Colorado. We David Broder, long time Washington not a cloak as to the public wondering are also joined here tonight, Mr. journalist, wrote a column and talked who is trying to influence the cam- Speaker, by the gentleman from South about what is going to be happening on paign. They must say who they are and Dakota (Mr. THUNE), who I know is one this House floor. He titled his article how much they are spending, and that who has been very helpful and thought- ‘‘Campaign Reformers at War’’, be- is it. That is reasonable information ful with respect to political participa- cause there are going to be a number of the public is entitled to have. tion and campaign finance reform, and significant reform bills. And I think it So it is a good bill. It is straight- I will yield the floor to him. is important that we do not get in dis- forward. It empowers individuals. It Mr. THUNE. Mr. Speaker, I want to agreement, recognizing there are going stops the greatest abuse. And that is thank my colleague from Colorado for to be different bills and alternatives what I hope that the public will see as yielding and for the great work he has that we can vote upon. strong reform that we can send over to done in spearheading this effort to lib- I just want to present that the bill the Senate, addressing the greatest erate the paychecks of working men that has been crafted in a bipartisan abuses in our campaign system. and women in this country from being fashion is a good vehicle to send over And yes, it is going to be a long proc- robbed for a purpose with which they to the Senate because it is bipartisan, ess. A lot of amendments have to go do not agree. And the gentleman from because it is constitutional, and be- through there. There are some that Arkansas (Mr. HUTCHINSON) as well has cause it is substantial in nature and might improve the bill, but there are been a leader on campaign finance re- addresses the most significant abuse, some that might be harmful. So we form. which is soft money. need to move through this process in a I suspect when it is all said and done David Broder, in his article, referred democratic fashion, and I believe in the we are probably not going to all agree to soft money as, ‘‘The huge donations end we will do something good for the on every issue of this, because I think to the political parties from corpora- American public. we all bring a different perspective on tions, unions and wealthy individuals I am delighted with the Republican what constitutes campaign finance re- that figured most in the 1996 campaign leadership that has opened up this op- form. We have been trying to balance scandals.’’ And that is important, be- portunity and for the bipartisan fash- the constitutional rights of free speech, cause not just in 1996, but as we even ion in which we have addressed this. freedom of expression and so forth, and come into the present with the latest I want to thank again the gentleman at the same time bring some common revelations about the possibility of from Colorado for his excellent leader- sense to what has become a prolifera- technology going to the People’s Re- ship on paycheck protection, his devo- tion of big money, special interest May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3613 money actually running this political erything that we do; that these things dent Ron Carey and James Hoffa, Jr. process. As a consequence of that, ought to be voluntary; that it ought to And now I guess there is going to be many of the voters in this country, the be a matter of personal freedom. And I another election and Hoffa is clear to citizens who would like to participate, think the thing that gets lost in this run. This is just in the Teamsters feel disenfranchised simply because debate a lot of times, people who are Union. they feel their voice is not heard. members of unions in this country use In this article, this was in the Wash- So I think our freshman class has that representation to negotiate, to ington Times not long ago, there is an been very much at the forefront of bargain on issues like health care, on individual who was an accountant or leading this debate, discussing these pensions and wages. Those are very the comptroller of union funds was issues in a very meaningful way and good things, but sometimes I think charged with embezzlement, conspir- coming up with what I think are solu- their leadership loses sight because acy, wire fraud, mail fraud, perjury, tions. Again, solutions in some cases their agenda, I believe, is more about making false statements to a Federal that are going to have to go through consolidation of power in Washington. election officer. If convicted, he faces this process that maybe we are not all And that is very much at odds, I up to 30 years in prison and $1.5 million going to agree with every aspect of, but think, with what I think is in the best in fines. when it is all said and done, at the end interest of the people they purport to This is a different group of people of the day, hopefully, something will represent, and that is the hard-working that we are talking about who oppose emerge that will be an improvement men and women who, day in and day the Paycheck Protection Act. And this over where we are today, that will help out, are trying to make a living and is the reason why, they have a tremen- restore the trust and confidence people trying to pay the bills. We are saying dous amount of cash at their disposal have in the political system in this to them, in effect, in the agenda we and it buys them certain favors with country. have laid out, that we want to make Members of Congress. It buys them So I want to thank my distinguished government smaller and make the Fed- easy access to meetings that go on here colleagues of the freshman class, the eral budget smaller so that their budg- in Washington. It buys them friendship gentleman from Colorado (Mr. BOB et, their family budget, can be bigger, with those who are inclined to listen to SCHAFFER) and the gentleman from Ar- and that we want to allow them to these particular individuals. kansas (Mr. HUTCHINSON) for the good keep more of what they earn. But again, these kinds of people who work they are doing on this subject b are at the union boss level, the ones and continuing to keep the faith and 2045 who are in the business of being politi- keeping the process moving forward. And in doing so, liberate them from cal insiders are very, very different We are going to have, I think, what the burden of government in a way from the people that my colleague will will be a rather vigorous debate in the that will enable them to meet the and I represent, the ones that we care days ahead on this subject. needs that they have for their families about and the ones that we fight for I would simply say as well that, in and the challenges and difficulties that and speak for here on the House floor, discussing the whole issue of allowing are out there for all of us who are try- those individuals who are actually the hard working men and women in ing to raise kids in this day and age. doing the hard work of driving the this country to be an active part of the Mr. BOB SCHAFFER of Colorado. American economy, the ones who work political process, that this majority in Mr. Speaker, reclaiming my time, my 40 hours or more per week, who are this Congress has taken our agenda for- colleague has made an important dis- very skilled and very dedicated to eco- ward in a way that I think is consist- tinction that I think is important for nomic prosperity in our country, who ent with the priorities and the values this Congress to keep in mind; and that that a lot of the people who work hard have families, who go to church, who is that many people think that this de- enjoy their constitutional rights, who in this country really share, when it bate is about whether we support labor comes right down to it. enjoy full participation in our commu- unions or not, and it really is not that And the gentleman talks about pay- nity as real leaders and friends and at all. check protection and seeing that we do neighbors. But the last thing they want There is a huge division among peo- not pick the pockets of hard-working from this Congress or from anyone else ple associated with labor unions on men and women in this country and is to allow a set of laws to continue on force them to participate in a way that paycheck protection. There are those our books that allows union bosses to they do not want to. Political partici- who are the rank and file hard-working steal cash from the paychecks of hard- pation as a basic premise ought to be union members who join labor unions working Americans. voluntary. And that is essentially what because they desire collective bargain- I am really looking forward to this the gentleman’s legislation says, and I ing, they want agency representation, debate coming up here in the next few would hope that that will be incor- they want the many benefits associ- days so that the American people can porated in a final product that emerges ated with labor unions, but they want see whether this Congress is really from this Congress. to have some say in how their wages going to stand with the rank and file At the same time, we want to say to are used when it comes to politics. hard-working Americans or whether it those hard-working men and women in That is one subset of the overall union is going to choose the few union bosses. America that we want them to partici- organization that has a position on this I regret to say that the last time this pate voluntarily, we want to give them issue that agrees with my colleague question came up the political stakes more freedom, more liberation from and I. were very, very high here. And those the shackles of big government, not The other half of the equation, lobbyists running around the hallway only as it pertains to political partici- though, is the union bosses, those who representing the union bosses, they pation but also in the way that we ap- work their way up the union hierarchy were very persuasive with a large num- proach the whole issue of taxes, the and become the managers, in fact the ber of Members of our Congress. role of government in our culture and players, on a political level of distrib- So I am hopeful that the American what that means for people in this uting political cash for their advan- people will put their collective foot country who are trying to pay the bills, tages. There are many political bosses down this week and just say enough is trying to educate their kids, trying to I am sure, and I have met some of enough. Politics in America should be make a living, trying to put a little them, who are genuine in their desire voluntary. It is the one time when ev- aside for retirement, trying to take to represent their union to back politi- eryday rank and file citizens are in care of child care and health care and cal causes that are in the best interest charge of their government. It is when working in a very systematic way to of creating jobs and workplace security they elect somebody to go to Washing- roll back the burden of government in for their members. ton and when they put their dollars be- their lives so that they have the free- But when we start reading headlines hind their candidacy. People want to dom, as families, to make the choices about Teamster Union members in- know that their dollars matter, that that affect their every day lives. dited, the president of the Teamsters their political participation really I think, again, that is a philosophy Union being disqualified from carrying counts, that their candidates, their and approach that is embodied in ev- on his job. That was Teamster Presi- elected officials listen to them. H3614 CONGRESSIONAL RECORD — HOUSE May 20, 1998 But they do not want to hear, as we tion that there ought to be a leveler tivity and their hard work and their ef- do today, and I will going through degree of personal responsibility that fort and their just day-to-day diligence those graphs again perhaps, they do goes along with freedoms that we enjoy in getting up every day and again con- not want to hear that their message is in this country. And frankly, again, I tinuing to go build and make this getting confused and distorted by a think that is a value that we share in country great. handful of political insiders who use much of the legislation that has been But the best way that we can do that hard-earned cash as though it were mo- passed since this majority has been in is to continue to move power out of nopoly money. power here in Washington, from wel- this city, out of Washington, back Mr. THUNE. Mr. Speaker, if the gen- fare reform, to balanced budget, to home to individuals and to take less of tleman will continue to yield, I guess I lower taxes. All those things I think the dollars that they work hard for would simply say that my guess is that again are consistent with the values here and then figure out how we can perhaps like the district that my col- that people who work hard in this give them back in some way that league represents, Colorado, people country share. Washington comes up with by some that I represent, the State of South And so, as we look down the road in form that they devise in accordance Dakota, the people that I serve, wheth- the future on the agenda we want to with what their priorities are, as op- er they are union members or not, are bring, the things that we want to see posed to allowing people who work very much just hard-working people, happen, the goals for the next genera- hard to keep those dollars at home and who, as a basic premise of life, think tion, things like winning the war on to spend them in the very best way that these matters can best be resolved drugs, things like coming up with a that they see fit and to meet the needs at the local level, that the decision- system of education and learning that of their families and communities and making, the control, and the power is the very best in the world that uti- to become more actively involved in ought to be there, and that they ought lizes information-age technology and their communities and churches and to have the freedom to determine how allows the children, our children, to private organizations out there that best to use the hard-earned dollars, learn at the very fastest rate, issues are really getting the job done and in those dollars that they work very, very like solving for the long-term the re- which I think can unleash a tremen- hard for week in and week out, to the tirement issues of Social Security and dous work in this country toward ad- purpose for which they intend, rather Medicare and doing it in a way that dressing those very real needs, the than having someone say to them that protects and preserves the safety net needs again to win the war on drugs, to this is not a prerogative that they for those who are currently dependent lessen the crime that goes on across ought to have. upon those programs, but at the same America and to restore values to our I think again what we are really time says to those people who are pay- families to our workplace. talking about here very simply is say- ing in and again contributing to this If parents had more time to stay at ing that this ought to be a voluntary process that we want them to have the home, to spend with their children, we process and clearly the people who are very best retirement possible in a way would have a lot less of the problems forced to participate against their will that would dramatically increase their that we are facing out there. Frankly, and political process that that is retirement earnings so that when that one of the reasons they cannot do that wrong. time comes they have got a nest egg is because we ask them to work 2 and I have heard the argument, as per- there, and solutions that again say to 3 jobs to pay for the cost of govern- haps my colleague has, that other or- the American people that we want ment so that we can decide for them ganizations out there that are active them to have the security, the retire- what is in their best interest. And politically, gun organizations, whether ment security that Social Security clearly, I think that is something that they are pro-life organizations or what- provides and Medicare provides, but we when it comes to again people who ever, that these organizations do essen- also want them to have better than work hard in this country, it is just a tially the same thing. that. We want to improve upon that be- matter of a statement of values. We There is a very fundamental dif- cause we think that we can do better. want to work systematically toward ference here. People who participate in And in this era where we are going to the end of moving power back toward those organizations do it of their own see we hope, knock on wood, some sur- home and allowing them to have more volition, they do it of their own free pluses coming into the Treasury and input in the things that affect their will. It is a voluntary thing. Again, some revenues that will give us an op- lives. this is the only place that I am aware portunity to give something back to So, again, when it comes to the of where folks are forced as a matter of the American people, I would hope that whole area of political participation, I practice, if they want to participate in is the direction in which we will go. think the value, the philosophy that union activities, the other things, that And finally, again to say that the other my colleague’s legislation brings is the benefits that they get, legitimate goal, objective, that we have is to re- consistent with that overall philosophy activities from union participation and duce the tax burden in this country by which we all share. involvement, but beyond that have about a third of what it is today collec- Mr. BOB SCHAFFER of Colorado. their dollars taken out of their hand tively, state, local, Federal tax burden, Mr. Speaker, my colleague has hit on and put into a political process into an about 38 percent, and get it down to 25 two key themes that really separate us agenda which in many cases they percent, so that no hard-working fam- from our friends and opponents on a might agree with. ily in America is spending more than a partisan level on the other side of the Now, if they agree with that agenda, quarter of their income to pay for the aisle, the Democrat Party; and those that is fine. It does not deprive them of cost of government. two themes are that, one, when it the opportunity to contribute. Because And when we are living in a time comes to the power and the importance very clearly, that is an option they where we are at peace and we have got of individuals, we consistently try to still have. Under my colleague’s legis- an economy that is in an expansionary side on the Republican side with indi- lation, if they choose to do that, it is, phase, the question, the debate that is viduals. That is a clear distinction in it is a voluntary thing. going to rage in this city has to do how we organize ourselves as a society All we are simply saying is that when with control, it has to do with whether and how we believe political authority we look at these issues, we want to or not we are going to continue to cen- ought to be placed, the overall question look at what is in the best interest of tralize, consolidate and move power of whether authority ought to reside in the working people, the people out and control into Washington or wheth- Washington, D.C., or in every single there who are just doing their very, er we are going to distribute it back house, in every single city, in every very best to get by and to survive and home and put it back in the hands of single community and with individuals to do all the things, that the expecta- individuals and families and states and back home. tions, the responsibilities to live up to localities and let people do in this And that value we see played out on those responsibilities. country what they do best, and that is this floor every single day, whether it Frankly, people who work hard for a continue to move this economy for- is tax policy. And the debate fre- living I think are very much of a no- ward, to contribute out of their produc- quently is leaders of the Democrat May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3615 Party have come to the floor and said reported just a few months ago, the question on campaign finance reform that the fact of the matter is very sim- headline says ‘‘House Democrats may of whether individuals will be guaran- ple that they do not support tax cuts, retaliate against Members who support teed the right to participate in the po- period, stated as emphatically as it the Paycheck Protection Act.’’ litical process on voluntary terms and possibly can be. The article goes on, it says ‘‘Some have their paychecks protected from And that is fine. That is a fine posi- high-ranking Democrat law makers those who believe they have some kind tion to represent and to have if they suggested retaliating against any party of right, some kind of clear path of ac- happen to go in for that sort of thing members who vote in favor of legisla- cess to the hard-earned wages of some- and believe that. But we, on the other tion placing new limits on union politi- body who works hard to make ends hand, happen to believe that taxes cal activities, say Hill sources.’’ It says meet. ought to be lower, that more author- ‘‘The suggested retaliation would be to ity, in this case wealth, should be in cut off Democrats from financial sup- Mr. THUNE. Mr. Speaker, if the gen- the hands of individuals that earn it. port from the Democrat Congressional tleman would yield, and really it does The second value that my colleague Campaign Committee this election come down, when I listened to the de- mentioned or touched on deals with cycle.’’ It says ‘‘While few Democrats bate when this debate was held on the families, that we acknowledge the are thought to be in favor of the legis- floor previously, and I listened to the power and importance of families and lation known as the Paycheck Protec- other side get up and talk, they did not recognize families as the most central tion Act, some conservative Democrats address this issue because they cannot. and essential social unit in America. could face trouble in November if their There is no answer to this. This is a And we see that being played out every GOP opponents are able to attack them very, very simple issue. We cannot get single day, a huge difference of opinion on the issue, say the sources.’’ It says any simpler. that we have where we believe families the issue was raised during a meeting This is a question of whether or not ought to be strong and be empowered of the House Democrat leadership held political participation ought to be this week, and this issue was published wherever we can and that responsibil- mandatory; in other words, we ought to ity ought to reside with families, rath- at the end of February of this year, so be required to take something out of er than, as our friends on the other side this meeting was held, presumably, at our paycheck and give it to a political of the aisle again, the Democrats, tend the end of February ‘‘with AFL/CIO cause even if we do not agree with it, to have a record that would suggest president John Sweeney, say several that our government does a better job sources who attended the gathering. A versus whether it ought to be optional. of organizing our communities and our representative from Wisconsin, among It is that simple. schools and our neighborhoods and so others, recommended during the meet- This concept cannot get lost in the on. A huge difference of opinion. ing that Democrats who vote in favor complexity, although it has been tried. And this issue of campaign finance is of the legislation should not be backed They tried to disguise and delude and no different. It is just one other issue by the Democrat Congressional Cam- distract and divert and everything pos- that comes up where the differences be- paign Committee. Democratic sources sible during the course of the last de- tween our values on individuals is ex- say they did not get much further than bate. But the fact of the matter is that posed. Those who will oppose paycheck the talking stage on the issue during on its surface this is a very simple protection clearly believe that it is the meeting.’’ The issue basically goes issue. fine for somebody else to take cash out on. our paycheck and spend it on the polit- This is a live-or-die issue for Demo- People who work hard, who join ical cause of their choice. crat operatives here in the Congress. unions, can still contribute to political They have formed a very close coali- processes. There is nothing to deprive b 2100 tion with a small number of union them or prevent them from doing that. Versus us who believe that every in- bosses predicated on the notion that All this simply says is it has got to be dividual ought to voluntarily agree they are going to be able to continue optional. All we have to do if we want whether they want to participate in a taking cash out of wage earners’ pay- to do it is we have that option every political activity or not. checks and diverting it toward their year. I think, again, that is consistent When it comes to families as well, I political activities without the concept with the way the political process fundamentally believe that the Pay- of wage earners. ought to operate. check Protection Act is essentially a The Paycheck Protection Act, while It states as a matter of value and I pay raise without a tax increase. It I agree it may threaten the flow of gives folks more disposable income, think a political, again, principle that cash to Democrat coffers, is still a has been held dearly by this country more wealth in their own hands, the matter of fairness that, even when we for so many years, and that is that hands of the people who earn it. voted on this floor, a handful of coura- anybody who participates in this proc- They can decide whether they want geous Democrats were willing to join ess ought to be able to do it on a vol- to spend it on politics, or maybe they with the majority of us Republicans in want it put toward their pension fund, voting for it. We just needed a few untary basis. or maybe they want to buy new shoes more of them in order to put it over To the extent, again, that we can for their kids, or maybe they want to the top and to score a real victory for bring that back in this country, the put it aside and invest in some things hard-working Americans that day. We legislation takes us in that direction. I at home to make their lives a little bit are going to get a chance to do that certainly hope as we have this debate more comfortable and more conven- again. that there will be those who will step ient. A huge distinction in values, The debate is not limited to Con- forward and demonstrate the courage where we stand as a country. Again, we gress. The State of California has this and the boldness to go against the tide, are going to see where this Congress very question on their ballot which no matter what the forces and the spe- stands later this week as we deal with will come up in June. The State of Ne- cial interests might be saying, and do the whole issue of the Paycheck Pro- vada has put this on their ballot which the right thing; and that is, again, give tection Act. will come up in November. people who work hard for a paycheck Let me also state that the political The State of Colorado, my home in this country the opportunity to par- stakes on this are very high. The two State, is leading an effort, and I am ticipate voluntarily. political parties have very divergent chairman of that effort to try to get opinions on this. this issue on the ballot. The State of Mr. BOB SCHAFFER of Colorado. I am going to read from a report Oregon is moving forward. Mr. Speaker, I see that our time is called Inside The New Congress. It is a Several State legislatures are refer- about to expire, and I appreciate the report that is published every Friday ring a similar measure to the ballots Speaker for recognizing the freshman by Inside Washington Publishers, is the within their States. Across this coun- class tonight. We will be back one week name of their organization. The man- try, Americans will have an oppor- from tonight with another special aging editor is John Brushnehand. He tunity to participate in a fundamental order. H3616 CONGRESSIONAL RECORD — HOUSE May 20, 1998 COMMONSENSE MANDATE FOR AC- are not sure what it is, because it is se- are monitoring nuclear activity all TION ON EDUCATION BEING IG- cret, but we have a good idea. We pro- over the globe, but India did not play NORED posed to cut the CIA budget by 5 per- fair. The people in India made prepara- The SPEAKER pro tempore (Mr. cent. We have begun to compromise. In tions, a highly visible amount of activ- LUCAS of Oklahoma). Under the Speak- previous years we have asked for 10 ity at another site where they er’s announced policy of January 7, percent, but this year we went down to launched rockets. So the CIA thought 1997, the gentleman from New York 5 percent. India was prepared to launch a rocket, (Mr. OWENS) is recognized for 60 min- We calculated a 5 percent cut would so that they focused their cameras, utes. be about $1.3 billion. We calculated their monitoring, whatever, on that Mr. OWENS. Mr. Speaker, I want to that with $1.3 billion we can build a site, and they overlooked the Indian talk about the fact that the common- junior high school or high school which preparation for a nuclear test. sense mandate for action on education costs about $10 million to build. They The CIA, which has almost $30 billion is being ignored here in Washington. may cost a little more in New York, for a budget, and part of this money is We have an attempt to divert the at- but most parts of the country, you can for the satellites, reconnaissance sat- tention of the American people from build a substantial school. For $10 mil- ellites that we maintain in the sky, what is one of our most important lion, we calculated 130 schools. why did they miss it? Because the Indi- issues. We are talking about cutting the ans did not play fair. The explanation In discussing this very important waste out of the CIA budget in order to we get is they did not play fair. They issue of education and the fact that build schools. So there was a link we sneaked and exploded their device, pre- there is an attempt to make us forget made to education. But we had an over- pared while we were looking some- how important it is and forget that whelming vote against our amendment where else, at another possible explo- there is nothing but inaction being pro- to cut the CIA in order to use the sion. posed about it here in Washington, I money for better purposes. Why is our sophisticated CIA, absorb- think we ought to discuss a few seem- I agree with the gentlemen over here ing almost $30 billion, unable to play ingly unrelated issues. before. The gentlemen were talking the game that we used to play when we The fact that India has just exploded about the bigness of American govern- were kids? We played cops and robbers a nuclear device is important to to- ment. The government spends too and cowboys and Indians or played war. day’s topic. The fact that the CIA much money. The taxes are too high. You take a big rock and throw it over failed to detect the test preparation is The taxes are certainly much too high there. The guys looking for you will go important. The fact that the Senate for people at the lower end of the scale, over there, while you can come in be- passed today something called the and we should move to try to cut taxes. hind them and attack them. This is the American Competitiveness Act, which You cannot cut taxes if you are going oldest game in the world, a diversion- calls for making America competitive to continue to insist that the CIA oper- ary tactic, the kind the Indians used on by bringing in foreigners, foreign pro- ate at a budget between $27 billion and the CIA. fessionals in the information tech- $30 billion. But the CIA had to be fund- Why am I talking about that if I nology industry. ed at the same level because the people want to alert the American people to The American Competitiveness Act is on the floor who were members of the the fact that education, one of our an example of outrageous language Permanent Select Committee on Intel- highest priorities, is being ignored? Be- being used here in Washington, ridicu- ligence said they need this money, and cause our money is being wasted in lous language. It is called the Amer- one of the reasons they need this this direction. ican Competitiveness Act, and yet at money is because they must fight nu- There is another linkage, also. India the heart of the act is the provision clear proliferation. now is proud of the fact that they are which requires an increase in the As the last superpower in the world, reasserting their nuclear power status. quotas for visas for information tech- we are the only power that has the ca- The people of India danced in the street nology professionals from foreign coun- pability of detecting nuclear tests or to celebrate the nuclear explosion. preparation for nuclear tests. We can tries, so they can come in and meet our b 2115 needs in this critical area of informa- monitor nuclear tests throughout the tion technology workers. world. Overwhelmingly the party in power American Competitiveness Act for One of the great dangers throughout has received approval from the people, that kind of piece of legislation is this world is nuclear proliferation. I and some political pundits are estimat- about as ridiculous as the Paycheck agree, nuclear proliferation is one of ing that this party will finally consoli- Protection Act which my colleagues the great dangers of this world. It is an date power in India. India has had a lot were talking about before. international matter. It is of inter- of turmoil politically, and now this The Paycheck Protection Act is an national concern. I am proud of the party now in power, because of their act whereby they are going to try to fact that the CIA says they have the nuclear explosion, will consolidate censor unions in this country. Unions capability to monitor nuclear pro- their power and remain in power for a represent maybe 15 to 16 million peo- liferation. That is one of their major long time. You have another set of ple. They should be censored in terms priorities, one of the highest priorities. demagogues using something like war of their voice in the political arena. If that is the highest priority, and if or something close to war and the prep- Yet, the people who give the most the overwhelming majority of the aration for war to unite the nation be- money to the political process, cor- Members of the House voted, as they hind them. porations, millions of Americans have have in previous years, to maintain the What is the impact going to be across their stock in corporations, there is CIA budget at the same level it was the world? If India is going to show nothing in the legislation, no discus- during the Cold War, and to do that be- their nuclear muscle, then right next sion at all about how corporate stock- cause of its vital function in detecting to it is Pakistan. They want to do their holders, people who own shares in cor- nuclear proliferation, why did they fail test. How can you argue morally that porations should be able to also have to detect the test preparation in India? Iran should not go ahead and do their protection. Why did we hear it on CNN? CNN told testing and have nuclear weapons? Sad- I do not think protection is war- the American people that India had ex- dam Hussein is waiting for us to get ranted in either case. It is an attempt ploded a nuclear device, nuclear weap- tired of monitoring his country so he to curb the debate and silence one seg- on, whatever; a nuclear explosion had can go back to building his nuclear ca- ment of the American electorate. taken place. We got it on CNN. Would pacity. But how does this relate to edu- it be cheaper to contract part of the There are many other nations in the cation? Let us go back to India. India function of the CIA to CNN and save world that would like to buy tech- exploded a nuclear device. The CIA that money that we were talking nology and get into the game. So nu- failed to detect a test. We had a discus- about, $1.3 billion, to build 130 schools? clear proliferation, which, by the way, sion just a few days ago on the floor of The explanation of the CIA is that the dangers of it might have nothing to this House about the CIA’s budget. We India did not play fair, you know. We do with war. Maybe they will not start May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3617 a war, but the fact that the bombs or foreign country are from India, and the The common sense mandate for ac- devices are exploding means that the largest number who will come in under tion on education is being ignored. The radioactive debris is being thrown into this new increase in the number who American people think it makes a lot the atmosphere, being thrown into the can come in, I think 30,000, the quota is of sense to have more attention paid to oceans. And if El Nino taught us any- being increased by 30,000, and over the our education system. The American thing, it taught us that the world is next few years it will be brought down people repeatedly show in the polls, in very small, and ocean currents in one back to 20,000, but for a long period of the focus groups, that they are con- part of the world, when they get out of time you can have 20,000 per year. To cerned about education. whack, they are affecting other parts jump it off you are going to have 30,000 Why are the leaders of the Repub- of the world. They throw off the weath- more than already. Most of them come lican majority, who are in control of er patterns. from India, and it is likely that, in the the Congress, why are they ignoring The volcanoes recently have taught future, that same ratio is going to be the mandate of the people? Why are us how volcanoes in one part of the there. they failing to honor the results of the world darken the sky for long periods India is the place which has seen fit, polls? They read the same polls that of time, as if we did not know it from wisely so, to educate a large segment the Democrats read. Republicans and studies of ancient catastrophes, in the of their population for the age of com- Democrats both know that education is last four or five years they have puters. Computer science, all of the very high on the agenda of the Amer- changed the weather patterns. things related to computers and infor- ican people. Why are we ignoring it? So nuclear tests, which produce ra- mation technology, India has seen fit, Why are we turning away from a dioactivity, are a concern to all of us. they saw the need, and they have a great window of opportunity at this We lived under the threat of a bomb for large body of human capital to spread point in history? Not only are the a long time, that one nuclear power, throughout the world, certainly the American people concerned about edu- the Soviet Union, might attack the English-speaking world. cation and clearly show this is a popu- United States, or vice versa, and we Indians speak English, and that gives lar concern, but we now have the re- would be thrown into a nuclear holo- them an edge over the information sources, we now have the revenue, to caust. We did not want that, and it af- technology professionals that might address some of these critical problems fected the psychology of a whole lot of come from the former Soviet Union or in education. people of my generation and a lot of from other parts of central Europe. Why do we not address the problem people for a long time. We were happy They speak English. We need English- of school construction that the Presi- to see that come to an end, the threat speaking professionals in the informa- dent has proposed we address? He pro- of the two great superpowers going to tion technology sector. So India will posed a very meager program, $22 bil- war and what that would do in terms of send to America more and more infor- lion, but it is not going to come from the devastation of the earth. mation technology workers. the Treasury. All of it, in fact, the $22 Now we are going to have slow poi- Do you discern a circle here? They billion construction program, is a pro- soning by nuclear proliferation, as one will be in our top industries. They will gram where the private sector would nation after another joins the club. acquire more know-how. They will be provide the money and the government India, the home of Gandhi. If India, the able to take that know-how back to would provide tax credits to com- home of Gandhi, passive resistance, the India. If India’s nuclear capability is pensate the private sector for the in- place where Martin Luther King got rather primitive now in comparison to terest. So it is not a great amount of money his inspiration, and numerous other the United States’s nuclear capability that is going to be taken out of the leaders of the world, including Nelson or the Soviet Union’s nuclear capabil- Treasury immediately; it is over a long Mandela, if India now is going to beat ity, then certainly when we get period of time, paying back the inter- its chest as a nuclear power and the through importing Indian information est as the local education groups, agen- technology workers, high-tech work- people of India are going to dance in cies and the States borrow from this ers, when we finish with that process, the streets to celebrate the politicians pool, where they pay no interest. They then we will have trained all that they who have made them a nuclear power, get the money with no interest. The in- then where can we look to in the world need. So the Indian government now in terest will be paid through a tax credit for hope? China will certainly increase vehicle. power, which wants to stay in power as their explosions, and on and on it goes. Very clever, Mr. President. I would a major militaristic nuclear power and India is important for another rea- like to see more money directly appro- son. I just mentioned the passage of is going to consolidate its hold on the priated for education, so the whole the American Competitiveness Act by government, is following a pattern not question of borrowing by the local the Senate, that outrageous name they too dissimilar from the pattern of Sad- school districts and the states will not used, ‘‘American Competitiveness dam Hussein. Saddam Hussein made a have to be an obstacle to action. But in Act.’’ dramatic attempt, in a very short pe- this atmosphere, we will take your $22 What is it? It is to increase the quota riod of time, to acquire the most mod- billion borrowing program. The Repub- of foreign workers, professionals in in- ern kinds of weapons available, and lican majority says no; they refuse to formation technology, who can come now India is staking its future politi- consider it. They turned away from into the country and get us out of a cally on being able to say it is a great this window of opportunity. jam because we have inadequate edu- military power. And we are going to We could go further and not have to cation. Our educational system has not help train them. We are going to call borrow the money because we have a produced enough information tech- the training process the American surplus. Yes, Mr. Speaker, I want to nology workers. We now have a crisis. Competitiveness Act, that was passed talk about another secret that nobody So American competitiveness is all by the Senate today, and they expect it wants to discuss here. They do not tied up with foreign professionals who to pass the House of Representatives want to discuss the CIA’s failure to de- are coming in. also. tect the Indian nuclear tests. Also they By the way, as they increase the Why not, instead of importing work- do not want to discuss the fact that we quotas for foreign professionals to ers for information technology, why have a budget surplus, more revenue come in, they are going to decrease the not train them here in this country? than expenditures anticipated of be- quota in other areas, so people who are Why not improve our own school sys- tween $50 and $60 billion in the coming waiting for their families, to reunite tem here in this country so that we are budget year. families, and other areas of immigra- able to first allow young people coming No less than $50 billion will be avail- tion are going to be hurt. out of our schools to be able to get able because it is not needed in the cur- But this great act of improving very good jobs, that are also beneficial rent budget scheme. There will be a American competitiveness is going to for the overall American economy, and surplus, revenue greater than expendi- benefit India primarily. The largest also beneficial for any national secu- ture, of at least $50 billion. number of information technology rity items that we are concerned with? Why can we not at this point address workers now in this country from a Why not do that instead? the compelling problems of our schools H3618 CONGRESSIONAL RECORD — HOUSE May 20, 1998 with some of that money? Nobody and various other machinations that morning because the lunch room was wants to talk about it here. It is amaz- produce money. Not machinations, var- not built to accommodate the large ing how quiet the Members of my party ious other devices that produce money numbers of children in that school, a are about it. without them working for it on a daily school built for 500 has 1,000 pupils. The The President in his State of the basis, a weekly basis, out there on the lunch room can only accommodate a Union address said any surplus should ball field, et cetera. certain number, so they have to go in be dedicated, first of all, to Social Se- So unearned income on investments, shifts, and in order to get them all in, curity. I agree with the President. He primarily the money earned on the the shift process has to start at 10 was anticipating a $8 billion surplus at stock market is the best example of o’clock in the morning. That is child that time. That was what the budget unearned income, the stock market, abuse, to make a child eat lunch at 10 office was telling us, $8 billion. bonds, it is well-known where unearned o’clock in the morning. I think that Whether it is $8 billion or more, I income comes from. should directly affect the physiology think Social Security should get a high If you start looking closely at un- and the health of a child. They had priority. But since you have a window earned income, you will find only a breakfast at home or at school and of opportunity to do something about tiny portion of unearned income is they have to eat their lunch at 10 the critical problems of education with taxed. Most of it escapes taxes. So if o’clock in the morning. I think the some of this money, I would like to you really want to look for a place to children on the other end, if we have to offer a concrete proposal to both par- give a tax cut to families earning spread that over cycles, so that the ties, my party and the Republican ma- $50,000 or less, $30,000, then increase the last group is eating at 1:30 or 2 o’clock, jority. amount of taxes on the unearned in- they are being abused. They are hun- The budget surplus is a golden oppor- come and greatly decrease the amount gry, starving by the time they get to tunity. The common sense mandate for on the earned income. 1:30 or 2 o’clock. use of this surplus should be one-fourth But I am not here to discuss that to- We are doing these kinds of things, for Social Security, one-fourth for our night. I just want to make the point we we are sending children to schools that Social Security contingency fund. That could have a tax cut. We could satisfy have asbestos problems, we are sending is what I think the President and other the top agenda items of both parties. children to schools that have lead pipe leaders have in mind. Social Security Social Security, a tax cut, one-fourth problems, we are sending children to does not need any help for a long time to Social Security, one-fourth for a tax schools that are 100 years old in New to come. We are talking about 20 to 30 cut, and the final two-fourths, there York, we are sending children to years before the calculations show that are four fourths, you know, the final schools that have leaky roofs, we are Social Security may be in trouble. two-fourths for education initiatives, sending children to schools in New Well, let us start getting ready for such as the construction initiative of York and other places that have coal- the trouble. Let us set aside a contin- the President, such as smaller class burning furnaces, coal-burning fur- gency fund, or whatever else they have sizes than that have been proposed by naces, still. Mr. Speaker, if a school in mind, to guarantee that Social Secu- the President, such as the reading ini- has a coal-burning furnace, it is prob- rity never has a problem. Let us take tiative proposed by the President, such ably a very old school. one-fourth of the surplus for Social Se- as an increase for increasing funds for I brought this subject up with the curity. technology in the schools, wiring the head of the Environmental Protection Let us take one-fourth of the surplus schools. Agency here in Washington and she for a tax cut for families earning less was appalled that there are still coal- b 2130 than $30,000. You want a tax cut? Give burning furnaces in schools. Well, we the tax cut where it is needed most. School construction is vital. There is only have about 285 coal-burning Families earning less than $30,000 a lot of discussion about improving schools in New York, out of the 1,100 should be given priority. If you are education and the Republicans are about 285 are still burning coal in fur- going to give tax cuts to others, start locked in on their own approach with naces, which means that the lungs of at $30,000 and come on up. vouchers, and other people talk about the children are directly affected, be- I think we would all agree that the phonics versus other methods of teach- cause if one has ever been in a place American people deserve some type of ing reading. The Committee on Appro- that is burning coal, when I first tax cut. You could even have a tax cut priations passed a bill that called for bought my first house it had a coal without the surplus, because most of the whole school approach a couple of burning furnace, I had to go down and our income taxes come from what you years ago, and there are a lot of ap- stoke up the fire, we put in all kinds of call earned income, the earned income proaches, initiatives, innovations, and filters to keep the thing clean, filters of families that are working families. most of them might have merit, but at at the furnace level and filters at the We have a whole pot of money that is the heart of providing an education for level of the register, but the coal dust not taxed very much, and that is the young people should be the provision of gets through anyhow. unearned income. These are not my a safe place to sit and study, a safe If a child sits in a school all year terms. ‘‘Earned income,’’ ‘‘unearned in- place for the teacher and student to get long during the winter season while the come’’ were invented many years ago. together, a safe place for students to furnace is burning coal, they are going It is not a socialist term or the term of look forward to when they leave home to get coal dust in their lungs. If a a New York liberal. It is a general eco- in the morning, and certainly in the child has to spend 6 years in school nomic term. poorest areas, the school ought to be a from the 1st grade to the 6th grade, or Earned income is what you receive as great improvement over the home en- the 6th grade to the 12th grade, they a result of working for wages, what you vironment of the poorest youngsters. are going to get plenty of coal dust in get in a paycheck and what you get as We should not go to school and find their lungs and they are going to have a consultant fee. I even think that the we are crowded into rooms unreason- difficulties with health later on that millions of dollars that a boxer earned ably. We should not have 45, 50 children nobody is going to quite understand. in the ring is earned income. The mil- in one room. We should not have to go The child does not smoke, but the coal lions of dollars that the sports figures to school and find that there are no dust is going to be there creating a on the football, baseball or basketball rooms for some classes, and classes problem. field earn, that is earned income. They have to be conducted in the hallway or We have concrete evidence of what is sweat for it. I guess it goes back to the in the portion of the bathroom, the happening right now, because the high Bible and the mandate that we earn restroom. We should not go to school asthma rate in New York City is un- our living by the sweat of our brow. and find ourselves being put in a situa- paralleled to other big cities who have That is a certain category of money. tion where one has to eat lunch at 10 problems I am sure with coal burning Unearned income, and I think the o’clock in the morning. schools also. term originally had some kind of unde- There are a large number of schools The other pollution in the air now, as sirable feature, unearned income is in New York City where the students it grows greater, the coal-burning fur- what people get through investments have to eat lunch at 10 o’clock in the naces and that kind of pollution has an May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3619 even greater affect, concentrated at construction. This is assuming we are smaller class sizes, the Republican ma- places where children are gathered. So going to have $50 billion or more. jority is locked into an irrational, il- construction, if we do not do anything Mr. Speaker, if it were only $8 bil- logical, dogmatic policy related to about a safe place to study, if we do lion, as the President anticipated when vouchers and privatization. They are not get rid of dangerous situations, he made the State of the Union ad- dogmatic about it. It is like a super- then do not talk about the phonics dress, then I would say let us give it all stition that one cannot touch. They method versus some other method of to Social Security, but it is far more refuse to deal with reality. They are teaching reading. Do not think that we than $8 billion, so here is a concrete swimming against public opinion. They are going to solve the problem if we proposal. The mandate for the surplus are swimming against the tide of pub- come in with a mandate that there will is to meet the needs as reflected by the lic opinion in their own district. be no more social promotion if we man- polls and the focus groups, and Ameri- I have often approached my Repub- date testing nationally or locally. cans think Social Security is very im- lican colleagues on the Committee on The problem will not be solved with portant, they are worried about it. We Education and the Workforce and said, these kinds of actions, although some have made them worry even more be- look, you are advocating vouchers as of them may be highly desirable. First, cause we have made statements about the only solution to the improvement we have to make a commitment to the need to change things and privatize of the American public schools. You have every child in America in a safe Social Security and do things which want to make the public schools not place to study, a place conducive to would erode the credibility of Social public anymore; you want to make the study, and then we have to move to a Security for the future. Let us address people of America not focus their at- place which is enhanced with tech- one-fourth of whatever the surplus is tention on improving their public nology, with equipment for a science to Social Security, one-fourth to a tax schools, but you want to use vouchers lab, with books that are not 30, 40 years cut on the earned income of families and take them somewhere else. Why do old. These basic needs are still not earning less than $30,000, start with you not propose that for your district? being met. them and go up; one-fourth for edu- And I make the challenge here. Every Now, in 1996, 1994 to 1996, the Repub- cation initiatives such as smaller class Republican who proposes vouchers, lican majority argued that if we have sizes and education technology, and why do you not propose that in your the government take some initiatives one-fourth for school construction. district where you run for office? Why to help education in some meaningful Voters of America, do not let this do you not push vouchers there? way, then we are going to bankrupt the session of Congress end without some b 2145 country or we are going to put our action on education in this direction. grandchildren and our great grand- There is no reason why we should not What I have learned is that in the children into debt. They made it ap- have decent schools for all children in majority of the districts represented by pear that any actions by the Depart- America. the members of the Committee on Edu- ment of Education were an immediate For us to have the revenue available, cation and the Workforce, their con- threat to the economy of the United to have the resources and refuse to use stituents have said to them, we are not States. them is a savage act. It is savage be- interested in vouchers. We were not in- Mr. Speaker, with a $50 billion sur- havior for the responsible leaders who terested in vouchers. We have good plus, we cannot tell that lie anymore. make decisions about how the re- public schools, or we have schools that With a $50 billion surplus, we cannot sources of this country are going to be need improvement, and we are willing say that money is the problem. With a used for them to turn away from the to work to improve our public schools. $50 billion surplus, the question is, why needs of these students and children in Some of them confess to me, I have do we not want all the children of America who are attending coal-burn- good schools in my district, they say. I America to have a decent place to ing schools, 100-year-old schools, do not need vouchers. My answer to study, a decent place to have teachers schools that are not safe, schools that that, my response to that, is if you teach them? Why do we not want all are not conducive to learning, schools have good schools and you do not need the children of America to have the op- that have no decent science labs, et vouchers, then let me have good portunity to learn? We may talk about cetera. It is a savage act. schools in my district. Let us have increasing the testing, but that is put- Jonathan Kozol wrote a book some good schools everywhere so nobody will ting the burden on the backs of the time ago called Savage Inequalities. It need vouchers. Let us take the steps students. We may talk about standard- is a book about the inequalities of the necessary to create opportunities to ized curriculums and more challenging school systems in New York City. Sav- learn for all children everywhere. Let curriculums, but again, that is putting age Inequalities. In the same city, a us improve the public schools and stop the burden on the students, and those public school in one part of the city the voucher dogma. are challenges that students ought to had all of the modern conveniences, de- I think the Republican majority suf- meet. cent facilities, et cetera, et cetera. Not fers from something similar to what They ought to meet the more chal- too far away, in the same borough, Lysenko pushed in the Soviet Union. lenging curriculum standards and they there were schools and in some other Lysenko was a biologist who insisted ought to be able to pass the tests. I am cities around the country the schools that the environment is almost totally not against national testing forever. actually had to be closed down because the determining factor of what happens Somewhere down the line I would sup- when it rained. East Saint Louis was to living organisms. Lysenko was a ge- port national testing if we first deal one of the examples he gave. When it neticist, an agronomist from the with opportunity to learn standards. If rained, they literally had the rain Ukraine. He developed a doctrine com- we first say to every State and every pouring into the schools, a flood of rain pounded of Darwinism and the work of local school board, every child should pouring into the schools, and these Michurin, that heredity can be changed have these opportunities to learn. kinds of conditions still exists, not by good husbandry. First, they should have a facility, a only in rural schools and in inner city As director of the Institute of Genet- school which is safe, which is condu- schools, but there are some suburban ics of the Soviet Academy of Sciences, cive to study, which has the necessary schools that are grossly in need of im- he declared the accepted Mendelian equipment and books, which has mod- provement and repair, and in some theory was erroneous, and he ruth- ern technology which really prepares cases, they need to build new ones. lessly silenced any Soviet geneticist them for the world they are going to be It would be savage for the American who opposed him. He endured on the living in in the 21st century; all of power structure, Members of Congress, Soviet science scene and was a major these things are doable. It does not re- the executive branch, the private sec- dictator of science theory until Nikita quire magic. The money is there. All tor leaders, to allow this to continue at Krushchev came to power in 1965. we need is two-fourths: One-fourth for a time when we have the revenue, we In the whole Stalinist era, they education initiatives such as smaller have the resources. Instead of looking wrecked the agriculture of the Soviet class sizes, education for technology, et at the obvious needs for more school Union by insisting that Lysenko was cetera, and another fourth for school construction and more resources for right and everybody had to follow H3620 CONGRESSIONAL RECORD — HOUSE May 20, 1998 Lysenko. The rest of the world’s sci- go to Congressman Flake, go to his remediation, because by now we know entists were giving due consideration school, he cannot take any more. Or in this world that people do not come to heredity as a factor in the way liv- suppose we give him the authority to packaged perfectly. They do not have ing organisms developed so they could expand outside of his school, all the an excellent student in science and improve the plants and the animal vouchers you need. You have a system math, an excellent student in verbal stocks. And agriculture prospered, of that the parents believe in. Whatever reasoning, an excellent student in lan- course, in this country, because science you are doing is working. Go to it. guages. Lots of students have some de- was free and they followed where What would happen? Pastor Flake ficiencies, or they cannot excel in all science went. But Lysenko said no, and would have to create a bureaucracy. He three of those. That is recognized. they had scientists who were put in jail would have to set up a personnel sys- In this kind of high-tech economy, for challenging Lysenko. tem. He would have to set up a custo- we do not want to cut off our nose to The Republican Party is suffering dian system. He would have to do all spite our face. Why get rid of talented from Lysenkoism when it comes to the the things that a local education agen- people because they have one thing public schools. When it comes to im- cy does. He would run into the same missing? We need the creativity of stu- proving schools in America, they will problems. He would have to recruit dents, no matter what their forte may not look to the right or to the left. large numbers of teachers. He could be, no matter how strong they are in They insist vouchers and privatization not personally interview them all. He one area versus another, if they are are the only answer. could not get the same quality that he creative. What makes the American They have forced vouchers down the gets in his church school. economy go, what makes the high-tech throats of the citizens of the District of There are a number of problems that industry go, is creativity. Columbia. People here in Washington, have to be solved by public policy ac- Bill Gates and his fellow entre- in the District of Columbia, they took tion, and if we turn the system over to preneurs were not people who would a vote. They had a referendum on the the private sector, to the church, who- pass all the tests for assessment as question of whether they wanted ever, they are going to have the same they went into college. They were not vouchers or not. They overwhelmingly problems. What they do now is skim people who necessarily would score voted no, they did not want vouchers. across the top and get the best stu- highest on the highest tests. They were people who had imagination, and the They were willing to entertain another dents, in many cases, but certainly a Bill Gates of today is not using his experiment to make the public schools select number of students. That cannot math and science skills to build one of more competitive and to get some in- solve the problem. the world’s largest businesses, or prob- novation into the bureaucratic struc- I have said these things many times ably the largest, most profitable busi- ture. here. I hate to go on and on. But I ness in the world. He is now not using They wanted to challenge the struc- think it would be savage for this Con- algebra, trigonometry, calculus, dif- ture by having charter schools, some gress to go on doing the outrageous ferential equations. That has nothing public schools that would be run by a kinds of things we have been doing. We to do with his ability to maneuver this group of individuals who would make have just passed a bill where we are system, to organize large numbers of policy for the school and determine going to make America competitive by people and focus them on various how the school is run, in accordance going outside. Instead of developing tasks, that has now led to him being with certain principles and standards the brain power here, we want to go accused of monopolizing and threaten- that the District of Columbia sets. outside. It is not just the public schools, but ing certain segments of the economy. That is a movement that is in effect These are creative people from many we are attacking our own higher edu- across the country in at least 25 States. walks of life. That is what makes cation institutions. We passed the New York does not have it yet, but America go. We do not score as high charter schools were accepted by the Higher Education Assistance Act 2 across the world on a lot of these tests people of Washington as a way to ex- weeks ago, and it had no new initia- that are given. I think we should not periment and to encourage improve- tives in it to deal with the problem take that lightly. Our students should ment of our public schools. that America needs more and more score higher on math and science, and Ninety-five percent of the children of people who are college-educated. In- they should compete with other stu- America will go to public schools in stead, we are playing with affirmative dents throughout the rest of the world, the next 10 years. No matter what is action, trying to destroy diversity in but what they cannot measure is cre- done, even if you had an implementa- the universities. For some kind of irra- ativity, creativity. Our students are tion of the voucher program on a large tional reasons, we are attacking the probably the most creative in the scale, you could not do it in the next 10 higher education system to make it world. That is how our economy, with to 20 years to any great degree, so 90 to smaller instead of larger. its flexibility, is able to keep growing 95 percent of our children are going to In New York City, they are not at- when other economies are having great go to public schools. Let us improve tacking affirmative action, they do not difficulty. the public schools. use the term ‘‘affirmative action,’’ but So City College, City University of My colleague in the Congress who there is a broad-scale attack on the New York, the trustees are also going now has retired, Floyd Flake, is an ad- country’s oldest public university, City to be guilty of savage behavior. It will vocate for vouchers all over the coun- University of New York. It is the oldest be a savage policy to shut out large try. He will tell us that polls show that public university, and there is a sus- numbers of students by saying that large numbers of African American tained attack to try to downsize and they cannot enter any one of the senior parents favor vouchers. Why do they gut that institution. That is what the colleges if they need remediation. favor vouchers? Because they are fed board of trustees is being forced to do They have gone further to say the 2- up, overwhelmed, they do not think right now. Massive political interven- year colleges, you can only have reme- they can improve public schools, and tion has taken place, and people on the diation for a little while, or the pro- they are the ones who say, I will take board of trustees are carrying out or- posal is being pushed by the mayor anything, I will try anything. ders from above. In the interests of that says the colleges should not have Let us lay aside my problem with saving money, they say, they want to remediation programs at all. There vouchers and say, okay, what if you de- greatly downsize the City University of should be institutes that provide reme- cided to implement vouchers tomorrow New York. diation. They should be summer insti- in Floyd Flake’s school district? Con- How are they going to do it? Set new tutes. You have a young person who gressman Flake is a minister, has a big standards for all the senior colleges. comes out of high school who may be cathedral, does a very good job of tak- You cannot get in if you need remedi- creative, have talent, which is what ing care of his parishioners. They have ation. You can get into Yale, Harvard, the City University has shown. a school. The school already has a long and a few other colleges across the Eighty percent of the students do waiting list. country if you need some remediation. graduate. A large number have defi- If we give him vouchers, if we give Remediation, 80 percent of the schools ciencies when they come in as fresh- students in that area vouchers and say, in the United States have some form of men, but the new atmosphere of the May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3621 college campus is a new beginning for at the local level in our government of New York City, for all that they the student. Their latent talents, cre- and at the State level. have had to go through all these many ativity, energy, is changed by being b 2200 years, have produced products that there on a college campus. were able to go through the higher edu- If you say to the student when he So there is no magic here. Local con- cation process and emerge. comes out of high school, you cannot trol of education has led us to where There are numerous Nobel Prize win- get into college, you cannot set foot on we are now. We are in trouble. ners that have come out of City Uni- the campus until you spend the sum- The Federal Government is only re- versity. Some people say, well, that mer in an institute to make certain sponsible for about 8 percent, between 7 was a long time ago. No. There are peo- that you pass the assessment tests in and 8 percent of the budget for edu- ple who graduated very recently who math, writing, languages, whatever, cation in this country. With all the also are Nobel Prize winners. Nobel reading, you will turn off large num- money spent on education, the Federal Prizes for medicine, Nobel Prizes for bers. Government is responsible for only 7 or physics, Nobel Prizes for economics, The California policy of anti-affirma- 8 percent. Most of that goes to higher Nobel Prizes for a whole range of items tive action, anti-diversity, has cut education so a very tiny amount of the that have come out of City University. away large numbers of minority stu- Federal budget goes to elementary and Their graduates are teaching and have dents, Hispanic and African American secondary education. higher positions in universities all students. City University will chop off We have very little voice. They keep across the country. They have been the head of opportunity for even more saying that mandates from the Federal sort of missionaries to the higher edu- with this remediation policy. Government do this. It really is a very cation community throughout the I spoke to the Board of Trustees of small amount of policy interference whole country. City University on April 20. I am a that takes place as a result of requir- Why now are leaders without vision Congressman. I have been on the Com- ing local governments to meet certain attempting to wipe out the effective City University? Two hundred thou- mittee on Education and the Work conditions in order to receive Federal sand students go to City University on Force for 16 years. I thought they money. This is all garbage. If we gave a regular basis and more than 100,000 go might give me a little more than 3 the schools of America, the local edu- in the evening. It is a massive edu- minutes, especially since I chided them cation agencies in the States 25 percent of the funding instead of 8 percent, we cational undertaking. It would be sav- for not bothering to come to Washing- age, stupid and savage to destroy that ton all during the time when we were could only have 25 percent of the con- trols still. I mean, we could increase institution. considering the Higher Education As- It would be stupid and savage for the the amount of resources from the Fed- sistance Act. Congress of the United States to ignore In previous years, and we consider eral Government from 8 to 25 percent education this year, not to fund a con- the Higher Education Assistance Act and still the local governments and the struction initiative, not to fund an ini- every 5 years, in the previous 2 times States would have 75 percent control, tiative which would bring down class we have reauthorized the Act, we have 75 percent of the responsibility for sizes, not to fund an initiative which had representatives from the City Uni- funding, 75 percent of the control. would meet the information tech- versity of New York, the State Univer- We ought to move toward the goal of nology needs of this country with stu- sity of New York. New York was very 25 percent Federal funding for our edu- dents in this country, with workers much absent this time in the consider- cation system. Education is the pri- that come from the families in this ation of the most important piece of mary ingredient and component of na- country. higher education legislation. They tional security. The greatness of the Why go outside to India or any other were not there. Nation, the economy of the Nation, it place to bring in information tech- I chided them for not coming to us, all is dependent on an educated popu- nology workers and say that they are but here I was in front of them. I hoped lace. It all falls back on this American necessary to save America? Why define they would give me more than 3 min- competitiveness. To have our competi- American competitiveness by the use utes, but they did not. I think the tiveness now linked to foreign profes- of foreign brainpower? Why not develop chairman did give me an extra minute, sionals coming in to take care of our our own brainpower? Why continue so I had 4 minutes to speak. The bu- needs is ridiculous. We are going in down this absurd road of Lysenkoism, reaucratic secretary sat there and just the wrong direction. We are mak- of superstition, of dogma which says nearly had a heart attack because the ing some stupid decisions and certainly that only vouchers and only privatiza- chairman was allowing the Congress- making some savage decisions. tion is important and ignore the fact man who sits on the Education Com- In the case of City University, in- that the President has put before us a mittee in Washington to speak for 1 stead of exploring the vulnerabilities of sensible agenda, $22 billion program for more minute. Just one more piece of ri- City University, the board of trustees school construction, a program to diculous behavior. and all the leaders of the city should be lower class sizes, a program to increase At any rate, I am going to read some approaching the weaknesses creatively reading readiness, a program to im- portions of the statement, because I and try to transform the shortcomings prove schools by increasing the amount want to sum up tonight my concern of City University into opportunities. of funds available for technology in the that the commonsense mandate for ac- All over the world, the education of schools? tion on education is being ignored here masses of youth emerging from educa- All of this is relevant, and it all re- in Washington, education at every tionally-deprived backgrounds is a lates to where we are in the world level. We are ignoring education at the vital challenge to the process of build- today. Our national security and our elementary and secondary level. We ing a new global society with abundant economy is directly dependent on our are not providing the kind of national supplies of indigenous leadership. education system. The American peo- assistance. Mr. Speaker, I will submit my entire ple know this. Common sense tells This garbage about local control is statement of testimony to the board of them this. That is why education is a garbage. With local control, we were trustees of the City University of New high priority. We should not let this almost unprepared to fight World War York on April 30, 1998. I want the entire session end without responding to the common sense mandate for action on II. Local control meant no programs statement to be included in the RECORD education. for health for the masses of the popu- so that those who did not have a Mr. Speaker, I include for the lation. We had unhealthy, emaciated chance to hear it will be able to read it. RECORD the testimony to which I re- bodies reporting to the draft. Local I want to conclude by saying that ferred: control is probably some of the worst City University is the oldest public TESTIMONY TO BE PRESENTED TO THE BOARD government in the country at the local university in the country. The bulk of OF TRUSTEES OF THE CITY UNIVERSITY OF level. I hear the majority keep glori- the students, great majority of the stu- NEW YORK BY CONGRESSMAN MAJOR OWENS, fying local control, State control. dents, now more than ever, 80 to 90 per- APRIL 20, 1998 Some of the greatest amount of corrup- cent come out of the public schools of Instead of exploiting the vulnerabilities of tion, ineptness, and mismanagement is New York City. So the public schools CUNY, we should approach the weaknesses H3622 CONGRESSIONAL RECORD — HOUSE May 20, 1998 creatively and we must transform short- placency; CUNY must accept the continuing rect, redesign, and refine that which exists comings into opportunities. challenge that the founders envisioned. already. At CUNY we need giant minds and All over the world the education of masses Following the principle that education extraordinary spirits to usher and lift a good of youth emerging from educationally de- adds value to each individual, we must seek university to a new level of greatness in the prived backgrounds is a vital challenge to ways to provide more and better education 21st century. New York is the nation’s indis- the process of building a new global society for all of our citizens. As our society grows pensable city. In this indispensable city, the with abundant supplies of indigenous leader- more complex higher education becomes not institution that is most clearly indispen- ship. If we meet this challenge of educating a luxury but an obvious necessity. We should sable for a prosperous future is CUNY. those who arrive in our college classrooms not shrink from the obligation to educate FISCAL FUTURE CHALLENGES FOR NEW YORK with inadequate preparation here in New and add value to students at the lowest pos- CITY INSTITUTIONS FOR COLLEGES AND UNI- York, in CUNY; if we can take freshmen sible cost. Education at CUNY is still a bar- VERSITIES from impoverished backgrounds with enor- gain for our taxpayers; it is far cheaper than mous skills deficits but who have normal incarceration and still cheaper than welfare Economic Development and Revenue. brains and great potential; if we can take dependency. New York City alone will need Each institution should have a tourism this kind of raw material and create produc- thousands of new teachers over the next 10 promotion program to facilitate bringing in tive and independent citizens able to take years. The nation will need more than a mil- visitors for conferences, conventions, semi- care of themselves and also serve as leaders; lion new Information Technology workers nars, etc. if we can seize the situation which presently over this same decade. Let’s educate and Each should forge linkages with ‘‘sister confronts us; then we will have a system claim our rightful share of these new posi- colleges’’ throughout the Nation and the that produces a priceless global product. tions. CUNY enrollments should not be re- world. Using New York’s great and enormously di- stricted. CUNY enrollments must be ex- Each institution should have one or sev- verse population we will have developed a panded. eral in-depth cultural and language insti- blueprint, a model for higher education In closing let me summarize my rec- tutes and/or collections related to a nation- which would be applicable anywhere in the ommendations as follows. ality, ethnic, or religious group. It should de- world. The world market for such a service is 1. To address the problem of excessive stu- clare itself a ‘‘world center’’ for that group. almost unlimited; it would be a product of dent remediation time and to make reason- Each institution should be related to the the highest value. able adjustments in admissions procedures, development of some museum or annual ex- What is happening here in New York at the campus presidents and faculty senates as hibition or festival with linkages to some re- CUNY is a tragedy. At a pivotal point in the well as other relevant higher education pol- curring tourism events. life of this city, as we approach the dawn of icy-making entities must be given no less Each institution should organize and sup- the 21st century, there are confused but pow- than 6 months to prepare and present a com- port an enhanced sports and game program erful forces in this city which are turning a prehensive plan to the CUNY Board of Trust- in recognition of the rapidly expanding dol- time for triumph into a time for tears. ees. lar value of all aspects of the sports and President Clinton has rightfully referred to 2. To allow CUNY to appropriately address game industries. America as the indispensable nation. It is the problems of remediation and the mainte- Each institution should develop an orga- not exaggerating to state that in this indis- nance of standards of excellence as well as nized program for promoting on-campus stu- pensable nation, New York is the indispen- the problems of gross infrastructure inad- dent entrepreneurs and industries located in sable City. In order for this City to maintain equacies and student-teacher ratios. The the vicinity of the campus which employ stu- its rightful place and fully realize its destiny Board of Trustees must unite with the presi- dents. Industries utilizing faculty knowledge an open, thriving, creative CUNY is an indis- dents; faculties and students, and the elected and expertise should share profits with the pensable institution. CUNY is the jewel in officials to present a full assessment of colleges. the crown of our unique urban civilization. CUNY’s needs as compared to similar public Each institution should have an organized This is the moment at which we must rally institutions in other states. This assessment and highly visible volunteer corps available our better instincts, our common sense; we shall serve as a blueprint for an immediate to assist with city emergencies and special must rally our cultivated logic and receptiv- infusion of federal, state and city capital and projects showing the taxpayers that students ity to the evidence provided by well-known operating funds to achieve the overhaul nec- are an integral part of the life of the city studies. Such studies show that the record of essary for the building of a greater CUNY. while enhancing the compassion image of CUNY is a laudable one. Consider the fact 3. The CUNY Board of Trustees shall as- the city. that the cost to educate a single student at sume the responsibility for the issuance of f Harvard is about $30,000 per year; the cost at an annual CUNY Report to the Citizens of taxpayer supported West Point is more than New York detailing its progress on over- LEAVE OF ABSENCE $120,000 per year. Despite its shoestring budg- coming weaknesses and its short-term and ets and repeated fiscal harassments, CUNY long-term plans for the future. Open public By unanimous consent, leave of ab- has endured over many years, CUNY still hearing fully covered by the CUNY Cable sence was granted to: stands in the ranks of the greatest in its pro- Television Channel 75 must be held following Mr. CRANE (at the request of Mr. duction of outstanding scholars, scientists the issuance of this annual report. ARMEY) for today until 12:30 p.m. on ac- and international prize winners. 4. That the CUNY Board of Trustees imme- count of illness. Oh what a tragedy indeed it would be if the diately order that a minimum of two regu- Ms. CARSON (at the request of Mr. enterprising citizens of New York would larly scheduled hours of time be set aside stand idly by and allow the destruction of GEPHARDT) for today on account of at- each week on the CUNY Channel 75 for the tending a family funeral. this great monument to the genius of ordi- presentation of a cross-section of viewpoints nary people. As silent intimidated sheep we on the present CUNY restructuring discus- Mr. ANDREWS (at the request of Mr. can not allow the mutilation of this oldest sions and on CUNY policies in general. GEPHARDT) for today before 2:00 p.m. on and most magnificent system for the pro- 5. That the CUNY Board of Trustees also account of attending a funeral. motion of maximum educational oppor- support the following two initiatives pre- Ms. STABENOW (at the request of Mr. tunity for the greatest number. What a trag- sented in attachments to this statement. GEPHARDT) for today on account of per- edy it would be if those with blurred visions A. An amendment to the Higher Education sonal business. and tiny spirits are allowed to oppress this Assistance Act which proposes the establish- greatest vehicle for insuring progress and ment of partnerships between higher edu- f economic justice in our city. cation institutions and community based or- Open enrollment is not our enemy. Reme- ganizations to sponsor store front computer SPECIAL ORDERS GRANTED diation is not a terrorist tactic. If education and telecommunications training centers. By unanimous consent, permission to is the way out of welfare then why are pow- B. A proposal for greater CUNY involve- address the House, following the legis- erful forces rushing to close the doors of edu- ment in promoting the immediate and long- lative program and any special orders cational opportunity. The trumpet has term fiscal stability and prosperity of New heretofore entered, was granted to: sounded for leadership from within CUNY. York City. Board of trustees; faculty senates; presi- CUNY must not allow itself to be invaded (The following Members (at the re- dents, and full-time and adjunct faculties; and oppressed by barbarians. Outsiders of quest of OBEY) to revise and extend student governments; student bodies; all to- any kind should not be allowed to stampede their remarks and include extraneous gether you comprise an aggregate more than CUNY into destructive restructuring. CUNY material:) 215,000 strong. You collectively represent the must be held accountable by citizens and Mr. EDWARDS, for 5 minutes, today. best educated and most aspiring among us. public officials but CUNY should never be in- Mr. FALEOMAVAEGA, for 5 minutes, You have the capacity to utilize an Athenian vaded; it should never be conquered and it today. style democracy not driven by the unin- should never be occupied by political and formed and the philistines. CUNY must re- philistine forces. Mr. HINCHEY, for 5 minutes, today. fined its own mission; CUNY must confront At CUNY we need scholarly expertise com- Mr. ABERCROMBIE, for 5 minutes, its pockets of internal corruption; CUNY bined with the wisdom of the best and most today. must arouse itself from snugness and com- experienced leadership in this city to cor- Mr. COYNE, for 5 minutes, today. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3623

Mrs. CLAYTON, for 5 minutes, today. Mrs. TAUSCHER. 9205. A letter from the Chairman, Council Mr. PALLONE, for 5 minutes, today. Mr. FROST. of the District of Columbia, transmitting a Ms. JACKSON-LEE of Texas, for 5 min- Mr. STRICKLAND. copy of D.C. Act 12–338, ‘‘Georgetown Busi- ness Improvement District Temporary utes, today. Mr. SNOWBARGER. Amendment Act of 1998’’ received May 19, (The following Members (at the re- Mr. ABERCROMBIE. 1998, pursuant to D.C. Code section 1— quest of Mr. MCINNIS) to revise and ex- f 233(c)(1); to the Committee on Government tend their remarks and include extra- Reform and Oversight. neous material:) ADJOURNMENT 9206. A letter from the Chairman, Council Mr. ISTOOK, for 5 minutes, today. Mr. OWENS. Mr. Speaker, I move of the District of Columbia, transmitting a Mr. RIGGS, for 5 minutes, today. that the House do now adjourn. copy of D.C. Act 12–335, ‘‘Correctional Treat- ment Facility Temporary Amendment Act of Mr. FOX of Pennsylvania, for 5 min- The motion was agreed to; accord- utes, today. 1998’’ received May 19, 1998, pursuant to D.C. ingly (at 10 o’clock and 6 minutes Code section 1—233(c)(1); to the Committee Mr. DREIER, for 5 minutes, today. p.m.), the House adjourned until Thurs- on Government Reform and Oversight. f day, May 21, 1998, at 10 a.m. 9207. A letter from the Chairman, Council EXTENSION OF REMARKS f of the District of Columbia, transmitting a copy of D.C. Act 12–340, ‘‘Residency Require- By unanimous consent, permission to EXECUTIVE COMMUNICATIONS, ment Reinstatement Amendment Act of revise and extend remarks was granted ETC. 1998’’ received May 19, 1998, pursuant to D.C. to: Code section 1—233(c)(1); to the Committee Under clause 2 of rule XXIV, execu- (The following Members (at the re- on Government Reform and Oversight. tive communications were taken from 9208. A letter from the Chairman, Council quest of Mr. OBEY) and to include ex- the Speaker’s table and referred as fol- of the District of Columbia, transmitting a traneous matter:) lows: copy of D.C. Act 12–342, ‘‘Advisory Neighbor- Mr. KIND. 9197. A communication from the President hood Commissions Act of 1975 Financial Re- Mr. HAMILTON. of the United States, transmitting his re- porting Amendment Act of 1998’’ received Mr. STOKES. quests for FY 1999 budget amendments for May 19, 1998, pursuant to D.C. Code section Mr. SKELTON. the Departments of Agriculture, Commerce, 1—233(c)(1); to the Committee on Govern- Ms. STABENOW. Defense, and Transportation; the Environ- ment Reform and Oversight. 9209. A letter from the Chairman, Council Ms. DEGETTE. mental Protection Agency; International As- of the District of Columbia, transmitting a Mr. MARKEY. sistance Programs; the District of Columbia; copy of D.C. Act 12–341, ‘‘Definition of Op- and, the Postal Service, pursuant to 31 Mr. BERRY. tometry Amendment Act of 1998’’ received U.S.C. 1107; (H. Doc. No. 105—255); to the Ms. PELOSI. May 19, 1998, pursuant to D.C. Code section Committee on Appropriations and ordered to Mr. EVANS. 1—233(c)(1); to the Committee on Govern- be printed. Mr. POSHARD. ment Reform and Oversight. 9198. A letter from the Chairman, Council 9210. A letter from the Chairman, Council Mr. COYNE. of the District of Columbia, transmitting a of the District of Columbia, transmitting a Mr. ROEMER. copy of D.C. Act 12–344, ‘‘TANF and TANF- copy of D.C. Act 12–343, ‘‘Truth in Sentencing Mr. MCDERMOTT. Related Medicare Managed Care Program Amendment Act of 1998’’ received May 19, Mr. SCHUMER. Temporary Amendment Act of 1998’’ received 1998, pursuant to D.C. Code section 1— May 19, 1998, pursuant to D.C. Code section Mr. SHERMAN. 233(c)(1); to the Committee on Government 1—233(c)(1); to the Committee on Govern- Mr. WAXMAN. Reform and Oversight. Mr. LANTOS. ment Reform and Oversight. 9211. A letter from the Chairman, Council Ms.VELAZQUEZ. 9199. A letter from the Chairman, Council of the District of Columbia, transmitting a of the District of Columbia, transmitting a Mr. GEJDENSON. copy of D.C. Act 12–328, ‘‘Children’s Defense copy of D.C. Act 12–337, ‘‘Uniform Controlled Fund Equitable Real Property Tax Relief Mr. BENTSEN. Substances Amendment Act of 1998’’ received Mr. FARR of California. Temporary Act of 1998’’ received May 19, May 19, 1998, pursuant to D.C. Code section 1998, pursuant to D.C. Code section 1— Mr. TORRES. 1—233(c)(1); to the Committee on Govern- 233(c)(1); to the Committee on Government Ms. NORTON. ment Reform and Oversight. Reform and Oversight. (The following Members (at the re- 9200. A letter from the Chairman, Council 9212. A letter from the Chairman, Council quest of Mr. MCINNIS) and to include of the District of Columbia, transmitting a of the District of Columbia, transmitting a extraneous matter:) copy of D.C. Act 12–336, ‘‘Parking Meter Fee copy of D.C. Act 12–334, ‘‘Motor Vehicle Ex- Moratorium Amendment Act of 1998’’ re- Mr. SHIMKUS. cessive Idling Fine Increase Temporary ceived May 19, 1998, pursuant to D.C. Code Mr. BLILEY. Amendment Act of 1998’’ received May 19, section 1—233(c)(1); to the Committee on 1998, pursuant to D.C. Code section 1— Mr. RYUN. Government Reform and Oversight. 233(c)(1); to the Committee on Government Mr. GILMAN. 9201. A letter from the Chairman, Council Reform and Oversight. Mr. ROGAN. of the District of Columbia, transmitting a f Mr. NETHERCUTT. copy of D.C. Act 12–330, ‘‘Uniform Interstate Mr. BARRETT of Nebraska. Family Support Amendment Act of 1998’’ re- REPORTS OF COMMITTEES ON Mr. RADANOVICH. ceived May 19, 1998, pursuant to D.C. Code PUBLIC BILLS AND RESOLUTIONS section 1—233(c)(1); to the Committee on Mr. CALLAHAN. Government Reform and Oversight. Under clause 2 of rule XIII, reports of Mr. PORTMAN. 9202. A letter from the Chairman, Council committees were delivered to the Clerk Mr. RILEY. of the District of Columbia, transmitting a for printing and references to the prop- Mr. FRELINGHUYSEN. copy of D.C. Act 12–329, ‘‘Public Assistance er calendar, as follows: Mr. RIGGS. Temporary Amendment Act of 1998’’ received Mr. LINDER: Committee on Rules. House (The following Members (at the re- May 19, 1998, pursuant to D.C. Code section Resolution 442. Resolution providing for the quest of Mr. OWENS) and to include ex- 1—233(c)(1); to the Committee on Govern- consideration of the joint resolution (H. J. traneous matter:) ment Reform and Oversight. Res. 119) proposing an amendment to the 9203. A letter from the Chairman, Council Mr. HOYER. Constitution of the United States to limit of the District of Columbia, transmitting a Mr. RODRIGUEZ. campaign spending, and for consideration of copy of D.C. Act 12–332, ‘‘District of Colum- the bill (H.R. 2183) to amend the Federal Mr. SAM JOHNSON of Texas. bia Unemployment Compensation Federal Election Campaign Act of 1971 to reform the Mr. METCALF. Conformity Amendment Act of 1998’’ re- financing of campaigns for elections for Fed- Mr. BALLENGER. ceived May 19, 1998, pursuant to D.C. Code eral office, and for other purposes (Rept. 105– Mr. PACKARD. section 1—233(c)(1); to the Committee on 545). Referred to the House Calendar. Government Reform and Oversight. Mr. SKEEN. f Mr. KENNEDY of Rhode Island. 9204. A letter from the Chairman, Council of the District of Columbia, transmitting a Mr. YOUNG of Florida. PUBLIC BILLS AND RESOLUTIONS copy of D.C. Act 12–333, ‘‘Eastern Market Mr. ARMEY. Open Air Retailing Temporary Act of 1998’’ Under clause 5 of Rule X and clause 4 Mr. CLYBURN. received May 19, 1998, pursuant to D.C. Code of Rule XXII, public bills and resolu- Mr. LAMPSON. section 1—233(c)(1); to the Committee on tions were introduced and severally re- Ms. ESHOO. Government Reform and Oversight. ferred, as follows: H3624 CONGRESSIONAL RECORD — HOUSE May 20, 1998

By Mr. ROGERS: opathy after their operation is assumed by ginia, Mr. SESSIONS, Mr. CONDIT, Mr. H.R. 3904. A bill to amend the Immigration another hospital; to the Committee on Ways DAVIS of Virginia, Mr. KUCINICH, Mr. and Nationality Act to improve the adminis- and Means, and in addition to the Committee SHAYS, Mr. MCGOVERN, Mr. TALENT, trative structure for carrying out the immi- on Commerce, for a period to be subse- Mr. SANFORD, Ms. DELAURO, Mr. gration laws in accordance with the rec- quently determined by the Speaker, in each SUNUNU, Ms. KILPATRICK, and Mr. ommendations of the United States Commis- case for consideration of such provisions as WEYGAND): sion on Immigration Reform; to the Commit- fall within the jurisdiction of the committee H.R. 3921. A bill to improve the effective- tee on the Judiciary. concerned. ness and performance of Federal financial as- By Mr. HYDE: By Mr. KENNEDY of Rhode Island: sistance programs, simplify Federal finan- H.R. 3905. A bill to establish legal stand- H.R. 3915. A bill to adjust the immigration cial assistance application and reporting re- ards and procedures for the fair, prompt, in- status of certain Liberian nationals who quirements, and improve the delivery of expensive and efficient resolution of personal were provided refuge in the United States; to services to the public; to the Committee on injury claims arising out of asbestos expo- the Committee on the Judiciary. Government Reform and Oversight. By Mr. MARKEY (for himself, Mr. sure, and for other purposes; to the Commit- By Mr. SKEEN: ROYCE, Mr. PAYNE, Mr. CAMPBELL, tee on the Judiciary. H.R. 3922. A bill to eliminate the regional By Mr. BRYANT: Mr. MENENDEZ, Mr. MCDADE, Ms. MCKINNEY, Mr. BARRETT of Nebraska, system of organizing the National Forest H.R. 3906. A bill to amend title 10, United Mr. SCHUMER, Mr. LATOURETTE, Mr. System and to replace the regional offices of States Code, to provide that a person sen- MCGOVERN, Mr. METCALF, Mr. STARK, the Forest Service with State offices; to the tenced by a court-martial to confinement for Ms. RIVERS, Mr. HOLDEN, and Ms. Committee on Agriculture. life may not be granted parole until the per- FURSE): By Mr. STRICKLAND (for himself and son has been confined for at least 30 years; to H.R. 3916. A bill expressing the sense of the Mr. WHITFIELD): the Committee on National Security. Congress regarding the need to address Nige- H.R. 3923. A bill to authorize the Worker By Mr. BRYANT: rian advance fee fraud, and for other pur- and Community Transition Office of the De- H.R. 3907. A bill to amend the Internal Rev- poses; to the Committee on International partment of Energy to manage a fund to as- enue Code of 1986 to provide for a 95 percent Relations. sist workers at, and communities surround- income tax rate on attorneys’ fees paid in By Mr. MCCRERY (for himself, Mr. ing, the Piketon, Ohio and Paducah, Ken- connection with the settlement (as part of WATKINS, Mr. SAM JOHNSON, Mr. JEF- tucky uranium enrichment plants; to the the tobacco settlement agreement dated FERSON, Mr. TAUZIN, Mr. COOKSEY, Committee on Commerce. June 20, 1997) of any action maintained by a Mr. JOHN, Mr. LIVINGSTON, Mr. State; to the Committee on Ways and Means. BAKER, and Mr. WATTS of Oklahoma): f By Mr. BRYANT: H.R. 3917. A bill to amend the Internal Rev- H.R. 3908. A bill to amend the Internal Rev- enue Code of 1986 to change the determina- enue Code of 1986 to exclude from gross in- tion of the 50,000-barrel refinery limitation PRIVATE BILLS AND come the dividends paid by tobacco compa- on oil depletion deduction from a daily basis nies which meet youth smoking reduction to an annual average daily basis; to the Com- RESOLUTIONS targets; to the Committee on Ways and mittee on Ways and Means. Under clause 1 of Rule XXII, Means, and in addition to the Committee on By Ms. MCKINNEY (for herself, Mr. Mr. RIGGS introduced A bill (H.R. 3924) to Commerce, for a period to be subsequently SMITH of New Jersey, Mrs. LOWEY, authorize conveyance of 2 decommissioned determined by the Speaker, in each case for Mr. HALL of Ohio, Mr. EVANS, Mr. Coast Guard vessels to Canvasback Mission, consideration of such provisions as fall with- SANDERS, Mr. OLVER, Mr. DEFAZIO, Inc., for use for provision of medical serv- in the jurisdiction of the committee con- Ms. LEE, Mr. FRANK of Massachu- ices; which was referred to the Committee on cerned. setts, and Mr. FARR of California): Transportation and Infrastructure. By Mr. CANNON: H.R. 3918. A bill to prohibit the transfer of H.R. 3909. A bill to make technical correc- lethal military equipment, helicopters, re- tions and minor adjustments to the bound- placement structural components and am- f aries of the Grand Staircase-Escalante Na- munition for that equipment and heli- tional Monument in the State of Utah; to copters, and other related assistance to the the Committee on Resources. Government of Indonesia unless the Presi- ADDITIONAL SPONSORS By Mr. DINGELL (for himself, Mr. dent certifies that the Government of Indo- Under clause 4 of rule XXII, sponsors nesia has been elected in free and fair elec- KNOLLENBERG, Mr. BONIOR, Mr. were added to public bills and resolu- UPTON, Mr. KILDEE, Mr. EHLERS, Mr. tions, does not repress civilian political ex- tions as follows: LEVIN, Ms. KILPATRICK, Mr. CAMP, pression, and has made substantial improve- Mr. CONYERS, Ms. STABENOW, Ms. ment in human rights conditions in Indo- H.R. 8: Mr. REYES. nesia, East Timor, and Irian Jaya (West RIVERS, Mr. STUPAK, and Mr. BARCIA H.R. 95: Mr. PAUL. of Michigan): Papua); to the Committee on International H.R. 135: Mr. LUTHER. H.R. 3910. A bill to authorize the Auto- Relations. mobile National Heritage Area; to the Com- By Mr. NETHERCUTT (for himself, Mr. H.R. 165: Mrs. CAPPS. mittee on Resources. LIVINGSTON, Ms. DUNN of Washington, H.R. 339: Mr. SHADEGG. Mr. HAYWORTH, Mrs. MYRICK, Mrs. By Mr. FARR of California (for him- H.R. 530: Mr. HOSTETTLER, Mr. HALL of EMERSON, Mr. LATHAM, Mr. GILMAN, self, Mr. GALLEGLY, and Mr. Texas, and Mr. EVANS. Mr. SAM JOHNSON, Mr. HASTERT, Mr. BILBRAY): H.R. 598: Mr. NORWOOD. WICKER, Mr. HUTCHINSON, Mr. BARR of H.R. 3911. A bill to designate all unreserved Georgia, Mr. MCCOLLUM, Mr. SOUDER, H.R. 678: Mr. BALDACCI, Mr. DEFAZIO, Mr. and unappropriated California coastal rocks Mr. HASTINGS of Washington, Mr. DELAHUNT, Ms. MCCARTHY of Missouri, Mr. and islands currently administered by the METCALF, Mr. MICA, Mr. SESSIONS, MATSUI, and Mr. SNYDER. Bureau of Land Management as a component and Ms. GRANGER): H.R. 687: Mr. STARK Mr. BECERRA, and Mr. of the National Wilderness Preservation Sys- H.R. 3919. A bill to direct the United States COYNE. tem; to the Committee on Resources. Sentencing Commission to provide penalty By Mr. SAM JOHNSON (for himself and H.R. 693: Mr. MCCOLLUM. enhancements for drug offenses committed Mr. BONILLA): H.R. 978: Mr. BARCIA of Michigan. in the presense of children; to the Committee H.R. 3912. A bill to amend title II of the So- on the Judiciary. H.R. 1037: Mr. SHAW and Mr. TANNER. cial Security Act to eliminate the earnings By Ms. NORTON: H.R. 1126: Mr. ROMERO-BARCELO, Mr. BAR- test for individuals who have attained retire- H.R. 3920. A bill to amend the District of TON of Texas, Ms. DANNER, Mr. JONES, Mr. ment age; to the Committee on Ways and Columbia Home Rule Act to eliminate Con- KOLBE, Mr. SPENCE, Mr. NEAL of Massachu- Means. gressional review of newly-passed District setts, Mr. BAKER, Mr. NETHERCUTT, Mr. By Mr. SAM JOHNSON: laws, to provide the District of Columbia MCHUGH, Mr. TAYLOR of North Carolina, Mr. H.R. 3913. A bill to amend the Internal Rev- with autonomy over its budgets, and for DIAZ-BALART, Mr. CONYERS, Mr. CUMMINGS, enue Code of 1986 to clarify that natural gas other purposes; to the Committee on Govern- and Ms. SANCHEZ. gathering lines are 7-year property for pur- ment Reform and Oversight, and in addition H.R. 1134: Mr. GILCHREST, Mr. JENKINS, Mr. poses of depreciation; to the Committee on to the Committee on Rules, for a period to be KILDEE, and Ms. PRYCE of Ohio. Ways and Means. subsequently determined by the Speaker, in H.R. 1334: Mr. FAZIO of California and Mr. By Ms. KAPTUR: each case for consideration of such provi- H.R. 3914. A bill to amend title XVIII of the sions as fall within the jurisdiction of the MANTON. Social Security Act to continue Medicare di- committee concerned. H.R. 1338: Mr. BARRETT of Wisconsin and rect graduate medical education payment By Mr. PORTMAN (for himself, Mr. Mr. BARCIA of Michigan. rates for certain training programs in oste- HOYER, Mr. HORN, Mr. MORAN of Vir- H.R. 1450: Ms. RIVERS. May 20, 1998 CONGRESSIONAL RECORD — HOUSE H3625

H.R. 1507: Ms. LEE. H.R. 3610: Mr. KANJORSKI, Ms. PRYCE of H. Res. 37: Mr. METCALF, Mr. BOYD, Mr. H.R. 1521: Mr. ANDREWS and Ms. SANCHEZ. Ohio, Mr. LATOURETTE, Mr. PALLONE, and BECERRA, Mrs. MINK of Hawaii, Mr. H.R. 1524: Mr. RAMSTAD. Mr. PORTMAN. DELAHUNT, Mr. STUPAK, Mr. BARCIA of Michi- H.R. 1577: Mr. BUYER. H.R. 3624: Mr. DEUTSCH, Mr. KILDEE, Mr. gan, Mrs. MCCARTHY of New York, Mr. H.R. 1628: Mr. GILCHREST, Mrs. MEEK of BONIOR, Mr. RAHALL, Mr. LAMPSON, Mrs. MCHALE, Mr. DOYLE, Mr. MOLLOHAN, Mr. RA- Florida, Mr. HAYWORTH, Mrs. ROUKEMA, and MINK of Hawaii, Mr. OLVER, and Mr. LEWIS of HALL, and Mr. KIND of Wisconsin., Mrs. THURMAN. Georgia. H. Res. 418: Mr. VISCLOSKY and Ms. H.R. 1995: Ms. KILPATRICK, Mr. LAFALCE, H.R. 3629: Mr. ROTHMAN and Mr. SAM JOHN- STABENOW. Mr. WYNN, Mr. HINOJOSA, Ms. CARSON , Mr. SON. H. Res. 438: Mr. TAYLOR of Mississippi, Mr. MOLLOHAN, Ms. SLAUGHTER, Ms. EDDIE BER- H.R. 3632: Mr. LEWIS of California, Mr. MCKEON, Mr. WATTS of Oklahoma, Mr. DOO- NICE JOHNSON of Texas, Mr. TAYLOR of Mis- SMITH of New Jersey, and Mr. LEACH. LITTLE, Mrs. MYRICK, Mr. MCGOVERN, and Mr. sissippi, Mrs. JOHNSON of Connecticut, Mr. H.R. 3652: Mr. PAYNE, Mr. WAXMAN, Mr. CAMPBELL. COYNE, Mr. NEAL of Massachusetts, Mr. GREEN, Mr. OLVER, Mr. EVANS, Mr. SANDLIN, MENENDEZ, and Mr. SKELTON. Ms. CHRISTIAN-GREEN, Mrs. CAPPS, Mr. ACK- f H.R. 2004: Mr. SNYDER. ERMAN, Mr. CONYERS, Mr. CLEMENT, and Mr. H.R. 2019: Mr. ENGEL. STARK. AMENDMENTS H.R. 2023: Mr. HILLIARD, Mr. DICKS, and Ms. H.R. 3707: Mr. ROHRABACHER, Mr. MCCRERY, WATERS. Mr. CUNNINGHAM, Mr. WATTS of Oklahoma, Under clause 6 of rule XXIII, pro- H.R. 2077: Mr. CAMPBELL and Mrs. MINK of Mr. SPENCE, Mr. HILLEARY, Mr. ISTOOK, and posed amendments were submitted as Hawaii. Mr. HALL of Texas. follows: H.R. 2174: Mr. PASTOR, MR. GILMAN, Mr. H.R. 3734: Mr. BURR of North Carolina, Mr. H.R. 2183 ENGEL, Mr. CUMMINGS, Mr. LAMPSON, Mr. SCARBOROUGH, Mr. BASS, Mr. Ehrlich, and OFFERED BY: MR. HORN LEACH, Mr. MORAN of Virginia, Mr. VENTO, Mr. ADERHOLT. and Mr. DICKS. H.R. 3744: Mr. HASTINGS of Washington. (To the Amendment in the Nature of a H.R. 2450: Mr. SERRANO. H.R. 3749: Mr. LIPINSKI. Substitute No. 8 Offered By: Mr. Hutchinson) H.R. 2537: Mr. NORWOOD. H.R. 3758: Mr. LEWIS of Georgia, Mr. AMENDMENT NO. 17: Strike section 301 and H.R. 2549: Mr. BAESLER and Mr. KUCINICH. SANDLIN, and Mrs. THURMAN. insert the following: H.R. 2568: Mrs. THURMAN. H.R. 3767: Ms. FURSE, Mrs. THURMAN, and SEC. 301. DISCLOSURE OF CERTAIN COMMUNICA- H.R. 2579: Mr. BARRETT of Nebraska. Mr. STUMP. TIONS. H.R. 2733: Mr. PORTMAN, Mr. CHABOT, Mr. H.R. 3783: Mr. PAXON and Mrs. JOHNSON of Section 304 of the Federal Election Cam- WOLF, Mr. LARGENT, Mr. PASCRELL, Mr. Connecticut. paign Act of 1971 (2 U.S.C. 434) is amended by DAVIS of Virginia, Mr. LAFALCE, Mr. VIS- H.R. 3792: Mr. PICKETT. adding at the end the following new sub- CLOSKY, Mr. BENTSEN, Mr. GREENWOOD, Mr. H.R. 3814: Ms. FURSE, Mr. NETHERCUTT, Mr. section: MCGOVERN, and Mr. REDMOND. LIPINSKI, Mr. WATKINS, Mr. FROST, Mr. LAN- ‘‘(d)(1) In addition to any other informa- H.R. 2760: Mr. MANZULLO and Mr. MCINNIS. TOS, Mr. GEJDENSON, Mr. SANDLIN, Mr. MAT- tion required to be reported under this Act, H.R. 2761: Mr. OWENS. SUI, Mr. BENTSEN, Mr. JENKINS, and Ms. KIL- any person who makes payments described H.R. 2828: Mr. LATOURETTE. PATRICK. in paragraph (2) in an aggregate amount or H.R. 2869: Mr. PICKERING. H.R. 3815: Mr. KIND of Wisconsin, Mr. SNY- H.R. 2888: Mrs. FOWLER. value in excess of $250 during a calendar year DER, Mr. BECERRA, Mr. LUTHER, Mr. GREEN, H.R. 2923: Mr. SERRANO, Mr. YOUNG of Alas- shall report such payments and the source of Mr. BRADY, and Mr. ADAM SMITH of Washing- the funds used to make such payments to the ka, Mr. LEACH, and Mr. MARKEY. ton. H.R. 2941: Mr. WELDON of Pennsylvania and Commission in the same manner and under H.R. 3828: Mr. NUSSLE, Mr. WELLER, Mr. Mr. BLUNT. the same terms and conditions as a political RAMSTAD, Mr. PETERSON of Pennsylvania, H.R. 2951: Mr. DICKS, Mr. BUNNING of Ken- committee reporting expenditures and con- Mr. BUNNING of Kentucky, and Mr. GUT- tucky, Mr. GREENWOOD, and Mr. SERRANO. tributions to the Commission under this sec- KNECHT. H.R. 2990: Mr. CASTLE and Mr. FORBES. tion, except that if such person makes such H.R. 3829: Mr. HYDE. H.R. 2995: Mr. BECERRA. payments in an aggregate amount or value H.R. 3858: Mr. WAMP. H.R. 3008: Mr. SESSIONS. of $1,000 or more after the 20th day, but more H.R. 3156: Mr. KANJORSKI, Ms. KAPTUR, Mr. H.R. 3877: Ms. STABENOW. than 24 hours, before any election, such per- LAMPSON, Ms. DUNN of Washington, and Mrs. H.R. 3879: Mr. CLEMENT, Mr. GIBBONS, Mr. son shall report such information within 24 THURMAN. HASTINGS of Washington, and Mr. LARGENT. hours after such payments are made. H.R. 3205: Mr. HALL of Texas, Mr. TOWNS, H.R. 3886: Mr. TAYLOR of Mississippi, Mrs. ‘‘(2) A payment described in this paragraph Mr. BAESLER, Mr. BONILLA, and Mr. CUBIN, Mr. HILLEARY, Mr. WATTS of Okla- is a payment for any communication which HILLEARY. homa, Mr. DOOLITTLE, Mrs. MYRICK, Mr. is made during the 90-day period ending on H.R. 3248: Mr. PAPPAS. MCGOVERN, and Mr. CAMPBELL. the date of an election and which mentions a H.R. 3297: Mr. HOEKSTRA. H.R. 3888: Mr. PETERSON of Pennsylvania, clearly identified candidate for election for H.R. 3320: Mr. PALLONE, Mr. REYES, Mr. Mr. ALLEN, Mrs. EMERSON, Mr. METCALF, Mr. Federal office or the political party of such DELAHUNT, Mr. MOAKLEY, Mr. KUCINICH, Mr. LATOURETTE, Mr. ENGLISH of Pennsylvania, a candidate, or which contains the likeness GUTIERREZ, Mr. FORD, Mr. SANDLIN, Mr. Mr. HUTCHINSON, Mr. SAXTON, and Mr. of such a candidate, other than a payment ENGEL, Mr. SERRANO, Mr. BLUMENAUER, and WHITFIELD. which would be described in clause (i), (iii), Mr. LEACH. H.J. Res. 100: Mr. MANTON, Mr. MILLER of or (v) of section 301(9)(B) if the payment were H.R. 3396: Mr. NORWOOD, Mr. ISTOOK, Mr. California, and Mr. DOYLE. an expenditure under such section.’’. H. Con. Res. 203: Mr. BARRETT of Wiscon- HANSEN, Mr. HOUGHTON, Mr. HASTINGS of OFFERED BY: MR. TRAFICANT Washington, and Mr. DELAY. sin, Mr. HASTINGS of Florida, Mr. GOODE, Mr. AMENDMENT NO. 1: Page 137, after line 23, H.R. 3470: Mr. ROMERO-BARCELO, and Mr. BOYD, Mr. CLEMENT, Mr. DIXON, Mr. SHER- insert the following (and make such tech- HILLIARD. MAN, Mr. CUMMINGS, Mr. BRADY, Mr. MEEKS nical and conforming changes as may be ap- H.R. 3499: Mr. HASTINGS of Florida, Mr. of New York, Mrs. KENNELLY of Connecticut, propriate): PAYNE, Mr. FORD, Mr. CLAY, Ms. KILPATRICK, Mr. PETERSON of Minnesota, Mr. REDMOND, and Mr. HILLIARD. Mr. LOBIONDO, and Mr. BISHOP. SEC. 444. REPORT ON IMPACT ON EMPLOYMENT. H.R. 3500: Mr. LEWIS of Georgia. H. Con. Res. 229: Mr. BAESLER, Mr. BEREU- Not later than February 1, 2000, and annu- H.R. 3514: Mr. OWENS. TER, Mr. GRAHAM, and Mr. SHUSTER. ally thereafter, the Administrative Office of H.R. 3524: Mr. BALDACCI. H. Con. Res. 233: Mr. SNYDER. the United States Courts shall submit, to the H.R. 3531: Mr. MCGOVERN, Mr. COYNE, and H. Con. Res. 266: Ms. KAPTUR, Mr. PORTER, Speaker of the House of Representatives and Mr. SERRANO. and Mr. FRANK of Massachusetts. the President pro tempore of the Senate, a H.R. 3566: Mr. CASTLE. H. Con. Res. 267: Mr. HILLIARD and Ms. report describing the specific impact that H.R. 3605: Mr. VISCLOSKY, Mr. FATTAH, Mr. JACKSON-LEE. the amendments made by this Act have on MASCARA, and Mr. STOKES. H. Con. Res. 268: Mr. BROWN of Ohio. employment in the United States. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, MAY 20, 1998 No. 65 Senate The Senate met at 9:30 a.m. and was pect rollcall votes throughout Wednes- AMENDMENT NO. 2422 called to order by the President pro day’s session as the Senate attempts to Mr. WELLSTONE. Mr. President, tempore [Mr. THURMOND]. make good progress on this important when the Congress first conceived of bill. comprehensive tobacco legislation, the PRAYER I thank my colleagues for their at- primary goal was to deter youth smok- The Chaplain, Dr. Lloyd John tention, and I yield the floor. ing—I will say that again—the primary Ogilvie, offered the following prayer: Several Senators addressed the goal was, and is, to deter youth smok- Gracious God, we press on with re- Chair. ing. newed hope for the debate over crucial The PRESIDENT pro tempore. The We have now discovered, through issues before us. We know that if we able Senator from Massachusetts is millions of documents—the State of trust You and proceed with honest ex- recognized. Minnesota has led the way; my State, change and civility, You will help us Mr. KERRY. Mr. President, it is our Minnesota, has led the way—that the succeed together. effort to try to divide the time between industry has over the years inten- Make us so secure in Your love that now and 11 evenly on both sides, al- tionally marketed to our children, in- our egos will not get in the way; grant though we are going to do that without tentionally targeted our children. Our us Your power, so we will not need to a unanimous consent request. We children, our sons and daughters—their manipulate in a power struggle; free us would like to try to do it just as a mat- profits. Our children’s lives for their from secondary loyalties, so we can ter of comity; and hopefully we can money. This is an unacceptable trade- focus on the future of our Nation as our make that work. off. primary concern. Thank You for the I yield the floor. strength and vitality that You provide. f Mr. President, do not take my words We commit this day and our lives to as a Senator from Minnesota as the NATIONAL TOBACCO POLICY AND final words on this matter. Let us just You. Through our Lord and Saviour. YOUTH SMOKING REDUCTION ACT Amen. look at the tobacco companies’ own f The PRESIDENT pro tempore. The documents. clerk will report the bill. An R.J. Reynolds document penned RECOGNITION OF THE ACTING The assistant legislative clerk read in 1976: MAJORITY LEADER as follows: The PRESIDENT pro tempore. The A bill (S. 1415) to reform and restructure Evidence is now available to indicate that 14–18 year old group is an increasing segment able acting majority leader is recog- the processes by which tobacco products are manufactured, marketed, and distributed, to of the smoking population. RJR-(tobacco) nized. must soon establish a successful new brand Mr. ALLARD. Thank you, Mr. Presi- prevent the use of tobacco products by mi- nors, to redress the adverse health effects of in this market if our position in the industry dent. tobacco use, and for other purposes. is to be maintained in the long term. f The Senate resumed consideration of Philip Morris in 1981: SCHEDULE the bill. Today’s teenager is tomorrow’s potential Mr. ALLARD. Mr. President, for the Pending: regular customer, and the overwhelming ma- information of all Senators, today the Kennedy/Lautenberg amendment No. 2422 jority of smokers first begin to smoke while Senate will resume consideration of (to amendment No. 2420), to modify those still in their teens . . . The smoking patterns the tobacco legislation. There are two provisions relating to revenues from pay- of teenagers are particularly important to ments made by participating tobacco compa- Philip Morris. amendments currently pending, and it nies. is expected that a vote on or in rela- Ashcroft amendment No. 2427 (to amend- The 1998 report, ‘‘Taking Action to tion to one or both of those amend- ment No. 2422), to strike those provisions re- Reduce Tobacco Use,’’ published by the ments will occur by 11 a.m. this morn- lating to consumer taxes. Institute of Medicine of the National ing. Mr. WELLSTONE addressed the Academy of Sciences, concluded—and I It is hoped that following disposition Chair. quote— of those amendments, Members will The PRESIDENT pro tempore. The . . . the single most direct and reliable come to the floor to offer and debate distinguished Senator from Minnesota. method for reducing consumption is to in- remaining amendments to the tobacco Mr. WELLSTONE. I thank the Chair. crease the price of tobacco products, thus en- legislation under short time agree- Mr. President, I ask the manager couraging the cessation and reducing the ments. Therefore, Members should ex- that I may have 6 minutes to speak. level of initiation of tobacco use.

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

S5149 S5150 CONGRESSIONAL RECORD — SENATE May 20, 1998 And, colleagues, we can look at to- price increase in the Kennedy amend- this country over the period of the last bacco to see what effect raising prices ment will not bankrupt the industry. 5 years. Look what has happened since has. The price increase that the Kennedy 1991, 1993, 1995, 1997. Over this period of Between 1979 and 1991, real prices in amendment calls for, $1.50, will not cre- time, we have seen the absolute explo- Canada increased from $2.09 to $5.42. ate a black market. What this price in- sion in the utilization of cigarettes by And when that happened, the smoking crease will do is save lives. It is for the young people in this country. The tar- usage among 15- to 19-year-olds fell lives of all Americans, it is for the get of the tobacco industry, as dem- from 42 percent to 16 percent. This is lives of young people that should not onstrated by their own material, has dramatic evidence; it is not a conjec- die a premature death, that I ask my been with the youth of this country, ture on my part. It is an important colleagues to support Senator KEN- and particularly with the minorities of analysis. NEDY’s amendment. this Nation. All you have to do is look Now, colleagues, the tobacco indus- Yesterday, my colleague from Massa- at these statistics from 1991 through try has blitzed the Senate on this chusetts pointed out that an additional 1997. There is an 80-percent increase in amendment. We have a second-degree 40-percent increase will mean that black and non-Hispanic use of ciga- amendment that doesn’t want to do 750,000 more children will not start rettes, 80-percent increase. This is with any raise in price. And what are smoking—750,000 children that won’t what is happening in the United States they saying? They are saying that this start smoking. This is about saving of America. Among Hispanics, it has will bankrupt us. What are they say- lives. This is, I think, perhaps the most gone up some 34 percent over the pe- ing? This will create a black market. important public health amendment riod of these past 6 years. Among But, Mr. President, Jeffrey Harris, that we have, because if we want to white, non-Hispanic young people in who is a leading and impartial expert, dramatically decrease demand and stop our country, some 28 percent. This is talks about the tobacco industry mak- smoking among teenagers, we have to an average rise, since 1997, of 32 per- ing about $5 billion in profits in the get the price up there to lessen the de- cent—32-percent increase. year 2003. It does not sound like they mand. This amendment does that. I ask What all of that means in terms of are going to go under. all of my colleagues to support this addiction, what all of that means in And we can look at other countries— amendment. terms of the dangers with substance the United Kingdom, Ireland, Den- I yield the floor. abuse, this is a gateway drug. Members mark, and Finland—all of which have The PRESIDING OFFICER (Mr. AL- of the Senate are talking about doing added on taxes to reduce usage, none of LARD). The Senator from Massachu- something about substance abuse. You which has had a problem with this setts. have a chance to do it in an hour and Mr. KENNEDY. Mr. President, I want black market which we are supposed to a half by doing something about cur- to thank my friend and colleague from be faced with. tailing the use by our teenagers of Minnesota for his excellent presen- Mr. President, let me just simply say these cigarettes. This is a national again what my colleague Senator KEN- tation and his compelling arguments and for the persuasiveness of his argu- tragedy. We have an opportunity in an NEDY has said. The $1.10 tax that we hour and a half to do something about now have, the $1.10 increase in the ment. The fact of the matter is on this it. price—Senator MCCAIN deserves a tre- issue the American people are on our You can have the various questions mendous amount of credit for his lead- side. The question is going to be in the whether it really makes much of a dif- ership. But the fact of the matter is, if next hour and a half or 2 hours whether ference if we move ahead with an in- we had $1.10, we could decrease youth the Members of this body are going to crease in price or does it really make smoking by about 34 percent; that be on the side of the children of this very much difference in terms of the would be $1.10. If we went to $1.50, we Nation and on the side of the parents of young people of this country. Let’s could decrease youth smoking close to this Nation in taking the kind of im- take a look at what the record has 56 percent. portant steps that are recommended been from 1980 to the present time on I say to my colleagues, even if the virtually by every public health offi- the issues of price and the issues of evidence is somewhat ambiguous, even cial that has studied this issue over a teen smoking. if there are other studies suggesting long period of time. We have placed in We can have study after study after that this might not happen, at least to study, but, Mr. President, for those op- the RECORD the various studies and the this extent, what side do we want to various support material. posed to this amendment, I hope they err on? Do we want to err on the side The fact of the matter is, although would be able to refute what this chart of not jacking up the price and dra- there is some progress that will be demonstrates, and demonstrates very matically reducing the demand, espe- made under the proposal that is before convincingly. Here we have in the early cially among teenagers and young peo- the Senate, what will happen if there is 1980s and 1982, we have a sharp increase ple, and getting to a 60 percent reduc- no change at all, if there is no change in the costs, the real price of ciga- tion? Or do we want to err on the side at all, is that we obviously will not see rettes, and a sharp decline, consider- of not having the price high enough, any reduction in youth smoking. With able sharp decline in teenagers smok- combined with other smoking ces- the proposal that is before the U.S. ing. This is what Philip Morris said sation programs that we need to put in Senate now, we will see a 34-percent re- about that, and we are not talking effect, and continuing to see our chil- duction in youth smoking as a result of about an academic study. We are not dren addicted, continuing to see our the increase in the cost of cigarettes. talking about medical economists. We children take up smoking tobacco, and With the $1.50 increase, a 56 reduction. are not talking about Members of the continuing to see our children die at an The attorneys general established as a Congress and the Senate who just want early age? goal a 60-percent reduction. The Com- to see an decrease in smoking because Mr. President, let me conclude. Price merce Committee established as a goal we somehow think there might be some increases will not bankrupt the indus- a 60-percent reduction. Our particular reduction in teenagers smoking. try. Price increases will not create a proposal will go to 56 percent and with This is what the industry said in the black market. What price increases the kind of look-back provisions we Philip Morris memo from 1987 that was will do is save lives. Let me repeat that will obviously be able to achieve this in the Minnesota trial: ‘‘The 1982, 1983 one more time, because quite often goal. That is what this issue is about. round of price increases prevented what the tobacco industry has done We will have the opportunity, as the 500,000 from starting to smoke’’—that over the years—I think my State of Senator from Minnesota has stated, to is indicated in this line here—‘‘500,000 Minnesota has proven this through the save 750,000 American children from teenagers from starting to smoke. This documents that we have unearthed—is smoking, and we will have the oppor- means 420,000 of the nonstarters would what they do is what they know how to tunity to save some 250,000 to 300,000 have been Philip Morris smokers. We do best, which is they simply lie and lives of children. This is the most im- were hit hard. We don’t need that to distort the truth. portant public health issue. happen again.’’ So let me be clear about what this It is important for us to look at what ‘‘We don’t need that to happen amendment is about. Colleagues, the is happening to the young children of again.’’ May 20, 1998 CONGRESSIONAL RECORD — SENATE S5151 No wonder out in the waiting room, that is outlined by the history of this will die substantially earlier as a re- in the reception room, I can’t get in industry, and the things that have been sult. there because of the tobacco lobby- effective—not just studies, not just tes- Mr. President, I will make more com- ists—high-priced tobacco lobbyists. timony, not just surmise, but real ments later. Have no doubt about the They don’t want this to happen again. facts, Mr. President. Over that long pe- effect of the Ashcroft amendment, And it can happen. It can happen. It riod of time, we have the incontrovert- which would be simply to delay price can happen in an hour and a half from ible case that has been made here yes- increases and delay our ability to at- now if the Members of this body are terday, last night, and this morning, tack the issue of kids smoking, because going to put the public health first in again, that cannot be answered. We there will be added expenses passed on this debate on the issue that we have will hear answers like, oh, well, we will to the consumer as a result of these at hand. develop a smuggling industry; we can’t settlements. In case the Senator from Here the chart shows the increase in do this because we don’t know where Missouri missed it, Minnesota and the the price and the reaction as a result of the money is going to be expended; we tobacco companies just settled for dou- the statistic—the reduction in teenage can’t do this because we will have this ble what had been in the original set- smoking—and the tobacco industry ac- or that kind of a problem. tlement. Those costs will be passed on knowledging the relationship. So we There is an issue before the Senate: to the person who purchases a pack of have, as we went through the period of Can we do something with regard to cigarettes. Economics work that way. the 1980s, the increase in the real price, seeing a significant, dramatic reduc- Mr. President, I yield the floor. Mr. KERRY addressed the Chair. and we saw a rather significant in- tion in terms of teenage smoking? The crease in the real price going up during The PRESIDING OFFICER. The Sen- answer to that is, yes, by supporting ator from Massachusetts is recognized. this period of time, and we see the cor- our amendment that virtually every responding reduction in terms of the Mr. KERRY. Mr. President, I wanted public health official in this country to indicate to my friend from Arizona teenage smoking. Until when? Until supports—not only Dr. Koop, not only when? Until 1991. Then what happened that the Senator from Missouri indi- Dr. Kessler, but the Cancer Society, cates to me that he intends to speak to the real price? The real price went the Lung Society, and every public down and the real price went down on for a relative period of time. It was health group across the Nation, Repub- agreeable to him as a result of that to what they call Marlboro Friday, when lican and Democrat alike. That is the the Nation’s largest tobacco company, try to accommodate a couple of Mem- issue that we have. Now is the time to bers over here, unless they want to Philip Morris, fired the newest salvo make that judgment. We will have the which reversed the decade-long use in wait until afterwards. I am just trying opportunity to do that in a short pe- smoking. They slashed 40 cents off the to balance it. Could the Senator per- riod of time. brand of Marlboros, the most popular haps give us some indication of the Mr. President, I see others who want length of time, so we can try to pin brand among children. The strategy to address the Senate. I yield at this was designed to protect prices. If Philip this down? time. Mr. ASHCROFT. Mr. President, I Morris reduced prices by 50 percent in Mr. MCCAIN addressed the Chair. can’t give a specific time. I would be Massachusetts, and a month later, R.J. The PRESIDING OFFICER. The Sen- pleased to let a couple of your folks go Reynolds—the second largest tobacco ator from Arizona. ahead, and I will follow them if that company, which manufactures Cam- Mr. MCCAIN. Mr. President, although would be the understanding. els—had a corresponding reduction. we haven’t established an exact time Mr. MCCAIN. We have to go back and So we have the major tobacco compa- for the tabling motion, as I mentioned forth. nies going down, the major price going last night, we will try to do them Mr. KERRY. Mr. President, that is down. Look on this chart what has hap- sometime around 11 o’clock. But I do fine. pened in terms of youth smoking, esca- want the proponents and opponents of Mr. MCCAIN. He is going to talk lating, going up dramatically. Price de- these amendments to have ample time sooner or later. I am sorry he can’t de- cline, youth smoking increases; price to discuss and debate. I think we are termine how much time he is going to increase, youth smoking goes down. We working on an informal agreement talk. have seen that continue over a long pe- that we will go from side to side. I see Mr. KERRY. Fine, Mr. President. We riod of time. the Senator from Missouri here. If it is will try to stick with that. We could say what happened in here agreeable, I would like for him to have f over the period for the last year or two, we have seen little blips going up, 10 recognition next. I will just comment A NEW GRANDCHILD FOR cents, to cover the costs of various set- briefly, if I could. SENATOR LAUTENBERG If the Ashcroft amendment is agreed tlements they have had, an increase of to, smokers won’t be relieved of any Mr. KENNEDY. Mr. President, a new 35 percent. It would not really reflect price increase in this bill. Quite the grandchild for our good friend and col- on this chart. contrary. If the amendment prevails, league from New Jersey was born early Now what we have seen in here is $5 this morning. That is joyous and good billion in tobacco industry advertising, the States, at an enormous time and expense, will resume their suits, as we news. In the midst of this tumultuous an explosion in advertising. It makes debate, we can all join in wishing him our case, Mr. President. all know. There have been four settle- ments already, and 36 other States are congratulations. It makes our case for the proposal Mr. LAUTENBERG. My daughter in line. As we know from the other four that we have at hand. Increase the cost called at 8:30 saying that she had the States, they will prevail. There were and the price of cigarettes, do it in a baby at home at 5:30. significant time with a shock treat- four suits, four settlements. Minnesota Thank you very much for the kind ment of 3 years. The way that we saw is receiving twice—double—what they words. it this time, it is going to have a dra- would have received as a result of the f matic impact on young people. In- June 20 agreement between the attor- crease the antitobacco advertising, neys general in the industry. NATIONAL TOBACCO POLICY AND which is in this bill; develop the ces- So let’s not have any mistake. This YOUTH SMOKING REDUCTION ACT sation programs, which are in this bill; amendment won’t eliminate an in- The Senate continued with the con- strengthen the look-back provisions, crease in cigarette prices, because sideration of the bill. which are in this bill; do the kind of when the tobacco companies agree to Mr. KERRY. With that appropriate prohibition on advertising that is in pay the State of Minnesota a certain announcement, and the joy that it this bill, and you have the combination amount of money, they increase the brings, we will yield to the Senator of elements that will work to bring a price for a pack of cigarettes in order from Missouri and take our licks. significant reduction in teenage smok- to be able to make a settlement. That The PRESIDING OFFICER. The Sen- ing—a significant reduction in teenage is how it computes. Make no mistake, ator from Missouri is recognized. smoking. its passage will delay getting about the AMENDMENT NO. 2427 Mr. President, we must have learned business at hand, and 3,000 kids a day Mr. ASHCROFT. Mr. President, I rise from the past. We have a pathway here will begin to smoke and a thousand today to discuss the tobacco bill. While S5152 CONGRESSIONAL RECORD — SENATE May 20, 1998 I will begin my remarks discussing my A lot of communities are making government programs funding, sort of, pending amendment to strike all of the possession of tobacco products illegal directed for the next 25 years to take consumer taxes out of the bill, I also for teens. This bill doesn’t do that. decisionmaking away from future Con- wish to address the large expansion of This bill says it is all right for teens to gresses of the United States, designed Government in the pending legislation. have tobacco. This bill basically says it to lock things in; creates a huge Gov- I will discuss the inevitable black mar- is all right for teens to smoke. This bill ernment regulatory scheme the likes of ket that will result from the policies in just says it is wrong to sell it to them which we have not seen since the Clin- this bill. I will also address the failure and it is wrong to advertise it. But it ton proposal to nationalize the health of this administration to focus its pri- doesn’t really do anything about the care system. orities and resources on teen drug use. possession of tobacco. Here you have a situation. You say Mr. President, along with my col- Although Congress has the authority, you are against teen smoking. You leagues, I am truly concerned about we do not make it illegal for minors to don’t even bother to outlaw possession teen smoking. However, I do not be- possess or use tobacco even where we of teen tobacco for teens even in places lieve that is the focus of this legisla- control the local situation. We make like the District of Columbia where tion. Teen smoking is not the central the laws. We are the city government you have the authority to do so. You thrust of what is happening here. in some respects for the District of Co- do not do what lots of towns are doing This is a massive, massive tax in- lumbia. It would be possible for us to around the United States of America in crease on low-income Americans. In- say, at least where we have authority an effective program. You raise $868 stead of helping children, it is very on military bases, or the District of Co- billion worth of taxes, mostly on poor likely to end up hurting children and lumbia, that we could have laws people, on people who can ill afford to hurting families. I think it is impor- against teen smoking and against the pay it. You raise taxes on 98 percent of tant that we carefully review the con- possession of tobacco. But we don’t the smokers, who are the adults, in an tent of this legislation with that in have that in this bill. We only have effort to try to curtail smoking on 2 mind. Thirty-nine percent of high rules regarding the point of sale. school students in Missouri reported percent of the smokers, the young peo- Whether one store or another can sell smoking during the past 30 days. This ple. it, and whether or not they can be on We create this huge Government reg- is a terrible statistic to have to cite. ulatory scheme which will have the However, communities in the State are top of the counter or under the Federal Government virtually in every looking for ways to reduce smoking in counter, or whether or not the brand my State and it is working. It is work- name can be visible, or things like store, supermarket, or convenience ing without destroying the capacity of that, even then we only make the re- store telling them how to run their low-income families to provide for tailers responsible for the transaction. business. This designs a system that their children. It is working without There is no disincentive for teenagers will undoubtedly create a black mar- destroying the capacity of low-income to try to possess and acquire and ket in tobacco sales, a black market families to be independent. It is work- smoke cigarettes. There is not any in that will make Prohibition look like a ing without an $800, or $900, or $1,000, or this bill. This is designed as if teen- very peaceful time in our country’s his- $1,600 tax increase on those low-income agers are totally expected to be irre- tory. Cigarette smuggling will become families. Three packs a day for a fam- sponsible. First of all, the decision is, very, very lucrative. Some people ily at $1.50 a pack takes you to about they can’t make good decisions; and, think that smuggling doesn’t exist in $1,600 a year. second, we don’t ask them to make any the United States now. There is a big If we can find a way to reduce the im- good decisions. We don’t even ask them problem in cigarette smuggling cur- pact of teen smoking without taking to refrain from smoking in this bill. rently, but it is just the tip of the ice- $1,600 a year out of the budgets of these We create a massive tax increase on berg, which will become apparent if we poor families, that will be $1,600 a year 98 percent of smokers to try to discour- continue on this plan to impose $1.50 a that could be spent for education, age 2 percent of all retail sales. What pack in terms of the cigarette tax on $1,600 a year these families will be able do I mean by that? Two percent of all the working poor of America. to retain and spend for better health retail sales in smoking go to teenagers; I happen to be a father of three chil- care, or it will be $1,600 a year these 98 percent go to adults. So we are rais- dren. I was delighted to hear the good families can spend for food and cloth- ing the taxes on 98 percent in order to news of the Senator from New Jersey. ing. try to create a disincentive for the 2 I happen to have some good news in my For example, I come from a town percent. own family. These are the pictures of called Springfield, MO. It is my home- Unfortunately, I don’t think we have my grandson who was born just 8 weeks town. My family moved there when I done a very good job, because we don’t ago. I didn’t really plan this to be a was a very young lad. In stepping up its even seek to make illegal the posses- part of any presentation. But the Sen- enforcement of local ordinances pro- sion on the part of the 2 percent. If, in ator from New Jersey should have pic- hibiting the sale of tobacco products to fact, we don’t want teenagers smoking, tures shortly. teens, they are enacting constitutional why do we fail to say something about Mr. LAUTENBERG. Would the Sen- limitations on advertising. Parents, their possession of tobacco? Why do we ator like to give me a chance to show teachers, and community leaders are fail to say anything about their smok- mine? working together to fight the problem. ing? It seems to me that we are miss- Mr. ASHCROFT. Yes. I yield, with They think they can do it, if they work ing the boat in a significant way if we the opportunity to regain the floor at together. I believe they can do it. They don’t say something about the smok- the end of his display. can do it without ruining finances and ing. Mr. LAUTENBERG. I wish the Sen- the opportunity that low-income fami- For a long time now, we have had a ator the same good fortune, I say to lies ought to have to provide for them- responsibility imposed on the tobacco my colleague. I thank him. selves. The tobacco industry knows companies, and appropriately so, to Mr. ASHCROFT. I thank the Senator. they can do it. As one tobacco execu- label cigarettes and to tell people the But I don’t want my children to tive stated, they can’t win fighting truth about cigarettes on the package. smoke. I hope that they have never teen smoking rules on the State and As a matter of fact, you can’t even smoked. I don’t know that they have local level. The tobacco industry have a billboard about cigarettes with- ever smoked. I hope my grandson never knows there are going to be rules out saying on the billboard something smokes. However, what I want more for there, and they can be there, and there that is true about cigarettes. There them is that we have a Government can be effective rules. ought to be said something through that serves the needs of the American If this tobacco bill contained the so- this legislation. We need truth in label- people rather than a Government that lutions to the problems that are being ing on this legislation. There is a big serves its own needs. I suspect that this enacted in communities today, I don’t truth-in-labeling problem here. bill, unfortunately, is a bill which think I could be here to argue nearly as This is an $868 billion—that is not tends to address the needs of Govern- effectively that this bill is not focused million, that is billion—tax increase. It ment, the perceived needs of the bu- on teen smoking. creates Government programs; after- reaucracy, as much as it tends to do May 20, 1998 CONGRESSIONAL RECORD — SENATE S5153 anything that is beneficial, and cer- is to be given to the Government. And $755 billion that I am seeking to delete tainly the kinds of impacts on Amer- the Government is to spend the money. in this amendment. It is illegal, ac- ican families in terms of increased But we refuse to call them taxes. cording to the bill, to have the tobacco taxes on these hard-working individ- Now, whenever the price of some- companies pay any of this money. This uals of low income would more than thing is increased with the require- money is to be paid by consumers. outweigh the benefit. ment that the money be given to the Also, my amendment strikes the an- I have sought to amend this with a Government and that the Congress nual payments required by this legisla- simple amendment. My amendment then decide how the money is spent, tion. Again, this bill actually requires would strip this legislation of the pro- that looks an awful lot like a tax. That the tobacco industry to pass along this visions which impose $755 billion in is the definition of a tax. Our failure to cost to consumers. Remember, these new taxes on the American people. call it a tax in the bill doesn’t mean are not the real penalties on tobacco More precisely, my amendment strikes that it is not a tax. It just means that companies. These are taxes levied on the upfront payment in the bill and the it is a tax that we will not admit is a the users of tobacco products. Under consequential outcome of that which tax. this amendment, tobacco companies would result in that kind of commit- They say if it walks like a duck and would still pay hefty penalties if teen- ment by the American people of $755 squawks like a duck, if it quacks like a age smoking targets are not met. billion. duck and acts like a duck, it is prob- So my amendment does not save the Those who support this bill would ably a duck. Well, this is a higher price tobacco companies from paying pen- like for the American people to believe that is charged for these cigarettes. It alties if the teenage smoking targets that it is a tough tobacco bill. But is collected from the people. It gets are not met. The incentives for the to- what the American people are begin- transmitted to the Government and bacco companies to avoid teenage ning to find out is that this bill, while the Government spends it on Govern- smoking are left in this bill, and there it is tough, is going to be tough on the ment programs. Now, I think that is a serious penalty in the bill that would require that the payments be American people. walks like a duck and squawks like a Mr. President, it is my understanding duck. I think it acts like a duck and made by tobacco companies if we do not reduce teen smoking. That is left that there are Members who need an quacks like a duck. I think it is a duck alone. What I take out of the bill is the opportunity to speak. I would be happy or it is a tax, if you want to use that $755 billion in taxes on consumers. to yield the floor on the condition that word. A lot of people wonder why, if the to- And here is the provision from the I would be given the floor at the con- bacco companies are the bad folks, as bill itself. I guess it is section 404—I clusion of this time to speak. the subject of this bill, that instead of need to be corrected on that—instead Mr. MCCAIN. I object. taxing the tobacco companies, we are The PRESIDING OFFICER. The Sen- of section 405. Frankly, we haven’t had taxing consumers. Well, they ought to this bill in its final form long enough ator from Missouri has the floor. wonder about that. Basically, what we Mr. ASHCROFT. Mr. President, what to examine it. This is another one of do is we leave the requirement that the American people are beginning to these bills that comes to the floor of teen smoking be reduced, we leave the find out is that tobacco companies the Senate before the Congressional penalties if you do not reduce teen won’t bear the cost of this payment. Budget Office has had a chance to score smoking on the tobacco companies. I regret my inability to cooperate it, before anybody has a chance to read But we stop the tax that will take $800, with other Members of the Senate, but it. We throw it on the desk and we say $1,000, $1,600 from three-pack-a-day an objection has been heard. I will con- we are starting to debate it. Little families, $1,600 a year out of their tinue with my remarks, but I hope to wonder we have some of these numbers budgets, out of their take-home budg- be able to accommodate my colleagues. wrong. ets. Mr. President, what the American Section 404 says, ‘‘Payments to be So our approach is not to say that people are beginning to find out is that passed through to consumers.’’ So all the tobacco companies should not be tobacco companies won’t bear the cost the big, heavy penalties in this bill, responsible for reducing teen smoking. of the payments, that consumers will. they are not to be borne by the tobacco Tobacco companies were responsible This bill requires that the consumers companies. These are to be borne by for promoting it. This amendment does pay the price. A lot of people are dis- consumers. Consumers are going to pay not say they are not responsible for re- tressed. A lot of people have come to for this. And, obviously, that is some- ducing it. This amendment says the to- the conclusion that big tobacco is not thing. So that the bill doesn’t just bacco companies will be responsible for worthy of being favored. Frankly, allow tobacco companies to recoup reducing it, and if these tobacco com- there are a lot of things in this bill their costs, it requires that they not panies do not get it reduced, they, as a that big tobacco favors. impair their profits, that they not oth- matter of fact, are going to be in seri- As a matter of fact, they helped write erwise find ways to keep the consumers ous trouble. They are going to have to this bill. It has gotten a little bit be- from paying this very massive tax, a pay very significant penalties. But I do yond their desire in terms of a number regressive tax that hits the poor people not believe we should say that the of the requirements, but many of the of America the most. It requires that American people are the ones who components of this bill are there be- these taxes be paid by consumers. The should be penalized for the conduct of cause big tobacco put them there, only way this bill is going to have a the tobacco companies. things that would limit the liability of major dent in the way tobacco is con- Frankly, that is what this bill does. tobacco companies and the like. But sumed is that the Federal Government There is a lot of evidence in this case, this bill, in terms of its taxes, is big gets paid big, big bucks. in this situation about tobacco compa- money. This bill requires that the As I indicated earlier, many local nies and about their conscious desire to taxes be passed on to consumers in the communities—State, city and county focus their advertising on teen smokers form of higher prices. governments—are providing ways to and potential teen smokers, and there There has been some discussion reduce teen smoking. They want to do is a big presumption that if people about whether these are really taxes or it by outlawing the possession of to- didn’t start when they were teens, they not, because they are not called taxes bacco by young people so that smoking wouldn’t start later. It might be that in the bill. That is another aspect by young people would be considered il- those people would start later on. You about the truth in labeling that ought legal. This bill doesn’t do that. This know, you can’t automatically assume to exist here. We have required it of to- bill taxes the 98 percent of the adult that if someone starts when he is 14, if bacco companies. We ought to require smokers at an incredibly high rate, you don’t let him start when he is 14, it of the Congress. These are charges along with the 2 percent of teen smok- that he would not start later when he which are authorized. They are author- ers, and really impairs the ability of was 18, 19 or 20. Everybody starts driv- ized in the bill. They are basically re- families to make ends meet. It actually ing a car at the age of 16. That doesn’t quired in the bill. But they are re- penalizes the companies if they do not mean, if you move the age up to 20, quired to be collected as part of the pass these costs on. So no company, no that nobody would start driving a car price of cigarettes, and then the money tobacco company is to pay any of this later on. S5154 CONGRESSIONAL RECORD — SENATE May 20, 1998 There is a presumption in all this able to exchange the money not used to Mr. ASHCROFT. Yes. data that somehow if they didn’t start buy cigarettes, if they were able to Mr. HATCH. They say that when you when they were younger, they wouldn’t close out on the smoking addiction, to extrapolate out the $1.10 price of the start later. These same people who be used for other things; is that not Commerce Committee bill—or the start young while it is legal now may true? managers’ amendment as I think we start older when it is legal later if we Mr. ASHCROFT. If the Senator is should call it—the actual price tag were to do something like this. I don’t making the point that these people will could range as high as $868 billion, be- think that presumption follows. not be buying cigarettes and therefore cause the $1.10 number is based solely But Americans already are burdened would not be paying this tax, that is on the manufacturers’ level and does with taxes that are inordinately high. contrary to what this bill assumes. not count the wholesale or retail mark- Americans today are working longer This bill assumes this income. And in ups or any other factors which could and harder than ever before to pay order to assume this income, you have lead to price increases, such as state their taxes. How many families are to presuppose that people will not stop excise taxes? there with both parents in the work- buying cigarettes. Mr. ASHCROFT. I think this is more place, working day, working night, try- You cannot get $868 billion over the conservative. If you were to go beyond ing to make ends meet, trying to have next 25 years if people stop buying the $1.50—— food and clothing for their children? cigarettes. The first presumption of Mr. HATCH. I am saying the $1.50 And they are already paying incredibly this bill—there are several presump- would be even higher, wouldn’t it? high taxes. We are now paying the tions—is that people are addicted. That That is what I am asking. highest taxes overall in the history of is one of the evils we are supposed to be Mr. ASHCROFT. Yes. That’s exactly this country. And surprisingly addressing. But after we presume they right. enough—I suppose that it is not all are addicted, we take advantage of the Mr. HATCH. The $1.50 number is cer- that great a surprise—we have got addiction by imposing a tax on the ad- tain to be even higher? taxes to the point where the Federal dicted. And then we spend the money Mr. ASHCROFT. We have under- budget is in surplus. The Congressional we receive from the tax. If they are stated the burden here. Budget Office indicates that the sur- going to quit smoking because the Mr. HATCH. Could I also ask my plus will be between $43 billion and $63 price goes up, then we are not going to friend another question? Those who are billion. I think that when we have a get the money. You can’t have both the arguing for a $1.50 price increase are surplus, we ought to be debating how ‘‘quit’’ and the ‘‘money.’’ If people quit saying there will be no black market, we reduce taxes on people, how we smoking, they won’t pay the tax, and that there will be no smuggling any make it easier for them and their fami- we have $868 billion in this bill that we consequence. Is it not true that after are presuming people are going to go lies, how we somehow make it possible California raised its excise tax in 1988, ahead and pay. That is the money I am for them to meet the needs of their today they are finding that one out of talking about, the $868 billion that is families instead—not how to siphon five packs of cigarettes are contraband coming out of the budgets of families. more money out of the pockets of today. Is that not true? What is stunning to me is that 59.4 Mr. ASHCROFT. I have to look at my working Americans. percent of this tax increase, 59.4 per- Mr. LAUTENBERG. Will the Senator own experience as Governor. We even cent of it comes from people who make yield for a question? had problems with smuggling from less than $30,000 a year. 60 percent of Mr. ASHCROFT. I will yield for a neighboring States that had low to- the $800 billion—about $500 billion—is question with the understanding that I bacco taxes. Contraband is already a coming out of the pockets of people do not lose my right to the floor. big problem in tobacco. who make less than $30,000 a year. We The PRESIDING OFFICER (Mr. Mr. HATCH. Let me just show you take that out of their pockets. We BROWNBACK). The Senator has a right this chart in connection with my next can’t spend it here if they don’t send it to yield for a question without losing question. It is one thing to talk about here. So this whole bill is predicated on the floor. Norway, Denmark and the United them sending it here. And when they Mr. LAUTENBERG. The Senator Kingdom as some have in this body. It send it here and we spend it, that makes a statement that if this fee was is entirely another thing to talk about means they can’t spend it. the United States of America where not paid, it would enable the family to What do we spend it on? We spend it most of the big tobacco companies ac- spend—I think the figure used was on 17 new boards and commissions, or— tually reside and exist. $1,600 on food and clothing. The Sen- I guess there is an amendment now This chart shows U.S. cigarette im- ator said that earlier. And if the addict which says these are no longer to be ports from Canada, 1984 through 1996. is using the money to buy cigarettes, identified as boards and commissions. You notice it was relatively level here that certainly doesn’t free up any addi- So we have gone from the lack of ac- up until 1990, when Canada suddenly in- tional spending power unless the Sen- countability of boards and commis- creased their excise taxes dramati- ator sees another way to do it. I am not sions, to the anonymity of stealth com- cally. Then, all of a sudden we have im- quite sure I understand where the Sen- missions and boards that will be ports from Canada going up dramati- ator goes with that. tucked away in agencies. All the spend- cally. There were U.S. cigarette im- Mr. ASHCROFT. I am not quite sure ing will still take place, but it will be ports from Canada in 1984, imports I understand the question. Are you say- done without as many labels. ing that they will use the money to We are talking about a massive tax which then went back into Canada and buy additional cigarettes? If you want increase of $868 billion. That is what is sold as contraband at a lower price. Is to restate the question, I will be happy going to happen. That is what is pro- the Senator aware of that? to have you do so. I do not want to lose jected. You don’t get the money from Mr. ASHCROFT. I am aware of that. the floor by having a restatement of the people at the same time they keep I think we invite a disaster in terms of the question. the money. This money can only be in black marketing and in all kinds of The PRESIDING OFFICER. The Sen- one place. legal violations. We are going to be in- ator does not lose the floor by yielding Mr. HATCH. Will the Senator yield troducing young people to illegal ways for a question. for a question without losing his right of transacting business on the black Mr. LAUTENBERG. The Senator be- to the floor? market. We are going to be introducing fore said that $1,600 a year that the per- Mr. ASHCROFT. I would. young people to segments of society son would pay in additional taxes Mr. HATCH. The $868 billion is one of they should not be associating with. would prevent them from having the the estimates, is it not—— Mr. HATCH. The Senator serves on ability to spend it on food and cloth- Mr. ASHCROFT. Yes, it is. the Senate Judiciary Committee with ing, et cetera. Mr. HATCH. Of Wall Street analysts me, and I believe is fully aware of the But, eventually, over a period of time who have thoroughly developed to- hearings, where we discussed the fact that would be a cost which does not bacco models, economic models, and that four major law enforcement orga- exist altogether for a million teen- have spent literally years developing nizations representing hundreds of agers, and they would, therefore, be these models? thousands of policemen in this country May 20, 1998 CONGRESSIONAL RECORD — SENATE S5155 said that if we go to $1.10, which we be- teenage smoking by raising tobacco percent were concerned about their lieve could extrapolate as high as $800 taxes. The question about the impact teenager drinking alcohol, 7 percent billion, that we would have a dramatic of higher taxes on teenage smoking were concerned about their teenager increase in contraband which would was posed today in USA Today. When having sex, 7 percent were concerned spawn all sorts of violence? Americans were asked, ‘‘Do you believe about their teenager driving reck- Mr. ASHCROFT. I am. higher cigarette taxes will reduce teen lessly, and 3 percent were concerned Mr. HATCH. The Senator is aware of smoking?’’ 70 percent said no and 29.9 about smoking. So if we create a black these compelling arguments from law percent said yes? Is the Senator aware market by increasing tobacco taxes, we enforcement? of that? could easily be taking a step that con- Mr. ASHCROFT. I am aware of that. Mr. ASHCROFT. I was not aware of verts an issue that concerns 3 percent Mr. GRAMM. Will the Senator yield that, but I am happy to have the Sen- of American families into an issue that on this point? ator point it out. concerns 39 percent of American fami- Mr. ASHCROFT. I would be happy to Mr. GRAMM. The point I want to lies, that is their teenager using illegal yield for a question. make is this: The administration has drugs. Mr. GRAMM. I want to pose a ques- used the Canadian experience as proof Mr. ASHCROFT. I am aware of that. tion related to what the Senator from of the effectiveness of raising taxes on I think the American people have a Utah has said. The Canadian experi- teen smoking. Canada raised taxes dra- pretty clear understanding of what the ence, as the Senator is probably aware, matically on cigarettes and then later most serious long-term threats are, is critically important because many decided to cut taxes. Is the Senator and they rank those appropriately. I economists and others who study this aware that the Health Minister in Can- think it would be a tragedy if we were data claim that the numbers asserting ada, Diane Marleau, has said that the to, out of good intentions, do some- a 10-percent increase in prices results Government’s decision to cut taxes in thing which resulted in a black market in a 6-percent decrease in consumption Canada would actually reduce con- and promoted drug use and smoking on are false. In fact, if these numbers real- sumption among teenagers because it the part of teenagers rather than cur- ly held true, we could increase prices would ‘‘end the smuggling trade and tailing both of those. by 200 percent and eliminate all smok- force children to rely on regular stores Mr. GRAMM. I will ask one final set ing in the country. Everyone knows for cigarettes where they are forbidden of questions, and then I will yield the that is a nonsensical result. to buy them until they turn 19?’’ floor. Is the Senator aware that, when chal- Mr. ASHCROFT. I am aware of that, As the Senator said, 34 percent of the lenged on this point, the administra- and I think it is a very important cost of this tax will be paid by families tion has used the Canadian experience point. earning less than $15,000 a year, 13.1 as proof of the success of raising taxes? Mr. GRAMM. Is the Senator aware percent will be paid by families earning When challenged on the assertion that that in Illinois, Massachusetts, Hawaii, between $15,000 and $22,000 a year, and there is clear and convincing evidence and Nebraska teenage smoking has in- 12 percent will be paid by families of a dramatic decline in smoking and creased as cigarette taxes have risen? earning between $22,000 and $30,000 a teenage smoking as a result of tax in- Mr. ASHCROFT. I am aware of that, year. The Joint Tax Committee estimates creases, administration spokesman and and I think it reinforces the point that that an individual making less than Treasury Department official, Jona- the Canadian Health Minister was $10,000 a year would see a 41.2 percent than Gruber pointed to the Canadian making, that there are times when an increase in their Federal tax burden as experience. I would like to read from increase in the price increases the in- a result of this tax increase. The new- an editorial by Nick Brookes printed in terest of youngsters in smoking. Mr. GRAMM. Is the Senator con- est numbers I have seen indicate that today’s Washington Post. Mr. Brookes an individual who smokes could see cerned that that we could get into a is talking about the Canadian experi- their Federal tax burden rise by $356 as position of having an active black mar- ence and quotes the health minister of a result of this tax. A couple where ket, as is true now in many countries Canada. Basically, as the Senator from both husband and wife smoke would see in northern Europe, in Canada, and in Utah pointed out, the Canadians had their tax burden rise $712 a year as a many of our own States with high to- such a disastrous experience with black result of this tax. markets and smuggling that it actu- bacco taxes? If we end up spawning a Here is my question: Considering the ally drove the effective cost to teen- black market so that cigarettes are concern the Senator from Utah has agers of cigarettes down, not up. purchased by teenagers and by adults about black markets, what will the Mr. HATCH. If the Senator will illegally, does the Senator share my price of a pack of cigarettes be under yield—— concern that we could get into a situa- this bill? Mr. ASHCROFT. I reclaim the floor. tion where the black marketing of It is my understanding that today, Mr. GRAMM. Let me finish my ques- cigarettes could become an entre to in- depending on which State you live in, tion. ducing people to take a step beyond the price is roughly $2 a pack. The un- The PRESIDING OFFICER. The Sen- cigarettes to drugs? derlying bill has a $1.10 tax per pack in- ator from Missouri has the floor. Mr. ASHCROFT. If cigarettes sold il- crease, and a series of other provisions Mr. GRAMM. Let me finish my ques- legally become commonplace, it might that will drive up the cost, including, tion and then the Senator from Utah well be that people will have greater the look-back penalty, some estimate will have the opportunity to ask one. access to an array of contraband it could be as high as 44 cents per pack; Mr. HATCH. I will be happy to do items—‘‘Here, you can either buy ciga- the liability cost, 50 cents per pack; the that. rettes from me, or you can buy mari- licensing fee, 14 cents per pack; and the Mr. MCCAIN. We need to have the juana from me, or you can buy drugs decline in volume could be as much as regular order here in the Senate. Ev- from me.’’ I am aware of that poten- 48 cents per pack. erybody has a right to speak, but we tial. I answer the question of the Sen- I do not know how to assess these ought to have a regular order, par- ator from Texas by saying I am not numbers. I certainly do not claim to be liamentary routine here. only aware of it, but I am deeply con- an expert on them. Does the Senator The PRESIDING OFFICER. The Sen- cerned about it because drugs are a se- have any idea, what the price of a pack ator from Missouri has the floor and he rious threat. They, in many respects, of cigarettes will be under the McCain has the right to yield for a question. are far more serious than the threat of bill and how much a pack of cigarettes Mr. GRAMM. Will the Senator yield? cigarettes. will be if this new amendment, raising Mr. ASHCROFT. I will be happy to Mr. GRAMM. Is the Senator aware the cost $1.50 per pack, is adopted? yield to the Senator from Texas for a that in a poll taken last week, Amer- It is a critical question. If we know question. ican families were asked what concerns the cost will be $5 a pack, for example, Mr. GRAMM. Returning to the point they have about what their teenager is we can look at the experience of Eu- on which I would like to base the ques- doing? Thirty-nine percent were con- rope where they have similar taxes. We tion. The administration assets that cerned about illegal drugs, 16 percent could look at their black market struc- there will be a dramatic impact on were concerned about joining a gang, 9 ture, look at the amount of illegal S5156 CONGRESSIONAL RECORD — SENATE May 20, 1998 transactions occurring, and begin to points that were brought out in the Ju- sure and status. Many experts agree see what the impact of this will be. But diciary Committee’s hearings. that status smoking, like $150 tennis nowhere have I seen any bottom-line Keep in mind, when the Treasury De- shoes, is far less price sensitive. Even a figure on what the price of a pack of partment testified before the Judiciary $1.50 price increase will fail in head-to- cigarettes will be as a result of the un- Committee, I sent a letter to Secretary head competition with ads like this in derlying bill and the amendment that Rubin beforehand asking for the eco- Sports Illustrated for Camel. Here is an the Senator is trying to kill through nomic model they had used to justify attractive model smoking a cigarette— his amendment. their forecast. All they brought was a ‘‘What you’re looking for’’ the adver- Does the Senator have any data on five-line chart—no model, no backup tisement says. that? justification, no real economic analy- The fact of the matter is that many Mr. ASHCROFT. There is some data sis. members of the scientific and medical on that. Some analysts have predicted We had three of the top Wall Street communities do not see as essential a that the price per pack would be much analysts come in and provide us with price increase of up $1.50. more than the $1.10 increase by the very highly thought-through analysis Is the Senator aware that after fol- time you work it through the system. showing that the price of cigarettes per lowing 13,000 kids for 4 years, Dr. Phil- They have estimated that the increase pack could go up somewhere between ip DeCicca of Cornell University, in a will be $2.78 a pack. $4.68, $4.78 and $5.00 or thereabouts. National Cancer Institute funded Mr. GRAMM. So that would mean And that is on the basis of the Treas- study—a National Cancer Institute roughly $4 a pack, depending on what ury’s projected $1.10 increase, not the funded study, a public health study, if State you are in? $1.50 figure we are debating today. you will—found ‘‘Little evidence that Mr. ASHCROFT. I think the price Now, my friend and colleague, Sen- taxes reduce smoking onset between these analysts have indicated is $4.68. ator KENNEDY, has made a passionate 8th and 12th grade’’? Are you aware of You first tack on the $1.10 tax. Then plea here for $1.50. That would mean at that? you add all the other costs in this bill a minimum an additional 40 cents more Mr. ASHCROFT. I am. that will most likely be passed on to on each pack of cigarettes, although it Mr. HATCH. Dr. DeCicca’s analysis is consumers. Then the look-back pen- will probably be higher. That is at the even more compelling when you look alties capped at $3 billion a year have manufacturer’s level. That does not at our principal target, those kids who to be added. The liability of $8 billion a count all the extrapolated things the never smoked. He found that the effect year capped has to be added. In the distinguished Senator from Missouri of price on the probability of starting analysis, it was assumed only 20 per- has talked about. to smoke by grade 12 was essentially cent of this will have to be paid out Is that right? zero, zip, zero; that price did not influ- every year. However, due to changes in Mr. ASHCROFT. That is correct. ence them. Children were going to use the bill, and no doubt on behalf of the Mr. HATCH. The Senator from Mas- tobacco products anyway because of trial lawyers, I think 100 percent of the sachusetts has suggested that the bill peer pressure and status. It had no ef- $8 billion will be paid out every year. increase each pack of cigarettes by fect. It is clear to me that you have a very $1.50 instead of $1.10. Is the Senator aware of that? Of course, everybody knows that the Mr. ASHCROFT. I am aware. serious price increase. And the sugges- Mr. HATCH. This study is crucial be- distinguished Senator from Massachu- tion that it is $1.10 or $1.50 is very, very cause it is perhaps the only scientific setts and I share a common goal of re- conservative. The truth of the matter study tracking the smoking behaviors ducing youth smoking, as evidenced by is it is likely to be 2 to 3 times that of the same kids over a period of time. the Hatch-Kennedy bill which was en- much. All other studies have relied on a cross- Mr. CONRAD. Will the Senator yield acted last year. That bill added an ex- sectional analysis of unlike commu- on that point? cise tax to reduce youth smoking and nities. Mr. GRAMM. Will the Senator con- to help with child health insurance. Now, is the Senator aware that just a But is the Senator aware that there tinue to yield? few days ago the Congressional Re- Mr. ASHCROFT. I continue to yield is no proof that raising the price by search Service released its updated re- for a question. $1.50 per pack would reduce youth port, ‘‘The Proposed Tobacco Settle- Mr. GRAMM. No one knows exactly smoking by 60 percent as has been al- ment Effects on Prices, Smoking Be- the impact of this tax increase. One of leged? Are you aware of that? havior and Income Distribution,’’ the things we need to know, in order to Mr. ASHCROFT. There isn’t any where they carefully reviewed the sci- estimate the impact of the bill on proof. entific literature on the effects of price things like a black market, is what Mr. HATCH. Not any? on youth usage? would be the price of a pack of ciga- Mr. ASHCROFT. It is a vast pre- Now, let me just quote from that re- rettes. I assume the Senator is aware sumption, and it is a dangerous pre- port. And I want to ask the Senator if that one-half of all cigarettes con- sumption. he is aware of this? sumed in Great Britain are purchased Mr. HATCH. Is the Senator aware The findings in these studies cast on the black market. When you reach there is domestic and international doubt on the large participation elas- the threshold of promoting illegal ac- evidence that such a price increase will ticities that were initially assumed in tivity, you end up not getting the reve- worsen problems for law enforcement formulating policies to reduce teen nues and dramatically lowering the officers and lower-income taxpayers? smoking. price of the product. By adopting this Now our colleague from Massachu- Perhaps this is true because while amendment we could actually lower setts showed a chart of Canadian ciga- 36.5 percent of youth have smoked in the effective price to teenagers of to- rette prices and youth smoking over the past month, only 14.3 percent of bacco products by creating a black time. Let me point out that chart also youth smoked more than 10 cigarettes market that would come from the in- demonstrates how youth smoking is each day. Experts believe addicted per- crease in price. not predicted by price. sons are less responsive to price. Is the Senator concerned about that? Between 1979 and 1981, Canadian Now, let us not fool ourselves. Kids Mr. ASHCROFT. I am concerned prices were static, but youth smoking are different from adults and often un- about that. decreased by 10 percent. Is the Senator predictable. Mr. HATCH. Would the Senator con- aware of that? Is the Senator aware of those facts? tinue to yield to me? Mr. ASHCROFT. I am pleased to be Mr. ASHCROFT. I certainly am. And Mr. ASHCROFT. I yield to the Sen- aware of it. I think the nature of the questioning of ator from Utah for a question. Mr. HATCH. All right. Our colleague the Senator is very helpful in develop- Mr. HATCH. I have a series of ques- from Massachusetts also suggested we ing for us all an understanding of the tions I want to ask. I did enjoy and ap- can use the Canadian experience to pre- real impact of price in terms of teen preciate the questions asked by the dis- dict American youth behavior. If true, smoking. I welcome his questions. tinguished Senator from Texas, be- then American and Canadian youths Mr. HATCH. I believe the Senator cause he raised a lot of very important smoke for the same reasons—peer pres- will remember, if he will, that Dr. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5157 Frank Chaloupka, who testified before chusetts and the Senator from North this projection to a $1.50 increase, we the Judiciary Committee, has written: Dakota, respectively. would have to expect that literally all ‘‘Youth and young adults have been Mr. CONRAD. Will the Senator yield? youth smoking would cease? That found to be less responsive to price Mr. HATCH. If I could finish my would be news to those many countries than older groups.’’ questions to the person who has access with cigarette prices which are more Is the Senator aware of that? to the floor. than $1.50 higher than in the United Mr. ASHCROFT. I am aware of that. And we have heard more today along States. I was grateful for his important con- those lines. Mr. ASHCROFT. I am aware of that. tribution. Now, we will hear about the Surgeon I think it is a point well made. Mr. HATCH. Our colleague from Mas- Generals’ reports, about the Institute Mr. HATCH. I ask the Senator if he is sachusetts showed a chart entitled, Of Medicine report, about the aware of this? First, I believe both in- ‘‘Cigarette Prices and Daily Cigarette Chaloupka study. Is the Senator aware tuitively as a parent and grandparent Smoking Among Canadians Age 15 of the widely-cited findings that for many times over, and from examining through 19’’ which he suggested con- every 10 cents that the price of tobacco the data, that if we raise the price of a cludes the price increase caused all of goes up we can expect to see a 7-per- product like cigarettes, as a general the reduced youth smoking. cent decrease in youth smoking? Is the matter, we can expect children to pur- Is the Senator aware of that? Senator aware of that? chase less of it—at least that is the Mr. ASHCROFT. Yes, I am. Mr. ASHCROFT. I am aware of that Mr. HATCH. Let me bring to the Sen- common economic thought. But having citation and study. I don’t believe it. ator’s attention, during that same pe- said that, and, after all, it is a simple Mr. HATCH. Let me go further. I am riod, U.S. youth smoking decreased by matter of economics that other factors sorry to take so much of the Senator’s 40 percent. So much for that argument are held constant. As price goes up, we time, but I think it is important. of the Senator from Massachusetts. can expect quantity and demand to go Mr. ASHCROFT. I think this is im- Were you aware of that? down. Mr. ASHCROFT. I am aware of that. portant. I want to take just a few minutes to Mr. HATCH. I have one final concern Mr. HATCH. Those figures sound im- look behind the actual data of some of about the chart displayed by our col- pressive at first, but we need to stop the frequently cited studies. Is the Sen- league from Massachusetts on tobacco and question how applicable such a ator aware that a fair reading of the use and price. That chart ended in 1991. study is for a complex adolescent so- literature suggests we are not dealing It did not include any data since then. cial behavior and for the price in- with some sort of simple, timeless, im- I want to show you this chart again. creases we are debating today. Are mutable algorithm when we are dealing This chart shows the growth of Cana- there not limits to extrapolating this with the price/elasticity issue? dian exports to the United States. You estimate into the price range that we Is the Senator aware of that? He has will notice up until 1991 the growth was are talking about today? been making that case here this morn- minimal, hardly at all. And then it Mr. KERRY. Parliamentary inquiry. ing. moved suddenly up. The Judiciary The PRESIDING OFFICER. The Sen- Mr. ASHCROFT. I am. Committee heard testimony that most ator will state his inquiry. Mr. HATCH. I ask the Senator, isn’t of these cigarettes were smuggled back Mr. KERRY. Does the Senator not it reasonable to question that a dif- into Canada. Now, since smugglers do have to ask a legitimate question? ference between the $1.10 tax and the not seek IDs, I suspect youth were able Mr. HATCH. I have been asking ques- $1.50 will not necessarily mean 800,000 to easily obtain bootleg cigarettes at tions one right after the other. premature deaths? an affordable price. Maybe this is why The PRESIDING OFFICER. The Sen- Mr. ASHCROFT. I think the Senator we have not seen the smoking preva- ator from Missouri has the floor, and is entirely correct; to assume that you lence rates and prices beyond 1991; per- he does have the right to yield for a can just automatically make that kind haps that is why the chart of the Sen- question. of change really is poor economics. It ator from Massachusetts ended there. Mr. KERRY. Would the Senator per- starts in the primer and stays there But this is when they hiked up the ex- mit a parliamentary question? Would rather than finding out the way in cise tax in Canada. Look how the im- the Senator from Missouri yield for a which the real world would react. ports from Canada to the United States question? Mr. HATCH. Is the Senator aware it went up. Of course, they continued to Mr. ASHCROFT. The Senator from is unclear if such an analysis is focus- just skyrocket because they were send- Missouri has yielded for a question, ing on tax receipts made to the Treas- ing their exports to the United States which is underway. As soon as the Sen- ury or the actual at-the-cash-register and then the contraband was coming ator from Utah is finished with his price? back. question, I will be happy to yield for Mr. ASHCROFT. Yes, I am. Only when they had to voluntarily another question. Mr. HATCH. Price is undoubtedly a reduce their prices did their exports to Mr. HATCH. Is the Senator aware— key factor. I hope I have reviewed some the United States go down. and I apologize to my colleagues. I do of the key data, and I ask if the Sen- Mr. ASHCROFT. If the Senator is want to get through this, because this ator does agree with me that we should asking if that represents a black mar- is important. The distinguished Sen- not overemphasize price alone and, so ket for cigarettes in Canada, I think he ator has raised these issues. He de- to speak, put all of our eggs into that is right. These were imported to the serves a lot of credit. one price basket? United States for smuggling back into And, secondly, I point out that the Mr. ASHCROFT. It is very wise to Canada, and it represents that while other side had a lot of time last night point that out. I have to say that the the prices were high in Canada, there and this morning to talk about their studies which the Senator has cited I was a real aggravated problem with a positions on this. The record should be think make that a compelling conclu- black market in Canada. As long as made clear that many of their allega- sion. You have to ignore an overwhelm- you sell cigarettes illegally, I think tions are incorrect. I believe the evi- ing weight of scientific evidence to per- selling them to underage individuals is dence shows that they are incorrect. I sist in the naive notion that there is a an easy next step. think the Senator’s answers to my straight line in extrapolation of price Mr. HATCH. If you listen closely to questions will help to show that there increase and demand reduction among the debate, you will hear some assert is a dramatically different explanation teenagers. with mathematical certainty that we for many of the charts which have been Mr. HATCH. Would the Senator need to increase the tax on cigarettes displayed here last night and this agree, in my view we can be most suc- by $1.10 a pack, or $1.50 a pack, or by $2 morning. cessful in meeting our public health per pack to get the maximum health Let me ask some more questions. Is goals by coming up with a ‘‘basket’’ of impact in terms of youth participation the Senator aware there must be some antitobacco policies that would include rates. limits to extrapolating this estimate price increases, counteradvertising, We saw that yesterday in the argu- into the price range we are talking public education, enhanced enforce- ments from the Senator from Massa- about, because if we just straight-lined ment measures, cessation programs, S5158 CONGRESSIONAL RECORD — SENATE May 20, 1998 and marketing and advertising restric- Mr. ASHCROFT. I definitely agree Is the Senator aware of that? tions that go way beyond what the with the Senator. I think that habits Mr. ASHCROFT. I am aware of it. Constitution would allow us to legis- by young people in the marketplace Mr. HATCH. This study found, after late? frequently do not reflect traditional excluding those already smoking in Mr. ASHCROFT. I am aware of the economic analysis. eighth grade, that the effect of price on Senator’s position in that respect. Mr. HATCH. Having set out the 1998 the probability of starting to smoke by I believe if this were truly an IOM study, I compare its tone and ask the 12th grade was essentially zero. antismoking measure for teenagers and the Senator if he agrees with the April The Congressional Budget Office that were its real intent, we would 1998 CBO report called ‘‘The Proposed made the following comment with re- have things like making illegal the Tobacco Settlement: Issue From a Fed- spect to this study: ‘‘Findings should possession of tobacco in areas where eral Perspective?’’ be troubling to those who look forward the Federal Government has jurisdic- Now, this CBO paper examines the to a large increase in tobacco prices as tion. literature and paints a far murkier pic- a foolproof means of reducing rates of Mr. HATCH. Does the Senator agree ture of the state of evidence than did youth smoking. It is possible that ex- we should come up with a comprehen- the IOM study. For example, the first isting studies showing high price elas- sive package of mutually reinforcing sentence of this section, entitled ‘‘Re- ticity among teens and young adults policies, that if we come up with a sponse of Youth’’ states—and I ask the which use similar State level adjusters package at all, overreliance on price Senator if he is aware of this quote— may have inadequately controlled the strategy could be misplaced? ‘‘In contrast with the consistent re- effect of the community environment.’’ Mr. ASHCROFT. I agree our pricing sponsiveness of adults to changes in Is the Senator aware of that quote? Mr. ASHCROFT. I am aware of it. strategy is potentially very seriously price, the evidence on how young peo- ple respond is highly variable?’’ Mr. HATCH. It is a very important misplaced in this measure. quote. That certainly does not seem to Mr. HATCH. Is the Senator aware Mr. ASHCROFT. I am aware of that. echo the almost unequivocal of some that the Institute of Medicine of the It seems to me that it actually con- fronts, in a very direct way, those other studies. National Academy of Sciences issued a To be fair, the Congressional Budget report calling on the nation to take ac- other studies that make serious pre- sumptions that are unwarranted. Office concludes that most of the evi- tion to reduce tobacco use? Is the Sen- dence does, in fact, point to a rel- ator aware of that? Mr. HATCH. The Congressional Budg- et Office report: Is the Senator aware atively high price elasticity for young Mr. ASHCROFT. I am. adults but concludes this discussion Mr. HATCH. Let me ask the Senator of the Congressional Budget Office re- port reviewing many of the same stud- with the cautionary note that all the if he is aware of just a few short ex- would-be social engineers, it seems to cerpts from one paragraph of the 36- ies relied upon in the earlier 1994 Insti- tute of Medicine study, and in the 1994 me, should take to heart. We have page report. The focus is on the need plenty of them around here. ‘‘Most of for the level of required price in- Surgeon General’s report entitled ‘‘Preventing Tobacco Use Among the evidence points to a relatively high creases. ‘‘Raising the prices of tobacco Young People’’? total price elasticity of tobacco con- products is a proven way of reducing Mr. ASHCROFT. I am aware of it. I sumption among teenagers. But those tobacco use in the short and medium think it is very valuable that they estimates could be exceedingly opti- terms. Price hikes encourage the ces- have done so. mistic. How young people would re- sation and thwart initiation. Higher Mr. HATCH. It is very important to spond to large changes in the price of prices have the added benefit of reduc- this debate, it seems to me. cigarettes remains, like many of their ing use among people not yet addicted Does the Senator agree with me? behaviors, uncertain.’’ to nicotine, including young people Mr. ASHCROFT. It is very impor- Is the Senator aware of that? whose level of tobacco consumption tant. Mr. ASHCROFT. I am aware of that may be even more sensitive to price. Mr. HATCH. It would seem to me CBO conclusion. I think it provides us The impact and simplicity of price that anybody who is intelligently with a sound basis for questioning hikes were the main reason for the 1994 watching this debate would want to what others are assuming, and they are IOM report’s first recommendation of a consider this. Is that right? assuming that, I think, at serious peril. $2 per pack cigarette tax increase.’’ Mr. ASHCROFT. I think the informa- Mr. HATCH. Is the Senator also Now the paragraph notes that this tion provided in the CBO is critical to aware that, unlike the Institute of recommendation is consistent with the an intelligent decision in this matter. Medicine, the Congressional Budget Of- Koop-Kessler report and the National Mr. HATCH. The CBO catalogued a fice reads the studies and concludes Cancer Policy Board, which it notes wide range of elasticity and reports, that the data suggests a level of uncer- calls for a $2 price increase before con- ‘‘Most findings are on the high side of tainty on the price issue? cluding with this following sentence: the range.’’ However, the Congressional Mr. ASHCROFT. Yes. ‘‘Such a price increase should also have Budget Office next cites two studies Mr. HATCH. Let’s be honest here. the desired disproportionately greater based on the National Health and Nu- There are many uncertainties here. We impact on preventing the initiation of trition Examination Survey that found are talking about tobacco price in- tobacco use among young people.’’ elasticities near zero. After summariz- creases never before contemplated or Is the Senator aware of that? ing the data for a series of studies, the experienced in our country. But as we Mr. ASHCROFT. I am aware of that Congressional Budget Office discussed listen to this debate, I think it would particular statement. a Cornell study that employed a longi- be wise for all of us to heed the words Mr. HATCH. Let me ask if the Sen- tudinal methodology as opposed to a of caution by the Congressional Budget ator agrees. In fairly categorical lan- cross-sectional analysis undertaken by Office when we hear someone say that guage, a price hike in the $2 range is most studies. all the public health experts agree that characterized as a ‘‘proven way to cut It said in the Congressional Budget price is the single most effective way youth smoking.’’ In fact, it almost Office report, ‘‘The participation elas- to cut youth consumption. sounds like the $2 per pack comes right ticities that DeCicca and colleagues es- Does the Senator agree with me on out of a mathematical formula. timated for each followup were similar that statement? The more something costs, the less of to those found in the cross sectional Mr. ASHCROFT. I think is dangerous it a kid can probably afford. In an era studies. The Congressional Budget Of- to say that all the health experts of $150-a-pair Air Jordans, we must fice considered roughly 0.5 to 0.70. How- agree, or all statistics agree. I think allow for the possibility that what kids ever, they found that when children the Congressional Budget Office study will do, particularly when social status who were already smoking at the time clearly indicates that there are other is involved, can be a tricky, sometimes of the first survey in the eighth grade factors that are very serious that in- counterintuitive behavior that can in- were excluded from the analysis, the terrupt what would otherwise be eco- volve a lot more than just sheer price. effect of price on the probability of nomic assumptions and the assumption Does the Senator agree with me on starting to smoke by the 12th grade of addiction itself is a way of saying that? was essentially zero. that ordinary economics don’t apply. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5159 Mr. HATCH. If data were unequivocal can expect to watch us closely as we leg cigarettes. Keep in mind Mexico’s on the price issue, as some have al- perform our magic on this particular per pack price is 94 cents. Right? ready argued, or will argue, in this de- bill. Does the Senator agree with me Mr. ASHCROFT. I am aware of that. bate, how is it that the Congressional with regard to youth smoking? Mr. HATCH. Maybe we have never Budget Office—I ask the Senator this Mr. ASHCROFT. I think the public is seen the smoking prevalence rates and —felt compelled to so carefully qualify already watching. It is reflected in prices beyond 1991 in the distinguished what some characterize as a near sci- measurements of the public sentiment Senator’s chart because smoking rates entific certitude? when they indicate they believe on did not increase when the tax was de- Mr. ASHCROFT. My view is that about a 70 percent to 30 percent basis creased by the Canadian government. they are self-compelled because they that this is a tax and spend, big Gov- Now, despite emphatic and passion- were interested in writing a record ernment measure rather than a real ate pleas, the scientific evidence on the which was seriously flawed. The Con- smoking cessation measure. effect of price is equivocal. Does the gressional Budget Office’s responsibil- Mr. HATCH. Let me just bring to the Senator agree with me on that? ity is to provide us with the informa- distinguished Senator’s attention that Mr. ASHCROFT. There is ambiguity tion on the basis of which we can make during that same period of smoking de- as to whether or not price is a conclu- good decisions, and not seriously cline in Canada, U.S. youth smoking sive determinant for teenagers in their flawed information. I think that there decreased by 40 percent without a price decision to begin to smoke. is responsibility and an opportunity to increase. So much for the reasons that Mr. HATCH. Is the Senator aware improve our potential for good deci- price is the only reason for youth that today Barry Meier writes a very sionmaking. That is why they would smoking decrease. Is the Senator aware compelling article in the New York have to challenge those studies which, of that? Times. He says: obviously, would be misleading if not Mr. ASHCROFT. I am aware of that. But with the Senate having begun debate understood in the light of the Congres- Mr. HATCH. I have one final concern on Monday on tobacco legislation, many ex- sional Budget Office qualification. with the chart that was used by our perts warn that such predictions are little Mr. HATCH. Now, of course, if you distinguished friend from Massachu- more than wild estimates that are raising were tied down to particular numbers setts on Canadian tobacco use and what may be unreasonable expectations for change in rates of youth smoking. in a budget table or in a bill financing price. As I said, that chart ended in table and neither could justify these 1991. When you look from 1991 on, Ca- Is the Senator aware of that com- numbers so that precisely the pre- nadian imports to our country went up ment? ordained amount of revenue comes into dramatically. Most were smuggled Mr. ASHCROFT. I am aware of that. the U.S. Treasury, you might be in- back into Canada and created a huge Mr. HATCH. Mr. Meier also quotes clined to overplay the public health ra- black market. Does the Senator re- Mr. Richard Kluger, author of a book tionale beyond what is warranted from member, before the Judiciary Commit- on smoking and health, who has said the actual data. Does the Senator tee, we had the former mayor of Corn- this. I ask the Senator if he is aware of agree with me on that? wall testify before our committee? it? Mr. ASHCROFT. Yes, I would. If the Mr. ASHCROFT. I am aware of that I think this whole business of trying to President of the United States, for in- testimony. prevent kids from smoking being the impe- stance, needed a certain amount of Mr. HATCH. And he talked about tus behind legislation is great politics, but it money, you might be inclined to find is nonsense in terms of anything you can put how the black market came in with all number next to. statistics which would provide a basis of the accompanying organized crime Is the Senator aware of that? for generating that amount of money. and criminal activity to the point Mr. HATCH. I ask the distinguished Mr. ASHCROFT. I am, I am in pos- where his life was threatened, his fami- Senator if he agrees with me that the session of the article, and I am grateful ly’s life was threatened, people were American people, see if he agrees with for the work of Mr. Meier. me that the American people are not shot at, and all kinds of other unsavory Mr. HATCH. I ask unanimous consent exactly unfamiliar with the sometimes criminal practices began. Does the that the entire article be printed in the Senator remember that testimony? backwards, the end-justifies-the- RECORD. means, cook-the-books nature of pol- Mr. ASHCROFT. I am aware of that There being no objection, the article icymaking in Washington. testimony, and I thank the Senator for was ordered to be printed in the bringing it again to our attention. Mr. ASHCROFT. They are not. RECORD, as follows: Mr. HATCH. Now, the Judiciary Mr. HATCH. All right. Why do you [From the New York Times, May 20, 1998] think the polls are showing that by a Committee—I am sure the Senator is aware of this, too—heard testimony POLITICS OF YOUTH SMOKING FUELED BY decisive 70 percent to 20 percent mar- UNPROVEN DATA that most of these cigarettes, on that gin the public thinks the Congress is LEGISLATION’S DESIRED EFFECTS DRESS UP AS more interested in the revenue and peak, that were imported into the United States were smuggled back into FACTS spending side of this tobacco legisla- (By Barry Meier) tion than we are in the public health Canada. It is the mantra of the nation’s opponents component? Mr. ASHCROFT. They send them out the front door and bring them in the of smoking: sweeping changes in the way Mr. ASHCROFT. Well, for a variety cigarettes are marketed and sold over the of reasons. I am sure our history is part back door. next decade would stop thousands of teen- of that, but part of the reason is that Mr. HATCH. Sure. They sent them agers each day from starting the habit and in this bill we are not doing some of out and brought them back. People are spare a million youngsters from untimely the things which could be done to cur- saying there is not going to be any deaths. tail teenage smoking. So it becomes smuggling here, not going to be any President Clinton recently warned, for ex- apparent that we are doing things that black market. They are ignoring hun- ample, that one million people would die pre- maturely if Congress did not pass tobacco are not necessary and not doing things dreds of thousands of police people. They are ignoring the facts that oc- legislation this year. And Senator John that are necessary. McCain, Republican of Arizona and the au- Mr. HATCH. Does the Senator re- curred in Canada, England, and almost thor of a $516 billion tobacco bill, has urged member back in the late 1980s when the everywhere else. lawmakers to stop ‘‘3,000 kids a day from American people made us repeal the Mr. ASHCROFT. They are ignoring starting this life-threatening addiction.’’ catastrophic health insurance legisla- the fact that there is a lot of cigarette But with the Senate having begun debate tion, the same public considered and smuggling in the United States today on Monday on tobacco legislation, many ex- soundly rejected the Rube Goldberg-in- at current taxation levels. To aggra- perts warn that such predictions are little spired, Ira Magaziner-designed Clinton vate that with an additional $1.50 a more than wild estimates that are raising pack would be to skyrocket the smug- what may be unreasonable expectations for health care reform proposal? change in rates of youth smoking. Mr. ASHCROFT. We are all well gling problem. After the $368.5 billion settlement proposal aware of that. Mr. HATCH. Since smugglers do not between tobacco producers and state offi- Mr. HATCH. I would submit to you seek identification or IDs, I suspect cials was reached last year, for example, the that this is the same public that we youth were able to easily obtain boot- American Cancer Society said a 60 percent S5160 CONGRESSIONAL RECORD — SENATE May 20, 1998 decrease in youth smoking in coming years the increase would reduce youth smoking by Steven Duchesne, an industry spokesman, could reduce early deaths from diseases like 30 percent over the next decade, they say said tobacco companies thought that high lung cancer by a million. But while many that an additional 30 percent reduction cigarette prices would encourage those in politicians say the legislation would most would come through companion measures the black market to target teen-agers. likely produce a 60 percent drop in youth like advertising restrictions and more pen- ‘‘Smugglers would sell cigarettes out of smoking, that figure appears to have come alties for store owners who sold cigarettes to the back of trucks without checking ID’s,’’ from projections and targets. under-age smokers and for youngsters who Mr. Duchesne said. Social issues often spark unfounded claims bought them. Experts agree that unless significant cloaked in the reason of science. But the de- The claim that comprehensive tobacco leg- changes are made in areas like price and ad- bate over smoking, politically packaged islation would reduce youth smoking by 60 vertising, youth smoking rates will not de- around the emotional subject of the health percent over the next decade is perhaps that cline. But unlike politicians, many of them of children, is charged with hyperbole, some most frequently cited number by advocates are unwilling to make predictions. Instead, experts say. Politicians and policy makers of such bills. But that figure first emerged they say that the passage of tobacco legisla- have tossed out dozens of estimates about last year in a different context and quickly tion would guarantee only one thing: the the impact of various strategies on youth came under attack. start of a vast social experiment whose out- smoking, figures that turn out to be based on The American Cancer Society, soon after come is by no means clear. projections rather than fact. the settlement plan was reached in June be- Mr. ASHCROFT. I am pleased to for- ‘‘I think this whole business of trying to tween the tobacco industry and 40 state at- ward the article to the desk and ask for prevent kids from smoking being the impe- torneys general, said that one goal of that agreement—a 60 percent decline in youth its inclusion in the RECORD. tus behind legislation is great politics,’’ said Mr. HATCH. Let me ask the Senator, Richard Kluger, the author of ‘‘Ashes to smoking rates over the next decade—would spare one million children from early deaths if he will, using another chart, our col- Ashes’’ (Knopf, 1996), a history of the United league argued last night that the 1993 States’ battle over smoking and health. ‘‘But from smoking related diseases. The plan, it is nonsense in terms of anything that you which recently collapsed, would have raised American price decrease led to more can put numbers next to.’’ cigarette prices by about 62 cents over a dec- youth smoking. I would call my col- Everyone in the tobacco debate agrees that ade and banned certain types of tobacco ad- league’s attention to the fact that in at reducing youth smoking would have major vertising and promotional campaigns. least 1 year both price and youth benefits because nearly all long-term smok- But some tobacco opponents soon found fault with the cancer society’s estimates. smoking decreased. Later, there was a ers start as teen-agers. But few studies have dramatic increase in youth smoking analyzed how steps like price increases and For one, those critics pointed out that the 60 percent figure represented only a target, and without a proportional price increase. advertising bans affect youth-smoking. And that penalties would be imposed on tobacco These facts provide further evidence those have often produced contradictory re- companies if it were not reached. And the sults. that price is not the only determinant Consider the issue of cigarette pricing. In cancer society, they added, had not per- of smoking behavior as some would recent Congressional testimony, Lawrence formed any analysis of the June deal to de- lead us to believe. Is the Senator aware termine whether in youth smoking. H. Summers, the Deputy Treasury Sec- of that? ‘‘They basically made up the number and I retary, cited studies saying that every 10 think it was totally irresponsible of them,’’ Mr. ASHCROFT. I am aware of it, percent increase in the price of a pack of said Dr. Stanton Glantz, a professor of medi- and I am convinced that price is not cigarettes would produce up to a 7 percent cine at the University of California at San the only determinant. reduction in the number of children who Francisco. ‘‘It is like assuming that by snap- Mr. HATCH. Now, tobacco analyst smoke. Those studies argue that such a drop ping our fingers we could make breast cancer Martin Feldman, who actually did the would occur because children are far more go away.’’ economics on this based upon an exten- sensitive to price increases than adults. In a letter to Dr. Glantz, Dr. Michael Thun, ‘‘The best way to combat youth smoking is sive model, unlike the Treasury De- the cancer society’s vice president for epide- partment, who was willing to testify to raise the price,’’ Mr. Summers said. miology and surveillance research, acknowl- But a recent study by researchers at Cor- edged that the group’s statement was based and face cross-examination before the nell University came to a far different con- on an ‘‘if-then’’ projection, rather than an Judiciary Committee, testified before clusion, including a finding that the types of analysis of whether the proposal’s programs the Judiciary Committee, and I believe studies cited by Mr. Summers may be based would accomplish that goal. the Senator is aware of this, that be- on a faulty assumption. ‘‘The way the number was derived has tween 1986 and 1996, the real price of Donald Kenkel, an associate professor of nothing to do with what will effectively get policy analysis and management at Cornell, cigarettes in the United Kingdom, rose us there,’’ Dr. Thun said in a recent inter- by 26 percent and national cigarette said earlier studies tried to draw national view. patterns by correlating youth smoking rates The new 60 percent estimate is based on a consumption fell 17 percent. and cigarette prices in various states at a different formulation. But it, like the cancer Is the Senator aware that youth given time. society statistic, also coincides with a target smoking did not decrease during that But in the Cornell study, which looked at for reducing youth smoking that would re- same time? youth smoking rates and cigarette prices sult in industry penalties if not reached. And Mr. ASHCROFT. I think that data is over a period of years, researchers found that along with questioning the impact of price very instructive. It tells us something price had little effect. For example, the on reaching such a goal, experts are at odds about the fact that the youth culture is study found that states that increased to- over whether advertising bans and sales re- not always predictable in terms of tra- bacco taxes did not have significantly fewer strictions would produce the projected 30 ditional economics, that the price may children who started smoking compared with percent drop in youth smoking. states that raised taxes at a slower rate or In California, for example, youth smoking not be the determinant of whether in- not at all. began to decline in the early 1990’s soon after dividuals begin smoking as young peo- Mr. Kenkel added that he had no idea how the state began one of the most aggressive ple. the price increase being considered by Con- anti-smoking campaigns in the country. But Mr. HATCH. Is the Senator aware gress—$1.10 per pack or more—would affect it has begun to rise again in recent years. that actually the British Office for Na- smoking rates because the price of ciga- Dr. John Pierce, a professor of cancer pre- tional Statistics reported that the per- rettes, now about $2 a pack, has never vention at the University of California at centage of smokers amongst those 11 to San Diego, said he thought that reversal jumped so much. And he added that there 16 increased by 8 percent despite the were so few studies on youth smoking rates might reflect the ability of cigarette makers and price that any estimate was a guess. to alter their promotional strategies to keep healthy price increase? ‘‘It is very difficult to do good policy anal- tobacco attractive to teen-agers even as reg- Mr. ASHCROFT. I am pleased that ysis when the research basis is as thin and ulators try to block them. you would bring that to my awareness. variable as this,’’ Mr. Kenkel said. For their part, cigarette makers, whose in- Mr. HATCH. Our colleague from Mas- Jonathan Gruber, a Treasury Department ternal documents suggest a significant im- sachusetts, for whom I have the great- official, said that the Cornell study had its pact on youth smoking from price increases, est respect, would lead us to believe own methodological flaws and that the ear- appear happy to play both sides of the statis- that all public health experts advocate lier findings about prices supported the de- tical fence. Last year, they estimated that a $1.50 price increase to reduce teen partment’s position. He also pointed out that the price increase in the June plan would smoking. There has never been a U.S. cause sales to drop by nearly 43 percent Canada doubled cigarette prices from 1981 to price increase of this magnitude. 1991 and saw youth smoking rates fall by among all smokers over a decade. But now half. that Congress is considering raising prices Mr. ASHCROFT. I am aware of the Under the tobacco legislation being consid- by twice that much, producers have turned fact that this would be a totally unique ered in the United States, cigarette prices around and said that higher prices would un- circumstance never before—— would increase by about 50 percent. And dermine, rather than help, efforts to reduce Mr. HATCH. Keep in mid it is a lot while advocates of the legislation say that youth smoking. more than just a $1.50. That is just the May 20, 1998 CONGRESSIONAL RECORD — SENATE S5161 manufacturer’s price. You go on up That’s why a year ago I worked with the you could not have the advertising re- from there? FDA, and we launched this nationwide effort strictions. Mr. ASHCROFT. It would probably to protect our children from the dangers of Mr. ASHCROFT. I think it is pretty be something in the neighborhood of tobacco by reducing access to tobacco prod- clear that the infringement of the first ucts, by preventing companies from advertis- amendment that has been applied by closer to over $3 in terms of the in- ing to our children. The purpose of the FDA crease in the price of cigarettes. rule was to reduce youth smoking by 50 per- the highest courts to commercial Mr. HATCH. Is the Senator aware of cent within 7 years. speech as well as speech by ordinary the approach that I have been trying to That was President Clinton’s state- citizens would be substantial were it take toward this, that we believe it ment. Is the Senator aware of that? not to have the complicity of those af- should be a payment schedule. There Mr. ASHCROFT. Indeed it was. fected. would still be excise taxes. We think it Mr. HATCH. I think the point I am Mr. HATCH. Was not the Senator should be a payment schedule that the making here is no matter what we do there in those Judiciary Committee tobacco companies meet regardless of here will be a price increase. The ques- hearings when these experts on con- how their profits go, up or down. Is the tion is, How far can you increase it stitutional law from the left to the Senator aware of that? without it being counterproductive and right said this bill would not be con- Mr. ASHCROFT. I am aware of the producing an overwhelming black mar- stitutional, would be highly suspect. Senator’s position in that regard. ket in contraband all over our country. Mr. ASHCROFT. I am aware of that. Mr. HATCH. Unconstitutional both Mr. HATCH. So the payment would Is the Senator as concerned about that on the advertising restrictions, which not be affected by whether the excise as I am? taxes go up or down. The payments Mr. ASHCROFT. I am deeply con- of course that is what the FDA regula- would have to be made over a number cerned about the creation of a black tions call for, and on the look-back of years, all $428 billion of them, which market which not only destabilizes any provisions? Just to mention two. Mr. ASHCROFT. I am very well is $60 billion more than in the settle- of the intentions of this bill, but prob- aware of the serious constitutional ment. Is the Senator aware of this, $60 ably would make cigarettes far more problems of this proposed measure, billion more than the attorneys gen- available to young people than they which would be intensified, absent the eral, Castano group, et cetera, and to- are in society today. bacco companies’ agreement back on Mr. HATCH. I appreciate the Sen- agreement of the companies them- June 20, 1997? Is the Senator aware of ator’s comments. These quotes by selves. Mr. HATCH. Does the Senator re- it? Donna Shalala, by David Kessler, by member Floyd Abrams, leading first Mr. ASHCROFT. I am aware of the the President of the United States, amendment expert in this country, in Senator’s intention in that respect. with regard to the FDA regulation sup- my opinion and I think in the opinion Mr. HATCH. So it is a stiff increase posedly going to reduce teen smoking of most people, from the left to the in penalty, but at least it is at a level by 50 percent over 7 years—guess what, right, in his statement: where perhaps we can get the compa- there was no price increase in that reg- nies to come back on board and at least ulation. Now we are led to believe that Any legislation of Congress which would voluntarily agree to the advertising purport to do by law what the proposed set- price increases are the sole answer—at tlement would do by agreement, in terms re- protocols, consent protocols, and vol- least by the arguments made by the untarily agree to the look-back provi- stricting constitutionally protected commer- other side on this issue. cial speech, is, in my estimation, destined to sions and make them, thus, constitu- Is the Senator aware—let me just ex- be held unconstitutional? It is unlikely that tional. amine another factor and see if he is at the end of the day the FDA’s proposed reg- Mr. ASHCROFT. I understand the aware of that. We are being told the ulations could survive first amendment scru- Senator’s position. Senate’s inaction on a $1.50 price in- tiny. Mr. HATCH. You understand my po- crease over the next 3 years will cul- Does the Senator remember that? sition on that? minate in children dying. Is the Sen- Mr. ASHCROFT. I am aware of that In 1996—is the Senator aware in 1996 ator aware of that argument. statement before the committee. Secretary Shalala estimated that the Mr. ASHCROFT. I am aware of that Mr. HATCH. Is the Senator aware 1996 FDA rule would reduce smoking by argument. that the American Civil Liberties 50 percent over 7 years? Guess what? Mr. HATCH. It seems to have been Union, speaking to the Senate Judici- There was no price increase in that made here regularly. If that is the case, ary Committee, February 20, 1998, had regulation. why, then, did the President of the this to say: Secretary Shalala used the word ‘‘his- United States advocate for a price in- Both the legislation and proposed regula- toric’’—this is the most important public crease of up to $1.50 over 10 years? tion by the Food and Drug Administration health initiative in a generation. It ranks What does our colleague from Massa- are wholly unprecedented and, if enacted, with everything from polio to penicillin. I chusetts know that the President will most likely fail to withstand constitu- mean, this is huge in terms of its impact. tional challenges. didn’t know? Out goal is very straightforward; to reduce Mr. ASHCROFT. I am. the amount of teenage smoking in the Mr. ASHCROFT. I am not in a posi- tion to answer that question. I think Mr. HATCH. Is the Senator aware United States by half over the next 7 years. that Judge Robert Bork said on Janu- Are you aware of that statement by the question is a very good question, but it would have to be addressed to ary 16, 1996: our Secretary, our esteemed Secretary? The recent proposal of the FDA to restrict Mr. ASHCROFT. I am aware of that the Senator from Massachusetts. Mr. HATCH. Let me just say this, severely the first amendment rights of statement. American companies and individuals who in Mr. HATCH. Well, there was no price and ask this question. You know, the one way or another have any connection increase in that recognition. How, we very people who are arguing for this with tobacco products is patently unconsti- are being led to believe that price is $1.50 increase, it seems to me, are the tutional under the Supreme Court’s current the answer. It goes further. David very people who are pricing this bill doctrine concerning commercial speech, as Kesler said this: right out of the marketplace so we can- well as under the original understanding of the first amendment. Don’t let the simplicity of these proposals not get a constitutionally sound bill. Is fool you. If all elements of the antismoking the Senator aware of that? Mr. ASHCROFT. I am aware of that. package come into play together, change Mr. ASHCROFT. I believe that they That is why I mentioned the commer- could be felt within a single generation, and have increased this, the cost of this cial speech reservations that I had ear- we could see nicotine addiction go the way of bill, by hundreds of billions of dollars. lier. small pox and polio. Mr. HATCH. We have had witnesses Mr. HATCH. Isn’t it a wonderful Are you aware of that statement by from the left and the right, constitu- thing that the commerce bill, or should the former—— tional experts, come before our com- I say the managers’ amendment, has Mr. ASHCROFT. I am aware of the mittee and say that, basically, without done that which nobody else has ever statement of Dr. Kessler. a voluntary consent protocol or a vol- been able to do in the history of this Mr. HATCH. Former head of the untary consent decree with the compa- country; that is, bring together the FDA? Here is one by President Clinton: nies on board, that literally—literally, ACLU and Robert Bork on this issue. S5162 CONGRESSIONAL RECORD — SENATE May 20, 1998 Mr. ASHCROFT. That, indeed, is an there is a very serious constitutional smoking every day and 1,000 will die a amazing feat. problem with this kind of limitation, premature death? Mr. HATCH. It really is. But we also even of commercial speech. Mr. ASHCROFT. I am aware that had testimony from Larry Tribe, on Mr. HATCH. He is not alone. I ven- 3,000 children try smoking every day. I the left, who also basically said this ture to say that any constitutional ex- am also aware there are about 8,000 would be very constitutionally suspect. pert who tries to contradict what these children, according to General McCaf- Now, to make a long story short, the gentlemen have said is going to be in frey, who try drugs every day. I am very people who are arguing—I will ask severe jeopardy of losing his or her rep- concerned we do not have a so-called the Senator this. Aren’t the very peo- utation. solution here that really shoves people ple who are arguing for this $1.50 in- Is the Senator aware that this whole even more into the drug category. crease the people who have basically push to raise the cost, to pile on, that Mr. HATCH. Is the Senator aware blown the tobacco companies out of the basically knocks the tobacco compa- that if a young teenager smokes, there equation so that you cannot get the nies out of the equation, to pile on— is an 8 times propensity to graduate to voluntary consent decrees to make which is what is happening in this bill marijuana, and if that teenager then these matters constitutional so that and what certainly would be extended graduates to marijuana, there is a this will work, not just from a price in- by the amendment of the distinguished greater propensity to graduate to hard- crease standpoint but from an advertis- Senator from Massachusetts—that that er drugs? ing restrictions standpoint, and from a basically knocks the tobacco compa- Mr. ASHCROFT. I am aware of link- look-back provision standpoint? nies out? ages that have been drawn between Mr. ASHCROFT. I think it is pretty Mr. ASHCROFT. I am not in a posi- marijuana smoking and hard drugs. clear they have boosted, or seek to tion to say whether or not what the to- Mr. HATCH. So if this price increases boost the kind of financial impact to a bacco companies could do. that we are talking about here, way very serious—hundreds of billions of Mr. HATCH. They have said—— above the $368.5 billion, do not bring dollars—extent. Mr. ASHCROFT. They have indicated the tobacco companies on board—and My objection is that this is all passed clearly that the additions and the ag- the tobacco companies say they are not on to low-income people, consumers. gravations and the different kinds of going to come on board—then, basi- Obviously there are other impacts as changes that have been made have cally, we are going to have 10 years of well. Obviously it affects the ability of made it impossible for them to con- constitutional litigation where ap- companies to participate in this kind tinue in their support of the measure. proximately 1 million children a year of settlement. Mr. HATCH. There is no doubt in my will start a habit later leading to their Mr. HATCH. Is the Senator aware of, mind that they are not going to con- premature death because we failed to similarly, last week we heard testi- tinue unless we get this into some rea- act properly in this matter. Is the Sen- mony on this issue. I asked Professor sonable posture. Is the Senator aware ator aware of that? Burt Neuborne of the NYU law school that many people lost their breath Mr. ASHCROFT. I am aware of the specifically if he thought the FDA when they first heard of $368.5 billion fact that the absence of the tobacco rules could pass constitutional muster. as the settlement figure given last companies in any final resolution I have to say, he was one of the most June 20 by the attorneys general, the would result in very serious litigation impressive constitutional experts I Castano group and the tobacco compa- which would involve serious delays. have had in my 22 years of listening to nies? They were astounded. Is the Sen- Mr. HATCH. Is the Senator aware constitutional law from experts on the ator aware of that? that I have fought the tobacco industry Judiciary Committee. In asking him a Mr. ASHCROFT. I am aware of it, my whole Senate career, and I take question, I pointed out that earlier in and if the people lost their breath second place to nobody as far as trying the hearing that Mr. David Ogden, thinking this was to be paid by the to- to get this matter under control? counsel to the Attorney General, testi- bacco companies, they will really lose Mr. ASHCROFT. Indeed, I am. fied that the FDA rules were narrowly their breath when they understand Mr. HATCH. Is the Senator aware tailored and could satisfy the leading these costs are mandated by the stat- that on one occasion, I was accused—I cases in the area of commercial free ute to be passed on to consumers. won’t say by whom—of being a pawn speech, the Supreme Court’s decision Mr. HATCH. I think the Senator is for the tobacco companies, because I in 44 Liquormart, and the Scenic Hud- aware, is he not, that there has to be a want to see this thing work and get it son cases. way to pay for the program? If you done? So I asked Professor Neuborne don’t have the voluntary consent of the Mr. ASHCROFT. There are a number whether the FDA rules were narrowly companies, albeit kicking and scream- of incredible things that have been said tailored, as required by current Su- ing, then how do you make the bill about the Senator, and I think that is preme Court doctrine. I want to see if constitutional in the end? Is the Sen- one of them. the Senator remembers what he said. ator aware of that? Mr. HATCH. Well, it was very offen- He said: Mr. ASHCROFT. I am aware of the sive to me. If we don’t work this out so I could start by semantics. Mr. Ogden of Senator’s position. that the parties agree in a consent de- the Justice Department used the word ‘‘ap- Mr. HATCH. Is the Senator aware of cree, then we are going to have years of propriately tailored.’’ He is too good a law- another position this Senator has, and litigation where even more people will yer to use the words ‘‘narrowly tailored’’ be- I think many others as well, and that die from smoking-related diseases and cause the FDA rules are not narrowly tai- is that if this bill passes in its current millions of kids will be hooked on ciga- lored. The FDA rules take the position that all color, all figures, all human beings are in- form and is not constitutional, that rettes. herently attractive to children in a way that there will be at least 10 years of effec- In 1996, as I said, and I ask the Sen- causes them to smoke. tive litigation by the tobacco compa- ator if he remembers this, Secretary Is the Senator aware of that? nies who are not going to allow them Shalala estimated that the 1996 FDA Mr. ASHCROFT. I am aware of that. to climb all over them, especially when rule would reduce smoking by 50 per- I think it is a profound insight and it they know these provisions are uncon- cent over 7 years. David Kessler said it. absolutely represents good legal analy- stitutional? Is the Senator aware of The President believes that. There was sis. that? no price increase involved in that, just Mr. HATCH. He went on to say: Mr. ASHCROFT. I am aware of that, the rule. But that rule will not be in ef- But its not a narrowly tailored response to and during that period of time, the fect if we don’t have a voluntary con- say that all use of color, all use of human poor people, the working-class people sent decree. figures, all use of imagery is banned so that of the United States are going to have And, I might add, there are those who adults can’t see them either, and I don’t a very, very serious tax increase as a believe that rule shouldn’t be in effect think that could be reasonably defended. result of this kind of greed expressed under current FDA law, the way it is Do you remember that? here. currently written. Mr. ASHCROFT. I am aware of that Mr. HATCH. Is the Senator aware Let me ask the Senator to consider statement and I happen to agree that that we have 3,000 kids beginning another fact. We are being told that May 20, 1998 CONGRESSIONAL RECORD — SENATE S5163 the Senate’s inaction on a $1.50 price age 12 through 17.’’ Is the Senator chartered waters of a $1.50 price in- increase over the next 3 years will re- aware of that? crease. sult in children dying. If that is the Mr. ASHCROFT. I am aware of it, We should not lead our mothers in case, then why did the President of the and I am pleased to have you remind us this society to believe that if we raise United States advocate for a price in- all of the information in these studies. the price of cigarettes by $1.50, their crease of up to $1.50 but over 10 years? Mr. HATCH. So the data that is not children will not smoke. Is the Senator Is the Senator aware that Surgeon so categorical as being portrayed by aware of that? General Satcher, our Nation’s doctor, the proponents of this amendment. In Mr. ASHCROFT. I agree with that. did not call for a $1.50 price increase? fact, the 1994 IOM report noted the con- We should not mislead parents. I would Mr. ASHCROFT. I am pleased to be flict, not the consensus, in the data. It firmly underscore the idea that the sin- made aware of that by the Senator noted that that requires further study. gle, most important factor in whether from Utah. On page 188 of the IOM study, it says or not young people smoke is the ex- Mr. HATCH. Rather, he echoed the this: tent to which their parents are active President’s position. He referred to The conflicting results of the few U.S. in helping them not to smoke. prices as one of the most cost-effective, studies have examined the impact of ciga- Mr. HATCH. I tell my colleagues, I short-term strategies to reduce youth rette prices on consumption by adolescents, am just about through with my ques- smoking. Will the Senator help me to including possible substitution of smokeless tions for now. I will have many, many tobacco products in response to higher ciga- understand their failure to be advo- rette prices, reinforce the need for new re- more later on other aspects of this bill. cates, if the evidence is, as our col- search to assess the potential for using high- But I wanted to get these points across. league from Massachusetts said, ‘‘over- er tobacco taxes to deter adolescent tobacco I really appreciate the courtesy of my whelming and powerful’’? More re- use. colleague and his forbearance in being cently, my colleague and I attended a Is the Senator aware of that? willing to answer all these questions. Judiciary Committee hearing to deter- Mr. ASHCROFT. It is clear that the The main point is, there cannot be mine if it is possible to design a plan to studies are conflicting. Some of the as- clear and unequivocal support for a keep kids from smoking. Is the Senator sumptions which have been purported price increase of $1.50. I have never aware of this? Dr. Greg Connally, head by others to be universal simply are seen a price increase of that mag- of the Massachusetts drug control pro- not universal and are not supportable nitude. That has never been done. gram, testified that the remarkable when they are alleged to be universal. Dr. Chaloupka also writes that less success of the Massachusetts program Mr. HATCH. Is the Senator aware educated persons are less price respon- in reducing by 30 percent cigarette con- that in a recent peer-reviewed article sive. An American adult, who is a one- sumption in the 18- to 24-year-olds was in the Journal of the American Medical pack-a-day smoker would face a $547 because of the clean air indoor legisla- Association, the authors conclude that increase. The Senator has been making tion and advertising. Is the Senator price increases have limited value? Is that case, I believe. Is that correct? aware of that? the Senator aware of that? Mr. ASHCROFT. Yes. I believe a one- Mr. ASHCROFT. I am aware of it, Mr. ASHCROFT. I am pleased to be pack-a-day habit in participating in and that is why I think it is unneces- aware of it and thank the Senator for smoking would cost an additional sary to massively burden working bringing it to the attention of the Sen- $547—if you had three packs a day, it Americans with an oppressive tax in ate. takes you to about $1,600. Money that order to achieve what State and local Mr. HATCH. Since the tobacco com- is taken from the family. It does not entities are doing without this kind of panies cut their prices to wipe out the matter how much the family makes. It imposition on working people of Amer- tax increases, these public health sci- could be very low income. Most smok- ica. entists attributed the success of the to- ers tend to be in the low-income areas. Mr. HATCH. That came right out of bacco control program in Massachu- So it is a very, very aggressive tax on Massachusetts. setts to other components of the com- low-income America. Mr. KENNEDY. Will the Senator prehensive program. Is the Senator Mr. HATCH. This tax increase would yield on that point? aware of that? take away more than 5 percent of the Mr. HATCH. Let me finish this line Mr. ASHCROFT. Yes, I am. income of an American making $10,000 of thought, and I will be happy to Mr. HATCH. In the same hearing, Dr. a year. Is that correct? yield. William Roper, who is Dean of the Uni- Mr. ASHCROFT. In some cases that Mr. ASHCROFT. I reassert my right versity of North Carolina School of is the kind of bite it would take out of to the floor, and I will be happy to Public Health, called for a significant their ability to buy food, shelter, and yield for another question, but I have price increase but failed to recommend clothing to provide for their families. yielded to the Senator from Utah and an amount. Is the Senator aware of Mr. HATCH. Is it not correct, I ask the floor is not his to yield. that? my colleague from Missouri, who has The PRESIDING OFFICER. The Sen- Mr. ASHCROFT. I am. been making very important points ator from Missouri controls the floor. Mr. HATCH. Dr. Michael Fiore, direc- here during this debate, is it correct Mr. ASHCROFT. I yield to the Sen- tor of the University of Wisconsin that currently smokers with incomes ator from Utah. School of Medicine Center for Tobacco under $30,000 pay almost 50 percent of Mr. HATCH. Let’s look more closely Research and Prevention and Chair of the tobacco excise tax? at the 1994 IOM study which is the the Agency for Health Care Policy and Mr. ASHCROFT. Well, right here basis of the 1998 IOM study. A fair read- Research clinical practice guideline under the new plan it is projected to al- ing of this 1994 IOM study seems far panel on smoking cessation testified most 60 percent. less definitive than is being portrayed that one of the most effective ways to Mr. HATCH. Right. If this $1.50 goes by some in this debate. reduce youth smoking is to focus on through, it will be probably that high. On page 187 of the 1994 Institute of the current adult smokers. He never And even at $1.10, it would be ap- Medicine study, it says: mentioned a price increase to reduce proaching 60 percent; is that correct? Only a few studies have examined the ques- youth smoking. Is the Senator aware of Mr. ASHCROFT. That is correct. tion of whether cigarette price increases af- that? Mr. HATCH. Well, I am disappointed fect teenagers differently than adults. Mr. ASHCROFT. I am aware of it. that some of my colleagues on the It then reviewed the only three stud- Mr. HATCH. We all know teenage be- other side of the aisle are so ready to ies done to that point in the United havior is at best unpredictable. Dr. support a new tax-and-spend program States. It found relatively high price Warner of the University of Michigan supposedly aimed at children but elasticities in two of these studies but estimated that the 1983 doubling of the weighing so heavily on the backs of ad- noted that the third study, the second Federal excise tax would decrease the dicted, low-income adult workers under National Health and Nutrition Exam- number of teenage smokers by 800,000. the guise that they are helping chil- ination Survey, ‘‘failed to find a statis- This estimate fell short by one-fourth. dren. tically significant effect of cigarette This overzealous estimate should give Does the Senator agree with me on prices on cigarette smoking in youths all of us pause in stepping into the un- that? S5164 CONGRESSIONAL RECORD — SENATE May 20, 1998 Mr. ASHCROFT. I do. get these voluntary consent protocols question and thank him for his ques- Mr. KERRY. Will the Senator yield? so we can make this matter constitu- tions. I appreciate the way in which he Mr. HATCH. I will take only a few tional? has framed these questions. I think it more minutes. Mr. ASHCROFT. I think it is pretty has been very productive and helpful in While I agree—I will make this clear we can often find how hard some- this debate. clear—that a price increase is an im- one has worked and studied by the na- Mr. HATCH. I thank the Senator for portant component of a comprehensive ture of the questions they have asked. his leadership on the floor in pointing program, the reason I have gone The nature of the questions you have out the problems that exist with regard through all this is there is no clear and asked is such that everyone can know to this ‘‘piling on’’ mentality. Is the convincing evidence of what that that you have done perhaps as much Senator aware that we did it in the amount should be. work as anyone could possibly do in ex- catastrophic bill, and we all lost that? Let us be honest, the CBO found amining these issues. Mr. ASHCROFT. I am aware of that. there is uncertainty and the price rise Mr. HATCH. Is the Senator aware—— Mr. HATCH. I have no doubt that if is not foolproof. Mr. KERRY. Will the Senator yield the managers’ amendment of $1.10 goes Do you agree with that? for an administrative question? through—does the Senator have any Mr. ASHCROFT. I do agree that a Mr. HATCH. I have one or two ques- doubt that if a managers’ amendment price rise is certainly not a foolproof tions. of $1.10 goes though, let alone $1.50, strategy for reducing teen smoking. Mr. KERRY. It is not up to the Sen- that we will wind up with another There are ways to reduce teen smok- ator from Utah to make that decision. similar process and problems on our ing, and a number of them are not in- The PRESIDING OFFICER (Mr. hands? Mr. ASHCROFT. I think we have a cluded in this legislation. BURNS). Will the Senator respond? Mr. HATCH. I would just like to ask Mr. HATCH. Will the Senator yield major problem on our hands. I am not my friend maybe one or two more ques- further to me? concerned about piling on the compa- tions. Mr. ASHCROFT. I will not yield for a nies—I am concerned about piling on If we have to have a tobacco settle- different set of questions at this time. the consumers, or piling on the poor ment, would it not be much better to I am yielding to the Senator from Utah people of America a tax burden which force the tobacco companies to come at this time. they should not be asked to carry for back on board so we can resolve the Mr. KERRY. I thank the Chair. reasons which I think are inadequate constitutional issues and have vol- Mr. HATCH. I would be happy to—I to justify. Mr. HATCH. I agree with the Senator untary consent protocols so we can ac- do not think the Senator from Utah is and ask a final question. I apologize to tually reduce youth smoking? abusing the rules. I think I have the my colleagues for taking this time. As Mr. ASHCROFT. My view is we privilege to ask all the questions I can. everybody knows, I don’t take an awful should target to do things we can actu- I think these have been intelligent lot of time on the floor. If we are going ally do to reduce teen smoking, and we questions. I think they have been right to resolve this matter, it seems to me, have to do it in a way that is not an op- on point. I think they hopefully will and I wonder if the Senator would pressive tax burden on hard-working help to elucidate what we need to agree with me, that we have to take families, especially low-income fami- know. into consideration the approximately lies in America. Mr. KERRY. The Senator is not enti- 50 million users of tobacco products in The proposal to raise this tax to tled to make a statement. this society, many of whom are hooked $1.50, the proposal to have it at $1.10 is Mr. HATCH. Does the Senator agree on these products, or at least addicted an unacceptable incursion into the with my last statement? to them; we have to consider the chil- ability of families to provide for them- Mr. ASHCROFT. Yes, I do. dren; we have to consider using this selves. That is why I oppose this $1.10 Mr. HATCH. Now—— money for tobacco-related purposes to pass-through tax on American consum- Mr. KERRY. Mr. President, could I the utmost extent that we can. ers, particularly low-income individ- ask one administrative question of the Would the Senator agree with me on uals. Senator from Missouri? those? Mr. HATCH. Is the Senator aware The PRESIDING OFFICER. Will the Mr. ASHCROFT. I agree we have to that this Senator, the chairman of the Senator from Missouri yield for a ques- do what we can to appropriately use Judiciary Committee, has spent an ex- tion? what resources we can to reduce teen tensive amount of time studying this Mr. ASHCROFT. The Senator from smoking. issue, trying to come up with a way Missouri will yield for an administra- Mr. HATCH. I am concerned about that you can punish the tobacco com- tive question on the presumption and what is going on on the floor right now. panies while getting their consent to understanding that I retain the floor I am concerned about the managers’ the advertising restrictions, so they after the question has been asked. amendment. I am concerned about it have to live up to the deal? The PRESIDING OFFICER. The Sen- ever really working, and I imagine the Mr. ASHCROFT. I am fully aware of ator will not lose the floor upon re- Senator—and this is a question—is as the Senator’s efforts in this respect sponding to the question. concerned as I am. and say he is to be commended for Mr. KERRY. Mr. President, I will not Mr. ASHCROFT. I am deeply con- working so hard as he has. I know of no assert this, but ask the Senator from cerned, particularly about the impact other individual who has dedicated Missouri if he is aware that under the of these massive taxes on low-income himself more thoroughly to the at- rules of the Senate, and under prece- families and there ability to make ends tempt to resolve these issues than the dence of the Senate, a Senator may meet and maintain their independence. Senator from Utah as the chairman of yield for a question, a Senator may not Mr. HATCH. Despite what Michael the Judiciary Committee. yield for a statement in the guise of a Douglas said in the popular movie Mr. HATCH. Is the Senator aware of question, and a Senator may not yield ‘‘Wall Street,’’ greed is not good, and it the Senator from Utah’s long-term an- for a question proceeded by or followed is especially onerous and burdensome tipathy toward this industry? by a statement. And that under rule 194 when the greed comes from Congress Mr. ASHCROFT. Indeed I am. Every- of the Senate, either by request of the itself. one is aware of that. We could submit Senator or by decision of the Chair, a Would the Senator agree with me on that for the RECORD for which people Senator may be asked, in fact, to give that? could take judicial note. up his right to the floor and take his Mr. ASHCROFT. I agree that greed is Mr. HATCH. Is the Senator aware of seat if that rule is violated? Is the Sen- not good, and it is particularly repug- how hard the Senator from Utah stud- ator aware of that? nant when it is Government asking for ied just exactly what would be the Mr. ASHCROFT. I am aware of that. more and more from people who can af- highest amount we could charge and Mr. KERRY. I thank the Chair. ford it less and less. I think that is still keep the tobacco companies—yes, Mr. HATCH. Will the Senator yield? what we have here—those who are ask- kicking and screaming and fighting, Mr. ASHCROFT. I am pleased to ing for more and more from consumers and say they are gouged—on board to yield to the Senator from Utah for a who can afford less and less. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5165 Mr. HATCH. I want to personally pression that we were probably going The PRESIDING OFFICER. Without compliment the Senator for his work to have a vote about now on a tabling objection, it is so ordered. on the floor. I know he has taken a lot motion. Obviously, because of the ex- The Senator from Massachusetts is of time and has had to give up his of- tent of the debate and the desire of recognized. fice work and a lot of other things to both sides to speak, we will not have Mr. KERRY. I thank the Senator be able to join in this colloquy, but the tabling motion at this time. I will from Missouri very much. this is important. I believe his colloquy do so after it appears that most Mem- Mr. ASHCROFT. If there was a ques- is important if we want to understand bers on both sides have had an oppor- tion propounded to me, it was during both sides of this issue on the $1.50. I tunity to talk about the issue. I think the time when I was listening to an- want to compliment the Senator for the Senator from Massachusetts agrees other question. I need to have it again being willing to have the fortitude, the that we would not want to have a ta- propounded. dedication, and the drive to stand here bling motion since the other side has Mr. KERRY. I did not propound a and do this. not had an opportunity to speak. question yet. I was waiting for the Sen- I apologize to the rest of my col- Mr. HATCH. Will the Senator yield? ator to finish. I simply wanted to ask leagues for having taken as long as I Mr. MCCAIN. Can I finish speaking? the following. There was an effort be- have to ask these questions, but I Mr. President, who has the floor? tween the other manager and myself to think every question has been perti- The PRESIDING OFFICER. The Sen- try to have comity here so that we nent and to the point and every ques- ator from Missouri has yielded to the weren’t really operating in a strict tion has tried to enlighten, and that is manager of the bill and then, by unani- sense by asserting rights to the floor. what questions are for. That is why the mous consent, he will resume recogni- We were trying to move back and forth rules provide for it. tion. in a relatively fair manner, without I thank my colleague for allowing me Mr. MCCAIN. Mr. President, I believe any sense of trying to cut anybody off. to do this. the unanimous consent agreement ends There is no effort here to stop some- Mr. ASHCROFT. I am pleased to have when I complete my remarks; is that body from being able to speak. There is had the opportunity to answer the correct? an effort to try to share the opportuni- The PRESIDING OFFICER. That is questions. I indicated the nature of the ties with a lot of busy Senators. So correct. questions has been a very specific, par- what we are trying to do is get a sense Mr. MCCAIN. Mr. President, I ask the ticularly questions regarding a variety of the length of time, in fairness to col- indulgence of the Senator from Mis- of studies. These studies have chal- leagues who are lined up to speak. souri and the Senator from Utah until lenged the fallacious assumption that If the Senator wants to continue to I finish my remarks. I think that is a there is an automatic streamline cor- speak, that is obviously his privilege. fairly common courtesy that is ex- relation between price increase and po- He can also come back at any time and tended around here. resume speaking. We are making no ef- tential for reducing smoking, espe- We intend to have a tabling motion fort to hold the floor on this side. We cially among young people, and the on both the Ashcroft second-degree are making no effort to delay. Each of clear indication on the part of the Sen- amendment and on the underlying Ken- the Senators will speak for a brief pe- ator from Utah, through his questions, nedy amendment, and I would guess riod of time. So we are very happy to of the amount of study, efforts, inves- probably within a couple of hours we accommodate our colleagues. I simply tigation, and analysis in which he has will be able to finish the discussion on ask him if he might give us, at this engaged is the kind of analysis, inves- this side and have ample time to re- point, some indication of either when tigation, study, and questioning that spond on that side. For the benefit of he would complete this round or will refine our ability to make the my colleagues, I am trying to make whether he would be willing to allow right decision here. this process as convenient as I can for some other Senators, perhaps, to have (Earlier the following occurred and, every Member of the Senate so that a chance to also speak and then per- by unanimous consent, was ordered to they can anticipate and adjust their haps come back. We are trying to do be printed at this point in the RECORD.) schedules accordingly. I have now com- this in a fair-minded way. Mr. MCCAIN. Mr. President, I ask the pleted my remarks. Senator to yield for a minute so I can Mr. HATCH. Mr. President, I ask Mr. ASHCROFT. May I answer the make an administrative announce- unanimous consent that the remarks of question without forfeiting my right to ment. it has nothing to do with the the distinguished Senator from Arizona the floor? The PRESIDING OFFICER. Yes. issue at hand; it is so that we can pro- not interrupt our questions and re- Mr. ASHCROFT. I earlier agreed and, vide courtesy to other Members. marks. Mr. ASHCROFT. Mr. President, I am Mr. ASHCROFT. Mr. President, I ask as a matter of fact, urged you to have please to yield, with this understand- unanimous consent that the remarks of Members from your side go ahead of ing: I ask unanimous consent that at the Senator from Arizona not interrupt me. I don’t mind them having a chance the conclusion of the remarks of the the questions of the Senator from Utah to speak. When we sought unanimous consent for that, it was objected to by manager of the bill, I be allowed again in the RECORD. to speak and have my position on the I am pleased to yield to the Senator the manager of the bill. I had intended, floor. from Utah for a question. in every respect, to provide for ample Mr. CONRAD. Mr. President, reserv- The PRESIDING OFFICER. Without debate. ing the right to object. object, it is so ordered. My view is that this is a very impor- Mr. MCCAIN. Let me just do this Mr. HATCH. We were going through tant topic. I learned last night in an first. this CBO report. I apologize to the dis- announcement by those managing this Mr. CONRAD. Reserving the right to tinguished Senator from Arizona for ir- bill that there would be an effort made object, let me understand this. The ritating him. I thought he had finished to table this amendment without giv- Senator from Missouri is asking that his remarks. I always intend to extend ing a full opportunity for discussion at the end of the managers’ remarks he courtesy throughout the Senate. and that there was a time set without be recognized? Mr. KERRY. Would the Senator ex- even so much as seeking an agreement Mr. ASHCROFT. I will yield only in a tend that courtesy to me for the pur- from Senators as to how much time way that does not forfeit my right to pose of an administrative question? could be spent. the floor. Mr. HATCH. Yes. In my judgment, if you are going to The PRESIDING OFFICER (Mr. Mr. ASHCROFT. Mr. President, I re- have an $868 billion tax increase on the HUTCHINSON). Is there objection? assert my right to the floor and indi- American people in pursuit of an objec- Mr. CONRAD. I won’t object. cate that I would be pleased to yield to tive, which is allegedly the reduction The PRESIDING OFFICER. Without the minority manager of the bill for of teen smoking, but has lots of other objection, it is so ordered. purposes of an administrative question, consequences and is unlikely to Mr. MCCAIN. Mr. President, the rea- with the understanding that at the achieve the objective, we ought to at son I interrupt is that many Members conclusion of his remarks, or question, least be able to debate it. So I am very were laboring under the correct im- I reacquire the right to the floor. willing to consider full debate. I want S5166 CONGRESSIONAL RECORD — SENATE May 20, 1998 to have that on this issue. But the Mr. GRAMM. Mr. President, it is The PRESIDING OFFICER. Without managers of this bill have basically clear we are dealing with an issue of objection, it is so ordered. signaled to me that they intend to grave importance, representing tre- Mr. HATCH. I say that the distin- truncate debate, that they don’t want mendous amounts of money, with very guished Senator from Arizona may not this discussed. strong passions on the issue. And, quite appreciate this colloquy. So it was my judgment that I needed frankly, there is relatively little good Mr. ASHCROFT. If that is a question, to come to the floor and bring the evi- information about the bill. We don’t I am aware of that fact. dence with me and then speak about even know what the impact of this Mr. HATCH. I have to admit that I this bill. I intend to speak about it and amendment would be in terms of the don’t appreciate some of the colloquies say what I think needs to be said. I am cost of the product on which the tax that have gone on before, but Senators very pleased to have questions raised. would be imposed. The logical thing to have a right to do so. This is too im- But when questions are raised, obvi- do is follow the rules of the Senate. portant an issue for the American pub- ously, that comes out of the time for The rules of the Senate are very clear. lic. We need to look at the real facts on me to make my remarks. That would As long as a Senator wishes to speak, such important legislation. We are not extend the time. I think my position is or answer questions, that Senator has just trying to run any bill through be- clear. Early on, I tried to make it pos- the right to do it. cause some people want to. I think this sible for those in the Chamber to go I think, rather than interrupting the legislation deserves debate. We are ahead of me and make remarks, and process, we would all be better off to talking about price levels that will that was rejected. So if my only choice just follow the rules of the Senate. amount to huge tax increases for some is to make my own remarks, then I will On that basis, I object. American people. We are talking a bill make my own remarks. But I sought to The PRESIDING OFFICER. Objec- which does not have the cooperation of make it possible for others to speak. tion is heard. the tobacco companies, thus raising se- Mr. KERRY. Mr. President, without Mr. KERRY. Mr. President, par- rious constitutional questions. the Senator losing any right to the liamentary inquiry: Is it not a rule of (End of earliest proceedings.) floor, I ask if I may ask a question. the Senate that one may ask for unani- Mr. ASHCROFT. Mr. President, I am Mr. ASHCROFT. With the under- mous consent and, in asking for unani- deeply troubled about the fact that we standing that I reacquire the floor at mous consent, we are following the are, in this process, taxing American the conclusion of the question, I would rules of the Senate? families and taxing those American be happy to yield. The PRESIDING OFFICER. The Sen- families who have very limited income. Mr. KERRY. Mr. President, I ask my ator is correct. Fifty-nine point four percent of the colleague if he would agree to the fol- Mr. KERRY. I thank the Chair. $755 billion that my amendment would lowing structure then. The PRESIDING OFFICER. Objec- take out of this bill, which are taxes on Would it be agreeable to the Senator tion was heard. consumers—59.4 percent of that is to be from Missouri, since he and the inter- The Senator from Missouri has the paid by families with incomes of less cessions of the Senator from Utah have floor. than $30,000. If you move it up to the now taken up about an hour and 15 Mr. HARKIN. Mr. President, will the $60,000 level, you are talking abut al- minutes, if we were to have perhaps 45 Senator yield for a unanimous consent most two-thirds of the people, hard- minutes or an hour for those on our request? working families from our culture, who side to speak, with the understanding Mr. ASHCROFT. I will yield with the struggle to put clothing on the backs that when they are finished the Sen- understanding that my right to the ator from Missouri would then be rec- of their children and the right kind of floor is not forfeited to the Senator ognized to again continue his remarks? food on the table. Mr. ASHCROFT. I would like to let from Iowa. There is a suggestion by some that the Senator from Utah finish his line of PRIVILEGE OF THE FLOOR they can just stop smoking automati- questioning, and then I would be agree- Mr. HARKIN. Mr. President, I ask cally. If they are going to stop smok- able to such. unanimous consent that Michele ing, why are we counting on the Mr. KERRY. Again, without the Sen- Chang, a detailee to my staff, and money? We are counting on receiving ator losing his right to the floor, I pro- Peter Reinecke and Sabrina Corlette of almost $1 trillion over the next 25 pound a question. How long does the my staff be granted floor privileges for years from these folks, and it is predi- Senator from Utah think that might the duration of the consideration of cated on the idea that they can’t stop be? S. 1415. smoking. If it were a switch that we Mr. HATCH. Am I entitled to speak? The PRESIDING OFFICER. Without could flip on and off, perhaps we would I don’t think it will be too much objection, it is so ordered. go find the switch and do it. But that longer. But I would like to go through Mr. HARKIN. I thank the Senator. is not what we are talking about. We my questions. I am not intending to Mr. CONRAD. Will the Senator from are talking about taxing individuals delay here. This is a very large bill, Missouri yield for a question? who don’t have any elasticity of de- perhaps the largest the Senate has ever Mr. HATCH. If I could continue—— mand. considered, at least in recent memory. Mr. ASHCROFT. I would like to yield There has been a lot of talk about We need to question its full impact as to the Senator, but I am in the midst the elasticity of demand, economics— we proceed. That is the right way to of yielding for questions to the Senator that if you elevate the price, the de- make policy on such an important from Utah. I want to persist in that mand will go down. If people are ad- issue. line of questioning. So I reassert my dicted, they can’t stop, so they have to Mr. KERRY. Again, I ask the ques- right to the floor. pay. That is these folks here—59.4 per- tion without the Senator losing his If the Senator from Utah was asking cent of the individuals paying this tax right to the floor. Could we then enter me a question, I would ask him to re- will be individuals making under into an agreement that I ask unani- quest that I yield for the purpose of a $30,000 a year. mous consent that when the Senator question. Americans are working longer and from Utah has completed his series of Mr. HATCH. Will the Senator please harder than ever to pay their taxes. questions to the Senator from Mis- ask unanimous consent that the col- The number of moms and dads, two souri, that at that time there be 1 hour loquy not be interrupted? parents in the family, both working; or allocated to this side of the aisle, to Mr. ASHCROFT. I ask unanimous in single-parent families, obviously, the Democrats, for their debate, at consent of the Presiding Officer that the only parent is working—we are which point the Senator from Missouri our colloquy not be interrupted by taking more and more of their re- would again be recognized to resume these other proceedings, and that the sources. We take now more of the in- his comments? other proceedings be printed suitably come of the American people than ever Mr. GRAMM. Reserving the right to at the end of the questioning. before in taxes. We are at peace, we are object, Mr. President. Mr. MCCAIN. Reserving the right to in prosperity, but still, Government is Mr. PRESIDING OFFICER. The Sen- object, I certainly wouldn’t want to in- costing more than ever before. We have ator from Texas. terrupt that important colloquy. charged so much for Government, we May 20, 1998 CONGRESSIONAL RECORD — SENATE S5167 are finding we have a $43 billion sur- that they are no longer sort of visible. stop smoking. I will get to that next. plus. CBO says it might be up to a $63 We have gone from unaccountability to Here it is. The kind of tax increase, if billion surplus. anonymity. That will not cure things. you are making under $10,000 a year, is What are we going to do? Instead of This huge tax increase would be levied 44 percent. We are not really tax in- giving people their money back, in- against those who are least capable of creasing anybody since most smokers stead of saying, ‘‘You send it, we spend paying. are concentrated in this part of the it,’’ we should be saying, ‘‘You earned According to the Congressional Re- graph. Low-income people are going to it, we returned it.’’ No, we are not search Service, tobacco taxes are per- pay the lion’s share. They are going to doing that. Where are we going with haps the most regressive tax that is have very significant increases in their this? We are inviting another $868 bil- levied in America. It is a tax that hits tax load. lion of burden on those who can least poor people the hardest. And we are Now, some Members were critical afford to pay it. It is just incredible. discussing what we want to do with about the statement that this is a huge We should be debating how to return that $868 billion of additional burden tax increase on low-income people. It the money to taxpayers, not how to si- on the poor. About 60 percent of this was stated that I was assuming that phon more out of their pockets. As cur- tax increase would fall on families they would be irresponsible and not rently drafted, the proposed tobacco earning $30,000 a year or less. Those take care of their families’ needs. I am bill is nothing more than an excuse for earning less than $10,000 a year make not saying here that anybody is irre- Washington to raise taxes and spend up only 10 percent of the population, sponsible. I do think that the Govern- more money. but 32 percent of those people smoke. ment has frequently been irresponsible. I might add that earlier I sent to the So the current tobacco tax represents 5 It is irresponsible to take this much of desk a modification of the amendment percent of the smokers’ income in this the income from people who are trying making technical changes. That does category. to clothe their families and feed their not require anything. I want to indi- This would take from the people who families. cate to the Senate that I had done so, are struggling to make ends meet, The revenue assumptions in this bill and it doesn’t require action. making $10,000 a year, 5 percent of are based on the fact that most people This proposed increase in Govern- their income. That is really a pack-a- will continue to smoke. You can’t have ment and taxes is the biggest proposed day habit we are talking about. We are it both ways. You can’t say that people increase since President Clinton’s pro- not talking about a two-packs-a-day are going to suddenly stop smoking; posed increase on health care. My own habit. If they have two packs a day, it you can’t say that and still say you are sense is that it took a while for the is far more than 5 percent of $10,000. going to spend the money and collect people of the country to realize what Those making between $10,000 and the money. This is basically a tax, a the Federal takeover in health care $20,000 a year are only 18 percent of the tax that relates to the increase in the population; however, 30 percent of was going to do to this country, when price of cigarettes, a tax that passes them smoke. The current tobacco tax the American people figured out what money from low-income, hard-working would take a real chunk—2 percent of it was going to cost. And when the Americans to big Government in Amer- the smokers’ income—in that category. American people understand that this ica so the Government can do a wide This bill amounts to a tax increase on isn’t a penalty on the tobacco compa- variety of things. nies, this $755 billion that I want to 31 percent of Americans who earn Frankly, I think some of the things knock out of this bill isn’t something under $20,000 a year. that this proposes to do are literally So among those who are the poorest that the tobacco companies will pay, laughable. Some of the programs that of our hard-working Americans, who this is something consumers will pay. are in this bill are designed to curtail are low-income, they are the people The law specifically forbids a tobacco smoking overseas. So we are going to who really get hit with this. And 31 company from passing this on to con- percent of all people making less than tax low-income Americans, folks who sumers. There is a mandatory rule that $20,000 a year are the individuals who are struggling at $10,000, $15,000, or this can’t come out of the profits of to- are going to be sustaining this tax bur- $20,000 a year to make ends meet; we bacco companies. This can’t come out den. Households earning less than are going to take money from them of their retained earnings. This can’t $10,000 a year will feel the bite of this and go overseas and run antismoking come out of their capitalization. This tax increase most of all. campaigns. Now, in my judgment, that has to be imposed on the backs of these The Joint Committee on Taxation es- is a very, very serious disconnect with workers, these folks who are making timates that these households, those what we are supposed to do. We are under $30,000 a year, these additional earning less that $10,000 a year overall, supposed to make it possible for Ameri- folks making under $60,000 a year. would see their Federal taxes rise by cans to live decently and independently Here we could have an additional 17 44.6 percent—44.6 percent. Those mak- and provide for their children, to have boards and commissions. There is the ing between $10,000 a year and $20,000 a a framework in which Government at statute: ‘‘Payments to be Passed year make up 18 percent of the popu- least lets them enjoy the fruits of the Through to Consumers’’—not payments lation; 30 percent of them smoke. In things they labor to produce; and if we to be endured or suffered by the to- most areas of the country, somebody don’t do that, it seems to me that we bacco companies. But these are pay- earning $10,000 a year is well below the obviously have failed. ments to be undertaken by poor fami- poverty line. But here we come. We are I don’t believe we should be taking lies. Three packs a day, $1,600 a year— so interested in additional revenue, at money from hard-working, low-income that is what they are asking for, $1,600 a time when we have surplus, that we Americans and putting it into a foreign a year off of the tables, out of the are willing to sock it to those who are aid system that tries to tell people on houses, out of the budget for the chil- low-income individuals. the other side of the world how they dren in these families. That is what We spend much of our time in this should act and what they should do. If this is a law about. This is a law that body trying to find solutions for those I believed that everybody would quit would take an enormous amount of re- in this income bracket. We have tax smoking, the impact of this bill obvi- sources from the families of America. credits; we have welfare programs; we ously would not be so significant be- They are already paying taxes that are have educational grants; we have job cause it would not be a tax. But it is virtually out of sight. They are already training programs. They cost us bil- clear that there will be a tax, and there paying taxes for more than food, cloth- lions of dollars a year. We try to lift is a predicated set of receipts that is ing, shelter, and transportation com- people in those low-income brackets going to run between three-quarters of bined in this country, and we are going out of their problems and difficulties. a trillion dollars and a trillion dollars. to add to the poorest of the poor this However, today, Members of this body Everyone in this Chamber, the admin- incredible burden. Seventeen boards, are enthusiastically saddling them istration, and health officials are mak- commissions, and agencies—they say with a huge, huge tax burden. In fact, ing the assumption that people will they have been removed from the legis- some are even trying to make it worse. continue to smoke. lation. The bureaucracies envisaged by It is pretty clear that some people As currently drafted, this legislation the bill will still be there; it is just have come and said that people will will cause somebody who smokes two S5168 CONGRESSIONAL RECORD — SENATE May 20, 1998 packs daily to pay the Government an first meaningful tax cut since 1981. The to rest now and forever. This is a tax. additional $803 a year. A lot of families tobacco tax increase would more than It is a compulsory payment made at could take a vacation on $803. A lot of erase that relief. We need more tax re- the point of sale for the benefit of gov- families could buy additional clothing. lief, not less. If we have the increase ernment. In this bill we have compul- A lot of families could afford courses at that is proposed here, it will totally sory payments by the industry. a junior college to change their skill erase the relief we gave last year. The The bill then requires the cost of levels and upgrade their jobs. A lot of tobacco industry tax, then, proposed in these payments to be passed on as price families could care for a relative or this bill is not a tax on the industry. It increases to consumers, and even pe- otherwise do something that we need is a tax on the consumers. It would nalizes companies if they fail to collect to get done rather than send this more than erase the relief we gave this tax. Payments are used to fund money to Washington, DC. That is $803 them last year. massive programs for Federal and for somebody who smokes two packs a The tax relief date has now set a State governments. It has been said day. For a family smoking three packs record of May 10. People work longer that industry is the group that is con- a day, it is even more. this year for the Government than ever vincing people this is a tax bill. Frank- My amendment would prevent that before. Federal, State, and local taxes ly, industry couldn’t make this a tax from happening. My amendment sim- claim 37.6 percent of the income of a bill if it weren’t a tax bill. Frankly, ply says we are not going to punish the median two-income family in 1997, this body cannot keep it from being a American people for that which the to- more than the couple spent on food, tax bill if the language of the bill is bacco companies have done; we are not and shelter, on clothing, and transpor- really taxing. What we know is that going to hurt the hard-working Ameri- tation combined. the Senate can’t keep it from being a cans of low-income as a means of ob- During Bill Clinton’s first 5 years in tax if it is really a tax by calling it jecting to the abuses of big tobacco. office the Federal Government col- something else, and industry couldn’t Moreover, as currently drafted, this lected 19 cents in taxes for every dollar make it a tax by calling it a tax. The legislation allows the tobacco compa- increase in the gross domestic product. truth of the matter is it is an elevated nies to deduct the mandatory pay- According to the Joint Economic Com- price required to be collected, the pro- ments that are ultimately to be paid mittee, the Federal Government is now ceeds of which go to support govern- by consumers as regular business ex- taking a higher share of economic ment. penses. Over 5 years, that kind of growth than under any President in re- The supporters of this bill claim this writeoff would be worth about $36 bil- cent history. The Joint Economic Com- legislation is needed to curb teen lion in the tobacco industry. So if we mittee continues, The average rate smoking. ‘‘Do it for the children’’ is all we hear. But this bill is about big gov- are giving a tax break to the tobacco during the entire era before Clinton ernment, not about protecting the industry that is going to be worth $36 from Presidents Eisenhower to Bush health of young people. It is about billion to them over 5 years, and part was 19 percent. Obviously, the Federal more bureaucracy. It is about more of that comes as a result of the fact Government has yet to reject the idea Federal programs. It is about higher that we are taxing individual consum- that it can just tax and spend and tax ers, I think that is really unfair. taxes, new bureaucracy. and spend. The bill reported out of committee Let’s take a second to understand The PRESIDING OFFICER. The this. In this legislation that is sup- contained 19 new boards, commissions, Chair notes that you wanted to modify and agencies—17 new boards, commis- posed to be so tough on the tobacco in- your amendment. Is that correct? sions and agencies—a blatant expan- dustry—and, frankly, the tobacco in- AMENDMENT NO. 2427, AS MODIFIED sion of government claim under imme- dustry participated in formulating al- Mr. ASHCROFT. That is correct. I diate and harsh criticism. What hap- most all of the basic components of modify my amendment which is at the pened? We have a claim that the bu- this legislation—the companies act as desk, which is technical in nature. reaucracy has been eliminated. But is a tax collector by sending the U.S. The PRESIDING OFFICER. The it really? I don’t think that it is really Treasury $102 billion over the next 5 amendment is so modified. eliminated. I think the names have years. Then they get a tax deduction, The amendment (No. 2427), as modi- been changed. But the same tangled and they cost U.S. taxpayers—all tax- fied, is as follows: mess as this chart represents still ex- payers, whether they are smokers or In lieu of the language proposed to be in- ists in this bill. not—$36 billion in lost revenues be- serted insert the following: This is the structure of the National cause of the tax deduction. CERTAIN PROVISIONS RELATING TO AMOUNTS Tobacco Policy and Youth Smoking What you get here is a subsidy IN TRUST FUND NULL AND VOID.— Reduction Act that was reported by the through the back door. They send in Notwithstanding any other provision of Senate Commerce Committee on the $102 billion they collect from people law, the following provisions of this Act 1st of May 1998, just a couple weeks and then they get $36 billion of it back shall be null and void and not given effect: ago. This is a complicated set of ex- as a tax break for the company. I think (1) Paragraphs (1) and (2) of Section 401(b); tremes. I might add that these are that is a particularly anomalous re- (2) Section 402(a); and funding extremes. Money is flowing (3) Sections 401 through 406. sult. That is a result which we cer- like a flood. The bureaucracy is still in tainly do not really want to have. They Mr. MCCAIN. Parliamentary inquiry, this bill. It is just more anonymous, collect money from poor, hard-working Mr. President: Does that last request less visible, less accountable. The Americans, turn it in, and when they require a unanimous consent? names may have been changed, but it turn it in they get a tax deduction of The PRESIDING OFFICER. It does is still the same animal. $36 billion. not require a UC. Let’s look at the whole chart. Here Before we consider passing a massive Mr. MCCAIN. Thank you. we have the International Tobacco tax increase, it should behoove us to Mr. ASHCROFT. Mr. President, I Control Trust Fund. Interesting. The review the government’s record thus thank the Chair. International Tobacco Control Trust far in respect to taxes, spending, and Members of this body have been argu- Fund, foreign aid grants to support to- government employment. Where have ing over the past few days that there is bacco control. The international pro- we been recently in terms of tax in- no tax in this bill. In fact, the Finance gram is still here. I will talk more creases, in terms of spending? In Wash- Committee, in its mark, at least tried about it in a minute. ington, taxes and spending are the only to level with the American people by The Tobacco Asbestos Trust Fund, things more addictive than nicotine. reporting out a bill that calls it a tax. $21 billion allows payments to be made Policymakers in Washington think For a long time this was sailing under for asbestos claims when Congress en- they know better how to spend the a sail which was mislabeled. Webster’s acts qualifying legislation. Payments money of families than American fami- Dictionary defines a tax as a compul- will be made out of the tobacco trust lies do. sory payment, usually a percentage fund for the 22-percent set-aside for In the 15 years prior to 1995, Congress levied on income, property, values, public health expenditures. passed 13 major tax increases. Last sales prices, et cetera, for the support Compliance bonuses for States: Here year’s Taxpayer Relief Act was the of government. Let’s lay this argument it is. It is still in there. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5169 Research activities for CDC, Insti- eign countries—enhance foreign coun- ities which are designated to existing tute for Medicine, and NIH are still in tries’ capacities to collect, analyze, entities are already existing programs there. and disseminate data about the cost of and existing efforts? Most of the re- State licensing program grants are tobacco use. quirements, whether it is money in still in there. We are going to fund foreign coun- public health, money in farmer com- The National Tobacco Free Edu- tries so that they can have studies on munity assistance, or health research, cation Program is still on the chart. how much it costs to use tobacco. And they are all ongoing programs, but The Indian tribe enforcement bu- we are going to do that by taxing low- that this augments their ability to be reaucracy is still there. income people. Sixty cents out of every able to achieve the goals of existing The Indian tribe public health grants dollar in this program is going to come programs? are still in there. from families with less than $30,000— Mr. ASHCROFT. I understand that Counteradvertising programs are low-income individuals, less than some of these programs are already still in there. $30,000. How much money will this programs which are undertaken, but The prevention of tobacco smuggling cost? not even close to the extent that this measure is still in there. Mr. KERRY. Mr. President, will the bill mandates—thus expanding the al- Veterans programs are still in there. Senator from Missouri be willing to ready oversized Government bureauc- The National Tobacco Document De- yield for a question? racy. I also understand that what we pository is still here. The PRESIDING OFFICER. Will the have here is a pot of money that we Smoking cessation programs are Senator yield for a question? think we can generate by taxing the here. Mr. ASHCROFT. I will for a question. lowest-income, hardest-working poor Child care development block grants Mr. KERRY. Mr. President, I would people in the country. And what we are are still there. ask the Senator from Missouri whether going to do is to start spending more We are going to be taxing those low- he is aware that the chart that he has money for these overseas studies, and est income families to provide addi- there is the representation of the bill we are going to put 60 percent of that tional child care for others. when it came out of the Commerce additional money that comes out of Tobacco community revitalization, Committee, not of the managers’ this additional $868 billion tax—$6 out this is the tobacco farmer; very serious amendment, and that under the man- of every $10 is going to come out of the questions about this particular portion agers’ amendment all bureaucracies pockets of Americans earning less than of the bill. were, in fact, eliminated and only three $30,000 a year. That is really troubling The Senator from Texas talked about existing entities exist? I wonder if the me. the so-called Tobacco Community Re- Senator is aware that there are only Mr. HUTCHINSON. Mr. President, vitalization Program. He brought out, three entities. will the Senator from Missouri yield as a matter of fact, on the floor yester- Mr. ASHCROFT. As a matter of fact, for a question? day the fact that he priced tobacco al- I have been speaking about that. I indi- Mr. ASHCROFT. I am pleased to lotments per acre. It could be pur- cated that this was the chart and these yield for a question, understanding I do chased for about $3,500 or $3,600. Then functions remain. But very frequently, not yield the floor. he indicated that the payment envis- instead of the bureaucracy still being Mr. HUTCHINSON. I presided the aged here was a multiple of about five there and labeled and identified, you previous hour, and I was fascinated by times that high. have a transfer from the bureaucracy some of the information that the Sen- The international programs, which I to something that you just ask the ator has been providing our colleagues mentioned, are kind of interesting. The Secretary to do. and the American people. Did I hear committee bill contained the American For instance, I have just been talking the Senator correctly that 60 percent Center on Global Health and Tobacco, about the transition from the inter- of the increased taxes in the base bill which was authorized to receive $150 national tobacco control trust fund, would fall upon lower-income Ameri- million a year so that we could sort of and in its place the new bill has ‘‘the cans? be influential overseas with our policy Secretary of Health and Human Serv- Mr. ASHCROFT. Well, people who on tobacco. ices is authorized to establish.’’ So in- earn less than $30,000 a year would pay, We want to tax the lowest income stead of actually establishing, you just according to the estimates, 59.4 per- families in America. We want to tax authorize that a bureaucrat establishes cent. So I don’t want to inordinately hard-working people, increase their it. You get it out of the bill, but you suggest that it is a full 60. It is 59.4 per- taxes. My amendment would delete $755 still have it in terms of consequence, cent of those taxes would hit people billion in taxes on these individuals and you still have all the money avail- who earn less than $30,000 a year. contained in this bill. able to be spent for the same purposes. Mr. HUTCHINSON. For my benefit, This bill is designed to fund things That is my understanding of what how much in the base bill would a pack like the American Center on Global has happened here, and you are going of cigarettes increase? Health and Tobacco. The center is not to have $35 million each year for the Mr. ASHCROFT. Well, in the base to be found in the managers’ amend- first 5 years, and then such funds as bill it has been suggested that the in- ment. In its place, the Secretary of may be necessary for these inter- crease in the cost of a package of ciga- Health and Human Services is author- national activities. So I am aware of rettes would be about—total increase ized to establish an international to- the fact that the bureaucracies were would be about $2.68 at a minimum. bacco control awareness effort. So in- taken out of the bill ostensibly, but I That includes all the things that are in stead of having this agency sort of be am also aware of the fact that what the bill. The $1.10 which is the man- out there created by the statute, we you let go out the front door it looks dated price increase, by the time it have just authorized the bureaucracy to me like you bring back in the back works its way through the system, to create a new agency. The Secretary door, because the Secretary of Health would be about a $2.68 increase in the of Health and Human Services is au- and Human Services is authorized to price of cigarettes. thorized to establish an international establish—it is not in the bill anymore, Mr. HUTCHINSON. Two dollars and tobacco control awareness effort. but the Secretary of Health and Human what? Now, here we have to remember—we Services is authorized to establish an Mr. ASHCROFT. A $2.68 increase. are taxing American low-income fami- international control awareness effort, Mr. HUTCHINSON. Would the con- lies to do this—59.4 percent of all the and that is basically for the same pur- sumer buying a package of cigarettes taxes that go to establish this inter- poses. actually see the price go up that much? national program on tobacco awareness Mr. KERRY. Mr. President, will the Mr. ASHCROFT. Yes. I would say it are going to come from families mak- Senator further yield for a question is fair to say they would be seeing that ing less than $30,000 a year. What is without losing his right to the floor? increase in terms of the consequences this new effort required to do? One, Mr. ASHCROFT. Yes. of the bureaucracy in this bill. support the development of appropriate Mr. KERRY. Is the Senator not Mr. HUTCHINSON. For a family of governmental control activities in for- aware that each of those responsibil- three, let’s suppose, a mom and dad S5170 CONGRESSIONAL RECORD — SENATE May 20, 1998 and a child, in which one or both dle income families, some people could Mr. HUTCHINSON. Am I correct in smoke two packs a day between them loose their health insurance, end up on understanding that this would be a or separately—but two packs a day— Medicaid conceivably? massive transfer of wealth from the then we are taking $5 a day, $1,500 a Mr. ASHCROFT. Obviously, they lower-income Americans to citizens— year, away from their consumable in- could be forced into all kinds of reli- people who are not even citizens of this come. Is my math approximately cor- ance on outside sources. With the country? rect on that? stress that would happen to a family Mr. ASHCROFT. Most certainly. It Mr. ASHCROFT. It would include the that lost $100 a month by virture of would be taking money from low-in- current cost of the cigarettes. We are this kind of massive Federal tax on the come Americans and transferring what talking about a two-pack-a-day thing. family, who knows what happens even resource they have to provide for their It is really about, the increase is in the way the family is composed in a families, a significant portion of it, and about—you are right, as a matter of setting like that because financial sending it to foreign governments so fact. stress is a big part of the challenge to they can conduct studies about what Mr. HUTCHINSON. So even with a families generally. This is an anti-fam- the costs of smoking are in their cul- $1.10 increase, we are looking at better ily measure. This takes from families a ture. than $2 a day, or a $600, $700 increase? very serious proportion of the re- Mr. HUTCHINSON. Am I further cor- Mr. ASHCROFT. Yes. At $1.10 a day, sources they use to care for one an- rect that the States that have low per 365 days would be about $400, and for other. And when we say that Govern- capita income—because almost 60 per- two packs, that would take it to $800. I ment wants this money so badly it will cent of this will fall on those earning think it figures out to $803, if it is just take it from you, and we know you are under $30,000 a year, States like Arkan- at $1.10 on the increase. going to pay it because you are ad- sas, which is ranked in the lower 5 or 10 Mr. HUTCHINSON. I did a little focus dicted and can’t stop, we have really percent of income in the Nation—that grouping in Arkansas where I just allowed the greed of Government to this would fall disproportionately upon asked people—one lady had six chil- overtake us. And to say to families, it those lower-income States? dren, five of whom smoke. They are be- doesn’t matter about you, we are so in- Mr. ASHCROFT. Obviously. You tween the ages are 35 and 40, grown terested in doing what we want to do— know, 60 percent of all these sums are children. I asked her would they quit and it does shock me that we are going going to come from people who earn smoking if it went up $1.50 a pack. She to spend this money overseas, keeping less than $30,000 a year. So States that laughed. She said, ‘‘No, they won’t. data about the costs of smoking over- have a high population that earn in the They are addicted, and they wouldn’t seas. I just can’t imagine how many category of less than $30,000 year are do it.’’ folks in Arkansas or my home State of going to be paying far more of this Mr. ASHCROFT. My view—and I am Missouri, who are earning $30,000 or pleased to have the question—my view than the other States which have high- $10,000 or $15,000, would want to make income individuals and are not so pop- is, this bill is predicated on the idea these kinds of payments so they could that people won’t quit. If this bill were ulated by individuals who smoke. keep track of the costs of smoking in Now the real correlation is, if you predicated on the idea that people foreign jurisdictions. That is mind-bog- would quit, we would not have the big smoke, you are going to pay this in- gling. crease in taxes. It turns out that smok- numbers and the big money to pass Mr. HUTCHINSON. If the Senator around. We are assuming that these ing is the custom, is the choice—I will yield for a further question? think it is a bad one; I have never people who earn less than $30,000 a year Mr. ASHCROFT. I will yield for a fur- are strapped in the habit of smoking, thought smoking was a good choice—it ther question. is the choice of people who are low-in- can’t quit, and therefore we are going Mr. HUTCHINSON. Last weekend I come, and it is something they feel to be able to have $868 billion of their read a 35-page summary of the 750-page they choose to do. It just astounds me money over the next 25 years. original bill, but with the changes that that only in Washington, DC, is a bad Mr. HUTCHINSON. If I could ask the have been envisioned—and the Senator choice made by free people the basis Senator from Missouri, if a family is has mentioned this in his remarks making $30,000, with children—and —how much would be going overseas for taxation. People are free. We haven’t suggested there are many of those in Arkansas, for smoking cessation and education they are not free to make this choice. many, many, tens of thousands—as- programs overseas? How much was We just want to make it hard. We are suming the budget is tight already, that? they are having a hard time making Mr. ASHCROFT. The bill, I think, apparently willing to make it hard for ends meet, that every dollar is already provides that there are $350 million for those people, and we are willing to do spent, where then would you anticipate each of the first 5 years. And then, that in order to fund overseas pro- them cutting back to pay that addi- after that, there would be ‘‘such sums grams. tional tax for cigarettes that is envi- as may be necessary.’’ Mr. HUTCHINSON. Of course I appre- sioned in this proposal? Mr. HUTCHINSON. Did I hear the ciate that. I don’t smoke. I have never Mr. ASHCROFT. Families have a Senator correctly in describing this as taken any money from any of the to- tough decision where they cut back, a kind of foreign aid bill, at least to bacco companies. I know anybody who but I imagine it would hurt virtually some extent? objects to this bill will be portrayed as everything they do in some measure. I Mr. ASHCROFT. We are paying for being a defender of tobacco companies. doubt if they would take it all out of governments overseas. We are paying I have never taken any. one area. For instance, I don’t think for someone else’s government, for But my question for the Senator they would stop driving their car, and their studies overseas. We are helping would be. Has there been any study as I don’t think they would stop eating. foreign governments decide how costly to what kind of fiscal impact this They can’t do that. But I think vir- it is for their citizens, I guess. I don’t would have on State and local govern- tually every aspect of their existence. know if this is an idea to make sure— ments? And is there a potential of it If you are talking $800, $1,200 a year, we want people overseas to make sure undermining the revenue base that $100 a month, for instance, on three they realize how much it is costing local governments would have because packs a day, if you take that $100 of a them to smoke? of the increased taxation at the Fed- month out of the budget of low income I think we have a responsibility to eral level? families, we may drive some of them people in this country, who know how Mr. ASHCROFT. There are some in- into dependency. And that is last thing much it is costing them to live, to let teresting things that come as a result government should do is make it hard them keep some of the money they of this proposed tax increase. for people to provide for their families. earn so they can help their families. No. 1, it would mean that the Federal We should be finding ways to make it But the $350 million a year that goes Government profited more than any easier for people to provide for their into this program is something that I other entity or institution from smok- families. seriously question whether we want to ing in this culture. We would have Mr. HUTCHINSON. With this very tax the lowest income people in Amer- more benefit from smoking than any of dramatic tax increase on low and mid- ica in order to achieve. the companies would in profit. So the May 20, 1998 CONGRESSIONAL RECORD — SENATE S5171 Federal Government would become the As I indicated, some of these bu- me make it clear. It currently is illegal No. 1 beneficiary of tobacco use in the reaucracies are relabeled and they are for a minor to purchase tobacco prod- country. not constituted independently any- ucts in every State of the Union. How- No. 2, if there is a serious black mar- more. Some of these are constituted ever, Congress is now establishing a ket problem with contraband ciga- only by virtue of the fact that they are program of bureaucracy to reward re- rettes, then that changes a number of authorized for a Secretary, a Cabinet tailers for following the law. I think it calculations. One of the things it will Secretary, to appoint. But, by and is pretty clear that this is the kind of change is, if people go into the black large, in the grand scheme of things, double whammy that Government too market on cigarettes sales, they not this is a situation where the money frequently has. It is against the law in only don’t pay their Federal tax, which goes; it does not come. And the money the States for retailers to sell ciga- is this additional $1.50 that is being —there is no specific indemnity for in- rettes to youngsters, and now we are proposed here today per pack, but they dividuals who are the people who are going to have a special incentive pro- will also not be paying the State tax. hit by this tax. I know of nothing in gram paying large amounts of money, You can’t imagine some contraband this bill that says, for people who have up to $100 million a year, if the retail- person saying, ‘‘We are going to go a very serious consequence as a result ers will only abide by the law. ahead and pay all the State taxes on of this tax, we are going to mitigate it Mr. INHOFE. Will the Senator yield? these contraband cigarettes, but we are in some way. It is simply not there. Mr. ASHCROFT. I will be happy to not going to pay the Federal tax.’’ Frankly, we have to be honest. The yield to the Senator from Oklahoma So it might well be if the black mar- proponents want to impose this tax to for a question. ket develops a sense of intensity and make it very difficult for people to Mr. INHOFE. I was presiding the there is a substantial velocity in the smoke. But for people who are ad- other day, and I want to make sure I black market, that money which had dicted, it will be more difficult for understood you correctly. You drew a previously been paid to States by ciga- them to stop. And that is why they can relationship between our tax reduc- rette marketers, that money from presume that we will be collecting tions that we were able to pass last those packs that are no longer being these hundreds and hundreds and hun- year that we all went home and were so sold in the open market but are being dreds of billions of dollars. proud of—and we are talking about the sold in the black market, States could Mr. HUTCHINSON. I thank the Sen- child credit, and we are talking about lose that revenue stream which they ator. the estate tax changes, relating that to now have from the legitimate sale of Mr. ASHCROFT. Mr. President, I the tax increase under certain assump- cigarettes. thank the Senator from Arkansas for tions. I would like to have you repeat It should be noted that there is al- the kinds of inquiries that he raised. that for my benefit. ready a black market problem in ciga- They go right to the heart of the issue. Mr. ASHCROFT. I think the facts are rettes because of different State levels This tax is focused on the lowest-in- these: That this massive tax on poor and just because the tax is so high. people in the United States would more come individuals in the United States, This would probably—frankly, it might than wipe out the entire tax cut passed people who have the least capacity to serve to make millionaires out of some last year, and that is at the assumption pay. Frequently, people making in the people who are already dabbling in the level of $1.10 a pack—not at the as- $30,000 range will be young people. black market for cigarettes. sumption level of $1.50 a pack, which is They haven’t gotten their incomes up Mr. HUTCHINSON. If the Senator the Kennedy proposal. will yield for one final question, as I high. They are the people with children I want to make it clear that I am listened to his comments, they re- in their families, so they need to be against the $1.10-a-pack increase, not flected my own feelings—his concern able to provide for those children. They because it is an increase on the tobacco about low-income Americans. It struck need to be able to make sure they are companies, but precisely because it is me that those who have professed to be cared for. They need to try to start not. This is not a tax or an injury to the greatest defenders of the poor are putting something away so those kids the tobacco companies; this is some- those who seem to be the proponents of can someday go to college. Instead of thing that is required of the consumer. this massive tax increase upon working allowing them to put something away, What I am saying is that we would poor Americans. But the Earned-In- we are going to take something away. collect so much money—even at $1.10 a come Tax Credit Program is a program For a two-pack-a-day family, that is pack—from people that it would to- designed to assist those who are work- $803 we are going to take away. Pardon tally erase last year’s tax relief. ing Americans, low-income working me, that is under the $1.10 figure; that Mr. INHOFE. If you will yield fur- Americans, to prevent them from fall- is not under the $1.50 figure. For a ther, you are talking about the child ing into dependency and being on the three-pack-a-day family, that will take tax credit, you are talking about the welfare system. you over $100 a month we are going to education incentives, the estate and Is there anything in this base bill take away so that the family can’t put gift tax reductions, the IRA exemp- that would, in a sense, compensate it away for when they have needs. Fre- tions, the corporate AMT reductions— those low-income working Americans quently, in many of these families, all of these would be offset in terms of who are going to see this very confis- they are not in a position to put any- a tax increase? catory tax imposed upon them through thing away. These are families lit- Mr. ASHCROFT. The family kinds of this dramatic increase in the price of erally making it from check to check, things, the capital gains sort of cigarettes, to assist them in reforming and we are intending to come in and things—these are the things that would the EITC Program or in some way off- make this kind of substantial demand be totally wiped out by the additional setting these additional taxes that on them. collections which would be mandated they will be paying? Or is this an abso- The bill requires States to have mas- under this bill. They are mandated lute, real loss of consumable income sive licensing schemes for retailers that they be collected from, basically, for those who are most poor in our so- who sell tobacco products. So there the poorest people in the culture—60 ciety? will be significant new bureaucracies percent, basically, under $30,000. It Mr. ASHCROFT. This is a very good at the State level. These are just exam- would mean that over time, over the question. I thank the Senator for ask- ples of bureaucracy in this bill. I want last 2 years, we would have had a tax ing it. These are hardworking people, to mention that just once more. One of increase not a tax decrease. struggling. They get up early in the the strongest aspects of this bill is the Mr. INHOFE. If you will yield fur- day, work late at night, sometimes States will be eligible to receive a total ther, I think so often we talk about the rely on friends and relatives to help of $100 million a year in compliance fact that 54 percent of the taxes would care for their children. Sometimes grants if they reach a certain level be paid by people with incomes under they can afford day care; sometimes where kids are unable to purchase to- $30,000 a year. We forget sometimes to they can’t. But, basically, this is a bill bacco products. mention that only 3.7 percent of the which says we are going to take their Then it requires States to give out tax will be borne by those with in- money and we are going to spend it in part of those funds to retailers with comes over $115,000, which I think is this kind of bureaucracy. outstanding compliance records. Let very significant. S5172 CONGRESSIONAL RECORD — SENATE May 20, 1998 I ask you this question since you rep- for them—shutting down their liabil- Mr. INHOFE. I thank the Senator for resent the fine State of Missouri and I ity, cutting it off. I think it is wrong to yielding. represent your neighboring State of say that there is a certain amount that Lastly, I just ask if your office has Oklahoma. I had an experience and I they can be liable for and no more. received the same thing our office has. just want to see if Missouri is anything You don’t have any guarantees We count letters when they come in like Oklahoma. against lawsuits as a citizen. If you do and we read these letters from people Over the last 10 days, I have had 3 things that are wrong, people can sue who have picked up notions on this days of townhall meetings throughout you. There is no limit to what can be thing. And they are running right now the State. As you know, I am active in collected against you if you do things in Oklahoma to my office—this is the aviation. I have all these townhall that are wrong. This bill puts clear district offices in Oklahoma as well as meetings at airports. With 20 meetings limits in for the tobacco companies, the office here—about 10 to 1 against in 3 days—that was kind of a record for basically saying no matter what you this massive takeover by the Federal me, because normally I do five a day— do, you can only have this much money Government. And one of the major con- not one time in one townhall meeting, awarded against you in court. cerns they say is, ‘‘What’s next?’’ You in Watonga, OK, in Oklahoma City, in So no matter how many people are know, it is tobacco today. Then alco- Miami, OK, right up on your border, or affected, whether it is cancer or em- hol? Then fatty foods? Or what is going anyplace in Oklahoma, did anyone physema, lung disease, heart disease, to be next? bring up the subject of the tobacco bill. no matter how much it is that the Mr. ASHCROFT. Fatty foods I am I brought it up in about half those courts might allocate against you, we worried about. I eat so many of them meetings just because nobody had are going to lock down the thing in and I do not want them to take away asked the question about this tobacco this bill, we are going to provide a lim- burgers. bill. Then when I talked to them about itation. (Mr. HAGEL assumed the chair.) it, they said they had read about it and Some people don’t understand. Origi- Mr. INHOFE. The last thing I men- they said, ‘‘We’re opposed to it.’’ nally, they thought this was anti-to- tion is, I read an article in the Wall In Oklahoma, in those meetings, bacco companies, and the companies Street Journal, I think last week, that there was not one hand that went up are upset with them, but there are lots talked about the nations that have ac- when I asked, ‘‘Is there anyone here of things in here which are procompany tually had this happen, causing great who is in support of this tobacco tax and they are really anticonsumer. increases in taxes to try to stop that Mr. INHOFE. That is interesting. increase in this tobacco bill?’’ Not one. Let me ask just one more question, if particular habit—Denmark, Sweden, so Is there something unusual about I might, because I haven’t heard it in forth—and that the result has been Oklahoma, or could it be that this is this debate actually coming up. I had they have had to repeal those tax in- really a beltway issue? Have you tested an experience. Over the Easter recess, I creases in almost every case. your people in Missouri on this? went on a missionary trip over to west Are you aware of that? Mr. ASHCROFT. My encounter has Africa to Togo, Nigeria, Benin, and Mr. ASHCROFT. Yes. The debate this been this: First of all, the bill is not that area. I thought it was the appro- morning really helped, I think, to clar- raised, but when people find out that priate thing to do, to go over and talk ify the issue, that in England, for ex- instead of punishing the tobacco com- about Jesus on the Easter break. ample, it is said that half of all ciga- panies, we are taxing tobacco users, so The international publications I saw rettes are sold on the black market. that an individual who earns less than when I changed planes in Paris going Mr. INHOFE. Yes. $30,000 a year, if he is a two-pack-a-day down over the Sahara Desert and then Mr. ASHCROFT. Senator HUTCHINSON smoker, he is going to pay an addi- again coming out of the Middle East, just asked me a very important ques- tional $803 in taxes, they don’t under- had articles—this is, what, 2 weeks tion. If we drive things into black mar- stand that. They say, ‘‘Wait a second, ago, 3 weeks ago—articles on what a ket sales, then States which have been if you are trying to punish evil tobacco great boom our tobacco bill in this relying on reasonable tobacco taxes as companies, if that is your objective, country is going to do for their tobacco a funding stream—if the tobacco sales punish the companies but don’t punish industries. They were referring to both go into the black market and under- hard-working Americans who are legal and illegal, I suspect. But has ground, we actually make it very dif- struggling to make ends meet.’’ anybody looked at the effect that this ficult for those States to continue with My phones have begun to ring when would have on the economies of those their programs because we will deprive people began to understand that this is areas where they would be direct bene- them of the same stream. not a circumstance where we are going ficiaries of what we do here if this America has seen the kind of chaos to try to punish the tobacco companies thing should pass? that can come to law enforcement to that extent. The real punishment Mr. ASHCROFT. I think it is clear when we condition people to do things comes because this law requires—this that there has been inadequate exam- that are illegal because Government law forbids the tobacco company from ination. This bill hasn’t had the kind of gets so invasive and heavyhanded. taking any of this tax out of its earn- scoring that normally attends a bill. And if we condition people to be in- ings—it requires the company to ‘‘pass This bill was rushed and changed. The volved in illegal activities, where we it on.’’ ink was not dry on the changes when have inordinate unjustifiable taxes What is interesting, it is even more the bill was submitted. that are imposed on consumers, and we anomalous than that. The tobacco Virtually no one had read the entire prepare them and teach them to be in- company collects this $109 billion in bill when it was offered. And we are volved in the black market, it is a les- the next 5 years, or whatever it is, and now in this debate on the bill. And that son which we will regret having taught turns it into the Government, and we is why I am willing to take the kind of for a long, long time. give them a tax deduction for it so that time we are taking to discuss it. Mr. INHOFE. I applaud the Senator they end up having a $36 billion subsidy It was suggested yesterday that this for taking the leadership to stop this that comes back for their having, basi- massive tax increase would be con- from happening. And I appreciate your cally, been involved in the collection of cluded, that we would know what we yielding for questions. this sum of payment to the Govern- were going to do on it because they Mr. ASHCROFT. I thank the Senator ment. were going to have a motion to table, from Oklahoma and really appreciate My own view is that when people find and that motion to table would end the questions which he propounds be- out this bill really is a bill against this debate. cause they get to the heart of the mat- hard-working Americans and it is a tax I just do not think when you have ter. And I appreciate also the fact that measure, that is when we are going to this kind of massive Government—a 17- you have relayed your experience with start hearing more about it. People agency creation; $868 billion—that you your town hall meetings. thought this was antitobacco. There rush through. I think it is clear we No other Senator in the U.S. Senate, are some things in the bill that distress need to have the kind of thorough dis- I would venture to say, no other public the tobacco companies, but, frankly, I cussion, discussion that would allow us official, deals with the public as inti- am more distressed about what we do to debate the issues. mately and aggressively as you do. You May 20, 1998 CONGRESSIONAL RECORD — SENATE S5173 know, five town hall meetings a day, differential far less. So I have very se- is just a small part of what we are hopping from airport to airport; of rious reservations about what we doing here. course no other Senator that I know of might do in terms of a black market. I admit the foreign aid is not a big has flown a light plane around the Mr. ENZI. Mr. President, would the part of this bill, but there are 17 new world on his own. I know that JOHN Senator yield for a question? boards and commissions in the Federal GLENN has orbited the Earth. But you Mr. ASHCROFT. I would be pleased Government, specific and categoric have stopped and talked to people most to yield for a question to the Senator programs, and this isn’t designed to everywhere and certainly in Oklahoma. from Wyoming. provide income to the States. This is So I thank you for bringing that par- Mr. ENZI. Thank you for yielding. really a program that will provide in- ticular item to our attention. I appreciate the vast amount of come to the Federal Government. It Mr. INHOFE. I would only respond by knowledge that you have shared. And I will provide massive amounts of in- saying that I think I have told Senator have actually a series of questions that come to trial attorneys. It will provide GLENN, I may have more hours than he I would like to have answered in regard serious income to tobacco farmers. If has, but he has a lot more miles. to the bill. And like I say, I have been the one aspect of this bill goes through, Mr. ASHCROFT. I am sure that is the very impressed at all the knowledge. it will give them about $18,000 an acre case. I thank the Senator from Okla- Mr. ASHCROFT. I hope I can answer for their allotments. Of course, farmers homa. these questions. don’t even own the allotments. In a lot I just want to say this question of the Mr. ENZI. I recognize you do not of cases, it is owned by someone else. black market is a very serious ques- have a laptop in which you can store Most of the lands could be bought for tion. all this vast information; you are using far less than $18,000 an acre. If we aggravate the already tender strictly the computer there. But I have We are in a situation where this is a situation which exists regarding the some concerns, and I would like to Federal measure which is going to sup- smuggling of cigarettes, we could lit- know what you think on these con- port everything from foreign aid to erally create a very serious problem. cerns. trial lawyers and Federal programs. It And the problem not only relates to When I was out in Wyoming this last is no wonder it won’t do Wyoming the loss of revenue to the Government, weekend, one of the State Senators good. but it is also an issue that would and there brought me the question—he Mr. ENZI. I need to ask how people could be a problem which moves the said, ‘‘Now during the last session of would expect me to support $1.10 a black market in cigarettes from the the legislature, we looked at putting a pack when the State legislature looked sort of commercial area where black 15-cent a pack’’—that is 15, not 50— at 15 cents a pack totally dedicated to market cigarettes now are sold to ‘‘cent a pack tax on cigarettes in our health and turned that down. stores and then the stores illegally sell State. And that would raise $8 million This one, as you mentioned, has all cigarettes that have not had the right a year for us. And now I hear Congress of these other ramifications. I know taxes paid on them. It could move it talking about’’—and at the time his that one of the ramifications is to cut into the general population. knowledge was only on the $1.10, not down on teen smoking. So I have ad- If we start teaching young people the much higher $1.50; it was $1.10 a dressed that in a number of trips I have that they can buy cigarettes cheaply pack—‘‘and out of the $1.10 a pack,’’ made to the State. I tried to visit on the black market, and they start to which of course will be levied on Wyo- schools on Friday, and I am in Wyo- do things like that, it is, in my judg- ming just the same way the 15-cent a ming most of the time. I wonder how ment, a very, very, very serious prob- pack would be levied, ‘‘our State will $1.10 is going to cause any concern. lem in terms of what we have taught get $6 million.’’ After all, kids will pay $50 for a pair of and what we have conditioned in this He is a little bit concerned about tennis shoes—I actually said $50 to see culture. where all the revenue might be going. if people were paying attention. They Furthermore, if we move the black How could there be a miscalculation of will pay $150—I was in the shoe busi- market into sort of a retail situation— that magnitude on the amount of funds ness for 28 years—$150 for a pair of ten- and I have some awareness of this be- that would be delivered by this? He has nis shoes. The parents can’t afford it, cause when I was Governor of my done extensive research into it. And I but the kids can. In talking to these State, we had a significant cigarette have to say that causes some concern kids, they seemed to think that $1.10 a tax, at least compared to neighboring for me, too—when 15 cents a pack will pack would be a deterrent for a few States. There is some tobacco grown in produce $8 million and $1.10 will only days until they realized how they were Missouri, but very, very little. But we produce $6 million. going to raise the other $1.10 a pack border on serious tobacco States, like I guess maybe you might interpret and maybe smoke one cigarette less, Kentucky and Tennessee. And those that the $1.50 increase is to bring that but probably not smoke cigarettes less. States had very low tax rates. We had up to $8 million for us. But that sounds These kids asked me, and I want to substantially higher tax rates. There like a poor way to do business. ask you, how the price of a pack of were lots of cigarettes that came Could it be that the $1.50 costs so cigarettes going up will deter smoking across the border of our States, but much to collect, coming back here, so when the cost of marijuana is ex- they really were not sold on the retail much gets held by the bureaucracy, tremely high and there is no indication market. They were sold to folks who that we are only going to get $6 million of it going down and there is still an would sell them in stores with phony bucks out of $1.10? increase in marijuana smoking. That is tax stamps and the like. Mr. ASHCROFT. I would venture to all black market. So if we think we are But if we get to the point where we say the State of Wyoming does not doing an elimination of the black mar- are going to have black market ciga- have a foreign aid program under the ket, that creates a great deal of con- rettes sold in retail, and we condition guise of the cigarette tax. So you will cern to me, and apparently to you. I young people to start saying that ‘‘I not have a program to develop an ask the Senator to give me some kind can break the law here,’’ there are two awareness overseas of the costs of of an indication of whether the Senator consequences. One, that is a very bad smoking. thinks that price will make a dif- thing to get young people into. Two, One of the things that is in the inter- ference. those who are willing to break the law, national aspect of the bill we have here Mr. ASHCROFT. I thank the Senator to retail market substances which are is that money will be taken, hundreds from Wyoming for the question. This illegal to sell to youngsters, probably of millions of dollars every year will be was the subject of a very serious set of will be selling other substances. So sent to help foreign governments try- questions that were propounded by the they may well be selling drugs, and ing to decide what the cost of smoking Senator from Utah earlier today. He they may say to the youngsters, ‘‘What is in their culture. I just don’t think it literally went through the studies that do you want? I have cigarettes. I have is very likely that the Wyoming House have been presented by the administra- marijuana. I have drugs.’’ And if you of Representatives and Senate, which tion and the studies that are being drive the price of cigarettes up sub- you presided over at one time, would be used to support the demand for a $1.50- stantially, it begins to make the price making that kind—the answer is, that a-pack increase, the demands being S5174 CONGRESSIONAL RECORD — SENATE May 20, 1998 made by Senator KENNEDY in his pro- I ask the Senator if he has seen— So why do GW students continue a habit posal. Those individuals are not satis- probably not—the latest issue of the they know is dangerous? The reasons range fied with $1.10 a pack. They want to George Washington University maga- from rebelliousness to an all-out addiction take it up to $1.50 a pack as a tax in- that is extremely difficult to overcome, espe- zine. cially in a high-stress academic environ- crease. Mr. ASHCROFT. I have not. ment. Most students acknowledge the dan- Frankly, when you look at all the Mr. ENZI. A magazine put out by a gers of smoking, but many say they can and data, you can look at part of the graph university. I am a graduate of that, so will quit before the health risks become a and it looks like it reinforces what is I think it is the premier university of long-term threat to them. being said about smoking going down the District. ‘‘It’s the immortality issue. Young people when you increase the price. Price— Mr. ASHCROFT. I will not respond to don’t think they’re mortal,’’ says Matthew CBO seriously questions price in terms that question with an affirmative, but Sokolowski, BA ’97, education coordinator at of whether elasticity of demand de- I will respect the institution. the Jewish Historical Society of Greater pends on price. They raise a serious Mr. ENZI. The feature of this Washington. Sokolowski started smoking when he was 10 or 11, having picked up the question about that, and they cite month’s magazine is actually called habit in the Boy Scouts. He thinks younger studies to challenge it. Of course, there ‘‘Smoke Signals,’’ and it is about the smokers often are ignorant of the risks. ‘‘It’s isn’t any elasticity in demand when a terrible rise in smoking on university only people who are 45 or 50 getting sick, so person is addicted. campuses. Now we are above the teen- you think, ‘Oh, I can smoke as much as I So for the poor people of America age level. We are talking about a group want.’ ’’ Now he admits he is addicted, and who have been smoking and are smok- who are more educated than other peo- trying to quit is extremely difficult. ing, we are basically going to trap ple. It would seem that they ought to Sokolowski has devised his own program for quitting, whereby he steadily decreases the them, so that a poor person, even at know more about smoking than the the $1.10 level which is in the bill now— number of cigarettes he allows himself to others. Obviously they don’t, because buy. ‘‘I knew I wasn’t going to be able to Senator KENNEDY wants to move it to even though the rules of the university quit in college,’’ he says, because the stress $1.50 per pack—at $1.10, that is two are increasing, the amount of smoking levels were simply too high. packs a day at $800 a year. Poor people is also increasing. That’s been a problem for a number of GW cannot afford to take that out of the They have done a fairly extensive smokers, many of whom say they started family budget. You sit around the interview session with students from smoking simply to socialize, but now are kitchen table and say: What are we the university to find out what the stuck with the habit. While they all recog- nized the health hazards that are all-too-ap- going to be able to do this year? Can causes are, why it is going up. It ranges we get the new refrigerator? We need parent these days, ‘‘the addiction outweighs from rebelliousness to all-out addic- it,’’ according to Zeid Sabella, a senior from this, that, or the other. tion, to a number of other things. Jordan. If we walk in and say, the first thing I ask if the Senator would be willing ‘‘I’VE GOT TO QUIT’’ we have to do is take $803 out of your to have the article from the magazine ‘‘Every day you say, ‘I want to quit, I’ve budget, it restricts the capacities of printed in the RECORD. got to quit,’ ’’ he says, ‘‘but you never do.’’ families to operate. So not only are we There being no objection, the article He says smoking has taken its toll on him threatening to do something that could was ordered to be printed in the physically already, a problem he notices hurt governments but we will under- RECORD, as follows: every time he tries to climb a flight of stairs mine the capacities of families to sup- [From GW Magazine, Spring 1998] and has trouble breathing. ‘‘I can’t even jog a mile anymore.’’ port themselves. SMOKE SIGNALS I think it is tragic when resources Some students began smoking in high (By Jared Sher) are consumed in smoking. I have never school or junior high just to fit in. Federal When it comes to smoking, America’s col- smoked cigarettes. I don’t believe it is data show that the number of high school leges and universities have come a long way smokers is growing dramatically. a good investment. But people are free since 1877—the year Dartmouth forced its Other GW undergraduates, like sophomore to do that. I am not here to tell them scholarship students to sign a pledge not to Molly Bell, from Highland, Mich., picked up what their life is and how they can op- spend any money on liquor, tobacco, dancing the habit almost by accident. ‘‘I think it had erate. But for us to simply say we will or billiards. to do with my mom. She said, ‘You want to hit the low-income people of America Today, college students have the freedom smoke, let’s go get some cigarettes,’ ’’ Bell with $400 if they are one-pack-a-day, to indulge in all of those. Increasingly, recalls. ‘‘Then I just started after that, even $800 in new taxes if they are two-packs- they’re doing just that, especially when it though her point was to get me not to comes to cigarettes and cigars. The recent a-day people, or if we are talking about smoke, like I’d smoke so much I’d puke or rise in the number of students who say they something. It didn’t work.’’ She was 15 at the what the Kennedy proposal is, to give light up has some educators and medical pro- time; she has now been smoking for four yourself basically a 40-percent increase fessionals fuming. years. on that, it is an amazing bite that we According to an annual survey of college Once her parents realized their plan had will ask to take out of the disposable freshmen conducted by researchers at UCLA, backfired, they tried to get her to quit. They income of people. more than 16 percent of the nation’s first- even put her on a nicotine patch. ‘‘But every Mr. ENZI. Let me ask another ques- year students said they had smoked in the time I’d leave the house, I’d rip it off and put tion that deals with this, particularly past year. While that’s not quite an epi- it on my dashboard,’’ she says. Ultimately, with the kids smoking, because we demic, there’s concern because the 1998 mark she says, no physical remedy will work until is the highest in nearly 30 years. That 16 per- the smoker is mentally ready to quit. have been trying to get at this problem cent is a significant surge after the mid- Still, Bell remains confident that she’ll of kids smoking for some time now. 1980s, when the percentage dipped into single quit once she leaves school. ‘‘I’m going to I know the Senator is as distressed as digits for four straight years. stop when I’m trying to conceive. At that I am that 3,000 kids a day are starting Not only are the numbers rising; they are point I’ll be able to because I won’t want to this life-threatening addiction. Al- doing so after decades of clear medical evi- screw up my kids.’’ One motivating factor: though I wonder if you know more dence that smoking can kill. Despite all the Her aunt smoked while she was pregnant, about where those estimates come warning signs, America’s youth are picking and when the baby was born, it had to be from, because as far as I can tell, they up the habit with little regard for the poten- placed on a respirator. tial long-term health hazards. ‘‘I can’t imagine quitting, and I don’t know are estimates, as is the percentage, Such is the case at GW as well. Although if I ever will,’’ laments 21-year-old junior that this will drop. We are talking no studies have been conducted to determine Danielle Marcelli from Philadelphia. about a 60-percent drop in youth smok- the exact number of smokers, campus watch- Marcelli first tried a cigarette when she was ing, and I think that is based on Larry dogs believe the figure to be close to—and 15 and hanging out with friends. Now, she too Summers, Deputy Treasury Summers, perhaps higher than—the national average. is addicted and smokes one-and-a-half packs when he said a 10-percent increase in Smokers remain a fixture in Foggy Bot- a day. ‘‘I didn’t think it was bad because my the pack of cigarettes would produce a tom. Even though smoking is banned in all whole family did it.’’ 7-percent reduction in the number of University buildings except residence halls, Tobacco companies and Congress are dis- cigarettes are readily available from street cussing legislation through which the com- children who smoke. We seem to be vendors as well as the Marvin Center conven- panies would pay more than $300 billion to going with the theory that if you raise ience store. And students—as well as faculty help gain protection from lawsuits. Specu- it high enough, it will get to zero. That and staff members—can often be seen puffing lating on the price hike that could accom- doesn’t seem to equate with anything away on the front steps of Gelman Library, pany such legislation, Marcelli says, ‘‘Some- else that is happening. or just while walking down the street. times I say that if they really do raise it to May 20, 1998 CONGRESSIONAL RECORD — SENATE S5175 $4 a pack, then I’ll quit.’’ But she reflects for teens, but has been rising dramatically over ‘‘There is regular discussion about banning a moment and changes her mind. ‘‘I would the past two or three years,’’ says John smoking in residential rooms, and it is often probably get a job if I had to support it, if it Banzhaf, a GW Law School professor who generated by students,’’ says GW adminis- came down to it.’’ founded ASH (Action on Smoking and Health), trator LeNorman Strong, but ‘‘that’s private Her roommate, Angel Fischer, tried her a public interest legal action group. ‘‘These space. While the University does have some first cigarette when she was just seven years are the people who are about to get into rights as a landlord, we work hard to protect old. She says that she is not addicted, but GW.’’ the privacy of students.’’ she smokes anyway. She doesn’t worry about Banzhaf, who has long been a thorn in the Banzhaf is not certain that’s enough of a health risks, especially since she says she side of the tobacco industry, has used legal reason to allow the behavior to continue. can quit at any time. ‘‘I think about it with action, instead of persuasion and lobbying ‘‘I’m sure if someone wanted to clean his bi- my father, I don’t think about it with my- techniques, to win his battles against smok- cycle with benzine in his dorm room, he self, because he’s older and he’s got that hor- ing. His motto, he says, is ‘‘Sue the bas- wouldn’t be allowed,’’ he says. rible cough,’’ Fischer says. ‘‘I don’t think I’ll tards.’’ His actions are widely credited with As for the legality of a smoking ban in res- idence halls, Linda J. Schutjer, GW’s assist- ever get to that stage. I just have them when leading to the ban on tobacco advertising on ant general counsel, is not confident it would I’m out late.’’ television and the ban on smoking on domes- survive a challenge by current residents. Fischer adds that the stress of a school en- tic airline flights. ‘‘It’s an issue of workplace versus where you vironment helps explain why so many stu- He also was instrumental in the effort that live,’’ she says, adding that a ban in the dents smoke. ‘‘You can ask the same ques- ultimately banned smoking in every GW aca- dorms would likely do nothing to stem the tions about drinking or drugs or sex. Espe- demic and administrative building in 1995. tide of smoking. ‘‘It seems to me smoking is cially in college with all the stress. Around At GW, Banzhaf has never hesitated to not against the law, and if people want to midterms, it’s like give me cigarettes now!’’ speak out. Once, he interrupted a student- come here and smoke, there should be some she says. sponsored movie in the Marvin Center be- accommodation made for that.’’ Senior Anne Henderson, 21, says she is cause people in the audience were smoking Student Health Service’s Haney, who is ‘‘surprised how many young people do in violation of law. Another time, he remem- also a family nurse practitioner, agrees. ‘‘I’m smoke, considering they know the dangers.’’ bers eating lunch in the University Club, not really sure a ban is going to help. I don’t Nonetheless, she has been smoking on and when he came across two fellow faculty think anybody’s going to quit to come into a off for five years. ‘‘It has to do with lifestyle. members smoking in an area that did not residence hall,’’ she says, suggesting that I do it on a social level. A lot of social activ- have a sign permitting smoking. ‘‘I almost students would sooner seek out off-campus ity revolves around smoking. It does calm had them arrested,’’ he says. They left the housing than quit smoking. my nerves, especially when I’m stressed club just before the police arrived. Another area of concern to smoking oppo- out.’’ Each time he fought for further restric- nents on campus is the Marvin Center con- She too is confident that she’ll be able to tions, he met heavy resistance. ‘‘And yet venience store, which sells cigarettes. Stu- quit when she graduates. ‘‘I’m not worried each time we’ve taken a step toward elimi- dents are allowed to purchase products from about when I’m 80,’’ she says. nating this thing, it’s worked,’’ he says. the store using their meal cards. Although A SURPRISING INCREASE When the University decided to ban smoking Schutjer says it is against policy to sell ciga- ‘‘We feel like we’ve been seeing a lot of in the vending machine area on the ground rettes on the meal card, it happens anyway. smoking on campus,’’ says Susan Haney, level of the Marvin Center, ‘‘people said Despite all the controversy, smoking has outreach coordinator for the Student Health there’d be a riot if we did it.’’ Suffice it to not gone away. Even in areas where it’s Service. ‘‘It’s alarming to see an increase.’’ say there was no riot, and for that matter banned, says Schutjer, ‘‘I’m not saying peo- Experts agree that it’s surprising to see in- very little controversy, which only rein- ple aren’t smoking. They’re not supposed to creasing numbers of people taking up a habit forces Banzhaf’s argument. be. We still get occasional complaints.’’ The that any doctor will tell you has a good ‘‘Suddenly people began to realize there University takes steps to stop violators that chance of killing you. They also agree that isn’t a requirement that you have to permit may range from suspension to dismissal. Re- two factors impede efforts to stop smoking smoking,’’ he says. cently, one employee of the GW Medical Cen- ter was dismissed when he refused to stop his before it starts among teenagers in Ameri- BAN SMOKING IN RESIDENCE HALLS? workplace habit in the basement of the GW ca’s junior high and high schools. Most GW student smokers support the First of all, ‘‘young people see themselves Hospital. smoking ban in buildings, claiming the Smoking education lags significantly be- as impenetrable fortresses, believing that health hazards are too well known to justify hind other areas, such as AIDS and alcohol- they will live long and prosper,’’ according putting non-smokers at risk. Some, however, abuse education. Nevertheless, both edu- to LeNorman Strong, GW’s assistant vice think the ban has gone a little too far. cators and medical professionals at GW have president for Student and Academic Support ‘‘It’s ridiculous,’’ says Rany Al-Baghdadi, a committed themselves to renewed vigilance Services’ Special Services. ‘‘Their sense of senior from Syria. ‘‘There’s a lot of smokers. in helping smokers quit. Haney says that cli- being invulnerable is a major challenge to What would it hurt non-smokers to have a nicians at the Student Health Service always educating them to make safe and healthy smoking lounge in the library or the Marvin make a point of asking about smoking when choices of lifestyle.’’ Center? Someone that’s complaining about they take patient histories. If they come Secondly, messages regarding the dangers of second-hand smoke when he’s 50 meters across a smoker, the clinicians make it clear smoking are not reaching enough children. Too away from me—you know, get a life.’’ that there are readily available resources— often, the content of a message is aimed at Al-Baghadadi says that because it is so dif- such as the patch—that can facilitate quit- getting people to stop smoking once they ficult to quit, GW should make some accom- ting. have already started. Not enough attention modation for smokers. ‘‘If it were easy to ‘‘We try to make people aware that we’re is being paid to preventing people from tak- quit, there wouldn’t be any smokers.’’ there for them. We don’t want to badger ing up the habit in the first place. His friend Zeid Sabella, the senior from them, but we don’t want, by not saying any- ‘‘A lot of the education has been geared to- Jordan, disagrees, ‘‘One thing I am for is thing, to let someone think we condone ward adults, not youngsters,’’ says Strong, choice. A lot of people don’t like smoking. smoking or don’t think it’s a health issue,’’ who until last August was GW’s executive di- For example, I don’t like smoking in my bed- says Haney. rector of campus life. room. I stinks up the place.’’ Sabella thinks It’s important for smokers to figure out for Moreover, children continue to see tele- it is entirely justified to keep smoking out of themselves why they smoke, Haney says. vision and movie personalities smoking on the campus buildings. Only then can they find a successful method screen, an activity that does not go unno- Sandra Falus, a sophomore from Hungary, for quitting. She adds that Student Health is ticed when children decide to take up the thinks so too. ‘‘I know people who used to looking into reviving smoking-cessation pro- habit Dr. Gigi El-Gayoumi, an associate pro- work in the Marvin Center Newsstand when grams here in a joint effort with the Amer- fessor of internal medicine at the GW Medi- that area was the smoking section.’’ She ican Lung Association. Last Nov. 20, as part cal Center, cited a recent study that showed says her friends had to quit their jobs be- of the American Cancer Society’s Great teen-icon Winona Ryder to be the actress cause they suffered from exposure to second- American Smokeout, Student Health offered who smokes the most on-screen, for example. hand smoke. She adds that since most smok- ‘‘Butts for Bubbles’’—an exchange of ciga- ‘‘These are very powerful images,’’ she ers know what they are doing is unhealthy, rette packs for bubble liquid—at a table out- says, adding that the proposed tobacco deal they don’t feel discriminated against when side J Street. between tobacco companies and the U.S. gov- they have to smoke outdoors. Ultimately, Haney would like to conduct a ernment has as one of its major focuses ‘‘re- Molly Bell says: ‘‘As long as they don’t ban thorough survey to find how many smokers ducing teenage smoking and the targeting of it in the dorms, there won’t be an outcry.’’ GW has and what their demographics are—in advertising on teenagers.’’ In fact, the last bastions for GW smokers other words, ‘‘whom we should be targeting,’’ THE BANZHAF WAY: SUE THE BASTARDS! have been the residence halls, which remain she says. ‘‘Smoking is something that needs to take These images may have contributed to the islands of smokers’ rights amid a sea of re- priority.’’ recent increase in smoking among teenagers. strictions. GW officials say the rationale be- That, in turn, may mean more smoking on hind keeping the housing smoker-friendly is Mr. ASHCROFT. I ask unanimous campus. ‘‘We know that smoking had pre- privacy, and the differing rights of people in consent that the article be printed in viously gone down considerably among older their homes versus their workplaces. the RECORD. S5176 CONGRESSIONAL RECORD — SENATE May 20, 1998 Mr. ENZI. I was fascinated to note cigarettes up or drive cigarettes into a So I am curious as to whether the that one of the people interviewed in black-market situation where they will Senator feels that there is an adequate this, one of the professors at GW is the be offered as part of a menu of illegal coverage of all types of tobacco done in person who founded ASH, the Action drugs, where students and young peo- this? We keep talking about cigarettes. on Smoking and Health group, that I ple in the culture might not only be- When I was growing up, there was a pe- know from my days as mayor of Gil- come acclimated and accustomed to riod of time when my dad thought ciga- lette has been very active in discourag- dealing with black-market figures, rettes were pretty high, so he rolled his ing smoking, and their advocacy has which would be a very bad lesson to own. It is kind of a western tradition. been on antismoking ads. teach, but it would also, perhaps, intro- You get a little pack of Bull Durham I ask the Senator if he reflects a lit- duce people to drug use as much as it and some cigarette papers. Today, peo- tle bit on what the effect of the does with cigarette use. ple would probably think you were antismoking ads might be. They went I firmly believe that cigarette use is using illegal drugs if they saw you to ads; they went to billboards. I have deleterious, bad for your health. doing that. We are phrasing this in a plastic sign in my office that thanks Frankly, everybody knows that. King that form, anyway. People might go visitors for not smoking. They also had James, the guy who directed the trans- back to rolling their own. But they a number of very clever slogans. I am lation of the Bible hundreds of years take this thin piece of paper and put a not sure whether the Senator might ago, admonished the people of England little dip in it—I watched him do this have heard them. Some of them were that this stuff is bad for you, that it is so many times, but I have not very disgusting and had people in dis- not good for you, it is bad for your smoked—and then he put the tobacco gusting situations that were smoking, health. We have known it, and there in there and he had to lick the piece of all to curb, particularly, teen smoking. are a lot of things that are true about paper and fold it over, and that thin I think that has had some effect. It had cigarette ads. I don’t approve of them paper would then stick, and it would some effect on members of my family. and I don’t like them appealing to our have the semblance of a somewhat I think that it did help to cut down children. But let’s also understand that cruddy cigarette. I suspect that even some of the teen smoking. But I would most young people who start with ciga- though cigarettes are not healthy, they like to ask you what you think the ef- rettes know it is not good for their were probably more unhealthy. The ad- fects on doing the antismoking would— health. vantage was that we saved the little how well those would work on particu- Mr. ENZI. Will the Senator yield for canvas bag that it came in, filled it larly teenagers as opposed to, or in another question? with sand, and used that as a sinker on conjunction with—whichever way you Mr. ASHCROFT. I would be pleased our fishing lines in the canyon near our would care to answer it—a rise in price to yield. home and fished for trout. The tobacco of tobacco? Mr. ENZI. Mr. President, I am kind bag worked well for catching trout. Mr. ASHCROFT. Well, I think there of fascinated that on our desks, every It was years later that I learned what are ways to discourage smoking. I day throughout the session, we get a it was probably doing to his lungs and think the most effective discourage- copy of whatever bill is being debated, eventually did do to him. I wonder if ment is when parents work with their even if it is the same one being debated you feel that this adequately covers all children, just like with drugs. I think the day before; and if we take it back of the types of tobacco and places an that is the best way for parents to to our office, another one miraculously equivalent tax on them. We talk about make sure their children don’t smoke. appears the next day, in spite of the the black market, but what we are Obviously, there are things that we can amount of paper involved with that talking about here is a shift from one do in government to help. A number of and, as a plug for a computer, don’t type of tobacco to another to get a States and local governments have lit- you think it would cut down on the lower price, and even some exclusions, erally made it illegal for youngsters to amount of paper if we could utilize a apparently, for small manufacturing be in possession of tobacco, just like computer on the floor? That is not companies. they have made it illegal for young- really my question. This is a 753-page So is this just going to force people sters to be in possession of alcohol in bill that is appearing on our desks. I to ‘‘unbundle’’ their companies—that is certain settings. I think those are the know that you are aware that this isn’t one of the words we use around here— options. even the bill we are debating. and form a whole bunch of small com- One of the things I say in response to Mr. ASHCROFT. I am aware of the panies that manufacture this to avoid your question—because the Senator ad- fact that this is constantly in flux. As the tax? I watched people work loop- dresses the issue of 3,000 a day—is that a matter of fact, we talk about the ab- holes on tax bills when I was the chair- the 3,000-a-day figure, in my judgment, sence of dry ink on so many things man of the Senate revenue committee underestimates the number of kids who that we consider here. When you are in Wyoming. I knew when we were try cigarettes a day. I have heard esti- talking about a $868 billion tax in- holding hearings that there was some- mates as high as 6,000. crease, I think we ought to at least see one out there who, at the moment we What is interesting to me is that the dry ink before we vote. were debating the bill, already knew drug czar, Gen. McCaffrey, indicates Mr. ENZI. Yes, I have to agree. I the loophole and they were anxious to that 8,000 youngsters a day try illegal want to ask, since this is 753 pages, and go out and benefit from that. They drugs. We are here with an administra- there is another newer version that is weren’t going to share that with us. tion that wants to impose a tax of $868 482 pages— So do you feel there is going to be billion on basically low-income people Mr. ASHCROFT. This is the newer some kind of a shift done on this to the in the United States to work on smok- version. This one isn’t bound. I don’t other kinds of tobacco as well as to the ing, but there is a notable absence in know how many pages we have here, black market? this administration in terms of what it but it would be a real task, and to rush Mr. ASHCROFT. The Senator from wants to do about drugs. The most elo- through something like that would be Wyoming asks a very, very important quent thing this administration has a disservice to the American people, question. Frankly, it is a question to been able to utter about drugs is, ‘‘I particularly those who would pay the which I do not know the answer. We didn’t inhale.’’ The second most elo- huge increases in taxes. are still dealing with a bill that is in quent thing was on MTV where the Mr. ENZI. The bill we are debating is the process and, obviously, if you run President said, ‘‘If I had to do it over the 753-page one, which miraculously the price up on one kind of smoking, again, I would inhale.’’ appears on our desks, even though the you may be encouraging another kind Now, when you have the President of 482-page bill, which has significant re- of smoking—whether you are encourag- the United States talking about inhal- visions in it, isn’t available to us with- ing cigarettes bought on the black ing drugs, I don’t think that goes very out a special request, and this appears market, or whether you are encourag- far toward stopping people from smok- to be the official version. But whether ing a roll-your-own variety. I remem- ing cigarettes. We have to be careful it is 753 pages or 482 pages, it is a great ber those slogans that used to be used, that we don’t get our priorities out of deal for us to cover, even with all of like ‘‘save your roll and roll your whack so that we drive the price of the help of our staffs. own.’’ But you wouldn’t make a real May 20, 1998 CONGRESSIONAL RECORD — SENATE S5177 savings in your roll if there was a dis- Basically, it is to say that for a like I had to move to provide the kind parity in the price here. My main con- three-pack-a-day family there is a min- of debate which I have provided, be- cern has been that this is not a bill imum of $100 a month that goes out of cause without consultation, at least that has much promise to be effective. their expendable income, in addition to with me, about a timeframe for the de- You know, the administration, as the taxes. That is not just the cost for bate suggested, there would be a mo- late as 1996, said they were going to cut smoking cigarettes. That is additional tion to table. And that happened in the tobacco smoking in youngsters by 50 taxes, $100 a month for three packs a last issue I was seeking to discuss in percent in 6 years, and they weren’t day; that is, if you take the commit- the Senate. I purposely wouldn’t allow going to require any price increase. So tee’s $1.10 range. individuals to cut off debate. There is a they were going to be able to cut it in My amendment would strip that $1.10 lot of interest in this measure. I will half. Now they don’t expect to cut it in rate out because I don’t think it is ap- personally do what I can to wrap up my half, but they are going to get $868 bil- propriate to punish people the way the participation. I will limit the amount lion over the next quarter century out tobacco companies have done. If you go of questions to which I will respond of Americans’ pockets. I think that is with Senator KENNEDY’s proposal, it is and make time available for others. particularly onerous. a $1.50-a-pack rate. You get to the Mr. KERRY. I thank the Senator. Mr. You mentioned the relationship of point of about $1,600 a year for three President, that is exactly what we are cigarettes and the construction of packs in the family at $1.50. I think trying to find out. I will accept the them with one’s own hands, and that that really makes it not only tough for Senator’s word, obviously, that he is obviously makes people think of the the families to do something about going to try to wrap up around 2 marijuana cigarettes that people roll smoking, it makes it really tough for o’clock and allow other people to de- on their own. Frankly, the drug prob- the family to do things about all kinds bate. So we will afford that. lem is one that bothers me because I of other things, like clothing the fam- I thank the Senator from Missouri. think we are inordinately, and perhaps ily, feeding the family, providing shel- Mr. ASHCROFT. Mr. President, I inappropriately, focused, at least to a ter and transportation, health care, might add that I was a part of the com- degree not warranted, on cigarettes and other things. mittee that considered this bill. The rather than on drugs. Mr. KERRY. Will the Senator from committee was interested in getting As I indicated, General McCaffrey in- Missouri yield for a question without the bill out. It is no secret that I was dicated that there are at least, accord- losing his right to the floor? the only member of the committee ing to his numbers—and the numbers Mr. ASHCROFT. I do. that voted against sending the bill to have been tossed around—more kids Mr. KERRY. Mr. President, as the the floor. But I was asked not to have are trying drugs than they are trying Senator knows, we have been trying to these kinds of discussions. The idea tobacco. I think we ought to be careful move this along in a fair-minded way. was that we wanted to get a bill to the that we don’t aggravate that problem. Three and a half hours ago I asked the floor where we could have discussion. Mr. ENZI. Mr. President, will the Senator how long he thought he might That is what I want to have. I want to Senator yield for another question? be, and we were talking in terms of an have that kind of discussion. There was Mr. ASHCROFT. Yes. hour or so. I know there have been a an effort not to have too much happen Mr. ENZI. Mr. President, I am anx- series of fascinating and very impor- in committee. I understand that much. ious to know and hope that the Senator tant questions posed in a spontaneous My own view is if they would prefer to from Missouri has the answer to how manner. But that said, I wonder if the have the discussion of these issues on this 753-page bill or 482-page bill that Senator might be able to share with his the floor, that is fine with me. But if we haven’t had time to complete the colleagues what opportunities other you say you don’t want a lot of discus- review of yet—I realize the Senator people might have to debate this issue. sion in committee, and you say you may not have the answer to this and Mr. ASHCROFT. I thank the Senator don’t want a lot of discussion on the what kind of emphasis it places on the for his question. I feel like I should be floor, you are trying to truncate the family as playing a role in reducing to- able to finish by 2 o’clock, providing I debate. You want this thing to go bacco use. I have seen the statistics. don’t spend a lot of time responding to through before we actually have the Whether it is drugs or tobacco, the big- the questions of others. Most of my complete documents on what is in it. It gest influence on whether kids use time on the floor has not been accorded is a $868 billion tax increase. It finally them are the parents and the attitudes to me to make speeches. It has been in dawned on me that I had better stand that the parents have to them. And the responding to questions. I have to say up and speak, and I had better try to parents, even if they smoke, have a it is probably better than had I been accommodate the other individuals good influence on reducing teen smok- speaking because I find the questions who want to speak. ing or youth smoking by saying that to be very satisfying and very enlight- I am pleased to have the assurance even though they do it, it hurts them; ening. that there is not an idea about a mo- that it is not right, it seems to me. Mr. KERRY. Will the Senator further tion to table right away, that there is The bill that is really trying to get yield without losing his right to the going to be time for other debate on at the heart of the problem, and if the floor? this. statistics all point to the family em- Mr. ASHCROFT. Yes. I will try to conclude my remarks. phasis, the family attitude, the family Mr. KERRY. Mr. President, I appre- Mr. ENZI. Mr. President, will the direction being the way to reduce ciate full well that questions, in a way, Senator yield for a couple more ques- smoking, it seems like this bill ought have educated the Senate, and all we tions? I understand the time deadline. I to have something in there that are trying to do is find a way. Obvi- understand how those motions work strengthens the family and strengthens ously, some other colleagues planned that lead to this kind of a need for the their role in doing this. It provides a their day, since we tried to do this out- format for debate. mechanism for almost everything else side sort of the rigorous assertion of Will the Senator yield? in the world, including things that are the rules, if you will. That said, would Mr. ASHCROFT. I will yield. not health related. So it seems to me we be able to rely on and could we per- The PRESIDING OFFICER. The like there ought to be something in haps enter into an agreement now that Chair reminds all Senators that the here that says something to families, the Senator would finish at 2 o’clock at Senator retains the floor only for ‘‘You can make a difference. How do we which point we would have an oppor- yielding for the purpose of a question, get you involved?’’ I can’t find that. I tunity on our side to be able to allow a not for the purpose of a statement. And want to know if the Senator from Mis- number of people to speak for a little I want all Senators to understand that souri is able to find it. period of time to try to balance it out the Senator could lose the floor if the Mr. ASHCROFT. Frankly, I haven’t a bit? individual who he yields to chooses to found it. I thank the Senator from Wy- Mr. ASHCROFT. If the Senator is make a statement rather than ask a oming for asking the question. The im- talking about the opportunity to cur- question. pact on families here is pretty serious. tail debate and schedule a motion to Does the Senator yield for that pur- But it is financial. table, that is one of the reasons I felt pose? S5178 CONGRESSIONAL RECORD — SENATE May 20, 1998 Mr. ASHCROFT. I yield for the pur- phasis, the family attitude, the family Mr. KERRY. Mr. President, I appre- pose of a question, and I would request direction being the way to reduce ciate full well that questions, in a way, the person to whom I am yielding to smoking, it seems like this bill ought have educated the Senate, and all we please preface your remarks. Does the to have something in there that are trying to do is find a way. Obvi- Senator agree or not agree, if there is strengthens the family and strengthens ously, some other colleagues planned going to be a very strict approach, their role in doing this. It provides a their day, since we tried to do this out- which, frankly, there has never been in mechanism for almost everything else side sort of the rigorous assertion of my understanding of the Senate to in the world, including things that are the rules, if you will. That said, would that kind of question. I ask that he not health related. So it seems to me we be able to rely on and could we per- start his question that way. I don’t like there ought to be something in haps enter into an agreement now that want to yield the floor based on tech- here that says something to families, the Senator would finish at 2 o’clock at nical failure, if the Senator will begin ‘‘You can make a difference. How do we which point we would have an oppor- with words of an interrogatory nature. get you involved?’’ I can’t find that. I tunity on our side to be able to allow a Mr. ENZI. Yes. Does the Senator feel want to know if the Senator from Mis- number of people to speak for a little that the $1.10 or $1.50, as it is $1.50 souri is able to find it. period of time to try to balance it out right now, would have the amount of Mr. ASHCROFT. Frankly, I haven’t a bit? money the FDA needs to do the kind of found it. I thank the Senator from Wy- Mr. ASHCROFT. If the Senator is enforcement we have been putting on oming for asking the question. The im- talking about the opportunity to cur- them? Does the Senator think that pact on families here is pretty serious. tail debate and schedule a motion to when we talked about in the Labor But it is financial. table, that is one of the reasons I felt Committee, which I am on, the $34 mil- Basically, it is to say that for a like I had to move to provide the kind lion amount for the FDA and all of the three-pack-a-day family there is a min- of debate which I have provided, be- things that would do, and that this bill imum of $100 a month that goes out of cause without consultation, at least has considerably more money in it their expendable income, in addition to with me, about a timeframe for the de- than that for the FDA, does the Sen- the taxes. That is not just the cost for bate suggested, there would be a mo- ator think that we are doing overkill, smoking cigarettes. That is additional tion to table. And that happened in the perhaps, with the FDA? Will they be taxes, $100 a month for three packs a last issue I was seeking to discuss in able to adequately use the amount of day; that is, if you take the commit- the Senate. I purposely wouldn’t allow money that we are talking about in tee’s $1.10 range. individuals to cut off debate. There is this bill for that agency alone? It is a My amendment would strip that $1.10 lot of interest in this measure. I will considerable expansion of that agency. rate out because I don’t think it is ap- personally do what I can to wrap up my Do you think that our agencies are set propriate to punish people the way the participation. I will limit the amount up in a manner that they can escalate tobacco companies have done. If you go of questions to which I will respond the amount of spending that they are with Senator KENNEDY’s proposal, it is and make time available for others. very good at, but can they escalate the a $1.50-a-pack rate. You get to the Mr. KERRY. I thank the Senator. Mr. amount of spending they are doing to point of about $1,600 a year for three President, that is exactly what we are meet these new amounts that are com- packs in the family at $1.50. I think trying to find out. I will accept the ing in, particularly with the FDA, that really makes it not only tough for Senator’s word, obviously, that he is which is critical to this? the families to do something about going to try to wrap up around 2 Mr. ASHCROFT. I think that is an smoking, it makes it really tough for o’clock and allow other people to de- appropriate question. There is almost a the family to do things about all kinds bate. So we will afford that. 50-percent increase in funding for the of other things, like clothing the fam- I thank the Senator from Missouri. FDA. Or did the Senator say more than ily, feeding the family, providing shel- Mr. ASHCROFT. Mr. President, I that? Frankly, I have every confidence ter and transportation, health care, might add that I was a part of the com- that Federal agencies will spend the and other things. mittee that considered this bill. The money you give them. Mr. KERRY. Will the Senator from committee was interested in getting As I indicated, General McCaffrey in- Missouri yield for a question without the bill out. It is no secret that I was dicated that there are at least, accord- losing his right to the floor? the only member of the committee ing to his numbers—and the numbers Mr. ASHCROFT. I do. that voted against sending the bill to have been tossed around—more kids Mr. KERRY. Mr. President, as the the floor. But I was asked not to have are trying drugs than they are trying Senator knows, we have been trying to these kinds of discussions. The idea tobacco. I think we ought to be careful move this along in a fair-minded way. was that we wanted to get a bill to the that we don’t aggravate that problem. Three and a half hours ago I asked the floor where we could have discussion. Mr. ENZI. Mr. President, will the Senator how long he thought he might That is what I want to have. I want to Senator yield for another question? be, and we were talking in terms of an have that kind of discussion. There was Mr. ASHCROFT. Yes. hour or so. I know there have been a an effort not to have too much happen Mr. ENZI. Mr. President, I am anx- series of fascinating and very impor- in committee. I understand that much. ious to know and hope that the Senator tant questions posed in a spontaneous My own view is if they would prefer to from Missouri has the answer to how manner. But that said, I wonder if the have the discussion of these issues on this 753-page bill or 482-page bill that Senator might be able to share with his the floor, that is fine with me. But if we haven’t had time to complete the colleagues what opportunities other you say you don’t want a lot of discus- review of yet—I realize the Senator people might have to debate this issue. sion in committee, and you say you may not have the answer to this and Mr. ASHCROFT. I thank the Senator don’t want a lot of discussion on the what kind of emphasis it places on the for his question. I feel like I should be floor, you are trying to truncate the family as playing a role in reducing to- able to finish by 2 o’clock, providing I debate. You want this thing to go bacco use. I have seen the statistics. don’t spend a lot of time responding to through before we actually have the Whether it is drugs or tobacco, the big- the questions of others. Most of my complete documents on what is in it. It gest influence on whether kids use time on the floor has not been accorded is a $868 billion tax increase. It finally them are the parents and the attitudes to me to make speeches. It has been in dawned on me that I had better stand that the parents have to them. And the responding to questions. I have to say up and speak, and I had better try to parents, even if they smoke, have a it is probably better than had I been accommodate the other individuals good influence on reducing teen smok- speaking because I find the questions who want to speak. ing or youth smoking by saying that to be very satisfying and very enlight- I am pleased to have the assurance even though they do it, it hurts them; ening. that there is not an idea about a mo- that it is not right, it seems to me. Mr. KERRY. Will the Senator further tion to table right away, that there is The bill that is really trying to get yield without losing his right to the going to be time for other debate on at the heart of the problem, and if the floor? this. statistics all point to the family em- Mr. ASHCROFT. Yes. I will try to conclude my remarks. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5179 Mr. ENZI. Mr. President, will the concerned as we all are about teenage Mr. CRAIG. This Senator from Idaho Senator yield for a couple more ques- smoking, and concerned as we all are is concerned that those who would sell tions? I understand the time deadline. I about what appears to have been a tar- black-market cigarettes are also now understand how those motions work geted effort on the part of some to- selling marijuana and cocaine to our that lead to this kind of a need for the bacco companies to increase teenage young people. Does the Senator from format for debate. smoking. But the Senator from Mis- Missouri have the same fear? Will the Senator yield? souri also cited a poll, as did the Sen- Mr. ASHCROFT. Obviously, if we Mr. ASHCROFT. I will yield. ator from Texas, that indicates that were to take cigarette smuggling, The PRESIDING OFFICER. The amongst Americans the No. 1 issue which is now a commercial activity— Chair reminds all Senators that the with their teenage children is not the cigarettes are largely delivered to Senator retains the floor only for smoking but drugs. Would the Senator stores and are sold in the ordinary yielding for the purpose of a question, from Missouri agree with that? course of business. If we were to take not for the purpose of a statement. And Mr. ASHCROFT. I am aware of the that out of the commercial activity I want all Senators to understand that poll and I am aware of the concern. arena and put it into the retail activ- the Senator could lose the floor if the And I believe that is correct. I believe ity, so that they would be sold on individual who he yields to chooses to Americans are far more fearful that street corners by drug dealers or others make a statement rather than ask a their children will be involved with il- who would sell contraband in a retail question. licit drugs than they are that their fashion, I think we threaten substan- Does the Senator yield for that pur- children might experiment with smok- tially the young people of this country pose? ing. with the introduction in an array of Mr. ASHCROFT. I yield for the pur- Mr. CRAIG. That same poll said that things that would be sold. Someone pose of a question, and I would request only 3 percent of Americans recognize might offer: Now, you can either have the person to whom I am yielding to the use of tobacco products as a con- cigarettes here or the marijuana here please preface your remarks. Does the cern for their teenagers. I think their or these pills here, or like that. Senator agree or not agree, if there is greatest concern was that the most So, putting cigarettes into that set- going to be a very strict approach, damaging would be drugs and other ac- ting may be a very evil sort of intro- which, frankly, there has never been in tivities. Would the Senator from Mis- duction of those individuals to the drug my understanding of the Senate to souri agree with that? culture in a way that they would not that kind of question. I ask that he Mr. ASHCROFT. I think the poll was otherwise be exposed. start his question that way. I don’t very clear about that: 39 percent cared Mr. CRAIG. Let me thank the Sen- want to yield the floor based on tech- about drugs; 3 percent said they were ator from Missouri for yielding. I know nical failure, if the Senator will begin worried about smoking. he said he would like to conclude by 2. with words of an interrogatory nature. Mr. CRAIG. Does the bill that the I also appreciate his stressing the Mr. ENZI. Yes. Does the Senator feel Senator from Arizona brings forward need for an expanded debate of this issue. I hope the leadership, and obvi- that the $1.10 or $1.50, as it is $1.50 deal with the issue of drugs or the mis- ously the managers of the bill, recog- right now, would have the amount of use of drugs by our teenage populations nize that and are now recognizing the money the FDA needs to do the kind of in this country? enforcement we have been putting on Mr. ASHCROFT. Not to my knowl- importance that we debate this fully. I appreciate the responses of the Senator them? Does the Senator think that edge. when we talked about in the Labor Mr. CRAIG. A great deal of assump- from Missouri to my questions. Mr. ASHCROFT. I thank the Senator Committee, which I am on, the $34 mil- tions suggest that teenagers would from Idaho for his valuable questions. I lion amount for the FDA and all of the slow their smoking, or discontinue will now conclude. I have given my things that would do, and that this bill smoking, or not start smoking as a re- word to fellow colleagues in the Senate has considerably more money in it sult of this bill. Yet, all of the other that I would try to be out by 2 o’clock, than that for the FDA, does the Sen- studies indicate that is probably not and I will. I thank the Senate for its ator think that we are doing overkill, the case. The Senator from Missouri accommodation. perhaps, with the FDA? Will they be cites a concern for elevated activities Frankly, I appreciate this institution able to adequately use the amount of in black-market sales; is that not true? because it does provide a way for indi- money that we are talking about in Mr. ASHCROFT. Yes. I have pointed viduals who really feel strongly about this bill for that agency alone? It is a out that not only would elevated ac- this measure to be able to talk about considerable expansion of that agency. tivities in black-market sales result in it. Do you think that our agencies are set perhaps even lower prices for ciga- We have a bill. The Senator from Wy- up in a manner that they can escalate rettes, but it could, as a matter of fact, oming pointed out that it was not the the amount of spending that they are be a way in which individuals are in- one laid on the desk, because we have very good at, but can they escalate the troduced to drug use. changes so rapidly. But here is the bill. amount of spending they are doing to Mr. CRAIG. Is it not so that coun- There it is. This bill represents a $868 meet these new amounts that are com- tries that have increased the price per billion tax increase on the backs of ing in, particularly with the FDA, pack of cigarettes dramatically, and America’s poorest working families; 60 which is critical to this? found that those cigarettes then moved percent—59.4 percent. Let me not exag- Mr. ASHCROFT. I think that is an into a black market, backed away from gerate. The estimate is 59.4 percent of appropriate question. There is almost a those taxes to bring those products the $868 billion—59.4 percent of the $868 50-percent increase in funding for the back into the market and away from billion from this measure is to be paid FDA. Or did the Senator say more than the illicit activity of the black mar- for by people earning less than $30,000 a that? Frankly, I have every confidence ket? year. that Federal agencies will spend the Mr. ASHCROFT. I think that has I believe we should reject it. This is money you give them. been a very clear experience. This pre- a massive tax increase. This is a mas- Mr. ASHCROFT. I believe that he cipitous increase in the rates of taxes sive expansion of Government. This is calls into very serious question the on cigarettes has been a very sad expe- an affront to the effort of families to idea that price alone is a major factor, rience by promoting black markets. provide for themselves. And I believe it or a controlling factor. And he does so Great Britain, or England, is said to is something that will be counter- effectively by citing the kinds of infor- have a black market of about 50 per- productive. It invites all kinds of per- mation that the Senator has men- cent of all of its consumption. That is nicious activity, including the black tioned. obviously something we don’t want to market, including the potential for in- Mr. CRAIG. I have sat for well over teach or institute in this country. And creased drug utilization, including the an hour now this morning, listening to other countries—Canada had a serious, loss of revenue to States when the the colloquies, the questions, and the very, very serious, bad experience with black market emerges and no longer do debates between the Senator from Mis- its precipitous rise in the increase of those selling cigarettes pay even State souri and the others who engaged him, taxes on these kinds of products. taxes. S5180 CONGRESSIONAL RECORD — SENATE May 20, 1998 But at the very bottom of it all, this appreciation for addressing our primary con- tween who was protected by Senator is a $868 billion tax to be shouldered by cerns surrounding the ‘‘National Tobacco KENNEDY and the Democrats on this the hard-working families who earn Policy Youth Smoking Reduction Act,’’ (S. side of the aisle and who was protected 1415) which is being considered this week. less than $30,000 a year. That is inap- As you know, NACS first expressed opposi- by the Republicans. propriate and to me it is unacceptable. tion to S. 1415 because it would have given That is not the debate today. I don’t I do not believe any of the lofty pie-in- FDA expansive authority to prohibit tobacco want to go back through that entirely, the-sky—supposedly supported by stud- sales by specific categories of stores. This except to say that the record is abso- ies—objectives really justify it. We authority was so broad, that many small lutely clear that in every one of the should pursue those objectives in ways businesses, who have themselves had no tax proposals of our friends on the that are more likely to be successful record or history of unlawful sales to minors, other side of the aisle, people at the and less likely to be destructive of the could lose the ability to sell a legal product. upper-income level made out better, Our second concern was that the legislation and it was Senator KENNEDY and Demo- capacity of hard-working families to would exempt certain tobacco retailers from survive. all point-of-sale restrictions thereby placing crats and others who fought to protect I yield the floor. traditional retailers, such as convenience the working American. It was only The PRESIDING OFFICER. The Sen- stores, at a serious competitive disadvan- after our efforts in the major budget ator from Massachusetts. tage. agreement of last year that a single Mr. KERRY. Mr. President, I ask Over the last several weeks we have had an mother earning $40,000 managed to get unanimous consent that this side now opportunity to meet with your respective even some tax benefit, and that tax be permitted to consume, it is 2 staffs and discuss alternatives to these issues benefit went from zero to $1,000 because while also ensuring that we reach our com- o’clock, maybe 1 hour 15 minutes, to be mon goal—reducing underage consumption we stood up and fought for that person. divided among Members on our side in of tobacco by minors. NACS is very pleased That is not the fight today, except, order to have an opportunity to debate that we have reached an agreement with Mr. President, to the degree that we the bill. your committee and others involved in the are talking about where some people The PRESIDING OFFICER. Is there process and NACS will not object to the Sen- are coming from. We are talking about objection to the request? ate’s passage of S. 1415. NACS will also com- the lives of children. That has been lost Mr. MCCAIN. Reserving the right—I municate this message to all our members as in all of the debate over the last 31⁄2 do not object. well as allied trade associations that have hours. We are talking about the lives of expressed similar concerns. The PRESIDING OFFICER. Without Thank you again for your willingness to America’s children. We know to a cer- objection, it is so ordered. work with our industry on these very criti- tainty that 6,000 kids will try ciga- The Senator from Massachusetts will cal issues. rettes every single day, 3,000 of those be recognized to control the time for 1 Sincerely, kids will continue to smoke, and 1,000 hour 15 minutes under his control. MARC KATZ, of those children will die early as a Mr. MCCAIN. Will the Senator yield Vice President, Government Relations. consequence of a tobacco-related dis- to me? The PRESIDING OFFICER. The Sen- ease. That is what we are talking about Mr. KERRY. I will be happy to yield ator from Massachusetts is recognized. on the floor of the U.S. Senate. to my friend from Arizona for his pur- AMENDMENT NO. 2422 It is an insult to suggest that the pose. Mr. KERRY. Mr. President, we have parents of working families or the par- Mr. MCCAIN. I just say to my col- now been listening for a number of ents of the poorest people in America leagues that after the 1 hour 15 min- hours to the fundamental arguments in don’t care as much about their kids utes that has just been agreed to on the opposition to the amendment by the having access to tobacco as other fami- other side of the aisle, I intend to offer senior Senator from Massachusetts. lies. It is an insult to suggest that they a tabling motion at that time. No mat- Before yielding to colleagues who are are happy with the charts that show ter what happens to that motion, then not at this moment here, let me take a over the last years, there has been an we would like to proceed to an amend- moment to say a few words about it. 80-percent increase among black and ment on this side which would be that I think any individuals listening to Hispanic, people of color, an 80.2-per- of Senator GREGG. And then, following this debate, if they are not aware of cent increase in their use of cigarettes disposition of that, whether that is some of the history of the Senate or in 1991, and in non-Hispanic and agreed to or not, we would then go to the history of how issues fall on either nonblack, it has only been 22 percent. the Senator’s side, back and forth, as side here, might say, gee, that is a Why is that? I will tell you one of the we have. pretty good point. reasons why, because the tobacco com- Also, if my friend from Massachu- The Senator from Missouri suggested panies specifically targeted low-income setts will indulge me, I ask unanimous that this is a big price increase, and it communities. They went after them. consent that a letter from the National is going to hurt the poor. I simply ask It is a sad part of the history of this Association of Convenience Stores be those listening to this debate who entire effort that we now know, as a re- printed in the RECORD, part of which measure these things to think about sult of courageous attorneys general says: the history of who has defended the around the country who have sued the NACS, the National Association of Conven- poor people and who has defended the tobacco companies, who have gotten ience Stores, is very pleased that we have interests of the working families of documents from the tobacco compa- reached an agreement with your committee this country. nies, we now know specifically about and others involved in the process and NACS It would be absurd to suggest that this targeting. We know that they tar- will not object to the Senate’s passage of S. the senior Senator from Massachu- geted young people. They specifically 1415. setts, who has been the champion of set out to create addicts. What this de- So, obviously, the National Associa- the minimum wage, the champion of bate is about is how you stop that. How tion of Convenience Stores have a dif- health care for children, the champion do you get kids to stop smoking? How ferent view of this legislation than the of education for people who don’t have do you keep them away from ciga- Senator from Missouri. access to it, who has consistently rettes? There being no objection, the letter fought to protect the interests of work- Again and again, in the last 31⁄2 was ordered to be printed in the ing families and of the poor, is some- hours, we have heard Senators say, RECORD, as follows: how now doing something that is to- ‘‘Oh, all it is going to do is raise the NACS, tally contrary to those years of com- price. Why aren’t they doing’’ this; Alexandria, VA, May 18, 1998. mitment and record. ‘‘Why aren’t they doing’’ that; ‘‘No ces- Hon. JOHN MCCAIN, Chairman, Yesterday evening, the Senator from sation programs, no research.’’ That is Hon. ERNEST F. HOLLINGS, Ranking Member, Missouri held up a chart of all of the not true. That is just not true, Mr. Committee on Commerce, Science, and Transpor- tax increases that have passed in re- tation, Dirksen Senate Office Building, President. Washington, DC. cent years in the Senate. It is interest- The fact is that in this legislation, DEAR SENATORS MCCAIN AND HOLLINGS: The ing, because if you look at every one of there are a number of things that take National Association of Convenience Stores those tax increases, there was an enor- place—cessation, research, counter- (NACS) is writing to express our thanks and mous difference, like night and day, be- advertisements, penalties, licensing to May 20, 1998 CONGRESSIONAL RECORD — SENATE S5181 restrict youth access. It is unlawful for when they were young, they started as the tobacco industry, coolly, carefully kids to buy the cigarettes, to possess kids. So if you want to reduce the cost assessing what price does to teenage the cigarettes. There is a lot of the of our pulmonary sections of our hos- smoking. And it reduces it. strengthening of the law with respect pitals, if you want to reduce the cost of In 1987, another Philip Morris inter- to those things that will make a dif- kidney-related tobacco diseases, or nal document lamented a decline in ference in kids’ lives. heart diseases, emphysema, cancer, the youth smoking caused by price in- One other thing also makes a dif- way you reduce the cost is by reducing creases, their price increases. The doc- ference, Mr. President—how much it the number of people who have access ument stated: costs. Sure, kids spend 100 bucks, 150 to it. We don’t need to have that happen again. bucks sometimes on a pair of sneakers, Now, isn’t it strange, in Europe, even So if the industry understands what will be whatever, but it is usually not a cash after we raise the price, it will still affected by a price increase, we should under- transaction. It is usually a very spe- cost more for a pack of cigarettes in stand also. But as I have indicated, research findings from various sources confirm the cific transaction where parents have European countries than here? What do fact that a price increase will affect dramati- helped them to be able to do that. It is they know that we do not know? It cally, decisively, and positively the decline the cash they have in their pocket. It seems to me that we ought to be re- of teenage smoking. is the pocket change, pocket money, sponsible in this effort. In listening to this debate, one is whatever they can scrounge up that I know my colleagues are here now struck by the different approaches one they spend on something like a ciga- and want to speak. There is more to could take to the goal of reducing teen- rette that they are not allowed to buy, say. But I will reserve that time. I age smoking. I think there are just two and most of their parents don’t want want to give them ample opportunity basic ways you can do that. First, if we them buying. If the price goes up, their to be able to speak. are really sincere about reducing teen- disposable income is less available to I yield 10 minutes to the Senator age smoking, we can create an elabo- buy cigarettes. from Rhode Island and after that, por- rate regulatory bureaucratic structure We know this. This is not conjecture, tion it out. with agents in every community who as has been alleged. This is known as a The PRESIDING OFFICER (Mr. would monitor teen smoking, with re- matter of a number of studies, all of DEWINE). The Senator from Rhode Is- ports that would go back and forth which show that for every 10-percent land. about teen smoking, with supervision increase in the price of a pack of ciga- Mr. REED. Thank you, Mr. Presi- of the distribution network, and all rettes, youth smoking will drop by dent. sorts of ways to do it. Or we could use about 7 percent. I thank the Senator from Massachu- the market—the most efficient device So the 40-cent difference that we are setts for yielding me time. created by humanity to allocate goods talking about in Senator KENNEDY’s Yesterday, I had the privilege of at- and services—we could use the market. amendment is not just 40 cents. It is tending a meeting, along with my col- That is what this amendment pro- not just money. It means that 2.7 mil- leagues, Senator KENNEDY, Senator poses to do. It simply says, if we raise lion fewer kids will become regular CONRAD and Senator LAUTENBERG, with the price of cigarettes, we will cause a smokers, and that about 800,000 or so C. Everett Koop. And Dr. Koop had the decline in teenage smoking—effi- over a period of years will not die as a right prescription for this aspect of the ciently, dramatically, and effectively. result of that. That is what we are legislation. His prescription was quite So I argue, if anyone is a believer in talking about. We are talking about simple: raise the price per pack by the affect of the market on behavior, if lives here. $1.50. As the preeminent public health anyone believes that price makes a dif- It is a matter of fact, also, that Dr. official in this country, indeed in some ference—and I think that is the credo Koop and the Koop-Kessler commission respects America’s family doctor, I be- of both parties, but certainly the Re- and the Institute of Medicine have ac- lieve his advice should be taken to publican Party—you would be in favor tually recommended an immediate $2 heart by this body and we should move of a market-oriented approach like this increase. I just ask anybody in Amer- to support this amendment by Senator to curtail teen smoking. ica: Who do you believe? Do you believe KENNEDY. The only other alternative is that we Dr. Koop, the former Surgeon General I am a very proud cosponsor of this are really not talking about curtailing of the United States, who had the cour- amendment. Indeed, this is not a radi- teen smoking on the floor today; we age to talk about these issues to the cal departure. Two committees of the are talking about something else. But Nation, or do you believe the advertise- Senate have already passed this if you believe that we are here to re- ments of people who have an interest of amendment—the Senate Finance Com- duce teenage smoking, and you believe making millions and millions of dollars mittee and the Senate Budget Commit- that the market can work wonders in in the same way they have over the tee. They have done so on a bipartisan terms of allocated goods and services, years, people who were willing to lie basis. you should be supporting this amend- and lie and lie to the American people So what is at stake here is reaffirm- ment. about what the impact was, even when ing and confirming what has been done Now, as I indicated, the evidence is they knew what the impact was; people already, what has been advocated by replete from many different sources of who are willing to target our children public health officials; and that is to this effect. Reports from the Institute and say, ‘‘This is the next generation raise the price per pack by $1.50. of Medicine’s National Academy of of smokers. We have got to suck them Study after study has confirmed the Sciences, the National Cancer Insti- in. We have got to get them addicted.’’ fact that this will make an important tute, the Department of the Treasury, That is the fight on the floor of the impact on the rate of teenage smoking. the Surgeon General—all these indi- U.S. Senate—who is going to protect But these studies are less dramatic cate the correlation between price in- our children and who is willing to let than the words of people who probably creases and reduced teenage smoking. the companies off the hook? know best the effect of price and con- A National Bureau of Economic Re- The fact is the studies show that if sumption with respect to tobacco prod- search study in 1996 found that young you raise the price—now, is raising ucts—the wards of the industry itself. people were three times as sensitive to that price a little bit tough on some In 1981, a Philip Morris internal docu- cigarette prices as older smokers. working folks who buy the cigarettes? ment stated, and I quote: A 1997 study in Tobacco Control The answer is yes. I am going to be In any event, and for whatever reason, it is found a strong relationship between honest about that. But you know, it is clear that price has a pronounced effect on cigarette prices and youth smoking, a lot tougher when their kid gets can- the smoking prevalence of teenagers, and with each 10-percent increase in price cer, and it is a lot tougher when the that the goals of reducing teenage smoking resulting in a 9-percent reduction in country has to pick up the costs of and balancing the budget would both be youth smoking. 400,000 people a year dying as a result served by increasing the Federal excise tax In its 1998 report, ‘‘Taking Action to of this addictive substance. on cigarettes. Reduce Tobacco Use,’’ the Institute of It is a known fact that 86 percent of That is not Dr. Koop. That is not the Medicine of the National Academy of all of the people who smoke started proponents of this amendment. That is Sciences concluded that: S5182 CONGRESSIONAL RECORD — SENATE May 20, 1998 * * * the single most direct and reliable I support wholeheartedly and enthu- I believe that an important part of method for reducing consumption is to in- siastically the effort by my colleagues achieving that goal of a 65-percent re- crease the price of tobacco products, thus en- to ensure that we have an increase that duction is to raise the price of ciga- couraging the cessation and reducing the will do the job, that will have an effec- rettes to as high a level as can be level of initiation of tobacco use. tive way to curtail teen smoking. achieved without inducing other nega- A National Cancer Institute expert With that, I yield back my time to tive consequences, and to do that as panel in 1993 reported that ‘‘a substan- the Senator from Massachusetts. quickly as possible. For that reason, I tial increase in tobacco excise taxes Mr. KERRY. How much time did the am a cosponsor of this amendment may be the single most effective meas- Senator from Rhode Island consume? which would raise the price to what ure for decreasing tobacco consump- The PRESIDING OFFICER. There is has been recommended by the public tion,’’ and they also concluded that a total time of 54 minutes 20 seconds health community, $1.50 per pack, and ‘‘an excise tax reduces consumption by remaining. to do so in 3 years. This is consistent children and teenagers at least as Mr. KERRY. I yield 10 minutes to the with legislation which I have cospon- much as it reduces consumption by Senator from Florida. sored with Senators CHAFEE and HAR- adults.’’ Mr. GRAHAM. Thank you, Mr. Presi- KIN. The 1994 Surgeon General’s report, dent. It is not the only thing we need to do. likewise, indicated a real price increase PRIVILEGE OF THE FLOOR We also need to have a comprehensive would significantly reduce cigarette Mr. GRAHAM. Mr. President, I ask attack against teenage smoking. That smoking. unanimous consent Miss Susan Good- comprehensive attack needs to include All of this data, all of these studies, man of my staff be accorded floor privi- weapons such as restrictions on mar- come to the same conclusion: If we leges during the consideration of S. keting and promotion—no more Marl- want to reduce teenage smoking, if we 1415. boro Man, no more Joe Camel, appeal- want to use the efficient allocation The PRESIDING OFFICER. Without ing to our young people. It needs to in- mechanism of the market, we should objection, it is so ordered. clude effective cessation efforts in the raise the price to a significant level— Mr. GRAHAM. Mr. President, we schools through public methods of $1.50 per pack. have just been subjected in the U.S. communication. It needs to include Now, all of these experiences are aca- Senate to what I think could appro- look-back provisions which will sur- demic. We can have a battle of reports priately be described as a filibuster—4 charge the industry and individual and analysis back and forth here. But hours of wandering discussion on an companies if they fail to meet the na- we have a real-life example: amendment that is now before the Sen- tionally established goals for reduction In Canada, between 1979 and 1991, ate. of teenage smoking. All of those are when real prices increased from $2.09 to During those 4 hours of that fili- important. $5.42, smoking rates among young peo- buster, 500 American youth under the But the reality is that the single ple 15 to 19 years old fell from 42 per- age of 18 commenced their first use of most important part of achieving the cent to 16 percent while overall con- tobacco products. One-third of those goal of a 65-percent reduction in teen- sumption of tobacco products also de- 500 American youth during that 4-hour age smoking is to get the price to as clined—a huge decrease. filibuster who started to use tobacco high a level as reasonable as quickly as Now, this was a big sample, the coun- will die, die prematurely of a tobacco- possible. The best estimates are that 85 try of Canada. Real price increases and related affliction. percent of the effectiveness in terms of real dramatic results in decreasing I have heard as I walked through the reducing teenage smoking will come teenage smoking. And we have to do Chamber during this 4 hours mocking through monetary means. The other 15 this because we all know and we all re- comments: Does anybody believe that percent will be the softer, more psycho- cite repeatedly the statistics: 50 mil- we are really here to try to reduce logical efforts at education and re- lion Americans addicted to tobacco; 1 teenage smoking? Does anybody really straint on promotion and advertising. out of every 3 of these individuals will feel we are here to reduce teenage It is appropriate that we should be die prematurely from tobacco-related smoking? The answer is yes, we are using the monetary means as the prin- diseases; three-quarters of them want here to reduce teenage smoking. That cipal force to achieve the goal of a 65- to quit smoking, but they cannot be- is the only legitimate reason that we percent reduction. Some of those who cause it is an addictive substance. can be here. Anyone who does not start have spoken, either spoken directly or The conclusion they have come to their debate by a clear statement of spoken through the form of very elon- and we should is it is better that they their commitment to that objective gated questions, have inferred that never start. It is better that we take has debased this national debate about there is something wrong with insert- steps to curtail teenage smoking when the future of tobacco and the youth of ing the economic component into this there is a chance to divert a young per- America. debate. The fact is, there already is a son away from this addiction. We know In 4 hours, 500 American youth have substantial economic component. that over 90 percent of smokers started taken up smoking. Since May 20 of As Members know, four States, in- before they were 18—again, a clarion 1997, 1 year ago, the number is 1,095,000 cluding my own, have reached very sig- call to us to take action to protect the American youth under the age of 18 nificant settlements with the tobacco youth of this country. have taken up the use of tobacco, and industry, in which the industry essen- Each year, 1 million children become 365,000 of those American youth who tially admitted that their costs in regular smokers. And, as I said, one- have taken up tobacco in the last 1 terms of cost to treat people with ad- third of them will die prematurely. year will die prematurely of a tobacco- dictions related to their use of tobacco There are 5 million kids under 18 cur- related affliction. It is to them that are in the billions of dollars. This is rently alive today who will die from to- this debate is directed. not a cost-free decision if we do noth- bacco-related diseases across the coun- Mr. President, the best public health ing. If we do nothing, we accept the try. advisers available to us have rec- fact that we will continue having the It is disturbing, in my home State of ommended that we set as a goal a 65- American taxpayers pay these enor- Rhode Island, while smoking levels percent reduction in teenage smoking mous annual costs to treat the ill- have flattened out with respect to the over the next 10 years. That is a chal- nesses of people who have been induced overall population, high school stu- lenging goal, but it is an attainable to smoke tobacco. dents seem to be smoking 25 percent goal. It is a goal which is going to It is also appropriate in this era of more than they were just a few years stretch us in the political community. free-market economies, where we are ago. It is going to stretch those in the looking to laws such as supply and de- We have to act now. We have to use health, the education, and especially mand rather than laws of regulation as the most decisive tool we have, and the families of America to their best in a mean of affecting human behavior, that is price increases, to affect the be- terms of beginning to attack this that we insert as the cornerstone of havior of young people so that we will scourge which, as my colleague from this legislation a significant economic not see them needlessly die from to- Rhode Island has just indicated, is a disincentive for people to utilize to- bacco-related diseases. growing scourge of teenage smoking. bacco products, a disincentive which May 20, 1998 CONGRESSIONAL RECORD — SENATE S5183 we know will have its primary effect on proposal is to add $1.50. How does that says $1.50 a pack. The American Acad- younger smokers, smokers to whom turn into $3? It is magical. They don’t emy of Pediatrics say $1.50 a pack. discretionary income is more limited, really explain it, but they say that the Those are the public health groups. smokers who are less physically ad- $1.50 that would be imposed by this They have weighed in and they have dicted to the use of tobacco. Chamber all of a sudden turns into $3. made clear that is what we ought to Mr. President, for those who will op- Do you know whom they cite as an ex- do. pose this amendment, I issue this chal- pert? It is fascinating whom they cite But if you don’t believe the econo- lenge. If you are not prepared to accept as an expert. They cite Salomon SMITH mists, if you don’t believe the public the goal of a 65-percent reduction in Barney. They cite their analyst. health community, maybe you ought teenage smoking, then what is your It is very interesting to check the to listen to the New York Times, what goal and why are you prepared to sup- records on Salomon Smith Barney and they have said. They have said in an port a lessened goal, recognizing that see what they might have in the way of editorial this morning that you ought every percentage point below 65 per- tobacco holdings. Do you know what to go to $1.50 a pack. It is right here. cent means that you are consigning you would find out? Salomon Smith The New York Times of this morning: thousands of American young people Barney and the other source they have The bill, drafted by Senator McCain and each year to the scourge, the cost, the talked about this morning, Sanford approved by the Senate Commerce Commit- social issues related to the use of to- Bernstein, together, own over 50 mil- tee, would raise cigarette prices by $1.10 bacco, and one-third of those who start lion shares of stock in the two top to- * * * That amount should be increased to at the process will end up dying pre- bacco firms. Salomon Smith Barney least $1.50 per pack, which public health ex- owns 16 million shares of Philip Morris, perts estimate is needed to cut youth smok- maturely because of a tobacco-related ing * * * affliction? 3 million shares of RJR. Sanford Bern- If you are not prepared to accept the stein, the other analyst quoted here, The PRESIDING OFFICER. The time 65-percent goal, defend an alternative. owns 30 million shares of Philip Morris, of the Senator has expired. Mr. CONRAD. I ask for an additional If you accept the 65-percent goal but and they own 13 million shares of RJR. Do you think they are an objective ob- 2 minutes. are unwilling to accept those things Mr. KERRY. I ask unanimous con- server here? I don’t think so. I think which are necessary to achieve it, then sent to add 5 minutes total time. they have a lot at stake financially in what is your alternative? What will be The PRESIDING OFFICER. Is there the outcome of this debate, and they the additional items that you will sub- objection? stitute for what the best experts in the are trying to influence that debate Without objection, it is so ordered. public health community say is re- with this hocus pocus analysis—hocus Mr. KERRY. I yield 2 more minutes quired to achieve that 65-percent goal? pocus that turns a $1.50 price increase to the Senator from North Dakota. We know that some of those non- magically into a $3 price increase. It is Mr. CONRAD. Mr. President, if you economic factors are already under as- nonsense. don’t want to listen to any of those sault, such as the promotion in adver- The Treasury Department says that a folks, how about listening to the indus- tising. So it becomes even more impor- $1.50 price increase translates into— try itself. This, I think, is dispositive tant that we adopt the amendment, as surprise of all surprises—a $1.50 price on the debate. This is exhibit 11591 offered by Senator KENNEDY and oth- increase. The FTC says a $1.50 price in- from the Minnesota trial. Myron John- ers, which will raise the price to the crease translates into a $1.50 price in- ston, Philip Morris. Subject: Handling $1.50 level. crease. Dr. Harris at MIT, perhaps the and excise tax. These are the industry’s The PRESIDING OFFICER. The time most objective independent observer— own words: out of Government, out of industry— of the Senator has expired. The 1982–83 round of price increases pre- Mr. GRAHAM. Also having expired says that a $1.50 price increase trans- vented 500,000 teenagers from starting to during that 10 minutes I have been lates into a $1.50 price increase. smoke * * * those teenagers are now 18 to 21 speaking, have been 41 American youth Mr. President, the question of wheth- years old. This means that 420,000 of the non- who have taken up smoking during the er or not raising prices will reduce con- starters would have been Philip Morris time I have been speaking; 14 of those sumption is a very simple matter. smokers. We were hit hard. We don’t need will expire prematurely because of to- There isn’t an economist in America that to happen again. bacco-related affliction. It is to them who would tell you that if you raise Mr. President, if there is any ques- that this debate and this issue is dedi- the price of something, the consump- tion in any Senator’s mind as to cated. tion won’t fall. Every economist under- whether or not increasing prices will Mr. KERRY. Mr. President, I yield 7 stands that basic rule of economics. reduce youth smoking, here is what the minutes to the Senator from North Da- The experts all agree that youth smok- industry says, based on history. They kota. ing will decline as prices increase. Dr. say in 1982–83 when excise taxes were The PRESIDING OFFICER (Mr. Chaloupka, who has done perhaps the increased, 500,000 teenagers were pre- HAGEL). The Senator from North Da- most thorough study of all of the stud- vented from starting to smoke. Those kota. ies, concluded that a $1.10 price in- are the industry’s own words. If you Mr. CONRAD. Mr. President, I have crease would lead to a 32-percent reduc- don’t believe any of that, Mr. Presi- heard a lot of misinformation on the tion. Dr. Chaloupka’s work says that it dent, here is the experience in Canada. floor of the Senate this morning. I will lead to a 33-percent decline in The price went up, youth smoking heard the Senator from Texas talk usage, and the $1.50 will lead to a 51- went down. The relationship is as clear about an opinion piece in the Washing- percent decline in usage. Those are es- as a bell. ton Post this morning saying that if timates by economists. So the question before this body is, this $1.50 a pack were passed, we would We don’t need to just look to econo- Whom are we going to protect? Are we have a massive black market. The Sen- mists, we can look to the public health going to protect the lives of kids, or ator failed to point out who wrote the community. Here I have a letter from are we going to protect the profits of opinion piece. That opinion piece, Dr. Koop and Dr. Kessler, perhaps the the industry? This analysis shows that which I cited as being written by a Mr. two most credible sources on these if we go to $1.50, 2.7 million kids are Nick Brookes, was in fact written by questions. Dr. Koop, of course, is a going to be prevented from smoking. Mr. Nick Brookes. But who is he? He is former Surgeon General of the United That means 800,000 lives will be ex- the chairman and chief executive offi- States who served under a Republican tended and perhaps saved. cer of the Brown & Williamson Tobacco administration, and Dr. Kessler is a The industry says, well, it will bank- Corporation. Well, there is a credible former head of the FDA who served rupt them. Here are the facts. If we go source on this issue. under a Republican administration and to a $1.10-per-pack price increase, their It didn’t end there. I heard another of a Democratic administration. They say profits in 2003 will be $5 billion, accord- my colleagues suggest this morning $1.50 a pack. The American Lung Asso- ing to the Treasury Department. If, in- that what has happened here is going ciation says $1.50 a pack. The American stead, we go to a $1.50, their profits will to lead to a $3 increase in the price of Heart Association says $1.50 a pack. be $4.3 billion. So the choice is clear— a pack of cigarettes, even though the The American College of Cardiology 800,000 lives or $700 million in industry S5184 CONGRESSIONAL RECORD — SENATE May 20, 1998 profits. That is the question before this stantially reduce smoking participa- went down. We know that kids have Chamber. Do we save 800,000 lives of tion by young new smokers, but leave less disposable income. You raise the kids, or do we protect $700 million of industry sales largely unchanged.’’ price of the product, a few of them will industry profits? In other words, it is the young people say, ‘‘I don’t think I can afford this Mr. KERRY. Mr. President, I thank who decline. The old people, it does not habit.’’ the Senator from North Dakota. I par- affect them. That is a Philip Morris of- That is what we are driving at. The ticularly thank him for his leadership ficial saying that. experts come along and tell us that is on this issue. Mr. President, the evidence is clear. right. I yield 5 minutes to the Senator from The most effective thing we can do to We have a statement from Frank Rhode Island. prevent our children from taking that Chaloupka, Associate Professor of Eco- The PRESIDING OFFICER. The Sen- first deadly cigarette is to increase the nomics at the University of Illinois at ator from Rhode Island is recognized. price quickly and steeply. Chicago who says: ‘‘Based on this re- Mr. CHAFEE. Mr. President, I am de- I urge my colleagues to join me in search, I estimate that a $1.50 increase lighted to be here today to support this supporting the Kennedy amendment. in the federal cigarette tax’’—Senator important amendment offered by Sen- I thank the Chair. I thank the floor KENNEDY’s bill, which I support—‘‘im- ators KENNEDY, GRAHAM, HARKIN, and managers. plemented over 3 years and maintained others. I have worked closely with Sen- Mr. KERRY. Mr. President, I thank in real, inflation-adjusted terms, will ators BOB GRAHAM and TOM HARKIN for the Senator from Rhode Island. He has cut the prevalence of youth smoking in the past several months on the issue of worked on these issues for a long time. half.’’ a comprehensive tobacco bill. We came I think his voice is one of both reason to one inescapable conclusion, which and enormous credibility. Will price increases reduce teen has been voiced by the Senator from I yield 6 minutes to the Senator from smoking? Clearly they will. North Dakota and a host of others this Illinois. Second is a $1.50 price increase better afternoon: A steep increase in the price The PRESIDING OFFICER. The Sen- than $1.10? It is a reasonable question of tobacco products over a short time ator from Illinois. to ask. I think we can see what hap- is the single most important thing we Mr. DURBIN. Thank you, Mr. Presi- pens when we deal with an increase of can do to reduce tobacco use among dent. I thank our friend for yielding $1.50 over $1.10. children, or to deter them from taking this time. I thank the Senator from Take a look at this chart. If we had up smoking. Massachusetts for his leadership on no change in the cigarette tax, this is How did we come to this conclusion? this, and the senior Senator from Mas- basically what would occur. We would Well, Mr. President, we listened to the sachusetts for offering this important expect the same prevalence of smok- experts. Who are the experts? They are amendment. ing. If we had a change of a $1.10 in- economists, public health researchers, For those of you following this de- crease in the cost of cigarettes, we can and even tobacco industry officials. bate who are wondering what is hap- see a 34-percent reduction in the num- They have all concluded that price in- pened here, we are 4 hours behind ber of young people who are smoking. creases dramatically reduce smoking where we were supposed to be. There Now, take a look at $1.50. The conclu- among children. was a minifilibuster on the floor here sion is obvious; a 56-percent reduction. When I say experts, who am I talking when the Senator from Missouri took So as we increase the price of the about? Mr. President, there are plenty the floor and slowed us down. So we product, children stop using it, not to choose from. The Institute of Medi- will have a backlog of amendments only in economic models, but in our cine, the National Academy of with the Memorial Day weekend com- historical experience in Canada. Sciences, the National Cancer Insti- ing in the hopes that we will not finish The third question is this taxpayer. tute, U.S. Department of Treasury, and this bill. This is a time-honored Senate That is a legitimate question. U.S. Surgeon General have all docu- tradition. You have seen it earlier on I will concede that the opponents of mented the fact that increases in to- the floor. We are now 4 hours late. this tobacco legislation say that this bacco prices have been shown to de- I have an important amendment to tax will necessarily hit lower-income crease tobacco use among children. offer, and I hope to offer it today. And Americans the hardest because they Furthermore, Mr. President, econo- others want to do the same. I say to smoke the most. There are a lot of ex- mists from the Massachusetts Institute those who are joining in the planations for that, not the least of of Technology, University of Illinois at minifilibusters that the clock may be which is the tobacco industry, which Chicago, University of Michigan, on their side but history is not. They over the years has really targeted among others, have found a strong re- are on the wrong side of history in sup- those folks. Go into any inner-city area lationship between cigarette prices and porting the positions of the tobacco in America and take a look at the bill- youth smoking. Cigarette prices go up, companies. boards and you will see block after youth smoking declines; cigarette Pick up the morning paper and take block of alcohol and tobacco advertis- prices go down, youth smoking in- a look at what the tobacco companies ing. They believe that these folks and creases. These institutions that I are telling Americans about why they that income category are more vulner- ticked off are hardly fly-by-night insti- oppose the McCain bill, and why they able to become addicted to tobacco tutions. believe the legislation we are consider- If we doubt the expertise of these ing on this floor, which would increase products. They have been successful in groups, why don’t we take a look and the cost of a pack of cigarettes to re- luring them. see what the tobacco industry has said. duce the number of children smoking, So we can tax the product and it will I know the Senator from North Dakota the tobacco companies say that is necessarily hit those in the lower-in- has some quotes from the tobacco in- wrong. Are the tobacco companies come category. Is it fair for us to tax dustry. I would like to supplement credible? it? We generally asked Americans what those with others. Exhibit A, photograph A, eight to- they thought of this idea. I think you In 1981, the Philip Morris documents bacco company executives, 4 years ago might be interested in the results. show that company officials said the standing before a House committee, When a poll was done, this poll was following: under oath swearing that tobacco is done by a national organization paid ‘‘Since youth and young adult price not addictive. I rest my case about for by the American Cancer Society elasticity are much larger than adult their credibility. and released a few days ago. The re- price elasticity’’—in other words, the There are three issues for us to con- sults are that a majority, 59 percent of relationship between price going up, sider here in this debate. Americans, favor a $1.50-per-pack in- consumption down; price down, con- The first, will price increase reduce crease, Senator KENNEDY’s proposed in- sumption up; those are what we call teen smoking? It has been shown and crease, while only 39 percent oppose. elasticities—‘‘while adult smokers ac- needs to be shown again. We have a liv- When they were asked what would count for the bulk of cigarette sales, a ing example in Canada. As the price of you do with the money that is raised, substantial excise increase would sub- the product went up, children smoking what do you think is a reasonable May 20, 1998 CONGRESSIONAL RECORD — SENATE S5185 thing to do with these new tobacco rev- that after a study of about 18 months And that is what the tobacco compa- enues, they said additional health re- we would reconsider and look at what nies are doing. They are trolling. They search on cancer, heart disease, and the consequences were. are fishing with bait for more smokers. other tobacco-related illness. Well, it was overwhelmingly popular They now have a campaign on, a That is in this bill. That is exactly across the country. People began to de- campaign to deceive the American peo- what we are setting out to do: 82 per- mand that we stop smoking in air- ple, a campaign to say that they are cent to fund antitobacco education pro- planes altogether. Some said, ‘‘How just another business and that all these grams—they think that is a good can you suggest that a 2-hour ban is all jobs of the people who work in the to- idea—81 percent, programs that are di- right but a 4-hour plane ride is full of bacco industry will be lost and the rected toward children to get them to smoke?’’ taxes will be lost. And meanwhile, stop smoking. And so it was by popular demand what they do we wouldn’t accept from So you see what we have here is an that we were able to get that kind of a anybody offshore who wanted to attack attempt to slow down the debate on an ban in place. And I remind my friend our America, kill 400,000 people a year, important piece of legislation that is and colleague, Senator DURBIN, in maim lots of others, render them at literally historic. April, the month just closed, we had times unable to conduct their normal Eleven years ago, the Senator from the 10th anniversary of the implemen- activities, lost productivity from their New Jersey, FRANK LAUTENBERG, and I tation of the smoking ban in airplanes. jobs, et cetera, and get a tax deduction embarked on a little project. I was a I can tell you, if there is one thing that besides—besides all other things, to be Member of the House at the time and gets you an applause line when you are able to deduct the cost of addicting he was here in the Senate. The two of doing a town meeting or meet in front people, seducing children. It is an out- us introduced and successfully passed of a group, when you say you were part rage. legislation to ban smoking on air- of the authorship of the smoke ban in Part of the campaign now is very in- planes. It was the first time the to- airplanes, people say thank you, thank teresting. I get mail, as we all do, from bacco lobby lost on the floor of the you, thank you, and tell you tales constituents. I have a letter here from House and the Senate in history. I was about not being able to fly before, hav- a fellow named Jack McDonnell, Ruth- proud to be a part of that partnership ing respiratory problems, asthma, you erford, NJ, which, by the way, is also the home of Tom Pickering, Deputy with Senator LAUTENBERG, and am name it, could not get in an airplane, happy to serve with him today and to and today they feel as if they have Secretary of State, a great diplomat. Mr. McDonnell writes: be part of this debate as well. been freed. How far we have come. Let us not Well, it is the same thing here. This My family received a letter today from the RJ Reynolds Tobacco Company. The letter miss this historic opportunity to pass debate, frankly, I must tell you, Mr. was addressed to my mother, and requested the Kennedy amendment to make cer- President, borders at times on the that she write to you protesting the proposed tain that the $1.50 increase will truly silly. We have to make a decision here tobacco legislation . . . Unfortunately, she reduce the number of kids smoking to about what we are going to do about could not respond herself. She died this Feb- make certain that the goal of this leg- protecting the health of our people ruary after a long and horrible struggle islation to protect our children is one from the ills caused by tobacco and against emphysema. My father, another ex- nicotine. And we have come to a con- smoker, has been diagnosed with terminal that is served. The tobacco companies lung cancer. My family understands the real have spent billions of dollars to lure clusion, a sad conclusion, that we can- costs involved here, and the cost of smoking and addict these children. Do we have not change the course of action. I say far exceeds the costs of this legislation. the courage on the floor of the Senate this, and I say it with terrible regret. Now, what happened is the tobacco to beat back the filibuster and to mus- We cannot change the habits of some 40 companies—and the companies I will ter the votes to protect those children million-plus Americans who are ad- read off here include Brown & and their families? I think we do. dicted to tobacco and nicotine. Williamson Tobacco Company, I rise in strong support of this legis- How they got started is a debate of Lorillard, Philip Morris, Inc., RJ Rey- lation. I hope my colleagues will join and by itself, whether it was like it was nolds Tobacco Company, United States me in voting for it. with me in the Army when they used to Tobacco Company. They send a letter I yield the remainder of my time. give us in our emergency rations, in out to people and they write: Mr. KERRY. Mr. President, I thank case we got separated from our units or Dear Mr.— the Senator from Illinois for his ex- had to depend on that for our suste- In this case, Robert Martin— tremely articulate and compacted com- nance—you always had a four-cigarette Since you registered your support for the ments. I think it is the House training pack that you could call on in the proposed resolution reached last year be- that permits him to come over and do event of an emergency when you need- tween the tobacco industry and Government that. ed a smoke. People were always wait- officials, private plaintiffs’ lawyers, and Mr. President, I yield 8 minutes to ing for the smoking lamp to go on so members of the public health community, the Senator from New Jersey. that they could smoke. It was encour- Washington has decided to press an agenda The PRESIDING OFFICER. The Sen- aged. It was part of our psyche. based on politics. ator from New Jersey is recognized. I can tell you also, as one who Politics, not reason. Mr. LAUTENBERG. Thank you, Mr. smoked for 20-some years, that stop- Washington has been overtaken by politi- President. I thank the distinguished ping was no easy chore. It is not easy cians’ insatiable desire to tax and spend. Senator from Massachusetts for allow- for the 40-plus million Americans who Not by the insatiable desire of a ing me part of the time in the remain- are hooked, stuck, can’t get out of the mother and father to save the well- ing minutes for the debate on this tobacco habit. I haven’t yet met any- being of their child, not in terms of amendment. one who smokes who hasn’t said to me: families who want to keep the family Mr. President, I want to say, first, You know, I stopped a dozen times. I together and do not want to see just a quick note to my colleague now once stopped for 3 weeks. I once grandpa with emphysema when he gets in the Senate, formerly in the House, stopped for 4 weeks. And then my to be an age when he could still be Senator RICHARD DURBIN from Illinois, brother had the car accident. Or, my functioning normally. No; they de- that at the time we worked on the team lost on the baseball diamond and scribe the insatiable appetite of the smoking ban in airplanes, it looked we all started smoking and sitting politician. Well, Mr. Martin writes to me. They like a hopeless quest. Everyone said, around and moaning—here we are, gave him a postcard to which he could ‘‘You will never get it by.’’ We worked, can’t get away. we pleaded, we cajoled, and we tried ev- But we can get away from it if we affix a signature and send it to my of- fice. And it says: erything that we knew. help our children not to start smoking But the odds on the other side were in the first place, if we can stop them DEAR SENATOR LAUTENBERG: I strongly urge you to oppose any tobacco legislation formidable against us. And finally we before they take the first puff, the sec- that raises taxes, produces a black market in were able, through consensus, to de- ond puff, or the 20th puff on a ciga- cigarettes, threatens nearly 2 million Amer- velop a bill that took a 2-hour ban on rette, because we know that the hook ican jobs and expands the Federal bureauc- smoking in airplanes with the promise takes like that, like a fish after bait. racy. S5186 CONGRESSIONAL RECORD — SENATE May 20, 1998 Reject these things. And it is signed is the credibility of the industry. The crease. If it is $1.10, their profits in 2003 with his name. He wrote underneath industry has a long history here of tell- will be $5 billion. If it is $1.50, their that postcard. He sent me a sample of ing us things that just aren’t so. I profits are $4.3 billion—a difference of the postcard. think we can all remember when the $700 million in profits to the tobacco DEAR SENATOR LAUTENBERG: I received this industry executives came before Con- industry in 2003 versus the question of item in the mail. As you can see, I was polled gress, and, under oath, told the U.S. the lives of 800,000 kids. This is the over the telephone by a machine. The mate- Congress a series of things. One of the question before the Chamber, the lives rial given over the phone was very mislead- things they told us is: ‘‘Tobacco has no of kids or the profits of the tobacco in- ing the way that it was presented. I am ill health effects.’’ dustry. I hope and expect my col- against smoking and like to see it abolished. This is from the industry’s own docu- leagues will vote to protect the lives of I am a lung cancer survivor. Keep up the the kids over the profits of the tobacco good work. ments, which is a reflection on that claim. This is a 1950s Hill & Knowlton industry. And it carries the signature of Bob memo quoting an unnamed tobacco I yield the floor and yield the re- Martin. He says: company research director who said: mainder of my time. If there is anything that I can do to be of Mr. KERRY. I thank the Senator Boy, won’t it be wonderful if our company help, please call. was the first to produce a cancer-free ciga- from North Dakota again. How much And he lists his phone number. rette. What we could do to the competition. time remains? The PRESIDING OFFICER. The Sen- So that is the kind of campaign that The second claim by the industry has ator has 13 minutes 9 seconds. is going on with these tobacco compa- been that nicotine is not addictive. nies, designed to deceive the public Mr. KERRY. I yield myself 3 minutes Again, looking at their own docu- and then I will yield the rest to my col- that this is a major kind of public in- ments, this is a 1992 memo from Bar- terest campaign that the citizens are league from Massachusetts. bara Heuter, director of Portfolio Man- We heard an argument here today rising up against. Let them tell the agement for Philip Morris’ domestic that the price is too high and that we real story. Let them talk about the tobacco business. should not have this increase on the 400,000 deaths. Let them talk about the Different people smoke cigarettes for dif- price of cigarettes because it is unfair lung disease. ferent reasons. But, the primary reason is to to working people. I talked earlier The PRESIDING OFFICER. The Sen- deliver nicotine into their bodies. . . . Simi- about the impact on working people of ator’s time has expired. lar organic chemicals include nicotine, qui- not having this increase. But we heard Mr. LAUTENBERG. If I could have 1 nine, cocaine, atropine, and morphine. quoted during the course of the mono- more minute, please. These are not my words. These are log this morning a statement by the Mr. KERRY. Mr. President, I yield to not the words of the public health com- CBO. I would like to put in the RECORD the Senator an additional minute. munity. These are the industry’s the ‘‘Congressional Budget Office Pro- Mr. LAUTENBERG. We have to get words. And it doesn’t stop there. posed Tobacco Settlement,’’ a state- on with the task of passing the $1.50- Tall tale No 3: ‘‘Tobacco companies ment of April 1998, in which they say: per-pack fee. I point out to you, Mr. don’t market to children.’’ Based on a review of the empirical evi- President, and those who can see it, This is from a 1978 memo from a dence, CBO concludes that price increases that the price of cigarettes in major in- Lorillard tobacco executive. He said, would have a significant negative effect on dustrial nations is quite a bit different ‘‘The base of our business are high consumers’ demand for cigarettes and, de- than we have here in the United school students.’’ pending on the ultimate increase in price, States: Norway, $6.82 a pack; Denmark, High school students are the base of could be a highly effective way of reducing $5.10 a pack; United Kingdom, $4.40. their business. Is there any wonder why smoking in the United States. Down we get to the U.S.A., with a cur- we are here on the floor, talking about That is the Congressional Budget Of- rent price of about $1.94. trying to raise prices to deter teen fice. Every single independent analy- We know one thing, Mr. President. smoking to save lives? We have the evi- sis—and I am talking independent We have heard it in testimony and dence from the industry itself. And it analysis, not hidden analyses that are statements given by colleagues in the doesn’t stop there. really one of the tobacco companies Chamber that the way to stop teen Tall tale No. 4 in this presentation: under some pseudonym. We are talking smoking most abruptly, to give them a ‘‘Tobacco companies don’t market to about the health experts of America, jolt so that they will bolt, is to raise children.’’ the people who do these under peer-re- that price and raise it quickly and suf- This is from a 1975 report from Philip viewed and appropriate methods of ficiently. And $1.50 a pack will do it. Morris researcher, Myron Johnston: independent study. They all suggest if With the $1.50 a pack, we can see sub- Marlboro’s phenomenal growth rate in the you raise that price you will reduce stantial reductions in the number of past has been attributable in large part to teen smoking. I think every parent in those who start smoking. And I hope our high market penetration among young America understands it. Every kid in that when the votes are counted here, smokers . . . 15 to 19 years old . . . my own America understands it. It is fun- data . . . shows even higher Marlboro mar- damental common sense as well as eco- people will look and see how their Sen- ket penetration among 15–17 year olds. ators voted to see whether or not they nomics. If the price of something goes In this morning’s New York Times are going to stay with the tobacco up and you have only so much money we got more confirmation of where this companies or whether they are going in your pocket, you decide differently industry stands: to stay with the families and protect how you are going to spend it. That is the children who will be dependent Last year they estimated that the price in- why we need to heed the advice of Dr. crease in the June plan would cause sales to Koop, Dr. Kessler, all of these experts, upon tobacco in the future. drop by nearly 43 percent among all smokers The PRESIDING OFFICER (Ms. COL- and do this. over a decade. But now that Congress is con- In addition to that, we have heard if LINS). The Senator’s time has expired. sidering raising prices by twice that much, you raise the price it will, in fact, in- Mr. LAUTENBERG. I yield the floor. producers have turned around and said that Mr. KERRY. Madam President, I be- higher prices would undermine, rather than crease smuggling. But the truth here lieve I have about 20 minutes left; is help, efforts to reduce youth smoking. again is something different. The Dep- that correct? This is a question of lives versus uty Secretary Treasury, who is respon- The PRESIDING OFFICER. There profits—lives versus profits. That is sible for Customs and much of our anti- smuggling effort, said: are 18 minutes 16 seconds remaining. what the evidence shows. Madam Presi- Mr. KERRY. I appreciate that. I yield dent, 800,000 children will not suffer The creation of a sound regulatory system, one that will close the distribution chain for 5 minutes to the Senator from North premature death if we go to $1.50-a- tobacco products, will ensure that the diver- Dakota. pack price increase. The question is, sion and smuggling of tobacco can be effec- The PRESIDING OFFICER. The Sen- lives, 800,000 lives, versus profits of the tively controlled, and will not defeat the ator from North Dakota is recognized industry, $700 million of profits. Be- purposes of comprehensive tobacco legisla- for 5 minutes. cause that is what the experts at tion. Mr. CONRAD. Madam President, one Treasury tell us is the difference be- Madam President, that is precisely of the key issues before this Chamber tween $1.10 and $1.50-a-pack price in- what the Senator from Arizona and the May 20, 1998 CONGRESSIONAL RECORD — SENATE S5187 others who have worked on this bill one of the great leaders on the issue of years of age; 37 percent are 14 and have done. There is an effective regime tobacco. younger; 62 percent are 16 years of age in here for antismuggling. There is ad- I am enormously grateful for Senator and younger. ditional money for enforcement. There DURBIN’s comments as a leader not These are the individuals who are are additional requirements of mark- only in the Senate now but also in the targeted by the tobacco industry. I lis- ings on cigarette boxes. There is a li- House of Representatives. And the elo- tened to those crocodile tears of our censing of company requirements quence of BOB GRAHAM earlier today colleagues on the other side of the aisle throughout the distribution chain. and the compelling arguments that he about how distressed they are about There is accountability in the system. made, I thought, were enormously con- what is happening to working families. And there is the ability to enforce. vincing. I give them reassurance, they will have Moreover, most of the problem of JACK REED of Rhode Island has been a nice chance to vote for an increase in smuggling recently has been American a strong member of our task force and the minimum wage later on, and we cigarettes going to Europe, because a strong defender of public health. will see how distressed they are about they have the higher price and we have TOM HARKIN, who has been in and out all those working families that they the lower price. So this will, in effect, and has spoken frequently on this issue are agonizing about and so distressed reduce that and create an equilibrium. at different times, and many others, I about because this is a regressive tax. I think most of those arguments have, can go down the list of so many in our The reason it is a regressive tax is frankly, been misplaced. caucus. I also thank our friend and col- because it is the tobacco industry that In the final analysis, this is a vote league from Rhode Island, Senator has targeted the needy and the poor about our children. We all know the re- CHAFEE, for his very strong support on and the working families of this coun- alities. The statistics have been thrown this issue. I commend him for making try. It is the tobacco industry that is out again and again. We know how his statement. He is someone who has to blame. It isn’t these families. How many kids start smoking every day. been strongly committed to children elite and arrogant it is for those on the We know how many will die. We know on different health matters over the other side of the aisle to cry these to a certainty how many Americans years. I thank him for his leadership, crocodile tears for working families are dying every year as a result of the and I thank others of our Republican and their children who are going to get habit they gained when they were kids. friends who voted for this in the Budg- cancer and they don’t want to pay If people want a tax cut, the greatest et Committee, as well as in the Fi- those taxes. Those working families tax cut you could get is to reduce the nance Committee. care about their children. They care burden of their health insurance, the We are very hopeful that in just about them no less than those who burden—I yield myself 1 additional about 20 minutes or so, when the roll is come from a different socioeconomic minute—the burden of all of the costs called, that a majority of the Members background. How arrogant can you be? of our society as a consequence of this on both sides of the aisle, Republicans How insulting can you be to make that addiction, of this narcotic substance. It and Democrats alike, are going to vote argument on the floor of the U.S. Sen- is incomprehensible that we should not with the American people, with the ate. make it fit into a comprehensive plan families of America and for the chil- Finally, Madam President, there can of control, which is precisely what is in dren of America. be no argument about what has hap- this legislation. There will not be a single vote in the pened over recent times, the explo- So the vote here is very simple. You U.S. Senate this year that will be more sion—the explosion—of use of tobacco can vote to try to save the lives of chil- important to 275,000 children than the by teenagers. It is a national disgrace. dren or you can vote on the side of all vote that we are going to have 20 min- It is a national disgrace, and we are the money that is being spent in those utes from now. We have the oppor- faced with these facts. advertisements to protect tobacco tunity to make a major difference, a You can talk about smuggling all companies and keep their profits at the lifesaving difference for those 275,000 you want. You can talk about it all you rate they are now at the expense of our children. want. These are the facts. This is the children. That is exactly what the vote The overwhelming, uncontroverted issue. Public health is the issue, the is on the Senate floor. Every expert evidence that has been demonstrated fact that it is an 80-percent increase says: Raise the price, you reduce smok- during the afternoon of yesterday, last among the black youths in this coun- ing of kids. If you don’t do that, then night and in the course of today is the try, 35 percent by Hispanic youths, 28 you wind up allowing those kids to fact that this kind of amendment that percent of the white youths of this continue to smoke, to continue to die, we are offering today that will have bi- country, 32 percent year after year to continue to be addicted. partisan support can make the greatest after year after year because of the I think the choice is very, very clear. difference in the public health of the policies of the tobacco industry. And I yield the remainder of my time to the people of this Nation than any other we can do something about it on the sponsor of this amendment, the senior action that we will take in the course floor of the U.S. Senate. The question Senator from Massachusetts. of this year. That is a fact, Madam is, Will we do so? The PRESIDING OFFICER. The Sen- President. It is the most important The question comes back, If we have ator from Massachusetts. vote that we will have this year on to defend ourselves again, all you have Mr. KENNEDY. I thank my friend. public health for the families of this to do is—there is one simple chart. We How much time remains? country, and we will have it in just a all had our statements and our charts. The PRESIDING OFFICER. The Sen- few moments. This one says it all. What this chart ator from Massachusetts has 8 minutes We don’t have to go over the facts. says very simply and is expressed very 20 seconds. We know what will happen if this clearly by Philip Morris in a memo of Mr. KENNEDY. I yield myself 71⁄2 amendment is successful. More than 1987—listen to this: minutes, if I could, please. 750,000 young people will not involve The 1982–1983 round of price increases pre- Madam President, I, first of all, themselves in smoking; 250,000 will not vented 500,000 teenagers from starting to thank our leader, Senator DASCHLE, develop cancer of the lungs; 250,000 will smoke. This means that 420,000 of the non- who has been a strong supporter of this not develop heart disease because of starters would have been Philip Morris particular amendment, a strong de- smoking; 250,000 of them will not de- smokers. We were hit hard. We don’t need fender of the health of the young peo- velop emphysema, and the list goes on that to happen again. ple of this country and their families, with diseases that result from smoking There it is on the chart. There it is in and my colleagues who have all spoken in this country. 1982. This is the spike in the increase of here, and spoken very eloquently and Who are we talking about? We talk price, and that is the drop in terms of compellingly. about children in this country, but teenage smoking. I thank my friend from Massachu- let’s be very clear about who those The PRESIDING OFFICER. The Sen- setts, our floor manager, JOHN KERRY, children are. We are talking about chil- ator’s time has expired. KENT CONRAD, the chairman of our task dren who are as young as 12 years of Mr. KENNEDY. I will take 1 more force, and FRANK LAUTENBERG, who is age. Sixteen percent get started at 12 minute. S5188 CONGRESSIONAL RECORD — SENATE May 20, 1998 I say this is demonstrated right here The yeas and nays were ordered. NAYS—26 as clear as can be. What we have seen The PRESIDING OFFICER. To ascer- Allard Faircloth Kyl is, as the price has gone up over a pe- tain the presence of a quorum, the Ashcroft Gramm McConnell riod of years, teenage smoking has Burns Grams Nickles clerk will call the roll. Coats Hagel Sessions gone down, except in 1982 when we had The assistant legislative clerk pro- Cochran Helms Shelby the wars, then we had the drop, and we ceeded to call the roll. Coverdell Hutchinson Thomas see that incredible spike and the level- Mr. KERRY. Madam President, I ask Craig Hutchison Thompson Domenici Inhofe Warner ing years with $5 billion a year in to- unanimous consent that the order for Enzi Kempthorne bacco advertising, getting those chil- the quorum call be rescinded. ANSWERED ‘‘PRESENT’’—1 dren, holding those children, addicting The PRESIDING OFFICER. Without those children in this country. objection, it is so ordered. Lott Madam President, now is the time. Mr. KERRY. Madam President, I ask NOT VOTING—1 Now is the time to speak up for the unanimous consent that at the conclu- Smith (NH) children of this country. Now is the sion of the vote on the tabling of the The motion to lay on the table the time to speak out about public health. Ashcroft amendment, the Senator from We have not heard all morning long, all amendment (No. 2427) was agreed to. Texas be afforded 10 minutes to speak, Mr. KERRY. Madam President, I last night, all yesterday, we have not at which point the vote on whatever heard the opposition give the name of move to reconsider the vote. might occur. Mr. BOND. I move to lay that motion one notable, credible public health offi- Mr. KENNEDY. Reserving the right cial who denies what we have stated on the table. to object, will the Senator restate that The motion to lay on the table was hour after hour about the dangers for please? the children of this country—not one. agreed to. Mr. KERRY. Madam President, the They can’t answer it. The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- request is that we would vote on the the previous order, the Senator from ator’s time has expired. tabling of the Ashcroft amendment Texas is recognized to speak for 10 min- Mr. KENNEDY. That is why this now, at the conclusion of that there utes. amendment should be accepted. would be 10 minutes for the Senator f from Texas to speak, at which point Mr. ROBB. Madam President, I rise AMENDMENT NO. 2422 the manager for the majority, Senator in opposition to the amendment offered Mr. GRAMM. Madam President, we MCCAIN, would be recognized. That is by the Senator from Massachusetts. I have had over a dozen Senators who my request. do so fully supporting what the authors have stood up and said that while the of the amendment seek to achieve—a The PRESIDING OFFICER. Is there Kennedy amendment raises the effec- reduction in teen smoking. objection? Without objection, it is so tive tax on a pack of cigarettes to $1.50 I, too, want to keep tobacco out of ordered. per pack, it has absolutely nothing to the hands of children. And I’m con- Mr. KERRY. I thank the Chair. do with money. Over and over, our col- vinced that the best way to achieve Mr. MCCAIN. The yeas and nays have leagues have said this is not about that goal is to pass a reasonable, com- been ordered? money, it is about children. They say prehensive tobacco bill. I have not The PRESIDING OFFICER. The yeas they don’t want the money, they want abandoned hope that such a reasonable and nays have been ordered. the impact of higher cigarette prices to bill can still be achieved. But I am con- The question now occurs on agreeing discourage children from smoking. vinced that this amendment will make to the motion to lay on the table the It seems to me, Madam President, it more difficult to pass comprehensive amendment offered by the Senator that if that is in fact what they want, legislation, and I therefore will vote from Missouri, Senator ASHCROFT. The that there is a simple way to give it to against it. yeas and nays have been ordered. The them, and that is, we should attach to For over a year, I have been saying clerk will call the roll. that I believe a resolution of these the Kennedy amendment a tax cut The assistant legislative clerk called aimed at the very people who are pay- issues that have dogged the tobacco in- the roll. dustry are in the best interests of all ing this increase in the price of ciga- Mr. LOTT (when his name was rettes. In doing that—may I have concerned, including children, public called). Present. health advocates, tobacco farmers, order? Mr. NICKLES. I announce that the Mr. KERRY. Madam President, I workers and their communities, the Senator from New Hampshire (Mr. make a point of order that the Senate states and yes, the companies. To SMITH) is necessarily absent. is not in order. achieve the delicate balance that is a The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- prerequisite to enacting such a com- any other Senators in the Chamber de- ate will be in order. We will not pro- plex bill, however, we need to remain siring to vote? ceed until the Senate is in order. The centered. If the bill becomes too puni- The result was announced—yeas 72, Senator from Texas is entitled to be tive in the one direction, or too protec- nays 26, as follows: heard. The Senator’s time will not tive in the other, we will fail ulti- [Rollcall Vote No. 143 Leg.] begin until there is order. mately to take advantage of this his- YEAS—72 The Senator from Texas. toric opportunity to resolve these Mr. GRAMM. Madam President, I issues. Abraham Feingold Lugar In that same spirit, I intend to op- Akaka Feinstein Mack thank the Presiding Officer. Baucus Ford McCain Madam President, we have a di- pose other amendments which would, if Bennett Frist Mikulski adopted, make final passage of a rea- Biden Glenn Moseley-Braun lemma in that our colleagues assure us sonable bill much less likely. Bingaman Gorton Moynihan that while this amendment raises hun- Bond Graham Murkowski dreds of billions of dollars, that it is Mr. KERRY addressed the Chair. Boxer Grassley Murray The PRESIDING OFFICER. The Sen- Breaux Gregg Reed not about money. They say they don’t ator from Massachusetts. Brownback Harkin Reid want the money, they want the impact Bryan Hatch Robb AMENDMENT NO. 2427 of higher cigarette prices. But yet the Bumpers Hollings Roberts cold reality is, those prices are going Mr. KERRY. Madam President, I Byrd Inouye Rockefeller move to table the Ashcroft second-de- Campbell Jeffords Roth to be paid in higher out-of-pocket costs gree amendment No. 2427, and I ask for Chafee Johnson Santorum by blue-collar workers all over Amer- Cleland Kennedy Sarbanes ica. Thirty-four percent of the cost of the yeas and nays. Collins Kerrey Smith (OR) The PRESIDING OFFICER. Is there a Conrad Kerry Snowe this tax increase that is now pending sufficient second? D’Amato Kohl Specter as an amendment here in the Senate Mr. GRAMM. Madam President, I Daschle Landrieu Stevens will be borne by Americans who make DeWine Lautenberg Thurmond less than $15,000 a year. Forty-seven suggest the absence of a quorum. Dodd Leahy Torricelli The PRESIDING OFFICER. There Dorgan Levin Wellstone percent of it will be borne by Ameri- appears to be a sufficient second. Durbin Lieberman Wyden cans who make less than $22,000 a year. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5189 And 60 percent of it will be borne by than $50,000 a year, and give them the Kennedy amendment. Before I do, I Americans who make less than $30,000 money back. Also under our provision, would like to, for the benefit of my col- a year. None of this tax increase will be we would adjust for the marriage pen- leagues who would like to know what paid for by tobacco companies. Sixty alty before you calculate the earned in- is going on here, say our intention is— percent of the tax increase will be paid come tax credit so that the substantial and none of this is by unanimous con- for by Americans who make less than amount of the benefits would go di- sent—but our intention is to move to $30,000 a year. rectly to those Americans who are the Senator from New Hampshire, Sen- So if the motion to table the Ken- making less than $10,000 a year who are ator GREGG, who has an amendment nedy amendment fails and the Kennedy going to see their Federal tax burden concerning immunity. amendment remains pending, it would grow by over 50 percent under this bill. In our custom of going back and be my objective to offer, along with I would like to first ask my col- forth, since Senator GRAMM was the Senator DOMENICI, a second-degree leagues to remember, this is not Joe last speaker, I would like to have Sen- amendment that will repeal the mar- Camel that this bullet is getting ready ator KERREY of Nebraska be able to riage penalty for working Americans in to hit. This is not a big tobacco com- speak for about 15 minutes. Then we families that earn less than $50,000 a pany. This is Joe and Sara Brown, two would move to Senator GREGG. year. In doing so, Senator KENNEDY hard-working Americans who have I would like to have a vote on that would have the higher cost of tobacco, been induced to smoke. They are the tonight. But I also urge my colleagues but the same people who are paying victims in this whole process. And, yet, to come and talk on the bill as well as that tax, while seeing the cost of ciga- we are getting ready to take $712 a its amendment, because I have been rettes rise would, by having the mar- year out of their pockets. If we don’t told by Members on both sides of the riage penalty eliminated, where Ameri- table this amendment—and I hope we aisle that there is great frustration cans who fall in love and work at the do table it—Senator DOMENICI and I that they have not been able to address same time and get married now end up will offer an amendment that will take the entire bill, much less amendments. paying higher taxes for the privilege of the money that is raised from this tax I intend to stay tonight as long as is being married, have that penalty elimi- increase and we will give it back to the necessary. I will force the Senator from nated, so that we would still get the very people who are going to pay these Massachusetts to do the same thing, higher taxes. But we will give it back impact of a higher price on inducing and we will try to get as much debate to them by eliminating the marriage children not to smoke. and discussion of this very important penalty, so that they will have to pay But blue-collar working Americans, a bill before we leave tonight. more for tobacco, and hopefully they waitress and a truck driver who are Madam President, at this time I will stop smoking. But they won’t be married and who both smoke, under move to table the Kennedy amendment poorer. They won’t see their Federal this bill will pay an estimated $712 in and ask for the yeas and nays. new taxes, new excise taxes. We should tax burden go up by 50 percent. They won’t be crushed by an oppressive and The PRESIDING OFFICER. Is there a give that money back to them in a tax sufficient second? cut so that we don’t dramatically very, very punitive and regressive tax. Let’s remember, it is the victim of There is a sufficient second. lower the living standards of blue-col- the process who is being assaulted by The yeas and nays were ordered. lar workers. this amendment. I hope my colleagues The PRESIDING OFFICER. The I want to remind my colleagues of will vote for the McCain motion to question is on agreeing to the motion. the incredible fact that the amendment table it. But if they don’t, Senator The yeas and nays have been ordered. before us, the Kennedy amendment, DOMENICI and I will try to give our col- The clerk will call the roll. will mean that Americans who make leagues what they claim they want. The legislative clerk called the roll. less than $10,000 a year will see their That is, they want the tax; they don’t Mr. LOTT (When his name was Federal taxes rise by 53 percent. want the money. Well, let’s give the called). Present. So I urge my colleagues, in this rush money back to blue-collar working Mr. NICKLES. I announce that the to tax tobacco companies, to remember families in West Virginia, in Texas, in Senator from New Hampshire (Mr. that the Kennedy amendment does not New Mexico and across the country SMITH) is necessarily absent. tax tobacco companies, it taxes Ameri- who make less than $50,000 a year and The result was announced—yeas 58, cans who basically make less than who need every penny they get. They nays 40, as follows: $30,000 a year. It will drive up the Fed- are the people who are outraged about [Rollcall Vote No. 144 Leg.] eral tax burden of those who make less the fact that they have been exploited YEAS—58 than $10,000 a year by over 50 percent. by being induced to smoke and in many So I hope my colleagues will table Abraham Feingold McCain cases have become addicted to nico- Allard Feinstein McConnell the amendment. But if they don’t table tine. They are the ones who are being Ashcroft Ford Mikulski the amendment, Senator DOMENICI and Bennett Frist Murkowski harmed by the amendment we have be- I will offer an amendment which lets Bond Gorton Nickles fore us. the tax increase stand but simply takes Breaux Gramm Reid I think the issue is clear. I hope my Brownback Grams Robb the money and gives it back to blue- colleagues will not impose this massive Burns Gregg Roberts collar working families who are, I have tax increase of $712 on a blue-collar Byrd Hagel Roth to remind my colleagues, the victims Campbell Hatch Santorum working family where both the hus- Cleland Helms Sessions in this debate. band and the wife smoke. I hope they Coats Hollings Shelby There is a terrible paradox that, in- will not crush them with this tax. But Cochran Hutchinson Stevens stead of taxing the tobacco companies, if they decide to, if they decide to do it, Collins Hutchison Thomas we are taxing the very people who have Coverdell Inhofe Thompson then Senator DOMENICI and I will have Craig Inouye Thurmond been induced to smoke, and therefore an amendment to give the money back DeWine Kempthorne Torricelli the victims are being punished with an to married taxpayers by eliminating Domenici Kerrey Warner excruciating, bone-crushing tax in- Enzi Kyl the marriage penalty for American Faircloth Mack creases so that a working couple will families that earn less than $50,000 a pay $712 in taxes a year as a result of year, and we will make the adjustment NAYS—40 the Kennedy amendment. above the line so that those who re- Akaka Dorgan Lautenberg Baucus Durbin If, in fact, our colleagues are only in- ceive the earned income tax credit, the Leahy terested in the impact on teenage Biden Glenn Levin poorest people in America who work, Bingaman Graham Lieberman smoking, then they won’t object to the will receive the benefit of our tax cut. Boxer Grassley Lugar amendment that Senator DOMENICI and I yield the remainder of my time. Bryan Harkin Moseley-Braun I are offering because we don’t take the The PRESIDING OFFICER. Under Bumpers Jeffords Moynihan Chafee Johnson Murray tax off, we simply say take that the previous order, the Senator from Conrad Kennedy Reed money, eliminate a discrimination in D’Amato Kerry Arizona is recognized. Rockefeller the Tax Code against married, working Mr. MCCAIN. Madam President, I am Daschle Kohl people, blue-collar families making less going to make a motion to table the Dodd Landrieu S5190 CONGRESSIONAL RECORD — SENATE May 20, 1998 Sarbanes Snowe Wellstone purchase one more computer, or open really have a feel for where we are and Smith (OR) Specter Wyden one after-school program. can make an assessment about time ANSWERED ‘‘PRESENT’’—1 Although I appreciate the interest of and where to go from there. Lott the Congress in the educational needs I hope that Senators are comfortable NOT VOTING—1 of the children in our Nation’s Capital, with that. I think that it is a fair way this bill is fundamentally misguided to proceed alternating back and forth. Smith of New Hampshire and a disservice to those children. We are not ducking the tough issues. The way to improve education for all This last amendment was a key amend- Mr. MCCAIN. Mr. President, I move our children is to increase standards, ment. This next amendment is a key to reconsider the vote by which the accountability, and choice within the amendment. The farmers’ amendment motion was agreed to. public schools. I urge the Congress to is critical to all concerned. So I hope Mr. KERRY. I move to lay that mo- send me legislation I have proposed to this will be acceptable and we can tion on the table. reduce class size, modernize our move in this way. I yield the floor. The motion to lay on the table was schools, end social promotions, raise Several Senators addressed the agreed to. academic standards for all students, Chair. Mr. LOTT addressed the Chair. and hold school systems, schools, and The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ma- staff accountable for results. ator from Massachusetts. jority leader is recognized. WILLIAM J. CLINTON. Mr. KERRY. Mr. President, that is, I f THE WHITE HOUSE, May 20, 1998. think, a superb way to proceed. It is UNANIMOUS CONSENT AGREE- f the way we have been trying to pro- MENT—VETO MESSAGE ON S. 1502 ceed. I thank the majority leader for NATIONAL TOBACCO POLICY AND trying to structure it that way. Mr. LOTT. Mr. President, we have YOUTH SMOKING REDUCTION ACT cleared this with all concerned parties, There was an understanding prior to The Senate continued with the con- including the Democratic leadership. that that the Senator from Nebraska sideration of the bill. I ask unanimous consent that the will proceed for 15 minutes, at which Mr. LOTT. Mr. President, we have veto message to accompany S. 1502 be point Senators GREGG and LEAHY will had a good bit of discussion today and considered as read, printed in the be recognized for their amendment. two very important votes. I hope that Mr. LEAHY. Mr. President, I have no RECORD, and spread in full upon the we can move on now to some other Journal, and further, that it be set objection to that. amendments that really are important Mr. KERRY. I yield the floor. aside to be called up by the majority and will determine how this legislation Mr. KERREY addressed the Chair. leader after consultation with the is eventually written. The PRESIDING OFFICER. The Sen- Democratic leader. I thank Senators again for keeping ator from Nebraska. The PRESIDING OFFICER. Without calm and working through this. The Mr. KERREY. Mr. President, I thank objection, it is so ordered. managers are working very diligently. both the Senator from Arizona and the The message of the President is as I emphasize again to my colleagues, Senator from Massachusetts for allow- follows: while I think every Senator obviously ing me to speak. To the Senate of the United States: needs to have the time and will have I have come to the floor to speak I am returning herewith without my the time he or she needs to make a about the tobacco bill. I began several approval S. 1502, the ‘‘District of Co- statement, I do think it would be wise months ago to have conversations with lumbia Student Opportunity Scholar- if you can say what you have to say Nebraskans about this legislation. The ship Act of 1998.’’ and we can move on. To go for an ex- first question I was asked is, Why do If we are to prepare our children for tended period of time on an amend- we need it? What has happened here? the 21st Century by providing them ment 2, 3, 4, 5 hours is going to make it All of a sudden we have a $368 billion to with the best education in the world, very difficult to ever get a satisfactory a $516 billion piece of legislation being we must strengthen our public schools, result. introduced and people want to know not abandon them. My agenda for ac- I hope Senators will agree to some how we got to where we are today. complishing this includes raising aca- reasonable time limits. I am not going I would like to describe, at least as I demic standards; strengthening ac- to ask for a unanimous consent agree- see it, how we got to where we are countability; providing more public ment now. I don’t think it is necessary, today in May of 1998, from a point just school choice, including public charter but I will suggest the form that we as recently as 2 years ago when there schools; and providing additional help might take in a consent agreement as was no piece of legislation on the floor to students who need it through tutors, to how to proceed. even remotely approaching something mentors, and after-school programs. It is my hope that Senator GREGG like this. ‘‘Why all of a sudden is Con- My education agenda also calls for re- from New Hampshire will be recognized gress taking on something like this,’’ ducing class size, modernizing our next to offer his amendment, with Sen- is the question I get asked. I will try to schools and linking them to the Inter- ator LEAHY, regarding immunity. Sen- give Nebraskans an answer. net, making our schools safe by remov- ator GREGG and Senator LEAHY have The second question I get asked is, ing guns and drugs, and instilling been circling the area since we started. ‘‘What are we going to do? What is the greater discipline. They are ready to go. The debate purpose here?’’ On behalf of 1,600,000 This bill would create a program of should last the rest of this session Nebraskans, I will describe what this federally funded vouchers that would today. It is my hope that the vote on, law is attempting to do, what is the divert critical Federal resources to pri- or in relation to, that amendment can piece of legislation which Senator vate schools instead of investing in be scheduled to occur first thing on MCCAIN and Senator KERRY have fundamental improvements in public Thursday morning—I mean early—so brought before this body all about. schools. The voucher program estab- we can move to the next amendment, The short answer to the question lished by S. 1502 would pay for a few se- which will come from the Democratic ‘‘How did we get to this point?’’ is that lected students to attend private side. Senator DASCHLE and Senator there was a potential lawsuit. There schools, with little or no public ac- KERRY will have to decide what amend- was litigation that was being proposed countability for how those funds are ment that will be. by States’ attorneys general against used, and would draw resources and at- Following the disposition of that tobacco companies. There was an at- tention away from the essential work amendment offered by the Democrats, tempt through the discovery process to of reforming the public schools that then I hope the Senate will consider get internal tobacco industry docu- serve the overwhelming majority of the the farmers’ protection issue and de- ments, and one of the tobacco compa- District’s students. In short, S. 1502 bate it, have a vote on that issue or nies said, ‘‘We’ll provide you the infor- would do nothing to improve public issues in a way, hopefully, that is mation you need to proceed with your education in the District of Columbia. agreeable and as fair as possible to case because we are concerned that The bill won’t hire one new teacher, both sides of that issue. Then we will what we know is going to be discovered May 20, 1998 CONGRESSIONAL RECORD — SENATE S5191 anyway, that there was an effort to I say, Mr. President, that almost all creased the dollar amounts from the withhold information from the Amer- of what I have just described is in this base level agreement that was formed ican people.’’ tobacco bill. That is what the Com- on the 20th of June 1997. What happened, in addition to some merce Committee has voted out of Mr. President, the next issue to dis- changes in State law, is that on the Committee, and that is what we are de- cuss, this bill and the goals of this bill, 20th of June, 1997, there was an agree- bating on the floor today. Yet, less is a bit more difficult because things ment—it was not even a year ago—with than a year after the tobacco settle- are changing at such a rapid pace. The 40 attorneys general in the United ment, the tobacco industry is spending way I see it, from talking to Nebras- States and the tobacco industry. millions of dollars trying to convince kans about this, is that the goal of this What they agreed to, Mr. President, the American people that they had legislation is clear. We need to prevent on the 20th of June 1997, is very impor- nothing to do with any of this and that teenagers from starting to smoke and tant, especially now that the tobacco Congress is the bad guy. This is the to help those Americans who do smoke companies have broken off from the message they have paid lots of money and want to quit. settlement and are now advertising to convince the people of. I have seen it Why, Mr. President? Well, there are a against this legislation in our States. in their television ads, on postcards couple of reasons why. The most im- Again, I emphasize that the reason that are being mailed in to my office, portant one of which is that we now we are debating this tobacco bill today and from the thousands of phone calls know, stipulated in court documents, is not because the tobacco industry is that I have received. Everything that that nicotine is addictive. It is not afraid of Congress, and what we may do they are objecting to, and convincing habit forming, Mr. President. It is ad- to them. Rather, they are afraid of 12 others to object to, they agreed to back dictive. And the qualities of the addict- faceless men and women of a jury. on the 20th of June 1997. ive property of nicotine, taken to- They are worried about the evidence A lot has happened since that settle- gether with the toxins that are con- being introduced and now stipulated in ment, Mr. President, that has caused tained in the tobacco itself, create a court, showing that the tobacco indus- significant change to this legislation. tremendous public health problem. try knew nicotine was addictive and First, the tobacco industry settled a I have 352,000 Nebraskans who smoke. lied about it. They were, and still are suit in Florida for $11 billion, they set- I do not just want to raise the prices on worried about what a jury would do tled a suit in Texas for $15.3 billion— those Nebraskans to try to decrease with this evidence. They were, and still but the settlement that really changed the amount of consumption, along with are scared that a jury will end up cost- the level of the playing field that we FDA regulation and advertising and ing them a whole lot of money. That are on today was the one that happened other sorts of things, I want to make was the power that produced this offer 12 days ago in Minnesota on the 8th of certain that the money in this bill to settle at $368 billion. helps them stop smoking. That begs a question that Nebras- May. After 3 months of a closely watched trial, just hours before the Now, that should be our crusade. kans need to try to answer. What was That should be our cause. Tobacco kills in that initial offer to settle? What jury was going to get the case, Attor- ney General Hubert Humphrey III and prematurely nearly 400,000 people every were the tobacco companies willing to year. Approximately 2700 of these are do back on the 20th of June 1997? the tobacco industry settled the case Nebraskans. First of all, they agreed to pay $368 for $6.5 billion. Tobacco consumption produces tre- billion over 25 years. They said they There were lots of firsts in this set- mendous health problems for the would make annual payments starting tlement. This was the first settlement 352,000 Nebraskans who smoke. And the at $10 billion, going up to $15 billion by with a health insurance provider, in best way for me to mitigate the prob- year 5, and every year thereafter. this case Blue Cross and Blue Shield, Although they do not spell it out in getting $469 million of the $6.5 billion. lem associated with an increased price terms of a per-pack price increase like This was the first settlement where is to give them a tax cut by helping you hear them advertising against the tobacco industry signed a consent them stop smoking so their medical today, to make the $15 billion-per-year promising not to misrepresent the costs and lost wages from missed work payment, the tobacco industry would health hazards of smoking. will be lower. My belief is, as we exam- have raised the price of cigarettes by And perhaps most significantly, this ine not only what this legislation does approximately 62 cents a pack. Less was the first settlement where the in terms of regulation, in terms of ad- than a year ago, they, not Congress, State received more money than it vertising, in terms of restrictions on were going to raise the price of ciga- would have collected under the $368 bil- smoking in public places to make sure rettes by 62 cents a pack. Yet now, less lion settlement last June. that we reduce the number of people than a year later, they have launched The $6.1 billion they settled on 12 who become involuntary smokers as a this huge advertising campaign trying days ago is 50 percent more than the $4 result of inhaling secondhand smoke, is to convince you that Congress is the billion they would have received under that we pay attention to how the bad guy trying to raise your taxes. last summer’s settlement. This is sig- money is spent. This is so we have They did this to settle lawsuits that nificant. This is the justification for some confidence that in our individual they were afraid of. going from 62 cents to $1.10 per pack. States those citizens out there who are Indeed, the next amendment that we This is the justification for increasing currently smoking, who are addicted to are going to talk about is their liabil- the total amount that we are asking nicotine as a consequence, that those ity. They were concerned about future the tobacco industry to pay into the individuals have a chance to get off liability, and they were willing to pay tobacco trust. this addiction that is reducing the out $15 billion a year, costing smokers Already, the tobacco industries have quality of their health and decreasing about 62 cents a pack, so they would said they will raise prices to help de- their life spans. not have to worry about it anymore. fray some of their legal expenses. In- Mr. President, I examined the num- They also agreed to pay $50 billion up deed, in the past 9 months cigarette bers in Nebraska. And 25 percent of the front in punitive damages, meaning for prices have been raised about 20 per- men in Nebraska smoke; 19 percent of all their past wrongs that they knew cent to help offset the tobacco indus- women smoke; 39 percent of all my they were guilty of about misleading try’s legal bills. teenagers smoke. Nebraskans without the American people, about nicotine’s Again, Mr. President, I tell you the a college degree are nearly twice as addictiveness, and marketing to our history of this bill because it is impor- likely to smoke as those with a college children. tant to understand how we got to degree. A third of Nebraskans with an Next, they agreed to let the FDA reg- where we are today. A single tobacco income of $15,000 or less smoke com- ulate nicotine as a drug. Next, they company broke away from the rest and pared to only 15 percent of those who agreed to pay huge fines if goals of re- disclosed information that enabled us earn $50,000 or more. ducing teen smoking were not met. to get a settlement on the 20th of June Again, Mr. President, tobacco is kill- And, finally, they agreed to restrict 1997. There has been additional settle- ing my people. And 2,700 of the people their advertising and marketing to ments in Texas, in Florida, and most who prematurely die every single year youth. significantly in Minnesota that in- in the United States of America are S5192 CONGRESSIONAL RECORD — SENATE May 20, 1998 Nebraskans. It is addictive. It causes a or not to regulate Dexedrine, 15 milli- AMENDMENT NO. 2433 TO MODIFIED COMMITTEE physical compulsion, a physical need. grams. This was a weight loss pill. It SUBSTITUTE Taken in small doses, nicotine pro- was the most rapidly moving pharma- (Purpose: To modify provisions relating to duces pleasurable feelings that make ceutical in my drugstore in 1965. You civil liability for tobacco manufacturers) the smoker want to smoke more. A ma- could get a prescription from a doctor Mr. GREGG. Mr. President, I send an jority of smokers who become depend- and refill it every other day if you amendment to the desk on behalf of ent on nicotine will suffer both phys- wanted to for 500 Dexedrine. And the myself and Senator LEAHY. ical and psychological withdrawal pharmaceutical industry was saying, The PRESIDING OFFICER. The symptoms when they stop smoking. ‘‘No. It is habit forming; it is not ad- clerk will report. Their symptoms are going to include dictive.’’ Today, through FDA regula- The legislative clerk read as follows: nervousness, headaches, irritability tion, Dexedrine 15 milligrams is avail- The Senator from New Hampshire [Mr. and difficulty in sleeping, among other able only for narcolepsy, and only GREGG], for himself and Mr. LEAHY, proposes things. small amounts are sold. I think the an amendment numbered 2433 to the modi- Mr. President, a couple of weeks ago fied committee substitute. most likely reduction of teen smoking I met with 10 or 12 high school students is going to occur not through the price Mr. GREGG. Mr. President, I ask in Burke High School in Omaha, NE. increase, but through FDA regulation. unanimous consent the reading of the And I talked to them about this prob- amendment be dispensed with. lem of addiction. I think about 7 of the In addition, Mr. President, I intend The PRESIDING OFFICER. Without 12 were smokers. One of the students to bring amendments to the floor to objection, it is so ordered. explained to me that ‘‘A cigarette,’’ say that we have to make certain that The amendment is as follows: she said, ‘‘is my friend.’’ She is 16 years we have community-based efforts in In title XIV, strike section 1406 and all old. ‘‘A cigarette,’’ she said, ‘‘is my our States to reduce smoking of the that follows through section 1412 and insert friend . . . it is always there for me: adults out there who are also addicted. the following: When I’m driving in my car, when I’m It has to do that. It cannot be a top- SEC. 1406. RESOLUTION OF AND LIMITATIONS ON stressed out, when I’m going through a down effort. It has to be a community- CIVIL ACTIONS. crisis . . . cigarettes don’t go out of based effort. The citizens are more (a) STATE ATTORNEY GENERAL ACTIONS.— town, I can count on them no matter likely to know what needs to be done. (1) PENDING CLAIMS.—With respect to a what.’’ I believe every single State needs to State, to be eligible to receive payments from the State Litigation Settlement Ac- I asked about 100 students to fill out have some kind of a research scholar a questionnaire about tobacco. And one count, the attorney general for such State connected to NIH to lead us in this ef- of the more disturbing results in their shall resolve any civil action seeking recov- fort. ery for expenditures attributable to the answers was that the overwhelming treatment of tobacco related illnesses and majority of the current smokers said This is a tremendous public health conditions that have been commenced by the that although they smoked today at problem. It has come upon us, the his- State against a tobacco product manufac- age 16, and though some may continue tory of the bill and the seriousness of turer, distributor, or retailer that is pending smoking until they are 18, the over- this problem, relatively quickly. I am on the date of enactment of this Act. whelming majority of these students hopeful we can make certain this legis- (2) FUTURE ACTIONS BASED ON PRIOR CON- said, ‘‘We’re going to quit.’’ lation gives us a fighting chance in my DUCT.—With respect to a State, to be eligible to receive payments from the State Litiga- Well, Mr. President, because unbe- State, at least not just of increasing knownst to them—and until recently tion Settlement Account, the attorney gen- prices and increasing the regulatory eral for such State shall agree that the State the tobacco companies were not stipu- action, but of engaging the citizens will not commence any new tobacco claim lating that nicotine is addictive; now it themselves and the smokers them- after the date of enactment of this Act is universally recognized that it is—un- selves in a serious challenge of trying (other than to enforce the terms of a pre- beknownst to these students, they are to break themselves from this habit. vious judgment) that is based on the conduct addicted. They have a physical craving of a participating tobacco product manufac- for something and it is going to be very Finally, I know we are going to be turer, distributor, or retailer that occurred difficult for them to stop. Unbe- debating on this floor the provisions prior to the date of enactment of this Act, knownst to them, 90 percent of the relating to the tobacco farmers. I am of seeking recovery for expenditures attrib- the opinion that tobacco farmers need utable to the treatment of tobacco induced 352,000 Nebraskans who smoke started illnesses and conditions against such a par- smoking when they were teenagers. some assistance. It was not in the ticipating tobacco product manufacturer, That is when it began. original settlement. I praise Senator distributor, or retailer. So unbeknownst to them, they may FORD and Senator HOLLINGS for their (3) APPLICATION TO LOCAL GOVERNMENTAL think they are going to quit, but unless work in trying to get provisions in ENTITIES.—The requirements described in we intervene, and unless we help there, but I believe these provisions are paragraphs (1) and (2) shall apply to civil ac- them—and hopefully through this leg- too generous and we need to scale them tions commenced by or on behalf of local islation we can help them—they are governmental entities for the recovery of back. It is difficult for me in a State costs attributable to tobacco-related ill- going to have a heck of a time kicking that grows corn, soybeans, wheat, bar- nesses if such localities are within a State this addiction. ley, and lots of other products—under whose attorney general has elected to re- Mr. President, cigarette smoking is the Freedom to Farm Act they are get- solve claims under paragraph (1) and enter harmful. Cigarette smoking, we now ting substantially less than what to- into the agreement described in paragraph know, is not only addictive, but taken bacco farmers will be getting out of the (2). Such provisions shall not apply to those local governmental entities that are within a as directed it is likely to decrease your program. I can make a case tobacco life span, likely to shorten not only State whose attorney general has not re- farmers ought to get more, but I can- your ability to work, but shorten your solved such claims or entered into such not make a case they ought to be given agreements. time on Earth as well. (b) STATE AND LOCAL OPTION FOR ONE-TIME Mr. President, I intend during the all that is in this bill. OPT OUT.— course of the debate on this legislation It is my hope that during the course (1) IN GENERAL.—The Secretary shall estab- to focus my attention on a number of of this constructive debate we are able lish procedures under which the attorney things. to pass a piece of legislation that will general of a State may, not later than 1 year One, this legislation must prevent increase regulation, that will increase after the date of enactment of this Act, elect teen smoking. It must reduce the the price, will increase our involve- not to resolve an action described in sub- amount of teen smoking. I think per- ment in our community and decrease section (a)(1) or not to enter into an agree- haps one of the most important things ment under subsection (a)(2). A State whose the consumption and the addiction to a attorney general makes such an election we are doing is giving FDA the author- substance which is killing our people. shall not be eligible to receive payments ity to regulate. I yield the floor. from the State Litigation Settlement Ac- I was practicing pharmacy back when count. Procedures under this paragraph shall dinosaurs roamed the Earth in 1965, The PRESIDING OFFICER. The Sen- permit such a State to make such an elec- when Congress was debating whether ator from New Hampshire. tion on a one-time basis. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5193 (2) EXTENSION.—In the case of a State that of individual class members to pursue claims ple, and knowing that it had a product has secured a judgment against a participat- not based on addiction or dependency in civil that addicted people, it then targeted ing tobacco product manufacturer, distribu- actions in accordance with this Act. the sales of that product on our kids. tor, or retailer in an action described in sub- (B) ARBITRATION.—For purposes of award- That is an industry which deserves section (a)(1) prior to or during the period ing attorneys fees and expenses for those ac- very little in the way of courtesy or described in paragraph (1), and such judg- tions subject to this subsection, the matter ment has been appealed by such manufac- at issue shall be submitted to arbitration be- support or protection—and that is what turer, distributor, or retailer, such period fore one panel of arbitrators. In any such ar- this amendment is about, ‘‘or protec- shall be extended during the pendency of the bitration, the arbitration panel shall consist tion’’—from the U.S. Congress. Yet, appeal and for an additional period as deter- of 3 persons, one of whom shall be chosen by within this bill there is proposed lan- mined appropriate by the Secretary. the attorneys of the Castano Plaintiffs’ Liti- guage which would give a historic, un- (3) APPLICATION TO CERTAIN STATES.—A gation Committee who were signatories to precedented protection to the tobacco State that has resolved a tobacco claim de- the Memorandum of Understanding dated industry from liability on their law- scribed in subsection (a)(1) with a participat- June 20, 1997, by and between tobacco prod- suits. ing tobacco product manufacturer, distribu- uct manufacturers, the Attorneys General, Now, we have addressed this issue be- tor, or retailer prior to the date of enact- and private attorneys, one of whom shall be ment of this Act may not make an election fore in this body. In fact, not too long chosen by the participating tobacco product ago there was a sense of the Senate described in paragraph (1) if, as part of the manufacturers, and one of whom shall be resolution of such claim, the State agreed chosen jointly by those 2 arbitrators. which said there shall be no immunity that the enactment of any national tobacco (C) PAYMENT OF AWARDS.—The participat- for the tobacco industry. That sense of settlement legislation would supersede the ing tobacco product manufacturers shall pay the Senate passed the Senate by a 79 to provisions of the resolution. the arbitration award. 19 vote. This amendment is the real (4) LOCAL GOVERNMENTAL ENTITY OPTION (d) RULES OF CONSTRUCTION.— thing. It is calling to account that FOR ONE-TIME OPT OUT.— (1) POST ENACTMENT CLAIMS.—Nothing in sense of the Senate. (A) IN GENERAL.—The Secretary shall es- this title shall be construed to limit the abil- Now, the question here goes to the tablish procedures under which the attorney ity of a government or person to commence for a local governmental entity which com- manner in which we, as a country, sell an action against a participating tobacco products. We are inherently the most menced a civil action prior to June 20, 1997, product manufacturer, distributor, or re- against a participating tobacco product tailer with respect to a claim that is based capitalist, market-oriented economy in manufacturer, distributor, or retailer seek- on the conduct of such manufacturer, dis- the world. As a result, we have been ing recovery for expenditures attributable to tributor, or retailer that occurred after the the most prosperous society in the the treatment of tobacco related illnesses date of enactment of this Act. world economically. What this amend- and conditions, not later that 1 year after (2) NO LIMITATION ON PERSON.—Nothing in ment is about is maintaining a capital- the date of enactment of this Act, may elect this title shall be construed to limit the ist marketplace approach to the issue not to resolve any action described in sub- right of a government (other than a State or of the sale of a product in our society. section (a)(3). A local governmental entity local government as provided for under sub- whose attorney makes such an election shall What this bill does in its present section (a) and (b)) or person to commence form is institute an antimarket, anti- not be eligible to receive payments from the any civil claim for past, present, or future State Litigation Settlement Account. Proce- conduct by participating tobacco product capitalist approach into the process of dures under this paragraph shall permit such manufacturers, distributors, or retailers. producing and selling a product in this a local governmental entity to make such an (3) CRIMINAL LIABILITY.—Nothing in this society. It gives an artificial, inappro- election on a one-time basis. title shall be construed to limit the criminal priate, legislative protection to an in- (B) EXTENSION.—In the case of a local gov- liability of a participating tobacco product dustry from what has been the tradi- ernmental entity that has secured a judg- manufacturer, distributor or retailer or its ment against a participating tobacco prod- tional way in which consumers have a officers, directors, employees, successors, or uct manufacturer, distributor, or retailer in right of redress against that industry. assigns. a claim described in subsection (a)(3) prior to Remember, in our society when a (e) DEFINITIONS.—In this section: or during the period described in subpara- consumer, when John and Mary Jones (1) PERSON.—The term ‘‘person’’ means an graph (A), and such judgment has been ap- individual, partnership, corporation, parent from Epping, NH, are sold a product pealed by such manufacturer, distributor, or corporation or any other business or legal that doesn’t work, they have a variety retailer, such period shall be extended during entity or successor in interest of any such of different avenues to address the fail- the pendency of the appeal and for an addi- person. ure of that product. Should that prod- tional period as determined appropriate by (2) SECRETARY.—The term ‘‘Secretary’’ uct harm them, one of their most ap- the Secretary. means the Secretary of Health and Human propriate avenues is to go to court to (C) APPLICATION TO CERTAIN LOCAL GOVERN- Services. MENTAL ENTITIES.—A local governmental en- bring an action against the producer of tity that has resolved a claim described in Mr. GREGG. Mr. President, this that product and to get a recovery. subsection (a)(3) with a participating to- amendment has received a fair amount That has been basically one of the es- bacco product manufacturer, distributor, or of attention and I believe is fairly well sential elements for disciplining the retailer prior to the date of enactment of understood by most of the membership, marketplace in our capitalist society. this Act may not make an election described but it is important that we have a sub- We have not, as has been pursued in in subparagraph (A) if, as part of the resolu- stantive discussion of it and an open other nations, especially those that use tion of such claim, the local governmental debate of it over the next couple of a Socialist form of management of entity agreed that the enactment of any na- hours. As I understand, Senator tional tobacco settlement legislation would their marketplace, we have not had the supersede the provisions of the resolution. MCCAIN has allotted that type of a Federal Government or any govern- (c) ADDICTION AND DEPENDENCY CLAIMS; time window. I very much appreciate ment come in and tell a consumer what CASTANO CIVIL ACTIONS.— that. they can and cannot buy, except in (1) ADDICTION AND DEPENDENCE CLAIMS I want to thank Senator MCCAIN for very limited instances. And we have BARRED.—In any civil action to which this his courtesy in allowing us to put this certainly not limited that consumer’s title applies, no addiction claim or depend- amendment in order at this time, and ability to recover should they be sold a ence claim may be filed or maintained certainly I appreciate the manner in product that doesn’t work or that against a participating tobacco product which he has managed this bill in such manufacturer. harms them. a fair way. (2) CASTANO CIVIL ACTIONS.— The right of redress in the court sys- (A) IN GENERAL.—The rights and benefits The immunity issue is really at the tem, the right of redress for a con- afforded in section 221 of this Act, and the essence of this bill and the public pol- sumer, is at the essence of having a various research activities envisioned by this icy which this bill addresses. What we competitive marketplace and a dis- Act, are provided in settlement of, and shall have here is an industry which pro- ciplined marketplace. When you elimi- constitute a remedy for the purpose of deter- duced a product which it knew killed nate that right of redress, which this mining civil liability as to those addiction or people. It is an industry that produced bill does, when you take away the abil- dependence claims asserted in the Castano a product which it knew addicted peo- ity of the consumer, of the person who Civil Actions. The Castano Civil Actions ple. In fact, it created additives to that shall be dismissed to the extent that they has been damaged, of John and Mary seek relief in the nature of public programs product so it would addict people at a Jones of Epping, NH, to get a recovery to assist addicted smokers to overcome their higher rate than were the product sold for an injury they have received, you addiction or other publicly available health in its natural state. Then, knowing have artificially preserved the market- programs with full reservation of the rights that it had a product that killed peo- place. But more importantly, you have S5194 CONGRESSIONAL RECORD — SENATE May 20, 1998 given a unique, historic, and totally in- State against a tobacco product manufac- not be eligible to receive payments from the appropriate protection to an industry. turer, distributor, or retailer that is pending State Litigation Settlement Account. Proce- Now, let’s think about this for a on the date of enactment of this Act. dures under this paragraph shall permit such minute. Why would the Federal Gov- (2) FUTURE ACTIONS BASED ON PRIOR CON- a local governmental entity to make such an DUCT.—With respect to a State, to be eligible election on a one-time basis. ernment at any point in its history to receive payments from the State Litiga- (B) EXTENSION.—In the case of a local gov- want to step in and bar the ability of tion Settlement Account, the attorney gen- ernmental entity that has secured a judg- the consumer to use the judicial meth- eral for such State shall agree that the State ment against a participating tobacco prod- od of protecting themselves in the mar- will not commence any new tobacco claim uct manufacturer, distributor, or retailer in ketplace? There might be instances after the date of enactment of this Act a claim described in subsection (a)(3) prior to where that would happen—national de- (other than to enforce the terms of a pre- or during the period described in subpara- fenses might be an example. Under our vious judgment) that is based on the conduct graph (A), and such judgment has been ap- of a participating tobacco product manufac- pealed by such manufacturer, distributor, or law, once we did that in the area of turer, distributor, or retailer that occurred retailer, such period shall be extended during people working at nuclear weapons fac- prior to the date of enactment of this Act, the pendency of the appeal and for an addi- tories. There was a national defense seeking recovery for expenditures attrib- tional period as determined appropriate by issue. utable to the treatment of tobacco induced the Secretary, not to exceed one year. Or it might occur if a product was illnesses and conditions against such a par- (C) APPLICATION TO CERTAIN LOCAL GOVERN- deemed so beneficial that it was impor- ticipating tobacco product manufacturer, MENTAL ENTITIES.—A local governmental en- tant to protect it. In those instances, distributor, or retailer. tity that has resolved a claim described in (3) APPLICATION TO LOCAL GOVERNMENTAL subsection (a)(3) with a participating to- of course, we have a situation where ENTITIES.—The requirements described in bacco product manufacturer, distributor, or the Government raises the visibility of paragraphs (1) and (2) shall apply to civil ac- retailer prior to the date of enactment of the need to protect the society as a tions commenced by or on behalf of local this Act may not make an election described whole over the individual. That has governmental entities for the recovery of in subparagraph (A) if, as part of the resolu- never happened. We have never found a costs attributable to tobacco-related ill- tion of such claim, the local governmental product that was so beneficial. Or if we nesses if such localities are within a State entity agreed that the enactment of any na- have, it has only occurred in the rarest whose attorney general has elected to re- tional tobacco settlement legislation would solve claims under paragraph (1) and enter supersede the provisions of the resolution. of instances, so beneficial that we give into the agreement described in paragraph (c) ADDICTION AND DEPENDENCY CLAIMS; that sort of protection. So that is a (2). Such provisions shall not apply to those CASTANO CIVIL ACTIONS.— very unusual protection, to say the local governmental entities that are within a (1) ADDICTION AND DEPENDENCE CLAIMS least. State whose attorney general has not re- BARRED.—In any civil action to which this But what we have here is the grant- solved such claims or entered into such title applies, no addiction claim or depend- ing of a significant, unusual protection agreements. ence claim may be filed or maintained of immunity to an industry that pro- (b) STATE AND LOCAL OPTION FOR ONE-TIME against a participating tobacco product OPT OUT.— manufacturer. duces tobacco, which, as I mentioned in (1) IN GENERAL.—The Secretary shall estab- (2) CASTANO CIVIL ACTIONS.— my opening statement, is a product lish procedures under which the attorney (A) IN GENERAL.—The rights and benefits that kills people, that addicts kids, and general of a State may, not later than 1 year afforded in section 221 of this Act, and the addicts people and is targeted at kids. after the date of enactment of this Act, elect various research activities envisioned by this It is very strange that we should pick not to resolve an action described in sub- Act, are provided in settlement of, and shall that industry for which to give this section (a)(1) or not to enter into an agree- constitute a remedy for the purpose of deter- sort of protection. ment under subsection (a)(2). A State whose mining civil liability as to those addiction or attorney general makes such an election dependence claims asserted in the Castano Mr. President, I ask for the yeas and shall not be eligible to receive payments Civil Actions. The Castano Civil Actions nays on my amendment. from the State Litigation Settlement Ac- shall be dismissed to the extent that they The PRESIDING OFFICER. Is there a count. Procedures under this paragraph shall seek relief in the nature of public programs sufficient second? permit such a State to make such an elec- to assist addicted smokers to overcome their There is a sufficient second. tion on a one-time basis. addiction or other publicly available health The yeas and nays were ordered. (2) EXTENSION.—In the case of a State that programs with full reservation of the rights has secured a judgment against a participat- AMENDMENT NO. 2434 TO AMENDMENT NO. 2433 of individual class members to pursue claims ing tobacco product manufacturer, distribu- not based on addiction or dependency in civil (Purpose: To modify provisions relating to tor, or retailer in an action described in sub- actions in accordance with this Act. civil liability for tobacco manufacturers) section (a)(1) prior to or during the period (B) ARBITRATION.—For purposes of award- Mr. GREGG. Mr. President, I send an described in paragraph (1), and such judg- ing attorneys fees and expenses for those ac- amendment to the desk and ask for its ment has been appealed by such manufac- tions subject to this subsection, the matter immediate consideration. turer, distributor, or retailer, such period at issue shall be submitted to arbitration be- The PRESIDING OFFICER. The shall be extended during the pendency of the fore one panel of arbitrators. In any such ar- clerk will report. appeal and for an additional period as deter- bitration, the arbitration panel shall consist The bill clerk read as follows: mined appropriate by the Secretary, not to of 3 persons, one of whom shall be chosen by exceed one year. the attorneys of the Castano Plaintiffs’ Liti- The Senator from New Hampshire [Mr. (3) APPLICATION TO CERTAIN STATES.—A gation Committee who were signatories to GREGG] proposes an amendment numbered State that has resolved a tobacco claim de- the Memorandum of Understanding dated 2434 to amendment No. 2433. scribed in subsection (a)(1) with a participat- June 20, 1997, by and between tobacco prod- Mr. GREGG. Mr. President, I ask ing tobacco product manufacturer, distribu- uct manufacturers, the Attorneys General, unanimous consent that reading of the tor, or retailer prior to the date of enact- and private attorneys, one of whom shall be amendment be dispensed with. ment of this Act may not make an election chosen by the participating tobacco product The PRESIDING OFFICER. Without described in paragraph (1) if, as part of the manufacturers, and one of whom shall be resolution of such claim, the State agreed objection, it is so ordered. chosen jointly by those 2 arbitrators. that the enactment of any national tobacco (C) PAYMENT OF AWARDS.—The participat- The amendment is as follows: settlement legislation would supersede the ing tobacco product manufacturers shall pay In lieu of the language proposed to be in- provisions of the resolution. the arbitration award. serted, insert the following: (4) LOCAL GOVERNMENTAL ENTITY OPTION (d) RULES OF CONSTRUCTION.— In title XIV, strike section 1406 and all FOR ONE-TIME OPT OUT.— (1) POST ENACTMENT CLAIMS.—Nothing in that follows through section 1412 and insert (A) IN GENERAL.—The Secretary shall es- this title shall be construed to limit the abil- the following: tablish procedures under which the attorney ity of a government or person to commence SEC. 1406. RESOLUTION OF AND LIMITATIONS ON for a local governmental entity which com- an action against a participating tobacco CIVIL ACTIONS. menced a civil action prior to June 20, 1997, product manufacturer, distributor, or re- (a) STATE ATTORNEY GENERAL ACTIONS.— against a participating tobacco product tailer with respect to a claim that is based (1) PENDING CLAIMS.—With respect to a manufacturer, distributor, or retailer seek- on the conduct of such manufacturer, dis- State, to be eligible to receive payments ing recovery for expenditures attributable to tributor, or retailer that occurred after the from the State Litigation Settlement Ac- the treatment of tobacco related illnesses date of enactment of this Act. count, the attorney general for such State and conditions, not later that 1 year after (2) NO LIMITATION ON PERSON.—Nothing in shall resolve any civil action seeking recov- the date of enactment of this Act, may elect this title shall be construed to limit the ery for expenditures attributable to the not to resolve any action described in sub- right of a government (other than a State or treatment of tobacco related illnesses and section (a)(3). A local governmental entity local government as provided for under sub- conditions that have been commenced by the whose attorney makes such an election shall section (a) and (b)) or person to commence May 20, 1998 CONGRESSIONAL RECORD — SENATE S5195 any civil claim for past, present, or future settle than the ABC lawsuit, or Mary the industry from bankruptcy we have conduct by participating tobacco product Smith’s lawsuit was less desirable to to put on this cap. But at the same manufacturers, distributors, or retailers. them, for some reason, than Hank time, we have to tax it. The reason we (3) CRIMINAL LIABILITY.—Nothing in this Jones’, they can settle the ABC law- are taxing it is to discourage people title shall be construed to limit the criminal liability of a participating tobacco product suit, the XYZ lawsuit, and the Mary from consuming the product. And the manufacturer, distributor or retailer or its Smith lawsuit, but they cannot settle logical extension of that is that if you officers, directors, employees, successors, or the Hank Jones lawsuit, they can make are successful in taxing people and assigns. him litigate. And, by the time he is fin- managing to discourage them from (e) DEFINITIONS.—In this section: ished, they have settled these other using the product, you are going to re- (1) PERSON.—The term ‘‘person’’ means an ones and, poof, the $8 billion is gone. duce utilization, which one presumes individual, partnership, corporation, parent So not only does it have the total irony would inevitably lead to the collapse of corporation or any other business or legal of perverting the marketplace, it has entity or successor in interest of any such the industry and potentially bank- person. the irony of giving the tobacco indus- ruptcy. (2) SECRETARY.—The term ‘‘Secretary’’ try the capacity to choose who the So the bill, by its very nature, is in- means the Secretary of Health and Human winners and losers are in the process of herently saying that the options of Services. determining people who are suing them bankruptcy are there, but they are Mr. GREGG. Mr. President, the for being caused physical damage. going to do it on a different system— amendment is a second-degree amend- Can you think of anything more iron- through the tax system. Yet, they ment, which simply perfects the ic? You have been damaged, your won’t allow the marketplace to make amendment I offered, the underlying health has been destroyed, or maybe that decision. They won’t allow the amendment. I will give a copy of the someone in your family has died as a marketplace to decide whether or not changes to the other side. I don’t think result of the tobacco industry’s ac- this industry survives, which is the they will find that they change the tions, or some child was addicted and way, traditionally, we have done it in basic thrust of the original amend- that child dies and the tobacco com- this country. We don’t traditionally ment. pany gets to choose whether or not say to an industry, well, you are about As I was discussing, the amendment that person is going to be a winner to go bankrupt, which is something goes to the question of immunity and under the lawsuit process. How unbe- that this industry can’t say, certainly why we would choose, for the first time lievably ironic and absurd that is. But in light of what it is doing with stock in the history of this country, to grant that is the way this cap works. This is values—so we, the Federal Govern- immunity to an industry from law- just one of the many, many technical ment, are going to step in and give you suits, which basically changes the problems with the concept of a cap, be- unique protection; we are going to give whole concept of the marketplace sys- cause what I think it reflects is the you liability protection. And we cer- tem in our country—why we would idea that when you put an artificial tainly don’t say it to an industry that choose the tobacco industry to which cap into a huge, dynamic economy like has produced a product that kills peo- to give that immunity. It is just be- the United States’, you are basically ple and has addicted them. yond comprehension that an industry creating all sorts of unintended con- For those people who don’t believe that produces a product that kills peo- sequences that don’t flow naturally in this industry knew their product was ple, which they designed to addict kids, a capitalist system. Much more appro- addictive, I will cite a few quotes. We would be chosen as the industry to priate is that you allow the capitalist have here quotes from the Brown & which we are going to give immunity system to proceed in its usual and or- Williamson documents, disclosed as a protection. It makes absolutely no derly course. result of the Minnesota case, and from sense. It skews the marketplace. I sim- Now, others will say, well, if you documents of RJR. Brown & ply point out to those who might be of don’t have immunity, then you inevi- Williamson in 1978—that is a long time a conservative philosophy and may be tably drive these companies into bank- ago; this wasn’t just yesterday: following this argument that to have ruptcy. To begin with, we don’t have Very few consumers are aware of the ef- done this is an absolute affront to the any idea that that is true. What we fects of nicotine, i.e., its addictive nature, concept of capitalism and a free mar- know is that these industries are ex- and that nicotine is a poison. ket society. traordinarily profitable. We know that, These folks knew a long time ago Now, there is an attempt in the bill right now, they are pursuing major that they were selling an addictive to address the liability that tobacco buy-backs. Philip Morris, an $8 million product that killed people. This is a companies generate as a result of their buy-back; RJR, a buy-back of its stock. quote from RJR: action—an $8 billion cap. Some will When you start buying back your stock Tobacco companies are basically in the tell us that is a lot of money and that as a corporate leader, you are saying nicotine business. . .Effective control of nic- should satisfy everyone as a manner in your stock is undervalued. If your otine in our products should equate to a sig- which to redress the concerns of the stock is undervalued, it is the ultimate nificant product performance and cost ad- consumer, of the individuals, of the test that in the future you have a bet- vantages. kids, of the parents, the mom and pops, ter chance of progressive sales and a That is a pretty cynical statement. It who have been damaged by the tobacco strong market force for your industry. reflects the fact that the tobacco in- companies. And $8 billion is a huge So the concept that if they don’t dustry knew they were selling an ad- amount of money on an annual cap for have immunity, they are going to end dictive product. recovery on the loss. But it obviously up going bankrupt, I think the market- Nicotine is the addicting agent in ciga- isn’t what the market sees as the po- place has discounted and rejected that rettes. tential liability here. Otherwise, there and said that is not going to happen. In The evidence is beyond question. would not be a cap in the first place. So fact, there is a tremendous earning ca- They knew that it was a poison, that it by its very definition it is an affront to pacity out there, and we already know killed people, and they knew it was ad- the concept of a market-type approach there is a tremendous capacity to pass dictive. to the selling of products in this coun- on to the consumer, because that is the Second, there are some who may say, try. theme of this bill—to pass on to the ‘‘Well, they don’t really target kids.’’ Equally important is the way this consumer a significant part of the cost. That is very hard to defend also be- cap works. It gives a disproportionate As long as they can pass through that cause the facts speak for themselves amount of power to the tobacco compa- cost, it doesn’t impact them at all, from their own documentation. They nies to decide who the winners and los- doesn’t impact their capacity at all. look on kids as their source of future ers are, because it is essentially a race So from a substantive standpoint, revenues. to the courthouse. The tobacco compa- bankruptcy doesn’t make any sense as This is from the RJR documents of nies, under the proposal in this bill, a defensive argument to this. But just 1974: would control who gets to the court- from a purely logical standpoint, it Let’s look at the growing importance of house first. If they decided the XYZ even makes less sense. Think about it the young adult in the cigarette market. In lawsuit was more amenable to them to this way. We are saying that to save 1960, this young adult market, the 14–24 S5196 CONGRESSIONAL RECORD — SENATE May 20, 1998 group, represented 21 percent of the popu- Nation on a dramatically new and construc- where, for the first time, we are giving lation . . . they will represent 27 percent of tive direction regarding tobacco, is dead. product liability protection to an in- the population in 1975. They are tomorrow’s And there is no process which is even more dustry which clearly doesn’t deserve it. cigarette business. remotely likely to lead to an acceptable The term ‘‘immunity’’ has become a comprehensive solution this year. How cynical could you be? Let’s first term of art relative to that discussion. produce a product that kills you, let’s With that statement, he walked out. From my standpoint, the term of ‘‘im- make it addictive, and then let’s target He said, I am not going to participate munity’’ properly defines that. If the it at kids. in this and tobacco is not participating Senator from Massachusetts wishes to Mr. KERRY. Will the Senator be will- in this anymore. define it in a more narrow sense and ing to yield for a question? So you have this almost pathetic sit- say, ‘‘We are giving them product li- Mr. GREGG. I would like to complete uation where the U.S. Congress is pass- ability protection but we are not giv- my statement, and then I will yield. ing immunity and giving this out- ing them immunity,’’ that is the Sen- In 1974, ‘‘Marlboro dominates in the rageous new authority to the tobacco ator from Massachusetts’s definitional 17 and younger age category, capturing companies to protect them from law- approach, and that is fine. But the over 50 percent of the market.’’ suits. The tobacco companies have point is the same. We are creating a Obviously, Philip Morris knew that walked away, and the U.S. Congress is Marlboro was making money in that unique, unusual, significant action sort of chasing after them on bended which changes the jurisprudence that area. knee, saying, ‘‘Please, tobacco compa- I will not read the next statement, has dominated the marketplace in this nies, please, tobacco companies, please country for 200 years. but it has the same context. Kids were take our offer.’’ the target. Mr. KERRY. Will the Senator yield My goodness. First, we make a deal for a further question? So we have here, as I mentioned ear- with the Devil, and then we chase after lier, the concept that we are going to Mr. GREGG. Certainly. him asking for him to take our deal. I Mr. KERRY. The Senator is aware, be giving immunity, for the first time mean it is just ridiculous, it is inappro- in our history, to an industry. What in- obviously, that Minnesota settled a priate, it is not becoming of the Con- lawsuit. Minnesota settled a lawsuit, dustry do we pick? Do we pick the peo- gress, and it is wrong. ple who are making heart valves so you and other States have settled lawsuits, The language which Senator LEAHY can live longer? Do we pick an industry and in those settlements there is, in and I have proposed here is essentially fact, the same kind of structure con- that makes hip joints to make you live the same language which was in the longer? Do we pick the industry that is templated in this bill. That is part of original HEALTHY Kids bill, which the system of jurisprudence, is it not? making a drug that will maybe make was endorsed by the White House. I re- your life easier? Do we pick an indus- It is a normal part of how you arrive at gret that we have not received White a settlement of a dispute? try that makes cars so you can get House support for reinserting this lan- places faster? No. We pick an industry Mr. GREGG. First off, there is no guage. I regret that the leadership lawsuit against the Federal Govern- which targets kids with a poisonous within this Congress has not supported product that they made addictive. And ment. So that I don’t think is applica- the insertion, although on the House ble. I don’t serve in the legislature of they knew it all along. side I note, I believe that the Speaker The last argument that we hear is, Minnesota. If I did, I certainly would supports no immunity language, al- not have agreed, and I would change We can’t do this bill unless we have the to- though I don’t want to speak for him. bacco companies cooperate, and we can’t the law of Minnesota to not allow that have cooperation unless we have some sort of I have read reports to that effect. settlement to have gone forward should immunity for the tobacco companies, unless But the point is that this is not dra- that decision be found to be constitu- we give them this historic new authority and matic language, it is not outrageous tional, which I don’t know whether it protection. language, it is the language that was in will be or not. First off, that is not true. The vast the original HEALTHY Kids bill, and it At this time, I yield the floor. majority of the advertising controls essentially says no immunity. It says Several Senators addressed the that we think are needed can be done what this Senate said back when we Chair. without the tobacco companies’ par- passed the sense of the Senate 79 to 19: The PRESIDING OFFICER (Mr. ticipation. Yes, there are some issues No immunity for the tobacco industry, ABRAHAM). The Senator from Arizona. of the first amendment that we can’t because they don’t deserve it, it is Mr. MCCAIN. I will be brief. I want to step over. But for the most part, we wrong, and it is inconsistent with the say to the Senator that I will be very can do a great deal to limit their ac- capitalist system. brief. cess, especially to kids. Mr. LEAHY. Will the Senator yield Mr. President, I yield the floor. Second, we can compete with them. for a question? Mr. SESSIONS. Mr. President, is We can produce our own advertising Mr. KERRY. Will the Senator yield there an order of procedure, informal programs, which compete much more for a question? or otherwise? aggressively than they can in the mar- Mr. GREGG. I yield to the Senator Mr. LEAHY. Mr. President, I note ketplace. Of course, that is the tradi- for a question. The Senator from Mas- that my good friend from Arizona, who tional American way: Make the point, sachusetts had a question. And then I is managing the bill, sought recogni- make it effectively, that tobacco kills. will yield to the Senator from Ver- tion, and I will be perfectly willing to But, most importantly, I think it mont. yield to him for that. ought to be pointed out here that we Mr. KERRY. I thank the Senator. I Mr. MCCAIN. I thank my friend. are making a deal with the Devil and know the Senator from Vermont has to Mr. LEAHY addressed the Chair. the Devil walked away from the table. go somewhere. The PRESIDING OFFICER. The Sen- There is no tobacco company participa- I want to ask the Senator if he is ator from Vermont. tion in this process any longer. Here we aware that there is a real distinction Mr. LEAHY. Mr. President, I rise in are offering them the most significant between the notion that he has been strong support of this amendment of legal protection probably in the his- using called ‘‘immunity’’ and a limit my friend and my neighbor from New tory of the country in exchange for on the exposure of liability. In fact, in Hampshire. I was thinking about this. I them being willing to give us some lim- this bill there is no immunity. They thought to myself, why should we give ited ability to limit their advertising are liable for up to $8 billion on an an- big tobacco any special legal protec- activities, and they are not even at the nual basis. So that is not immunity. tions? My friend from New Hampshire table to accept the offer. In fact, they Will the Senator not agree that the said that we are not doing this for a have walked away from the table. They use of the word ‘‘immunity’’ is, in fact, medical company because they build said they don’t want to have anything an exaggeration? some new kind of heart valve, and to more to do with this process. Mr. GREGG. No, I would not. I hap- get it out, we will give them special The quote from the head of RJR is: pen to think the use of the word ‘‘im- protection; or somebody else comes up The extraordinary settlement, reached on munity’’ is correct. The fact is that we with a new cancer drug and we want to June 20th last year, that could have set the are setting up a new structure here give them special protection. We are May 20, 1998 CONGRESSIONAL RECORD — SENATE S5197 being asked to give this special protec- Many advertising experts, including for the 400,000 Americans who die from tion to tobacco. I have to tell you, Mr. the head of the Federal Trade Commis- tobacco-related diseases each year. President, I don’t have a whole lot of sion, predict such a suit will succeed in These are special provisions. They are people in Vermont rushing up to me throwing out the advertising restric- unnecessary. Why should the industry and saying, ‘‘Oh, please, please, please, tions as unconstitutional. In the end, stop marketing to children? Why give immunity to the tobacco compa- Congress will have been duped again by should they stop manipulating nico- nies. This is our No. 1 priority.’’ the tobacco industry. They will have tine? Why should they stop cutting In fact, this is whom they are asking given unprecedented legal protections health research when they know this to give immunity to. Mr. President, in exchange for empty promises. They liability cannot exceed a certain look at this stellar group standing, will have said, ‘‘You guys fooled us be- amount? If they know the liability is raising their hand, swearing to tell the fore when you testified under oath, but capped, then it just becomes a market- truth, the whole truth, nothing but the we know you have now found religion ing ploy. truth, and then they sat down and lied. and you are going to be fined this time Some might say, ‘‘Well, they would I remember my days as a prosecutor. and you haven’t fooled us again.’’ It re- not do that because they promised us.’’ We used to see lineups like that, but minds me of Charlie Brown and the This is like saying the check is in the they were usually a different type of football: ‘‘Don’t worry, Charlie Brown, mail, I gave at the office, or a few lineup and you had numbers across the I won’t pull the ball out this time.’’ other versions of that. Why should any- front. And we see that, of course, every year. body trust them? I do not. A liability These are not the people I want to Out goes the football, and flat on his cap eliminates the incentive for the to- give immunity to. These are not the back goes Charlie Brown. bacco industry to change its corporate people I want to go back home to Ver- Well, let’s not do that to the people culture. It is kind of like having two mont and say, ‘‘I voted to give them of this country. We have learned a lot warehouses side by side and one has immunity.’’ In fact, yesterday the more about the industry’s schemes. We got locks on the doors and one doesn’t. former Surgeon General, Everett Koop, have seen what Attorney General Skip And you have somebody who is inclined and the former FDA Commissioner, Dr. Humphrey in Minnesota has pried loose toward burglarizing a place, and they Kessler, endorsed the Gregg-Leahy from the hundreds of thousands of in- say, ‘‘Oh, I promised not to burgle amendment because they know Con- ternal tobacco documents. Let’s take a those places.’’ Well, they are not tell- gress can protect the public health ing us the truth. We know which one without having to protect big tobacco. look at some of this. This really comes down to the issue Let’s look at some of these things they are going to go into. They are of, Do you have to protect big tobacco that came out of Minnesota, the re- going to go into the warehouse without in order to protect public health? I say leased tobacco documents. Now, this is the lock. Let’s put some locks on it. I think, if you don’t have the incen- no. What we should be doing is protect- just marketing that is aimed at chil- tive of real liability facing them, the ing public health, that is it, not pro- dren. Look at this one: promises they make to get the Con- tecting big tobacco. To ensure increased and longer-term Now, the Senator from Arizona, Mr. growth of Camel Filter, the brand must in- gress off their backs today are the MCCAIN, the Senator from South Caro- crease its share penetration among the 14–24 promises that will be forgotten tomor- age group which represents tomorrow’s ciga- lina, Mr. HOLLINGS, and the White row. If big tobacco could turn its liabil- rette business. House have done a great job in narrow- ity exposure to fixed costs which they ing the list of special legal protections Mr. President, this is not a typo- could pass on to consumers and tax- in the managers’ amendment, and I graphical error. They are talking about payers, then they can keep on doing compliment Senator MCCAIN, Senator how they will increase—not just to business as usual without the risk of HOLLINGS, and the White House for start people at 14 years old but how litigation. what they have done. But now that the they will increase the market among How will the liability cap work? Will Senate begins floor debate on this re- 14-year-olds. it reward today’s plaintiffs at the ex- vised bill, we have to go beyond that. Philip Morris starts off being a little pense of future injured parties? Be- We have to take the great work that bit more responsible by saying: cause most lawsuits settle, I believe my neighbor from Massachusetts, Sen- Marlboro dominates in the 17— the tobacco industry will have a unique ator KERRY, and the others I have But then we see— negotiating edge if they have a liabil- ity cap. The industry will have every named have done. Then we have to say, and younger age category. incentive to do sweetheart deals with once and for all, we are rejecting the RJR ‘‘Product Research Report’’: tobacco industry’s siren song for un- favorite plaintiffs—do that first, then Salem King shows encouraging growth by use the prospect of delayed payments precedented legal protections. posting a four point gain in the 14–17 market. I applaud Senator KERRY and Senator in the future to force smaller settle- MCCAIN and Senator HOLLINGS and the You wonder if whoever wrote this ments. A payment delayed will result White House for going as far as they about encouraging growth, do they in justice denied for thousands of to- did, but I want to now go further, lock have children of their own? Do they bacco victims. the door, close the door once and for have children of their own that they I said earlier, each week, when I go all, and allow us all to go back home to would brag about that? back home, I don’t have a lot of my fel- our States and say we stood up to big Or look at Brown & Williamson: low Vermonters coming up to me and tobacco, we voted against immunity. It At the present rate a smoker in the 16–25 saying, ‘‘Hey, PAT, give immunity to is time for Congress, and especially the year age group will soon be three times as the tobacco industry.’’ We Vermonters Senate, to scrap the last remnants of important to Kool as a prospect in any other are known for our common sense. My the original sweetheart deal of immu- broad age category. fellow Vermonters are telling me that nity for the tobacco industry. That was Again, Mr. President, as a parent, I immunity for big tobacco makes no the sweetheart deal that was in the find this reprehensible. To them this sense. In fact, the Vermont legislature proposed national settlement. was just marketing, and is that the overwhelmingly, Republicans and In theory, the tobacco industry will kind of conduct that we should reward Democrats alike, passed a resolution restrict its future advertising in ex- with unprecedented legal protection, condemning any immunity for the to- change for legal protections from past that we should reward people who tar- bacco industry in Federal legislation. I punitive damages and other past and get 14-year-olds? To use the language think that is because the American future damages. I reject this mirage of of the same 14-year-olds, get real. We people outside the beltway understand a deal because it will evaporate in a can’t do it. If we grant immunity to that big tobacco does not deserve any court of law. Any affected industry this special rogue industry, we have special legal protections. that is or is not part of the deal, such lost all our common sense. I take seriously the admonition of as a retailer or distributor or even a to- But if we go with the bill as now Mississippi Attorney General Michael bacco company, might sue to block written, we will establish an $8 billion Moore, whom I respect greatly, who these restrictions as being in violation annual cap on damages for tobacco told the Senate Judiciary Committee of the first amendment. claims. That is about $20,000 per family last year that the proposed settlement S5198 CONGRESSIONAL RECORD — SENATE May 20, 1998 offers Congress a historic opportunity tobacco industry, and we will vote for That is a pretty steep penalty, $4 bil- to seize the moment and protect the the Gregg-Leahy amendment. lion plus the assessment per child if health of future generations. But I be- I believe it makes sense. I certainly they don’t meet the reduction levels; lieve that we can seize this historic op- find myself in total agreement with that is, if the companies do not decide portunity to curb teenage smoking what the distinguished Senator from to be part of the solution. If all they do without giving big tobacco any special New Hampshire, Mr. GREGG, said. That is get assessed the $1.10 assessment, legal protection. Under our amend- is the way I feel about it. and all they do is meet the standards of ment, a State may resolve its attorney I understand from earlier discussions the look-back, they are subject to suit general’s suit or take on the tobacco with the distinguished leader we may forever—forever. There is no immu- industry in court, as Minnesota did. It not vote on this today; we may vote on nity. They are liable. They are liable— is up to the people of that State, in- it tomorrow. But whenever we do, not even under the cap. There is no cap stead of Washington. That is the same think what is in the best interests of under those circumstances. I ask my approach used in the Conrad bill that the country. Think what is in the best colleagues to focus on that in this bill. has, I think, 32 cosponsors. interests of the people. And think, This is a two-part bill. One part offers I am confident in my State of Ver- every Senator, how you would answer the companies the opportunity to be mont, Attorney General William this question when you go home if you part of the solution. Only if they be- Sorrell knows the facts in his lawsuit are asked: Are you willing to give im- come part of the solution does there against big tobacco. He is going to munity, even limited immunity, to the then apply a so-called cap on annual weigh the interest of Vermonters in de- tobacco companies or not? If you are payments. ciding to opt out of the bill’s settle- not, then you vote for this amendment. Even if there is a cap on annual pay- ment provisions. As one Vermonter, I I yield the floor. ments, there is no immunity; there is am perfectly willing to put that deci- The PRESIDING OFFICER. The Sen- no avoidance of liability. We heard my sion in the hands of our elected offi- ator from Massachusetts. colleagues stand here and say—let me cials in our State. Mr. KERRY. Mr. President, I have quote it: ‘‘The liability cap permits Our approach puts the interests of listened very carefully to both of the them to avoid changing the corporate the children ahead of the interests of proponents of this measure, for both of structure.’’ the tobacco lobby. The public health whom I have respect. But I must say Not true, Mr. President. The liability community agrees that immunity for this amendment is really not con- cap does not permit them to change to avoid it. In fact, they only get a liabil- the tobacco industry makes no sense. nected to the reality of what is in this ity cap if they agree to change the cor- The Advisory Committee on Tobacco bill or the reality of what we are trying porate structure. That is the way it Policy and Public Health, headed by to achieve with this bill. And I say that works now. The incentive of the cap is Drs. Koop and Kessler, wrote to Con- respectfully. the commitment to change the cor- gress: You might dub this amendment the ‘‘kick the tobacco companies hard no porate structure. If they change the We oppose granting the tobacco industry corporate structure by agreeing to live immunity against liability for past, present matter what the consequences’’ amend- or future misdeeds. Congress should focus its ment. This is the amendment if all you by the FDA rules, by agreeing to live efforts on public health, not on the conces- want to do is hate the tobacco compa- by the advertising restrictions, by sions the tobacco industry seeks. nies, all you want to do is come here agreeing to a whole set of require- I agree. I agree. Dr. Koop called a li- and show photographs of children or ments, that is the only way they qual- ability cap a huge corporate giveaway. show us how terrible the companies ify for the so-called cap. The cap is annual. That is not immu- He is right. I agree. After all, the only have been. Nobody is going to argue. nity. That means they can be charged reason we are here—and it is really a We all know that. We know the compa- up to $8 billion in the industry for credit to it—is our civil justice system. nies have lied. We know they have been every year on into the future, and it is In fact, without the use of class ac- egregious in their behavior. We know indexed, incidentally, for inflation. tions, without the likelihood of puni- they targeted young people in this That is immunity? That is why so tive damage recoveries, we all know to- country. We know they have come to many people are on the floor saying, bacco companies never would have the Congress, raised their hands, and ‘‘Hey, wait a minute, what are you come to the negotiating table. So let’s not told the truth. We understand all folks doing in the U.S. Senate?’’ be- not change our successful State-based of that. cause there are some people here who tort system as it involves tobacco leg- The question is, What are we going to think that is too tough. islation. It has served us well. After be able to achieve here in the U.S. Sen- The fact is, and I emphasize this all, the same people who were in the ate in terms of conditioning their be- again and again, there are two choices picture I showed earlier, raising their havior, within the limits of our Con- for the companies: They can either hands, swearing they will tell the stitution, within the limits of our abil- take the assessment, be assessed the truth, the whole truth, nothing but the ity to do so. We have heard the words $1.10 and have the look-back provisions truth so help me—and I think they said that the tobacco companies ‘‘do hanging over their heads and be sued were swearing on a tobacco leaf be- not deserve immunity.’’ That is cor- and sued and sued by a State or an in- cause now the Department of Justice is rect. They do not deserve immunity. dividual on into the future, or they can currently investigating them for crimi- And they are not receiving immunity decide they are going to sign up. nal conspiracy and perjury. I would under this bill. There is no immunity. What are they going to sign up to? say, if I can move that metaphor a lit- They are liable. There are simply two Each company will sign up to a whole tle bit further, strip away the tobacco choices as to how they are liable. set of restrictions—FDA advertising re- leaf and see what is hidden behind it. I They can be liable by paying the an- strictions, they would make a substan- am not going to give legal immunity to nual payments that will now come tial up-front payment, they would the same people who appeared here and from the $1.10 that appears to be at abide by the far broader advertising re- lied to Congress while under oath. least settled for the time being. They strictions that were in the June 1997 Why in the world do we want to give will pay from that. And they will, in settlement, they would create a docu- big tobacco such legal protections? addition to that, have very, very rigor- ment depository, and they would agree Rely on common sense. Rely on the ous so-called look-back assessments. not to challenge provisions in the bill things I hear from my fellow Ver- They will have to live up to those look- and to abide by these provisions, not- monters as I am in the grocery stores back assessments. Where, if they do withstanding any future decision from back home. Rely on what I hear, as I not achieve a specific level of reducing the court on constitutionality. am walking down the street, from Ver- smoking among teenagers, then they That is really critical, Mr. President. monters of all political persuasions. get hit harder. They pay more. They We are asking these companies to do a Rely on the common sense I hear from pay more as an industry, up to $4 bil- whole bunch of things that we can’t get my neighbors and friends of a lifetime lion on any year, and they pay more them to do unless they agree. We can’t back home. Then we will reject the un- per child that is deemed not to be mandate that they give up their con- precedented legal protections for the meeting that level of reduction—$1,000. stitutional rights. No matter what we May 20, 1998 CONGRESSIONAL RECORD — SENATE S5199 pass here, these companies have con- Here we have in front of the U.S. nies that sign the protocol and agree to stitutional rights under the first Senate the opportunity to raise the get the $8 billion limitation on their amendment. They have to come in and price and the opportunity to have very annual liability will still have to agree sign a consent decree and sign an stiff look-back provisions that will to live by it. If any of them break any agreement, and they have to agree, hang over the heads of the company. component of this act, they have no among other things, that there will be Let me just cite what those are, Mr. cap at all. They are subject to exactly no billboards within 1,000 feet of a President, if you don’t think those what the Senator wants. school; that all advertising will be aren’t tough. There are two look-back Here is the choice for the U.S. Sen- black and white text unless in adult- assessments. There is an industry-wide ate: It is a choice of whether we are only stores; that all advertising in the assessment and there is an individual going to have a piece of legislation text must be in black and white, unless assessment. that makes sense, that is built on com- in magazines with 15 percent or less Under the industry-wide assessment, mon sense, that tries to bring the com- youth readership; it prohibits the sale the industry is going to have to reduce panies into the fold, that tries to cre- or give-away of any products with to- youth smoking 15 percent in years 3 ate a solution for this problem, or you bacco logos; it prohibits brand name and 4, 30 percent in years 5 and 6, 50 just come out here and feel happier sponsorship of sporting and entertain- percent in years 7 and 9, and 60 percent bashing the companies. ment events. in years 10 and beyond. And I think the choice is very, very We can’t do those things, unless the If the industry fails to meet these clear for the Senate. I think the Sen- tobacco companies agree. What they targets, then there will be a graduated ator from Arizona, and Senator HOL- agree to is that they will do that. Even industry-wide assessment of the follow- LINGS, and the others who have worked if the court decided later that it is un- ing amounts: $80 million per point for on this particular effort to create this constitutional, they will abide by it. missing the goals by 1 to 5 percentage structure have struck a balance of that How are we going to get them to do points, $160 million per point for miss- common sense and of a way of achiev- that? How are we possibly going to get ing the goals by 6 to 9 percentage ing the goals of the Senate. these tobacco companies to become points, and $240 million per point for Several Senators addressed the part of the solution of keeping our kids missing the goals by 10 or more per- Chair. from doing things unless they agree to centage points. The PRESIDING OFFICER. The Sen- The total industry assessment will be do it, and the fastest way to keep them ator from Arizona. capped at $4 billion per year, which is from agreeing to do it is to say to Mr. MCCAIN. I will be brief, because about 22 percentage points, and this I do not want to take the time from them, ‘‘We’re just going to kick you will not be tax deductible. If the indus- around forever and forever, be subject the Senator from Alabama who is try fails to meet the youth smoking going to speak next. to lawsuits forever and forever’’ and targets, they will have to pay about 27 not offer some incentive to come on So I just mention administratively percent per pack. In addition to that, that, after discussion with the Senator board. there will be a company-specific I reiterate, that is not immunity, it from Massachusetts and with the ma- amount of an assessment annually— is a deal. It is a deal just like the attor- jority leader, it would be our intention $1,000 for each child who uses tobacco ney general of Minnesota made, the at- to have either a tabling motion or an beyond the youth smoking reduction up-or-down vote on this amendment torney general of Mississippi and the targets. attorney general of Florida. That is and the second-degree amendment Mr. President, there is no way to sug- around 10 o’clock tomorrow. It is my what happens in the courtrooms of our gest that that is immunity. You can’t country every single day. If you bring understanding that we will be in at be required to engage in that if you, in about 9:30, and that would give a half- a lawsuit, as 44 attorneys general have fact, have immunity. If you have im- done, then you go to court. But many hour tomorrow morning. So whether munity, you walk away free. Immunity we have the unanimous consent agree- of these cases come to some kind of means you are not going to be pros- settlement before they ultimately go ment or not, that would be the inten- ecuted. Immunity means you don’t tion of the Senator from Massachusetts to a jury verdict. pay. Immunity means there is no price. and myself. I remind my colleagues, the Senator There is clear liability here and the li- from New Hampshire and the Senator Second, the majority leader has ability, I think, is serious. asked me to announce that there will from Vermont, in all of the years of A final comment I will make is that bashing tobacco, in all of the years of be no further rollcall votes tonight. participating manufacturers—and this I would like to say, and point out to hating tobacco, in all of the years of is very important—must agree to com- my colleagues, that I have heard all summoning up these speeches that ply with all of the provisions in the day today that some of my colleagues whack them apart and say what they act, including the provisions in look- have felt that they have not been able have done, not one lawsuit has been back and in the annual assessments. to speak on the bill. There are others won in a courtroom. Not one. They must also agree not to bring any who want to speak on the amendment. What my colleagues are suggesting is court challenges to any provision in I encourage you to come over. As I that somehow the country is going to the act. be better off by allowing that status I ask the Senator from New Hamp- mentioned earlier, the Senator from quo to continue; that all we are going shire rhetorically, we can’t get them to Massachusetts and I will remain here to do is have a bunch of lawsuits rather agree not to go to court. They are al- until such time as everyone is heard than trying to bring the companies ready challenging the FDA rule. They both on the bill and on the amendment. So finally, Mr. President, I just re- into the process of helping to resolve are clearly going to challenge the con- ceived a letter from the President ad- this issue. stitutionality of the look-back provi- dressed to Senator LOTT expressing Again I say, if you want to have a sion. The only way we can get them to President Clinton’s opposition to the document depository which, inciden- participate is by offering something, Gregg-Leahy amendment. I ask unani- tally, helps people continue to sue and and the something is that you are mous consent that that letter be print- they are able to continue to sue up to going to settle the lawsuits and you ed in the RECORD. the level of the $8 billion per year, that are going to have the ability to give There being no objection, the letter is not immunity. The best of my judg- them certainty as to how much their was ordered to be printed in the ment is that is a limitation on the ex- liability is on an annual basis. posure of immunity. It is a limitation Also, they will agree to abide by the RECORD, as follows: on the degree to which you are going to provisions in the act, including the an- THE WHITE HOUSE, have to pay out in a given year, and nual payment in the look-back provi- Washington, May 20, 1998. that is precisely the kind of certainty Hon. TRENT LOTT, sion, even if a third party challenges Majority Leader, U.S. Senate, that the tobacco companies and the at- that provision and it is declared void Washington, DC. torneys general were trying to achieve by a court. DEAR MR. LEADER: I applaud the Senate for in the agreement they came to last I emphasize that. Even if a third taking up comprehensive, bipartisan legisla- year. party challenges it, the tobacco compa- tion to dramatically reduce teen smoking. S5200 CONGRESSIONAL RECORD — SENATE May 20, 1998 Every day, 3000 teenagers start smoking reg- doesn’t prevent anybody from suing the com- fact, they have agreed, in addition, to ularly, and 1000 will die prematurely of panies and getting whatever damages a jury pay $8 billion into a fund that would be smoking-related diseases as a result. I urge awards will get tobacco companies to stop available for individual liability law- the Senate to move swiftly to pass com- marketing cigarettes to kids, it is well worth suits—each year, $8 billion. It goes up prehensive legislation that could save those it for the American people. I, therefore, op- children’s lives. pose the Gregg Amendment to strike the li- according to the cost of living index. Last September, and in my budget plan, I ability cap. So I just say, this is a remarkable set forth five principles for comprehensive I strongly support these improvements, settlement. And it reminds me of the tobacco legislation: Raising the price of and I urge the Senate to pass this legislation case in which the client sues and gets cigarettes by $1.10 a pack over 5 years with without delay. everything he wants but he still wants additional surcharges on companies that Sincerely, to keep suing because he wants to get continue to sell to kids; affirming the FDA’s BILL CLINTON. a drop of blood. full authority to regulate tobacco products; Mr. MCCAIN. Mr. President, I yield Now, let me say this. I am not a de- getting companies out of the business of the floor. marketing and selling tobacco to minors; fender of tobacco. I do not take any promoting public health research and public Mr. KERRY addressed the Chair. money from the tobacco industry. I be- health goals; and protecting our tobacco The PRESIDING OFFICER. The Sen- lieve it is a very damaging product to farmers and their communities. ator from Massachusetts. people’s health. I know that as cer- I have made protecting tobacco farmers Mr. KERRY. I know the Senator from tainty as I am able to know anything. and farming communities a top priority for Alabama has been waiting. I just I oppose its use. I believe anything we this legislation, and I believe Senator Ford’s misspoke on one thing, and I want to, can do particularly to keep youngsters LEAF Act fully meets this standard. I am if I may, correct it, take 2 minutes, and from getting involved in tobacco is deeply troubled by the Senate Leadership’s then I will yield the floor. recent attempt to undermine protection for good, because it is more difficult for tobacco farmers and their communities. I When I talked about the things that them to quit once they start, and they urge the Senate to work through this im- the advertising is going to require, become addicted quicker at a younger passe and ensure that small, family farmers that was the components of the FDA age. It is a very insidious product, and are protected. rule itself. I want to just share with we ought not to do anything that If that issue can be resolved to my satis- my colleagues how, by bringing the would undermine our effort, that I faction, the bill before the Senate, as amend- companies in, it goes way beyond the think has bipartisan support, to deal ed by Senator McCain’s Manager’s Amend- FDA rule, because they would then be with smoking in America. ment, is a good, strong bill that will make a agreeing to have a ban on human im- real dent in teen smoking. Congress should Let me talk about this subject on a pass it without delay. ages, animal images, and cartoon char- broader basis. And I think our Mem- I applaud Senator McCain and others in acters. They would agree to a ban on bers ought to consider this on both both parties who have worked hard to outdoor advertising, including stadia sides of the aisle. It is above partisan strengthen this legislation. I am particularly and mass transit, they would agree to a politics. In my view, the law is too pleased that the bill contains significant im- ban on Internet ads accessible to mi- much with us late and soon. We have provements which will help reduce youth nors, and they would agree to severe too much litigation. Courts are clogged smoking and protect the public health: restrictions on point-of-sale advertis- Tough industry-wide and company-specific all over America with more and more lookback surcharges that will finally make ing of tobacco products. All of those lawsuits every day. People cannot get reducing youth smoking the tobacco compa- things are what you get for having the speedy justice. Cases are backed up. nies’ bottom line; companies agree to be part of the proc- Costs have increased. And it is not a Protection for all Americans from the ess. pretty sight. health hazards of secondhand smoke; The final comments I would make is, As policy-setting Members of this No antitrust exemption for the tobacco in- I began the process very much feeling Government of the United States, it dustry; Strong licensing and anti-smuggling provi- that there should not be sort of a re- ought to be our goal to reduce that liti- sions to prevent the emergence of contra- straint liability, in a sense. When we gation, to do what we can to obtain band markets and to prosecute violators; sent this bill out of committee, there justice in ways that do not require citi- A dedicated fund to provide for a substan- was a great deal more restraint with zens of this country to expend extraor- tial increase in health research funding, a respect to liability. And since the Com- dinary sums of money over long peri- demonstration to test promising new cancer merce Committee effort in putting the ods of time for only modest gain at the treatments, a nationwide counteradvertising managers’ amendment together, we end of it. That is a principle in which campaign to reduce youth smoking, effective state and local programs in tobacco edu- have taken out an extraordinary num- I believe deeply. cation, prevention, and cessation, law en- ber of those restraints. I will not go I have been a practicing lawyer all forcement efforts to prevent smuggling and into detail now, but all of them were my career. I served as a U.S. attorney crackdown on retailers who sell tobacco taken away, so that there was consid- for almost 12 years, and I practiced law products to children, assistance for tobacco erable increased exposure of the com- in private practice. farmers and their communities, and funds panies, which is one of the reasons why Let me just mention the asbestos for the states to make additional efforts to the companies are spending so much litigation situation. Asbestos caused a promote public health and protect children; money now advertising and trying to number of different diseases that have and The elimination of immunity for parent refocus America on what this bill is resulted in large payments by the as- companies of tobacco manufacturers, an in- not. And I think that is a critical thing bestos companies. This was handled, in crease in the cap on legal damages to $8 bil- for us to keep in mind. the normal litigation of America, in lion per year, and changes to ensure that the I yield the floor. the torts lawsuits that have been filed. cap will be available only to tobacco compa- The PRESIDING OFFICER. The Sen- Over 200,000 of those lawsuits have been nies that change the way they do business, ator from Alabama. filed and concluded, 200,000 more are by agreeing to accept sweeping restrictions Mr. KERRY. I thank my colleague pending, and it is estimated there may on advertising, continue making annual pay- for his courtesy. be another 200,000 filed. ments and lookback surcharges even if those Mr. SESSIONS. I thank the Senator Now think about that. That is 600,000 provisions are struck down, make substan- tial progress toward meeting the youth from Massachusetts for summarizing lawsuits, perhaps more, having to wind smoking reduction targets, prevent their top many of the very significant restric- their way through the court system, management from taking part in any scheme tions that will be placed on the tobacco with lawyers, and fees, and costs, and to promote smuggling, and abide by the companies if they participate in the expenses. According to testimony we terms of the legislation rather than chal- settlement. had before the Judiciary Committee by lenging it in court. Because the First But I really do believe, and can say one expert who studied this matter, Amendment limits what we can do to stop with great confidence, that we are not less than 40 percent of the money paid the tobacco companies’ harmful advertising dealing with a question of immunity by these asbestos companies actually practices—which lure so many young people to start smoking—we can do far more to when an industry agrees to pay $750— got to the victims, the people who were achieve our goal of reducing youth smoking $70 billion in payments to subject itself suffering disease because of their expo- if the companies cooperate instead of tying to many other controls and limita- sure to asbestos. Just think about that. us up in court for decades. If a cap that tions. That is not immunity. And in Less than 40 percent of the money they May 20, 1998 CONGRESSIONAL RECORD — SENATE S5201 paid actually got to the victims of as- toward their payment into this fund. you recover goes to the lawyer if you bestos disease. That is not a rational way to see that have that kind of an agreement. That I think that is unacceptable. That is injured people get paid. They should is what the arbitrators are going to af- an unjustifiable event. It does not re- not be required to do that. It will also firm. They are not going to undercut flect credit on the legal system, and it cause a race to the courthouse because written contracts between attorneys does not, even more so, reflect credit you don’t get any money until you and clients the way this thing is writ- on the Congress and the Senate of the have a final affirmance of your judg- ten. United States, because we should have ment, and only then can you come to So there is no protection here to sub- legislation that can deal with that in a the tobacco company and get your pay- stantial fees being paid to attorneys in more efficient way. ment. all of these cases. We know it will take So I just say, I am troubled by the We should not be put in a situation years for them to be concluded. There prospect that we will allow litigation in which two equally deserving claim- will be a race to the courthouse to get to spring up all over America, that we ants have filed a lawsuit and one wins judgment. Some States will allow suits can have a fund there to pay it, that we and he has a fast court system and he to proceed. Others will not. Some peo- will have not 200,000 smoking suits, as gets into the fund and gets his money ple will draw a favorable jury, win a they had in asbestos, but perhaps first and another one takes a long time big verdict, $100 million; somebody else 500,000, 800,000, a million, several mil- before he ever gets his final judgment, will have a jury that is more conserv- lion lawsuits filed—tens of hundreds, before he gets money. We are creating ative and renders no verdict, zero ver- maybe thousands in every community a system that will be aberrational. dict. This is not the way we ought to in America, large and small, where It will be aberrational in a number of do it. lawsuits will be filed, clogging the other ways. Some States will be favor- On this legislation, we begin the dockets of the courts, taking up weeks able to these kind of lawsuits. Some process of establishing a sane and ra- to try, and incurring great expense. It States will not. Maryland has already tional method of distributing the funds seems to me we can do better than changed its law to make lawsuits that ought to go to those who have that. I am certain that we can do bet- against tobacco companies easier to been injured by tobacco. However, the ter than that. file. Other States may do that. Tradi- problem with it is it does not go nearly What happens when a lawsuit of this tional defenses such as assumption of far enough. This is a classic mass tort nature is filed? And I have to agree the risk and contributory negligence situation. The greatest mass tort situ- with Senator GREGG from New Hamp- may be vitiated by legislation or court ation, perhaps, in the history of man- shire: This bill is not effective in what rulings, and lawsuits will move faster kind in which millions of Americans it intends to do. It needs to be amend- and more successfully in one State, have smoked for a long time and they ed. And Senator JEFFORDS from Ver- whereas another State that adheres to have hurt and damaged their health be- mont and I will be introducing legisla- traditional rules of law may not allow cause of it, and as a result of that they tion on this bill, an amendment, that cases to move forward at all. It may be now want to seek compensation. will distribute moneys that are paid in unsuccessful wholly in one State. In- First, let me say something. I have a fair and equitable manner, with the deed, we could have one or more States to be very frank. No individual person minimum of cost and the quickest pos- virtually bankrupting the tobacco in- has succeeded in a lawsuit against a to- sible turnaround time, so the people dustry themselves if they were to have bacco company, primarily because of who are ill can receive compensation unfettered litigation cases of this kind. the traditional rules of law that say if which they deserve, receive it quickly, As a person who has practiced law for you undertake a dangerous activity without even having a lawyer. a long time, who has been in court on and you are injured in that, you cannot Under the court system approach, a consistent basis, I can tell you that sue somebody and ask for compensa- just turning over tobacco lawsuits to the prospect of hundreds of thousands, tion because of it. The way this bill is litigation throughout America, we are maybe a million tobacco lawsuits being written, I believe the likelihood is we talking about individuals having to filed, burdening the judges and courts will have more States like Maryland hire attorneys. The Wall Street Jour- to a degree they have never known be- amending their law, more pressure on nal has already noted that attorneys— fore is not a good thing. The taxpayers judges and juries to get around the tra- I believe, in Detroit or Chicago—are pay for that. Some will say it is a free- ditional defenses to these kind of ac- advertising for tobacco clients now. market deal. Just let people file their tivities, which is somewhat dangerous, They are already advertising for cli- lawsuits and the government is not in- because what about the liquor compa- ents so they can file lawsuits. Tradi- volved in it. The courts are the govern- nies and cirrhosis of the liver or other tionally, they will charge at least one- ment. Courts are the government. The kinds of diseases that come from other third, probably more of them will taxpayers are paying for the judges, kinds of products. Is there no barrier to charge 40 percent of the recovery on a the jurors, the clerks, the court report- that anymore? contingent fee basis. That means 40 ers and everybody that manages a I will say we have a major mass tort percent of the money paid out by the courtroom, and the courtrooms in situation. We ought to deal with it in a tobacco company won’t go to the vic- which these cases are tried. The tax- comprehensive manner. We should not tim, but will go to the attorneys. In ad- payers are intimately involved in that. allow an unfettered lawsuit flood to dition to that, there will have to be We can do a lot better than this. I dominate the American court system, trials, court costs, jury costs, deposi- just say we cannot allow a repeat of resulting in some people winning large tion costs, medical costs, expert wit- the asbestos litigation situation. We verdicts, others getting nothing, delay, ness costs, and great delays. cannot, as Members of this body, allow people dying before they have any re- Before you can get any money out of a situation to occur in which less than covery. this bill, you have to have a final judg- 40 percent of the money paid out actu- Senator JEFFORDS and I will be intro- ment. Normally that would mean a ally gets to the people who are victims ducing a bill that will say if you have judgment by the supreme court of the of the crime. They will say, well, in a serious disease and have been dis- State, which may be 2 years or more in this bill they have arbitration over at- abled because of your smoking, you can the offing. The result of that, I suggest, torney’s fees. I have heard that. So I file a claim and within 90 days you can for people who are suffering from lung have gone back and read the legisla- be paid. You will not even have to have cancer is that many of them, unfortu- tion. This is the arbitration: If you are an attorney. We will limit the cost to nately, would not live to see any recov- unhappy with the agreement you have 10 percent and we will dispense the ery. with your attorney, you can go to an moneys based on the seriousness of The Senator from New Hampshire is arbitrator. The attorney gets to name your disease, the seriousness of your also correct that it appears under this one member of the panel, you get to disability and whether or not it is con- bill the tobacco companies decide who name one, and those two select a third. nected to smoking. That is the kind of gets paid. I don’t know how that came But if you have a standard agreement thing we can do. We can use this about, but it indicates they pay who- with them on a one-third or 40 percent money that the tobacco companies in ever they want to pay and that counts contingent fee basis, 40 percent of what this litigation demand that they pay— S5202 CONGRESSIONAL RECORD — SENATE May 20, 1998 $8 billion a year—and we can use that nia smoke. Let me give you a really point we would create a black market to compensate in a prompt and fair chilling figure. One out of every four in this country, unmatched by what way those who have been injured. To high school senior is addicted to nico- happened in Canada in the 1980s. do otherwise is just not a good way to tine. One out of every four high school I believe that, as I understand the do business. It will enrich lawyers, it senior in the largest State in the Union MCCAIN bill, within 5 years in the State will burden the courts, and it will guar- is addicted to nicotine. That is why I of California, with the item on the bal- antee an irrational distribution of say an express prohibition on all adver- lot, you will have a black market in funds to those who have been injured tising is important to the success of cigarettes unmatched by anything in and minimize the amount of money ac- any antismoking effort. history. According to an independent tually getting to those who deserve to Mr. President, 1.8 billion packs of industry analyst, the price per pack in be compensated. cigarettes are sold in California each 1997 dollar terms, under the Commerce I will say that I do believe that this year. On a per capita basis, 54 packs of bill, would be $4.61. In California, with amendment should not be passed, that cigarettes are consumed in California what is on the ballot in June, that will the payment of $755 billion, the agree- each year by every man, woman, and make it $5 a pack. If you include infla- ment to give up certain constitutional child in the State. And there are more tion, the MCCAIN legislation would be rights such as free speech and advertis- than 32 million of us in that State. We $4.61, and that becomes $5.11 if you add ing is the kind of settlement that is already have a 37-cent State tax. We the 50 cents that is on the ballot in my justifiable and proper under the cir- have a 24-cent Federal tax. And on the State in November. That is above any- cumstances. We would make a historic ballot in November is an initiative thing that anyone has said would be step forward for America if we can de- placed there by Rob Reiner, which the trigger point to create a black mar- velop a way to ensure that those who would put on 50 cents additional. So we ket in the State. This is a 25-year pros- are injured in a mass injury-type situa- will be over a dollar in tobacco taxes in pect, so the numbers only go up from tion such as this are compensated in a the State of California before this body there. At the Judiciary Committee hearing realistic and prompt way. I believe we and the other body do anything at all. 2 weeks ago, John Hugh, the senior as- can do that. For these reasons, I must In California, 300 young people under sistant attorney general of the State of ask my fellow Senators to vote no on the age of 18 begin smoking daily. We Washington stated: the Gregg amendment. all know the health consequences. Just I yield the floor. yesterday, my closest and oldest friend As tax rates have risen generally across the United States, a new trend is emerging. The PRESIDING OFFICER. The Sen- called. She had just been diagnosed Increasingly, tobacco products manufactured ator from California. with lung cancer. She quit smoking 30 outside the United States are being smug- Mrs. FEINSTEIN. Mr. President, I years ago. Just the day before, I gled into the United States and are sold on come to the floor to make a general learned of the husband of a very close the contraband market. In 1988, California statement about the legislation. friend of mine who just had a tumor, increased its tobacco tax from 18 percent to Let me say this to begin with: I am stage 4, the size of a softball diagnosed 35 percent per pack. Today, the contraband very concerned by the speed with in his lungs. So we all see this happen- market is estimated to be between 17 and 23 which this bill has come to the floor. It ing to us every day. A good friend of percent of the cigarettes sold. has really foreclosed any real financial mine just died from lung cancer —a The impact of cigarette smuggling is analysis—no joint tax figures that are lifetime smoker. enormous for this country and most adequate, no CRS analysis, no CBO The hard part is not that we don’t particularly for my State. First, there study. want to do something, but whether is, obviously, the loss of State excise For me, who represents California, what we do is right. What really will tax revenues, which I said were $20 mil- there is a certain irony in passing a bill turn around the teenage trap of smok- lion to $50 million annually now. under these conditions. That irony is ing and addiction? What is the right Second, we have no control over the what we do that we believe is right for balance of penalties, pressures, regula- safety of cigarettes that are smuggled people may turn out to be very harmful tions, and health research for the next in from overseas. For example, tobacco for those very people. And I want to 25 years? If the goal of this legislation from China is much harsher, and the say what I mean by this. I want us to is to reduce and limit youth smoking, cigarettes are much more carcinogenic. And that is a very likely contraband pass a good bill. What is a good bill? It and not just creating a spending bill, potential black market today. Even is one that deters smoking; it doesn’t we must address the link between price though all 50 States have laws prohib- create a huge black market; it is con- of cigarette packs, the ratcheting down iting the sale of tobacco to people stitutional; it would give the FDA full of nicotine, if the FDA has full regu- under 18, Federal sting operations show authority to regulate the contents of latory authority, a black market, and that four in ten teen smokers nation- nicotine; it would prohibit all advertis- the availability of cigarettes to chil- wide today succeed in evading such ing, which to me is very important, not dren. We need to make certain that we laws. the kind of crimped regulations, but a don’t increase the price of cigarettes so Individuals, including teens, find prohibition on all advertising; and it high that it becomes lucrative for ways to buy available cheaper ciga- would have some strong antismuggling smugglers and for organized crime to rettes. In Canada, when they increased provisions, both domestic and inter- become involved in cigarette smug- tobacco prices by 150 percent in the national. gling so that, like cocaine, cheap 1980s, it is estimated that 40 percent of We have heard Senators state the black-market cigarettes will be avail- the cigarettes in Canada may have facts. Forty million Americans smoke able on street corners in cities all over been contraband U.S. cigarettes, where today. Most of them are addicted. I our country. a carton of Canadian cigarettes was $37 don’t think we have heard the Califor- Mr. President, there is already a compared to $14 for U.S. cigarettes. nia facts. Earlier, I was listening to the black market in California. It is a sub- We also heard testimony about how a distinguished Senator from Nebraska stantial black market, and it is based smugglers’ ally developed in an area say he was speaking on behalf of 1.6 on just the taxes I have mentioned so between Cornwall, ON, and Messina, million Nebraskans. My goodness, in far—a 37-cent State tax and a 24-cent NY, the epicenter of the Canadian con- California alone, three times the popu- Federal tax. The State estimates they traband cigarette crisis. lation of the State of Nebraska lose between $20 million and $50 million It goes on and on and on with testi- smokes. We have 4.6 million smokers in a year in revenues. mony. California who are adults; that is, 19 We have all heard in the Judiciary There is a very real probability that percent of the population of the State Committee commentary that when the within 5 years in California there will of California smokes. You can figure per-pack price increases beyond $3.60 to be a major black market, if the how many of those people you believe $4 a pack—this takes into consider- McCain’s per pack tax plus what hap- are truly addicted, who would like to ation what the public health people pens on the ballot in California in June quit but can’t. said could be added to a pack—about all go into law. Ten percent of our youngsters smoke; $2—and what the industry analysts With almost 890,000 youngsters smok- that is, 890,000 young people in Califor- said, anything over $3 to $3.50—at that ing, with one out of every four high May 20, 1998 CONGRESSIONAL RECORD — SENATE S5203 school seniors addicted to nicotine, Dear Colleague letter out today letting settling the state suits, and farmer what prospects do we have, then, of them know about this. transition payments. really reducing teenage smoking unless It is no secret that I have been work- And at the end of 10 years, it will be we can get full regulatory FDA author- ing with the distinguished chairman of entirely likely that the tobacco compa- ity, and unless we can prohibit all ad- the Senate Judiciary Committee, the nies will have won their suits because vertising, which I don’t believe we will distinguished Senator from Utah, on a of the constitutional infirmities within be able to constitutionally do unless bill that might well avoid some of this bill. the tobacco companies will agree to these problems—avoid the black mar- I am just talking about advertising. ban all advertising. To me, a ban of all ket for California, cover local suits and Then we go to the look-back provi- advertising is really going to be impor- county suits, provide a formula which sions. There are at least two major tant if we want to help youngsters to is really based on what we are trying constitutional problems with the look- not smoke. to do, which is to stop youth smoking, back provisions as written in this bill. Let me tell you two things about the and it makes sense in many other One is that they are going to punish McCain bill that I cannot live with. ways. these companies even though they I will shortly be introducing an Particularly, let me stress again that don’t show fault on the part of the amendment, along with Senators unless whatever we do here has some companies when the projected youth BOXER and DURBIN, to cure an injustice encouragement for the tobacco indus- smoking reduction targets are not at- in the McCain bill’s treatment of local try to agree not to advertise, the only tained. government. As presently drafted, the prohibition we can probably impose, or The constitutional experts have said bill would wipe out the suits that sev- perhaps—I say perhaps—some of those that may constitute a bill of attainder eral local governments have filed in the FDA rules, and even that will be which is expressly prohibited by the against the tobacco industry without litigated and even that will hold up the Constitution. providing a dime of compensation. legislation probably for 5 to 10 years. There are other constitutional infir- That is simply unfair. The McCain bill I notice the distinguished Senator mities with regard to the look-back currently would prevent local govern- from Utah is on the floor. I wonder if I provisions. So it doesn’t take anybody ments from sharing in any of the set- might ask him this question. I have on the side of tobacco companies 3 min- tlement funds now being provided for had the privilege of serving with him utes to know that if they face the Com- in the United States. San Francisco on the Judiciary Committee for 51⁄2 merce bill, in which they had no part was the first local government to sue. years now. I regard him as a strong and in drafting, during which they were not It sued in June of 1996. The suit was positive constitutional expert. even allowed to provide input, for joined in by 17 other California cities Based on what the Senator from Utah which they gave no consent to waive and counties representing over half of knows of the Commerce Committee their constitutional rights, then it is a the population of the State of Califor- bill, does the Senator believe it will be lot cheaper for them to litigate the nia. Local governments in three other contested in court, and does he believe matter with a good prospect of winning States have also sued the tobacco in- that it will withstand a constitutional than to pay over $800 billion in the dustry. New York City; Erie County, test? next 25 years. NY; Cook County, IL; the City of Bir- Mr. HATCH. I thank the distin- I might add just parenthetically that mingham, AL; and Los Angeles County guished Senator for her kind remarks. by some estimates there could be 1 mil- brought their own suits. These local I have listened very carefully to her. lion young children whose lives will be governments have been litigating There is no question in my mind—not cut short prematurely because Con- against the tobacco industry for 2 only from my own personal evaluation gress has failed to write a constitu- years. As a matter of fact, it was the and study of these issues, but also from tionally sound bill. California cities and counties which re- conferring with the top constitutional So the Senator raises very important solved the Joe Camel case in Califor- experts in the country, that both the issues; she raises very important con- nia. And as a result of that case R.J. original Commerce bill and the man- siderations here and very important Reynolds agreed to pull the infamous agers’ amendment we are now discuss- criticisms of this particular piece of Joe Camel campaign. R.J. Reynolds ing, are unconstitutional in scope and legislation. was required to disclose its confiden- intent. This is especially true with re- It really bothers me that many in tial marketing documents. The release gard to the FDA provisions where it this body are rushing to ‘‘pile on’’ this of those documents was front-page would appear that the advertising re- legislation without trying to bring the news across the country. strictions are too broadly conceived to tobacco companies onboard, albeit The California county lawsuit is set be enforced. Both Larry Tribe, a con- screaming and kicking. for trial early next year. In the absence stitutional expert on the left, and Rob- Let me state for the record. I have no of Federal legislation, the California ert Bork a renowned scholar on the respect whatsoever for the tobacco counties and other local governments right, have concluded these provisions companies. would expect to recover appropriate are problematic and raise constitu- I think that their record shows clear- compensation as a result of the trial or tional concerns. ly they have lied to the American peo- the settlement of these cases. The leg- With regard to any other advertising ple for decades. They knew their prod- islation coming out of the Commerce ban, as embodied in the new title XIV ucts were addictive. They knew they Committee jettisoned all of these suits. of this managers’ amendment, the only caused cancer. They deliberately mar- That is my first major point of a way they can go into effect will be if keted their products to young children, grievance with the McCain legislation, the tobacco companies actually volun- and then denied it. in addition to it moving so fast and the tarily consent to these restrictions on I would like nothing more than for cost such that I believe it creates a advertising. As the distinguished Sen- them to pay a trillion dollars a year. major black market. ator knows, they have not voluntarily But what I would like even more is The second objection is that the for- consented. Far from it. for us to endorse a workable, constitu- mula for distribution in the State dis- The companies have said they will tionally-sound new War on Tobacco, advantages 26 States because it is fight this bill. This means that if the and we are not going to do it by writ- based on an agreement among the At- McCain bill passes in its current form, ing a bill which fails the constitutional torney Generals and not on general and thus there is no voluntary consent test. Such an approach is destined for population census figures. For exam- to the advertising provisions, we will failure. ple, in California, if you use the popu- have up to at least 10 years of litiga- I remember clearly when Mississippi lation percentage as a formula mix, tion. During that time, we face the pos- Attorney General Mike Moore testified what happens is California’s share of sibility of having no money for our before our committee, not once, but revenues is increased 4 percent. And stated purpose of helping reduce youth twice. He related that the attorneys that is 9 percent to 12 percent, and that smoking, no money for smoking ces- general knew all these evil things is a third net additional cost for 26 sation, nor for any of the other stated about the tobacco companies when other States to which we have sent a purposes such as biomedical research, they were negotiating the settlement S5204 CONGRESSIONAL RECORD — SENATE May 20, 1998 last year, they waded through all the I am not sure if this is possible, but precedent for the future. But I cannot relevant documents, and they con- I think we ought to try, or the whole believe that it is good for the Finance cluded that the far greater goal was to program will be lost. And if we get Committee, good for the full Senate, help a generation of youth from becom- them back on, then this whole matter and good for the American people to ing addicted to tobacco than to con- can work and work to the best inter- consider what one Wall Street analyst tinue to focus on the companies mis- ests of children and society as a whole. has projected to be an $861 billion pro- deeds. So I thank my colleague for being gram without the Finance Committee If the companies broke the law, if willing to work together on this and, of having a meaningful opportunity to anyone in the companies broke any course, for bringing up the points she is study the Treasury Department’s esti- law, they should be punished to the raising here today. I hope that at least mates of the costs of the program. fullest extent possible. Nothing here cursorily answers her questions, and I As chairman of the Judiciary Com- would preclude that. Nor should it. will be glad to go into much greater de- mittee, I tried to get a full explanation But I get upset when some suggest tail later. of the Treasury model before a hearing that we can help children by thinking Mrs. FEINSTEIN. I thank the Sen- that we held on April 30. up literally every measure we can to ator for that excellent answer and the But, the administration failed to pro- punish the tobacco companies and then discussion of the constitutional infir- vide us with their model together with loading them into one constitu- mities and what is apt to happen in the a full explanation of their assumptions. tionally-infirm bill. litigation which would really hold up a And what I can only conclude from It seems to me it is possible to pun- remedy for smokers, probably for 10 that is they did not have a model; per- ish the companies, but at the same years. haps they were just hypothesizing. I time compel them to underwrite finan- I would like to ask another question. hope this is not so. cially a new public health program Is it not correct, I ask the Senator, Late the night before the hearing, I that can do future generations more that you also are a member of the Fi- succeeded in getting only a one-page good than anything we have ever envi- nance Committee in addition to being summary table that some Treasury and sioned. We simply can’t develop that chairman of the Judiciary Committee? White House staff insisted on calling a comprehensive public health approach Mr. HATCH. In response to my col- model. without the industry’s consent, again, league from California, it is correct. I Let me just say that I hope we could however reluctant. am a member of the Finance Commit- all agree we should not launch a huge I can go on and on. Tomorrow, I plan tee and, of course, on that committee new, multi-billion Federal program, to go into greater detail on the con- voted against the $1.50 increase at the with such far-ranging implications, on stitutional infirmities of both the manufacturers level, not because I the strength of a one-page chart. original Commerce Committee bill, would not like to punish the tobacco It is also important for me to note which everybody knew was just a vehi- companies, but because that amount is that many Wall Street analysts have cle for amendment, and the bill as now excessive and in the process will not been calling for a full explanation of amended with the managers’ amend- lead to a bill which can stop youth to- the Treasury projections for a few ment, which is just as bad as the origi- bacco use. months. Several Wall Street experts nal Commerce bill with regard to con- Mrs. FEINSTEIN. I have been trou- have participated in meetings with ad- stitutional concerns. bled by the absence of sound analytical ministration officials and Commerce So I thank the distinguished Senator from California for bringing this out. I data. I just sent my staff to the Joint Committee staff and explained their also appreciate her working with me to Tax Committee, and as of May 18, there own models and their own assumptions try to resolve these difficulties. And, as is a small report which shows the dis- so this should have been a very open my dear friend from California knows, tributional effects of S. 1415 as reported process. the original settlement on June 20 of by the Senate committee, but that is In fairness to the Treasury Depart- last year was for $368.5 billion. just the distribution of how the taxes ment, I must say that finally, late on All of us gasped for breath when we would fall on the income groups. May 12, but only after our hearing that heard that. We thought, ‘‘Why in the To the Senator’s knowledge, is there same day where two financial analysts world would the tobacco companies any sound analysis by a governmental testified—and this was 2 weeks after agree to pay $368.5 billion?’’ entity such as CRS, CBO, or Joint Tax our hearing in which Deputy Secretary The reason is because they want on the actual per-pack costs of this bill Summers testified—Treasury did pro- some limits of liability, even though out 25 years? vide our Committee with an additional they will still have abundant liability; Mr. HATCH. As the Senator knows, 11 pages of information. they want some finality to the litiga- we held extensive hearings on this For the record, I must note that this tion that they face, a predictability issue in the Judiciary Committee. The still is not everything I have asked that will allow them to make the large Treasury Department sent up Deputy them for. For example, Treasury s one- payments we envision to underwrite Secretary Larry Summers, who gave us page summary table that they insist on the new public health program we are a five-line piece of paper as the basis calling a model assumes a 23 percent trying to develop. for their analysis. When we asked him reduction in cigarette sales from 1998 And so, if we take away even the few about whether they had a model, he to 2003, based upon a semilogarithmic aspects of limited liability that are wasn’t able to respond very carefully. demand function with an initial elas- there, there is no chance at all of ever There is apparently not much of a ticity of minus 0.45. getting the tobacco companies to come model backing up the Treasury Depart- I might not know the difference be- on even a modest bill. ment’s assertions in this area. But, on tween a semilogarithmic function and I thank the distinguished Senator the other hand, we had three of the top a hole in the ground, but there are ex- from California for being willing to analysts from Wall Street who spend perts who know how to assess this in- help cosponsor the bill that we are all of their time working on tobacco- formation. These experts deserve a working on that would require $428.5 related issues trying to be able to be chance to analyze this data on some- billion in payments over 25 years, or accurate in informing their customers, thing this important. And the fact is, $60 billion more than the June 20, 1997 and they had extensive economic mod- on the evening of April 28, Treasury settlement. eling done that showed the retail cost and the White House staff said they I believe that if we can limit it to per pack of tobacco under the $1.10 bill would send over the formula for this somewhere between $400 billion and that we have before us would be some- function, that they would send it right $430 billion, and if we can include rea- where between, as I recall, $4.50 and over. sonable limited liability provisions for $5.50 per pack. And if that is so, then At this meeting, it was explained to the companies—limited liability provi- the distinguished Senator’s concerns my staff that this function gradually sions that restrict class actions but do about the black market are certainly reduced the price elasticity as the not stop individuals from suing—than I legitimate and justified. price climbed. Frankly, this makes am hopeful we can get the companies I might add that the Finance Com- sense, because you would expect that to come back on board. mittee last week did not view it as a as price goes up, there would be fewer May 20, 1998 CONGRESSIONAL RECORD — SENATE S5205 and fewer people left who are willing to here earlier, at least not in the tradi- The PRESIDING OFFICER. The Sen- pay the higher and higher prices. tional sense. It is clear that they may ator who has the floor may yield for a But the administration officials also hold tobacco stocks for their clients question. And the precedent prohibits said that in year 5, for some statistical who have purchased them, just as they statements in the guise of a question. reason, the Treasury elasticity func- hold stocks in a myriad of publicly- Mr. MCCAIN. Would the Chair repeat tion would actually increase, under the traded companies, but it is hard to that, please? Commerce bill assumptions. argue that this is ownership of those The PRESIDING OFFICER. Under So, while they are saying that as a stocks. the precedents, statements in the guise general matter the elasticity would get That was a little lengthy, but I don’t of a question are not permitted. slightly lower as price climbed, they know how else to explain it. Mr. MCCAIN. Statements in the guise were also saying that in year 5, at Mrs. FEINSTEIN. I thank the Sen- of a question are not permitted. I least, this elasticity would actually ator. I think that was an excellent ex- thank the President. I made my point. grow higher. planation, if we all understood it. I If the Senators want to continue to You can see why anyone would want don’t know a lot about logarithms. I do abuse it, that is fine. to study the underlying assumptions know about per-pack cost. And I do Mrs. FEINSTEIN. And I would make for these conclusions very carefully, know we have 5 million smokers, and my point to the Senator in return. I since elasticity of demand—that is, the almost a million juvenile smokers, in have asked no question in the guise of responsiveness of individual consump- the State of California. And I do know a statement. I believe, if you read the tion due to an increase in price—is so that by all the testimony we had in the RECORD, the RECORD will reflect that. I important to the writing of this law. Judiciary Committee, Senator HATCH, have asked a question. Our debate on the floor over the Ken- that if the price in 5 years is over $5 a Mr. MCCAIN. It is very clear what is nedy amendment calling for a price in- pack, we have a whopping black mar- going on. crease of $1.50 per pack centered on ket on our hands. Mr. HATCH. Mr. President, could I this price elasticity issue. But the for- Would you agree with that? ask the distinguished Senator from mula that was going to come right over Mr. HATCH. There is no question in California a question? Do I have the from the Treasury never came on April my mind about it. If we pass this legis- right to do that, under the parliamen- 28, as they said it would. lation the way it is currently written, tary rules here today? If she will—— At the April 30 hearing, I renewed we are going to have a black market The PRESIDING OFFICER. The Sen- this request by asking Deputy Sec- like you have never seen before. ator from California has the floor— retary Summers to provide this infor- When Canada raised its taxes so dra- Mr. HATCH. May I ask her a ques- mation with the details of the so-called matically, they found this to be the tion? Treasury model. And, as I said earlier, case. Remember the mayor of Corn- The PRESIDING OFFICER. And the the Treasury Department did finally wall, Canada—— Senator from Utah may ask her a ques- send us additional information after Mrs. FEINSTEIN. Yes. tion if she permits it. our hearing on May 12, but we are still Mr. HATCH. Who came in and testi- Mr. HATCH. I think that is what I waiting for their semilogarithmic de- fied about how they threatened him, will do, because it seems to me that mand function. his life, his family’s life, how the city some of the people around here are I have no reason to believe there is become inundated in organized crime, afraid to get the facts on this matter. anything magical about this informa- until they finally had to reduce the And I have to say that it is highly of- tion and cannot imagine why it has not size of the excise tax in order to pre- fensive to have someone come here and been provided. Certainly, it is not like vent further black marketeering? suggest that the distinguished Senator I am asking for some sensitive top-se- Remember how he told us his family from California and I are not trying to cret security information. had to be removed to a safe house? How get to the bottom of the facts, espe- We are asking for information to help ordinary citizens could not even go out cially since the facts are so complex us understand how to write properly a at night because they were afraid of here. bill that is being touted as having a random gunfire? So I will ask the distinguished Sen- $516 billion revenue impact, but in re- The distinguished Senator from Mas- ator from California, isn’t it true that ality which is probably $861 billion, ac- sachusetts also showed a chart here you are trying to get to the facts of cording to those who have developed today—— this matter? Is that right? full, detailed models with assumptions Mr. MCCAIN. Mr. President, regular Mrs. FEINSTEIN. Yes. It is true. which they are willing to make public order here. Mr. HATCH. May I also ask the Sen- in at least two open hearings. Mr. HATCH. That only went up to ator from California, are you aware of So, I have to say the testimony we 1991. the fact that we have had extensive heard from these financial analysts Mrs. FEINSTEIN. Mr. President, I testimony on this very issue before our just completely blows away the Treas- believe I asked—— Judiciary Committee? I hope this ques- ury Department testimony that was The PRESIDING OFFICER. Regular tion is fair. I hope that I will be per- given, and certainly the 1-page so- order is the Senator from California mitted to ask it, under the Senate called model that they presented to the has the floor. She has yielded for a rules. I surely hope that the manager Committee, and even the 11 additional question to Senator HATCH. of the bill will recognize we are going pages that they gave us which really Mr. HATCH. I am trying to answer to abide by the rules, if he wants to be weren’t very helpful. that question. a stickler on them. Is it not true that And I have to say I take exception Mrs. FEINSTEIN. Yes, I am asking we have had literally hours of testi- about remarks made hear earlier today the chairman—— mony on this very issue? suggesting that these financial ana- MR. MCCAIN. Further parliamentary Mrs. FEINSTEIN. Yes, it is true. And lysts had a vested interest in killing inquiry. Will the Parliamentarian de- I believe I was present at most of the the McCain legislation because it scribe the procedures here in the Sen- hearings on this subject in the Judici- would help their investors. We did, in ate called for as a result of a question, ary Committee. fact, discuss this issue with the ana- and that the Senate is not supposed to Mr. HATCH. And I would like to ask, lysts at our recent hearing. They ad- be abused by long, lengthy discussion isn’t it true that the distinguished Sen- vised the Committee, and I believe of a question. This is clearly what is ator from California heard the testi- they had no reason to mislead us, that going on. It is not in keeping with the mony of witnesses saying that if the their only vested interest was in pro- spirit of the Senate. There is another per-pack price under the Commerce bill viding accurate information to their speaker waiting to speak, and that is goes to $4.50 to $5.50 per pack, there is clients. They have both recommended why I am concerned about it. Other- going to be an extensive black market? buying and selling tobacco stocks, de- wise, I would not care. Isn’t that true? pending on the company and the time. I ask a parliamentary inquiry, to de- Mrs. FEINSTEIN. That is true. The The companies they represent do not scribe the procedures of the Senate in independent Wall Street analysts said own tobacco stocks, as was alleged this case. they believed it would happen at $3 to S5206 CONGRESSIONAL RECORD — SENATE May 20, 1998 $3.50 a pack. Mr. Myers, representing that did do that. That generated the Senator, because there has been some Tobacco-Free-Kids, testified before our market. They have made some major indication here that there is some sort committee that he believed you could arrests with large numbers of con- of a game being played in this colloquy take an additional $2 on a pack before fiscated goods to go on the black mar- between the Senator and myself. It is it would develop a black market. But ket. anything but a game being played. the figures for California really, if the Mr. HATCH. What do you think is We have seriously looked at these tax passes in June, indicate that the going to happen in California and other matters in 10 Judiciary Committee tax in this bill, plus that tax, would be States if that price is raised per pack hearings, at which the Senator from substantially above $5 within 5 years. from $2 to $4.50 or $5.50? California was in attendance. And Mr. HATCH. Is the Senator aware of Mrs. FEINSTEIN. I think if it goes these are important issues. this comment by CBO in April 1998— from $2 to $4.50 in California, with the I just ask the distinguished Senator, and I hope this is in the form of a ques- number of people addicted and the fact what are we going to do if we go tion that is acceptable to the manager that most are low income, that it cre- through all of this piling on mentality, of the bill—about black-market ciga- ates a black market. One of the con- as is embodied in this managers’ agree- rettes: cerns I have is that it becomes a real ment and many of the proposed amend- Any legislation that would rapidly raise pawn for organized criminal elements ments thereto, and, after we get to the the price of a product by a third or more that also brings on other serious reper- end of this, the bill is still constitu- would almost certainly spawn a black mar- cussions. But I don’t want the Senator tionally unsound? What happens if we ket as people attempted to evade the high from Utah, or anybody else, to mistake have 10 years of litigation and the pro- prices. Tobacco is no exception. me. I want to see us have a bill. I want gram falls apart? Isn’t that some jus- Is the Senator aware of that? to see us have a bill that is going to be tification for finding out the facts now Mrs. FEINSTEIN. That is correct. able to do the job, rather than have ad- Mr. HATCH. Is the Senator con- in order to either amend this bill or verse, unintended consequences. have a substitute amendment or other cerned about that? Mr. HATCH. I have to agree with the Mrs. FEINSTEIN. I am very con- correctional measure? Shouldn’t we Senator. And I have to say, is the Sen- cerned about it, because, again, we really get to the heart of how to de- ator aware that on May 4, 1998, testi- have 40 million smokers in the United velop a constitutionally-sound bill that mony before the Senate Democratic States, 5 million of them in California. will help reduce teen smoking and Task Force on Tobacco, Robert A. Rob- There is a huge market. There is a solve some of these other problems in inson, Director of Food and Drug, Agri- huge number of people already ad- society? Does the Senator agree with culture Issues, Resources, Community dicted, and as the price per pack, plus me? and Economic Division of the General reduction of smokers, comes into play, Accounting Office—who should surely Mrs. FEINSTEIN. That is absolutely the opportunity for a black market in- win an award for one of the longest ti- correct, I say to the Senator. Not only creases, and particularly if you begin tles in Government—said: are we not playing a game, certainly to ratchet down the addicting chemical Smuggling cigarettes from low- to high- no one in this body has asked me, rep- which is nicotine. resenting the State, what would be the It is a serious question. I am sur- tax States or interstate smuggling promi- nent in the 1970s may be a reemerging prob- impact of a bill on the largest State in prised, frankly, that people really don’t lem. Such activity is likely to occur when the Union with the most smokers by want to know more about it. I, frankly, the differences in cigarette taxes across the far in California, with the most young am surprised that there is a rush to States are significant enough to make it people. judgment. It seems to me that because profitable. Recently, many States have opted I came to this body to use my brain, of what we are doing is for 25 years, we to sharply increase their cigarette taxes, yet to try to work for my State and try to better be right. I don’t want to see in most low-tax States have not. As a result, see that whatever it is that I vote for my State a huge black market in 5 recent studies suggest that the level of inter- doesn’t have unintended consequences. years and know that I voted to help state smuggling activity may now be in- creasing. In fact, recent estimates suggest I think all the purpose of this col- make that market possible. that smuggling is responsible for States col- Mr. HATCH. Can I ask the Senator loquy is to say that there may very lectively losing hundreds of millions of dol- well be serious, unintended con- from California another question that I lars in annual tax revenues. think is relevant to her concerns? sequences, heightened by the fact that Is the Senator aware of that? we are moving so fast without any Mrs. FEINSTEIN. Absolutely. Mrs. FEINSTEIN. Yes, I am aware of Mr. HATCH. The Senator comes from major governmental analysis of the it. I am also glad that the Senator California, the largest populated State long-term, per-pack costs and what from Utah is mentioning this, because in our Nation. How many people live in those costs might do when you meas- one of the most discouraging things California? ure elasticity, diminished market de- Mrs. FEINSTEIN. Oh, probably here has been the rush to judgment, mand and a diminution of nicotine in a around 33 million today. has been the feeling of many people, regulatory order by the FDA. very well-meaning, very much wanting Mr. HATCH. Almost 34 million peo- These are very serious things. I think ple, I understand. to see legislation in place, that if you pause to consider these impacts, some- they deserve consideration, and I Mrs. FEINSTEIN. Nineteen percent thank you very much. of whom smoke. how you are un-American, somehow Mr. HATCH. Nineteen percent of you are pro-tobacco. And yet, as we Mr. HATCH. May I ask the distin- whom smoke. Is the Senator aware know, the devil is in the details with guished Senator one more question? It that one out of five packs of cigarettes all of these things. It really is the long- is this: I have sought to facilitate a sold in California happens to be contra- term effect of a bill that we need to thorough examination of public discus- band? consider carefully. sion of the Treasury model so policy- Mrs. FEINSTEIN. I believe that is That is one of the reasons I have makers can better understand why correct. Law enforcement has said been, frankly, opposed to the speed there is so much disparity between there is now a substantial black mar- with which this bill is being pushed, Wall Street and 1600 Pennsylvania Ave- ket in California. With the franchise and I think it is being pushed so that nue on critical items like the esti- tax, port authorities advise that the we don’t have this information in front mates of the retail price per pack of State loses about $20 million to $50 mil- of us, so that we don’t understand the cigarettes under the Commerce Com- lion a year in revenue now from that repercussions, so that a bill gets passed mittee bill. market. and everybody can pound their chests Is the Senator aware that we have Mr. HATCH. And that jumped up and say what a wonderful job we have heard the official estimate is that the when the State raised its tax by a few done and then, boom, in 4 years, there Commerce Committee bill will increase pennies from, I think, was it 17 cents to can be a cataclysmic event like a big the cost of a pack of cigarettes by $1.10 34 cents or something like that. black-market operation. per pack over 5 years? Many in the Mrs. FEINSTEIN. That is correct. Mr. HATCH. Let me just ask one press simply report that the price, not There was a proposition on the ballot other question of the distinguished cost, will go up by just $1.10 a pack. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5207 As I understand it, and I ask the Sen- price will reach at least $4.53 per pack lieve. And that is why I am where I am ator to help me to know if she under- if the Commerce Committee bill is with respect to this bill. Different com- stands it the same way I do, the Treas- adopted. His analysis also indicates mittees have had different testimony. I ury Department and the proponents of that the price under this bill that is on do not know whether the Finance and the Commerce Committee bill believe the floor right now could actually grow the Commerce Committees actually that when you take into account all to $5.66 per pack or higher within 5 had this testimony. We had it in the other factors, you arrive at a real price years. Is the Senator aware over that? Judiciary Committee. in year 5 of $3.19 per pack. Although it Mrs. FEINSTEIN. Yes. Mr. HATCH. The Finance Committee is not a number that many of the bill’s Mr. HATCH. Now, similarly, Gary did not hear any testimony on the to- proponents seem anxious to get into Black of Sanford C. Bernstein & Com- bacco issue; the Commerce Committee public discussion, and the press is not pany, told the Judiciary Committee on heard from Secretary Summers as well widely reporting it in nominal terms, May 12, 1998, that under the Commerce as Mr. Feldman. this is how much money you actually Committee bill the real price of ciga- Is the Senator aware that the $1.10 have to pull out of your wallet. This rettes will exceed $5 per pack in 2003. Is price that is so widely reported in the $3.19 per pack figure translates at the the Senator aware of that? media as the add-on to the current cash register price of $3.57 in the year Mrs. FEINSTEIN. Absolutely. And $1.95 or the $2-per-pack price at the 2003 under the White House and Treas- the point that you are making is really manufacturer’s level does not include a ury Department’s estimates. reflective of the point that I am trying whole wide variety of factors, like the Now, again, I ask the Senator, is the to make in a less erudite way. That wholesale markups, the retail costs, Senator aware of those facts? point is, let us take the time to have a the additional excise taxes added on by Mrs. FEINSTEIN. Actually, Senator, CRS analysis, a CBO analysis, a joint the States, litigations costs, the those are not the facts—they may be tax force on some of the figures that lookback, all factors that could be add- the facts coming out of the White we are putting forward, because these ons to the retail price under this bill? House. are figures that have been presented to So it is pretty clear that it is a lot Mr. HATCH. That is right. us in a formal way. higher than what the media are report- Mr. HATCH. I would ask the Senator Mrs. FEINSTEIN. But the facts in ing is $1.10. It is a lot higher, isn’t it, if she is aware—let me emphasize the committee. than what the White House has indi- Mr. HATCH. That is the White $4.50 to $5-per-pack prices that these cated? leading Wall Street analysts projected And I would just ask the Senator this House’s spin here. Mrs. FEINSTEIN. Yes. in testimony to the Judiciary Commit- other question: Isn’t it plausible to be- Mr. HATCH. Let me ask the Senator tee, those prices are much higher than lieve these Wall Street analysts, whose this. Does the Senator recall that in what the Treasury estimated and far very livelihoods depend on trying to ar- September the President called for, higher than the widely cited and wide- rive at correct economic projections in and the White House repeated again in ly reported $1.10-per-pack figure. Isn’t order to advise clients about whether or not to invest money, who have used February, bipartisan legislation that that correct? Mrs. FEINSTEIN. That is correct— extensive models to make those projec- raises the price of cigarettes by up to one of the reasons I do not know who tions rather than just a 5-line sheet of —and that is up to —$1.50 per pack over to believe. paper? 10 years? Does the Senator remember Mr. HATCH. So it is far higher than Mrs. FEINSTEIN. I think that is the President calling for that? the up to $1.50-per-pack increase that right. I think what has happened is Mrs. FEINSTEIN. I do. the President called for over a 10-year that we have seen a net figure applied Mr. HATCH. Given that the price of period; is that correct? as a gross figure when in fact it is just cigarettes is about $1.95 per pack Mrs. FEINSTEIN. That is correct. a beginning figure. It becomes an arbi- today, it looks like the Commerce Mr. HATCH. If these Wall Street ana- trary cost added, and then there are all Committee bill or this managers’ lysts are correct, and the Treasury es- these other costs that come on top that amendment will achieve the $1.50 price timates are off in year 5, under the are not factored in. hike 5 years ahead of schedule by the Commerce Committee bill, we may I think that is why we need a very Treasury’s own estimates. Is the Sen- reach a price increase that is twice as thorough, objective report on what ac- ator aware of that? high as what the President has called tual street prices of cigarettes will be, Mrs. FEINSTEIN. That is correct; for; that is, a $3-per-pack price increase what you get them for in your 7–11, yes. rather than a $1.50 price increase. That what you buy them for in your super- Mr. HATCH. All right. Now, Wall is certainly a far cry from the $1.10 we market, what it will be with inflated Street analysts tell us the Treasury hear so much about; isn’t that so? dollars in 5 years. numbers are off—way off, they say. Mrs. FEINSTEIN. That is correct. If we know that with specificity, They say that the actual price in- Mr. HATCH. Let me just finish this. then I think we can make some in- creases under the Commerce Commit- What is more, according to these ex- formed judgments as to whether, in tee bill will be much higher than what perts, we will reach this twice as high each of our respective States, this is Treasury is telling us. They say the level twice as fast as called for by the apt to create a black market or not apt price in real dollars will climb to be- President. I guess we should ask to create a black market. We then can tween $4.50 and $5 per pack in 5 years; whether the American public under- relate this data to the distribution and at least one indicated higher than stands that what we may actually be table that Joint Tax has done so you $5 per pack, up to over $5.50. Is the Sen- talking about under the Commerce know what portion of this falls on the ator aware of that? Committee bill is a $50-per-carton price lowest-income people versus the high- Mrs. FEINSTEIN. I am. for cigarettes. est-income people. Mr. HATCH. Martin Feldman of Now, if you are like me, and do not, Mr. HATCH. Is it not true—this will Salomon Smith Barney projects in the and will not, ever smoke, this may not be my last question—is it not true that year 2003, the Commerce Committee seem so bad, literally; but I just hope under the substitute that the distin- bill, the old bill—but the revised one is that the public health lobby does not guished Senator from California and I the same on the facts—will result in a next focus its attention on the problem are working on, that we do not base real price of $4.61 per pack. In nominal of obesity, or we may have chocolate this on a price per pack of cigarettes, terms, this means that cigarettes will ice cream at $20 a gallon, a $10 package our $428.5 billion, we base it on pay- cost $5.11 per pack. That is over $50 per of potato chips, or a $5 slice of apple ments that have to be made over 25 carton. Does the Senator remember pie, sold by prescription no doubt, if we years? that testimony? continue to follow this type of bureau- Mrs. FEINSTEIN. That is correct. Mrs. FEINSTEIN. I believe you are cratic reasoning. Is the Senator in dis- Mr. HATCH. Whether the compa- accurately reflecting the testimony. agreement with me on this? And I nies—whether they sell a lot of ciga- Mr. HATCH. David Adelman of Mor- didn’t even talk about cheeseburgers! rettes or not, they are going to have to gan Stanley Dean Witter testified on Mrs. FEINSTEIN. My point is, Sen- make those payments; isn’t that cor- April 30 that the 2003 average retail ator, I do not really know whom to be- rect? S5208 CONGRESSIONAL RECORD — SENATE May 20, 1998 Mrs. FEINSTEIN. That is correct. ing than from AIDS, suicide, alcohol rette advertising. This ad is not aimed You see, the thing that bothers me is, and drug abuse, car accidents, and fires at people my age. It certainly is not in this rush to judgment, everything is combined. Tobacco use in this country aimed at people my parent’s age. There evaluated based on the per-pack num- carries a price tag of almost $100 bil- can be no doubt it is not aimed at bers that are thrown around, based on lion a year in direct health costs and in adults at all. It is aimed at teenagers. what is a net addition that will not be lost productivity. Moreover, internal industry docu- the real street addition. So there is no Clearly, the single most effective ments indicate that tobacco companies way, with the speed this bill is moving, thing we can do to improve our Na- have long known that tobacco use to know exactly what we are going to tion’s health is to stop smoking. How- leads to addiction, serious illness, and be doing down the line. The beauty of ever, smoking rates are actually in- death. Yet, they nevertheless continue our bill, if people should be interested, creasing, particularly, and most trag- to pursue children, to target teens is that we have tried to avoid that ically, among our young people. Trag- through ads and promotional cam- problem. ically, tobacco addiction is increas- paigns, and have even gone so far as to Mr. HATCH. Mr. President, I thank ingly a teen onset disease. Ninety per- consider marketing Coca-Cola-flavored the distinguished Senator from Califor- cent of all smokers start before age 21. cigarettes. nia for answering my questions. What is especially disturbing is that A landmark 1991 study published in Parliamentary inquiry. Have these children, especially girls, are smoking the Journal of American Medical Asso- questions been in order under the rules at younger and younger ages. Smoking ciation showed that cigarette-smoking of the Senate? is at a 19-year high among high school ‘‘Smooth Joe’’ Camel was as recogniz- The PRESIDING OFFICER. The Sen- seniors and has increased by over 35 able to 6-year-olds as Mickey Mouse. ator from California has the floor. percent among 8th graders over the Let me repeat that. Joe Camel was as Mr. HATCH. I am asking the Parlia- past 7 years. recognizable to 6-year-olds as Mickey mentarian if these questions have been The statistics for my own State of Mouse. The tobacco industry claimed in order under the rules? Maine are particularly alarming. the ads were, in fact, directed at The PRESIDING OFFICER. I believe Maine has the dubious distinction of adults. A second study found that 98 they are, Senator. having the highest smoking rate percent of the 12- to 19-year-olds recog- Mr. HATCH. Well, my goodness, I am among young adults in the country. nized Joe Camel, compared to just 72 so happy to find that out. Thirty-two percent of our 18- to 30- percent of adults. As a result, Camel’s Thank you so much, Senator. year-olds are regular smokers. Almost market share among underage consum- Mrs. FEINSTEIN. I thank the Sen- 40 percent of Maine’s high school sen- ers rose from less than 1 percent when ator. It has been a pleasure for me to iors smoke. If current trends continue, the Joe Camel campaign first began, to work with him. one in nine children will die pre- 33 percent when he was finally put out Let me once again sum up, because I maturely of tobacco-related illnesses. to pasture. know the distinguished Senator from Tobacco is the leading preventable More recent studies published in Maine is waiting, and I do want to cause of death in Maine, responsible for JAMA and elsewhere add further thank the Senator from Utah for his almost 2,500 deaths a year. Direct med- weight to the mounting evidence that leadership not only of the Judiciary ical costs of treating tobacco-related advertising and marketing are the Committee but in what we have been illnesses in Maine are about $200 mil- linchpins of the tobacco industry’s ef- working on. I hope if people might be lion. Indirect costs—the costs associ- forts to hook children on nicotine. A interested they would let us know. ated with lost work time, higher insur- February 1998 JAMA study found that In the meantime, I am really not pre- ance premiums and so forth—are also the effect of tobacco advertising and pared, based on the analytical data— estimated to be about $200 million. promotional activities is ‘‘strong and and we have tried to get every single These numbers speak for themselves. specific,’’ with at least 34 percent of all piece we could—to cast a vote which The status quo is simply unacceptable. experimentation with cigarettes by has repercussions for a quarter of a If we are to put an end to this tragic teenagers attributable to those activi- century and which would have reper- and preventable epidemic, we must ac- ties. cussions on a State where 5 million celerate our efforts not only to help Moreover, a 1995 article in the Jour- people smoke and almost a million more smokers quit but also to discour- nal of the National Cancer Institute youngsters and one out of every four age young people from ever lighting up found that tobacco marketing has a high school seniors is addicted to nico- in the first place. greater influence over a teen’s decision tine. Until I have some of these an- I found one fact in a recent Maine to smoke than whether or not their swers and we know what the impact on survey of smoking habits to be particu- parents smoke or their peers smoke. the streets in Los Angeles, in San larly disturbing. The smoking rate Other studies have shown that the Francisco, in Fresno, in San Diego, is among young girls in my State has in- cigarette brands most popular with going to be 5 years, 10 years, 15 years, creased by 30 percent since 1993. I think teenagers are the ones most likely to 20 years, and 25 years hence—then we that this advertisement gives us a good advertise in magazines with the high- can cast an informed vote, and then we clue why. It is a blatant and shameless est youth readership. Moreover, unlike can go home and say we really have attempt by the tobacco industry to en- adults, the vast majority of young done something good for the people we tice young girls, to entice teenagers to smokers prefer the most heavily adver- represent. smoke. With more than 1,000 of the to- tised brands of cigarettes. I thank the Chair. I apologize and I bacco industries’ best customers dying It is also far too easy for children and thank the Senator from Maine for her every day and another 3,000 to 5,000 teens in the United States to purchase forbearance. quitting because of health concerns, cigarettes. During hearings in the I yield the floor. smokers are literally a dying breed. As Labor Committee, we heard testimony The PRESIDING OFFICER. The Sen- a consequence, the tobacco industry that children living in 99 percent of our ator from Maine is recognized. must hook thousands of new customers cities and towns have very little trou- Ms. COLLINS. Mr. President, this each day just to break even, and is now ble walking into a store and buying a week the Senate is debating far-reach- spending over $5 billion a year on ad- pack of cigarettes, despite the fact that ing landmark legislation which gives vertising and promotional campaigns. it is against the law in all 50 States to us a historic opportunity to combat The tobacco industry actually claims sell tobacco products to minors. teen smoking and in the process save that it does not target image-conscious Mr. President, during this debate, we millions of lives. young people with its advertisements have focused a great deal of attention Tobacco use is the No. 1 preventable featuring rugged Marlboro men and on the $1.10-a-pack fee that the McCain cause of death in the United States, ac- fresh-faced, model thin, ‘‘You can do bill imposes on cigarettes. Some have counting for almost half a million it’’ young women. But, Mr. President, argued today that is simply too low deaths a year and billions of dollars in the evidence clearly proves otherwise. and that an increase to $1.50 or more a health care costs. More people die each Just look again at this magazine ad. It pack is necessary if we are going to year in the United States from smok- is very typical, very typical of ciga- curb underage smoking. Others—and I May 20, 1998 CONGRESSIONAL RECORD — SENATE S5209 include myself in this group—are con- ers who are suffering from lung cancer not only through tough drunk-driving cerned that the evidence linking teen or other smoking-related diseases come laws, but also through a very effective usage and price is not conclusive. to schools would be the most effective national advertising campaign waged Moreover, I am very concerned that a means of discouraging kids from smok- by Mothers Against Drunk Driving and price increase of this magnitude is ing. It would effectively make the link others that has resulted in a change in highly regressive and will fall mainly between smoking and illness, a link our Nation’s attitudes toward drinking on adult smokers earning less than that is too often unrecognizable to and driving. This is the approach that $30,000 a year. If we were to increase teens who believe themselves to be in- we need to take to curb teen smoking. the cost by the $1.50 that was proposed, vulnerable. The legislation we are considering it would have meant that the average Teens throughout the State told me this week contains many of the public couple who smoke would be paying $712 that they smoked simply because it health provisions that were included in more a year in taxes. That is a very was ‘‘cool’’ or because it helped them the PAST Act. While the legislation hefty tax increase on low-income feel more accepted by their friends. before us tonight is not perfect and will Americans. From their comments, I have no doubt undoubtedly face many more amend- Mr. President, at some point, raising that the tobacco industry’s ads, such as ments during Senate consideration, it the tax on cigarettes ceases to contrib- the one I have displayed today, have does give us a critical opportunity to ute to the reduction of smoking and be- sent a clear message to teens that address the teen smoking epidemic in a comes little more than an act of finan- teens who smoke are cool. I also have strong and comprehensive way. cial cruelty. Tobacco is highly addict- no doubt that when teens see movie I yield the floor. ive and there are people, perhaps many idols such as Leonardo DeCaprio Mr. FAIRCLOTH. Mr. President, people, who will not be able to quit smoke, that message is, unfortunately, while we may all agree that teenagers smoking even with an additional tax of reinforced. should not be smoking, this bill goes $1.50 or more. That is why the educational, well beyond reaching that goal. There is a point at which the tend- counteradvertising, and research pro- We should all be deeply concerned ency of the U.S. Senate to play God in grams funded by this legislation, as about the ‘‘tax and spend’’ approach the lives of the American people be- well as the advertising restrictions, are that the bill takes to resolving a social comes dangerous. The notion that we so critical to our efforts to sever the problem. The bill reaches right into the can cure addictions by creating enough deadly connection between teens and pockets of hard-working low- and mid- deprivation for those who are addicted tobacco. dle-income adults who, even tobacco’s is a very arrogant one. If we are wrong, Earlier this year, I joined Senators most staunch critics acknowledge, we do nothing more than inflict suffer- JIM JEFFORDS and MIKE ENZI in intro- have every right to smoke if they so ing on those who do not deserve it. ducing the Preventing Addiction to choose. While I respect the motives of its Smoking Among Teens, or the PAST And, it takes their hard-earned dol- supporters, I could not, and did not, Act, which adopts a comprehensive ap- lars to create yet more federal pro- back an amendment that carries such a proach to preventing teens from smok- grams and to pay trial lawyers billions risk and that is not truly needed to ing. The bill gave clear and comprehen- of dollars. We’re literally grabbing fund the antismoking programs in- sive authority to the FDA to regulate money from the poorest Americans to cluded in this bill. Those of us who leg- tobacco products and incorporated the buy trial lawyers more Learjets. islate must draw lines, and recognizing FDA’s recommendations on combating To what end? There appears to be un- that I am far from infallible, I believe teen smoking, such as strong warning certainty as to whether price increases that a tax of $1.50 per pack crosses that really have the effect of getting kids to line. If our purpose is to inflict pain, it labels, a ban on vending machine sales, stop smoking or to never start in the should be on those who profit from the a ban on outdoor advertising and brand first place. addiction and not on those who suffer name sponsorship of sporting events, And what is the real motivation from it. That is why I shall vote to sup- and prohibition on the use of images here? If it were really to cut smoking, port the amendment offered by my like Joe Camel and the Marlboro man. we wouldn’t phase it in, we would drop friend and colleague from New Hamp- The legislation also held tobacco com- it right at once. But we’re not doing shire to eliminate the immunity pro- panies accountable by imposing stiff fi- tections afforded to the tobacco indus- nancial penalties if the smoking rate that because the tax-and-spenders want try by this bill. among children does not decline. the revenues. I know they’re not doing My view on the $1.50-a-pack tax pro- Moreover, the legislation incor- it for the tobacco companies. posal has been strongly reinforced by porates strong measures to ensure that We all know that this isn’t about conversations I have had in recent restrictions on youth access to tobacco smoking—it’s about money. weeks with young people in my State products are tough and enforceable, What unpopular product or industry in an attempt to find out what the true and it promoted the development of is next—now that we, our nation’s law- experts—our teenagers—believe would State and local community action pro- makers, have decided that ‘‘and justice be most effective in stopping teens grams designed not only to educate the for all’’ really doesn’t mean what it from smoking in the first place. I have public on the hazards of tobacco and says. asked this question to, among others, a addiction, but also to promote the pre- First, let’s discuss the taxes imposed seventh grader from Portland, a Boy vention and cessation of the use of to- by the bill. Lots of people are jubilant Scout troop in Dover-Foxcroft, high bacco products. We need to focus on at the prospect of this legislation pass- school students in Aroostook, and a cessation programs. They are an im- ing. The plaintiffs’ lawyers would be- teen smoker in Bangor. Significantly, portant part of this bill. come fabulously wealthy; the public none of these teens felt that a price in- It also called for a comprehensive, health community would get all of its crease would be the most effective tobacco-related research program to favorite projects generously funded; means of discouraging teens from study the nature of addiction, the ef- and, of course, the bureaucrats will get smoking. fects of nicotine on the body, and ways write volumes of new rules. As the addicted Bangor teen told me, to change behavior, particularly that The ones who won’t be so happy are ‘‘I can’t quit, so what I’ll do is cut back of children and teens. We don’t know the working class families who have on going to the movies or going to enough about addiction yet. been targeted to pay for it all. McDonald’s in order to pay for ciga- And finally, and very important, it In short, the McCain bill, through its rettes.’’ called for a national public education highly regressive tax provisions, in- Another teen told me that many stu- campaign to deglamorize the use of to- flicts enormous costs on lower- and dents get their cigarettes by stealing bacco products to discourage teens middle-income families. Let me put them from their parents, so unless from smoking. this regressivity problem in concrete their parents stopped smoking, their Mr. President, we have made tremen- terms. The increased excise tax pay- access to cigarettes will be unaffected. dous progress in recent years in mak- ments under the McCain bill are pro- Alex Pringle, a seventh grader from ing our streets safer from alcohol-im- jected to exceed $690 billion over the Portland, suggested that having smok- paired drivers. This was accomplished next 25 years. S5210 CONGRESSIONAL RECORD — SENATE May 20, 1998 Based on analyses by the Joint Com- try to purchase tobacco? Well, I sup- This study, conducted by researchers mittee on Taxation, families with in- pose, because it wouldn’t be a jackpot at the Department of Policy Analysis comes less than $30,000 a year will wind for trial lawyers and Washington bu- and Management of Cornell University up paying roughly 43 percent of these reaucrats. The fact that it might help over a period of four years, reexamined taxes. In other words, under the bill, the children is irrelevant. the relationship between price in- families earning less than $30,000 a year Mr. President, I, for one, was not creases on tobacco products and the will have to pay roughly $300 billion in elected to sock the American taxpayer likelihood that children will smoke. new taxes over the next 25 years. with more taxes. If teens are really our It analyzed the smoking habits of This amounts to more than the total target, we owe it to the taxpayer to over 14,000 children in grades 8 through income taxes that these families are first explore other non-price measures 12. To quote the study’s conclusion: expected to pay over the same period of to combat youth smoking. ‘‘the level and changes in cigarette time. At a minimum, we need to explore taxes [is] not strongly related to smok- The numbers are even more striking whether there are ways to rebate these ing onset’’ for children between 8th and if we look at families earning less than increased taxes back to the adult 12th grades. $75,000 a year. Other experts have esti- smokers who paid them—rather than In addition, this study casts doubts mated that families in this category using these regressive taxes to fund on the results of previous studies which will pay more than 83 percent of all the huge new government programs. have directly linked smoking rates tobacco excise taxes, which means that Turning to the bill’s disturbing reli- among children to price, noting that families earning less than $75,000 a year ance on new government programs, I ‘‘* * * youth who face different tax will, as a group, pay more than $570 bil- find it highly ironic that we are here rates also face different anti-smoking lion in new excise taxes as a result of debating a bill that will increase the sentiment * * *.’’ the McCain bill. size of the federal bureaucracy when The study suggests that previous re- Where are the cries about regressive this is the Congress that is supposedly search on youth smoking failed to take taxes? We’re all so used to the long committed to reducing federal govern- into account differing public percep- speeches about taxes on the poor. Or is ment bloat. tions that smokers face across the The bill takes over half a trillion dol- that argument just used for conven- country. The Cornell study attempted lars in tobacco funds to fund new social ience? This is the largest tax increase to eliminate such extraneous informa- programs or enlarge existing programs. on the poor in years—if not in all time! We also need to think long and hard tion from their results. It gets even worse. The numbers I Removing the effect of other factors, about the bill’s Orwellian approach— just cited only take into account the such as different State smoking-relat- giving the federal government more excise taxes imposed by the bill. The power to look over our shoulders re- ed legislation, allowed researchers ‘‘to reality is that the increases in the garding the personal choices we make. directly examine the impact of changes prices of tobacco products resulting I’d like to take this opportunity to in tax rates on youth smoking behav- from this bill will be substantially read into the RECORD a few excerpts ior, and our results indicate this im- greater in magnitude. This is because from recent articles, articulating these pact is small or nonexistent.’’ of the look-back payments and the in- concerns: This view is also supported by statis- creased sales taxes as well as whole- Most Americans may not like smoking, tical evidence from other countries. As saler and retailer margins that will be but that doesn’t necessarily mean they favor Martin Feldman of Salomon Smith tacked on to any excise taxes. a big-spending nanny state. Yet if President Barney has noted: It is estimated that, based on projec- Clinton and his supporters are allowed to But we all know that kids don’t stop smok- tions of the actual increases in the succeed with this tobacco pact, the same ex- ing because of the price of cigarettes. Let me prices of tobacco products, the true tortionist tactics will undoubtedly be ap- give you an example. In England, between cost over the next 25 years will be more plied to other ‘‘sins.’’ Just imagine how 1988 and 1994, cigarette prices rose in real in the range of $380 billion for families much government could ‘‘do’’ by slapping a terms, by 20 percent. In ’88, 8 percent of them health tax on Big Macs and Budweiser. earning less than $30,000 a year. it will 11 to 16-year-olds smoked. By ’94, 13 percent That’s from the Detroit News, on of them smoked, after the price increase. be more than $735 billion for families The White House will not take this into ac- earning less than $75,000 a year. April 24, 1998. I urge my colleagues to learn from count. And I don’t understand why. These are truly staggering numbers. experience. Too many times in the And, it’s not just academia that To put them in perspective, it is pro- past, Washington has raised taxes in questions whether increased prices will jected that once the new excise taxes the name of one feel-good social pro- deter kids from smoking. It is the kids under the McCain bill are fully phased gram or another. The American people themselves. Just ask the four bright, in, the annual cost to the family of a have consistently indicated that they young citizens who recently testified smoker earning less than $30,000 a year are tired of that practice. before the House Commerce Sub- will be $875. We on the Republican side of the committee on Health and Environment For a smoker’s family earning less aisle were supposedly sent here to see on March 19, 1998. than $75,000 a year, the cost on average to it that the tax and spend era of big Of the four who testified about the will be more than $950 each year. Now, government ceases to exist. I’m not so effects of price increases on youth a figure of $875 or $950 a year may not sure we’re holding up our end of the smoking, three clearly stated that sound like much to these plaintiffs’ bargain when we propose to pass legis- price increases would have no effect on lawyers who are expecting to get hun- lation along the lines of the bill we’re the number of youth smokers, and the dreds of millions of dollars. But I can debating today. fourth didn’t know what the result assure you that this money means a lot As I raised earlier in my remarks, we would be. to families trying to get by on $30,000 a appear to be forging blindly into a tax As one teenager testified, ‘‘[I]f money year, or even on $75,000 a year. and spend approach to combating were a huge issue, then kids wouldn’t If this doesn’t persuade you, let’s youth smoking, even though it is high- be buying marijuana as much. hear from the experts on Wall Street. ly speculative that higher prices will Another teenager testified: As noted by Morgan Stanley analyst, even have this desired effect. [I]f you look, it’s kind of weird how, people David Adelman: ‘‘98.5 percent of ciga- This legislation is going to result in would be willing to pay $150, $200, for shoes. rettes are legally purchased by adult a massive price increase for the entire And it’s completely outrageous; but people smokers, and therefore higher excise smoking population, including the 98 will complain about it. They’ll moan and taxes will unfairly (and regressively) percent of legal adult smokers. I think groan; but they’ll still pay. And, when it penalize adult consumers who choose it is important that my colleagues are comes to cigarettes—how much is it? Two to smoke.’’ aware of all the facts before they vote dollars a pack? So, we’re talking about hundreds of on it. We’ve heard it from the horse’s billions of dollars in new taxes to try A Cornell University study found mouth. to stop 1.5 percent of tobacco users that there is no significant correlation I closing, I know that the tobacco from illegally buying tobacco. Why not between price levels and the youth companies have become so unpopular just impose penalties on children who smoking rate. that nothing seems out of bounds. But, May 20, 1998 CONGRESSIONAL RECORD — SENATE S5211 whatever our views are about how cancer victims, families that lost loved electronic news, just as they sought to much pain to inflict upon the industry, ones years and years before their time. get around the early warning labels, let us not forget that Congress also has I saw then when I set up that senior they sought to evade the mission and an institutional responsibility. citizens legal clinic exactly what ciga- the specific requirements of the Synar We should be concerned that the rettes can do to the health and well- legislation. McCain bill will set a terrible prece- being of our citizens and the toll that So Mike Synar, HENRY WAXMAN, I, dent that will haunt us for years to they take on American families. and others worked through the 1980s to come. If we begin to use the tax code as So when I decided to seek elected of- try to rein in these tobacco companies a coercive means of social engineering, fice I said that I would put a special and improve the lives of our children. then I submit that there is no end in focus on my service in the U.S. Senate A little over 4 years ago we were at sight. in trying to improve the health care of the now well-recognized hearing with Today, smokers will be asked to pay our citizens. I said that I wanted to the tobacco CEOs who under oath ad- a huge share of their income to the fed- focus on health care issues in a mean- dressed for the first time before the eral government and tomorrow, who ingful way, because I came to feel that U.S. Congress these major public will be next? if a person doesn’t have their health health questions that the Senate has I fear the precedent of the anti-smoking care, doesn’t have well-being, then been occupied with over the last couple remedies now before Congress. What will they can’t really focus on much of any- of days. they be used for next? Perhaps fat. Excuse thing else. If they and their loved ones Mr. President, it was an extraor- me, Big Fat. As I understand it, fat, when can’t get access to decent medical care dinary hearing. It went on for more used as intended, causes heart disease, which and they are suffering, there really than 7 hours. The executives said, for actually kills more people each year than aren’t many other issues that a person example, that cigarettes were sort of smoking. And have you seen any of those like Hostess Twinkies. They said that, chocolate ads, the ones targeting children, or and a family can focus on. the adult versions, where a beautiful woman When I came to the U.S. Congress, I of course, they never ever would target caresses a nougat bar with her moist allur- said I am going to remember all those young people. And for more than 7 ing lips? Consider that there are no warnings seniors that I met at the legal clinic hours they said under oath that ciga- on boxes of high-fat cake about the hazards when I got out of law school, and I said rettes essentially were not something to our health, no restrictions on purchases of if we really are going to take strong that the U.S. Congress should be focus- bacon by people under 26 and, to my knowl- steps to improve the health of our citi- ing on. They said it is just like any edge, no lawsuits. How about a fax tax? zens, we had to take on these tobacco other health concern a person might That’s from Fred Barbash in the companies, and that we will take them have with sugar or with fat. Why is the Washington Post, April 19, 1998. on even if it was a tough fight in order U.S. Congress singling out tobacco, was Mr. President, I believe that passage to make the lives of our citizens better essentially their message over a hear- of the McCain legislation is going to when they got older. And it was just ing that lasted more than 7 hours. have a dramatic impact on the lives of that simple. Chairman WAXMAN, Mike Synar, and millions of adult smokers across the The older people that I saw in that others did, in my view, a superlative country who are going to have to bear legal program didn’t get started smok- job trying to put the key issues on the a significant price increase to purchase ing when they were 48 or 55. They got record. When it came to my initial legal tobacco products. started in their teens. They got started turn I felt that it was especially impor- It also perpetuates a tax and spend as kids when they were the age of tant to get the executives’ position on mentality that our constituents have Adam Wyden and his sister Lilly. whether nicotine was addictive. We had rejected, as well as sets us sliding down So I felt then that all other issues re- them all in front of the U.S. House of the slippery slope. And, not only do we volved around whether our citizens had Representatives, the Subcommittee on have no hard data that this is going to their health. I remember those older Health. They were under oath. So I achieve the goal of preventing kids people who came to the legal clinic in simply said I am going to go down the from smoking, we have evidence sug- Oregon. I said we are going to take row. I am going to go down the row and gesting that it won’t. steps to make their lives better, and I ask each one of these executives one Mr. WYDEN addressed the Chair. am going to make that a special focus after another whether nicotine is ad- The PRESIDING OFFICER (Mr. of my service in the Congress. dictive. So I began. BROWNBACK). The Senator from Oregon So when I was elected to the House of The first executive said nicotine was is recognized. Representatives in 1980, I was able to not an addictive substance. The second Mr. WYDEN. Mr. President, I rise to- win a position on the House Health executive said that nicotine was not night to take this opportunity to dis- Care Subcommittee, a committee that, addictive. The third one raised ques- cuss why I believe it is so important in my view, turned out some of the tions again about why anyone would that the U.S. Senate pass strong legis- most important public health legisla- possibly have reservations about this lation to protect our children from the tion in our country’s history under the issue, specifically why we would be tobacco companies that are preying on extraordinary leadership of HENRY asking whether nicotine was addictive. them. WAXMAN. I got to serve with one of the And all of the executives then under I got my real start in public service most courageous public officials who oath said for the first time that nico- in Eugene, OR, right after I got out of has ever served in the U.S. Congress, tine was not an addictive substance. law school in my twenties in Lane the late Mike Synar. They contradicted the Surgeon Gen- County in Oregon. I started a senior Against all odds, against all odds eral, who has come before health com- citizens legal clinic. I was able to get when he faced tremendous resistance in mittees in the Congress for more than almost all of the attorneys in town to his home district, the late Mike Synar 20 years, and perhaps even more impor- volunteer their time, coming to the was willing to stand up for kids, and, in tantly, they contradicted what their senior citizens center to help the older fact, wrote one of the first and the own executives were saying for more people with the varied legal problems most important public health statutes than 30 years. That, of course, came that seniors have. to protect kids against the tobacco out after the hearing took place. But At the legal clinic when I was in my companies that prey on them, the stat- what has been especially telling is twenties I saw firsthand the extraor- ute known as the Synar amendment. Of that, after that historic hearing in 1994 dinary health consequences that smok- course, the tobacco companies worked when the executives said nicotine ing has for our citizens. I saw older very hard to try to get around that be- wasn’t addictive and didn’t target kids, people come to that legal clinic in cause the Synar amendment stood for a voluminous record has been made by Lane County in Oregon racked with the proposition that we were going to various committees in the Congress emphysema. They were struggling for enforce tough laws to protect our mi- which documents and makes very clear every breath. nors at the State level. That was too that these executives, in fact, knew all I found myself, having organized this much for the tobacco companies, just along that nicotine was addictive. legal clinic to help older people, having as they sought hard to get around the There was not any question in their to console the widows and widowers of early advertising restrictions on the minds about whether it was addictive. S5212 CONGRESSIONAL RECORD — SENATE May 20, 1998 Their own documents had proved that. The reason that I bring this to the come to Members of the Senate like But yet they told the U.S. House of attention of the Senate tonight is for myself, come to the public health Representatives, the Subcommittee on just one reason. If this company is so groups, and say that we are going to Health, and myself specifically under brazen as to engage in this conduct, focus on this issue until we get it done. oath that nicotine was not addictive. having promised the American people He did not minimize how tough a job I think that moment contributed in a that they would no longer do it again, it was. All he has to do is look down significant way to our achieving a and now being watched under the scru- the row of his committee members. He chance now to pass important legisla- tiny of the Congress, what will it be has our good friend, WENDELL FORD, tion to protect our children. But there like, Mr. President and colleagues, sitting a few places away from me. It is were a number of other important when in fact the hot spotlight is turned going to be a challenge to get WENDELL issues that were brought up that day away from tobacco? This company has FORD and RON WYDEN to support a bill. before the Health Subcommittee that engaged in activity that they pledged We both did in the Senate Commerce have implications even this evening as to the American people they no longer Committee. the Senate considers this historic legis- would engage in, and they told the I commend Chairman MCCAIN at this lation. And I would like to just touch McCain committee that they are now time because we would not be on this on one of those. working off a small stockpile of geneti- floor, we would not have made as much At that hearing, it came to light that cally altered, high-nicotine tobacco progress, had he not been willing to one tobacco company, Brown & and that this product is being used in take this issue on. I say to you, Mr. Williamson, was in fact genetically al- our country and overseas. President, and to the country, we have tering nicotine in order to give it an The other reason that I bring this to come a long way. If you had told me 4 extra punch, in order to make it more the attention of the Senate, Mr. Presi- years ago, when I walked out of the addictive to children and others who dent and colleagues, is this goes right Waxman hearings, that we would now used the product. The Food and Drug to the heart of the industry’s argument be debating whether to impose fines of Administration under the leadership of that it is a new day and that they are billions of dollars on companies that do David Kessler had essentially brought pursuing a new standard with respect not meet tough targets in reducing this to light. The committee con- to corporate citizenship. Before the youth smoking, if you had told me 4 fronted the Brown & Williamson Com- years ago that we would be having a pany, and they were under oath and McCain committee, the executives debate on how to do that and impose said that they would cease utilizing came and said: We realize that what those penalties, I would have asked this high-nicotine tobacco called 1Y. happened in yesteryear was no longer you, ‘‘What are you smoking?’’ Because So this was more than 4 years ago. It acceptable. We are going to clean up I thought there would never ever be an came to light as a result of the inves- our act. We are going to make sure opportunity like that in my lifetime. tigative work done by the Food and that young people are not targeted. I think it is the impulse of all of us We have that opportunity because Drug Administration. After the Brown & Williamson Com- to say, new executives, new day; let’s JOHN MCCAIN has focused on this issue pany was caught using 1Y, this geneti- look at this anew. But when it came to and brought together a group in the cally altered, high-nicotine tobacco, light that Brown & Williamson was Senate that certainly does not agree on they said they would not do it any- again using genetically altered, high- every single issue—that has been very more. nicotine tobacco after promising the clear—but does agree on how impor- A number of things happened over American people and the Congress that tant it is to focus on this and get the the last 4 years. One of them was that they would no longer engage in the job done. I had the honor of being chosen by the practice, that is a pretty blatant con- Now, I do want to touch for just a few people of Oregon to serve in the Sen- tradiction of the claim that things additional moments on several of the ate, and I was chosen to serve in the really are different, that it is a new specific issues that have been impor- Senate January 30 of 1996. Having had day, and that tobacco companies want tant to me, and talk for a bit about the additional privilege of being named to clean up their act. why that is the case. to serve on the Senate Commerce Com- As we consider this legislation on the First, I am certain that many Mem- mittee under the outstanding leader- floor of the Senate, Mr. President and bers of the Senate have not heard ship of JOHN MCCAIN, and our ranking colleagues, the Justice Department about the accountability requirements Democrat, FRITZ HOLLINGS, I had a continues its inquiry into the use of that are in the legislation that we take chance to participate in the next round this genetically altered nicotine, and up this week. And the word ‘‘account- of important tobacco hearings under there have already been criminal pleas ability,’’ for me and most public health JOHN MCCAIN’s leadership. We held a that have been entered into. specialists, is probably the single most number of them prior to the commit- Now, having said that, and noting important word in the discussion of tee’s consideration of the legislation some of the great challenges, let me this whole subject, because in the past that is now before us. And when Sen- also talk about what I think is a sig- it has not been possible to hold the to- ator MCCAIN asked the executives—and nificant success, and I am particularly bacco companies accountable. For all a number of them, of course, are new— pleased to have an opportunity to do it of the past legislative efforts designed to come before the Senate Commerce while Chairman MCCAIN is here and on to rein them in—the Synar amend- Committee, I asked Brown & the floor of the Senate. ment, the early warning labels, the re- Williamson what was the current sta- Mr. President and Chairman MCCAIN, strictions on electronic advertising— tus of the use of 1Y genetically altered, I will tell you that when I left the Wax- the industry would use their marketing high-nicotine tobacco. man hearings in 1994, walking out of and entrepreneurial talent and would The reason I asked the question is that hearing room with the late Mike find a way around them. So when we that I had read news reports that this Synar, I told him that I was not con- focused on enforcement issues in the special, genetically altered, high-nico- vinced that we would make real head- committee, I began to discuss with tine tobacco was in fact still being used way in this fight to protect our chil- Chairman MCCAIN and the bipartisan by the Brown & Williamson Company dren in our lifetime. I said to Mike leadership of the Senate Commerce even though the company had said Synar, ‘‘We are going to be up against Committee how we could assure our under oath that it would no longer use all of the odds. We are going to be up children and future generations that this genetically altered, high-nicotine against a lobbyist tidal wave. I am not there would be an ongoing watchdog tobacco. And in fact at that important sure we are ever going to do it in our who would scrutinize the practices of hearing chaired by our leader on the lifetime.’’ the tobacco companies when they in- committee, JOHN MCCAIN, Brown & We lost the late Mike Synar years be- evitably try to get around the new law Williamson said in fact that they are fore his time, but a lot of us said that that I hope this Congress passes and now working off a small stockpile of we are going to continue that work. that I know President Clinton will genetically altered nicotine. There is And we have the opportunity to do it sign. already a criminal investigation under- because Chairman MCCAIN was coura- The tobacco companies, once again, way. geous enough to take on this issue, when we get a new law, will put their May 20, 1998 CONGRESSIONAL RECORD — SENATE S5213 entrepreneurial and marketing talent these tobacco companies have targeted talent that so many powerful interest to the task of getting around it. They our minority communities. In addition groups have. will have scores of slick strategies to to the support for the State plans for I will say that if we don’t speak for employ to try to get around these pro- smoking cessation and prevention, the those children all over the world on our tections. With the accountability re- Office of Minority Health will be rep- watch—the Presiding Officer of the quirements in this legislation, we will resented on the accountability panel. Senate and I are about the same age, I have an ongoing watchdog who will be In my view, this is a significant win for am a little older, I resent that, but a in a position to let us know when the the cause of minority health. little older—but on our watch, millions tobacco companies start trying to We are going to have much to do as of youngsters around the world will get evade an important new public health we consider these questions through sick during our lifetime and die need- law, as they have done every single the rest of the debate in the U.S. Sen- lessly. I know that the Presiding Offi- time for decades. ate and in the House. I am particularly cer and all our colleagues don’t want to With the accountability require- troubled about the prospect that some see that. That is why I think it is so ments, public health officials, the Sur- of the focus on improving the health of important that we pass the provisions geon General, the Director of the Cen- our minority citizens, and specifically in this legislation that will protect ters for Disease Control, and the Office seeing a reduction in smoking among youngsters around the world when the of Minority Health, will be involved in minority youngsters, will get lost if tobacco companies target them. looking at company-specific behavior the final judgment by the Congress on Make no mistake about it, that is the to determine whether a company is this issue is to create a State block game plan. The game plan for the to- trying to evade the requirements of grant approach. I don’t want to see this bacco companies is consumption is this law. They will be able to rec- issue, which has been neglected for so going down here—it is well docu- ommend at any time that a company long, lost in some sort of amorphous mented—and it is going up at a stag- that seeks to evade the strictures of block grant where, once again, the geringly high level around the world. this statute ought to have any liability health needs of minority youngsters The evidence shows, for example, that protection they have pulled. Tobacco and minority communities get lost. So for every smoker who quits in the companies clearly have not been there are going to be a number of Mem- United States, two start in China. straight with the Congress. All their bers of the U.S. Senate who care about There are countries around the world documents that came out after the 1994 this issue, particularly Senators JEF- that actually are in support of compa- hearings that contradicted what the FORDS and HARKIN, and I am looking nies that sponsor contests to see how executive said under oath in 1994 have forward to working with them to many cigarettes a youngster can made it very clear to me the single strengthen the minority provisions, smoke at one time. If we don’t take the most important word in this debate— minority health provisions of this leg- steps to protect these youngsters the single most intellectually honest islation. I know that Congressman around the world who are envisaged in word in this debate—is ‘‘accountabil- BENNIE THOMPSON is going to bring his the McCain legislation before us, we ity.’’ I, again, thank Chairman MCCAIN talents and energy to doing that as the will have the bizarre situation where a and his staff. They were under a lot of House considers the bill as well. tobacco company in the United States pressure from powerful interests to es- Finally, there is one last issue I won’t be able to slap a decal on some sentially strip out these accountability would like to raise. I have been talking car or something that is utilized at a requirements. Once again, Chairman tonight about the needs of youngsters sporting event, but that same company MCCAIN hung in there for the public in the United States. I represent the will be able to participate in these con- health, and I want to tell him how people of Oregon. I have the privilege tests around the world to see how much I appreciate that. of representing them, serving with my many cigarettes a youngster can There are two other issues I would colleague, Senator GORDON SMITH who, smoke. like to touch on briefly, with the first in my view, has been a very strong being the issue of the health care of voice for protecting youngsters in this I don’t think we ought to have that our minority citizens and those in com- debate. I appreciate that very much. kind of double standard where we say munities inhabited by many minority We are both very proud to represent we are going to protect kids here but Americans. For years, again as has Oregon, and to work to improve the we are really not much interested come out in documents since the 1994 health of youngsters all across this around the world. I know that this is hearings, the tobacco companies have country. an issue that a lot of Members are not shamelessly targeted these minority But I come tonight, as well, to talk familiar with, but we are going to take youngsters and minority communities about an issue that I think ought to the time over the next few days and, in to sell their products. I think it is strike at our moral conscience, and the days ahead, to make sure that they critically important now that in this that is, as I have said, to say that it is are, because I think those kids count, legislation there be resources specifi- critically important that we protect too. cally targeted to these minority com- kids in Bend, OR, across the country, The legislation before us today is not munities and to minority youngsters in Bangor, ME, and communities in be- all that I would want, and it is not all who are preyed upon by the tobacco in- tween. But it is also critically impor- that Senator DURBIN and Senator dustry. This legislation provides a first tant to protect kids in Bangladesh and WELLSTONE and Senator HARKIN and step toward addressing the health con- Bangkok, because a child is a child is a many others who have been interested cerns of minorities by assuring that all child. And I hope—it is my fervent in this issue would want either. We of the State efforts for smoking ces- hope—that when this bill heads to the really had our ideal plan and consider- sation and prevention include minority President of the United States, that we ation in the Senate Commerce Com- populations, and that services can be will have put in place extremely strong mittee. Chairman MCCAIN was straight made available through community- health protections for youngsters and realistic with us. We knew that we based organizations. across the world. couldn’t win that kind of package on In the Congressional Black Caucus, Let us not say on our watch that to the floor of the U.S. Senate, so we for example, Congressman BENNIE pay for a settlement, a tobacco settle- vowed that we were going to lay a THOMPSON has done a yeoman’s job in ment in the United States, the children foundation to protect the health of terms of trying to focus both the other around the world lost their health. Let youngsters around the world, as well as body and the U.S. Senate on this issue. us not sacrifice the lungs of youngsters youngsters here, and that is what we I know they have talked about this around the world to pay for a settle- have done in this legislation. with Chairman MCCAIN. This issue is ment here. Let’s protect kids in the It wouldn’t be my first choice, but to not one that we are going to allow to United States. That is what we have a tell you the truth, Senator HOLLINGS, be swept under the rug. It is not right sworn obligation to do. But let us not who very graciously worked with us es- to see so many minority youngsters forget youngsters around the world sentially nonstop over the weekend, get involved with tobacco at an early who don’t have lobbyists, who don’t wouldn’t think it is his first choice ei- age, and it is unconscionable the way have lawyers and the great array of ther. But that is what the legislative S5214 CONGRESSIONAL RECORD — SENATE May 20, 1998 process is all about. What this legisla- an important educational innovation I will tell you, all of our colleagues tion does with respect to kids around that really does reach kids—for exam- who I have heard have been asking im- the world is very, very important. ple, some of the counteradvertising portant questions. But as we ask those Make no mistake about it, it is a that is already showing real promise in important questions, let us not lose strong beginning at laying out a global deterring youth smoking—we want to sight of the end game here, which is to policy to protect kids around the make sure that this kind of informa- protect kids. world. It essentially does three things. tion is easily shared with the global We have a President who is willing to First, for all time—for all time—it network of public health specialists. take on the tobacco lobbies. That is a gets the Federal Government out of the This isn’t going to be sort of sock the major reason we have come thus far. business, through the U.S. Trade Rep- Government. This is to make sure that We have a chairman of the Senate resentative and other agencies, of pro- kids around the world don’t get sick. If Commerce Committee who has reached moting the sale of tobacco overseas. we can prevent those illnesses, those across both sides of the aisle to try to For the first time, the U.S. Trade Rep- countries will be able to avoid some of fashion a strong bill. We have public resentative will be directed to consult the much larger medical bills which health groups all over this country who with the Department of Health and often, as our colleagues know—particu- have made the case with their volun- Human Services concerning any trade larly the Presiding Officer of the Sen- teers, with their physicians, with their actions related to tobacco. The U.S. ate because of his role in foreign af- nurses, with all of the individuals who Trade Representative will not be act- fairs—and avoid coming to our Govern- participate in these superb organiza- ing in a vacuum. They are required to ment to ask for support to deal with it. tions that now is the time, now is the let the Congress of the United States So again, if we can prevent these ill- time to act. And that means passing a know when tobacco companies ap- nesses among young people, particu- bill in this Senate. proach them on these matters. I think larly as it relates to tobacco, my sense It is not going to be the perfect bill. it is fair to say that with respect to the is that the Presiding Officer of the Sen- It is not going to be what any of us role of the U.S. Trade Representative ate will see fewer demands for help would like in an ideal world. That is and the Federal agencies that are with much greater medical bills which why I said there are a number of as- charged with leading the international will come about as youngsters get pects of the export provisions that I trade effort, that never again, as a hooked and addicted to tobacco. was very bothered to see disappear. Finally, the bill sets up a system to matter of Federal law, will we have Senator HOLLINGS has concerns about combat smuggling, and in much the them promoting the sale of tobacco what is in there—that is the process of same way the Federal Government overseas. fashioning legislation—but we were today enforces the law against the Second, for the first time, we will re- able to make a strong start at protect- smuggling of alcohol. And in regard to quire that U.S. health warnings on cig- ing our kids. And if the Senate passes the smuggling provisions, I particu- arette packs for exports are carried in this bill, and does it in a timely way, larly want to commend the Senator a specific way. In effect, we are making we can make a difference for kids here from New Jersey, Senator LAUTENBERG, it clear that the kind of warning labels, and around the world. who has long been involved in this health-specific, that we have in the But I say, Mr. President, and col- issue. United States have to apply overseas. The tobacco companies, as a number leagues—and I will conclude with If the other governments around the of our colleagues already noted to me, this—the clock is ticking. It is not ex- world choose to put another warning do not want these provisions in this actly an atomic secret that there are on, it has to be substantially similar— legislation. They do not want these not many days left in the session. And substantially similar—in terms of the provisions to ruin their business plans delay is the best friend that the advo- warning provided to our citizens. to target kids overseas. That is what cates of the status quo could possibly It would not be right, as our col- the game plan is all about, Mr. Presi- have. Delay is the very best friend of league DICK DURBIN has said, to let dent, and colleagues. It is about rec- the tobacco lobbies that want to en- them off by putting on a warning, ognizing that consumption is going gage in business as usual. Delay is a ‘‘Well, cigarettes may cause bad down in our country and skyrocketing perfect opportunity for all of those who breath,’’ or, as some have seen in other around the world. With the export pro- say, ‘‘Tobacco company profits ought parts of the world, ‘‘Cigarette smoking visions, through removing the U.S. to come before the health of kids, that, may be inconvenient to your neigh- Trade Representative and Federal offi- well, we just have to study this longer. bor.’’ That won’t do. cials from the business of promoting We don’t know all the facts.’’ Around the world, as a result of the tobacco permanently, through the I say, Mr. President, and colleagues, legislation incorporated into the warning labels, through the funds to that we will have a chance all the way McCain bill that we are considering participate in educational efforts, we through this process, through the now on the floor of the U.S. Senate, the make a very strong start to protect amendments on the floor, and the warning that is health specific used in kids around the world. And I again House considers its legislation and our country will have to be used thank Chairman MCCAIN for his help. passes it, as we go to conference, we around the world by regulation unless Mr. President, I want to wrap up with will have a chance to learn more, to re- it is substantially similar. Those labels one last point. fine this legislation and to improve it. will make it clear that smoking is I think I am the only Member of the That is what we did through the many harmful, and they will be scientifically U.S. Congress on either side who had hearings that were held in the Senate based. the privilege in the last few years to Commerce Committee. That is what The administration is charged with participate in historic hearings in both has happened through the work done finding the most effective compliance of the Commerce Committees. I had by the Labor Committee, the Judiciary mechanism and assuring that the la- the honor of serving on HENRY WAX- Committee, with so many of our col- bels are in the language of the country MAN’s subcommittee as a Member of leagues on both sides of the aisle. But of destination. That is extremely im- the other body and I am now honored let us not miss this opportunity to pass portant and something long sought by to have the chance to serve with JOHN this legislation. We have to do it soon. the public health groups. MCCAIN, who has done so much to bring The clock is ticking. Finally—I guess our colleague from this bill to the floor tonight. Mr. President, this bill will be good Missouri, Senator ASHCROFT, took par- I will say that I think we have a for our children. More importantly, it ticular issue with this—this for the once-in-a-lifetime opportunity to pro- will be good for our children’s children. first time puts resources into the effort tect kids. That is what this is all It is my fervent hope that this Senate to work in an educational fashion about. At the end of the day, it is not passes this legislation, and does so in around the globe. Several hundred mil- about all these arcane and technical an expeditious way. lion dollars is devoted to our participa- questions that we are debating on the Mr. President, I yield the floor. tion in these global kinds of health ef- floor of the Senate. That is not to say Mr. MCCAIN addressed the Chair. forts which are critically important, those questions are unimportant. They The PRESIDING OFFICER. The Sen- because if, for example, we learn about are. They are very important. ator from the great State of Arizona. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5215

Mr. MCCAIN. Before my colleague RETIREMENT OF STUART One year ago, May 19, 1997, the fed- from Oregon leaves the floor, I express BALDERSON eral debt stood at $5,344,451,000,000 to him, first of all, my appreciation for Mr. LOTT. Mr. President, this (Five trillion, three hundred forty-four his kind remarks, which I do not de- evening, a number of us will be gather- billion, four hundred fifty-one million). serve. Second of all, I thank him for all ing together to honor Stuart Balderson Five years ago, May 19, 1993, the fed- the work that he has done on this leg- who recently retired from the United eral debt stood at $4,285,943,000,000 islation. Without him and his incred- States Senate after nearly four decades (Four trillion, two hundred eighty-five ibly active participation in this effort, of exemplary service. I would like to billion, nine hundred forty-three mil- we would not have been able to reach take just a few moments to thank Stu- lion). the goal of getting a bill through the art and to wish him well as he begins Ten years ago, May 19, 1988, the fed- Commerce Committee and now to the the next chapter of his life. eral debt stood at $2,523,047,000,000 (Two floor of the Senate. On May 23, 1960, Stuart Balderson, a trillion, five hundred twenty-three bil- But most importantly, I thank the twenty-two year old fresh out of the lion, forty-seven million). Senator from Oregon because he was Navy, came to work in the United Fifteen years ago, May 19, 1983, the involved in this issue very long before States Senate. At that time, Lyndon federal debt stood at $1,265,692,000,000 I or most of the Members of this body Johnson was the Majority Leader and (One trillion, two hundred sixty-five were involved. He and former Congress- Dwight D. Eisenhower was in the White billion, six hundred ninety-two mil- man Synar embarked on this effort House. Stuart was brought on board by lion) which reflects a debt increase of long ago. And sometimes we have a Secretary of the Senate ‘‘Skeeter’’ more than $4 trillion— reputation, which is well deserved as Johnston and assigned a position in the $4,235,744,319,981.88 (Four trillion, two politicians, of butterflying from one Senate Finance Office. Over the course hundred thirty-five billion, seven hun- issue to the other and forgetting the of the next 38 years, Stuart worked in dred forty-four million, three hundred one of yesterday for the one of today every department of that office, includ- nineteen thousand, nine hundred and tomorrow. ing payroll, accounting, retirement and eighty-one dollars and eighty-eight Senator WYDEN does not take that benefits, and legislative budgeting. In cents) during the past 15 years. approach on any issue, but on this 1980, he assumed its top position, Fi- f issue he has been steadfast. He has nancial Clerk of the United States Sen- JIMMY STEWART—AND WHY HE’S been courageous. And, very frankly, he ate, and served in that capacity for the REMEMBERED BY SO MANY has been criticized from time to time, next 18 years. when the mood of the country was not Over the past 38 years, Stuart has Mr. HELMS. Mr. President, when as it is today. There was a time when seen a lot of history on Capitol Hill. To Jimmy Stewart died last July, less we did not know all of the details give you an idea of how much things than a year shy of his 90th birthday, about the tobacco companies having have changed, when Stuart began which would have been today, millions deceived the American people. There working in the Senate, the Capitol of Americans of all ages felt they had was a time when the tobacco lobby, we Building was still using direct current lost a dear friend. They had grown up all know, had a much greater influence from its own generators. You needed to with great films such as ‘‘It’s a Won- on both sides of the Capitol than today. use an AC adaptor if you wanted to derful Life,’’ ‘‘Harvey,’’ ‘‘The Philadel- It was during those times that Senator plug in any electrical equipment, but phia Story,’’ and the one that’s prob- WYDEN carried the torch for the chil- there wasn’t much electrical equip- ably many Americans’ personal favor- dren of America. ment to plug in. In those days, ‘‘com- ite, ‘‘Mr. Smith Goes to Washington.’’ I will always be grateful to him. And puters’’ referred to the people who cal- I was fortunate to get to work with history will record that Senator WYDEN culated the numbers rather than to Mr. Stewart during the 1970s when we was a key and vital player in that ef- any machines they used. Stuart’s pred- were on the campaign trail across fort. So I extend my gratitude to Sen- ecessor, Bill Ridgely, used to call those North Carolina. Dot and I will never ator WYDEN and remind him that we the ‘‘Bob Cratchitt’’ days of the Dis- forget travelling with him introducing have a great deal yet to do. I know I bursing Office, when the Senate’s book- him to the citizens who felt that they can count on him to do it. keepers, like Bob Cratchitt in Dickens’ already knew him. EXPLANATION OF VOTE A Christmas Carol, wore green visors Perhaps what I like most about ‘‘Mr. Mrs. BOXER. Mr. President, I wish to and armbands and sat on high stools. Smith Goes to Washington’’ is the inform the Senate of the reason I voted A lot has changed since then. The manner in which Jimmy Stewart and ‘‘present’’ on the Faircloth amendment number of Senate employees relying on director Frank Capra captured the related to attorneys’ fees in tobacco the Senate Finance Office to handle timeless principles outlined in the Dec- litigation. their paychecks has more than dou- laration of Independence. In describing I abstained on this vote because my bled. Total Senate expenditures have the them of the picture, Capra said: husband’s law firm is co-counsel in sev- risen from $25.9 million in 1960 to $583.3 ‘‘The more uncertain are the people of eral lawsuits against tobacco compa- million in 1997. In many ways, Stuart the world, the more their hard-won nies filed in California state court by grew with the Senate, but the two freedoms are scattered and lost in the health and welfare trust funds. things that always remained constant winds of change, the more they need a The Ethics Committee has advised were his dedication to this institution ringing statement of America’s demo- me that voting on an amendment such and the financial integrity he brought cratic ideals.’’ as this ‘‘would not pose an actual con- to the job. Jimmy Stewart, Mr. President, in a flict of interest’’ under the Senate Code I know I speak for many other mem- sense was playing a character modeled of Conduct. bers and staff, past and present, when I after Abe Lincoln. According to Capra, However, I decided that this vote say that we will miss Stuart. We com- Jefferson Smith was ‘‘tailored to the could create the appearance of a con- mend him for his long and outstanding rail-splitter’s simplicity, compassion, flict of interest and therefore I ab- service and we wish him well as he re- ideals, humor and unswerving moral stained by voting ‘‘present.’’ tires. courage under pressure.’’ f f A year ago, on the occasion of Jimmy Stewart’s eighty-ninth birthday, John MORNING BUSINESS THE VERY BAD DEBT BOXSCORE Meroney of Advance, N.C., wrote a Wall Mr. MCCAIN. Mr. President, I ask Mr. HELMS. Mr. President, at the Street Journal essay, ‘‘A Hero Larger unanimous consent that there now be a close of business yesterday, Tuesday, Than Those He Portrayed,’’ celebrating period for the transaction of routine May 19, 1998, the federal debt stood at Jimmy Stewart’s life and career. I morning business with Senators per- $5,501,436,319,981.88 (Five trillion, five learned about John Meroney when he mitted to speak for up to 10 minutes hundred one billion, four hundred thir- was a student at Wake Forest Univer- each. ty-six million, three hundred nineteen sity. I am persuaded the reason Jimmy The PRESIDING OFFICER. Without thousand, nine hundred eighty-one dol- Stewart appeals to John and other objection, it is so ordered. lars and eighty-eight cents). young people isn’t simply because Mr. S5216 CONGRESSIONAL RECORD — SENATE May 20, 1998 Stewart made some of the greatest pic- spontaneously erupted with standing ova- sadly, when he told me: ‘‘They don’t make tures of all-time. I believe, Mr. Presi- tions during Stewart’s scene at the Lincoln them like that anymore. Hollywood misses dent, that it’s the contrast between Memorial. Observed one reporter: ‘‘It was as them already, I’ll tell you that.’’÷ Jimmy Stewart and so many of those though the joys, suffering, love and hatred, the hopes and wishes of an entire people who f who live and work in Hollywood today. value freedom above everything, found ex- It’s hard to imagine anyone out there pression for the very last time.’’ capturing America’s heart the way Like some of his roles, Jimmy Stewart’s REPORT OF THE DISAPPROVAL OF Jimmy Stewart did, and via his count- life also symbolizes the American dream. THE DISTRICT OF COLUMBIA less films, still does. It’s as John Born near the Allegheny mountains in the STUDENT OPPORTUNITY SCHOL- Meroney put it, it isn’t because Jimmy coal mining town of Indiana, Pa., he was ARSHIP ACT OF 1998—MESSAGE played great characters. It’s because of raised by parents who instilled in him values FROM THE PRESIDENT—PM 128 Hollywood couldn’t corrupt. His father ran the way Jimmy Stewart lived his life. the local hardware store, which was, for Mr. The PRESIDING OFFICER laid be- So, Mr. President, in commemoration Stewart, ‘‘the center of the universe.’’ When fore the Senate the following message of the birthday of an American origi- he won the Best Actor Oscar for ‘‘The Phila- from the President of the United nal, James Maitland Stewart, I ask delphia Story’’ in 1941, he remembers, ‘‘It States; which was ordered to lie on the unanimous consent that the text of Mr. was 3:45 [a.m.] when I got home and the table: Meroney’s column be printed in the phone rang. It was my father: ‘I hear on the RECORD. radio they gave you a prize or something. To the Senate of the United States: There being no objection, the column What is it, a plaque or a statue?’ I told him I am returning herewith without my it was a sort of a statue. He said, ‘Well, send was ordered to be printed in the it home to me and I’ll put in the hardware approval S. 1502, the ‘‘District of Co- RECORD, as follows: store window.’ So the next day, I got it, lumbia Student Opportunity Scholar- [From the Wall Street Journal, May 20, 1997] packed it up, and sent it. It was there for 20 ship Act of 1998.’’ A HERO LARGER THAN THOSE HE PORTRAYED years.’’ If we are to prepare our children for (By John Meroney) Drafted in 1941—‘‘I keep saying that’s the the 21st Century by providing them only lottery I ever won’’—Mr. Stewart be- with the best education in the world, Beverly Hills, Calif.—James Stewart turns came the commander of an Eighth Air Force 89 today, and he will mark his birthday in a squadron, and a genuine war hero. After fly- we must strengthen our public schools, fitting manner—quietly at home, without ing some 25 missions over enemy territory not abandon them. My agenda for ac- the trappings of celebrity that he has avoid- with a copy of Psalm 91 that his father gave complishing this includes raising aca- ed his entire life. It’s also fitting that a man him in his pocket, he returned to Hollywood demic standards; strengthening ac- whose movies celebrate middle American in 1945 as Col. Stewart, and was promptly countability; providing more public values has lived in the same, rather plain decorated with the Air Medal and Distin- school choice, including public charter Tudor-style house on a block absent the typ- guished Flying Cross. Active in the reserves ical L.A. glitz for almost 50 years. schools; and providing additional help until 1968, Jimmy Stewart retired with the to students who need it through tutors, Mr. Stewart is not just one of the greatest rank of brigadier general. Of his combat ex- American movie actors of all time, he’s also perience, and the horrors of war, Gen. Stew- mentors, and after-school programs. probably the last cultural icon from his gen- art once said, ‘‘Everybody was scared. You My education agenda also calls for re- eration. Although it helps, working with di- just had to handle that. I prayed a lot.’’ ducing class size, modernizing our rectors like Ford, Wilder, DeMille and Hitch- During the 1940s and 1950s, while making schools and linking them to the Inter- cock doesn’t necessarily bring such exalted such popular films as ‘‘It’s a Wonderful net, making our schools safe by remov- status. Nor does having your face projected Life,’’ ‘‘Rear Window’’ and ‘‘Harvey,’’ Mr. 50 feet tall on movie screens for four decades. ing guns drugs, and instilling greater Stewart found that his traditional conserv- discipline. Many others have been that fortunate, yet ative political beliefs were becoming increas- are now forgotten. The parts you play, the ingly unpopular among his colleagues. Hear- This bill would create a program of message you carry, the life you live—that’s ings by the House Un-American Activities federally funded vouchers that would what gives audiences what Mr. Stewart calls Committee and its foray into Hollywood divert critical Federal resources to pri- the ‘‘little tiny pieces of time that they proved troublesome for Mr. Stewart because vate schools instead of investing in never forget.’’ of his staunch anticommunism. It tested his fundamental improvements in public It was the director Frank Capra, an Italian long friendship with Henry Fonda, an out- immigrant who had a love affair with Amer- schools. The voucher program estab- spoken liberal critical of HUAC. But Mr. lished by S. 1502 would pay for a few se- ica, who gave Mr. Stewart the roles that Fonda couldn’t resist his friend’s intrinsic stand out as eloquent and intelligent cele- decency, and they agreed not to discuss poli- lected students to attend private brations of American ideals and principles. tics to preserve their friendship. Mr. Fonda schools, with little or no public ac- Perhaps the best of these was found in also understood that Mr. Stewart’s beliefs countability for how those funds are Capra’s 1939 feature ‘‘Mr. Smith Goes to had not come cheap. Unlike many families used, and would draw resources and at- Washington,’’ in which Mr. Stewart played here who have escaped making the sacrifices tention away from the essential work Jefferson Smith, an idealistic young man that freedom often demands, the Stewarts who becomes a U.S. senator only to have his of reforming the public schools that lost a son in Vietnam when their oldest was serve the overwhelming majority of the hopes shattered when he discovers that his killed in 1969. political heroes are dishonest. In a town The authenticity in Jimmy Stewart’s per- District’s students. In short, S. 1502 where politics is a serious game, he’s told, sonal life, so evident in his film career, would do nothing to improve public players have to check their ideals at the seems to be a rarity in Hollywood. ‘‘There education in the District of Columbia. door. When he challenges this orthodoxy, was something so totally real in his own The bill won’t hire one new teacher, Smith learns lessons the likes of which Rob- way,’’ Kim Novak, his co-star in ‘‘Vertigo,’’ purchase one more computer, or open ert Bork and Clarence Thomas could appre- told me. ‘‘How often can you find somebody one after-school program. ciate. But in the end, Smith triumphs, jus- who’s spent his whole life in Hollywood but Although I appreciate the interest of tice prevails, and a political machine is de- represents so much of America?’’ stroyed. Director Ron Howard acted with Mr. Stew- the Congress in the educational needs The establishment wasn’t amused. Halfway art in ‘‘The Shootist,’’ a 1976 film that of the children in our Nation’s Capital, through the Constitution Hall premiere, sen- teamed them with the Duke. ‘‘John Wayne this bill is fundamentally misguided ators and congressmen began walking out. was sort of a mythological figure,’’ says Mr. and a disservice to those children. Members of the press corps, portrayed as Howard. ‘‘Stewart wasn’t aspiring to that. The way to improve education for all elite snobs with their own agendas, were out- He was a character for us to relate to.’’ our children is to increase standards, raged. The Senate majority leader, Alben W. The way Jimmy Stewart has lived his 89 Barkley, called the movie a ‘‘grotesque dis- years is an example today’s celebrities—and accountability, and choice within the tortion, as grotesque as anything I have ever every American, for that matter—would do public schools. I urge the Congress to seen.’’ Ambassador Joe Kennedy wired Co- well to emulate. When asked in a documen- send me legislation I have proposed to lumbia Pictures President Harry Cohn from tary on his life how he wanted to be remem- reduce class size, modernize our London and pleaded with him to block the bered, Mr. Stewart answered: ‘‘A guy who be- schools, end social promotions, raise European distribution, fearful it would be lieved in hard work, and decent values, love academic standards for all students, used as propaganda by the Axis powers. of country, love of family, love of commu- and hold school systems, schools, and Moviegoers in America and abroad saw nity, love of God.’’ ‘‘Mr. Smith’’ differently. In France, it was George C. Scott, Mr. Stewart’s co-star in staff accountable for results. the last English-language film to be shown ‘‘Anatomy of a Murder,’’ and now one of his WILLIAM J. CLINTON. before the Nazi ban in 1942. Audiences there neighbors here, summed it up best, albeit THE WHITE HOUSE, May 20, 1998. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5217 MESSAGES FROM THE HOUSE Fund, and for other purposes; to the Com- (The above nominations were re- mittee on Energy and Natural Resources. At 12:23 p.m., a message from the ported with the recommendation that H.R. 2202. An act to amend the Public they be confirmed, subject to the nomi- House of Representatives, delivered by Health Service Act to revise and extend the Ms. Goetz, one of its reading clerks, an- bone marrow donor program, and for other nees’ commitment to respond to re- nounced that the House agrees to the purposes; to the Committee on Labor and quests to appear and testify before any Senate amendment to House amend- Human Resources. duly constituted committee of the Sen- ment to Senate amendment to the bill H.R. 2556. An act to reauthorize the North ate.) (H.R. 2472) to extend certain programs American Wetlands Conservation Act and f the Partnerships for Wildlife Act; to the under the Energy Policy and Conserva- Committee on Environment and Public INTRODUCTION OF BILLS AND tion Act. Works. JOINT RESOLUTIONS The message also announced that the H.R. 2652. An act to amend title 17, United House has agreed to the following con- States Code, to prevent the misappropriation The following bills and joint resolu- current resolution, in which it requests of collections of information; to the Commit- tions were introduced, read the first the concurrence of the Senate: tee on the Judiciary. and second time by unanimous con- H.R. 3039. An act to amend title 38, United H. Con. Res. 171. Concurrent resolution de- sent, and referred as indicated: States Code, to authorize the Secretary of claring the city of Roanoke, Virginia, to be By Mr. ALLARD (for himself and Mr. Veterans Affairs to guarantee loans to pro- the official site of the National Emergency CHAFEE): vide multifamily transitional housing for Medical Services Memorial Service. S. 2094. A bill to amend the Fish and Wild- homeless veterans, and for other purposes; to life Improvement Act of 1978 to enable the The message further announced that the Committee on Veterans Affairs. Secretary of the Interior to more effectively the House has passed the following H.R. 3603. An act to authorize major medi- use the proceeds of sales of certain items; to bills, in which it requests the concur- cal facility projects and major medical facil- the Committee on Environment and Public ity leases for the Department of Veterans Af- rence of the Senate: Works. fairs for fiscal year 1999, and for other pur- H.R. 512, An act to establish requirements By Mr. CHAFEE (for himself, Mr. poses; to the Committee on Veterans’ Af- relating to the designation of new units of KEMPTHORNE, Mr. LOTT, Mr. DASCHLE, the National Wildlife Refuge System. fairs. H.R. 3718. An act to limit the jurisdiction Mr. BAUCUS, Mr. BREAUX, Mr. H.R. 1023. An act to provide for compas- GRAHAM, Mr. WYDEN, Mr. SMITH of sionate payments with regard to individuals of the Federal courts with respect to prison release orders; to the Committee on the Ju- New Hampshire, Mr. SARBANES, Mr. with blood-clotting disorders, such as hemo- WARNER, Mr. STEVENS, Ms. SNOWE, philia, who contracted human immuno- diciary. H.R. 3809. An act to authorize appropria- Ms. COLLINS, Mr. BOND, Mrs. MURRAY, deficiency virus due to contaminated blood tions for the United States Customs Service and Mr. DOMENICI): products, and for other purposes. S. 2095. A bill to reauthorize and amend the H.R. 1522. An act to extend the authoriza- for fiscal years 1999 and 2000, and for other purposes; to the Committee on Finance. National Fish and Wildlife Foundation Es- tion for the National Historic Preservation tablishment Act; to the Committee on Envi- Fund, and for other purposes. Pursuant to the order of August 4, ronment and Public Works. H.R. 2202. An act to amend the Public 1977, with instructions that if one com- By Mr. INOUYE (for himself and Mr. Health Service Act to revise and extend the mittee reports the other committee AKAKA): bone marrow donor program, and for other S. 2096. A bill to authorize the Secretary of purposes. have thirty days to report or be dis- charged, the following bill was read the Transportation to issue a certificate of docu- H.R. 2556. An act to reauthorize the North mentation with appropriate endorsement for American Wetlands Conservation Act and first and second times by unanimous employment in the coastwise trade for the the Partnerships for Wildlife Act. consent and referred as indicated: vessel FOILCAT; to the Committee on Com- H.R. 2652. An act to amend title 17, United H.R. 3534. An act to improve congressional merce, Science, and Transportation. States Code, to prevent the misappropriation deliberation on proposed Federal private sec- By Mr. CAMPBELL: of collections of information. tor mandates, and for other purposes; to the S. 2097. A bill to encourage and facilitate H.R. 3039. An act to amend title 38, United Committee on the Budget and the Commit- the resolution of conflicts involving Indian States Code, to authorize the Secretary of tee on Governmental Affairs. tribes, and for other purposes; to the Com- Veterans Affairs to guarantee loans to pro- f mittee on Indian Affairs. vide multifamily transitional housing for S. 2098. A bill to preserve the sovereignty homeless veterans, and for other purposes. REPORTS OF COMMITTEES of the United States over public lands and H.R. 3534. An act to improve congressional acquired lands owned by the United States, deliberation on proposed Federal private sec- The following report of committee and to preserve State sovereignty and pri- tor mandates, and for other purposes. was submitted: vate property rights in non-Federal lands H.R. 3603. An act to authorize major medi- By Mr. HELMS, from the Committee on surroundings those public lands and acquired cal facility projects and major medical facil- Foreign Relations, without amendment and lands; to the Committee on Energy and Nat- ity leases for the Department of Veterans Af- with a preamble: ural Resources. fairs for fiscal year 1999, and for other pur- S. Con. Res. 30. A concurrent resolution ex- S. 2099. A bill to provide for enhanced Fed- poses. pressing the sense of the Congress that the eral sentencing guidelines for counterfeiting H.R. 3718. An act to limit the jurisdiction Republic of China should be admitted to offenses, and for other purposes; to the Com- of the Federal courts with respect to prison multilateral economic institutions, includ- mittee on the Judiciary. release orders. ing the International Monetary Fund and By Mr. SPECTER (for himself, Mr. H.R. 3809. An act to authorize appropria- the International Bank for Reconstruct and MACK, and Mr. FAIRCLOTH): tions for the United States Customs Service Development. S. 2100. A bill to amend the Higher Edu- for fiscal years 1999 and 2000, and for other f purposes. cation Act of 1965 to increase public aware- ness concerning crime on college and univer- f EXECUTIVE REPORTS OF COMMITTEE sity campuses; to the Committee on Labor MEASURES REFERRED and Human Resources. The following executive reports of By Mr. BENNETT (for himself, Ms. The following bills were read the first committees were submitted: MOSELEY-BRAUN, and Mr. SHELBY): and second times by unanimous con- By Mr. ROTH, from the Committee on Fi- S. 2101. A bill to amend the Public Health sent and referred as indicated: nance: Service Act to provide for research and serv- H.R. 512. An act to establish requirements Patrick A. Mulloy, of Virginia, to be an ices with respect to lupus; to the Committee relating to the designation of new units of Assistant Secretary of Commerce. on Labor and Human Resources. the National Wildlife Refuge System; to the Thelma J. Askey, of Tennessee, to be a By Mr. FEINGOLD (for himself, Mr. Committee on Environment and Public Member of the United States International JEFFORDS, Mr. LEAHY, and Mr. Works. Trade Commission for the remainder of the WELLSTONE): H.R. 1023. An act to provide for compas- term expiring December 16, 2000. S. 2102. A bill to promote democracy and sionate payments whit regard to individuals Jennifer Anne Hillman, of Indiana, to be a good governance in Nigeria, and for other with blood-clotting disorders, such as hemo- Member of the United States International purposes; to the Committee on Foreign Rela- philia, who contracted human immuno- Trade Commission for the term expiring De- tions. deficiency virus due to contaminated blood cember 16, 2006. By Mrs. FEINSTEIN (for herself, Mr. products, and for other purposes; to the Com- Stephen Koplan, of Virginia, to be a Mem- HATCH, and Mrs. BOXER): mittee on Labor and Human Resources. ber of the United States International Trade S. 2103. A bill to provide protection from H.R. 1522. An act to extend the authoriza- Commission for the term expiring June 16, personal intrusion for commercial purposes; tion for the National Historic Preservation 2005. to the Committee on the Judiciary. S5218 CONGRESSIONAL RECORD — SENATE May 20, 1998 By Mr. LEVIN (for himself and Mr. importation and properly declaring the Although a sale would bring in ABRAHAM): items. money, the majority of the proceeds S. 2104. A bill to authorize the Automobile If these procedures are not followed would go to the General Treasury, and National Heritage Area; to the Committee correctly, then the items can be seized. the Service would have to use money on Energy and Natural Resources. Abandonment or forfeiture actions already in their operational budget to f are then initiated with title being pay for the sale. STATEMENTS ON INTRODUCED transferred to the Government. Needless to say, there are not enough BILLS AND JOINT RESOLUTIONS Many times, however, the people who funds to pay the auctioneer’s commis- try to bring them in will just abandon sion, so the auction does not take place By Mr. ALLARD (for himself and them to the Service. and the wildlife property sits and de- Mr. CHAFEE): These items are retained by the Serv- cays. S. 2094. A bill to amend the Fish and ice at the Commerce City facility until What this bill would do is allow the Wildlife Improvement Act of 1978 to en- an appropriate disposition can be Fish and Wildlife Service, and the Na- able the Secretary of the Interior to made. tional Marine Fisheries Service under more effectively use the proceeds of I want to take just a moment here to the Commerce Department, to keep the sales of certain items; to the Commit- point out that the Repository in ques- proceeds from the selling of wildlife tee on Environment and Public Works. tion is located on the Rocky Mountain products at an auction. FISH AND WILDLIFE REVENUE ENHANCEMENT Arsenal northeast of Denver. The money would be used for very ACT OF 1998 This inactive military facility is in specific purposes. Mr. ALLARD. Mr. President, I am in- the middle of a transformation from a These purposes, except for one, are troducing a bill today to amend the Superfund site to the largest urban all related to the task of storing, ship- Fish and Wildlife Improvement Act of wildlife refuge in the country. ping and disposing of the forfeited and 1978. The Arsenal, which once produced abandoned items located around the This bill will allow the Secretary of nerve agents and chemical weapons, is country. the Interior and the Secretary of Com- now a haven for eagles, migratory The other uses of the funds I will ex- merce to more effectively use proceeds birds, deer, and other wildlife. plain in just a minute. from the sale of forfeited and aban- I’ve been told that there is hope to This bill specifically says that the doned wildlife items. one day introduce bison back into the Services can use the proceeds of the Mr. President, there is a warehouse 27 square mile facility. sale for: in Commerce City, Colorado, operated The old Arsenal will become a new (1) Shipping items from one location by the U.S. Fish and Wildlife Service, gem in the National Wildlife Refuge to another; which is filled with wildlife parts and System, and an excellent resource for (2) Storage and security of the items; products. the people of Colorado. (3) Appraisal of the items; It is the National Repository for A Service priority for disposing of (4) Sale of the items—this is nec- items that have been forfeited or aban- these wildlife items is to utilize them essary to pay an auctioneer’s commis- doned to the U.S. Government and are in scientific and educational programs. sion; and (5) Payment of any valid liens being held for disposition by the Serv- There are, however, many items in against the objects. ice. the Repository inventory excess to the As you can see, this will not allow Some of these items are quite un- needs of these scientific and edu- the Services to establish a slush fund usual: mounted rhinoceros, coral jew- cational programs. elry, stuffed alligators, elephant foot for their use. Those excess items which are not The bill requires the money may be footstools. given a high level of protection—those used only to continue paying for re- Some of these items are endangered that are not endangered, or marine wards, storage and shipping of the or otherwise protected by law, and it is mammals, or migratory birds—can le- property, and to facilitate the disposal illegal to import them into the United gally be sold on the open market. of the items, thereby making them States. If these surplus items were sold by available for the people of the United Those companies or individuals who the Service at an auction, they would States. were caught trying to do so either generate proceeds which could be used The other use for the proceeds is very abandoned the items or they were for- to offset operational costs of the Re- special. feited to the U.S. Government through pository, thereby allowing for a more The U.S. Fish and Wildlife Service a legal process. efficient use of appropriated funds by administers a program that provides The Service distributes these wildlife the Service and a saving of money for for the distribution of dead eagles to items to museums and to schools for the tax payers. Native Americans so they may be used conservation education programs But there is a hitch. Current law for religious and cultural purposes. around the country. mandates proceeds from the sale ex- As you probably know, bald and gold- Anyone who flew through Denver’s cept for those that can be used for re- en eagles are highly protected and it is old Stapleton Airport, for instance, wards, must be returned to the General illegal for anyone to kill an eagle or might have seen a display in the main Treasury. possess an eagle carcass or its feathers. terminal reminding travelers about This sounds fine, until you consider The way the program is set up, dead various laws regulating importation of the mechanics of holding an auction. eagles are sent to the National Eagle wildlife and wildlife products. An auctioneer charges a commission Repository, which is also located on A similar display is being erected at which is usually a percentage of the Rocky Mountain Arsenal in Commerce Denver International Airport. proceeds from a sale. City, Colorado. In addition to the unusual wildlife Since the Service estimates that There they are cataloged, processed, specimens stored at the Service’s Colo- they have about one million-dollars and shipped to Native Americans. rado Repository are some more famil- worth of surplus wildlife items on Even though the Repository distrib- iar items such as leather boots, jack- hand, which is a 10 year backlog, they utes about 1,000 eagles to Native Amer- ets, purses, watchbands, and sea shells. can expect to pay the auctioneer a icans each year, there is currently These are in the possession of the commission of around 15 percent or about a three year wait to receive an Service because, in many cases, the re- about $150,000. eagle carcass. This is because of the quired foreign export permits were not Now, the budget for the Repository limited number of eagles being re- obtained or the items were falsely in Fiscal Year 1998 is $310,000 with sala- ceived at the Repository. identified. ries alone costing 80 percent of that Most have been trapped, or electro- Although it is legal to possess and number. They simply cannot pay about cuted, or have collided with power lines sell many of these wildlife items, there half of their funding towards an auc- and cars—they are not in very good is, of course, a procedure for importing tioneer’s commission, and that is what shape. them. This includes obtaining the re- they would have to do under current When an eagle is received by the Re- quired foreign export permits prior to law. pository, attempts are made to match May 20, 1998 CONGRESSIONAL RECORD — SENATE S5219 the type of eagle with that being re- which is now a financial drain on the the use of funds received through these quested, i.e. bald or golden, immature Service—and to fund programs that sales to include costs incurred by ship- or mature. loan these items to schools and Native ping, storage and disposal of these Requests for individual feathers are American groups for educational and items, as well as payment of any liens also filled. religious purposes. on these items. The Repository is so concerned about Each year, the Fish and Wildlife I would like to note that this bill customer service that they will replace Service (Service) receives hundreds of does not change existing authority any broken or missing feathers with thousands of items derived from fish, with respect to items that may be sold whole ones from another bird. wildlife and plants, such as skins, furs, by the Service. It does not allow the The cost to box and ship an eagle is feathers, jewelry, etc. These items can sale of items derived from threatened about $50. This cost is absorbed by the be seized, forfeited or abandoned during and endangered species, marine mam- Service rather than being passed on to enforcement of Federal wildlife laws, mals, or migratory birds. The Service the Native Americans. and they are eventually shipped to the already has authority to sell certain This bill will allow the Fish and National Wildlife Property Repository items for which it is lawful to do so. Wildlife Service to use the proceeds in Colorado. The Repository currently This bill merely allows the Service to from an auction to assist the eagle pro- has about 150,000 items, with about keep revenues derived from any items gram by paying for boxes, dry ice, and 50,000 items stored elsewhere. it sells, and to use those revenues for other costs associated with shipping Under current law, the Service may certain programs. This is a bill rep- the eagles. dispose of fish, wildlife or other items resenting efficient use of government For instance, some of the proceeds forfeited or abandoned to the U.S. gov- funds. could also be used to purchase chest ernment, either by loan, gift, sale or At the same time, this bill is not in- freezers to be placed in regional collec- destruction. There are certain restric- tended to imply that the Service tion points. tions on disposal of those items. For should sell everything that it lawfully This would be for short term storage example, items made from threatened can in order to maximize profits. It is of the eagles near where they are ini- or endangered species, marine mam- my understanding that the Service has tially found. mals and migratory birds cannot be no intention to sell items derived from This would hopefully increase the sold according to the laws that apply sensitive species, including those that number of eagles being sent to the Re- to those particular species. are candidates for listing as endan- pository and subsequently increase the Revenue from the sale of forfeited gered or threatened. It is also my ex- number being shipped to the Native items go to the Service for certain pro- pectation that, in considering which Americans, thereby reducing the wait- gram operations; however, revenue items to sell, the Service would take ing period to receive an eagle. from the sale of abandoned items go to into account the biological status of Before I close here, let me stress—the the General Treasury, and are not any species used for that item, and any auctions will only be selling wildlife available to the Service. More than 90 implications that the sale may have for items that are legal to possess and sell percent of the fish and wildlife items conservation efforts relating to that in the U.S., items like boots, belts, are abandoned, so that the Service species. For example, any sale by the wallets, purses, shell products, etc. would receive very little revenue from Service should not encourage new mar- These items have a valid place on the sales of these items. Indeed, under cur- kets that may undermine protections U.S. market. rent law, the costs of selling these elsewhere. Lastly, the Service should Items that have a higher scientific or items would outweigh any revenue, so ensure that the sale of these items does educational value will be distributed to that the Service has no incentive to not undermine enforcement efforts museums and schools. sell them. within the U.S. No products from endangered species, The Service must further expend In summary, I am pleased to cospon- eagles, marine mammals, or migratory funds for the shipment, storage and sor this bill with Senator ALLARD. Our birds will be sold. disposal of the items that it acquires. staffs have worked closely with each The Fish and Wildlife Improvement In addition, the Service will make other and with the Administration in Act already gives the authority to sell many of these items—those that can- drafting this legislation, and I look for- those items that are surplus for sci- not be sold under law—available for ward to working on this bill in the fu- entific and educational needs. Native American religious and ceremo- ture. The Act is silent, however, as to what nial purposes, educational purposes, happens to the proceeds from the sale and research, but must expend its own By Mr. CHAFEE (for himself, Mr. of abandoned items, so by default they funds to do so. The Repository was ap- KEMPTHORNE, Mr. LOTT, Mr. go to the General Treasury. propriated $310,000 for operations last DASCHLE, Mr. BAUCUS, Mr. The Services are therefore precluded year. After overhead, only $61,000 was BREAUX, Mr. GRAHAM, Mr. from being able to utilize these funds. available for disposal of these items. WYDEN, Mr. SMITH of New If this bill is enacted, the proceeds Disposal includes two programs in Hampshire, Mr. SARBANES, Mr. from the sale of forfeited and aban- particular. The first, known as Cargo WARNER, Mr. STEVENS, Ms. doned items will aid in the shipping, for Conservation, provides wildlife SNOWE, Ms. COLLINS, Mr. BOND, storing, and disposing of wildlife prod- specimens to schools for educational Mrs. MURRAY, and Mr. DOMEN- ucts to scientific and educational pro- programs. Under this program, the ICI): grams and the distribution of eagles to Service has distributed almost 400 edu- S. 2095. A bill to reauthorize and Native Americans for religious and cer- cational kits to various organizations. amend the National Fish and Wildlife emonial purposes. The second program provides eagle car- Foundation Establishment Act; to the I hope this bill can be moved quickly casses and parts to Native Americans Committee on Environment and Public in the Senate. for religious and ceremonial purposes. Works. Mr. CHAFEE. Mr. President, I am Under this program, the Service has NATIONAL FISH AND WILDLIFE FOUNDATION pleased to cosponsor this bill with my filled almost 1,500 requests for eagles, ESTABLISHMENT ACT AMENDMENTS OF 1998 colleague Senator ALLARD. This bill eagle parts and other raptors in 1997 Mr. CHAFEE. Mr. President, today I represents a move towards efficient use alone, although there is currently a introduce legislation to reauthorize the of government funds, and support for two year backlog in filling orders for National Fish and Wildlife Foundation the valuable programs carried out with some eagle carcasses. Establishment Act of 1984. This legisla- those scarce funds. The bill would ini- The bill would specifically amend the tion makes important changes in the tially generate approximately $1 mil- Fish and Wildlife Improvement Act in Foundation’s charter, changes that I lion for the Service through the sale of two ways. First, it would authorize the believe will allow the Foundation to items derived from fish and wildlife deposit of proceeds from the sale of for- build on its fine record of providing that are currently stored by the Serv- feited and abandoned items into Serv- funding for conservation of our na- ice. This money would be used to cover ice accounts rather than into the gen- tion’s fish, wildlife, and plant re- the costs of disposing of these items— eral treasury. Second, it would expand sources. S5220 CONGRESSIONAL RECORD — SENATE May 20, 1998 The National Fish and Wildlife Foun- valuable assistance to government backed research on the impacts of dation was established in 1984, to bring agencies within the Departments of the human activities, improved sanitation together diverse groups to engage in Interior and Commerce that may be and safety will bear-proof dumpsters, conservation projects across America faced with conservation issues. Finally, supported GIS mapping of bear habi- and, in some cases, around the world. it would reauthorize appropriations to tats, and brought in non-federal part- Since its inception, the Foundation has the Department of the Interior and the ners. made more than 2,300 grants totaling Department of Commerce through 2003. During the years I have been ac- over $270 million. This is an impressive Mr. President, I believe that this leg- quainted with the Foundation, I have record of accomplishment. The Foun- islation I introduce today will produce found that they work with the entire dation has pioneered some notable con- real conservation benefits and I strong- spectrum of interests to leverage servation programs, including imple- ly urge my colleagues to give the bill through private partners a limited menting the North American Water- their support. amount of federal funding into signifi- fowl Management plan, Partners in Mr. KEMPTHORNE. Mr. President, cant monies for conservation. Flight for neotropical birds, Bring nearly fourteen years ago President Mr. LOTT. Mr. President, today Sen- Back the Natives Program, the Exxon Reagan signed P.L. 98–244, an act to es- ator CHAFEE, chairman of the Senate Save the Tiger Fund, and the establish- tablish the National Fish and Wildlife Environment and Public Works Com- ment of the Conservation Plan for Foundation as a charitable, nonprofit mittee, has introduced legislation to Sterling Forest in New York and New corporation of the United States spe- reauthorize the National Fish and Jersey, to name just a few. cifically to further the conservation Wildlife Foundation. I support the Mr. President, the Foundation has and management of the Nation’s fish, Foundation and the activities it under- funded these programs by raising pri- wildlife, and plant resources. Since takes to further conservation and man- vate funds to match federal appropria- that time, the Foundation has funded agement of our nation’s fish and wild- tions on at least a 2 to 1 basis. During more than 2,200 conservation projects life resources. this time of fiscal constraint this is an through their partnership and chal- Created by Congress in 1984, the Foundation has forged a strong rela- impressive record of leveraging federal lenge grant program. tionship between government and cor- dollars. Moreover, all of the Founda- In the State of Idaho alone, the porate stakeholders, fostering coopera- tion’s operating costs are raised pri- Foundation has funded nearly 100 tion and coordination. It has been suc- vately, which means that federal and projects worth over $19,000,000. The cessful in bringing private sector in- private dollars given for conservation good news is that they have done this volvement, initiative and technology is spent only on conservation projects. work with only $5M of federal money. I am proud to count myself as one of That is nearly a four to one contribu- to bear in solving conservation prob- the ‘‘Founding Fathers’’ of the Na- tion from the private sector. In addi- lems. With this reauthorization, the Foundation’s record of providing real tional Fish and Wildlife Foundation. In tion, there have been many projects in on-the-ground conservation will con- 1984, I, along with my colleagues Sen- adjacent States that benefit the Stat of Idaho. tinue. ators Howard Baker, George Mitchell, Mr. President, all federal money ap- and JOHN BREAUX, saw the need to cre- But the Foundation has had its share of controversy. A Foundation grant to propriated to the National Fish and ate a private, nonprofit group that Wildlife Foundation must be matched the Pacific Rivers Council may have could build public-private partnerships by contributions from non-federal allowed the Pacific Rivers Council to and consensus, where previously there sources: corporations, State and local use other resources to nearly shut had only been acrimony and, many government agencies, foundations and down the economy of several counties times, contentious litigation. individuals. The Foundation’s operat- The National Fish and Wildlife Foun- in the State of Idaho. A federal judge ing policy is to raise a match of at shut down all permitted activities in dation has more than fulfilled the least 2 to 1, to maximize leverage for our national forests when the Pacific hopes of its original sponsors. It has our federal funds. With the financial Rivers Council brought suit against the helped to bring solutions to some dif- assistance of the private sector and the United States Forest Service and the ficult natural resource problems and is technical knowledge of the States, the becoming widely recognized for its in- National Marine Fisheries Service for Foundation can be both effective and novative approach to solving environ- failure to consider cumulative impacts responsive to conservation needs. mental problems. For example, when of permitted activities under the En- All of the Foundation’s projects are Atlantic salmon neared extinction in dangered Species Act. The two agencies peer reviewed by agency staff, state re- the U.S. due to overharvest in Green- could not agree on the extent and na- source officials, and other professionals land, the Foundation and its partners ture of the consultations, so the Fed- in the natural resource field. No bought Greenland salmon quotas. I and eral judge shut down all activities in project is undertaken without the many others in Congress want the our national forests until they were in input and support of the local commu- Foundation to continue its important compliance. Even the plaintiffs in the nity and state interests. The Founda- conservation efforts. So, today I am in- suit were surprised by the effect of tion has also initiated a process to so- troducing amendments to the Founda- their suit. They quickly joined the ef- licit comments from members of Con- tion’s charter that will allow it to do fort to reverse the injunction and to gress concerning grants in a member’s just that. have the two Federal agencies agree on district or state. Mr. President, this legislation is a solution. Mr. President, one of the things that quite simple. It makes three key Since then the Foundation has imple- distinguishes the Foundation from changes to current law. First, the bill mented procedures into its grant con- other conservation groups is its results would expand the Foundation’s govern- tracts to prevent a recurrence of the in the field. The Foundation has ing Board of Directors from 15 mem- devastating injunction triggered by the worked with over 700 agencies, univer- bers to 25 members. This will allow a Pacific Rivers Council. The Foundation sities, businesses and conservation greater number of those with a strong has repeatedly stated that ‘‘it does not groups, both large and small, over the interest in conservation to actively engage in lobbying or litigation and last decade. These relationships have participate in, and contribute to, the does not allow its grants to be used for helped the Foundation become one of Foundation’s activities. those activities.’’ the most effective conservation organi- The bill’s second key feature author- And, I recognize that the Foundation zations in the nation. izes the Foundation to work with other has provided grant monies to support In Mississippi, for example, the Foun- agencies within the Department of the studies of grizzly bears and wolves in dation has supported local habitat res- Interior and the Department of Com- the Pacific Northwest. However, in my toration projects to help private land- merce, in addition to the Fish and review of those grants I am pleased to owners install water control structures Wildlife Service and the National Oce- say that the grants have been used to to provide wintering habitat for migra- anic and Atmospheric Administration. discover basic biological information tory waterfowl. Our farmers have Mr. President, it is my view that the about these predators. The Foundation learned that it also benefits weed con- Foundation should continue to provide has produced educational materials, trol, seed-bed preparation, prevention May 20, 1998 CONGRESSIONAL RECORD — SENATE S5221 of erosion—all at a lower cost. The the vessel’s use will not adversely af- dian tribes are under a duty to collect Foundation has provided grants to as- fect the coastwise trade in U.S. waters. and remit such state taxes. The Court sist private landowners in restoring If he is granted this waiver, it is his in- made it clear that there are numerous bottomland hardwood habitats critical tention to comply fully with U.S. docu- remedies available to the states in such to migrating neotropical songbirds and mentation and safety requirements. situations including suits against trib- other water-dependant wildlife species. The purpose of the legislation I am in- al officials; levying the tax at the These efforts are helping to maintain troducing is to allow the Foilcat to en- wholesale level before goods enter res- the state’s original wetlands habitats. gage in the coastwise trade and the ervation commerce; negotiating agree- Activities of the Foundation do fisheries of the United States. ments with the tribes involved; and if produce real on-the-ground conserva- Mr. President, I ask unanimous con- these prove unworkable, then seeking tion benefits for the resources of our sent that the text of the bill be printed congressional action. nation. I ask that my colleagues join in the RECORD. At least 18 states and numerous me in supporting this legislation. There being no objection, the bill was tribes have chosen the negotiations ordered to be printed in the RECORD, as route to settling their differences short By Mr. INOUYE (for himself and follows: of litigation and acrimony. Testimony Mr. AKAKA): S. 2096 presented to the committee on March S. 2096. A bill to authorize the Sec- Be it enacted by the Senate and House of Rep- 11, 1998, revealed that there are ap- retary of Transportation to issue a cer- resentatives of the United States of America in proximately 200 intergovernmental tificate of documentation with appro- Congress assembled, agreements between Indian tribes and priate endorsement for employment in SECTION 1. LIMITED DURATION WAIVER OF states providing for the collection and the coastwise trade for the vessel COASTWISE TRADE LAWS. remittance by the tribes of state sales Foilcat; to the Committee on Com- (a) IN GENERAL.—Notwithstanding sections taxes on sales made to non-members. merce, Science, and Transportation. 12106 and 12108 of title 46, United States Rather than waive the immunity of Code, section 8 of the Passenger Vessel Act all tribes—those who have chosen to CERTIFICATE OF DOCUMENTATION FOR THE (46 U.S.C. App. 289), and section 27 of the VESSEL ‘‘FOILCAT’’ Merchant Marine Act, 1920 (46 U.S.C. App. deal with the issue of taxation through ∑ Mr. INOUYE. Mr. President, I am in- 883), the Secretary of Transportation may agreement and those who have not— troducing a bill today to direct that issue a certificate of documentation with ap- the legislation I introduce today de- the vessel Foilcat, Official Number propriate endorsement for employment in clares the policy of the United States 1063892, be accorded coastwise trading the coastwise trade for the vessel Foilcat, to be the reaffirmation of the federal privileges for a fixed duration and be (United States Official Number 1063892). obligation to protect Indian tribes, (b) TERMINATION.—The certificate issued issued a certificate of documentation people, and trust resources and prop- under subsection (a) shall be in effect for the erty of Indian tribes. In fulfilling that under section 12103 of title 46, U.S. vessel Foilcat for the period— Code. (1) beginning on the date on which the ves- obligation, the United States should The Foilcat was originally con- sel is placed in service to initiate a high- make available the framework and ma- structed in Norway, in 1992, and is a speed marine ferry demonstration project; chinery for the amicable settlement hydrofoil vessel presently under ren- and and resolution of disputes, including ovation in a U.S. shipyard. It is 84.2 (2) ending on the last day of the 36th tax matters, involving states and In- month beginning after the date on which it feet in length and is expected to be less dian tribes. became effective under paragraph (1).∑ than 100 U.S.C.G. registered tons. The achievement of mutual agree- ments is the major objective of this The vessel is owned by Steven Loui By Mr. CAMPBELL: of Honolulu, Hawaii. Mr. Loui would S. 2097. A bill to encourage and facili- bill, and in addition to encouraging such agreements, this legislation pro- like to utilize his vessel to evaluate the tate the resolution of conflicts involv- vides for the creation of an ‘‘Intergov- use of hydrofoil technology in the es- ing Indian tribes, and for other pur- ernmental Alternative Dispute Resolu- tablishment of a high speed ferry dem- poses; to the Committee on Indian Af- tion Panel’’ to consider and render de- onstration project. However, because fairs. cisions on tax matters that cannot be the vessel was built in Norway, it did INDIAN TRIBAL CONFLICT RESOLUTION, TORT not meet the requirements for coast- resolved through negotiation. CLAIMS, AND RISK MANAGEMENT ACT OF 1998 The panel will be composed of a five wise license endorsement in the United Mr. CAMPBELL. Mr. President, member team including representa- States. today I introduce the Indian Tribal tives of the Departments of Interior, The Hawaiian islands are exposed to Conflict Resolution, Tort Claims and Justice, and Treasury; one representa- high and rough surf and it is incum- Risk Management Act of 1998 to con- tive of state governments; and one rep- bent that we utilize high speed tech- tinue the discourse on matters involv- resentative of tribal governments. nologies in order to overcome the im- ing Indian tribal governments such as Rather than create a ‘‘new’’ mediation pediments of high surf and transpor- providing a mechanism for the collec- framework, this bill relies on the exist- tation distance requirements. Foilcat tion of legitimate state retail sales ing Federal Mediation and Conciliation utilizes advanced hydrofoil tech- taxes and affording a remedy to those Service to provide mediation services nologies enabling the vessel to travel persons injured by the acts of tribal for such situations. at high speeds while also providing safe governments, or those acting on their Title II of the bill is intended to pro- and comfortable passenger ferry serv- behalf. vide a remedy in tort situations for ice. Should this technology as applied By introducing this legislation, I am those tribes that are not covered by in passenger ferry service, prove suc- hopeful that tribal leaders, concerned the Federal Tort Claims Act, or cov- cessful, a series of these types of ves- parties, and those affected by the ac- ered by private secured liability insur- sels will be built in the U.S.—using tions of tribal governments can find ance. U.S. workers. Mr. Loui is planning to some common ground and craft innova- This title would require the Sec- invest almost three times the amount tive solutions to these issues which I retary of Interior to obtain or provide of the vessel’s purchase price in repairs believe will continue to hamper Indian tort liability insurance or equivalent and upgrades in a U.S. shipyard. My re- tribes unless dealt with appropriately. coverage for each Indian tribe that re- flagging request would be for a limited It has been said that because of In- ceives tribal priority allocations from time period, which would provide ade- dian tribal immunity from lawsuits, the Bureau of Indian Affairs (BIA). quate time to evaluate the use of this states have no enforcement mechanism Because many, if not most, Indian technology in the establishment of to collect state retail taxes on trans- tribes maintain some type of insurance inter and intra-island passenger ferry actions made to non-members. Simi- coverage, the Secretary is obligated to service. larly, opponents of tribal immunity determine the type and adequacy of The owner of the Foilcat is seeking a charge that tribal immunity prevents coverage already provided in order to waiver of the existing law because he injured persons from seeking legal re- avoid duplicative or redundant cov- wishes to use the vessel to evaluate course for their injuries. erage. high speed technology in passenger The Supreme Court has held that on Significantly, and as is the case with ferry service. His desired intentions for retail sales made to non-members, In- insurance policies now in place for S5222 CONGRESSIONAL RECORD — SENATE May 20, 1998 many tribal governments, the policy of S. 2097 (2) INDIAN COUNTRY.—The term ‘‘Indian insurance must contain a provision Be it enacted by the Senate and House of Rep- country’’ has the meaning given that term in prohibiting the carrier from raising the resentatives of the United States of America in section 1151 of title 18, United States Code. defense of sovereign immunity with re- Congress assembled, (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given that term in section spect to any tort action filed involving SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Indian Trib- 4(e) of the Indian Self-Determination and the tribe. In this way, injured persons al Conflict Resolution and Tort Claims and Education Assistance Act (25 U.S.C. 450b(e)). would be afforded a remedy. Such poli- Risk Management Act of 1998’’. (4) PANEL.—The term ‘‘Panel’’ means the cies would also contain a provision pre- SEC. 2. FINDINGS; PURPOSES. Intergovernmental Alternative Dispute cluding any waiver for pre-judgment (a) FINDINGS.—Congress finds that— Panel established under section 103. interest or punitive damages. (1) Indian tribal sovereignty predates the (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Department of The Secretary would prescribe regu- formation of the United States and the United States Constitution; the Interior. lations governing the amount and na- (2) a unique legal and political relationship (6) STATE.—The term ‘‘State’’ means each ture of claims covered by such insur- exists between the United States and Indian of the 50 States and the District of Columbia. ance policy, and would also set a sched- tribes; (7) TRIBAL ORGANIZATION.—The term ‘‘trib- ule of premiums payable by any tribe (3) through treaties, statutes, Executive al organization’’ has the meaning given that that is provided insurance under this orders, and course of dealing, the United term in section 4(l) of the Indian Self-Deter- bill. States has recognized tribal sovereignty and mination and Education Assistance Act (25 the unique relationship that the United U.S.C. 450b(l)). Lastly, as Indian tribes have begun States has with Indian tribes; SEC. 4. DECLARED POLICY OF THE UNITED to re-develop their economies and are (4) Indian tribal governments exercise gov- STATES. beginning to assert their influence, ernmental authority and powers over per- It is the policy of the United States— issues and matters have developed that sons and activities within the territory and (1) to continue to preserve and protect In- should receive the attention of a full- lands under the jurisdiction of those govern- dian tribes, Indian people, and trust re- time, intergovernmental body to re- ments; sources and property of Indian tribes; and view and analyze such situations. (5) conflicts involving Indian tribal govern- (2) that the settlement of issues and dis- ments may necessitate the active involve- putes involving Indian tribes and States or This legislation creates the ‘‘Joint ment of the United States in the role of the political subdivisions thereof, through nego- Tribal-Federal-State Commission on trustee for Indian tribes; tiation and accommodation, may be ad- Intergovernmental Affairs’’ to (6) litigation involving Indian tribes, that vanced by making available full and ade- thoughtfully and deliberately consider often requires the United States to intervene quate governmental facilities for fact find- matters such as law enforcement, civil as a litigant, is costly, lengthy, and conten- ing, conciliation, mediation, and voluntary tious; arbitration to aid and encourage Indian and criminal jurisdiction, taxation, (7) for many years, alternative dispute res- transportation, economic development, tribes, States, and political subdivisions olution has been used successfully to resolve thereof— and related issues. Two years after en- disputes in the private sector, and in the (A) to reach and maintain agreements; and actment, the commission is required to public sector; (B) to make reasonable efforts to settle dif- submit a report of its findings and rec- (8) alternative dispute resolution— ferences by mutual agreement reached by ommendations to the President, the (A) results in expedited decisionmaking; such methods as may be provided for in any Committee on Indian Affairs in the and applicable agreement for the settlement of (B) is less costly, and less contentious than disputes. Senate, and the Committee on Re- litigation; TITLE I—INTERGOVERNMENTAL sources in the House of Representa- (9) it is necessary to facilitate intergovern- AGREEMENTS tives. mental agreements between Indian tribes Finally, let me say that I do not and States and political subdivisions thereof; SEC. 101. INTERGOVERNMENTAL COMPACT AU- (10) Indian tribes have made significant THORIZATION. agree with those who suggest that the (a) IN GENERAL.—The consent of the United doctrine of tribal sovereign immunity achievements toward developing a founda- tion for economic self-sufficiency and self- States is granted to States and Indian tribes is an anachronism and one no longer determination, and that economic self-suffi- to enter into compacts and agreements in ac- deserving of protection. Several of the ciency and self-determination have increased cordance with this title. states, as well as the federal govern- opportunities for the Indian tribes and other (b) COLLECTION OF TAXES.—Consistent with ment, have chosen to waive their im- entities and persons to interact more fre- the United States Constitution, treaties, and munity from suit in very limited cir- quently in commerce and intergovernmental principles of tribal and State sovereignty, cumstances and under strict condi- relationships; and consistent with Supreme Court decisions regarding the collection and payment of cer- tions. (11) although Indian tribes have sought and secured liability insurance coverage to meet tain retail taxes of a State or political sub- It is simply inaccurate to suggest their needs, many Indian tribes are faced division thereof, the consent of the United that tribal governments are the last re- with significant barriers to obtaining liabil- States is hereby given to Indian tribes, tribal pository of immunity. Whether by lim- ity insurance because of the high cost or un- organizations, and States and States and In- iting damage awards as some states availability of such coverage in the private dian tribes may to enter into compacts and have done, or eliminating entire class- market; agreements relating to the collection and payment of certain retail taxes. es of activities that will not trigger im- (12) as a result, Congress has extended li- ability coverage provided to Indian tribes to (c) FILING.—Not later than 30 days after en- munity waivers as the federal govern- organizations to carry out activities under tering into an agreement or compact under ment has done in the Federal Tort the Indian Self-Determination and Edu- this section, a State or Indian tribe shall Claims Act, the doctrine of immunity cation Assistance Act (25 U.S.C. 450 et seq.); submit a copy of the compact or agreement is alive and well in the United States. and to the Secretary. Upon receipt of the com- That there are issues that need to be (13) there is an emergent need for com- pact or agreement, the Secretary shall pub- prehensive and cost-efficient insurance that lish the compact or agreement in the Federal dealt with I agree; that the way to ad- allows the economy of Indian tribes to con- Register. dress these issues is through involun- tinue to grow and provides compensation to (d) LIMITATIONS.— tary, broad-based waivers of immunity, persons that may suffer personal injury or (1) IN GENERAL.—An agreement or compact I disagree heartily. I call on the quiet, loss of property. under this section shall not affect any action thoughtful, and reasonable people on (b) PURPOSES.—The purposes of this Act or proceeding over which a court has as- both sides of these issues to craft solu- are to enable Indian tribes, tribal organiza- sumed jurisdiction at the time that the tions that respects Indian tribal gov- tions, States and political subdivisions agreement or compact is executed. thereof, through viable intergovernmental ernments and yet provides reasonable (2) PROHIBITION.—No action or proceeding agreements to— described in paragraph (1) shall abate by rea- solutions for legitimate problems that (1) achieve intergovernmental harmony; son of that agreement or compact unless spe- do exist. and cifically agreed upon by all parties— Mr. President, I ask that the con- (2) enhance intergovernmental commerce. (A) to the action or proceedings; and tents of the legislation be printed in SEC. 3. DEFINITIONS. (B) to the agreement or compact. In this Act: (e) REVOCATION.—An agreement or compact the RECORD. (1) FEDERAL AGENCY.—The term ‘‘Federal entered into under this section shall be sub- There being no objection, the bill was agency’’ has the meaning given the term ject to revocation by any party to that ordered to be printed in the RECORD, as ‘‘Executive agency’’ in section 105 of title 5, agreement or compact. That revocation shall follows: United States Code. take effect on the earlier of— May 20, 1998 CONGRESSIONAL RECORD — SENATE S5223

(1) the date that is 180 days after the date (C) SELECTION.—After each party has had SEC. 103. INTERGOVERNMENTAL ALTERNATIVE on which notice of revocation is provided to an opportunity to challenge the list made by DISPUTE RESOLUTION PANEL-ES- each party to that agreement or compact; or the Administrator under subparagraph (B), TABLISHMENT. (2) any date that is agreed to by all parties the Secretary shall select a mediator from (a) IN GENERAL.—If negotiations conducted to that agreement or compact. the list who is not subject to such a chal- under section 103 do not result in a settle- (f) REVISION OR RENEWAL.—Upon the expi- lenge. ment, the Secretary may refer the State and ration or revocation of an agreement or com- (4) PAYMENT.—The expenses and fees of the Indian tribe involved to the Panel estab- pact under this section, the parties to such mediator selected under paragraph (3) in fa- lished under subsection (b). agreement or compact may enter into a re- cilitating negotiations under paragraph (1) (b) AUTHORITY OF PANEL.—To the extent al- vised agreement or compact, or may renew shall be paid by the Secretary. lowable by law, the Panel may consider and render a decision on a referred to the Panel that agreement or compact. (5) REIMBURSEMENT.—If a party that files a (g) EFFECT OF RENEWAL.—For purposes of claim under section 103 and that party is not under this section. (c) TAXATION.—Any claim involving the le- this title, the renewal of an agreement or the prevailing party in that claim, that gitimacy of a claim for the collection or pay- compact entered into under this title shall party shall reimburse the Secretary for any ment of certain retail taxes owed by an In- be treated as a separate agreement or com- fees and expenses incurred by the Secretary dian tribe to a State or political subdivision pact and shall be subject to the limitations pursuant to paragraph (4). and requirements applicable to an initial thereof and shall include or admit of coun- (d) PROCEDURES.—Negotiations conducted agreement or compact. terclaims, setoffs, or related claims submit- under this title shall be subject to the fol- (h) STATUTORY CONSTRUCTION.—Nothing in ted or filed by the tribe in question regard- this title shall be construed to— lowing procedures: ing the original claim. (1) except as expressly provided in this (1) COMMENCEMENT.—Negotiations con- (d) MEMBERSHIP OF THE PANEL.— title, expand or diminish the jurisdiction ducted under this section shall commence as (1) IN GENERAL.—The Panel shall consist over civil or criminal matters that may be soon as practicable after the party that re- of— exercised by a State or the governing body of ceives notice under subsection (b)(4)(B) re- (A) 1 representative from the Department an Indian tribe; or sponds to the Secretary. of the Interior; (2) authorize or empower a State or tribal (2) ADDITIONAL INVESTIGATION, RESEARCH, (B) 1 representative from the Department government, either separately or pursuant to OR NEGOTIATION.— of Justice; agreement, to expand or diminish the juris- (A) IN GENERAL.—Each party that enters (C) 1 representative from the Department diction exercised by the Government of the into negotiation under this section and the of the Treasury; United States to— Secretary may agree to additional investiga- (D) 1 representative of State governments; (A) make criminal, civil, or regulatory tion, research, or analysis to facilitate a ne- and laws; or gotiated settlement. (E) 1 representative of tribal governments (B) enforce those laws in Indian country. (B) PAYMENTS.—The cost of the additional of Indian tribes. investigation, research, or analysis referred SEC. 102. INTERGOVERNMENTAL NEGOTIATIONS- (2) CHAIRPERSON.—The members of the PROCEDURES. to in subparagraph (A) shall be borne by the Panel shall select a Chairperson from among (a) GOOD FAITH NEGOTIATIONS.—In nego- party that undertakes that investigation, re- the members of the Panel. tiating a claim, the parties shall conduct full search, or analysis, or causes that investiga- (e) FEDERAL MEDIATION CONCILIATION SERV- and fair good faith negotiations pursuant to tion, research, and analysis. ICE.— this title, with the objective of achieving a (3) EXCHANGE OF RECORDS AND DOCUMENTA- (1) IN GENERAL.—In a manner consistent intergovernmental agreement or compact TION.—Each party that enters into negotia- with this title, the Panel shall consult with that meets the requirement of this title. tions under this section shall exchange, and the Federal Mediation Conciliation Service (b) REQUEST FOR NEGOTIATIONS.— make available to the Secretary, any (referred to in this subsection as the ‘‘Serv- (1) IN GENERAL.—An Indian tribe or a State records, documents, or other information ice’’) established under section 202 of the Na- may request the Secretary to initiate nego- that the party may have with regard to tional Labor Relations Act (29 U.S.C. 172). tiations to address a claim covered under transactions within the scope of the claims (2) DUTIES OF SERVICE.—The Service shall, this title. alleged that— upon request of the Panel and in a manner (2) NOTIFICATION.—The Secretary shall no- (A) may be relevant to resolving the nego- consistent with applicable law— tify the parties of any request made under tiations; and (A) provide services to the Panel to aid in paragraph (1). (B) are not privileged information under resolving disputes brought before the Panel; (3) REQUESTS.—Any request made to the applicable law, or otherwise subject to re- (B) furnish employees to act as neutrals (as Secretary under this subsection shall be in strictions on disclosure under applicable law. that term is defined in section 571(9) of title writing. (4) TERMINATION.— 5, United States Code) in resolving the dis- (4) PARTICIPATION AS A PREREQUISITE TO IN- (A) IN GENERAL.— putes brought before the Panel; and VOKE PROCEDURES UNDER SECTION 103.— (i) TERMINATION.—Except as provided in (C) consult with the Administrative Con- (A) IN GENERAL.—A party may not file a clause (i) and subparagraph (B), negotiations ference of the United States to maintain a claim under section 103 unless that party is conducted under this section shall terminate roster of neutrals and arbitrators. available for, agrees to, and participates in, on the date that is 1 year after the date of SEC. 104. JUDICIAL ENFORCEMENT. negotiations under this section. the first meeting of the parties to conduct (a) INTERGOVERNMENTAL AGREEMENTS.— (B) NOTICE.—Upon receipt of any request negotiations under this section. (1) IN GENERAL.— made pursuant to paragraph (1), the Sec- (ii) MUTUAL AGREEMENT.—The period for (A) JURISDICTION.—Except as provided in retary shall, not later than 30 days after negotiations under clause (i) may be ex- subparagraph (B), the district courts of the such receipt, send a notice by registered tended if the parties and the Secretary agree United States shall have original jurisdic- mail, return receipt requested, advising the that there is a reasonable likelihood that the tion with respect to— parties that are subject to a request made extension may result in a negotiated settle- (i) any civil action, claim, counterclaim, or under paragraph (1), that no party may file a ment. setoff, brought by any party to a agreement claim under section 103 without having par- (B) MUTUAL AGREEMENT.—At any time dur- or compact entered into in accordance with ticipated in negotiations under this section. ing negotiations under this section, the par- this title to secure equitable relief, including (c) NEGOTIATIONS.— ties may mutually agree to terminate the injunctive and declaratory relief; and (1) IN GENERAL.—The Secretary shall, in a negotiations. (ii) the enforcement of any agreement or manner consistent with section 103, cause to (C) FULFILLMENT OF CERTAIN REQUIRE- compact. occur and facilitate negotiations that are MENTS.—A party shall be considered to have (B) DAMAGES.—No action to recover dam- subject to a request under subsection (a). met the requirements described in sub- ages arising out of or in connection with an (2) NON-BINDING NATURE OF NEGOTIATIONS.— section (b)(4) in any case in which negotia- agreement or compact entered into under Consistent with the purposes of this title, tions are terminated by mutual agreement of this section may be brought, except as spe- the negotiations referred to in paragraph (1) the parties under subparagraph (B). cifically provided for in that agreement or shall— (e) NEGOTIATED SETTLEMENTS.— compact. (A) be nonbinding; and (1) IN GENERAL.—A negotiated settlement (2) CONSENT TO SUIT.—Each compact or (B) be facilitated by a mediator selected in of a claim covered by this title reached by agreement entered into under this title shall accordance with section 103. the parties under this section shall con- specify that the partner consent to litigation (3) SELECTION OF MEDIATOR.— stitute the final, complete, and conclusive to enforce the agreement, and to the extent (A) IN GENERAL.—The Secretary shall se- resolution of that claim. necessary to enforce that agreement, each lect 3 mediators from a list supplied by the (2) ALTERNATIVE DISPUTE RESOLUTION.—Any party waives any defense of sovereign immu- Federal Mediation and Conciliation Service claim, setoff, or counterclaim (including any nity. and submit a list of these mediators to the claim, setoff, or counterclaim described in SEC. 105. JOINT TRIBAL-FEDERAL-STATE COM- parties. section 103(c)) that is not subject to a nego- MISSION ON INTERGOVERNMENTAL (B) CHALLENGES.—Each party may chal- tiated settlement under this section may be AFFAIRS. lenge the selection of 1 of the mediators list- pursued by the parties or the Secretary pur- (a) IN GENERAL.—The Secretary shall estab- ed by the Secretary under subparagraph (A). suant to section 103. lish a tribal, Federal, and State commission S5224 CONGRESSIONAL RECORD — SENATE May 20, 1998 (to be known as the ‘‘Tribal-Federal-State ally thereafter, the Commission shall pre- or beyond the coverage or limits of the pol- Commission’’) (referred to in this section as pare and submit to the President, the Com- icy of insurance or equivalent coverage. the ‘‘Commission’’). mittee on Indian Affairs of the Senate, and (d) PROHIBITION.—No waiver of the sov- (b) MEMBERS.— the Committee on Resources of the House of ereign immunity of a Indian tribe under this (1) IN GENERAL.—The Commission shall be Representatives a report on the implementa- section shall include a waiver of any poten- comprised of representatives of Indian tion of this title that includes any rec- tial liability for— tribes, the States, and the Federal Govern- ommendations that the Commission deter- (1) interest that may be payable before ment. mines to be appropriate. judgment; or (2) DUTIES OF THE COMMISSION.—The Com- SEC. 106. FUNDING AND IMPLEMENTATION. (2) exemplary or punitive damages. mission shall advise the Secretary concern- (a) IN GENERAL.—With respect to any (e) PREFERENCE.—In obtaining or providing ing issues of intergovernmental concern with agreement or compact between an Indian tort liability insurance coverage for Indian respect to Indian tribes, States, and the Fed- tribe and a State, the United States, upon tribes under this section, the Secretary eral Government, including— agreement of the parties and the Secretary, shall, to the greatest extent practicable, give (A) law enforcement; may provide financial assistance to such par- preference to coverage underwritten by In- (B) civil and criminal jurisdiction; ties for costs of personnel or administrative dian-owned economic enterprises, as defined (C) taxation; expenses in an amount not to exceed 100 per- in section 3 of the Indian Financing Act of (D) transportation; cent of the costs incurred by the parties as a 1974 (25 U.S.C. 1452), except that for the pur- (E) economy development; and consequence of that agreement or compact, poses of this subsection, those enterprises (F) other matters related to a matter de- including any indirect costs of administra- may include non-profit corporations. scribed in subparagraph (A), (B), (C), (D), or tion that are attributable to the services (f) REGULATIONS.—To carry out this title, (E). performed under the agreement or compact. the Secretary shall promulgate regulations (3) PERIOD OF APPOINTMENT.—Members (b) ASSISTANCE.—The head of each Federal that— shall be appointed for the life of the Commis- agency may, to the extent allowable by law (1) provide for the amount and nature of sion. Any vacancy in the Commission shall and subject to the availability of appropria- claims to be covered by an insurance policy not affect its powers, but shall be filled in tions, provide technical assistance, material or equivalent coverage provided to an Indian the same manner as the original appoint- support, and personnel to assist States and tribe under this title; and ment. Indian tribes in the implementation of the (2) establish a schedule of premiums that (4) INITIAL MEETING.—No later than 30 days agreements or compacts entered into under may be assessed against any Indian tribe after the date on which all members of the this title. that is provided liability insurance under Commission have been appointed, the Com- TITLE II—TORT LIABILITY INSURANCE this title. mission shall hold its first meeting. SEC. 201. LIABILITY INSURANCE, WAIVER OF DE- SEC. 202. STUDY AND REPORT TO CONGRESS (5) MEETINGS.—The Commission shall meet FENSE. (a) IN GENERAL.— at the call of the Chairman. (a) TRIBAL PRIORITY ALLOCATION DE- (1) STUDY.—In order to minimize and, if (6) QUORUM.—A majority of the members of FINED.—The term ‘‘tribal priority alloca- possible, eliminate redundant or duplicative the Commission shall constitute a quorum, tion’’ means an allocation to a tribal prior- liability insurance coverage and to ensure but a lesser number of members may hold ity account of an Indian tribe by the Bureau that the provision of insurance of equivalent hearings. of Indian Affairs to allow that Indian tribe coverage under this title is cost-effective, be- (7) CHAIRMAN AND VICE CHAIRMAN.—The to establish program priorities and funding fore carrying out the requirements of section Commission shall select a Chairman and levels. 201, the Secretary shall conduct a com- Vice Chairman from among its members. (b) INSURANCE.— prehensive survey of the degree, type, and (8) POWERS.— (1) IN GENERAL.—Except as provided in adequacy of liability insurance coverage of (A) HEARINGS.—The Commission may hold paragraph (3), not later than 2 years after Indian tribes at the time of the study. such hearings, sit and act at such times and the date of enactment of this Act, the Sec- (2) CONTENTS OF STUDY.—The study con- places, take such testimony, and receive retary shall obtain or provide tort liability ducted under this subsection shall include— such evidence as the Commission considers insurance or equivalent coverage for each In- (A) an analysis of loss data; advisable to carry out the purposes of this dian tribe that receives a tribal priority allo- (B) risk assessments; section. cation from amounts made available to the (C) projected exposure to liability, and re- (B) INFORMATION FROM FEDERAL AGENCIES.— Bureau of Indian Affairs for the operation of lated matters; and The Commission may secure directly from Indian programs. (D) the category of risk and coverage in- any Federal department or agency such in- (2) COST-EFFECTIVENESS.—In carrying out volved which may include— formation as the Commission considers nec- paragraph (1), the Secretary shall— (i) general liability; essary to carry out the provisions of this Act (A) ensure that the insurance or equivalent (ii) automobile liability; section. Upon request of the Chairman of the coverage is provided in the most cost-effec- (iii) the liability of officials of the Indian Commission, the head of such department or tive manner available; and tribe; agency shall furnish such information to the (B) for each Indian tribe referred to in (iv) law enforcement liability; Commission. paragraph (1), take into consideration the (v) workers’ compensation; and (C) POSTAL SERVICES.—The Commission extent to which the tort liability is cov- (vi) other types of liability contingencies. may use the United States mails in the same ered— (3) ASSESSMENT OF COVERAGE BY CAT- manner and under the same conditions as (i) by privately secured liability insurance; EGORIES OF RISK.—For each Indian tribe de- other departments and agencies of the Fed- or scribed in section 201(a)(1), for each category eral Government. (ii) chapter 171 of title 28, United States of risk identified under paragraph (2), the (D) GIFTS.—The Commission may accept, Code (commonly referred to as the ‘‘Federal Secretary, in conducting the study, shall de- use, and dispose of gifts or donations of serv- Tort Claims Act’’) by reason of an activity of termine whether insurance coverage other ices or property. the Indian tribe in which the Indian tribe is than coverage to be provided under this title (9) COMMISSION PERSONNEL MATTERS.— acting in the same capacity as an agency of or coverage under chapter 171 of title 28, (A) COMPENSATION OF MEMBERS.—Each the United States. United States Code, applies to that Indian member of the Commission who is not an of- (3) LIMITATION.—If the Secretary deter- tribe for that activity. ficer or employee of the Federal Government mines that an Indian tribe, described in (b) REPORT.—Not later than 3 years after shall be compensated for each day (including paragraph (1), has obtained liability insur- the date of enactment of this Act, and annu- travel time) during which such member is ance in an amount and of the type that the ally thereafter, the Secretary shall submit a engaged in the performance of the duties of Secretary determines to be appropriate by report to Congress concerning the implemen- the Commission. All members of the Com- the date specified in paragraph (1), the Sec- tation of this title, that contains any legisla- mission who are officers or employees of the retary shall not be required to provide addi- tive recommendations that the Secretary de- United States shall serve without compensa- tional coverage for that Indian tribe. termines to be appropriate to improve the tion in addition to that received for their (c) REQUIREMENTS.—A policy of insurance provision of insurance of equivalent coverage services as officers or employees of the or a document for equivalent coverage under to Indian tribes under this title, or otherwise United States. subsection (a)(1) shall— achieves the goals and objectives of this (B) TRAVEL EXPENSES.—The members of (1) contain a provision that the insurance title. the Commission shall be allowed travel ex- carrier shall waive any right to raise as a de- penses, including per diem in lieu of subsist- fense the sovereign immunity of an Indian By Mr. CAMPBELL: ence, at rates authorized for employees of tribe with respect to an action involving tort S. 2098. A bill to preserve the sov- agencies under subchapter I of chapter 57 of liability of that Indian tribe, but only with ereignty of the United States over pub- title 5, United States Code, while away from respect to tort liability claims of an amount lic lands and acquired lands owned by and nature covered under the insurance pol- their homes or regular places of business in the United States, and to preserve the performance of services for the Commis- icy or equivalent coverage offered by the in- sion. surance carrier; and State sovereignty and private property (c) REPORT.—Not later than 2 years after (2) not waive or otherwise limit the sov- rights in non-Federal lands surround- the date of enactment of this Act, and annu- ereign immunity of the Indian tribe outside ing those public lands and acquired May 20, 1998 CONGRESSIONAL RECORD — SENATE S5225 lands; to the Committee on Energy and ple. Rather, it is an encroachment by authority of the Congress to make rules and Natural Resources. the Executive branch on congressional regulations respecting these lands. (b) PURPOSE.—The purposes of this Act are AMERICAN LAND SOVEREIGNTY PROTECTION ACT authority. the following: Mr. CAMPBELL. Mr. President, as a As policymaking authority is further (1) To reaffirm the power of the Congress strong supporter of American public centralized at the executive branch under article IV, section 3, of the Constitu- lands and private property rights, I am level, the role of ordinary citizens in tion over international agreements which concerned about the setting aside of the making of this policy through their concern disposal, management, and use of public lands by the federal government elected representatives is diminished. lands belonging to the United States. for international agreements and over- The administration has allowed some (2) To protect State powers not reserved to sight. The absence of congressional of America’s most symbolic monu- the Federal Government under the Constitu- tion from Federal actions designating lands oversight in such programs as the ments of freedom, such as the Statue of pursuant to international agreements. United Nations Biosphere Reserve is of Liberty and Independence Hall to be (3) To ensure that no United States citizen special concern to me. The United Na- listed as World Heritage Sites. Fur- suffers any diminishment or loss of individ- tions has designated 47 ‘‘Biosphere Re- thermore the United Nations has listed ual rights as a result of Federal actions des- serves’’ in the United States which national parks including Yellowstone ignating lands pursuant to international contain a total area greater than the National Park—our nation’s first na- agreements for purposes of imposing restric- size of my home state of Colorado. tional park. tions on use of those lands. That is why today I introduce compan- Federal legislation is needed to re- (4) To protect private interests in real property from diminishment as a result of ion legislation to H.R. 901, the Amer- quire the specific approval of Congress Federal actions designating lands pursuant ican Land Sovereignty Protection Act, before any area within the borders of to international agreements. introduced by Representative DON United States is made part of an inter- (5) To provide a process under which the YOUNG, to preserve American sov- national land reserve. My bill reasserts United States may, when desirable, des- ereignty and halt the extension of the Congress’ constitutional role in the ignate lands pursuant to international agree- executive branch into congressional creation of rules and regulations gov- ments. constitutional authority. erning lands belonging to the United SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE We are facing a threat to our sov- States and its people. LISTING. ereignty by the creation of these land Mr. President, I ask unanimous con- Section 401 of the National Historic Preser- reserves in our public lands. I also be- sent that the text of the bill be printed vation Act Amendments of 1980 (Public Law lieve the rights of private landowners in the RECORD. 96–515; 94 Stat. 2987) is amended— must be protected if these inter- There being no objection, the bill was (1) in subsection (a) in the first sentence, national land designations are made. ordered to be printed in the RECORD, as by— follows: (A) striking ‘‘The Secretary’’ and inserting Even more disturbing is the fact the ‘‘Subject to subsections (b), (c), (d), and (e), executive branch elected to be a party S. 2098 the Secretary’’; and to this ‘‘Biosphere Reserve’’ program Be it enacted by the Senate and House of Rep- (B) inserting ‘‘(in this section referred to without the approval of Congress or resentatives of the United States of America in as the ‘Convention’)’’ after ‘‘1973’’; and the American people. The absence of Congress assembled, (2) by adding at the end the following new congressional oversight in this area is SECTION 1. SHORT TITLE. subsections: a serious concern. This Act may be cited as the ‘‘American ‘‘(d)(1) The Secretary of the Interior may In fact most of these international Land Sovereignty Protection Act’’. not nominate any lands owned by the United States for inclusion on the World Heritage land reserves have been created with SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.—Congress finds the follow- List pursuant to the Convention, unless— minimal, if any, congressional input or ing: ‘‘(A) the Secretary finds with reasonable oversight or public consultation. Con- (1) The power to dispose of and make all basis that commercially viable uses of the gress must protect individual property needful rules and regulations governing nominated lands, and commercially viable owners, local communities, and State lands belonging to the United States is vest- uses of other lands located within 10 miles of sovereignty which may be adversely ed in the Congress under article IV, section the nominated lands, in existence on the impacted economically by any such 3, of the Constitution. date of the nomination will not be adversely affected by inclusion of the lands on the international agreements. (2) Some Federal land designations made pursuant to international agreements con- World Heritage List, and publishes that find- The current system for implementing ing; international land reserves diminishes cern land use policies and regulations for lands belonging to the United States which ‘‘(B) the Secretary has submitted to the the power and sovereignty of the Con- under article IV, section 3, of the Constitu- Congress a report describing— gress to exercise its constitutional tion can only be implemented through laws ‘‘(i) natural resources associated with the power to make laws that govern lands enacted by the Congress. lands referred to in subparagraph (A); and belonging to the United States. The ex- (3) Some international land designations, ‘‘(ii) the impacts that inclusion of the ecutive branch may be indirectly such as those under the United States Bio- nominated lands on the World Heritage List sphere Reserve Program and the Man and would have on existing and future uses of the agreeing to terms of international nominated lands or other lands located with- Biosphere Program of the United Nations treaties, such as the Convention of Bio- in 10 miles of the nominated lands; and Scientific, Educational, and Cultural Organi- diversity, to which the United States is ‘‘(C) the nomination is specifically author- zation, operate under independent national ized by a law enacted after the date of enact- not a party, and one which our country committees, such as the United States Na- ment of the American Land Sovereignty Pro- has refused to ratify. tional Man and Biosphere Committee, which tection Act and after the date of publication A ‘‘Biosphere Reserve’’ is a federally- have no legislative directives or authoriza- of a finding under subparagraph (A) for the zoned and coordinated region that tion from the Congress. nomination. could prohibit certain uses of private (4) Actions by the United States in making ‘‘(2) The President may submit to the lands outside of the designated inter- such designations may affect the use and Speaker of the House of Representatives and national area. The executive branch is value of nearby or intermixed non-Federal the President of the Senate a proposal for agreeing to manage the designated lands. legislation authorizing such a nomination area in accordance with an underlying (5) The sovereignty of the States is a criti- after publication of a finding under para- cal component of our Federal system of gov- agreement which may have implica- graph (1)(A) for the nomination. ernment and a bulwark against the unwise ‘‘(e) The Secretary of the Interior shall ob- tions on non-federal land outside the concentration of power. ject to the inclusion of any property in the affected area. When residents of Arkan- (6) Private property rights are essential for United States on the list of World Heritage sas discovered a plan by the United Na- the protection of freedom. in Danger established under Article 11.4 of tions and the administration to ad- (7) Actions by the United States to des- the Convention, unless— vance a proposed ‘‘Ozark Highland Man ignate lands belonging to the United States ‘‘(1) the Secretary has submitted to the and Biosphere Reserve’’ without public pursuant to international agreements in Speaker of the House of Representatives and input, the plan was withdrawn in the some cases conflict with congressional con- the President of the Senate a report describ- stitutional responsibilities and State sov- ing— face of public pressure. This type of ereign capabilities. ‘‘(A) the necessity for including that prop- stealth tactic to accommodate inter- (8) Actions by the President in applying erty on the list; national interests does not serve the certain international agreements to lands ‘‘(B) the natural resources associated with needs and desires of the American peo- owned by the United States diminishes the the property; and S5226 CONGRESSIONAL RECORD — SENATE May 20, 1998 ‘‘(C) the impacts that inclusion of the 1 et seq.) is further amended by adding at the Traditional counterfeiters use offset property on the list would have on existing end the following new section: printing production methods that re- and future uses of the property and other ‘‘SEC. 404. (a) No Federal official may quire specialized equipment including nominate, classify, or designate any lands property located within 10 miles of the prop- printing presses, engraved printing erty proposed for inclusion; and owned by the United States and located ‘‘(2) the Secretary is specifically author- within the United States for a special, in- press plates and green ink. These coun- ized to assent to the inclusion of the prop- cluding commercial, or restricted use under terfeiters encounter a cumbersome erty on the list, by a joint resolution of the any international agreement unless such process that is messy, is harder to con- Congress after the date of submittal of the nomination, classification, or designation is ceal, and requires them to produce in report required by paragraph (1).’’. specifically authorized by law. The President large batches. ‘‘(f) The Secretary of the Interior shall may from time to time submit to the Speak- However, a rapidly growing number submit an annual report on each World Her- er of the House of Representatives and the of today’s counterfeiters are using per- itage Site within the United States to the President of the Senate proposals for legisla- sonal computers, scanners, digital im- Chairman and Ranking Minority member of tion authorizing such a nomination, classi- the Committee on Resources of the House of fication, or designation. aging software, full color copiers, and Representatives and of the Committee on ‘‘(b) A nomination, classification, or des- laser and inkjet printers. They can also Energy and Natural Resources of the Senate, ignation, under any international agree- use the Internet to instantaneously that contains for the year covered by the re- ment, of lands owned by a State or local gov- transmit the computer images needed port the following information for the site: ernment shall have no force or effect unless for counterfeiting. This technology, ‘‘(1) An accounting of all money expended the nomination, classification, or designa- which is readily available and increas- to manage the site. tion is specifically authorized by a law en- ingly affordable, enables criminals to ‘‘(2) A summary of Federal full time equiv- acted by the State or local government, re- alent hours related to management of the spectively. produce high-quality counterfeit cur- site. ‘‘(c) A nomination, classification, or des- rency in small batches and at a low ‘‘(3) A list and explanation of all non- ignation, under any international agree- cost. It is this ability for counterfeiters governmental organizations that contributed ment, of privately owned lands shall have no to easily produce in small batches that to the management of the site. force or effect without the written consent of has rendered our sentencing guidelines ‘‘(4) A summary and account of the disposi- the owner of the lands. outdated and less effective as a deter- tion of complaints received by the Secretary ‘‘(d) This section shall not apply to— rent. related to management of the site.’’. ‘‘(1) agreements established under section Our sentencing guidelines under cur- 16(a) of the North American Wetlands Con- SEC. 4. PROHIBITION AND TERMINATION OF UN- rent law are based in a world where the AUTHORIZED UNITED NATIONS BIO- servation Act (16 U.S.C. 4413); and SPHERE RESERVES. ‘‘(2) conventions referred to in section realities of offset printing required Title IV of the National Historic Preserva- 3(h)(3) of the Fish and Wildlife Improvement counterfeiters to produce in rather tion Act Amendments of 1980 (16 U.S.C. 470a– Act of 1978 (16 U.S.C. 712(2)). large batches. That reality no longer 1 et seq.) is amended by adding at the end ‘‘(e) In this section, the term ‘inter- exists. Basically, the more counterfeit the following new section: national agreement’ means any treaty, com- currency a counterfeiter got caught ‘‘SEC. 403. (a) No Federal official may pact, executive agreement, convention, bi- with, the stiffer the sentence. Using nominate any lands in the United States for lateral agreement, or multilateral agree- designation as a Biosphere Reserve under the ment between the United States or any agen- computer technology, today’s counter- Man and Biosphere Program of the United cy of the United States and any foreign en- feiters can simply print out smaller Nations Educational, Scientific, and Cul- tity or agency of any foreign entity, having batches of counterfeit currency when- tural Organization. a primary purpose of conserving, preserving, ever they want to. This allows these ‘‘(b) Any designation on or before the date or protecting the terrestrial or marine envi- criminals to effectively fly just under of enactment of the American Land Sov- ronment, flora, or fauna.’’. the radar of our sentencing guideline ereignty Protection Act of an area in the SEC. 6. CLERICAL AMENDMENT. thresholds. United States as a Biosphere Reserve under Section 401(b) of the National Historic The administration recently ac- the Man and Biosphere Program of the Preservation Act Amendments of 1980 (16 knowledged the extent of the problem. United Nations Educational, Scientific, and U.S.C. 470a–1(b)) is amended by striking Cultural Organization shall not have, and ‘‘Committee on Natural Resources’’ and in- In a March 5, 1998, letter to the U.S. shall not be given, any force or effect, unless serting ‘‘Committee on Resources’’. Sentencing Commission, Treasury Sec- the Biosphere Reserve— retary Robert E. Rubin wrote that ‘‘in- ‘‘(1) is specifically authorized by a law en- By Mr. CAMPBELL: creases in computer counterfeiting acted after that date of enactment and be- S. 2099. A bill to provide for enhanced cases represent not only a threat to our fore December 31, 2000; Federal sentencing guidelines for coun- law enforcement interests, but also se- ‘‘(2) consists solely of lands that on that terfeiting offenses, and for other pur- riously threaten the integrity of our date of enactment are owned by the United States; and poses; to the Committee on the Judici- U.S. currency. Maintaining the stabil- ‘‘(3) is subject to a management plan that ary. ity and integrity of U.S. currency is es- specifically ensures that the use of COUNTERFEITING SENTENCING ENHANCEMENT sential to preserving the benefits de- intermixed or adjacent non-Federal property ACT OF 1998 rived from the dollar’s status as a is not limited or restricted as a result of that Mr. CAMPBELL. Mr. President, world currency.’’ designation. today I introduce the Counterfeiting In response to these enhanced coun- ‘‘(c) The Secretary of State shall submit an Sentencing Enhancement Act of 1998. terfeiting techniques, the Department annual report on each Biosphere Reserve of Treasury has been redesigning our within the United States to the Chairman My bill would tighten the sentencing and Ranking Minority member of the Com- guidelines’ base offense level in rec- nation’s currency to make it harder to mittee on Resources of the House of Rep- ognition of the fact that advances in counterfeit. In addition the Secret resentatives and the Committee on Energy computer and printing technology have Service has stepped up its battle and Natural Resources of the Senate, that fundamentally changed the nature of against counterfeiters, both at home contains for the year covered by the report counterfeiting. This bill would bring and abroad. But more needs to be done. the following information for the reserve: our nation’s counterfeiting laws out of This bill is another important step to ‘‘(1) An accounting of all money expended Gutenberg’s printing press era and into toughen the penalties for counterfeit- to manage the reserve. ing. ‘‘(2) A summary of Federal full time equiv- the modern computer age. alent hours related to management of the re- Counterfeiting of our nation’s cur- Specifically, my bill strengthens the serve. rency is a serious and growing problem. sentencing guidelines so that increases ‘‘(3) A list and explanation of all non- Incidents of computer generated coun- are based on offense levels determined governmental organizations that contributed terfeiting have increased dramatically by the amount of counterfeit bills pro- to the management of the reserve. over the last three years. In 1995 only duced and a point system based on the ‘‘(4) A summary and account of the disposi- one half of one percent of counterfeit offender’s prior criminal history. Under tion of the complaints received by the Sec- U.S. currency passed were computer current law, the base offense begins retary related to management of the re- generated. with level 9 for convictions involving serve.’’. Today, just three short years later, $2,000 in counterfeit currency or less. SEC. 5. INTERNATIONAL AGREEMENTS IN GEN- ERAL. computer generated counterfeits ac- Increases in this level occur according Title IV of the National Historic Preserva- count for approximately 43 percent of to the amount of counterfeit bills over tion Act Amendments of 1980 (16 U.S.C. 470a– the counterfeits passed. $2,000. Thus a defendant’s guideline May 20, 1998 CONGRESSIONAL RECORD — SENATE S5227 range in counterfeiting cases depends ligations of the United States, as described Lehigh University. Soon after the trag- largely on the amount of counterfeit in section 2B5.1 of the Federal sentencing edy, Howard and Connie began to work inventory seized when the operation is guidelines; and on getting campus safety laws passed shut down. (2) an additional sentencing enhancement in the States and the U.S. Congress. In of not less than 2 levels, with respect to any Increases in sentencing are also de- offense described in paragraph (1) that in- fact, the campus security law enacted termined by the prior criminal history volves the use of a computer printer or a in 1990 is often referred to as the of the offender. Points are added for color photocopying machine. ‘‘Clery Bill.’’ The Clerys founded Secu- such things as: prior imprisonment; of- rity on Campus, Inc., which serves as a fenses committed while on probation, By Mr. SPECTER (for himself, watchdog of campus crime policies and parole, or supervised release; offenses Mr. MACK, and Mr. FAIRCLOTH): procedures administered by our na- committed less than two years from S. 2100. A bill to amend the Higher tion’s colleges and universities. prior release; and other misdemeanor Education Act of 1965 to increase pub- Based on continued conversations and petty offenses. lic awareness concerning crime on col- with the Clerys, it became apparent to Under current law at base offense lege and university campuses; to the me that there was a critical need for level 9, seven points are needed for the Committee on Labor and Human Re- Congressional oversight of how the De- imposition of a prison sentence of 12 to sources. partment of Education has imple- 18 months. Without these points for CAMPUS CRIME DISCLOSURE ACT OF 1998 mented the 1990 Act and whether the prior criminal history many offenders Mr. SPECTER. Mr. President, today I Department’s financial resources are simply are being released on probation. introduce the Campus Crime Disclosure adequate for enforcement of the report- I believe these sentencing guidelines Act of 1998. My legislation amends the ing requirements. On the fifth of March are too lenient and fail to address the Crime Awareness and Campus Security of this year, I held a hearing on secu- growing problem of counterfeiting. Act of 1990, rity on campus as chairman of the Sen- Therefore, my bill increases the base Educational institutions were once ate Labor, Health and Human Services offense level in section 2B5.1 of the safe havens where we sent our children. and Education Appropriations Sub- Federal Sentencing Guidelines by not Unfortunately, today we are all aware committee, to examine the Depart- less than two levels to level 11. Under of the increase in violence that has ment of Education’s enforcement of my bill, an offender would need only reached as far down as our elementary campus crime reporting requirements. four points to receive the same 12 to 18 schools to our youngest and most inno- The Assistant Secretary for Post- month sentence which previously re- cent victims. I would note that just re- secondary Education for the U.S. De- quired seven points. This relates to all cently, in the rural Pennsylvania com- partment of Education, David counterfeiting offenses to address the munity of Edinboro, a young teenager Longanecker, testified that: ‘‘Gen- overall harm counterfeiting can have lamentably shot a teacher to death at erally the issue of campus is one of the on the integrity of U.S. currency. an 8th grade graduation dance and foremost difficult areas that we have Second, my bill adds a sentencing en- wounded other students. While there is found campuses are having a difficult hancement of not less than two levels much that Congress can do to reduce time with, and it is a particular issue for counterfeiting offenses that involve violence in our society and across all for an urban institution.’’ Secretary the use of computer printer or a color levels of educational institutions, my Longanecker went on to say that side- photocopying machine. This would legislation is focused on our national walks and public lands are excluded place this new class of computer coun- commitment to improving public safe- from the Department’s current defini- terfeiters at an offense level of 13. ty on college and university campuses, tion of campus. Further, testimony at Here, an offender would need zero where young adults are often away the hearing showed that buildings points to receive the same 12 to 18 from their homes for the first time and which are used for commercial pur- month sentence. The increase in my living in unfamiliar surroundings. poses where other parts are used for bill would provide for actual prison The legislation I am introducing educational purposes do not fall within sentences in many of the cases where today builds upon the fine work of my the Department’s interpretation of previous offenders were only receiving distinguished colleagues, Representa- ‘‘campus,’’ which, my own personal probation. I believe this legislation tive GOODLING of Pennsylvania and view, is an incorrect one. As one of the clearly addresses our growing problem Senator JEFFORDS of Vermont, who as authors of the 1990 law, I believe that with counterfeiters by imposing strict- chairmen of the authorizing commit- the omission of such information vio- er sentencing penalties. tees having jurisdiction over higher lates the spirit of the law and is a dis- Mr. President, counterfeiting threat- education, have included campus crime service to parents and students, espe- ens the very underpinnings of our econ- amendments in the legislation reau- cially for parents who send their chil- omy, the American people’s confidence thorizing the Higher Education Act. dren to college in urban settings, where in the integrity and value of our na- However, I believe that their amend- commercial property such as food tion’s currency, the U.S. dollar. The ments to the 1990 Campus Security Act shops and retail stores and city streets ‘‘Counterfeiting Sentencing Enhance- do not go far enough. Accordingly, my thread through the entire campus. I be- ment Act of 1998’’ will send a clear legislation includes provisions which lieve it is preposterous to suggest that message to criminals who are even are not included in the reauthorization if a student fell victim to a crime say thinking about counterfeiting. I urge bill and are necessary to bring schools on a sidewalk which he or she was my colleagues to join in support of this into full compliance with the law, such using to get to class would go unre- legislation. as a more detailed definition of ‘‘cam- ported. Mr. President, I ask unanimous con- pus’’ and new civil penalties. The Campus Crime Disclosure Act of sent that a copy of the bill be printed Based on my experience as District 1998 clarifies the law as to what con- in the RECORD. Attorney of Philadelphia, and my fre- stitutes a college or university campus. There being no objection, the bill was quent involvement with educators and From now on, institutions would have ordered to be printed in the RECORD, as college students, I know that safety on to report to parents, students, and follows: campuses is a very serious issue. I want other members of the general public a S. 2099 to recognize one family in particular more precise assessment of the crimi- Be it enacted by the Senate and House of Rep- for helping keep me and my colleagues nal activity on campus. Specifically, a resentatives of the United States of America in informed on the important issue of campus will be interpreted to mean: Congress assembled, campus crime, Howard and Connie any building or property owned and SECTION 1. SENTENCING GUIDELINES FOR Clery, and their son Ben, of King of controlled by the institution or owned COUNTERFEITING OFFENSES. Prussia, Pennsylvania for their contin- by a student organization recognized The United States Sentencing Commission ued work on campus security policy. by the institution, any public property shall amend the Federal sentencing guide- lines to provide— As my colleagues may know, in 1988, such as sidewalks, streets, parking fa- (1) a sentencing enhancement of not less the Clerys’ daughter, Jeanne, was beat- cilities, and other thoroughfares that than 2 levels, with respect to the base level en, raped and murdered by a fellow stu- provide access to the facilities of the for offenses involving counterfeit bearer ob- dent in her campus dormitory room at institution, and any property owned or S5228 CONGRESSIONAL RECORD — SENATE May 20, 1998 controlled by the institution that is thorities or local police agencies, and of re- ‘‘(9) For purposes of reporting the statis- not in close proximity to the campus ferrals of persons for campus disciplinary ac- tics described in paragraph (1)(F), an institu- must still be reported on. The bill also tion, for the following: tion of higher education shall distinguish, by makes clear that all dormitories and ‘‘(i) Murder. means of a separate category, any criminal ‘‘(ii) Sex offenses, forcible or nonforcible. offenses, and any referrals for campus dis- residential facilities, whether on or off- ‘‘(iii) Robbery. ciplinary actions, that occur— campus, which are owned or operated ‘‘(iv) Aggravated assault. ‘‘(A) on publicly owned sidewalks, streets, by the institution, fall under the defi- ‘‘(v) Burglary. or other thoroughfares, or in parking facili- nition of campus. ‘‘(vi) Motor vehicle theft. ties, that provide immediate access to facili- My legislation gives the Secretary of ‘‘(vii) Manslaughter. ties owned by the institution and are within Education stronger enforcement au- ‘‘(viii) Larceny. the same reasonably contiguous geographic thority. Should an institution fail to ‘‘(ix) Arson. area of the institution; and report crime data, the Department of ‘‘(x) Liquor law violations, drug-related ‘‘(B) in dormitories or other residential fa- violations, and weapons violations.’’; cilities for students, or in other facilities af- Education can fine that institution up (2) by striking subparagraph (H); and filiated with the institution.’’. to $25,000. According to a study con- (3) by redesignating subparagraph (I) as SEC. 7. FINES. ducted by the General Accounting Of- subparagraph (H). Section 485(f) of the Higher Education Act fice, 63 institutions of higher education (b) CONFORMING AMENDMENTS.—Section of 1965 (20 U.S.C. 1092(f)) is amended further were in violation of the Crime Aware- 485(f) of the Higher Education Act of 1965 (20 by adding after paragraph (9) (as added by ness and Campus Security Act of 1990. U.S.C. 1092(f)) is amended— section 6) the following: Yet, the Department of Education did (1) in the matter preceding subparagraph ‘‘(10)(A) Upon determination, after reason- (A) of paragraph (4), by striking ‘‘paragraphs not take any punitive action against able notice and opportunity for a hearing, (1)(F) and (1)(H)’’ and inserting ‘‘paragraph that an institution of higher education— these institutions. The inclusion of (1)(F)’’; and fines will provide the Department with ‘‘(i) has violated or failed to carry out any (2) in paragraph (6), by striking ‘‘para- provision of this subsection or any regula- the necessary tool to ensure that all graphs (1)(F) and (1)(H)’’ and inserting ‘‘para- tion prescribed under this subsection; or schools fulfill the intention of the law. graph (1)(F)’’. ‘‘(ii) has engaged in substantial misrepre- I encourage my colleagues to join me SEC. 4. TIMELY MANNER. sentation of the nature of the institution’s in support of the Campus Crime Disclo- Section 485(f)(3) of the Higher Education activities under this subsection, sure Act of 1998 to enhance security on Act of 1965 (20 U.S.C. 1092(f)(3)) is amended by the Secretary shall impose a civil penalty campus. The bill is urgently needed to adding at the end the following: ‘‘Such re- upon the institution of not to exceed $25,000 ports shall be readily available to students for each violation, failure, or misrepresenta- steer the U.S. Department of Edu- and employees through various mediums cation in the right direction as it mon- tion. such as resident advisors, electronic mail, ‘‘(B) Any civil penalty may be com- itors crime on America’s college cam- school newspapers, and announcement post- promised by the Secretary. In determining puses. Quite simply, everyone benefits ings throughout the campus.’’. the amount of such penalty, or the amount from clear and accurate reporting of SEC. 5. DEFINITION OF CAMPUS. agreed upon in compromise, the appropriate- the risks facing college students. Subparagraph (A) of section 485(f)(5) of the ness of the penalty to the size of the institu- Mr. President, I ask unanimous con- Higher Education Act of 1965 (20 U.S.C. tion of higher education subject to the deter- sent that a copy of the text of the bill 1092(f)(5)) is amended to read as follows: ‘‘(A) mination, and the gravity of the violation, For purposes of this section the term ‘cam- be printed in the RECORD as well as a failure, or misrepresentation shall be consid- pus’ means— section-by-section analysis. ered. The amount of such penalty, when fi- ‘‘(i) any building or property owned or con- nally determined, or the amount agreed upon There being no objection, the mate- trolled by an institution of higher education in compromise, may be deducted from any rial was ordered to be printed in the within the same reasonably contiguous geo- sums owing by the United States to the in- RECORD, as follows: graphic area of the institution, including a stitution charged.’’. S. 2100 building or property owned by the institu- Be it enacted by the Senate and House of Rep- tion, but controlled by another person, such THE CAMPUS CRIME DISCLOSURE ACT OF 1998— resentatives of the United States of America in as a food or other retail vendor; SUMMARY Congress assembled, ‘‘(ii) any building or property owned or The Campus Crime Disclosure Act of 1998 controlled by a student organization recog- SECTION 1. SHORT TITLE. amends the Higher Education Act of 1965 to nized by the institution; increase public awareness concerning crime This Act may be cited as the ‘‘Campus ‘‘(iii) all public property that is within the Crime Disclosure Act of 1998’’. on college and university campuses. same reasonably contiguous geographic area Section 1. Title: ‘‘Campus Crime Disclo- SEC. 2. FINDINGS. of the institution, such as a sidewalk, a sure Act of 1998.’’ Congress makes the following findings: street, other thoroughfare, or parking facil- Section 2. Findings. (1) According to the General Accounting ity, that provides immediate access to facili- Section 3. Additional Crime Categories. Office, 63 institutions of higher education ties owned or controlled by the institution; Adds reporting requirements for offenses were in violation of the amendments made ‘‘(iv) any building or property owned, con- such as manslaughter, larceny, arson, and by the Crime Awareness and Campus Secu- trolled, or used by an institution of higher for arrests or persons referred for campus rity Act of 1990 since the enactment of such education in direct support of, or related to disciplinary action for liquor law violations, Act in 1990. The Department of Education the institution’s educational purposes, that drug-related violations, and weapons viola- has not taken punitive action against these is used by students, and that is not within tions. institutions. the same reasonably contiguous geographic Section 4. Definition of Campus. (2) The Department of Education’s inter- area of the institution; and This section responds to the Department of pretation of the statutory definition of cam- ‘‘(v) all dormitories or other student resi- Education’s interpretation of the 1990 cam- pus has enabled institutions of higher edu- dential facilities owned or controlled by the pus crime reporting law by modifying the cation to underreport the instances of crimes institution.’’. definition of campus to include: any building committed against students. SEC. 6. REPORTING REQUIREMENTS. or property owned and controlled by the in- (3) In order to improve public awareness of Section 485(f) of the Higher Education Act stitution or by a student organization recog- crimes committed on college and university of 1965 (20 U.S.C. 1092) is amended further by nized by the institution within the contig- campuses, it is essential that Congress act to adding at the end the following: uous area of the institution, any public prop- clarify existing law and to discourage under- ‘‘(8)(A) The Secretary shall report to the erty such as sidewalks, streets, parking fa- reporting of offenses covered by the amend- appropriate committees of Congress each in- cilities, and other thoroughfares that pro- ments made by the Crime Awareness and stitution of higher education that the Sec- vide access to the facilities of the institu- Campus Security Act of 1990. retary determines is not in compliance with tion, any building or property owned or con- SEC. 3. ADDITIONAL CRIME CATEGORIES. the reporting requirements of this sub- trolled by the institution that is not within (a) IN GENERAL.—Section 485(f)(1) of the section. the contiguous area but used for educational Higher Education Act of 1965 (20 U.S.C. ‘‘(B) The Secretary shall provide to an in- purposes. The bill also makes clear that all 1092(f)(1)) is amended— stitution of higher education that the Sec- dormitories and residential facilities (on or (1) by amending subparagraph (F) to read retary determines is having difficulty, or is off-campus) which are owned or operated by as follows: not in compliance, with the reporting re- the institution, fall under the definition of ‘‘(F) Statistics concerning the occurrence quirements of this subsection— campus. on campus, during the most recent calendar ‘‘(i) data and analysis regarding successful Section 5. Reporting Requirements. year, and during the 2 preceding calendar practices employed by institutions of higher Adds three additional reporting require- years for which data are available, of crimi- education to reduce campus crime; and ments: (1) the Secretary of Education must nal offenses reported to campus security au- ‘‘(ii) technical assistance. report back to Congress when schools are May 20, 1998 CONGRESSIONAL RECORD — SENATE S5229 found in noncompliance, (2) the Secretary $45 million in grants starting in fiscal strong leadership on this important shall provide technical assistance to schools year 1999 to be earmarked for lupus re- issue and I appreciate the opportunity concerning compliance with reporting re- search at NIH. This new authorization to work with them toward passage of quirements and the implementation of cam- pus security procedures, and (3) requires in- would amount to less than one-half of this legislation and the broader goal of stitutions to include in their reported statis- 1 percent of NIH’s total budget but a freer Nigeria. tics: crimes committed on public property would greatly enhance NIH’s research. Mr. President, the Nigeria Democ- such as streets and sidewalks and student Title II of the Lupus Research and racy and Civil Society Empowerment residences. Care Amendments of 1998 authorizes Act provides by law for many of the Section 6. Fines. $40 million in grants to state and local sanctions that the United States has Mandates for the first time that the Sec- retary of Education shall impose civil pen- governments as well as to nonprofit or- had in place against Nigeria for a num- alties of up to $25,000 on institutions which ganizations starting in fiscal year 1999. ber of years. It includes a ban on most fail to comply with the Act’s reporting re- These grants would support the deliv- foreign direct assistance, a ban on the quirements. ery of essential services to low-income sale of military goods and military as- individuals with lupus and their fami- sistance to Nigeria, and a ban on visas By Mr. BENNETT (for himself, lies. for top Nigerian officials. It would Ms. MOSELEY-BRAUN, and Mr. I would urge all my colleagues, Mr. allow the President to lift any of these SHELBY): President, to join Senator MOSELEY- sanctions if he is able to certify to the S. 2101. A bill to amend the Public BRAUN, Senator SHELBY, and myself in Congress that specific conditions, Health Service Act to provide for re- sponsoring this legislation to increase which I will call ‘‘benchmarks,’’ re- search and services with respect to funding available to fight lupus. garding the transition to democracy lupus; to the Committee on Labor and ∑ have taken place in Nigeria. These Human Resources. By Mr. FEINGOLD (for himself, Mr. benchmarks include free and fair demo- THE LUPUS RESEARCH AND CARE AMENDMENTS cratic elections, the release of political OF 1998 JEFFORDS, Mr. LEAHY, and Mr. prisoners, freedom of the press, the es- ∑ Mr. BENNETT. Mr. President, I rise WELLSTONE): tablishment of a functioning independ- today to introduce the Lupus Research S. 2102. A bill to promote democracy ent electoral commission, access for and Care Amendments of 1998. This leg- and good governance in Nigeria, and international human rights monitors islation would authorize additional for other purposes; to the Committee and the repeal of the many repressive funds for lupus research and grants for on Foreign Relations. decrees the Abacha regime has pressed state and local governments to support NIGERIA DEMOCRACY AND CIVIL SOCIETY the delivery of essential services to upon the Nigerian people. EMPOWERMENT ACT This legislation also provides for $37 low-income individuals with lupus and ∑ Mr. FEINGOLD. Mr. President, I in- million in development assistance over their families. The National Institute troduce a sorely needed piece of foreign three years to support democracy and of Health (NIH) spent about $33 million policy legislation, the Nigeria Democ- governance programs and the activities on lupus research last year. I believe racy and Civil Society Empowerment of the U.S. Information Agency, and that we need to increase the funds that Act of 1998. As the Ranking Democrat are available for research of this debili- mandates a larger presence for the U.S. of the Senate Subcommittee on Africa, Agency for International Development. tating disease. I have long been concerned about the Lupus is not a well-known disease, I want to emphasize that this bill au- collapsing economic and political situ- thorizes no new money. All of these nor is it well understood, yet at least ation in Nigeria. Nigeria, with its rich 1,400,000 Americans have been diag- funds would come out of existing history, abundant natural resources USAID and USIA appropriations. At nosed with lupus and many more are and wonderful cultural diversity, has either misdiagnosed or not diagnosed the same time, the bill prohibits any the potential to be an important re- at all. More Americans have lupus than U.S. resources from being used to sup- gional leader. But, sadly, it has squan- AIDS, cerebral palsy, multiple sclero- port an electoral process in Nigeria dered that potential and the good will sis, sickle-cell anemia or cystic fibro- until it is clear that any planned elec- of the world with repressive policies, sis. Lupus is a disease that attacks and tion will be free and legitimate. human rights abuses and corruption. weakens the immune system and is Importantly, my bill requires the The legislation I am introducing often life threatening. Lupus is nine President to impose additional sanc- today provides a clear framework for times more likely to affect women tions at the beginning of 1999 if he can- U.S. policy toward that troubled West than men. African-American women not certify that a free and fair election African nation. The Nigeria Democracy are diagnosed with lupus two to three has taken place by the end of 1998. times more often than Caucasian and Civil Society Empowerment Act These new sanctions, will include a ban women. Lupus is also more prevalent declares that the United States should on Nigerian participation in major among certain minority groups includ- encourage the political, economic and international sporting events, an ex- ing Latinos, Native Americans and legal reforms necessary to ensure the pansion of visa restrictions on Nigerian Asians. rule of law and respect for human officials and the submission of a report Because lupus is not well understood, rights in Nigeria and should aggres- that lists the senior officials that fall it is difficult to diagnose, leading to sively support a timely and effective under such restrictions. uncertainty on the actual number of transition to democratic, civilian gov- Finally, the bill requires the Sec- patients suffering from lupus. The ernment for the people of Nigeria. I am retary of State to submit a report on symptoms of lupus make diagnosis dif- pleased to have Senators JEFFORDS, corruption in Nigeria, including the ficult because they are sporadic and LEAHY and WELLSTONE join me as co- evidence of corruption by government imitate the symptoms of many other sponsors of this legislation. officials in Nigeria and the impact of illnesses. If diagnosed and with proper This bill draws heavily from legisla- corruption on the delivery of govern- treatment, the majority of lupus cases tion introduced in the 104th Congress ment services in Nigeria, on U.s. busi- can be controlled. Unfortunately, be- by the former chair of the Senate Sub- ness interests in Nigeria, and on Nige- cause of the difficulties in diagnosing committee on Africa, Senator Kasse- ria’s foreign policy. It would also re- lupus and inadequate research, many baum. I joined 21 other Senators as a quire that the Secretary’s report in- lupus patients suffer debilitating pain proud co-sponsor of that bill. A com- clude information on the impact on and fatigue. The resulting effects make panion measure to my bill was intro- U.S. citizens of advance fee fraud and it difficult, if not impossible, for indi- duced earlier this week in the House by other fraudulent business schemes viduals suffering from lupus to carry the distinguished chair of the House originating in Nigeria. on normal everyday activities includ- International Relations Committee, The intent of this legislation is two- ing work. Thousands of these debilitat- Mr. GILMAN of New York, and a distin- fold. First, it will send an unequivocal ing cases needlessly end in death each guished member of that Committee message to the ruling military junta in year. and of the Congressional Black Caucus, Nigeria that it’s continued disregard Title I of the Lupus Research and Mr. PAYNE of New Jersey. I commend for democracy, human rights and the Care Amendments of 1998 authorizes both of my House colleagues for their institutions of civil society in Nigeria S5230 CONGRESSIONAL RECORD — SENATE May 20, 1998 is simply unacceptable. Second, the destroyed by the recent announcement severe consequences, including new bill is a call to action to the Clinton that the fifth of the five officially sanc- sanctions as is mandated in this bill. Administration which has yet to ar- tioned parties has endorsed Gen. So I was particularly disappointed to ticulate a coherent policy on Nigeria Abacha as their candidate. Now, what hear the President remark during his that reflects the brutal political reali- was to have been a competitive presi- recent trip to Africa that General ties there. dential election has become a circus Abacha would be considered acceptable Nigeria has suffered under military referendum on Abacha himself. The by the United States if he chose to run rule for most of its nearly 40 years as general will allow an election so long in the upcoming election as a civilian. an independent nation. By virtue of its as his name is the only one on the bal- My shock at that remark was tempered size, geographic location, and resource lot. This is little more than a sorry somewhat by the efforts of numerous base, it is economically and strategi- joke on the premise of democracy! administration officials who struggled cally important both in regional and Any criticism of this so-called transi- to clarify the President’s remarks. international terms. Nigeria is critical tion process is punishable by five years They insist that the U.S. objective is to American interests. But Nigeria’s in a Nigerian prison. Reports from to support a viable transition to civil- future is being squandered by the mili- many international human rights orga- ian rule in Nigeria, but my worst fears tary government of General Sani nizations and our own State Depart- about that ominous remark by the Abacha. Abacha presides over a Nigeria ment document years of similar brutal- President have now come true. Abacha stunted by rampant corruption, eco- ity. Nigerian human rights activists and his cronies seem to believe that nomic mismanagement and the brutal and government critics are commonly the United States would consider an subjugation of its people. whisked away to secret trials before Abacha victory in the upcoming elec- The abiding calamity in Nigeria oc- military courts and imprisoned; inde- tions to be a viable, sustainable out- curs in the context of economic and po- pendent media outlets are silenced; come. Why else would the plan once litical collapse. Nigeria has the poten- workers’ rights to organize are re- touted as the basis for a democratic tial to be the economic powerhouse on stricted; and the infamous State Secu- competitive presidential election be the African continent, a key regional rity [Detention of Persons] Decree #2, downgraded into a rigged referendum political leader, and an important giving the military sweeping powers of on Abacha himself? As planned now, American trading partner, but it is arrest and detention, remains in force. the referendum will be one in which none of these things. Despite its Perhaps the most horrific example of Abacha cannot lose and the people of wealth, economic activity in Nigeria repression by the Abacha government Nigeria cannot win. continues to stagnate. Even oil reve- was the execution of human rights and Mr. President, the legislation I am nues are not what they might be, but environmental activist Ken Saro-Wiwa introducing today represents an effort they remain the only reliable source of and eight others in November 1995 on to demonstrate our horror at the con- economic growth, with the United trumped-up charges. Since that bar- tinued repression in Nigeria, to encour- States purchasing an estimated 41 per- baric spectacle, it appears the Abacha age the ruling regime to take meaning- cent of the output. government has been working even ful steps at reform, to support those Corruption and criminal activity in harder to tighten its grip on the coun- Nigerians who have worked tirelessly this military-controlled economic and try, wasting no opportunity to sub- and fearlessly for democracy and civil- political system have become common, jugate the people of Nigeria. ian rule and to move our own govern- including reports of drug trafficking Late last year, retired Major General ment toward a Nigeria policy that vig- and consumer fraud schemes that have Musa Yar’Adua, a former Nigerian vice orously reflects the best American val- originated in Nigeria and reached into president and a prominent opponent of ues. the United States, including my home General Abacha, died in state custody I urge my colleagues to support this state of Wisconsin. under circumstances that remain legislation, and I hope that we will be After the military annulled the 1993 shrouded in mystery. General able to consider it soon in the Commit- election of Moshood Abiola as Nigeria’s Yar’Adua was one of 40 people arrested tee on Foreign Relations. president—through what was consid- in 1995 during a government sweep and Mr. President, I ask unanimous con- ered by many observers to be a free and sentenced to 25 years in prison for an sent that the text of the bill be printed fair election—Chief Abiola was thrown alleged coup plot widely believed to in the RECORD. into prison, where he remains, as far as have been a pretext to silence govern- There being no objection, the bill was we know, on the pretext of awaiting ment critics. Just a few weeks ago, we ordered to be printed in the RECORD, as trial. Reliable information about his received the disturbing news that five follows: situation and condition is difficult to Nigerians had been sentenced to death S. 2102 obtain. Chief Abiola’s wife, Kudirat, by a military tribunal amid other Be it enacted by the Senate and House of Rep- was detained by authorities last year unproven accusations of coup-plotting. resentatives of the United States of America in and was later found murdered by the The Clinton Administration response Congress assembled, side of a road under circumstances that to these events has been an earnest SECTION 1. SHORT TITLE. suggest the military may have been re- muddle at best, and rudderless at This Act may be cited as the ‘‘Nigerian sponsible. worst. I welcome recent efforts to com- Democracy and Civil Society Empowerment On October 1, 1995, General Abacha plete the policy review process; in fact, Act’’. announced a so-called ‘‘transition’’ I have been pushing for its completion SEC. 2. FINDINGS AND DECLARATION OF POLICY. program whose goal was the return of for quite some time, because I feel the (a) FINDINGS.—Congress makes the fol- an elected civilian government in Nige- perceived ‘‘lack’’ of a policy with re- lowing findings: ria by October 1998. But virtually none spect to Nigeria, for the past two years (1) The continued rule of the Nigerian of the institutions essential to a free or so, has been dangerous. military government, in power since a 1993 and fair election—an independent elec- But, unfortunately, the long-awaited coup, harms the lives of the people of Nige- and oft-postponed principals’ meeting ria, undermines confidence in the Nigerian toral commission, an open registration economy, damages relations between Nigeria process, or open procedures for the par- on this issue, which finally took place and the United States, and threatens the po- ticipation of independent political par- in April, has not yielded any firm rec- litical and economic stability of West Africa. ties, for example—has been put into ommendations to the President. I have (2) The transition plan announced by the place in Nigeria. Repression continues; long urged the Administration to take Government of Nigeria on October 1, 1995, political prisoners remain in jail; the the toughest stance possible in support which includes a commitment to hold free press remains muzzled; and the fruits of democracy in Nigeria, including a and fair elections, has precluded the develop- of Nigeria’s abundant natural resources clear unequivocal statement that an ment of an environment in which such elec- electoral victory for Abacha would be tions would be considered free and fair, nor remain in the hands of Abacha’s sup- was the transition plan itself developed in a porters and cronies. totally illegitimate and unacceptable. free and open manner or with the participa- Even this flawed transition process— The regime in Nigeria must know that tion of the Nigerian people. which in its best days moved at a anything less than a transparent tran- (3) The United States Government would snail’s pace—has now been completely sition to civilian rule will be met with consider a free and fair election in Nigeria May 20, 1998 CONGRESSIONAL RECORD — SENATE S5231 one that involves a genuinely independent Shehu Sani, the Vice-Chairman of the Cam- year 2001 should be available for assistance electoral commission and an open and fair paign for Democracy. described in paragraph (2) for Nigeria. process for the registration of political par- (11) Numerous decrees issued by the mili- (2) ASSISTANCE DESCRIBED.— ties and the fielding of candidates and an en- tary government in Nigeria suspend the con- (A) IN GENERAL.—The assistance de- vironment that allows the full unrestricted stitutional protection of fundamental human scribed in this paragraph is assistance pro- participation by all sectors of the Nigerian rights, allow indefinite detention without vided to nongovernmental organizations for population. charge, revoke the jurisdiction of civilian the purpose of promoting democracy, good (4) In particular, the process of register- courts, and criminalize peaceful criticism of governance, and the rule of law in Nigeria. ing voters and political parties has been sig- the transition program. (B) ADDITIONAL REQUIREMENT.—In provid- nificantly flawed and subject to such ex- (12) As a party to the International Cov- ing assistance under this subsection, the Ad- treme pressure by the military so as to guar- enant on Civil and Political Rights (ICCPR) ministrator of the United States Agency for antee the uncontested election of the incum- and the African Charter on Human and Peo- International Development shall ensure that bent or his designee to the presidency. ples’ Rights, and a signatory to the Harare nongovernmental organizations receiving (5) The tenure of the ruling military gov- Commonwealth Declaration, Nigeria is obli- such assistance represent a broad cross-sec- ernment in Nigeria has been marked by egre- gated to grant its citizens the right to fairly tion of society in Nigeria and seek to pro- gious human rights abuses, devastating eco- conduct elections that guarantee the free ex- mote democracy, human rights, and account- nomic decline, and rampant corruption. pression of the will of the electors. able government. (6) Previous and current military re- (13) Nigeria has played a major role in re- (3) GRANTS FOR PROMOTION OF HUMAN gimes have turned Nigeria into a haven for storing elected, civilian governments in Li- RIGHTS.—Of the amounts made available for international drug trafficking rings and beria and Sierra Leone as the leading mili- fiscal years 1999, 2000, and 2001 under para- other criminal organizations. tary force within the Economic Community graph (1), not less than $500,000 for each such (7) On September 18, 1997, a social func- of West African States (ECOWAS) peace- fiscal year should be available to the United tion in honor of then-United States Ambas- keeping force, yet the military regime has States Agency for International Develop- sador Walter Carrington was disrupted by refused to allow the unfettered return of ment for the purpose of providing grants of Nigerian state security forces. This cul- elected, civilian government in Nigeria. not more than $25,000 each to support indi- minated a campaign of political intimidation (14) Despite organizing and managing the viduals or nongovernmental organizations and personal harassment against Ambas- June 12, 1993, elections, successive Nigerian that seek to promote, directly or indirectly, sador Carrington by the ruling regime. military regimes nullified that election, im- the advancement of human rights in Nigeria. (b) USIA INFORMATION ASSISTANCE.—Of (8) Since 1993, the United States and prisoned the winner a year later, and con- the amounts made available for fiscal years other members of the international commu- tinue to fail to provide a coherent expla- 1999, 2000, and 2001 under subsection (a)(1), nity have imposed limited sanctions against nation for their actions. not less than $1,000,000 for fiscal year 1999, Nigeria in response to human rights viola- (15) Nigeria has used its military and $1,500,000 for fiscal year 2000, and $2,000,000 tions and political repression. economic strength to threaten the land and (9) According to international and Nige- for fiscal year 2001 should be made available maritime borders and sovereignty of neigh- to the United States Information Agency for rian human rights groups, at least several boring countries, which is contrary to nu- hundred democracy and human rights activ- the purpose of supporting its activities in Ni- merous international treaties to which it is ists and journalists have been arbitrarily de- geria, including the promotion of greater a signatory. tained or imprisoned, without appropriate awareness among Nigerians of constitutional (b) DECLARATION OF POLICY.—Congress due process of law. democracy, the rule of law, and respect for declares that the United States should en- (10)(A) The widely recognized winner of human rights. courage political, economic, and legal re- the annulled June 6, 1993, presidential elec- (c) STAFF LEVELS AND ASSIGNMENTS OF forms necessary to ensure rule of law and re- tion, Chief Moshood K. O. Abiola, remains in UNITED STATES PERSONNEL IN NIGERIA.— spect for human rights in Nigeria and sup- detention on charges of treason. (1) FINDING.—Congress finds that staff port a timely and effective transition to (B) General Olusegun Obassanjo (rt.), levels at the office of the United States democratic, civilian government in Nigeria. who is a former head of state and the only Agency for International Development in military leader to turn over power to a SEC. 3. SENSE OF CONGRESS. Lagos, Nigeria, are inadequate. democratically elected civilian government (a) INTERNATIONAL COOPERATION.—It is (2) SENSE OF CONGRESS.—It is the sense of and who has played a prominent role on the the sense of Congress that the President Congress that the Administrator of the international stage as an advocate of peace should actively seek the cooperation of other United States Agency for International De- and reconciliation, remains in prison serving countries as part of the United States policy velopment should— a life sentence following a secret trial that of isolating the military government of Ni- (A) increase the number of United States failed to meet international standards of due geria. personnel at such Agency’s office in Lagos, process over an alleged coup plot that has (b) UNITED NATIONS HUMAN RIGHTS COM- Nigeria, from within the current, overall never been proven to exist. MISSION.—It is the sense of Congress that the staff resources of such Agency in order for (C) Internationally renowned writer, Ken President should instruct the United States such office to be sufficiently staffed to carry Saro-Wiwa, and 8 other Ogoni activists were Representative to the United Nations Com- out subsection (a); and arrested in May 1994 and executed on Novem- mission on Human Rights (UNCHR) to use (B) consider placement of personnel else- ber 10, 1995, despite the pleas to spare their the voice and vote of the United States at where in Nigeria. lives from around the world. the annual meeting of the Commission— SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE (D) Frank O. Kokori, Secretary General (1) to condemn human rights abuses in TO THE GOVERNMENT OF NIGERIA; Nigeria; and PROHIBITION ON MILITARY ASSIST- of the National Union of Petroleum and Nat- ANCE FOR NIGERIA; REQUIREMENT ural Gas Workers (NUPENG), who was ar- (2) to press for the continued renewal of TO OPPOSE MULTILATERAL ASSIST- rested in August 1994, and has been held in- the mandate of, and continued access to Ni- ANCE FOR NIGERIA. communicado since, Chief Milton G. Dabibi, geria for, the special rapporteur on Nigeria, (a) PROHIBITION ON ECONOMIC ASSIST- Secretary General of Staff Consultative As- as called for in Commission Resolution 1997/ ANCE.— sociation of Nigeria (SESCAN) and former 53. (1) IN GENERAL.—Economic assistance Secretary General of the Petroleum and Nat- (c) SPECIAL ENVOY FOR NIGERIA.—It is the (including funds previously appropriated for ural Gas Senior Staff Association sense of Congress that, because the United economic assistance) shall not be provided to (PENGASSAN), who was arrested in January States Ambassador to Nigeria, a resident of the Government of Nigeria. 1996, remains in detention without charge, both Lagos and Abuja, Nigeria, is the Presi- (2) ECONOMIC ASSISTANCE DEFINED.—As for leading demonstrations against the can- dent’s representative to the Government of used in this subsection, the term ‘‘economic celed elections and against government ef- Nigeria, serves at the pleasure of the Presi- assistance’’— forts to control the labor unions. dent, and was appointed by and with the ad- (A) means— (E) Among those individuals who have vice and consent of the Senate, the President (i) any assistance under part I of the For- been detained under similar circumstances should not send any other envoy to Nigeria eign Assistance Act of 1961 (22 U.S.C. 2151 et and who remain in prison are Christine without prior notification of Congress and seq.) and any assistance under chapter 4 of Anyanwu, Editor-in-Chief and publisher of should not designate a special envoy to Nige- part II of such Act (22 U.S.C. 2346 et seq.) (re- The Sunday Magazine (TSM), Kunle Ajibade ria without consulting Congress. lating to economic support fund); and and George Mbah, editor and assistant editor SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY (ii) any financing by the Export-Import of the News, Ben Charles Obi, a journalist AND CIVIL SOCIETY IN NIGERIA. Bank of the United States, financing and as- who was tried, convicted, and jailed by the (a) DEVELOPMENT ASSISTANCE.— sistance by the Overseas Private Investment infamous special military tribunal during (1) IN GENERAL.—Of the amounts made Corporation, and assistance by the Trade and the reason trials over the alleged 1995 coup available for fiscal years 1999, 2000, and 2001 Development Agency; and plot, the ‘‘Ogoni 21’’ who were arrested on to carry out chapter 1 of part I of the For- (B) does not include disaster relief assist- the same charges used to convict and exe- eign Assistance Act of 1961 (22 U.S.C. 2151 et ance, refugee assistance, or narcotics control cute the ‘‘Ogoni 9’’ and Dr. Beko Ransome- seq.), not less than $10,000,000 for fiscal year assistance under chapter 8 of part I of the Kuti, a respected human rights activist and 1999, not less than $12,000,000 for fiscal year Foreign Assistance Act of 1961 (22 U.S.C. 2291 leader of the pro-democracy movement and 2000, and not less than $15,000,000 for fiscal et seq.). S5232 CONGRESSIONAL RECORD — SENATE May 20, 1998

(b) PROHIBITION ON MILITARY ASSISTANCE SEC. 7. ADDITIONAL MEASURES. (2) it is in the national interests of the OR ARMS TRANSFERS.— (a) IN GENERAL.—Unless the President United States to waive the prohibition in (1) IN GENERAL.—Military assistance (in- determines and certifies to the appropriate section 5, 6, or 7, as the case may be. cluding funds previously appropriated for congressional committees by December 31, (c) CONGRESSIONAL NOTIFICATION.—Notifi- military assistance) or arms transfers shall 1998, that a free and fair presidential election cation under this subsection is written noti- not be provided to Nigeria. has occurred in Nigeria during 1998 and so fication of the determination of the Presi- (2) MILITARY ASSISTANCE OR ARMS TRANS- certifies to the appropriate committees of dent under subsection (b) provided to the ap- FERS.—The term ‘‘military assistance or Congress, the President, effective January 1, propriate congressional committees not less arms transfers’’ means— 1999— than 15 days in advance of any waiver of any (A) assistance under chapter 2 of part II (1) shall exercise his authority under sec- prohibition in section 5, 6, or 7, subject to of the Foreign Assistance Act of 1961 (22 tion 203 of the International Emergency Eco- the procedures applicable to reprogramming U.S.C. 2311 et seq.) (relating to military as- nomic Powers Act (50 U.S.C. 1702) to prohibit notifications under section 634A of the For- sistance), including the transfer of excess de- any financial transaction involving the par- eign Assistance Act of 1961 (22 U.S.C. 2394-1). fense articles under section 516 of that Act ticipation by a Nigerian national as a rep- SEC. 9. PROHIBITION ON UNITED STATES ASSIST- (22 U.S.C. 2321j); resentative of the Federal Republic of Nige- ANCE OR CONTRIBUTIONS TO SUP- ria in a sporting event in the United States; PORT OR INFLUENCE ELECTION AC- (B) assistance under chapter 5 of part II TIVITIES IN NIGERIA. (2) shall expand the restrictions in sec- of the Foreign Assistance Act of 1961 (22 (a) PROHIBITION.— tion 6 to include a prohibition on entry into U.S.C. 2347 et seq.) (relating to international (1) IN GENERAL.—No department, agency, the United States of any employee or mili- military education and training); or other entity of the United States Govern- (C) assistance under the ‘‘Foreign Mili- tary officer of the Nigerian government and ment shall provide any assistance or other tary Financing Program’’ under section 23 of their immediate families; contribution to any political party, group, the Arms Export Control Act (22 U.S.C. 2763); (3) shall submit a report to the appro- organization, or person if the assistance or or priate congressional committees listing, by contribution would have the purpose or ef- (D) the transfer of defense articles, de- name, senior Nigerian government officials fect of supporting or influencing any elec- fense services, or design and construction and military officers who are suspended from tion or campaign for election in Nigeria. services under the Arms Export Control Act entry into the United States under section 6; (2) PERSON DEFINED.—As used in para- (22 U.S.C. 2751 et seq.), including defense ar- and graph (1), the term ‘‘person’’ means any nat- ticles and defense services licensed or ap- (4) shall consider additional economic ural person, any corporation, partnership, or proved for export under section 38 of that sanctions against Nigeria. other juridical entity. Act (22 U.S.C. 2778). (b) ACTIONS OF INTERNATIONAL SPORTS (b) WAIVER.—The President may waive ORGANIZATIONS.—It is the sense of Congress the prohibition contained in subsection (a) if (c) REQUIREMENT TO OPPOSE MULTILAT- that any international sports organization in the President— ERAL ASSISTANCE.— which the United States is represented (1) determines that— (1) IN GENERAL.—The Secretary of the should refuse to invite the participation of (A) the climate exists in Nigeria for a Treasury shall instruct the United States ex- any national of Nigeria in any sporting event free and fair democratic election that will ecutive director to each of the international in the United States sponsored by that orga- lead to civilian rule; or financial institutions described in paragraph nization. (B) it is in the national interests of the (2) to use the voice and vote of the United SEC. 8. WAIVER OF PROHIBITIONS AGAINST NI- United States to do so; and States to oppose any assistance to the Gov- GERIA IF CERTAIN REQUIREMENTS (2) notifies the appropriate congressional ernment of Nigeria. MET. committees not less than 15 days in advance (2) INTERNATIONAL FINANCIAL INSTITU- (a) IN GENERAL.—The President may of the determination under paragraph (1), TIONS DESCRIBED.—The international finan- waive any of the prohibitions contained in subject to the procedures applicable to re- section 5, 6, or 7 for any fiscal year if the cial institutions described in this paragraph programming notifications under section President makes a determination under sub- are the African Development Bank, the 634A of the Foreign Assistance Act of 1961 (22 section (b) for that fiscal year and transmits International Bank for Reconstruction and U.S.C. 2394-1). Development, the International Develop- a notification to Congress of that determina- SEC. 10. REPORT ON CORRUPTION IN NIGERIA. ment Association, the International Finance tion under subsection (c). Not later than 3 months after the date of (b) PRESIDENTIAL DETERMINATION RE- Corporation, the Multilateral Investment the enactment of this Act, and annually for Guaranty Agency, and the International QUIRED.—A determination under this sub- section is a determination that— the next 5 years thereafter, the Secretary of Monetary Fund. State shall prepare and submit to the appro- (1) the Government of Nigeria— priate congressional committees, and make SEC. 6. EXCLUSION FROM ADMISSION INTO THE (A) is not harassing or imprisoning available to the public, a report on govern- UNITED STATES OF CERTAIN NIGE- human rights and democracy advocates and RIAN NATIONALS. mental corruption in Nigeria. This report individuals who criticize the government’s shall include— Notwithstanding any other provision of transition program; (1) evidence of corruption by government law, the Secretary of State shall deny a visa (B) has established a new transition proc- officials in Nigeria; to, and the Attorney General shall exclude ess developed in consultation with the pro- (2) the impact of corruption on the deliv- from the United States, any alien who is— democracy forces, including the establish- ery of government services in Nigeria; (1) a current member of the Provisional ment of a genuinely independent electoral (3) the impact of corruption on United Ruling Council of Nigeria; commission and the development of an open States business interests in Nigeria; (2) a current civilian minister of Nigeria and fair process for registration of political (4) the impact of advance fee fraud, and not on the Provisional Ruling Council; parties, candidates, and voters; other fraudulent business schemes originat- (3) a military officer currently in the (C) is providing increased protection for ing in Nigeria, on United States citizens; and armed forces of Nigeria; freedom of speech, assembly, and the media, (5) the impact of corruption on Nigeria’s (4) a person in the Foreign Ministry of including cessation of harassment of journal- foreign policy. Nigeria who holds Ambassadorial rank, ists; SEC. 11. APPROPRIATE CONGRESSIONAL COM- whether in Nigeria or abroad; (D) has released individuals who have MITTEES DEFINED. (5) a current civilian head of any agency been imprisoned without due process or for Except as provided in section 6, in this of the Nigerian government with a rank political reasons; Act, the term ‘‘appropriate congressional comparable to the Senior Executive Service (E) is providing access for independent committees’’ means— in the United States; international human rights monitors; (1) the Committee on International Rela- (6) a current civilian advisor or financial (F) has repealed all decrees and laws tions of the House of Representatives; backer of the head of state of Nigeria; that— (2) the Committee on Foreign Relations (7) a high-ranking member of the inner (i) grant undue powers to the military; of the Senate; and circle of the Babangida regime of Nigeria on (ii) suspend the constitutional protection (3) the Committees on Appropriations of June 12, 1993; of fundamental human rights; the House of Representatives and the Sen- (8) a high-ranking member of the inner (iii) allow indefinite detention without ate.∑ circle of the Shonekan interim national gov- charge, including the State of Security (De- ernment of Nigeria; tention of Persons) Decree No. 2 of 1984; or By Mrs. FEINSTEIN (for herself, (9) a civilian who there is reason to be- (iv) suspend the right of the courts to Mr. HATCH, and Mrs. BOXER): lieve is traveling to the United States for the rule on the lawfulness of executive action; S. 2103. A bill to provide protection purpose of promoting the policies of the and from personal intrusion for commercial military government of Nigeria; (G) has unconditionally withdrawn the purposes; to the Committee on the Ju- (10) a current head of a parastatal orga- Rivers State internal security task force and nization in Nigeria; or other paramilitary units with police func- diciary. (11) a spouse or minor child of any person tions from regions in which the Ogoni ethnic PERSONAL PRIVACY PROTECTION ACT described in any of the paragraphs (1) group lives and from other oil-producing Mrs. FEINSTEIN. Mr. President, through (10). areas where violence has been excessive; or today, along with the Chairman of the May 20, 1998 CONGRESSIONAL RECORD — SENATE S5233

Judiciary Committee, Senator HATCH, Second, the legislation would allow search the owner’s home, despite the and Senators BOXER and KERRY, I am civil actions to be brought against fact that the TV crew had entered the introducing the Personal Privacy Pro- those who trespass on private property property without permission, because tection Act. This legislation narrowly in order to photograph, film, or record the jury found that the intrusion was targets threatening and endangering someone for commercial purposes. In not ‘‘highly offensive’ so as to invade harassment and privacy abuses under- such cases, the bill would allow victims the owner’s privacy. taken by the stalker press. to bring suit in Federal court to re- Furthermore, existing trespass laws Freedom of the press is the bedrock cover compensatory and punitive dam- fail to protect against technological of American Democracy. But there is ages and to obtain injunctive and de- trespass using intrusive technology something wrong when a person cannot claratory relief. such as telephoto lenses and parabolic visit a loved one in the hospital, walk Furthermore, in certain specified cir- microphones aimed at bedrooms, living their child to school, or be secure in cumstances, the bill would prevent rooms, and fenced backyards in which the privacy of their own home without ‘‘technological trespass.’’ Specifically, people ought to have an expectation of being dangerously chased, provoked, or the legislation would allow a civil ac- privacy. Because trespass law requires trespassed upon by photographers try- tion where a visual or auditory en- actual physical invasion, it does not ing to capture pictures of them to sell hancement device is used to capture protect against such invasive tactics. to the tabloids. images or recordings that could not In crafting this legislation, we When people find themselves in the otherwise have been captured without worked with some of the most re- public eye due to a personal tragedy or trespassing. This provision would apply nowned Constitutional scholars and circumstances beyond their control, only to images or recordings of a per- First Amendment advocates in the na- they should not be put into personal sonal or familial activity, captured for tion, including Erwin Chemerinsky of fear of bodily injury by tabloid media commercial purposes, and only where the University of Southern California persistently chasing them. And just be- the subject had a reasonable expecta- Law School, Cass Sunstein of the Chi- cause a person makes their living on cago School of Law, and Lawrence television or in the movies should not tion of privacy. In such cases, the vic- tim would be allowed to bring suit in Lessig of Harvard Law School. At their mean they forfeit all rights to personal recommendation, we took the approach privacy. There is a line between legiti- Federal court to recover compensatory and punitive damages and to obtain in- of plugging loopholes in existing, long- mate news gathering and invasion of recognized laws prohibiting harass- privacy; between snapping a picture of junctive and declaratory relief. In the case of trespass or technological tres- ment and trespassing, rather than cre- someone in a public place and chasing ating new provisions out of whole them to the point where they fear for pass, only a civil suit by the victim cloth, in order to craft a constitutional their safety; between reporting the would be allowed; no criminal penalty bill that fully respects First Amend- news and trespassing on private prop- would be prescribed. ment and other constitutional rights. erty. Unfortunately, today that line is This legislation is needed because ex- This bill does so. The Constitutional crossed more and more frequently by isting laws fail to protect against dan- scholars concurred unanimously that an increasingly aggressive cadre of for- gerous and abusive tactics. Although this legislation is narrowly drafted to tune-seekers with cameras. existing laws may cover some in- I began the process of developing this stances of abusive harassment or tres- withstand constitutional challenge on legislation together with Senator pass by the stalker press, victims can- First Amendment, federalism, or any other grounds. BOXER more than a year ago, after not be certain of protection. Existing Mr. President, finally, I should men- meeting with members of the Screen state laws form at best a patchwork of Actors Guild and hearing about the protection, and courts often make an tion that we worked closely with Rep- abuses people suffer every day at the exception for activity undertaken os- resentative Sonny Bono on this legisla- hands of the stalker press—photog- tensibly for ‘‘news gathering’’ pur- tion prior to his untimely death, and it raphers using telephoto lenses to peer poses. was Representative Bono’s intention to into private homes, cars chasing them For example, state and local harass- introduce companion legislation in the off the road, having their children ment law are often not codified and House of Representatives. I am deeply stalked and harassed. The tragic death may require exhaustive litigation to saddened that he is not alive today to of Princess Diana last August brought enforce. These vary from state to state do so. the seriousness of the problem home and from jurisdiction to jurisdiction, I urge my colleagues to support this with a blunt force that stunned the and often do not apply in cases involv- legislation in order to protect against world. ing the media. Some statutes require invasive, harassing, and endangering This legislation is narrowly drafted. proof of an intent to harass; and courts behavior that can threaten any one of It is not aimed at, nor would it affect, in some jurisdictions may allow a us who, for whatever reason, finds him the overwhelming majority of those in broad ‘‘news gathering’’ exception. or herself in the public spotlight. I ask the media, but is specifically aimed at Similarly, reckless endangerment unanimous consent that the text of the abusive, threatening tactics employed statutes in some states prohibit reck- bill be included in the RECORD, along by some who do not respect where the lessly engaging in conduct which cre- with the letters mentioned previously. line is between what is public and what ates a substantial risk of serious phys- There being no objection, the items is private. ical injury to another person. However, were ordered to be printed in the The Personal Privacy Protection Act these laws are not uniform and their RECORD, as follows: would do two basic things. First, it application is very spotty when it S. 2103 would make it a crime, punishable by a comes to dealing with abusive media Be it enacted by the Senate and House of Rep- fine and up to a year in prison, to per- practices. resentatives of the United States of America in sistently follow or chase someone in Federal, state, and local anti-stalk- Congress assembled, order to photograph, film, or record ing ordinances often contain loopholes SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Personal them for commercial purposes, in a and generally do not apply to activities Privacy Protection Act’’. manner that causes a reasonable fear undertaken for commercial purposes. SEC. 2. FINDINGS AND PURPOSES. of bodily injury. Cases in which the The Federal anti-stalking ordinance (a) FINDINGS.—Congress makes the fol- persistent following or chasing actu- and 28 of the 49 state anti-stalking or- lowing findings: ally caused serious bodily injury would dinances—including California’s—re- (1) Individuals and their families have be punishable by up to 5 years in pris- quire proof of the criminal intent to been harassed and endangered by being per- on, and where the actions caused cause fear in order to prosecute. sistently followed or chased in a manner death, by up to 20 years in prison. The Existing state trespass laws may be that puts them in reasonable fear of bodily legislation would also allow victims of insufficient to protect an owner from injury, and in danger of serious bodily injury or even death, by photographers, such actions to bring a civil suit to re- an invasion of privacy. For example, an videographers, and audio recorders attempt- cover compensatory and punitive dam- Oregon Court of Appeals upheld a jury ing to capture images or other reproductions ages and for injunctive and declaratory verdict for a TV news crew that filmed of their private lives for commercial pur- relief. a police raid in executing a warrant to poses. S5234 CONGRESSIONAL RECORD — SENATE May 20, 1998 (2) The legitimate privacy interests of in- commerce in order to engage in the activi- States or the special maritime and terri- dividuals and their families have been vio- ties regulated by this Act, and the amend- torial jurisdiction of the United States— lated by photographers, videographers, and ments made by this Act, with the intent, ex- ‘‘(1) if death is proximately caused by audio recorders who physically trespass in pectation, and routine result of gaining ma- such harassment, shall be imprisoned not order to capture images or other reproduc- terial that is bought and sold in interstate less than 20 years and fined under this title; tions of their private lives for commercial commerce. ‘‘(2) if serious bodily injury is proxi- purposes, or who do so constructively (13) The activities regulated by this Act, mately caused by such harassment, shall be through intrusive modern visual or auditory and the amendments made by this Act, occur imprisoned not less than 5 years and fined enhancement devices, such as powerful tele- routinely in the channels of interstate com- under this title; and photo lenses and hyperbolic microphones merce, such as the persistent following or ‘‘(3) if neither death nor serious bodily that enable invasion of private areas that chasing of subjects in an inappropriate man- injury is proximately caused by such harass- would otherwise be impossible without tres- ner on public streets and thoroughfares or in ment, shall be imprisoned not more than 1 passing. airports, and the use of public streets and year, fined under this title, or both. (3) Such harassment and trespass threat- thoroughfares, interstate and international ‘‘(c) CAUSE OF ACTION.—Any person who ens not only professional public persons and airports, and travel in interstate and inter- is legally present in the United States and their families, but also private persons and national waters in order to physically or who is subjected to a violation of this sec- their families for whom personal tragedies or constructively trespass for commercial pur- tion may, in a civil action against the person circumstances beyond their control create poses. engaging in the violation, obtain any appro- media interest. (14) The activities regulated by this Act, priate relief, including compensatory dam- (4) Federal legislation is necessary to and the amendments made by this Act, sub- ages, punitive damages, and injunctive and protect individuals and their families from stantially affect interstate commerce by declaratory relief. In any civil action or pro- persistent following or chasing for commer- threatening the careers, livelihoods, and ceeding to enforce a provision of this section, cial purposes that causes reasonable fear of rights to publicity of professional public per- the court shall allow the prevailing party bodily injury, because such harassment is sons in the national and international reasonable attorney’s fees as part of the not directly regulated by applicable Federal, media, and by thrusting private persons into costs. In awarding attorney’s fees, the court State, and local statutory or common laws, the national and international media. shall include expert fees as part of the attor- because those laws provide an uneven patch- (15) The activities regulated by this Act, ney’s fees. work of coverage, and because those laws and the amendments made by this Act, sub- ‘‘(d) LIMITATION ON DEFENSES.—It is not a may not cover such activities when under- stantially affect interstate commerce by re- defense to a prosecution or civil action under taken for commercial purposes. stricting the movement of persons who are this section that— (5) Federal legislation is necessary to targeted by such activities and their fami- ‘‘(1) no image or recording was captured; prohibit and provide proper redress in Fed- lies, often forcing them to curtail travel or or eral courts for trespass and constructive appearances in public spaces, or, conversely, ‘‘(2) no image or recording was sold. trespass using intrusive visual or auditory forcing them to travel in interstate com- ‘‘(e) USE OF IMAGES.—Nothing in this sec- enhancement devices for commercial pur- merce in order to escape from abuses regu- tion may be construed to make the sale, poses, because technological advances such lated by this Act, and the amendments made transmission, publication, broadcast, or use as telephoto lenses and hyperbolic micro- by this Act. of any image or recording of the type or (b) PURPOSES.—The purposes of this Act phones render inadequate existing common under the circumstances described in this are— law and State and local regulation of such section in any otherwise lawful manner by (1) to protect individuals and their fami- trespass and invasion of privacy. any person subject to criminal charge or (6) There is no right, under the first lies against reasonable fear of bodily injury, civil liability. amendment to the Constitution of the endangerment, trespass, and intrusions on ‘‘(f) LIMITATION.—Only a person phys- United States, to persistently follow or their privacy due to activities undertaken in ically present at the time of, and engaging or chase another in a manner that creates a connection with interstate and international assisting another in engaging in, a violation reasonable fear of bodily injury, to trespass, commerce in reproduction and broadcast of of this section is subject to criminal charge or to constructively trespass through the use their private activities; or civil liability under this section. A person of intrusive visual or auditory enhancement (2) to protect interstate commerce af- shall not be subject to such charge or liabil- devices. fected by such activities, including the inter- ity by reason of the conduct of an agent, em- (7) This Act, and the amendments made state commerce of individuals who are the ployee, or contractor of that person or be- by this Act, do not in any way regulate, pro- subject of such activities; and cause images or recordings captured in viola- hibit, or create liability for publication or (3) to establish the right of private par- broadcast of any image or information, but ties injured by such activities, as well as the tion of this section were solicited, bought, rather use narrowly tailored means to pro- Attorney General of the United States and used, or sold by that person. hibit and create liability for specific dan- State attorneys general in appropriate cases, ‘‘(g) LAW ENFORCEMENT EXEMPTION.—The gerous and intrusive activities that the Fed- to bring actions for appropriate relief. prohibitions of this section do not apply with eral Government has an important interest SEC. 3. CRIMINAL OFFENSE. respect to official law enforcement activi- in preventing, and ensure a safe and secure (a) IN GENERAL.—Chapter 89 of title 18, ties. private realm for individuals against intru- United States Code, is amended by adding at ‘‘(h) SAVINGS.—Nothing in this section sion, which the Federal Government has an the end the following: shall be taken to preempt any right or rem- edy otherwise available under Federal, State important interest in ensuring. ‘‘§ 1822. Harassment for commercial purposes or local law.’’. (8) This Act protects against unwar- ‘‘(a) DEFINITIONS.—In this section: ranted harassment, endangerment, invasion (b) TECHNICAL AMENDMENT.—The analysis ‘‘(1) FOR COMMERCIAL PURPOSES.— for chapter 89 of title 18, United States Code, of privacy, and trespass in an appropriately ‘‘(A) IN GENERAL.—The term ‘for commer- narrowly tailored manner without abridging is amended by adding at the end the follow- cial purposes’ means with the expectation of ing: the exercise of any rights guaranteed under sale, financial gain, or other consideration. the first amendment to the Constitution of ‘‘(B) RULE OF CONSTRUCTION.—For pur- the United States, or any other provision of poses of this section, a visual image, sound ‘‘1822. Harassment for commercial pur- law. recording, or other physical impression shall poses.’’. (9) Congress has the affirmative power not be found to have been, or intended to SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL under section 8 of article I of the Constitu- have been, captured for commercial purposes PURPOSES. tion of the United States to enact this Act. unless it was intended to be, or was in fact, (a) DEFINITION OF FOR COMMERCIAL PUR- (10) Because this Act regulates only con- sold, published, or transmitted in interstate POSES.— duct undertaken in order to create products or foreign commerce, or unless the person at- (1) IN GENERAL.—In this section, the term intended to be and routinely transmitted, tempting to capture such image, recording, ‘for commercial purposes’ means with the ex- bought, or sold in interstate or foreign com- or impression moved in interstate or foreign pectation of sale, financial gain, or other merce, or persons who travel in interstate or commerce in order to capture such image, consideration. foreign commerce in order to engage in regu- recording, or impression. (2) RULE OF CONSTRUCTION.—For purposes lated conduct, the Act is limited properly to ‘‘(2) HARASSES.—The term ‘harasses’ of this section, a visual image, sound record- regulation of interstate or foreign com- means persistently physically follows or ing, or other physical impression shall not be merce. chases a person in a manner that causes the found to have been, or intended to have been, (11) Photographs and other reproductions person to have a reasonable fear of bodily in- captured for commercial purposes unless it of the private activities of persons obtained jury, in order to capture by a visual or audi- was intended to be, or was in fact, sold, pub- through activities regulated by this Act, and tory recording instrument any type of visual lished, or transmitted in interstate or for- the amendments made by this Act, are rou- image, sound recording, or other physical eign commerce, or unless the person at- tinely reproduced and broadcast in inter- impression of the person for commercial pur- tempting to capture such image, recording, state and international commerce. poses. or impression moved in interstate or foreign (12) Photographers, videographers, and ‘‘(b) PROHIBITION AND PENALTIES.—Who- commerce in order to capture such image, audio recorders routinely travel in interstate ever harasses any person within the United recording, or impression. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5235

(b) TRESPASS FOR COMMERCIAL PURPOSES UNIVERSITY OF CHICAGO LAW SCHOOL, movie star or an ordinary person in Califor- AND INVASION OF LEGITIMATE INTEREST IN Chicago, IL, April 30, 1998. nia, the potential profits are national, and it PRIVACY FOR COMMERCIAL PURPOSES.— Hon. DIANNE FEINSTEIN, is the national nature of the profits that (1) TRESPASS FOR COMMERCIAL PUR- Senate Judiciary Committee, Technology, Ter- makes such behavior so likely. In addition, POSES.—It shall be unlawful to trespass on rorism, and Government Information Sub- the nature of the harm tends to involve private property in order to capture any type committee, Washington, DC. interstate activity, with movement of people of visual image, sound recording, or other DEAR SENATOR FEINSTEIN: This is in re- and products across state lines to procure physical impression of any person for com- sponse to a request for my views on issues of the relevant photograph (when a photograph mercial purposes. federalism raised by the current effort to is involved). If both profits and harms were (2) INVASION OF LEGITIMATE INTEREST IN prevent harassment and invasion of privacy limited to a single state, it might make PRIVACY FOR COMMERCIAL PURPOSES.—It shall by certain photographers and journalists. In more sense to say that each state can handle be unlawful to capture any type of visual brief: From the standpoint of the constitu- the problem on its own. But since both prof- image, sound recording, or other physical tional structure, I believe that these efforts its and harms are national in character, it is impression for commercial purposes of a per- reflect an entirely legitimate exercise of na- far less likely that states are able to do so, sonal or familial activity through the use of tional power. I spell out those reasons in as actual practice has tended to show. a visual or auditory enhancement device, short compass here. I conclude that there is no legal objection even if no physical trespass has occurred, if— There can be no doubt that in its current to the bill from the standpoint of federalism. (A) the subject of the image, sound re- form, the proposal is constitutional under I also conclude that the bill fits well within cording, or other physical impression has a the commerce clause. Each of the provisions proper practice from the standpoint of main- reasonable expectation of privacy with re- is carefully drafted to apply if and only if taining Congress’ limited place in the federal spect to the personal or familial activity there is a clear nexus with interstate com- structure. In short, this is a national prob- captured; and merce. Thus under existing law, the con- lem calling for a national response. (B) the image, sound recording, or other stitutional question is a simple one, and Sincerely, physical impression could not have been cap- there is no plausible basis for legal objec- CASS R. SUNSTEIN. tured without a trespass if not produced by tion. the use of the enhancement device. The more plausible objection is not about HARVARD LAW SCHOOL, technical law but about the spirit of the fed- Cambridge, MA, December 7, 1997. (c) CAUSE OF ACTION.—Any person who is eral structure. A critic might claim that Hon. DIANNE FEINSTEIN, legally present in the United States who is state law already protects against certain U.S. Senate, subjected to a violation of this section may, harassing and invasive behavior, and that Washington, D.C. in a civil action against the person engaging state law, statutory or common, can easily DEAR SENATOR FEINSTEIN: I have reviewed in the violation, obtain any appropriate re- be adapted to provide stronger protections. the draft legislation entitled ‘‘The Protec- lief, including compensatory damages, puni- Since the several states are generally in the tion From Personal Intrusion for Commer- tive damages and injunctive and declaratory business of preventing against trespass and cial Purposes Act,’’ and wanted to write to relief. A person obtaining relief may be ei- threatening behavior, why should the federal express my support for legislation. In my ther or both the owner of the property or the government intervene? Isn’t this the kind of view, the legislation represents a balanced person whose visual or auditory impression problem best handled at the state level? and constitutional approach to an increas- has been captured. In any civil action or pro- These questions would be good ones if they ingly important problem. It has been draft- ceeding to enforce a provision of this section, are taken to suggest that state law could, in ed, I believe, to avoid jeopardizing First the court shall allow the prevailing party theory, take care of many of the underlying Amendment values, and has a firm constitu- reasonable attorney’s fees as part of the problems. But the questions are not good tional foundation in the Commerce Power, costs. In awarding attorney’s fees, the court ones if they are taken to suggest that in and also, in my view, in Congress’ Section shall include expert fees as part of the attor- practice, state law does, or will do, all that Five power under the Fourteenth Amend- ney’s fees. should be done. There are three important ment. points here. The draft bill proposes three changes to (d) LIMITATION ON DEFENSES.—It is not a First, state law is both highly variable and strengthen privacy protections nationally. defense to an action under this section in many places ill-defined—a complex mix- First, the statute establishes a criminal pen- that— ture of statutory and common law, a mix- alty for harassing conduct engaged in for (1) no image or recording was captured; ture that does not, in many places, give a commercial purposes. Second, the statute es- or clear signal against the kind of conduct that tablishes a civil penalty for trespass for com- (2) no image or recording was sold. the proposed legislation would ban. For ex- mercial purposes. And third, the statute es- ample, the standards for reckless (e) USE OF IMAGES.—Nothing in this sec- tablishes a civil penalty for invasions of le- endangerment are extremely variable. Nor is tion may be construed to make the sale, gitimate interests in privacy for commercial it at all clear that most state trespass law transmission, publication, broadcast, or use purposes. I consider each provision briefly prohibits the use of high-technology methods of any image or recording of the type or below. to get access to people’s private enclaves. In under the circumstances described herein in 1. Harassment for commercial purposes any otherwise lawful manner by any person state court, the common law of trespass is in subject to criminal charge or civil liability. a notorious and continuing state of flux. So The aim of this provision is to target the long as the commerce clause is satisfied, repeated and intentional chasing or follow- (f) LIMITATION.—Only a person physically there is an entirely legitimate national in- ing of a person in order to record impressions present at the time of, and engaging or as- terest in giving a clear signal that certain of that person for commercial purpose. The sisting another in engaging in, a violation of behavior is not to be tolerated amidst uncer- statute would make such conduct criminal, this section is subject to civil liability under tain and divergent state practices. and prescribes enhanced penalties if death or this section. A person shall not be subject to Second, the national government often serious bodily harm is proximately caused by such liability by reason of the conduct of an supplements or builds on state law in order such conduct. agent, employee, or contractor of that per- to give stronger deterrence. In many states, A number of points about this provision son, or because images or recordings cap- for example, there are special laws protect- are important to consider. tured in violation of this section were solic- ing against racial discrimination, environ- (1) The statute is targeting traditionally ited, bought, used, or sold by that person. mental harm, or uncompensated invasions of prohibited conduct, though more narrowly (g) LAW ENFORCEMENT EXEMPTION.—The private property. But by itself, this is not an than might ordinarily be expected. The stat- prohibitions of this section do not apply with argument that the national government ute is more narrow first because it addresses respect to official law enforcement activi- should not provide such measures as well. conduct engaged in for commercial purposes ties. Congress often acts in order to provide the only, and second because it targets chasing kind of deterrence that national law—with or following only for purposes of recording (h) SAVINGS.—Nothing in this section the availability of federal prosecutors and visual and auditory impressions. Both limi- shall be taken to preempt any right or rem- federal courts—is uniquely in a position to tations might be said to raise problems of edy otherwise available under Federal, provide. The simple truth is that harassing underinclusiveness. In both cases, however, State, or local law. and invasive practices have not been ade- no constitutional problem is presented. The first narrowing (to commercial pur- SEC. 5. SEVERABILITY. quately deterred by state law and the na- tional government can provide further pro- poses) is jurisdictionally required, as the If any provision of this Act, an amend- tection. So long as the commerce clause is conduct aimed at here is only that affecting ment made by this Act, or the application of satisfied, this is a perfectly ordinary and en- interstate commerce. Even it Congress could such provision or amendment to any person tirely acceptable exercise of national power. regulate more broadly, the choice to narrow or circumstance is held to be unconstitu- Third, it is important to see that the com- the scope of its regulation does not reveal tional, the remainder of this Act, the amend- mercial incentives for engaging in harassing any illegitimate content based purpose in se- ments made by this Act, and the application or invasive behavior are emphatically na- lectively proscribing speech conduct. See of the provisions of such to any person or tional incentives. If a photographer em- generally Elena Kagan, The Changing Faces circumstance shall not be affected thereby. ployed by the National Enquirer chases a of First Amendment Neutrality: R.A.V. v. St. S5236 CONGRESSIONAL RECORD — SENATE May 20, 1998 Paul, Rust v. Sullivan, and the Problem of historically, the Supreme Court has also sault in gathering information. Similarly, Content-Based Underinclusion, 1992 Sup. Ct. taken part in keeping the constitution up to there is an important interest in preventing Rev. 29. For the same reason, I do not believe date, translating old provisions to take ac- trespass or intrusion on to private property, the second narrowing (to visual and auditory count of current problems. But it has always physically or with technology. There is no impressions) raises any significant First done so with hesitation, since the act of up- First Amendment right for the media to Amendment concern. dating often requires political judgments trespass in gathering information. (2) This is a criminal statute, so one should that it doesn’t feel well positioned to make. Although the Supreme Court has recog- expect the courts to read the scope of pro- Far better if those judgments are made by nized that ‘‘without some protection for scribed conduct narrowly. That means that Congress. And in my view, this proposed seeking out the news, freedom of the press the statute is likely to be applied only to statute does just that. It represents an effort could be eviscerated,’’ Branzburg v. Hayes, people who intentionally engage in this form by Congress to take the lead in the protec- 408 U.S. 665, 681 (1972), the Court also consist- of conduct. I believe the statute makes that tion of privacy against the threats that ently has refused to find that the First clear, since in the definition of ‘‘harasses,’’ changing technology presents. Whatever Amendment provides the press any right to ‘‘persistently’’ modifies ‘‘follows or chases.’’ one’s view about the Court doing the same, violate the law in gathering information. That modifier will give courts adequate it is emphatically the role of Congress to The Court has explained that ‘‘the First room to narrow the statute to conduct that support this tradition of translation. Amendment does not guarantee the press a is properly within its scope. If there are other questions, I can answer, constitutional right of special access to in- (3) Finally, because the statute only pun- please don’t hesitate to contact me. formation not available to the public gen- ishes conduct which proximately causes seri- With kind regards, erally.’’ Id. at 684. No member of the public ous harm, the statute will not penalize con- LAWRENCE LESSIG. has a right to commit an assault or a tres- duct which results in serious harm, but is ac- pass; nor can the press in gathering informa- tually, or legally, ‘‘caused’’ by something USC, tion. As the Court declared in Associated else. By using the term ‘‘proximately,’’ the THE LAW SCHOOL, Press v. NLRB, 301 U.S. 103, 132–33 (1937): ‘‘The statute again invites courts to narrow the Los Angeles, CA, Nov. 26, 1997. business of the Associated Press is not im- application of the statute to cases where the Senator DIANE FEINSTEIN, mune from regulation because it is an agen- legally relevant cause of the harm is the con- U.S. Senate, cy of the press. The publisher of a newspaper duct being regulated. Washington, DC. has no special immunity from the applica- 2. Trespass for commercial purposes DEAR SENATOR FEINSTEIN: At the request of tion of general laws. He has no special privi- Mr. Richard Pfohl of your staff, I have re- The second protection for privacy added by lege to invade the rights and liberties of oth- viewed the proposed bill to prohibit harass- ers. He must answer for libel. He may be this bill is a protection against trespass for ment for commercial purposes and to create commercial purposes. While the protection punished for contempt of court. He is subject a cause of action for personal intrusion for to the anti-trust laws. Like others he must of property has traditionally been a function commercial purposes. The bill is narrowly for state regulation, the proposed statute pay equitable and nondiscriminatory taxes written and does not violate the First on his business. The regulation here in ques- limits the protection to trespasses engaged Amendment. Moreover, even in light of the in for commercial purposes, and by defini- tion has no relation whatever to the impar- Supreme Court’s decisions restricting the tial distribution of news.’’ tion, commercial purposes affecting inter- scope of Congress’ commerce power, the bill The Supreme Court expressly held that the state commerce. is likely to be upheld as within the scope of There is a long history of support for a pro- press is not exempt from general laws in congressional authority. vision such as this, especially in the context At the outset, it is important to note that Cohen v. Cowles Media Co., 501 U.S. 663 (1991). of civil rights statutes. Congress can well the bill does not prohibit anything from A newspaper published the identity of a take note of a weakness in the patchwork of being published or broadcast. Nor does it cre- source who had been promised that his name state protection against trespass, and sup- ate any liability for the publication or would not be disclosed. The Court rejected plement such protections with a federal stat- broadcast of any image or information. Both the argument that holding the newspaper ute. In my view, this statute would fit that parts of the bill expressly state: ‘‘Nothing in liable for breach of contract would violate form. this section may be construed to make the the First Amendment. The Court stressed 3. Invasions of legitimate interests in privacy for sale, transmission, publication, broadcast, or that the case involved the application of a commercial purposes use of any image or recording of the type or general law that in no way was motivated by The final section of this proposed bill pro- under the circumstances described in this a desire to interfere with the press. The tects against the invasion of ‘‘legitimate in- section in any otherwise lawful manner by Court said: ‘‘Generally applicable laws do terests in privacy’’ for commercial purposes. any person subject to criminal charge or not offend the First Amendment simply be- While I believe this provision is constitu- civil liability.’’ cause their enforcement against the press tional, it is the most innovative of the three, These provisions are reinforced by sections has incidental effects on its ability to gather and deserves special attention. in both parts of the bill that limit liability and report the news. [E]nforcement of such The interesting aspect of this statute is its to those ‘‘physically present at the time of, general laws against the press is not subject method for specifying the type of invasion and engaging or assisting another in engag- to stricter scrutiny than would be applied to that is not permitted. The baseline for the ing in violation of this section.’’ No liability enforcement against other persons or organi- statute’s protection is the common law pro- is allowed ‘‘because images or recordings zations.’’ Id. at 669–70. tection against trespass. Historically, tres- captured in violation of this section were so- The bill prohibits anyone from persistently pass law was the foundation of our privacy licited, bought, used, or sold by that per- following another in a manner that reason- jurisprudence, and this statute is faithful to son.’’ ably creates fear of bodily injury or commit- that tradition. I emphasize these provisions because they ting a trespass for purposes of capturing a The innovation in the statute is to extend make it clear that the bill does not restrict visual or auditory recording. There is no trespass law to protect interests that are in- speech or create liability for any publication First Amendment right to engage in such ac- vaded simply because of technological ad- or broadcast. Rather, the bill prohibits and tivity and no First Amendment basis for an vances—advances that make it possible to creates liability for specific dangerous and exemption to such a narrowly tailored law. capture visual and auditory impressions that intrusive activity. At most, the effect on the The other possible constitutional chal- would not have been capturable with older press is indirect in limiting certain conduct lenge to the bill would be on the ground that technologies. The statute protects tradi- in the gathering of information. it exceeds the scope of Congress’ commerce tional interests against these new tech- In general, the Supreme Court has held clause authority. From 1936 until April 26, nologies. that content-neutral laws that have the ef- 1995, the Supreme Court did not find one fed- In a sense, the statute aims at translating fect of restricting speech must meet inter- eral law unconstitutional as exceeding the our traditional protections of privacy into a mediate scrutiny; that is, they must be scope of Congress’ commerce power. Then in context where technology has given eaves- shown to be substantially related to an im- United States v. Lopez, 115 S.Ct. 1624 (1995), droppers a power that they would not origi- portant government purpose. Turner Broad- the Supreme Court declared unconstitu- nally have had. cast System v. Federal Communication Commis- tional the Gun-Free School Zones Act of 1990 In my view, such an effort by Congress is sion, 114 S.Ct. 2445, 2458 (1994). Although I which made it a federal crime to have a gun important, and laudable. It is important be- think that there is a strong argument that within 1,000 feet of a school. After reviewing cause we should not allow constitutional the bill does not restrict speech at all, even the history of decisions under the commerce rights to be hostage to technology. If tech- if a court found that it did, intermediate clause, the Court identified three types of ac- nology advances, jeopardizing our constitu- scrutiny would be met. The government has tivities that Congress can regulate under tional protections, then it is appropriate to an important interest in stopping persist- this power. First, Congress can ‘‘regulate the adjust rights to compensate for changes in ently physically following or chasing a per- use of the channels of interstate commerce.’’ technology. See Lawrence Lessig, Reading son ‘‘in a manner that causes the person to Id. at 1629. Second, the Court said that Con- the Constitution in Cyberspace, 45 Emory L. have a reasonable fear of bodily injury.’’ gress may regulate persons or things in J. 869, 871–75 (1996). This is simply an extension of the prohibi- interstate commerce and ‘‘to protect the in- More importantly, it is laudable that Con- tion of assaults; there is no First Amend- strumentalities of interstate commerce.’’ 115 gress take the lead in this process. Of course ment right for the media to engage in an as- S.Ct. at 1629. Finally, the Court said that May 20, 1998 CONGRESSIONAL RECORD — SENATE S5237 Congress may ‘‘regulate those activities hav- Moreover, the bill is directed at action, not ADDITIONAL COSPONSORS ing a substantial relation to interstate com- at speech itself; speech itself is left unregu- merce.’’ Id. at 1629–30. lated by the bill. In a way the constitutional S. 249 The bill is limiting to regulating commer- attack on the bill amounts to a claimed first At the request of Mr. D’AMATO, the cial activity in that it prohibits and creates amendment right of access to private arenas names of the Senator from Massachu- liability for ‘‘harrassment for commercial and to information a right that the Court setts [Mr. KERRY] and the Senator from purposes’’ and ‘‘trespass and invasion of le- has generally denied. See Pell v. Procunier, Oregon [Mr. SMITH] were added as co- gitimate interest in privacy for commercial 417 U.S. 817 (1974); Houchins v. KQED, 438 sponsors of S. 249, a bill to require that purposes.’’ Commercial purposes is defined U.S. 1 (1978); Pruneyard Shopping Center v. health plans provide coverage for a as activity ‘‘with the expectation of sale, fi- Robins, 447 U.S. 74 (1980). nancial gain, or other consideration.’’ In minimum hospital stay for To be sure, this is not the end of the mat- Lopez, the Court emphasized the absence of mastectomies and lymph node dissec- ter: A content-neutral restriction on action commercial activity in the law or its appli- tion for the treatment of breast cancer, may create constitutional problems if the cation. coverage for reconstructive surgery fol- Moreover, the bill fits within the cat- action would result in restrictions on the production of speech, as this bill would un- lowing mastectomies, and coverage for egories articulated in Lopez. Through fact- secondary consultations. finding, Congress should be able to document doubtedly do. Imagine, for example, a law that those who engaged in such activity are that defined ‘‘trespass’’ to include any effort S. 472 engaged in interstate commerce. This, too, is to take photographs near the White House or At the request of Mr. CRAIG, the different from Lopez, where the Court stress the Supreme Court. Cf. United States v. name of the Senator from Connecticut Kokinda, 497 U.S. 720 (1990). In assessing the the lack of any evidence linking the prohib- [Mr. LIEBERMAN] was added as a co- ited conduct to interstate commerce. validity of such a restriction, some relevant questions are whether the restriction is jus- sponsor of S. 472, a bill to provide for Please let me know if I can be of further referenda in which the residents of assistance. tified by sufficient government interests, Sincerely, whether there are less restrictive alter- Puerto Rico may express democrat- ERWIN CHEMERINSKY. natives for protecting those interests, and ically their preferences regarding the whether the restriction on the production of political status of the territory, and for UNIVERSITY OF CHICAGO LAW SCHOOL, speech is small or large. See id. In most other purposes. cases covered by the bill, the restriction Chicago, IL, Nov. 24, 1997. S. 882 Senator DIANNE FEINSTEIN, would be amply justified. If a photographer At the request of Mrs. BOXER, the Senate Judiciary Committee, has chased someone in such a way as to Technology, Terrorism, and Government Infor- produce a reasonable fear of bodily injury, name of the Senator from Massachu- mation Subcommittee, Washington, DC. the government has a strong reason to pro- setts [Mr. KENNEDY] was added as a co- DEAR SENATOR FEINSTEIN: This letter is in vide protection, and the bill is a narrow tai- sponsor of S. 882, a bill to improve aca- response to your request for my views on the lored means of doing so. Thus section 2, add- demic and social outcomes for students constitutionally of the proposed statute de- ing the new criminal offense, seems on firm by providing productive activities dur- signed to protect against harassment and in- ground. ing after school hours. vasion of privacy by exploitative photog- Section 4 is designed to ensure that pho- S. 1021 raphers, sound recorders, and film crews. The tographers do not engage in trespasses, or bill would create a new federal criminal and the equivalent of trespasses, in order to in- At the request of Mr. HAGEL, the civil offense and two additional grounds for vade people’s privacy without their consent. name of the Senator from Tennessee federal civil liability. I believe that the bill This section is also supported by the strong [Mr. FRIST] was added as a cosponsor of is constitutional as drafted. Here is a brief government interest in ensuring that people S. 1021, a bill to amend title 5, United analysis of the legal issues. have a secure private realm, one into which States Code, to provide that consider- The first question is whether the federal those using the channels of interstate com- ation may not be denied to preference government has the authority to enact a merce do not enter without consent. In most measure of this kind. The most likely can- eligibles applying for certain positions of its applications, section 4 is also likely to in the competitive service, and for didate is the commerce clause. Under the be constitutional. Assume, for example, that commerce clause, the federal government a photographer has trespassed into the pri- other purposes. does have this authority, especially in light vate property of a movie star in order to S. 1194 of the fact that the bill, as written, requires take pictures of a dinner or a romantic en- At the request of Mr. D’AMATO, his a clear connection between the interstate counter. Since the images are themselves un- name was withdrawn as a cosponsor of commerce and the harassing and invasive ac- regulated (see section 4(d)), the government S. 1194, a bill to amend title XVIII of tion. See the rules of construction in sec- almost certainly has sufficient grounds to tions 2 and 4. In fact this connection is the Social Security Act to clarify the forbid this kind of behavior, a trespass at right of medicare beneficiaries to enter stronger than that in several of the cases in common law. Although the Supreme Court which the Court has upheld congressional ac- has subjected some common law rules to into private contracts with physicians tion under the commerce clause. See first amendment limitations, it has never and other health care professionals for Wickard v. Filburn, 317 U.S. 111 (1942); United held that the law of trespass, even though it the provision of health services for States v. Darby, 312 U.S. 100 (1941). United restricts activity that would produce speech, which no payment is sought under the States v. Lopez, 115 S. Ct. 1624 (1995), is not generally raises constitutional questions. medicare program. to the contrary, for in that case, Congress Thus I conclude that section 4 is constitu- S. 1252 did not require any connection between tional in most of its likely applications. interstate commerce and the prohibited pos- At the request of Mr. D’AMATO, the session of firearms on or near school prop- There are some contexts in which harder name of the Senator from Indiana [Mr. questions might be raised. Assume, for exam- erty. It is conceivable that the bill might be COATS] was added as a cosponsor of S. ple, that a presidential candidate is engaged challenged in some cases in which a photog- 1252, a bill to amend the Internal Reve- rapher did not move in interstate commerce in unlawful activity on private property, and that a journalist and a photographer have nue Code of 1986 to increase the and did not sell anything in interstate com- amount of low-income housing credits merce but intended to do so (see the rules of used technological devices in order to obtain construction). But under the cases cited a record of that activity. Under section which may be allocated in each State, above, its probably constitutional even 4(b)(2), there has been a kind of federal tort, and to index such amount for inflation. giving rise of compensatory and punitive under such circumstances, because the pho- S. 1298 tographer would be part of a ‘‘class’’ of par- damages. It is possible that the special first amendment liability in such cases. Cf. New At the request of Mr. SHELBY, the ticipants in interstate commerce. name of the Senator from Alabama The second question is whether the bill York Times v. Sullivan, 376 U.S. 254 (1964). violates the first amendment. Here it is im- Thus a series of cases might be imagined in [Mr. SESSIONS] was added as a cospon- portant to distinguish between a constitu- which section 4, and conceivably even sec- sor of S. 1298, a bill to designate a Fed- tional challenge to the bill ‘‘on its face’’ and tion 2, would give rise to a reasonable con- eral building located in Florence, Ala- a challenge to the bill ‘‘as applied.’’ I believe stitutional challenge as applied. This is true, bama, as the ‘‘Justice John McKinley that a facial challenge would fail. The bill is however, of a large range of generally per- Federal Building.’’ missible statutes; the question for present content neutral, see Turner Broadcasting S. 1459 Inc. v. FCC, 114 S. Ct. 2445 (1994); its prohibi- purposes is whether the bill would be con- At the request of Mr. GRASSLEY, the tions apply regardless of the particular con- stitutional on its face. I conclude that it tent of the underlying material. This is espe- would be. name of the Senator from Washington cially important, since the Court treats con- I hope that these brief remarks are helpful. [Mrs. MURRAY] was added as a cospon- tent-neutral restrictions more hospitably Sincerely, sor of S. 1459, a bill to amend the Inter- than content-based restrictions. See id. CASS R. SUNSTEIN. nal Revenue Code of 1986 to provide a 5- S5238 CONGRESSIONAL RECORD — SENATE May 20, 1998 year extension of the credit for produc- BENNETT] was added as a cosponsor of (42 U.S.C. 1396r—4(f)(2)) is amended in the ing electricity from wind and closed- S. 2007, a bill to amend the false claims item relating to Wyoming, in the case of fis- loop biomass. provisions of chapter 37 of title 31, cal years 2000, 2001, and 2002, by striking ‘‘0’’ each place in appears with respect to those S. 1677 United States Code. fiscal years and inserting ‘‘0.191’’. S. 2078 At the request of Mr. CHAFEE, the (b) EFFECTIVE DATE.—The amendments name of the Senator from Massachu- At the request of Mr. GRASSLEY, the made by subsection (a) shall take effect as if setts [Mr. KERRY] was added as a co- names of the Senator from Montana included in the enactment of section 4721 of sponsor of S. 1677, a bill to reauthorize [Mr. BURNS], the Senator from Califor- the Balanced Budget Act of 1997 (Public Law the North American Wetlands Con- nia [Mrs. FEINSTEIN], and the Senator 105–33; 111 Stat. 511). servation Act and the Partnerships for from Missouri [Mr. BOND] were added Wildlife Act. as cosponsors of S. 2078, a bill to amend AMENDMENT NO. 2432 S. 1864 the Internal Revenue Code of 1986 to At the appropriate place, insert the follow- At the request of Ms. MIKULSKI, the provide for Farm and Ranch Risk Man- ing: name of the Senator from South Da- agement Accounts, and for other pur- SEC. ll. CERTAIN HEALTH CLINICS PERMITTED TO PARTICIPATE IN A MEDICARE kota [Mr. JOHNSON] was added as a co- poses. RURAL HOSPITAL FLEXIBILITY PRO- sponsor of S. 1864, a bill to amend title SENATE CONCURRENT RESOLUTION 94 GRAM. XVIII of the Social Security Act to ex- At the request of Mr. ABRAHAM, the (a) IN GENERAL.—Section 1820(c)(2) of the clude clinical social worker services name of the Senator from Minnesota Social Security Act (42 U.S.C. 1395i—4(c)(2)) from coverage under the medicare [Mr. WELLSTONE] was added as a co- (as amended by section 4201(a) of the Bal- skilled nursing facility prospective sponsor of Senate Concurrent Resolu- anced Budget Act of 1997 (Public Law 105–33; payment system. tion 94, A concurrent resolution sup- 111 Stat. 370)) is amended— porting the religious tolerance toward (1) in subparagraph (B)(i), by striking S. 1868 ‘‘public hospital’’ and inserting ‘‘public hos- At the request of Mr. NICKLES, the Muslims. pital, or a health clinic described in subpara- name of the Senator from Indiana [Mr. SENATE RESOLUTION 210 graph (C),’’; and COATS] was added as a cosponsor of S. At the request of Mr. WARNER, the (2) by adding at the end the following: 1868, a bill to express United States for- name of the Senator from Louisiana ‘‘(C) HEALTH CLINIC DESCRIBED.—A health eign policy with respect to, and to [Ms. LANDRIEU] was added as a cospon- clinic described in this subparagraph is a strengthen United States advocacy on sor of Senate Resolution 210, a resolu- health clinic that— behalf of, individuals persecuted for tion designating the week of June 22, ‘‘(i) operated as a hospital prior to 1993; 1998 through June 28, 1998 as ‘‘National and their faith worldwide; to authorize ‘‘(ii) is located in a State that promugated United States actions in response to re- Mosquito Control Awareness Week.’’ rules for medical assistance facilities on ligious persecution worldwide; to es- AMENDMENT NO. 2393 July 15, 1997.’’. tablish an Ambassador at Large on At the request of Mr. BROWNBACK the (b) EFFECTIVE DATE.—The amendments International Religious Freedom with- names of the Senator from Missouri made by subsection (a) shall take effect as if in the Department of State, a Commis- [Mr. ASHCROFT], the Senator from Wyo- included in the enactment of the Balanced sion on International Religious Perse- ming [Mr. ENZI], the Senator from Budget Act of 1997 (Public Law 105–33; 111 cution, and a Special Adviser on Inter- North Carolina [Mr. HELMS], the Sen- Stat. 251). national Religious Freedom within the ator from North Carolina [Mr. FAIR- National Security Council; and for CLOTH], the Senator from Oklahoma GREGG (AND LEAHY) AMENDMENT other purposes. [Mr. INHOFE], and the Senator from NO. 2433 S. 1890 Alabama [Mr. SESSIONS] were added as Mr. GREGG (for himself and Mr. At the request of Mr. DASCHLE, the cosponsors of amendment No. 2393 in- LEAHY) proposed an amendment to the name of the Senator from Nevada [Mr. tended to be proposed to S. 2057, an bill, S. 1415, supra; as follows: REID] was added as a cosponsor of S. original bill to authorize appropria- In title XIV, strike section 1406 and all 1890, a bill to amend the Public Health tions for the fiscal year 1999 for mili- that follows through section 1412 and insert Service Act and the Employee Retire- tary activities of the Department of the following: ment Income Security Act of 1974 to Defense, for military construction, and SEC. 1406. RESOLUTION OF AND LIMITATIONS ON protect consumers in managed care for defense activities of the Depart- CIVIL ACTIONS. plans and other health coverage. ment of Energy, to prescribe personnel (a) STATE ATTORNEY GENERAL ACTIONS.— strengths for such fiscal year for the (1) PENDING CLAIMS.—With respect to a S. 1891 Armed Forces, and for other purposes. State, to be eligible to receive payments At the request of Mr. DASCHLE, the from the State Litigation Settlement Ac- f name of the Senator from Nevada [Mr. count, the attorney general for such State REID] was added as a cosponsor of S. AMENDMENTS SUBMITTED shall resolve any civil action seeking recov- 1891, a bill to amend the Internal Reve- ery for expenditures attributable to the nue Code of 1986 to protect consumers treatment of tobacco related illnesses and in managed care plans and other health NATIONAL TOBACCO POLICY AND conditions that have been commenced by the coverage. YOUTH SMOKING REDUCTION ACT State against a tobacco product manufac- turer, distributor, or retailer that is pending S. 1924 on the date of enactment of this Act. At the request of Mr. MACK, the THOMAS AMENDMENTS NOS. 2431– (2) FUTURE ACTIONS BASED ON PRIOR CON- names of the Senator from New Hamp- 2432 DUCT.—With respect to a State, to be eligible shire [Mr. SMITH], the Senator from In- to receive payments from the State Litiga- diana [Mr. LUGAR], and the Senator (Ordered to lie on the table.) tion Settlement Account, the attorney gen- from North Carolina [Mr. HELMS] were Mr. THOMAS submitted two amend- eral for such State shall agree that the State added as cosponsors of S. 1924, a bill to ments intended to be proposed by him will not commence any new tobacco claim restore the standards used for deter- to the bill (S. 1415) to reform and re- after the date of enactment of this Act mining whether technical workers are structure the processes by which to- (other than to enforce the terms of a pre- bacco products are manufactured, mar- vious judgment) that is based on the conduct not employees as in effect before the of a participating tobacco product manufac- Tax Reform Act of 1986. keted, and distributed, to prevent the use of tobacco products by minors, to turer, distributor, or retailer that occurred S. 1957 prior to the date of enactment of this Act, redress the adverse health effects of to- At the request of Mr. BURNS, the seeking recovery for expenditures attrib- name of the Senator from Alabama bacco use, and for other purposes; as utable to the treatment of tobacco induced follows: [Mr. SESSIONS] was added as a cospon- illnesses and conditions against such a par- sor of S. 1957, a bill to provide regu- AMENDMENT NO. 2431 ticipating tobacco product manufacturer, latory assistance to small business At the appropriate place, insert the follow- distributor, or retailer. (3) APPLICATION TO LOCAL GOVERNMENTAL concerns, and for other purposes. ing: SEC. ll. AMENDMENT TO THE SOCIAL SECU- ENTITIES.—The requirements described in S. 2007 RITY ACT. paragraphs (1) and (2) shall apply to civil ac- At the request of Mr. COCHRAN, the (A) IN GENERAL.—The table set forth in tions commenced by or on behalf of local name of the Senator from Utah [Mr. section 1923(f)(2) of the Social Security Act governmental entities for the recovery of May 20, 1998 CONGRESSIONAL RECORD — SENATE S5239 costs attributable to tobacco-related ill- entity agreed that the enactment of any na- In title XIV, strike section 1406 and all nesses if such localities are within a State tional tobacco settlement legislation would that follows through section 1412 and insert whose attorney general has elected to re- supersede the provisions of the resolution. the following: solve claims under paragraph (1) and enter (c) ADDICTION AND DEPENDENCY CLAIMS; SEC. 1406. RESOLUTION OF AND LIMITATIONS ON into the agreement described in paragraph CASTANO CIVIL ACTIONS.— CIVIL ACTIONS. (2). Such provisions shall not apply to those (1) ADDICTION AND DEPENDENCE CLAIMS (a) STATE ATTORNEY GENERAL ACTIONS.— local governmental entities that are within a BARRED.—In any civil action to which this (1) PENDING CLAIMS.—With respect to a State whose attorney general has not re- title applies, no addiction claim or depend- State, to be eligible to receive payments solved such claims or entered into such ence claim may be filed or maintained from the State Litigation Settlement Ac- agreements. against a participating tobacco product count, the attorney general for such State (b) STATE AND LOCAL OPTION FOR ONE-TIME manufacturer. shall resolve any civil action seeking recov- OPT OUT.— (2) CASTANO CIVIL ACTIONS.— ery for expenditures attributable to the (1) IN GENERAL.—The Secretary shall estab- (A) IN GENERAL.—The rights and benefits treatment of tobacco related illnesses and lish procedures under which the attorney afforded in section 221 of this Act, and the conditions that have been commenced by the general of a State may, not later than 1 year various research activities envisioned by this State against a tobacco product manufac- after the date of enactment of this Act, elect Act, are provided in settlement of, and shall turer, distributor, or retailer that is pending not to resolve an action described in sub- constitute a remedy for the purpose of deter- on the date of enactment of this Act. section (a)(1) or not to enter into an agree- mining civil liability as to those addiction or (2) FUTURE ACTIONS BASED ON PRIOR CON- ment under subsection (a)(2). A State whose dependence claims asserted in the Castano DUCT.—With respect to a State, to be eligible attorney general makes such an election Civil Actions. The Castano Civil Actions to receive payments from the State Litiga- shall not be eligible to receive payments shall be dismissed to the extent that they tion Settlement Account, the attorney gen- from the State Litigation Settlement Ac- seek relief in the nature of public programs count. Procedures under this paragraph shall eral for such State shall agree that the State to assist addicted smokers to overcome their will not commence any new tobacco claim permit such a State to make such an elec- addiction or other publicly available health tion on a one-time basis. after the date of enactment of this Act programs with full reservation of the rights (other than to enforce the terms of a pre- (2) EXTENSION.—In the case of a State that of individual class members to pursue claims vious judgment) that is based on the conduct has secured a judgment against a participat- not based on addiction or dependency in civil ing tobacco product manufacturer, distribu- of a participating tobacco product manufac- actions in accordance with this Act. tor, or retailer in an action described in sub- turer, distributor, or retailer that occurred (B) ARBITRATION.—For purposes of award- section (a)(1) prior to or during the period prior to the date of enactment of this Act, ing attorneys fees and expenses for those ac- described in paragraph (1), and such judg- seeking recovery for expenditures attrib- tions subject to this subsection, the matter ment has been appealed by such manufac- utable to the treatment of tobacco induced at issue shall be submitted to arbitration be- turer, distributor, or retailer, such period illnesses and conditions against such a par- fore one panel of arbitrators. In any such ar- shall be extended during the pendency of the ticipating tobacco product manufacturer, bitration, the arbitration panel shall consist appeal and for an additional period as deter- distributor, or retailer. of 3 persons, one of whom shall be chosen by mined appropriate by the Secretary. (3) APPLICATION TO LOCAL GOVERNMENTAL the attorneys of the Castano Plaintiffs’ Liti- (3) APPLICATION TO CERTAIN STATES.—A ENTITIES.—The requirements described in State that has resolved a tobacco claim de- gation Committee who were signatories to paragraphs (1) and (2) shall apply to civil ac- scribed in subsection (a)(1) with a participat- the Memorandum of Understanding dated tions commenced by or on behalf of local ing tobacco product manufacturer, distribu- June 20, 1997, by and between tobacco prod- governmental entities for the recovery of tor, or retailer prior to the date of enact- uct manufacturers, the Attorneys General, costs attributable to tobacco-related ill- ment of this Act may not make an election and private attorneys, one of whom shall be nesses if such localities are within a State described in paragraph (1) if, as part of the chosen by the participating tobacco product whose attorney general has elected to re- resolution of such claim, the State agreed manufacturers, and one of whom shall be solve claims under paragraph (1) and enter that the enactment of any national tobacco chosen jointly by those 2 arbitrators. into the agreement described in paragraph settlement legislation would supersede the (C) PAYMENT OF AWARDS.—The participat- (2). Such provisions shall not apply to those provisions of the resolution. ing tobacco product manufacturers shall pay local governmental entities that are within a (4) LOCAL GOVERNMENTAL ENTITY OPTION the arbitration award. State whose attorney general has not re- FOR ONE-TIME OPT OUT.— (d) RULES OF CONSTRUCTION.— solved such claims or entered into such (A) IN GENERAL.—The Secretary shall es- (1) POST ENACTMENT CLAIMS.—Nothing in agreements. tablish procedures under which the attorney this title shall be construed to limit the abil- (b) STATE AND LOCAL OPTION FOR ONE-TIME for a local governmental entity which com- ity of a government or person to commence OPT OUT.— menced a civil action prior to June 20, 1997, an action against a participating tobacco (1) IN GENERAL.—The Secretary shall estab- against a participating tobacco product product manufacturer, distributor, or re- lish procedures under which the attorney manufacturer, distributor, or retailer seek- tailer with respect to a claim that is based general of a State may, not later than 1 year ing recovery for expenditures attributable to on the conduct of such manufacturer, dis- after the date of enactment of this Act, elect the treatment of tobacco related illnesses tributor, or retailer that occurred after the not to resolve an action described in sub- and conditions, not later that 1 year after date of enactment of this Act. section (a)(1) or not to enter into an agree- the date of enactment of this Act, may elect (2) NO LIMITATION ON PERSON.—Nothing in ment under subsection (a)(2). A State whose not to resolve any action described in sub- this title shall be construed to limit the attorney general makes such an election section (a)(3). A local governmental entity right of a government (other than a State or shall not be eligible to receive payments whose attorney makes such an election shall local government as provided for under sub- from the State Litigation Settlement Ac- not be eligible to receive payments from the section (a) and (b)) or person to commence count. Procedures under this paragraph shall State Litigation Settlement Account. Proce- any civil claim for past, present, or future permit such a State to make such an elec- dures under this paragraph shall permit such conduct by participating tobacco product tion on a one-time basis. a local governmental entity to make such an manufacturers, distributors, or retailers. (2) EXTENSION.—In the case of a State that election on a one-time basis. (3) CRIMINAL LIABILITY.—Nothing in this has secured a judgment against a participat- (B) EXTENSION.—In the case of a local gov- title shall be construed to limit the criminal ing tobacco product manufacturer, distribu- ernmental entity that has secured a judg- liability of a participating tobacco product tor, or retailer in an action described in sub- ment against a participating tobacco prod- manufacturer, distributor or retailer or its section (a)(1) prior to or during the period uct manufacturer, distributor, or retailer in officers, directors, employees, successors, or described in paragraph (1), and such judg- a claim described in subsection (a)(3) prior to assigns. ment has been appealed by such manufac- or during the period described in subpara- (e) DEFINITIONS.—In this section: turer, distributor, or retailer, such period graph (A), and such judgment has been ap- (1) PERSON.—The term ‘‘person’’ means an shall be extended during the pendency of the pealed by such manufacturer, distributor, or individual, partnership, corporation, parent appeal and for an additional period as deter- retailer, such period shall be extended during corporation or any other business or legal mined appropriate by the Secretary, not to the pendency of the appeal and for an addi- entity or successor in interest of any such exceed one year. tional period as determined appropriate by person. (3) APPLICATION TO CERTAIN STATES.—A the Secretary. (2) SECRETARY.—The term ‘‘Secretary’’ State that has resolved a tobacco claim de- (C) APPLICATION TO CERTAIN LOCAL GOVERN- means the Secretary of Health and Human scribed in subsection (a)(1) with a participat- MENTAL ENTITIES.—A local governmental en- Services. ing tobacco product manufacturer, distribu- tity that has resolved a claim described in tor, or retailer prior to the date of enact- subsection (a)(3) with a participating to- GREGG AMENDMENT NO. 2434 ment of this Act may not make an election bacco product manufacturer, distributor, or described in paragraph (1) if, as part of the retailer prior to the date of enactment of Mr. GREGG proposed an amendment resolution of such claim, the State agreed this Act may not make an election described to the bill, S. 1415, supra; as follows: that the enactment of any national tobacco in subparagraph (A) if, as part of the resolu- In lieu of the language proposed to be in- settlement legislation would supersede the tion of such claim, the local governmental serted, insert the following: provisions of the resolution. S5240 CONGRESSIONAL RECORD — SENATE May 20, 1998 (4) LOCAL GOVERNMENTAL ENTITY OPTION (d) RULES OF CONSTRUCTION.— on Wednesday, May 20, 1998 at 10:00 FOR ONE-TIME OPT OUT.— (1) POST ENACTMENT CLAIMS.—Nothing in a.m. in room 226 on the Senate Dirksen (A) IN GENERAL.—The Secretary shall es- this title shall be construed to limit the abil- Office Building to hold a hearing on ‘‘S. tablish procedures under which the attorney ity of a government or person to commence 1845, the Child Custody Protection for a local governmental entity which com- an action against a participating tobacco menced a civil action prior to June 20, 1997, product manufacturer, distributor, or re- Act.’’ against a participating tobacco product tailer with respect to a claim that is based The PRESIDING OFFICER. Without manufacturer, distributor, or retailer seek- on the conduct of such manufacturer, dis- objection, it is so ordered. ing recovery for expenditures attributable to tributor, or retailer that occurred after the SELECT COMMITTEE ON INTELLIGENCE the treatment of tobacco related illnesses date of enactment of this Act. Mr. KERRY. Mr. President, I ask and conditions, not later that 1 year after (2) NO LIMITATION ON PERSON.—Nothing in unanimous consent that the Select the date of enactment of this Act, may elect this title shall be construed to limit the not to resolve any action described in sub- right of a government (other than a State or Committee on Intelligence be author- section (a)(3). A local governmental entity local government as provided for under sub- ized to meet during the session of the whose attorney makes such an election shall section (a) and (b)) or person to commence Senate on Wednesday, May 20, 1998 at not be eligible to receive payments from the any civil claim for past, present, or future 2:30 p.m. to hold a nomination hearing State Litigation Settlement Account. Proce- conduct by participating tobacco product on Joan A. Dempsey to be Deputy Di- dures under this paragraph shall permit such manufacturers, distributors, or retailers. rector of Central Intelligence for Com- a local governmental entity to make such an (3) CRIMINAL LIABILITY.—Nothing in this election on a one-time basis. munity Management. title shall be construed to limit the criminal The PRESIDING OFFICER. Without (B) EXTENSION.—In the case of a local gov- liability of a participating tobacco product ernmental entity that has secured a judg- manufacturer, distributor or retailer or its objection, it is so ordered. ment against a participating tobacco prod- officers, directors, employees, successors, or SPECIAL COMMITTEE ON AGING uct manufacturer, distributor, or retailer in assigns. Mr. KERRY. Mr. President, I ask a claim described in subsection (a)(3) prior to (e) DEFINITIONS.—In this section: unanimous consent that the Special or during the period described in subpara- (1) PERSON.—The term ‘‘person’’ means an graph (A), and such judgment has been ap- Committee on Aging be permitted to individual, partnership, corporation, parent meet on May 20, 1998 at 9:30 a.m. in pealed by such manufacturer, distributor, or corporation or any other business or legal retailer, such period shall be extended during entity or successor in interest of any such Dirsken 628 for the purpose of conduct- the pendency of the appeal and for an addi- person. ing a forum. tional period as determined appropriate by (2) SECRETARY.—The term ‘‘Secretary’’ The PRESIDING OFFICER. Without the Secretary, not to exceed one year. means the Secretary of Health and Human objection, it is so ordered. (C) APPLICATION TO CERTAIN LOCAL GOVERN- Services. MENTAL ENTITIES.—A local governmental en- SUBCOMMITTEE ON OCEANS AND FISHERIES f tity that has resolved a claim described in Mr. KERRY. Mr. President, I ask subsection (a)(3) with a participating to- AUTHORITY FOR COMMITTEES TO unanimous consent that the Oceans bacco product manufacturer, distributor, or MEET and Fisheries Subcommittee of the retailer prior to the date of enactment of Senate Committee on Commerce, this Act may not make an election described COMMITTEE ON ENERGY AND NATURAL Science, and Transportation be author- in subparagraph (A) if, as part of the resolu- RESOURCES tion of such claim, the local governmental Mr. KERRY. Mr. President, I ask ized to meet on Wednesday, May 20, entity agreed that the enactment of any na- unanimous consent that the Commit- 1998, at 9:30 am on harmful algal tional tobacco settlement legislation would tee on Energy and Natural Resources blooms. supersede the provisions of the resolution. be granted permission to meet during The PRESIDING OFFICER. Without (c) ADDICTION AND DEPENDENCY CLAIMS; objection, it is so ordered. CASTANO CIVIL ACTIONS.— the session of the Senate on Wednes- SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, (1) ADDICTION AND DEPENDENCE CLAIMS day, May 20, for purposes of conducting AND GOVERNMENT INFORMATION BARRED.—In any civil action to which this a Full Committee business meeting title applies, no addiction claim or depend- which is scheduled to begin at 9:30 a.m. Mr. KERRY. Mr. President, I ask ence claim may be filed or maintained The purpose of this business meeting is unanimous consent that the Sub- against a participating tobacco product to consider pending calendar business. committee on Technology, Terrorism, manufacturer. The PRESIDING OFFICER. Without and Government Information, of the (2) CASTANO CIVIL ACTIONS.— objection, it is so ordered. Senate Judiciary Committee be au- (A) IN GENERAL.—The rights and benefits thorized to hold a hearing during the afforded in section 221 of this Act, and the COMMITTEE ON FOREIGN RELATIONS session of the Senate on Wednesday, various research activities envisioned by this Mr. KERRY. Mr. President, I ask May 20, 1998 at 2:30 p.m. in room 226, Act, are provided in settlement of, and shall unanimous consent that the Commit- Senate Dirksen Office Building, on: ‘‘S. constitute a remedy for the purpose of deter- tee on Foreign Relations be authorized mining civil liability as to those addiction or 512, Identity Theft.’’ to meet during the session of the Sen- dependence claims asserted in the Castano The PRESIDING OFFICER. Without ate on Wednesday, May 20, 1998 at 10:00 Civil Actions. The Castano Civil Actions objection, it is so ordered. shall be dismissed to the extent that they a.m. and 4:15 p.m. to hold two hearings. f seek relief in the nature of public programs The PRESIDING OFFICER. Without to assist addicted smokers to overcome their objection, it is so ordered. ADDITIONAL STATEMENTS addiction or other publicly available health COMMITTEE ON INDIAN AFFAIRS programs with full reservation of the rights Mr. KERRY. Mr. President, I ask of individual class members to pursue claims unanimous consent that the Senate RELIGIOUS GROUPS CHALLENGE not based on addiction or dependency in civil GROWING INTOLERANCE IN EU- actions in accordance with this Act. Committee on Indian Affairs be author- (B) ARBITRATION.—For purposes of award- ized to meet during the session of the ROPE ing attorneys fees and expenses for those ac- Senate on Wednesday, May 20, 1998 at ∑ Mr. D’AMATO. Mr. President, I rise tions subject to this subsection, the matter 10:00 a.m. to mark up the following: S. today to comment on an issue that at issue shall be submitted to arbitration be- 1691, the American Indian Equal Jus- concerns many Americans, religious fore one panel of arbitrators. In any such ar- tice Act; and S. 2069, a bill to permit intolerance in Europe. As Chairman of bitration, the arbitration panel shall consist the mineral leasing of Indian land lo- of 3 persons, one of whom shall be chosen by the Commission on Security and Co- the attorneys of the Castano Plaintiffs’ Liti- cated within the Fort Berthold Indian operation in Europe, I chaired a hear- gation Committee who were signatories to Reservation. The Committee will meet ing on September 18, 1997, on ‘‘Reli- the Memorandum of Understanding dated in room 485 of the Russell Senate Office gious Intolerance in Europe Today.’’ June 20, 1997, by and between tobacco prod- Building. We heard compelling testimony on the uct manufacturers, the Attorneys General, The PRESIDING OFFICER. Without rise of religious intolerance in Europe and private attorneys, one of whom shall be objection, it is so ordered. from representatives of the Muslim and chosen by the participating tobacco product COMMITTEE ON THE JUDICIARY Jewish faiths, Orthodox Church, manufacturers, and one of whom shall be chosen jointly by those 2 arbitrators. Mr. KERRY. Mr. President, I ask Roman Catholic Church, an evangelical (C) PAYMENT OF AWARDS.—The participat- unanimous consent that the Commit- Protestant church, the Church of the ing tobacco product manufacturers shall pay tee on the Judiciary be authorized to Latter Day Saints, Jehovah’s Witness, the arbitration award. meet during the session of the Senate and the Church of Scientology. May 20, 1998 CONGRESSIONAL RECORD — SENATE S5241 The testimony indicated the follow- nied legal status to the Jehovah’s Wit- violence they experience and the inves- ing: nesses; tigation by the German Parliament’s Muslims in Europe have been sub- Mormons have been subjected to con- commission. The French Parliament’s jected to genocide, mass killings, tinued acts of harassment, including report contained a list of ‘‘dangerous’’ forced migration and torture, including confiscation of religious materials, and groups in order to warn the public rape, in the former Yugoslavia; harass- assault, in Bulgaria; and are prevented against them and the Belgian Par- ment, including police brutality and from freely sharing their beliefs in sev- liament’s report had an informal ap- attacks and other hate crimes by ex- eral OSCE participating States, includ- pendix which was widely circulated, tremist groups against Muslims have ing Greece and Turkey; and which included allegations against been reported throughout Europe, par- Scientologists, including U.S. citi- many mainline Catholic groups, Quak- ticularly in Germany, France and the zens, have been subjected to pervasive ers, Hasidic Jews, Buddhists, and the United Kingdom; Muslims have been civil, political and economic discrimi- YWCA (although not the YMCA). denied permits to build or repair nation, harassment, surveillance, and On Wednesday, May 20, 1998, a coali- mosques in the Czech Republic, Bul- orchestrated boycotts in Germany. tion of religious groups, including Ha- garia, and elsewhere in Europe; Muslim In the months following this hearing, sidic Jews, Hindu, Bahia, Seventh Day women are frequently the subject of at- the Helsinki Commission has noted a Adventist, evangelical Protestant and tacks, discrimination and other forms chilling effect on religious liberty from charismatic Catholic communities, of abuse and harassment because they actions taken by national parliaments. Plan to hold a press conference in choose to wear a head covering; A law passed on December 10, 1997 by Brussels to announce that they are Struggling Jewish communities in the Austrian Parliament requires that about to launch a court challenge to Eastern Europe are often made the a religious group prove a 20-year exist- the Belgian Parliamentary Report and scapegoats for the pain of the transi- ence, have a creed distinct from pre- the Belgian Government’s Advice and tion from centrally planned economies viously registered groups, and have a Information Center. The premise of the to market capitalism; the desecration membership of at least 0.02% of the legal challenge is that these actions by of Jewish cemeteries and memorials population or 16,000 members before the Belgian government violate Bel- has been on the rise; and anti-Semitic they are granted full rights under law. gium’s international commitments to publications, such as The Protocols of Concerns over this law were raised in religious liberty. I am pleased to see Zion, and neo-Nazi computer games Vienna by a Helsinki Commission dele- these and other groups such as Human have received wider distribution ac- gation this past January. A similar law Rights Without Frontiers standing up companied by the rise of skinhead was passed in 1997 in Macedonia. In for this fundamental freedom, and act- gangs and hatemongers throughout Eu- January 1998, a Helsinki Commission ing to highlight and challenge the ac- rope; delegation, lead by Co-Chairman CHRIS- tions by European governments that The Greek Orthodox Ecumenical Pa- TOPHER SMITH, traveled to Moscow to violate the Helsinki Accords and other triarchate has been subject to recur- discuss concerns with the 1997 Russian international commitments on reli- ring acts of violence, and faces serious religion law with Russian government gious liberty. obstacles imposed by the Government officials, minority religious groups, Mr. President, the recent action by of Turkey, including the closing of the and the Russian Orthodox Church. the House adopting the Freedom From Theological School of Halki, which Some governments have passed laws Religious Persecution Act, and pending have a detrimental impact on the ac- creating government information cen- consideration of that bill and parallel tivities of the Patriarchate and Ortho- ters to alert the public to ‘‘dangerous’’ measures in the Senate, clearly show dox believers in Turkey; groups. The Austrian and Belgian gov- that this issue is one that concerns Catholic believers face harassment ernments have set up hotlines for the Americans. Many Americans have fam- and violence in parts of Bosnia- public and, through government spon- ily or friends who are citizens in coun- Herzegovina and Croatia as well as sored advisory centers, distribute in- tries that have solemnly promised to Northern Ireland, and they face serious formation on groups deemed ‘‘dan- protect religious liberty, but then re- impediments to the practice of their gerous.’’ In official Austrian literature, strict it or deny it. Many Americans, faith elsewhere in Europe, including in Jehovah’s Witnesses are labeled ‘‘dan- through their own religious affili- Belarus, Russia, Greece, Turkey, and gerous’’ and members of this group re- ations, make donations to support the Romania; port that the stigma associated with work of their denominations outside Some evangelical and charismatic this government label is difficult to this country, or take part in that work Christian churches have been denied overcome in Austrian society. These themselves as a personal expression of registration by the Governments of information centers directly violate their beliefs. Actions taken by foreign Bulgaria, Uzbekistan, Azerbaijan, and the commitments that Austria and governments that have promised to Greece and have been harassed, as well Belgium have made as participating protect religious liberty and then vio- as have reportedly had religious mate- States of the OSCE to ‘‘foster a climate late these promises can and do directly rials confiscated; at least one char- of mutual tolerance and respect,’’ in affect American citizens during their ismatic church in Germany has come paragraph 16 of the Vienna Concluding travels for business or pleasure, when under intense scrutiny by the local of- Document, and represent excessive they support the overseas religious ef- ficials and the German Bundestag’s governmental intrusion into the public forts of their faiths by donations or Commission of Inquiry on So-called discussion on religious matters. personal participation, or through neg- Sects and Psycho-Groups, faced other Several western European Par- ative effects on their relatives and forms of harassment, and been the tar- liaments have or are currently inves- friends who reside in these countries. get of vandalism and threats of vio- tigating and reporting on the activities Accordingly, I call upon my col- lence; of minority religious groups. These leagues to remain vigilant on this sub- Jehovah’s Witnesses have been de- parliamentary investigations have also ject, and assure them and all Ameri- nied registration in a number of OSCE had a chilling effect on religious lib- cans that the Commission will remain participating States, including Arme- erty and appear to cause a public back- active and engaged as we seek to docu- nia, Austria, Bulgaria, Greece, and lash against groups being investigated ment violations and protect the rights Latvia; have been subjected to various or labeled ‘‘dangerous.’’ For instance, of affected persons.∑ forms of harassment, including the pro- the German Parliament is currently f hibition on importation of religious lit- conducting its investigation into ‘‘dan- erature and denial of the freedom to as- gerous sects’’ and ‘‘psycho-groups’’ and TRIBUTE TO RABBI MOSHE semble for worship services; France’s issued an interim report in January SHERER Parliamentary Commission on Sects 1998. At the Helsinki Commission’s ∑ Mr. LIEBERMAN. Mr. President, I has categorized Jehovah’s Witnesses as September 18 hearing, at least one regret to inform my colleagues in the a ‘‘criminal sect’’ for its prohibition independent evangelical church re- Senate of the death on Sunday, May 17 against blood transfusions; Germany’s ported a direct correlation between the of Rabbi Moshe Sherer, President of Federal Administrative Court has de- harassment, vandalism and threats of Agudath Israel of America, a vibrant S5242 CONGRESSIONAL RECORD — SENATE May 20, 1998 organization of Orthodox Jews in our shipped food and religious articles to Jews in ber, he announced that Agudath Israel would country. displaced persons camps and assisted those spend $2 million for newspaper advertise- I was privileged to have known Rabbi who wanted to immigrate. ments to promote the view that within With Agudath Israel’s constituency of reli- Sherer for many years and to benefit Israel, conversions and other rites should re- gious schools, Rabbi Sherer served a world main under Orthodox control. from his wise counsel. He lived an ex- that prizes scholarship. Born in Brooklyn on Agudath Israel’s spokesman, Rabbi Avi traordinarily righteous and productive June 8, 1921, he was educated at Torah Shafran, said Rabbi Sherer’s stand stemmed life, and was a kindly but driving force Vodath, a Brooklyn yeshiva, and Ner Israel from the conviction that ‘‘the only unifying in the unprecedented growth of his or- rabbinical college in Baltimore. He told asso- force for the Jewish people is the Jewish reli- ganization and its perspective within ciates that his main mentor was the late gious heritage.’’ America. Rabbi Sherer was also a very Rabbi Aharon Kotler, who founded a highly Rabbi Sherer is survived by his wife, the successful bridgebuilder to other faith regarded yeshiva in Lakewood, N.J. former Deborah Portman; two daughters, Yet Rabbi Sherer was known as an orga- Rochel Langer of Monsey, N.Y., and Elky communities in his effort to spread the nizer rather than an intellectual, with diplo- Goldschmidt of Brooklyn; a son, Rabbi light of religious truth throughout our matic and political skills that enabled him Shimshon Sherer of Brooklyn, and many country. to forge coalitions within the decentralized grandchildren and great-grandchildren. I shall miss Rabbi Sherer, and wish and contentious world of Orthodox Judaism, to extend to his wife, Deborah, and his and with other religious groups. BOROUGH PARK MOURNS JEWISH LUMINARY children, grandchildren, and great- ‘‘He was able to take disparate groups, (By Garry Pierre-Pierre) bring them together and get them to cooper- grandchildren my condolences and best The armada of yellow buses that usually ate in the areas where they would agree,’’ clog the narrow streets of Borough Park, wishes. said Rabbi Nosson Scherman, general editor Brooklyn, shuttling students from yeshivas Mr. President, I ask that the full text of Artscroll, a major publisher of Jewish to their homes, was nowhere in sight yester- of two articles from the New York texts. Times of May 19, 1998 be printed in the Rabbi Steven M. Dworken, executive vice day. Instead, the streets were filled with thousands of people mourning the death of RECORD. The first describes Rabbi president of the Rabbinical Council of Amer- Rabbi Moshe Sherer, whom many considered Sherer’s remarkable life, and the sec- ica, which represents about 1,000 Orthodox rabbis, said Rabbi Sherer ‘‘was responsible in the elder statesman of the American Ortho- ond the effect of his death on the more dox Jewish community. than 20,000 people who came to his fu- many, many ways for placing Agudath Israel on the map.’’ The mourners crowded the streets, stood neral in New York two days ago. As the most strictly observant of the Or- on rooftops and sat in their living rooms to The articles follow: thodox community became more visible and listen to eulogies, broadcast throughout the [From the New York Times, May 19, 1998] organized politicians took note. In January neighborhood by loudspeaker, for a man 1994, Rabbi Sherer delivered the invocation known for his tireless efforts to unite Jewish RABBI MOSHE SHERER, 76, WHO CONTRIBUTED sects and to reach out to the secular world. TO RISE OF ORTHODOXY’S RIGHT WING IN U.S. at the first inauguration of Mayor Rudolph W. Giuilani of New York. Vice President Al Within hours of his death on Sunday after- (By Gustav Niebuhr) Gore was the speaker at the organization’s noon, his followers had begun gathering on Rabbi Moshe Sherer, who built a relatively 76th annual dinner, held in New York the day the streets around the modest brick building small Orthodox Jewish organization, Rabbi Sherer died. of Congregation Agudath Israel of Borough Agudath Israel of America, into a politically But the organization was also considered Park. By late yesterday, more than 20,000 and religiously influential force among important earlier. When The New York had lined up to pay their respects. American Jewish groups, died Sunday after- Times described the growing influence of When Rabbi Sherer’s white coffin, draped noon in Manhattan. He was 76 and lived in local religious groups in a 1974 article, it with a black velvet cloth, was carried from Brooklyn. quoted Rabbi Sherer as saying about the hearse into a sun-soaked street, a huge He died after an illness of several months, Agudath Israel, ‘‘There is hardly a legislator cry of grief rose from the crowd. The coffin a spokesman for the group said. from any Jewish neighborhood in the city was supported by about 20 men and seemed Rabbi Sherer had served since 1963 as presi- who does not know how we stand on issues in danger of toppling as the men jostled for dent of Agudath Israel of America, an edu- that concern us and how thorough we are position. cational and social service organization that about informing our constituents about posi- ‘‘He had the power and charisma to bring also represents hundreds of Orthodox reli- tions the legislators take on these issues.’’ the secular and religious groups together,’’ gious schools, or yeshivas in the United Still, he did not have the visibility of some said Joseph Rappaport, an officer with Con- States and Canada. of his counterparts at other Jewish organiza- gregation Agudath Israel. ‘‘He was able to Through his work at Agudath Israel, Rabbi tions. ‘‘He wasn’t a headline-maker.’’ said create bridges.’’ Sherer played a leading role in the rise of Or- Samuel C. Heilman, professor of Jewish stud- Rabbi Sherer, who died at age 78, had for thodox Judaism’s right wing, which has ies and sociology at the Graduate School of more than 30 years headed Agudath Israel of gained in influence and self-confidence since the City University of New York. Instead, America, an advocacy organization that he the 1960’s, at the expense of Orthodoxy’s Professor Heilman said, Rabbi Sherer worked helped transform from a small group into a more moderate wing. quietly ‘‘to keep the channels of communica- formidable movement that claims 100,000 That shift seemed unlikely when Rabbi tion open’’ between Agudath Israel and other members and has branches around the coun- Sherer joined Agudath Israel as its executive Jewish organizations. try. vice president in 1941, when it was a small What helped is that Agudath Israel reached Among those paying respects yesterday group with few employees. In an interview out to the entire Jewish community with its were Gov. George E. Pataki, Mayor Rudolph last year, he said some people warned him programs promoting Jewish identity and W. Guiliani and other politicians and dig- that Agudath Israel’s rigorously traditional learning. Last September, for example, the nitaries. The crowds grew so big that the po- Orthodox approach had little future in Amer- organization sponsored a celebration for men lice blocked car traffic from 13th through ica. But, he said, ‘‘it’s a growth stock who had completed a seven-year program of 16th Avenues and 43d through 50th Streets. today.’’ reading the entire Talmud, the Jewish civil One mourner, Morton M. Avigdor, leaned Sociologists say that Orthodoxy’s strict and religious law, at the rate of a page a day. against a police barricade in front of the con- traditionalists have benefited from char- An estimated 70,000 people participated, fill- gregation building and explained how Rabbi ismatic leadership, a high birthrate and anx- ing Madison Square Garden and other are- Sherer had fought for government benefits iety among many Orthodox Jews over signs nas. and services for children in nonpublic of moral turmoil in society. Rabbi Sherer sometimes took positions at schools by allying himself with Catholic Today, Agudath Israel, with headquarters odds with non-Orthodox organizations. He school advocates. at 84 William St., Manhattan, has branches supported aid by Federal and state govern- ‘‘He felt that people of all faith should be throughout the country and a Washington ments to religious schools, a stand that entitled to education,’’ said Mr. Avigdor, a office that lobbies the government on reli- placed his organization on the same side of lawyer. ‘‘It is truly a great loss.’’ gious issues. It belongs to the Agudath Israel that issue as the Roman Catholic Church but f World Organization, of which Rabbi Sherer nettled some Jewish groups that supported a TRIBUTE TO NICHOLAS ‘‘NICK’’ was appointed chairman in 1980. In Israel, it strict separation of church and state. is associated with the strictly Orthodox Testifying before Congress on this issue in LEIST United Torah Judaism Party, a member of 1961, he said, ‘‘Classical Judaism has, from ∑ Mr. BOND. Mr. President, across our the governing coalition. the very inception of the Jewish people, great nation there are thousands of Among Agudath Israel’s earliest projects placed religious education in sharp focus as teachers dedicated to the development under Rabbi Sherer’s leadership was sending the centrality of life itself.’’ food shipments to Jews in Nazi-dominated More recently, he helped lead an effort to of young minds. In Missouri, as a Eastern Europe and producing affidavits to counter attempts by Reform and Conserv- former Governor and U.S. Senator, I help refugees immigrate to the United ative Jews to gain official recognition of have had the opportunity to meet States. After World War II, the organization non-Orthodox rabbis in Israel. Last Novem- many educators and have a great deal May 20, 1998 CONGRESSIONAL RECORD — SENATE S5243 of admiration for their commitment to that when society accommodates peo- If others find some noble lessons in this our youth. ple with disabilities to allow them to life, Cordes perceives it more prosaically: I have found, however, some teachers reach their full potential, we all bene- He’s merely shown up for life and done what are special and go beyond the call of fit. was necessary to reach his goals. At Notre Dame, Tim overcame his ‘‘If people are inspired by what I’ve done, duty to lead their students toward a re- that’s great, but the truth is that I did it all warding and productive life. Today, I blindness by asking fellow students to for me. It was just hard work. It’s like get- rise to speak about one such teacher describe the molecular structures they ting the black belt. It’s not like I just took who is retiring this year, Nicholas were studying and by using his com- one long lesson. It was showing up every day, ‘‘Nick’’ Leist. puter to re-create the images in three- and sweating and learning and practicing. For thirty-six years Mr. Leist has dimensional forms on a special monitor You have your bad days and you just keep dedicated his life teaching music to he could touch. In addition to his aca- going.’’ young people in Missouri. Mr. Leist has demic achievements, Tim earned a Despite his academic accomplishments, not only been an educator, he has been black belt in tae kwon do and jujitsu, Cordes led a fairly ordinary life in college, debating, for example, the merits of the old a friend and inspiration to literally went to football games and debated and new ‘‘Star Trek’’ series with Patrick thousands of students. Over the last with this friends whether the old or Murowsky, a 22-year-old psychology major thirty years, he has taught more than new ‘‘Star Trek’’ is better. from Cleveland who roomed with Cordes 9,000 students at Jackson High School, Tim’s biochemistry professor called their sophomore year. and his musicians have had a phenome- him a remarkable young man and the ‘‘The thing about Tim is that he’s fearless nal record, having achieved twenty- most brilliant student he’s ever had. and he just seems to have this faith. Once we seven consecutive number one ratings One of Tim’s roommates said that he were late for a football game and we had to at district music contests. More than was ‘‘simply amazing to be around.’’ run to the stadium. He had no qualms about Tim doesn’t mind being an inspira- running at top speed while I yelled ‘jump,’ or eight dozen students have gone on to I would yell ‘duck’ and he would duck. And become teachers themselves, following tion to others, but he doesn’t think of we made it. He is simply amazing to be in the steps of their mentor. himself that way. In his words, ‘‘[i]t around sometimes,’’ said Murowsky. On May 5, 1998, Mr. Leist conducted was just hard work.’’ Well, that’s for Cordes has Leber’s disease, a genetic condi- his last Jackson High School band con- sure! tion that gradually diminished his vision cert which brought tears to the eyes of For my part, I am honored to rep- until he was blind at age 14. students and their Mr. Leist. They will resent Tim and his parents and to be When doctors at the University of Iowa miss Nick Leist at Jackson High able to take this time to congratulate first diagnosed the disease when he was 2, ‘‘it him and his parents for all their great was the saddest moment of my life,’’ said his School next year; however, the impact mother, Therese, 50. he had on students will live on for gen- work. Congratulations! Mr. President, I ask that the full text ‘‘The doctors . . . told us: ‘He won’t be able erations through the people he inspired to do this, and don’t expect him to be able to to greater personal heights. I join the of the Washington Post article be do this,’ ’’ Therese Hordes recalled. ‘‘So I many who wish Mr. Leist happiness in printed in the RECORD. went home and just ignored everything they The article follows: the years to come.∑ said.’’ f [From the Washington Post, May 18, 1998] The ability to conceptualize images has BLIND VALEDICTORIAN IS HEADED TO MED greatly helped Hordes in his studies, HONORING TIMOTHY CORDES SCHOOL; NOTRE DAME STUDENT CREDITS Helquist said. The study of biochemistry re- lies heavily on graphics and diagrams to il- Mr. HARKIN. Mr. President, I would ‘‘JUST HARD WORK’’ FOR HIS SUCCESS ∑ lustrate complicated molecular structures. (By Jon Jeter) like to bring to the attention of Mem- Hordes compensated for his inability to see bers of Congress and the country a SOUTH BEND, IN.—Sure but sightless, Tim- by asking other students to describe the vis- young constituent of mine. othy Cordes arrived on the University of ual sides or by using his computer to re-cre- Some of you may have read about Notre Dame’ campus four years ago, an 18- ate the images in three-dimensional forms Timothy Cordes in Monday’s Washing- year-old freshman from Eldridge, Iowa, who on a special screen he could touch. ton Post. For those of you who didn’t, wanted to enroll in the biochemistry pro- Cordes applied to eight medical schools. gram. Faculty members tried, politely, to Only the University of Wisconsin accepted Tim—who is from Eldridge, Iowa—just dissuade him. Just how, they wondered received a bachelor’s degree in bio- him. (The first blind medical student was aloud, could a blind student keep up with the David Hartman, who graduated from Temple chemistry from Notre Dame, with a rigorous courses and demanding laboratory University in 1976 and is a psychiatrist in 3.99 grade point average. Tim was the work of biochemistry? Roanoke, Va.) valedictorian of his class and will begin Cordes graduated today from Notre Dame ‘‘Tim has always exceeded people’s expec- medical school at the University of with a degree in biochemistry and a 3.991 tations of him,’’ said Teresa Cordes, who, Wisconsin this summer. These would be grade-point average. He was the last of Notre with her husband, Tom, watched Tim grad- Dame’s 2,000 seniors to enter the crowded au- uate. ‘‘He really does inspire me.’’∑ outstanding accomplishments for any ditorium for commencement. His German young person. They are especially re- shepherd, Electra, led him to the lectern to f markable in this case, because Tim is deliver the valedictory speech as his class- TRIBUTE TO DR. JOHN H. MOORE blind—only the second blind person mates rose, cheered, applauded and yelled ever admitted to a U.S. medical school. his name affectionately. JR. Tim has a genetic condition that Cordes starts medical school in two ∑ Mr. SANTORUM. Mr. President, I gradually diminished his vision until months, only the second blind person ever rise today to honor Dr. John H. Moore he was blind when he was 14. Doctors admitted to a U.S. medical school. He does Jr. for his humanitarian efforts on be- not plan to practice medicine. His interest is diagnosed him with the disease when in research, he said: ‘‘I’ve just always loved half of Operation Smile, an organiza- he was two. They talked about how science.’’ tion that provides free medical care to blindness would limit Tim’s life. But His life has been both an act of open, man- children around the world. his parents wouldn’t accept that for nerly defiance and unshakable faith. And Dr. Moore distinguished himself their son. His mother said that after this unassuming, slightly built young man when he started the Philadelphia Chap- talking with the doctors, ‘‘I went home with a choirboy’s face awes acquaintances ter of Operation Smile in 1988. Since and friends. then he has expanded this group to pro- and just ignored everything they said.’’ Armed with Electra, a high-powered per- Thank goodness for that! sonal computer and a quick wit, Cordes man- vide annual missions to Nicaragua, the I have spent much of my time in the aged a near-perfect academic record, an A- Philippines, Vietnam, Liberia, Kenya Senate working toward a society in minus in a Spanish class the only blemish. and other third world countries. Lo- which all Americans, those with dis- Two weeks ago, he earned a black belt in the cally, Operation Smile provides free abilities and those without, have the martial arts tae kwon do and jujitsu. care for school children in the Phila- same opportunities to succeed.That’s ‘‘He is really a remarkable young man,’’ delphia area. Working with philan- what all people with disabilities want— said Paul Helquist, a Notre Dame bio- thropic organizations, the group brings chemistry professor. Helquist at first had an equal opportunity to succeed. Some doubts but ultimately recommended Cordes physicians from other countries to will succeed and some won’t, but it will for medical school. ‘‘He is by far the most Philadelphia for advanced training in be because of their abilities, not their brilliant student I’ve ever come across in my techniques used to reconstruct child disabilities. Tim personifies the fact 24 years of teaching,’’ the professor said. deformities. S5244 CONGRESSIONAL RECORD — SENATE May 20, 1998 Operation Smile consists of recon- rectors required under the new law. Frank Caprio epitomizes the Amer- structive surgeons, professional nurses These appointments should include ican dream. From his humble begin- and concerned citizens who have dedi- professionals experienced in the leasing nings, he is today a respected lawyer, cated themselves to providing relief for and financing of hundreds of millions successful businessman, and Chief children suffering from congenital and of dollars worth of equipment and peo- Judge of the Providence Municipal acquired deformities. ple familiar with debt rescheduling and Court. At Central High School he was Through a spirit of selflessness, Dr. refinancing, which are among tasks an all-state wrestler who was encour- Moore has given both this heart and tailored to Amtrak’s business needs. aged to learn a trade, but he aspired to time to Operation Smile. He has served I would also encourage the Adminis- attain a college education. And he did. as the President of the chapter’s local tration to make certain that these ap- He worked his way through Providence board and is currently its medical di- pointments fairly represent the various College, earning his Bachelor of Arts. rector. regions of the country, and Illinois is He later earned his education certifi- Mr. President, Dr. Moore’s dedication certainly deserving of such representa- cate from Rhode Island College. is a great source of pride, not only for tion. Amtrak provides service to over Frank taught American government Pennsylvania, but for the United thirty cities in Illinois. In addition, by day and attended Suffolk Law States. I hope my colleagues will join Amtrak employs some 2,200 Illinois School at night. Inspired by President with me in honoring Dr. Moore for his residents, with earnings totaling over Kennedy, he ran for Providence City spirit of community and faithful serv- $50 million per year. Regional represen- Council in 1962 and served for eight ice. ∑ tation will also ensure that the diverse years. He was a delegate to the Rhode f interests of our regional economies can Island Constitutional Convention in be brought to the table for equitable AMTRAK BOARD OF DIRECTORS 1973, and he has been elected a delegate decision making in the Amtrak Board- ∑ Mr. DURBIN. Mr. President, I rise as to the Democratic National Convention room. five times. a strong supporter of Amtrak, rec- Mr. President, I hope my colleagues ognizing the tremendous potential that who support Amtrak will join me in en- Frank Caprio has practiced law for advanced rail-passenger technology couraging the Administration to sub- more than 30 years and has a remark- can play in developing our nation’s 21st mit qualified candidates, women and ably diverse practice. He has served as Century economy. men with the knowledge and experi- special counsel to Cookson America, a Amtrak has a distinct and important ence required to strengthen our na- fortune 500 corporation, and as legal relationship with the state of Illinois. tional system of passenger transpor- counsel to the Providence Redevelop- Chicago is the headquarters of one of tation, to the Senate as soon as pos- ment Agency and the Rhode Island De- Amtrak’s three Strategic Business sible.∑ partment of Transportation. But per- Units and the Intercity Business Unit, f haps Frank’s most revered clients are which manages all passenger trains in neighbors and friends, many of humble America with the exception of the RECOGNITION OF THE LEADER- means, who seek out Frank as their de- Northeast Corridor and West Coast SHIP TRAINING INSTITUTE FOR fender, advocate, and voice. They cher- services. Downtown Chicago is also YOUTH ish his friendship and offer trust in re- home to one of the three nationwide ∑ Mr. BOND. Mr. President, I rise to turn, which is a wonderful tribute to Reservation Call Centers. Amtrak also pay tribute to an exemplary program Frank and a testament to the way he operates over forty trains per day in Il- in Missouri, the Leadership Training has led his life. linois, with a total ridership in excess Institute for Youth (LTI). Every year Through initiative, hard work and of 2.5 million passengers. Illinois has at Southwest Baptist University in Bo- tireless energy, Frank has attained first-hand experience with Amtrak’s livar, Missouri this leadership camp is much success in business. He is a prin- current services and recognizes its fu- held for youth from all over America. cipal owner of the Coast Guard House, ture potential. This camp inspires youth to work to- a historic waterfront restaurant in The Congress has also understood ward their goals and to achieve per- Narragansett and another popular res- Amtrak’s potential. In last year’s Tax- sonal excellence. taurant, Casey’s, in Wakefield. In addi- payer Relief Act, the Senate and House With the leadership of Dr. Pat tion to his success as a restaurateur, provided $2.3 billion in Amtrak capital Briney, the attendees learn leadership Frank is a principal owner of Cherry investment to make our federally skills through Christian values. LTI Hill Housing in Johnston. owned rail passenger carrier a strong helps to guide youth through their Despite all of his success in law, gov- contributor to our nation’s mobility. most confusing years and teaches them ernment, and business, Frank has al- Congress also worked diligently to coping mechanisms for future prob- ways understood the importance of enact the Amtrak Reform and Ac- lems. community and public service. He countability Act of 1997. With the au- LTI represents the kind of spirit, serves on the board of Federal Hill thority conferred on it by this legisla- honor and integrity that belong with House and as a volunteer at Nickerson tion, Amtrak now has the ability to today’s youth leaders. I commend LTI House. He is a fellow of the Rhode Is- undertake the organizational restruc- staff and participants for their energy land Community Food Bank, and is a turing and operational fine-tuning nec- and faith to Christian values and hope member of both the Bishop’s Council essary to realize the full benefits prom- they continue their important mission and the State Board of Governors for ised by the $2.3 billion in capital fund- for years to come.∑ Higher Education. ing. f An integral component of the reform In honor of his own father, he estab- envisioned by this legislation was the TRIBUTE TO THE HONORABLE lished the Antonio ‘‘Tup’’ Caprio timely selection and seating of an FRANK CAPRIO Scholarship at Suffolk University, and ‘‘Amtrak Reform Board’’ comprised of ∑ Mr. REED. Mr. President, I rise to is the 1997–1998 Chairman of the Provi- directors with fresh ideas and experi- pay tribute to Frank Caprio of Provi- dence College Alumni Fund. He holds ence in dealing with the business dence, Rhode Island, who will be hon- an Honorary Doctor of Law Degree world. We must ensure that the Admin- ored at the 37th Annual Verrazzano from Suffolk and has been recognized istration moves swiftly enough to Day Banquet this Saturday. by countless organizations for his spir- avoid the consequences of failing to ap- A respected and admired Rhode Is- it of community and his humanitarian point a new Amtrak Reform Board by lander, Frank Caprio was born in Prov- efforts. the statutory deadline, July 1, 1998. idence in 1936, the son of immigrants. Mr. President, I am pleased today to Quick action on this matter will allow His father peddled produce and deliv- salute Frank Caprio on receiving the Amtrak to maintain the authorization ered milk in the Federal Hill neighbor- prestigious Annual Verrazzano Day mandated in the law signed last De- hood, while his beloved mother cared award, and I extend best wishes to cember. for Frank, his two brothers, Antonio Frank, his wife, Joyce, and their won- I am hopeful that the President will Jr. and Joseph, and dedicated herself to derful family on this momentous occa- move quickly to appoint the seven di- her Church and community. sion.∑ May 20, 1998 CONGRESSIONAL RECORD — SENATE S5245 CHILD SUPPORT PERFORMANCE the Democrat amendment, it is hoped want to provide special legal protec- AND INCENTIVE ACT OF 1998 the Senate could then consider the tion to the tobacco industry? We are Mr. MCCAIN. Mr. President, I ask farmers’ protection issue. At the con- talking about an industry that has con- unanimous consent that the Chair lay clusion of debate on the protection tinuously lied to Congress, lied to the before the Senate a message from the issue, the Senate would proceed to a American people, deceived them about House of Representatives to accom- vote on a motion to strike the Ford what might happen if they picked up, panying H.R. 3130. language, followed by a vote to strike started smoking cigarettes. The aver- The PRESIDING OFFICER laid be- the McConnell-Lugar language. There- age person wouldn’t have the foggiest fore the Senate a message from the fore, the first vote of Thursday’s ses- idea—warnings could be dangerous to House of Representatives announcing sion is expected at approximately 11 health. It doesn’t say it is almost guar- its disagreement to the amendments of a.m. or later, and Members should ex- anteed to make you an addict. It the Senate to the bill (H.R. 3130) enti- pect rollcall votes throughout Thurs- doesn’t say if you took these ingredi- tled ‘‘An Act to provide for an alter- day’s session in order to make good ents apart, there are many that are native penalty procedure for States progress on this important tobacco leg- quite toxic. If the labels on the pack- that fail to meet Federal child support islation. Once again, the cooperation of all age said you might die if you do this, data processing requirements, to re- you might die early, you might die at form Federal incentive payments for Senators would be necessary for the Senate to complete its work prior to a prime time in your life when you effective child support performance, to would like to be with your family and provide for a more flexible penalty pro- the Memorial Day recess. f your friends, when you would like to be cedure for States that violate inter- ORDER FOR ADJOURNMENT able to enjoy life, be able to do the jurisdictional adoption requirements, things that you do athletically or func- to amend the Immigration and Nation- Mr. MCCAIN. Mr. President, if there tionally or vocationally, it doesn’t say ality Act to make certain aliens deter- is no further business to come before on there, hey, listen, if you start this, the Senate, I now ask unanimous con- mined to be delinquent in the payment first of all, you will be spending thou- sent that the Senate stand in adjourn- of child support inadmissible and ineli- sands of dollars a year to support this gible for naturalization, and for other ment under the previous order, follow- habit. purposes’’, and ask a conference with ing the remarks of Senator LAUTEN- the Senate on the disagreeing votes of BERG. Having been a smoker, I am some- the two Houses thereon. The PRESIDING OFFICER. Without what of an expert on the subject. I am Mr. MCCAIN. I ask unanimous con- objection, it is so ordered. not a zealot. I don’t say that just be- sent that the Senate insist on its f cause I took the cure, so to speak, that amendments, agree to the request for a NATIONAL TOBACCO POLICY AND other people have to take it. But I conference, and the Chair be authorized YOUTH SMOKING REDUCTION ACT know what it is that got me around to to appoint conferees on the part of the Mr. LAUTENBERG. Mr. President, I ceasing my smoking habit, and it was Senate. thank the distinguished Senator from the love of a child. It was when my The PRESIDING OFFICER. Without Arizona for allowing time for me to youngest daughter of three children, objection, it is so ordered. make a few concluding remarks here, who was about 7 or 8 years old, came up The Presiding Officer appointed from because I want to discuss an amend- to me one night when I lit a cigarette the Committee on Finance, Senators ment that is one of those offered and after a meal and said ‘‘Daddy, why do ROTH, CHAFEE, GRASSLEY, MOYNIHAN pending. It is the Gregg-Leahy amend- you smoke?’’ And I said, ‘‘Well, I enjoy and BAUCUS and from the Committee ment. I want to express my opinion on it. It is restful, makes me feel good.’’ on Labor and Human Resources, Sen- this because I think this is a corner- And she said—this is a child in first or ators JEFFORDS, COATS and KENNEDY stone issue in terms of this piece of leg- second grade—and she said, ‘‘Today we conferees on the part of the Senate. islation, the tobacco bill altogether. I learned if you smoke you get a black f simply do not believe that we should box in your throat.’’ She said, ‘‘Daddy, ORDERS FOR THURSDAY, MAY 21, provide special legal protection to the I love you. I don’t want you to have a 1998 tobacco industry. black box in your throat.’’ This is after Mr. MCCAIN. Mr. President, I ask This isn’t a vote about holding to- I had been smoking some 20 years. unanimous consent that when the Sen- gether a coalition, as is often de- scribed, or some other purpose other I smoked before I went in the Army ate completes its business today, it and I made sure I smoked when I was stand in adjournment until 9:30 a.m. on than determination as to how this country conducts itself vis-a-vis its to- in the Army. When I was overseas dur- Thursday, May 21. I further ask unani- ing the war, I was used to trading butts mous consent that on Thursday, imme- bacco policy. This is going to be a with my friends. I would take a puff, diately following the prayer, the rou- straight vote, up or down, about pro- they would take a puff. Smoking was tine requests through the morning viding this industry with unprece- part of your life—not only part of your hour be granted and the Senate then dented legal protections. resume consideration of the pending Now, I described it before as kind of life, it was part of your resources. It amendments to the tobacco legislation. a cornerstone issue, because if these was a currency. You could trade it for The PRESIDING OFFICER. Without special protections that are being some fresh fruit. You could trade it for objection, it is so ordered. talked about in this bill, eliminating a bottle of water—we didn’t drink f immunity for this industry that cer- much bottled water in those days, but tainly doesn’t deserve immunities in whatever you chose to have. It was cur- PROGRAM my eyes, tobacco companies, if the bill rency. It was more valuable than the Mr. MCCAIN. Mr. President, for the stands unmodified, unamended, to- French franc or the Dutch guilder— information of all Senators, tomorrow bacco companies will get special legal places I was stationed—or the Belgium morning at 9:30 the Senate will resume protection for having such things as ar- franc, or the mark, for sure. consideration of the Gregg-Leahy senic in its products. But another in- amendment pending to the tobacco leg- dustry that might use arsenic in its So here I smoked and this child islation. It is the chairman’s intention products would not enjoy such protec- brought me to my senses, my daughter. to move to table the Gregg-Leahy tion. They would have to list their I tried to stop, I would say at least a amendment at approximately 11 a.m. I product, be very specific, get permis- dozen times. She convinced me in that add at this point, it could be later than sion to use it, et cetera. Why in the little message—‘‘I love you. I don’t that because we have had numerous re- world would we want to do that—be- want you to have a black box in your quests to speak on this amendment. So cause arsenic is a very dangerous mate- throat.’’ All I could think about were it could be later than that. rial among the many materials, 500 those beautiful big eyes looking at me Following that vote, it is hoped that items, that are included typically in a the next couple of days and that was the Democrats would be prepared to cigarette. the end of my smoking. Thank good- offer an amendment under a short time Why, of all the industries that we ness that child did me an enormous agreement. Following disposition of have in the United States, would we favor. S5246 CONGRESSIONAL RECORD — SENATE May 20, 1998 But the industry didn’t let me know in the bank. They could probably take manufacturers, or house builders. Food that. The industry didn’t let me know it to the bank as collateral for loans manufacturers have to list everything. at the time that I might develop an ill- very easily, because that person, with They are all subject to redress of their ness, emphysema, some other res- rare exception, was hooked. rights through the courts. That is the piratory problem, maybe a fatal heart That is why we have over 45 million way it ought to be. attack that couldn’t be predicted be- people today who can’t quit. I say they But here we want to do something cause of smoking. They never told me can’t quit because I never met a smok- different. So if this is a condition, why anything about those things. They said er yet of any duration—not once—and I shouldn’t we give all white-collar life is more beautiful, life is glamorous. meet people all the time, but not once criminals special protection? We could You could be a cowboy on a horse or a have I met a smoker who didn’t say extend it to drug dealers as well. great skier. I happen to be, it has noth- they would like to quit smoking. They The Gregg-Leahy amendment will ing to do with my smoking, but the tried. They have gone to clinics, wore keep the legal system right side up. It fact of the matter is that all of those patches, and they have done this and will prevent Congress from rewarding things give you images that are deceit- that. But every time they stop for a the corporate outlaws who are the to- ful, dishonest, and shouldn’t be allowed while, something else comes up, some bacco industry. Unless we pass this to be out there with impunity, because situation comes up, and they start all amendment, we are going to undermine if someone falls for that story, some- over again. the rights of Americans who have been one falls for that image, they wind up That is what they want our kids to harmed by the tobacco industry’s de- in deep, deep trouble, killing 400,000 do. They want our children to be their liberate conduct. These people are people a year in this country. That is marker. In all kinds of testimony dying of lung cancer, heart disease, and not a very credible industry, I must given—some of it willingly and some they are often debilitated in wheel- tell you. They don’t tell you that. unwillingly—by edict of the courts, es- So this industry knew that its prod- pecially in Minnesota, information has chairs or in hospitals. They become ucts caused cancer. They wouldn’t ac- come out that they new bloody well sick because they were nicotine ad- knowledge it. I sat at hearings galore. they were targeting kids, and they new dicts, which has the same pharma- I was part of one hearing where we had doggone well that they alter the nico- cological qualities as cocaine and her- the scientist in front of us from one of tine content and make that addiction oin. Mr. President, these people should the tobacco companies, a man with in- even firmer. They knew very well that not have their rights abridged, and the credible credentials if you looked at people got cancer and they knew very tobacco industry should not get un- his curriculum vitae. He had gone to well that people got sick. They didn’t precedented legal protection. great schools and he had done wonder- give a darn. They had one thing in I ask my colleagues to support the ful things. I asked him what happened their eyes: Cash. And they went after Gregg-Leahy amendment. Don’t let the when they tested the products on hu- it, and they were willing to seduce chil- tobacco industry get away with this, mans, and he said, ‘‘We didn’t do dren to do it. because, again, I think this talks about human research.’’ I almost fell off the In many other cases, if anybody the value of having this legislation. If chair. I said, ‘‘You didn’t?’’ All of these touches a hair on a child’s head, they they are free of their appropriate re- studies, by then 60,000 reports on the go off to jail. If they dare say some- sponsibility under the law, if they are dangers of smoking had come out. But thing improper to a child, they get free by virtue of a limitation on immu- this company, one of the biggest, said punished. These guys wanted to seduce nity, they are going to have a bonanza scientists representing him said, ‘‘Oh, 3,000 kids a day, a million a year, to here, and we ought not to permit it. no, we didn’t.’’ I said, ‘‘What did you do start smoking because they knew that This amendment is not a deal-breaker, in your research?’’ He said, ‘‘We did they made that cash register ring. This but it breaks a sweetheart deal for the some research on animals.’’ I didn’t industry, that purposely pushed its tobacco industry. I hope that when the pursue that because I am sure those product on to all American children, votes are counted here, the American animals didn’t fare very well. focused often on African Americans, or people will be watching to see what the This is an industry that deliberately minority children, who seemed to be a favorite industry of this body is. targeted our children, not for a good little susceptible. Now they find out it With that, Mr. President, I yield the purpose, not for better health, for is not just the minority children, it is floor. worse health, to try to addict them. If all children that are susceptible. it was an illegal drug, we would be This industry is being investigated f after these guys and they would be by the Justice Department. What kind of precedent does that set? Because thrown in jail for long, long sentences. ADJOURNMENT UNTIL 9:30 A.M. what we are talking about in this bill But they targeted our kids. They went TOMORROW to your children and my children and is immunity from lawsuits for damage said: ‘‘Smoke and you are going to be a created by the smoking habit which The PRESIDING OFFICER. Under hero among your peers. Smoke and you they were fooled into beginning. So the previous order, the Senate stands will be beautiful. Smoke and you will with all of that, and being investigated in adjournment until 9:30 a.m. on May be desirable.’’ All deceit, all lies, all de- by the Justice Department, we say we 21. termined, at no matter what cost, to want to protect them in the event of a Thereupon, the Senate, at 8:25 p.m., grab that child, get him or her smok- lawsuit? We don’t want to protect any- adjourned until Thursday, May 21, 1998, ing. They knew they could put money body else, like car manufacturers, food at 9:30 a.m. May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E905 EXTENSIONS OF REMARKS

INTRODUCTION OF THE 1998 U.S. solving the problems on our Forest Service Mr. Speaker, my fellow colleagues, please FOREST SERVICE ORGANIZATION lands. Today, we have ``teams'' and ``team join me in congratulating the Greystone Park REFORM LEGISLATION leaders'' in government but not supervisors. Association for providing 50 years of important Let me repeat, we have teams and team lead- service to the community at Greystone Park HON. JOE SKEEN ers, but not supervisors. Our forests deserve Psychiatric Hospital. OF NEW MEXICO attention not unsupervised teams. We need f IN THE HOUSE OF REPRESENTATIVES people who will be responsive to the needs of our natural heritageÐnot to the faceless bu- NATIONAL POLICE WEEK Wednesday, May 20, 1998 reaucracy that currently exists in the Forest Mr. SKEEN. Mr. Speaker, I rise today to in- Service. HON. GEORGE R. NETHERCUTT, JR. troduce legislation that is long overdue and There is no doubt that the USFS will say the OF WASHINGTON desperately needed. My legislation, the 1998 cost of implementing this legislation is too ex- IN THE HOUSE OF REPRESENTATIVES U.S. Forest Service Organization Reform bill is pensive. It will not be too expensive or more simple legislation. Under this proposal the cur- expensive. Not if they do it right. They need to Wednesday, May 20, 1998 rent Regional Offices of the U.S. Forest Serv- stop trying to protect their sacred regional of- Mr. NETHERCUTT. Mr. Speaker, I rise ice (USFS) would be eliminated. In the terms fice turf. If USDA agencies can do it and BLM today in honor of National Police Week to rec- of organization structure they would be re- can do it, then so can the USFS. ognize the service of all the law enforcement placed by state USFS offices. Each state f officers in the 5th Congressional District of would have a state director, just as several Washington who have answered the call to THE 50TH ANNIVERSARY OF THE other agencies within the U.S. Department of public service. GREYSTONE PARK ASSOCIATION Agriculture operate. The Bureau of Land Man- Society places large responsibilities on our GREYSTONE PARK, NJ agement (BLM), in the Department of the Inte- law enforcement officers and they perform rior also is organized in this manner. tasks well beyond the call of duty. They are Authority would be granted for the establish- HON. RODNEY P. FRELINGHUYSEN often the first contact individuals have with ment of up to six technical support centers as OF NEW JERSEY government. They should be commended for well as allowing the USFS to have multi-state IN THE HOUSE OF REPRESENTATIVES the great wisdom and compassion they show directors where the Federal presence is minor. Wednesday, May 20, 1998 when assisting individuals during times of The Forest Service office for a state would be Mr. FRELINGHUYSEN. Mr. Speaker, I rise great personal sorrow. responsible for the administration of National today to commemorate the 50th anniversary of By nature of their profession, law enforce- Forest System lands within the state. the Greystone Park Association. Founded in ment officers encounter individuals every day I have come to the conclusion that I can no 1948, the Greystone Park Association is an who reject every moral and ethical code of longer wait for the USFS to do the right thing. auxiliary to the Greystone Park Psychiatric conduct. In some cases, police risk their lives, I can no longer wait for them to solve their Hospital. The association was formed to aug- emotional well-being and future happiness to management problems. I can no longer wait to ment the services provided by the state and is ensure that our laws our enforced. They see our Forests suffer from neglect, mis- dedicated to working for the welfare of the pa- should be commended for their samaritan management and misuse. This administra- tients. service. tion's record on addressing the major issues The Greystone Park Association was found- Mr. Speaker, law enforcement is not a pro- facing our Forest on these issues is dismal. ed through the efforts of Mrs. Eads Johnson of fession for everyone, but it is a worthwhile Reinventing government in the USFS today Morristown, New Jersey. The main focus of calling. I encourage my colleagues and all means that nobody is in charge. It means for- the organization was to interest the public in Americans to take some time this week to est plans that nobody can understand. It the needs of mental hospitals, particularly thank a law enforcement officer in their com- means lawsuits and court decisions that de- Greystone Park Psychiatric Hospital and to in- munity for all the hard work and dedication stroy people's livelihoods and damages their terest people in volunteering for service either they give us all. families irreparably. in the hospital proper or in the association. f USFS state offices will be the first step in Since its establishment in 1948, the asso- bringing accountability into this agency of gov- ciation has been dedicated to serving the MICHAEL J. BURKE: BOYS HOPE/ ernment. This office will be closer to the peo- needs of patients at Greystone Park Psy- GIRLS HOPE HEART OF GOLD ple in the state. The Director will interface di- chiatric Hospital. The Greystone Park Associa- AWARD RECIPIENT rectly and often with state officials, local gov- tion is directly affiliated with the State Hospital. ernment and concerned citizens. The Director The association's membership is drawn from HON. ROB PORTMAN will be accountable for what happens in the Morris, Passaic, Hudson and Bergen counties, OF OHIO forest of the respective states. No longer which the hospital serves. IN THE HOUSE OF REPRESENTATIVES would the USFS be able to hide in their re- Many people have benefited from the 50 Wednesday, May 20, 1998 gional offices. No longer would they be able to years of tireless work of the members of the ignore problems in the respective states. The Greystone Park Association. The members Mr. PORTMAN. Mr. Speaker, I rise to rec- BLM manages more land than the USFS. The continue to operate shops containing clothing, ognize the contributions of Michael J. Burke, a BLM planning program has been a model of jewelry, antique treasures, etc. two days a constituent and community leader who will re- unbridled success when compared to the dis- week on a year round basis. Also, they hold ceive Cincinnati's Boys Hope/Girls Hope's astrous Forest Service process. Part of the an Annual Fall Festival, which is the most am- highest honor, the Heart of Gold Award, on reason for this success is having a more re- bitious fund-raising project and reflects the May 26, 1998. sponsive State office. combined efforts of the hospital, community Mike Burke's personal commitment to nu- I would add at this point I have met numer- and the Greystone Park Association. merous charities in our region reflects his phi- ous excellent USFS employees and I have The Greystone Park Association provides losophy of giving back to our community. For been continually puzzled as to why these admission packets, clothing, good grooming over 10 years, Boys Hope/Girls Hope has good people cannot make this agency work? items, games and books to patients through- been blessed by Mike's tireless energy, talent Why, year after year, do we have study after out the year, and each patient receives a per- and dedication. Boys Hope provides talented, study that talks abut the mismanagement? I sonal gift during the Holiday season. The underprivileged grade and high school children have finally decided that it is the structure of Greystone Park Association is committed to and young men with a safe, wholesome living the USFS that is smothering the abilities of the improving the quality of life of the patients at environment from which they can pursue their individual employees and stopping them from the Greystone Park Psychiatric Hospital. studies and prepare for college. The goal of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E906 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 Boys Hope/Girls Hope is to overcome the ob- geant Tomlinson served as the coordinator for TRIBUTE TO GENE CAPLINGER, stacles of poverty, abuse and neglect and pro- both the Search & Rescue and the Posse, and RALPH CARTER, BOBBY G. vide a structured, caring educational experi- has served in these departments up until his MILLS AND RAYBURN SMITH ence for students through high school and col- retirement. lege. During his career, Mr. Tomlinson worked in HON. MARION BERRY Through Mike's leadership, Boys Hope is the Madera County Jail, served as a patrol- OF ARKANSAS concluding a successful effort to bring Girls man, served as a detective, served as a de- IN THE HOUSE OF REPRESENTATIVES tective sergeant, and for all but two summers, Hope to Cincinnati. Girls Hope will permit the Wednesday, May 20, 1998 expansion of services to include young women was in charge of boating operations on Bass in Greater Cincinnati. Lake. Mr. BERRY. Mr. Speaker, I rise today to Mike's vision has provided so many young The highlights of his career are his Search honor four great Americans. people in our area with an exceptional oppor- & Rescue accomplishments. He directed and Gene Caplinger, Ralph Carter, Bobby G. tunity to succeed. All of us in Greater Cin- executed over 500 missions, directly saving 15 Mills and Rayburn Smith are veterans of cinnati owe Mike a debt of gratitude and con- lives by his actions. Additionally, he has lo- World War II and have been members of the gratulate him on receiving the Heart of Gold cated and helped more than 900 people who American Legion post in Harrisburg, Arkansas, Award. have been lost or injured. for 50 years. As members of the American Legion, these f Mr. Speaker, it is with great honor that I pay tribute to Sergeant Harvey Tomlinson. Ser- men have been tremendous supporters of the RECOGNIZING THE GOVERNOR’S geant Tomlinson's accomplishments in law en- community. The contributions they have made SCHOOL FOR GOVERNMENT AND forcement and devotion to saving lives should to future generations are immeasurable. Ar- INTERNATIONAL STUDIES serve as a model for anyone interested in a kansas Boys State, the American Legion career in law enforcement. I ask my col- baseball program, and countless scholarship HON. TOM BLILEY leagues to join me in wishing Sergeant Harvey funds have flourished in Harrisburg due to the Tomlinson continued success with any future leadership of these four individuals. OF VIRGINIA endeavors. Our nation is fortunate to have been rep- IN THE HOUSE OF REPRESENTATIVES f resented in times of trial by men of character Wednesday, May 20, 1998 like Gene Caplinger, Ralph Carter, Bobby G. GREENFIELD ELEMENTARY Mr. BLILEY. Mr. Speaker, I rise today to Mills, and Rayburn Smith. When their tours of SCHOOL HONORED BY DEPART- duty ended, these men chose to return home commend the outstanding performance of the MENT OF EDUCATION Governor's School for Government and Inter- and serve their hometown as they had served national Studies in Richmond, Virginia in the their country. Mr. Speaker, the people of Har- ``We the People * * * the Citizen and the HON. WILLIAM J. COYNE risburg could have asked for nothing more. Constitution'' national finals held in Washing- OF PENNSYLVANIA f IN THE HOUSE OF REPRESENTATIVES ton, DC, over May 2±4. A TRIBUTE TO LT. COL. MARK After beating other school teams on the Wednesday, May 20, 1998 SCHOENROCK State level, these talented, hard-working stu- Mr. COYNE. Mr. Speaker, I rise to com- dents went on to compete against 49 other mend the students, faculty, and administration HON. BILL BARRETT classes from across the nation. The perform- of Greenfield Elementary School, whose out- OF NEBRASKA ance demonstrated their remarkable under- standing performance was recently honored IN THE HOUSE OF REPRESENTATIVES standing of the fundamental ideals and values by the Department of Education and the Na- Wednesday, May 20, 1998 embodied in the Constitution and the United tional Association of State Coordinators of States government. Compensatory Education. Greenfield Elemen- Mr. BARRETT of Nebraska. Mr. Speaker, I commend students Anne Carpenter, tary is one of only 109 schools nationwide to Lt. Colonel Mark A. Schoenrock of Fairbury, Tiffanie Chan, Amy Depcrynski, Beky be recognized by the Title I Recognition Pro- Nebraska, completes 20 years of service in Dohogne, Chris Farrell, Melanie Forbes, Shan- gram. The Title Recognition Program honors the United States Army this month. After being non Goodwyn, Jennifer Gunter, Lauren Hamil- schools that have set and reached high stu- posted in Washington, DC, for the past 7 ton, Mason Hedgecoth, Zoe Heiberger, dent achievement goals, fostered professional years, Lt. Col. Schoenrock and his family will Serena Homes, Chris Kessler, Mat Reynolds, development, and built partnerships with par- be moving on next month to new challenges Takeisa Rowlett, Derick Russell, Sada Smith, ents and the community. in Denver, Colorado, where Lt. Col. Anne Sommers, Amol Tripathi, Mei Hwa Yeh Greenfield Elementary School is a great ex- Schoenrock has received a new posting as and their teacher Philip Sorrentino on this ample of what our public schools can accom- the Inspector General of the Colorado National achievement. plish with a lot of effort and some additional Guard. Having gotten to know Lt. Col. f resources. Eighty percent of Greenfield's stu- Schoenrock in his capacity as a legislative liai- dents are eligible for free or reduced price son with the Army, let me share with you TRIBUTE TO SERGEANT HARVEY lunches. Their ethnically diverse student body some of Lt. Col. Schoenrock's career mile- TOMLINSON is 65% African-American and 20% foreign- stones. born. 95% of the students are bused to He was commissioned an officer in the HON. GEORGE P. RADANOVICH school. Title I has allowed the school to re- United States Army on May 13, 1978, in Lin- OF CALIFORNIA duce its first-grade class size to 18 students coln, Nebraska, upon graduation from the Uni- IN THE HOUSE OF REPRESENTATIVES and provide instructional assistants to all versity of Nebraska-Lincoln (UN±L) and the Army Reserve Officers Training Corps Wednesday, May 20, 1998 grade levels. The people there believe this lower adult-to-child ration, which increases the (ROTC). He was a 4-year Army ROTC schol- Mr. RADANOVICH. Mr. Speaker, I rise interactions children have with caring and sen- arship winner, graduated from UN±L with dis- today to pay tribute to Sergeant Harvey Tom- sitive adults, is critical to creating a productive tinction, and was a Distinguished Military linson for providing 30 years of meritious law learning environment. Graduate. He completed the Quartermaster enforcement service to the community. Ser- The results at Greenfield are impressive. Officer Basic Course at Fort Lee, Virginia, with geant Harvey Tomlinson is retiring May 27, The children are in school 91% of the time. honors and was assigned as an Assistant Bri- 1998. Sergeant Tomlinson has saved 15 lives They are ranked among the top five schools in gade Logistics Officer, Platoon Leader, and in his career and is respectfully deserving of the district in communications and mathe- Battalion Logistics Officer with the 25th Infan- this honor. matics. They have used the diversity of their try Division (Tropic Lightning) at Schofield Bar- Sergeant Tomlinson started his career by student body as a teaching resource, which al- racks, Hawaii. While assigned to the Tropic volunteering for the Mariposa County Sheriff's lows students to learn about other countries, Lightning Division, Lt. Col. Schoenrock de- Posse in 1968. He was hired as a deputy by places, and customs. ployed three times to the Republic of Korea. Mariposa County in 1969 and later attained I applaud Greenfield Elementary School for Following his three years in Hawaii, Lt. Col. the position of undersheriff before leaving the its accomplishments. I know their success is a Schoenrock completed the Quartermaster Offi- department in 1975. He then joined the result of a great deal of hard work by teach- cer Advanced Course at Fort Lee, Virginia, Madera County Sheriff's Department where he ers, students, administrators, parents, and the again graduating with honors. He was se- became promoted to sergeant in 1981. Ser- Pittsburgh community. lected as the Outstanding Logistician for the May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E907 course. He was subsequently assigned to Fort TRIBUTE TO DR. WILLIAM LLOYD South Carolina Sociological Society and is a Riley, Kansas, and the First Infantry Division BIRCH Legacy Council member of the National Coun- (Big Red One) where he served as a Com- cil on Family Relations. He also served on the pany Commander and Maneuver Brigade Lo- HON. JAMES E. CLYBURN Board of Directors and was Chairman of the gistics Officer. In this agreement, he deployed OF SOUTH CAROLINA Legislative Action Committee of the South- twice to the Federal Republic of Germany. He IN THE HOUSE OF REPRESENTATIVES eastern Council on Family Relations. He was President and served on the Executive Com- was responsible for the entire logistical sup- Wednesday, May 20, 1998 port of 2,500 soldiers for eight weeks and their mittee of the South Carolina Council on Family safe and efficient transport from Kansas to Mr. CLYBURN. Mr. Speaker, I rise today to Relations, is a Clinical Member of the Amer- Germany and back. pay tribute to Dr. William Lloyd Birch of the ican Association of Marriage and Family Ther- Sixth Congressional District of South Carolina. apy, and served as Vice President of the Upon the completion of his 4-year tour at Dr. Birch has taught at Francis Marion Univer- South Carolina Association Marriage and Fort Riley, Lt. Col. Schoenrock was selected sity in Florence, South Carolina, since he Family Therapy. to represent the Army in the highly competitive moved to the Palmetto State in 1971. It is on Aside from his professional organizations re- Training With Industry (TWI) program. He the occasion of his retirement that I pay tribute lated to Sociology, Dr. Birch is a licensed Mar- served as the Army's first representative with to his 27 years of tireless involvement in the riage and Family Therapist. He remains in pri- the General Motors Corporation, Allison Gas community surrounding the Pee Dee area of vate practice at Family Therapy Associates in Turbines Division. He played an instrumental South Carolina. Florence where he has practiced since 1974. role in the development of the T±800 engine, A native of Louisville, Kentucky, Dr. Birch Dr. Birch has been a therapist at the Pastoral which is now the engine in the Army's Coman- received his B.A. at Georgetown College in Counseling Service in Florence, a Consultant che helicopter. Georgetown, Kentucky. He received a Th.B. to the S.C. Department of Youth Services, and Following TWI, Lt. Col. Schoenrock served from Southern Baptist Theological Seminary in a Consultant on Human Sexuality for the Na- as a Contracting Officer and Contracting Sec- 1955. From 1949±1960 Dr. Birch conducted tional Council of Churches Task Force on De- tion Chief in St. Louis, Missouri, responsible summer youth revivals throughout the state for velopmental Disabilities. He has also served for the development and acquisition of petro- the Kentucky Baptist Convention. He was a as a member of the Ethics Committee of leum and water logistics. He was responsible Mission Pastor and served as Interim Pastor McLeod Regional Medical Center. for the acquisition of many end items that for First Baptist Church in Prestonsburg, Ken- Dr. Birch's first professional appointment served our soldiers so well during Operation tucky. From there, he was pastor at came from Governor West in 1973. He was Desert Storm and that were vital to our ulti- Shakertown Baptist in Harrodsburg, Visalia appointed to the S.C. Council for the Develop- mate victory in the deserts of southwest Asia. Baptist in Covington, Wildwood Baptist in Ash- mentally Disabled and served as the Chair- He then was selected to attend the Army land, and Chevy Chase Baptist in Lexington. man of the Committee on Deinstitutionalization Command and General Staff College (CGSC) He served on the Board of Directors for The and Institutionalization Reform. He also co-au- at Fort Leavenworth, Kansas. Western Recorder, the Kentucky Baptist state thored South Carolina's first plan for deinstitu- paper, and was an Executive Board Member tionalization. Governor Campbell next ap- Following CGSC graduation, Lt. Col. pointed Dr. Birch to the S.C. Board of Examin- Schoenrock was selected to be the principal of the Kentucky Baptist Convention from 1964±1967. He was also on the Board of Di- ers for Licensure of Professional Counselors, acquisition advisor to the Inspector General of Associate Counselors, and Marital and Family the Army in Washington. In this role, he ad- rectors of the Christian Life Committee. In 1969, Dr. Birch received an M.A. in Soci- Therapists. He was re-appointed to the S.C. vised and assisted the Inspector General with ology from the University of Kentucky. He re- Board by Governor Beasley and will serve as some of the Army's most sensitive acquisition ceived his Ph.D. in 1971. Dr. Birch began his Vice President through 2001. He is also Chair- programs and other matters. He then was se- distinguished teaching career at Georgetown man of the Marriage and Family Therapy lected to serve as an executive officer in the College in Georgetown, Kentucky as a part- Standards Committee that reviews the creden- Office of the Assistant Secretary of the Army time instructor and then Assistant Professor. tials of all applicants seeking licensing as mar- (Research, Development and Acquisition). He Dr. Birch moved to the Sixth Congressional riage and family therapist in South Carolina. served as a key facilitator in preparing the District of South Carolina in 1971 and began Dr. Birch has also been a recent S.C. dele- Army leadership for senior level Secretary of as an Associate Professor of Sociology at gate to the Annual Meeting of the Association Defense and Congressional reviews for pro- FMU. In 1972, he established the Sociology of Marital and Family Therapy Regulatory grams that were valued in excess of $30 bil- major and Department of Sociology. He Boards. lion. served as Chairman of the department for 23 Although he is retiring from FMU, Dr. Birch He then was selected to serve as an Army years. From his leadership during the founding will continue to impact the lives of many of my liaison officer with Congress. Lt. Col. of the Sociology department, the Sociology constituents through his service as interim Schoenrock has worked directly with the Army major was the third most popular major on pastor at South Carolina's Southern Baptist leadership and with Members of Congress and campus for many years. Through 1994, it re- Churches. During the past 27 years, he has their staffs in resolving matter of the utmost mained in the top 5 largest majors of bachelor served as interim pastor 31 times, delivered sensitivity and urgency. level graduates. Since the University opened, 2,275 sermons. For seven of 27 years, he has filled a pulpit every Sunday. Dr. Birch has also Through the programs he has worked these 35% of all graduates have taken Dr. Birch's conducted over 100 Family Life Conferences past seven years in our nation's capital, Lt. Courtship and Marriage course, a course not for Baptist, Methodist, Presbyterian, Episcopal Col. Schoenrock has made a difference in the required by any major. During his stint at and Catholic churches. lives of thousands of people. He has worked FMU, Dr. Birch has also made professional Throughout his 27 years in South Carolina, to ensure programs totaling billions of dollars presentations and published articles or book Dr. Birch has served, and continues to serve, are wisely and prudently executed to provide reviews a total of 45 times. In addition, he has his State and community tirelessly. Mr. Speak- maximum benefit to the Army and to the com- made an average of one presentation per er, I ask that you join me in extending best munities that are so clearly related to the month during his tenure to workshops, civic wishes to him for a fulfilling retirement. Army. clubs, hospitals, hospices and Family Life Conferences for a total of 297 presentations. f Lt. Col. Schoenrock was recently selected Dr. Birch has received numerous awards as the next Inspector General for the State of COMMEMORATING THE 125TH during his tenure at FMU. He was awarded ANNIVERSARY OF LEVI’S JEANS Colorado's National Guard. In this position, he the Distinguished Professor Award in 1977± will advise and assist the State Adjutant Gen- 1978 and held the Joan and Garry Gladstone eral and Governor regarding military matters Chair in Sociology since 1989. He is also a HON. NANCY PELOSI OF CALIFORNIA within their area of responsibility, I'm confident member of the Alpha Kappa Delta Honorary IN THE HOUSE OF REPRESENTATIVES Lt. Col. Schoenrock will do his utmost to con- Society and the Pi Gamma Mu Honorary Soci- tinue his outstanding record of achievement ety. Among his professional affiliations are the Wednesday, May 20, 1998 and service to our nation in this new duties. American Sociological Association, Southern Ms. PELOSI. Mr. Speaker, I would like to Mr. Speaker, as a career Army officer, as a Sociological Society, Association for the Soci- ask members of the House of Representatives husband and father, and dedicated church- ology of Religion, and the Society for the Sci- to join me in celebrating the 125th Anniversary man, I wish Mark Schoenrock well as he and entific Study of Religion. He was a charter of an American legend: blue jeans. Or more his family depart Washington for Colorado. member and served as Vice President of the specifically, Levi's jeans. E908 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 On this day, the 20th of May, 1873, a Cali- sador Charlene Barshefsky relating to a World dramatic benefits from the breakup of the fornia businessman named Levi Strauss pat- Trade Organization issue discussed in the de- AT&T monopoly, a breakup which gave rise to an extraordinary flowering of new tele- ented the process of putting rivets in blue bate, be included in the CONGRESSIONAL communications services. Unleashing com- RECORD at this point. denim pants for greater strength. He did so petition in the international telecommuni- with the help of his business partner, Jacob [From Space News, May 11, 1998] cations satellite industry holds similar Davis, a tailor from Nevada. From that mo- BREAKING COMSAT’S HOLD promise. ment on, Levi's jeans have been a part of (By George L. Priest) The neglect of satellite competition, how- daily life in America and around the world. In recent weeks, several commentators in- ever, appears to have ended. The U.S. House Initially, the jeans gained popularity for their cluding Comsat and supporters such as of Representatives May 6 passed legislation superior quality and durability, but the inven- Nancie G. Marzulla in an op-ed piece entitled sponsored by Rep. THOMAS J. BLILEY (R-Va), tion was destined to become an international ‘‘Deregulation or Plain Old Theft,’’ Washing- chairman of the House Commerce Commit- ton Times, April 27, have argued that legisla- tee and Rep. EDWARD J. MARKEY (D-Mass.), phenomenon because of what they came to ranking minority member of the committee, represent: the spirit of personal freedom and tion introducing competition in the inter- national telecommunications satellite indus- that would require Comsat to compete in the originality. try constitutes a taking under the U.S. Con- satellite market stripped of its government- For more than a century, Levi's jeans have stitution’s 5th Amendment, which would re- conferred privileges and immunities. been part of the cultural experience in the quire the government to compensate Comsat Comsat has battled these efforts, claiming United States and overseas. From frontier for all its losses if Congress has the nerve to that the legislation constitutes a breach of independence to the fall of the Berlin Wall; pass the bill. the 1962 Satellite Act contract, an unfair dis- from Woodstock to the White House; from the In principle, I applaud the defense of pri- appointment of reasonable investor expecta- tions and, most dramatically, a compensable assembly line to casual Friday, blue jeans vate property rights against government in- trusion. But Comsat and Ms. Marzulla mis- taking under the 5th Amendment. In rhet- have been the uniform of individuality allowing take protection of property rights with the oric, these appear to be good conservative the wearer to express his or her essential self. protection of monopoly and confuse the de- positions: All conservatives believe in pro- It's remarkable to think that what was con- fense of investor expectations with the de- tecting investor expectations and com- ceived as a garment for California gold miners regulation of a telecommunications monop- pensating victims of breach of contract or of has evolved into a global icon for independ- oly to expand services and enhance consumer governmental takings. These principles, ence. But then again, good ideas have a way welfare. however, are horribly misapplied with re- Comsat was created by the Satellite Act of spect to Comsat and Intelsat. of making themselves well-known to everyone. Every monopoly in history has complained The familiarity we all share with blue jeans is 1962, which, like much activist legislation of that era, derived from the view that govern- about damage from competition. proof of that. ment-controlled investment buttressed by Indeed, Comsat’s complaints could be On this, the 125th anniversary of the inven- heavy regulation was superior to private- taken verbatim from the 1602 Case of Monop- tion of Levi's, please join me in acknowledging market initiative in developing industries. olies in which the person to whom Queen the spirit of freedom and limitless possibilities Indeed, the Satellite Act took this thinking Elizabeth had granted a monopoly over the that they symbolize. to the next level: If heavy regulation by the sale of playing cards protested when the English Parliament introduced competition. f U.S. government was needed for U.S. sat- ellite investment, then heavier, worldwide Standard Oil back in 1911 complained H.R. 1872—SATELLITE REFORM intergovernmental regulation was needed for about impairment of contracts and dis- LEGISLATION international satellite investment. appointment of expectations when the Jus- Thus, the Satellite Act tackled the prob- tice Department sought to break it up. The lem of ‘‘too few satellite communications fa- courts in 1602 and in 1911 rejected those argu- HON. TOM BLILEY cilities’’ by establishing Comsat as the U.S. ments, establishing and encouraging the OF VIRGINIA participant in an international satellite ven- competitive economy we enjoy today. It is not conservative policy to protect the IN THE HOUSE OF REPRESENTATIVES ture known as Intelsat. Intelsat, in turn, is owned mostly by gov- property rights of a monopolist. From Adam Wednesday, May 20, 1998 ernment-owned or protected telephone mo- Smith to the Chicago School more recently, Mr. BLILEY. Mr. Speaker, two weeks ago nopolies. In essence, Intelsat controls sat- true conservatives know the benefits of the maximum competitive order, compelling the the House overwhelmingly approved legisla- ellite facilities that possess dominant posi- tions over much of the world to which Com- break-up of monopolies or cartels to engen- tion to procompetitively privatize the intergov- sat has exclusive—which is to say, monop- der the most vigorous competition possible. ernmental satellite organizationsÐINTELSAT oly—access in the United States. The Bliley-Markey legislation may not go and InmarsatÐthat dominate international sat- Comsat and Intelsat, in fact, are among far enough in this regard. ellite communications today. This legislation, the last vestiges of exclusive governmental Although the legislation appropriately en- H.R. 1872, garnered near unanimous support monopolies, at least in the United States. courages the break-up of Intelsat, it does not of the House, which demonstrates the biparti- They have retained their near-monopoly po- specify the number of competing entities to result (three or four are a minimum to estab- san commitment of this body to enact this sition despite the general deregulation of in- dustry that began in the late 1970s and 1980s lish long-term competition), and the dead- form of satellite reform legislation this Con- in the United States, not to mention the vast line it sets for the break-up—January 2002— gress. privatization of government enterprise pro- is unnecessarily protracted. During the debate on the bill, there was ceeding worldwide. Once agreement is reached, Intelsat could considerable discussion on whether the bill Intelsat operates the world’s largest sat- be broken up within short months, could be ruled a ``taking'' of COMSAT's prop- ellite fleet, comprising 24 satellites in prime unleashing competitive energies imme- erty. The House soundly rejected this notion. geostationary orbital locations. Moreover, diately. Nevertheless, the bill’s reduction of Intelsat and Comsat enjoy a host of competi- Comsat’s governmental privileges and the Absent from that debate, however, was an im- opening-up of potential entry are surely im- portant commentary done by Mr. George L. tive advantages because of their intergovern- mental or quasi-governmental status. portant first steps. Priest, former member of President Reagan's Intelsat is completely immune from U.S. The notion that this legislation violates Commission on Privatization and now the Olin antitrust laws. It has preferential access to the 5th Amendment will not hold legal Professor of Law and Economics at Yale Law new orbital locations, and is exempt from water. The 1962 Satellite Act contains a pro- School. Mr. Priest conducted an analysis of myriad U.S. Federal Communications Com- vision that reserves the right of Congress to the takings issue regarding H.R. 1872 which mission regulatory requirements that apply repeal, alter or amend the act. Even without he reflected in a lengthy monograph. This to private satellite competitors. this provision, this case is far different from In addition, Intelsat and Comsat have com- the recent decision—loudly invoked by Com- monograph was circulated to Members prior to petitive advantages by virtue of Intelsat’s sat—in which the Supreme Court held that the debate on the bill and a similar version ownership structure. Intelsat’s owners have various savings and loan associations could has been subsequently published in the May a financial stake in denying overseas access sue the government for breach of contract 11, 1998, issue of Space News in an article to competitors. Each use of a private, inter- when Congress enacted the Federal Institu- entitled ``Breaking Comsat's Hold.'' In sum- national satellite to access a foreign country tions Reform, Recovery, Enforcement Act of mary, Mr. Priest concluded that COMSAT's reduces the financial dividend from satellite 1989. takings argument ``will not hold legal water.'' services that would otherwise flow to that In the savings and loan cases, in order to induce a solvent savings and loan to take I think the House would benefit from Mr. country’s Intelsat signatory. Private U.S. satellite companies, as a consequence, con- over one that had failed, the Federal Home Priest's viewpoint on this important matter and tinue to be shut out of many foreign mar- Loan Bank Board promised a favorable ac- I ask that it, along with a letter from the Wash- kets. counting treatment that made the acquisi- ington Legal Foundation and a letter from Within the last decade and a half, most tion profitable. Congress later renounced the United States Trade Representative Ambas- American consumers has received direct and accounting treatment. The Supreme Court May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E909 held that, in the earlier contract, the gov- partners provide market access for satellite- gations that U.S. measures are inconsistent ernment had expressly assumed the risk of based delivery of basic telecom services. with our WTO obligations. There is no ques- the regulatory change that Congress subse- Based on a note issued by the chairman of tion that we would do the same for any FCC quently enacted. the negotiations in November, 1996, which decision to deny or condition a license to ac- There is no parallel with respect to inter- has become part of the formal record of the cess an ISO or a future privatized affiliate, national satellites. One cannot construe the proceedings, we have clarified the scheduling subsidiary or other form of spin-off from the 1962 Satellite Act as a governmental assump- approach with regard to satellites. As a re- ISO. For your information, Section 102(c) of tion of all risks of subsequent regulatory sult, close to forty countries have made of- the Uruguay Round Agreements Act, specifi- changes with regard to international sat- fers that would provide full market access cally denies a private right of action in U.S. ellites. This is particularly obvious when for satellite-based delivery of all scheduled courts on the basis of a WTO agreement. Congress incorporates into a law as it did in services, on an immediate or phased-in basis. Therefore, a FCC decision is not subject to the Satellite Act a provision reserving the WTO members that make specific commit- judicial review in U.S. courts based upon a right to repeal, alter or amend the law. ments on satellites will be subject to allocat- WTO agreement, such as the General Agree- It is an interesting but unanswerable his- ing and assigning frequencies in accordance ment on Trade in Services. torical question whether the international with the principles of most-favored-nation The United States is confident that it telecommunications satellite industry would and national treatment, as well as in accord- would win if a U.S. decision went to WTO ance with the requirement for domestic reg- be more advanced and developed today if dispute settlement. If the United States did ulations in the General Agreement on Trade Congress had kept out of the business in 1962 not prevail, however, we would not allow in Services. Almost all of the countries mak- and allowed the private market to develop trade retaliation measures to deter us from ing full satellite commitments have also on its own. I believe it would, though that is protecting the integrity of U.S. competition adopted the reference paper on pro-competi- largely beside the point now. policy. The conservative (as well as liberal) agen- tive regulatory commitments. As a result, I appreciate the support your firms’ rep- da here, as in all other areas of economic they will be obligated to provide additional resentatives have expressed for our objec- life, is for the U.S. government and govern- regulatory safeguards with respect to alloca- tives in the WTO negotiations. ments around the world to reduce their regu- tion and use of radio frequencies. Sincerely, latory role, especially where that role is to A successful agreement on basic telecom CHARLENE BARSHEFSKY, protect an entrenched monopoly. services would also obligate those countries Congress must withdraw the deadening which have not made satellite commitments United States Trade hand of the 1962 Satellite Act and introduces to provide treatment no less favorable to Representative—Designate. maximum competition in the international satellite service providers of the United f telecommunications satellite industry to the States than the treatment provided to serv- benefit of all consumers. ice suppliers of other countries. This would CONGRATULATIONS TO THE WIN- apply, for example, to how WTO members NERS OF THE EXCELLENCE IN reach decisions regarding new market access BUSINESS AWARDS WASHINGTON LEGAL FOUNDATION, arrangements involving service suppliers of Washington, DC, May 5, 1998. other countries. Hon. TOM BLILEY, I share your deep concern regarding the HON. GEORGE P. RADANOVICH Chairman, Committee on Commerce, House of possible distortive impact on competition in OF CALIFORNIA Representatives, Rayburn House Office the U.S. satellite services market of certain IN THE HOUSE OF REPRESENTATIVES Building, Washington, DC. proposals for restructuring INTELSAT. The DEAR CHAIRMAN BLILEY: This is in response United States has proposed a restructuring Wednesday, May 20, 1998 to your letter requesting a clarification of of INTELSAT that would lead to the cre- WLF’s views regarding the ‘‘Communica- Mr. RADANOVICH. Mr. Speaker, I rise to ation of an independent commercial affiliate, day to congratulate Kuckenbecker Tractor of tions Satellite Competition and Privatiza- INTELSAT New Corporation (INC). If made tion Act’’ in light of concerns that WLF’s independent, the United States believes that Madera, Boys and Girls Clubs of Fresno views have been mischaracterized. the creation of INC will enhance competition County, Bank of the Sierra of Porterville, Com- I want to make it very clear that the and help ensure the continuation States be- munity Health System of Fresno, Duncan En- Washington Legal Foundation does not in lieves that the creation of INC will enhance terprises of Fresno, Valley Public Television of any way oppose your bill or in any manner competition and help ensure the continu- support amendments to your bill. Fresno, Denham Personnel Services of Fres- WLF does not engage or participate in any ation of INTELSAT’s mission of global no, Sherwood Lehman Massucco, Inc., Pear- lobbying activity whatsoever. In fact, some connectivity for core services. As you are son Reality of Fresno, Gottschalks Inc. of aware, however, many INTELSAT members members of WLF’s own Advisory Boards dis- Fresno, and Hall of Fame winner, Marilyn agree with WLF’s legal analysis of the are resisting the idea of independence for INC and we believe that a failure to achieve Hamilton of Fresno for being honored by the Takings Clause in connection with this legis- Fresno Bee with the Excellence in Business lation. independence could adversely affect competi- Unfortunately, when we sent our analysis tion in the U.S. satellite services market. In Award. to the Members who requested it, we did not the WTO negotiations we have taken pains For the third year now, The Fresno Bee is anticipate that it would be used as the basis to preserve our ability to protect competi- recognizing some of the most respected for any legislative tactics or strategy which tion in the U.S. market. names in business in the San Joaquin Valley. would oppose your satellite reform bill. We Our legal conclusion, for which there is a The businesses selected were chosen be- take no legislative position whatsoever. consensus among participants in the WTO negotiations, is that the ISOs do not derive cause of setting trends and serving customers We are grateful for your leadership on free unlike any other business. The winners were enterprise issues and appreciate the oppor- any benefits from a GBT agreement because tunity to clarify this matter with you. of their status as treaty-based organizations. also recognized for success, growth, and set- Sincerely, The status of ISOs was discussed in detail in ting high ethical and community standards. DANIEL J. POPEO, the GBT multilateral sessions. No delegation The judges for this event include Fresno Busi- General Counsel. in the GBT negotiations has contested this ness people, a retired school principle, a conclusion. We have also concluded that the United member of the Kings County Board of super- EXECUTIVE OFFICE OF THE PRESI- States cannot be forced to grant a license to visors and other selected community leaders. DENT, OFFICE OF THE UNITED a privatized ISO (should the ISO change its Kuckenbecker Tractor of Madera is a family STATES TRADE REPRESENTATIVE, treaty status and incorporate in a country) owned business that started in 1945. Richard Washington, DC, February 12, 1997. or to a future privatized affiliate, subsidiary Kuckenbecker took the small company that Mr. FREDERICK A. LANDMAN, or other form of spin-off from the ISO. Exist- employed six people in Madera in 1961 and President and Chief Executive Officer, ing U.S. communications and antitrust law, expanded it into a two-store operation in both PanAmSat Corporation, Greenwich CT. regulation, policy and practice will continue Fresno and Madera that employs 40 people DEAR MR. LANDMAN: I am writing in reply to apply to license applicants if a GBT deal to a letter of January 31, 1997, from your goes into effect. Both Department of Justice and generates $8 million in revenue. legal counsel, regarding the negotiations on and FCC precedent evidence long-standing The boys and Girls Clubs of Fresno County basic telecommunications services at the concerns about competition in the U.S. mar- is a charitable organization that has a staff World Trade Organization. The U.S. goal in ket and actions to protect that competition. and volunteers who work with thousands of these negotiations is to strengthen the abil- We have made it clear to all our negotiating children each year. The organization is instru- ity of the U.S. satellite services industry to partners in the WTO that the United States mental in providing educational, social and compete globally, and on a level playing will not grant market access to a future cultural reinforcement for children. field, with the inter-governmental satellite privatized affiliate, subsidiary or other form services organizations and with satellite of spin-off from the ISOs, that would likely in 1977, Bank of the Sierra, Porterville was service providers of other countries. lead to anti-competitive results. started with a single branch in Porterville by The United States has taken a number of It has always been U.S. practice to defend 17 Tulare County residents. It hosted 11 em- steps to make certain that our key trade vigorously any challenge in the WTO to alle- ployees and garnered $1.5 million in assets. E910 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 Today, it has grown into the largest Valley- tional businesses and business leaders were to specifically provide that natural gas gather- based bank with nearly $387 million in assets honored for their unique contributions to the ing lines are subject to a 7-year cost recovery and more than 230 employees with nine business community and exemplary business period. While I believe that this result should branches and eight specialty credit centers. skills. I ask my colleagues to join me in wish- be axiomatic under existing law, this bill would Community Health Systemso Fresno is a ing Kuckenbecker Tractor of Madera, Boys eliminate any uncertainty surrounding the $400 million-a-year organization that employs and Girls Clubs of Fresno County, Bank of the proper treatment of these assets. The bill also more than 4,700 people and has a medical Sierra of Porterville, Community Health Sys- includes a proper definition of ``natural gas staff of more than 1,100 physicians. Its chief tem of Fresno, Duncan Enterprises of Fresno, gathering lines'' to distinguished these assets executive officer is Dr. J. Philip Hinton. Valley Public Television of Fresno, Denham from pipeline transportation for purposes of Duncan Enterprises of Fresno makes paint Personnel Services of Fresno, Sherwood Leh- depreciation. and other items for hobbyists. The company man Massucco, Inc., Pearson Reality of Fres- I urge my colleagues to support this impor- expects a 37 percent growth in sales this fis- no, Gottschalks Inc. of Fresno, and Hall of tant legislation. cal year. Duncan Enterprises has been a fix- Fame winner, Marilyn Hamilton of Fresno H.R. — ture in Fresno for many years. The company many more years of continued success. Be it enacted by the Senate and House of Rep- brought the assets of a Massachusetts com- f resentatives of the United States of America in pany and planned to move its operations to Congress assembled, Fresno over six months. It worked with the CLASSIFICATION OF NATURAL SECTION 1. NATURAL GAS GATHERING LINES production employees of the company to allow GAS GATHERING LINES TREATED AS 7-YEAR PROPERTY. them to stay employed during the phase-out of (a) IN GENERAL.—Subparagraph (C) of sec- the operation, while also coordinating training tion 168(e)(3) of the Internal Revenue Code of HON. SAM JOHNSON 1986 (relating to classification of certain for them in resume writing and interviewing OF TEXAS property) is amended by redesignating clause skills. IN THE HOUSE OF REPRESENTATIVES (ii) as clause (iii) and by inserting after Valley Public Television of Fresno has oper- Wednesday, May 20, 1998 clause (i) the following new clause: ated the San Joaquin Valley's only public tele- ‘‘(ii) any natural gas gathering line, and’’. vision station from its Fresno studios since Mr. SAM JOHNSON of Texas. Mr. Speaker, (b) NATURAL GAS GATHERING LINE.—Sub- 1977. It has continued over the years to pro- today I have introduced legislation, H.R.Ðto section (i) of section 168 of such Code is vide services and programs to meet the di- provide much needed certainty with respect to amended by adding at the end the following the proper depreciation classification of natural new paragraph: verse demands of the changing community. ‘‘(15) NATURAL GAS GATHERING LINE.—The Colin Dougherty serves as the general man- gas gathering lines. Natural gas gathering term ‘natural gas gathering line’ means the ager and executive director of the station. lines play an integral role in the production pipe, equipment, and appurtenances used to Denham Personnel Services of Fresno was and processing of natural gas as they are deliver natural gas from the wellhead to the founded 28 years ago by B. G. ``Bud'' and used to carry gas from the wellhead to a gas point at which such gas first reaches— Jean Denham. It started off as a single office processing unit or interconnection with a trans- ‘‘(A) a gas processing plant, mission pipeline. In many instances, the gath- ‘‘(B) an interconnection with an interstate and has grown to include offices in Madera natural-gas company (as defined in section and Selma and a full-time staff of 14. On ering network for a single gas field can consist 2(6) of the Natural Gas Act), or every working day of the year, an estimated of hundreds of miles and represents a sub- ‘‘(C) an interconnection with an intrastate 200±300 people in the Valley get up and go stantial investment for natural gas processors. transmission pipeline.’’ to work because they have been placed in The proper depreciation classification for (c) EFFECTIVE DATE.—The amendments jobs by Denham Personnel Services. specific assets is determined by reference to made by this section shall apply to property Sherwood Lehman Massucco, Inc. of Fres- the asset guideline class that describes the placed in service before, on, or after the date of the enactment of this Act. no is an executive search firm that has been property. Asset class 13.2, subject to a 7-year finding top management talent for companies cost recovery period, clearly includes: f located in Central California since 1978. The . . . assets used by petroleum and natural ON THE SPEAKER’S VISION FOR firm believes in recruiting locally if possible, gas producers for drilling wells and produc- HEALTH IN THE 21ST CENTURY but has extensive experience in nationwide tion of petroleum and natural gas, including searches when the best candidate is not avail- gathering pipelines and related production able in the Valley. facilities. HON. RICHARD K. ARMEY Pearson Realty of Fresno was founded in Not only are gathering lines specifically ref- OF TEXAS 1919 and has become one of the largest inde- erenced in asset class 13.2, but gathering IN THE HOUSE OF REPRESENTATIVES pendently owned commercial real estate firms lines are integral to the extraction and produc- Wednesday, May 20, 1998 in the Valley. Its farm division is the largest in tion process. Nonetheless, it has come to my Mr. ARMEY. Mr. Speaker, I would like to in- California and possibly the nation. The com- attention that some Internal Revenue Service sert in the record a transcript of a recent pany pays a portion of net profit back to em- auditors now seek to categorize natural gas speech on the subject of health in the 21st ployees in the form of bonuses. gathering lines as assets subject to a 15-year century by the Speaker of the House, the gen- Gottschalks, Inc. of Fresno was founded in cost recovery period under asset class 46.0, tleman from Georgia, Mr. GINGRICH. 1903 in downtown Fresno by Emil Gottschalk. titled ``Pipeline Transportation.'' As is so often the case, this speech by the The regional retailer has grown to 37 depart- Over the past several years, I have cor- gentleman, given to the American Association ment stores and 22 specialty stores employing responded and met with officials of the De- of Health Plans in mid-February, is full of in- more than 5,500 people at sites in California, partment of Treasury seeking clarification of sight. Nevada, Washington and Oregon. It is the Internal Revenue Service policy and the At a time when the liberals and some doc- only Central Valley-based company traded on issuance of guidance to taxpayers as to the tors' associations are pressing for new govern- the New York Stock Exchange, going public in proper treatment of these assets for deprecia- ment mandates on health insurance compa- 1986. tion purposes. These efforts have been to no nies, and President Clinton is trying to achieve Hall of Fame winner, Marilyn Hamilton of avail. In the meantime, the continued con- socialized medicine incrementally, it is impor- Fresno had a sudden turn of events in her life troversy over this issue has imposed signifi- tant that we step back, as the Speaker wisely almost 20 years ago when she became para- cant costs on the gas processing industry on observes, and rethink the whole question of lyzed in a hang-gliding accident. Frustrated by audit and in litigation, and has resulted in a di- how to improve health and not just health care the clunky design of her wheelchair, Hamilton vision of authority among the lower courts as or health insurance. and two hangglider friends built their own light- to the proper depreciation of these assets. In the coming health-care revolution, which weight chairs. They formed Motion Designs, While it is not my intent to interfere with ongo- promises to be an age of highly informed con- which was bought by Sunrise Medical in 1986. ing litigation, I do believe that legislation is sumers and entrepreneurial doctors and insur- Hamilton is now vice president of consumer needed to clarify the treatment of these assets ers coming together to provide ever greater development at Sunrise, and the Quickie under the Internal Revenue Code in order to quality for customers at ever lower costÐin wheelchair she designed has become an in- provide certainty to the industry for tax plan- such an age the old prescriptions of regulation dustry leader. ning purposes, and to avoid costly and pro- and mandates will be shown for the anachro- Mr. Speaker, it is with great honor that I tracted audits or litigation. nisms they really are. congratulate these fine businesses and busi- Accordingly, I have introduced legislation America's health-care system, for all its ness leaders in the community. These excep- that would amend the Internal Revenue Code many faults, is still the best system in the May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E911 world when it comes to the quality of our doc- things you do every day to remind people wrong answer. But I think where we all col- tors, our drugs, our devices, our treatments, that they have an obligation to check at lectively failed is that at that point what we our techniques, and our technologies. least once a year to see how they are doing. should have said is, okay, now can we go But all of that progress would be threatened One of the things you try to figure out is to back to the original dialogue? And instead, remind diabetics they have an obligation what happened was all the folks were very by the Democrats' ``Patients' Bill of Rights every day, several times a day, to check busy. Everybody went back to their own Act,'' H.R. 3605. This bill puts me in mind of their blood sugar, so that it’s a very dif- game, most of which are at the level of a tac- medieval barbers applying leeches. It is one of ferent model than the model we’ve tradition- tic or a project. So there is almost no vision- the more misguided, irresponsible, and politi- ally had. level discussion in America about health. cally inspired bills I have seen. It is a breath- Now, coming off of tactics, I put four words And yet the most objective fact about health taking collection of costly mandates and in a straight line because they are a process; in America is that it is an obsolete model of grants of bureaucratic power. It would regulate that is, they are not a hierarchy. They are delivery based on, first, you have to get real- all equally important, but they occur in a se- the health insurance industry in every imag- ly sick. quence, the words which we use for what we We need to return to the overall dialogue inable way. It would eliminate all but the most think is the essence of leadership, and they on health. Let me give you a very simple restrictive HMOs. It would enable nurses and are very simple, but I think they apply di- premise for that dialogue. The National War doctors to go on strike. It would divert scarce rectly to the challenge you all face: listen, Labor Board, in 1943, for totally wartime-re- health resources to lawyers and bureaucrats. learn, help, and lead. Now, we figured out in lated, wage-and-price-control reasons, cre- It would make insurance unaffordable for mil- a democracy in the Information Age, the ated the tax incentive and the way we now lions of working Americans. It would swell the first job of leadership is to listen. structure third-party payments. And this is Now, we put ‘‘learn’’ second because we entirely an artificial artifact. It makes no ranks of the uninsured. And it would impose discovered two interesting phenomena about innovation-stifling restrictions on the practice sense. If you were to actually sit down and Americans. Americans will spend a lot of say, let’s design health for America, you of medicine, just to name a few of its likely ef- time with their eyes glazed over standing would not say, if you pay all your own health fects. next to somebody at a cocktail party while costs, you get no tax deduction until seven Happily, I have confidence that this Con- that person babbles. That is not listening; percent of your income has been spent, but if gress is not going to pass this backward bill, that’s patience. We also discovered that you will go and work for a company, you can or anything like it. Members are increasingly most Americans have a habit of paying very get a 100 percent. By the way, if you’re self- aware of the dangers of such politically in- careful attention to their own arguments. If employed, you won’t get the 100 percent. It is you get in an argument, you really listen to spired legislation, and will, I think, warmly em- all a historical anachronism. yourself when you argue. When it’s the other In this national dialogue on health, we brace the happier, freer vision for health in person’s turn, you pretend to listen, but America outlined in the address of the gen- need to start with basic health research. We you’re actually restructuring your own argu- need to look at things like the National In- tleman from Georgia. I commend that address ment. That’s not listening; that’s cheating. stitutes of Health database MEDLINE and What we are trying to do is what consult- to the attention of all of my colleagues. the ability to create a computer-based sys- ants describe as appreciative understanding. tem where any patient anywhere in the ‘‘HEALTH CARE REFORM IN 1998: WHAT CAN WE You have to understand what the other per- country can get access to any information, EXPECT FROM THE 105TH CONGRESS?’’—KEY- son is saying and appreciate why it is true which is, frankly, going to drive doctors nuts NOTE ADDRESS BY NEWT GINGRICH, AAHP for them. You don’t have to agree with them. because it’s going to mean they are going to 1998 POLICY CONFERENCE, FEBRUARY 22, 1998 You don’t have to sympathize, but you have have patients with specialized diseases who Let me tell you where I think we are on to understand what they are saying. So you know more about the state of the art than health, and I want to start with a very sim- haven’t finished your listening/learning they do, and you’re going to have a patient- ple planning model of eight words. I want to phase until you know what they are saying led information system. share this model with you because I think and why they think it makes sense, even if And the real reason we are having a fight it’s the heart of our current challenge in you don’t. health. It’s four words that are a hierarchy Now, in a rational world, as a general prin- over HMOs has nothing to do with quality of and then four words that are a straight line. ciple, if somebody will listen to you and care; it has to do with power. This is a coun- The top word is ‘‘vision,’’ and I think this is learn from you, you help them. First of all, try which hates concentrations of power, and the place we most have failed. What is our because they ventilate. You help them, sec- in a very real sense HMOs are suffering from vision of America’s future in health? And no- ond, because you put them in that position the same challenge that any other con- tice, I didn’t say ‘‘health care.’’ I think when where you might ask them good questions, centration of power suffers from. Americans you say ‘‘health care,’’ you’ve already come so they think thoughts they never had be- hate to be controlled. Remember, we did down a layer of detail. fore; you open them up. You might have have a flag in the Revolutionary War on Our interests ought to be health and then, ideas they didn’t have. You may have infor- which was a snake, and which said: ‘‘Don’t secondarily, health care. Take the example mation to empower them that they didn’t tread on me.’’ It’s very close to the Amer- of diabetes. We know there are Indian tribes have. You may actually have authority or ican model. that have 50 percent diabetes rates. If we resources you can give to them. There is a wonderful new history by Paul could save 45 of that 50 percent from needing In a rational world, if somebody knows you Johnson called ‘‘A History of the American kidney dialysis, we would lower the cost of will listen to them, learn from them, and People,’’ which I recommended to all of you; health care because we would increase help them, they will ask you to lead. Now, he really captured the heart of American civ- health. So it’s very important at the vision what I usually do is I draw a line, then, from ilization. One of his lines is that in 1775, we level what words do you use, what do they the word ‘‘lead’’ back up to ‘‘vision.’’ You were possibly the lowest taxed people in the mean, because that then defines all the other then say: Here is my vision, here are my history of the world, and we hated every layers. strategies, here are my projects, here are my penny. There was no sense of gratitude. The second layer is strategies. What are tactics, and you immediately go back to lis- Now, the reason I’m suggesting this is, we your strategies for getting something done? ten and say, what do you think of them? Now are trying to design a health system for For example, I am passionate about preven- I think that model applies exactly to where Americans. Americans believe it is their nat- tive care and wellness, and one of our strate- we are in health in America today. ural right, that they are endowed by their gies in Medicare reform was to begin to move Now, let me tell you the mistake I think creator with the right to have total access, towards more early screening, more preven- we all make. When the Clinton administra- with the right to question any authority fig- tive care, which we believe will ultimately tion came in, they saw a charge, which is ure, with the right that if they don’t like the save money, but is scored in this city as a very real, which is that we need to rediscuss first diagnosis, they get a second one. They cost. The Centers for Disease Control esti- health in America. Notice, I didn’t say need a ventilation point that is an authority mates if you had really effective screening ‘‘health care.’’ This is going to be one of my figure that they can go to beat up the other and education on diabetes, it would save $14 first real efforts at redefining this dialogue. authority figure that they are mad at. We billion a year. Yet you cannot get the Con- We should not talk about health care in need to ask: What are the patients’ rights? gressional Budget Office or the Office of America until we first finish talking about What are their responsibilities? Do they Management and Budget to score that. health in America, because they are not the agree those are their rights and their respon- The third level is a project, and a project same topic. And the minute you get into sibilities? What’s their ventilation point? in this model is the real building block of health care, you’re already in a narrower and There is a power struggle between medical management, but it’s an entrepreneurial smaller future than if you start by discuss- professionals and administrators, and that’s model, so I want to give you a definition. A ing health, a subset of which is health care. a big part of what’s happening with the project is a definable, delegatable achieve- And I think the president was right in 1993 HMOs because every time the medical doctor ment. That’s a very important distinction. to say we need a dialogue. I think he was is mad, he or she explains to the patient that The bottom line is tactics. What do you do wrong in offering a solution that was a it’s the HMO’s fault. Or every time they every day? And tactics relate directly back failed, centralized, bureaucratic model of can’t do something the patient wants, they to the top. For example, if you’re interested control. And the country, after it thought say, ‘‘I would, but they won’t let me.’’ And in preventive care and wellness, one of the about it for a year, decided that was the so you have a real power struggle. E912 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 If you look, for example, at the PARCA So how do we maximize that rate of Force, I have had the opportunity to meet with bill, it is largely a design of all the profes- change? How do we maximize the citizens’ numerous organizations and individuals inter- sionals who now want their share of the pie, access to knowledge, including their knowl- ested in finding ways to reduce drug use. One and it’s their version of how they would re- edge about their own responsibilities and design it if health care was a pork-barrel knowledge about their own characteristics of the studies that caught my attention was a project. But what you need to understand is, and knowledge about how to stay well rather study by the Center on Addiction and Sub- that is a natural partner of historic evo- than get sick? How do we maximize the abil- stance Abuse. It stated that a 12-year-old who lution once you politicize these decisions. ity to connect the citizen to the professional smokes marijuana is roughly 80 times more I’m not up here today to say anybody is at the minimum cost with the maximum likely to use cocaine than one who does not, right. I’m up here today saying let’s look at choice? How do we create feedback loops, adults who as adolescents smoked marijuana the whole country. The M.D. is going to be both so that we know it’s the right profes- are 17 more times likely to use cocaine regu- threatened because the truth is we can begin sional, and so if something goes wrong, we larly, and 60 percent of adolescents who use to turn into expert systems. We can begin to can check on it? have more preventive care. We can begin to And if you could tomorrow morning take marijuana before age 15 will later use cocaine. have more patient responsibility. We can your HMO or take your health organization It seems to me, Mr. Speaker, that the key begin to have more information to the pa- and find a way to have 100-percent deduct- to reduce overall drug use is to find ways to tient. ibility for health, so that a person who paid curtail the number of our children who use All of that is going to threaten the medical out of their own pocket had exactly the same drugs. As a parent, I realize that the lifestyle doctor. But their problem now is going to be deductibility as a big corporation and said to decisions my wife and I make will impact our science and the Information Age, not the all of your members, ‘‘Here is basically a caf- children. Our children are fortunate that they HMO administrator. The HMO administrator eteria plan. Which of these nine things do must recognize that if you don’t have a very have had a good example set for them, but you like better?’’ you would lose some of there are many kids whose parents or other high-quality response, if you’re not very cus- your mass purchasing power, but you would tomer oriented, and if you haven’t built a put back on their shoulders their responsibil- role models send them the wrong message very good response system for your customer ity. So you like the HMO? Fine. Come in and that drugs are acceptable by their own drug so that they have a ventilation point where join one. You would rather go and buy it all use. I believe the government has an obliga- they can get a second opinion, where they on your own? Fine. Go buy it all on your tion to punish more severely those who influ- can appeal to a higher authority against the own. ence the children of America by using or pos- authority that’s made them mad, you’re And what I’m suggesting is that where we sessing drugs in their presence. guaranteed to get political action; that the need your help is not only doing better, and Mr. Speaker, the Save Our Children Act, only way to avoid political action is to have a lot of you represent some of the most en- a self-fine-tuning, a self-responding, and a which I am introducing today, sends a strong lightened and most aggressive and most pa- message that drug use or possession of drugs self-evolving system that is customer-friend- tient-oriented and also most health-re- ly and consumer oriented. search-oriented people in the country. But around children will not be tolerated. Under In addition, I would argue that if we are I’m also asking you to take a little extra current law, there are enhanced penalties for really at the vision level talking about the time, go back up to the vision level. Help us the distribution of a controlled substance to future of health in America, it’s likely to be solve the big issues. Help us think about persons under age 21 by persons over age 18 a different system than anything we’ve seen, what do we mean in the 21st century by (21 U.S.C. 859); employment of persons that the ideal model is one that goes back to health in America. What should a citizen dramatically strengthening the patient, that under age 18 for violation of the Controlled have access to? How do we maximize the rate the patient ought to have a lot more choices Substance Act or unauthorized distribution to of change? and more responsibilities. And I’ll just close with this thought. a pregnant individual (21 U.S.C. 861) and dis- I’ve always like the International Paper Health is not a problem. Health is an oppor- tribution or manufacturing of a controlled sub- model where they list every doctor in the tunity. Health will be the largest, foreign-ex- stance in or near schools, colleges or youth- area and every hospital in the area, and they change, income earner in the 21st century. If centered recreational facilities (21 U.S.C. 860). say, here is how much they cost, and here is we have the best system of health on the The Save Our Children Act, Mr. Speaker, their background, and, by the way, we’ll pay planet, if we have the best research on the 100 percent of the median price. Go to any- fills a gap in our Sentencing Guidelines by di- planet, if we provide the best care on the body you want to. Now, if you want to go to recting the U.S. Sentencing Commission to planet, as people get wealthier worldwide, a more expensive doctor, fine, you pay the enhance the sentences for the commission of additional costs. But it begins to dramati- they will come to America, either person- a drug offense in the presence of a minor. ally, or by electronic means, in order to have cally transfer knowledge and power and re- While the Sentencing Commission is given sponsibility. access to the finest health in the world. We will earn far more money out of provid- discretion to amend the Sentencing Guide- Dr. Tom Coburn, who serves as a Member lines, the Save Our Children Act sets a mini- of Congress for Oklahoma, came up to me at ing the best health capabilities on the planet our retreat in Williamsburg, and he said, I than we will earn out of the motion picture mum of two offense levels greater or 1 year think we ought to reapply free-markets prin- industry, jet airplanes or computers, and we whichever is greater for the first offense, and ciples to health care; and being a conserv- ought to see health as that opportunity—the 4 offense levels greater or 2 years for a sec- ative, I promptly said, yes, what do you opportunity to provide the best health for ond offense. mean? I know it’s right theoretically. I know our own citizens and to provide the highest- I urge all my colleagues to consider becom- Adam Smith is right theoretically, but what paying jobs on the planet in a growth indus- try of enormous potential if we maximize the ing a cosponsor of my legislation. does it mean in the middle of this 1943 tax f code, third-party payment, highly con- rate of change and innovation and bring to voluted, big structure, HMO, provider-spon- bear the best science we can as rapidly as we WEST LIBERTY CLASSICAL ACAD- sored network, hospital-based, doctor-based, can. And if we then educate our citizens into a EMY HONORED BY DEPARTMENT secondary professions—in this mess, this OF EDUCATION huge, complex ecosystem of health, what knowledge-based model of caring for them- does ‘‘free market’’ mean? selves, we will maximize their health and He said, I’ll tell you a true story. He said, minimize their costs, and we will do so in a HON. WILLIAM J. COYNE during the break, I had a couple who were way that I think will be profoundly different OF PENNSYLVANIA than the current debate between more bu- between jobs and they had lost their health IN THE HOUSE OF REPRESENTATIVES coverage, but they had savings. She needed reaucracy-less bureaucracy, more trial law- an operation. I gave her five surgeons and yers-fewer trial lawyers, and I think we need Wednesday, May 20, 1998 three hospitals to call. They negotiated. this much larger level dialogue in order to Mr. COYNE. Mr. Speaker, I rise to com- They got an $11,000 procedure for $5,000, but define where we want to go over the next 15 mend the students, faculty, and administration or 20 years. they paid in cash without paper work. of West Liberty Classical Academy, whose Now, that’s a fairly astonishing number. f My guess is all of you could find similar sto- outstanding performance was recently hon- ries or already know similar stories. From DRUG-FREE AMERICA TASK FORCE ored by the Department of Education and the my standpoint, what I want to do is say, so AWARENESS National Association of State Coordinators of how do we maximize the rate of change? Be- Compensatory Education. West Liberty is one cause what the human genome projects is of only 109 schools nationwide to be recog- telling you and what lasers are telling you HON. GEORGE R. NETHERCUTT, JR. nized by the Title I Recognition Program. The OF WASHINGTON and what all the other breakthroughs are Title I Recognition Program honors schools telling you is you’re going to see a rate of IN THE HOUSE OF REPRESENTATIVES that have set and reached high student change in health capabilities. And, again, I Wednesday, May 20, 1998 don’t want to talk about health care yet. achievement goals, fostered professional de- You’re going to see a rate of change in Mr. NETHERCUTT. Mr. Speaker, as a velopment, and built partnerships with parents health capabilities that is stunning. Member of the Drug-Free America Task and the community. May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E913 West Liberty Classical Academy is a mag- Congress and the Director of OMB and could For over a century the Firemen's Home has net middle school located on the South side of be included as part of other management re- offered housing for any paid or volunteer fire- Pittsburgh. Using a team approach, the staff ports required under law. fighter who has served at least one year on a plans interdisciplinary lessons like Classical In addition to overseeing and coordinating department, or who was injured while on duty. Studies, African-American history, and Con- agency activities, OMB would be responsible Since its inception, the New Jersey Firemen's temporary Crafts. They also created an 8th for developing common rules that cut across Home has housed approximately 1,775 men. period every Wednesday so that students program and agency lines by creating a re- Some have been guests others have been could participate in the band and orchestra en- lease form that allows grant information to be long-time residents. Today the home is oper- semble, or choose among a journalism pro- shared by programs. The Act sunsets in five ated by a twenty-three member board and the gram, the science club, the garden club, the years and the National Academy for Public staff is made up of one or two firefighters from hiking club, creative writing lessons, or the Administrators (NAPA) would submit an eval- each county in the State of New Jersey. drama club. The students also participate in uation of the Act's effectiveness just prior to its Mr. Speaker, throughout its long history, the School-to-Work activities in which they visit sunsetting. New Jersey Firemen's Home has provided a senior citizen centers, a neighborhood school The bill builds on past efforts to improve place to live for retired and injured firefighters for handicapped children, several area ele- program performance through the Government from across the state. I ask you, Mr. Speaker, mentary schools. Performance Results Act and to reduce fed- and my colleagues, to please join me in com- Parents are an integral part of the learning eral burdens through the Paperwork Reduction memorating the 100th anniversary of the New experience at West Liberty. A ``Computer Act and Unfunded Mandates Reform Act. It Jersey Firemen's Home. Night Live'' gives parents and students the op- has been endorsed by state and local organi- f portunity to learn to use computers. Parents zations such as the National Governors Asso- and children can also work on their math skills ciation, the National Conference of State Leg- CENTENNIAL ANNIVERSARY OF during ``Family Math Night.'' islators, the National Association of Counties, THE CITY OF PORT ARTHUR, Thanks to the effort of teachers, students, and the National League of Cities. Identical TEXAS administrator, and parents, West Liberty pro- legislation, sponsored by Senators GLENN and vides a quality learning experience while living THOMPSON, was recently reported out of the HON. NICK LAMPSON up to its school motto, ``Safe and Secure.'' I Senate Government Affairs Committee. OF TEXAS commend West Liberty Classical Academy This is a good government measure that will IN THE HOUSE OF REPRESENTATIVES and the Pittsburgh Public School System for make it easier to interact with our federal gov- Wednesday, May 20, 1998 their accomplishments. ernment, and result in cost savings for grant f applicants and federal agencies. Mr. LAMPSON. Mr. Speaker, I rise to recog- I want to thank the gentleman from Mary- nize the Centennial Anniversary of the City of THE FEDERAL FINANCIAL ASSIST- land, Mr. HOYER, and the other original co- Port Arthur, Texas and request that the follow- ANCE MANAGEMENT IMPROVE- sponsors for joining me in this bipartisan effort ing Proclamation be made a part of the CON- MENT ACT OF 1998 and I encourage my colleagues to support the GRESSIONAL RECORD. bill. PROCLAMATION HON. ROB PORTMAN f Whereas Arthur E. Stilwell of Rochester, OF OHIO New York founded the City of Port Arthur THE 100TH ANNIVERSARY OF THE IN THE HOUSE OF REPRESENTATIVES on the western shoreline of Lake Sabine in NEW JERSEY FIREMEN’S HOME, 1898, and Wednesday, May 20, 1998 BOONTON, MORRIS COUNTY, NEW Whereas the City of Port Arthur has grown Mr. PORTMAN. Mr. Speaker, I rise today to JERSEY and developed into a major center of petro- introduce The Federal Financial Assistance chemical manufacturing, shipping, and off- shore oil exploration, and Management Improvement Act of 1998, legis- HON. RODNEY P. FRELINGHUYSEN Whereas the City of Port Arthur has been lation to streamline and improve the federal OF NEW JERSEY home to such industrial giants of the 20th grant process. IN THE HOUSE OF REPRESENTATIVES Century such as Texaco, Inc., the Gulf Oil I'm sure all of us have heard from state and Company, Chevron Companies, Fina Oil and local governments or non-profit organizations Wednesday, May 20, 1998 Chemical Corporation, Clark Manufacturing in our districts who have grown frustrated with Mr. FRELINGHUYSEN. Mr. Speaker, I rise Corporation, Star Enterprise, Huntsman Cor- the federal grant application process. Most re- today to commemorate the New Jersey Fire- poration, Equistar Corporation, and cently, I have heard concerns express from Whereas the City of Port Arthur has served men's Home located in Boonton, New Jersey not only the industrial and consumer needs around the country about the implementation on the occasion of their 100th anniversary. of the United States and the world, it has of the Drug-Free Communities Act, legislation This anniversary marks the culmination of a also contributed significantly to the defense I sponsored that was enacted last year. Any- long, proud history of providing housing for re- of the nation in World Wars I and II and one who has attempted to apply for a federal tired, disabled and indigent firefighters of all other international conflicts by providing grant has grown frustrated by the miles of red ages in the State of New Jersey. men and women as well as ship construction, tape, regulations and duplicative procedures The firefighter's home was the vision of Bird merchant marine services, and a sea of pe- they encounter. Applying for the grant is just Spencer, President of the New Jersey Fire- troleum products necessary to win those wars, and the beginning of the problemÐthe administra- men's Association. A couple of years before Whereas the City of Port Arthur has been tive and reporting requirements attached to the turn of the century, at the nineteenth an- home to some of the most colorful people of certain grants often make potential recipients nual New Jersey State Firemen's Association the 20th Century including former Texas wonder whether to apply for funding in the first convention, President Bird Spencer addressed Governor Allan Shivers, Oscar award winner place. the need of suitable housing for the state's Leach Rhodes, former President of the Amer- The legislation we have introduced address- firemen. He promised that he would make an ican Medical Association Daniel ‘‘Stormy’’ es these concerns. It requires relevant Federal effort to obtain legislation for the purchase and Johnson, NFL Coach Jimmy Johnson, rock agencies, with oversight from OMB, to develop building of such a place. icon Janis Joplin, abstract expressionist plans within 18 months that do the following: Early records indicate that on April 2, 1898 Robert Rauschenberg, motion picture actress from Hollywood’s Golden Era Evelyn Keyes, streamline application, administrative, and re- the New Jersey Firemen's Home was incor- Congressional Medal of Honor recipient porting requirements; develop a uniform appli- porated by the New Jersey Senate and Gen- Lucian Adams, Texas businessman and Pres- cation (or set of applications) for related pro- eral Assembly and on June 27, 1898 the Fire- idential appointee Mach Hannah, rhythm grams; develop and expand the use of elec- men's Home was purchased. and blues great Ivory Joe Hunter, and hun- tronic applications and reporting via the Inter- On June 23, 1900, President Bird Spencer's dreds more who have contributed not only to net; demonstrate interagency coordination in promise was realized as the doors of the New life in this community, but persons whose simplifying requirements for cross-cutting pro- Jersey Firemen's Home were officially opened contributions are recognized not only to life grams; and set annual goals to further the pur- during a dedication ceremony attended by in this community, but persons whose con- tributions are recognized throughout Texas, poses of the Act. Governor Voorhees. In September 22, 1900, the nation and around the world. Agencies would consult with outside parties the first two New Jersey firemen from Now therefore be it resolved that the City in the development of the plans. Plans and fol- Paterson, New Jersey entered the home as of Port Arthur, a progressive community low-up annual reports would be submitted to the first residents. proud of its multi-cultural heritage of 60,000 E914 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 citizens, is hereby recognized on the occasion United States Navy, we activated National and Human Services, we have come a long of its 100th anniversary. Marrow Donor Program. And on my birthday, way these past 11 years, but there is still a f December 16, 1987, an airplane took off from ways to go. With the number of bone marrow a snowy airfield in Milwaukee to deliver the transplants using unrelated donors still in- NATIONAL BONE MARROW REG- first bone marrow to a dying child from North creasing dramatically from year to year, it is ISTRY REAUTHORIZATION ACT Carolina. obvious that we must continue to grow the OF 1998 Today, Mr. Speaker, I proudly report to you size of the registry to save lives and give the that we proved those skeptics wrong. We now largest number of children and adults the best HON. C.W. BILL YOUNG have a national registry of 3,134,601 people possible opportunity to find a matched donor. OF FLORIDA willing to donate their bone marrow to save a While the likelihood of a patient identifying a IN THE HOUSE OF REPRESENTATIVES life. In addition, our national registry is linked fully matched unrelated donor has increased Wednesday, May 20, 1998 with 14 other similar registries around the dramatically from 30 percent in 1989, to nearly world to allow us to ship bone marrow across Mr. YOUNG. of Florida. Mr. Speaker, I sub- 80 percent today, our continued commitment the oceans to save lives. can help bring that figure closer and closer to mit for the RECORD, this statement which There are so many heroes that have made should have followed my remarks in the 100 percent. this program such a success that my time Much of the federal support we provide House yesterday during Consideration of H.R. today does not allow me to name them all. 2202, to Reauthorize the National Bone Mar- each year is for donor recruitment and edu- There are my colleagues in the House and cation activities. With this federal support, we row Donor Registry. Mr. Speaker, I rise in sup- Senate who were willing to take a chance and are maintaining the registry's remarkable rate port of this measure and thank the Chairman support this program when the so-called ex- of growth. Last year the donor rolls increased of the Commerce Committee, Mr. BLILEY, and perts said it couldn't be done. A number of our 17 percent by a total of more than 450,000. the Health Subcommittee Chairman, Mr. BILI- colleagues have been personally touched by Still, despite all of our good work, we have RAKIS, for their efforts to help bring this legisla- the success of this program when they were a ways to go to ensure that all ethnic groups tion reauthorizing the lifesaving work of the called to donate bone marrow or when one or have the best possible chance of finding a National Marrow Donor Program to the floor family members received the tragic news that matched donor. The federal resources we for consideration. they would die without a bone marrow trans- began earmarking for minority recruitment be- H.R. 2202 will guide the National Marrow plantation. Donor Program into the next century by reau- There are many other heroes, some such ginning in 1991 have made a tremendous dif- thorizing the program's core function of main- as Admiral Bud Zumwalt. It was Admiral ference in the rate at which we have been taining a bone marrow donor registry, Zumwalt that I bumped into in the early able to increase minority participation in the strengthening efforts to increase minority re- months of 1987 when he was working the program. In fact, the number of minority do- cruitment, and improving patient and donor halls of Congress searching for the same thing nors in the national registry have increased by advocacy. as I was, a home for this national registry. To- 140 percent in the past four years, a rate far Mr. Speaker, with 218 cosponsors this bill gether we joined as a team with Dr. Bob greater than the growth of the overall registry. enjoys the broad bipartisan support of our col- Graves, a cattle rancher from Colorado, Dr. As a result, there has been a corresponding leagues, as well as the support of the National John Hansen, a rising young physician and re- 140 percent increase in the number of minority Marrow Donor Program, the American Red searcher from Seattle, and Captain Bob patients receiving life-saving transplants over Cross, the American Association of Blood Hartzman, a Navy doctor from Bethesda. To- the past four years. More minority patients re- Banks, the National Heart Lung and Blood In- gether we found a willing partner in the United ceived transplants last year then in the pro- stitute, and the Department of Health and States Navy whose Surgeon General said he gram's first seven years combined. Human Services. would give us a federal home for this great Mr. Speaker, as I have said time and time The National Bone Marrow Donor Registry national program. again, the key to the success of the National is an outstanding program that was created by Then Mr. Speaker, there are the countless Marrow Donor Program is peopleÐpeople the Congress to give hope to families where heroes around our nation who are the volun- who are willing to save a life by donating a none would have otherwise existed. Since its teers willing to be a part of the national reg- small amount of their bone marrow. Unfortu- establishment a little more than 10 years ago, istry and the patients who have undergone nately, people alone have not made this pro- this program has given life to thousands of bone marrow transplants and have helped us gram the success that it is today. Without the people here and around the world. learn and improve the process with each and federal support Congress has provided the It was on April 2, 1987 that I first testified every procedure. There are the families who National Marrow Donor Program over the past before the House Commerce Committee on have given us the support and the energy to 11 years, we would still have a fragmented this issue. That was very early in my search push ahead. And there are those who have network of donor centers each sponsoring for a home for a national bone marrow reg- sponsored the thousands upon thousands of bake sales and other fund raising drives to istry. In fact, that was very early in my edu- recruiting drives all around our nation to help pay for the testing of donors. Without federal cation on the many issues that surrounded us build such a large and diverse registry. support, it would be virtually impossible to bone marrow transplantation. What I knew at The result of our work is a program that maintain, let alone continue to increase the the time, though, was that without a national saves lives every day by matching patients donor rolls of the national registry. With an at- registry, men, women, and children with leuke- and donors. Few federal programs have been trition rate of just 5 percent, the national pro- mia and other fatal blood disorders would con- as successful in such a short period of time gram will have to recruit more than 150,000 tinue to die because there was no way to find and it is the involvement of the federal govern- donors per year just to maintain the current unrelated marrow donors for them. ment that has been the key to this success. size of the national registry. What I remember from that hearing 11 Prior to our establishment of a national reg- Suffering the greatest from any reduction in years ago was that there was nowhere within istry, there was only a piecemeal network of our federal support for this program, would be the Department of Health and Human Serv- independent local registries of all sizes, with the minority groups that we are working so ices to call home for a national registry. In very little intercommunication. With the support hard to recruit and continue to be underrep- fact, the Director of the National Institutes of of Congress, we activated a national registry resented in the national registry. Health testified after me that day saying there in September 1987 that now links together Our efforts here and now must build on our was no way that a national registry of unre- more than 98 donor centers, through which success, taking what we have learned since lated volunteer donors would ever succeed. donors are recruited and entered into the reg- the program's establishment and applying this He told the Committee we would never find istry, and 112 transplant centers, which work to improve our future. Likewise, we must rec- more than 50,000 people willing to take the with the patients to complete the transplants. ognize that we have learned of ways in which simple blood test required to enter such a reg- From a small, fragmented system of individual the program could do a better job. This is the istry. donor centers was born a true national and goal of H.R. 2202. Mr. Speaker, while I already felt personally international treasure that is the National Mar- The program's success is grounded in the challenged to do something about creating a row Donor Program and links the United more than 3 million donors who have volun- national registry, those remarks that day gave States with eight foreign donor centers, 23 for- teered to donate their bone marrow, in the co- me the final incentive I needed to do all within eign transplant centers, and 14 national reg- ordinated system of donor, transplant and re- my power to make this program a success. istries in foreign nations. cruiting centers that has grown around the A little over six months after that hearing, With the support of Congress, the United registry, and in the increased awareness of with a small appropriation I requested for the States Navy, and the Department of Health bone marrow transplantation. My legislation May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E915 will continue this by supporting further recruit- most precious gift of all, here and abroad, the as well as the additional contribution to our ment, coordination and educational activities. living gift of life. Gross National Product, would largely offset However, if there is one thing we can agree f the increase in benefit payments. For dec- on above all else, it is the fact that without ades, our senior citizens worked and dutifully continuing to increase the numbers of minority THE SENIOR CITIZENS’ FREEDOM paid their Social Security taxes, it is only fair donors on the Registry, patients of these TO WORK BILL that they fully receive their Social Security groups will continue to face a greater difficulty benefits when they are at the retirement age. in finding a matched unrelated donor. For this HON. SAM JOHNSON H.R.— reason, H.R. 2202 places a special emphasis OF TEXAS Be it enacted by the Senate and House of Rep- on the need to increase potential donors of ra- IN THE HOUSE OF REPRESENTATIVES resentatives of the United States of America in cial and ethnic minority heritage and makes Wednesday, May 20, 1998 Congress assembled, this the priority of the program's recruitment SECTION 1. SHORT TITLE. efforts. Mr. SAM JOHNSON of Texas. Mr. Speaker, This Act may be cited as the ‘‘Senior Citi- We have also learned a lot about the needs I rise today to introduce legislation that will zens’ Freedom to Work Act of 1998’’. of patients and their families as they face the eliminate the so-called ``Social Security Earn- SEC. 2. ELIMINATION OF EARNINGS TEST FOR IN- challenge of finding an unrelated donor match ings Test.'' Under current law, our senior citi- DIVIDUALS WHO HAVE ATTAINED for their loved one. H.R. 2202 formally estab- zens aged 65±69 can earn only $14,500 be- RETIREMENT AGE. fore they lose $1 in Social Security benefits for Section 203 of the Social Security Act (42 lishes an Office of Patient Advocacy and Case U.S.C. 403) is amended— Management within the program to provide in- each additional $3 of earnings. This test is un- (1) in subsection (c)(1), by striking ‘‘the age dividualized services for patients requesting fair, discriminatory, and adversely affects our of seventy’’ and inserting ‘‘retirement age assistance. The office will provide information country's economy. The Social Security Earn- (as defined in section 216(l))’’; and coordinate all aspects of the search and ings Test must be eliminated. (2) in paragraphs (1)(A) and (2) of sub- transplantation process to ensure the needs of The Social Security Earnings Test is unfair section (d), by striking ‘‘the age of seventy’’ the patient are being met. While much of this and inappropriate because it imposes a form each place it appears and inserting ‘‘retire- of a ``means'' test for a retirement benefit. As ment age (as defined in section 216(l))’’; work is already being done by an office within (3) in subsection (f)(1)(B), by striking ‘‘was the program, H.R. 2202 builds on these efforts we all know, Social Security benefits have age seventy or over’’ and inserting ‘‘was at by codifying the office and granting it addi- been earned by a lifetime of contributions to or above retirement age (as defined in sec- tional authority recommended by the Senate in the program. American workers have been led tion 216(l))’’; legislation approved by that body in 1996. to regard Social Security as a government-run (4) in subsection (f)(3)— My wife Beverly and I have met with and savings plan. Indeed, their acceptance of the (A) by striking ‘‘331⁄3 percent’’ and all that befriended hundreds of donors, patients, and 12.4 percent Social Security payroll tax has follows through ‘‘any other individual,’’ and been predicated on the belief that they will get inserting ‘‘50 percent of such individual’s their families from all over our nation. To each earnings for such year in excess of the prod- of these patients, I promise that I will continue their money back at retirement age. Thus, uct of the exempt amount as determined to do all that I can to ensure that they have most Americans do not accept the rationale under paragraph (8),’’; and the best possible chance to find a donor. Un- that the return of their money should be de- (B) by striking ‘‘age 70’’ and inserting ‘‘re- fortunately, some of these families never creased just because they continue to work. tirement age (as defined in section 216(l))’’; found a donor before it was too late. Many Additionally, the Social Security Earnings (5) in subsection (h)(1)(A), by striking ‘‘age others, however, found their miracle match Test discriminates against senior citizens who 70’’ each place it appears and inserting ‘‘re- must work in order to supplement their bene- tirement age (as defined in section 216(l))’’; and they are alive and doing well today be- and cause of the living medical miracle that is this fits. Currently, income from investments does (6) in subsection (j)— national registry. not affect the amount of Social Security bene- (A) in the heading, by striking ‘‘Age Sev- There is nothing I have done in public serv- fits that a senior citizen receives. It simply enty’’ and inserting ‘‘Retirement Age’’; and ice that I am more proud of than establishing does not make any sense to treat less favor- (B) by striking ‘‘seventy years of age’’ and the National Marrow Donor Program. Every ably income from work than income from in- inserting ‘‘having attained retirement age member of Congress should share that pride vestments. Clearly, the Social Security Earn- (as defined in section 216(l))’’. as they are a part of a great federal program ings Test is inequitable to our nation's senior SEC. 3. CONFORMING AMENDMENTS ELIMINAT- ING THE SPECIAL EXEMPT AMOUNT that works. The measure of this program's citizens who are in the greatest need of addi- FOR INDIVIDUALS WHO HAVE AT- value is the lives it saves throughout our na- tional income. TAINED RETIREMENT AGE. tion and throughout our world. As we continue The Social Security Earnings Test also neg- (a) UNIFORM EXEMPT AMOUNT.—Section to increase the number of life-saving trans- atively affects work incentives. The disincen- 203(f)(8)(A) of the Social Security Act (42 plants that take place each year, we know that tive effect is magnified when viewed on an U.S.C. 403(f)(8)(A)) is amended by striking our work is not yet finished and that there are after-tax basis. Senior citizens who work lose ‘‘the new exempt amounts (separately stated for individuals described in subparagraph (D) more lives to save. In making tough budgetary a large percentage of their Social Security and for other individuals) which are to be ap- decisions, Congress must measure the value benefits due to the Social Security Earnings plicable’’ and inserting ‘‘a new exempt of each and every program to the American Test, but they must also continue to pay So- amount which shall be applicable’’. taxpayer. With that as our test, their can be no cial Security taxes, and probably federal and (b) CONFORMING AMENDMENTS.—Section disputing the success of the National Marrow state income taxes as well. The Social Secu- 203(f)(8)(B) of the Social Security Act (42 Donor Program because there is no higher pri- rity Earnings Test forces senior citizens to U.S.C. 403(f)(8)(B)) is amended— ority then giving someone back their life. avoid work, to seek lower paying or part-time (1) in the matter preceding clause (i), by striking ‘‘Except’’ and all that follows Mr. Speaker, I appreciate the Congress' work or to seek payment ``under the table.'' through ‘‘whichever’’ and inserting ‘‘The ex- strong support for this program and for my In addition to being complicated and difficult empt amount which is applicable for each legislation that will enable us to continue on for the individual senior citizen to understand, month of a particular taxable year shall be with our life-saving work for the next five the Social Security Earnings Test is complex whichever’’; years. That commitment to this program is evi- and costly for the Government to administer. (2) in clauses (i) and (ii), by striking ‘‘cor- dent from the special joint House-Senate hear- For example, the test is responsible for more responding’’ each place it appears; and ing recently held and by the willingness to than one-half of retirement and survivor pro- (3) in the last sentence, by striking ‘‘an ex- empt amount’’ and inserting ‘‘the exempt work together, House and Senate, to expedite gram overpayments. Elimination of the Earn- amount’’. the passage and enactment of H.R. 2202. On ings Test would help minimize administration (c) REPEAL OF BASIS FOR COMPUTATION OF behalf of all those donors and patients still expenses, and recipients would be less con- SPECIAL EXEMPT AMOUNT.—Section awaiting their opportunity to unite in the most fused and less tempted to cheat on reporting 203(f)(8)(D) of the Social Security Act (42 special of ways, I say thank you to all my col- their earnings. U.S.C. (f)(8)(D)) is repealed. leagues. And on behalf of those families who Finally, repealing the Social Security Earn- SEC. 4. ADDITIONAL CONFORMING AMEND- will experience the second chance to enjoy ings Test would greatly aid our country's econ- MENTS. their life with a child, with a husband or wife, omy. Our senior citizens would be likely to (a) ELIMINATION OF REDUNDANT REF- ERENCES TO RETIREMENT AGE.—Section 203 of or with a brother or sister, I say thank you for work more and the American economy would the Social Security Act (42 U.S.C. 403) is being one of the countless heroes throughout benefit from their experience and skills. The amended— the short history of this program. Together, combined increase in the amounts that they (1) in subsection (c), in the last sentence, day after day, we will continue to give the would pay in Social Security and other taxes, by striking ‘‘nor shall any deduction’’ and E916 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 all that follows and inserting ‘‘nor shall any Avenue School was named a Blue Ribbon For these reasons, I opposed the amend- deduction be made under this subsection School which means that it placed in the top ment. from any widow’s or widower’s insurance 200 schools in the Untied States in quality of f benefit if the widow, surviving divorced wife, education. widower, or surviving divorced husband in- Once a prominent iron mining community, NORMAN THOMAS ELEMENTARY volved became entitled to such benefit prior SCHOOL to attaining age 60.’’; and Mine Hill has kept its small town American (2) in subsection (f)(1), by striking clause identity. The 75th anniversary of Mine Hill's in- (D) and inserting the following: ‘‘(D) for corporation is a great achievement. It is a time HON. CIRO D. RODRIGUEZ which such individual is entitled to widow’s for celebration and reflection for the residents. OF TEXAS or widower’s insurance benefits if such indi- Mr. Speaker, my fellow colleagues, please IN THE HOUSE OF REPRESENTATIVES vidual became so entitled prior to attaining join me in congratulating the Township of Mine age 60,’’. Hill Township on this important milestone. Wednesday, May 20, 1998 (b) CONFORMING AMENDMENT TO PROVISIONS f FOR DETERMINING AMOUNT OF INCREASE ON Mr. RODRIGUEZ. Mr. Speaker, I rise today ACCOUNT OF DELAYED RETIREMENT.—Section IN OPPOSITION TO RIGGS to celebrate the generous efforts of 560 Nor- 202(w)(2)(B)(ii) of the Social Security Act (42 AMENDMENT TO H.R. 6 man Thomas Elementary School students and U.S.C. 402(w)(2)(B)(ii)) is amended— staff in Freer, Texas, to collect thousands of (1) by striking ‘‘either’’; and cans and boxes of food for the Freer Food (2) by striking ‘‘or suffered deductions HON. VINCE SNOWBARGER Bank. The school's venture helped stock the under section 203(b) or 203(c) in amounts OF KANSAS pantries of 70 neighbors in desperate need of equal to the amount of such benefit’’. IN THE HOUSE OF REPRESENTATIVES food. (c) PROVISIONS RELATING TO EARNINGS Wednesday, May 20, 1998 TAKEN INTO ACCOUNT IN DETERMINING SUB- This good deed is especially remarkable be- STANTIAL GAINFUL ACTIVITY OF BLIND INDI- Mr. SNOWBARGER. Mr. Chairman, I rise to cause about two-thirds of the Norman Thomas VIDUALS.—The second sentence of section explain my opposition to the Riggs Amend- Elementary School students qualify for free or 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is ment to H.R. 6, the Higher Education Amend- reduced school lunches. Despite the personal amended by striking ‘‘if section 102 of the ments of 1998. challenges many of these students face they Senior Citizens’ Right to Work Act of 1996 The principal purpose of our important civil saw a need to help those less fortunate than had not been enacted’’ and inserting the fol- rights reforms, now more than thirty years old, themselves and learned a very valuable les- lowing: ‘‘if the amendments to section 203 made by section 102 of the Senior Citizens’ was to help eradicate systematic and struc- son while volunteering in their community. Right to Work Act of 1996 and by the Senior tural racism. Our hope was to keep the gov- For their efforts the school was recognized Citizens’ Freedom to Work Act of 1998 had ernment and its agents from treating people with a community award by the USA Weekend not been enacted’’. differently because of their race or ethnicity. magazine sponsored by Make a Difference SEC. 5. EFFECTIVE DATE. As Martin Luther King, Jr. said the law cannot Day. The students and staff at Norman Thom- The amendments and repeals made by this make us love one another. We can, however, as Elementary School have made a difference Act shall apply with respect to taxable years work together to ensure that, at the very least, which will help feed people in their community. ending after December 31, 1997. our government sees its citizens as individ- Volunteering in one's community sets a high f uals. Each one is unique and worthy of re- standard for better living. And such a young spect. group of individuals accomplishing community THE 75TH ANNIVERSARY OF THE Affirmative action, which originally meant goals means Freer, Texas, will look forward to TOWNSHIP OF MINE HILL, MOR- ensuring that all should have the opportunity a fruitful future. RIS COUNTY, NEW JERSEY to compete on their merits, has now become f a persistent challenge to these principles of HON. RODNEY P. FRELINGHUYSEN fairness. If our government, through quotas ‘‘MY VOICE IN OUR DEMOCRACY’’ OF NEW JERSEY and set-asides, continues to treat Americans IN THE HOUSE OF REPRESENTATIVES differently because of their race or ethnicity, it HON. NEIL ABERCROMBIE Wednesday, May 20, 1998 becomes even harder to eliminate racism OF HAWAII wherever it festers. IN THE HOUSE OF REPRESENTATIVES Mr. FRELINGHUYSEN Mr. Speaker, I rise The amendment to the Higher Education today to congratulate the people of the Town- Act Reauthorization offered by Representative Wednesday, May 20, 1998 ship of Mine Hill, New Jersey as they com- FRANK RIGGS was mostly consistent with these Mr. ABERCROMBIE. Mr. Speaker, I rise to memorate the 75th anniversary of the incorpo- principles of fairness and equal opportunity for commend Zachary Hicks, a student at Hawaii ration of their community. all. Representative RIGGS' amendment would Baptist Academy in Honolulu, who recently In the early years, Mine Hill centered around have prohibited preferential admissions treat- won the 1998 Voice of Democracy broadcast a diverse history of rich iron ore veins and ac- ment based in whole or in part on the race, scriptwriting contest for Hawaii. tive mining operations. The Delaware Indians, sex, color, ethnicity, or national origin of appli- Each year, the Veterans of Foreign Wars known as the Lenni Lenape were aware of the cants by institutions of higher education. A and its Ladies Auxiliary sponsor the Voice of iron outcroppings and named the area special exemption was included in the amend- Democracy contest to recognize writing and Succasunny meaning ``black stone''. The set- ment to exempt preferential treatment on the oratorical skills of students. Zachary Hicks re- tlers realized the potential and developed the basis of affiliation with an Indian tribe by any lated the democracy demonstrations of ``black stone'' into a profitable commodity. tribally controlled college. Tianamen Square in the People's Republic of Some of the mines date back to the Revolu- I opposed the amendment because I was China to the freedoms to enjoy and the need tionary War when iron ore was provided to concerned that Haskell Indian Nations Univer- to exercise freedom of speech. nearby forges. sity, which is located in my district, would be I would like to share the script with the Because the iron ore was one of the finest adversely affected by the amendment. Haskell House and America, Mr. Speaker, which I am quality and in such great abundance, mining, Indian Nations University is the only federally submitting. I am certain Leon and Brenda not farming became the primary industry in the owned and operated four-year institution for Hicks, Zac's parents, as well as his teachers area. This led to the development of the Vil- Native Americans in the country. Because the and fellow students at Hawaii Baptist Acad- lage of Mine Hill. Mine Hill is also known for University is controlled by the Bureau of Indian emy, have great pride in Zac and his accom- the Dickerson Mine, named after Governor Affairs and not by a tribe, I felt that it would plishment. Mahlon Dickerson, a resident of Mine Hill and not qualify for the exemption included in the ‘‘MY VOICE IN OUR DEMOCRACY’’ Governor of New Jersey from 1815 to 1817. Riggs amendment. The Dickerson Mine was the first and oldest Additionally, I opposed this amendment be- (By Zachary Hicks) iron mine in the state. cause I believe that we must seek to end poli- Not long ago, a number of young men and The Township of Mine Hill is a small com- cies that discriminate. This cannot be done in women broke out in protest of a government they did not believe in. With fear over- munity of approximately 2.95 square miles, lo- a piecemeal fashion. We must reach out to all powered by conviction, these students stared cated in central Morris County. In 1993, this groups to ensure that all Americans have communism in the face and said, ‘‘We will no quiet community was recognized by the Fed- equal access to opportunities. Quotas and set- longer be shut up, pushed down, and un- eral government as having one of the best el- asides undermine our effort to secure this for heard.’’ That night in Tianamen Square, the ementary schools in the country. The Canfield everyone. cries for a democracy rang out loud and May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E917 clear, yet they soon would be replaced by dif- troducing legislation to prevent further growth State and the Secretary of the Treasury to ferent cries. With hearts of fire, the students of the international crime, Nigerian Advance jointly report on actions taken by the Nigerian would not back down to words of warning. Fee Fraud. Government in apprehending the perpetrators The air of freedom was faintly tangible but soon dissipated as the piercing crack of gun- Every day, thousands of Americans fall sub- of 4-1-9 scams, efforts taken by the United fire drove fear back into the hearts of the ject to get rich quick schemes. Unfortunately, States to inform American about such young people. Shot down . . . beaten . . . im- Nigerian Advance Fee Fraud is a whole new schemes, and other such actions which are or prisoned . . . in one way or another they era of scamming money out of innocent peo- should be undertaken to end of these were all silenced. And the freedom, once so ple. Known internationally as ``4-1-9'' fraud schemes, including the imposition of sanctions close, was now ripped from their hands. after the section in the Nigerian Penal Code on the Nigerian Government. This tragedy can conjure up a lot of emo- which addresses fraud schemes, these scams f tions. For me, all I can do is feel grateful. Surely I have taken for granted the freedom have reached epidemic proportions. As a personal target of such scams, I am in- 50TH ANNIVERSARY OF THE of a democracy. I have the privilege to stand WORLD HEALTH ORGANIZATION up and not be pushed down. I don’t have to troducing the Nigerian Advance Fee Fraud look over my shoulder in fear every time I Prevention Act of 1998 to bring this swindle speak up about the government. I have a and its perpetrators into the forefront of the HON. SAM GEJDENSON voice. But what is so beautiful about Ameri- American public, and focus the Government OF CONNECTICUT ca’s democracy is that this voice is just as on implementing a national and international IN THE HOUSE OF REPRESENTATIVES important, just as valid as the next man’s. strategy to combat these shams. Though led by presidents, governors, sen- Wednesday, May 20, 1998 ators, and representatives, I have just as This form of bilk is widespread, targeting much power to speak out as they do. My over 60 countries worldwide. The perpetrators Mr. GEJDENSON. Mr. Speaker, this year voice matters. of these hoax's don't discriminate when marks the Fiftieth Anniversary of the World Our forefathers designed the United States choosing their targets, everyone from small to Health Organization. I want to congratulate Constitution to keep the government from large corporations, religious organizations, and them, and everyone else who has joined in ever becoming so powerful, so tyrannical, individuals are all fair game to these criminals. the fight against infectious disease around the that I no longer have the freedom to speak I myself have been targeted four times by world. I also congratulate Dr. Gro Harlem my mind. At the same time, the constitution Brundtland, the recently-elected Director-Gen- keeps me in line and helps remind me of these flimflams in just over 7 months. what is important to our democracy, so that The perpetrators of this swindle will send eral of the World Health Organization, who I fight for ideas that are true, right, and letters to unknowing victims, mostly senior citi- has announced her commitment to improving noble. zens, claiming that the Nigerian Government the lives and health of children around the Personally, I’ve only recently begun to see overpaid the Nigerian National Petroleum Cor- world. how powerful my voice is, even though it is poration on a contract. Instead of giving the In the last five decades, human longevity just one. A project was assigned in my politi- money back to the government, the scammer worldwide has increased by more than 40% cal science class in which I needed to inter- and the average life expectancy at birth rose view various state representative and sen- indicates they need a foreign bank account to ators. I was surprised at how easy it was to deposit $50 million, of which 30% would re- from 46 years in the early 1950s to almost 65 schedule an appointment with an elected of- main in the victims' bank account for them to years by 1996. These great strides forward in ficial. When I was sitting in the office of my keep. health would not have been possible without representative, my eyes were opened to the So, what is the actual scam? The scam the efforts of WHO and their many local and power of my own voice. I used to believe that does not actually require the transmission of a international partners in the private, public and my voice meant nothing because I wasn’t old bank account number (although many victims non-profit sectors. enough to vote. But what is amazing to me obligingly provide it). The victim supplies a let- In 1967, WHO started an ambitious effort to now is that I’m able to walk straight into eliminate smallpox worldwide. At the time, no our state’s capital building, climb a few terhead, which is used to forge letters of rec- stairs, enter right into an office of a senator ommendation to the American Embassy for one believed that a disease which afflicted up or representative, and explain to them ex- travel visas and it is also used to persuade to 15 million people annually could be eradi- actly what I believe and why I believe it. Not other prospective victims. cated in just thirteen yearsÐbut that's exactly only that, our government allows what I say They way they get money from the victims what happened. According to WHO, if small- to be taken into consideration. I can per- is much craftier. Victims are pressured into pox had not been eliminated in 1980, the past suade others to take up my passion, believe sending money for unforeseen taxes, fees to twenty years would have witnessed some 350 what I believe, and push for a change. the Nigerian Government, and attorney fees. million new victimsÐroughly the combined Though funded in basic principles, democ- These fees can reach hundreds of thousands population of the USA and MexicoÐand an racy is not set in stone. If I don’t agree with something. I have the ability to work to of dollars. The perpetrators of these scams estimated 40 million deathsÐa figure equal to change it. America, the world’s largest de- often allege that the victim must travel to Nige- the entire population of Spain or South Africa. mocracy, will take time to listen to what I ria in order to complete the transaction. If the Today, close to 90% of children in the world have to say. victim is unable to travel to Nigeria, they pro- are being reached by immunization servicesÐ Because my voice in our democracy mat- ceed to demand more money from them for a dramatic increase from the 5% vaccinated ters so much, I hold a tremendous respect for power of attorney fees and other associated only twenty-five years ago. Two million deaths the United States of America. I see the value taxes. Often when a victim does travel to Ni- from measles alone are prevented worldwide in a peaceful transition of leadership. I see every year by current immunization efforts. the value of a ‘‘majority rules’’ policy. I see geria, the scammer explains to them that there the value of my voice. Therefore, I will not is no need for a visa. In fact, a visa is required WHO, its Member States and international sit back when I have such freedom in my by the Nigerian Government. The perpetrators partners are conducting extensive immuniza- grasp. I will use my voice to make our de- then bribe airport officials to bypass immigra- tion, treatment and prevention campaigns to mocracy a better place to be. In the words of tion, and use this illegal entry as leverage to end polio, malaria, tuberculosis, cholera, Edward Everett Hale, ‘‘I am only one, but coerce the traveler into releasing more money. dracunculiasis, Chagas disease, and HIV/ still I am one . . I cannot do everything, but Violence and threats of physical harm may AIDS around the globe. I can do something. . . and what I can do, I also occur. To date, 15 foreign businessmen Unfortunately, this story is not entirely filled should do . . . and, with the help of God, I with happy tidings. Today, malnutrition is impli- will do.’’ and two United States citizens have been murdered in Nigeria in connection with a ``4-1- cated in the deaths of seven million of the f 9'' scam. Perpetrators of these scams are twelve million children who die of preventable INTRODUCTION OF THE ‘‘NIGERIAN rarely prosecuted or jailed by the Nigerian causes each year. Many households around ADVANCE FEE FRAUD PREVEN- government, which is also suspected of play- the world still lack access to safe drinking TION ACT OF 1998’’ ing a role in these schemes. water and often use the same water supply for Money garnered from these schemes is cooking and sanitation. Deaths from easily HON. EDWARD J. MARKEY used to fund other illegal activities, including preventable, waterborne illnesses and the drug trafficking or violent crimes. This is a more elusive but equally deadly diseases like OF MASSACHUSETTS growing concern to the international commu- Ebola make the battle against infectious dis- IN THE HOUSE OF REPRESENTATIVES nity, and among the thousands of Americans ease a war with many fronts. Wednesday, May 20, 1998 who fall victim to these scams. To further complicate the picture, non- Mr. MARKEY. Mr. Speaker, today, I am join- The Nigerian Advance Fee Fraud Preven- communicable diseases like cancer and heart ing with a bipartisan group of colleagues in in- tion Act of 1998 will direct the Secretary of diseaseÐthe leading causes of death in the E918 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 United States and EuropeÐare making in- TRIBUTE TO ‘‘BUCK’’ LONG As you can imagine, Buck Long has re- roads into Africa, Asia and South America. ceived numerous awards over the years but WHO projects that deaths related to tobacco HON. SONNY CALLAHAN three in particular stand out. Not long ago, the use over the next 30 years will rise from 4 mil- OF ALABAMA Alabama Broadcasting Association named lion to 10 million by the year 2030, with 70 IN THE HOUSE OF REPRESENTATIVES Buck Alabama Broadcaster of the Year. In ad- percent of these deaths occurring in develop- Wednesday, May 20, 1998 dition, he has also been named a Paul Harris ing countries. Fellow from the Mobile Rotary Club and an Mr. CALLAHAN. Mr. Speaker, on June 1, Honorary Fellow to the University of Mobile. The unfettered globalization of the tobacco 1998, D.H. ``Buck'' Long will retire from his marketÐwhich is dominated by U.S. compa- Buck resides in Mobile with his wife, the long-time service as President and General former Sara Kerr. Their daughter, Karen St. niesÐwill cause untold devastation on the Manager of WKRG-TV, Inc., the CBS affiliate health of every citizen on the planet over the Clair, also lives in Mobile with her husband in my hometown of Mobile, Alabama. Jeffrey Miles St. Clair, and their children, Sara, next few decades. We cannot stand idly by For over 30 years, Buck has been an inno- Katherine and Andrew. when we have the tools to stop such prac- vator in the broadcasting industry, always Mr. Speaker, Buck Long is a good friend but tices. keeping his station on the cutting edge of more than that, he is a good citizen. His lead- technology. Furthermore, he has set an exam- I am proud to be an original co-sponsor of ership in our community and at WKRG serves ple for his peers and employees alike by giv- the Bipartisan NO Tobacco for Children Act of as an inspiration to young and old alike, and ing much back to his community. Quite frank- 1998 which will establish an international it is indeed a pleasure for me, as his con- ``code of conduct'' for U.S. tobacco companies ly, Buck's service to the Mobile area has been gressman, to enter this recognition in the CON- selling their products abroad. If tobacco com- unrivaled in many ways. Buck Long was born on April 9, 1929 in GRESSIONAL RECORD, so that on behalf of his panies cannot market in a particular way to viewing audience and my constituents, a prop- American children, they should also be prohib- Spartanburg, S.C., where he attended Spartanburg High School. Soon after gradua- er ``thank you'' for his many efforts to make ited from using those methods on children in Mobile and South Alabama a better place can other parts of the world. tion, he moved to Mobile to attend Springhill College in 1947. As a student at Springhill, be duly noted. And to Buck and Sara, here's for many more years of success, good health f Buck worked part-time as a record librarian, station-break announcer and disc-jockey at and happiness in all your future endeavors. HONORING THE GRACE BAPTIST WMOB Radio, which marked his first job in f CHURCH OF NANUET the broadcasting field to which his father had SANDIA NATIONAL LABORATORIES introduced him years before as a young child. FIRST FEMALE ENGINEER RE- In 1950, Buck became the nighttime an- TIRES HON. BENJAMIN A. GILMAN nouncer and disc-jockey at WABB Radio where he became known as the host of ``Buck OF NEW YORK Back Room.'' With his ingenious business HON. ELLEN O. TAUSCHER IN THE HOUSE OF REPRESENTATIVES style and optimistic attitude, Buck sold his OF CALIFORNIA show to the listeners of Mobile who grew to IN THE HOUSE OF REPRESENTATIVES Wednesday, May 20, 1998 appreciate and admire not only the show but Wednesday, May 20, 1998 Mr. GILMAN. Mr. Speaker, a great Baptist also the announcer. In return for his hard work Mrs. TAUSCHER. Mr. Speaker, I rise today Church located within Rockland County of the and success with the show, WABB promoted to recognize Betty Carrell, a constituent from 20th Congressional District of New York, will Buck to the position of full-time sales associ- Livermore, California and one of science's true observe its bicentennial, as this County cele- ate the following year and by 1955, he was female pioneers. brates its 200th birthday. named local sales manager at WABB. After his initial success in radio, Buck left While at Oregon State University in the In 1798 a small gathering of Baptists in the station in 1957 and became an account 1950s, Betty Carrell was the only female stu- Rockland County formally established what is executive with Jack Lewis Advertising. Two dent enrolled in the university's engineering today the Grace Baptist Church of Nanuet. years later, in 1959, he joined the sales de- program. In fact, because of her welding This Church was instrumental in starting six partment at WKRG-TV. That year marked the classes, Mrs. Carrell was the only woman al- new Baptist congregations in Rockland County beginning of what would turn into a long and lowed to wear pants on campus. and subsequently established the first Sunday dedicated relationship with the WKRG cor- In 1959, Mrs. Carrell graduated and was School there in 1828. porate family. quickly hired by Sandia National Laboratories A far-sighted and courageous action that In 1967, Buck Long was promoted to local in Livermore, California where she became this Church took on April 12, 1817, fifty years sales manager as a reward for his hard work. their first female engineer. After five ground before President Abraham Lincoln's Emanci- A few years later, he was elected Vice Presi- breaking years, where she was the only pation Proclamation, was its declaration that dent, and later Senior Vice President, of woman among the 350 engineers at Sandia, members who owned slaves could no longer WKRG. In 1982, Buck was once again ele- Betty left just prior to the birth of her first child. remain fellows of the Church. vated, this time to Executive Vice President While raising her two children, who it should The growth of the Grace Baptist Church and Station Manager. Finally, on January 1, be noted are now both mechanical engineers, over the past 200 years has kept pace with 1986, the Board of Directors of AM-FM radio Betty somehow found time to serve on the the growth of Rockland County. The current stations. Livermore School Board, including two terms congregation is multi-ethnic with Caucasian, Throughout his distinguished career, Buck as its president. Among her other civic activi- has always demonstrated his genuine concern Afro-American, Hispanic, Asian, Korean, Hai- ties, she also sat on the Chabot Community for the Mobile community through his commit- tian and Philippine congregation members. All College Foundation and the Livermore Cham- ment to quality family programming. In addi- these reflect the current cultural and ethnic ber of Commerce. tion, Buck has also believed the public de- composition of Rockland County. In 1984, she returned to Sandia where she serves to be kept informed with a top notch worked on a number of projects including This Church has been an important factor news department and a public affairs division solar thermal technology, warhead dismantling for the development of the Rockland commu- that is second to none. Along these lines, I programs and toxic waste reduction. Betty is nity. Throughout the years it has been an in- would be remiss if I didn't mention one such most proud of the environmental management valuable community presence, making certain program, The Gulf Coast Congressional Re- work she did in Washington, D.C. for two that it responds to the special needs of the port, which has been a mainstay on WKRG for years while on loan to the Department of En- population. It has been a social and religious more than 20 years. In fact, with Buck's strong ergy. Earlier this year at the age of 60 and institution that always acts in the best interests support, several of my colleagues and I, most after 20 fulfilling years at Sandia, Betty Carrell of the community. notably former Congressman Earl Hutto and retired from the working world. I am certain that the Grace Baptist Church the Senate Majority Leader, TRENT LOTT, have Betty Carrell is truly an inspiration to young of Nanuet will keep up its good works, not been able to appear on WKRG on a regular woman everywhere who dream of entering the only in spreading out its religious traditions basis keeping the viewing audience in North- workplace as scientists and engineers. At an and observances, but also promoting its reli- west Florida, Southwest Alabama and the Mis- early age, she shared her parent's love of gious teachings and morality in Rockland's sissippi Gulf Coast informed on the latest math and science so it was a natural for her community. news coming out of Washington. to want to become an engineer. May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E919 Betty can be delighted with the progress directors, and for 17 years he provided that (skillfully portrayed by Sam Waterston and Mia women have made in the sciences. Of the 630 in a determined, yet civilized, manner. Farrow) and their two teenage children, risked technical engineers at Sandia today, 107, 17 Towers was also a man who understood their lives by opening their homes to Jewish principles and accepted the fact that other percent of them, are women. Betty Carrell people had principles that didn’t always friends and neighbors. Dr. Koster, a leading should take great pride in the trail she blazed match his goals. As long as an opponent had Copenhagen surgeon, courageously converted for women everywhere in engineering and in a good reason for disagreeing with him, Tow- the hospital which he directed into a refuge. the sciences. We in the 10th Congressional ers understood. Similar acts of principled, silent bravery dotted District are extremely fortunate to have some- Roy Towers died last week. He took with the historic city, making the ``surprise'' Nazi one as special and as courageous as Betty him a wealth of knowledge about many sub- roundup an unmitigated failure. Carrell living in our community. I applaud her jects, such as making friends and making for her efforts on behalf of women everywhere Del Norte County a better place to be. He Koster and his fellow protagonists soon real- and I wish her the best in her well-deserved will be missed. ized that the Nazi thugs could not be evaded retirement. f indefinitely, and they devised a plan to ferry their Jewish friends to neutral Sweden. f ‘‘MIRACLE AT MIDNIGHT:’’ AN EX- Against seemingly hopeless odds, their efforts TRIBUTE TO ROY TOWERS TRAORDINARY FILM AND A VAL- were rewarded. Through sheer good fortune UABLE LESSON FROM THE PEO- and the wit, wisdom, and valor of the many PLE OF DENMARK Danish heroes, 7,000 Jews escaped to Swe- HON. FRANK RIGGS den. Only a few fell into Nazi hands. OF CALIFORNIA HON. TOM LANTOS IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I cannot overemphasize the OF CALIFORNIA importance of studying the horrible illustrations Wednesday, May 20, 1998 IN THE HOUSE OF REPRESENTATIVES of human brutality that mark the history of the Mr. RIGGS. Mr. Speaker, one of my best Wednesday, May 20, 1998 Holocaust. I feel equally passionate about the friends left this world for a better one last Mr. LANTOS. Mr. Speaker, I am pleased to need to study the causes of the widespread week. His name was Roy Towers. He had one honor today an outstanding film, ``Miracle at popular indifference to the Nazi crimes. But mission in life, to help make his country, his Midnight,'' that appeared on ABC television's another type of example from these awful state and Del Norte County a better place to ``The Wonderful World of Disney'' on Sunday years must also be highlighted: the instances live, work and raise a family. night, May 17. This moving drama, which was of uncompromising bravery that saved many Some people sit on the sidelines and say created by ABC, the Disney Company, and men, women, and children from the gas cham- why bother. Not Roy Towers. He was the type the United States Holocaust Memorial Mu- bers. The fortitude of Oskar Schindler was bril- of person to get involved and make a dif- seum, is a stirring description of the story of liantly recorded on film by Steven Spielberg in ference. And make a difference he did. In the Danish courage during World War II. the epic ``Schindler's List.'' The moral fight of political arena there was no one better at or- Other European nations, subdued by Nazi the outnumbered and outgunned Jews of the ganizing to elect the candidate he felt would might, cowered at the feet of their conquerors Warsaw Ghetto tied down pivotal German do the best job for the people. Where some and, in some cases, collaborated with them in forces for six weeks and, more importantly, people just give money, and others only give their most despicable genocidal plans. The served notice to Hitler's henchmen that the their time, Roy Towers gave both. Danes stood firm against this affront to hu- Jewish people would fight the tyranny forced Most people will remember him as a political manity, fighting back doggedly and bravely upon them. For me and my wife, the lesson of activist, but he was so much more than that. against German efforts to arrest Denmark's Raoul Wallenberg, the Swedish humanitarian Few people will recall that it was Roy Towers Jewish citizens. In a matter of hours, Danes of who saved our lives and the lives of 100,000 who was one of the prime movers of the effort all religions and persuasions joined together to Budapest Jews, is one that we never fail to to get quality care in Del Norte County. Yes, organize a rescue of miraculous success and teach our grandchildren. The sacrifices of the as a member of the Local Hospital Board of unbelievable fortitude. Danes must also never be forgotten, and the Directors, he convinced Sutter Health Systems The swiftness and daring of the rescue illus- brilliantly constructed ``Miracle at Midnight'' to invest millions of their dollars to build a new trated in ``Miracle at Midnight'' is so monu- helps to fulfill this vital mission. hospital in Crescent City. He made sure that mental that it is difficult to believe. In fact, the Mr. Speaker, the extraordinary film would poor people were guaranteed access to good entire account is based on the true experience not exist without the luminous talents and firm health care by convincing the board to bring in of the Danish people. backing of many important participants. ``Mir- a medical clinic to serve those who could not On April 9, 1940, German tanks crossed the acle at Midnight'' is produced by Davis Enter- afford medical and dental care. border into Denmark in an unprovoked attack tainment in association with Walt Disney Tele- Roy was also a dependable friend. I often upon a defenseless nation. As Nazi tanks vision. John Davis and Merrill Karpf are the sought his advice and counsel, and he was al- rolled unhindered across the flat Jutland, the executive producers, with Morgan O'Sullivan ways forthright with his thoughts and ideas. Danish government recognized the impossibil- as producer. Ken Cameron directed from a He was a person who was active right up to ity of resistance and surrendered within hours. script by Chris Bryant and Monte Merrick. the end, fighting for his beliefs. As a reward for their initial passivity, the Ger- Waterston, the acclaimed star of ``The Killing [From the Daily Triplicate, Tuesday, May 19, man occupiers allowed the Danes a modicum Fields'' and television's ``Law and Order,'' joins 1998] of freedom and a measure of civil life unparal- Ms. Farrow, Justin Whalin, and numerous ROY TOWERS, 1920–1998 leled under the Nazi yoke. Few other brilliant artists in their magnificent acting untermenschenÐ``subhuman'' individuals of A MAN OF INFLUENCE AND DILIGENCE, ROY TOW- performances. ``degenerate'' racesÐwere molested by Ge- ERS WORKED HARD TO LEAVE HIS LITTLE COR- ``Miracle at Midnight'' displays for us all the NER OF THE WORLD A BETTER PLACE stapo thugs, and, for three years, life for most Danish citizens remained relatively un- beauty and justice of a people comparatively If someone met Roy Towers walking down changed. unburdened by the racial and religious hatreds the street, at least in the 1990s, most people that indelibly stamped the Holocaust. Preben would not see the clout the gentleman held In 1943, however, this changed. Ambitious in the area. They would have seen a tall, or- SS officers in Copenhagen, perversely envi- Munch-Nielsen, then a teenager, took part in derly man with quiet eyes and reserved de- ous of their mass-murdering colleagues in that historic rescue: ``We didn't recognize meanor. Flashy was not part of his wardrobe Eastern Europe, ordered the arrest of the Jews as Jews, but as Danes. . . . The Jews or his lifestyle. city's Jewish population to coincide with Erev . . . were victims of an insane movement cre- Yet Towers was far different than some Rosh Hashanah, the night before the start of ated by lunatics. If you wanted to maintain others with power. First, Towers’ influence the Jewish New Year. Word leaked quickly to your self-respect, you did what you could.'' wasn’t because of his money, although he did This film is a wonderful lesson of tolerance, have a dime or two. No, it was built on re- the Jewish community, and men and women spect. It was anchored in hard work. He was who arrived for celebratory synagogue serv- dignity, and selflessness. Mr. Speaker, I ask willing to fight his own battles. For example, ices were immediately sent home to hide their my colleagues to join me in commending ``Mir- he saw a need for leadership on what is now families from the Nazi onslaught. Non-Jewish acle at Midnight'' and all those who contrib- the Del Norte Healthcare District’s board of families, among them Dr. and Mrs. Karl Koster uted to its valuable historical lesson. E920 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 STATEMENT ON DEFENSE AU- HONORING VINCE’S BRIDGE IN the site deserves more recognition since the THORIZATION BILL—MOFFETT PASADENA, TX bridge was instrumental in the Texans' victory. FEDERAL AIRFIELD, COMPOSITE So on May 24, 1998 they will rededicate the MAINTENANCE HANGAR HON. KEN BENTSEN marker at the site of Vince's Bridge. OF TEXAS Mr. Speaker, I commend Nona Phillips and IN THE HOUSE OF REPRESENTATIVES Our Neighborhood Association for their unre- HON. ANNA G. ESHOO lenting efforts to carry out this project. Over Wednesday, May 20, 1998 the years, the bridge has maintained its own OF CALIFORNIA Mr. BENTSEN. Mr. Speaker, I rise to recog- identity and symbolism. In the Association's IN THE HOUSE OF REPRESENTATIVES nize the site of Vince's Bridge in Pasadena, words, ``it was built with love and hope and Texas, as it is rededicated on May 24, 1998, dreams. It was destroyed to protect those Wednesday, May 20, 1998 to the memory of the men and women who dreams. It comes back to life at a time when Ms. ESHOO. Mr. Speaker, I'm disappointed participated in the struggle for Texas Inde- our children are sorely in need of dreams and that the National Security Committee was un- pendence. In addition, this rededication is a example.'' It is fitting that we rededicate the able to include funding for the construction of tribute to Pasadena's Our Neighborhood Asso- Vince's Bridge marker to the women and men ciation and its President, Nona Phillips, who a new composite hangar for the Air National who participated in the struggle for Texas not only spearheaded this rededication, but Guard 129th Rescue Wing stationed at Moffett independence and helped the dreams survive. also conducted painstaking historical research Federal Airfield in California. in an effort to document the bridge's role in f I understand the fiscal restraints placed on the Battle of San Jacinto. THE ‘‘CALIFORNIA COASTAL the Committee, especially in the area of con- At the Battle of San Jacinto, Texas Army ROCKS AND ISLANDS WILDER- struction and infrastructure. That is why I am General Sam Houston made a surprise attack NESS ACT OF 1998’’ urging the Administration to give careful con- on the Mexican Army near the mouth of the sideration to including the project in the FY San Jacinto River, defeating the Mexican 2000 budget currently being developed. Army under General Santa Anna. This battle HON. SAM FARR Currently, the hangar and maintenance fa- ended the war, and Texas earned its inde- OF CALIFORNIA cilities for the 129th Rescue Wing at MFA are pendence from Mexico. According to the re- IN THE HOUSE OF REPRESENTATIVES inadequate and unsafe for personnel and air- search conducted by Nona Phillips and her Wednesday, May 20, 1998 craft. The existing hangar (Hangar 3), built be- neighbors, as well as other historians, Vince's Bridge played a critical role in this victory. Mr. FARR of California. Mr. Speaker, I rise fore World War II, was designed to house diri- today to introduce the California Coastal gibles an is much too large and in need of General Sam Houston and the meager Texas Army retreated eastward after the fall of Rocks and Islands Wilderness Act of 1998. I costly renovations and repairs. A newly con- am pleased to be able to offer this bill with the structed Composite Maintenance Hangar the Alamo in the spring of 1836. The troops were increasingly impatient and demoralized support of my colleague, Representative would greatly enhance the operational effec- ELTON GALLEGLY. tiveness and readiness of the California Air by the time they reached Buffalo Bayou, a few miles southeast of present day Houston. The purpose of this bill is to recognize the National Guard and the 129th Rescue Wing. On April 19, the Texans crossed over and ecological significance of the tens thousands NASA was designated as the host agency marched down the right bank of Buffalo Bayou of small rocks, islands and pinnacles off the to accommodate federal assets at Moffett as a to within half a mile of its confluence with the California coast, by designating them as part result of the 1993 Base Realignment and Clo- San Jacinto River. Here, the Texas Army pre- of the National Wilderness Preservation Sys- sure Commission recommendations. Subse- pared their defenses on the edge of a grove tem. These small islands and rocks provide quently, all tenants at Moffett were required to of trees. Their rear was protected by timber important resting sites for California sea lions, relocate to contiguous areas, using available and the bayou, while before them was an Steller's sea lions, elephant seals and harbor facilities to house their activities. As a result, open prairie. seals, as well as providing a narrow flight lane there are no aircraft hangar facilities available The main forces of the Texas Army totaled in the Pacific Flyway. An estimated 200,000 to house the nearly 200 maintenance person- about 750 men. They faced a force of 1,500 breeding seabirds of 13 different species use nel performing repairs to the HC±130P and of the Mexican Army, confident because of these rocks and islands for feeding, perching, HH±60G aircraft in the Air National Guard their recent successes against the Texans. nesting and shelter. Birds that use these areas area. Hangar and related aircraft maintenance Early in the morning of April 21, 1836, Sam include three threatened and endangered spe- activities are currently being performed in a Houston sent Erasmus ``Deaf'' Smith, the cele- cies: the brown pelican, the least tern and the World War II hangar designed for dirigibles. brated Texas scout, along with John Coker, peregrine falcon. The hangar is almost seven times the size of Denmore Reves, John Garner, John Rain- The Wilderness designation afforded by this what is needed by the Air National Guard, and water, Moses Lapham, and Y.P. Alsbury, to act would apply to all rocks, islands and pin- is located a substantial distance from the iden- destroy Vince's Bridge over which the Mexican nacles off the California coast from the Or- tified Air National Guard area. This building is Army had passed, thus cutting off their only egon border to the U.S. Mexico border, which constructed of wood with a metal roof and has available escape. The stage set for battle, are currently under the jurisdiction of the Bu- no fire protection or state-of-the-art safety fea- General Houston gave his long-awaited order reau of Land Management (BLM). This in- tures. to fight, and after only 18 minutes and shouts cludes nearly all of the federally-owned lands of ``Remember the Alamo,'' the Texans were above the mean high tide and within three The current facility has inefficient and obso- victorious. Santa Anna, who was taken pris- geographical miles off the coast. lete utility and environmental systems. The oner, signed a treaty that granted Texans their The designation would afford the highest building also requires extensive code up- independence and ended the war. The battle protected status and highlight the ecological grades to ensure seismic safety, and the for Texas was won. importance of all of the small rocks, islands alarm systems are inadequate. Because of the Vince's Bridge was, by most historical ac- and pinnacles off the California coast, which age and condition of the existing hangar, criti- counts, a relatively small wooden bridge span- together comprise approximately 7,000 square cal and substantial operation and maintenance ning one of the many estuaries of Buffalo acres. Adding these areas would also further (O&M) funds are being expended annually to Bayou. While the San Jacinto Monument, the Wilderness Act's goal of including unique, keep the hangar marginally useful. A Life which today is a museum housing artifacts of ecologically representative areas to the Sys- Cycle Cost Report done by the Air Force the battle, attests to the Texan victory, only a tem. shows that there is a one year payback in- small granite marker along Texas 225, a sel- Rocks and islands which are already pat- volved in the construction of this new compos- dom-travelled, two-lane road, denotes the lo- ented or reserved for marine navigational aids, ite maintenance hangar, and design of the cation of Vince's Bridge. The marker, laid in National Monuments, or state parks will not be project has been completed. the early 1900s by the Daughters of the Re- affected by the legislation. I urge the administration to include this public of Texas, has almost been forgotten, I am pleased to be able to introduce this bill project in next year's budget, and hope that at the message nearly illegible from time and and look forward to its swift passage, so that this time next year I can thank the Committee salt. these unique areas of California's ecosystem for its work in protecting and assisting the Longtime residents and members of Pasa- can be preserved and protected for genera- members of the Guard that serve California. dena's Our Neighborhood Association believe tions to come. May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E921 INTRODUCING DISTRICT OF CO- Senate and the District of Columbia Commit- whatsoever'' over the District of Columbia LUMBIA LEGISLATIVE AND tee during the 1973 consideration of the Home under Article I, section 8, clause 17 of the BUDGET AUTONOMY ACT OF 1998, Rule Act. The Senate version, as well as the U.S. Constitution should it choose to revise THE FIRST BILL IN A SERIES OF bill reported by the District of Columbia Com- what the District has done concerning locally DEMOCRACY TRANSITION BILLS mittee, provided a simple procedure for enact- raised revenue. Nothing in this legislation pre- ing the city's budget into law. Under this pro- vents any member of Congress from introduc- HON. ELEANOR HOLMES NORTON cedure, the Mayor would submit a balanced ing a bill that addresses her specific concerns OF THE DISTRICT OF COLUMBIA budget for review by the City Council with only regarding the District. Once the District re- IN THE HOUSE OF REPRESENTATIVES the federal payment subjected to congres- ceives budget autonomy, the Financial Author- sional approval. A conference compromise, ity Act still mandates that the Authority review Wednesday, May 20, 1998 however, vitiated this approach treating the the District's budget. Granting the District the Ms. NORTON. Mr. Speaker, today I intro- DC government as a federal agency (hence power to propose and enact its own budget duce the District of Columbia Legislative and the 1996 very harmful shutdown of the DC containing its own revenue free from Congres- Budget Autonomy Act of 1998, the first in a government for a full week when the federal sional control during the period when the Au- series of bills that I will introduce this session government was shut down). The Home Rule thority is still the monitoring mechanism elimi- to ensure a process of transition to democracy Act of 1973, as passed, requires the Mayor to nates all risk in granting this power and pro- and self-government for the residents of the submit a balanced budget for review by the vides an important incentive to help the Dis- District of Columbia. City Council and then subsequently to Con- trict reach budget balance and ultimately The National Capital Revitalization and Self- gress as part of the President's annual budget meaningful Home Rule. Government Improvement Act passed last as if a jurisdiction of 540,000 residents were My bill also contains another important sec- summer eliminated the city's traditional stag- an agency of the federal government. tion. It eliminates the congressional review pe- nant Federal payment and replaced it with The D.C. budget process takes 18±22 riod of 30 days and 60 days respectively, for Federal assumption of escalating State costs months from start to finish. The usual time for civil and criminal acts passed by the DC City including prisons, courts and Medicaid, as well comparable cities is six months. The necessity Council. Under the current system, all acts of as federally created pension liability. Federal for a Financial Authority significantly extended the council are subjected to this Congressional funding of these State costs involve the juris- an already uniquely lengthy budget process. layover period. This unnecessary, unprece- diction of other appropriations subcommittees. Even without the addition of the Authority, the dented and undemocratic step adds yet an- The DC Subcommittee is put in the position current budget process requires the city to other unnecessary layer of bureaucracy to an largely of appropriating the District's own lo- navigate its way through a complex bureau- already overburdened city government. cally-raised revenue from its own taxpayers cratic morass imposed upon it by the Con- My bill would eliminate the need for the Dis- money! Any new federal money for the District gress. Under the current process, the Mayor is trict to engage in the byzantine process of en- will come on a targeted basis covered by required to submit a financial plan and budget acting emergency and temporary legislation other subcommittees. My bill corrects an un- to the City Council and the Authority. The Au- concurrently with permanent legislation. The tenable position in a democracy that operates thority reviews the Mayor's budget and deter- Home Rule charter contemplates that if the under principles of federalism, namely a na- mines whether it is approved or rejected. Fol- District needs to pass legislation while Con- tional legislature appropriating in whole the lowing this determination, the Mayor and the gress is out of session, it may do so if two- budget of a local city jurisdiction. The budget City Council (which also hold hearings on the thirds of the Council determines that an emer- autonomy component of the bill would allow budget) each have two opportunities to gain gency exists, a majority of the Council ap- the District government to pass its own budget Authority approval of the financial plan and proves the law and the Mayor signs it. Emer- without congressional approval. budget. The Authority provides recommenda- gency legislation, however, lasts for only 90 Congress has put in place two safeguards tions throughout this process. If the Authority days, which would (in theory) force the Coun- that duplicate the function of the appropriation does not approve the Council's financial plan cil to the pass permanent legislation by under- subcommitteesÐthe Chief Financial Officer and budget on second review, if forwards the going the usual congressional review process and the District of Columbia Financial Respon- Council's revised financial plan and budget when Congress returns. Similarly, the Home sibility and Management Assistance Authority (containing the Authority's recommendations Rule Charter contemplates that the Council (Financial Authority). Moreover, the District to bring the plan and budget into compliance) may pass temporary legislation lasting 120 has already begun to demonstrate that it is ca- to the District government and to the Presi- days without being subjected to the congres- pable of exercising prudent authority over its dent. If the Authority does approve the budget, sional review process, but must endure the own budget. This year, an independent ac- that budget is then sent to the President with- congressional layover period for that legisla- counting firm certified the District's first year out recommendations. The District budget in- tion to become law. (FY 1997) of a balanced budget and surplus, cludes proposed expenditures of locally raised In actual practice, however, most legislation and the District is scheduled to continue to run revenues as well as a proposed federal pay- approved by the City Council is passed con- balanced budgets and surpluses into the fu- ment. The proposed District budget is then in- currently on an emergency, temporary and ture. Under the Financial Responsibility and cluded in the federal budget, which the Presi- permanent basis to ensure that a large, rapidly Management Assistance Authority Act dent forwards to Congress for consideration. changing city like the District remains running. (FRMAA), the Financial Authority will remain in The DC subcommittee in both the House and This process is cumbersome and inefficient, place for two more fiscal years (FY 1999, FY Senate review the budget and present a and would be eliminated by my bill. 2000) in any case, allowing the necessary Chairman's mark for consideration. Following It is important to emphasize that my bill monitoring and affording a period for the city markup and passage by both Houses, the DC does not prevent review of District laws by to exercise the new authority while being mon- appropriations bill is sent to the President for Congress. The DC Subcommittee would con- itored. his signature. Throughout this process the bill tinue to scrutinize every piece of legislation Budget autonomy will also serve to encour- is not only subject to considerations of fiscal passed by the City Council if it wishes and to age more rapid and effective action by the soundness but individual and political consid- change or strike that legislation under the ple- District government and the Financial Authority erations. nary authority over the District that the Con- to return the District to permanent solvency This procedure made a bad budgetary proc- stitution affords to the Congress. My bill mere- and to reform its budgetary governmental pro- ess much worse causing me to write a con- ly eliminates the automatic hold placed on cedures. Budget autonomy facilitates the two sensus budget amendment that allows the local legislation and the need to pass emer- indispensable goals of (1) streamlining the parties to sit at the same table and write one gency and temporary legislation to keep the District's needlessly lengthy and expensive budget. Even so, instead of that budget be- District functioning. budget process in keeping with the congres- coming law now, the District is likely to be Since the adoption of the Home Rule Act in sional intent of the FRMAA to reform and sim- without a budget until close to the adjourn- 1973, over 2000 acts have been passed by plify D.C. government procedures, and (2) fa- ment of Congress this year. the council and signed into law by the Mayor. cilitating more accurate budgetary forecasting. Under the legislation I introduce today, the Of that number, only thirty-nine acts have This bill inserts into the DC reform process a District of Columbia still remains subject to the been challenged by a congressional dis- carrot where there have been only sticks. In- full appropriations process in the House and approval resolution. Only three of those reso- centives will help to hasten reform. Senate for any federal funds. Nothing in this lutions have ever passed CongressÐtwo of This bill would return the city's budget proc- bill diminishes the power of the Congress to which involved a distinct federal interest. Two ess to the simple approach proposed in the ``exercise exclusive legislation in all cases bills, rather than a hold on 2000 bills, would E922 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 have served the purpose and saved consider- ures in American aviation. After twenty five Specifically, the bill directs the Department able time and money for the District and the years, the last thirteen as Chairman and CEO, of Energy's Worker and Community Transition Congress. Bob Crandall is leaving American Airlines. His Office to set up and manage a fund dedicated I ask my colleagues who are urging the Dis- legacy is immense. to improve economic security of the commu- trict government to pursue greater efficiency A vehement opponent of deregulation in the nities which depend on and support the oper- and savings to do your part in giving the city 1970s, Bob Crandall guided American and, in ation of the two uranium enrichment plants lo- the tools to cut through the bureaucratic maze turn, other airlines through the tumultuous cated in Piketon, Ohio and Paducah, Ken- the Congress has imposed upon the District. 1980s. Bob Crandall's innovationsÐcomputer tucky. The appropriation to this fund would be Congress has been clear it wants to see the reservations systems, frequent flier programs, authorized at a level equal to the tax windfall DC government taken apart and put back to- super saver fares and the hub and spoke sys- received by the federal government from the gether again in an effort to eliminate redun- tem, to name a fewÐhave become industry privatized USEC. Under the management of dancy and inefficiency. Congress should standards. American Airlines has tripled in DOE's Worker and Community Transition Of- therefore eliminate the bureaucracy in DC that size since moving its headquarters to Dallas- fice, the allocation of funds to the regions Congress is solely responsible for by granting Fort Worth, which has grown with American to would be directly related to the economic dis- the city budgetary and legislative authority. become one of the busiest airports in the tress factors in the local communities sur- Only through true budgetary and legislative United States. rounding the facilities and could provide the autonomy can the District realize meaningful We congratulate him as he leaves American resources necessary to improve the economic self-government and Home Rule. The Presi- and thank him for his visionary leadership both health in these regions. Those counties expe- dent and the Congress took the first step in in the aviation community and in the riencing the highest unemployment rates relieving the District of costly escalating state Metroplex. We do not know exactly what his would receive larger allocations than counties functions in the President's Plan. This bill future holds, but we hope we have not heard with unemployment rates closer to the state takes the next logical step by granting the Dis- the last of Bob Crandall. average unemployment rate. These financial trict control over its own budgetary and legisla- f resources would be used to help train dis- tive affairs. I urge my colleagues to pass this INTRODUCTION OF THE ‘‘COMMU- placed employees and market the region for important measure. NITY EMPOWERMENT AND EM- future business opportunities. This dedicated f PLOYEE PROTECTION ACT’’ fund would dissolve when the local unemploy- ment rates of the affected counties reach the THE FEDERAL FINANCIAL ASSIST- HON. TED STRICKLAND average unemployment rate of the respective ANCE MANAGEMENT IMPROVE- states for a period equal to at least one year. MENT ACT OF 1998 OF OHIO IN THE HOUSE OF REPRESENTATIVES While I recognize that downsizing at DOE facilities adversely affects local communities HON. STENY H. HOYER Wednesday, May 20, 1998 across the country, I doubt whether many of OF MARYLAND Mr. STRICKLAND. Mr. Speaker, I rise today these communities have the pressing need IN THE HOUSE OF REPRESENTATIVES to introduce legislation, along with my col- that exists near the Piketon, Ohio plant. Re- league Mr. ED WHITFIELD of Kentucky, which Wednesday, May 20, 1998 cent unemployment statistics indicate that the would guarantee that an amount equal to the average unemployment rate of the four coun- Mr. HOYER. Mr. Speaker, today Congress- tax windfall the federal government receives ties surrounding the Piketon, Ohio plant is man PORTMAN and I have introduced The Fed- from the privatized United States Enrichment greater than 10%. The average unemployment eral Financial Assistance Management Im- Corporation (USEC) would help to assist job rate in the state of Ohio is 4.3%, seasonally provement Act of 1998. This legislation elimi- creation and stimulate economic development adjusted, and the national adjusted average nates duplicative paperwork for those individ- in southern Ohio and western Kentucky. In the unemployment rate is 4.7%. This bill is de- uals and groups attempting to get federal as- Energy Policy Act of 1992, the government- signed to address this unacceptable disparity sistance. The bill also removes federal road owned corporation USEC was created to as- and help to ensure that southern Ohio has an blocks to coordinating service delivery for fam- sume responsibility for the Department of En- equal opportunity to contribute to this nation's ilies receiving federal assistance. The Federal ergy's (DOE) uranium enrichment program. economic recovery. Financial Assistance Management Improve- The 1992 Energy Policy Act not only trans- f ment Act of 1998 establishes the framework ferred the Department's uranium enrichment by which federal, state and local agencies can program to USEC, but it also included a re- HONORING LOU BOOKER ON THE more efficiently deliver services to those in quirement that USEC prepare a strategic plan OCCASION OF 20 YEARS OF EX- need. to privatize the corporation. On June 30, 1995, EMPLARY SERVICE TO THE We have asked families to get back on their USEC issued its privatization plan. Today, that SANTA FE SPRINGS CHAMBER feet so they can take care of themselves and privatization plan is near completion and the OF COMMERCE AND INDUSTRIAL their children but our maze of federal regula- transfer of this public asset will take place as LEAGUE tions makes it more difficult for community soon as this summer. programs to assist families in doing this. We Back in the 1950's the Department of Ener- HON. ESTEBAN EDWARD TORRES must help these families to help themselves. gy's gaseous diffusion plants in Piketon, Ohio OF CALIFORNIA and Paducah, Kentucky operated to supply The Federal Financial Assistance Manage- IN THE HOUSE OF REPRESENTATIVES ment Improvement Act of 1998 coordinates enriched uranium for U.S. nuclear weapons Wednesday, May 20, 1998 federal service programs to better serve our and later for reactor fuel for nuclear sub- Nation's children and families and I am marines. Today, the Piketon and Paducah fa- Mr. TORRES. Mr. Speaker, I rise today to pleased to introduce it today with my col- cilities provide an essential service in the pro- recognize Lou Booker for 20 years of out- leagues ROB PORTMAN, JIM MORAN, CHRIS duction of fuel for commercial nuclear power standing service as Executive Director of the SHAYS, TOM DAVIS, STEVE HORN, GARY plants operated by electric utilities. Unfortu- Santa Fe Springs Chamber of Commerce & CONDIT, DENNIS KUCINICH, BOB WEYGAND, nately, the changes in DOE's mission have led Industrial League. Lou was recognized last ROSA DELAURO, JIM MCGOVERN, CAROLYN KIL- to significant workforce reductions at the plant week in Santa Fe Springs, California. PATRICK, JIM TALENT, MARK SANFORD, and in southern Ohio, and this downsizing dramati- Lou Booker and her husband Vern have two JOHN SUNUNU. cally affects a region which has not experi- children Steve and Lynn and six grand- f enced the unparalleled economic recovery so children. They reside in La Palma, California. many other communities throughout the coun- Lou began her career with the Santa Fe IN TRIBUTE TO BOB CRANDALL try have enjoyed. Under privatization, USEC Springs Chamber of Commerce & Industrial intends to restructure its operation and there is League in 1978. Throughout her 20 years of HON. MARTIN FROST a growing uncertainty about the security of ex- service, she has implemented and maintained OF TEXAS isting jobs at the plant. Therefore, I believe the programs that have placed Santa Fe Springs IN THE HOUSE OF REPRESENTATIVES bill we are introducing today provides a rea- Chamber of Commerce & Industrial League at sonable approach to addressing the needs of the forefront of area chambers. One of the Wednesday, May 20, 1998 the workers, their families and the commu- programs that Lou supports is the Rotary Club Mr. FROST. Mr. Speaker, today marks the nities of Ohio and Kentucky that supported our of Santa Fe Springs. Lou has also worked to retirement of one of the most prominent fig- efforts during the Cold War. expand the City of Santa Fe Springs' annual May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E923 business and residential ``Citizen of the Year'' In order to preserve this opportunity for fu- for progress and reform, never tolerate injus- Award Ceremony and the biannual ``Salute of ture Congressional aspirants, I believe we tice or corruption, always fight demagogues of Merit Award,'' to recognizing fire, police and must focus our campaign finance reform ef- all parties, never belong to any party, always highway patrol service personnel. forts on getting the truth to the American peo- oppose privileged classes and public plunder- Lou has earned a state-wide reputation for pleÐbecause that is what they want. And find- ers, never lack sympathy with the poor, al- developing a chamber that consistently has ing the truth means opening up our books, all ways be drastically independent, never be been on the ``cutting-edge'' of innovation. She of our campaign finance documents, and let- afraid to attack wrong, whether by predatory is the editor of a highly acclaimed monthly ting the light shine brightly on who is giving plutocracy or predatory poverty.'' newspaperÐThe Business & Industry News; money to our candidates, who is spending The residents of the Tribune will mark May the Business & Industry News Directory and a special interest money on their elections, and 28th with the hope and assurance that the nationally recognized and awarded Business how much they are spending on these races. newspaper will continue to have a similar im- Emergency Preparedness Network. She has Because too often, people inherently fear pact for many years into the future. also assisted in the development and publica- that which they do not know. The American f tion of the Legislative Action Guide for the people have been kept in the dark about who Gateway Chambers Alliance. These publica- is getting what money, how much is coming in RETIREMENT OF REAR ADMIRAL tions keep constituents informed on local and and from where it comes. Only then will the KENDELL PEASE national business issues. people be able to decide who best represents In addition to her service to our local busi- them. HON. IKE SKELTON ness community, Lou has also provided lead- Congress must support full disclosure of all OF MISSOURI ership and inspiration to the youth of Santa Fe campaign related financing, and full publica- IN THE HOUSE OF REPRESENTATIVES Springs. She has assisted in the implementa- tion of campaign documents, and let the sun Wednesday, May 20, 1998 tion of community Chamber/League commit- shine in on how candidates finance their cam- tees and activities that have development paigns. Mr. SKELTON. Mr. Speaker, I rise today to school programs and projects focusing on f recognize the distinguished service of Rear drug awareness and career development. She Admiral Kendell Pease, who recently retired is a strong supporter of the CHOICES Pro- SOUTH BEND TRIBUNE 125TH from the United States Navy as Chief of Infor- gram and the DESTINY FUND, a school Men- ANNIVERSARY CELEBRATION DAY mation after 34 years of exemplary service. tor program. After a brief period as an enlisted man and Mr. Speaker, this afternoon, members and HON. TIM ROEMER four years at the Naval Academy, Admiral leaders of our community gathered to recog- OF INDIANA Pease joined the fleet as a public affairs offi- cer in 1968. He served his country in Vietnam, nize Lou for her 20 years of exemplary service IN THE HOUSE OF REPRESENTATIVES with subsequent assignments in Naples, Italy; to the community of Santa Fe Springs. I ask Wednesday, May 20, 1998 my colleagues to join me in honoring Lou Charleston, South Carolina; Washington, DC; Booker's 20 years of selfless dedication to the Mr. ROEMER. Mr. Speaker, Thomas Jeffer- and Norfolk, Virginia. He was public affairs of- Santa Fe Springs Chamber of Commerce & son once said of newspapers: ``The basis of ficer at the Naval Academy, served on the Industrial League. our government being the opinion of the peo- staff of the Assistant Secretary of Defense for f ple, the very first object should be to keep that Public Affairs at the Pentagon, and was also right; and were it left to me to decide whether public affairs officer at the Bureau of Naval CAMPAIGN FINANCE we should have a government without news- Personnel. papers, or newspapers without a government, It was at the Navy Office of Information in HON. JOHN SHIMKUS I should not hesitate a moment to prefer the the Pentagon where Rear Admiral Pease real- OF ILLINOIS latter.'' ly made his mark as a spokesman for Navy- IN THE HOUSE OF REPRESENTATIVES Next Thursday, on May 28th, one of the wide operations and policy. He served in the great papers in the State of Indiana, the South Office of Information three different times, the Wednesday, May 20, 1998 Bend Tribune, will mark 125 years of continu- final time in his position as Chief of Informa- Mr. SHIMKUS. Mr. Speaker, I rise today to ous publication as a daily newspaper. Since tion, where he was the principal public affairs ask my colleagues to support provisions in our its inception in 1873, the Tribune has compiled advisor to and spokesman for both the Sec- upcoming campaign finance debate which re- an outstanding record of professionalism and retary of the Navy and the Chief of Naval Op- quire full disclosure of all campaign contribu- public service that continues today. South erations for nearly six years, the longest term tions and expenditures. Bend, the State of Indiana, and portions of ever held by a Chief of Information. Admiral In the past several years, we have too often Michigan are all fortunate to have a news- Pease's tenure spanned some of the most seen abuses of the campaign financing sys- paper that sets such a high standard for com- dramatic changes the sea service has experi- tem, where money is pouring into elections munity service and journalistic competence. enced in more than 200 years. He saw the from foreign and other unknown sources with The Tribune is an exceptional newspaper in aftermath of Tailhook and the integration of little consequence. I find it disturbing that cam- a variety of ways. Allow me to mention a few women into combat roles in the Navy; he saw paigns are sometimes run behind the scenes, examples. First, the Tribune has been recog- the challenges of personnel drawdowns follow- behind the backs of voters, so that the cam- nized on many occasions by local, state, and ing the collapse of the Iron Curtain; he helped paign finance process generates fear and dis- national newspaper organizations for its out- the Navy mold and then iterate a drastic trust among voters, instead of honesty and standing coverage and service to its readers. change in mission philosophy, from a blue openness. Year after year the paper wins awards in a water fighting force designed to counter the Although the popular opinion polls may wide variety of categories: from photography, Soviet threat to a brown water force capable show an indifference or apathy toward cam- to deadline reporting, to editorial writing. of fighting in the littorals and projecting power paign finance, I feel that many Americans see Second, the dedicated and devoted staff of from the sea. He was always engaged with these questionable escapades as an inherent the Tribune produce a newspaper that is con- the media, discussing necessary new acquisi- part of the campaign finance system, and they sistent in the high quality of its content. Read- tion programs like the F/A±18E/F Super Hor- feel the situation may never improve. ers all over Indiana have learned that they can net; the Seawolf and the New Attack Sub- As a Member of Congress who has no ex- depend on the Tribune to produce an excel- marines; the next generation aircraft carrier travagant personal wealth, and no means to lent newspaper every day. CVX and CVN±77, the transition ship to CVX; independently finance my own campaign, I be- Third, the Tribune continues to be devoted and DD21, the Navy's land attack destroyer lieve in letting the system work. I believe that to its community. In an era of cookie-cutter na- for the 21st century. Over and over and over candidates young or old, rich or poor, black or tional newspaper chains that lack local flair or again, Rear Admiral Pease communicated the white, can and must continue to be able to public concerns, the Tribune remains a locally Navy's role of Forward PresenceÐoperating serve their community and country as a Rep- owned and managed newspaper that is dedi- ships, submarines and aircraft anywhere in the resentative in Congress. The opportunity to cated to promoting the health and civic dis- world, unencumbered by host country sen- serve in Congress must not be limited to only course of its community. sitivities. those who have personal wealth, which is the When Joseph Pulitzer retired, he outlined a Admiral Pease was the Navy's chief spokes- effect that many of the campaign reform bills standard for newspapers that exemplifies the man during numerous naval deployments to would have on candidates. history of the Tribune: ``That it will always fight protect American interests in global hotspots E924 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 like the Persian Gulf, Taiwan Straits, Somalia, Former Councilwoman Joan Griffin McCabe I believe that it is an important aspect of our and the Adriatic Sea off Bosnia. And on occa- has distinguished herself through her lifelong democracy that people can come and see the sion, when force was the final resort as we career as an education activist. Starting in political process themselves. Many members have seen several times in the past few years 1991, Ms. McCabe spent six years as the rep- of the populace never get a chance to do this. in Iraq and Bosnia, Rear Admiral Pease was resentative of the 38th District in the New York Often the legislative process seems far re- there, telling the story of the heroic American City Council. During her two terms, Ms. moved from the average persons everyday Sailor and his or her efforts in the face of ad- McCabe produced many tangible benefits for life. It is often seen as a process that they versity. Admiral Pease placed particular em- the community, including protection of the en- cannot have any part in. We need to educate phasis on the Sailor, because he realized that vironmental integrity of the Brooklyn Water- people in what we do. to show them that we they were the backbone of the fleetÐthe inge- front and $120 million dollars from the city are here to serve them and that we are an- nuity of the individual American Sailor is what government for school textbooks. Her work on swerable to them. This is how our democracy make our Navy the greatest one in the world. behalf of students in New York city has works and young people should be aware of Rear Admiral Pease was a master of pre- earned her wide recognition. these principles. senting the Navy's role in world events to the Captain James L. Luongo has earned rec- The Capitol tour gives a taste of the history American public. He personally mentored hun- ognition as a result of his nearly twenty years of the United States. I believe that these dreds of junior officers who were members of of service in the NYC Police Department. Cap- young people need to learn about their history the Navy public affairs community; he was de- tain Luongo is the commanding officer of the and the work that our great leaders have put manding, but mostly of himself, often arriving 78th Precinct and a member of the Honor Le- into creating the nation we have today. It is at the Pentagon before six a.m. and routinely gion. He has previous experience in Patrol, the people that I mentioned above from Ports- working until nine or ten at night. His untiring Narcotics, and Detective work. Captain mouth Middle School who make this trip pos- commitment led to a remarkable increase in Luongo's work in the NYC has made the city sible. They have over the years acted beyond America's understanding of the Navy and its a safer place in which to live. the call of duty to make these trips work. I people. He clearly played a significant role in Edmundo Quinones is the Deputy Director would like to acknowledge their efforts and the shaping of public opinion and the future of of Social Services at Project Reach Youth in note that I appreciate the work they do to the sea service. Park Slope. Mr. Quinones has spent his life show a new generation of young people our Admiral Pease was an innovative commu- work for the public good with children and democratic process. nicator. He was at the forefront of promoting families. He has worked for a myriad of goals, f digital photography to tell a story half a world leading support groups for parents and teens, away; he also used video teleconferencing at organizing parent advocacy groups for school SALUTING THE EARTHLINK sea and the internet to carry the Navy's mes- reform, and helping teen parents and run- NETWORK sage. And his tenure as the Chief of Informa- aways. Edmundo Quinones has earned this tion saw incredible evolution not only in the recognition as the result of his lifetime of serv- HON. JAMES E. ROGAN way the Navy communicates with the public, ice to the families of Park Slope. OF CALIFORNIA but also with Sailors. He refined the Navy's in- I hope that all of my colleagues will join me IN THE HOUSE OF REPRESENTATIVES ternal publications, reorganized and enhanced today in honoring these three, their lives spent Wednesday, May 20, 1998 the Navy's weekly news program ``Navy and working for the public weal are an inspiration Marine Corps News'', and pioneered Direct to to us all. Mr. ROGAN. Mr. Speaker, the truest test of Sailor television aboard ships at seaÐsatellite f a company's service is the satisfaction of its technology destined to bring live television customers. As a testament to its high level of programming to all Navy ships in the next dec- PORTSMOUTH MIDDLE SCHOOL customer commitment, one company in my ade. VISITS WASHINGTON, DC district has been recognized recently for rising Perhaps most of all, Rear Admiral Pease to the top in the Internet Service Provider mar- was valued not only for his ability as a com- HON. PATRICK J. KENNEDY ket: the Earthlink Network. municator, but more importantly as a strategic, OF RHODE ISLAND In mid-1994, an enterprising young busi- big picture thinker, advisor and the voice of IN THE HOUSE OF REPRESENTATIVES nessman, Sky Dayton, founded a local Inter- net access provider to take advantage of a reason. He served three Secretaries of the Wednesday, May 20, 1998 Navy and three Chiefs of Naval Operations void where larger national companies had during his six years as the Chief of Informa- Mr. KENNEDY of Rhode Island. Mr. Speak- lapsed. Mr. Dayton quickly capitalized on his tion. A man of unparalleled vision, his opinion er, I want to take this opportunity to praise the local niche, and fostered the development of weighed significantly more than the two stars hard work of those who organized the Ports- Earthlink Network into what is today the he wore on his collar would indicate. He is a mouth Middle School Annual Field Trip to world's largest independent Internet access man who served his country loyally and truly Washington, DC. Every year a group of stu- firm. epitomizes the Navy core values of honor, dents from the school are taken to the Capitol While achieving success was by no means courage and commitment. to have a tour. A number of people put a great a smooth journey, word of Earthlink's dedica- I know the Members join me in this tribute deal of time and effort into organizing this trip. tion to service quickly spread, winning them to Rear Admiral Kendell Pease, who has truly In fact these same dedicated individuals have accolades from newspapers and magazines given his all to the United States Navy for the been making this trip for over twenty years. I across the country. Among their achievements last 34 years. would like to acknowledge these people for in the professional realm, none is more signifi- f the work they have done. Richard Munch, cant than the news last month that the Beverly Tavares, Paul Fuller, Andrew Earthlink Network had surpassed the 500,000- ROSAS COMMUNITY AWARDS Schlachter, Harold Weymouth, Beverly customer mark. Mankofsky, Jackie Shearman, Heather Baker. By ensuring that its services were oper- HON. CHARLES E. SCHUMER Without their constant help and support the ational over 99 percent of the time, and by OF NEW YORK trip would not take place. providing consistent quality customer service, IN THE HOUSE OF REPRESENTATIVES The trip enables young students to see the Earthlink Network is demonstrating that true Capitol up close and they learn a great deal entrepreneurial spirit thrives in the 27th Con- Wednesday, May 20, 1998 of how the government works. It is important gressional District. One man's idea for a new Mr. SCHUMER. Mr. Speaker, one of my that our young people get to see for them- start-up business has steadily grown into a greatest pleasures in serving in this Congress selves the legislative process. The get a tour trendsetter in the industry. Just last year, the is the opportunity to recognize outstanding of the Capitol which goes through all aspects Los Angeles Times reported: ``[Earthlink] has people for their accomplishments. Former of the legislature. They are able to learn the combined good marketing, good service, good Councilwoman Joan Griffin McCabe, Captain procedures of Congress and they get a taste capital-raising ability and good attention to James L. Luongo, and Edmundo Quinones of how the process functions. This is a very strategic detail to grow from nothing to almost are people who have dedicated their lives to educational tour as these students are able to 400,000 subscribers in just three years.'' the public good. In recognition of their service, hear the history of the nation and the capital. Mr. Speaker, I echo these same sentiments. they will be receiving the Revitalization of the They go to Congressional offices, are shown In just a few years the Internet has grown Southern Area of the Slope community service through the Capitol and see the House in ac- from the brainchild of a few computer experts awards this Thursday evening. tion. to the modus operandi of school children, May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E925 businesses, and industries around the world. lative process. Congress has in recent years reports for certain types of travel. These re- Earthlink Network has developed a loyal fol- placed greater restrictions on travel, but oc- ports often include the source of funds pay- lowing by harnessing the power of the Inter- casional reports of abuses continue to raise ing for travel, and an estimate of the cost of the public’s ire, with the unfortunate effect transportation, food, lodging, and other ex- net, and presenting it to consumers in an un- of discouraging some legitimate and useful penses. My proposal would require reports to derstandable and user-friendly format. For congressional travel. Many Members do not also include a detailed itinerary and policy their dedication to quality and their innovations travel at all because they fear the political findings and recommendations; more infor- in the access provider industry, I ask my col- consequences from being accused of taking a mation on private sources who fund trips; es- leagues here today to join me in saluting the junket. I recently introduced a travel reform timates of the costs of travel provided by a excellence of Earthlink Network, and in con- package which seeks to address some of the foreign government; and, if transportation is problems with congressional travel while en- gratulating them on their 500,000th customer. provided by the Department of Defense, an hancing its benefits to Congress and the pub- estimate of the cost equivalent commercial f lic. transportation. Reasons for travel: Domestic and foreign DRUG FREE BORDERS ACT Make travel records more accessible to the travel can greatly enhance a Member’s public: Currently, only reports for govern- knowledge, improving the quality of legisla- ment-funded foreign travel are made widely tion and congressional oversight. In our sys- available to the public. My proposal would HON. RON PACKARD tem of government, Congress has the power require the House to publish in the CONGRES- OF CALIFORNIA of the purse. With this power to spend money SIONAL RECORD and on the Internet a com- IN THE HOUSE OF REPRESENTATIVES comes the equally important responsibility pilation of all travel reports for each cal- to ensure that it is well-spent; and direct, Wednesday, May 20, 1998 ender quarter, as well as an annual summary personal oversight by Members of Congress of all House travel. Mr. PACKARD. Mr. Speaker, today I would is essential. Some congressional trips save Ethics Committee approval for privately-fund- like to salute all of my colleagues who joined taxpayer dollars by exposing wasteful pro- grams both at home and abroad. Travel can ed trips: Under my proposal, travel funded by me last night in supporting the Drug Free Bor- private sources would require advance au- ders Act. I would especially like to commend improve a Member’s understanding of the impact government policies have on a par- thorization from the House Ethics Commit- Congressman PHILIP CRANE (R±IL) for his ticular region or group of citizens and can tee. The Ethics Committee would have to ex- leadership in introducing this legislation and also increase the public’s knowledge of amine whether the person or group paying following through with its rapid progression. issues before Congress. for the trip has a direct interest in legisla- The Drug Free Borders Act plays an impor- Foreign travel increases the expertise of tion before Congress, and whether accept- tant role in our renewed efforts to win the War Members on programs and issues that com- ance of the trip would have an adverse im- mit significant United States resources pact on the integrity of the legislative proc- on Drugs by authorizing an additional $233 ess. million for the U.S. Customs Service. This leg- abroad, from programs to promote U.S. ex- ports to overseas military deployments to Restrict perks: My proposal would prohibit islation also calls for 1,745 more Customs in- food aid for developing nations. Travel also Members and staff from accepting first-class spectors and special agents, as well as new alerts Members to foreign trade opportuni- airfare. Meals and lodging in excess of the drug-screening technologies to assist in exist- ties which can directly benefit constituents federal employee per-diem rate would also be ing interdiction efforts. in their home districts. Moreover, Members prohibited unless previously authorized by As a resident of the Southern California re- can advance our national interests: because the House Ethnics Committee. Moreover, gion bordering Mexico, I am well-aware of the they do not represent the President directly, travel by spouses or family members would be limited. issues that surround the importation of narcot- sometimes they can say things that U.S. dip- lomats cannot. It is ironic that there are Conclusion: I firmly believe that when con- ics. As the Congressional Representative for strong pressures against foreign congres- gressional travel is done right, it can greatly the 48th District of California, I know that our sional travel at the very time that America’s benefit Members of Congress and the citizens efforts are best directed at strengthening the security and economic interests are broader they represent. The question is not whether security at our ports of entry in order to curb and more complex than ever. to abolish congressional travel, but how to this disturbing practice. Problems: The purpose of some congres- get rid of frivolous travel while maintaining Mr. Speaker, yesterday's passage of the sional travel, however, is dubious. Particu- the worthwhile. My hope is that by putting larly troublesome is travel paid for by in place stronger safeguards against travel Drug Free Borders Act is one more sign of groups who have a direct interest in legisla- this Congress' commitment to winning the War abuses, good, substantive congressional trav- tion before Congress. Some groups, for exam- el will enjoy the support of Members and the on Drugs. I applaud my colleagues and urge ple, will invite Members and staff to attend public. them to persist with this battle. seminars or conferences at resorts or other f appealing locations. Though these meetings are ostensibly to explore important issues, f CONGRESSIONAL TRAVEL most are really aimed at advancing a spe- cific point of view and gaining access for lob- CONGRESSIONAL SENIOR CITIZEN byists to key Members and staff. These sorts INTERN PROGRAM HON. LEE H. HAMILTON of trips create at the very least the percep- OF INDIANA tion that Members of Congress are accepting HON. LOUIS STOKES IN THE HOUSE OF REPRESENTATIVES nice trips in exchange for their votes. While I think this sort of gross exchange of votes OF OHIO Wednesday, May 20, 1998 for favors is rare, these trips do allow special IN THE HOUSE OF REPRESENTATIVES Mr. HAMILTON. Mr. Speaker, I would like to interests to have greater access to Members Wednesday, May 20, 1998 insert my Washington Report for Wednesday, of Congress, and with access often comes in- fluence. Mr. STOKES. Mr. Speaker, each year dur- May 20, 1998 into the CONGRESSIONAL There are also questions about whether ing the month of May our nation celebrates RECORD. Members travel too lavishly and at too great National Senior Citizen Month. All throughout REFORMING CONGRESSIONAL TRAVEL an expense. Many congressional trips involve the use of military aircraft, which is some- May, various communities around the nation One of the biggest changes I have seen dur- times justified. In addition, Members’ celebrate the diverse contributions of their ing my years in Congress is an explosion in spouses sometimes accompany them on senior citizens. In recognition and in conjunc- the number of complex issues Members of trips, even though there may not be in all tion with National Senior Citizen month, senior Congress are called upon to consider. Fortu- cases a legitimate reason for them to do so. citizens from across the United States are nately, Members have a host of resources on Reforms needed: Congress can do a better gathering on Capitol Hill to participate in the which they can rely for information, but job of ensuring that travel serves legitimate these are no substitute for a Member’s per- purposes. Recent reforms have been helpful. annual Congressional Senior Citizen Intern sonal observations and experience. To get In 1995, for example, the House enacted a gift Program. the broadest possible exposure to issues be- ban which required Members and staff to dis- The annual senior intern program provides fore Congress, Members must sometimes close any travel paid for by private funds and our nation's senior citizens with a firsthand travel. emphasized that trips must relate to the offi- look at their government in action. While par- Congressional travel is frequently viewed cial business of the House. But loopholes re- ticipating as interns in Washington, D.C., they with skepticism by the public, who worry main in the rules. In an effort to improve ac- attend meetings, issue forums, and workshops that Members travel too often at too great countability in congressional travel, I re- an expense, with more emphasis on recre- cently introduced a travel reform resolution on topics which impact the elderly community ation than substance. They also voice con- which would: in particular. The Senior Citizen Intern Pro- cern about trips paid for by special-interest Improve reporting requirements: The House gram also allows it's participants a chance to groups who are trying to influence the legis- currently requires Members and staff to file engage their congressional leaders, members E926 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 of the presidential cabinet, and other policy- Reading is one of life's greatest pleasures TRIBUTE TO MRS. VALENTINA makers in extensive dialogue about the legis- and the knowledge gained through libraries is UMANETS lative process. I am extremely honored to sa- critical to maintaining our great democracy. lute Mrs. Gussie Jones, who has been se- With this dedication, we need to honor not HON. JACK METCALF lected as my Congressional Senior Citizen In- only this important structure but the people OF WASHINGTON tern. Mrs. Jones was born and raised in who were so committed to this important com- IN THE HOUSE OF REPRESENTATIVES Cleveland, Ohio. A graduate of Case Western munity service many years ago. From A.G. Wednesday, May 20, 1998 Reserve University, she is the type of person Kuehnle, a Howell native who hand built the li- that my district is proud to have produced. Not brary; to Andrew Carnegie, who funded over Mr. METCALF. Mr. Speaker, I rise today to only has Mrs. Jones handled the responsibil- 2,500 free public libraries throughout the pay tribute to a constituent of mine, Mrs. ities associated with being a mother, grand- English-speaking world; to the people of How- Valentina Umanets of Bellingham, Washing- mother and most recently being a great grand- ell who established and supported the library ton. Valentina passed away at her home on mother, but she is also a political activist and throughout the years, this is an example of Friday, May 15th 1998. Valentina was instru- public speaker whose words of wisdom are what can happen when dedicated people mental to the Sister Cities agreement between Bellingham, Washington in my district and well sought after in the Cleveland area. She come together to meet the needs of the com- Nakhodka in eastern Russia. has on many occasions represented me at munity. The Howell Carnegie Library is an im- In 1989, long before Perestroika allowed for various functions. portant landmark and I am pleased it is getting the openness that is now sweeping across Mr. Speaker, for 32 years Mrs. Jones dedi- the recognition it deserves. Russia, Valentina worked to bring about the cated her career to being an assistant man- Sister City agreement. She worked as the f ager in the General Services Department and central staff member for the City of Nakhodka a member of the Ohio Bell Speakers Bureau. on this agreement. In 1993, Valentina immi- Her affiliations include the Inner Church Coun- COMMEMORATION OF SECOND AN- NIVERSARY OF THE BROOKLYN grated to the United States at the request of cil, the Executive Board #1 of the Eliza Bryant Western Washington University and the City of Home for the Aged, the League of Women CHINESE-AMERICAN ASSOCIA- TION Bellingham to enhance the Sister City pro- Voters, and the National Council of Negro gram. Because of Valentina's hard work on Women. She also shares an affiliation with the this project, Bellingham and Nakhodka now Tau Gamma Delta Sorority Iota Chapter. ´ have a vibrant Sister City agreement that has In particular Mr. Speaker, Mrs. Jones is very HON. NYDIA M. VELAZQUEZ OF NEW YORK flourished in recent years with many valuable involved in the church environment. She is a exchanges between the local governments, very active member of both African Methodist IN THE HOUSE OF REPRESENTATIVES businesses and the citizens of these two com- Episcopalian Zion Church and St. Paul A.M.E. Wednesday, May 20, 1998 munities. Zion Church. In addition to serving as adminis- Valentina worked as a Professor of Russian trative assistant to her Pastor and Presiding Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise today at Western Washington University, and had Elder, Mrs. Jones is the Director of Home Mis- to pay tribute to the Brooklyn Chinese-Amer- recently completed work on a new text book sion of A.M.E. Zion Church Conference, Sec- ican Association on their second anniversary. for teaching the Russian language. She was retary for the Cleveland District Connection, This celebration is due to two years of com- loved by her students, and her home always Executive Secretary of the Connectional munity outreach. This organization began as a had visitors from either the University or the Claims Committee, Member of the Home Mis- group of concerned citizens who wanted to many Russian immigrants that call Bellingham sion Board, and the Stewardess Board #2. better their community. Despite lack of funding and Whatcom County home. She was always She is also the Chairperson of the Life Mem- and resources, the group managed to become willing to help those in the community that bers Council for the Missionary Society, Chair- an organized entity providing an array of vital were in need of assistance with a government person of the Scholarship Fund Committee, services to the community. agency, a school or those that just needed and an honorary member and narrator of the The Brooklyn Chinese-American Association something translated. Chancel Choir. provides essential services in the areas of She also held events at the University and Mr. Speaker, I take great pride in honoring health, service, and education. They conduct a parties at her home to celebrate the rich Rus- Mrs. Gussie Jones. She is an exceptional variety of health related workshops and pro- sian culture. Most recently, Valentina orga- Christian woman who serves her community vide medical check-ups, free eye-exams, nized ``An Evening of Russian Romance'' at well. I am certain that Mrs. Jones will do an blood pressure monitoring, and yearly flu the University which featured Russian dance outstanding job as a Congressional Senior Cit- shots. The organization also renders services and music. The food for the evening was care- izen Intern. I want to congratulate her and ex- to people of all ages from providing day care fully prepared in Valentina's kitchen by her press my appreciation for her participation in to supporting youth and senior citizen cultural students and friends, but always under her this very important program. activities. Educational programs such as citi- watchful eye. Her home would be open each f zenship classes, language skills, and music New Years Eve for a Russian celebration of and dancing classes are also included in this one of the big holidays in Russia. On March HONORING HOWELL CARNEGIE 8th of each year, Valentina would again play LIBRARY multi-human service center. Enough cannot be said of the many services this organization host to a party in celebration of Womens Day, provides to the community. again an event of great importance in Russia. HON. DEBBIE STABENOW Several American men in the Bellingham Despite the lack of government funding and OF MICHIGAN area, including a member of my staff, have manpower, the organization has already en- IN THE HOUSE OF REPRESENTATIVES married Russian women, and Valentina was rolled more than 1,600 members and serves often of great help for these couples as they Wednesday, May 20, 1998 more than 150 people per day. In its efforts to worked to overcome cultural differences. She Mrs. STABENOW. Mr. Speaker, I am hon- improve the overall quality of life, the Brooklyn became a ``den mother'' of sorts to these ored to celebrate the Howell Carnegie Library, Chinese-American Association has maintained women that were so far from home and their which will receive a Michigan Historical Marker ties with their local elected and public officials. own mothers. Valentina was a very happy, on May 17, 1998. Through town meetings and voter registration caring person. The Howell library originated as the Ladies drives, the center has made efforts to increase Mr. Speaker, the citizens of both Bellingham Library Association in 1875. That year, the la- the political participation of the community. and Nakhodka have suffered a great loss with dies began offering books for lending. In 1902, This organization has truly evolved in a the passing of Valentina. She has started a this service grew to such lengths that a need short period of time to become integral to the wonderful program between these two cities, developed for a town library. With the financial community. Mr. Speaker, distinguished col- and has kept it going to the point that it will help of steel entrepreneur Andrew Carnegie, leagues, please join me in commemorating the continue to prosper without her. But to those Detroit architect Elijah E. Meyers, who in pre- efforts of the many who have struggled to that have already made friends across the vious years designed Michigan's Capital, de- make the Brooklyn Chinese-American Asso- vast Pacific or to those that will in the future, signed the Neoclassical library with fieldstones ciation what it is today. Let this organization a great deal of thanks is owed to Valentina collected throughout the country on land do- be held as a prime example of how much can Umanets. nated by the four sons of Howell pioneer Wil- be accomplished when citizens care enough Mr. Speaker, Valentina is survived by her liam McPherson. to make a change in their community. husband Eugene of Bellingham; her daughter May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E927 Erika of Sumas; her son Stanislav of Mrs. Jose Spiwak and Mr. and Mrs. Ike judges for the contest, art educators Robert Nakhodka and two grandchildren. Mr. Speak- Starkman for their innovative leadership of the Maguire, Marie Samuel and Rebecca Spoon, er, I wish to extend my condolences as well years. also deserve special recognition. as that of my staff to her family. She was The Talmud states ``He who does charity As you know Mr. Speaker, this contest is loved by many and will be missed by all. and justice is as if he had filled the whole held every year, after which the winner's paint- f world with kindness.'' In the spirit of these ings are proudly displayed in the United States words, these leaders have infused Israel and Capitol building. James' excellent work will be PERSONAL EXPLANATION Los Angeles with a sense of purpose and exhibited along with other paints from around pride. Through their work, they have upheld the country, and I am honored to represent HON. JIM RYUN the Judaic tradition of generosity and concern James and the other participants in the House OF KANSAS for others. Their exceptional leadership has of Representatives. IN THE HOUSE OF REPRESENTATIVES been instrumental in laying the foundation for It is wonderful to not only see the incredible a strong and cohesive Jewish community in talents our youth possess, but also to be a Wednesday, May 20, 1998 the City of Los Angeles. part of the exciting events which showcase Mr. RYUN. Mr. Speaker, I was unavoidably In August of 1897, over a century ago, the these talents. Mr. Speaker, please joint me in detained for several roll call votes yesterday. first Zionist Congress affirmed its aspiration to recognizing James and the finalists from the Had I been present, I would have voted no on form a Jewish homeland in the historic State 19th Congressional District Arts Competition. roll call votes 156, 157, 158, 159 and yes on of Israel. After the horrors of the Holocaust, in f roll call vote 160. which one-third of the Jewish population of the f world lost their lives, the Jewish people re- HIV/AIDS VACCINE AWARENESS turned to their ancient homeland and estab- DAY HEROES lished the State of Israel. Since the Nation's founding, over a million HON. JIM McDERMOTT HON. CASS BALLENGER Jews from throughout the world have sought OF WASHINGTON OF NORTH CAROLINA refuge in Israel. Over the last 50 years, Israel IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES has rebuilt a nation, maintained a pluralist de- Wednesday, May 20, 1998 Wednesday, May 20, 1998 mocracyÐthe only one in the Middle EastÐ and based that democracy on freedoms and Mr. McDERMOTT. Mr. Speaker, we are at Mr. BALLENGER. Mr. Speaker, I come to the rule of law. It has developed a thriving an important crossroad in the history of the the floor today to honor and thank the resi- economy and society, transforming the desert AIDS epidemic. Although dramatic new treat- dents of Bakersville, NC for their participation into a land of milk and honey. ments and improvements in care for people in a rescue that saved the life of a neighbor The State of Israel was formed in the face living with HIV, the virus that causes AIDS, and defined a true community. On Wednes- of tremendous adversity. Its survival has de- have offered new hope in the AIDS fight, the day, January 7, 1998, Joe Snyder, a resident pended upon the support and involvement of number of new infections continues to rise of the 10th district of North Carolina, suffered people such as these special leaders. I rise among adolescents, women, and minority a severe heart attack in his home. Meanwhile, today to congratulate these leaders along with communities. In fact, about half of new HIV in- the small town of Bakersville was experiencing the people of Israel on the 50th anniversary of fections occur in young people age 15±24Ð severe flooding caused by torrential rains, their rebirth and independence. our future generation. It is clear that the only which closed roads and stranded residents. f way to halt the continued spread of this dis- Despite the harsh weather, once neighbors ease is by developing an AIDS vaccine. and friends heard of Mr. Snyder's condition, CONGRATULATING JAMES ``Only a truly effective, preventive HIV vac- they worked together and successfully trans- MOSEMAN AND FINALISTS OF cine can limit and eventually eliminate the ported him to a medical clinic to get the atten- THE 19TH CONGRESSIONAL DIS- threat of AIDS . . . let us commit ourselves to tion he so desperately needed. Not just one TRICT ARTS COMPETITION developing an AIDS vaccine within the next neighbor or two friends, but many members of decade,'' President Clinton stated one year the community united to offer CPR, transpor- HON. GLENN POSHARD ago today. We are closer now than ever be- tation, and other support. OF ILLINOIS fore to developing a vaccine that prevents To the people who were present that day, IN THE HOUSE OF REPRESENTATIVES people from becoming infected with HIV. Re- who volunteered their support and aid, and cent scientific advances coupled with the dedi- Wednesday, May 20, 1998 who helped to turn a tragedy into triumph, I cation of thousands of volunteers suggests salute your determination and selflessness. As Mr. POSHARD. Mr. Speaker, I rise today to that the development of a vaccine is feasible. flood waters rose, conditions became ex- congratulate my constituent, James Moseman, The anniversary of President Clinton's commit- tremely perilous, and a friend was in need of who attends Marion High School and has won ment to this goal will be marked by the first a miracle, the community of Bakersville, NC, first place in the 19th Congressional District HIV/AIDS Vaccine Awareness Day, a national came together as neighbors to save a life. Arts Competition. James was also the winner day dedicated to informing people about the f of the People's Choice Award, along with vaccine initiative and its role in the fight Trenton Kessler of Stewardson-Strasburg High against the AIDS epidemic in our commu- TRIBUTE TO THE ISRAEL’S 50TH School. nities. Enormous challenges remain in our ef- GALA HONOREES I was very proud to be honorary chairman of fort to develop a safe and effective HIV/AIDS this distinguished event, which was held at vaccine, and we, as a community must seize HON. BRAD SHERMAN Eastwood's Art and Teacher Supply Store in this opportunity to meet these challenges. OF CALIFORNIA Marion. We had many outstanding contribu- Seattle has played an integral role in the de- IN THE HOUSE OF REPRESENTATIVES tions from high school students throughout the velopment of an AIDS vaccine. The AIDS Vac- district. All the entries displayed so much cine Evaluation Unit (AVEU) at the University Wednesday, May 20, 1998 beauty and potential, including finalists Sarah of Washington is one of only six centers in the Mr. SHERMAN. Mr. Speaker, I rise today to Thompson and Jill Zerrusen, both of U.S. funded by the National Institutes of pay tribute to an outstanding collection of indi- Teutopolis High School; Kristin Jankowicz of Health (NIH) to conduct AIDS vaccine testing. viduals for their unwavering commitment to the MacArthur High School in Decatur; Shannon Established 10 years ago, the AIDS Vaccine Jewish community in Los Angeles and their Gonzalez of Neoga High School; Ginnie Ge- Evaluation Unit has benefited immeasurably support of Israel throughout its 50 years. I sell of Benton High School; and Gabe McClel- from the dedicated participation of more than would like to take this opportunity to acknowl- lan and Candace Taylor, both of Marion High 650 community volunteers. edge Mr. and Mrs. Eric Alon, Ms. Lily School. The AVEU volunteers are critical to the pur- Artenstein, Mr. and Mrs. Mike Davidov, Mr. I would like to thank the steering committee suit of an AIDS vaccine for many reasons, and Mrs. Shimon Erem, Mr. and Mrs. Jona members for organizing the district competi- most notably the scientific and social chal- Goldrich, Mr. Jonathan Mitchel and Ms. Gal tion. Mary Jo Trimble of the Little Egypt Arts lenges this vaccine presents. Volunteers are Haas, Mr. and Mrs. Dan Sandel, Mr. and Mrs. Association and Cary Knoop, a retired Eastern between the ages of 18 and 60, HIV-negative, Yehochai Schneider, Mr. and Mrs. Mike Illinois University arts instructor, were instru- and in good health. These community volun- Shapow, Mr. and Mrs. Isaac Shepher, Dr. and mental in helping plan this special event. The teers have made a very personal commitment E928 CONGRESSIONAL RECORD — Extensions of Remarks May 20, 1998 to the pursuit of the AIDS vaccine by donating Thankfully, last year, the National Institute of AIDS vaccine a national and an international a great deal more than just their time. Al- Health's AIDS vaccine research budget was priority. though the vaccine does not infect the volun- increased by 17.5 percent, to a total of $153 Making the AIDS vaccine a reality will take teers with HIV, there is some risk. We are million. This year, the President has asked grateful to them, for they test the vaccine to Congress for another 17.5 percent increase to the continued commitment of the dedicated determine whether or not it is safe for you and $180 million. That means there has been an volunteers, researchers, government, and the me. 80 percent increase in AIDS vaccine funding public. The President said it best when, on The community participants in AVEU have since 1995. According to the National Infec- this day a year ago, he pledged, ``If America volunteered despite adverse social forces and tious and Allergy Disease Institute, there are commits to find an AIDS vaccine and we enlist scientific obstacles. Vaccine development has currently 23 vaccine candidates and 49 clinical others in our cause, we will do it.'' I would like been influenced by the expectations of the trials in the works. Nationwide, nearly 3,000 to join Governor Locke, Mayor Schell, and the public, media attention, and the interests of volunteers already have participated in stud- Seattle City Council in dedicating this day to pharmaceutical companies. With the publicity ies. the numerous vaccine volunteers in our com- surrounding the new treatments available for An AIDS vaccine is possible in our lifetime. munity, and thank them for what they have al- HIV, such as the triple drug combination, at- What we truly need is aggressive pursuit by lowed us to accomplish thus far. tention to HIV infection has waned. Such federal, state, and local governments with the drugs are indeed promising for people living committed support of the public. President Let us mobilize here in the community, as with the AIDS virus, but a vaccine is the only Clinton's AIDS vaccine initiative proclamation well as in the government, to push for what is effective way to prevent new cases of HIV/ was a good first step, but much more is need- on the horizonÐan end to AIDS as we know AIDS. ed. We must make the development of an it. May 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E929 SENATE COMMITTEE MEETINGS cies the authority and capability to ing on international demand reduction Title IV of Senate Resolution 4, manage effectively the federal lands in programs. accordance with the principles of mul- Room to be announced agreed to by the Senate on February 4, tiple use and sustained yield. 1977, calls for establishment of a sys- SD–366 JUNE 24 tem for a computerized schedule of all 9:30 a.m. meetings and hearings of Senate com- JUNE 10 mittees, subcommittees, joint commit- Indian Affairs 9:30 a.m. To hold hearings on S. 1771, to amend the tees, and committees of conference. Indian Affairs Colorado Ute Indian Water Rights Set- To hold oversight hearings on Bureau of This title requires all such committees tlement Act to provide for a final set- to notify the Office of the Senate Daily Indian Affairs school construction. SR–485 tlement of the claims of the Colorado Digest—designated by the Rules Com- Ute Indian Tribes, and S. 1899, ‘‘Chip- mittee—of the time, place, and purpose JUNE 11 pewa Cree Tribe of the Rocky boy’s of the meetings, when scheduled, and Reservation Indian Reserved Water any cancellations or changes in the 2:00 p.m. Energy and Natural Resources Rights Settlement Act of 1998’’. meetings as they occur. SR–485 As an additional procedure along Forests and Public Land Management Sub- committee with the computerization of this infor- To resume hearings on S. 1253, to provide JULY 21 mation, the Office of the Senate Daily to the Federal land management agen- 10:00 a.m. Digest will prepare this information for cies the authority and capability to Judiciary printing in the Extensions of Remarks manage effectively the federal lands in To hold oversight hearings to examine section of the CONGRESSIONAL RECORD accordance with the principles of mul- the Department of Justice’s implemen- on Monday and Wednesday of each tiple use and sustained yield. tation of the Violence Against Women week. SD–366 Act. Meetings scheduled for Thursday, SD–226 May 21, 1998, may be found in the Daily JUNE 12 Digest of today’s RECORD. 9:30 a.m. OCTOBER 6 Special on SPECIAL COMMITTEE ON THE 9:30 a.m. MEETINGS SCHEDULED YEAR 2000 TECHNOLOGY PROBLEM To hold hearings to examine how the Veterans’ Affairs To hold joint hearings with the House JUNE 3 Year 2000 computer conversion will af- Committee on Veterans Affairs on the 9:30 a.m. fect utilities and the national power grid. legislative recommendations of the Indian Affairs American Legion. To hold oversight hearings on tribal jus- SD–192 345 Cannon Building tice programs, focusing on the Depart- ment of Justice’s and Department of JUNE 16 the Interior’s Indian Country Law En- 10:00 a.m. forcement Initiative and other related Judiciary CANCELLATIONS tribal justice issues. To hold hearings to examine mergers and corporate consolidation. SR–485 MAY 21 SD–226 JUNE 4 9:30 a.m. Commerce, Science, and Transportation 2:00 p.m. JUNE 18 Energy and Natural Resources 2:00 p.m. To hold hearings to examine the content Forests and Public Land Management Sub- United States Senate Caucus on Inter- of certain music lyrics. committee national Narcotics Control SR–25 To resume hearings on S. 1253, to provide To hold hearings to examine United to the Federal land management agen- States efforts to combat drugs, focus- Wednesday, May 20, 1998 Daily Digest

HIGHLIGHTS House Committees ordered reported 14 sundry measures. Senate Gregg/Leahy Amendment No. 2434 (to Amend- Chamber Action ment No. 2420), in the nature of a substitute. Routine Proceedings, pages S5149–S5246 Pages S5194±S5202 Measures Introduced: Eleven bills were introduced, Senate will continue consideration of the bill and the amendments pending thereto on Thursday, May as follows: 2094–2104. Pages S5217±18 21, 1998. Measures Reported: Reports were made as follows: Child Support Performance and Incentive Act: S. Con. Res. 30, expressing the sense of the Con- Senate insisted on its amendments to H.R. 3130, to gress that the Republic of China should be admitted provide for an alternative penalty procedure for to multilateral economic institutions, including the States that fail to meet Federal child support data International Monetary Fund and the International processing requirements, to reform Federal incentive Bank for Reconstruction and Development. payments for effective child support performance, Page S5217 and to provide for a more flexible penalty procedure Universal Tobacco Settlement Act: Senate contin- for States that violate interjurisdictional adoption re- ued consideration of S. 1415, to reform and restruc- quirements, agreed to the request of the House for ture the processes by which tobacco products are a conference thereon, and the Chair appointed the manufactured, marketed, and distributed, to prevent following conferees: from the Committee on Finance: the use of tobacco products by minors, and to redress Senators Roth, Chafee, Grassley, Moynihan, and Bau- the adverse health effects of tobacco use, with a cus; and from the Committee on Labor and Human modified committee amendment in the nature of a Resources: Senators Jeffords, Coats, and Kennedy. substitute (Amendment No. 2420), taking action on Page S5245 amendments proposed thereto, as follows: Message From the President: Senate received the Pages S5149±S5215, S5245±46 following message from the President of the United Rejected: States: Kennedy/Lautenberg Amendment No. 2422 (to Transmitting the report of disapproval of the Dis- Amendment No. 2420), to modify those provisions trict of Columbia Student Opportunity Scholarship relating to revenues from payments made by partici- Act of 1998 (S. 1502). (PM–128) Page S5216 pating tobacco companies. (By 58 yeas to 30 nays, Messages From the President: Page S5216 one responding present (Vote No. 144), Senate ta- Messages From the House: Page S5217 bled the amendment.) Pages S5149±90 Ashcroft Modified Amendment No. 2427 (to Measures Referred: Page S5217 Amendment No. 2422), to strike those provisions Executive Reports of Committees: Page S5217 relating to consumer taxes. (By 72 yeas to 26 nays, Statements on Introduced Bills: Pages S5218±37 one responding present (Vote No. 143), Senate ta- Additional Cosponsors: Pages S5237±38 bled the amendment.) Pages S5151±88 Pending: Amendments Submitted: Pages S5238±40 Gregg/Leahy Amendment No. 2433 (to Amend- Authority for Committees: Page S5240 ment No. 2420), to modify the provisions relating Additional Statements: Pages S5240±44 to civil liability for tobacco manufacturers. Record Votes: Two record votes were taken today. Pages S5192±S5202 (Total—144) Pages S5188±90 D536 May 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D537 Adjournment: Senate convened at 9:30 a.m., and Wright, College of William and Mary School of Ma- adjourned at 8:25 p.m., until 9:30 a.m., on Thurs- rine Science/Virginia Institute of Marine Science, day, May 21, 1998. (For Senate’s program, see the Gloucester Point, Virginia; Nancy N. Rabalais, Lou- remarks of the Acting Majority Leader in today’s isiana Universities Marine Consortium, Chauvin; Record on page S5245.) JoAnn M. Burkholder, North Carolina State Univer- sity, Raleigh; and Michael Voisin, Motivatit Sea- Committee Meetings foods, Inc., Houma, Louisiana, on behalf of the Na- tional Fisheries Institute and the National Marine (Committees not listed did not meet) Manufacturers Association. APPROPRIATIONS—DEFENSE BUSINESS MEETING Committee on Appropriations: Subcommittee on Defense Committee on Energy and Natural Resources: Committee concluded hearings on proposed budget estimates for ordered favorably reported the following measures: fiscal year 1999 for the Department of Defense, fo- S. 1275, to implement further the Act (Public cusing on Army programs, after receiving testimony Law 94–241) approving the Covenant to Establish a from Robert M. Walker, Acting Secretary of the Commonwealth of the Northern Mariana Islands in Army; and Gen. Dennis J. Reimer, Chief of Army Political Union with the United States of America, Staff. with an amendment in the nature of a substitute; OSTEOPOROSIS PREVENTION and Committee on Appropriations: Subcommittee on Labor, S. 1693, to renew, reform, reinvigorate, and pro- Health and Human Services, Education, and Related tect the National Park System, with an amendment Agencies concluded hearings to examine issues relat- in the nature of a substitute. ing to the funding of osteoporosis prevention, edu- Also, committee began consideration of S. 624, to cation, and research, after receiving testimony from establish a competitive process for the awarding of Representative Morella; Stephen I. Katz, Director, concession contracts in units of the National Park National Institute of Arthritis and Musculoskeletal System, but did not complete action thereon, and re- and Skin Diseases, National Institutes of Health, De- cessed subject to call. partment of Health and Human Services; Judy A. Black, National Osteoporosis Foundation, Washing- RUSSIAN POLICY ton, D.C.; Dominic DiMaggio, The Paget Founda- Committee on Foreign Relations: Subcommittee on Eu- tion, New York, New York; Susan Burdick, Cam- ropean Affairs concluded hearings to examine Rus- bridge Springs, Pennsylvania; and Frederick R. Sing- sian and domestic policy issues and United States er, Santa Monica, California. policy toward Russia, after receiving testimony from HARMFUL ALGAL BLOOMS Stephen Sestanovich, Special Advisor to the Secretary of State for the New Independent States; Peter Committee on Commerce, Science, and Transportation: Sub- Reddaway, George Washington University, and Leon committee on Oceans and Fisheries concluded hear- Aron, American Enterprise Institute, both of Wash- ings to examine the scope of harmful algal blooms, ington, D.C.; Lauren B. Homer, Law and Liberty including pfiesteria, red tide, brown tide, and para- Trust, Vienna, Virginia; and Scott M. Blacklin, lytic shellfish poisoning, including hypoxia, a condi- American Chamber of Commerce, Moscow, Russia. tion related to harmful algal blooms, that has created a massive ‘‘dead zone’’ in the Gulf of Mexico, and UNITED NATIONS BUDGET S. 1480, to authorize funds for the National Oceanic and Atmospheric Administration to conduct re- Committee on Foreign Relations: Subcommittee on search, monitoring, education and management ac- International Operations concluded hearings to ex- tivities for the eradication and control of harmful amine the certification made by the Acting Secretary algal blooms, including blooms of Pfiesteria piscicida of State on May 4 regarding the budget of the and other aquatic toxins, after receiving testimony United Nations, after receiving testimony from from Terry D. Garcia, Assistant Secretary for Oceans Princeton N. Lyman, Assistant Secretary of State for and Atmosphere, and Donald Scavia, Senior Scientist, International Organization Affairs. both of the National Oceanic and Atmospheric Ad- ministration, Department of Commerce; Suzanne E. CHILD CUSTODY PROTECTION Schwartz, Acting Director, Oceans and Coastal Pro- Committee on the Judiciary: Committee concluded tection Division, Environmental Protection Agency; hearings on S. 1645, to prohibit taking minors Donald Anderson, Woods Hole Oceanographic Insti- across State lines to avoid laws requiring the involve- tution, Woods Hole, Massachusetts; L. Donelson ment of parents in abortion decisions, after receiving D538 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1998 testimony from Representative Ros-Lehtinen; Penn- James Bauer, Deputy Assistant Director, Office of sylvania Attorney General D. Michael Fisher, Harris- Investigations, United States Secret Service, Depart- burg; Eileen Roberts, Mothers Against Minors’ ment of the Treasury; David Medine, Associate Di- Abortions, Fredricksburg, Virginia; Renee Jenkins, rector for Credit Practices, Bureau of Consumer Pro- Howard University College of Medicine, Washing- tection, Federal Trade Commission; Robert Hartle, ton, on behalf of the Society for Adolescent Medicine Phoenix, Arizona; and Mari J. Frank, Laguna Niguel, Advocates for Youth; D.C.; John C. Harrison, Uni- California. versity of Virginia, Charlottesville; Joyce Farley, Duschore, Pennsylvania; and Bill Bell, Zionsville, In- BUSINESS MEETING diana. Committee on Indian Affairs: Committee ordered favor- IDENTITY FRAUD ably reported S. 2069, to permit the leasing of min- Committee on the Judiciary: Subcommittee on Tech- eral rights, in any case in which the Indian owners nology, Terrorism, and Government Information of an allotment that is located within the boundaries concluded hearings on S. 512, to amend the Federal of the Fort Berthold Indian Reservation in North criminal code to provide penalties against any person Dakota and held in trust by the United States have who knowingly, and with intent to deceive or de- executed leases to more than 50 percent of the min- fraud, obtains, uses, or attempts to obtain or use one eral estate of that allotment, with an amendment in or more means of identification other than that law- the nature of a substitute. fully issued to such person, authorizes the U.S. Se- Also, committee began markup of S. 1691, to cret Service to investigate such offenses, directs the provide for Indian legal reform, but did not com- U.S. Sentencing Commission to provide sentencing plete action thereon, and recessed subject to call. enhancements in connection with such offenses in re- lation to the number of victims involved, and pro- ORGANIZATIONAL MEETING vides forfeiture and restitution requirements with re- Special Committee on the Year 2000 Technology Problem: spect to such offense, after receiving testimony from Committee met and adopted its rules of procedure. h House of Representatives ties of the Department of Defense, to prescribe mili- Chamber Action tary personnel strengths for fiscal year 1999. The Bills Introduced: 20 public bills, H.R. 3904–3923; House completed general debate on May 19. Further and 1 private bill, H.R. 3924, were introduced. consideration of the bill will resume on Thursday, Pages H3623±24 May 21. Pages H3505±84 Reports Filed: Reports were filed as follows: Agreed To: H. Res. 442, providing for consideration of H.J. The Spence amendment that expresses the sense of Res. 119, proposing an amendment to the Constitu- Congress that U.S. business interests must not be tion of the United States to limit campaign spend- placed above U.S. national security interests and that ing, and for consideration of H.R. 2183, to amend the United States should not enter into new agree- the Federal Election Campaign Act of 1971 to re- ments with the People’s Republic of China (PRC) form the financing of campaigns for elections for involving space or missile-related technology or in- Federal office (H. Rept. 105–545). Page H3623 crease the number of military-to-military contacts; Speaker Pro Tempore: Read a letter from the that the executive branch should ensure that U.S. Speaker wherein he designated Representative Shaw law regarding the export of satellites to the PRC is enforced and the relevant criminal investigation pro- to act as Speaker pro tempore for today. Page H3491 ceeds with all due dispatch; and that the President Guest Chaplain: The prayer was offered by the should indefinitely suspend the export of satellites of guest Chaplain, the Rev. Scott Rambo of Sugar U.S. origin to China (agreed to by a recorded vote Land, Texas. Page H3491 of 417 ayes to 4 noes, Roll No. 167); DOD Authorization: The House began consider- Pages H3560±61, H3565±66 ation of amendments to H.R. 3616, to authorize ap- The Bereuter amendment that prohibits any propriations for fiscal year 1999 for military activi- United States participation in the investigation of a May 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D539 Peoples Republic of China launch failure of a sat- grams by yea and nay vote of 422 yeas with none ellite of U.S. origin (agreed to by a recorded vote of voting ‘‘nay’’, Roll No. 174. Pages H3584±90 414 ayes to 7 noes, Roll No. 168); BESTEA—Motions to Instruct Conferees: Rep- Pages H3561±63, H3566±67 resentative Minge and Representative Obey notified The Hefley amendment that prohibits the export the House of their intention to offer motions on of missile equipment or missile related technology to Thursday, May 21, to instruct House conferees on China (agreed to by a recorded vote of 412 ayes to H.R. 2400, Building Efficient Surface Transpor- 6 noes, Roll No. 169); Pages H3563±64, H3567 tation and Equity Act. Pages H3584, H3589 The Hunter amendment that prohibits the export and reexport of satellites, including commercial sat- Senate Messages: Message received from the Senate ellites and satellite components, of U.S. origin to the today appears on page H3491. People’s Republic of China (agreed to by a recorded Amendments: Amendments ordered printed pursu- vote of 364 ayes to 54 noes, Roll No. 170); ant to the rule appear on page H3625. Pages H3564±65, H3567±68 Quorum Calls—Votes: Two yea and nay votes and The Gilman amendment that prohibits any pro- eight recorded votes developed during the proceed- curement, training, or operation and maintenance re- ings of the House today and appear on pages strictions on U.S. Armed Forces under the Kyoto H3503–04, H3504–05, H3565–66, H3566–67, Protocol to the United Nations Framework Conven- tion on Climate Change (agreed to by a recorded H3567, H3567–68, H3581, H3581–82, H3583, vote of 420 ayes with none voting ‘‘no’’ and 1 vot- and H3590. There were no quorum calls. ing ‘‘present’’, Roll No. 172); and Adjournment: Met at 10:00 a.m. and adjourned at Pages H3574±77, H3582±83 10:06 p.m. The Hefley amendment that prohibits DOD fund- ing to assign or detail any member of the Armed Committee Meetings Forces for duty with the United Nations Rapidly Deployable Mission Headquarters, or any similar PLANT PROTECTION ACT U.N. military operations headquarters (agreed to by Committee on Agriculture: Subcommittee on Depart- a recorded vote of 250 ayes to 172 noes, Roll No. ment Operations, Nutrition, and Foreign Agriculture 173). Pages H3577±81, H3583 held a hearing on H.R. 3766, Plant Protection Act. Rejected: Testimony was heard from Craig Reed, Acting Ad- The Lowey amendment that sought to repeal pro- ministrator, Animal and Plant Health Inspection visions of current law that prohibit privately funded Service, USDA; and public witnesses. abortions for female members of the armed forces and dependents at DOD facilities overseas (rejected HAZARD ANALYSIS AND CRITICAL by a recorded vote of 190 ayes to 232 noes, Roll No. CONTROL POINT REGULATORY 171). Pages H3568±74, H3581±82 REQUIREMENTS IMPLEMENTATION H. Res. 441, the rule that is providing for the Committee on Agriculture: Subcommittee on Livestock, further consideration on the bill, was agreed to ear- Dairy, and Poultry held a hearing on the implemen- lier by a recorded vote of 304 ayes to 108 noes, Roll tation of Hazard Analysis and Critical Control Point No. 166. Agreed to order the previous question by (HACCP) regulatory requirements. Testimony was yea and nay vote of 281 yeas to 134 nays, Roll No. heard from Thomas Billy, Administrator, Food Safe- 165. Pages H3495±H3505 ty and Inspection Service, USDA. Earlier, agreed by unanimous consent, that the Taylor of Mississippi and Everett amendments shall LABOR-HHS-EDUCATION be deemed to have been included as the last amend- APPROPRIATIONS ments printed in part D of H. Rept. 105–544, the Committee on Appropriations: Subcommittee on Labor, report of the Committee on Rules accompanying the Health and Human Services, and Education held a rule. Page H3500 hearing on Nobel Laureate. Testimony was heard BESTEA—Motion to Instruct Conferees: Agreed from the following past recipients of the Nobel to the Obey motion to instruct House conferees on Prize: Stanley Prusiner; Peter Doherty; David Balti- H.R. 2400, Building Efficient Surface Transpor- more; Joshua Lederberg; Alfred Gilman; and Steven tation and Equity Act, to insist that no provisions Chu. to prohibit or reduce service-connected disability compensation to veterans for smoking-related ill- BUDGET RESOLUTION nesses be included in the conference report on H.R. Committee on the Budget: Began markup of the Budget 2400 to offset spending for highway or transit pro- Resolution for Fiscal year 1999. D540 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1998 BIOMETRICS AND THE FUTURE OF MONEY Control, World Health Organization; and public Committee on Banking and Financial Services: Sub- witnesses. committee on Domestic and International Monetary AFRICA—ANTI-CORRUPTION EFFORTS Policy held a hearing on Biometrics and the Future of Money. Testimony was heard from public wit- Committee on International Relations: Subcommittee on nesses. Africa held a hearing on Anti-Corruption Efforts in Africa. Testimony was heard from Carol Peasley, ENERGY DEPARTMENT NUCLEAR Acting Administrator, Africa, AID, U.S. Inter- FACILITIES—EXTERNAL REGULATION national Development Cooperation Agency; and pub- Committee on Commerce: Subcommittee on Energy and lic witnesses. Power held a hearing on External Regulation of De- U.S-TAIWAN RELATIONS partment of Energy Nuclear Facilities. Testimony was heard from Elizabeth Moler, Deputy Secretary, Committee on International Relations: Subcommittee on Department of Energy; and the following officials of Asia and the Pacific held a hearing on U.S.-Taiwan the NRC: Shirley Ann Jackson, Chairman; Greta Joy Relations. Testimony was heard from Susan Shirk, Dicus, Nils J. Diaz and Edward McGaffigan, Jr., all Deputy Assistant Secretary, East Asian and Pacific Commissioners. Affairs, Department of State; Kurt Campbell, Dep- uty Assistant Secretary, Asian and Pacific Affairs, AUTO CHOICE REFORM ACT Department of Defense; and public witnesses. Committee on Commerce: Subcommittee on Finance and MISCELLANEOUS MEASURES Hazardous Materials held a hearing on H.R. 2021, Auto Choice Reform Act of 1997. Testimony was Committee on the Judiciary: Ordered reported the fol- heard from Senator McConnell; Representatives lowing bills: H.R. 3736, amended, Workforce Im- Armey and Moran of Virginia; and public witnesses. provement and Protection Act of 1998; and H.R. 3633, Controlled Substances Trafficking Prohibition AMERICAN WORKER PROJECT Act. Committee on Education and the Workforce: Subcommit- tee on Oversight and Investigations continued hear- MISCELLANEOUS MEASURES; COMMITTEE ings on American Worker Project: Innovative Work- REPORT—BLM MINING REGULATIONS places for the Future. Testimony was heard from Committee on Resources: Ordered reported the following public witnesses. bills: H.R. 1154, amended, Indian Federal Recogni- tion Administrative Procedures Act of 1997; H.R. KYOTO PROTOCOL 1635, amended, National Underground Railroad Committee on Government Reform and Oversight: Sub- Network to Freedom Act of 1997; H.R. 1865, Span- committee on National Economic Growth, Natural ish Peaks Wilderness Act of 1997; H.R. 2411, Resources, and Regulatory Affairs continued hearings amended, to provide for a land exchange involving on ‘‘The Kyoto Protocol: Is the Clinton-Gore Ad- the Cape Cod National Seashore and to extend the ministration Selling Out Americans? Part III’’. Tes- authority for the Cape Cod National Seashore Advi- timony was heard from Cecil Underwood, Governor, sory Commission; H.R. 2538, amended, Guadalupe- State of West Virginia; Scott Orr, Representative, Hidalgo Treaty Land Claims Act of 1997; H.R. State of Montana; and Daniel Canan, Mayor, Muncie, 2742, amended, California Indian Land Transfer Act; State of Indiana. H.R. 2795, amended, Irrigation Project Contract Ex- tension Act of 1997; H.R. 2812, Unrecognized SIX INFECTIOUS DISEASES—ERADICATION Southeast Alaska Native Communities Recognition AND ELIMINATION Act; H.R. 3267, amended, Sonny Bono Memorial Committee on International Relations: Held a hearing on Salton Sea Reclamation Act; H.R. 3520, to adjust Eradication and Elimination of Six Infectious Dis- the boundaries of the Lake Chelan National Recre- eases. Testimony was heard from Ben Nelson, Direc- ation Area and the adjacent Wenatchee National tor, International Relations and Trade, National Se- Forest in the State of Washington; H.R. 3796, to curity and International Affairs Division, GAO; authorize the Secretary of Agriculture to convey the Claire Broome, M.D., Acting Director, Centers for administrative site for the Rogue River National Disease Control, Department of Health and Human Forest and use the proceeds for the construction or Services; Nils Daulaire, Senior Health Advisor, AID, improvement of offices and support buildings for the U.S. International Development Cooperation Agency; Rogue River National Forest and the Bureau of Land David L. Heymann, Director, Division of Emerging Management; and H.R. 3797, Wyandotte Tribe Set- and Other Communicable Diseases. Surveillance and tlement Act of 1998. May 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D541 The Committee also approved a Committee Re- the Committee of the Whole to postpone votes dur- port on Mining Regulations promulgated by the Bu- ing consideration of the bill, and to reduce voting reau of Land Management. time to five minutes on a postponed question if the vote follows a fifteen minute vote. Finally, the rule BIPARTISAN CAMPAIGN INTEGRITY ACT provides for one motion to recommit with or with- CONSTITUTIONAL AMENDMENT TO LIMIT out instructions. Testimony was heard from Chair- CAMPAIGN SPENDING man Thomas and Representatives DeLay, Shays, Fa- Committee on Rules: Granted, by voice vote, an open well, Goodlatte, Horn, Smith of Michigan, Bass, rule providing for consideration of H.J. Res. 119, Campbell, Fossella, Hutchinson, Snowbarger, Constitutional Amendment to Limit Campaign Gejdenson, Obey, Stenholm, Kaptur, Traficant, Spending, with one hour of general debate equally Slaughter, Maloney of New York, Meehan, Farr, divided between Representative DeLay and a Mem- Allen and Capps. ber in favor of the joint resolution. The rule provides that the joint resolution shall be considered as read. OVERSIGHT—EPA’S RULE ON PAINTS AND The rule authorizes the Chair to accord priority in COATINGS recognition to Members who have pre-printed their amendments in the Congressional Record. The rule Committee on Science: Subcommittee on Energy and allows for the Chairman of the Committee of the Environment held an oversight hearing on EPA’s Whole to postpone votes during consideration of the Rule on Paints and Coatings: Has EPA met the Re- bill, and to reduce voting time to five minutes on search Requirements of the Clean Air Act? Testi- a postponed question if the vote follows a fifteen mony was heard from Robert Brenner, Acting Dep- minute vote. The rule provides one motion to re- uty Assistant Administrator, Office of Air and Radi- commit with or without instructions. The rule also ation, EPA; and public witnesses. provides for consideration of H.R. 2183, Bipartisan Campaign Integrity Act of 1997, under a modified SBA’S PROGRAMS TO ASSIST VETERANS open amending process any time after adoption of Committee on Small Business: Subcommittee on Gov- the rule. The rule provides two hours of general de- ernment Programs and Oversight and the Sub- bate, equally divided between the chairman and committee on Benefits of the Committee on Veter- ranking minority member of the Committee on House Oversight. The rule provides for consideration ans’ Affairs held a joint hearing on the SBA’s Pro- of the amendments in the nature of a substitute grams to Assist Veterans. Testimony was heard from specified in the Rules Committee report accompany- Clifton Toulson, Jr., Assistant Administrator, Veter- ing this resolution. The rule provides that each ans Affairs, SBA; and public witnesses. amendment in the nature of a substitute may be of- fered only in the order specified, may be offered only FEDERAL RAILROAD ADMINISTRATION by the Member who caused it to be printed in the REAUTHORIZATION Congressional Record or his designee, shall be con- Committee on Transportation and Infrastructure: Sub- sidered as read, and shall not be subject to a sub- committee on Railroads held a hearing on Federal stitute amendment or to a perfecting amendment Railroad Administration Reauthorization: Regulatory carrying a tax or tariff measure. The rule waives all Process. Testimony was heard from Donald M. points of order against the amendments in the na- Itzkoff, Deputy Administrator, Federal Railroad Ad- ture of a substitute. The rule provides one hour of ministration, Department of Transportation; Phyllis general debate at the beginning of consideration of F. Scheinberg, Associate Director, Transportation each of the amendments in the nature of a sub- Issues, Resources, Community, and Economic Devel- stitute, which shall be equally divided and controlled opment Division, GAO; and public witnesses. by the Member who caused it to be printed in the Congressional Record or his designee and an oppo- DISASTER MITIGATION ACT; SMALL nent. The rule authorizes the Chair to accord priority WATERSHED PROJECTS in recognition to Members who have pre-printed their amendments to the amendments in the nature Committee on Transportation and Infrastructure: Sub- of a substitute in the Congressional Record. The rule committee on Water Resources and Environment ap- provides that if more than one amendment in the proved for full Committee action amended H.R. nature of a substitute is adopted, then only the one 3869, Disaster Mitigation Act of 1998. receiving the greater number of affirmative votes The Subcommittee also approved for full Commit- shall be considered as finally adopted and reported tee action 2 Natural Resources Conservation Service to the House. The rule allows for the Chairman of Small Watershed Projects. D542 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1998 WHISTLEBLOWER Committee on the Judiciary, business meeting, to consider pending calendar business, 10 a.m., SD–226. Permanent Select Committee on Intelligence: Met in execu- Committee on Labor and Human Resources, to hold hear- tive session to hold a hearing on Whistleblower. ings on genetic information issues, 10 a.m., SD–430. Testimony was heard from departmental witnesses. Committee on Indian Affairs, to hold oversight hearings on addressing the unmet health care needs in Indian country, 1 p.m., SD–106. Joint Meetings Select Committee on Intelligence, to hold hearings on the U.S. INTELLIGENCE OPERATIONS nomination of Joan Avalyn Dempsey, of Virginia, to be Deputy Director of Central Intelligence for Community Joint Economic Committee: Committee concluded hear- Management, 11 a.m., room to be announced. ings to examine the current state of intelligence op- erations in the United States, focusing on Russian NOTICE radio frequency technology, Russia’s offensive bio- For a listing of Senate committee meetings sched- logical weapons program, and Chinese intelligence uled ahead, see page E929 in today’s Record. operations, after receiving testimony from Victor I. Sheymov, ComShield Corporation, Washington, House D.C., former KGB Eighth Chief Directorate; Ken- Committee on Agriculture, hearing to review U.S. Agri- neth Alibek, Arlington, Virginia, former First Dep- culture, the Asian Financial Crisis, and the International uty of the Soviet Union’s Offensive Biological War- Monetary Fund, 10:30 a.m., 1300 Longworth. fare Program; Nicholas Eftimiades, Chinese Intel- Committee on Commerce, Subcommittee on Telecommuni- ligence Operations, Silver Spring, Maryland; and cations, Trade, and Consumer Protection, hearing on Brian Fairchild, Brian P. Fairchild and Associates, Electronic Commerce: Doing Business On-Line, 10 a.m., Seattle, Washington, former Staff Operations Officer, 2123 Rayburn. Central Intelligence Agency’s Directorate of Oper- Committee on Education and the Workforce, Subcommittee ations. on Early Childhood, Youth and Families, to markup the following measures: H. Res. 401, expressing the sense of f the House of Representatives that social promotion in COMMITTEE MEETINGS FOR THURSDAY, America’s schools should be ended and can be ended MAY 21, 1998 through the use of high-quality, proven programs and practices; H. Res. 399, urging the Congress and the (Committee meetings are open unless otherwise indicated) President to work to fully fund the Federal Government’s obligation under the Individuals with Disabilities Edu- Senate cation Act; H.R. 3254, IDEA Technical Amendments Committee on Energy and Natural Resources, to hold joint Act of 1998; H.R. 3871, to amend the National School hearings with the Committee on Foreign Relations, to ex- Lunch Act to provide children with increased access to amine the status of Iraqi sanctions, 10 a.m., SD–419. food and nutrition assistance during the summer months; Subcommittee on Energy Research and Development, H.R. 3874, WIC Reauthorization Amendments of 1998; Production and Regulation, to hold hearings on S. 1141, and H.R. 3892, English Language Fluency Act, 10 a.m., to amend the Energy Policy Act of 1992 to take into ac- 2175 Rayburn. count newly developed renewable energy-based fuels and Committee on Government Reform and Oversight, to con- to equalize alternative fuel vehicle acquisition incentives sider the following: H.R. 3630, to redesignate the facility to increase the flexibility of controlled fleet owners and of the United States Postal Service located at 9719 operators, and S. 1418, to promote the research, identi- Candelaria Road, NE, in Albuquerque, New Mexico, as fication, assessment, exploration, and development of the ‘‘Steven Schiff Post Office’’; H.R. 3808, to designate methane hydrate resources, 2 p.m., SD–366. the United States Post Office located at 47526 Clipper Committee on Environment and Public Works, business Drive in Plymouth, Michigan, as the ‘‘Carl D. Pursell meeting, to consider pending calendar business, 9:30 Post Office’’; H.R. 2798, to redesignate the building of a.m., SD–406. the United States Postal Service located at 2419 West Committee on Foreign Relations, to hold joint hearings Monroe Street, in Chicago, Illinois, as the ‘‘Nancy B. Jef- with the Committee on Energy and Natural Resources, to ferson Post Office Building’’; H.R. 2799, to redesignate examine the status of Iraqi sanctions, 10 a.m., SD–419. the building of the United States Postal Service located Full Committee, to hold hearings on the nomination at 324 South Laramie Street, in Chicago, Illinois, as the of Jeffrey Davidow, of Virginia, to be Ambassador to ‘‘Reverend Milton R. Brunson Post Office Building’’; Mexico, 2 p.m., SD–419. H.R. 1704, Congressional Office of Regulatory Analysis Committee on Governmental Affairs, Subcommittee on Creation Act; pending Committee business; and release of International Security, Proliferation and Federal Services, depositions, 10 a.m., 2154 Rayburn. to hold hearings to examine the benefits of commercial Subcommittee on Census, hearing on Oversight of the space launch for foreign satellite and Intercontinental Bal- 2000 Census: Reviewing the Long and Short Form Ques- listic Missiles (ICBM) programs, 10 a.m., SD–342. tionnaires, 1:30 p.m., 2247 Rayburn. May 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D543

Committee on International Relations, Subcommittee on ing the location of a Martin Luther King, Jr. Memorial Asia and the Pacific, to mark up H. Con. Res. 270, ac- in the Nation’s Capitol; H.R. 1042, to amend the Illinois knowledging the positive role of Taiwan in the current and Michigan Canal Heritage Corridor Act of 1984 to ex- Asian financial crisis and affirming the support of the tend the Illinois and Michigan Canal Heritage Corridor American people for peace and stability on the Taiwan Commission; H.R. 1894, to reauthorize the Delaware Strait and security for Taiwan’s democracy, 2 p.m., 2200 Water Gap National Recreation Area Citizen Advisory Rayburn. Commission for 10 additional years; H.R. 2223, Edu- Subcommittee on International Economic Policy and cation Land Grant Act; H.R. 2776, to amend the Act en- Trade, hearing on Intellectual Property Rights: the Music titled ‘‘An Act to provide for the establishment of the and Film, 1 p.m., 2172 Rayburn. Morristown National Historical Park in the State of New Committee on the Judiciary, hearing on the following Jersey, and for other purposes’’ to authorize the acquisi- bills: H.R. 2448, to provide protection from personal in- tion of property known as the Warren property; H.R. trusion; and H.R. 3224, Privacy Protection Act of 1998, 2993, to provide for the collection of fees for the making 9 a.m., 2141 Rayburn. of motion pictures, television productions, and sound Subcommittee on the Constitution, hearing on H.R. 3682, Child Custody Protection Act, 10 a.m., 2226 Ray- tracks in National Park System and National Wildlife burn. Refuge System units; and H.R. 3047, to authorize expan- Subcommittee on Courts and Intellectual Property, sion of Fort Davis National Historic Site in Fort Davis, oversight hearing on issues in trademark protection and Texas, by 16 acres, 10 a.m., 1324 Longworth. the impact of regulatory delay on patents; and to hold a Committee on Science, Subcommittee on Basic Research hearing on the following: H.R. 3891, Trademark and the Subcommittee on Energy and Environment, joint Anticounterfeiting Act of 1998; and H.R. 3119, to oversight hearing on External Regulation of DOE Labs: amend the Trademark Act of 1946 with respect to the Status of OSHA and NRC Pilot Programs, 10 a.m., 2318 dilution of famous marks, 2 p.m., 2237 Rayburn. Rayburn. Subcommittee on Immigration and Claims, to consider Subcommittee on Space and Aeronautics, oversight subpoenas of witnesses; and to hold an oversight hearing hearing on Asteroids: Perils and Opportunities, 2:30 on Alternative Proposals to Restructure the Immigration p.m., 2318 Rayburn. and Naturalization Service, 9:00 a.m., 2237 Rayburn. Committee on Small Business, Subcommittee on Em- Committee on Resources, Subcommittee on Energy and powerment, hearing on entrepreneurial education, 10 Mineral Resources, to continue hearings on H.R. 3334, a.m., 2360 Rayburn. Royalty Enhancement Act of 1998, (Part II), 1 p.m., Committee on Ways and Means, Subcommittee on Social 1334 Longworth. Security, to continue hearings on the Future of Social Se- Subcommittee on National Parks and Public Lands, to curity for this Generation and the Next, 10 a.m., B–318 mark up the following measures: H.J. Res. 113, approv- Rayburn. D544 CONGRESSIONAL RECORD — DAILY DIGEST May 20, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 21 10 a.m. Thursday, May 21

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H. Res. 436, ation of S. 1415, Universal Tobacco Settlement Act. making in order H. Res. 432, expressing the Sense of the House of Representatives Concerning the President’s As- sertions of Executive Privilege and H. Res. 433, calling upon the President of the United States to Urge Full Co- operation by his Former Political Appointees and Friends and their Associates with Congressional Investigations. Complete Consideration of H.R. 3616, National De- fense Authorization Act for Fiscal Year 1999 (structured rule); and Consideration of H.R. 2183, Bipartisan Campaign In- tegrity Act of 1997 (modified open rule, 2 hours of gen- eral debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E925 Roemer, Tim, Ind., E923 Hoyer, Steny H., Md., E922 Rogan, James E., Calif., E924 Abercrombie, Neil, Hawaii, E916 Johnson, Sam, Tex., E910, E915 Ryun, Jim, Kans., E927 Armey, Richard K., Tex., E910 Kennedy, Patrick J., R.I., E924 Schumer, Charles E., N.Y., E924 Ballenger, Cass, N.C., E927 Lampson, Nick, Tex., E913 Sherman, Brad, Calif., E927 Barrett, Bill, Nebr., E906 Lantos, Tom, Calif., E919 Shimkus, John, Ill., E923 Bentsen, Ken, Tex., E920 McDermott, Jim, Wash., E927 Skeen, Joe, N.M., E905 Berry, Marion, Ark., E906 Markey, Edward J., Mass., E917 Skelton, Ike, Mo., E923 Bliley, Tom, Va., E906, E908 Metcalf, Jack, Wash., E926 Snowbarger, Vince, Kans., E916 Callahan, Sonny, Ala., E918 Nethercutt, George R., Jr., Wash., E905, E912 Stabenow, Debbie, Mich., E926 Clyburn, James E., S.C., E907 Norton, Eleanor Holmes, D.C., E921 Stokes, Louis, Ohio, E925 Coyne, William J., Pa., E906, E912 Packard, Ron, Calif., E925 Strickland, Ted, Ohio, E922 Eshoo, Anna G., Calif., E920 Pelosi, Nancy, Calif., E907 Tauscher, Ellen O., Calif., E918 Farr, Sam, Calif., E920 Portman, Rob, Ohio, E905, E913 Torres, Esteban Edward, Calif., E922 Frelinghuysen, Rodney P., N.J., E905, E913, E916 Poshard, Glenn, Ill., E927 Vela´ zquez, Nydia M., N.Y., E926 Frost, Martin, Tex., E922 Radanovich, George P., Calif., E906, E909 Young, C.W. Bill, Fla., E914 Gejdenson, Sam, Conn., E917 Riggs, Frank, Calif., E919 Gilman, Benjamin A., N.Y., E918 Rodriguez, Ciro D., Tex., E916

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