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, FEBRUARY 11, 1998 No. 10 House of Representatives The House met at 3 p.m. and was PLEDGE OF ALLEGIANCE Speaker’s appointment of the following called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the Members of the House to the National pore (Mr. UPTON). gentleman from Illinois (Mr. GUTIER- Council on the Arts. f REZ) come forward and lead the House Mr. DOOLITTLE of California and Mr. BALLENGER of North Carolina. DESIGNATION OF THE SPEAKER in the Pledge of Allegiance. There was no objection PRO TEMPORE Mr. GUTIERREZ led the Pledge of Allegiance as follows: f The SPEAKER pro tempore laid be- fore the House the following commu- I pledge allegiance to the Flag of the APPOINTMENT AS MEMBER OF AD- United States of America, and to the Repub- nication from the Speaker: VISORY COMMITTEE ON STU- lic for which it stands, one nation under God, DENT FINANCIAL ASSISTANCE WASHINGTON, DC, indivisible, with liberty and justice for all. February 11, 1998. The SPEAKER pro tempore. Without f I hereby designate the Honorable FRED objection, and pursuant to the provi- UPTON to act as Speaker pro tempore on this APPOINTMENT AS MEMBERS TO sions of section 491 of the Higher Edu- day. CENSUS MONITORING BOARD cation Act, as amended by section 407 NEWT GINGRICH, of Public Law 99–498, the Chair an- Speaker of the House of Representatives. The SPEAKER pro tempore. Without nounces the Speaker’s appointment of f objection, and pursuant to the provi- the following Member on the part of PRAYER sions of section 210(c)(1) of Public Law 105–119, the Chair announces the the House to the Advisory Committee The Chaplain, Reverend James David Speaker’s appointment of the following on Student Financial Assistance for a Ford, D.D., offered the following pray- individuals on the part of the House to 3-year term. er: the Census Monitoring Board: Mr. Henry Gibbons of Missouri. With gratitude and humility, with Mr. J. Kenneth Blackwell of Ohio and There was no objection. praise and appreciation, we offer our Mr. David W. Murray of Virginia. f words of thanksgiving, O God, and seek There was no objection. TRIBUTE TO DONNA WEINBRECHT Your blessings upon us and what we do. Most earnestly this day we pray for f (Mrs. ROUKEMA asked and was those in this assembly to whom great APPOINTMENT AS MEMBERS TO given permission to address the House responsibility has been given and from COMMISSION ON MAINTAINING for 1 minute and to revise and extend whom the critical decisions must UNITED STATES NUCLEAR her remarks.) come. For wisdom in the right use of WEAPONS EXPERTISE Mrs. ROUKEMA. Mr. Speaker, I rise power, we pray; for insight into the se- enthusiastically on behalf of the The SPEAKER pro tempore. Without rious judgments that must be made for United States Congress and the people objection, and pursuant to the provi- the welfare of all people, we pray; for of New Jersey to congratulate the sions of section 3162(b) of Public Law discernment and knowledge in the Olympic legend, Donna Weinbrecht of 104–201, the Chair announces the search for peace in our world, we offer West Milford, New Jersey. Donna has Speaker’s appointment of the following our petitions and our hopes. been the foundation of the U.S. free- May Your abiding presence, O God, Members on the part of the House to style team for 11 years, and over her encourage us in all things, so that jus- the Commission on Maintaining United career she has won an Olympic gold tice rolls down as water and righteous- States Nuclear Weapons Expertise: medal, seven U.S. titles and 5 World ness like an ever-flowing stream. Mr. Robert B. Barker of California Cup championships. These champion- Amen. and Mr. Roland F. Herbst of California. ship performances are what has earned There was no objection. f her the international reputation as the f Queen of the Moguls. THE JOURNAL But Donna Weinbrecht is more than The SPEAKER pro tempore. The APPOINTMENT OF MEMBERS TO the winningest skier in U.S. history. Chair has examined the Journal of the NATIONAL COUNCIL ON THE ARTS She is a mentor and road model for our last day’s proceedings and announces The SPEAKER pro tempore. Without young people and a credit to our Na- to the House his approval thereof. objection, and pursuant to the provi- tion for the excellence in all she does. Pursuant to clause 1, rule I, the Jour- sions of section 955(b)(1)(B) of Public This young woman from New Jersey is nal stands approved. Law 105–83, the Chair announces the an inspiration to both athletes and

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.

H387 H388 CONGRESSIONAL RECORD — HOUSE February 11, 1998 non-athletes alike. Her sterling char- gent in granting their earned right to bother the GOP when the rights of mil- acter, hard work, unending dedication self-determination? lions of American voters are at stake. and thorough mastery of her sport has I urge Members to support H.R. 856. Maybe they will think differently if made her a role model for young people f their rights are at stake, at risk, and across the Nation. their character under attack. PRESIDENT’S BUDGET AN AF- But her impact on her sport goes be- f yond trophies and honors. She has also FRONT TO AMERICAN TAX- served as a sports goodwill ambassador, PAYERS ACCURACY IN CAMPUS CRIME and has brought the energetic pro- (Mr. HEFLEY asked and was given REPORTING ACT motion of freestyle skiing, or the permission to address the House for 1 (Mr. DUNCAN asked and was given ‘‘bumps,’’ as they are known, to Olym- minute and to revise and extend his re- permission to address the House for 1 pians all around the world. marks.) minute and to revise and extend his re- Carolyn and Jim Weinbrecht, her Mr. HEFLEY. Mr. Speaker, there are marks.) parents, had to stay home this time be- many reasons that I oppose the Presi- Mr. DUNCAN. Mr. Speaker, 2 days cause of illness, but her brother and dent’s recently submitted budget re- ago, USA Today, in its lead editorial, sister, Jim and Joy are there, and they quest, but none more important than strongly endorsed the Accuracy in are a family that has always been there the fact that it raises taxes. It raises Campus Crime Reporting Act. This bill, for each other. taxes a lot. H.R. 715, is one that I introduced, My colleagues and I now join Donna’s Mr. Speaker, you would think that which now has 65 cosponsors, divided family, the residents of West Milford, the White House would have learned its almost equally between Republicans the citizens of New Jersey, and, indeed, lesson from the last time it raised and Democrats. As USA Today said, of our whole Nation, in saluting our taxes on the American people in 1993. ‘‘As long as campus courts operate in Olympic champion. Donna has always You would think that the White House secret, students committing crimes get been a gold medal champion in our would have learned its lesson from the a privacy right denied to the rest of hearts, and always will be. She has car- recent race for Governor in Virginia. adults.’’ ried our flag proudly. You would think that the White House That is what this bill is all about. It f would have learned its lesson from the is about opening up the records of outrageous level of taxation in Europe crimes being committed at campuses. ALLOW PUERTO RICO SELF- and all the economic misery that has A college or university that does not DETERMINATION caused. You would think the White have a crime problem should have no (Mr. ROMERO-BARCELO´ asked and House would have learned its lesson objections to this bill. But parents and was given permission to address the from its own economic report, which students should be allowed to know if House for 1 minute and to revise and shows that the current level of tax- certain colleges are lax about law en- extend his remarks.) ation in this country is at the highest forcement. Mr. ROMERO-BARCELO´ . Mr. Speak- peacetime level ever. Many colleges prefer to discipline er, I rise in support of H.R. 856, a bill But I guess not. The budget contains student criminals in secret campus allowing the people of Puerto Rico to billions and billions of dollars in tax courts. They use a warped interpreta- exercise their right to self-determina- increases. tion of Federal privacy laws to treat tion. Mr. Speaker, this budget is an affront these crimes as private academic After 99 years of being disenfran- to the American taxpayer. records that may not be released to the chised citizens, the 3.8 million U.S. f public. Citizens of Puerto Rico have earned No one has any business knowing VERIFYING CITIZENSHIP BEFORE their right to define their relationship about a student’s grades or financial VOTING IN CONGRESS with the rest of the Nation. Puerto aid records, but it is wrong, however, Ricans have valiantly and honorably (Mr. GUTIERREZ asked and was when the definition of privacy is used served in the U.S. Armed Forces and given permission to address the House to protect rapists and murderers. have been involved in every major for 1 minute and to revise and extend USA Today summed it up best by armed conflict, starting with World his remarks.) concluding ‘‘It is a sad state of affairs War I. Many Puerto Ricans have sac- Mr. GUTIERREZ. Mr. Speaker, Re- when an act of Congress is necessary rificed their lives to preserve the goals publicans are proposing to disenfran- for the Education Department to pro- of the United States. Currently there chise, degrade and demonize millions of tect students’ safety.’’ are 146,000 war veterans residing in American citizens. Under their legisla- I encourage my colleagues to cospon- Puerto Rico. The number of Puerto tion, H.R. 1488, certain voters will be sor H.R. 715, a bipartisan bill that will Rican men and women serving in the singled out, purged from the voting change the definition of privacy to ex- Armed Forces has exceeded the number rolls, and forced to prove that they are clude campus criminal activity. of soldiers serving from many larger truly citizens. f States. I believe Members of Congress should The Korean War in particular high- go through the same humiliating exer- USE AMERICAN TROOPS TO lights the noteworthy sacrifices of the cise. After all, using the Republicans’ GUARD AMERICAN BORDER people of Puerto Rico. In per capita own logic, we must assume that any (Mr. TRAFICANT asked and was terms, Puerto Rico ranks second in the votes cast in this body could be tainted given permission to address the House Nation with respect to the number of until we check the status of those who for 1 minute and to revise and extend men and women who died in that war. vote here. his remarks.) Moreover, the 65th Infantry Regiment, Therefore, I am urging that any fur- Mr. TRAFICANT. Mr. Speaker, the composed entirely of Puerto Ricans, ther congressional votes be suspended Immigration and Naturalization Serv- was the most highly decorated regi- until we verify the citizenship of every ice in some of their offices have error ment in the world, receiving the Presi- single Member of the U.S. House. I ask rates as high as 99 percent in reviewing dential Unit Citation, the Meritorious that the Sergeant at Arms revoke the applications, according to a recent Unit Commendation, two Republic of voting card of any Member of Congress study. In addition, 13,000 immigrants Korea Presidential Citations, and the who cannot immediately produce an bought citizenship with illegal payoffs Bravery Gold Medal of Greece. Immigration Service or Social Secu- and bribes. Clearly, Puerto Rico has made criti- rity document proving that he or she is Now, if that is not enough to com- cal contributions with the blood and indeed a citizen of the United States. promise your disgust, check this out: sweat of its own to defend democracy If the Republicans want to protect The INS says keep the military off the and freedom throughout the world. the integrity of the voting process in borders, Congress. The Puerto Ricans have been diligent precincts around the country, we Unbelievable. These same bungling, in serving the Nation when called. should start with the voting process incompetent nincompoops who have al- Should not the U.S. Congress be dili- here in Congress. It does not seem to lowed heroin and cocaine to be easier February 11, 1998 CONGRESSIONAL RECORD — HOUSE H389 to get than aspirin, who have our bor- out a way to get big money and the in- at a minimum, it must be one that ders overrun with illegal immigrants, fluence of money out of politics. bans soft money and severely restricts now want the border all to themselves. b 1515 these huge, unlimited donations to the Beam me up. The American people parties. want Congress to secure our borders. I think now is the day that we should In addition to that, our campaign fi- Let me say this, Congress: If American act. The time has come, and I com- nance reform bill must have no poison troops can guard borders for the United mend my freshman colleagues who pills, and by that I mean to have provi- Nations all over the world, American have been working for the better part sions in the bill that would mean large troops can guard the American border of a year to make that day a reality. numbers of this body would have to at home for the American people. f vote against it. There are options out I think we should investigate those ‘‘1–800–CAR–FIND ACT’’ there with bipartisan support that this bungling nincompoops at the INS. House and the American people would I yield back the 1 percent positive (Mr. ROTHman asked and was given support without such poison pills and I rate they have. permission to address the House for 1 encourage the Members of this body to f minute and to revise and extend his re- support them. marks.) f CAMPAIGN FINANCE REFORM Mr. ROTHMAN. Mr. Speaker, this (Ms. HOOLEY of Oregon asked and morning New Jersey’s families woke up DISTRICT OF COLUMBIA IS ON A was given permission to address the to a story in the Bergen Record news- ROLL House for 1 minute and to revise and paper that is becoming all too familiar. (Ms. NORTON asked and was given extend her remarks.) Car thefts are up once again. This time permission to address the House for 1 Ms. HOOLEY of Oregon. Mr. Speaker, it is at Newark Airport, a growing minute and to revise and extend her re- after more than a year of stalling, the international airport that we are marks and include extraneous mate- Republican leadership has finally counting on to spur North Jersey’s rial.) agreed to schedule a vote on campaign economy well into the 21st century. Ms. NORTON. Mr. Speaker, expect to finance reform this spring. I am The 83 percent increase in stolen cars see me on the floor often reporting on thrilled about that. The question, at Newark Airport means that 83 per- the condition of our capital city. An though, is a vote on what? Will it be a cent more New Jersey families travel- extraordinary turnaround is in the vote on real reform, which includes a ing via Newark Airport are dealing making. At a hearing today, the Dis- ban on unregulated soft money and with the possibility that their car will trict reported an almost $200 million more disclosure, like the American be stolen. Beyond the personal trauma surplus. My colleagues heard me right: people want? Or will it be a vacant or and the hassles of getting their lives surplus. destructive bill that is soft pedaled as back in order, these families will have This signifies another breakthrough. reform? to bear significant costs. That is why I The District has balanced its budget 2 Mr. Speaker, I rise today to urge you am urging my colleagues to take up years ahead of the congressionally to do the right thing by bringing a bill the ‘‘1–800–CAR–FIND’’ bill that is cur- mandated year. This progress comes that includes real reform to the floor rently awaiting action in the Sub- before the historic revitalization pack- for a vote. The American people will committee on Crime of the House Com- age we passed last summer has been not settle for anything less. mittee on the Judiciary. felt. I will be coming to the floor on a f As a member of that subcommittee, I regular basis in what are sure to be can assure my colleagues that I will similar improvements on the way. This CALLING FOR A VOTE ON strongly support the ‘‘1–800–CAR– progress sets in motion the day when CAMPAIGN FINANCE REFORM FIND’’ bill. It sets up a national sys- the District will soon regain the home (Mr. KIND asked and was given per- tem to track stolen cars more effi- rule it has lost. Get ready for it. We are mission to address the House for 1 ciently, and the bill will return the on a roll, Mr. Speaker. minute and to revise and extend his re- cars to their rightful owners more f marks.) quickly. It will provide lower insurance Mr. KIND. Mr. Speaker, I want to premiums for our families. NO BAILOUT FOR THE IMF commend my colleague, the gentle- The rise in car thefts at Newark Air- (Mr. SANDERS asked and was given woman from Oregon, (Ms. HOOLEY) for port and the other of our Nation’s air- permission to address the House for 1 her tenacity on an issue that I think is ports is a serious matter, it is a na- minute.) one of the most important issues that tional concern, and it requires a na- Mr. SANDERS. Mr. Speaker, I rise in this body, this Congress, in this session tional solution. Congress must not opposition to this Congress voting 1 should be working on, and that is cam- delay any further action in taking up penny of future funding for the IMF, paign finance reform. ‘‘1–800–CAR–FIND’’ any longer. let alone the $18 billion requested un- We have had numerous conversations f less a number of conditions are met: with the Speaker, trying to get a prom- First, the taxpayers of this country ise from him to bring this measure up. CAMPAIGN FINANCE REFORM should not be forced to bail out the TRENT LOTT in the Senate has agreed (Mr. SNYDER asked and was given large multibillion-dollar banks like to allow the McCain-Feingold bill to permission to address the House for 1 Chase Manhattan, Citibank, and Bank come forward. minute.) America, who have made billions of We have the perfect vehicle on the Mr. SNYDER. Mr. Speaker, this dollars investing in Asia, but now that House side. A freshman task force has morning on a local radio station a lit- their loans have gone sour, they are been working for the better part of a tle girl called in with the joke of the running to the United States Congress year, six Republicans, six freshman day and the joke was, ‘‘What do you and the taxpayers of this country to be Democrats, in trying to get the poison call a boomerang if it doesn’t come bailed out. That is wrong. pills out of a good finance reform bill, back? A stick.’’ Further, we should not be bailing out and believe we have done that. We are confronting here the issue of people like General Suharto, the dic- We have numerous cosponsors from campaign finance reform, and the fear tator of Indonesia, whose family is across the aisle, and I am asking today of many people in America and the fear worth $30 billion. The taxpayers of this for the Speaker and the leaders in this of many people in this House, is that country should not be bailing him out. House to at least allow us to bring this we will have a bill presented before this Further, I believe that we need a issue up for a full debate and for con- body that will be called campaign fi- study to determine how effective the sideration and for a vote on this bill nance reform but will, in fact, be just IMF has been in developing the global this spring. an empty stick with none of the clout economy. My impression is that the I hear from my constituents in west- of a true campaign finance reform fill. middle class of this country is shrink- ern Wisconsin that they do not expect I am one of the cosponsors of the fresh- ing, unemployment is too high in Eu- me to take no for an answer, and figure man campaign finance reform bill, and, rope, poverty is increasing in Latin H390 CONGRESSIONAL RECORD — HOUSE February 11, 1998 America, the economy remains dismal with the accompanying papers, without nuity of working Americans. Investing in Africa, and now we are seeing an objection, referred to the Committee in the education and health of our peo- economic collapse in Asia. I think we on Joint Economics and ordered to be ple will help all Americans reap the re- need to question the whole concept of printed: wards of a growing, changing economy. the centralized global economy and the Those who are better educated, with To the Congress of the United States: the flexibility and the skills they need role that the IMF is playing. For the last 5 years this Administra- f to move from one job to another and tion has worked to strengthen our Na- seize new opportunities, will succeed in BIPARTISAN CAMPAIGN FINANCE tion for the 21st century, expanding op- the new economy; those who do not REFORM portunity for all Americans, demand- will fall behind. ing responsibility from all Americans, (Mr. ALLEN asked and was given That is why the historic balanced and bringing us together as a commu- budget agreement I signed into law in permission to address the House for 1 nity of all Americans. Building a 1997 included the largest increase in aid minute and to revise and extend his re- strong economy is the cornerstone of to education in 30 years, and the big- marks.) our efforts to meet these challenges. gest increase to help people go to col- Mr. ALLEN. Mr. Speaker, we are When I first took office in 1993, the lege since the G.I. Bill was passed 50 back in session and some of the stories Federal budget deficit was out of con- years ago. The agreement provided in the paper are the same old stories. trol, unemployment was unacceptably funds to ensure that we stay on track There are stories about too much high, and wages were stagnant. To re- to help 1 million disadvantaged chil- money in politics, about investigations verse this course, we took a new ap- dren prepare for success in school. It that go on and on. proach, putting in place a bold eco- provided funding for the America The Washington Post editorial this nomic strategy designed to bring down Reads Challenge, with the goal of mo- morning said it well. Many of the Sen- the deficit and give America’s workers bilizing a million volunteers to pro- ate Republicans who have criticized the tools and training they need to mote literacy, and it made new invest- the Democratic fund-raising in 1996 help them thrive in our changing econ- ments in our schools themselves, to will now vote against significant cam- omy. help connect every classroom and li- paign finance reform. We cannot let Our strategy has succeeded: the econ- brary in this country to the Internet that happen in the House. We need a omy has created more than 14 million by the year 2000. campaign finance reform bill on the new jobs, unemployment is at its low- The balanced budget agreement cre- floor of this House in March. It should est level in 24 years, and core inflation ated the HOPE scholarship program, to be a bipartisan bill. is at its lowest level in 30 years. Eco- make completion of the 13th and 14th The Republican majority has been nomic growth in 1997 was the strongest years of formal education as wide- questioned as to whether or not they in almost a decade, and the benefits of spread as a high school diploma is are really serious about campaign fi- that growth are being shared by all today. It offered other tuition tax cred- nance reform, but there are some Re- Americans: poverty is dropping and its for college and skills training. It publican freshmen who have stood with median family income has gone up created a new Individual Retirement Democratic freshmen to put together a nearly $2,200 since 1993. We also saw the Account that allows tax-free withdraw- bill, H.R. 2183, the bipartisan Campaign biggest drop in welfare rolls in history. als to pay for education. It provided Integrity Act of 1998. It bans soft Many challenges remain, but Ameri- the biggest increase in Pell grants in money, it improves issue advocacy dis- cans are enjoying the fruits of an econ- two decades. Finally, it provided more closure, it tightens candidate reporting omy that is steady and strong. funds so that aid to dislocated workers requirements. is more than double what it was in 1993, THE ADMINISTRATION’S ECONOMIC STRATEGY That is the bill we ought to bring to to help these workers get the skills From the beginning, this Administra- the floor of this House, a bipartisan they need to remain productive in a tion’s economic strategy has had three campaign finance reform bill with no changing economy. crucial elements: reducing the deficit, poison pills, no effort to get one side or But we must do more to guarantee investing in people, and opening mar- the other, or the backers of one side or all Americans the quality education kets abroad. the other. We need real campaign fi- they need to succeed. That is why I Deficit reduction. In 1993 this Adminis- have proposed a new initiative to im- nance reform; we need it now. tration’s deficit reduction plan set the f prove the quality of education in our Nation on a course of fiscal responsibil- public schools—through high national COMMUNICATION FROM THE ity, while making critical investments standards and national tests, more PRESIDENT OF THE UNITED in the skills and well-being of our peo- charter schools to stimulate competi- STATES ple. When I took office, the deficit was tion, greater accountability, higher $290 billion and projected to go much The SPEAKER pro tempore (Mr. quality teaching, smaller class sizes, higher. This year the deficit will fall to and more classrooms. UPTON) laid before the House the fol- just $10 billion and possibly lower still. To strengthen our Nation we must lowing communication from the Presi- That is a reduction of more than 95 also strengthen our families. The Fam- dent of the United States: percent, leaving the deficit today ily and Medical Leave Act, which I THE WHITE HOUSE, smaller in relation to the size of the signed into law in 1993, ensures that Washington, February 10, 1998. economy than it has been since 1969. millions of people no longer have to Hon. NEWT GINGRICH, And this year I have proposed a budget Speaker of the House of Representatives, choose between being good parents and Washington, DC. that will eliminate the deficit entirely, being good workers. The Health Care DEAR MR. SPEAKER: Pursuant to 15 U.S.C. achieving the first balanced budget in Portability and Accountability Act, 1022, attached is the Economic Report of the 30 years. enacted in 1996, ensures that workers President together with the Annual Report Beyond that, it is projected that the can keep their health insurance if they of the Council of Economic Advisers. budget will show a sizable surplus in change jobs or suffer a family emer- Sincerely, the years to come. I propose that we gency. We have also increased the min- WILLIAM J. CLINTON. reserve 100 percent of the surplus until imum wage, expanded the earned in- f we have taken the necessary measures come tax credit, and provided for a new to strengthen the Social Security sys- $500-per-child tax credit for working ECONOMIC REPORT OF THE PRESI- tem for the 21st century. I am commit- families. To continue making progress DENT—MESSAGE FROM THE ted to addressing Social Security first, toward strengthening families, the bal- PRESIDENT OF THE UNITED to ensure that all Americans are con- anced budget agreement allocated $24 STATES (H. DOC. NO. 105–176) fident that it will be there when they billion to provide health insurance to The SPEAKER pro tempore laid be- need it. up to 5 million uninsured children—the fore the House the following message Investing in our people. In the new largest Federal investment in chil- from the President of the United economy, the most precious resource dren’s health care since Medicaid was States; which was read and, together this Nation has is the skills and inge- created in 1965. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H391 Opening markets and expending ex- next month and a half to actually im- Thursday, February 12, 1998, for the Speaker ports. To create more good jobs and in- plement the rule that was established to entertain motions that the House suspend crease wages, we must open markets at the start of this Congress that there the rules. The Speaker or his designee shall abroad and expand U.S. exports. Trade shall be such a random drug testing consult with the minority leader or his des- ignee on the designation of any matter for has been key to the strength of this plan for Members of Congress and their consideration pursuant to this resolution. economic expansion—about a third of staffs. our economic growth in recent years Mr. Speaker, if we are going to have The SPEAKER pro tempore. The gen- has come from selling American goods a drug-free America, the House of Rep- tleman from New York (Mr. SOLOMON) and services overseas. The Information resentatives must set the positive ex- is recognized for 1 hour. Technology Agreement signed in 1997 ample and must take such measures as Mr. SOLOMON. Mr. Speaker, for pur- lowers tariff and other barriers to 90 necessary to ensure that the Congress poses of debate only, I yield the cus- percent of world trade in information itself is drug free, and in my opinion, tomary 30 minutes to the gentlewoman technology services. random drug testing must be a part of from my State of New York (Ms. To continue opening new markets, that plan. SLAUGHTER), pending which I yield my- self such time as I may consume. Dur- creating new jobs, and increasing our f prosperity, it is critically important to ing consideration of this resolution, all renew fast-track negotiation author- RECESS time yielded is for the purpose of de- bate only. ity. This authority, which every Presi- The SPEAKER pro tempore. Pursu- dent of either party has had for the Mr. Speaker, the rule before us today ant to clause 12 of rule I, the Chair de- makes in order at any time on Wednes- last 20 years, enables the President to clares the House in recess until 4 p.m. negotiate trade agreements and submit day, that is today, February 11th, and Accordingly (at 3 o’clock and 28 min- Thursday, February 12th, for the them to the Congress for an up-or-down utes p.m.), the House stood in recess vote, without modification. Renewing Speaker to entertain motions that the until 4 p.m. House suspend the rules. The resolu- this traditional trade authority is es- f sential to America’s ability to shape tion further provides that the Speaker or his designee shall consult with the the global economy of the 21st century. b 1604 minority leader or his designee on any SEIZING THE BENEFIT OF A GROWING, CHANGING AFTER RECESS suspension considered under this rule. ECONOMY This rule is necessary in order to pro- As we approach the 21st century the The recess having expired, the House was called to order by the Speaker pro vide for the expeditious consideration American economy is sound and of some noncontroversial legislation strong, but challenges remain. We tempore (Mr. UPTON) at 4 o’clock and 4 minutes p.m. which is before the House this week. It know that information and technology would be impractical to bring this leg- and global commerce are rapidly trans- f islation up under separate resolutions forming the economy, offering new op- from the Committee on Rules. portunities but also posing new chal- REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 2604 Mr. Speaker, the majority attempted lenges. Our goal must be to ensure that to work with the minority to reach a Mr. BERMAN. Mr. Speaker, pursuant all Americans are equipped with the unanimous consent agreement to allow to rule XXII, clause 4, I ask unanimous skills to succeed in this growing, for suspensions, that means the expe- consent that my name be removed as a changing economy. diting of noncontroversial measures cosponsor of H.R. 2604. Our economic strategy—balancing today and tomorrow. However, the mi- The SPEAKER pro tempore. Is there the budget, investing in our people, nority objected to that request, for objection to the request of the gen- opening markets—has set this Nation whatever reason, and without the tleman from California? on the right course to meet the goal. unanimous consent agreement, this There was no objection. This strategy will support and contrib- rule is necessary to allow us to take up ute to America’s strength and provid- f this legislation today and tomorrow. ing our people with the skills, the flexi- Mr. Speaker, earlier this week many bility, and the security to succeed. We WELCOME BACK TO MS. HELEN SEWELL Members of both the majority and the must continue to maintain the fiscal minority participated in legislative discipline that is balancing the budget, (Mr. SOLOMON asked and was given planning sessions for this coming year. to invest in our people and their skills, permission to address the House for 1 Members used this time to thought- and to lead the world to greater pros- minute.) fully come up with solutions to many perity in the 21st century. Mr. SOLOMON. Mr. Speaker, as we of the challenges our Nation faces this WILLIAM J. CLINTON. welcome everybody back, I would like year. THE WHITE HOUSE, February 10, 1998. to make note that back in the kitchen, Republicans are intent on achieving f in the Republican cloakroom on this a drug-free America, which is very, side, we have a wonderful woman who very important to me, make a safer RANDOM DRUG TESTING FOR has been an employee of this House of and healthier environment for all of MEMBERS AND STAFF Representatives for more than 65 years. our children and our grandchildren. We (Mr. BARTON of Texas asked and Sixty-five years. She was sick over the plan on providing the best education was given permission to address the break and she has returned in good system for America’s students by pro- House for 1 minute and to revise and health and we just want to welcome viding parental choice in education, extend his remarks.) Mrs. Helen Sewell back. A wonderful, education savings accounts, and oppor- Mr. BARTON of Texas. Mr. Speaker, wonderful woman. tunity scholarships for students in the I just returned from the Republican f District of Columbia. But above all, we Members’ retreat at Williamsburg, Vir- intend to make sure that this Federal PROVIDING FOR CONSIDERATION ginia, and at that retreat the Speaker Government does not dictate edu- OF MOTIONS TO SUSPEND THE of the House, the gentleman from Geor- cational curriculum to States and local RULES gia (Mr. GINGRICH), unveiled goals for school districts. our generation, of which the No. 1 issue Mr. SOLOMON. Mr. Speaker, by di- We will also take a careful look at is a drug-free America. rection of the Committee on Rules, I America’s retirement system by creat- To honor that goal, the gentleman call up House Resolution 352 and ask ing a national commission on retire- from New York (Mr. SOLOMON) and I for its immediate consideration. ment, thus providing greater security have been attempting for the last year The Clerk read the resolution, as fol- for the future of our retirement sys- to institute random drug testing for lows: tem. Members of Congress and their staffs, H. RES. 352 Finally, Mr. Speaker, Republicans in- and the gentleman from New York (Mr. Resolved, That it shall be in order at any tend to modernize, we intend to pri- SOLOMON) and myself intend in the time on Wednesday, February 11, 1998, or on vatize and to downsize government in H392 CONGRESSIONAL RECORD — HOUSE February 11, 1998 order to reduce the total tax burden. errors? Is the issue it attempts to ad- b 1615 For starters, this Congress will com- dress a new or time-sensitive issue? Is Does this mean that we are so inter- plete consideration of the Portman- it so pressing that the committee could ested in solving a problem that may Kerrey IRS bipartisan reform bill and not have had the benefit of public testi- not even exist that we will have to send the legislation to the White House mony and perfecting amendments? I make major cuts in Social Security for the signature of the President. think not. programs for the elderly and disabled? In addition, we will address the dif- H.R. 1428, another bill to be consid- None of these questions have been an- ficult tax burden Americans face, par- ered under suspension, is a more egre- swered, and we are still proceeding ticularly by providing marriage tax re- gious example of shoddy legislative head over heels into a land of uncer- lief and death tax relief. There will work. Referred to three committees, tainty and frolic. This process has been also continue to be a debate on what none have marked up this bill. Only extremely irresponsible with the tax type of tax system is the most fair for one of the three held hearings. Again, dollars and Social Security benefits of the American people. We may even as of midday, the final text of the bill the American people. consider a proposal to sunset the entire on which we will ask the House to vote Considering our negligent lack of Tax Code. And won’t that be exciting, tomorrow was not available to Mem- process, it is very difficult to dignify Mr. Speaker? bers, yet this bill could make unprece- the substance of this bill. However, I The passage of this rule simply al- dented changes in our electoral system will do my best to add my voice to the lows the House to move forward with a and overturn citizens’ privacy act pro- colleagues of mine who will be speak- compelling agenda for this second ses- tections. ing against the bill tomorrow. First of all, considering that turnout sion of the 105th Congress. I urge sup- This kind of far-reaching change for elections is now at an all-time low port for the rule. should certainly be carefully scruti- in this country, I find it odd that we Mr. Speaker, I reserve the balance of nized and subject to amendments both put so much fervor into creating new my time. at the committee level and on the barriers to voting instead of strength- Ms. SLAUGHTER. Mr. Speaker, I floor, yet we are told it will be brought ening motor voter and other voter en- thank the gentleman from my home up on the suspension calendar, which State of New York (Mr. SOLOMON) for couragement initiatives which actually allows no amendments and only 40 inspire people to take part in this great yielding me the customary 30 minutes, minutes of debate. Why use this proc- and I yield myself such time as I may democracy. ess on a bill that is so controversial? Furthermore, this country’s not-so- consume. Why are we putting at risk a core right House Resolution 352 would allow the distant past of discriminatory enforce- of our citizenship, the right to vote, ment, of facially neutral election laws House to consider bills on the suspen- without having a full and free debate? sion calendar on Wednesday and Thurs- should give pause to any knee-jerk ef- The lack of due deliberation on this day of this week instead of the normal forts to strike important parts of the bill is shameful and not worthy of this Monday and Tuesday consideration. Voting Rights Act, the only shield we House. The scheduling of these con- Because both the Democratic Caucus have from our despicable heritage of troversial, flawed bills on the suspen- and the Republican Conference held poll taxes, literacy tests, and a host of sion calendar is damaging both to the their annual retreats on this week’s over facially neutral schemes that are comity of the House of Representatives normal suspension days, the resolution designed for one reason, and one reason and its legislative procedures. Mr. seems like a reasonable housekeeping only, to intimidate and prevent minori- Speaker, I ask Members to carefully rule. ties from voting. consider the important process issues However, the resolution itself does Although we had anti-discrimination that I have outlined before voting on not include the usual protection for laws and the 15th Amendment in the this rule. Members that is often included in such Jim Crow south, it still took the 24th resolutions; the requirement that Mr. Speaker, I yield 5 minutes to the Amendment, which banned poll taxes, and the Voting Rights Act to finally Members be notified at least one hour gentleman from Virginia (Mr. SCOTT). arm citizens with an ample set of tools in advance that a bill would be called Mr. SCOTT. Mr. Speaker, I rise in op- to fight against discrimination in the up on the suspension calendar. While position to the inclusion in the rule of fundamental exercise of voting. the majority has given us a list of H.R. 1428 and to the process, or lack thereof, by which this bill was brought Today we stand poised to eradicate a three bills to be considered, we have no delicate and important part of our assurance that we will not be surprised to the floor. This is a very sad day in the history hard-fought voting rights protections by additional legislation. for an unworkable system supposedly Two of the three bills on the calendar of the House. Although on even rel- atively simple bills we have generally intended to fix a nonexistent problem. do not meet the usual criteria for sus- Both the Social Security Administra- pension of the rules, which is non- taken time to carefully deliberate on issues and ensure that ample commit- tion and the INS have said that the in- controversial bills with agreed-upon formation necessary for this proposed language, thereby obviating the need tee and subcommittee review has taken place in order to prevent excessively verification system does not exist. for floor amendments. Moreover, who would want to empower H. Con. Res. 202 was introduced less flawed bills from taking up our limited floor time, unfortunately, the process some new, big government bureaucracy than a month ago. The committee of with the almighty ability to say, who jurisdiction held no hearings and had by which this bill has been considered has been markedly different. can vote and who cannot, based on no markup. The Children’s Defense records which do not exist or are inac- There has only been one hearing in Fund has sent a memo to each House curate? We can do better than this. office outlining factual errors in the the Subcommittee on Immigration and And therefore, Mr. Speaker, we resolution’s original language. We are Claims and this bill is now on the floor. should not include H.R. 1428 in this now told that there may be a man- There have been no hearings on the rule. ager’s amendment which may or may Subcommittee on the Constitution to Mr. SOLOMON. Mr. Speaker, I yield not correct these errors, but as of mid- determine what effects this bill may myself such time as I may consume day today, Members have not been have on Voting Rights Act protections. just to perhaps respond a little bit. given the final language on which they There have been no hearings before the I was surprised to hear both my good will be asked to vote this evening. Ways and Means Subcommittee on So- friend the gentlewoman from Roch- As important as the care of our chil- cial Security to determine if citizen- ester, New York, (Ms. SLAUGHTER) and dren is to each of our families, why are ship verification proposed in the bill is my good friend the gentleman from we rushing to pass this sense of Con- a practical idea. Virginia (Mr. SCOTT) stating that this gress resolution? Would not the usual Because this bill has been not prop- rule brings certain bills to the floor. process of hearings in a markup by the erly considered, we have no idea where That just is not the case. This bill does committee of jurisdiction help to en- the money will be found to create what not bring any bill to the floor. This sure that we are not forced to vote on some have estimated to be a multibil- rule does not. It simply creates two a resolution which may contain factual lion-dollar bureaucracy. suspension days. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H393 Suspension days means that bills can are going to be back for work periods is that this bill is vindictive. It is an be brought to the floor without nec- just like the one coming up this week. attempt by the Republicans to intimi- essarily having gone through a com- We will be back for Easter. We will be date and discourage Hispanic, Asian, mittee or through our Committee on back for Memorial Day. We will be and other minority voters. Under this Rules. It can be brought to the floor for back for the 4th of July. Ten of those 18 bill, it is not enough that we sign and debate, they cannot be amended and weeks we are going to be back home, say that we are American citizens. Now have an up-or-down vote. There can be where we should be, with our constitu- this bill would allow local boards of a manager’s amendment, but that is ents. That leaves 18 weeks. elections to, quote, ‘‘verify us.’’ subject to a vote of this House. So How many days are there, floor days, How does this verification process every Member has to approve that. in 18 weeks? Seventy-eight. So now we work? Well, it works like this: The Secondly, I am just surprised to hear are down to only 78 days on this floor local board can decide who and whether people complaining about a bill like when we can pass important legisla- they want to verify individuals. They day care fairness for stay-at-home par- tion. But my colleagues have to re- do not have to verify everyone; that ents. That is so terribly, terribly im- member that Tuesdays are suspension might make some sense. They can pick portant today. As a matter of fact, I days, like this one that we are consid- and choose who they want to verify. have 5 children and 6 grandchildren, ering today. So noncontroversial mat- When do they verify us? That is not and my wife was good enough to volun- ters will be coming up on those Tues- specified in the bill. Potentially, we tarily stay home with those 5 children days. There are 21 Tuesdays and other could come up on election day seeking all through their life until they went suspension days out of those 78. So sub- to vote and be told, ‘‘Well, we have got away to college; and that was the best tracting 21 from 78 leaves 57, Mr. to verify you first.’’ thing that ever happened to those chil- Speaker. That is why it intimidates, that is dren. Because I was away more than Now, that means that we are going to why it discourages voters. And it is half the time during the week all that spend an awful lot of time back in our mainly being done because they tried time. And I think if we had more districts, where we should be finding to oust one of our own Democrats, the spouses that could stay at home and out how our constituents feel about gentlewoman from California (Ms. take care of children like that, I think legislation, but we have only 57 days on SANCHEZ), and they were unsuccessful we would have a better America and a this floor to pass a budget, to pass a in doing so. They tried to suggest that better world today. supplemental, to pass a reconciliation there was voter fraud and they were This one bill simply states that day bill, and to pass 13 appropriations bills. not able to prove it. So now they come care fairness for stay-at-home parents Now, we all know these appropriators back with this vindictive bill to say, will be brought to this floor. Even if can use 57 days all by themselves just ‘‘Well, what we need to be able to do is these bills are voted on today, it is to pass 13 bills. So then comes all the verify people’s eligibility.’’ Well, they say what we could do is, going to take a two-thirds vote. That is other legislation that my colleagues we could get the INS and Department the difference when you go through the and I are interested in. Whether it of Social Security to verify people. regular process, go through our Com- deals with education, whether it deals Well, I have had experience with these mittee on Rules, and then bring it to with a drug-free America, whether it agencies, and I can tell you that, the floor. Then a simple majority of 50 deals with the very important issue of though they do good work, they are ill- percent plus 1 vote can pass a bill. But Iraq or Bosnia or these other issues, we equipped. these bills cannot pass with 50 percent have got to squeeze all that into 57 My experience with INS and Social plus 1; they require two-thirds. So it is days on this floor. That is why we are Security is that they are both well-in- fair. here today, asking to create these 2 tentioned agencies, but that they are So I point out again that this rule suspension days so that we can get by ill-equipped to perform this verifica- does not waive any other rules whatso- some of the noncontroversial issues. tion process. They already have a ever. All it does is create a suspension So I hope I have given my colleague backload performing the duties associ- day, and then the bills that my col- a little education lesson here, my good ated with their legitimate tasks. leagues were just referring to come to friend from Rochester (Ms. SLAUGH- INS certainly has more work than it the floor under regular order. Nothing TER), just how important this is. can handle, seeking to find illegal is changed. Mr. Speaker, I reserve the balance of aliens. We do not need them to be voter Now, having said that, let me just my time. patrols, and that is what they would keep my friend, the gentleman from Ms. SLAUGHTER. Mr. Speaker, I become. Pennsylvania (Mr. GOODLING), waiting yield 3 minutes to the gentleman from Under this system, Americans would here for just a minute to talk about Maryland (Mr. WYNN). be intimidated, just as African Ameri- the question of utilizing this day. All Mr. WYNN. Mr. Speaker, let me cans were intimidated years ago by at- of this week, both the Republican and thank the gentlewoman from New tempts to thwart their voting rights. Democratic parties have been in pri- York (Ms. SLAUGHTER) for yielding. We do not need a bill like this. It is to- vate caucus among themselves talking I came down to the well today to ex- tally unnecessary. about their priorities for their legisla- press my concern about this rule. I am People can certify themselves as tive agenda. concerned because this rule makes in Americans under the threat of criminal Next week we will be in recess, in order H.R. 1428, a bill that I think is penalties. That is sufficient. It has work periods back in our districts, and probably one of the worst examples of worked in the past. I believe it will that will take us through about two- legislation that I think I have seen continue to work. thirds of the month of February. We since I have been here. I say that not as The only reason the Republicans are will then return. And as my colleagues a matter of overstatement, but really addressing this bill and advancing this know, committees are meeting, but just stating a fact. bill is because they want to try to get they have not had a chance to generate The fact is, number one, the bill is back at a group of people that they really important legislation on this unnecessary. We have current laws re- could not defeat at the polls, and I floor yet. garding voter eligibility. When a voter think that is shameful. So I want to point out to the mem- registers or when a prospective voter So I hope today that we will, if we bership just how short this legislative registers, he signs at the bottom that accept this rule, certainly when this period is between now and the October he is a U.S. citizen. That system of bill comes up, H.R. 142, send it back 1st scheduled deadline for adjournment self-certification has worked for dec- where it belongs, and that is back to for the end of this Congress, the 105th ades. We have a system to create crimi- the back room of politics. Congress. We will actually be consider- nal penalties if, in fact, someone is Mr. SOLOMON. Mr. Speaker, one of ing legislation on this floor from lying. It is called voter fraud. It is pun- the outstanding Members of this body March 1st until October 1st. How many ishable today. We do not need a new is the chairman of our Education and weeks is that? Twenty-eight weeks. law. This bill is unnecessary. Workforce Committee. He is the gen- Now, 10 of those 28 weeks we are But second and probably most impor- tleman hailing from Pennsylvania (Mr. going to be back in the districts; we tant, what I think repels me the most BILL GOODLING). H394 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Mr. Speaker, I yield such time as he Clinton proposed a budget with $106 bil- Members of this House who are recov- may consume to the gentleman from lion of new tax increases in it. ering from colorectal cancer who are Pennsylvania (Mr. GOODLING). While all taxes punish personal thrift sponsoring this bill, and I invite all my Mr. GOODLING. Mr. Speaker, I and freedom, the President’s proposal colleagues to join us in what I think is thank the gentleman for yielding me to raise taxes on financial products one of the most important health this time. which encourage long-term investment issues facing America. This disease is I wanted to point out that, as a mat- and savings are particularly ill-con- over 92 percent preventable. No one ter of fact, the resolution that I am ceived. need die from colorectal cancer. It is bringing here today has been around It is incredible that the President, up to us to educate. for at least 2 weeks, and the fine-tun- who is fully aware of the impending f ing of the statistics were in the hands crisis in Social Security, would propose of the Democrats as of 6 o’clock last to hike taxes on the products that RECESS evening. American families and businesses use The SPEAKER pro tempore. Pursu- But the fine-tuning from statistics to plan for their own retirements. Mil- ant to clause 12 of rule I, the Chair de- really does not amount to anything lions of American families use this clares the House in recess until ap- anyway because the resolution simply very life insurance product to save for proximately 5 p.m. says, if this Congress is going to dis- retirement, adding to the supplemental Accordingly (at 4 o’clock and 32 min- cuss child care, they will discuss it in Social Security check that they might utes p.m.), the House stood in recess relationship to all children. It does not receive. until approximately 5 p.m. tell how they should do it. It just says, Mr. Speaker, surveys show that many f since 70 percent of preschool children moderate-income families use private are not in a formal day care setting, we sector retirement products such as an- b 1701 should also think about the parents of nuities to plan for their future. In fact, those 70 percent. many of the owners of annuities are AFTER RECESS So even if we fine tuned the statis- women. They are women, 55 percent of The recess having expired, the House tics, it does not matter because the whom are married, while 28 percent of was called to order by the Speaker pro resolution simply states that if the them are widowed. tempore (Mr. UPTON) at 5 o’clock and Congress is going to consider child care b 1630 1 minute p.m. in this particular session, it should f consider all children, it should consider They are the people that control all parents. The resolution is that sim- most of these small annuities in Amer- PROVIDING FOR CONSIDERATION ple. ica. OF MOTIONS TO SUSPEND THE The SPEAKER pro tempore. The gen- The President proposes to increase the tax RULES burden on these same annuitiesÐannuities tleman from New York (Mr. SOLOMON) The SPEAKER pro tempore. The 1 that 85% of the owners intend to use as the has 20 ⁄2 minutes remaining, and the pending business is the question of fundamental source of their retirement sav- gentlewoman from New York (Ms. agreeing to House Resolution 352, on 1 ings. Why should government discourage SLAUGHTER) has 19 ⁄2 minutes remain- which the yeas and nays are ordered. these families from saving their money? ing. The Clerk read the title of the resolu- Mr. Speaker, this is an irresponsible and ill- Ms. SLAUGHTER. Mr. Speaker, I tion. advised proposal for the many Americans have no more speakers, and I yield The SPEAKER pro tempore. The struggling to get by and yet still plan for the fu- back the balance of my time. question is on the resolution. ture. Mr. SOLOMON. Mr. Speaker, that is The vote was taken by electronic de- I urge my colleagues to reject President what I have always admired about the vice, and there were—yeas 217, nays Clinton's tax increases on America's families gentlewoman from New York. She gets 191, not voting 22, as follows: the job done in a hurry, and I appre- and their future. The future of the American [Roll No. 12] ciate that. And, therefore, I am not family deserves better. going to let her outdo me. I am going f YEAS—217 to get the job done, too. Aderholt Combest Goodling EDUCATING AMERICA ON Archer Cook Goss So, I yield back the balance of my COLORECTAL CANCER Armey Cooksey Graham time, and I move the previous question Bachus Cox Granger on the resolution. (Ms. SLAUGHTER asked and was Baker Crane Greenwood The previous question was ordered. given permission to address the House Ballenger Crapo Gutknecht for 1 minute and to revise and extend Barr Cubin Hall (TX) The SPEAKER pro tempore. The Barrett (NE) Cunningham Hamilton question is on the resolution. her remarks.) Bartlett Davis (VA) Hansen The question was taken; and the Ms. SLAUGHTER. Mr. Speaker, Barton Deal Hastert today I filed a resolution with 20 of my Bass DeLay Hastings (WA) Speaker pro tempore announced that Bateman Dickey Hayworth the ayes appeared to have it. cosponsors, a bipartisan resolution, Bereuter Dreier Hefley Ms. SLAUGHTER. Mr. Speaker, on connected with colorectal cancer. We Bilbray Duncan Herger that I demand the yeas and nays. have spent a lot of time in the House Bilirakis Dunn Hill talking about breast cancer and other Bliley Ehlers Hilleary The yeas and nays were ordered. Blunt Ehrlich Hobson Mr. SPEAKER pro tempore. Pursu- forms of cancer and how important it Boehlert Emerson Hoekstra ant to clause 5 of rule I, further pro- is to be screened, but we have ne- Boehner English Horn ceedings on this resolution are post- glected colorectal cancer. Bonilla Ensign Hostettler Brady Everett Houghton poned until 5 p.m. Mr. Speaker, in my State of New Bryant Ewing Hulshof f York, we are ninth in the number of fa- Bunning Fawell Hunter talities. We have 55,000 people that die Burr Foley Hutchinson THE PRESIDENT’S PROPOSED NEW each year from an absolutely curable Burton Forbes Hyde TAX INCREASES Buyer Fossella Inglis or preventable disease. Calvert Fowler Istook (Mr. SOLOMON asked and was given We think it is terribly important. We Camp Fox Jenkins permission to address the House for 1 have asked Secretary Shalala of HHS if Campbell Franks (NJ) Johnson (CT) Canady Frelinghuysen Johnson, Sam minute.) they will help formulate an edu- Cannon Gallegly Jones The SPEAKER pro tempore. Without cational process for both medical pro- Castle Ganske Kasich objection, the gentleman from New fessionals and their patients to make Chabot Gekas Kelly York is recognized for 1 minute. sure Americans are screened for this Chambliss Gibbons Kim Chenoweth Gilchrest King (NY) There was no objection. disease. It is terribly important for Christensen Gillmor Kingston Mr. SOLOMON. Mr. Speaker, I will women, because women have a feeling Coble Gilman Klug not bother taking the well, but I just that this is a man’s disease, but it is an Coburn Goode Knollenberg wanted to say that last week President equal-opportunity killer. We have some Collins Goodlatte Kolbe February 11, 1998 CONGRESSIONAL RECORD — HOUSE H395 LaHood Paxon Shuster Wexler Wise Wynn Whereas a large number of low- and mid- Largent Pease Skeen Weygand Woolsey Yates dle-income families sacrifice a second full- Latham Peterson (PA) Smith (MI) time income so that the mother may be at Smith (NJ) NOT VOTING—22 LaTourette Petri home with her child; Lazio Pickering Smith (TX) Callahan Miller (FL) Sensenbrenner Leach Pitts Snowbarger Diaz-Balart Mink Smith (OR) Whereas the average income of 2-parent Lewis (CA) Pombo Solomon Doolittle Myrick Smith, Linda families with a single income is $20,000 less Lewis (KY) Porter Souder Eshoo Nadler Stearns than the average income of 2-parent families Livingston Portman Spence Gonzalez Poshard Waters with two incomes; LoBiondo Pryce (OH) Stump Harman Ros-Lehtinen White Whereas only 30 percent of preschool chil- Lucas Quinn Sununu Lantos Sawyer dren are in paid child care and the remaining Talent Manzullo Radanovich Linder Schiff 70 percent of preschool children are in fami- McCollum Ramstad Tauzin McCrery Redmond Taylor (NC) b 1723 lies that do not pay for child care, many of McDade Regula Thomas which are low- to middle-income families McHugh Riggs Thornberry Mr. MURTHA changed his vote from struggling to provide child care at home; McInnis Riley Thune ‘‘yea’’ to ‘‘nay.’’ Whereas child care proposals should not McIntosh Rogan Tiahrt So the resolution was agreed to. provide financial assistance solely to the 30 McKeon Rogers Traficant percent of families that pay for child care Upton The result of the vote was announced Metcalf Rohrabacher and should not discriminate against families Mica Roukema Walsh as above recorded. Moran (KS) Royce Wamp A motion to reconsider was laid on in which children are cared for by an at- home parent; and Morella Ryun Watkins the table. Nethercutt Salmon Watts (OK) Whereas any congressional proposal that Neumann Sanford Weldon (FL) f increases child care funding should provide Ney Saxton Weldon (PA) financial relief to families that sacrifice an Northup Scarborough Weller ANNOUNCEMENT BY THE SPEAKER entire income in order that a mother or fa- Whitfield Norwood Schaefer, Dan PRO TEMPORE ther may be at home for their young child: Nussle Schaffer, Bob Wicker Oxley Sessions Wolf The SPEAKER pro tempore (Mr. Now, therefore, be it Resolved by the House of Representatives (the Packard Shadegg Young (AK) UPTON). Pursuant to the provisions of Pappas Shaw Young (FL) Senate concurring), That the Congress recog- Parker Shays clause 5 of rule I the Chair announces nizes that— Paul Shimkus that he will postpone further proceed- (1) many American families make enor- ings today on the second motion to mous sacrifices to forgo a second income in NAYS—191 suspend the rules on which a recorded order to have a parent care for their child at Abercrombie Gordon Moran (VA) vote or the yeas and nays are ordered home; Ackerman Green Murtha or on which the vote is objected to (2) there should be no bias against at-home Allen Gutierrez Neal under clause 4 of rule XV. parents; Andrews Hall (OH) Oberstar (3) parents choose many legitimate forms Baesler Hastings (FL) Obey If a recorded vote is ordered on the of child care to meet their individual needs Baldacci Hefner Olver first motion, relating to House Concur- -- an at-home parent, grandparent, aunt, Barcia Hilliard Ortiz rent Resolution 202, that vote will be uncle, neighbor, nanny, preschool, or child Barrett (WI) Hinchey Owens Becerra Hinojosa Pallone taken after debate has concluded on care center; Bentsen Holden Pascrell that motion. (4) child care needs of at-home parents and Berman Hooley Pastor If a recorded vote is ordered on the working parents should be given careful con- Berry Hoyer Payne sideration by the Congress; Bishop Jackson (IL) second motion, relating to Senate 927, Pelosi (5) any quality child care proposal should Blagojevich Jackson-Lee that vote will be postponed until Peterson (MN) reflect careful consideration of providing fi- Blumenauer (TX) Thursday, February 12, 1998. Bonior Jefferson Pickett nancial relief for those families where there Borski John Pomeroy f is an at-home parent; and Boswell Johnson (WI) Price (NC) (6) mothers and fathers who have chosen Boucher Johnson, E.B. Rahall DAYCARE FAIRNESS FOR STAY- and continue to choose to be at home should Rangel Boyd Kanjorski AT-HOME PARENTS be applauded for their efforts. Brown (CA) Kaptur Reyes Brown (FL) Kennedy (MA) Rivers Mr. GOODLING. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- Brown (OH) Kennedy (RI) Rodriguez to suspend the rules and agree to the ant to the rule, the gentleman from Cardin Kennelly Roemer Pennsylvania (Mr. GOODLING) and the Carson Kildee Rothman concurrent resolution (H. Con. Res. 202) Clay Kilpatrick Roybal-Allard expressing the sense of the Congress gentleman from California (Mr. MAR- Clayton Kind (WI) Rush that the Federal Government should TINEZ), each will control 20 minutes. Clement Kleczka Sabo acknowledge the importance of at- The Chair recognizes the gentleman Clyburn Klink Sanchez OODLING Condit Kucinich Sanders home parents and should not discrimi- from Pennsylvania (Mr. G ). Conyers LaFalce Sandlin nate against families who forego a sec- Mr. GOODLING. Mr. Speaker, I yield Costello Lampson Schumer ond income in order for a mother or fa- myself such time as I may consume. Coyne Levin Scott Mr. Speaker, I rise today to support Cramer Lewis (GA) ther to be at home with their children, Serrano House Concurrent Resolution 202, the Cummings Lipinski Sherman as amended. Danner Lofgren Sisisky The Clerk read as follows: equitable child care resolution, which I Davis (FL) Lowey Skaggs H. CON. RES. 202 introduced on January 27, 1998, to en- Davis (IL) Luther Skelton DeFazio Maloney (CT) Whereas studies have found that quality sure that any child care proposal that Slaughter this Congress may consider this year DeGette Maloney (NY) Smith, Adam child care, particularly for infants and young Delahunt Manton Snyder children, requires a sensitive, interactive, addresses the needs of parents who DeLauro Markey Spratt loving, and consistent caregiver; choose to stay at home to care for Deutsch Martinez Stabenow Dicks Mascara Whereas most parents meet and exceed the their child. Almost all of the child care Stark Dingell Matsui aforementioned criteria, circumstances al- proposals in Congress focus solely on Stenholm Dixon McCarthy (MO) lowing, often parental care marks the best Stokes expanding commercial child care, de- Doggett McCarthy (NY) form of child care; Strickland spite the fact that only 30 percent of Dooley McDermott Whereas the recent National Institute for Stupak Doyle McGovern Child Health and Development study found preschool children are cared for by paid Edwards McHale Tanner child care providers. And of that 30 per- Tauscher that the greatest factor in the development Engel McIntyre cent, an even smaller percentage are in Etheridge McKinney Taylor (MS) of a young child is ‘‘what is happening at Evans McNulty Thompson home and in families’’; commercial child care. We know the Farr Meehan Thurman Whereas a child’s interaction with his or majority of preschool children are Fattah Meek (FL) Tierney her parents has the most significant impact cared for by their mother or father who Torres Fazio Meeks (NY) on their development, any Federal child care stay at home for that purpose. Yet Filner Menendez Towns policy should enable and encourage parents Turner Federal child care proposals would in- Ford Millender- to spend more time with their children; Velazquez Frank (MA) McDonald 1 dicate that we should not consider Frost Miller (CA) Vento Whereas nearly ⁄2 of preschool children 1 those who stay home as child care pro- Furse Minge Visclosky have at-home mothers and only ⁄3 of pre- Gejdenson Moakley Watt (NC) school children have mothers who are em- viders. It is inconceivable to me that Gephardt Mollohan Waxman ployed full time; the Federal Government would tell H396 CONGRESSIONAL RECORD — HOUSE February 11, 1998 families that institutional care is the this bill should be bipartisan in nature. intervene even further than it has in only way to rear their children. Our consideration of this bill under local child care markets. The facts are If we want to help families with their suspension of the rules denies the that 73 percent of preschool children child care needs, we should help give members of the committee and the are cared for primarily by their parents parents more time to spend with their House an opportunity to amend this or relatives and that the Federal Gov- children and give them back more of legislation and include other child care ernment already sponsors a host of their own money so parents can afford priorities. child care programs. Five of these pro- the child care that best meets their I am confident that all the Members grams also provide direct payments or needs. in this body are deeply concerned subsidies for child care totaling about This resolution, the Equitable Child about the quality of child care received $11 billion this year. At the same time Care resolution, sends a clear signal to by our Nation’s children, and discus- only about 30 percent of American fam- the American people that we, the Con- sions about this topic are a worthwhile ilies with preschool children use paid gress, recognize there are a lot of fami- endeavor. However, the narrow theme child care while parents work. Con- lies out there making huge sacrifices of this legislation is certainly one of sequently, around 70 percent of the so that one of the parents can remain the many topics which should be dis- families, many with low incomes, who at home to care for their child. cussed when we are talking about child are struggling to provide quality care b 1730 care. This resolution’s narrow focus for children at home, would receive no highlights none of the vital issues support from the Clinton child care ini- Federal child care policy should no which should be a part of a national de- tiative. longer discriminate against at-home bate on child care. If there is money to spend, it should parents. We already have the problem I, along with the gentleman from go to all families with children. We with the marriage penalty in our in- California (Mr. MILLER), had intended should acknowledge that all mothers come tax. Federal child care policy to offer amendments to the bill which work, whether they decide to work at should not discriminate. Parents make would include those topics. We were home with their children or remain big sacrifices if they stay at home in not able to because it was not marked employed outside of the home. order to rear their children. It is time up in the committee. As part of the 1996 welfare reform we recognize those sacrifices. The families that we consider for law, we made two major reforms to The resolution does not deny or dis- child care are not those who choose to child care programs: First, block credit families where both parents are have one parent at home, as the resolu- grants totaling several major programs working hard to support their families, tion deals with; these are families in so that the States and localities would rather the purpose of the resolution is which both parents must work in order have flexibility in using Federal child to simply recognize that at-home par- to afford the expenses of daily life. care money; second, giving States $20 ents are child care providers also and There are families coping with the billion over 6 years to help pay for should not be forgotten in any kind of transition from welfare to work who child care for poor and low-income child care discussion that may go on need child care. These are the families families. this year. truly in need of child care assistance; CBO estimates that between 1997 and No child care proposal that discrimi- these are the families to which we 2002 spending on child care will in- nates against families based on their should be directing our attention. Un- crease by 38 percent without any addi- particular choice of child care should fortunately, the procedures under tional legislation. In response to the be actively considered. Families should which this legislation has been brought changes made by the welfare reform, be treated equally, and I would urge to the floor denies us an opportunity to States are now revamping and expand- my colleagues to make sure all fami- discuss that. ing their child care programs, espe- lies with child care needs are treated Our committee has traditionally op- cially to make them more effective in fairly and to make sure that at-home erated in a bipartisan fashion, but the helping mothers who leave welfare. Let parents are not forgotten in any child consistent manner and movement in us give the States a chance to get their care debate. which the majority is now moving leg- child care systems in place. Mr. Speaker, I reserve the balance of islation to the floor, without proper The child care credit in the Tax Code my time. committee consideration, is becoming is open-ended spending available to all Mr. MARTINEZ. Mr. Speaker, I yield a frequent practice. I can assure the Americans who pay Federal taxes. This myself such time as I may consume. chairman that I consider this a blatant source of Federal support for child care (Mr. MARTINEZ asked and was given override of the committee’s process, is also expected to grow substantially permission to revise and extend his re- and it is irresponsible and unjustifi- without the need for additional Federal marks.) able. I can only assume Election Year legislation. Mr. MARTINEZ. Mr. Speaker, this is politics has once again gripped the ma- The child care market is working a nice resolution but it is just a resolu- jority and incited their need to create well. Most parents report that they are tion, not a solution. I rise in protest an agenda. satisfied with their current child care not to the content of the resolution but I urge all Members, whether the ma- arrangement. The bottom line is that if to the manner it was brought to the jority or minority, to protect the proc- there is money to be spent by helping floor. ess which this House uses for thought- families raise their children, it should The bill itself is innocuous. Mr. ful consideration of legislation. be available to all families with chil- Speaker, we have a bill before us today Mr. Speaker, I reserve the balance of dren and not mandated from Washing- which has never been marked up in a my time. ton. committee; has never been the subject Mr. GOODLING. Mr. Speaker, I yield Mr. MARTINEZ. Mr. Speaker, I yield of a hearing. Only 2 weeks ago the reso- such time as he may consume to the such time as he may consume to the lution was scheduled to be marked up gentleman from Florida (Mr. SHAW), a gentleman from Missouri (Mr. CLAY), by the Committee on Education and gentleman I worked very closely with the ranking member of our committee. the Workforce. In fact, just prior to the last year to make sure that Repub- Mr. CLAY. Mr. Speaker, I thank the consideration of the bill, the gen- licans provided far more money than gentleman for yielding me this time. tleman from Pennsylvania (Mr. GOOD- the President asked to make sure that Once again the Republican majority LING), the chairman of the committee, child care was available so that the is running roughshod over House proce- postponed the markup subject to the transition from welfare to work would dures. The resolution before us today call of the chair. work. was never considered by the Committee Unfortunately, people on that side of Mr. SHAW. Mr. Speaker, I thank the on Education and the Workforce. It the aisle are now disregarding the com- gentleman for his very generous words. was rushed to the floor to produce mittee process by rushing this resolu- President Clinton’s $22 billion child sound bites for the 6 o’clock news. tion to the floor. I think that is very care initiative creates the impression This resolution focuses on the child wrong. It puts us in a position of this there is a national child care crisis and care needs of at-home parents, parents side and that side. Consideration of that the Federal Government needs to that, as the resolution states, have February 11, 1998 CONGRESSIONAL RECORD — HOUSE H397 foregone a second income to stay at Secondly, the Republican-led Con- enough despite working so hard. It is home with their children. Certainly the gress have provided tax relief for work- true that where the second family in- issue is worthy of discussion, however ing families through a $500 per child come is marginally helpful to the fam- it ignores the great needs of working tax credit that we would like to expand ily, then a small boost in a tax credit families where both parents work, it in this session of Congress, at the same or some other form of assistance may ignores the need to expand the Family time eliminating the marriage penalty help. But since the reality for most and Medical Leave Act, and it ignores in the Tax Code. families is that a second income is es- parents who are transitioning from But the real reason for this resolu- sential, it is essential for buying basic welfare to work. tion, Mr. Speaker, being on the floor needs like food, rent, and health care, If this resolution were fair, it would tonight, is the Clinton administra- than a small payment to stay-at-home reflect the priorities of working par- tion’s proposal shows a predisposition parents will not resolve the problem of ents as well as the at-home parents. in favor of institutionalized day-care, a most working families, that both par- Unfortunately, Mr. Speaker, the major- continuation of paternalistic govern- ents must work, and that child care is ity’s abuse of the legislative process ment, nanny government, and a dis- either too expensive, too far away, or bars us from having this discussion crimination against families, working too low quality, there are only two today. families where one spouse chooses to be places that workers can go to get as- Last Congress, Mr. Speaker, the Re- at home. sistance and basic family needs, either publican majority voted to cut Head We submit, Mr. Speaker, that as a from the wages their employers pay to Start, to cut child nutrition programs matter of public policy we want to them or from the government. and to eliminate the school lunch pro- make it more simple, not more dif- But with this resolution, the Repub- gram. The Republican majority on our ficult, for families who choose to have licans once again are opposing the re- committee last Congress actually one spouse remaining in the home for quirement that wages be sufficient to voted to cut child care by $2.5 billion, the benefit, for the welfare, for the nur- provide for the essentials of a family. despite the chairman’s boasts of the turing, for the upbringing of their chil- This resolution is also further puz- Republican accomplishments in the dren, we want to make it a little easier zling because in recent actions of the field of child care. for families to do that rather than to Congress to eliminate Federal welfare Mr. Speaker, now the Republican ma- continue this dependency on big gov- assistance, Congress voted last year to jority offers only empty resolutions in- ernment; rather to continue to believe stop paying poor mothers to stay at stead of real solutions to the Nation’s that paternalistic nanny government is home with their children, instead to go child care needs. Instead of just passing the solution rather than policies that out and get a job, because we believe resolutions, this Congress should be are truly family friendly. that the mothers of the children of our acting to ensure that all children, in- Mr. MARTINEZ. Mr. Speaker, I yield country would be better off. But now cluding those children whose parents 3 minutes to the gentleman from Cali- the Republican majority wants to use must work, receive affordable, high fornia (Mr. MILLER). another tax-based subsidy to pay moth- quality day-care. Instead of passing (Mr. MILLER of California asked and ers or fathers to stay at home, and empty resolutions, we should be taking was given permission to revise and ex- these are parents that are much better up President Clinton’s call for invest- tend his remarks.) off than the working poor or those ing $21 billion in helping all Americans Mr. MILLER of California. Mr. mothers that are on welfare. Somehow meet the challenge of raising a family. Mr. GOODLING. Mr. Speaker, I yield Speaker, today we are being offered a there is a consistency gap here. myself 30 seconds, just merely to say resolution in support of parents who Focusing on stay-at-home parents is that the free lunch program continues stay at home with their children who part of an effort to deceive the public primarily because of the present chair- are young. There is no dispute about into thinking that providing a small man of the Committee on Education the benefits a parent staying at home taxpayer subsidy to parents to stay at and the Workforce who had to fight with his or her children can bring to home is the equivalent of providing a constantly to make sure that they did that family, and on that basis alone small taxpayer subsidy to working par- not do away with the amount of money this resolution should, and will, pass ents that need that money to provide that comes from, quote, the paying with a bipartisan majority. for child care so they can stay in the customer. Otherwise the school lunch What is most notable and most trou- work force. program ends if providers do not get bling, however, are the issues not ad- In the first solution, the additional that money and then there are no free dressed in this resolution. First and income is not enough to keep parents lunches. So I want to make sure of foremost is the issue of wages. Too from having to work. But in the second that. many Americans are not earning instance, the additional support is cru- And secondly, again I want to repeat, enough to support their families with cial if these parents are going to be we Republicans gave $4 billion more just one income. Half of America’s able to hold on to the jobs that provide than the President asked for in the families with young children earn less the wherewithal for their families. whole child care effort last year. than $35,000 per year. This includes So while I welcome this opportunity Mr. Speaker, I yield 2 minutes to the families in which both parents work to work together on child care, I won- gentleman from California (Mr. RIGGS), full time at the minimum wage and der why it is that the majority cannot a member of the committee. earn only $21,400. grasp the larger picture of the child- Mr. RIGGS. Mr. Speaker, I thank the These are the families who have been care needs of America’s families. gentleman for yielding me this time, left behind in the boom economy, fami- Mr. GOODLING. Mr. Speaker, I yield and I want to respectfully and politely lies whose salaries have been flat-lined 11⁄2 minutes to the gentleman from take issue with the comments of the and benefits have been cut back while Pennsylvania (Mr. GEKAS), my neigh- ranking member of the full committee the stock market and the CEOs’ sala- bor. who just a moment ago said Repub- ries have skyrocketed. These are the Mr. GEKAS. Mr. Speaker, I thank my licans are not concerned about helping families who are forced to send both neighbor and colleague from Pennsyl- working parents. parents into the work force, the many vania for yielding this time to me, and To the contrary; that is why we made single parents who are forced to work I congratulate him on bringing this the House’s top priority House bill 1, more than one job. issue to the floor. the compensatory time bill, which Temporary employment agencies re- It is an important issue. And if we would allow working parents to ex- port that most of our employees are accomplish nothing more during this change overtime for time off in lieu of second breadwinners in the family and debate than to notify the public and to wages or income. It would give them that 75 percent of the people they em- spread the word that we are concerned more flexibility to meet the demands ploy are working because they have to. about child care, and particularly of their personal family situation and about those families that sacrifice in b would give them the same rights that 1745 order to have one parent remain home their public sector counterparts have Families are in a bind over child care with the children, then we have suc- had for years. because they simply cannot earn ceeded. No matter what the opposition H398 CONGRESSIONAL RECORD — HOUSE February 11, 1998 might say or what final vote may be As we take time today to applaud the (Mr. LEVIN asked and was given per- cast against this resolution, the Amer- lucky parents who can stay at home mission to revise and extend his re- ican people will know more following with their children, I wish we were also marks.) this about our concern about child care protecting working parents who risk Mr. LEVIN. Mr. Speaker, this resolu- than would otherwise be the case. the loss of their sole source of income tion draws our attention to an impor- In every issue that we have ever had because they do not have child care. tant need. Unfortunately, it could di- concerning taxation or its subordinate Mr. GOODLING. Mr. Speaker, I yield vide instead of uniting us. Our purpose tax credits, the cry of the American 21⁄2 minutes to the gentleman from should be to ensure that all children people is, is it fair, is there an element Florida (Mr. WELDON). should have the best care, whatever the of fairness in what you are about to do? Mr. WELDON of Florida. Mr. Speak- economic and family situations of Well, when we start to consider tax er, I thank the chairman for yielding, these children are. credits for child care, the American and I rise in support of this resolution. The administration has shown its people will immediately recognize that Let us review some facts about child- commitment to quality care for chil- those individuals who choose to have care options available to today’s par- dren. In 1996, early versions of welfare their children at home who will not be ents and what they are choosing. Fifty reform bills were vetoed in part be- benefiting from a child-care tax credit percent of parents choose to have one cause of inadequate attention to child program immediately will cry foul, it parent stay at home to raise their chil- care. This year, the administration has is not fair play. After all, a family who dren, most often the mom. Twelve per- proposed a series of child-care initia- sacrifices should not be put in a worse cent of parents tag-team by staggering tives. It has signaled its willingness to position than a family who chooses a their jobs so one parent is always at work together on a bipartisan basis to professional, commercial child-care sit- home. Thirteen percent of parents have address the issue of stay-at-home par- uation to care for their children. ents. Indeed, a number of us are work- In the name of fairness, in the name grandparents, aunts, or uncles care for their children. Eleven percent pay ing on ways to provide further assist- of avoiding foul play, we ought to sup- ance to families that would make it port this resolution. neighbors, nannies, and informal day- care providers. Only 16 percent of par- easier for a parent to stay at home Mr. MARTINEZ. Mr. Speaker, I yield with a young child. 21⁄2 minutes to the gentlewoman from ents choose formal day-care centers. Washington must not discriminate Perhaps because the Democrats’ re- California (Ms. WOOLSEY). port on the importance of family care (Ms. WOOLSEY asked and was given against the 50 percent of parents who for children is clear, the real purpose of permission to revise and extend her re- sacrifice a second income so one parent this resolution may be to protect a marks.) can stay home to raise their children. Ms. WOOLSEY. Mr. Speaker, I am These parents are making financial weak political flank of the majority. One example of this vulnerability oc- sorry to see this resolution on the floor sacrifices. Two-parent families, where curred when we battled over the long- today because I think that it would one parent stays home to care for the standing program of SSI for families have benefited from the Committee on children, have an income that is $20,000 with severely disabled children. All of Education and Workforce markup that per year below their two-earner coun- us agreed that we needed to get rid of was scheduled and then canceled. terparts. But those families choose to abuse in the program, but there were Since other members of the commit- pay that price because they know it is some in the majority who tried to end tee and myself had amendments to important to their children. Clearly, a modest cash payment to families offer to H.Con.Res. 202, I truly had as- most parents prefer informal day care with a truly handicapped child, even sumed that the committee would mark or staying at home with their kids. when the clear effect of that modest up and have it rescheduled. Silly me. I I am troubled by the President’s pro- help allowed one parent to stay at should have known that the majority posal. It discriminates against stay-at- home with the child. would not give members of the com- home parents. mittee an opportunity to improve the Let us not create an artificial wedge A December 12th, 1997, New York that pits working parents against resolution so that it would actually ac- Times article discusses new trends in knowledge the importance of all fami- those who stay at home with their chil- the 1990s that we must take into ac- dren. I urge Democrats to vote for this lies. count. The article states, ‘‘While the Certainly we should honor families resolution, but I also urge Republicans story of the 1960s, 1970s and 1980s was who can choose to have one parent at to join us in trying to improve child married women stampeding into the home with their young child. Certainly care wherever it is needed. labor market, the demographic sea of we should honor families where parents I look forward to working with my change is now in the process of revers- get up and go to work every day, but colleagues on both sides of the aisle to ing.’’ There are still twice as many cannot afford child care. And we should enact meaningful, comprehensive two-income marriages as one-earner also honor the people that were cov- child-care legislation that addresses families, but the gap is narrowing and ered in my amendment, those who give the needs of both working and stay-at- up or would be forced to give up their ‘‘it is a long-term trend.’’ Richard F. home parents and their children. This sole source of income because of the Hokenson, chief economist at the bro- is not an either/or proposition. In this lack of child care, keeping them from kerage firm Donaldson, Lufkin & Jen- respect, America should be one family. fulfilling their work requirements rette, believes that growth already has Mr. GOODLING. Mr. Speaker, I yield under the new welfare law. been substantial enough to explain myself 15 seconds. Had there been a committee markup, some otherwise puzzling business de- Mr. Speaker, just again to remind ev- I would have offered an amendment ex- velopments. After the last fall in mort- eryone in the Chamber and anyone lis- pressing the sense of Congress that we gage rates, in his view, families used tening that it was the Republicans last must increase from age 6 to age 11 the savings to allow one earner, usu- year who saw the need to increase when a single parent would be forced to ally the wife, to work part-time or funding for child care in order to make leave a child home if they were unable leave the job market altogether. the transition from welfare to work. to find an appropriate child care. Let us give parents what they want. We provided $4 billion more than the Mr. Speaker, our current law allows Let us reduce the tax burden so parents President asked for. And you cannot this exception only for single parents can care for their children as they see rebut that no matter how many times with children under 6 years of age. This fit. you go down in the well. means that some parents with children If the child tax deduction had kept Mr. Speaker, I yield 2 minutes to the as young as age 6 are forced to leave pace with inflation over the past 30 gentleman from Oklahoma (Mr. their children home alone before and years, it would be worth more than WATTS). after school, during school vacations, $7,500 per child today instead of $2,400. Mr. WATTS of Oklahoma. Mr. Speak- and all summer long. Or if the parents Let us pass this resolution. er, I rise in support of House Concur- choose to stay at home with their Mr. MARTINEZ. Mr. Speaker, I am rent Resolution 202 introduced by my young children, they lose their tem- privileged to yield 2 minutes to the good friend and colleague, the gen- porary assistance for needy families. gentleman from Michigan (Mr. LEVIN). tleman from Pennsylvania, Chairman February 11, 1998 CONGRESSIONAL RECORD — HOUSE H399

BILL GOODLING. And I commend him on Mr. GOODLING. Mr. Speaker, I yield Mr. Speaker, this particular resolu- this important initiative in behalf of one minute to the gentleman from tion has one thing in common for all America’s families. Pennsylvania, (Mr. FOX). parents, whether they are stay-at- For millions of American families Mr. FOX of Pennsylvania. Mr. Speak- home, single-parent, or two working- where both parents work or single par- er, the intent of the Goodling resolu- parent families: This resolution will do ents work, finding quality day care is tion is to ensure that any future child absolutely nothing for any of those always a great challenge and often a care initiatives recognize that all par- families. It is a true do-nothing resolu- great expense. When parents make the ents have child care needs regardless of tion. It seeks to create a false dichot- day-care choice, it is not done lightly whether they choose to have an at- omy between families in this country or without serious financial planning. home parent, grandparent, neighbor, and to pit one group against another, That fact is clear or should be clear to nanny or day-care center, care for their which is your typical Republican ap- every Member of this body. child. proach. It does nothing in terms of as- However, the fact that we are often The intent is to simply bring at- suring families, whatever their status, not clear on this is when parents elect- home parents into the child care dia- any additional support or assistance, ed the other option. The other option is log. There is no intent to favor at- direct or indirect. taking care of their children at home, home parents over child care centers. We have nearly a child care crisis in the option that most American fami- Seventy percent of preschool children parts of this country. It is a crisis for lies choose. That decision is also not are in families that do not pay for child any working family that cannot find made lightly, nor is it made without care. Many of these children are low- quality child care, as is true of millions serious financial planning, because in to middle-income families that strug- of families across this country. Instead most cases, this is the most expensive gle to provide home care for their chil- of dealing with this crisis in a biparti- option. Giving up a second income is a dren. Child care initiatives should san way, this Republican leadership is great financial burden to any family. focus on families that pay for child simply coming through with another So I strongly agree with my col- care as well as at-home parents who phony resolution instead of a real solu- provide child care. league and friend from Pennsylvania tion. Parents should not be penalized for that when we talk about providing fi- Mr. GOODLING. Mr. Speaker, I yield the type of child care they choose. Cir- nancial relief to parents of young chil- 1 minute to the gentleman from Dela- cumstances do not always permit many ware, (Mr. CASTLE). dren, we must not discriminate against parents, especially low-income parents, Mr. CASTLE. Mr. Speaker, I thank those who bear the greatest cost. to be at home with their children, and the gentleman for yielding me time. I And House Concurrent Resolution 202 Republicans have supported and were have some prepared remarks, but I recognizes the importance of at-home successful in earmarking $4 billion would just like to focus for my minute parents and their financial sacrifices. more over the 6 years, $20 billion total, on what we are dealing with here, be- And I urge my colleagues to vote in for States to provide for child care. cause I am becoming increasingly con- favor of this resolution. This is a great first step. The SPEAKER pro tempore. The gen- The House, of course, will revisit this cerned about what the Federal Govern- tleman from Pennsylvania has 6 min- issue with regard to tax credits and, of ment’s role in child care should be. utes remaining. The gentleman from course, the child development block I support the intent of this resolution California has 8 minutes remaining. grant, but the Goodling resolution is a to make sure stay-at-home parents are Mr. MARTINEZ. Mr. Speaker, I am great first step, and I hope Members part of the child care debate, but I am pleased to yield 1 minute to the gentle- will support H. Con. Res. 202. increasingly bothered by the fact that woman from Connecticut (Mrs. KEN- Mr. MARTINEZ. Mr. Speaker, I yield the President will come forward and NELLY). 2 minutes to the gentleman from say that we need to spend an additional Mrs. KENNELLY of Connecticut. Mr. Texas, (Mr. DOGGETT). $21.5 billion on child care, and we just Speaker, the legislation before us sug- Mr. DOGGETT. Mr. Speaker, we were spent some $22 billion over 5 years in gests that those who choose to stay at so fortunate in our family that my wife the welfare reform bill. I am concerned home with their children, do so, and I Libby could stay home with our two that we are putting stay-at-home par- agree. But we should remember that young daughters during their youth, ents with child care needs up against some parents just cannot do that. pursuing her graduate degree and de- those that have out-of-home child care We have single heads of households voting most of her time to them. There needs, and we are going to get into that have to go to work and have to is no doubt that that is the most im- some sort of battle which we are going leave their child in day care. In fact, it portant investment that our family has to escalate higher and higher in terms was not that long ago that we all ever made. There is absolutely no com- of the cost of what we are doing. agreed and decided to have our people plete substitute for the care of a loving I hope we as a Congress will sit down who were on welfare go to work and parent to a child. and not get divided on a political basis have to use day care. But, increasingly in this country, we in this particular circumstance, but sit We should also remember that an in- find single parent families and we find down and try to determine what the creasing number of couples both work two parent families where both parents real child care needs of Americans are, because they want to carry out that face economic barriers, and the only both at home and those who are not in American dream of owning their own way they can provide for their children the home, with respect to helping the home. is to both be out in the work force. And kids. Keep it within a cost basis that I know very few families in this coun- we can manage within our balanced b 1800 try, certainly not mine, where a spouse budget and go forward from there. I In short, what we are talking about, is willing to stay home, and able eco- urge all of us to think carefully about what we really need to do, is make sure nomically to stay home for 18 years. what we promised to deliver, lest we we have child care safer, better, and So it is that we come to this very raise expectations unrealistically or more affordable. If you doubt this, con- strange resolution. You see, the Presi- throw our balanced budget out the win- sider the figure that I think is abso- dent and our Democratic Caucus has dow. lutely correct, and that is 60 percent of had the courage to come forward and Mr. MARTINEZ. Mr. Speaker, I yield mothers who have children under the recognize that not all American fami- myself such time as I may consume. age of 6 do work outside the home. I lies are like mine or any other individ- Mr. Speaker, I would like to remind am planning on introducing legislation ual family. There are many families Members that the welfare bill reported for day-care to improve access to qual- with diverse needs, but there are few out of our committee in 1995, under the ity child care for parents in my home families in this country who do not at leadership of the chairman, would have State and across the Nation. What we some time in their life need child care. left 800,000 children without child care really should be talking about here is And there is a vast void in America and and cut $2.5 billion in funding. care for children, good care for chil- shortage across America in quality Mr. Speaker, I yield 3 minutes to the dren, safe care for children, whether child care to meet the needs and to gentlewoman from Connecticut (Ms. they are at home or in day-care. support loving parents. DELAURO). H400 CONGRESSIONAL RECORD — HOUSE February 11, 1998

Ms. DELAURO. Mr. Speaker, I rise in Mrs. JOHNSON of Connecticut. Mr. make sure we have quality child care, honor of the mothers and fathers who Speaker, this is an important resolu- so that anyone who works part-time, have the financial means or who make tion because in the process of making stays at home, who may ultimately the financial sacrifice necessary to public policy in Washington, we have need child care, cannot worry about stay at home with their children. I re- focused a lot of time, attention and re- their child having a loss of life or being gret that this resolution has chosen to sources on the cost of day-care, making injured. focus on one group of parents, while ex- day-care affordable for women coming Yet what we say in this one is we ne- cluding the families who, in order to off of welfare, helping families with the gate what the President has done with provide for their children, must have cost of day-care through, for example, the billions of dollars for child care for both parents in the work force. This the dependent care tax credit, but we working parents, and we put a resolu- resolution sets up a false conflict be- have given entirely too little attention tion that falsely represents to those tween working parents and stay-at- to the struggle of young families to try that this is something good for them if home parents. to stay home and take care of their they stay home. More than 3 million children whose own children. I want parents to be able to stay parents stay at home choose to send For those of you interested in this home. I applaud those who can stay their young children to preschool. resolution, I hope you will take a look home and sacrifice. But I find it divi- They want their children to benefit at the tax bill I introduced that would sive that we did not give the same care from the social and intellectual growth provide to stay-at-home moms during and tenderness to those welfare moth- that preschool can provide. Talk to the years when their kids are 0 to 3, 50 ers who need to stay home as well. most any parents, whether working or percent of that tax credit for staying I hope we can resolve this in a man- at home. Their concern is about finding at home, so they get some economic re- ner that promotes child care and fami- and affording safe, high-quality edu- lief for staying at home and providing lies and children and mothers together cational care for their children. that very important educational qual- in unity and not dividable. We need to support all parents in ity of care that is necessary to the Mr. GOODLING. Mr. Speaker, I yield their child care choices. Helping par- strong development of children in their myself the balance of my time to close ents who need to find good child care early years. this discussion. so they can work and helping parents Mr. Speaker, I support this resolu- Mr. Speaker, first of all, I want to who stay at home should be com- tion, and thank the gentleman from make sure that it was not the author of plementary and not competing efforts. Pennsylvania (Mr. GOODLING) for bring- this resolution that pitted one group Last October, the gentlewoman from ing it to the floor. against another; it was the President Florida (Ms. ROS-LEHTINEN) and I in- Mr. MARTINEZ. Mr. Speaker, I yield of the United States. It was the Presi- troduced a resolution honoring the the balance of my time to the gentle- dent of the United States who proposed child care givers who provide safe, edu- woman from Texas (Ms. JACKSON-LEE.) $22 billion additional dollars only for cational care for children of working The SPEAKER pro tempore (Mr. paid day care. He said nothing about and stay-at-home parents. Its compan- UPTON). The gentlewoman from Texas the parent that stays home. ion was introduced in the Senate by, is recognized for 2 minutes. b 1815 among others, Republican Senators Ms. JACKSON-LEE of Texas. Mr. ROBERTS and JEFFORDS. That biparti- Speaker, there is pain in this Chamber My resolution does not tell anybody san resolution, which has twice as today. The reason being, there are gen- we must do something about child many House cosponsors as the resolu- tlemen here, and women, who have care. Nor does it say we should not do tion we are discussing today, is de- come and advocated on behalf of fami- anything about child care. It does not signed to recognize and promote high- lies and children. We would want to be say, this is the way you do it. All this quality care used by stay-at-home and able to stand on the floor of the House resolution says is that if someone is working moms and dads. and say that any resolution that comes going to discuss child care, if there is Why has the Republican majority re- going to be child care legislation, then fused to move that resolution forward? before us dealing with the need of mil- let us think about all parents, let us Why has it chosen to pit one group of lions and millions of American fami- think about all children. That is all the parents against another? lies, those that work and those who Whether parents stay at home or go have made the sacrifice to stay home, resolution says. Since the President to work, quality child care is a crucial is the kind of resolution that we would only talked about those families who issue. Parents know their children need like to support. pay for child care, this resolution safe educational care. CEOs know that But, frankly, I am disturbed, because merely says think about the families high educational care must be impor- what this resolution does, albeit Mem- also. tant for their work force and a strong bers will decide for themselves, is it So I would hope everyone would sup- economy. Police officers know that pitches one group against another. It port the resolution because it has noth- high-quality child care provided early pitches those single parents and work- ing to do with much of what we have in life and before and after school re- ing families who cannot do anything heard; it has only to do with the fact duces juvenile delinquency and chronic else but work hard, long hours and get that all parents and all children should crime. Across our Nation, churches and up on the buses at 4 a.m., and they be considered in any debate, any dis- synagogues donate classrooms to make need child care. cussion, any legislation that we may quality child care more affordable and Do you know who else it talks about? enact this year. more accessible to millions of families. It talks about those welfare mothers Mr. FRANKS of New Jersey. Mr. Speaker, Parents, business leaders, law enforce- that we debated 2 years ago when we this afternoon, Congress will vote on DayCare ment officers and religious commu- said they do not need to stay home Fairness for Stay-at-Home Parents, a resolu- nities across this country recognize the with their children, they simply need tion recognizing the importance of stay-at- importance of safe, educational child to get up and get out. home parents and the care they give their care. We in this Congress must do that Now all of a sudden, Mr. Speaker, we kids. as well. are concerned about those parents who I plan to support H. Con. Res. 202, because Mr. Speaker, I urge Members on both want to stay home with their children, I believe that the Federal Government has for sides of the aisle to stop the divisive and I am as well. As a member of the too long discriminated against parents who practice of setting up parents against Congressional Children’s Caucus, we choose to stay at home to raise their children. each other. Let us work together. Let join together to say we promote chil- We as lawmakers need to recognize the sac- us pass legislation this year that helps dren as a national agenda. Therefore, I rifices these parents make to be at home with provide parents with the best possible support the idea of making sure we their kids, and encourage the kind of care that educational care for all of the children have the right kind of child care. only they can give. in this country who need it. This resolution, however, is a divi- But a sense of Congress means nothing un- Mr. GOODLING. Mr. Speaker, I yield sive one. I would much prefer that we less we back these words up with action. We 1 minute to the gentlewoman from came to the floor of the House and had should pass legislation that brings real tax re- Connecticut, Mrs. JOHNSON. the kind of structure and structures to lief to parents who stay at home. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H401 The keystone of our child care effort should This resolution makes sense for the Amer- most Americans. High taxes limit parents' free- be to reverse current federal tax policy which ican people. It is important that we acknowl- dom and ability to address the needs of their effectively discriminates against parents who edge the importance of stay-at-home parents families. Mothers and fathers don't need ex- choose to stay at home to raise their children. and we should not discriminate against fami- perts and polls to tell them what they already That is why I am introducing legislation lies who make the economic sacrifice to stay know in their hearts to be true. What parents today that will universalize the Dependent at home with their children. really need is more time to spend with their Care Tax Credit (DCTC) to give stay-at-home There can be no doubt. In this day and age children, and more money to meet the finan- parents tax relief equal to that received by such a decision carries and economic price. If cial needs of their family. parents who choose to leave their children a mother stays at home there has got to be President Clinton has proposed a child care with an outside caregiver. Under my bill, par- some recognition in the tax code for her con- package that ignores these fundamental con- ents who stay at home with their pre-school tribution. cerns of parents. His plan creates a bias age children will receive credit on $2,400 of For my way of thinking, we need to make it against mothers who have sacrificed an in- expenses for one child, and $4,800 for two or more attractive for a family to make the deci- come to raise their children at home. Instead, more children. sion for one parent to stay at home. It is a we should make it possible for as many chil- The Dependent Care Tax Credit (DCTC) is struggle, but one that is worthwhile. dren as possible to enjoy the benefit of full- currently available only to working parents for Stay-at-home parents are carrying on the time parental care during their early years. expenses related to non-parental child care. In traditions of our mothers and grandmothers. Non-parental care is second-best for young effect, the DCTC subsidizes parents to leave Those of us who were fortunate enough to children and in some cases can even be their children in the care of others. In my view, have enjoyed the luxury of having our mothers harmful. This resolution is a first step toward this is a fundamentally misguided and harmful stay-at-home realize what a great gift this was. making sure Congress passes laws that are policy. This is our opportunity to show the value we While I support H. Con. Res. 202, parents good for children, not bureaucrats. place on the loving care that only a parent can Families should not be penalized by Wash- who sacrifice a second income to stay at provide. home with their kids deserve more than just a ington, DC for the personal choices they I chose to stay-at-home full time with my make, since parentsÐnot bureaucratsÐknow pat on the back. Let's show stay-at-home par- children. We need to help make such a choice ents that we mean what we say. Support ex- what is best for their children. available. While there are many who are not As responsible legislators, we should not tending the Dependent Care Tax Credit. able to afford allowing one parent to stay-at- American's families and our children will be take away the choice of parents to stay home home, we must help make it more equitable and take care of their children. We ought to better off for it. for those trying to be full time homemakers. Mr. GILMAN. Mr. Speaker, I support H. enable an average family to survive in ordi- We need to remember both the parents who Con. Res. 202, legislation designed to ensure nary comfort on a single income. We can no must place their child in care outside the that parents who choose to stay home and longer guarantee this choice, however, be- home, and the parents who are struggling to provide child care are not excluded from any cause of the crushing tax burden on families afford keeping their child in care in the home. future child care tax credits. raising children. To the extent that our tax poli- This is only the beginning of what I believe Our children are our most important re- cies are squeezing parents and forcing both will be a constructive debate on this subject of source for the future. Studies show that quality into the work place, we are inflicting real harm those who need affordable quality child care. child care from a loving and interactive care- on children. giver is imperative to the growth and emo- Support the Goodling resolution. Lets not forget the stay at home moms. I encourage this Congress to continue in our tional development of infants and young chil- Mr. GALLEGLY. Mr. Speaker, I am proud to efforts to give all families the flexibility, choice, dren. Parents are the most significant influ- be an original cosponsor of H. Con. Res. 202, and freedom they need to provide for their ence on their children. They are often the best the Equitable Child Care Resolution, which en- families and raise their children in the manner caregivers, combining love and attention in the they see fit, and we can only do so by promot- comfort of the child's home. sures that all families with children will be in- cluded in future discussions on child care pro- ing policies of equity that place value and trust Parents who choose to stay at home and in the ability of parents to do what is right for care for their children often sacrifice a much posals. It is important to recognize that all parents their children. needed second full time income. The average Mr. PAYNE. Mr. Speaker, I would like to income of two parent families with a single in- have child care needs, whether they choose to raise some concerns I have regarding House come is $20,000 less than the average in- stay home, depend on a family member or uti- Concurrent Resolution 202. This year Presi- come of two parent families with two incomes. lize a day care center for their child. The fact dent Clinton has brought to public debate the At least 70 percent of preschool children are that more than seventy percent of children are most pressing dilemma for American families. in families that do not pay for child care and cared for by an at-home parent or relative, That dilemma is finding and affording appro- many of these families are struggling to make while most of the proposals before Congress priate child care. In the State of New Jersey, ends meet. These families should not be dis- focus solely on commercial child care, reveals an estimated 56 percent of all women with criminated against for their decision to put the need for such a resolution. children ages 6 and younger are employed their children first. Any congressional proposal Furthermore, this resolution states that any and 75% of mothers with children between the that increase child care funding should also financial relief considered for parents who provide financial relief to families that choose work outside the home should also be con- ages of 6 and 11 work outside the home. Un- in order that a parent stay home and care for templated for families with at-home care fortunately, the cost of affordable care can be their young child. givers. There should not be a bias against at- between $4,000 and $10,000 annually. We Therefore I support H. Con. Res. 202, a res- home parents, who many times forego a sec- must also take into account the fact that if olution that will protect a families' choice to ond salary to be home with a child. both parents work at full time minimum wage have one parent stay at home and care for a This resolution will start the child care de- jobs they together will earn only $21,400 a small child. I urge my colleagues to join in bate off on the right path by emphasizing the year. The need for some type of guidance and support of H. Con. Res. 202. fact that there are many forms of child care. relief could not be more apparent in New Jer- Mrs. ROUKEMA. Mr. Speaker, I rise today In seeking a federal policy, we should not sey and nationwide. in support of the resolution offered by Chair- favor one form of child care over another. Unfortunately, the resolution we will con- man GOODLING. Ms. DUNN. Mr. Speaker, as a working sider today does not address the issue of ac- Each and every day, Americans struggle to mother, I can identify with the millions of par- cess to quality child care. Instead it requires balance the competing demands of work and ents across this country who find themselves that we focus our attention on parents that family. That's why this Congress has a re- torn between the competing responsibilities of choose to stay at home rather than go to sponsibility to address the growing child care work and family. For many families, there is work. I am pleased that some parents have crisis in America in a common-sense, fiscally no choice harder to make than whether to such an option and I salute their commitment prudent, ``real-world'' way. work, and put your child in the care of others, to their families. However, this resolution does But as we move to craft legislation that ad- or to forego a second income to care for your not address the real problem that most con- dresses the needs those families who must child yourself. cerns parents which is affordable child care. I have both parents work due to economic ne- The majority of mothers I have talked with believe we must first address the need of cessity, we also must be careful to recognize would prefer to work part time, or not work at those parents who do not have a choice to those families who have decided to pursue on all, in order to care for their children. Unfortu- stay home and supply them with the best op- another course. nately, that choice is not financially feasible for tions to find appropriate child care. I am also H402 CONGRESSIONAL RECORD — HOUSE February 11, 1998 concerned that this resolution includes a mis- Blumenauer Gallegly Maloney (CT) Sandlin Snowbarger Torres Blunt Ganske Maloney (NY) Sanford Snyder Towns representation of facts that does not accu- Boehlert Gejdenson Manton Sawyer Solomon Traficant rately reflect the reality of the child care di- Boehner Gekas Manzullo Saxton Souder Turner lemma in this country. It also largely ignores Bonilla Gephardt Markey Scarborough Spence Upton those who are committed to caring for children Bonior Gibbons Mascara Schaefer, Dan Spratt Velazquez Borski Gilchrest Matsui Schaffer, Bob Stabenow Vento who are relatives but not immediate family Boswell Gillmor McCarthy (MO) Schumer Stark Visclosky members. These individuals are also important Boucher Gilman McCarthy (NY) Scott Stearns Walsh and deserve recognition by Congress in child Boyd Goode McCollum Sensenbrenner Stenholm Wamp care legislation. For example, a study con- Brady Goodlatte McCrery Serrano Stokes Waters Brown (CA) Goodling McDade Sessions Strickland Watkins ducted by the Department of Commerce found Brown (FL) Gordon McDermott Shadegg Stump Watt (NC) that grandparents and other non-parental rel- Brown (OH) Goss McGovern Shaw Stupak Watts (OK) atives provide about 35% of the primary care Bryant Graham McHale Shays Sununu Waxman Bunning Granger McHugh Sherman Talent Weldon (FL) for African American and Hispanic families. Burr Green McInnis Shimkus Tanner Weldon (PA) This resolution only focuses on stay at home Burton Greenwood McIntosh Shuster Tauscher Weller parents and ignores other individuals that Buyer Gutierrez McIntyre Sisisky Tauzin Wexler have a need to be compensated for their com- Calvert Gutknecht McKeon Skaggs Taylor (MS) Weygand Camp Hall (OH) McKinney Skeen Taylor (NC) White mitment to caring for children. Campbell Hall (TX) McNulty Skelton Thomas Whitfield I must finally remind my colleagues that the Canady Hamilton Meehan Slaughter Thompson Wicker U.S. House of Representatives voted to send Cannon Hansen Meek (FL) Smith (MI) Thornberry Wolf Smith (NJ) Thune Woolsey millions of stay at home parents back into the Cardin Hastert Meeks (NY) Carson Hastings (FL) Menendez Smith (TX) Thurman Wynn workforce only three years ago by passing Castle Hastings (WA) Metcalf Smith, Adam Tiahrt Young (AK) welfare reform legislation. This resolution Chabot Hayworth Mica Smith, Linda Tierney Young (FL) sends the message that while we will encour- Chambliss Hefley Millender- ANSWERED ‘‘PRESENT’’—3 age middle and upper class parents to stay at Chenoweth Hefner McDonald Christensen Herger Miller (CA) Frank (MA) Martinez Payne home we do not believe that the value of a Clay Hill Minge NOT VOTING—18 stay at home parent is as important for low in- Clayton Hilleary Moakley come children. This message is a disturbing Clement Hilliard Mollohan Callahan Lantos Obey Clyburn Hinchey Moran (KS) Conyers Linder Poshard one and not one that I will support. Coble Hinojosa Moran (VA) Doolittle Miller (FL) Schiff Mr. GOODLING. Mr. Speaker, I yield Coburn Hobson Morella Eshoo Mink Smith (OR) back the balance of my time. Collins Hoekstra Murtha Gonzalez Myrick Wise Combest Holden Neal Harman Nadler Yates PARLIAMENTARY INQUIRY Condit Hooley Nethercutt Mr. HEFNER. Mr. Speaker, I have a Cook Horn Neumann b 1836 parliamentary inquiry. Cooksey Hostettler Ney The SPEAKER pro tempore (Mr. Costello Houghton Northup Mr. BERMAN and Mr. DAVIS of Illi- Cox Hoyer Norwood nois changed their vote from ‘‘nay’’ to UPTON). The gentleman will state his Coyne Hulshof Nussle parliamentary inquiry. ‘‘yea.’’ Cramer Hunter Oberstar So (two-thirds having voted in favor Mr. HEFNER. Mr. Speaker, before we Crane Hutchinson Olver take the vote, if this resolution passes, Crapo Hyde Ortiz thereof) the rules were suspended and Cubin Inglis Owens what would be the next step in this leg- the concurrent resolution, as amended, Cummings Istook Oxley was agreed to. islation? Cunningham Jackson (IL) Packard The SPEAKER pro tempore. If the Danner Jackson-Lee Pallone The result of the vote was announced Davis (FL) (TX) Pappas as above recorded. concurrent resolution is adopted in the Davis (IL) Jefferson Parker House, it will go to the Senate. The title of the concurrent resolution Davis (VA) Jenkins Pascrell was amended so as to read: ‘‘Concur- Mr. HEFNER. It will go to the Sen- Deal John Pastor ate? DeFazio Johnson (CT) Paul rent resolution expressing the sense of DeGette Johnson (WI) Paxon The SPEAKER pro tempore. Yes, it the Congress that the Federal Govern- Delahunt Johnson, E. B. Pease ment should acknowledge the impor- will. This is a concurrent resolution. DeLauro Johnson, Sam Pelosi The question is on the motion offered DeLay Jones Peterson (MN) tance of at-home parents and should by the gentleman from Pennsylvania Deutsch Kanjorski Peterson (PA) not discriminate against families who Diaz-Balart Kaptur Petri forgo a second income in order for a (Mr. GOODLING) that the House suspend Dickey Kasich Pickering mother or father to be at home with the rules and agree to the concurrent Dicks Kelly Pickett resolution, House Concurrent Resolu- Dingell Kennedy (MA) Pitts their children.’’ Dixon Kennedy (RI) Pombo tion 202, as amended. A motion to reconsider was laid on Doggett Kennelly Pomeroy the table. The question was taken. Dooley Kildee Porter Mr. GOODLING. Mr. Speaker, I ob- Doyle Kilpatrick Portman f Dreier Kim Price (NC) ject to the vote on the ground that a Duncan Kind (WI) Pryce (OH) quorum is not present and make the Dunn King (NY) Quinn PERSONAL EXPLANATION point of order that a quorum is not Edwards Kingston Radanovich Mr. WISE. Mr. Speaker, I was called away present. Ehlers Kleczka Rahall Ehrlich Klink Ramstad on a family matter and was unable to be here The SPEAKER pro tempore. Evi- Emerson Klug Rangel to vote on H. Con. Res. 202, the Daycare dently a quorum is not present. Engel Knollenberg Redmond Fairness for Stay-At-Home Parents. The Sergeant at Arms will notify ab- English Kolbe Regula I ask that the RECORD reflect that had I sent Members. Ensign Kucinich Reyes Etheridge LaFalce Riggs been here I would have supported this meas- The vote was taken by electronic de- Evans LaHood Riley ure and voted ``aye.'' vice, and there were—yeas 409, nays 0, Everett Lampson Rivers answered ‘‘present’’ 3, not voting 18, as Ewing Largent Rodriguez f Farr Latham Roemer follows: Fattah LaTourette Rogan [Roll No. 13] Fawell Lazio Rogers GENERAL LEAVE Fazio Leach Rohrabacher YEAS—409 Filner Levin Ros-Lehtinen Mr. GOODLING. Mr. Speaker, I ask Abercrombie Baldacci Becerra Foley Lewis (CA) Rothman unanimous consent that all Members Ackerman Ballenger Bentsen Forbes Lewis (GA) Roukema may have 5 legislative days within Aderholt Barcia Bereuter Ford Lewis (KY) Roybal-Allard Allen Barr Berman Fossella Lipinski Royce which to revise and extend their re- Andrews Barrett (NE) Berry Fowler Livingston Rush marks on H. Con. Res. 202. Archer Barrett (WI) Bilbray Fox LoBiondo Ryun The SPEAKER pro tempore. Is there Armey Bartlett Bilirakis Franks (NJ) Lofgren Sabo objection to the request of the gen- Bachus Barton Bishop Frelinghuysen Lowey Salmon Baesler Bass Blagojevich Frost Lucas Sanchez tleman from Pennsylvania? Baker Bateman Bliley Furse Luther Sanders There was no objection. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H403 NATIONAL SEA GRANT COLLEGE ocean, coastal, and Great Lakes resources in- sea grant institutes of proposals for grants PROGRAM REAUTHORIZATION volving research, education, training, or ad- and contracts to be awarded under section ACT OF 1998 visory services administered by a person 205, providing, at a minimum, for standard- with expertise in such a field. ized documentation of such proposals and Mr. SAXTON. Mr. Speaker, I move to ‘‘(13) The term ‘sea grant college’ means peer review of all research projects. suspend the rules and pass the Senate any institution, or any association or alli- ‘‘(3) The Secretary shall by regulation pre- bill (S. 927) to reauthorize the Sea ance of two or more such institutions, des- scribe the qualifications required for des- Grant Program, as amended. ignated as such by the Secretary under sec- ignation of sea grant colleges and sea grant The Clerk read as follows: tion 207 (33 U.S.C. 1126) of this Act. institutes under section 207. ‘‘(14) The term ‘sea grant institute’ means ‘‘(4) To carry out the provisions of this S. 927 any institution, or any association or alli- title, the Secretary may— Be it enacted by the Senate and House of Rep- ance of two or more such institutions, des- ‘‘(A) appoint, assign the duties, transfer, resentatives of the United States of America in ignated as such by the Secretary under sec- and fix the compensation of such personnel Congress assembled, tion 207 (33 U.S.C. 1126) of this Act. as may be necessary, in accordance with SECTION 1. SHORT TITLE. ‘‘(15) The term ‘sea grant program’ means civil service laws; This Act may be cited as the ‘‘National a program of research and outreach which is ‘‘(B) make appointments with respect to Sea Grant College Program Reauthorization administered by one or more sea grant col- temporary and intermittent services to the Act of 1998’’. leges or sea grant institutes. extent authorized by section 3109 of title 5, SEC. 2. AMENDMENT OF NATIONAL SEA GRANT ‘‘(16) The term ‘Secretary’ means the Sec- United States Code; COLLEGE PROGRAM ACT. retary of Commerce, acting through the ‘‘(C) publish or arrange for the publication Except as otherwise expressly provided, Under Secretary of Commerce for Oceans and of, and otherwise disseminate, in cooperation whenever in this Act an amendment or re- Atmosphere. with other offices and programs in the Ad- peal is expressed in terms of an amendment ‘‘(17) The term ‘State’ means any State of ministration and without regard to section or repeal to, or repeal of, a section or other the United States, the District of Columbia, 501 of title 44, United States Code, any infor- provision, the reference shall be considered the Commonwealth of Puerto Rico, the Vir- mation of research, educational, training or to be made to a section or other provision of gin Islands, Guam, American Samoa, the other value in fields related to ocean, coast- the National Sea Grant College Program Act Commonwealth of the Mariana Islands, or al, or Great Lakes resources; (33 U.S.C. 1121 et seq.). any other territory or possession of the ‘‘(D) enter into contracts, cooperative agreements, and other transactions without SEC. 3. FINDINGS. United States.’’. regard to section 5 of title 41, United States (a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is (b) The Act is amended— Code; amended— (1) in section 209(b) (33 U.S.C. 1128(b)), as ‘‘(E) notwithstanding section 1342 of title (1) by redesignating subparagraphs (D) and amended by this Act, by striking ‘‘, the 31, United States Code, accept donations and (E) as subparagraphs (E) and (F), respec- Under Secretary,’’; and voluntary and uncompensated services; tively; and (2) by striking ‘‘Under Secretary’’ every ‘‘(F) accept funds from other Federal de- (2) by inserting after subparagraph (C) the other place it appears and inserting ‘‘Sec- partments and agencies, including agencies following: retary’’. within the Administration, to pay for and ‘‘(D) encourage the development of fore- SEC. 5. NATIONAL SEA GRANT COLLEGE PRO- add to grants made and contracts entered GRAM. cast and analysis systems for coastal haz- into by the Secretary; and ards;’’. Section 204 (33 U.S.C. 1123) is amended to ‘‘(G) promulgate such rules and regulations (b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is read as follows: as may be necessary and appropriate. amended by striking the second sentence and ‘‘SEC. 204. NATIONAL SEA GRANT COLLEGE PRO- ‘‘(d) DIRECTOR OF THE NATIONAL SEA GRANT inserting the following: ‘‘The most cost-ef- GRAM. COLLEGE PROGRAM.— fective way to promote such activities is ‘‘(a) PROGRAM MAINTENANCE.—The Sec- ‘‘(1) The Secretary shall appoint, as the Di- through continued and increased Federal retary shall maintain within the Adminis- rector of the National Sea Grant College support of the establishment, development, tration a program to be known as the na- Program, a qualified individual who has ap- and operation of programs and projects by tional sea grant college program. The na- propriate administrative experience and sea grant colleges, sea grant institutes, and tional sea grant college program shall be ad- knowledge or expertise in fields related to other institutions.’’. ministered by a national sea grant office ocean, coastal, and Great Lakes resources. SEC. 4. DEFINITIONS. within the Administration. The Director shall be appointed and com- (a) Section 203 (33 U.S.C. 1122) is amended— ‘‘(b) PROGRAM ELEMENTS.—The national pensated, without regard to the provisions of (1) in paragraph (3)— sea grant college program shall consist of title 5, United States Code, governing ap- (A) by striking ‘‘their university or’’ and the financial assistance and other activities pointments in the competitive service, at a inserting ‘‘his or her’’; and authorized in this title, and shall provide rate payable under section 5376 of title 5, (B) by striking ‘‘college, programs, or re- support for the following elements— United States Code. gional consortium’’ and inserting ‘‘college or ‘‘(1) sea grant programs which comprise a ‘‘(2) Subject to the supervision of the Sec- sea grant institute’’; national sea grant college program network, retary, the Director shall administer the na- (2) by striking paragraph (4) and inserting including international projects conducted tional sea grant college program and oversee the following: within such programs; the operation of the national sea grant of- ‘‘(4) The term ‘field related to ocean, coast- ‘‘(2) administration of the national sea fice. In addition to any other duty prescribed al, and Great Lakes resources’ means any grant college program and this title by the by law or assigned by the Secretary, the Di- discipline or field, including marine affairs, national sea grant office, the Administra- rector shall— resource management, technology, edu- tion, and the panel; ‘‘(A) facilitate and coordinate the develop- cation, or science, which is concerned with ‘‘(3) the fellowship program under section ment of a long-range strategic plan under or likely to improve the understanding, as- 208; and subsection (c)(1); sessment, development, utilization, or con- ‘‘(4) any national strategic investments in ‘‘(B) advise the Secretary with respect to servation of ocean, coastal, or Great Lakes fields relating to ocean, coastal, and Great the expertise and capabilities which are resources.’’; Lakes resources developed with the approval available within or through the national sea (3) by redesignating paragraphs (5) through of the panel, the sea grant colleges, and the grant college program and encourage the use (15) as paragraphs (7) through (17), respec- sea grant institutes. of such expertise and capabilities, on a coop- tively, and inserting after paragraph (4) the ‘‘(c) RESPONSIBILITIES OF THE SECRETARY.— erative or other basis, by other offices and following: ‘‘(1) The Secretary, in consultation with activities within the Administration, and ‘‘(5) The term ‘Great Lakes’ includes Lake the panel, sea grant colleges, and sea grant other Federal departments and agencies; Champlain. institutes, shall develop a long-range strate- ‘‘(C) advise the Secretary on the designa- ‘‘(6) The term ‘institution’ means any pub- gic plan which establishes priorities for the tion of sea grant colleges and sea grant insti- lic or private institution of higher education, national sea grant college program and tutes, and, if appropriate, on the termination institute, laboratory, or State or local agen- which provides an appropriately balanced re- or suspension of any such designation; and cy.’’; sponse to local, regional, and national needs. ‘‘(D) encourage the establishment and (4) by striking ‘‘regional consortium, insti- ‘‘(2) Within 6 months of the date of enact- growth of sea grant programs, and coopera- tution of higher education, institute, or lab- ment of the National Sea Grant College Pro- tion and coordination with other Federal ac- oratory’’ in paragraph (11) (as redesignated) gram Reauthorization Act of 1998, the Sec- tivities in fields related to ocean, coastal, and inserting ‘‘institute or other institu- retary, in consultation with the panel, sea and Great Lakes resources. tion’’; and grant colleges, and sea grant institutes, shall ‘‘(3) With respect to sea grant colleges and (5) by striking paragraphs (12) through (17) establish guidelines related to the activities sea grant institutes, the Director shall— (as redesignated) and inserting after para- and responsibilities of sea grant colleges and ‘‘(A) evaluate the programs of sea grant graph (11) the following: sea grant institutes. Such guidelines shall colleges and sea grant institutes, using the ‘‘(12) The term ‘project’ means any individ- include requirements for the conduct of priorities, guidelines, and qualifications es- ually described activity in a field related to merit review by the sea grant colleges and tablished by the Secretary; H404 CONGRESSIONAL RECORD — HOUSE February 11, 1998 ‘‘(B) subject to the availability of appro- terminate any designation under subsection and the Senate, notice of such action shall priations, allocate funding among sea grant (a). concurrently be provided to the Committees colleges and sea grant institutes so as to— ‘‘(d) DUTIES.—Subject to any regulations on Science and Resources of the House of ‘‘(i) promote healthy competition among prescribed or guidelines established by the Representatives and the Committee on Com- sea grant colleges and institutes; Secretary, it shall be the responsibility of merce, Science, and Transportation of the ‘‘(ii) encourage successful implementation each sea grant college and sea grant insti- Senate. of sea grant programs; and tute— ‘‘(d) NOTICE OF REORGANIZATION.—The Sec- ‘‘(iii) to the maximum extent consistent ‘‘(1) to develop and implement, in consulta- retary shall provide notice to the Commit- with other provisions of this Act, provide a tion with the Secretary and the panel, a pro- tees on Science, Resources, and Appropria- stable base of funding for sea grant colleges gram that is consistent with the guidelines tions of the House of Representatives and and institutes; and and priorities established under section the Committees on Commerce, Science, and ‘‘(C) ensure compliance with the guidelines 204(c); and Transportation and Appropriations of the for merit review under subsection (c)(2).’’. ‘‘(2) to conduct a merit review of all pro- Senate, not later than 45 days before any SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL posals for grants and contracts to be award- major reorganization of any program, PROGRAM. ed under section 205.’’. project, or activity of the National Sea Section 3 of the Sea Grant Program Im- SEC. 8. SEA GRANT REVIEW PANEL. Grant College Program.’’. provement Act of 1976 (33 U.S.C. 1124a) is re- (a) Section 209(a) (33 U.S.C. 1128(a)) is SEC. 10. ADMINISTRATIVE LAW JUDGES. pealed. amended by striking the second sentence. Notwithstanding section 559 of title 5, SEC. 7. SEA GRANT COLLEGES AND SEA GRANT (b) Section 209(b) (33 U.S.C. 1128(b)) is United States Code, with respect to any ma- INSTITUTES. amended— rine resource conservation law or regulation Section 207 (33 U.S.C. 1126) is amended to (1) by striking ‘‘The Panel’’ and inserting administered by the Secretary of Commerce read as follows: ‘‘(b) DUTIES.—The panel’’; acting through the National Oceanic and At- ‘‘SEC. 207. SEA GRANT COLLEGES AND SEA (2) by striking ‘‘and section 3 of the Sea mospheric Administration, all adjudicatory GRANT INSTITUTES. Grant College Program Improvement Act of functions which are required by chapter 5 of ‘‘(a) DESIGNATION.— 1976’’ in paragraph (1); and title 5 of such Code to be performed by an ‘‘(1) A sea grant college or sea grant insti- (3) by striking ‘‘regional consortia’’ in Administrative Law Judge may be performed tute shall meet the following qualifica- paragraph (3) and inserting ‘‘institutes’’. by the United States Coast Guard on a reim- tions— (c) Section 209(c) (33 U.S.C. 1128(c)) is bursable basis. Should the United States ‘‘(A) have an existing broad base of com- amended— Coast Guard require the detail of an Admin- petence in fields related to ocean, coastal, (1) in paragraph (1) by striking ‘‘college, istrative Law Judge to perform any of these and Great Lakes resources; sea grant regional consortium, or sea grant functions, it may request such temporary or ‘‘(B) make a long-term commitment to the program’’ and inserting ‘‘college or sea grant occasional assistance from the Office of Per- objective in section 202(b), as determined by institute’’; and sonnel Management pursuant to section 3344 the Secretary; (2) by striking paragraph (5)(A) and insert- of title 5, United States Code. ‘‘(C) cooperate with other sea grant col- ing the following: The SPEAKER pro tempore. Pursu- leges and institutes and other persons to ‘‘(A) receive compensation at a rate estab- lished by the Secretary, not to exceed the ant to the rule, the gentleman from solve problems or meet needs relating to New Jersey (Mr. SAXTON) and the gen- ocean, coastal, and Great Lakes resources; maximum daily rate payable under section tleman from Hawaii (Mr. ABERCROMBIE) ‘‘(D) have received financial assistance 5376 of title 5, United States Code, when ac- under section 205 of this title (33 U.S.C. 1124); tually engaged in the performance of duties each will control 20 minutes. ‘‘(E) be recognized for excellence in fields for such panel; and’’. The Chair recognizes the gentleman related to ocean, coastal, and Great Lakes SEC. 9. AUTHORIZATION OF APPROPRIATIONS. from New Jersey (Mr. SAXTON). resources (including marine resources man- (a) GRANTS, CONTRACTS, AND FELLOW- (Mr. SAXTON asked and was given agement and science), as determined by the SHIPS.—Section 212(a) (33 U.S.C. 1131(a)) is permission to revise and extend his re- Secretary; and amended to read as follows: marks.) ‘‘(a) AUTHORIZATION.— ‘‘(F) meet such other qualifications as the Mr. SAXTON. Mr. Speaker, I yield Secretary, in consultation with the panel, ‘‘(1) IN GENERAL.—There is authorized to be considers necessary or appropriate. appropriated to carry out this Act— myself such time as I may consume. ‘‘(2) The Secretary may designate an insti- ‘‘(A) $56,000,000 for fiscal year 1999; Mr. Speaker, I rise in support of S. tution, or an association or alliance of two ‘‘(B) $57,000,000 for fiscal year 2000; 927, a bill to reauthorize the National or more such institutions, as a sea grant col- ‘‘(C) $58,000,000 for fiscal year 2001; Sea Grant College Program. This bill is lege if the institution, association, or alli- ‘‘(D) $59,000,000 for fiscal year 2002; and very similar to the legislation that I ance— ‘‘(E) $60,000,000 for fiscal year 2003. introduced in January, 1997, and in ‘‘(A) meets the qualifications in paragraph ‘‘(2) ZEBRA MUSSEL AND OYSTER RESEARCH.— fact, that bill passed the House with In addition to the amount authorized for (1); and 422 votes on June 18. ‘‘(B) maintains a program of research, ad- each fiscal year under paragraph (1)— visory services, training, and education in ‘‘(A) up to $2,800,000 may be made available Mr. Speaker, the bill that passed the fields related to ocean, coastal, and Great as provided in section 1301(b)(4)(A) of the House on June 18 by a vote of 422 to Lakes resources. Nonindigenous Aquatic Nuisance Prevention zero was virtually the same as this bill. ‘‘(3) The Secretary may designate an insti- and Control Act of 1990 (16 U.S.C. The House bill had the bipartisan sup- tution, or an association or alliance of two 4741(b)(4)(A)) for competitive grants for uni- port of 107 cosponsors, including the or more such institutions, as a sea grant in- versity research on the zebra mussel; gentleman from Alaska (Mr. YOUNG), stitute if the institution, association, or alli- ‘‘(B) up to $3,000,000 may be made available Committee on Resources chairman, the ance— for competitive grants for university re- gentleman from California (Mr. MIL- ‘‘(A) meets the qualifications in paragraph search on oyster diseases and oyster-related (1); and human health risks; and LER), ranking Democrat, and the gen- ‘‘(B) maintains a program which includes, ‘‘(C) up to $3,000,000 may be made available tleman from Hawaii (Mr. ABER- at a minimum, research and advisory serv- for competitive grants for university re- CROMBIE), ranking Democrat on the ices. search on Pfiesteria piscicida and other Subcommittee on Fisheries Conserva- ‘‘(b) EXISTING DESIGNEES.—Any institution, harmful algal blooms.’’. tion, Wildlife and Oceans. or association or alliance of two or more (b) LIMITATION ON CERTAIN FUNDING.—Sec- The version of the bill adopted by the such institutions, designated as a sea grant tion 212(b)(1) (33 U.S.C. 1131(b)(1)) is amended to read as follows: House was a compromise version adopt- college or awarded institutional program ed by the Committee on Resources and status by the Director prior to the date of ‘‘(b) PROGRAM ELEMENTS.— enactment of the National Sea Grant College ‘‘(1) LIMITATION.—No more than 5 percent the Committee on Science. Program Reauthorization Act of 1998, shall of the lesser of— The National Sea Grant College Pro- not have to reapply for designation as a sea ‘‘(A) the amount authorized to be appro- gram was established by Congress in grant college or sea grant institute, respec- priated; or 1966 to improve our Nation’s marine re- tively, after the date of enactment of the Na- ‘‘(B) the amount appropriated, sources and conservation efforts, to tional Sea Grant College Program Reauthor- for each fiscal year under subsection (a) may better manage those resources, and to ization Act of 1998, if the Director deter- be used to fund the program element con- enhance their proper utilization. mines that the institution, or association or tained in section 204(b)(2). S. 927, the National Sea Grant Col- alliance of institutions, meets the qualifica- ‘‘(c) NOTICE OF REPROGRAMMING.—If any tions in subsection (a). funds authorized by this section are subject lege Program Reauthorization Act of ‘‘(c) SUSPENSION OR TERMINATION OF DES- to a reprogramming action that requires no- 1997, authorizes funding for Sea Grant IGNATION.—The Secretary may, for cause and tice to be provided to the Appropriations through fiscal year 2003; simplifies the after an opportunity for hearing, suspend or Committees of the House of Representatives definition of issues under the Sea February 11, 1998 CONGRESSIONAL RECORD — HOUSE H405 Grant authority; clarifies the respon- and myself can support. There is no ture citizens, future citizens who will sibilities of State and national pro- reason to think that it will not con- not only look to protect our oceans and grams; consolidates and clarifies the tinue to do so; that is to say, respond coastal areas but also be trained to requirements for the designation of Sea effectively to local needs under its properly manage our marine resources. Grant colleges and regional groups; and usual effective peer review processes. I urge my colleagues to support the assures that the Sea Grant research I would like to express my apprecia- bill. This bill makes significant im- will be adequately peer reviewed. tion for the cooperation that we in the provements in the sea grant program It also authorizes funding for timely minority have received from the gen- by streamlining the proposal review research on oyster diseases and oyster- tleman from New Jersey (Mr. SAXTON) process, reducing the administrative related human health risks, Pfiesteria and the gentleman from Alaska (Mr. costs and clarifying the Federal and and other harmful algae blooms and YOUNG) and the staffs on this bill. university roles in the program. This zebra mussels. I can assure my colleagues that on program, in its 30-year history, has Mr. Speaker, I have carefully re- this bill any partisan considerations proven its value and worth to our coun- viewed the language in this Senate- were put to rest with respect to the try. I rise in support of the bill and I passed legislation and find it substan- thrust of the legislative activity under thank my colleague from Hawaii for tially the same as that passed here; consideration. This is not, therefore, a yielding me the time and also the and I support the changes approved by bipartisan bill, this is a nonpartisan chairman of committee for bringing the other body with the minor changes bill. I think all of us who represent this bill forward. we are making today. By enacting this coastal areas have long appreciated the Mr. ABERCROMBIE. Mr. Speaker, I legislation, we will be sending a clear benefits of this practical and non- yield 3 minutes to the gentleman from message supporting the conservation controversial program. It is a good bill, California (Mr. FARR). and researched-based management of reauthorizing a popular program. I am Mr. FARR of California. Mr. Speaker, our marine and coastal resources. glad we are doing it at this time. I I thank the gentleman from Hawaii for The Sea Grant program has been a most certainly urge the House to sup- yielding me the time and special big success, and I am pleased that after port this legislation. thanks to our chair of our great com- 3 years of hard work we are now poised Mr. Speaker, I yield 2 minutes to the mittee, the gentleman from New Jer- to extend this most important environ- gentleman from Texas (Mr. GREEN). sey (Mr. SAXTON). I rise on this issue mental program. (Mr. GREEN asked and was given because I think oftentimes Members do Mr. Speaker, I urge an ‘‘aye’’ vote on permission to revise and extend his re- not understand why a program like sea this important legislation. marks.) grant is so important to our Nation. Mr. Speaker, I reserve the balance of Mr. GREEN. Mr. Speaker, to show We are a Nation surrounded by water. my time. the support of Texas for the sea grant This whole globe is covered by water. Mr. ABERCROMBIE. Mr. Speaker, I reauthorization, I rise in support of the Essentially the future of the survival yield myself such time as I may con- National Sea Grant College program. of this planet is going to be dependent sume. The National Sea Grant College pro- upon how societies treat the ocean. (Mr. ABERCROMBIE asked and was gram was established in 1966 to provide When we think about the meeting of given permission to revise and extend wide stewardship over our marine and land and water, which is the coastal his remarks.) coastal resources. It is a partnership zones of this country, that is the most Mr. ABERCROMBIE. Mr. Speaker, I between universities, States, commu- fragile ecosystem there is on the planet too rise in strong support of the bill. S. nities and the National Oceanic and because most of the people on this 927 provides a strong reauthorization of Atmospheric Administration. planet live in the coastal zone. So what the National Sea Grant College Pro- The mission of the sea grant program happens is, if we do not understand gram which, for over 30 years, has ad- is to promote and sponsor research and what the significance is of using the dressed important local, regional and education and outreach aimed at the ocean, dumping in the ocean, relying national marine resource problems wise use of resources and the develop- on the ocean, we are going to be vic- through education, research and public ment and effective management and tims of something we do not under- outreach. conservation programs that target our stand. The legislation before the House is a Nation’s coastal and marine resources. We are already finding that as we compromise with the other body. It re- Texas A&M university has a Sea find fisheries that are overfished, as we authorizes Sea Grant for 5 years. It Grant College at Galveston, Texas find global climate change, all of these clarifies the roles of the national office which is actually in the district of the factors are dependent upon a program and the Sea Grant colleges. It gentleman from Texas (Mr. LAMPSON). that invests in collecting the best strengthens competitive peer review The program has spread throughout minds there are in the country to put for grants and contracts for research, the Gulf Coast of Texas and throughout some effort into studying the ocean. education and outreach, and generally the whole State. I represent the port of That is what the sea grant program is brings Sea Grant up to date as a mod- Houston. So my home State of Texas all about. ern education and research program. allows individuals to learn about the There are 26 colleges in the United The authorization levels in the bill ocean and the coastal environments States that receive grants from this. It will fully fund Sea Grant’s ongoing and innovative marine technologies. benefits the coastal States, benefits base program, while providing addi- The 29th district that I represent has the Great Lakes States. These pro- tional funding for certain research pri- the port of Houston and the port plays grams encompass advisory services, orities, which include nonindigenous a vital part in our economy and the public education for marine scientists species, oyster disease, and toxic mi- livelihood of our surrounding commu- and also for our kindergarten through crobe Pfiesteria. nities. Texas A&M’s Sea Grant College the 12th grade. So it is a program that provides business owners, fishermen is essentially looking into private sec- b 1845 and the community groups that live tor collaboration with the government, While I do not question the validity and work along the port of Houston an aquaculture program, coastal and of research in these areas, I regret that with information on how to achieve the estuarine research, marine bio- some Members have felt it necessary to most benefits economically while re- technology, marine fisheries manage- question whether all of these research sponsively conserving the environ- ment, and seafood safety. options are necessary. One of the sea ment. Without the sea grant program, You add it all up and this is really a grant’s great strengths over the years the citizens of Texas and our Nation very important program. Frankly, the has been its ability to respond rapidly will not stay current and be innovative Federal Government puts very little and effectively to local and regional and competitive with the rest of the money into it. We ought to put a lot needs, Mr. Speaker. I think that that is world. more. This whole issue is so important something that is now involved in the By reauthorizing the Sea Grant Col- that the world, other countries in the program in a way that both the gen- lege program through the year 2003, we world are involved along with us with tleman from New Jersey (Mr. SAXTON) have ensured that we will train our fu- an International Year of the Oceans. H406 CONGRESSIONAL RECORD — HOUSE February 11, 1998 This issue about what are we doing first funds were awarded to the grad- every Member of the House will want with authorizing the sea grant program uate school of oceanography at the to support. But this legislation is just is essentially we have made the admin- University of Rhode Island in Narra- an example of what can be done when istration of it much cleaner, much gansett. In 1971, the university was es- we work on a bipartisan basis. The gen- more specific, much more, I think, to tablished as a Sea Grant College, one of tleman from Hawaii (Mr. ABER- the interests of, broader interests of the first four in the country. The uni- CROMBIE), who has served for 3 years as this country, but we are also realizing versity was recertified as a sea grant the ranking member of the committee, that this agenda of engaging the institution most recently in 1985. has been a major, major contributor to smartest minds in this country is es- Rhode Island also serves as the proud the bipartisan spirit that has per- sentially an issue about survival, not host of the National Sea Grant Deposi- mitted us to move through issue after just survival of the United States but tory. Housed in the Pell Marine issue and, frankly, without rancor, and survival of the globe. This is money Science Library at the university, it frankly I cannot think of a time that well spent. This program is well done. houses over 55,000 scientific, technical we have come to the floor with major Let me just tell you a little story. and advisory and education and public legislation since the gentleman from Last year I was able to get a fellow in information reports on sea grant sup- Hawaii (Mr. ABERCROMBIE) has been the my office, Jennifer Newton. She has ported work throughout the world. ranking member when we have had a been so good at being a sea grant fellow The sea grant program has allowed disagreement. We work things out that I hired her when her fellowship many valuable research and edu- ahead of time. We do it in an amicable ended up to be in my program. So it cational projects to be funded in my way. As a result of that, we have been brings people into the Capitol who district, in my State and indeed able to pass legislation that deals with would not otherwise be here and allows throughout the country. Rhode Island the marine environment, been able to us access to good scientific minds. This alone has been the recipient of many pass a major legislation that deals with reauthorization is a step well taken. It programs that have been valuable in fisheries resources, major legislation has no partisan differences. It is what terms of providing new safety tech- that deals with the marine mammal, we do here in Congress best. niques for fish harvesting and environ- the Marine Mammal Protection Act. I am very proud to rise in support of mentally sensitive beach erosion tech- We passed legislation on protection of it and to thank my learned colleagues niques, pollution mitigation for Narra- coral reefs. We reformed the national for their support and particularly the gansett Bay and other estuaries and refuge system with new legislation last leadership of our chair and ranking streams and also valuable aquaculture year. member the gentleman from Hawaii that affects our State’s economy. b 1900 (Mr. ABERCROMBIE). Similar projects throughout the Mr. ABERCROMBIE. Mr. Speaker, I country have been wonderfully re- We were able to pass a bill to pro- yield 2 minutes to the gentlewoman ceived, have been very valuable not mote volunteerism in the refuge sys- from Texas (Ms. JACKSON-LEE). only to the research in and the edu- tem. We were able to pass coastal estu- Ms. JACKSON-LEE of Texas. Mr. cation that goes on at our universities ary issues to protect wetlands and so Speaker, I thank the gentleman for but, importantly, to the economy and on along many coastal areas of our yielding me the time. the economic well-being of our States. country, all because of the bipartisan This legislation particularly impacts These programs are aimed at not spirit that has been exhibited by the those of us in the coastal area of Texas only saving our wonderful resources gentleman from Hawaii (Mr. ABER- and as a Member of Congress that has but also improving the businesses that CROMBIE) and what he has brought to an adjoining district near the Houston use those resources. That is why it is the committee. port as well as the Galveston coastline, so significant that we have been able to Also, the gentleman is never at a loss we advocate clearly the need for legis- marry those two together in a very ef- for words when he is speaking up for lation that provides for such improve- fective way to provide great preserva- the sea grant program, which also ex- ment. I would argue that this is very tion of our resources while at the same ists at the University of Hawaii, I important legislation and also legisla- time recognizing its valuable input to would point out. He has been an out- tion that is long overdue. I would like our economy. standing advocate for his home, the to thank both the chairman and rank- I join my colleagues in recommend- humpback whale sanctuary and, of ing member for promoting this legisla- ing and supporting passage of this leg- course, the National Undersea Re- tion and I might say to have it on the islation. I would like to thank the two search Laboratory, which is also in Ha- suspension calendar so that we might managers of the legislation, the gen- waii. easily have it passed. I join my col- tleman from Hawaii (Mr. ABERCROMBIE) So I would just like to say it is not league, the gentleman from Texas (Mr. and the gentleman from New Jersey aloha, probably. He will still be a mem- GREEN), in advocating its importance (Mr. SAXTON), for their effort to bring ber of the committee, even though it for not only Texas but our local re- this to the floor. will not be the ranking member, and I gional area. Mr. ABERCROMBIE. Mr. Speaker, I will look forward to working with the Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may con- gentleman on these issues as they yield 3 minutes to the gentleman from sume. I would like to express once come back to visit us and many others, Rhode Island (Mr. WEYGAND). again my gratitude to the gentleman I am sure, along the way. Mr. WEYGAND. Mr. Speaker, I want from New Jersey (Mr. SAXTON) and ex- It has been a pleasure over these past to thank the gentleman from Hawaii press my very fond aloha to him and to 3 years serving with the gentleman (Mr. ABERCROMBIE) and the gentleman the committee staff. Mr. Speaker, I do from Hawaii, and I will look forward to from New Jersey (Mr. SAXTON) for not think anyone in the Congress is as continuing our relationship. bringing this legislation before us. It devoted to the subject matter over Mr. PALLONE. Mr. Speaker, for over three truly has bipartisan support. It is a which he has jurisdiction than the gen- decades, the National Sea Grant College Pro- wonderful program. It is a great piece tleman from New Jersey (Mr. SAXTON). gram has performed an extraordinary service of legislation. As many of the previous The ocean resources over which this not only to the State of New Jersey, but also speakers have mentioned, it does really Nation has sovereignty and the con- to the nation. Sea Grant is a competitive, affect so many different States, those cern that he expresses for this most merit-based, aquatic science program that of us that are on the ocean, those of us valuable of all resources is something benefits marine and freshwater industries, en- in the Great Lakes. that sets the benchmark, I think, for vironments, and communities of the United But as the ocean State, Rhode Island all of us regardless of party. States by applying science and technology to has a very proud and rich maritime Mr. SAXTON. Mr. Speaker, I yield problems of day-to-day concern. heritage. Not so coincidental the State myself such time as I may consume. I Few federal programs have achieved the has also had a proud and rich heritage would like to thank the gentleman for exceptional economic impact that the Sea with the sea grant program. My State’s his very kind remarks. Grant College Program has shown since its in- history with the National Sea Grant Mr. Speaker, this is good legislation ception in 1996. Research conducted through program dates back to 1968 when the and I am sure it is legislation that the Sea Grant Program is crucial to meeting February 11, 1998 CONGRESSIONAL RECORD — HOUSE H407 important objectives in the areas of aquatic re- stances to the atmosphere that in- And in my office this past year we source conservation and management, sus- crease ultraviolet radiation and alter had a Sea Grant fellow, a graduate stu- tainable development, technology innovation, the climate. We are inundated with dent who was learning how to apply and coastal and inland water quality. Further- news of disasters that affect our oceans her scientific background and research more, the program has proven to be very ef- and coasts, from harmful algal blooms to effective policy making. fective in transferring its scientific and tech- such as the Pfisteria outbreaks this This is a tremendously valuable, fis- nical results to industry as well as identifying past summer, to medical wastes wash- cally responsible program, and I urge and communicating local needs and problems ing up on our shores. you to support its reauthorization, as to Sea Grant program managers and re- I hope to be standing up in front of well as increased appropriations to the searchers. you soon to urge your support of the authorized amount in FY99. Recent examples of Sea Grant supported Oceans Act of 1997, H.R. 2547, legisla- Mr. LOBIONDO. Mr. Speaker, I rise in research and outreach activities that have tion which I have put together with my strong support of S. 927, the National positively impacted the lives of New Jersey colleagues to help ensure that our Sea Grant College Program Reauthor- residents include: coasts and oceans are properly taken ization Act. This is a long-awaited Sponsoring a commercial fisherman's safety care of for generations to come. measure that reorganizes the nation’s training program. Techniques learned in this I believe that Sea Grant is, and will foremost aquatic educational grant course enabled a first mate on a Cape May be, an integral part of efforts to better program for the challenges of the fishing vessel to save the life of his captain's understand, properly conserve, and Twenty-First Century. son during an accident at sea; sustainably use our marine resources. We have only begun to understand Supporting a ``red tide'' research effort to For over 30 years Sea Grant programs the depth of knowledge that our oceans examine nitrogen inputs into estuaries. This have supported high quality, competi- can yield to us. What little we have project has already developed into a full-scale, tive, peer reviewed science to better learned has done much to change hu- water quality monitoring and management understand these dynamic resources, manity’s perspective on its relation- project with potential for national applications; our effects on them, and to propose ship with the sea. And I am proud to and ways to minimize negative impacts say that Sea Grant has had a major Coordinating a partnership of the New Jer- while enhancing economic benefits. role in the progress made in aquatic re- sey, Delaware, and Maryland Sea Grant Pro- This information is then distributed to search at the Haskin Shellfish Re- grams with the Public Service Gas and Elec- the public and user-groups through search Laboratory, located in Port tric Company (PSE&G) for a massive marsh educational and advisory programs, so Norris, New Jersey. restoration effort on the Delaware Bay. This that they can manage and utilize these In noting the provisions contained in effort is the largest of its kind in the country resources in a sustainable manner. S. 927 that authorize grants for oyster and represents a unique collaboration of gov- And these programs are fiscally re- disease research, I am excited by the ernment, industry, academic and scientific in- sponsible. Federal funding for Sea prospect of one day seeing Southern terests. Grant must be matched by non-federal New Jersey watermen shovel bushels of To be competitive in the future, it is essen- contributions, and over half of the oysters from the Delaware Bay, as they tial that the U.S. develop a skilled workforce funding for Sea Grant programs comes did many years ago. Research under- that is scientifically literate and environ- from non-federal sources. taken in this area by Rutgers Univer- mentally sensitive. The National Sea Grant Sea Grant provides virtually the only sity, through the financial assistance College Program has been a leader in science funding for the study of marine re- of New Jersey Sea Grant, will hope- education from ``hands-on'' science experi- source policy, and is a major contribu- fully resurrect an industry that has all ences at the K±12 level, to supporting thou- tor to efforts in aquaculture, coastal but disappeared from the Second Con- sands of graduate students in aquatic and en- and estuarine research, marine bio- gressional District. vironmental science. Informal education of the technology, marine fisheries manage- Mr. Speaker, I urge all my colleagues general public and technical advice for busi- ment, and seafood safety. to support S. 927. nesses are also important aspects of Sea Funded at about $50 million dollars Mr. UNDERWOOD. Mr. Speaker, reauthor- Grant's education objectives. annually, a Sea Grant funded indus- izing the National Sea Grant College Program The National Sea Grant College Program is trial pollution model has already led to is not only an investment in the future of our truly a program worthy of our investment. I over $480 million dollars in savings for nation's marine resources, it is also sound thank the Chairman and Ranking Member for State pollution clean-up costs in the public policy. The various ingredients, such as bringing this bill to the floor today, and I look Great Lakes alone. scientific research, educational training, and forward to continuing to work with my col- Sea Grant efforts have led to en- community application, mixed into the complex leagues on this issue as the appropriations hanced fisheries management and pro- operation of a sea grant college benefit not process moves forward. duction, with direct economic benefits. only regions close to marine resources, but Mr. FARR of California. Mr. Speaker, In my own district, Sea Grant research the global population as a whole. For exam- as many of you know, this year has is being conducted on how coastal ple, Sea Grant developed the first systematic been designated the International Year upwelling affects larval survival in attempt to locate and establish new drugs of the Oceans. I am pleased that so rockfish, a study important to properly from marine components. early on in our legislative agenda, we managing the $10 million-a-year rock- The development of our coastal regions have the chance to vote for something fish fishery. means an increasing reliance on marine re- which so positively affects our under- There’s another project also under- search to generate intelligence policies. Con- standing, and wise management of our way to try to isolate medicinal prod- tributions in the area of aquatic resource man- ocean, coastal and Great Lakes re- ucts from marine algae. Sea grant pro- agement and sustainable economic develop- sources. grams have led to the discovery of ment has made Sea Grant a vital link between These resources are of great impor- more than 1,000 new compounds from scientific findings and local resource imple- tance not only to our economy and the marine organisms, and 14 new product mentation. For Guam, this aspect is vitally im- environment, but to our social and cul- patents to date. portant as we continue to attempt to fully uti- tural vitality, and even our national A third project in my district is deal- lize our Pacific resources. security. But we put incredible pres- ing with the important topic of pre- I also emphasize the National Sea Grant sures on these environments. Over half serving marine biodiversity, comparing College Program's contributions to science of our population lives in the 10% of the current diversity of the rocky education. Through various activities, such as land area defined as coastal. We have intertidal in Monterey Bay National the John A. Knauss Marine Policy Fellowship over-harvested many of the fish and Marine Sanctuary, one of the most bio- Program, thousands of students are intro- other living resources. We alter the logically diverse regions known, to di- duced to the wonders of marine science and physical environment, filling in wet- versity levels recorded in the 1970’s. research. Annually, Sea Grant supports 450 lands, dredging our harbors, and This research will put into perspective graduate students by employing them in re- bulkheading our shorelines. We pol- issues of long-term ecological stability search ventures. In addition, students from K± lute. We introduce alien species into and community persistence in the face 12 increase their marine knowledge through our ecosystems. We’re adding sub- of natural and human impacts. various Sea Grant sponsored activities. H408 CONGRESSIONAL RECORD — HOUSE February 11, 1998 The University of Guam collaborates in the mendous damage in the wake of violent fered by the gentleman from New Jer- Sea Grant Program through the University of nor'easters. sey (Mr. SAXTON) that the House sus- Hawaii. However, the people of Guam look Mr. Speaker, every coastal state can boast pend the rules and pass the Senate bill, forward to a separate Sea Grant status. The the achievements of its Sea Grant College S. 927, as amended. Marine Laboratory in the University of Guam Program and every state benefits from its The question was taken; and (two- has evolved into an important marine research work. The Senate passed this legislation by thirds having voted in favor thereof) center serving not only Guam, but the Com- unanimous consent and the House passed the rules were suspended and the Sen- monwealth of the Northern Marianas Islands, similar legislation, H.R. 437, last June, by a ate bill, as amended, was passed. the Federated States of Micronesia, the Mar- vote of 422±3. Therefore, please join me in re- A motion to reconsider was laid on shall Islands, and Palau. Guam has the sup- authorizing this worthy program. the table. Mr. YOUNG of Alaska. Mr. Speaker, I port of the Office of Insular Affairs in the De- f partment of Interior in this issue. strongly support S. 927, and I am very Clearly the National Sea Grant Program is pleased to see that we are considering it GENERAL LEAVE today. We began the process of reauthorizing essential not only to our understanding and Mr. SAXTON. Mr. Speaker, I ask the National Sea Grant College Program more utilization of our marine resources, but for our unanimous consent that all Members than three years ago, and I hope we can now economy, our environment and our students. I may have 5 legislative days within conclude it quickly. urge my colleagues to support its reauthoriza- which to revise and extend their re- tion. Sea Grant was established in 1966 in order to improve our Nation's marine resource con- marks and include extraneous material Mr. CASTLE. Mr. Speaker, I come before on S. 927, the Senate bill just passed. the House, today, to express my support for servation efforts, to manage those resources more effectively, and to enhance their proper The SPEAKER pro tempore. Is there S. 927, a bill to reauthorize the National Sea objection to the request of the gen- Grant College Program through FY 2003. use. The program is patterned after the highly successful Land Grant College Program, tleman from New Jersey? Established by Congress in 1966, the Na- There was no objection. tional Sea Grant College Program has fos- which is familiar to many of our non-coastal tered the wise use, conservation, and man- members. f For over 30 years, Sea Grant has success- agement of marine and coastal resources ELECTION OF MEMBERS TO COM- through practical research, graduate student fully achieved its goals through a unique com- bination of research grants, marine advisory MITTEE ON THE JUDICIARY AND education, and public service. services, and education. This year, Mr. Ron COMMITTEE ON NATIONAL SECU- I am proud that the University of Delaware RITY has been a part of Sea Grant since 1976 Dearborn, who does an excellent job as Direc- when it became the 9th institution to join. In tor of the Alaska Sea Grant College Program, Mr. SAXTON. Mr. Speaker, by direc- particular, the University of Delaware's pro- is serving as President of the Sea Grant Asso- tion of the Republican Conference, I ciation. Alaska's Sea Grant program has im- gram conducts research in environmental offer a privileged resolution (H. Res. proved our understanding of commercial fish studies, fisheries, marine biotechnology, ma- 354) and ask for its immediate consider- stocks, the factors affecting the size and rine policy, seafood science, and coastal engi- ation. health of those stocks, and the best economic neering. The Clerk read the resolution, as fol- uses for fishery resources. Using this informa- Graduates from its program have gone on lows: tion, we have developed effective manage- to make impressive contributions at the Na- S. RES. 354 ment regimes, and we continue to create more tional Academy of Sciences, the National Ma- Resolved, That the following Members be, jobs while minimizing long-term impacts to our rine Fisheries Service, Boston University and they are hereby, elected to the following fisheries. standing committees of the House of Rep- School of Medicine, the U.S. State Depart- Alaska Sea Grant also supports a com- ment, the Delaware Department of Natural Re- resentatives: prehensive Marine Advisory Service, which Committee on the Judiciary: Mr. Rogan of sources and Environmental Control, and a has provided industry training programs on California. host of cutting-edge corporations. topics ranging from marine safety and seafood Committee on National Security: Ms. The National Sea Grant College Program is technology to business management for fish- Granger of Texas. much more than a research institution. Its staff ermen and shoreside support facilities. The resolution was agreed to. reaches out to business owners, school- Through proper training, we ensure that our A motion to reconsider was laid on teachers, and government agencies to provide industries, businesses, and individuals who the table. them with objective information and assistance depend on productive fisheries can continue to f in addressing coastal problems and develop- do their jobs effectively. ing technology that benefits all of us. Sea Grant is a perfect example of the type SPECIAL ORDERS For example, the National Sea Grant Col- of program that we should support. The pro- The SPEAKER pro tempore. Under lege Program conducted important research gram produces tangible results that help solve on mosquito-eating fish that help curb dis- the Speaker’s announced policy of Jan- local and regional problems and, most impor- uary 7, 1997, and under a previous order ease-carrying mosquito populations naturally. tantly, it maximizes immediate and long-range They also developed technology both to recy- of the House, the following Members returns by matching Federal investments with will be recognized for 5 minutes each. cle crab shells into bandages and animal feed State and private funds. and to harvest pollution-free energy from The Resources and Science Committees f ocean waves. were unable to reach agreement on reauthor- One of the most important services the Na- TRIBUTE TO THE HONORABLE izing legislation in the last Congress. In this RONALD V. DELLUMS tional Sea Grant College Program provides is Congress, H.R. 437, which was introduced by assistance in protecting beaches, roads, build- my colleague, Jim Saxton, and a number of The SPEAKER pro tempore. Under a ings and wildlife along our fragile coastlines. other Members last year, and upon which S. previous order of the House, the gen- The sea Grant Program's research is respon- 927 is based, passed the House by a vote of tleman from Illinois (Mr. DAVIS of Illi- sible for developing a novel sand bypass sys- 422 to 3. nois) is recognized for 5 minutes. tem that protects coastlines from beach ero- S. 927 is similar to H.R. 437, it enjoys wide- Mr. DAVIS of Illinois. Mr. Speaker, sion. spread support, and I am confident that by last week many Members took the Unfortunately, the Clinton Administration has voting for it now we can finally reauthorize this floor to pay tribute to Representative not followed through on the investment this important program. Mr. Speaker, I urge an aye Ron Dellums. My schedule was such country made in the National Sea Grant Col- vote on S. 927. that I did not get an opportunity to do lege Program. In Delaware, the Administration Mr. Speaker, I have no further re- so at that time but I decided that I has commissioned study after study that quests for time, and I yield back the would come on this day so as not to shows the tremendous need to construct the balance of my time. miss the opportunity. coastal protection technologies developed by Mr. ABERCROMBIE. Mr. Speaker, I Mr. Speaker, to every man there is a the National Sea Grant College Program, but have no further requests for time, and way, a ways and a way, the high souls it refuses to honor its commitment to pay its I yield back the balance of my time. take the highway, and the low souls share of the construction costs. As a result, in The SPEAKER pro tempore (Mr. take the low. While on the misty flats the last two weeks, Delaware has suffered tre- NEY). The question is on the motion of- all the rest drift to and fro. To every February 11, 1998 CONGRESSIONAL RECORD — HOUSE H409 man there is a way, a ways and a way, his leadership on the issue of Medicare I ask my colleagues to join with me and each man decideth each way his coverage for venipuncture. in fighting to protect our seniors. soul shall go. Since Christmas, I have received hun- Mr. THOMPSON. Mr. Speaker, I rise today Such has been the life, career and dreds of letters and numerous phone as the representative of Mississippi 2nd Con- work of the Representative Ron Del- calls at both my home and office on gressional District in support of H.R. 2912, the lums, who has served his family, com- home care and the health of our elder- Medicare Venipuncture Fairness Act of 1997. munity, country and, yes, the world ly. Most of these people calling and This bill will delay the implementation of the with elegance and distinction. He has writing are scared. They are afraid for Venipuncture provision in the Balanced Budg- demonstrated courage and commit- themselves and for their loved ones. et Act 1997, Section 4615. The service is ment and has been loyal to those Why are they afraid? Because the re- greatly needed for elderly people who utilize causes which he deemed to be just. Ron cently passed Balanced Budget Act will home health services solely for venipuncture. has been an ambassador of democracy change their lives in a way that could Patients on Coumadin, a blood thinning agent, and a serious promoter of peace, rec- be devastating. need repetitive blood sampling and monitoring ognizing and realizing the difficulty of This change in coverage under Medi- to determine if their treatment is effective. The its attainment. care for a service known as loss of this venipuncture service for patients One of my colleagues recently said of venipuncture or, more simply, the on certain medications such as Coumadin Ron Dellums that he has made a dif- drawing of blood, was made without could result in life threatening episodes. ference. I agree with that assessment even a score from the Congressional The Mississippi Association for Home Care and go a step further. I say not only Budget Office. No hearings were held; estimates that eliminating the venipuncture has Ron made a difference but he is dif- no specific clinical examples were used. provision will affect Ten to Twelve thousand ferent. Ron marches to the beat of a We are being told that this will not patients in Mississippi alone. Punishing the different drummer. He is a thorough- have a strong impact on the lives of frail and elderly recipients who depend upon bred, a long-distance runner, tough and those who receive this service because home health services is not the intent of this tenacious. He is certainly one of the they can qualify in some other way for change, but will be the ultimate effect. best. He is in a class by himself. venipuncture services. According to the Health Care Financing When describing Ron, some people But what if they cannot? What if Agency (HCFA), the venipuncture provision like to refer to his stature. The young even a handful cannot get the services was placed into law under the Balanced Budg- fellow on the block where I live says, they need anymore? People could die. et Act of 1997 (BBA) in order to fight fraud ‘‘He is tall like pine, black like crow, People could actually die if we are not and abuse of the Medicare system. Mr. talk more noise than WVON radio.’’ sure about the impact of this change Speaker, I am committed to ending fraud and Ron reminds me of the words of Sir which became effective last week. In abuse. However, I do not support fighting Issac Watts when he said, ‘‘Were I so the court system in this country the fraud and abuse to the detriment of the Na- tall as to reach from poll to poll or jury must have evidence that can leave tion's elderly. I am also greatly concerned grasp the ocean with my span; I must no reasonable doubt of guilt to make a about this provision due to the fact that: There be measured by my soul, for the mind decision. How can we sentence our sen- were no hearings on the inclusion of this pro- is the standard of the man.’’ iors to this harsh change if we do not vision in the Balanced Budget Act, there was Ron Dellums. What a mind, what a have assurance that they will be pro- no Congressional Budget Office estimate man. A creative, piercing, probing, in- tected from harm? given on the venipuncture provision, and the cisive, thought-provoking, inspiring, For this reason I have introduced provision was based on anecdotal evidence charismatic, careful, considerate and H.R. 3137, the Medicare Venipuncture and there were no specific clinical examples deliberative mind. The mind to stand Seniors Protection Act, which will used as a justification for the provision. up when others sit down. The mind to delay the implementation of this legis- Therefore, I am in full support of H.R. 2912, act when others refuse to act. The lation for 18 months, giving us more which calls for the Secretary of Health and mind to stand even when you stand time to study the impact of this Human Services to delay the implementation alone, battered, bruised and scorned, change in coverage on our elderly and of Section 4615 of the Balanced Budget Act but still standing. Standing on prin- frail. This bill will also request specific for 18 months from the date of the enactment. ciple, standing tall and standing for information from Health and Human This delay will also allow further study on the the people. Services on the hardships of those in impact of the provision on the homebound frail And so, Ron, as you leave to look rural areas and what they will endure and elderly. after the needs of your family and pur- due to the effect of this new law. As I close, I would like to once again ex- sue other endeavors, take with you the I fear that those who recommended press my support for H.R. 2912 and thank words of this Irish proverb, ‘‘May the this change were thinking more of Representative RAHALL and Representative roads rise up to meet you, may the places like New York City than rural ADERHOLT for their work in bringing this legis- wind always be at your back, may the parts of Alabama, West Virginia and lation forth to protect the interests of sun shine warmly upon your face, and Texas, where people may not be phys- venipuncture patients. I urge my colleagues to until we meet again, may the good ically able to get to a doctor’s office or support this bill. Lord hold you in the hollow of his to have their blood drawn. This small hand.’’ 29-word provision that was inserted f A Luta Continua! into the Balanced Budget Act rather f hastily did not take into account the GENERAL LEAVE situation of States like Tennessee, for The SPEAKER pro tempore. Under a Mr. ADERHOLT. Mr. Speaker, I ask previous order of the House, the gen- instance, where under their State law lab technicians by law cannot leave the unanimous consent that all Members tleman from Florida (Mr. FOLEY) is may have 5 legislative days within recognized for 5 minutes. health care facility, leaving any home- bound person truly in need of which to revise and extend their re- (Mr. FOLEY addressed the House. His marks on the subject matter of my spe- remarks will appear hereafter in the venipuncture with very limited op- tions. cial order. Extensions of Remarks.) The SPEAKER pro tempore. Is there f We are all in favor of cutting out waste, fraud and abuse, but let us not objection to the request of the gen- IN SUPPORT OF MEDICARE throw the baby out with the bathwater tleman from Alabama? VENIPUNCTURE SENIORS PRO- by punishing the elderly and the frail There was no objection. TECTION ACT who have come to depend on these f The SPEAKER pro tempore. Under a services. Waste, fraud and abuse in a previous order of the House, the gen- Medicare system that has just been tleman from Alabama (Mr. ADERHOLT) saved from the brink of bankruptcy HR 2912 MEDICARE VENIPUNCTURE is recognized for 5 minutes. cannot be tolerated, but a truly home- FAIRNESS ACT Mr. ADERHOLT. Mr. Speaker, first bound elderly Medicare recipient The SPEAKER pro tempore. Under a let me say that I would like to com- should not be punished for the fraud previous order of the House, the gen- mend my colleague, the gentleman their health care provider is engaged tleman from West Virginia (Mr. RA- from West Virginia (Mr. RAHALL), for in. HALL) is recognized for 5 minutes. H410 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Mr. RAHALL. Mr. Speaker, I feel like the old to what Medicare's Fiscal intermediaries are Ms. SANCHEZ. Mr. Speaker, the Los farmer who was being severely chastised by saying. Angeles Times and the Orange County his fellow farmers for beating his mule over Fiscal intermediaries are saying: Register this weekend reported on one the head because he wouldn't respond to a venipuncture better not show up on ANY new of the fastest growing crimes in our simple ``gitty-up.'' The farmer gave the stub- claims received after February 5, 1998, even communities: financial and physical born old mule one final whap, and the beast in conjunction with another new SKILLED ben- abuse of seniors. And according to Or- of burden began moving swiftly ahead, pulling efit, because they will be denied. Fiscal inter- ange County’s adult protective serv- his load. The old farmer looked at his fellow mediaries are afraid of audits too. ices, most elder abuse is money moti- farmers, as he tossed the two-by-four on the But the most offensive thing I've heard yet vated. Seniors are the victims of var- back of the wagon for future use and said: is that one fiscal intermediary official stated ious financial scams, many of which First, you have to get their attention. that in fact he believed that without occur within the privacy of their own Last week I sent out a Dear Colleague venipuncture services, some of the patients homes by entrusted caretakers. about the termination of the Venipuncture could end up in the MORTUARYÐhis wordÐ Financial and physical abuse against home health benefit to get everyone's atten- not mineÐend up in the mortuary. seniors is on the rise. Last year, Or- tion by asking: Have we No Shame? And this same official also stated it was ``too ange County logged 3,419 elder abuse While it may have felt like a two-by-four to bad, so sad . . .'' about patients ending up in calls and predicted that about only one many, hopefully it went to the heart of this mortuaries. in six are reported. No wonder you need a two by four to get body so that it can move toward doing some- b 1915 thing about the fact that the wildly applauded, folks' attentionÐwhen those in charge of proc- history-making Balanced Budget Act contained essing home health benefit claims for the And in most of these cases the abuse language did, on February 5, 1998, terminate homebound, elderly, sick and terminally ill can occurs within the privacy of their own the 13-year old Venipuncture or blood drawing state publicly that it's ``too bad, so sad . . .'' homes. As many people grow older, re- procedure as a skilled home health benefit about former patients ending up at the local maining in their homes should increase under Medicare. morgueÐAND NO ONE RAISES AN EYE- the level of comfort and security and I hoped a two-by-four would alert them that BROW? peace of mind, not threaten them. That this lost benefit is having a severe, life-threat- I wish we could get a hearing on this matter. is why I fear the potential for abuse in ening impact on seniors, and that we need to I wish we could get a hearing and bring in this shared housing arrangements. Let us fix it. intermediary to the witness table and ask him prevent this abuse before it happens. We can and have spent hours on this floor to repeat his offensive statements for the pub- Shared housing agencies provide liv- renaming our National airport, but we have not lic record. I wish we could get the intermediary ing arrangements for seniors who wish spent any time on this floor talking about the to tell us why he thinks people might die with- to remain in their homes, but require gross and severe hardships caused by the out venipuncture. some additional care. An example of a loss of venipuncture as a home health benefit. I believe it is true that patients might die shared housing arrangement would be, I happen to think Venipuncture is more impor- without this benefitÐbut I guess as long as for example, if my mother had a vacant tant. they don't die in epidemic proportionsÐno one room in her house and needed someone My colleagues, we have a dire situation will care. to help her pay the bills and do her here. Well, I care. shopping, she could seek out someone We have HCFA promising that venipuncture I know of 71 Members of this House that in a shared housing arrangement. The can still be allowed, but we don't have HCFA care because they cosponsor H.R. 2912. agency would refer a potential care- My colleagues who are speaking during this explaining how difficult that could be. taker, who would live with her and We don't have HCFA spelling out that pa- special order tonightÐthey care, and I thank care for her in lieu of rent. Unfortu- tients need to get to their doctors and ask for them for caring. nately, we live in a society where vio- There are alternatives to terminating the a reevaluation leading to a new authorization lent crimes occur every day, and we benefit. Congress could grandfather in those for them to receive a NEW skilled care so that can no longer guarantee safety within patients now receiving venipuncture, but not venipuncture can continue. our own homes. But we can increase allow any new patients to be covered by the And we don't have a lot of doctors out there our level of safety through continued benefit except as described in the BBA. willing to take a chance on being audited preventive efforts. Or, Venipuncture could be retained as a themselves if they actually do re-qualify a I believe that the problem of crime skilled care, but placed under the requirement, former venipuncture patient for a new skilled is, at least in part, a problem of re- also in the BBA, that it be administered by care. sources. Until now, shared housing HCFA using normative standards as is re- We don't have HCFA spelling out that while agencies have not had the resources quired for other home health benefits under most areas, and assuredly not rural areas, necessary for proper safety for their Medicare. clients. And without the ability to don't have laboratory technicians that make I am listening and I am ready to work with check the backgrounds of clients, they house callsÐHCFA still insists that these el- the committees of jurisdiction, or with the Ad- confront constraints that hinder them derly, frail disabled patients contact a lab tech- ministration including the President, should he from increasing public safety. nician and ask them to make house calls in wish to use his executive order powers to Therefore, I have introduced H.R. order to draw bloodÐfor which HCFA will pay remedy this gross injustice against the frail el- 3181 to assist shared housing agencies the princely sum of $3. derly, disabled and terminally ill Medicare en- in preventing crime. This bill author- And it is a little known factÐbut some rolled patients throughout this entire country. izes shared housing agencies to run States have laws AGAINST lab technicians And while we are waiting to see how many background checks on potential care- leaving their labs for any reason to perform patients end up in the mortuary for a lack of takers. And this bill is not just about blood work in a patient's home. venipuncture benefits I ask you: Now if venipuncture patients CAN'T requal- ARE WE ASHAMED YET? background checks and fingerprinting, ify through their doctors for a NEW skilled The SPEAKER pro tempore. Under a it is about making our communities care benefit, and if the patients CAN'T find a previous order of the House, the gen- safer for all of us to live, it is a tool local lab technician willing to travel 50 to 100 tleman from California (Mr. RIGGS) is that shared housing agencies can use miles in rural America to make a house call for recognized for 5 minutes. to prevent violent crimes and to help a paltry $3, then venipuncture ISN'T avail- (Mr. RIGGS addressed the House. His protect our loved ones. ableÐis it? remarks will appear hereafter in the This bill provides the appropriate So, while it is technically correct for HCFA Extensions of Remarks.) mechanism to be proactive in stopping to day that patients can still get venipuncture, f abuse and fraud. But most impor- they don't spell out the two big ``IF's''Ðand so tantly, it gives us all the peace of mind the REALITY is that for the most part, FINANCIAL AND PHYSICAL ABUSE to know that our loved ones will be Venipuncture patients are out in the cold and OF SENIORS safely cared for within the privacy of without services and unlikely to obtain them The SPEAKER pro tempore. Under a their own homes. My bill establishes ever again. previous order of the House, the gentle- the necessary process to help combat And my colleagues, if you think doctors are woman from California (Ms. SANCHEZ) the potential for abuse in shared hous- afraid of the wrath of HCFA's auditors, listen is recognized for 5 minutes. ing. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H411 It is important to recognize that the home can still receive those services; ing that year and will place severe fi- bill does not mandate, does not man- however, the receipt of a venipuncture nancial strain on the program. Today date, an agency to run FBI checks on alone will not make that individual eli- there are about 4 workers for every re- their clients; it is merely a tool that gible for other home health services. tiree. By 2030 there will be just a little they can use if they choose to. It is Medicare will continue to provide over 2 for each retiree. flexible and voluntary. It allows each home health services for those who are Congress has to make fundamental agency to determine whether or not it homebound if the physician has cer- changes in the Medicare program to is beneficial for them to use the FBI in tified that home care is necessary and make sure it is there for recipients in order to guarantee protection for their has established a plan of care. the future, and one way to do that is to clients. And by allowing the State and The new law removes the root out fraud and waste in the Medi- FBI to run background checks, service ‘‘venipuncture loophole,’’ unquote, care system, and one way to do that is within housing arrangements will only which resulted in the provision of home to make sure that those who need a improve. Administrators will receive care to seniors who were not home- venipuncture, but only a venipuncture, comprehensive reports and will be able bound or who did not have a demon- can get those services through a draw to better determine what is a most strable medical need for home health but not necessarily get additional serv- suitable and safe match for their cli- services. Now, the reason for this is ices that are very, very costly. People ents. that once a very small part of Medicare need to consider that when they look I have been working very closely spending for home health care has in- at this provision. with the FBI and local police depart- creased at a very rapid rate in the last f ments, who agree that this bill can sig- decade. Even accounting for inflation, nificantly reduce fraud and physical home health care spending jumped THE FEDERAL RESERVE’S abuse. Currently there is no national more than fivefold between 1985 and PRICING PRACTICES standard, no operating procedure to 1996. While some of that expansion has The SPEAKER pro tempore. Under a screen potential home-sharers. Many been the result of an increase in the previous order of the House, the gentle- States have begun to run checks for number of seniors taking advantage of woman from New York (Mrs. MALONEY) child-care providers and for school home health benefits, an alarming is recognized for 5 minutes. teachers. Just as it is our responsibil- amount of the home health budget is Mrs. MALONEY of New York. Mr. ity to protect our youngest citizens, it lost to various forms of fraud and Speaker, the events of recent years is also our responsibility to ensure the abuse. have taught us time and again that we safety of our seniors. In hearings last year, the Committee should rely as much as possible on the I encourage my colleagues to cospon- on Commerce, on which I serve, heard private sector functioning in the com- sor H.R. 3181. from investigators from the General petitive marketplace to provide com- The SPEAKER pro tempore. Under a Accounting Office and the Office of the mercial-type services, particularly previous order of the House, the gen- Inspector General about the fraud services sold to business firms. tleman from Connecticut (Mr. SHAYS) rampant in the home health benefits. Where there is a Federal agency that is recognized for 5 minutes. One review, which included more than provides those types of services, we (Mr. SHAYS addressed the House. His 3,700 services in 4 States, found that 40 must closely examine its activities to remarks will appear hereafter in the percent, that is 40 percent, did not determine if it is competing fairly with Extensions of Remarks.) meet Medicare reimbursement require- its private-sector competitors. This be- f ments. comes more important when the agen- The SPEAKER pro tempore. Under a Another review of high-dollar home cy both competes directly with private- previous order of the House, the gen- health claims in one State found that sector firms and regulates those com- tleman from New Jersey (Mr. PALLONE) 43 percent should have been partially petitors. is recognized for 5 minutes. or totally denied. Equally troubling Mr. Speaker, the Federal Reserve is (Mr. PALLONE addressed the House. was an antifraud initiative by the De- using its role as competitor and regu- His remarks will appear hereafter in partment of Health and Human Serv- lator in the check processing system to the Extensions of Remarks.) ices that found that taxpayers were unfairly undercut the private sector. f footing the bill for the venipuncture They are using an accounting device loophole. Many physicians were found called the ‘‘pension cost credit’’ to sub- MEDICARE LEGISLATION to use blood monitoring as the sole rea- sidize the prices they charge banks, re- The SPEAKER pro tempore. Under a son for ordering home health services, sulting in an unfair handicap to the previous order of the House, the gen- resulting in numerous health aide vis- private sector. tleman from Iowa (Mr. GANSKE) is rec- its from Medicare beneficiaries with no When people hear the phrase ‘‘Fed- ognized for 5 minutes. medical need for skilled nursing or eral Reserve,’’ they think about inter- Mr. GANSKE. Mr. Speaker, I think it therapy. The average cost of drawing est rates, inflation, and other aspects is important that we inform the public blood for these individuals was over of monetary policy. However, the Fed in terms of a specific on the Medicare $100 because the visit was billed as a is not just about monetary policy and legislation that we passed last year. skilled nursing visit. banking supervision. Much of what the Many of our citizens are seeing articles If these same services were per- Fed does simply involves the process- in Newsweek Magazine and other mag- formed as a blood draw under Part B of ing of paper checks. The Fed charges azines about the rampant fraud and Medicare and the individual did not re- its banks a fee for the service it pro- abuse in Medicare, and so we have been ceive additional home health services vides. working on ways to try fix that. for which they were not qualified, In 1980, Congress passed the Mone- The Balanced Budget Act, which was Medicare would only pay $3 for that tary Control Act so that private sector enacted last year, incorporated a provi- specimen collection. Medicare could companies could fairly compete with sion regarding eligibility for home separately pay for the cost of a techni- the Federal Reserve in providing banks health care benefits. Previously, a cian to travel to the home of an indi- with these and other services. Accord- Medicare recipient who received vidual needing a venipuncture service ingly, the Fed must fully recover the venipuncture, drawing of blood, auto- if the beneficiary is unable to travel to cost of its services, which means it matically qualified for a full range of a doctor’s office or travel to a lab for a cannot use subsidized prices. other home health services, including blood draw. But that would still be sig- The Act specifically orders the Fed skilled nursing care, physical therapy, nificantly less costly than the $100 to establish the prices it charges based medical social services, and home billed because of a skilled nursing on the costs which it incurs in provid- health aide services for assistance with visit. ing its services plus the costs a private bathing, cooking and cleaning just for Mr. Speaker, the reforms passed by company would also have to consider, having a blood draw. Congress will help keep Medicare sol- such as the taxes it would have to pay. Under the new law, a Medicare recipi- vent until about the year 2010. The But instead of following the intent of ent requiring venipuncture services at wave of baby-boomers will begin retir- the Monetary Control Act, the Federal H412 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Reserve is using the ‘‘pension cost nues based on ITS surcharges. Consolidated This is $45 million of taxpayer money credit’’ to lower the prices it charges shippers, that is, banks that use ITS to ship which the Fed should have returned to banks for these services. That is, it is checks to a nonlocal Reserve Bank office for the Treasury, but instead, it used this effectively using a portion of the large processing, use a wide variety of checks sum to artificially cut its prices. This products. We do not separately track and surplus in its pension fund to reduce identify the products into which these ship- is $45 million which, instead of going the operating costs of its priced service ments are deposited and, therefore, cannot towards deficit reduction, went to help activities, which in turn enables it to provide the associated revenue data. Simi- the Fed undercut its private sector charge lower prices than it otherwise larly, we do not separately track the check competitors, many of whom they also would. processing revenue associated with ‘‘direct regulate. Let me explain specifically how it send’’ deposits shipped to the Reserve Banks Any other agency of the government works. At the end of 1996, the pension by banks that arrange for their own trans- cannot justify using a pension cost fund for the employees of the Federal portation. credit to subsidize their own prices. 3. How is the Federal Reserve’s pension Mr. Speaker, as the only source of Reserve System had excess funding of cost credit ($140.57 million for 1996) reflected $1.9 billion. This incredible excess, in (a) measurement of priced services profit- oversight for the Federal Reserve, Con- nearly double its pension liability, is ability and (b) in the pricing of specific gress has a duty to police this activity due primarily to the so-called irra- priced services, such as check processing and in the Federal Reserve. tional exuberance of the stock market. transportation? What accounts for the $63 We must recognize that there is in- The Fed then uses an accounting de- million difference in 1996 between operating herent conflict with the Fed being both vice to effectively take a portion of expenses for priced services, as reported on the regulator and the largest competi- this excess funding in the pension fund page 271 of the 1996 Annual Report of the tor in check processing. This is why we to create an expense offset. This is the Board of Governors and the sum of the oper- need to pass legislation which clarifies ating expenses reported in the 1996 PACS Ex- the Fed’s role and relationship with pension cost credit. pense report. Please supply financial reports Instead of sending the whole of this for the Federal Reserve pension plan(s) for the private sector, such as my own bi- cost credit back to the Treasury, the 1992 through 1996. partisan bill, H.R. 2119, ‘‘The Efficient Fed uses approximately one-third of it The System endeavors to capture all of its Check Clearing Act.’’ to reduce the expenses of its priced costs applicable to the provision of priced b 1930 services. That reduction then allows services into its pricing formula and meas- The SPEAKER pro tempore (Mr. the Fed to charge lower prices than it urements of its profitability through explicit NEY). Under a previous order of the otherwise would. recognition in the Reserve Banks’ cost ac- counting systems or through implicit alloca- House, the gentleman from Alabama Mr. Speaker, I submit for the RECORD tions where appropriate. For transactions re- a letter that Federal Reserve Vice- (Mr. RILEY) is recognized for 5 minutes. lating to the provision of priced services, the (Mr. RILEY addressed the House. His Chairwoman, Alice Rivlin, sent to me. Federal Reserve System applies generally remarks will appear hereafter in the The letter referred to is as follows: accepted accounting practices (GAAP). Prior Extensions of Remarks.) BOARD OF GOVERNORS OF THE to changes in GAAP in 1987 and 1993 for em- f FEDERAL RESERVE SYSTEM, ployers accounting for pensions and retiree Washington, DC, October 3, 1997. medical benefits, respectively, the System The SPEAKER pro tempore. Under a Hon. CAROLYN B. MALONEY, accounted for these costs on a cash, or ‘‘pay previous order of the House, the gentle- House of Representatives as you go’’ basis. The System, like other woman from Texas (Ms. JACKSON-LEE) Washington, DC. services providers, changed accounting prac- is recognized for 5 minutes. DEAR CAROLYN: I am pleased to forward ad- tices to conform to GAAP. This change re- (Ms. JACKSON-LEE of Texas ad- ditional materials in response to your letter sulted in the recognition of a pension asset dressed the House. Her remarks will that generates net credits and a retiree med- of September 5 regarding payments system appear hereafter in the Extensions of issues. Please let me know if I can be of fur- ical liability that generates net expenses for ther assistance. the System. Remarks.) Sincerely, As with any accounting change, the Sys- f ALICE M. RIVLIN, tem compared the effect of the GAAP The SPEAKER pro tempore. Under a Vice Chairman. changes with the effect on the largest bank previous order of the House, the gen- Enclosures. holding companies used in determining the tleman from Tennessee (Mr. JENKINS) FEDERAL RESERVE BOARD STAFF’S ADDI- PSAF. We believe that the System’s pricing formula properly recognizes the effect of is recognized for 5 minutes. TIONAL RESPONSES TO CONGRESSWOMAN (Mr. JENKINS addressed the House. MALONEY’S SEPTEMBER 5, 1997, QUESTIONS these changes to GAAP. My staff can provide you or your staff with additional detail on His remarks will appear hereafter in 1. Please send a monthly record of ITS the technical issues involved with these the Extensions of Remarks.) cost-recovery matching before and after the GAAP changes at your convenience. application of the private sector adjustment f The table below shows a reconciliation, for factor for the years 1990 to date. The SPEAKER pro tempore. Under a 1996, of operating expenses as reported in Internal reports from the Federal Reserve previous order of the House, the gen- PACS with the pro forma financial state- Bank of Boston that showed monthly cost ment in the Federal Reserve’s 1996 Annual tleman from Mississippi (Mr. THOMP- recovery numbers for 1987 through early 1995 Report. SON) is recognized for 5 minutes. were enclosed with Chairman Greenspan’s (Mr. THOMPSON addressed the letter of April 28, 1995, to Congressman Gon- PACS Expense to Pro Forma Expenses for 1996 House. His remarks will appear here- zalez. PACS operating expenses (Millions) after in the Extensions of Remarks.) Attachment 1 shows monthly cost recovery Cash (3020) ...... $5.1 f for commercial check portion of the ITS net- Funds (3250) ...... 71.6 work from 1995 through the first half of 1997. ACH (3260) ...... 83.9 The SPEAKER pro tempore. Under a The Federal Reserve does not typically allo- Check (3360) ...... 551.4 previous order of the House, the gen- cate imputed costs and revenues to input Book-Entry (3520) ...... 43.3 tleman from Pennsylvania (Mr. KLINK) components of its services. As requested, the Non-Cash (3810) ...... 4.6 is recognized for 5 minutes. cost recovery data are shown with and with- (Mr. KLINK addressed the House. His out imputed expenses. Total PACS expenses ...... 760.0 2. Please supply a breakdown of prices Less non-priced costs ...... (51.5) remarks will appear hereafter in the services income, by Federal Reserve Bank Extensions of Remarks.) for 1996. The breakdown should include reve- Priced PACS costs ...... 708.5 f nue by specific commercial check product, SCHOOL CONSTRUCTION such as NCS, RCPC, fine sort, consolidated Pro forma items not in PACS: shipments, and direct sends. *Proceed pension credit ...... (45.3)* The SPEAKER pro tempore. Under a The priced services income for 1996 and the Imputed Board expenses ...... 2.8 previous order of the House, the gentle- first two quarters of 1997, which you re- woman from California (Ms. quested in question 5, was provided in Vice Total items not in PACS ...... (42.5) MILLENDER-MCDONALD) is recognized Chair Rivlin’s letter of September 16, 1997. Attachment 2 shows the Reserve Banks’ for 5 minutes. Pro forma operating expenses .. 666.0 revenues for the Reserve Bank check prod- Ms. MILLENDER-MCDONALD. Mr. ucts you requested. Revenue for consolidated The letter shows that, in 1996, the Speaker, as we celebrate African Amer- shipments includes only transportation reve- pension cost credit was $45.3 million. ican History Month and those of us February 11, 1998 CONGRESSIONAL RECORD — HOUSE H413 who are not African Americans recog- AFRICAN AMERICANS IN BUSI- cause they represent a light of hope for young nize the importance of education, we NESS: THE PATH TOWARDS EM- African-American men and women. These col- further recognize the importance of fa- POWERMENT leges and universities represent approximately cilities that are conducive to learning The SPEAKER pro tempore. Under a 3 percent of American institutions of higher for those young people who are in the previous order of the House, the gentle- learning, but they award one-third of all bach- inner city. So, Mr. Speaker, today I woman from Florida (Ms. BROWN) is elor's degrees as well as a large share of rise to address the need for school con- recognized for 5 minutes. graduate degrees earned by African-Ameri- struction and repair throughout the Ms. BROWN of Florida. Mr. Speaker, as Af- cans every year. country, but, most importantly, in the rican-Americans, we have known for quite Our HBCUs protect, support, educate, and inner cities, and especially in the 37th some time that our professional and personal nurture students and they give them the tools Congressional District, which I rep- achievements would come through business needed to compete in business and life. resent. ownership and participation in the economy. As we approach the twenty-first century, I Mr. Speaker, today’s youth cannot `The path towards empowerment' has been a know HBCUs across America will continue to learn in an environment that is sur- struggle, but we are seeing the rewards. be a light of hope for young African-Americans rounded with decrepit walls, that are The `path toward empowerment' begins with traveling on their paths toward independence crumbling from neglect, roofs that are a sound education and personal commitment. and financial empowerment. leaking into classrooms, broken win- With these key ingredients, our young men In my opinion, this special order passes on dows that have not been repaired for and women can achieve their goals and make the light of hope to young African-Americans months on end, buildings that are a difference in the areas of science, business, and beckons them to continue their quest for painted with toxic levels of lead paint, finance, and education. knowledge and wisdom. and the list goes on. I am pleased to recognize Bethune Cookman College as a school in my district These young students face the haz- f ards of asbestos, poor indoor air qual- that is building a state of the art hospitality ity, nonexistent air conditioning sys- center for minorities. I have testified for sev- tems and heating units which barely eral years to get funding for the Mary McLeod TRIBUTE TO GENERAL BENJAMIN warm the buildings throughout the Bethune Fine Arts/Hospitality Training Center, O. DAVIS winter months. These schools are lit- which will create an economic stimulus from Jacksonville to Orlando. The Center will train The SPEAKER pro tempore. Under a erally in decay. previous order of the House, the gen- Mr. Speaker, these are the schools minorities for management and leadership po- sitions in Florida's tourism industry. tleman from Arkansas (Mr. SNYDER) is that represent the inner city that our recognized for 5 minutes. children are asked to be educated in. Historically, African-Americans have been limited to non-management positions in the Mr. SNYDER. Mr. Speaker, February Mr. Speaker, we all know the critical tourism industry. This complex once finished has for some time now been recognized importance of placing our children and will provide hands-on hospitality management as Black History Month, during which the Nation’s children in an environ- training for careers in the hotel, restaurant, time we recognize the contributions of ment that is conducive to learning. tourism, business travel, conference and con- African Americans throughout the The Los Angeles Unified School Dis- vention industries. United States and throughout the trict, the second largest public school The center will not just be a complex of world. district in the country and where I classrooms and training facilitiesÐit will be a As a member of the Committee on served as an educator for several, is tribute to one of America's foremost cham- National Security, I want to call atten- one of the many public schools in need pions of civil rights and public education for tion tonight to General Benjamin O. of school repair. African-Americans. Davis, Jr., one of our American heroes, In the entire State of California, 87 In addition to mentioning Mary McLeod Be- one of the true contributors to the end percent of schools report a need to up- thune, I would also like to mention the literary of World War II, and the contributions grade or repair on-site buildings to just contributions of Zora Neale Hurston an of the military in the world for 20 years good condition, and the majority of Eatonville, FL native who represents a domi- after that. these schools are in the inner city. Sev- nate voice of the Harlem Renaissance period. General Davis was the first black enty-one percent of all California Hurston was a prolific writer, and her writing graduate of West Point. As we now schools have at least one inadequate style has inspired famous poets and novelists. have become familiar with our mili- building feature, ranging from lead Her contributions to the twenty-first century tary academies and the fine opportuni- paint to lack of heating units. have inspired the Zora Neale Hurston Society ties for education, the opportunities So today I ask my colleagues to at Morgan State University and the annual for men and women of all races in think about the larger issue when it Zora Neale Hurston Festival of Arts and Hu- America to participate in the military comes to educating our children. I ask manities in Eatonville. and have long and distinguished ca- my colleagues to consider the more African-American, men and woman, have reers, we also pay attention to the fine than 60 percent of the Nation’s 110,000 carved a noticeable place in the fabric of our collegial atmosphere at the military public, elementary and secondary Nation. And, heroic pioneers like Mary academies. school facilities that need major repair McLeod Bethune and Zora Neale Hurston rep- in order to function as an effective edu- resent famous Americans who have shaped When General Davis first went to cation institution. and enriched our lives. Their legacy lives on West Point, that was not the situation. and generations to come will be educated and Many of us are familiar with the ter- This Nation’s youth not only deserve rible time and hazing he was given it, but they cry out for schools that nurtured at Mary McLeod Bethune/Cookman College, and ambitious young writers will read there. He literally spent four years represent a conducive learning envi- with no other member of West Point ronment. Mr. Speaker, this must be at Zora Neale Hurston's novel ``Their Eyes Were Watching God'' for inspiration and literary being allowed to speak to him, not one the top of our priority as we begin the word. But he graduated from West second session of the 105th Congress. guidance. Note that the heroines I have referenced are Point and went on to have a long and distinguished career. f just a fraction of the great African-Americans who have shaped this country. Their contribu- As a Member of Congress, we get to The SPEAKER pro tempore. Under a tions laid the foundation for myself and young- participate in helping to make nomina- previous order of the House, the gentle- er generations. tions. We get to send in names of can- woman from Florida (Mrs. MEEK) is In closing, I would like to recognize Histori- didates to the different military acad- recognized for 5 minutes. cally Black Colleges and Universities (HBCUs) emies. It is a tremendous opportunity (Mrs. MEEK addressed the House. like, Bethune Cookman College, Edward Wa- for men and women in America to take Her remarks will appear hereafter in ters College, and Florida Agricultural and Me- on a very distinguished career in the the Extensions of Remarks.) chanical UniversityÐlocated in FloridaÐbe- military. H414 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Frankly, in my district I do not owned and operated by Samuel of years of struggles and achievements think I got enough applicants for all Fraunces, a migrant from the British of black Americans, I must share my the slots we have. I think that perhaps West Indies. Both British and Amer- feelings of how much the African there are many students, black, white, ican troops patronized the tavern, and American community has added to our Hispanic, other races, men and women, George Washington came there to draw country. who perhaps do not consider the oppor- up terms with the British regarding In 1782, Thomas Jefferson, a slave tunities which General Davis paved the their evacuation of New York in the holder himself declared that ‘‘the way for in the military academies. 1770’s. whole commerce between master and So tonight, during Black History Paul Cuffe, a free black man, was a slave is a perpetual exercise of the Month, I pay tribute to General Ben- shipper and merchant in New England most boisterous passions, the most jamin O. Davis, Jr., and I hope the in the 1790’s. James Wormley was a unremitting despotism on one part, youth of America will also consider the well-known hotel proprietor in Wash- and degrading submission on the opportunities to lead such a distin- ington D.C. in the 1820’s. other.’’ After gaining their freedom from guished career in the military. A Founding Father to whom our Na- slavery, many black Americans set up f tion looked for moral guidance, his hy- businesses that rendered personal serv- pocrisy only underscored the terror our 1998 CONGRESSIONAL OBSERVANCE ices to blacks who were the victims of Nation was inflicting on generations of OF BLACK HISTORY MONTH discrimination and segregation im- African Americans at that time. The SPEAKER pro tempore. Under posed by white businesses. the Speaker’s announced policy of Jan- For example, barbering was a source Yet, even with slavery placing in uary 7, 1997, the gentleman from Ohio of both black employment and busi- bondage hundreds of thousands of Afri- (Mr. STOKES) is recognized for 60 min- ness. Two of the earliest fortunes cans, some black Americans had al- utes as the designee of the minority among black Americans were made by ready begun to make their mark. For leader. Annie T. Malone and Madame C.J. instance, 200 years ago, in 1798, James Mr. STOKES. Mr. Speaker, I thank Walker in the manufacture and mar- Forten, Sr., established the first major you for the opportunity to reserve this keting of hair products for black Amer- black-owned sail-making shop in Phila- special order this evening. I would also icans. Funeral services were another delphia, achieving a net worth of more like to thank my colleagues who are personal service business almost exclu- than $100,000, a massive sum at the gathered in the Chamber with me. We sively under black ownership and con- time. Forten went on to become a lead- take special pride in coming together trol. er of the abolitionist movement and for the 1998 Congressional observance As we celebrate the success of Afri- the organizer of the Antislavery Soci- of Black History Month. can American businesses, we mark the ety in 1833. Since 1976 when Congress adopted the founding in 1888 of the True Reformers The heights of Forten’s achievements resolution designating February of Bank of Richmond, Virginia, and the only remind us what our country lost each year as Black History Month, we Capital Savings Bank of Washington, due to the depths of slavery and subse- have utilized this opportunity to high- D.C., the first black-created and black- quent years of oppression. This country light and pay tribute to the notable ac- run banks in America. We also mark at one time erected every conceivable complishments of black men and the historic achievements of Maggie legal, societal and cultural roadblock women who helped to build our great Lena Walker, who, in 1903, became the to prevent African Americans from get- Nation. first black woman to be a bank presi- ting an education, wealth and power From Garrett Morgan’s invention of dent. She founded the Saint Luck from our society. the traffic signal, to Mary McLeod Be- Penny Savings Bank in Richmond, Vir- As we commemorate Black History thune’s founding of a university on ginia. Month, the people of the United States $1.50, black men and women have made Mr. Speaker, in another field of busi- must recognize what injustices were enormous contributions to the develop- ness, the African Insurance Company perpetrated through the years. We ment of this country. of Philadelphia was the first known must recognize that our society still With this in mind, the members of black insurance company, founded in suffers the results of the oppression of the Congressional Black Caucus proud- 1810. It was not incorporated, but had African Americans. ly take this time to share with our col- capital stock in the amount of $5,000. It has only been within the last half leagues and with the world black his- The North Carolina Mutual Insurance century that our country has made real tory, our history. Company, founded in 1893 in Durham, progress to guaranteeing to black As we move forward with our special North Carolina was the first black in- Americans the basic civil rights that order, I want to commend the chair- surance company to attain $1 million other citizens have for so long taken person of the Congressional Black Cau- in assets. for granted. Within that time, America cus, the gentlewoman from California In celebration of Black History has only begun to see the tip of the ice- (Ms. WATERS) for her unfailing leader- Month, we note the achievements of D. berg, the tremendous potential of this ship of this organization. Her strong Watson Onley, a black businessman, leadership guarantees that the Con- community. It is only during this pe- who in 1885 built the first steam saw riod that we have come to realize the gressional Black Caucus will continue and planing mill owned and operated to be a tireless advocate on behalf of dream of the Reverend Dr. Martin Lu- entirely by blacks. We also recognize ther King, Jr., that ‘‘Children will one minorities, the poor and the disadvan- the contributions of Ruth J. Bowen, taged of this Nation. day live in a nation where they will not the first black woman to establish a be judged by the color of their skin, Mr. Speaker, the theme for the 1998 successful booking and talent agency. observance of Black History Month is but by the contents of their char- Bowen began her business in New York acter.’’ ‘‘African Americans in business: The in 1959 with a $500 investment. Within path towards empowerment.’’ The 10 years, her firm became the largest As a Jewish American, Mr. Speaker, theme is particularly significant as we black-owned agency in the world. I believe I share a sense of understand- pause to review our history and high- Mr. Speaker, I will at this time rec- ing with African Americans. Not only light some of our accomplishments in ognize a number of my colleagues gath- do our two communities face a history the business arena. ered here in the Chamber. filled with severe cruelty and discrimi- In the field of business, it is impor- Mr. Speaker, I yield to the gentleman nation, but we also fought together for tant to note that some free black from New York, Mr. Engel. decades to overcome bigotry in this Americans managed and owned small Mr. ENGEL. Mr. Speaker, I thank country. businesses during the period of slavery. the gentleman from Ohio (Mr. STOKES) When I commemorate Black History For example, Fraunces Tavern was a for having this special order. Month, I am reminded of a civil rights well-known dining place and tavern Mr. Speaker, I rise to commemorate movement where Jewish Americans popular in New York City during the Black History Month. Although I have and black Americans stood shoulder to latter half of the 18th century. It was only a few minutes to honor hundreds shoulder to fight racial prejudice. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H415 Today black Americans, more and Johnson Rice, and is home to many our history books, who the gentleman, more, are represented in leadership po- great writers like Lerone Bennett and through his work and the work of the sitions in our society, from black mem- Alex Poinsett. In my district I have the gentlewoman from California (Ms. WA- bers of the President’s Cabinet, to edu- Parker House Sausage Company and TERS) and the gentleman from Califor- cators, athletes, scientists and mem- its esteemed president, Mr. Daryl Gris- nia, (Mr. DELLUMS) these people have bers of the clergy, African Americans ham. It is also my pleasure to rep- brought the possibilities of the free- of today have begun to take their resent and to use Rabon’s High-Tech doms that occurred. rightful positions in the United States, Automotive Center at Kostner and I would like to remind of us Chief Al- and our country as a whole has bene- Roosevelt Road in Chicago, which is bert Lithuli. He received the Noble fitted. known and owned by Mr. Lee Rabon, Peace Prize, but he was not allowed to As we celebrate Black History and is known for its precision auto- travel to Sweden to collect that prize, Month, we must never forget the injus- motive work. because the apartheid government of tices inflicted upon African Americans I also represent Shine King, the best South Africa refused to allow him to do through the years. We honor those who shoe shine shop in America, owned by that, but Chief Lithuli is remembered suffered by recalling the circumstances Mr. James Cole who has parlayed his in South Africa as such a great leader. through which they lived. At the same original shoe shine shop into two Archbishop Desmond Tutu. Desmond time, we must recognize that our Na- shops, part ownership of a bank, a con- Tutu shown the light of religion on the tion has finally begun to unlock the struction company, King Construction, horrors of apartheid. He made those great untapped potential of the black and vast real estate holdings. Mr. who said that they were Christian look community. Cole’s shine boys are known to earn be- clearly at what was happening in b 1945 tween $400 and $500 a week, shining South Africa in the South African shoes. Many of them have gone on to apartheid policy. It is my hope that when we celebrate become doctors, lawyers, policemen, Deputy Premier Tabo MBeke. Taboo Black History Month in the future, cir- school teachers and businesspersons in MBeke spent decades in exile from his cumstances facing black Americans their own right. The most famous of homeland because he could not live in will continue to improve, and that this group is the renowned National any kind of safety in South Africa. He someday we will achieve true freedom Basketball Association star and is now the deputy premier of South Af- and equality for all citizens of this businessperson, Isiah Thomas, or Zeke, rica. His father, Mr. MBeke, Senior, great Nation. If we recognize what hap- as he was known around the shop and Mr. MBeke was in the dreadful prison pened in the past, it will help us to throughout the NBA. Mr. Cole was re- that Nelson Mandela spent so many build a better future for all of our citi- cently featured in the Chicago Sun years. Madam Speaker, Together they zens. Times and WGN Channel 9 television as studied and they kept the faith of the I very much feel very close to Black a result of the work that he has done South Africa to-be. History Month, having been born in the through his businesses with young boys Oliver Jhambo, the ANC leader who month of February, and I think it is growing up in his community. traveled tirelessly around the world to very, very important that all of us in I also pay tribute, Mr. Speaker, to light the fire in the world that we the Congress pause and reflect, because the many members of the public hous- needed all of us to be involved in the until, as we say, all of our citizens are ing community in my district, Ms. struggle of South Africa. free, all of us are not really totally Martha Marshall, Shirley Hammonds, Then of course the great premier of free. Cora Moore, Mattie McCoy, Mamie South Africa, President Nelson So I thank my colleague from Ohio Bone, Mary Baldwin, and Mildred Den- Mandela. President Mandela spent 29 (Mr. STOKES) for this commemoration, nis, for the outstanding leadership they years in a dreadful prison in South Af- and I think it is very, very fitting that are providing as they manage the re- rica and he never, ever lost sight of the this Congress commemorate Black His- cently developed businesses that public goal, that goal which was realized in tory Month. housing residents in the city of Chi- 1994 on a sunlit day in Pretoria, South Mr. STOKES. Mr. Speaker, I thank cago are putting together, managing, Africa, where President Mandela be- my distinguished friend from New owning, and carrying out the duties came the first President of a truly mul- York, (Mr. ENGEL), for his comments. and responsibilities of redeveloping tiracial government in South Africa, At this time I yield to the gentleman their own communities. So they are a the first premier, without violence, from Illinois (Mr. DAVIS). part of this great legacy that we know who led his country to democracy. Mr. DAVIS of Illinois. Mr. Speaker, I as African-American history. I believe, Mr. Speaker, that this his- thank my friend for yielding. I commend the gentleman from Ohio tory, this history of those great Afri- I rise to join with my colleagues and (Mr. STOKES) of this event for the lead- can leaders should join the proud list of to share with them and with America ership that he has displayed through- African-American leaders who together our appreciation for the contributions out the years, but in taking out this have so shaped our common history. made to African Americans in the his- Special Order, and pay tribute to the We are all in this world so lucky indeed tory and development of this Nation. leader of the Congressional Black Cau- to have had such mentors in our life- This year’s theme, African Ameri- cus, the erstwhile gentlewoman from time. I thank the gentleman for this cans in Business: The Path Toward California (Ms. WATERS). As a result of opportunity to speak about those great Empowerment, is the most appropriate her leadership, the gentleman’s leader- South African leaders. one, and I am pleased to have in my ship, the work of people all over Amer- Mr. STOKES. Mr. Speaker, I thank own congressional district some of the ica, the legacy and the history will the gentlewoman for her participation most well-known and productive busi- continue. in this Special Order. nesses in America. I thank the gentleman. Mr. STOKES. Mr. Speaker, I yield to I represent Harpo Studios, which is Mr. STOKES. Mr. Speaker, I thank the distinguished gentleman from Ar- owned by Oprah Winfrey and is known the gentleman for his kind remarks kansas (Mr. BERRY). all over the world. In my congressional and his eloquent statement. Mr. BERRY. Mr. Speaker, I thank district is the First Baptist Congrega- Mr. Speaker, I yield to the distin- the gentleman for yielding. tional Church, which was a stop on the guished gentlewoman from Oregon (Ms. Mr. Speaker, I rise today to pay trib- underground railroad, and is now build- FURSE). ute to three Arkansans who have made ing houses and a community under the Ms. FURSE. Mr. Speaker, I thank the a difference in their community: Ar- leadership of its pastor, Dr. Authur gentleman for taking out this hour. As kansas State Representative Joe Har- Griffin. the gentleman said in the beginning, ris, Jr., Mr. Terry Woodard, and Mr. I have in my district the Johnson this is an hour to honor the contribu- Fredrick Freeman. They are three Afri- Publishing Company, which was put to- tion of black leaders across the world. can Americans who have worked to gether and developed by Mr. John H. I would like to pay tribute to some make a difference in their communities and Mrs. Eunice Johnson and is now great South African black leaders and in our State and in my congres- operated by their daughter, Mrs. Linda whose names I believe should be part of sional district. They are people who H416 CONGRESSIONAL RECORD — HOUSE February 11, 1998 have risen to the challenges handed Mr. Speaker, I now yield to the dis- ner; Elliott Hall, Vice President of them. tinguished gentlewoman from Florida Ford Motor Company; and Ben Ruffin, They grew up in the Arkansas Mis- (Mrs. MEEK). Vice President at Philip Morris. sissippi River delta, one of the poorest Mrs. MEEK of Florida. Mr. Speaker, I They are well-educated, highly moti- regions in the country. Not only did thank the gentleman, my esteemed vated and strong-willed business lead- they withstand adversity, but they colleague, the gentleman from Ohio ers who have raised the glass ceiling have decided to remain in the delta to (Mr. STOKES), for having the insight to beyond any level that their parents make it a better place to live and work organize today’s Black History special. dared imagine. They are sharp and and raise a family. Certainly, the history of the people unapologetic. They are influencing hir- State Representative Joe Harris is a of African descent is interwoven with ing and promotion at their companies. lifelong resident of Mississippi County, the history of America. The theme of They are gaining access to capital and Arkansas, which he now represents in African Americans in Business: The creating unprecedented partnerships the State legislature. He is also the Path Toward Empowerment, is particu- with large companies. In short, they founder and owner of a successful busi- larly significant. Since African Ameri- are obliterating the myth that blacks ness, Joe Harris Jr. Trucking and Dem- cans have been on American soil since cannot prosper at the highest level of olition Company. He has worked for 1619, black Americans have played an industry. the community by serving on boards important part in the development of Mr. Speaker, I would say to the gen- and commissions, by chairing the this great Nation. We helped to build tleman from Ohio (Mr. STOKES), our Board of Deacons of the Tabernacle this Nation. We helped to fight for wonderful chairperson of this event to- Missionary Baptist Church, and par- America, and we helped America to night, as more blacks experience cor- ticipating in Chamber of Commerce gain its independence. We helped to porate success, more and more are ex- work. build this country’s thriving cities and panding and creating their own busi- Terry Woodard is another African- farmed its fields and settled the West. nesses as well. Between 1987 and 1992, American leader in Arkansas’ First b 2000 the number of black-owned businesses rose 46 percent compared to the 26 per- Congressional District who is a suc- As we celebrate Black History cent increase in U.S. business overall. cessful businessman and makes signifi- Month, I am mindful of this month’s cant contributions to his community. theme again, ‘‘Black Americans in As we honor the legacy of achieve- He is a tireless worker for the better- Business.’’ And I can think of many ment of blacks in business today, I, for ment of the community in which he that have been mentioned, like Ma- one, am comforted to know that his- lives. He is the president of Woodard dame C.J. Walker, Percy Sutton, John tory is still being made by a new gen- Brothers Funeral Services in Wynne, Johnson, Robert Johnson, and Cathy eration of blacks in business for them- Arkansas, and currently serves as Hughes. selves and at the highest levels of some chairman of the Arkansas Funeral Di- And then I cannot forget that blacks of our Nation’s largest corporations. rectors Association. have owned and managed businesses Mr. Speaker, I thank the gentleman Fredrick Freeman is a native of For- since slavery. In the 1770s, Samuel for giving this time to help America rest City, Arkansas, where he still re- Fraunces was a successful tavern understand the significant contribu- sides. Since graduating from North owner in New York. tions of African Americans. Carolina A&T State University with a During this period, many blacks also Mr. STOKES. Mr. Speaker, I thank degree in business and finance manage- owned well-to-do barber and beauty the distinguished gentlewoman from ment in 1981 and returning to Arkan- shops and dry goods stores. After slav- Florida for her statement and her par- sas, he has started and successfully ery, blacks began to acquire more prop- ticipation in this special order. managed two family owned businesses. erty and capital, and increasing num- Mr. Speaker, I am pleased to yield to He focuses much of his time on commu- bers began to set up businesses. Two of the distinguished gentlewoman from nity and business development. He the earliest of those were Annie Ma- Connecticut (Ms. DELAURO). serves as a member of the State of Ar- lone and Madam C.J. Walker. Ms. DELAURO. Mr. Speaker, I thank kansas Aviation and Aerospace Com- Funeral services was one area where my colleague from Ohio for organizing mission, as chairman of the St. Francis blacks had a significant number of tonight’s special order to commemo- County Workforce Alliance, president businesses and other personal services. rate Black History Month. I have been of the Arkansas Democratic Black Cau- Blacks have ventured into other for- privileged to serve with the gentleman cus, and is active in his local NAACP ays. Maggie Lena Walker became the from Ohio (Mr. STOKES) on the Sub- chapter. first black woman in 1903 to become a committee on Labor, Health and These are the kinds of community bank president. She founded the Saint Human Services, and Education of the leaders the First District of Arkansas Luke Penny Savings Bank in Rich- Committee on Appropriations, and I and communities across the Nation mond, Virginia, and the bank became would like to say what an honor it has should feel very fortunate to have. so very strong that it survived the De- been to work with him and that he will They are people who grew up economi- pression. be truly missed in this body. This cally deprived in economically de- Mrs. Walker’s bank was by no means country is a better place for his having prived areas. They got the education the first black-owned bank. That dis- served in this body. they needed, and they have worked tinction belongs to the True Reformers Black History Month is a time for us hard and played by the rules. Bank of Richmond, Virginia. to join together to salute the accom- Mr. Speaker, the African-American Mr. Speaker, I cannot overlook the plishments of African-American men businessmen I have mentioned deserve North Carolina Mutual Life Insurance and women who have contributed so to be commended for the service they Company founded in 1893 in Durham. In much to make our Nation strong. I have given to their communities. It is 1789, James Forten, Sr., established the would like to take this opportunity to important that as this Congress ad- first major black-owned sailmaking remember some of the key events that dresses the needs of public education shop. We could go on and on talking took place in my home State of Con- and community assistance we make de- about the good highlights of black necticut. cisions to empower a new generation of Americans who have distinguished I guess I must deviate just a bit from leaders for all constituencies. It is a themselves in the area of business. the specific topic of businesspeople, but privilege for me today to pay honor to There is a growing crowd of black I think that New Haven, Connecticut, these leaders in the First Congres- men and women who have taken their has a specific historical fact that it is sional District of Arkansas and say seats at the tables of business power important, I think, for people to under- thanks to them for the great contribu- here in America. People like American stand about the city. And I think there tion they have made. Express President Kenneth Chenault; are so many young people in the City Mr. STOKES. Mr. Speaker, I thank Maytag President Lloyd Ward; Richard of New Haven who do not realize the the gentleman from Arkansas for his Parsons, President of Time Warner; history of African Americans in this participation in this Special Order. Toni Fay, Vice President at Time War- city. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H417 These young people do not realize strong Nation. We are a diverse, toler- prise is inestimable. But the true bril- that their city was an important sta- ant and constantly changing country liance of this initiative rests with the tion on the underground railroad. In that has been enriched by our dif- fact that the SBA has enlisted a num- fact, the Varick AME Episcopal Church ferences. We celebrate our rich history, ber of prominent black American and Dixwell Avenue Unitarian Church not just in Black History Month, but groups to assist in facilitating this of Christ were both way-stations for es- throughout the year. process to make sure that these loan caped slaves traveling through New Mr. Speaker, I thank the gentleman guarantees are known and indeed get Haven toward freedom in the North. from Ohio for organizing this event to- out to those entrepreneurs who may New Haven found itself in the center night. need them. of the dispute between the forces sup- Mr. STOKES. Mr. Speaker, I thank Those groups include the National porting slavery and those working for the gentlewoman from Connecticut for Urban League, the National Black freedom when the Amistad ship arrived both her eloquent statement and her Chamber of Commerce, the National in Long Island Sound in the summer of participation in this special order. Council of Negro Women, the Minority 1839. The Amistad has become a house- Mr. Speaker, I am pleased to yield to Business Enterprise, the National hold word, thanks to a blockbuster the distinguished gentlewoman from Legal Defense and Education Fund, the movie this year, and we are grateful to North Carolina (Mrs. CLAYTON). Organization for a New Equality and Steven Spielberg for making such a Mrs. CLAYTON. Mr. Speaker, I join the Phelps Stokes Fund. movie. But before the movie, very few my colleagues in commending the gen- The initiative represents an impor- people knew about this event, even tleman from Ohio (Mr. STOKES) for tant and significant step forward. We doing this annually and for his leader- people living in the City of New Haven, are indeed making progress. In recent ship. This hour gives us an opportunity where much of the action occurred. years, the number of black-owned busi- After the Amistad was captured in to put in the RECORD some reflection nesses grew by nearly 50 percent from and attributes of black history. This Long Island Sound, the Africans on the 424,000 to almost 621,000 new businesses, month as a whole gives the Nation an ship, led by Sengbe Pieh, were put in a according to the Census Bureau. But at opportunity to reflect, but also gives New Haven jail while a court battle the same time, the average black firm an opportunity to assess what is going was waged to determine whether they generates an annual income of less on. would be slaves or free men and Mr. Speaker, last night I attended an than $52,000 while the average small women. The dispute forced the country business annual income is $193,000, event at which Vice President AL GORE to confront the moral, social, political and the Administrator of the Small some $141,000 more each year. and religious questions that were sur- Business Administration, Aida Alvarez, We are progressing, however. But yet rounding slavery. announced a new major initiative we have a long way to go. This is a Many members of the New Haven aimed at increasing loan approvals to journey we must make. community pulled together to work for America’s 200 million small busi- minority entrepreneurs. the freedom of the Africans, including The announcement of this initiative nesses employ more than half of the the congregation of the Center Church is most appropriate as we pause to cel- private work force. But that is not all. on Temple Street and students and fac- ebrate Black History Month. I was par- America’s small businesses generate ulty from the Yale University Divinity ticularly struck by the Vice Presi- more than half of the Nation’s gross School. Finally, in February of 1841, dent’s remarks as he discussed the his- domestic product and are the principal the Africans, who were defended by torical debate between the value of po- source of the new jobs in the United former President John Quincy Adams, litical power as compared to economic States economy and the reason that we were declared free by the United States power. The Vice President recognized are enjoying prosperity today. Supreme Court. that this debate has spanned the years But in the end, Mr. Speaker, this new Today there are several memorials in past and acknowledged that it would initiative will work best if entre- New Haven commemorating the likely continue into the years ahead. preneurs who take advantage of it have Amistad and the story of the brave Af- We actually need both economic devel- the same daring and pioneering spirit ricans who fought for their liberty on opment and political power if we, as a as the North Carolina Mutual Life In- its decks. A statue of Sengbe Pieh, who community, are to sustain a quality of surance Company, which is in my was also known as Joseph Cinque, sits life. State, headquartered in Durham, North in front of the city hall in New Haven, Whatever the view one may hold on Carolina. North Carolina Mutual, with and I was there for the dedication, this issue, it cannot be denied that the determination and hard work, has be- along with our sister city from Sierra initiative announced last night, once come one of the Nation’s largest insur- Leone. Plans are under way for a life- implemented, would benefit the black ance companies and the largest black- size working replica of the ship to be community and, in particular, the managed insurance company in the docked on Long Wharf with exhibitions black businesses in ways that would be world. and programs on African-American his- felt into the future. Since its founding in 1898, just a few tory and the long fight for true free- This lending assistance and market- years after the doctrine of ‘‘Separate dom. ing campaign is designed to support but Equal’’ was pronounced, North This is a month that gives us the op- blacks who are interested in starting Carolina Mutual has been the symbol portunity to remember these events or expanding their own small busi- of progress and a symbol of success and and the people behind them. Unfortu- nesses. Under the campaign over the entrepreneurial achievement, of leader- nately, in our lives, we compartmen- next 3 years, SBA plans to more than ship and economic vitality and the talize and we have a month where we double its annual level of loan guaran- strength of the black community. talk with these things. It ought to be tees now provided to blacks. North Carolina Mutual has achieved the topic of conversation and discus- In the fiscal year 1997, SBA provided this triumph despite overwhelming and sion and just woven into our everyday 1,903 guaranteed loans valued at $286 seemingly insurmountable odds. lives. But we are grateful that we have million. Those funds were provided to Today, with assets over $228 million a time to single out the opportunity black entrepreneurs from the 7(a) and and insurance in force of over $9 bil- for the conversations, where we re- the 504 lending program. lion, it ranks among the top 10 percent member people with the courage to By fiscal year 2000, SBA expects the of the Nation’s life insurers. North stand up and fight against tyranny and annual loan guarantees to black busi- Carolina Mutual has offices in 11 oppression, and we also have the oppor- nesses to reach 3,900 with an estimated States and the District of Columbia tunity to talk about those who have value of $588 million from these 2 pro- and is licensed to operate in 21 States been such a tremendous success in grams. And for the next 3 years com- and the District of Columbia. business and academics and the arts bined, SBA expects to provide some It is fitting, Mr. Speaker, that the and all the parts of our society. 9,300 loan guarantees with an esti- company has its headquarters atop the Mr. Speaker, America is strong be- mated value of $1.4 billion. highest hill in Durham, because indeed cause we have been successful at mold- Mr. Speaker, the impact of this kind it is at the top of its industry. Poised ing our different backgrounds into a of infusion of capital into black enter- for the 21st century and all the promise H418 CONGRESSIONAL RECORD — HOUSE February 11, 1998 that it holds, North Carolina Mutual teachers allowed us to know? He revo- over. Affirmative action is under siege deserves our respect, our notice, our lutionized the agricultural economy of and many of our African American appreciation, our admiration and our the South with his novel ideas on crop businesses that are successful today thanks for their leadership. rotation. are successful because of African With this new initiative SBA is Today African American scientists American effort in promoting affirma- doing, we can only be hopeful that and astronauts are expanding our tive action that has helped so many in there will be many, many more North knowledge of space. How many of us this Nation, the rule of two that has Carolina Mutuals in the future being know the names of these African Amer- provided for opportunities for small multimillion dollar firms being run ican astronauts who have led the way businesses and, yes, the Community and managed by African Americans. for our country to be the leader in Reinvestment Act that forced many of b 2015 space exploration and space-based our Nation’s banks to recognize that science? Major Lawrence, the first Af- they could not do business by taking in Mr. STOKES. Mr. Speaker, I thank rican American astronaut, Ron money from the African American the gentlewoman from North Carolina McNair, Guion Bluford, first African community and not investing money in for her participation in this special American to actually fly in space and the African American community. The order. It is a pleasure to have her par- Ron McNair who lost his life in the creation of BET, one of the most well ticipate. tragic Challenger accident, General watched national stations has also Mr. Speaker, I yield to the distin- Fred Geory, Charles Bolan, Mai been a recipient and beneficiary of af- guished gentlewoman from Texas (Ms. Jaimson, first African American firmative action. JACKSON-LEE). woman in space, Robert Curbeam, Win- Lastly I would say, Mr. Speaker, that Ms. JACKSON-LEE of Texas. Mr. ston Scott, Evon Cagle, Joan the important thing is what our young Speaker, I thank the gentleman very Higginbotham, Stephanie Wilson, Ber- people believe and how they will carry much for his leadership on this very nard Harris and Mike Anderson, an Af- the torch into the 21st century. I hope special order and tribute to black his- rican American astronaut who flew in and my challenge is that although they tory and appreciate very much my col- January on the last mission of the may not have lived through the time leagues who have come to the floor of space shuttle Endeavor to Mir. frame of Dr. Martin Luther King or the House to acknowledge this very The economic benefits gained from Stokely Carmichael or any of the oth- special month. By their presence, I the work of these African Americans ers who so aptly raised their voices for glean from their words that although has proved monumental. Our path to- equal opportunity and freedom, I hope we have this month to commemorate wards economic empowerment has that they will never forget. I hope black history, the contributions of forged its way even through the hard there is a sense of loyalty and under- black Americans are so very important times. And yes, even our African Amer- standing and guts that they would feel as it relates to the history of this Na- ican farmers, our small businesses and that the work that they do, wherever it tion. The Preamble to the Constitution large businesses to pay tribute to. For might be, those who may work in the of this great Nation aptly begins, ‘‘We it was after slavery when we were told United States Congress, with many of the people.’’ that we would receive 40 acres and a the Members and particularly those of As I take my place on the floor of the mule. I am sad to say that to this day, the Congressional Black Caucus, under- House of Representatives to pay trib- we have not received the full measure stand that they have a mission, that it ute to African Americans, I am re- of the 40 acres and a mule. But our Af- is a challenge and an honor to be so as- minded of the fact that those who first rican American farmers in the deep sociated, that many of the strides that took their place in this very spot did South, the Midwest and other parts have been made by African Americans not include me nor my people and their have held steady and strong, keeping have come from the Congressional vision of ‘‘We the people.’’ up the good fight, providing that en- Black Caucus. To ‘‘secure the blessing of liberty to hancement of economic opportunity I challenge our educators and teach- ourselves and our posterity’’ is one of that has kept this country going. ers: Teach our children about their his- the basic reasons that the Constitution I hope as we proceed to celebrate this tory, do not have them scratching to was ‘‘ordained’’ and ‘‘established.’’ day and as well as we celebrate African find out about African American his- These are basic tenets of freedom. This American history throughout the years tory because school boards and schools portion of the Preamble to the Con- to come, we will pay tribute to our Af- refuse to include those very important stitution reminds us of the economic rican American farmers and the justice subjects in our curriculum. We all have empowerment that surrounded the that they deserve. a challenge. And to our African Amer- push towards the establishment of this Now let me simply say this, Mr. ican businesses across the Nation, not great country. That is why it is so ap- Speaker. I too wanted to acknowledge to the exclusion of small businesses or ropos that we celebrate African Ameri- the gentlewoman from California (Ms. Hispanic businesses or women-owned cans in business, the path towards em- WATERS) for her leadership in the Con- businesses, you have a special respon- powerment. There is no doubt that Af- gressional Black Caucus, and certainly sibility to give back to your commu- rican Americans and Black History since we are talking about minority nity. I know that you live there. I Month are one and the same. They rec- businesses and in this instance African know that you are giving. Let that be ognize the importance of providing the American businesses, let me acknowl- your cause. pathway for evidencing what we have edge Mr. Minority Business or African My final word is to simply say that done for this country. African Ameri- American Business in the United black history must be lived and not cans have made unique contributions States Congress, Parren Mitchell, and spoken. That means that we are all to the significant scientific and tech- thank him for his leadership on these challenged to live African American nological advancement of this country issues of opening the doors of oppor- history and the contributions to this and to the growth and popularity of tunity. Kweisi Mfume followed him Nation every single day. God bless you. American culture around the world. with his interests in small business, Ms. JACKSON-LEE of Texas. Mr. Speaker, Many of the modern conveniences that and now the gentleman from Maryland the theme for this year's special order to com- we enjoy today were invented by Afri- (Mr. WYNN). memorate Black History Month is ``African can Americans. Where would we be None of these individuals gave par- Americans in Business: The Path Towards without the stop light invented by Gar- ticular interest for their own self-ag- Empowerment.'' There is no doubt that the rett Morgan; the incandescent light grandizement, but they knew that it path towards empowerment includes eco- bulb invented by Lewis Latimer; Dr. was important for us to be strong eco- nomic empowermentÐthe ownership of busi- Charles Drew, a pioneer in blood re- nomically. So they championed, along nesses, as well as the creation of and partici- search who established the first blood with other members of this Caucus, af- pation in business opportunities. However, this bank; and George Washington Carver, firmative action. assumes the freedom and liberty to do so. who so often we found as youngsters I would simply say that now is the To ``secure the blessing of liberty to our- enjoyment in studying, maybe one of time, as we celebrate this month, that selves and our posterity'' is one of the basic the few African Americans that our we recognize that the struggle is not reasons that the Constitution was ``ordain[ed]'' February 11, 1998 CONGRESSIONAL RECORD — HOUSE H419 and established.'' These are basic tenets of space. How many of us know of the names of tinguished chairperson, the gentle- freedom. This portion of the preamble of the these African American astronauts who have woman from California (Ms. WATERS), Constitution reminds us of the economic em- led the way for our country to be the leader in who is doing such an outstanding job in powerment that surrounded the push towards space exploration and space based science: giving leadership not only to the Con- the establishment of this great country. Major LawrenceÐthe first African American gressional Black Caucus but here in There is no doubt that African Americans astronaut; Ron McNair; Guion BlufordÐThe the House of Representatives. It is an have always believed in the principles set forth first African American to actually fly in space; honor to yield to her. in both the Constitution and the Declaration of Gen. Fred Geory; Charles Bolan; Mai Ms. WATERS. Mr. Speaker, I thank Independence. Our contributions to the preser- Jaimson; Robert Curbeam; Winston Scott; the gentleman for yielding to me. vation of American liberty even extends to the Evon Cagle; Joan Higgenbotham; Stephanie I am delighted to be a part of this beginning of this country, when Crispus Wilson; Benard Harris; and Mike Anderson, an very special time that is taken out and Attucks was the first to die for the cause of African American astronaut who flew in Janu- directed by a very special man. The American freedom and liberty in the Revolu- ary on this last mission of the space shuttle gentleman from Ohio (Mr. STOKES) has tionary War. Endeavor to Mir. led this House in celebrating Black From the activism of Frederick Douglas, The economic benefits gained from the work History Month and this will be the last Sojouner Truth, and Harriet Tubman during of these African Americans has proven monu- year that the gentleman from Ohio the abolitionists movement, to the heroic ef- mental. Our path towards economic empower- (Mr. STOKES) will be here to do this for forts of Rosa Parks, Martin Luther King, ment has forged its way even through space. us. While we are all saddened by the Thurgood Marshall and Fannie Lou Hamer After the enslavement of Africans in this fact that he will not be here to guide us during the civil rights movement, African country, we were promised 40 acres and a on this and in many other efforts that Americans have never lost faith in this country mule. This, for many, would have provided a we have to put forth, we are delighted to expand democracy and provide true eco- means by which newly freed slaves could that he is here once again this evening nomic freedom for all Americans. work the land in order to provide for them- to make sure that we take time out African Americans have been entrepreneurs selves. It was to allow for economic empower- from our very busy schedules to pay at- from the very beginning of this country. During ment. That dream did not come true. It was tention to the contributions of African Reconstruction, African American businesses readily apparent that the path towards eco- Americans to this society. flourished in black neighborhoods largely due nomic empowerment for African Americans This year we have as our theme Afri- to the fact that we were not welcomed in ma- was littered with lies, deceitfulness, and Jim can Americans in business, the path to- jority stores and business establishments. Crow laws that were designed to stifle the wards empowerment. Mr. Speaker, I When African Americans were barred from ability of African Americans to own business rise today to join with all my col- purchasing life and health insurance coverage, and in turn ``secure the blessing of [economic] leagues in celebrating this Black His- African American entrepreneurs established liberty.'' tory Month. Each year during the their own life insurance companies. Golden African Americans built this country with month of February we consciously take State Mutual Life Insurance Co., North Caro- their sweat and blood. They served as the time to acknowledge and celebrate the lina Mutual Life Insurance Co., and Atlanta economic backbone of the southern economy history and accomplishments of Afri- Life Insurance Co. are only a few of the com- and helped to develop the West. During the can Americans in this country and panies that were started by African Americans. migration from the South to the North in the worldwide. As we reflect on our his- These companies exist even today. first half of this century, African Americans tory, I am more convinced now than In Houston, Unity Bank serves as a model played critical roles in the factories that ener- ever that economic development of African American empowerment. It is the gized the Industrial Revolution. through black entrepreneurship is a only African American owned bank in Houston It is widely understood that education im- key to creating jobs, wealth and oppor- and serves as a beacon for African American proves one's quality of life. African Americans tunities in our communities. Our his- business and commerce. have always believed in the importance of tory is rich with African Americans In the present era, our African American education. During the Reconstruction period, who created economic opportunities for elected officials, along with the presidents of African Americans pooled their resources to others by owning, operating and build- the various civil rights, fraternal, religious and form schools and colleges that still exist and ing their own businesses. The early business organizations continue to encourage thrive. Today, historically black colleges and trailblazers include black entre- our Nation to keep its commitment to freedom, universities are producing the doctors, law- preneurs like Madam C. J. Walker, A. equality and economic well-being and em- yers, business persons, dentists, pharmacists G. Gaston and John Johnson. powerment for all Americans. and professionals that help to construct a bet- Madam C. J. Walker, the first woman Black History Month celebrations provide ter path to economic empowerment. self-made millionaire of any race built excellent opportunities to inform young and old The accomplishments of African Americans an economic empire starting with $1.50 alike of African American contributions to are too numerous to actually list. From the tu- in capital. In 1905, Madam Walker America and the world. The origins of the multuous birth of our great Nation to this founded Madam C. J. Walker Manufac- celebrations of black history as Black History present day, African Americans have contrib- turing Company, the Nation’s first suc- Month date back to 1926, when Dr. Carter G. uted to all that is good about America. cessful black hair care products com- Woodsen set aside a special period of time in Black History Month is an ongoing celebra- pany. Madam Walker’s company February to recognize the heritage, achieve- tion of victory. It is a celebration of our very trained thousands of black women in ments and contributions of African Americans. survival and rise from oppression to recog- her beauty schools and colleges. Her It has only been since 1976 that we officially nized accomplishments and achievements. company sales force eventually exceed- designated February as Black History Month. Our challenge today is to become economi- ed more than 20,000 agents in the African Americans have made unique con- cally empowered through the ownership of United States, the Caribbean and Cen- tributions to the scientific and technological business and the aggressive participation in tral America. advancement of this country and to the growth business opportunities. Arthur G. Gaston founded the Booker and popularity of American culture around the Mr. STOKES. Mr. Speaker, I thank T. Washington Burial Society in 1923. world. Many of the modern conveniences that the gentlewoman from Texas for her el- He parlayed his company, which guar- we enjoy today were invented by African oquent statement on this occasion. anteed African Americans a decent Americans. I yield to the distinguished gentle- burial, into a conglomerate of 10 com- Where would we without the stop light, in- woman from California (Ms. WATERS), panies that included two radio sta- vented by Garrett Morgan; the incandescent chairperson of the Congressional Black tions, a construction company, a bank, light bulb, invented by Lewis Latimer; Dr. Caucus. Over the number of years I two funeral homes, a motel and a nurs- Charles Drew, a pioneer in blood research have taken out this special order annu- ing home. When he died in 1996, he sold who established the first blood bank; and ally to celebrate Black History Month, several of his businesses, valued at $34 George Washington Carver who revolutionized I have always done so in conjunction million, to his employees. the Agricultural Economy of the South with his with whomever was the chairperson of John Johnson, chairman and chief novel ideas on crop rotation. the Congressional Black Caucus. And I executive officer of Johnson Publishing Today, African American scientists and as- am delighted this year to have my Company, pioneered one of the Na- tronauts are expanding our knowledge of name associated with that of our dis- tion’s largest black-owned businesses H420 CONGRESSIONAL RECORD — HOUSE February 11, 1998 and the world’s largest black-owned ment through Black entrepreneurship is a key of the country's most successful and diverse publishing company. In 1942, with a to creating jobs, wealth and opportunities in African-American owned communications $500 loan secured by his mother’s fur- our communities. companies. In May, 1970, Lewis and partner niture, Mr. Johnson started his com- Our history is rich with African Americans Clarence O. Smith published the first issue of pany, which now includes Ebony, Jet, who created economic opportunities for others ESSENCE Magazine, a fashion magazine for EM, that is Ebony Man, and other en- by owning, operating and building their own black women. Today, ESSENCE Communica- terprises. Today Johnson Publishing businesses. The early trailblazers include tions Inc. is synonymous with black woman- Magazines employ over 2,700 people and black entrepreneurs like Madam C.J. Walker, hood. reach more than 20,000 readers in 40 A.G. Gaston and John Johnson. James Bruce Llewellyn has built several countries. Madam C.J. Walker, the first woman self- multimillion dollar companies. He currently is While C. J. Walker and A. G. Gaston made millionaire of any race, built an eco- the president of the Philadelphia Coca-Cola and John Johnson paved the way, Regi- nomic empire starting with $1.50 in capital. In bottling companies of one of the largest Coca- nald Lewis and Robert Johnson raised 1905, Madam Walker founded Madam C.J. Cola Bottling distributorships in this country. black entrepreneurship to another Walker Manufacturing Company, the nation's The Philadelphia Coca-Cola Bottling Company level. They used savvy deal-making first successful black hair care products com- currently employs over 1,000 people. and Wall Street financing techniques pany. Madam Walker's company trained thou- Earl G. Graves, Sr. launched Black Enter- to create two of the largest publicly sands of black women in her beauty schools prise magazine in 1970. His magazine set the traded African American controlled and colleges. Her company's sales force standard for informing African American entre- companies in America. Reginald Lewis, eventually exceeded more than 20,000 agents preneurs ``how to'' start and grow a successful a Wall Street lawyer, used his financial in the United States, the Caribbean and Cen- business. Black Enterprise magazine now and legal savvy to buy Beatrice Inter- tral America. boasts more than 3.1 million readers and has national Food Company, a global giant Arthur G. Gaston founded the Booker T. a controlled subscriber base of 300,000. of 64 companies in 31 countries. With Washington Burial Society in 1923. He Bill Cosby is one of the most highly-paid TV that acquisition, he parlayed TLC Bea- parlayed his company, which guaranteed Afri- personalities in America. After cutting his first trice into the largest African American can Americans a decent burial, into a con- comedy album in 1964, Cosby went on to star controlled business in the United glomerate of 10 companies that included two in several television series, including ``I Spy,'' States. In 1992, TLC Beatrice had reve- radio stations, a construction company, a ``The Cosby Show''ÐNBC's top-rated program nues of $1.54 billion. When he died in bank, two funeral homes, a motel and a nurs- through most of the late 80s and the new sit- 1993, he had a net worth of $400 million. ing home. When he died in 1996, he sold sev- com ``Cosby.'' Cosby also is known for his eral of his businesses valued at $34 million to His wife Loida N. Lewis currently runs Jell-o commercials with children; as the nar- his employees. the company. rator of the ``Fat Albert'' cartoons and as a John Johnson, Chairman and chief execu- Robert Johnson also recognized early producer and creator of other television tive officer of Johnson Publishing Company, on the power of Wall Street to create shows. Cosby and his wife, Camille, have pioneered one of the nation's largest black- economic opportunities. In 1980, he cre- been active in education circles through their owned businesses and the world's largest ated Entertainment Television, the donations amounting to over $20 million to black-owned publishing company. In 1942, largest black cable television and en- black women's colleges. Mr. Cosby's earnings with a $500 loan secured by his mother's fur- tertainment network. In 1991, BET be- niture, Mr. Johnson started his company, exceeded $33 million last year. Oprah Winfrey, queen of the afternoon talk came the first African American owned which now publishes Ebony, Jet, EM (Ebony shows, worked her way up from a local TV re- and controlled company traded on the Man), and other enterprises. Today, Johnson porter to a morning talk show host. Her lively, New York Stock Exchange. BET has Publishing magazines, employ over 2,700 aggressive, intelligence and streetwise com- revenues in excess of $132 million. people and reach more than 20 million read- Several African American entre- ers in 40 countries. mon sense made her a popular television per- preneurs and entertainers have contin- While C.J. Walker, A.G. Gaston and John sonality who earns top ratings and numerous ued the legacy of ownership and em- Johnson paved the way, Reginald Lewis and television awards. Winfrey is also a savvy powerment for African Americans. Robert Johnson raised black entrepreneurship business woman. In 1988, Winfrey purchased These include among others: Edward to another level. They used savvy deal-making a Chicago-based movie and television produc- Lewis, J. Bruce Llewellyn, Earl Graves, and Wall Street financing techniques to create tion facility that she renamed Harpo Studios. Berry Gordy, Bill Cosby and Oprah two of the largest publicly-traded African- She has used Harpo Studios to produce her Winfrey. American controlled companies in America. own television dramas and series. She made Edward Lewis, the publisher, chair- Reginald Lewis, a Wall Street lawyer, used over $200 million last year. man and CEO of Essence Communica- his financial and legal savvy to buy Beatrice We have made tremendous strides in creat- tions, heads one the country’s most International Food Co., a global giant of 64 ing black-owned businesses. Between 1987 successful and diverse African Amer- companies in 31 countries. With that acquisi- and 1992, the number of black-owned busi- ican owned communications compa- tion, he parlayed TLC Beatrice into the largest nesses grew by 46 percent. Revenues also nies. In May 1970, Lewis and partner African American controlled business in the rose by 63 percent from $19.8 billion to $32.2 Clarence O. Smith published the first United States. In 1992, TLC Beatrice had rev- billion. Black Enterprise reports that the lead- issue of Essence Magazine, a fashion enues of $1.54 billion. When he died in 1993, ing black industrial and service firms created magazine for black women. Today Es- he had a net worth of $400 million dollars. His more than 4,000 new jobs between 1995 and sence Communications Incorporated is wife, Loida N. Lewis, currently runs the com- 1996. synonymous with black womanhood. pany. However, in 1992, African Americans and I cannot go into Mr. James Bruce Robert Johnson also recognized early on other minorities, collectively, owned only 11 Llewellyn, Mr. Earl Graves, Mr. Bill the power of Wall Street to help create eco- percent of all businesses in America. Annual Cosby, Oprah Winfrey, and of course nomic opportunities. In 1980, he created Black sales receipts for minority-owned businesses Berry Gordy. But I have mentioned Entertainment Television, the largest black averaged only $202,000, compared with an them and we shall continue to make cable television and entertainment network. In average of $3.3 million for white-owned busi- this information available to all. 1991, BET became the first African American- nesses. I thank the gentleman very much for owned and controlled company traded on the To bridge those gaps and build economi- this opportunity to share the contribu- New York Stock Exchange. BET has revenues cally sound communities, the development of tions of these wonderful African Amer- in excess of $132 million dollars. more black businesses is essential. Economic icans. Several African Americans entrepreneurs power today will mean jobs, creation of Mr. Speaker, today I rise to join my col- and entertainers have continued the legacy of wealth, and continuing political clout in the fu- leagues in celebrating Black History Month. ownership and empowerment for African ture. Each year during the month of February we Americans. These include, among others, Ed- As Madam C.J. Walker was fond of saying, consciously take time to acknowledge and cel- ward Lewis, J. Bruce Llewellyn, Earl Graves, ``I am not merely satisfied in making money for ebrate the history and accomplishments of Af- Sr., Berry Gordy, William Cosby and Oprah myself, for I am endeavoring to provide em- rican Americans in this country and worldwide. Winfrey. ployment for hundreds of women of my race.'' As we reflect on our history, I am more con- Edward Lewis, the publisher and chairman/ ``I had to make my own living and my own op- vinced now than ever that economic develop- CEO of Essence Communications, heads one portunity! But I made it! That's why I want to February 11, 1998 CONGRESSIONAL RECORD — HOUSE H421 say . . . don't sit down and wait for the oppor- Blake, founded in 1916, paved the way Americans who are achieving phenome- tunities to come . . . Get up and make them!'' for many of today’s successful busi- nal success on Wall Street. Among b 2030 nesses. them are John Utendahl, a bond trader Wisconsin now has a number of Afri- who founded Utendahl Capital Part- Mr. Speaker, I thank our distin- can-American radio stations and news- ners, the largest black-owned invest- guished chairperson of the Congres- papers, including the Community Jour- ment bank in the United States. His sional Black Caucus for her statement nal, the Milwaukee Time, and the Mil- firm has been involved in over $250 bil- and her participation in this Special waukee Courier. These publications lion worth of transactions. Order. and outlet serve as a window on the Another success story, a friend of Mr. Speaker, I am pleased now to community, highlighting the achieve- mine, young Ron Blaylock from New yield to the distinguished gentleman ments of the community they cover. Jersey, a young man in his 30s, founded from Wisconsin (Mr. BARRETT). But these businesses are just the tip Blaylock and Partners, the first minor- Mr. BARRETT of Wisconsin. Mr. of the iceberg when we talk about Afri- ity firm to manage a corporate bond Speaker, I thank the gentleman from can-American businesses in Wisconsin. underwriting. His firm supervised the Ohio (Mr. STOKES). It is an honor to be African-American entrepreneurs have $150 million issue on behalf of the Ten- here tonight with him. established grocery stores, child care nessee Valley Authority. Today I honor the accomplishments centers, health care centers, law firms, We all know Marianne Spraggins, the and advancements of African Ameri- eye care centers, engineering firms, top achieving African-American cans, and I join the celebration of data centers, sales and marketing serv- woman on Wall Street, who took on Black History Month. It is fitting that ices, and many more. Some of these the challenging position of CEO for we honor African-American business businesses have succeeded in securing W.R. Lazard, a black-owned firm. One African American caught in pioneers this year, as we are in the contracts and investing millions of dol- downsizing of Occidental Petroleum, midst of record economic growth. lars in community development William Davis, started his own com- Many African-American businesses projects. Just last summer an African pany, Pulsar Data Systems. This $166 have indeed made strides in the busi- American-owned contracting company million business is now the largest ness world. secured the largest 8(a) contract The Reverend Martin Luther King owned black computer firm. awarded by the U.S. Small Business In addition to large-scale companies, saw the economic potential of the Afri- Administration in Wisconsin’s history. can-American community and called successful small businesses are being Bowles Construction of Milwaukee re- started every week in communities for the use of that power. He said, ‘‘We ceived a $6.1 million contract for a are a poor people individually. Collec- throughout the Nation. I am very flood control project over the Wiscon- proud of the entrepreneurs in my con- tively, we are richer than all the na- sin River. tions in the world, with the exception gressional district in New Jersey, who This month, during Black History have worked hard to build their busi- of nine. We have an annual income of Month, we can all take pride in the more than $30 billion a year. That is nesses. success of both past and present Afri- Our local communities are enhanced power right there if we know how to can-American businesses. These busi- by the presence of successful businesses pool it.’’ nesses have become a growing, integral in the 10th District. Starting very In my home city of Milwaukee, and part of the healthy economy America quickly with the City National Bank, a across the Nation, African-American is enjoying today. They deserve this minority-owned bank, chaired by Mr. businesses have made the sacrifices recognition, and we should all be proud Lewis Prezau; Dunn and Sons, a jani- necessary to achieve success in the of what has been accomplished. torial service owned by Malcolm Dunn; business world. These efforts have Mr. STOKES. Mr. Speaker, I thank Bradford and Byrd, also a janitorial paved the way for today’s African- the gentleman from Wisconsin for his service, owned by Avery and Trina American businesses and entrepreneurs participation tonight, and at this time Byrd; Ke’Dar Books, a store that sells and established a solid business envi- I am pleased to yield to the distin- books on Bergen Street, owned by a ronment in which minority-owned guished former chairman of the Con- former student of mine, Jack Martin; businesses now grow and prosper. gressional Black Caucus, the gen- P.C. Pros, a computer company owned One of these businesses, the Colum- tleman from New Jersey (Mr. PAYNE). by an outstanding businesswoman, bia Building and Loan Association, was Mr. PAYNE. Mr. Speaker, let me con- Avis Yates; JOHNSON Publication Com- the first African-American financial gratulate the gentleman from Ohio pany of New Jersey, which produces institution in Milwaukee. The business (Mr. LOU STOKES) again for his effort of many publications, including the popu- has been located at Fond du Lac and bringing forth our African-American lar newspaper City News; and Evan 20th, in the heart of Milwaukee, since history to the Nation. We will cer- Bow Construction, owned by the Bow- it was founded in 1915. The founders, tainly miss him when he departs from ser brothers; Justin’s Mens Clothing in Wilbur and Ardie Hayland, were com- this great body. South Orange, New Jersey. mitted to development in the African- Mr. Speaker, I rise to join my col- And so during this Black History American community and used their leagues this evening in commemorat- Month, as we celebrate, I conclude by business to invest in and develop ing Black History Month, which is saying that even during the era of slav- homes and businesses. They saw that celebrating the achievements of Afri- ery, free blacks were successful busi- African Americans could not secure can Americans in the field of business. ness owners. RECORDs show back in the loans from white institutions and the This year’s theme, African Americans 1700s, as we have heard, Paul Cuffe was housing situation in their community in Business: The Path Towards Em- a shipper and merchant in New Eng- was bleak. They decided to do some- powerment, is very fitting at a time in land; James Wormley owned a hotel thing. As a result, great strides were history when so many talented Afri- right here in Washington, D.C.; Wil- made in this community. The Colum- can-American men and women are liam Johnson owned a string of barber bia Building and Loan is still in busi- playing leading roles in our Nation’s shops in Natchez, Mississippi. And ness today as the Columbia Savings business sector and taking their right- after the Civil War many African and Loan. ful place in national and international Americans were established in busi- Another Wisconsin African-American economic affairs. nesses. pioneer, William Green, was the author According to the Census Bureau’s So as I conclude, I do want to men- of Wisconsin’s first civil rights legisla- survey of minority-owned business en- tion this is the hundredth anniversary tion, the Wisconsin Civil Rights Act of terprises, the number of black-owned of the birth of Paul Robeson, a Jersian, 1895, which outlawed discrimination in businesses has increased 46 percent in a 12-letter man in every athletic event public places. Mr. Green came to Wis- recent years. The 100 largest black- that they played at the time, an out- consin in 1887 and graduated from the owned companies in the United States standing singer, but who had to fight law school there in 1892. generated revenue of over $14 billion. to get on the chorus, on the glee club, Wisconsin’s first African-American Last summer Fortune Magazine and who was not allowed to play foot- newspaper, the Wisconsin Enterprise- profiled a new generation of African ball initially when he first went out. H422 CONGRESSIONAL RECORD — HOUSE February 11, 1998 He ended up with a broken rib and de- the present, and encourage the development The late Dr. Martin Luther King, Jr. was and stroyed his hands, but he went back to and education of future leaders: the children. will remain one of America's most revered and say he was going to play. He became an One of the reasons I celebrate black history honored leaders as an advocate for racial har- all-American. And with that I yield month is because I believe that African Amer- mony. Like many other leaders of the 1960's, back to the gentleman. ican history is the foundation of American his- Dr. King's assassination took him from us Mr. STOKES. Mr. Speaker, I thank tory: They are indeed one in the same. African physically, but his spirit of leadership and his the gentleman from New Jersey and, American history is a celebration of the jour- vision for racial equality still lives. Mr. Speaker, I express my appreciation ney of a people from which all Americans are Economic empowerment is what all of us to all the Members who have partici- able to witness the meaning of strength, per- here are seeking to sustain and create. We all pated in this Special Order. severance, resilience, talent, faith, leadership, want to develop and strengthen our commu- Mr. FILNER. Mr. Speaker, I rise today and economic empowerment, and vision. nities economically by creating jobs and other join my friends and colleagues in celebrating Strength was what the African ancestors opportunities to make sure that our neighbor- and honoring Black History Month. As we ob- drew upon when they were stripped from their hoods are prosperous and our children are serve and reflect on the achievements of Afri- native land, chained in the bowels of a slave provided for. can-Americans in our Nation, I enthusiastically ship, and forced to make the traumatic trans- All of these attribute I have touched upon support and salute this year's theme, ``The atlantic voyage into the unknown. lead us to vision. African-Americans have al- Path Towards Empowerment.'' Strength was the African slaves' will to sur- ways had a vision, whether it was of freedom, The African-American business community vive in a foreign land, under violent, torturous equality, voting rights civil rights, economic has been the hallmark of empowerment efforts and deplorable conditions for over 260 years. stability or justice. It must be noted historically in my Congressional District. This year marks Perseverance was when Harriet Tubman, that, when reviewing the visions of African the fifth consecutive year that I will host a ``the Moses of her people'' led slaves to free- Americans from one point in history to an- Small Business Conference in my Congres- dom countless times, dubbed ``the under- other, one thing rings true: The vision is al- sional District in San Diego. These con- ground railroad'' in the face of danger and ex- ways realized. ferences have already opened the doors of haustion. I am pleased to be a co-sponsor of As we approach the year 2000, we should opportunity to many African-American busi- Mr. STOKES' bill, H.R. 1635, the national un- all take a long, hard look at the journey that nesses which lacked such access in the past. derground railroad network to Freedom Act of our ancestors have taken, that we have These seminars have been concentrated in 1998. This legislation would authorize the Na- takenÐand how, we need to look at the road the African-American community and have tional Park Service to link together in a coordi- we have left for our children to take on their produced significant achievements. Bryco Dis- nated and cohesive fashion the many sites, journey. tributing Company, one of San Diego's largest structures, activities, museums and programs We leave our children with a rich history full paper goods distributing companies, has relo- that commemorate and celebrate this African of leaders and innovators, of men and women cated into my Congressional District. We are American triumph. who made a difference and ensured the sur- Resilience is Booker T. Washington, who, also developing both a Business Improvement vival of a race of people in the face of adver- after walking from West Virginia to Hampton sity. District and a Micro-Business District in the Institute located in Hampton, Virginia, swept Yet, as we prepare to pass the legacy of a heart of San Diego's African-American com- the floors of a classroom as his admissions people to the next generation, it is still incum- munity. test, and went on to become the principal of bent upon us to tell the story, to celebrate the Government contracting has also increased Tuskegee Institute in Tuskegee, Alabama. history. We must impress upon our children opportunities for the African-American busi- Washington played a defining leadership role not to give up, but to always hope. They must ness community. The Navy Exchange system in American politics in the early 1900's. hold onto the vision for their journey, and stick has enabled an African-American baking Talent is defined by the great storytellers of with it until it is realizedÐas our African Amer- goods company to acquire a Navy vendor the Harlem Renaissance era, like Langston ican forefathers and mothers did. contract. Construction contracts for Navy Hughes, James Weldon Johnson, Nella It is impossible for me to recognize all of the housing and other facilities have given African- Larsen, and Claude McKayÐwriters who drew African-Americans throughout history who American contractors, subcontractors and ven- upon their own experiences and societal Afri- have influenced our lives. However, I am truly dors valuable opportunities of historic propor- can American culture as the basis of their thankful that, with the leadership of Represent- tions. compelling text. ative STOKES and others here today on the My own efforts have also attempted to pro- Talent is the musical genius of Count Basie, floor, we take the time to recognize black his- vide local empowerment through the business Duke Ellington, Ella Fitzgerald and Louis Arm- tory month. community. I am working with local African- strong, who developed the wonders of jazz Today, we are celebrating the African-Amer- American leaders to foster a strong working music and laid the foundation of America's ap- ican journey and are passing the legacy onto relationship with the African-American Cham- preciation for many genres of contemporary the next generation. I am proud to have par- ber of Commerce in my district. I regularly re- music. ticipated in this special order commemorating view actions of the Small Business Administra- Faith is what the late Jackie Robinson had black history month in 1998. tion (SBA) and that of local banks to monitor when he became the first black player in mod- Mr. CONYERS. Mr. Speaker, I rise on this adherence to California's Community Rein- ern major league baseball in 1947, an act the 11th day of Black History Month to salute vestment Act passed to guarantee investment which helped break down racial barriers in African-Americans in business. In Martin Lu- in traditionally red-lined communities. I have professional sports. We just celebrated the fif- ther King's ``I have a Dream'' speech, he also supported efforts of the Economic Com- tieth anniversary of his feat last year, marking spoke of a promise that America made to its munity Magazine to create an Entrepreneurial this triumphant point in history and reminding people: ``A promise that all men, yes, black Training Center. our youth of how far we have come and how men as well as white men, should be guaran- Our efforts here and at home on behalf of far we have yet to go in fighting discrimination. teed the unalienable rights of life, liberty and African-American businesses work to further Faith is what Rosa Parks had when she de- the pursuit of happiness.'' Today as more and strengthen this community and create addi- nied a white person a seat on a bus, which more young black women and men graduate tional opportunities. It is this community em- helped lead us into the greatest movement in from colleges and business schools, medical powerment which will ultimately sustain on- American historyÐthe civil rights movement. and law schools across this land, they are tak- going efforts to ensure equality, guarantee jus- Faith is what nine students in little rock, Ar- ing Dr. King's dream and turning it into a re- tice and maintain hope in the future. kansas had when they integrated Little Rock ality. In 1960, 141,000 African-Americans at- Mr. HOYER. Mr. Speaker, I rise today to Central High School in 1957, becoming sym- tended college, in 1988 785,000 African-Amer- join my colleague, LOUIS STOKES, in celebra- bols of educational equality. icans attended. Two decades ago, only a tion of black history month. This special order The late Thurgood Marshall demonstrated handful of African-Americans graduated from is a time honored tradition in the House, and leadership when he became the first black as- MBA programs whereas in 1995, 4000 Afri- I always enjoy participating. sociate justice of the supreme court in 1967. can-Americans graduated. There is a strong For the past 17 years, I have celebrated The vital role he played as counsel in Brown correlation between higher education and Afri- black history month with the families, commu- v. Board of Education Topeka, Kansas left an can-American business success. By utilizing nity leaders and elected officials of the fifth indelible mark on the history of education in their hard won knowledge and mixing it with congressional district in Maryland, together, America, eliminating the cruel ruse of ``Sepa- their strength and perseverance, African- we reflect the memory of African American rate but equal''Ðoverturning Plessy v. Fer- Americans are becoming more empowered leaders past, honor the leaders and activists in guson. through entrepreneurship each day. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H423 According to ``Banking on Black Enterprise'' America Award,'' and, last year, she was in- The Reverend F. Brannon Jackson and his a new community of African-American busi- ducted into Gary's first Women's Museum of wife, Doris, are another Northwest Indiana nesses are emerging. From 1987 to 1992, Af- Cultural Development. Sharon started her own success story. Reverend Jackson came from rican-American businesses grew by over 45 agency with no customers and, for years later, Mobile, Alabama in 1946, and became pastor percent. Between the years of 1984 and 1994, was the number one insurance agent in the of his church on December 1, 1965. Doris African-American pilots and navigators in- State of Indiana. She truly made it on her graduated from East Chicago Washington and creased 650%, dentists 311% and black engi- own. However, Sharon does not focus the studied fine arts at the Chicago Art Institute. neers 173%. Other factors such as corporate story of her success on herself. She talks She opened her own boutique in downtown procurement plans and municipal plans have about the support of Gary citizens, and about Gary, and has been in business for almost 17 the numerous young African-American women led to empowerment for African-Americans. years. While Reverend Jackson has served as who have worked in her office as Marketing Programs of this nature such as the General President of the Ordinary General Missionary Representatives, five of whom have started Motors African-American empowerment forum Baptist State Convention of Indiana, Chairman for small minority-owned business and the their own businesses and four of whom have returned to college. of the Office of Convention and Meetings for Michigan Minority Business Development the National Baptist Convention, USA, and workshops and conferences have also opened Imogene Harris is a Gary native, who earned her undergraduate degree from Indi- Treasurer of the City of Gary's Commission on doors for African-American businesses. Economic Development, Mrs. Jackson has We must fight to maintain these gains and ana University and undertook graduate studies ensure the growth of the African-American at Valparaiso and Purdue Universities. She supported his efforts in a tangible way by middle class into the next century. Every time was a teacher with the Gary School Corpora- keeping her own shop in downtown Gary, that a little black boy or black girl takes their tion for 12 years and became President and while many of her neighbors moved their busi- first step into a school, Dr. King's dream takes Publisher of the family-owned Harris Printing nesses elsewhere. Both Reverend and Mrs. Co. and INFO News in 1978. She and her one step closer to becoming reality and every Jackson have stood by and sustained down- husband, James T. Harris, have worked at time that a new African-American business town development and committed many hours their business for nearly 48 years. Imogene is opens, Dr. King's dream takes yet another to making Northwest Indiana safe for worship actively involved in the community and works step closer to reality. Our successes in entre- and shopping. They are two beacons in the with the Gary Chamber of Commerce Board, Gary Community, providing both economic preneurship are numerous, our chances for the Urban League of Northwest Indiana Board, further growth, limitless. and spiritual leadership. Mr. VISCLOSKY. Mr. Speaker, in honor of the Gary Accord Board, and the NAACP. Ad- ditionally, she holds membership in numerous Dorothy Leavell is the Editor and Publisher Black History Month and its 1998 theme, Afri- organizations, including the National News- of the Crusader Newspapers, which are pub- can-Americans in Business, I would like to paper Publishers Association, the Great Lakes lished in Gary and Chicago. Dorothy attended draw your attention to seven distinguished Broadcasting Board, the Delta Sigma Theta public school in Arkansas and Roosevelt Uni- residents of Indiana's First Congressional Dis- Sorority, and the Delaney United Methodist versity in Chicago. In June of 1998, the Chi- trict. These business people have achieved Church. She has been honored by the Phi cago Crusader will celebrate 58 years of con- stunning success while generously giving of Beta Sigma Fraternity, the NAACP (nationally tinuous publishing, and the Gary Crusader will themselves to the community. and locally), NCNW and many other organiza- celebrate 37 years of operation. Dorothy took Nathaniel Z. Cain is a native of Gary. With tions. In addition, Imogene has received the over the newspapers upon the untimely death his wife, Jacqueline, they raised 3 children, Gary Frontiers' ``Drum Major Award'' and the of her first husband, Balm L. Leavell, Jr. She Fred, Jeff and Natalie, and now have 3 grand- ``Distinguished Hoosier Award.'' She has con- had been working there for 7 years as an Of- children. Nate started his business career in tinually distinguished herself as an individual the automobile industry after serving 4 years fice Manager and Business Manager before committed to equality, actively working to taking over the helm of the Crusader News- in the U.S. Marine Corps and 2 tours of duty eradicate racism and prejudice through provid- in Vietnam. He began working at a Ford deal- papers in 1968. Dorothy's newspapers have ing a forum in which issues can be addressed never missed a single issue. ership in Gary in 1969, began buying stock in a productive manner. She has been com- ownership in dealerships in 1986, and, in mitted to the improvement of Gary for 50 Dorothy has been involved in numerous 1996, bought the same Ford dealership in years and much of the progress that has been civic and humane organizations. She founded Gary in which he had begun his career in made can clearly be attributed to her. and sponsored the ``Odyssey Club,'' a teen 1969. He currently serves as President and Roosevelt Haywood came to Indiana from club at her church, dedicated to raising funds Dealer-principal of Tyson Ford and Tyson Lin- Mississippi in 1948, and he attended Indiana and items necessary for teens to further their coln-Mercury and Vice-President of Melrose University. He has a wife and seven children educational and career goals. Her contribution Lincoln-Mercury. and is currently the owner of Haywood Insur- to community service has earned her many Nate has been recognized and rewarded for ance Agency in Gary. Before going into the in- awards over the years, and she has been rec- his outstanding achievements throughout his surance business, Roosevelt was a member ognized with distinction by: the YMCA of Met- career. He was awarded 4 medals for his of the United Steelworkers' Local #1014. Roo- ropolitan Chicago; Holy Name of Mary School service in Vietnam: the National Defense sevelt built his successful business on his Board; Prospair Ladies Social Club, and the Service medal, two Vietnam service medals own, but he has been an active member of National Association of Black Media Women. (1st & 2nd awards), and the Vietnam cam- the community while doing so. He is currently She has received the Operation PUSH ``Fam- paign medal. He received numerous awards at Vice-President of the Gary branch of the ily Affair Award''; ``Fourth District Community the Tyson Motor Corp. in Joliet, Illinois, and in NAACP, Vice-President of the Gary Black In- Improvement Association Award'' in Gary; 1996 received the ``100 Champions Award'' for surance Agents and Brokers Association, a ``Dollars and Sense Award''; Mary McLeod Be- the top 100 Lincoln-Mercury Dealers. He has Deacon-Trustee at his Baptist Church, and a thune Award''; the ``Publishing Award'' from also been listed on Black Enterprise maga- Board Member of the Brothers' Keeper. His the National Association of Negro Business zine's Top 100 Black Auto Dealers List since record of civil service is extensive. Roosevelt and Profession Women's Club, and the 1990. Throughout his career, Nate has been worked as a State Chairman of the Fair Share ``NNPA's Publisher of the Year Award'' in involved in his community, serving on various Organization, a civil rights group that broke 1989. Dorothy has been a member of the Na- boards and councils, including the Board of down the discrimination barrier over a decade tional Newspaper Publisher Association Directors of the Boys & Girls Clubs of North- ago in Gary, Michigan City, and East Chicago, west Indiana, the Gary Mental Health Associa- Indiana. He founded and served as President (NNPA), for more than 25 years, and she is tion, the Urban League of Northwest Indiana, of both the Gary United Council of Midtown currently serving her second term as president the Board of Trustees of the Gary YWCA, the Businessmen and the Gary Toastmasters of NNPA, which represents more than 215 Af- National Auto Dealers Association, the Ford- International. He also served as Vice-Presi- rican-American newspapers in the United Lincoln-Mercury Minority Dealers Association, dent of the Minority Business Steering Com- States. Dorothy has always had a keen inter- and the Chrysler-Plymouth Minority Dealers mittee and on the Advisory Board of the Urban est in art, and she donated her personal art Association. His story is clearly a tribute to League. He served as President of the collection valued at over $50,000 to the economic success and civic devotion. Ambridge-Mann Community Board and the In- DuSable Museum of African-American History Sharon L. Chambers is an insurance agent diana Association of Black Insurance Profes- in Chicago in the 1970's. Dorothy is currently with State Farm in Gary, where she lives with sionals. Finally, he served as a member of the married to John Smith, and she has two her daughter, Sheena. Sharon received a de- Gary Library Board, the Gary Parks and grown children, Antonio and Genice Leavell. gree from Indiana University and started her Recreation Board, the Lake Country Economic She also raised a niece and nephew, Sharon own insurance agency in 1984. Sharon has Opportunity Council, Inc., and the Gary Com- and Leonard Gonder, and has four grand- received the ``Outstanding Young Women of mon Council. children. H424 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Mamon Powers' college education at Camp- teaching children with a career in teaching the bought the Houston Defender at the age of 27 bell College in Mississippi was interrupted community as a whole. George Washington with money she had saved and borrowed from when he was drafted to serve in the European Carver once said, ``How far you go in life de- family and friends and practically ran it by her- theater during World War II. He served for al- pends on your being tender with the young, self during her first year of ownership. Since most three and a half years, and was dis- compassionate with the aged, sympathetic then, the Houston Defender has won numer- charged as a Sergeant Major in April 1945. He with the striving, and tolerant of the weak and ous awards, including an NAACP Carter G. then followed his sweetheart north, and settled strong. Because someday in life you will have Woodson Award in the early 1990s for the pa- in Gary to work in the steel mills. But Mamon been all of these.'' These seven people have per's focus on equity issues, and Sonny Mes- did not end up working in the mill, instead de- indeed been tender, compassionate, sympa- siah Jiles was selected as publisher of the ciding to try carpentry. Relying on the experi- thetic and tolerant. And they have met with year in 1991 by the National Newspaper Pub- ence the had gleaned through this father's great success, both personal and professional, lishers Association. long association with the trade, he joined the because of it. The Houston Sun provides extensive cov- Carpenters' Local #985, and was the first In closing, Mr. Speaker, I would like to com- erage of community, local, and national news, black carpenter's apprentice in the program. mend my esteemed colleagues, LOU STOKES with a goal, as stated by publisher Dorris Ellis, He worked at Means Brothers Construction and MAXINE WATERS, for arranging today's ``to provide news and information the commu- Co. during the day and at night worked at get- Special Order on Black History Month. LOU nity could use and trust.'' Dorris Ellis began ting his degree from Horace Mann, from which and MAXINE truly lead the House of Rep- publishing The Sun out of an extra room in he graduated in 1949. resentatives in promoting racial conscious- her home, and it has since grown into much He was then noticed by his long-time men- ness, and their tireless work on behalf of Afri- larger offices and a respected role in Hous- tor, Andrew Means, who offered him a Vice- can-Americans is unparalleled. With his recent ton's African-American community. Presidency at Means Developers. Mamon retirement announcement, LOU promises to Dorris Ellis has long been active in a wide studied Mr. Means' building techniques and fi- leave a significant void in the House of Rep- range of community activities, dating back to nancial planning, and in 1955 formed his own resentatives. We will miss him, but I look for- her work as a poll-watcher at age 14 after partnership with drywall contractor, Hollis Win- ward to others benefitting from the example he elimination of the poll tax enabled more Afri- ters. Winters Powers Construction Co. built has provided, as well as continuing his legacy. can-Americans to vote. Today, she is presi- homes for 9 years before Mamon decided he Mr. BENTSEN. Mr. Speaker, I thank the dent of the Houston League of Business and wanted a company that was truly his own. In gentlemen for yielding. Professional Women and of the Houston As- 1967, Powers & Sons Construction Co. began. Mr. Speaker, I rise to join our Nation in cele- sociation of Black Journalists, working suc- Amidst a city that was changing economically brating Black History Month. In keeping with cessfully to double the membership of each and politically, Mamon changed with the time, this year's theme of ``African Americans in organization. A former kindergarten teacher, branching out into commercial construction, Business: The Path Towards Empowerment,'' Dorris Ellis has always made education and and bringing two of his sons into the business I want to take this opportunity to honor African youth high priorities. She has led many efforts with him. In 1971, Powers & Sons won its first American publishers in Houston who are busi- to improve literacy, volunteers often in public million-dollar contract, and, in 1987, it was ness leaders themselves and play a critical schools, and publishes articles by student named one of the top businesses in the Na- role in helping other businesses to succeed. journalists in The Houston Sun. tion. Black Enterprise magazine has recog- Part of this year's theme is empowerment, The Houston Forward Times has been a nized this feat for eight years. Mamon has and certainly the African American press is in- family affair since its founding in 1960 by Ju- contributed to many civic and charitable orga- valuable in empowering businesses to suc- lius Carter. His wife, Lenora ``Doll'' Carter, nizations and continues to volunteer and do- ceed, both in providing them with important joined the paper in 1961 as its advertising di- nate his time by lecturing at the various Gary community information and linking them to rector and office manager. After the death of schools on careers in the construction indus- customers through advertising. I have seen her husband in 1971, she became the pub- try. Powers & Sons continues his personal the value of the African American press first- lisher, and her children grew up working at the commitment on a professional level by provid- hand in Houston, which benefits greatly from paper. ing scholarships to area youths. a healthy number of African American commu- The Houston Forward Times has sought to These people are remarkable not just for nity newspapers. serve as an effective watchdog and voice for their astounding business success. They are Today, I want to take the opportunity to African American concerns in Houston, provid- doubly remarkable for having achieved such honor the publishers of these newspapers, in- ing tough reporting on critical government and success in arenas which were just beginning cluding Sonceria ``Sonny'' Messiah Jiles of community issues. Relying on a staff of 15 to open up for African-Americans. Marcus The Houston Defender; Dorris Ellis of The full-time employees, the Houston Forward Garvey's prediction, that African-Americans Houston Sun; Lenora ``Doll'' Carter of the Times plays a specific role in keeping the could accomplish what they willed, has been Houston Forward Times; Francis Page, Sr., of community informed on such issues. borne truthful by people like these fine citizens The Houston NewsPages; and Pluria Marshall, The Houston NewsPages began publishing of Northwest Indiana. Jr., of The Houston Informer. These news- in 1986 as a newsletter in which retail tenants But the `bootstraps' mentality is only one as- papers and their publishers were honored could advertise their businesses. Publisher pect of Garveyism, and these people's suc- when the National Newspaper Publishers As- Frances Page, Sr., remembers the painstaking cess can be measured in more than just pro- sociation held their annual convention in and time-consuming process of taking each fessional terms. These Northwest Indiana Houston in 1996, and it was rightly noted how article individually to the typesetter after it was leaders exemplify the true extent of success remarkable it is that Houston has so many written by his wife Diana Fallis Page, who is African-American business leaders have members of the Association. This is a testa- co-publisher and editor-in-chief. Today, the achieved; these men and women have not ment to the strength of the African-American paper is published utilizing state-of-the-art only made successes out of themselves, they community in our city and to the diversity of computer technology. have, and continue to, make successes of voices heard in Houston's marketplace of The Houston NewsPages seeks to highlight their communities, by devoting as much of ideas. the achievements of African-Americans and is their time and energy to others as they do to I want to take the opportunity to honor each known for its uplifting stories and eye-catching themselves. Sharon Chambers talks about the of these newspapers and their publishers. covers. From its humble beginnings, the paper African-American women she has mentored, The Houston Defender was founded in 1930 has grown tremendously and won numerous Mamon Powers talks about the man who by C.F. Richardson Sr., a journalist who used journalism awards, including the 1990 John H. mentored him. Roosevelt Haywood talks about his newspaper to fight racism and was often Stengstacke National Merit Award for General participating in organizations which broke the target of death threats and beatings by the Excellence, the most prestigious award given down the racial barriers facing African-Ameri- Ku Klux Klan. Since becoming the publisher in to African-American publications by the Na- cans in the area, and Dorothy Leavell de- 1981, Sonny Messiah Jiles has steered the tional Newspaper Publishers Association. scribes donating art in order to inspire other to paper back to its roots, focusing on economic The Houston Informer & Texas Freeman is achieve. The Reverend and Mrs. Jackson cou- and political issues while striving to promote the oldest African-American newspaper in ple their work for economic growth with a de- positive images of African-Americans. Texas and the third-oldest in the nation. While votion to community spiritualism. Nate Cain Sonny Messiah Jiles is a 20-year veteran of it has changed ownership several times in its followed his career in the military with a long Houston media, having worked in public rela- 105±year history, this weekly paper has never history of devoting his time to local youths. tions and radio, as well as hosting two long- missed an edition or lost its commitment to And Imogene Harris followed a career in running talk shows on minority issues. She firebrand journalism. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H425 Pluria W. Marshall, Jr., the current publisher Outgoing FCC Chairman Reed Hundt said As we observe Black History Month, I would of The Informer, has inherited a piece of this about William Kennard: ``Bill Kennard has like to recognize several African-Americans Texas history. The first issues of the paper fo- been the best General Counsel in FCC history from the area of middle and south Georgia cused on eradication of Jim Crow laws, equal and has successfully run the most difficult that I have the honor of representing who pay for black teachers, and other race related cases this commission has ever encountered. have achieved greatnessÐgreatness not only issues. In the 1920s and 1930s, the news- Under his leadership, we have dramatically because they have been extraordinarily suc- paper became a strong advocate for civil improved our win record in the Court of Ap- cessful in their own lives, but because they rights and grew into a chainÐsince dis- peals. We have also greatly expanded the have reached out and uplifted many others. bandedÐthat reached all major Texas cities depth and breadth of our recruiting and in- One of these Georgians is Apostle Isaiah and New Orleans. For more than two dec- stilled in all our audiences an awareness of Revills, a man of great stature physically who ades, George A. McElroy, a former Texas fairness and impartiality of our rulemaking.'' is also a giant spiritually. He was born in Southern University journalism professor, has As Chairman of the FCC, Bill continues to Moultrie, Georgia, in humble circumstances, served as editor-in-chief, leading the paper to demonstrate his commitment to assisting mi- 66 years ago, and was called to the ministry numerous honors from the Texas Publishers norities and small businesses through the at age 21. Since then, he has extended his Association and other organizations. Telecommunications Development Fund ministry in tent crusades throughout the United These five newspapers and their publishers (TDF), authorized under the 1996 Tele- States and has preached in Africa, Israel, Haiti play vital roles in Houston's African-American communications Act. The TDF promotes ac- and much of the world. He attracts thousands community, creating jobs and business oppor- cess to capital for small businesses to en- to his services at the First Albany Deliverance tunities themselves, helping other businesses hance competition in the telecommunications Cathedral in Albany, Georgia. He has been to succeed, and improving our community for industry, stimulate new technological growth named one of Georgia's 10 most prominent all Houstonians. I am pleased to honor them and development, and promotes universal black pastors and has been honored by gov- as we celebrate Black History Month. service. TDF is an important tool for minority ernors, legislators, mayors and members of Mr. DIXON. Mr. Speaker, in commemoration of Black History Month, I rise to recognize the entrepreneurs to access the capital necessary Congress. But most of all, his positive, vision- contributions of my fellow Los Angeleno Wil- to participate in the communications revolu- ary ministry has changed the lives of thou- liam Kennard, the new Chairman of the Fed- tion. He is a strong advocate for universal sands and thousands of God's children. eral Communications Commission, to the ex- service, an essential part of the 1996 Act that Brady Keys, Jr., a native of Austin, Texas pansion of minority entrepreneurship in the seeks to ensure that communities and con- who attended Colorado State on a football telecommunications industry. As we observe sumers are not negatively impacted by tele- scholarship and went on to become an all-pro 1998 Black History Month's theme of ``Africian communications deregulation. defensive back for the Pittsburgh Steelers, is Americans in Business: the Path to Empower- In talking of Bill's accomplishments, I want now a businessman in Albany, Georgia who ment,'' it is important to highlight the unique to knowledge the role that his parents, Robert oversees an empire that includes restaurant opportunity that Bill Kennard will now have as and Helen played in raising this important outlets, hair styling salons, a steel company, FCC Chairman to influence the path of minor- member of our community. I was a friend of real estate, oil and coal interests, and a vend- ity entrepreneurship in the modern techno- Robert Kennard, and greatly respected his ac- ing company. He was the first African Amer- logical age. Bill is in a position to promote a complishment in creating the largest black- ican to own and operate a franchise company. prosperous business climate through his stew- owned architectural firm in the western United His firm, The Keys Group Company, is ranked ardship of FCC actions impacting the commu- States. He started his Los Angeles firm shortly as one of the largest black-owned businesses nications and broadcasting industries. As we after returning from service in World War II, at in the country. He has served in many leader- near the end of the 20th Century, there will be a time when it was particularly difficult for ship positions, including membership on Presi- few businesses unaffected by changes in tele- Africian Americans to break into this business. dent Nixon's Advisory Council on Minority communications, internet and wireless serv- Clearly his dedication and commitment to Business Enterprise. His greatest success ices. As chairman of the FCC, this distin- excel has been passed on to his son. His story, however, is the opportunities he has guished Africian American will play a signifi- mother, Helen, worked in the Los Angeles given to young people. He has hired and cant role in ushering in these changes. school district, teaching English to non-English trained more than 150,000 youth, giving many Bill Kennard became chairman of the FCC speaking students. It is noteworthy that in his their first real job opportunity. on November 7, 1997, after having served FCC biography, Bill credits his parents with John R. Harris was an educator who stayed several years as General Counsel of the Com- teaching him the power of communication and close to home, serving as a teacher and prin- mission. A native of Los Angeles, he grad- the importance of building communities. cipal for 40 years in his native Early County uated Phi Beta Kappa from Stanford and re- With our help and support, the potential im- GeorgiaÐ19 years as principal of Early Coun- ceived his law degree from Yale Law School pact that Bill Kennard can have on minority ty Middle School in Blakely. He has been an in 1981. Before joining the FCC as its first business development in the telecommuni- inspiration to thousands of young people and Africian American general counsel, a primary cations industry cannot be underestimated. I a leader in his community for many years. He focus of his law practice was committed to as- ask my colleagues to join me in congratulating has served with the Chamber of Commerce, sisting minority business entry into the com- him on his accomplishments, and wishing him worked on literacy projects, and served as a munications marketplace. Bill served on the much success in a complex, often controver- gubernatorial appointee on the Georgia FCC's Advisory Committee on Minority Owner- sial, and powerful role as Chairman of the Agrirama Development Authority, which has ship in Broadcasting and was instrumental in Federal Communications Commission. meant so much to his area of Georgia. In expansion of the FCC's minority tax certificate Mr. BISHOP. Mr. Speaker, when Dr. Carter 1981, the Early County Board of Education program adopted by the FCC in 1982. When Woodson established the first black history ob- named and dedicated the Middle School members of Congress targeted the tax certifi- servance in 1926, he had several goals in Media Center in his honor in recognition of the cate program for elimination, Bill Kennard be- mind. many contributions he has made to the com- came the only senior FCC official to publicly As a historian, he wanted to make American munity. defend the program and advocate for its reten- history as accurate and as complete as pos- America has produced many heroes. They tion. sible. As an African-American who worked his are not limited to any race, or creed, or na- As general counsel of the FCC, he actively way up from poverty to become a renowned tional background. We find examples of great- recruited minorities to serve in policy making teacher, writer and scholar, he wanted to give ness among all people in this patchwork of positions, helping to place Africian Americans black people, particularly young people, a bet- cultures that has become the strongest, freest, in charge of four of the Commission's 16 oper- ter sense of their heritage and a more hopeful and most productive nation the world has ever ating bureaus and offices. Bill Kennard's re- vision of their own future and the country's fu- known Black History Month gives us an oppor- cruitment efforts resulted in significant in- ture. tunity to learn from their lives. creases in the number of minority lawyers These goals are being fulfilled. Americans Mr. GILMAN. Mr. Speaker, I rise in honor of throughout the commission. Prior to his arrival, everywhere recognize that African-Americans Black History Month for 1998. I would like to few minority attorneys had ever served in the have made substantial contributions in the thank the gentleman from Ohio [Mr. STOKES] Office of General Counsel in its 60 year his- sciences, in exploration, in business, in edu- for arranging this special order. tory; during his tenure, the office hired over 15 cation, in the arts, in politics and government, It is appropriate at this time that we call to minority attorneys, including 12 Africian Ameri- in entertainment and sports, in the military, in mind the outstanding black men and women cans. In addition, Bill created a Commission- religion, in citizenship, in every endeavor that who have contributed so much to our national wide mentoring program for new attorneys. has made our country what it is. prosperity. Many of these men and women are H426 CONGRESSIONAL RECORD — HOUSE February 11, 1998 yet to be properly recognized in history texts, month. I urge my colleagues and all Ameri- erty for all people in this Nation. To accept and as we approach the next millennium we cans to recognize the contributions African anything less diminishes the greatness of our must continually work towards correcting this Americans have made to our nation. Nation. great injustice, and towards acknowledging the Mr. MCINTYRE. Mr. Speaker, during the As your federal representative in Washing- role African Americans have played in making month of February our great Nation's schools, ton, I want to tell you about several important America the great nation that it is today. businesses, churches, and civic organizations pieces of legislation that I am cosponsoring For example, Crispus Attucks, a free black are making a special effort to proclaim the im- that will provide long overdue recognition to man of Boston, Mass., was the first American portance of African-Americans to this Nation's the African-American community. Recognition to die for the revolutionary cause. After we progress and success. of the varied and numerous contributions of achieved our national independence, a black We make this special effort for two fun- the African-American people to this country is man by the name of Benjamin Banneker was damentally important reasons: crucial to achieving our goal of unity and un- an integral planner in the lay-out of the Capital First, Black people of this Nation have suf- derstanding the completeÐnot partialÐhistory city, working to assist and expand upon the fered unfairly through generations of slavery of our Nation's African-American citizens. ideas of Pierre L'Enfant. and oppression. Today, I am grateful that we H.R. 773, the National African-American In our nation's fight to achieve civil rights are working together to ensure that all people Museum Act, seeks to remember the people and equality black men and women always are treated equally, both in word and deed. who have shaped this country's history. This took a leadership role. In the late nineteenth The second reason we mark this time with bill would authorize the establishment of the centuryÐwhen our nation stood divided, and Black History Month is that African-Americans National African-American Museum within the many black slaves were being massacred as have made substantive and vitally important Smithsonian Institution and thereby provide a examples to their peersÐheroes such as Har- contributions to this Nation's progress and center for scholarship and location for exhibits riet Tubman and Sojourner Truth organized success. Quite simply, we would be much di- related to African-American art, history, and the underground railroad, leading thousands of minished as a nation if it were not for the hard culture. black men and women to freedom, and ensur- work, insight, activism, leadership, and excel- That museum will be a wonderful starting ing that the lives of those murdered were not lence found within the African-American com- point for recognizing and respecting the Afri- spent in vain. munity. can-American people and their history of suf- When the Civil War was brought to its end, At the base of the Statue of Freedom on the fering and accomplishment. and racial discrimination was de jure abol- Capitol Dome in Washington is the Latin Consider the impact African-Americans have ished, black leaders such as Frederick Doug- phrase ``E Pluribus Unum''ÐOut of many, one. had in politics and civil rights. Of course, lass and W.E.B. DuBois fought to bring dis- This motto expresses very simply the key to Blacks have always been politically active. crimination to its de facto conclusion, speaking success for our great Nation. Out of the many Today, we should call special attention to out against the hypocritical, racist Jim Crow citizens of the United States, we must come Blacks who serve their Nation and commu- laws of the South. together to form one America. Building a nities in ways unimaginable one hundred These heroic pioneers of the civil rights united America is vital to the success of our years or even fifty years ago. Blacks now movement brought about a new way of think- great democracy. serve in unprecedented numbers in elected ing in our nation. In the twenty-first century the This phraseÐ``Out of many, one''Ðis also a and appointed positions at all levels of govern- movement reached epic proportions, and the great challenge. If we meet the challenge to ment. In our Congressional district, several goals of national equality and non-discrimina- build a better America, we must face three black leaders have served on the city council, tion were further advanced through the heroic very important questions: school board, board of county commissioners, actions of black men and women. How should we unite as a people? community college board members, state As Jackie Robinson broke the color barrier What is our purpose in seeking a united board of transportation, numerous other state in professional major league baseball, Marian American people? boards and commissions, state legislature, Anderson became a symbol of equality in the And what kind of partnership do we need to and in government positions at all levels, in- world of music. Dr. Martin Luther King, Jr. achieve our purpose? cluding Congress, for many years with distinc- opened the public's eyes to the horrors of ra- PEOPLE: RECOGNIZING WHAT IS IMPORTANT FOR tion. The civil rights advances in our nation cial discrimination through his policy of AMERICA could not have been made without these fine ``peaceful demonstration,'' and inspired our President Woodrow Wilson, who led our Na- citizens. We must recognize the importance hearts through his ideas of American unity and tion during the first half of this century, has a Blacks have in shaping our political lives. brotherhood. Mrs. Rosa Parks became a sym- message for us as we enter the 21st century: We should also recognize Blacks for their bolic hero around which an entire nation ral- It was . . . an historical accident . . . that contributions to advancing American science lied when she refused to move ``to the back of this great country was called the ‘‘United and technology. Blacks have been vitally im- the bus.'' States;’’ yet, I am very thankful that it has portant inventors and scientists from our na- In modern-day America, the barriers which the word ‘United’ in its title, and the man tion's earliest days. Did you know that once separated black men and women from who seeks to divide man from man, group Onesimus, a black slave, was experimenting pursuing their dreams have virtually dis- from group, interest from interest in this with smallpox vaccines in the 1720s? This pio- appeared. The worlds of entertainment, poli- great Union is striking at its very heart! neer of modern medicine was followed by oth- tics, scholarship, sports, arts and literature His words remind us that people matter and ers such as Dr. Charles Drew, who engi- have all been significantly improved by the that we are doomed as a nation if we allow neered blood transfusions; and Samuel contributions of African Americans. Men and one race to oppress the other. Kountz, who made kidney transplants more women such as Dr. Mae C. Jemison, our first However, unity has not always been the successful. Elijah McCoy's perfection of the lo- female astronaut; Akua Lezli Hope, a poet and case in America. For too long, issues of unfair comotive engine led to people saying they Amnesty International leader; Zora Neale treatment have divided the citizens of the wanted his productÐnot some cheap imita- Hurston, anthropologist; and William Brown, United States. If we are to ever be united in tion. They wanted ``the real McCoy''Ða saying the mayor of San Francisco, are the modern the good sense of the word, we must ensure which became popular in society for those day pioneers who lead our nation towards the that all individuals, regardless of race, share who want the real thing, the best there is! In twenty-first century in the hopes of full racial the same rights and are granted equal protec- technology, Blacks have invented the incan- equality. tion under the law. descent light bulb, truck refrigeration, polymer Black History Month is also an appropriate The African American peopleÐwhose herit- fabrics, and automated manufacturing ma- time to look forward, and as we pause to re- age we celebrate here and nowÐhave fought chines used in making shoes, telephones, and call and recite the actions of the innumerable long and hard for fair treatment and equal op- other items essential to our daily lives. In black men and women who changed our Na- portunity while working to make a better united space, Lt. Colonel Guion Bluford was the first tion's policies and attitudes, we must also re- America. Black to fly in space. Hoping to advance mind ourselves to look ahead, and vow to The great Black leader Frederick Douglas human sciences, astronaut Ronald McNair work harder towards resolving the struggle for was right when he said, ``Liberty given is tragically died in the Challenger shuttle explo- equality which persists not only in the United never so precious as liberty sought for and sion. These individuals and many many other States but also abroad. fought for.'' The founders fought for their free- African-Americans must be fully recognized for Our society's strength is a direct result of its dom from Britain during the American Revolu- their contributions to American life. great diversity. It is this diversity which we tion, but they left the American people less Once we recognize African-Americans for rightfully honor today and all throughout this than totally free. It is up to us to work for lib- their accomplishments, we must respect them February 11, 1998 CONGRESSIONAL RECORD — HOUSE H427 as valuable contributors to American society. prophetically said, ``Like anybody, I would like and economic security to every American in In North Carolina, the African-American com- to live a long life. Longevity has its place. But our district. munity emerged from the shadows of slavery I'm not concerned about that now. I just want Education and the best public schools pos- to quickly take positions in government, edu- to do God's will. And He's allowed me to go sible are at the foundation of our efforts to cation, entertainment, and media. up to the mountain. And I've looked over, and build a lasting and positive partnership for Take, for example, two North Carolinians I've seen the promised land. I may not get America. That is why I am committing my time who should have our respect. First, in the there with you, but I want you to know tonight and energy in Washington and at home in early 1900s Dr. Charlotte Hawkins Brown that we as a people will get to the promised North Carolina to better schools, better teach- founded a school for African-American chil- land . . .'' Today we remain committed to ful- ers, and better opportunities for our students. dren. Although she was attacked and op- filling Dr. King's dream of reaching the prom- I have cosponsored: pressed with Jim Crow laws, her faith in God ised landÐa land where all citizens regardless HR 1154 The Partnership to Rebuild Ameri- and her commitment to her community gave of their raceÐare treated equally. We have ca's Schools Act. This bill would provide $77.1 her the strength to ensure that her school, come a long way in reaching this land, but we million for school construction in North Caro- known as the Palmer Institute, educated Black still have a long way to go. lina. Our district would be eligible to receive children in the sciences, language, and cul- Today, we live in a country where African nearly $21 million. The money would go to- ture. She received many honors, and was a Americans are narrowing the gaps in salaries ward paying up to 50% of the interest on friend of Eleanor Roosevelt, W.E.B. DuBouis, and education between themselves and the school bonds. Booker T. Washington, and other leaders of majority of Americans. Today, African-Amer- I am also an original Cosponsor of the State the day. I have nothing but respect for people ican employment is at its highest level in his- Infrastructure Bank Act. This legislation would like Dr. Hawkins, who spend their lives com- tory, and African-American poverty is at its establish State Infrastructure Banks (SIBs) for mitted to God and community. lowest in history. Yet black people still earn school construction. The proposal is based on There is one more person who exemplifies about 40% less than most whites, unemploy- the SIBs for the transportation program estab- the sort of success that we should respect. ment for blacks is still about twice the level for lished through the National Highway System Hiram Rhoades Revels is especially significant whites, and fewer blacks graduate from col- Act during the 104th Congress and is also to me for three reasons. First, he committed lege than whites of similar backgrounds. similar to the widely successful State Revolv- his life to God and proclaiming the truth of the Clearly, we must stay true to America's pur- ing Funds (SRFs) used for Clean Water Act Christian Gospel. Second, he was born in pose because we still have work to do. and Safe Drinking Water Act infrastructure im- Fayetteville, North Carolina, only 30 miles PARTNERSHIP: BUILDING A BETTER AMERICA provements. from where I was born. Third, he was the first Once we recognize the importance of the The Computer Donation Incentive Act, HR Black member of the United States Congress. African-American people, we must continue to 1278, will allow companies to donate com- It is remarkable that his adult life spanned the live up to America's purpose. But our great puter equipment and software, as well as Civil War, Reconstruction, and ended in 1901 Nation's purpose will never be realized unless training related thereto, to elementary and during the Progressive Era. He was a true pio- we enter into partnership with one another to secondary schools for use in their educational neer of American political life. build a better America. programs. It will also allow donations to orga- All the people I have mentioned todayÐthe A partnership can be a powerful and posi- nizations that work with the disabled. This bill scientists, teachers, inventors, politicians, and tive influence on our lives when it is between is designed to provide an incentive for busi- every African-AmericanÐshould be respected people who are able to bring their own unique nesses to donate equipment to local public members of our Nation. And they would make gifts to our nation's progress. God has given schools. wonderful additions to our nation's official Afri- the people of this nation a mission to prove to I also supported HR 2264, the bill that ap- can-American museum. men and women throughout the world that propriates funds for Education programs. Im- PURPOSE: LIVING UP TO AMERICA'S IDEALS people of different races and ethnic back- pact Aid was funded at $796 million, $66 mil- As we have seen, it is critically important grounds can not only work and live together, lion more than FY 1997. $1.1 BILLION for that we work to make America a united coun- but can enrich and ennoble both themselves education reform programs. $531 million in try of diverse people. Yet it is also important and our common purpose. block grants for Safe and Drug-Free Schools that our work have a worthy purpose. We can- In the 7th Congressional district, we have Programs. Over $1.5 BILLION for higher edu- not satisfy ourselves with a united America the great opportunity to bring into partnership cation programs such-as work study and Pell that fails to live up to our guiding ideals. all the different peoples who live here: African Grants. $435 million for Education Technology As the great American President Abraham and Native Americans, new immigrants, and programs and installing computers in our Lincoln told the nation at Gettysburg in 1863, whites. TogetherÐand there are over a half schools. ``we are here highly resolved that these dead million citizens in this districtÐwe can make a On November 3, 1997, I hosted parents, shall not have died in vainÐthat this nation, real difference in America's future. teachers, school administrators, and local under God, shall have a new birth of free- With a strong people, a guiding purpose, leaders at a summit entitled ``Successful domÐand that government of the people, by and a powerful partnership, we can create bet- Schools for the 21st Century.'' Three themes the people, for the people, shall not perish ter schools, better families, and better jobs for that focus our attention on critically important from the earth.'' everyone. factors in educationÐcommitment, construc- In the 133 years since the end of slavery in My very first job while in college was a de- tion, and computersÐwere highlighted. America, all of the races in America have had livery boy for a black-owned business, Wes- I am excited about what the future holds for to confront the struggles and successes of a ley's Florist, in Lumberton. Not only did I need our district and our schools. But we should not nation working to better itself in difficult times. that job, I found that being the only white em- lose sight of schools and colleges as places We joined together to defeat the racist rulers ployee required a special partnership between where we learn about character and values. of Nazi Germany and Imperial Japan, and Afri- me and his family! Respect, responsibility, and hard work are all can Americans were emboldened to insist that When I was a student at Lumberton Senior things that our schools can help us better un- America live up to our values. High School, I worked in partnership to help derstand and experience. In fact, the concern On September 25, 1957, nine African-Amer- the first black female be elected as president and commitment required for success, which ican children pioneered the civil rights move- of the student body. begins in our families, should be nurtured in ment by voluntarily integrating the all-white I have had the honor to coach black boys our schools. high school in Little Rock, Arkansas. I am and girls on local sports teams and to work With God's help, we can not only share His pleased to be a cosponsor of H.R. 2560, with children of all races as a volunteer in the love, but also have His strength: to continue to which seeks to award the Congressional Gold schools for the last 17 years. recognize and respect our country's unique Medal to each of those nine brave souls. The first person I hired on my congressional people, to re-commit ourselves to America's Later, Dr. Martin Luther King, Jr., led the staff was a black woman. Why? Because she purpose, and to work together in partnership mass civil rights movement that gave us a was the most experienced caseworker on for a better future. chance to redeem our nation's soul by em- Capitol Hill that I knew, and she deserved it! Will you join me in respecting America's bracing freedom and opportunity instead of Today, as your Congressman, I know full people? hate and oppression. Our nation's ideals made well how powerful partnerships can be. That is Will you join me in living up to America's Dr. King love America. He often spoke about why I am fighting to recognize the importance purpose? the ``great glory of America, with all its faults.'' of African-Americans, working to build better Will you join me in the partnership for a bet- On the night before his assassination, Dr. King schools, and striving to bring fair treatment ter America? H428 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Together, we can take the steps toward a successful joint U.S. and Japanese science him and the leadership in Cleveland, 21st century full of appreciation and hope. mission that made her the first African-Amer- Ohio. Much has already been done; however, I am ican woman in space. Dr. Jemison's persever- I also would like to note, Mr. Speak- sure you know that much more must be done. ance and success as as astronaut should er, that I will take only 30 minutes of And may we remember the words from serve as an inspiration to all Americans. the hour, since none of my colleagues Abraham Lincoln's last great speechÐhis sec- Mr. Speaker, when we honor great achieve- are here, and I want to thank the other ond inaugural addressÐwhen he tells us even ments in science by African-Americans, we in- side of the aisle for agreeing to allow today: spire the next generation of Americans to us to do this back to back to give us With malice toward none, with charity for achieve great things. I hope that all of our more time to finish the Special Order all, with firmness in the right as God gives young people take a moment during African- on Black History. us to see the right, let us strive on to finish American History month to reflect on what I would like to continue in the same to work we are in, to bind up the nation’s they can do in their communities and in their vein as my colleagues have proceeded wounds . . . to do all which may achieve and lives to make a difference. before, saluting black business as a cherish a just and lasting peace among our- continuation of empowerment. Not a selves and with all nations. GENERAL LEAVE Mr. STOKES. Mr. Speaker, I ask new thrust of empowerment. It is a I appreciate and commend each of you for unanimous consent that all Members continuation toward empowerment and your leadership within the African-American may have 5 legislative days in which to it is inseparable. community, and I want to challenge you to revise and extend their remarks on the What is happening with the African- never forget how great this democracy is. It is Special Order regarding Black History American business community cannot up to us to reach beyond our differences and Month. be separated from political leadership pain and hold on to the strength to stand for The SPEAKER pro tempore (Mr. and the history of civil rights and po- what is right and what is good so that we are litical developments related to the GILCHREST). Is there objection to the truly united. May God bless and strengthen us request of the gentleman from Ohio? struggle for freedom of the African- all. By his help, we will not fail! There was no objection. American people in America. We can- Mr. FROST. Mr. Speaker, it is once again not separate the two. I would like to an honor for me to take part in this Special f bring that perspective to my discussion Order for African-American History Month. I REPORT ON HOUSE RESOLUTION of the importance of this Black History know I join with every American in this con- 355, DISMISSING THE ELECTION observance this year. tinuing effort to educate both ourselves and CONTEST AGAINST LORETTA We ought to become more economic our children about African-American culture SANCHEZ minded. We should focus more on eco- and history. nomics. We should understand we can- One of the most underappreciated seg- Mr. THOMAS (during the special not separate economics from politics. ments of American history are the scientific order of Mr. STOKES), from the Com- They cannot be separated. They are in- achievements by African-Americans. For the mittee on House Oversight, submitted extricably interwoven in the history of past one hundred years, African-Americans a privileged report (Rept. No. 105–416) this country. A lot of people have made have made crucial inventions in engineering, on the resolution (H. Res. 355) dismiss- a great attempt to separate economics performed great scientific feats, and have ing the election contest against LORET- from government, but that is not the served as inspirations to all Americans TA SANCHEZ, which was referred to the case. That cannot happen. It is not true through their perseverance and determination, House Calendar and ordered to be history when we try to do that. yet such accomplishments go widely unno- printed. The impact of the transcontinental ticed. f railroad on the economic development One of those inventors was Granville of America is one example of how gov- Woods. Mr. Woods was a great electrician BLACK HISTORY MONTH ernment, assuming a very aggressive and inventive genius who developed and pat- The SPEAKER pro tempore. Under position, created a situation where the ented a system for overhead electric conduct- the Speaker’s announced policy of Jan- industrial and business development of ing lines for railroads, which aided in the de- uary 7, 1997, the gentleman from New a nation certainly jumped forward by velopment of the overhead railroad system York (Mr. OWENS) is recognized for 60 leaps and bounds. If the government found in contemporary metropolitan cities such minutes. had not taken the initiative, if the peo- as Chicago, St. Louis and New York City. Mr. OWENS. Mr. Speaker, I would ple in Washington had not said that we As well, in the late 1800's Woods patented like to begin by saluting my colleague, will subsidize the building of a trans- the Synchronous Multiplex Railway Telegraph, the gentleman from Ohio (Mr. LOUIS continental railroad, a railroad that which allowed train stations as well as moving STOKES). This is an annual Special will link the East with the West, if trains to know each others whereabouts. Train Order that he has sponsored for many they had not paid so much per mile and accidents and collisions were causing great years, and we regret the fact that this been willing to undertake that giant concern at the time because train stations had is the last time that he will do it. We project, encouraging, of course, con- no way of tracking their moving trains. This in- thank him very much for keeping the tracting with and encouraging private vention made train movements quicker and torch alive, and I assure him that in enterprise to do it, it would never have prevented countless accidents and collisions. his memory the caucus will continue happened. We would not have had the Garrett Morgan, who was born in 1875, also this tradition for years to come. linkage between the East and the West, deserves wide recognition for his outstanding The gentleman from Ohio goes home which made this Nation one nation in contributions to public safety. Firefighters in to Cleveland, where there is the whole terms of business and industry. many cities in the early 1900's wore the safety public library, a brand new pace set- And government, of course, has helmet and gas mask that he invented. The ting state-of-the-art library, named taken the initiative in many other gas mask Morgan invented in 1912 was used after him. Cleveland also is a place ways, and I want to talk a little bit to- during World War I to protect soldiers from where there is a new kind of macro- night about one of the latest initia- chlorine gas fumes. economics reaching out to encourage tives. It is very small compared to the In 1923, Morgan received a patent for his and embrace all business, but certainly transcontinental railroad, or the build- new concept, a traffic signal to regulate vehi- offering a great opportunity for black ing of the Tennessee Valley Authority, cle movement in city areas. It is impossible to businesses, African-American busi- or the great leap forward we took when overestimate the importance of this event to nesses. Cleveland is setting an example we passed the Morrill Act, the act our country's history. This single invention with a progressive mayor, I suppose which created the land grant colleges helped bring order out of the chaos of regulat- one of the prote´ge´e of the gentleman in every State. ing pedestrian and vehicle traffic on city from Ohio (Mr. LOU STOKES), and the Those land grant colleges were very streets. whole tradition of the Stokes family practical institutions. They had the In more recent times, Dr. Mae Jemison was there in Cleveland. theoretical instruction in the class- our nation's fifth African-American astronaut, So I salute the gentleman. I think room. I say had, but they still exist. and the first African-American female astro- the theme of this year’s Black History They have the agricultural experiment naut. In August 1992, she participated in a Month is very fitting and proper for stations; they have county agents that February 11, 1998 CONGRESSIONAL RECORD — HOUSE H429 take the knowledge and information middle class will use it, or the white ment of television, development of the right out to the farmers in the fields middle class and the suburban people. Internet et cetera, laid the basis for and practitioners. It is not by accident So they avoided and delayed wiring the people like Bill Gates to use their ge- that America has the best fed popu- inner city communities; they were nius to capitalize on that. So those are lation in the world. It is not by acci- some of the last communities wired. the exceptions. dent that we have the lowest cost food But much to their shock, because Most family studies that have been in the world. There was a lot of activ- they did not do accurate surveys and done show that in families who can ity that took place, fostered by govern- they violated some of their own prem- trace back where they are now eco- ment. ises in terms of the way we plan for nomically there is some indication The Morrill Act is at the heart of our market, the prejudice was so great that that that was the result of money great agricultural success in this coun- they never looked very, very closely. being passed down from one generation try. We do not have anything like that Much to their surprise, they found that to another. Sometimes it might have on the drawing board now, but the em- some of their best customers and cus- been only furniture that a couple in- powerment zones that have been cre- tomers who were most loyal and con- herited or got from their parents, or ated are a small extension of that kind tinue and always pay their cable bills, maybe sometimes it is just a home, one of activity by government. and right now they are at the heart of home. Or sometimes, in fact, in this Empowerment zones are designed to the cable income in our big cities, are day and age, it is usually a contribu- revitalize economically depressed the African Americans, African-Amer- tion toward the down payment on a areas. There are two categories of em- ican communities. They use cable in house that comes from the parents to a powerment zones. One is the rural em- great amounts despite the miscalcula- modern couple. powerment zone, and we have three of tion, the delayed wiring of our commu- College graduates about to start out, those now; and we have six urban em- nities. large numbers get a little boost in powerment zones, both designed to re- There was another such miscalcula- terms of wedding presents or some vitalize the area, but slightly different tion in the area of fast-food res- other kind of gift from their parents sets of guidelines for the two. taurants. For a long time the big res- which enables them to buy the house taurants, McDonald’s and Burger King, b 2045 that becomes one of their major assets. were avoiding the opening of franchises So the accumulation of wealth relies We have authorized already in legis- within the inner city communities. very heavily on family generations and lation the creation of 15 additional They did not do objective market stud- things being passed down from one gen- urban empowerment zones and 5 addi- ies. It was not the fact that green is eration to the other. Given that fact, tional rural empowerment zones, and green and we can make money here the fact that there were 232 years of they have a great role to play in the and, therefore, we shall go where the slavery where people of African descent development of African-American busi- money can be made; they had their not only could not own anything, they ness in our big cities. We have to think own stereotypes and drawbacks that were themselves property; for 232 years of business in the context of the envi- delayed the development of franchises nothing could be passed down. ronment created partially by the ac- in the inner-city communities. Now We cannot trace back an accumula- tions of government. Government must some of their highest-income-produc- tion of assets from a present-day black still deal with discrimination, the kind ing franchises are in inner-city com- family to the time that they, their par- of discrimination that denies access to munities, the fast-food restaurants. ents or their ancestors were brought loans, access to capital. Sometimes I think it is, perhaps, not here in chains from Africa. We cer- Through the impetus of government, so good that so many of our young peo- tainly cannot jump the ocean and go to we have certain kinds of community ple are existing on so much cholesterol. some country where they had an oppor- development funds and certain kinds of But that is for another discussion. tunity to bring some of their wealth pressures on banks to do more lending So we have an atmosphere that still from their country, from their family, in African-American neighborhoods is not free and objective. The market- with them when they came. It might and to African-American businesses. place is not without political inter- have just been no more than a suitcase. There are a lot of activities of govern- ference and not without government Many immigrants came to America; ment that have created a situation intervention. The marketplace is not all they had was a suitcase with cloth- where historic racial prejudice has free and open. ing, meager belongings, and a few played a role in depressing business ac- We also need to understand some of valuables maybe that were passed tivity in the African-American commu- the dynamics that have taken place down. But that suitcase was far more nities. historically and are still taking place than any slave arriving on a slave ship We have heard some glowing stories which affect and impact African-Amer- had, I assure my colleagues. Slaves here, as is appropriate, of successful ican businesses. We need to understand were even deprived of association with businesses and successful businessmen that dynamic. We need to understand each other. Deliberately, most slave in the African-American community. and not let it get lost, the fact that ships and most slave traders mixed up We have also praised some existing en- ownership is the result of inheritance the tribes and broke down the groups terprises that are quite large and on mostly. You know, people who own so that any inheritance of a code of the stock market and doing very well. things can start tracing back to the honor, mores and traditions, all of that Black Entertainment Television, BET, fact where they inherited something was also wiped out. is one of those examples. But behind from their parents, and then their par- We could not have that because peo- the story of BET there is an interest- ents inherited something from their ple spoke different languages, came ing situation that demonstrates that grandparents; and it goes back and from different groups. So we could not when people say that money is color back and back, and the line of people even inherit some sense of being and blind or the investment community is being able to pass things down is one of sense of order that came from the old color blind, it is not true. the predominant factors in the accu- country. BET got a foothold, sort of, in the mulation of wealth, of capital, of as- Africa had societies and organiza- cable television industry because in the sets. tions, and it is well documented, gov- early days of cable, as cable came on Now, there are some unusual situa- ernments of various natures which line in our cities, there was a delib- tions. Bill Gates certainly is not the could have been passed down. But all of erate attempt by the entrepreneurs richest man maybe in the world be- that was deliberately wiped out. So who were the owners of the early cable cause of that accumulation process. He certainly nothing concrete, nothing networks to avoid African-American is the beneficiary of something else, physical, no assets were passed on. communities in the big cities. There you know, the public development of Imagine, 232 years, that is 7 genera- was this stereotyped notion that these electronics. The fact that the military tions, out of the loop. So when we look people cannot pay for cable, they will and the Government of the United at people of African descent and where not pay a subscription fee each month, States put a great deal of investment they are economically in the structure they will not use cable the way the into the development of radio, develop- of America, stop and think about the H430 CONGRESSIONAL RECORD — HOUSE February 11, 1998 fact that there is a gap there where ably end up, the people of America, velop Watts in Los Angeles? When they nothing was passed down, nothing paying the lion’s share of whatever is talk about development in the inner- could accumulate, no assets could be done to bail out Indonesia’s economy, city communities, they start talking transferred for 232 years, for almost 7 Malaysia, Thailand, South Korea. They about a few hundred thousand here and generations. are talking about $50 to $60 billion for there. That has an impact of where we are South Korea. Even the empowerment zone concept, in terms of capital for African-Amer- We are engaged in global economics. which is the most generous attempt at ican businesses today, in terms of We are showering special treatment on economic development, they have lim- wealth that exists among families so certain groups. There is what I call an ited it to six urban areas to begin with, those families may support businesses. international banking socialism where and three rural areas. Now we are Of course, we are an integrated soci- government does step in through its going to add 15 more urban areas and 5 ety. We are not depending on seg- International Monetary Fund or a rural areas. That is very much a piece- regated communities where only Afri- bank. meal approach in terms of the number can-American families will support Af- Government steps into the market of communities that can participate. rican-American businesses. There is a when the market is in great trouble. But even in the structure that they bigger picture now, a global situation. Government stepped in in this country have set up, where there is the greatest Let us take a look at the global mac- to save the savings and loans, the vic- amount of generosity in terms of the roeconomics of today and how that im- tims of the savings and loan swindles. Federal Government providing tax pacts on African-American commu- The government has stepped in in credits so that private industry will nities. Mexico. Now it proposes to do that in come in and large amounts of tax cred- Parren Mitchell was one of my great South Korea, in Malaysia, and Indo- its are available in this situation, at heroes. He sat here. Often, he sat right nesia. Billions, we are talking about the same time they are going to supply there. It was his favorite seat. He was billions. They have used it badly. millions of dollars for loans and for the author of the set-asides which re- Obviously, when you have a crash of some social program investment, et quired the Federal contracts to set an economy and you need a $50 billion cetera. aside a small portion, 10 percent. It bailout, a lot of things went wrong. A It is a great program, but it is not on went down to 4 percent in some bills. lot of things have gone wrong. Mis- the level of the kind of aid we have But the set-aside principle was estab- management, corruption, all kinds of given to Mexico or to South Korea or lished by Parren Mitchell. The set- things have gone wrong. to Indonesia, the kind of dollars that aside principle was based upon the fact How did they get the money in the are flowing. Private industry is not that we needed to do something to first place? It is so difficult to get a running to get into our neighborhoods, compensate for the fact that those 232 thousand dollar loan if you are an Afri- which are very good investments, be- years were imposed on people. The gov- can American walking into a bank in cause we are operating within the con- ernment was a party to that imposi- this country. How did they get billions, text of the United States of America tion. and they did not have competence to laws. The laws, the codes, the regula- The history and tradition, whatever manage it well? How did they get bil- tions, all the things that protect busi- makes up a country and a nation, has lions when they had corruption? I nesses anywhere else in America pro- to take responsibility for what hap- mean, obviously corruption could not tect businesses in the African Amer- pened. One way to try to work out of be hidden. How did all of this happen? ican community. that situation is to deal with some spe- Government was very much involved Mr. Speaker, what I am saying is cial treatment, compensatory treat- in South Korea during the war, Korean that we come to praise the fact that ment. What a horrible word, a horrible War. North Korea attacked South African-American business is moving concept for most Americans. They just Korea, and the city of Seoul was de- forward at a more rapid pace. We come do not want anybody to have special stroyed several times. When I visited to praise the new opportunities and the treatment. Well, we got special treat- there, I was amazed at the metropolis middle class that has made those op- ment for 232 years. For 232 years, we that was built up. It took lots and lots portunities into reality. There was a were treated like no other Americans. of money and lots and lots of help from great program on public television last Even the Native Americans, who cer- the outside, which I do not want to dis- night, Henry Louis Gates was the host tainly have much to complain about in parage at all. Generosity should be en- of a number of interviews dealing with terms of the way they were treated, couraged. the fact there are two societies in the even they were not deprived of their But a lot of businesses existed. We black community. One is that booming traditions and their whole sense of visited steel mills and automobile middle-class black community, grow- family structure, as well as the right manufacturing plants. What I am read- ing by leaps and bounds, incomes ris- to own. Their problems are great, and I ing in the paper now is that those ing, and then the other is the great ma- certainly think that they, too, are plants had nothing to do with reality. jority of the black community, the Af- owed some special treatment, but we The third largest steel producer in rican-American community, where you got special treatment. the world is in South Korea. It did not have tremendous suffering and the One way to get out of the situation make sense. There was no market for prosperity of the 1990’s has not caught that we are in now is to have some spe- that much steel from that place. But on there at all. High unemployment in cial treatment which is compensatory. they were given lots of money. Billions areas like one-half of my congressional Affirmative action is compensatory and billions of dollars flowed into the district, where unemployment has treatment. Nobody wants to hear that building of the steel industry in Korea. steadily been up at 15 percent for these days. They want to see everybody b adults, and for young people it is as as being equal. 2100 high as 30 percent. It has been that way In the world of business, nobody The cars that are manufactured, roll- for the last 10 years. It has not im- wants to talk about giving anybody ing off the line, they do things so beau- pacted. any special favors, but let us take a tifully in terms of the mechanics and We must, while we salute the look at this world of business. In mac- the engineering, but evidently the fi- progress, understand that something roeconomic terms, we are faced with a nancing, there was something radically more has to be made to happen. We situation now where the United States wrong. have to look at economic development of America has bailed out Mexico with How did they get from the bankers, in new ways. the $20 or $30 billion loan to help the the hard-nosed investment community, We certainly would like to have an economy of Mexico. At present, we how did they get all that community, empowerment zone in our community. have contemplated a bailout of Indo- and why can’t African American com- We are applying for one, along with the nesia, $50 or $60 billion. munities get a few billion to develop gentleman from New York (Mr. TOWNS) We are not going to be the sole par- Bedford-Stuyvesant in my district, or and the gentlewoman from New York ticipants in the bailout, but we are Brownsville, to develop New York, a (Ms. VELA´ ZQUEZ), trying to get an em- going to participate, and we will prob- few billion to develop Harlem, to de- powerment zone in Brooklyn, to get February 11, 1998 CONGRESSIONAL RECORD — HOUSE H431 the kind of stimulus we need to have to very well-organized families. They all too long and for all too often, peo- encourage and develop and enhance and came out of a community which was ple are just focusing on the labor that sustain more African-American busi- low- and middle-class probably, but was provided by African Americans nesses, more businesses in the Hispanic you could see from the houses, from who began as slaves and then became community, too. the neighborhood, very stable. They part of our labor force. We have a situation there where hos- came out of the kind of environment It is well-known that they have con- pitals are our largest employers, more that I grew up in, much poorer, we did tributed much, and it is also well- than 5,000 people employed in one hos- not have brick houses, but wood known that in recent years African pital complex in my district, and there houses, but there was an order and sta- Americans have become increasingly is a danger that the politics of the situ- bility there, especially as the prosper- owners of small businesses and mom ation may result in the closing down of ity of World War II came to our com- and pop shops, all the way to Fortune the hospitals. The politics now are munities and the prosperity right after 500 corporations. frightening us because the economic the war. And when you have jobs and But what is less well-known is a sub- development we foresee if we get an families had income, you did not have ject dear to my heart, and that is that empowerment zone, we see the hos- the drug problems, you did not have black Americans have made and con- pitals being able to generate a whole the disintegration, you did not have tinue to make a vital contribution to set of additional businesses in our com- the need for large numbers of welfare. the technological edge that America munity, as they do now, they employ When you take care of the economy has and have made tremendous con- large numbers of people. There are and do what is right by the economy, tributions to America’s technological cleaning services, food services, there and spread and share the wealth, then success, from the earliest days of our are various other kinds of services, the many other problems get solved. It is republic. Black Americans have, over people that do the repair, the x-ray ma- amazing how many of our communities the years, benefited from our country’s chines, all kinds of services that are have been torn asunder that once had strong patent system, and we have the there that will be gone if we do not so much organization, so many middle- strongest patent protection of any Na- take care of the politics that are seek- class institutions, those kids belonged tion in the world, but through the in- ing to close down our hospitals and to the Girl Scouts and the Sunshine vention of black Americans, utilizing move them somewhere else. Club, and all the stuff that we now this right, by the way, at times their So the politics are inseparable from have to try to recreate in our urban other rights were being totally tram- the economics. We hope the encourage- communities that have been torn apart pled upon, but their rights for patent ment, the possibilities of an economic by the lack of jobs and disintegration protection were being protected. Be- empowerment zone, will lead to less of of families, the coming of drugs, et cause of this, they have made tremen- a drive to close down the hospitals and cetera. dous contributions to our country, that leave a big slum in the middle of our So the economics will blossom, the sometimes are totally overlooked, and communities. economics must blossom. They are key these contributions have added greatly There are numerous other examples to revitalization of our communities to our way of life, to the quality of life of how the politics have to be in place and our people, but they cannot hap- of Americans. and have to work hand in hand. The pen, it does not happen by itself. The I have a list here, quite a few African government and political situation market forces need to work hand in American inventors that have done have to go hand in hand with the eco- hand with government, and govern- things. How many people know that nomic development. The whole area of ment needs to assert itself and under- Elijah McCoy, a black American in tourism, which Cleveland understands stand that it should be there, more 1872, had over 57 patents on engines and very well, Lou Stokes from Cleveland, than just for multibillion dollar bail- machinery that were part of the whole the Mayor there, understands the outs. That kind of socialism we do not steam engine and the basis for the set- building of a Rock and Roll Museum in need. tling of the West and the basis for our the heart of Cleveland is a great step It should be there in terms of stimu- whole industrialization of our country? forward economically. Just build the lating the economy, as it did with the Those steam engines and the parts he place that has a great attraction for Morrill Act, as it did with the Trans- invented were so important that when people, and when they come, they bring continental Railroad, as it did with the people went back at the turn of the their dollars and they support many GI Bill of Rights, which created a century to ask for parts to an engine, other kinds of businesses. whole work force that could step for- they would say, ‘‘Now, is this the real The development of our big cities is ward, an intelligent, well-educated McCoy?’’ one of the most outstanding museums work force, created overnight, in large That is where that came from. The of African-American history, is now in numbers, from the returning GI’s be- real McCoy was a black American who downtown Detroit, and they had writ- cause we provided an education, and on was an inventor who played such an ten off downtown Detroit 10 years ago and on it goes. important part in the development of and said it would never come back. Government and business need to the steam engine. Downtown Detroit is coming back in work together to guarantee that there Lewis Howard Latimer in 1881 took many different ways, and one of the will be a continuing empowerment Thomas Edison’s light bulb, and we all ways it is coming back is the political through business and economic devel- know Thomas Edison invented the leadership has chosen to make an in- opment in the African-American com- light bulb, but it was not practical vestment in the downtown in many munity. until Howard Latimer, a black Amer- ways. One of the ways they are making Mr. ROHRABACHER. Mr. Speaker, ican, took that and invented a long- the investment, of course, is the build- will the gentleman yield? lasting carbon filament that replaced ing of facilities like an African-Amer- Mr. OWENS. I yield to the gentleman this original bamboo filament that ican museum that has the highest at- from California. Edison had been working with. tendance of any such museum any- Mr. ROHRABACHER. Mr. Speaker, I How many of our fellow Americans where in the country. have a few thoughts on black history understand that and appreciate these As I close, I would like to bring to that I thought that I would present to- types of contributions? your attention the fact that I came night, and I thank the gentleman for here from a special showing by HBO of yielding. f the film, Four Little Girls, a documen- Mr. Speaker, I would just like to say tary film directed by Spike Lee. In I am here today to recognize a part of that film, one of the things that I no- black history that sometimes people BLACK HISTORY RECOGNITION ticed right away as they depicted the forget about, and that is that African The SPEAKER pro tempore (Mr. Birmingham community out of which Americans, as we all know, African GILCHREST). Under a previous order of those four little girls who were mur- Americans have played a tremendous the House, the gentleman from Califor- dered by the bombing in the church on role in ensuring American prosperity nia (Mr. ROHRABACHER) is recognized a Sunday morning, they came out of since the founding of our country. But for 5 minutes. H432 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Mr. ROHRABACHER. Mr. Speaker, Now recently, we have seen 26 Noble the middle class tends to get wiped out continuing on with regard to the con- Laureates join us who are trying to and the poor get poorer, and very often tributions made to America by black protect the patent rights from changes in the early stages the wealthy get inventors, Granville T. Woods devel- they are trying to make now join us, wealthier. In the meantime, the cor- oped over 20 patents for engineering and what is interesting, one of the peo- porations seem to do quite well. So we the railroad industry, including bat- ple who played such an important part live in an age where we have a fair teries, I might add, electric brakes and in the organization of those Noble Lau- amount of corporatism associated with telephone transmitters. reates and played such an important the welfare-warfare state in which we January Ernst Matzelinger in 1889 in- part in strengthening and keeping live. vented an automatic shoe machine. strong America’s patent system is a The three specific problems that I This was part of a process of putting black professor named James Chandler, want to mention, and I mention these together shoes. Before his invention, who is the president of the National In- because I think this is what the Amer- shoes cost three or four times as much. tellectual Property Law Institute right ican people are concerned about, and This is something Americans forget. here in Washington, D.C., and he has sometimes we here inside the Beltway Back before this Matzelinger, a black been a champion of this issue because do not listen carefully to the people American, invented this process, shoes he realizes that it is technological around the country. The three issues were so expensive that most Americans progress that does permit the quality are these: The first are the scandals did not even own a pair of shoes, or, if of life of all people to rise, and that that we hear so much about, the second they did, they owned one pair of shoes black Americans who have been left is an IMF bailout, and the third has to in their entire life. out in so many cases of the economic do with Iraq. We all know about George Washing- well-being of our country, need Amer- Now, the scandals have been around a ton Carver. He, of course, is well- ica to continue to be the leading world bit. We have heard about Travelgate known to school children throughout economic and technological power. and Filegate, and we also heard about the United States for his great sci- When Professor Chandler speaks, I can interference in foreign policy dealing entific integrity and the work he did, tell my colleagues he is one of the with foreign donations. Now, those I especially in the investigation of food great spokesmen for American tech- consider very serious and for this rea- processing and peanuts and the paint nology today. son I join the gentleman from Georgia industry. We know he made enormous So as we honor the African-American (Mr. BARR) in his resolution to initiate contributions. But there are many, community in talking about African- an inquiry into the seriousness of these many more black Americans besides American history and black history charges. Some of these charges have George Washington Carver who deserve and honor people such as Lincoln, let been laid aside mainly because there is this credit. us not forget the black inventors who I another scandal in the news, something For example, more closely to home, that has been much more attractive to James West joined Bell Labs in the late think have made such an enormous the media, and that essentially is all 1950’s and was responsible for over 100 contribution to our well-being and that we have been hearing of in the patents on microphones and other elec- never been given the proper credit that last several weeks. I think this is a dis- tronic devices. they are due because often we are fo- Dr. Patricia Bath in the 1990’s, and cusing on other elements and maybe traction from some of the issues that here she is one of the big supporters, I more political elements of what caused we should deal with. But that is not might add now, and has been making this to change or that to change, but in the one issue that I want to dwell on the rounds in Congress supporting a this case the genius of black America this evening. strong patent system, she is an Afri- has done so much for the American The IMF is another issue that I think can-American female physician who people that it deserves recognition is very important. This funding will be earned a patent for a medical device when we talk about black history. coming up soon. The Congress will be she developed for a technique of remov- So I am very, very proud to be a part asked to appropriate $18 billion to bail ing cataracts from people’s eyes. of this honoring black history, and I out the Southeast Asian currencies and So all of these inventors benefited thank the gentleman for yielding to countries, and this is a cost; although from the wisdom of our Founding Fa- me. we are told it does not cost anything, thers when they put in our government Mr. OWENS. Mr. Speaker, I thank it does not add to the deficit, there is and in our Constitution laws protect- the gentleman for his observations. obviously a cost, and we cannot con- ing people’s creativity and patent f vince the American people that there is rights. But they also, these individuals, no cost just because of our method of THREE IMPORTANT ISSUES FOR budgeting and we do not add it into the in return, using those rights that were AMERICA guaranteed them, made enormous con- deficit. tributions to the well-being of the The SPEAKER pro tempore (Mr. Once again, these funds, whether United States of America. GILCHREST). Under the Speaker’s an- they go to Southeast Asia or whether nounced policy of January 7, 1997, the they go to Mexico, they never seem to b 2115 gentleman from Texas (Mr. PAUL) is help the little people; they never help A great statesman and, of course, recognized for 60 minutes as the des- the poor people. The poor are poorer President of the United States, Abra- ignee of the majority leader. than ever in Mexico, and yet the politi- ham Lincoln, of course, was probably Mr. PAUL. Mr. Speaker, I would like cians and the corporations and the the most well-respected among the Af- to discuss a few problems I think this bankers even in this country get the rican-American community because he country still faces. I want to mention bailout. This $18 billion is nothing did do so much to free the slaves, three, but I will talk more about one in more than another bailout. brought that issue of the stain of our particular. Now, the third issue is Iraq, and I Nation to our people, and we find that Overall, I believe this country faces a want to talk more about that, because after our Civil War were able to remove serious problem in that our govern- I am fearful we are about ready to do that stain. ment is too big. When government is something very foolish, very foolish for Abraham Lincoln was one of the big, it means that liberty is threat- our country, and very dangerous. greatest supporters of America’s pat- ened. Today, our governments through- Of these three issues, there is a com- ent system. He himself had a patent for out the land consume more than half of mon thread. When we think about the floating boats that had gone up on what the American people produce. In scandals, we talk about international sandbars, and he said, and I quote, order to do that, there has to be cur- finance, a large amount of dollars flow- ‘‘The patent system added the fuel of tailment on individual liberty. ing into this country to influence our interest to the fire of genius,’’ and not In the attempt to help people in a elections and possibly play a role in only did he give land away to people welfare-warfare state, unfortunately our foreign policy. who wanted to settle the West and free the poor never seem to be helped. A lot Also, the IMF, which has to do with the slaves, but he was a strong believer of money is spent, but due to the mone- international finance, the IMF is under in patent rights. tary system that we have, inevitably, the United Nations and therefore it February 11, 1998 CONGRESSIONAL RECORD — HOUSE H433 gets a lot of attention and we are asked way around the world and a country We believe that military action should to appropriate $18 billion. that has not directly threatened our be avoided and there is room for politi- Then, once again, we have this poten- national security. cal efforts. He said, If such action is tial for going to war in Iraq, again, not All of the stories about the monstros- taken, there will be considerable fall- because we follow the Constitution, not ities that occur and how terrible the out in the Arab world, he warned. He because we follow the rule of law, but leader might be may have some truth said, We are not afraid of Saddam. He because the United Nations has passed to it, but that does not justify throw- added that his country believes the cri- a resolution. Some have even argued ing out the rule of law and ignoring our sis is a result of allegations that have that the U.N. resolution passed for the Constitution. not been proven. Yet, we are willing to Persian Gulf War is enough for our This effort that is about to be go and do such a thing as to initiate President to initiate the bombings. launched, it has not been endorsed by this massive bombing attack on this Others claim that just the legislation, our allies. It is getting very difficult to country, and there has been nothing the resolution-type legislation passed even get the slightest token endorse- proven. in 1990 that endorsed this process is ment by our allies to start this bomb- Moussa also said that Iraq’s posses- enough for us to go and pursue this war ing. One would think if Saddam Hus- sion of chemical and biological weap- venture. But the truth is, if we fol- sein was a true threat to that region, ons must be pursued, of course. But lowed the rules and if we followed the his neighbors would be the first ones to this requires cooperation with Iraq, not law, we would never commit an act of be willing to march and to be willing to confrontation. Even our President ad- war, which bombing is, unless we have go to battle to defend themselves. But mits that more weapons have been re- a declaration of war here in the Con- they are saying, do not even put your moved from Iraq since the war ended gress. Somebody told me just yester- troops here, do not launch your effort than which occurred with the hundreds day that yes, but that is so old fash- from our soil, because it is not in our of thousands of troops in Iraq, as well ioned. best interests to do so. Kuwait, the as 88,000 bombs that were dropped in Just look at what we have been able country that we went to war over not the whole of World War II, and it did to do since World War II without a dec- too long ago has given some token en- not accomplish the mission. laration of war. Precisely. Why are we dorsement, but even their newspapers b 2130 doing this? And precisely because when are carrying news stories that really we do it, what generally happens is challenge what the people might be So he is suggesting that it is just not that we are not fighting these wars, saying about this effort. worth the effort and it is not going to and they are not police actions, these There was a Kuwaiti professor who work. And he, of course, speaks for one are wars, and we are not fighting them was quoted in a pro-government Ku- of our allies. because of national interests. We are waiti newspaper as saying, the U.S. He says, ‘‘The whole Middle East is not fighting them for national secu- frightens us with ads to make us buy not comfortable with this, and I do not rity, and therefore, we do not fight to weapons and sign contracts with Amer- think there is support for such an op- win, and subsequently, what war can ican companies, thus, ensuring a mar- tion. All of us will face the con- we really be proud of since World War ket for American arms manufacturers sequence of such a military attack.’’ II? We have not won them. We set the and United States continued military ‘‘All of us’’ means all of them, not the stage for more problems later on. The presence in the Middle East. That is people here in the United States. Persian Gulf War has led to the stale- not my opinion; that is a Kuwaiti pro- He said 7 years ago there was an oc- mate that we have here today, and it fessor writing in a government news- cupation and an apparent aggression. goes on and on. I think this is a very paper in Kuwait. Today it is a question over inspections, important subject. A Kuwaiti legislator who was not so therefore he is arguing strenuously War should only be declared for willing to reveal his name said the use that we not do this. The people in the moral reasons. The only moral war is a of force has ended up strengthening the Middle East, he says, see a double defensive war and when our country is Iraqi regime rather than weakening it. standard. He is talking for the Arabs. threatened. Then it is legitimate to Most people realize that. In the Middle The people in the Middle East see a come to the people and the people then, East, Saddam Hussein has more credi- double standard because the Israeli through their Members in the House bility among his Arab neighbors than Government does not comply with U.N. and Senate, and the President then de- he did before the war. Resolution 242, but we see no action. clare war, and then they fight that war Other Kuwaitis have suggested that The U.S. is too strong on one and too to win. But today that is considered the U.S. really wants Hussein in power soft on the other. The peace process is very old fashioned, and the consensus to make sure his weak neighbors fear falling apart. We do know that the here in this Congress is that it will not him and are forced to depend on the peace process with Israel and the Pal- take much for Congress to pass a reso- United States for survival. estinians is not going smoothly, yet lution. Now, these are very important com- this is behind some of what is happen- What worries me, though, somewhat ments to be considered, especially ing because they do not understand our is that this resolution will not be cir- when we are getting ready to do some- policy. culated among the Members for days thing so serious as to condone the He goes on to say, ‘‘There is room for and weeks and have real serious de- bombing of another country. Just re- a political solution. Bear in mind the bate. There is always the possibility cently in The Washington Post, not ex- repercussions in the area. If the United that a resolution like this will come up actly a conservative newspaper, talked States bombs, there will be Iraqi vic- suddenly. There will be little debate, about what Egypt’s opinion was about tims.’’ Then he asks, ‘‘What happens if and then a vote, and an endorsement this. This is interesting, because the the public sees a decisive move on the for this policy. The first resolution interview was done in Switzerland at part of Iraq but not toward Israel? We that has been discussed over in the the World Economic Forum, and the have to take into consideration how Senate had language very, very similar interview was made by Lally Wey- the people who live near Iraq respond to the same language used in the Gulf mouth, and she talked to Egypt’s For- to something like this.’’ of Tonkin Resolution, which endorsed eign Minister, Amre Moussa, the For- Now, Steven Rosenfeld, in the Wash- the expansion of the war in Vietnam, eign Minister of Egypt, our ally, a ington Post, on February 6, also made where 50,000 men were lost, and it was country that gets billions of dollars comments about the Middle East and done not with a declaration of war, but from us every year. the failure of the Mideast policy. And I by casual agreement by the Congress So one would expect with all this thought he had a very interesting com- to go along. money flowing into that country that ment, because he certainly would not Congress should have and take more they should quickly do exactly what be coming at this from the same view- responsibility for these actions. It is we want. But this Foreign Minister was point that I have. only the Congress that should pursue rather blunt: Egypt, a key member of In his statement, this again is an act of war. Bombing is an act of the Gulf War coalition, is opposed to Rosenfeld in the Washington Post, he war, especially if it is a country half- U.S. military action in Iraq. He said, said, ‘‘There is a fatal flaw at the heart H434 CONGRESSIONAL RECORD — HOUSE February 11, 1998 of Netanyahu’s policy. He is not pre- more fear-mongering there than I mind a big strike if, after it, the United pared to address the Palestinians’ basic think is justified. Nations lifts economic sanctions grievance. To think that Israel can hu- But if we do not plan to send troops, against Iraq.’’ miliate the Palestinians politically and we just agree to send bombs, then it I am afraid that this policy is going then reap the benefits of their security will not get rid of Hussein. Why are we in the wrong direction, that we are cooperation is foolish. It can’t hap- doing this? Because some people ques- going to have ramifications of it for pen.’’ tion this and some people respond and years to come, and that we will and Here we are being more involved in say, that may be correct, maybe we do could have the same type of result as the Middle East process with Iraq in not have the ability to inflict enough we had in Vietnam that took a decade the hope that we are going to bring damage or to kill Hussein. And some for us to overcome. about peace. here have even suggested that we as- Mr. Speaker, there is no indication What about another close ally, an sassinate him. that this bombing will accomplish ally that we have had since World War Well, I am not going to defend Iraq. I what we should do. Charles Duefler, II: Turkey. Turkey is not anxious for am not going to defend Hussein. But I deputy chief of the U.N. Special Com- doing this. They do not want us to take do have a responsibility here for us in mission in charge of Iraqi inspection the bombers and the troops out of Tur- the Congress to obey the law, and said, ‘‘Put bluntly, we do not really key. As a matter of fact, they are hesi- under our law, under the Constitution, know what Iraq has.’’ tant about this. This is an article from and with a sense of morality, we do not That is at the heart of the problem. the Washington Times by Philip go around assassinating dictators. I Here is our U.N. inspector admitting Smucker. He said, ‘‘Turkey’s growing think history shows that we were in- that they have no idea. So how can we fears of a clash in Iraq are based large- volved in that in South Vietnam and it prove that somebody does not have ly on what it sees as the ruinous after- did not help us one bit. something if we do not know what he is math of the Gulf War.’’ Syria is another close neighbor of supposed to have? So the odds of this So Turkey is claiming that they are Iraq. Syria was an ally in the Persian military operation accomplishing very still suffering from the Gulf War. Gulf War. Syria would like us not to do much are essentially slim to none. ‘‘The people,’’ and this is quoting anything. Iraqi foreign minister Mo- Charles Krauthammer, who would be from the Foreign Ministry Sermet hammed Saeed Sahhaf went to Damas- probably in favor of doing a lot more Atacanli, ‘‘the people have started cus to see Syrian President Hafez than I would do, had some advice. He thinking that Turkey is somehow Assad, marking the first time in 18 said, ‘‘Another short bombing cam- being punished,’’ a senior foreign offi- years that the Syrian leader met with paign would simply send yet another cial said. ‘‘We supported the war, but an Iraqi official. This is one of the con- message of American irresolution. It we are losing now.’’ So they are getting sequences, this is one of the things would arouse Arab complaints about no benefits. that is happening. The further we push American arrogance and aggression He said that since the war, Turkey the Iraqi people and the Iraqi Govern- while doing nothing to decrease has suffered economic losses of some ment, the further we push them into Saddam’s grip on power. Better to do $35 billion stemming from the invig- close alliances with the more radical nothing,’’ Charles Krauthammer in the orated Kurdish uprising on the Iraqi elements in that region. Washington Post. These are not my border and the shutting down of the It is conceivable to me that it would views. They are warnings that we border trade, including the Iraqi oil ex- be to Hussein’s benefit, and he prob- should not ignore. ports through Turkey. They used to ably is not worried that much, but I do Richard Cohen from the Washington have trade; now they do not. not believe it is in our interest. I do Post had some advice. He said, ‘‘Still We encouraged the Kurds to revolt not believe it is in the interest of the military action is a perilous course. It and then stepped aside, so the Kurds American people, the American tax- will produce what is called ‘collateral are unhappy with the Americans be- payers, the American fighter pilots, damage,’ a fancy term for the acciden- cause they were disillusioned as to and certainly long-term interest in the tal killing of civilians and possibly the what they thought they were supposed Middle East. We will spend a lot of unintentional destruction of a school to be doing. ‘‘Turkey’s clear preference money doing it. That is one issue. or mosque.’’ is for Iraq to regain control of its own We could end up having lives lost. We We have heard of that before. ‘‘That, Kurdish regions on the Turkish border still have not solved all the problems in turn,’’ he goes on to say, ‘‘will pro- and resume normal relations with An- and taken care of all the victims of the voke protests in parts of the Arab kara.’’ Persian Gulf War syndrome which world, Jordan probably and Egypt as Further quoting the foreign ministry numbers in the tens of thousands. well. In both countries the United of Turkey, ‘‘Iraq cannot exercise sov- Maybe we should be talking about that States is already considered the protec- ereignty over these regions, so there more than looking for more problems tor of a recalcitrant Israeli Govern- has become a power vacuum that has and a greater chance for a serious con- ment. As for Israel itself, it can expect created an atmosphere in which terror- frontation where lives were lost. that Iraq will send missiles its way ists operate freely.’’ It has taken quite The Iraqi and the Syrian views, ac- armed with chemical or biological some effort for Turkish forces to deal cording to this article, are very close weapons.’’ with this problem. and almost identical in rejecting a re- This is Richard Cohen warning us What will happen if the bombs are sort to force and American military about some of the ramifications of relatively successful? More vacuum. threats. We do not get support there, what might happen. More confusion. And more turmoil in and we should not ignore that. But during these past 8 years since that region. Just recently Schwarzkopf was inter- the war has ended, there has been no The military goals are questioned by viewed on NBC TV’s ‘‘Meet the Press,’’ signs that that is likely to happen. It is even the best of our military people in and he had some interesting comments more likely to happen that some mis- this country, and sometimes it is very to make, very objective, very military- sile or some accident will occur that difficult to understand what our mili- oriented comments. He would not agree will spread this war from a neat little tary goals are. We do not have the with me on my policy or the policy war to something much bigger than we troops there to invade and to take over that I would advocate of neutrality and are interested in dealing with. Baghdad or to get rid of Hussein, but nonintervention and the pro-American There are several other points that I we have a lot of bombs and we have a policy. But he did have some warnings would like to mention here. The one lot of firepower. Yet, we are supposed about the military operation. thing we cannot measure and we can- to be intimidated and fearful of this He said, ‘‘I do not think the bombing, not anticipate are the accidents that military strength of Saddam Hussein. I don’t think it will change his behav- happen. So often wars are caused by Yet even by our own intelligence re- ior at all. Saddam’s goal is to go down people being in the wrong place at ports, his strength is about one-half in history as the second coming of wrong time, and then accidents happen what it was before the Persian Gulf Nebuchadnezzar by uniting the Arab and somebody gets killed, a ship is War started. So there is a little bit world against the west. He may not sunk, and we have to go to war. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H435 Other times some of these events over there to protect our oil. Of course, mand that we take more money from may be staged. One individual sug- it was Iraqi oil but some people believe the American taxpayers and bail out gested the possibility of a person like sincerely that keeping this Iraqi oil off southeast Asian countries through the Saddam Hussein actually acting irra- the market helps keep the prices high- IMF and that we are willing to have tionally and doing something radical er and they do not need that to happen. our young men and women be exposed to his own people and then turning As a matter of fact, it was in the to war conditions and to allow them to around and blaming the United States Wall Street Journal today that that go to war mainly under a U.N. resolu- or Israel or something like that. So we was further suggested. It said: Equally tion and a token endorsement by the are dealing with an individual that important the U.S. must terminate il- Congress, I think this is the wrong way may well do this and for his specific legal oil exports from the Iraqi port of to go. purposes. Basra. I do realize that we have been doing But we would all be better off, not so There, submerged barges depart daily it this way for 40 or 50 years. But quite much that we can anticipate exactly for Iran, which sells the oil and, after a frankly, Mr. Speaker, I do not believe who we should help and who we should hefty rake-off, returns the proceeds to the American people are all that happy support; we have done too much of fund Saddam. So there are sales and about it. I have not yet had anybody in that. We help too often both sides of there might be people that are looking my district come up to me and start every war that has existed in the last at this mainly as a financial thing saying, RON, I want you to get up there 50 years, and we have pretended that dealing with oil. and start voting. I want to see those we have known what is best for every- The odds now of us being able to stop bombs flying. body. I think that is impossible. this bombing I think are pretty slim. I As a matter of fact, I have had a lot I think the responsibility of the think that is rather sad because it of them come and say, why are you Members of Congress here is to protect looks like there will be a resolution guys up there thinking about going to the national interest, to provide na- that will come to the floor. There prob- war? I have had a lot of people talk tional security, to take care of na- ably will not be a chance for a lot of about that. So we should not do this tional defense, to follow the rules that debate. It will come up under suspen- carelessly and casually. say, we should not go to war unless the sion possibly and yet in the words may There is no reason in the world why war is declared. If we go to war, we go be toned down a little bit. we cannot be willing to look at the rule to war to fight and win the war. But we It might not be identical to the Gulf of law. The rule of law is very clear. We do not go to war because we like one of Tonkin Resolution. But all I would do not have the moral authority to do country over another country and we like to do is point out to my colleagues this. This is, we must recognize, this is want to support them. that this is more important than it ap- an act of war. We literally support both sides in the pears, and we should not be so glib as When the resolution comes up to the Middle East, and it is a balancing act to give this authority, to give the floor, no matter how watered down it and, quite frankly, both sides right cover for the President to say, well, the is, I think everybody should think very now seem to be a little bit unhappy Congress said it was okay. I do not seriously about it and not be careless with us. So the policy has not been think the Congress should say it is about it, not wait until a decade goes working; we have not been able to okay, because I think it is the wrong by and 50,000 men are killed. I think achieve what we think we are able to thing to do. And I think it could lead that is the wrong way to do it. do. But we must be very cautious on to so many, so many more problems. There is nothing wrong with a pro- what we are doing here in the next few So we have a responsibility. If the re- American foreign policy, one of non- weeks. sponsibility is that Saddam Hussein is intervention, one where we are neutral. People say, well, we have to do it be- a threat to our national security, we That was our tradition for more than cause Hussein has so much of this fire- should be more honest with the Amer- 100 years. It stood out in George Wash- power, he has all of these weapons of ican people. We should tell them what ington’s farewell address, talk about mass destruction. It was just recently the problem is. We should have a reso- nonentangling alliances. These entan- reported by U.S. intelligence that there lution, a declaration of war. gling alliances and our willingness to are 20 nations now who are working on Obviously, that would not pass but it get involved has not been kind to us in and producing weapons of mass de- looks like it will not be difficult to the 20th century. So we should really struction, including Iran and Syria. So pass a resolution that will condone and consider the option of a foreign policy why do we not go in there and check give sanction to whatever the Presi- that means that we should be friends them out too? dent does regardless of all the military with all. Why is it that we have no more con- arguments against it. People will immediately say that is cern about our national security con- So I see this as really a sad time for isolationism. Even if you are not for cern about China? I think China can us and not one that we should be proud the IMF bailout, this argument really pose a national threat. I do not think of. I do know that the two weakest ar- bewilders me. If you are not for the $18 we should be doing it to China. I do not guments I can present here would be billion bailout of the IMF, you are an think we should be looking to find out that of a moral argument, that wars isolationist. You can be for free trade what kind of weapons they have. We ought to be fought only for defense and and get rid of all the tariffs and do ev- know they sell weapons to Iraq. And we for national security. I have been told erything else, but if you are not willing know they are a very capable nation that is too old-fashioned and we must to give your competitors more money when it comes to military. But what do police the world, and we have the obli- and bail them out and bail out the we do with China? We give them for- gation. We are the only superpower. banks, you are an isolationist. You are eign aid. They are one of the largest re- Well, I do not think that is a legiti- not for free trade. It is complete non- cipients of foreign aid in the whole mate argument. I do have a lot of res- sense. There is nothing wrong with iso- world. ervation that we are so anxious to go lating our military forces. along with getting authority else- We do not have to be the policemen b 2145 where, and that is through the United of the world. We have not done a good So we do not apply the rules to all Nations. When the Persian Gulf War job and the world is not safer today be- the countries the same, and we get nar- was started, getting ready to start, it cause of our willingness to do this. One rowed in on one item and we get dis- was said that we did not need the Con- act leads to the next one. We are still tracted from many of the facts that I gress to approve this because the au- fighting the Persian Gulf War, and it think are so important. Some people thority came from the United Nations sounds to me like we are losing our al- believe that it is conceivable that the resolution. lies. We must take this under serious oil is even very important in this issue Well, that to me is the wrong way to advisement. We must not be too anx- as well. go. If we are involved in internation- ious to go and do something that we We obviously knew the oil was im- alism, where international financing could be very sorry for. portant in the Persian Gulf War be- now is influencing our presidential I know that people do not like this cause it was said that we were going election, if international finances de- statement I am going to be making to H436 CONGRESSIONAL RECORD — HOUSE February 11, 1998 be made, but I think there should be a can go over there and see if the B–1 and sistent, if they are the right ideas, you consideration for it. So often Members the stealth bombers will work a little should be consistent. But we talk here are quite willing to vote to put bit better than they have in the past. about this horrible country, I am not ourselves and our men in harm’s way But this is not a game. This is not a defending the country and I am not de- that could lead to a serious confronta- game. This is serious business. fending Hussein, but we criticize him tion with many deaths. But if those in- One item like this, one event like as an individual who invaded another dividuals who claim that it would be this can lead to something else, and country. I wonder what they are talk- best to assassinate Saddam Hussein or that is what we have to be cautious ing about. put land troops on there, I wonder if about. We cannot assume that, yes, we I wonder if they are talking about they would be willing to be the first can bomb for a day or two or three or when he invaded Iran with our encour- ones on the beachhead. That really is four and the stronger the rhetoric the agement and our money and our sup- the question. That is a fair statement. more damage we are going to do. We port. Is that what they are talking If you are willing to go yourself, if need less rhetoric. We as a Nation have about? Or are they talking about the you are willing to send your child, then on occasion been the initiators of peace other invasion that we did not like be- it is more legitimate to vote casually talks. We encourage the two groups in cause it was a threat to western oil? I and carelessly to go marching off with the Middle East, the Israelis and the think that might be the case. acts of war. But if that individual who Palestinians. We bring them to our So they talk about poison gas. Yes, is getting ready to vote, if he himself country. We ask them to sit down and there is no doubt about it. I think the or she herself is not willing to land on talk. Please talk before you kill each evidence is out that he has used poison that beach and risk their lives, they other. We go to the Protestants and we gas against his own people. Horrible, should think a second time. go to the Catholics and we say, please killed a lot of people. But never In a war for national defense, if this talk, do not kill each other. Why do we against another country, which means country is threatened, every one of us not talk more to Hussein? He is willing the line could be drawn by if he had should participate in it. We should and to. ever used these weapons. We cannot in- we can. We could do it our way, to par- I know, I mean you have to take his vestigate 20 countries. We cannot in- ticipate in the defense of this country. word with a grain of salt, but would it vestigate North Korea. We cannot in- But once it is being involved in a cas- not be better to sit down across the vestigate China. Why do we have this ual and a careless manner with not table and at least talk rather than pur- obsession with investigating this coun- knowing what the goals are, not know- sue a course that, a military course try? But poison gases, under inter- ing what victory means, not fighting to that may be more harmful? national agreements, we are not sup- win, this can only lead to bigger prob- If this would be a guarantee that it posed to use poison gases. lems. would get a lot better and that we Poison gases, we used them, not This is the time to reassess it. I know would solve a lot of problems, maybe against a foreign power but we used time is running short. Everybody is we could consider it. But even those them against our own people. No, we afraid of losing face. Some people say, who advocate this do not claim they did not have a mass killing but those well, how do we back off and we cannot know when the end stage is, what the families understood it. Over 100, more let Saddam Hussein lose face, and what ultimate goal is, and that they would than 100, 150 people were gassed with about our own politicians who have expect success. They are not expecting gas that was illegal, according to our been saying that we must do some- this. They just want to bomb, bomb own agreements, and we used them at thing. They will lose face. Would that people. Innocent people will die. Those Waco. not be the worst reason in the world to pictures will be on television. So at one time we were an ally of a do this, because they are afraid of los- And I, quite frankly, do not believe country, at the same time he is using ing face because we threatened them? the polls that most Americans want us poison gas and invading another coun- If it is the wrong thing to do, we should to do this. I go home; I talk to a lot of try and then, when he invades the not do it. And there seems to me to be my constituents. I do not find them wrong country, then we give him trou- no direct benefit to the American peo- coming and saying, do this. They do ble. ple, certainly no benefit to the Amer- not even understand, the people who b 2200 ican taxpayer, certainly no benefit to come and talk to me, they ask me what peace in the Middle East. It is more is going on up there. Why are they get- For many, many years, Noriega was likely to cause more turmoil. It is ting ready to do this? our ally, and he was no angel when he more likely to unify the Islamic fun- I mean, most people in this country was our ally. He received money from damentalists like they have never been cannot even find where Iraq is on the the CIA, but all of a sudden he wanted unified before. map. I mean, they are not that con- to be his own drug lord. He did not So what we are doing here is very se- cerned about it. And yet all we would want to be beholding to our CIA, so we rious business. Unfortunately, it looks have to do is have one ship go down had to do something about him. like it is going to happen and it looks and have loss of life and then all of a There is nothing wrong with a for- like there will be one or two or three or sudden, then do we turn tail? Then is it eign policy that is consistent based on four of us that will say, go slow, do not that we do not lose face after we lose a moral principle and on our Constitu- do this, let us question this. But unfor- 1,000 men by some accident or some tion. That means that the responsibil- tunately, the only significant criticism freakish thing happening? ity of the U.S. Congress is to provide we have had of the policy has been, do Sure, we will lose more face then. for a strong national defense. There is more faster. But we can save face if we do what is nothing wrong with being friends with We do not need to do more faster. We right, explain what we are doing and be everybody who is willing to be friends need to do less quicker, much less open to negotiations. There is nothing with us. There is nothing wrong with quicker. Nothing has been happening in wrong with that. I mean, there has not trading with as many people that will the last few years, the last few weeks. been a border crossing. trade with us, and there is nothing Does President Clinton need to bomb The other thing is it would be nice if wrong with working for as low tariffs over the weekend or next week or two we had a policy in this country, a for- as possible. weeks from now? I say absolutely not. eign policy that had a little bit of con- There is no reason why we should not There is no need for this. sistency. I have been made fun of at consider at least selling some food and Saddam is weaker than he used to be. one time on the House floor for being medicine to Castro. We have had a con- He could be stronger after this is fin- consistent and wanting to be consist- frontation with Castro now for 40 ished. So we must be cautious. We ent. years, and it has served him well be- must take our time and think about I do not particularly think there is cause his socialism and his com- this before we go off and make this dec- anything wrong with being consistent. munism was an absolute failure. But he laration. It sounds like a lot of fun. We I think there should be a challenge on always had a scapegoat. It was the have a lot of bombers. We have a lot of my ideas or our ideas. We should chal- Americans. It was the Americans be- equipment that we have to test, and we lenge ideas. But if you want to be con- cause they boycotted and they would February 11, 1998 CONGRESSIONAL RECORD — HOUSE H437 not trade and, therefore, that was the and subsidizing Hussein and it will not militant attitude that we have with reason they suffered. So it served him work now when we are trying to bomb our policy to rule. We have to decide well. him. here in this country, as well as in this I would think that being willing to Neither will it work for us to not body, what we want from our govern- talk with people, if we believe in our have somewhat of a consistent policy ment and what kind of a government system, if we believe that liberty is to ignore the other countries that are we want. something to be proud of and that that doing the very same thing at the same We got off from the right track with works, I am convinced that it is better time the real threat possibly could be a the founders of this country. They to have set an example to talk with country like China. And what do we wrote a good document and that docu- people, trade with people, and go back do? We give them billions and billions ment was designed for this purpose, for and forth as freely as possible and we of dollars of subsidies. the protection of liberty. We have gone will spread our message much better There is nothing wrong with a con- a long way from that, until now we than we ever will with bombs. sistent defense of a pro-America for- have the nanny state that we cannot How many bombs did we drop in eign policy. People will say, well, the even plow our gardens without ump- South Vietnam? How many men were world is different and we have to be in- teen number of permits from the Fed- lost on our side? How many people volved. That is exactly the reason that eral Government. So our government is were lost on the other side? How many we ought to be less aggressive. That is too big, it is too massive, and we have innocent people were lost? So the war exactly the reason why we ought to undermined the very concept of lib- ends, after a decade. After a decade of take our own counsel and not do these erty. misery in this country where we lit- things. Because we live in an age where Foreign policy is very important be- erally had to turn on our own people to communications are much more rapid. cause it is under the conditions of war; suppress the demonstrations. But The weapons are much worse. There is it is under the condition of foreign con- today I have friends who are doing every reason in the world to do less of frontation that people are so willing to business in South Vietnam, making this, not more of it. give up their liberties at home because money over there, which means that But none of this could happen. We of the fear. We should avoid unneces- trade and talk works. They are becom- could never move in this direction un- sary confrontations overseas and we ing more Westernized. less we asked a simple question: What should concentrate on bettering the This whole approach of militancy, be- really is the role of our government? Is people here in this country, and it can lieving that we can force our way on the role of our government to perpet- best be done by guaranteeing property other people, will not and cannot work. uate a welfare-warfare state to take rights, free markets, sound money, and Matter of fact, the few quotes that I care of the large special interests who a sensible approach to our foreign pol- used here earlier are indicating that we benefit from this by building weapons icy. are doing precisely the wrong thing; and buying and selling oil? No, the pur- f that we are further antagonizing not pose cannot be that. only our so-called enemies, but we are The welfare-warfare state does not LEAVE OF ABSENCE further antagonizing our allies. So if work. The welfare for poor is well-mo- By unanimous consent, leave of ab- there is no uniformity of opinion of the tivated; it is intended to help people, sence was granted to: neighbors, of Iraq, that we should be but it never helps them. They become Mr. MILLER of Florida (at the request doing this, if we will not listen to the an impoverished, dependent class. And of Mr. ARMEY) for today and the bal- moral, if we will not listen to the con- we are on the verge of bankruptcy, no ance of the week on account of a death stitutional issue, we should listen to matter what we hear about the bal- in the family. the practical issue. His neighbors do anced budget. The national debt is Ms. ESHOO (at the request of Mr. GEP- not want us to do it. going up by nearly $200 billion a year HARDT) for today and Thursday, Feb- And what are we going to prove? We and it cannot be sustained. So this ruary 12, on account of a death in the should not do it. We should reassess whole nonsense of a balanced budget family. this. We should decide quietly and and trying to figure out where to spend Mrs. MINK of Hawaii (at the request calmly and deliberately in this body the excess is nonsense. It just encour- of Mr. GEPHARDT) for today and Thurs- that quite possibly the move toward ages people to take over more of the re- day, February 12, on account of official internationalism, abiding by the U.N. sponsibilities that should be with the business in the district. resolutions, paying through the nose to American people. f the IMF to bail out the special inter- We here in the Congress should be ests, never helping the poor but always talking about defending this country, SPECIAL ORDERS GRANTED helping the rich, encouraging a system providing national security, providing By unanimous consent, permission to that encourages foreign countries to for a strong currency, not deliberately address the House, following the legis- come in and buy influence, should be distorting the currency. We should be lative program and any special orders challenged. We should change it. protecting private property rights and heretofore entered, was granted to: And we do not have to be isolation- making sure that there is no incentive (The following Members (at the re- ists. We can be more open and more for the special interests of this country quest of Ms. SANCHEZ) to revise and ex- willing to trade and talk with people to come and buy their influence up tend their remarks and include extra- and we will have a greater chance of here. neous material:) peace and prosperity. That is our pur- We do not need any fancy campaign Mr. DAVIS of Illinois for 5 minutes, pose. Our purpose is to protect liberty. reform laws. There is no need for those. today. And we do not protect American lib- We need to eliminate the ability of the Mr. RAHALL for 5 minutes, today. erty by jeopardizing their liberty and Congress to pass out favors. I do not Ms. SANCHEZ for 5 minutes, today. the wealth of this country by getting get any PAC money because there is no Mr. PALLONE for 5 minutes, today. involved when we should not be in- attempt to come and ask me to do spe- Mrs. MALONEY of New York for 5 min- volved. cial favors for anybody. I get a lot of utes, today. The world is a rough enough place al- donations from people who want lib- Ms. JACKSON-LEE for 5 minutes, ready, and there will continue to be the erty. They want to be left alone, and today. hot spots of the world, but I am totally they know, they know that they can Mr. THOMPSON of Mississippi for 5 convinced that a policy of American take care of themselves. minutes, today. intervention overseas, subjecting other Now, this point will not be proven Mr. KLINK for 5 minutes, today. nations to our will, trying to be friends until the welfare state crumbles, and it Ms. MILLENDER-MCDONALD for 5 min- to both sides at all times, subsidizing may well crumble in the next decade. utes, today. both sides and then trying this bal- The Soviet system crumbled rather Mrs. MEEK for 5 minutes, today. ancing act that never works, this is not suddenly. We cannot afford to continue Ms. BROWN of Florida for 5 minutes, going to work either. It did not work in to do this, but we must be cautious not today. the 1980s when we were closely allied to allow the corporate state and the Mr. SNYDER for 5 minutes, today. H438 CONGRESSIONAL RECORD — HOUSE February 11, 1998

Mr. STOKES for 60 minutes, today. Mr. SHIMKUS 801(a)(1)(A); to the Committee on Agri- Mr. OWENS for 60 minutes, today. Mr. DAVIS of Virginia culture. 7037. A letter from the Under Secretary for (The following Members (at the re- Mr. SOLOMON Rural Development, Department of Agri- quest of Mr. ADERHOLT) to revise and Ms. ROS-LEHTINEN culture, transmitting the Department’s final extend their remarks and include ex- Mrs. MORELLA rule—Intermediary Relending Program (RIN: traneous material:) Mrs. ROUKEMA 0570–AA15) received January 9, 1998, pursuant Mr. RIGGS for 5 minutes, today. Mr. WELLER to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. SOUDER for 5 minutes, on Feb- Mr. FRANKS of New Jersey Agriculture. 7038. A letter from the Director, Office of ruary 12. Mr. SMITH of New Jersey Regulatory Management and Information, Mr. SHAYS for 5 minutes, today. Mr. EWING Environmental Protection Agency, transmit- Mr. ADERHOLT for 5 minutes, today. Mr. FORBES ting the Agency’s final rule—Terbacil; Ex- Mr. RILEY for 5 minutes, today. (The following Members (at the re- tension of Tolerance for Emergency Exemp- Mr. JENKINS for 5 minutes, today. quest of Mr. PAUL) and to include ex- tions [OPP–300611; FRL–5768–1] (RIN: 2070– Mr. SHIMKUS for 5 minutes, on Feb- traneous matter:) AB78) received January 29, 1998, pursuant to ruary 12. Mr. HUTCHINSON. 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. COX of California for 5 minutes, Mr. BROWN of California. Agriculture. on February 12. 7039. A letter from the Director, Office of Mr. JENKINS. Regulatory Management and Information, Mrs. LINDA SMITH of Washington for 5 Mr. LAFALCE. Environmental Protection Agency, transmit- minutes, on February 12. Ms. STABENOW. ting the Agency’s final rule—Oxyfluorfen; Mr. PAPPAS for 5 minutes, on Feb- Ms. NORTON. Extension of Tolerance for Emergency Ex- ruary 12. Mr. LANTOS. emptions [OPP–300610; FRL–5767–9] (RIN: Mr. JONES for 5 minutes, on February Mr. DEUTSCH. 2070–AB78) received January 29, 1998, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 24. Mr. ORTIZ. (The following Member (at his own on Agriculture. Mr. FRELINGHUYSEN. 7040. A letter from the Chairman and Chief request) to revise and extend his re- Mr. ADERHOLT. Executive Officer, Farm Credit Administra- marks and include extraneous mate- Mr. RIGGS. tion, transmitting the Administration’s final rial:) Mr. WATTS of Oklahoma. rule—Loan Policies and Operations; Title IV Mr. ROHRABACHER, for 5 minutes, Mr. TAUZIN. Conservators, Receivers, and Voluntary Liq- today. Mr. ROHRABACHER. uidation (RIN: 3052–AB09) received January f 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to f the Committee on Agriculture. EXTENSION OF REMARKS 7041. A letter from the Administrator, ADJOURNMENT Rural Housing Service, transmitting the By unanimous consent, permission to Mr. PAUL. Mr. Speaker, I move that Service’s final rule—Electric System Oper- revise and extend remarks was granted the House do now adjourn. ations and Maintenance (RIN: 0572–AA74) re- to: The motion was agreed to; accord- ceived February 4, 1998, pursuant to 5 U.S.C. (The following Members (at the re- ingly (at 10 o’clock and 9 minutes 801(a)(1)(A); to the Committee on Agri- culture. quest of Ms. SANCHEZ) to revise and ex- p.m.), the House adjourned until to- tend their remarks and to include ex- 7042. A communication from the President morrow, Thursday, February 12, 1998, of the United States, transmitting his re- traneous matter:) at 10 a.m. quests for FY 1998 supplemental appropria- Mr. TIERNEY f tions for the Department of State and the Mr. SKELTON International Monetary Fund, pursuant to 31 Mr. LIPINSKI EXECUTIVE COMMUNICATIONS, U.S.C. 1107; (H. Doc. No. 105—213); to the Mr. HAMILTON ETC. Committee on Appropriations and ordered to Mr. VENTO be printed. Under clause 2 of rule XXIV, execu- 7043. A letter from the Chief, Programs and Mr. MILLER of California tive communications were taken from Legislation Division, Department of the Air Mr. SCHUMER the Speaker’s table and referred as fol- Force, transmitting notification that the Mr. UNDERWOOD lows: Commander of Air Force Space Command is Mr. TOWNS initiating a cost comparison of libraries at 7033. A letter from the Acting Adminis- Mr. TRAFICANT F.E. Warren Air Force Base, Wyoming, Pat- trator, Agricultural Marketing Service, Mrs. MALONEY of New York rick AFB, Florida, Peterson AFB, Colorado, transmitting the Service’s final rule—Do- Malmstrom AFB, Montana, and Vandenberg Ms. SANCHEZ mestically Produced Peanuts Handled by Ms. SLAUGHTER AFB, California, pursuant to 10 U.S.C. 2304 Persons Not Subject to Peanut Marketing nt.; to the Committee on National Security. Mr. WEYGAND of Rhode Island Agreement No. 146; Marketing Agreement 7044. A letter from the Chief, Programs and Mr. STARK No. 146 Regulating the Quality of Domesti- Legislation Division, Department of the Air Mr. PASCRELL cally Produced Peanuts [Docket No. FV97– Force, transmitting notification that the Mr. KLECZKA 998–3 FIR] received January 22, 1998, pursu- Commander of Wright-Patterson Air Force Mr. BONIOR ant to 5 U.S.C. 801(a)(1)(A); to the Committee Base, Ohio, has conducted a cost comparison on Agriculture. Mr. ACKERMAN to reduce the cost of certain operating logis- 7034. A letter from the Acting Adminis- Mr. STOKES tics functions, pursuant to 10 U.S.C. 2304 nt.; trator, Agricultural Marketing Service, to the Committee on National Security. Mr. BENTSEN of Texas transmitting the Service’s final rule—Mel- 7045. A letter from the Assistant Secretary Mr. CLYBURN ons Grown in South Texas; Decreased Assess- for Installations and Environment, Depart- Mr. WISE ment Rate [Docket No. FV98–979–1 IFR] re- ment of the Navy, transmitting notification Mr. BOYD ceived February 4, 1998, pursuant to 5 U.S.C. of the decision to study certain functions Ms. JACKSON-LEE 801(a)(1)(A); to the Committee on Agri- performed by military and civilian personnel Mr. KILDEE culture. in the Department of the Navy for possible 7035. A letter from the Acting Adminis- Mrs. MINK of Hawaii performance by private contractors, pursu- trator, Agricultural Marketing Service, ant to 10 U.S.C. 2304 nt.; to the Committee on Mr. FARR of California transmitting the Service’s final rule—Rai- National Security. (The following Members (at the re- sins Produced From Grapes Grown in Cali- 7046. A letter from the Assistant Secretary quest of Mr. ADERHOLT) to revise and fornia; Modifications to the Raisin Diversion for Installations and Environment, Depart- extend their remarks and include ex- Program [Docket No. FV97–989–3 FIR] re- ment of the Navy, transmitting notification traneous matter:) ceived February 4, 1998, pursuant to 5 U.S.C. of the decision to convert to contractor per- Mr. RADANOVICH 801(a)(1)(A); to the Committee on Agri- formance the operation of Family Services Mr. OXLEY culture. Center at Naval Base San Diego, San Diego, 7036. A letter from the Congressional Re- Mr. GALLEGLY CA, pursuant to 10 U.S.C. 2304 nt.; to the view Coordinator, Animal and Plant Health Committee on National Security. Mr. BILIRAKIS Inspection Service, transmitting the Serv- 7047. A letter from the Under Secretary Mr. GILMAN ice’s final rule—Imported Fire Ant Quar- (Acquisition and Technology), Department Mr. CHRISTENSEN antined Areas [Docket No. 97–101–1] received of Defense, transmitting the report to Con- Mr. CRAPO January 28, 1998, pursuant to 5 U.S.C. gress for Department of Defense purchases February 11, 1998 CONGRESSIONAL RECORD — HOUSE H439 from foreign entities in fiscal year 1997, pur- 801(a)(1)(A); to the Committee on Banking nual report for 1997, pursuant to 20 U.S.C. suant to Public Law 104—201, section 827 (110 and Financial Services. 2012(b); to the Committee on Education and Stat. 2611); to the Committee on National 7059. A letter from the General Counsel, the Workforce. Security. Department of Housing and Urban Develop- 7070. A letter from the Deputy Executive 7048. A letter from the Deputy Secretary, ment, transmitting the Department’s final Director and Chief Operating Officer, Pen- Department of Defense, transmitting a re- rule—Single Family Property Disposition sion Benefit Guaranty Corporation, trans- port on the feasibility of using private-sector Officer Next Door Sales Program [Docket mitting the Corporation’s final rule—Alloca- sources for air transportation of military No. FR–4277–N–01] received January 20, 1998, tion of Assets in Single-Employer Plans; In- personnel and cargo, pursuant to Public Law pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- terest Assumptions for Valuing Benefits [29 104–106, section 365(a) (110 Stat. 275); to the mittee on Banking and Financial Services. CFR Part 4044] received February 5, 1998, Committee on National Security. 7060. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7049. A letter from the Secretary of De- Department of Housing and Urban Develop- mittee on Education and the Workforce. fense, transmitting the 1998 Department of ment, transmitting the Department’s final 7071. A communication from the President Defense Annual Report to the President and rule—Electronic Payment of Multifamily In- of the United States, transmitting a copy of the Congress, pursuant to 10 U.S.C. 113 (c) surance Premiums [Docket No. FR–4203–F– Presidential Determination No. 97–35: Ex- and (e); to the Committee on National Secu- 02] received January 20, 1998, pursuant to 5 empting the United States Air Force’s oper- rity. U.S.C. 801(a)(1)(A); to the Committee on ating location near Groom Lake, Nevada, 7050. A letter from the Secretary of De- Banking and Financial Services. from any Federal, State, interstate, or local fense, transmitting the Department’s report 7061. A letter from the General Counsel, hazardous or solid waste laws that might re- on Payment of Restructuring Costs Under Department of Housing and Urban Develop- quire the disclosure of classified information Defense Contracts for FY 1997, pursuant to 10 ment, transmitting the Department’s final concerning that operating location to unau- U.S.C. 2324 nt.; to the Committee on Na- rule—Community Development Block thorized persons, pursuant to 42 U.S.C. 6961; tional Security. Grants: New York Small Cities Program to the Committee on Commerce. 7051. A letter from the Assistant Secretary [Docket No. FR–4155–F–02] (RIN: 2506–AB91) 7072. A letter from the Administrator, En- for Export Administration, Department of received December 12, 1997, pursuant to 5 ergy Information Administration, Depart- Commerce, transmitting the Department’s U.S.C. 801(a)(1)(A); to the Committee on ment of Energy, transmitting a copy of the final rule—Exports of High Performance Banking and Financial Services. Energy Information Administration’s report Computers under License Exception CTP 7062. A letter from the General Counsel, entitled ‘‘Annual Energy Outlook 1998,’’ pur- [Docket No. 980113010–8010–01] (RIN: 0694– Department of Housing and Urban Develop- suant to 15 U.S.C. 790f(a)(1); to the Commit- AB65) received January 29, 1998, pursuant to ment, transmitting the Department’s final tee on Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Use of Materials Bulletins Used in the 7073. A letter from the Secretary of En- National Security. HUD Building Product Standards and Cer- ergy, transmitting a copy of the annual re- 7052. A letter from the Director, Defense tification Program [Docket No. FR–4137–F– port on the Coke Oven Emission Control Pro- Procurement, Department of Defense, trans- 02] (RIN: 2502–AG84) received February 3, gram for fiscal year 1997, pursuant to Public mitting the Department’s final rule—Defense 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Law 101–549, section 301 (104 Stat. 2559); to Federal Acquisition Regulation Supplement; Committee on Banking and Financial Serv- the Committee on Commerce. Waiver of Domestic Source Restrictions ices. 7074. A letter from the Secretary of Health [DFARS Case 97–D321] received January 30, 7063. A letter from the Director, Financial and Human Services, transmitting the FY 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Crimes Enforcement Network, transmitting 1995 report describing the activities and ac- Committee on National Security. the Network’s final rule—Amendments to complishments of programs for persons with 7053. A letter from the Director, Defense the Bank Secrecy Act Regulations Regarding developmental disabilities and their fami- Procurement, Department of Defense, trans- Reporting and Recordkeeping by Card Clubs lies, pursuant to 42 U.S.C. 6006(c); to the mitting the Department’s final rule—Defense (RIN: 1506–AA18) received January 8, 1998, Committee on Commerce. Federal Acquisition Regulation Supplement; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7075. A letter from the Executive Director, Warranties in Weapon System Acquisitions mittee on Banking and Financial Services. Architectural and Transportation Barriers [DFARS Case 97–D326] received January 29, 7064. A letter from the Acting Director, Fi- Compliance Board, transmitting the Board’s 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the nancial Crimes Enforcement Network, trans- final rule—Telecommunications Act Acces- Committee on National Security. mitting the Network’s final rule—Condi- sibility Guidelines [Docket No. 97–1] (RIN: 7054. A letter from the Assistant Secretary tional Exceptions to Bank Secrecy Act Regu- 3014–AA19) received February 3, 1998, pursu- for Reserve Affairs, Department of Defense, lations Relating to Orders for Transmittals ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting a letter stating that the report of Funds by Financial Institutions [31 CFR on Commerce. on Reserve retirement initiatives will be Part 103] received January 20, 1998, pursuant 7076. A letter from the Assistant to the submitted on or about April 30, 1998, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on Board, Board of Governors of the Federal Re- ant to Public Law 104–201, section 531; to the Banking and Financial Services. serve System, transmitting the Board’s final Committee on National Security. 7065. A letter from the General Counsel, rule—Securities Credit Transactions; Bor- 7055. A letter from the Assistant Secretary National Credit Union Administration, rowing by Brokers and Dealers [Regulations for Reserve Affairs, Department of Defense, transmitting the Administration’s final G, T, U, and X; Docket Nos. R–0905, R–0923 transmitting a letter stating that the report rule—Production of Nonpublic Records and and R–0944] received January 12, 1998, pursu- on Reserve retirement initiatives will be Testimony of NCUA Employees in Legal Pro- ant to 5 U.S.C. 801(a)(1)(A); to the Committee submitted on or about January 30, 1998, pur- ceedings [12 CFR Part 792] received January on Commerce. suant to Public Law 104–201, section 531; to 23, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 7077. A letter from the Chief Financial Offi- the Committee on National Security. the Committee on Banking and Financial cer, Department of Energy, transmitting the 7056. A letter from the Assistant Secretary Services. annual report of compliance activities un- for Legislative Affairs, Department of De- 7066. A letter from the Director, Office of dertaken by the Department for mixed waste fense, transmitting a letter stating that the Management and Budget, transmitting a re- streams during FY 1996, pursuant to 42 report regarding funds expended for perform- port on appropriations legislation as re- U.S.C. 6965; to the Committee on Commerce. ance of depot-level maintenance and repair quired by section 251(a)(7) of the Balanced 7078. A letter from the General Counsel, by the public and private sectors is being Budget and Emergency Deficit Control Act Department of Transportation, transmitting prepared and will be forwarded shortly, pur- 1985, as amended; to the Committee on the the Department’s final rule— suant to 10 U.S.C. 2466(e); to the Committee Budget. Anthropomorphic Test Dummy; Occupant on National Security. 7067. A letter from the Secretary of Edu- Crash Protection [Docket No. NHTSA–98– 7057. A letter from the Comptroller of the cation, transmitting the annual report of the 3296] (RIN: 2127–AF41) received February 2, Currency, transmitting the biennial report National Advisory Committee on Institu- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the on compliance by insured depository institu- tional Quality and Integrity for fiscal year Committee on Commerce. tions with the National Flood Insurance Pro- 1997, pursuant to Public Law 102–325, section 7079. A letter from the Director, Office of gram for the period September 1, 1995 1203 (106 Stat. 794); to the Committee on Edu- Regulatory Management and Information, through August 31, 1997, pursuant to Public cation and the Workforce. Environmental Protection Agency, transmit- Law 103–325, section 529(a) (108 Stat. 2266); to 7068. A letter from the Assistant Secretary ting the Agency’s final rule—Approval and the Committee on Banking and Financial for Mine Safety and Health, Department of Promulgation of State Implementation Plan, Services. Labor, transmitting the Department’s final Texas: 15% Rate-of-Progress Plan, 1990 Emis- 7058. A letter from the General Counsel, rule—Mine Shift Atmospheric Conditions; sion Inventory, Motor Vehicle Emission Department of Housing and Urban Develop- Respirable Dust Sample (RIN: 1219–AA82) re- Budget, and Contingency Plan for the Beau- ment, transmitting the Department’s final ceived January 12, 1998, pursuant to 5 U.S.C. mont/Port Arthur Ozone Nonattainment rule—Amendments to Real Estate Settle- 801(a)(1)(A); to the Committee on Education Area [TX82–1–7336b; FRL–5962–5] received ment Procedures Act Regulation (Regulation and the Workforce. February 5, 1998, pursuant to 5 U.S.C. X)—-Escrow Accounting Procedures [Docket 7069. A letter from the Executive Sec- 801(a)(1)(A); to the Committee on Commerce. No. FR–4079–F–02] (RIN: 2502–AG75) received retary, Harry S. Truman Scholarship Foun- 7080. A letter from the Director, Office of January 23, 1998, pursuant to 5 U.S.C. dation, transmitting the Foundation’s an- Regulatory Management and Information, H440 CONGRESSIONAL RECORD — HOUSE February 11, 1998 Environmental Protection Agency, transmit- trict; Monterey Bay Unified Air Pollution eral Communications Commission, transmit- ting the Agency’s final rule—Approval and Control District; Ventura County Air Pollu- ting the Commission’s final rule—Amend- Promulgation of State Implementation tion Control District [CA 172–0040a; FRL– ment of Section 73.202(b), Table of Allot- Plans; Arizona—Maricopa County Ozone and 5956–9] received February 2, 1998, pursuant to ments, FM Broadcast Stations (Chewelah, PM10 Nonattainment Areas [AZ 071–009; 5 U.S.C. 801(a)(1)(A); to the Committee on Washington) [MM Docket No. 97–65, RM–9002] FRL–5957–4] received February 5, 1998, pursu- Commerce. received January 30, 1998, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7090. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on on Commerce. Regulatory Management and Information, Commerce. 7081. A letter from the Director, Office of Environmental Protection Agency, transmit- 7099. A letter from the AMD—Performance Regulatory Management and Information, ting the Agency’s final rule—Approval and Evaluation and Records Management, Fed- Environmental Protection Agency, transmit- Promulgation of Air Quality State Imple- eral Communications Commission, transmit- ting the Agency’s final rule—Standards of mentation Plans; Texas; Disapproval of Revi- ting the Commission’s final rule—Amend- Performance for New Stationary Sources and sions to the State Implementation Plan ment of Section 73.202(b), Table of Allot- National Emission Standards for Hazardous [TX35–1–6168; FRL–5962–3] received February ments, FM Broadcast Stations (Westport, Air Pollutants: Approval of Delegation of 4, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Washington) [MM Docket No. 97–83, RM–8948] Authority to New Mexico [FRL–5962–4] re- the Committee on Commerce. received January 30, 1998, pursuant to 5 ceived February 5, 1998, pursuant to 5 U.S.C. 7091. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Commerce. Regulatory Management and Information, Commerce. 7082. A letter from the Director, Office of Environmental Protection Agency, transmit- 7100. A letter from the AMD—Performance Regulatory Management and Information, ting the Agency’s final rule—Approval and Evaluation and Records Management, Fed- Environmental Protection Agency, transmit- Promulgation of Implementation Plans; Ari- eral Communications Commission, transmit- ting the Agency’s final rule—Clarification to zona State Implementation Plan Revision, ting the Commission’s final rule—Amend- Technical Amendments to Solid Waste Pro- Maricopa County [AZ 017–0007; FRL–5956–8] ment of Section 73.202(b), Table of Allot- grams; Management Guidelines for Beverage received February 4, 1998, pursuant to 5 ments, FM Broadcast Stations (New Au- Containers and Resource Recovery Facilities U.S.C. 801(a)(1)(A); to the Committee on gusta, Mississippi) [MM Docket No. 97–184, Guidelines [FRL–5957–2] received January 28, Commerce. RM–9120] received January 30, 1998, pursuant 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7092. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Commerce. Regulatory Management and Information, Commerce. 7083. A letter from the Director, Office of Environmental Protection Agency, transmit- 7101. A letter from the AMD—Performance Regulatory Management and Information, ting the Agency’s final rule—Approval and Evaluation and Records Management, Fed- Environmental Protection Agency, transmit- Promulgation of Implementation Plans; Ari- eral Communications Commission, transmit- ting the Agency’s final rule—Approval and zona State Implementation Plan Revision, ting the Commission’s final rule—Amend- Promulgation of Implementation Plans; Maricopa County [AZ017–0008; FRL–5957–6] ment of Section 73.202(b), Table of Allot- State of Iowa [IA 037–1037a; FRL–5955–4] re- received February 4, 1998, pursuant to 5 ments, FM Broadcast Stations (Soldiers ceived January 28, 1998, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Grove, Wisconsin) [MM Docket No. 97–210, 801(a)(1)(A); to the Committee on Commerce. Commerce. RM–9166] received January 30, 1998, pursuant 7084. A letter from the Director, Office of 7093. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, Regulatory Management and Information, Commerce. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- 7102. A letter from the AMD—Performance ting the Agency’s final rule—Approval and ting the Agency’s final rule—Approval and Evaluation and Records Management, Fed- Promulgation of State Implementation Promulgation of State Implementation Plan; eral Communications Commission, transmit- Plans: Washington [WA9–1–5540, WA28–1–6613, Michigan [MI56–01–7264a; FRL–5961–8] re- ting the Commission’s final rule—Amend- WA34–1–6937; FRL–5951–2] received January ceived February 4, 1998, pursuant to 5 U.S.C. ment of Section 73.202(b), Table of Allot- 28, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Commerce. ments, FM Broadcast Stations (Lindsborg, the Committee on Commerce. 7094. A letter from the Director, Office of Kansas) [MM Docket No. 97–183, RM–9119] re- 7085. A letter from the Director, Office of Regulatory Management and Information, ceived January 30, 1998, pursuant to 5 U.S.C. Regulatory Management and Information, Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. Environmental Protection Agency, transmit- ting the Agency’s final rule—Approval and 7103. A letter from the AMD—Performance ting the Agency’s final rule—Butanamide, Promulgation of Air Quality Plans, Texas; Evaluation and Records Management, Fed- 2,2’—[3’dichloro[1,1’-biph nyl]-4,4’- Revision to the Texas State Implementation eral Communications Commission, transmit- diyl)bisazobis N–2,3-dihydro-2-oxo-1H- Plan; Alternate Reasonably Available Con- ting the Commission’s final rule—Amend- benximdazol-5-yl -3-oxo-; Significant New trol Technology Demonstration for ment of Section 73.202(b), Table of Allot- Use Rule [OPPTS–50620D; FRL–5757–3] (RIN: Raytheon TI Systems, Inc. [TX–85–1–7344a; ments, FM Broadcast Stations (Tylertown, 2070–AB27) received January 30, 1998, pursu- FRL–5955–8] received February 4, 1998, pursu- Mississippi) [MM Docket No. 97–45, RM–8961] ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee received January 30, 1998, pursuant to 5 on Commerce. on Commerce. U.S.C. 801(a)(1)(A); to the Committee on 7086. A letter from the Director, Office of 7095. A letter from the Director, Office of Commerce. Regulatory Management and Information, Regulatory Management and Information, 7104. A letter from the AMD—Performance Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Evaluation and Records Management, Fed- ting the Agency’s final rule—Acid Rain Pro- ting the Agency’s final rule—National Ambi- eral Communications Commission, transmit- gram; Auction Offerors to Set Minimum ent Air Quality Standards for Particulate ting the Commission’s final rule—Amend- Prices in Increments of $0.01 [FRL–5961–4] re- Matter and Revised Requirements for Des- ment of Section 73.202(b), Table of Allot- ceived January 30, 1998, pursuant to 5 U.S.C. ignation of Reference and Equivalent Meth- ments, FM Broadcast Stations (Pueblo, 801(a)(1)(A); to the Committee on Commerce. ods for PM2.5 and Ambient Air Quality Sur- Pueblo West, Canon City and Calhan, Colo- 7087. A letter from the Director, Office of veillance for Particulate Matter [AD-FRL– rado) [MM Docket No. 96–232; MM Docket No. Regulatory Management and Information, 5963–3] (RIN: 2060–AE66) received February 4, 97–35] received January 30, 1998, pursuant to Environmental Protection Agency, transmit- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Reimbursement Committee on Commerce. Commerce. to Local Governments for Emergency Re- 7096. A letter from the Director, Office of 7105. A letter from the AMD—Performance sponses to Hazardous Substance Releases Regulatory Management and Information, Evaluation and Records Management, Fed- [FRL–5958–1] (RIN: 2050–AE36) received Janu- Environmental Protection Agency, transmit- eral Communications Commission, transmit- ary 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); ting the Agency’s ‘‘Major’’ final rule—Emis- ting the Commission’s final rule—Amend- to the Committee on Commerce. sion Standards for Locomotives and Loco- ment of Section 73.202(b), Table of Allot- 7088. A letter from the Director, Office of motive Engines [FRL–5939–7] (RIN: 2060– ments, FM Broadcast Stations (Satellite Regulatory Management and Information, AD33) received February 5, 1998, pursuant to Beach, Florida) [MM Docket No. 97–221, RM– Environmental Protection Agency, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on 9181] received January 30, 1998, pursuant to 5 ting the Agency’s final rule—Approval and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Promulgation of Implementation Plan; Wis- 7097. A letter from the AMD—Performance Commerce. consin [WI75–01–7304; FRL–5958–7] received Evaluation and Records Management, Fed- 7106. A letter from the AMD—Performance January 29, 1998, pursuant to 5 U.S.C. eral Communications Commission, transmit- Evaluation and Records Management, Fed- 801(a)(1)(A); to the Committee on Commerce. ting the Commission’s final rule—Amend- eral Communications Commission, transmit- 7089. A letter from the Director, Office of ment of Section 73.202(b), Table of Allot- ting the Commission’s final rule—Amend- Regulatory Management and Information, ments, FM Broadcast Stations (Mills, Wyo- ment of Section 73.202(b), Table of Allot- Environmental Protection Agency, transmit- ming) [MM Docket No. 97–44, RM–8974] re- ments, FM Broadcast Stations (Kellnersville ting the Agency’s final rule—Approval and ceived January 30, 1998, pursuant to 5 U.S.C. and Two Rivers, Wisconsin) [MM Docket No. Promulgation of Implementation Plans; 801(a)(1)(A); to the Committee on Commerce. 97–52, RM–8987, RM–9098] received January 30, California State Implementation Plan Revi- 7098. A letter from the AMD—Performance 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the sion, Kern County Air Pollution Control Dis- Evaluation and RECORDs Management, Fed- Committee on Commerce. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H441 7107. A letter from the AMD—Performance 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 7130. A letter from the General Counsel, Evaluation and Records Management, Fed- the Committee on Commerce. Department of Housing and Urban Develop- eral Communications Commission, transmit- 7118. A letter from the Director, Defense ment, transmitting the Department’s final ting the Commission’s final rule—Amend- Security Assistance Agency, transmitting a rule—Adoption of Revised OMB Circular A– ment of Section 73.202(b), Table of Allot- report of those foreign military sales cus- 133; Administrative Requirements for Grant- ments, FM Broadcast Stations (Carrizo tomers with approved cash flow financing in ees to Reflect the Single Audit Act Amend- Springs, Corpus Christi, George West, excess of $100 million as of 1 October 1997, ments of 1996 [Docket No. FR–4258–I–01] (RIN: Pearsall, and Three Rivers, Texas) [MM pursuant to 22 U.S.C. 2765(a); to the Commit- 2501–AC40) received December 12, 1997, pursu- Docket No. 91–283, RM–7807, RM–8772] re- tee on International Relations. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ceived January 30, 1998, pursuant to 5 U.S.C. 7119. A letter from the Director, Defense on Government Reform and Oversight. 801(a)(1)(A); to the Committee on Commerce. Security Assistance Agency, transmitting 7131. A letter from the Attorney General, 7108. A letter from the AMD—Performance notification concerning the Department of Department of Justice, transmitting the FY Evaluation and Records Management, Fed- the Navy’s proposed Letter(s) of Offer and 1999 Summary Performance Plan, pursuant eral Communications Commission, transmit- Acceptance (LOA) to Egypt for defense arti- to Public Law 103–62; to the Committee on ting the Commission’s ‘‘Major’’ final rule— cles and services (Transmittal No. 98–24), Government Reform and Oversight. 7132. A letter from the Assistant Secretary Amendment of the Commission’s Rules Re- pursuant to 22 U.S.C. 2776(b); to the Commit- for Employment Standards, Department of garding the 37.0–38.6 GHz and 38.6–40.0 GHz tee on International Relations. Labor, transmitting the Department’s final Bands; Implementation of Section 309(j) of 7120. A letter from the Director, Defense rule—Government Contractors, Affirmative the Communication’s Act—Competitive Bid- Security Assistance Agency, transmitting a report containing an analysis and descrip- Action Requirements, Executive Order 11246; ding, 37.0–38.6 GHz and 38.6–40.0 GHz [ET Approval of Information Collection Require- tion of services performed by full-time USG Docket No. 95–183, RM–8553; PP Docket No. ments and OMB Control Numbers; Correc- employees during Fiscal Year 1997, pursuant 93–253] received February 6, 1998, pursuant to tion (RIN: 1215–AA01) received December 22, to 22 U.S.C. 2765(a); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the International Relations. Commerce. Committee on Government Reform and 7121. A letter from the Acting Director, De- 7109. A letter from the Deputy Director, Oversight. Regulations Policy and Management Staff, fense Security Assistance Agency, transmit- 7133. A letter from the General Counsel, Office of Policy, Food and Drug Administra- ting reports containing the status of loans Department of Transportation, transmitting tion, transmitting the Administration’s final and guarantees issued under the Arms Ex- the Department’s final rule—Privacy Act; rule—Revising the Announcement Proce- port Control Act, pursuant to 22 U.S.C. Implementation [Docket No. OST–96–1472] dures for Approvals and Denials of Pre- 2765(a); to the Committee on International (RIN: 2105–AC68) received January 29, 1998, market Approval Applications [Docket No. Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 97N–0133] received February 6, 1998, pursuant 7122. A letter from the Acting Secretary, mittee on Government Reform and Over- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of State, transmitting a report sight. Commerce. which sets forth all sales and licensed com- 7134. A letter from the Executive Director, 7110. A letter from the Deputy Director, mercial exports pursuant to section 25(a)(1) District of Columbia Financial Responsibil- Regulations Policy and Management Staff, of the Arms Export Control Act, pursuant to ity and Management Assistance Authority, Office of Policy, Food and Drug Administra- 22 U.S.C. 2765(a); to the Committee on Inter- transmitting the report entitled ‘‘District of tion, transmitting the Administration’s final national Relations. Columbia Public Schools Performance Audit: rule—Financial Disclosure by Clinical Inves- 7123. A letter from the Secretary of Com- Fiscal Year 1997 Capital Improvement Pro- tigators [Docket No. 93N–0445] received Feb- merce, transmitting the Bureau of Export gram Procurement Process’’; to the Commit- ruary 9, 1998, pursuant to 5 U.S.C. Administration’s ‘‘Annual Report for Fiscal tee on Government Reform and Oversight. 801(a)(1)(A); to the Committee on Commerce. Year 1997’’ and the ‘‘1998 Foreign Policy Ex- 7135. A letter from the Chairman, District 7111. A letter from the Administrator, Na- port Controls Report,’’ pursuant to 50 U.S.C. of Columbia Financial Responsibility and tional Aeronautics and Space Administra- app. 2413; to the Committee on International Management Assistance Authority, trans- tion, transmitting the Administration’s re- Relations. mitting a copy of the General Purpose Fi- port entitled ‘‘Annual Report to Congress— 7124. A letter from the Under Secretary nancial Statements and Independent Audi- Progress on Superfund Implementation in (Personnel and Readiness), Department of tor’s Report for the fiscal year ended Sep- Fiscal Year 1997,’’ pursuant to 45 U.S.C. 9651; Defense, transmitting a report on the audit tember 30, 1997; to the Committee on Govern- to the Committee on Commerce. of the American Red Cross for the year end- ment Reform and Oversight. 7112. A letter from the Director, Office of ing June 30, 1997, pursuant to 36 U.S.C. 6; to 7136. A letter from the Administrator, En- Congressional Affairs, Nuclear Regulatory the Committee on International Relations. vironmental Protection Agency, transmit- Commission, transmitting the Commission’s 7125. A letter from the Assistant Secretary ting the FY 1997 report pursuant to the Fed- final rule—Nuclear Fuel Cycle Facility Acci- for Legislative Affairs, Department of State, eral Managers’ Financial Integrity Act, pur- dent Analysis Handbook [NUREG–1320] re- transmitting a listing of gifts by the U.S. suant to 31 U.S.C. 3512(c)(3); to the Commit- ceived January 8, 1998, pursuant to 5 U.S.C. Government to foreign individuals during tee on Government Reform and Oversight. 7137. A letter from the Chairman, Federal 801(a)(1)(A); to the Committee on Commerce. fiscal year 1997, pursuant to 22 U.S.C. 2694(2); Deposit Insurance Corporation, transmitting 7113. A letter from the Chairman, Nuclear to the Committee on International Rela- the report in compliance with the Govern- Regulatory Commission, transmitting a re- tions. ment in the Sunshine Act for 1997, pursuant port on the nondisclosure of safeguards in- 7126. A letter from the Assistant Legal Ad- to 5 U.S.C. 552b(j); to the Committee on Gov- formation for the quarter ending December viser for Treaty Affairs, Department of State, transmitting copies of international ernment Reform and Oversight. 31, 1997, pursuant to 42 U.S.C. 2167(e); to the 7138. A letter from the Chairman, Federal agreements, other than treaties, entered into Committee on Commerce. Deposit Insurance Corporation, transmitting 7114. A letter from the Secretary of Health by the United States, pursuant to 1 U.S.C. the 1998 Annual Performance Plan, pursuant 112b(a); to the Committee on International and Human Services, transmitting the ‘‘Re- to Public Law 103–62; to the Committee on Relations. port on a Sentinel Disease Concept Study,’’ Government Reform and Oversight. pursuant to Public Law 103–43; to the Com- 7127. A letter from the Director, Bureau of 7139. A letter from the General Counsel, mittee on Commerce. Economic Analysis, Economics and Statis- Federal Retirement Thrift Investment 7115. A letter from the Secretary of Health tics Administration, transmitting the Ad- Board, transmitting the Board’s final rule— and Human Services, transmitting the report ministration’s final rule— Direct Investment Correction of Administrative Errors [5 CFR on evaluating the Ryan White CARE Act Surveys: BE–12, Benchmark Survey of For- Part 1605] received January 28, 1998, pursuant program accomplishments, pursuant to Pub- eign Direct Investment in the United to 5 U.S.C. 801(a)(1)(A); to the Committee on lic Law 101–381 and Public Law 104–146; to the States—1997 (RIN: 0691–AA08) received Janu- Government Reform and Oversight. Committee on Commerce. ary 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); 7140. A letter from the Acting Comptroller 7116. A letter from the Secretary, Securi- to the Committee on International Rela- General, General Accounting Office, trans- ties and Exchange Commission, transmitting tions. mitting a monthly listing of new investiga- the Commission’s final rule—Amendments to 7128. A letter from the Acting Comptroller tions, audits, and evaluations; to the Com- Beneficial Ownership Reporting Require- General, General Accounting Office, trans- mittee on Government Reform and Over- ments [Release No. 34–39538; File No. S7–16–96 mitting a list of all reports issued or released sight. International Series—1111] (RIN: 3235–AG81) in December 1997, pursuant to 31 U.S.C. 7141. A letter from the Acting Comptroller received January 12, 1998, pursuant to 5 719(h); to the Committee on Government Re- General, General Accounting Office, trans- U.S.C. 801(a)(1)(A); to the Committee on form and Oversight. mitting the Comptroller General’s 1997 An- Commerce. 7129. A letter from the Principal Deputy nual Report, pursuant to section 312(a) of the 7117. A letter from the Secretary, Securi- Assistant Secretary for Public Affairs, De- Budget and Accounting Act of 1921; to the ties and Exchange Commission, transmitting partment of Defense, transmitting a report Committee on Government Reform and the Commission’s final rule—Plain English of activities under the Freedom of Informa- Oversight. Disclosure [Release Nos. 33–7497; 34–39593; IC– tion Act for 1997, pursuant to 5 U.S.C. 552(d); 7142. A letter from the Deputy Associate 23011 International Series No. 1113; File No. to the Committee on Government Reform Administrator for Acquisition Policy, Gen- S7–3–97] (RIN: 3235–AG88) received January and Oversight. eral Services Administration, transmitting H442 CONGRESSIONAL RECORD — HOUSE February 11, 1998 the Administration’s final rule—Federal Ac- eral Services Administration, transmitting of proposed legislation to eliminate certain quisition Regulation; New Mexico Gross Re- the Administration’s final rule—Federal Ac- inequities in the Civil Service Retirement ceipts and Compensating Tax [FAC 97–03; quisition Regulation; Protests to GAO [FAC System and the Federal Employees’ Retire- FAR Case 97–018; Item VI] (RIN: 9000–AH79) 97–03; FAR Case 97–009; Item X] (RIN: 9000– ment System with respect to the computa- received December 3, 1997, pursuant to 5 AH81) received December 3, 1997, pursuant to tion of benefits for law enforcement officers, U.S.C. 801(a)(1)(A); to the Committee on Gov- 5 U.S.C. 801(a)(1)(A); to the Committee on firefighters, air traffic controllers, and their ernment Reform and Oversight. Government Reform and Oversight. survivors; to the Committee on Government 7143. A letter from the Deputy Associate 7152. A letter from the Deputy Associate Reform and Oversight. Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- 7162. A letter from the Director, Office of eral Services Administration, transmitting eral Services Administration, transmitting Personnel Management, transmitting the Of- the Administration’s final rule—Federal Ac- the Administration’s final rule—Federal Ac- fice’s report on its health promotion and dis- quisition Regulation; Part 30 Deviations quisition Regulation; Novation and Related ease prevention activities for Federal civil- [FAC 97–03; FAR Case 97–014; Item I] (RIN: Agreements [FAC 97–03; FAR Case 95–034; ian employees, pursuant to Public Law 104– 9000–AH77) received December 3, 1997, pursu- Item XI] (RIN: 9000–AH18) received December 208; to the Committee on Government Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 3, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to form and Oversight. on Government Reform and Oversight. the Committee on Government Reform and 7163. A letter from the Chairman, Securi- 7144. A letter from the Deputy Associate Oversight. ties and Exchange Commission, transmitting Administrator for Acquisition Policy, Gen- 7153. A letter from the Deputy Associate the Commission’s Annual Performance Plan eral Services Administration, transmitting Administrator for Acquisition Policy, Gen- for fiscal year 1999, pursuant to Public Law the Administration’s final rule—Federal Ac- eral Services Administration, transmitting 103–62; to the Committee on Government Re- quisition Regulation; Information Tech- the Administration’s final rule—Federal Ac- form and Oversight. nology Management Reform Act of 1996 [FAC quisition Regulation; Commercial Bills of 7164. A letter from the Director, United 97–03; FAR Case 96–319; Item II] (RIN: 9000– Lading, Small Package Shipments [FAC 97– States Information Agency, transmitting a AH75) received December 3, 1997, pursuant to 03; FAR Case 97–017; Item XII] (RIN: 9000– report of activities under the Freedom of In- 5 U.S.C. 801(a)(1)(A); to the Committee on AH78) received December 3, 1997, pursuant to formation Act for 1997, pursuant to 5 U.S.C. Government Reform and Oversight. 5 U.S.C. 801(a)(1)(A); to the Committee on 552(d); to the Committee on Government Re- 7145. A letter from the Deputy Associate Government Reform and Oversight. form and Oversight. Administrator for Acquisition Policy, Gen- 7154. A letter from the Deputy Associate 7165. A letter from the Public Printer, Gov- eral Services Administration, transmitting Administrator for Acquisition Policy, Gen- ernment Printing Office, transmitting a copy the Administration’s final rule—Federal Ac- eral Services Administration, transmitting of the Biennial Report to Congress on the quisition Regulation; Final Overhead Settle- the Administration’s final rule—Federal Ac- Status of GPO Access, an online information ment [FAC 97–03; FAR Case 95–017; Item III] quisition Regulation; Standard Form 1406, service of the Government Printing Office, (RIN: 9000–AG87) received December 3, 1997, Preaward Survey of Prospective Contrac- pursuant to Public Law 103–40, section 3 (107 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tor—Quality Assurance [FAC 97–05; FAR Stat. 113); to the Committee on House Over- mittee on Government Reform and Over- Case 96–022; Item XIII] (RIN: 9000–AH74) re- sight. sight. ceived December 3, 1997, pursuant to 5 U.S.C. 7166. A letter from the Secretary of the In- 7146. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Govern- terior, transmitting a detailed boundary map Administrator for Acquisition Policy, Gen- ment Reform and Oversight. for the 76-mile segment of the Niobrara Na- eral Services Administration, transmitting 7155. A letter from the Deputy Associate tional Scenic River, pursuant to 16 U.S.C. the Administration’s final rule—Federal Ac- Administrator for Acquisition Policy, Gen- 1274; to the Committee on Resources. quisition Regulation; Reorganization of FAR eral Services Administration, transmitting 7167. A letter from the Deputy Associate Part 13, Simplified Acquisition Procedures the Administration’s final rule—Federal Ac- Director for Royalty Management, Depart- [FAC 97–03; FAR Case 94–772; Item IV] (RIN: quisition Regulation; Technical Amend- ment of the Interior, transmitting notifica- 9000–AH24) received December 3, 1997, pursu- ments [FAC 97–03; Item XIV] received De- tion of proposed refunds of excess royalty ant to 5 U.S.C. 801(a)(1)(A); to the Committee cember 3, 1997, pursuant to 5 U.S.C. payments in OCS areas, pursuant to 43 U.S.C. on Government Reform and Oversight. 801(a)(1)(A); to the Committee on Govern- 1339(b); to the Committee on Resources. 7147. A letter from the Deputy Associate ment Reform and Oversight. 7168. A letter from the Commissioner, Bu- Administrator for Acquisition Policy, Gen- 7156. A letter from the Deputy Associate reau of Reclamation, Department of the In- eral Services Administration, transmitting Administrator for Acquisition Policy, Gen- terior, transmitting the Department’s find- the Administration’s final rule—Federal Ac- eral Services Administration, transmitting ings and progress respecting the design, con- quisition Regulation; Reporting Trade Sanc- the Administration’s final rule—Federal Ac- struction and operation of the demonstra- tion Exemptions [FAC 97–03; FAR Case 97– quisition Regulation; Small Entity Compli- tion projects in Phase II of the groundwater 021; Item V] (RIN: 9000–AH80) received De- ance Guide [48 CFR Chapter 1] received De- recharge of aquifers in the High Plains cember 3, 1997, pursuant to 5 U.S.C. cember 3, 1997, pursuant to 5 U.S.C. States, pursuant to 43 U.S.C. 390g—2(c)(1); to 801(a)(1)(A); to the Committee on Govern- 801(a)(1)(A); to the Committee on Govern- the Committee on Resources. ment Reform and Oversight. ment Reform and Oversight. 7169. A letter from the Co-Chairs, Franklin 7148. A letter from the Deputy Associate 7157. A letter from the Deputy Associate Delano Roosevelt Memorial Commission, Administrator for Acquisition Policy, Gen- Administrator for Acquisition Policy, Gen- transmitting a report on the completion of eral Services Administration, transmitting eral Services Administration, transmitting the mission to plan, design and construct a the Administration’s final rule—Federal Ac- the Administration’s final rule—Federal Ac- permanent memorial, pursuant to the Act of quisition Regulation; Compensation of Cer- quisition Circular 97–03; Introduction [48 August 11, 1955, ch. 833, section 1 (69 Stat. tain Contractor Personnel [FAC 97–03; FAR CFR Chapter 1] received December 3, 1997, 694); to the Committee on Resources. Case 96–325; Item VIII] (RIN: 9000–AH50) re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7170. A letter from the Acting Director, In- ceived December 3, 1997, pursuant to 5 U.S.C. mittee on Government Reform and Over- dian Arts and Crafts Board, transmitting the 801(a)(1)(A); to the Committee on Govern- sight. Board’s final rule—Protection for Products ment Reform and Oversight. 7158. A letter from the Administrator, Gen- of Indian Art and Craftsmanship (RIN: 1090– 7149. A letter from the Deputy Associate eral Services Administration, transmitting a AA45) received January 12, 1998, pursuant to Administrator for Acquisition Policy, Gen- report on agency programs undertaken in 5 U.S.C. 801(a)(1)(A); to the Committee on eral Services Administration, transmitting support of Public Law 103–172, the Federal Resources. the Administration’s final rule—Federal Ac- Employees Clean Air Incentives Act; to the 7171. A letter from the Director, Office of quisition Regulation; Independent Research Committee on Government Reform and Sustainable Fisheries, National Oceanic and and Development/Bid and Proposal Costs for Oversight. Atmospheric Administration, transmitting Fiscal Year 1996 and Beyond [FAC 97–03; FAR 7159. A letter from the Executive Officer, the Administration’s final rule—Fisheries of Case 95–032; Item VIII] (RIN: 9000–AH37) re- National Science Board, transmitting the re- the Exclusive Economic Zone Off Alaska; ceived December 3, 1997, pursuant to 5 U.S.C. port in compliance with the Government in Pollock in Statistical Area 610 [Docket No. 801(a)(1)(A); to the Committee on Govern- the Sunshine Act for 1997, pursuant to 5 971208295–7295–01; I.D. 012398D] received Feb- ment Reform and Oversight. U.S.C. 552b(j); to the Committee on Govern- ruary 9, 1998, pursuant to 5 U.S.C. 7150. A letter from the Deputy Associate ment Reform and Oversight. 801(a)(1)(A); to the Committee on Resources. Administrator for Acquisition Policy, Gen- 7160. A letter from the Director, Office of 7172. A letter from the Deputy Assistant eral Services Administration, transmitting Personnel Management, transmitting the Of- Administrator for Fisheries, National Oce- the Administration’s final rule—Federal Ac- fice’s final rule—Political Activity: Federal anic and Atmospheric Administration, trans- quisition Regulation; Travel Reimbursement Employees Residing in Designated Localities mitting the Administration’s final rule— [FAC 97–03; FAR Case 97–007; Item IX] (RIN: (RIN: 3206–AF78) received January 29, 1998, Fisheries of the Exclusive Economic Zone 9000–AH76) received December 3, 1997, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Off Alaska; At-Sea Scales [Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Government Reform and Over- 960206024–8008–03; I.D. 043097A] (RIN: 0648– on Government Reform and Oversight. sight. AG32) received February 9, 1998, pursuant to 7151. A letter from the Deputy Associate 7161. A letter from the Director, Office of 5 U.S.C. 801(a)(1)(A); to the Committee on Administrator for Acquisition Policy, Gen- Personnel Management, transmitting a draft Resources. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H443 7173. A letter from the Director, Office of 5 U.S.C. 801(a)(1)(A); to the Committee on 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Surface Mining Reclamation and Enforce- Transportation and Infrastructure. Committee on Transportation and Infra- ment, transmitting the Office’s final rule— 7185. A letter from the General Counsel, structure. Virginia Abandoned Mine Land Reclamation Department of Transportation, transmitting 7195. A letter from the General Counsel, Plan [VA–111–FOR] received February 4, 1998, the Department’s final rule—Special Local Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Regulations; Hillsborough Bay, Tampa, Flor- the Department’s final rule—Amendment to mittee on Resources. ida [CGD 0798–002] (RIN: 2115–AE46) received Class D and Class E Airspace; Topeka, Philip 7174. A letter from the Chief Justice, Su- January 29, 1998, pursuant to 5 U.S.C. Billard Municipal Airport, KS (Federal Avia- preme Court of the United States, transmit- 801(a)(1)(A); to the Committee on Transpor- tion Administration) [Airspace Docket No. ting a copy of the Report of the Proceedings tation and Infrastructure. 97–ACE–36] received February 2, 1998, pursu- of the Judicial Conference of the United 7186. A letter from the General Counsel, ant to 5 U.S.C. 801(a)(1)(A); to the Committee States, held in Washington D.C., on Septem- Department of Transportation, transmitting on Transportation and Infrastructure. ber 23, 1997, pursuant to 28 U.S.C. 331; to the the Department’s final rule—Airworthiness 7196. A letter from the General Counsel, Committee on the Judiciary. Directives; Cessna Aircraft Company Model Department of Transportation, transmitting 7175. A letter from the Assistant Secretary 182S Airplanes (Federal Aviation Adminis- the Department’s final rule—Airworthiness and Commissioner of Patents and Trade- tration) [Docket No. 97–CE–151–AD; Amdt. Directives; Hartzell Propeller Inc. Model HC- marks, Department of Commerce, transmit- 39–10292; AD 98–01–14] (RIN: 2120–AA64) re- E4A–3(A,I) Propellers (Federal Aviation Ad- ting the Department’s final rule—Changes to ceived January 29, 1998, pursuant to 5 U.S.C. ministration) [Docket No. 97–ANE–35–AD; Continued Prosecution Application Practice 801(a)(1)(A); to the Committee on Transpor- Amendment 39–10289; AD 98–02–07] (RIN: 2120– [Docket No. 980108007–8007–01] (RIN: 0651– tation and Infrastructure. AA64) received February 2, 1998, pursuant to AA97) received January 30, 1998, pursuant to 7187. A letter from the General Counsel, 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on the Department of Transportation, transmitting Transportation and Infrastructure. Judiciary. the Department’s final rule—Airworthiness 7197. A letter from the General Counsel, 7176. A letter from the Attorney General, Directives; Dassault Model Mystere Flacon Department of Transportation, transmitting Department of Justice, transmitting a report 200 Series Airplanes (Federal Aviation Ad- the Department’s final rule—Airworthiness regarding grants awarded by the Department ministration) [Docket No. 97–NM–189–AD; Directives; CFM International CFM56–2, -3, of Justice’s Office of Community Oriented Amdt. 39–10293; AD 98–03–01] (RIN: 2120–AA64) -3B, -3C, and -5 Series Turbofan Engines Policing Services under the COPS MORE received January 29, 1998, pursuant to 5 (Federal Aviation Administration) [Docket program, pursuant to 42 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on No. 89–ANE–05; Amdt. 39–10290; AD 89–23–06 3796dd(b)(2)(B); to the Committee on the Ju- Transportation and Infrastructure. R1] (RIN: 2120–AA64) received February 2, diciary. 7188. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7177. A letter from the Director, Federal Department of Transportation, transmitting Committee on Transportation and Infra- Bureau of Prisons, transmitting the Bureau’s the Department’s final rule—Modification of structure. final rule—Editorial Amendments [BOP– the Houston Class B Airspace Area; TX (Fed- 7198. A letter from the General Counsel, 1074–F] (RIN: 1120–AA70) received January 29, eral Aviation Administration) [Airspace Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Docket No. 95–AWA–1] (RIN: 2120–AA66) re- the Department’s final rule—Amendment to Committee on the Judiciary. ceived January 29, 1998, pursuant to 5 U.S.C. Class E Airspace; Sommerset, PA (Federal 7178. A letter from the Director, Federal 801(a)(1)(A); to the Committee on Transpor- Aviation Administration) [Airspace Docket Bureau of Prisons, transmitting the Bureau’s tation and Infrastructure. No. 97–AEA–43] received February 2, 1998, final rule—Fines and Costs for ‘‘Old Law’’ In- 7189. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mates [BOP–1033–F] (RIN: 1120–AA29) re- Department of Transportation, transmitting mittee on Transportation and Infrastruc- ceived January 28, 1998, pursuant to 5 U.S.C. the Department’s final rule—Modification of ture. 801(a)(1)(A); to the Committee on the Judici- Class E Airspace; Tracy, CA (Federal Avia- 7199. A letter from the General Counsel, ary. tion Administration) [Airspace Docket No. Department of Transportation, transmitting 7179. A letter from the Commissioner, Im- 97–AWP–10] received February 2, 1998, pursu- the Department’s final rule—Amendment to migration and Naturalization Service, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Class E Airspace; Pineville, WV (Federal mitting the Service’s final rule—Temporary on Transportation and Infrastructure. Aviation Administration) [Airspace Docket Entry of Business Persons Under the North 7190. A letter from the General Counsel, No. 97–AEA–27] received February 2, 1998, American Free Trade Agreement [INS No. Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1611–93] (RIN: 1115–AB72) received January 15, the Department’s final rule—Amendment of mittee on Transportation and Infrastruc- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Sheridan, WY (Federal ture. Committee on the Judiciary. Aviation Administration) [Airspace Docket 7200. A letter from the General Counsel, 7180. A letter from the Director, Office of No. 97–ANM–18] received February 2, 1998, Department of Transportation, transmitting Personnel Management, transmitting the Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Amendment to fice’s final rule—Agency Relationships with mittee on Transportation and Infrastruc- Class E Airspace; Wellsboro, PA (Federal Organizations Representing Federal Employ- ture. Aviation Administration) [Airspace Docket ees and Other Organizations (RIN: 3206–AH72) 7191. A letter from the General Counsel, No. 97–AEA–26] received February 2, 1998, received January 13, 1998, pursuant to 5 Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on the the Department’s final rule—Amendment of mittee on Transportation and Infrastruc- Judiciary. Class E Airspace; Powell, WY (Federal Avia- ture. 7181. A letter from the Chairperson, United tion Administration) [Airspace Docket No. 7201. A letter from the General Counsel, States Commission on Civil Rights, trans- 97–ANM–12] received February 2, 1998, pursu- Department of Transportation, transmitting mitting the Commission’s report entitled ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Amendment to ‘‘Equal Educational Opportunity and Non- on Transportation and Infrastructure. Class E Airspace; Allentown, PA (Federal discrimination for Students with Limited 7192. A letter from the General Counsel, Aviation Administration) [Airspace Docket English Proficiency: Federal Enforcement of Department of Transportation, transmitting No. 97–AEA–42] received February 2, 1998, Title VI and Lau v. Nichols,’’ pursuant to 42 the Department’s final rule—Revocation, Es- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 1975; to the Committee on the Judici- tablishment, and Modification of Class E mittee on Transportation and Infrastruc- ary. Airspace Areas; Cedar Rapids, IA (Federal ture. 7182. A letter from the Clerk, United States Aviation Administration) [Airspace Docket 7202. A letter from the General Counsel, Court of Appeals for the D.C. Circuit, trans- No. 97–ACE–34] received February 2, 1998, Department of Transportation, transmitting mitting two opinions of the United States pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Amendment to Court of Appeals for the District of Columbia mittee on Transportation and Infrastruc- Class E Airspace; York, PA (Federal Avia- Circuit; to the Committee on the Judiciary. ture. tion Administration) [Airspace Docket No. 7183. A letter from the General Counsel, 7193. A letter from the General Counsel, 97–AEA–41] received February 2, 1998, pursu- Department of Transportation, transmitting Department of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Inland Naviga- the Department’s final rule—Amendment to on Transportation and Infrastructure. tion Rules; Lighting Provisions [CGD 94–011] Class E Airspace; Iola, KS (Federal Aviation 7203. A letter from the General Counsel, (RIN: 2115–AE71) received January 29, 1998, Administration) [Airspace Docket No. 97– Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ACE–37] received February 2, 1998, pursuant the Department’s final rule—Amendment to mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on Class E Airspace; Lewisburg, WV (Federal ture. Transportation and Infrastructure. Aviation Administration) [Airspace Docket 7184. A letter from the General Counsel, 7194. A letter from the General Counsel, No. 97–AEA–40] received February 2, 1998, Department of Transportation, transmitting Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule—Advance Notice the Department’s final rule—Amendment to mittee on Transportation and Infrastruc- of Arrival: Vessels bound for ports and places Class D and Class E Airspace; Salina, KS ture. in the United States [CGD 97–067] (RIN: 2115– (Federal Aviation Administration) [Airspace 7204. A letter from the General Counsel, AF54) received January 29, 1998, pursuant to Docket No. 97–ACE–35] received February 2, Department of Transportation, transmitting H444 CONGRESSIONAL RECORD — HOUSE February 11, 1998 the Department’s final rule—Amendment to 801(a)(1)(A); to the Committee on Ways and transmitting a report on development assist- Class E Airspace; Syracuse, NY (Federal Means. ance program allocations for FY 1998, pursu- Aviation Administration) [Airspace Docket 7215. A letter from the Chief, Regulations ant to 22 U.S.C. 2413(a); jointly to the Com- No. 97–AEA–39] received February 2, 1998, Unit, Internal Revenue Service, transmitting mittees on International Relations and Ap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Service’s final rule—Action on decision propriations. mittee on Transportation and Infrastruc- in John D. and Karen Beatty v. Commissioner 7227. A letter from the Acting Comptroller ture. [T.C. Dkt. No. 8273–94] received January 30, General, General Accounting Office, trans- 7205. A letter from the General Counsel, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the report on General Accounting Department of Transportation, transmitting Committee on Ways and Means. Office employees detailed to congressional the Department’s final rule—Establishment 7216. A letter from the Chief, Regulations committees as of January 16, 1998, pursuant of Class E Airspace; Ticonderoga, NY (Fed- Unit, Internal Revenue Service, transmitting to Public Law 101–520; jointly to the Com- eral Aviation Administration) [Airspace the Service’s final rule—Modifications of mittees on Government Reform and Over- Docket No. 97–AEA–37] received February 2, Bad Debts and Dealer Assignments of No- sight and Appropriations. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional Principal Contracts [TD 8763] (RIN: 7228. A letter from the Executive Director, Committee on Transportation and Infra- 1545–AU06) received January 28, 1998, pursu- Office of Compliance, transmitting the an- structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee nual report on the use of the Office of Com- 7206. A letter from the General Counsel, on Ways and Means. pliance by covered employees, pursuant to Department of Transportation, transmitting 7217. A letter from the Chief, Regulations section 301(h) of the Congressional Account- the Department’s final rule—Establishment Unit, Internal Revenue Service, transmitting ability Act; jointly to the Committees on of Class E Airspace; Towanda, PA (Federal the Service’s final rule—Tax forms and in- House Oversight and Education and the Aviation Administration) [Airspace Docket structions [Rev. Proc. 98–20] received Feb- Workforce. No. 97–AEA–36] received February 2, 1998, ruary 4, 1998, pursuant to 5 U.S.C. 7229. A letter from the Director, Office of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Ways and Insular Affairs, Department of the Interior, mittee on Transportation and Infrastruc- Means. transmitting a report entitled ‘‘Impact of 7218. A letter from the Chief, Regulations ture. the Compacts of Free Association on the Unit, Internal Revenue Service, transmitting 7207. A letter from the General Counsel, United States Territories and Common- the Service’s final rule—Low-Income Hous- Department of Transportation, transmitting wealths and on the State of Hawaii,’’ pursu- ing Tax Credit—1998 Calendar Year Resident the Department’s final rule—Establishment ant to 48 U.S.C. 1681 nt.; jointly to the Com- Population Estimates [Notice 98–13] received of Class E Airspace; Churchville, MD (Fed- mittees on Resources and International Re- February 9, 1998, pursuant to 5 U.S.C. eral Aviation Administration) [Airspace lations. 801(a)(1)(A); to the Committee on Ways and Docket No. 97–AEA–35] received February 2, 7230. A letter from the Board Members, Means. Railroad Retirement Board, transmitting a 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7219. A letter from the Director, Congres- draft of proposed legislation to amend the Committee on Transportation and Infra- sional Budget Office, transmitting the CBO structure. Sequestration Preview Report for Fiscal Railroad Retirement Act to make permanent 7208. A letter from the General Counsel, Year 1999, pursuant to 2 U.S.C. 904(b); jointly the exemption of the Railroad Retirement Department of Transportation, transmitting to the Committees on Appropriations and Board trust funds from the payment to the the Department’s final rule—Airworthiness the Budget. General Services Administration of charges Directives; Airbus Model A330 and A340 Se- 7220. A letter from the Secretary of De- for rental of property occupied by the Board ries Airplanes (Federal Aviation Administra- fense, transmitting a report on several ini- in excess of the actual cost of providing such tion) [Docket No. 97–NM–293–AD; Amdt. 39– tiatives for Gulf War veterans, pursuant to property; jointly to the Committees on 10295; AD 98–03–03] (RIN: 2120–AA64) received Public Law 103–337, section 721(h); jointly to Transportation and Infrastructure and Gov- February 2, 1998, pursuant to 5 U.S.C. the Committees on National Security and ernment Reform and Oversight. 801(a)(1)(A); to the Committee on Transpor- Veterans’ Affairs. 7231. A letter from the Commissioner, So- tation and Infrastructure. 7221. A letter from the Director, Congres- cial Security Administration, transmitting 7209. A letter from the General Counsel, sional Budget Office, transmitting the report the Social Security Administration’s Ac- Department of Transportation, transmitting on ‘‘Unauthorized Appropriations and Expir- countability Report for Fiscal Year 1997, pur- the Department’s final rule—Excess Flow ing Authorizations’’ by the Congressional suant to 42 U.S.C. 904; jointly to the Commit- Valve—Customer Notification [Docket PS– Budget Office as of January 15, 1998, pursu- tees on Ways and Means and the Judiciary. 118A; Amdt. 192–82] (RIN: 2137–AC55) received ant to 2 U.S.C. 602(f)(3); jointly to the Com- 7232. A letter from the Secretary of Health February 2, 1998, pursuant to 5 U.S.C. mittees on the Budget and Appropriations. and Human Services, transmitting the De- 801(a)(1)(A); to the Committee on Transpor- 7222. A letter from the Acting Director of partment’s final rule—Medicare and Medic- tation and Infrastructure. Communications and Legislative Affairs, aid Programs; Surety Bond and Capitaliza- 7210. A letter from the Administrator, En- Equal Employment Opportunity Commis- tion Requirements for Home Health Agencies vironmental Protection Agency, transmit- sion, transmitting a copy of the Commis- [HCFA–1152–FC] (RIN: 0938–AI31) received De- ting the report entitled ‘‘Incidence and Se- sion’s report entitled ‘‘Federal Sector Report cember 31, 1997, pursuant to 5 U.S.C. verity of Sediment Contamination in Sur- on EEO Complaints and Appeals, FY 1996,’’ 801(a)(1)(A); jointly to the Committees on face Waters of the United States,’’ pursuant pursuant to 42 U.S.C. 2000e–4(e); jointly to Ways and Means and Commerce. to Public Law 102–580, section 503(a)(2), (b)(2) the Committees on Education and the Work- 7233. A letter from the Secretary of Health (106 Stat. 4866); to the Committee on Trans- force and Government Reform and Oversight. and Human Services, transmitting the report portation and Infrastructure. 7223. A letter from the Attorney General on Medicare reimbursement of telemedicine 7211. A letter from the Secretary of Trans- and Secretary of Health and Human Serv- services, pursuant to Public Law 104–191, sec- portation, transmitting the report on the po- ices, transmitting the annual report on the tion 192 (110 Stat. 1988); jointly to the Com- tential for use of land options in federally deposits to the Medicare Trust Fund and the mittees on Ways and Means and Commerce. funded airport projects, pursuant to Public appropriations to the Health Care Fraud and 7234. A letter from the Secretary of Health Law 102–581, section 127; to the Committee Abuse Control Program for the Fiscal Year and Human Services, transmitting the De- on Transportation and Infrastructure. 1997, pursuant to 42 U.S.C. 1395i; jointly to partment’s final rule—Medicare Program; 7212. A letter from the Administrator, Na- the Committees on Commerce and Ways and Physicians’ Referrals; Issuance of Advisory tional Aeronautics and Space Administra- Means. Opinions [HCFA–1902–IFC] (RIN: 0938–AI38) tion, transmitting the Administration’s final 7224. A letter from the Secretary of En- received January 13, 1998, pursuant to 5 rule—Miscellaneous Revisions to the NASA ergy, transmitting the Department’s tenth U.S.C. 801(a)(1)(A); jointly to the Committees FAR Supplement Coverage on Contract Ad- Annual Report to Congress summarizing the on Ways and Means and Commerce. ministration [CFR Part 1842] received Janu- Department’s progress during fiscal year 1996 7235. A letter from the Secretary of Health ary 23, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); in implementing the requirements of the and Human Services, transmitting the De- to the Committee on Science. Comprehensive Environmental Response, partment’s ‘‘Major’’ final rule—Medicare 7213. A letter from the Attorney-Advisor, Compensation, and Liability Act, pursuant Program; Limit on the Valuation of a Depre- Federal Register Certifying Officer, Depart- to Public Law 99–499, section 120(e)(5) (100 ciable Asset Recognized as an Allowance for ment of the Treasury, transmitting the De- Stat. 1669); jointly to the Committees on Depreciation and Interest on Capital Indebt- partment’s final rule—Payment of Federal Commerce and Transportation and Infra- edness After a Change of Ownership [HCFA– Taxes and the Treasury Tax and Loan Pro- structure. 1004–FC] (RIN: 0938–AI34) received January gram (RIN: 1510–AA37) received January 28, 7225. A letter from the Chairman, United 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the States National Tourism Organization jointly to the Committees on Ways and Committee on Ways and Means. Board, transmitting the report of the Na- Means and Commerce. 7214. A letter from the Assistant Secretary tional Tourism Organization Board, pursu- 7236. A letter from the Secretary of Health for Employment and Training, Department ant to 22 U.S.C. 2141b; jointly to the Commit- and Human Services, transmitting a report of Labor, transmitting the Department’s tees on Commerce and International Rela- regarding Medicare SELECT supplemental final rule—Unemployment Insurance Pro- tions. policies, pursuant to Public Law 104–18; gram Letter [Nos. 08–98 and 09–98] received 7226. A letter from the Administrator, jointly to the Committees on Ways and February 2, 1998, pursuant to 5 U.S.C. Agency for International Development, Means and Commerce. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H445 REPORTS OF COMMITTEES ON H.R. 3181. A bill to provide for reviews of H.R. 3189. A bill to amend the General Edu- PUBLIC BILLS AND RESOLUTIONS criminal records of applicants for participa- cation Provisions Act to allow parents ac- tion in shared housing arrangements, and for cess to certain information; to the Commit- Under clause 2 of rule XIII, reports of other purposes; to the Committee on the Ju- tee on Education and the Workforce. committees were delivered to the Clerk diciary. By Mr. WEYGAND: for printing and reference to the proper By Mr. MANZULLO: H.R. 3190. A bill to suspend until December calendar, as follows: H.R. 3182. A bill to limit the authority of 31, 2002, the duty on Benzoic acid, 2-[[1-[[(2,3- Mr. THOMAS: Committee on House Over- Federal courts to fashion remedies that re- dihydro-2-oxo-1H-benzimidazol-5-yl) amino]; sight. House Resolution 355. Resolution dis- quire local jurisdictions to assess, levy, or to the Committee on Ways and Means. missing the election contest against Loretta collect taxes or to implement spending By Mr. WEYGAND: measures, and for other purposes; to the Sanchez (Rept. 105–416). Referred to the H.R. 3191. A bill to suspend until December House Calendar. Committee on the Judiciary. By Mr. MANZULLO: 31, 2002, the duty on 4-[[5-[[[4- f H.R. 3183. A bill to impose certain condi- (Aminocarbonyl) phenyl] amino] carbonyl]-2- methoxyphenyl]azo]-N-(5-chloro-2,4- PUBLIC BILLS AND RESOLUTIONS tions with respect to the appointment of masters in Federal actions; to the Commit- dimethoxyphen yl)-3-hydroxynaphthalene-2- Under clause 5 of Rule X and clause 4 tee on the Judiciary. carboxamide; to the Committee on Ways and of Rule XXII, public bills and resolu- By Mr. RIGGS: Means. tions were introduced and severally re- H.R. 3184. A bill to clarify any doubts as to By Mr. WEYGAND: ferred, as follows: the application of Federal controlled sub- H.R. 3192. A bill to suspend until December stances laws in States where State law au- 31, 2002, the duty on Benzenesulfonic acid, 4- By Mr. THORNBERRY: thorizes the medical use of marijuana or [[3-[[2-hydroxy-3-[[4-methoxyphenyl) H.R. 3175. A bill to amend the Internal Rev- other drugs; to the Committee on the Judici- amino]carbonyl]-1-naphtha-lenyl]azo]-4- enue Code of 1986 to reduce individual in- ary, and in addition to the Committee on methylbenzoyl]amino]- calcium salt (2:1); to come taxes by increasing the amount of tax- Commerce, for a period to be subsequently the Committee on Ways and Means. able income which is taxed at the lowest in- determined by the Speaker, in each case for come tax rate; to the Committee on Ways By Mr. WEYGAND: consideration of such provisions as fall with- H.R. 3193. A bill to suspend until December and Means. in the jurisdiction of the committee con- By Mr. FRANKS of New Jersey (for 31, 2002, the duty on N-(2,3-Dihydro-2-oxo-1H- cerned. benzimidazol-5-yl)-5-methyl-4- himself and Mr. RYUN): By Mr. RILEY (for himself, Mr. BACH- H.R. 3176. A bill to amend the Internal Rev- [(methylamino) US, Mr. DELAY, Mr. PICKERING, Mr. enue Code of 1986 to allow all taxpayers who sulphonyl]phenyl]azo]naphthalene-2- REDMOND, Mr. ADERHOLT, Mr. CAL- maintain households with dependents a cred- carboxaminde; to the Committee on Ways VERT, Mr. KING of New York, Mr. it for dependents; to the Committee on Ways and Means. SMITH of New Jersey, Mr. FRANKS of and Means. By Mr. WEYGAND: New Jersey, Mr. WATTS of Oklahoma, By Mr. FRANKS of New Jersey: H.R. 3194. A bill to suspend until December Ms. RIVERS, Mr. LARGENT, Mr. H.R. 3177. A bill to require the installation 31, 2002, the duty on N-[4- COOKSEY, Mr. GRAHAM, Mr. OXLEY, of a system for filtering or blocking matter (aminocarbonyl)phenyl]-4-[[1-[[(2,3-dihydro-2- Mrs. ROUKEMA, Mr. SANDLIN, Mr. on the Internet on computers in schools and oxo-1H- benzimidazol-5-yl)amino] carbonyl]- FOLEY, Mrs. KELLY, Mr. BURR of libraries with Internet access, and for other 2-oxopropyl]azo] benzamide; to the Commit- North Carolina, and Mr. SOLOMON): purposes; to the Committee on Commerce. tee on Ways and Means. H.R. 3185. A bill to amend title 18, United By Mr. GUTIERREZ: States Code, to make illegal all private pos- By Mr. WEYGAND: H.R. 3178. A bill to amend the Internal Rev- session of child pornography; to the Commit- H.R. 3195. A bill to suspend until December enue Code of 1986 to encourage the use of tee on the Judiciary. 31, 2002, the duty on Butanamide, 2,2’-[3,3’- public transportation systems by allowing By Mr. SMITH of Oregon: dichloro[1,1’-biphenyl]-4,4’- individuals a credit against income tax for H.R. 3186. A bill to provide for the transfer diyl)bis(azo)]bis[N- (2,3-dihydro-2-oxo-1H- expenses paid to commute to and from work of administrative jurisdiction over certain benzimidazol-5-yl)-3-oxo; to the Committee or school using public transportation, and to public lands in the State of Oregon located on Ways and Means. reduce corporate welfare; to the Committee within or adjacent to the Rogue River Na- By Mr. WEYGAND: on Ways and Means, and in addition to the tional Forest; to the Committee on Re- H.R. 3196. A bill to suspend until December Committee on National Security, for a pe- sources. 31, 2002, the duty on Butanamide, N,N’- riod to be subsequently determined by the By Mr. SMITH of Oregon: (3,3’dimethyl[1,1’-biphenyl]-4,4’-diyl)bis[2- Speaker, in each case for consideration of H.R. 3187. A bill to amend the Federal Land [2,4-dichl orophenyl)azo]-3-oxo-; to the Com- such provisions as fall within the jurisdic- Policy and Management Act of 1976 to ex- mittee on Ways and Means. tion of the committee concerned. empt not-for-profit entities that hold rights- By Mr. WEYGAND: By Mr. MANTON (for himself, Mr. of-way on public lands from certain strict li- H.R. 3197. A bill to suspend until December SCHUMER, Mrs. MALONEY of New ability requirements imposed in connection 31, 2002, the duty on Benzoic acid, 2-[[3-[[(2,3- York, Mrs. LOWEY, Mr. ACKERMAN, with such rights-of-way; to the Committee dihydro-2-oxo-1H–1H-benzimidazol-5- and Ms. VELAZQUEZ): on Resources. yl)amino]car onyl]-2-hydroxy-1- H.R. 3179. A bill to require that an environ- By Mr. SOLOMON: naphthalenyl]azo]-, butylester; to the Com- mental impact statement be prepared evalu- H.R. 3188. A bill to prohibit the construc- mittee on Ways and Means. ating the impact of slot exemptions for oper- tion of any monument, memorial, or other By Mr. WEYGAND: ation of new air service at LaGuardia Air- structure at the site of the Iwo Jima Memo- port; to the Committee on Resources, and in rial in Arlington, Virginia, and for other pur- H.R. 3198. A bill to suspend until December addition to the Committee on Transpor- poses; to the Committee on Resources. 31, 2002, the duty on Butanamide, N-(2,3- tation and Infrastructure, for a period to be By Mr. TIAHRT (for himself, Mr. dihydro-2-oxo-1H-benzimidazol-5-yl)-3-oxo-2- subsequently determined by the Speaker, in LARGENT, Mr. SOLOMON, Mr. RYUN, [[2-(trif luoro-methyl)phenyl]azo]-; to the each case for consideration of such provi- Mr. WICKER, Mr. COBURN, Mr. Committee on Ways and Means. sions as fall within the jurisdiction of the GRAHAM, Mr. SOUDER, Mr. HILLEARY, By Mr. WEYGAND: committee concerned. Mr. TALENT, Mr. BARCIA of Michigan, H.R. 3199. A bill to suspend until December By Mr. DOOLEY of California (for him- Mr. LIPINSKI, Mr. HULSHOF, Mr. 31, 2002, the duty on Benzoic acid, 4-[[(2,5- self, Mrs. TAUSCHER, Mr. SAXTON, Mr. MCINTOSH, Mrs. MYRICK, Mr. PETER- dichlorophenyl)amino]carbonyl]-2-[[2-hy- BOYD, Mrs. THURMAN, Ms. STABENOW, SON of Pennsylvania, Mr. NORWOOD, droxy-3-[[(2- Mr. GILCHREST, Mrs. JOHNSON of Con- Mr. GUTKNECHT, Mr. ENSIGN, Mr. CAL- methoxyphenyl)amino]carbonyl]-1- necticut, and Mr. DAVIS of Florida): VERT, Mr. STEARNS, Mr. ENGLISH of naphthalenyl]-, methyl ester; to the Com- H.R. 3180. A bill to provide for innovative Pennsylvania, Mr. WATTS of Okla- mittee on Ways and Means. strategies for achieving superior environ- homa, Mr. REDMOND, Mr. PAPPAS, Mr. By Mr. WEYGAND: mental performance, and for other purposes; BLUNT, Mr. SESSIONS, Mr. HUTCH- H.R. 3200. A bill to suspend until December to the Committee on Commerce, and in addi- INSON, Mr. FORBES, Mrs. EMERSON, 31, 2002, the duty on 1,4–Benzenedicarboxylic tion to the Committee on Transportation Mrs. CHENOWETH, Mr. ARMEY, Mr. acid, 2-[[1-[[(2,3-di-hydro-2-oxo-1H- and Infrastructure, for a period to be subse- ISTOOK, Mr. LEWIS of Kentucky, Mr. benzimidazol-5-yl)amino carbonyl]-2- quently determined by the Speaker, in each HOEKSTRA, Mr. CRAPO, Mr. oxopropyl]azo]-, dimethyl ester; to the Com- case for consideration of such provisions as HOSTETTLER, Mr. BURTON of Indiana, mittee on Ways and Means. fall within the jurisdiction of the committee Mr. TAYLOR of North Carolina, Mr. By Mr. WEYGAND: concerned. MCINNIS, Mr. BARTLETT of Maryland, H.R. 3201. A bill to suspend until December By Ms. SANCHEZ (for herself, Mr. Mr. GOODE, Mr. PITTS, Mr. WAMP, Mr. 31, 2002, the duty on Butanamide, 2,2’-[1–2,- MARTINEZ, Mr. TORRES, Mr. FROST, SHADEGG, Mr. ADERHOLT, Mr. DICKEY, ethanediylbis(oxy-2,1-phenyleneazo)]bis[N- Mr. LIPINSKI, Mr. PALLONE, and Mrs. Mr. DELAY, and Mr. INGLIS of South (2,3-di hydro-2-oxo-1H-benzimidazol-5-yl)-3- MALONEY of New York): Carolina): oxo-; to the Committee on Ways and Means. H446 CONGRESSIONAL RECORD — HOUSE February 11, 1998

By Mr. WEYGAND: York, Mr. DOOLITTLE, Mr. BURTON of upheld in the process; to the Committee on H.R. 3202. A bill to suspend until December Indiana, Mr. ISTOOK, Mr. GILMAN, Mr. Commerce. 31, 2002, the duty on Benzenesulfonic acid, 4- MCINTOSH, Mr. SPENCE, Mr. SOLOMON, 243. Also, a memorial of the House of Rep- chloro-2-[[5-hydroxy-3-methyl-1-(3- and Mr. STUMP): resentatives of the State of Oregon, relative sulfophenyl)-1H-pyrazol -4-yl]azo]-5-methyl- H. Res. 356. A resolution recognizing, and to House Concurrent Resolution 25 urging ,calcium salt (1:1); to the Committee on calling on all Americans to recognize, the the 105th Congress of the United States to Ways and Means. courage and sacrifice of the members of the acknowledge the Federal Government’s part- By Mr. HUTCHINSON (for himself, Mr. Armed Forces held as prisoners of war during nership with Oregon’s counties and commu- BLUNT, Mr. BARTON of Texas, Mr. the Vietnam conflict and stating that the nities, especially where it owns significant SESSIONS, Mr. STUMP, Mr. DICKEY, House of Representatives will not forget that tracts of land; to the Committee on Re- Mr. BONILLA, and Mr. SOLOMON): more than 2,000 members of the United sources. H.J. Res. 109. A joint resolution relating to States Armed Forces remain unaccounted 244. Also, a memorial of the General As- the expenditure of funds by the Federal Gov- for from the Vietnam conflict and will con- sembly of the State of New Jersey, relative ernment under National or State tobacco in- tinue to press for a final accounting for all to Assembly Resolution No. 177 memorializ- dustry settlements; to the Committee on such servicemembers whose fate is unknown; ing the Congress and President of the United Ways and Means, and in addition to the Com- to the Committee on National Security. States to enact the federal ‘‘Telemarketing mittee on the Budget, for a period to be sub- By Mr. FORBES (for himself and Mr. Fraud Prevention Act of 1997’’; to the Com- sequently determined by the Speaker, in ACKERMAN): mittee on the Judiciary. each case for consideration of such provi- H. Res. 357. A resolution waiving clause 245. Also, a memorial of the House of Rep- sions as fall within the jurisdiction of the 2(b) of rule XXII to permit introduction and resentatives of the State of Oregon, relative committee concerned. consideration of a joint resolution to des- to House Concurrent Resolution 6 urging the By Mr. MANZULLO: ignate November of each year as National 105th Congress of the United States to H.J. Res. 110. A joint resolution proposing Child Cancer Awareness Month; to the Com- promptly propose an amendment to the an amendment to the Constitution of the mittee on Rules. United States Constitution specifying that UnitedStates prohibiting courts from levy- By Mrs. LOWEY (for herself, Ms. Congress and the several states shall have ing or increasing taxes; to the Committee on PELOSI, Ms. BROWN of Florida, Ms. the power to prohibit the physical desecra- the Judiciary. SANCHEZ, Mrs. MORELLA, Ms. tion of the flag of the United States of Amer- By Mr. PAUL: H. Con. Res. 211. Concurrent resolution op- DELAURO, Mr. BOUCHER, Ms. NORTON, ica; to the Committee on the Judiciary. posing increased Federal income taxes on Ms. DEGETTE, Mr. DEFAZIO, Mr. 246. Also, a memorial of the House of Rep- variable annuities and other variable con- MENENDEZ, Mr. ADAM SMITH of Wash- resentatives of the State of Oregon, relative tracts; to the Committee on Ways and ington, Mr. HINCHEY, Mr. WAXMAN, to House Concurrent Resolution 24 urging Means. Mr. MCDERMOTT, Mrs. MALONEY of the 105th Congress of the United States to By Mr. CHRISTENSEN: New York, Mr. NADLER, Mr. BROWN of expeditiously pass an amendment to the H. Con. Res. 212. Concurrent resolution ex- California, Mr. HILLIARD, Mr. Constitution of the United States requiring pressing the sense of the Congress relating to BALDACCI, Mr. GEJDENSON, Mr. FARR in the absence of a national emergency that the European Union’s ban of United States of California, Mr. BARRETT of Wiscon- the total of all federal appropriations made beef and the World Trade Organization’s rul- sin, Mr. FORD, Mr. THOMPSON, Mr. by the Congress for any fiscal year may not ing concerning that ban; to the Committee DOGGETT, Ms. WOOLSEY, Mr. HOYER, exceed the total of all estimated federal rev- on Ways and Means. Mr. ABERCROMBIE, Mr. SCHUMER, Mr. enues for the fiscal year; to the Committee By Mr. EWING: ACKERMAN, Mr. ALLEN, Mrs. MCCAR- on the Judiciary. H. Con. Res. 213. Concurrent resolution ex- THY of New York, Ms. SLAUGHTER, 247. Also, a memorial of the General As- pressing the sense of the Congress that the Mr. MORAN of Virginia, Mr. MEEHAN, sembly of the State of New Jersey, relative European Union is unfairly restricting the Mr. DELAHUNT, Mr. PASTOR, Mr. to Assembly Resolution No. 169 memorializ- importation of United States agriculture DEUTSCH, Ms. KILPATRICK, Mr. RAN- ing the Congress of the United States to ap- products and the elimination of such restric- GEL, Mr. GREEN, Mr. PRICE of North prove a project request, as part of the reau- tions should be a top priority in trade nego- Carolina, Mr. CLAY, Ms. FURSE, Mr. thorization of the federal Intermodal Surface tiations with the European Union; to the STARK, Mr. SANDERS, Ms. LOFGREN, Transportation Efficiency Act of 1991, to sup- Committee on Ways and Means. and Mrs. KELLY): port the efforts to enhance trans-harbor rail- By Mr. JENKINS (for himself and Mr. H. Res. 358. A resolution expressing the freight float-barging operations throughout BOUCHER): sense of the House of Representatives with the Port of New York and New Jersey; to the H. Con. Res. 214. Concurrent resolution rec- respect to the protection of reproductive Committee on Transportation and Infra- ognizing the contributions of the cities of health services clinics; to the Committee on structure. Bristol, Tennessee, and Bristol, Virginia, and the Judiciary. 248. Also, a memorial of the House of Rep- their people to the origins and development By Ms. SLAUGHTER (for herself, Mr. resentatives of the State of Oregon, relative of Country Music, and for other purposes; to RANGEL, Mr. THOMAS, Mr. CARDIN, to House Concurrent Resolution 1 urging the the Committee on Education and the Work- Mr. HASTINGS of Florida, Mr. SISISKY, President and the 105th Congress of the force. Mr. BERRY, Mrs. CLAYTON, Mr. United States to continue a federally admin- By Mr. PAYNE (for himself and Mr. FALEOMAVAEGA, Mr. FILNER, Mr. istered, nationally uniform funding system BISHOP): FROST, Mr. HILLIARD, Ms. KIL- for complete federal responsibility and fund- H. Con. Res. 215. Concurrent resolution PATRICK, Mrs. MALONEY of New York, ing for maintenance dredging on federally congratulating the people of the Co-opera- Ms. MILLENDER-MCDONALD, Mrs. authorized navigation projects in Oregon; to tive Republic of Guyana for holding MINK of Hawaii, Mrs. MORELLA, Mr. the Committee on Transportation and Infra- muliparty elections; to the Committee on SANDLIN, Mr. SCHUMER, and Mr. structure. International Relations. SERRANO): 249. Also, a memorial of the House of Rep- By Mr. SHAW (for himself, Mr. H. Res. 359. A resolution expressing the resentatives of the State of Oregon, relative LAHOOD, and Mr. BACHUS): sense of the House of Representatives that to House Concurrent Resolution 26 urging H. Con. Res. 216. Concurrent resolution ex- the Secretary of Health and Human Services the 105th Congress of the United States to pressing the sense of Congress regarding the should carry out a national public awareness continue to fund the triweekly Amtrak Pio- use of future budget surpluses; to the Com- campaign to educate American men and neer passenger railroad service between mittee on Ways and Means. women with respect to colorectal cancer; to Portland, Oregon, and Boise, Idaho; to the By Mr. TAUZIN (for himself, Mr. BOU- the Committee on Commerce. Committee on Transportation and Infra- CHER, Mr. LIVINGSTON, Mr. STEARNS, structure. Mr. KLUG, Mr. SHIMKUS, Mr. DEAL of f Georgia, Mr. PAXON, Mrs. CUBIN, Mr. f MEMORIALS HASTERT, Mr. OXLEY, Mr. BURR of PRIVATE BILLS AND North Carolina, and Mr. ROGAN): Under clause 4 of rule XXII, memori- RESOLUTIONS H. Con. Res. 217. Concurrent resolution ex- als were presented and referred as fol- pressing the sense of Congress with respect lows: Under clause 1 of Rule XXII, private to the authority of the Federal Communica- bills and resolutions of the following 242. The SPEAKER presented a memorial tions Commission; to the Committee on titles were introduced and severally re- Commerce. of the House of Representatives of the State By Mr. SAXTON: of Oregon, relative to House Concurrent Res- ferred, as follows: H. Res. 354. A resolution designating ma- olution 19 urging the 105th Congress of the By Mr. BARTLETT of Maryland: jority membership on certain standing com- United States to conduct thorough oversight H.R. 3203. A bill for the relief of Roma mittees of the House; considered and agreed hearings of the Office of the Inspector Gen- Salobrit; to the Committee on the Judiciary. to. eral audit process sufficient to ensure that By Mrs. LOWEY: By Mr. GINGRICH (for himself, Mr. the rights and protections inherent in the H.R. 3204. A bill for the relief of Walter ARMEY, Mr. DELAY, Mr. KING of New nation’s legal code are maintained and Borys; to the Committee on the Judiciary. February 11, 1998 CONGRESSIONAL RECORD — HOUSE H447

ADDITIONAL SPONSORS H.R. 2257: Mr. WATT of North Carolina, Mr. Mr. SANDLIN, Ms. EDDIE BERNICE JOHNSON of Under clause 4 of the rule XXII, spon- UNDERWOOD, Ms. KILPATRICK, and Mr. Texas, Mr. MANTON, Mr. THOMPSON, Mr. sors were added to public bills and res- GUTIERREZ. CLEMENT, Ms. DELAURO, Mrs. KELLY, Mr. olutions as follows: H.R. 2281: Mr. BERMAN. MCGOVERN, Ms. MCCARTHY of Missouri, Mr. H.R. 2290: Mr. BONIOR. HASTINGS of Florida, Mr. SCHUMER, Mr. H.R. 44: Mr. SISISKY. H.R. 2351: Mr. BROWN of Ohio and Mr. RUSH. GRAHAM, Mr. WEYGAND, Mr. DEUTSCH, Mrs. H.R. 65: Ms. HOOLEY of Oregon and Mr. H.R. 2354: Mr. ENGEL and Mrs. LOWEY. CLAYTON, Ms. HOOLEY of Oregon, and Mr. SISISKY. H.R. 2409: Mr. PASCRELL, Mr. GUTIERREZ, NEAL of Massachusetts. H.R. 74: Mr. PAYNE, Mr. GUTIERREZ, Ms. Ms. JACKSON-LEE, Mr. CLYBURN, and Mr. H.R. 2934: Ms. FURSE. DEGETTE, Mr. MARTINEZ, Mrs. LOWEY, Mr. DELAHUNT. H.R. 2936: Mr. PAXON, Mr. FARR of Califor- THOMPSON, Mr. WEXLER, Mr. YATES, Mr. H.R. 2454: Mr. LAMPSON. nia, and Mr. OXLEY. ENGEL, and Mr. CLYBURN. H.R. 2457: Mr. LAMPSON. H.R. 2938: Mr. GILLMOR, Mr. GOSS, Ms. H.R. 107: Mr. MANTON, Mr. WALSH, Mr. H.R. 2467: Ms. LOFGREN. BROWN of Florida, Mr. SHAW, and Mrs. GOODLING, and Ms. RIVERS. H.R. 2500: Mr. SPRATT, Ms. HOOLEY of Or- FOWLER. H.R. 145: Mr. ACKERMAN egon, and Mr. COLLINS. H.R. 2964: Ms. FURSE. H.R. 165: Mr. SHERMAN. H.R. 2509: Mr. RADANOVICH and Mr. SAN- H.R. 2970: Mr. ENGLISH of Pennsylvania, H.R. 166: Mr. SHERMAN. FORD. Mr. HOLDEN, Mr. ROMERO-BARCELO, Mr. H.R. 167: Mr. SHERMAN. H.R. 2547: Ms. FURSE, Mrs. MINK of Hawaii, UPTON, Mrs. MYRICK, and Mr. METCALF. H.R. 168: Mr. SHERMAN. Mr. ROMERO-BARCELO, and Mr. ACKERMAN. H.R. 2989: Mr. GIBBONS. H.R. 230: Mr. PRICE of North Carolina. H.R. 2581: Mr. FILNER and Mr. CANADY of H.R. 3043: Mrs. MINK of Hawaii. H.R. 251: Mr. METCALF. Florida. H.R. 3050: Ms. FURSE, Mrs. THURMAN, Mr. H.R. 303: Mr. SHERMAN. H.R. 2593: Mr. GREEN, Ms. LOFGREN, Mr. BONIOR, Mr. LIPINSKI, Mr. UNDERWOOD, Ms. H.R. 304: Mr. TOWNS KIM, Mr. COX of California, Mrs. CUBIN, Mr. KILPATRICK, Mr. PALLONE, Mr. LANTOS, Mr. H.R. 306: Mr. HARMAN. DEAL of Georgia, Mr. HUTCHINSON, Mr. RILEY, MCGOVERN, Mr. LAMPSON, Mr. BARCIA of H.R. 339: Mr. MICA. Mr. SMITH of Michigan, Mr. HOEKSTRA, Mr. Michigan, Ms. RIVERS, and Mrs. MORELLA. H.R. 350: Mr. HALL of Ohio, Mr. ENGEL, Mr. BONILLA, Mr. NORWOOD, and Mr. PETERSON of H.R. 3054: Mr. BERMAN and Mrs. MALONEY CLYBURN, and Mr. ENGLISH of Pennsylvania. Pennsylvania. of New York. H.R. 352: Mr. BACHUS. H.R. 2627: Mr. CANADY of Florida, Mr. H.R. 3070: Mr. FRANK of Massachusetts. H.R. 371: Mr. SKAGGS, Mr. MCHALE, Mr. LU- ISTOOK, Mr. ROMERO-BARCELO, Mr. BOYD, and H.R. 3089: Mr. BURTON of Indiana. H.R. 3090: Mr. BARR of Georgia. THER, Mr. WEYGAND, Mr. FRANK of Massachu- Mr. SNOWBARGER. H.R. 3097: Mr. POMBO, Mr. BLILEY, Mr. NEU- setts, Mr. HOLDEN, Mr. BORSKI, and Mrs. H.R. 2671: Mr. FORD. MANN, Mr. MICA, Mr. SOLOMON, Mr. BARR of LOWEY. H.R. 2681: Mr. WATT of North Carolina. Georgia, Mr. DELAY, Mr. PAPPAS, Mr. COX of H.R. 445: Mr. PASCRELL. H.R. 2692: Mr. NORWOOD. OHRABACHER INGSTON H.R. 476: Mrs. MINK of Hawaii and Mr. H.R. 2695: Mr. MILLER of California, Mr. California, Mr. R , Mr. K , MITH ARKER COYNE. ANDREWS, and Mr. CONYERS. Mr. S of New Jersey, Mr. P , Mr. H.R. 589: Mr. METCALF. H.R. 2710: Mr. KOLBE. PACKARD, Mr. CRANE, Mr. BILBRAY, Mr. H.R. 777: Mr. DOOLEY of California and Mr. H.R. 2713: Mr. LEWIS of Georgia, Mr. TRAFICANT, and Mr. YOUNG of Alaska. H.R. 3099: Mr. DAVIS of Illinois and Mr. FORBES. FATTAH, Mr. JACKSON, and Mr. MICA. H.R. 820: Mr. WYNN. FALEOMAVAEGA. H.R. 3104: Mr. STUMP, Mr. PACKARD, Mr. H.R. 859: Mr. HOEKSTRA, Mr. MICA, Mr. H.R. 2733: Ms. DELAURO, Mr. HALL of Ohio, REDMOND, Mr. LARGENT, Mrs. LINDA SMITH of BARTON of Texas, Mr. DOOLITTLE, and Mr. Mr. EVANS, and Mr. SANFORD. Washington, Mr. SHIMKUS, Mr. HANSEN, Mr. HEFNER. H.R. 2752: Mr. KOLBE, Mr. CONDIT, Ms. ROY- CUNNINGHAM, Mr. DOOLITTLE, Mr. DREIER, H.R. 919: Ms. KILPATRICK and Mr. BAL-ALLARD, Mr. BENTSEN, and Mrs. MEEK of Mr. WELDON of Florida, Mr. COOKSEY, Mr. FALEOMAVAEGA. Florida. MITH ATKINS ALVERT H.R. 981: Mr. PALLONE, Mr. WEXLER, and H.R. 2755: Mr. GREEN, Mr. KLECZKA, Mr. LA- S of Oregon, Mr. W , Mr. C , OOK OODLING RAHAM Mr. RANGEL. FALCE, Ms. FURSE, Mr. BLUMENAUER, Mr. Mr. C , Mr. G , Mr. G , Mr. ATTS ILLER H.R. 1016: Ms. MCKINNEY, Mr. MANTON, and NEAL of Massachusetts, Mr. SANDLIN, and W of Oklahoma, Mr. M of Florida, INGRICH HABOT C OLLUM Mr. COOK. Mr. CRAMER. Mr. G , Mr. C , Mr. M C , H.R. 1018: Mr. ROTHMAN. H.R. 2807: Mr. MORAN of Virginia, Mr. Mr. SOLOMON, Mr. HERGER, Mr. CHAMBLISS, H.R. 1031: Mr. METCALF. TOWNS, Mr. SCHIFF, Mrs. LOWEY, Mr. GOOD- Mr. PARKER, Mr. GALLEGLY, Mr. CRANE, and H.R. 1059: Mr. LAZIO of New York. LATTE, Ms. HOOLEY of Oregon, Mr. BOEHLERT, Mr. BRYANT. H.R. 3108: Mrs. ROUKEMA and Mr. DUNCAN. H.R. 1108: Mr. CHABOT. Mr. MCGOVERN, Mr. CAMPBELL, Mr. PAPPAS, H.R. 3127: Mr. HASTERT, Mr. DEFAZIO, Mrs. H.R. 1114: Mr. JOHNSON of Wisconsin. Mr. DELAHUNT, and Mr. LAMPSON. EMERSON, Mr. HOEKSTRA, Mr. BACHUS, Mr. H.R. 1126: Mrs. KELLY. H.R. 2826: Mr. FATTAH, Mr. KENNEDY of DREIER, Mrs. MYRICK, Mr. BLUNT, Mr. GOOD- H.R. 1176: Mr. SHERMAN and Mr. COYNE. Massachusetts, Mr. OWENS, Mr. DAVIS of Illi- LATTE, Mr. COOK, and Mrs. BROWN of Califor- H.R. 1202: Mr. LEWIS of Georgia, Mr. nois, Mr. COYNE, and Mr. PALLONE. nia. FRANKS of Massachusetts, and Mr. SHERMAN. H.R. 2827: Mr. HAMILTON and Ms. LOFGREN. H.R. 3131: Mr. BERMAN. H.R. 1320: Ms. KAPTUR. H.R. 2828: Mr. HASTINGS of Florida and Mr. H.R. 3133: Mr. PAPPAS. H.R. 1355: Mr. KUCINICH. MARTINEZ. H.R. 3134: Mr. UNDERWOOD, Mr. ROTHMAN, H.R. 1356: Mr. UNDERWOOD, Mr. GILMAN, Ms. H.R. 2829: Mr. CLYBURN, Mr. HALL of Texas, and Ms. KILPATRICK. LOFGREN, and Mr. PALLONE. Mr. MENENDEZ, and Mr. SKAGGS. H.R. 3137: Mrs. MYRICK, Mr. MOLLOHAN, Mr. H.R. 1376: Mr. WYNN, Mr. DIXON, and Mr. ALLONE H.R. 2868: Mr. P . WAMP, Mr. PICKERING, Mr. HULSHOF, Mr. FORD. H.R. 2870: Mr. SHERMAN. NETHERCUTT, Mr. CANNON, Mr. THOMPSON, H.R. 1450: Mr. INGLIS of South Carolina, H.R. 2912: Mrs. MINK of Hawaii, Mr. LIPIN- Mr. CALLAHAN, Mr. CLEMENT, Mr. MCINTYRE, Mr. YATES, and Mr. STRICKLAND. SKI, Mr. LOBIONDO, Mr. WATKINS, and Mr. Mr. EVANS, and Mr. BISHOP. H.R. 1455: Mr. STOKES. SANDERS. H.R. 3143: Mr. HASTINGS of Florida, Mr. H.R. 1456: Mr. PETERSON of Minnesota. H.R. 2914: Mr. CAMPBELL. FORD, and Mr. FOX of Pennsylvania. H.R. 1496: Mr. PAUL. H.R. 2921: Mr. PETERSON of Pennsylvania, H.R. 3147: Mr. BARCIA of Michigan, Mr. H.R. 1500: Mr. LEVIN, Mr. LUTHER, and Ms. Mr. LEWIS of Kentucky, Mr. WOLF, Mr. RUSH, Mr. KUCINICH, Mr. HOUGHTON, Mr. STABENOW. HASTERT, Mr. GUTKNECHT, Mr. BILBRAY, Mr. ENGLISH of Pennsylvania, Ms. KILPATRICK, H.R. 1521: Ms. DANNER and Ms. Dunn of PICKERING, Mr. HILLEARY, Mr. LUCAS of Okla- Mr. EHLERS, Mr. BLAGOJEVICH, Mr. STOKES, Washington. homa, Ms. STABENOW, Mr. MINGE, Mr. and Mr. KLECZKA. H.R. 1531: Mrs. LOWEY and Mr. NADLER. MCGOVERN, Mr. STUPAK, Mr. SHAYS, Mr. H.R. 3152: Mr. GREENWOOD, Mr. HALL of H.R. 1555: Mr. ENGEL. MURTHA, Mr. KENNEDY of Massachusetts, Mr. Ohio, Mr. GALLEGLY, and Mr. FARR of Cali- H.R. 1670: Mr. NADLER. GOODLING, Mrs. LINDA SMITH of Washington, fornia. H.R. 1842: Mr. NEY and Mr. REDMOND. Mr. CANNON, Mr. BOEHLERT, Mr. GILCHREST, H.R. 3161: Mr. ROHRABACHER, Mrs. H.R. 1870: Mr. FATTAH, Mr. PAYNE, Mr. Mr. WELDON of Pennsylvania, and Mr. HEF- MORELLA, Mrs. MALONEY of New York, Mr. KUCINICH, and Mr. SHERMAN. NER. VENTO, Mr. BROWN of Ohio, Mr. LEWIS of H.R. 1951: Mr. SNYDER. H.R. 2923: Ms. KILPATRICK, Mr. STRICKLAND, Georgia, Ms. LOFGREN, Ms. FURSE, Mr. H.R. 2004: Mr. PASCRELL. Mr. SANDLIN, and Mr. SKAGGS. BONIOR, and Mr. UNDERWOOD. H.R. 2009: Mr. VENTO, Mr. KIM, and Mr. H.R. 2925: Mr. WEXLER, Mr. EVANS, Mr. H.R. 3162: Mr. LUCAS of Oklahoma and Mr. SHAYS. FROST, Mr. FOLEY, Mr. POSHARD, Mr. ACKER- DUNCAN. H.R. 2021: Mr. FORD, MAN, Mr. MARTINEZ, Mr. DAVIS of Virginia, H.R. 3172: Mr. ENGLISH of Pennsylvania. H.R. 2077: Ms. LOFGREN. Mr. BALDACCI, Mrs. LOWEY, Ms. KILPATRICK, H.J. Res. 83: Mr. PITTS, Mr. TRAFICANT, H.R. 2173: Mr. MARTINEZ. Mr. LIPINSKI, Mr. MCINTYRE, Mr. GUTIERREZ, Mrs. EMERSON, Mr. LEWIS of Kentucky, Mr. H.R. 2212: Ms. CHRISTIAN-GREEN. Mr. LAMPSON, Mr. MEEHAN, Mr. OLVER, Ms. MANZULLO, and Mr. SESSIONS. H.R. 2253: Mr. STUPAK, Mr. SCOTT, and Mr. RIVERS, Ms. PELOSI, Mr. LANTOS, Ms. FURSE, H.J. Res. 102: Mr. KOLBE, Ms. DELAURO, Mr. TIERNEY. Mr. COSTELLO, Mr. FRANK of Massachusetts, SISISKY, Ms. WOOLSEY, Mrs. TAUSCHER, Mr. H448 CONGRESSIONAL RECORD — HOUSE February 11, 1998

TIERNEY, Mr. LOBIONDO, Mr. DIXON, Mr. CLY- H. Res. 279: Mr. BROWN of California, Mr. Resolution No. 15 supporting the nomination BURN, Mr. LIPINSKI, Mr. JACKSON, Mr. ADAM FAZIO of California, Mr. CONYERS, Mr. MAN- of the Hudson River as an American Heritage SMITH of Washington, Mr. BEREUTER, Mr. TON, and Mr. DAVIS of Illinois. River; to the Committee on Resources. MCNULTY, Mr. EVANS, Mr. STRICKLAND, and H. Res. 350: Mr. PALLONE and Mr. 38. Also,a petition of John Rolczynski and Mr. HOYER. FALEOMAVAEGA. Robert W. Gillies of Grand Forks, North Da- f H. Con. Res. 55: Mr. COYNE. kota, relative to a petition for redress of H. Con. Res. 114: Mr. FRANK of Massachu- DELETIONS OF SPONSORS FROM grievance regarding the statehood of North setts, Mr. STRICKLAND, and Mrs. MORELLA. PUBLIC BILLS AND RESOLUTIONS Dakota; to the Committee on the Judiciary. H. Con. Res. 152: Mr. WEXLER and Mrs. MALONEY of New York. Under clause 4 of rule XXII, sponsors 39. Also,a petition of the Essex County Board of Supervisors, Elizabethtown, New H. Con. Res. 158: Mr. BURTON of Indiana. were deleted from public bills and reso- York, relative to Resolution No. 315 support- H. Con. Res. 202: Mr. WELDON of Florida, lutions as follows: ing continuation of the ISTEA Program for Mr. REGULA, Mr. SENSENBRENNER, Mr. NOR- H.R. 2604: Mr. BERMAN. Highway Infrastructure and the Bridge Pro- WOOD, Ms. DUNN of Washington, Mr. DELAY, f gram; to the Committee on Transportation Mr. RYUN, Mr. ARMEY, Mr. EHLERS, Mr. COM- and Infrastructure. BEST, Mr. WICKER, Mr. SHAW, Mr. BOEHNER, PETITIONS, ETC. Mr. THUNE, Mr. MANZULLO, Mr. HAYWORTH, Under clause 1 of rule XXII, petitions 40. Also,a petition of the Metropolitan Mr. RILEY, Mr. ENSIGN, Mr. LAZIO of New and papers were laid on the Clerk’s King County Council, Seattle, Washington, York, Mr. GILMAN, Ms. GRANGER, Mr. desk and referred as follows: relative to Motion No. 10354 commending WELLER, Mr. GIBBONS, Mr. SHADEGG, Mrs. 36. The SPEAKER presented a petition of Microsoft Corporation for its superb leader- ROUKEMA, Mr. DOOLITTLE, Mrs. KELLY, Mr. the Rockland County Legislature, New City, ship, encouraging Microsoft to continue in PETRI, and Mr. HILLEARY. New York, relative to Resolution No. 694 en- its present direction, and requesting local, H. Con. Res. 210: Mr. ALLEN and Mrs. dorsing a peaceful settlement of the North- state, and national leaders to be supportive KELLY. ern Ireland Conflict; to the Committee on of Microsoft and the principles of free enter- H. Res. 37: Mr. ROMERO-BARCELO and Mr. International Relations. prise that have allowed Microsoft to flourish; KOLBE. 37. Also,a petition of the Rockland County jointly to the Committees on Commerce and H. Res. 83: Mr. COYNE and Mr. SNYDER. Legislature, New City, New York, relative to the Judiciary. 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, FEBRUARY 11, 1998 No. 10 Senate The Senate met at 9:30 a.m. and was cloture motion on the motion to pro- from Idaho, and a superb athlete, won called to order by the President pro ceed to S. 1601. If cloture is invoked, the gold medal, one of our first gold tempore (Mr. THURMOND). the Senate will debate the motion to medals in this Olympics in Nagano, proceed to the cloning bill. If cloture is Japan. Picabo Street, from the Sun PRAYER not invoked, the Senate can be ex- Valley area of Idaho, who was a silver The Chaplain, Dr. Lloyd John pected to resume debate on the medalist in the 1994 Olympics, brought Ogilvie, offered the following prayer: Massiah-Jackson nomination and then, home the gold. Gracious Father, our loving, for- at approximately 4 p.m. today, the giving Lord of new beginnings, we lis- I think all of us are extremely proud Senate can be expected to begin debate this morning of our country and our ten intently to Your assurance spoken on the nomination of Margaret Mor- through Jeremiah, ‘‘I have loved you athletes, and this fine woman athlete, row, of California, to be U.S. district Picabo Street, who some months ago with an everlasting love; therefore judge. with loving kindness I have drawn had major knee surgery, while she was I want to emphasize that even at the World Cup had a major accident, you.’’—Jeremiah 31:3. though we are going back to debate on We begin this day with these amazing but with tremendous guts and tenacity Massiah-Jackson, that does not mean words sounding in our souls. Can they and ability she is now one of our gold we will stay on that nomination all the be true? You judge our sins and forgive medalists and we are all proud. way until 4 o’clock. We will probably us. Your grace is indefatigable. It is I yield the floor. have some announcement later on this magnetic; it draws us out of remorse or morning about that matter, and how recrimination into reconciliation. You we would expect to handle it. Addi- f draw us to Yourself and we receive tional votes can be expected to occur healing and hope. during today’s session of the Senate. HUMAN CLONING PROHIBITION Now we are ready to live life to the ACT—MOTION TO PROCEED fullest. We are secure in You and there- As a reminder to all Senators, at 10 fore can work with freedom and joy. a.m. this morning a vote will occur on The PRESIDING OFFICER. Who We know Your commandments are as the cloture motion and we probably seeks the floor? Who yields time? The irrevocable as Your love is irresistible. will have a vote late this afternoon on Senator from California. the Morrow nomination. It appears at We have the strength to live Your ab- Mrs. FEINSTEIN. Mr. President, it is solutes for abundant life. We accept this time that would occur probably around 6 o’clock, even though we have my understanding that I have 15 min- Elijah’s challenge, ‘‘Choose this day utes. whom You will serve,’’ and Jesus’ man- not advised everybody that that is our The PRESIDING OFFICER. The time date, ‘‘Set your mind on God’s king- intent, or gotten an absolute commit- between now and 10 o’clock is evenly dom before everything else!’’—Matt ment, but I believe there will probably divided. 6:33;NEV. In His powerful name. Amen. be a vote about 6 o’clock on the Mor- row nomination. Mrs. FEINSTEIN. I thank the Chair. f I yield the floor. Mr. President, it is my intention to RECOGNITION OF THE MAJORITY Mr. CRAIG addressed the Chair. open the debate, then yield to Senator LEADER The PRESIDING OFFICER (Mr. MACK, then Senator THURMOND, and ALLARD). Who yields time? The PRESIDENT pro tempore. The then Senator KENNEDY for the remain- able majority leader, Senator LOTT of Mr. CRAIG. Mr. President, I ask der of my time. Mississippi is recognized. unanimous consent to proceed for a Mr. President, I urge the Members of f very brief time. The PRESIDING OFFICER. Without this distinguished body to vote no on SCHEDULE objection, is so ordered. cloture. I do so because I believe that by voting for cloture today we could do Mr. LOTT. Mr. President, this morn- f ing as previously ordered the Senate enormous harm. will resume debate on the cloture mo- PICABO STREET The technique involved here, somatic tion on the motion to proceed to S. Mr. CRAIG. Mr. President, I thank cell nuclear transfer, creates what are 1601, the cloning bill, with the time my colleagues for yielding but a brief called stem cells, which can be used for until 10 a.m. equally divided between moment for the Senate to recognize creation of tissue which has the same the two leaders or their designees. something that went on last night DNA as the person whose tissue it is. Also, as previously ordered, at 10 nearly halfway around the world while Therefore they are used as important a.m. a rollcall vote will occur on the all of us slept. A marvelous young lady adjuncts in cancer research; they offer

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

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VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S600 CONGRESSIONAL RECORD — SENATE February 11, 1998 important opportunities to overcome fected. Let us hear from the scientific kinson’s disease; multiple sclerosis; rejection of tissue in third-degree community that tells us whether this spinal cord injuries; liver disease; se- burns; to solve major problems inher- is the right thing to do or the wrong vere burns; muscular dystrophy; ar- ent in juvenile diabetes; for thing to do. I don’t make a suggestion thritis; and heart disease. osteoporosis; for Alzheimers; for Par- here that this is an easy decision to be Mr. President, there have been no kinsons disease; and for a host of other made. It is a very difficult one. But committee hearings on S. 1601 and, diseases. that’s all the more reason that you therefore, no opportunity for the med- Mr. President, there is no need to should vote against cloture and allow ical community to fully explain the rush to judgment. No one, I believe, in the process to take place—to have implications of this legislation. My this body, supports human cloning. input, to have discussion, to have un- daughter, Julie, suffers from diabetes, There is a scientific moratorium on derstanding. Then we then will be in a and I do not want her, or others like human cloning. The FDA has exercised position to try to make a decision her, to be denied the potential life sav- jurisdiction to prevent it. about what is the right thing to do. We ing benefits of research that this bill There is no need to rush to judgment. just say let the process work. Let there could restrict. But without the appro- This bill is less than a week old. There be input. priate committee hearings, we do not has been no hearing on it. There are no So I urge my colleagues to vote no on fully understand what these benefits definitions of critical terms in this bill. cloture and to support moving the may be. This is far too important an Let me quote what the American process forward. issue for us to rush this bill to the floor Cancer Society has said in a letter I thank the distinguished Senator without committee hearings. While we dated February 9: from California for yielding. can all agree that to replicate a human The American Cancer Society urges you to Mrs. FEINSTEIN. I thank the distin- being is immoral, we need to inves- oppose S. 1601, legislation that would pro- guished Senator for his comments. In- tigate this issue more thoroughly so hibit the use of somatic cell nuclear transfer. deed, they were very, very moving. I that we do not deny our citizens and The American Cancer Society agrees with can share my family story, although it our loved ones of any possible life sav- the public that human cloning should not is not as dramatic, Senator, as yours proceed at this time. However, the legisla- ing research. For this reason, I will not tion as drafted would have the perhaps unin- —I lost my husband to cancer, I lost support cloture on the motion to pro- tended effect of restricting critical scientific my mother, my father, my in-law’s. So ceed to S. 1601, and I strongly rec- research. The language could hamper or pun- I, in a sense, share this with the Sen- ommend that this bill be sent to com- ish scientists who contribute to our growing ator. I know in their last days how im- mittee so that the appropriate hearings knowledge about cancer. portant research is to patients and how can be held. Last evening I had printed in the willing they are to try new things. Life I yield the floor. RECORD a huge volume of letters from is critically important. Mrs. FEINSTEIN. Mr. President, I re- virtually every single patient group, 27 I thank the Senator for his com- serve the remainder of my time. Nobel prize winners, and industry ments. The PRESIDING OFFICER. The Sen- groups—all saying go slow, use cau- If I may, I allot 3 minutes of my time ator from Missouri. tion. to the distinguished Senator from Mr. BOND. Mr. President, how much I urge this body to vote no on clo- South Carolina. time is left on both sides? ture. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- If I may, now, I yield 3 minutes of my ator from South Carolina. ator from Missouri has 12 minutes and time to the distinguished Senator from Mr. THURMOND. Mr. President, I 30 seconds and the Senator from Cali- Florida. rise today to address an issue of great fornia has 3 minutes and 45 seconds. The PRESIDING OFFICER. The Sen- international concern. Since February Mr. BOND. Mr. President, I yield my- ator from Florida is recognized. 1997, when Scottish scientists suc- self such time as I may need. Mr. MACK. I thank the distinguished ceeded in cloning an adult sheep, the I urge my colleagues to vote yes on Senator from California for yielding world has been consumed with the cloture so that we may proceed to de- this time. I have prepared remarks issue of cloning. There are great social bate an issue which generates many that I have gone over with my staff and ethical implications of the poten- profound ethical and moral questions, that cover things like it is obvious that tial application of this procedure to to- ones which demand our immediate at- there is no medical or ethical justifica- tally reproduce human beings. Obvi- tention. tion for human cloning. We all under- ously, there is no acceptable justifica- Let me be quite clear. This bill does stand that. We also know there have tion for replicating another human not stop existing scientific research. I been no hearings. We know as well that being, and the bill before the Senate, S. am as concerned as anyone here about we have information from 27 Nobel lau- 1601, the Human Cloning Prohibition the need for research on a whole range reates who say we should not pass this Act, would ensure that such a proce- of diseases, things that can be perhaps legislation. We have letters from 71 pa- dure would never take place in this cured or at least dealt with by stem tient groups and scientific organiza- country. However, I am concerned that cell research, by many other tech- tions that say we should not do this. this bill may be written so broadly niques that are now in progress today. But let me say to my colleagues that that it will restrict future promising Our bill does not stop any of that re- I stand here this morning to make a research which could lead to improved search. special appeal. My father died of can- treatment or even a cure for many seri- Let’s be quite clear, our bill does not cer. My mother died of cancer. My ous illnesses. The Juvenile Diabetes stop any of that promising research brother died of cancer. I was diagnosed Foundation informs me that this bill now underway. The measure places a with cancer. My wife was diagnosed would prohibit promising stem cell re- very narrow ban on the use of somatic with cancer. Our daughter was diag- search that could make it possible to cell nuclear transfer to create a human nosed with cancer. produce pancreatic beta cells that embryo. That is what we are talking I say to my colleagues, I appeal to could then be transplanted into a per- about. Everybody said, ‘‘We agree we you, don’t get drawn into this debate son with diabetes. As a consequence, shouldn’t be creating a human embryo that we should pass this legislation be- many of the horrible complications of by cloning,’’ and that is what this bill cause we want to stand up and make a this disease, including kidney failure, does. statement that we are against cloning. blindness, amputation, increased risk Over the past week, we have had a lot We are all against human cloning. We of heart disease and stroke, and pre- of distortion and, unfortunately, in- are all against human cloning. What I mature death, could be eliminated. flamed rhetoric by some of the big spe- am asking you to do is to vote no on Likewise, I am informed by other rep- cial interests, the likes of which I have cloture so we will have an opportunity resentatives of the medical community not seen in my many years of public to hear from those patient groups that that this bill could prohibit research service. We have asked our opponents want to represent people like myself, into treatment of the following dis- on numerous occasions, we have sat represent families that have been af- eases and ailments: leukemia; sickle down with them, Senator FRIST, Sen- fected like my family has been af- cell anemia; Alzheimers disease; Par- ator GREGG, our staffs and I sat down

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S601 and said, ‘‘OK, if we all agree we would the Federal Government police This ‘bright line’ drawn by S. 1601 is the shouldn’t be creating a human embryo the implantation of these human em- line between the generation of a human zy- by cloning, how do you want to tighten bryos? gote—i.e., a totipotent one-celled embryo; the equivalent of a complete human body at it up?’’ By allowing the creation of cloned the time of conception—by the in vivo or in They are not willing to come forward test tube babies so long as they are not vitro union of haploid sperm and haploid egg, because there are some rogue sci- implanted, our opponents’ bill calls for and the generation of a human zygote by the entists, maybe some big drug compa- the creation, manipulation and de- artificial means known as somatic cell nies, big biotech companies, who want struction of human embryos for re- transfer (‘haploid’ means half the normal to create human embryos by cloning. search purposes. human complement of 46 nuclear chro- They think that would be a great way I have a letter that I will enter into mosomes [DNA], or 23. Only sperm and egg are haploid, while all other body cells—a.k.a. to be more profitable, to do some re- the RECORD from Professor Joel Brind, somatic cells—have 46 nuclear chromosomes. search on cloned human embryos. I Professor of Human Biology and Endo- ‘Totipotent’ means that the one-celled em- think that is where we need to draw crinology at Baruch College, The City bryo [zygote] is capable of giving rise to a the line. University of New York. He addresses completely differentiated human body, i.e., People say we want to have hearings. the question of stem cell research. I fully formed human being). In somatic cell We have had hearings on the whole quote from a portion of it: transfer, a zygote is artificially produced by the introduction of a diploid (i.e., containing issue last year. We have debated it, and Industry opponents also correctly point a full set of 46 chromosomes) nucleus from a it comes down to the simple point: Do out that S. 1601 would ban the production of body cell or a zygote, into an egg from which you want to say no to creating human human embryos for research or other pur- the nucleus has been removed. Thus, the bill poses entirely unrelated to the aim of embryos by cloning, by somatic cell clearly prohibits the generation of a human cloning a human being. And well it should nuclear transfer, or do you want to say, embryo by the artificial means of somatic . . . In fact, it is in this area of research and as my colleague from California would cell transfer, whether the procedure may be treatment, to wit, the generation of stem in her bill, ‘‘Oh, it’s fine to create strictly defined as cloning or not. (Note: It cells, from which replacement tissues or or- those human embryos by somatic cell may be argued that in vitro fertilization is gans could be produced for transplantation also artificial, however it is the artificial as- nuclear transfer, so long as you destroy into the patient from whom the somatic cell them, so long as you kill those test sistance of a natural process. A good analogy originally came, which is most important to would be the difference between growing or- tube babies before they are im- the biotech industry, for obvious reasons. dinary tomatoes in a greenhouse—artificial planted’’? For reasons just as obvious to anyone with assistance—and growing genetically engi- There are a couple problems, very any moral sense, such practices must be out- neered tomatoes—artificially produced indi- practical problems. Once you start cre- lawed, for otherwise, our society would per- viduals.) ating those cloned human embryos, it mit the generation of human beings purely Industry opponents also correctly point for the purpose of producing spare parts for out that S. 1601 would ban the production of is a very simple procedure to implant others, and thence to be destroyed. Some them. Implantation of embryos is human embryos for research or other pur- may call this a ‘‘slippery slope’’—I believe poses entirely unrelated to the aim of going along in fertility research now, ‘‘sheer cliff’’ would be more accurate. cloning a human being. And well it should, and it would be impossible to police, to Mr. President, I will add one other for the production of a zygote is the produc- make sure they didn’t start implanting thing. He said: tion of a human being, which would then be them. destroyed after use in research, or to gen- But even if the objectives of the bill . . . S. 1601 would, in fact, place real re- erate spare parts for the treatment of pa- strictions on stem cell research. Stem cell of my California colleague were carried tients suffering from a variety of ills. In fact, researchers would have to continue to work it is this area of research and treatment, to out, it would mean that you would be with somatic cell nuclear transfer tech- creating human embryos by cloning, wit, the generation of stem cells, from which nology in animal systems, in order to learn replacement tissues or organs could be pro- researching with them, working with how to transcend the need for producing duced for transplantation into the patient them and destroying them. Do we want zygotes first. However, this is no different from whom the somatic cell originally came, to step over that ethical line? I say no. from restricting cancer research by prohib- which is most important to the biotech in- It is not going to be any clearer 3 iting the injection of cancer cells into dustry, for obvious reasons. For reasons just months from now, 6 months from now human beings (instead of rats) and then test- as obvious to anyone with any moral sense, ing potential anticancer drugs on them. As a than it is now. What is going to be dif- such practices must be outlawed, for other- civilized society, we do have to live with wise, our society would permit the genera- ferent is that in 3 or 6 months, the meaningful ethical constraints or we end up rogue scientist in Chicago or others tion of human beings purely for the purpose with the likes of the Tuskegee experiment. of producing spare parts for others, and may well start the process of cloning Mr. President, I ask unanimous con- thence to be destroyed. Some may call this a human embryos by somatic cell nu- sent that this letter be printed in the ‘slippery slope’—I believe ‘sheer cliff’ would clear transfer. That is why we say it is RECORD. be more accurate. important to move forward on this bill. There being no objection, the letter What then? Does S. 1601 stop the field of stem cell research, with all its potential for If we bring this bill to the floor, we was ordered to be printed in the are happy to listen to and ask for spe- life-saving and life-extending treatment, in RECORD, as follows: cific suggestions from those who are its tracks? In a word, no. In fact one form of concerned about legitimate research, BARUCH COLLEGE, stem cell transplantation—bone marrow DEPARTMENT OF NATURAL SCIENCES, transplatation—has already been in wide use but we have been advised time and New York, NY, February 10, 1998. for years. Stem cells are body cells which are time again that there is no legitimate Hon. CHRISTOPHER BOND, primitive and undifferentiated, and capable research being done now in the biotech U.S. Senate, of giving rise to a variety of differentiated industry that uses somatic cell nuclear Washington, DC. cell types and/or tissues and/or organs. For transfer to clone and create a human DEAR SIR: This letter is written in support example, in a bone marrow transplant, the embryo as part of the research on any of S. 1601, which is designed to ban the transplanted cells give rise, in the recipi- of these diseases. ‘‘cloning’’ of human beings. I have placed the ent’s body, to the whole host of different We have heard from patient groups, word ‘‘cloning’’ in quotes, because, as types of white blood cells, red blood cells and claimed by opponents in the biotech indus- platelets. Stem cells are thus ‘pluripotent’— people who are very much concerned, try, the bill would technically ban more than capable of forming many different types of as we all are, about cancer, about juve- cloning, which, precisely defined, would be cells, but not an entire human being, as nile diabetes, cystic fibrosis, Alz- limited to use of somatic cells genetically would a totipotent cell or zygote. Of course heimer’s—the whole range of diseases. identical to an existing human being (includ- the most precise way to obtain stem cells, We can deal with those diseases. We ing an embryo or fetus). In other words, the especially if they are to be modified in order can deal with the research without bill closes a gaping loophole—to wit, the use to correct a genetic defect, is to first gen- cloning a human embryo. of cells whose DNA has been modified artifi- erate a whole embryo—such as by somatic The approach of my colleagues from cially, or use of a fertilized nucleus—that cell transfer—and then let it develop into a California and Massachusetts would would exist in the legislation, were it to be multicellular embryo, and finally harvest limited to cloning in its precise, technical the desired stem cells and throw the rest lead us down the slippery slope that sense. That is precisely why S. 1601 is a good away. Therefore S. 1601 would in fact place would allow the creation of masses of bill, because it adequately defines a ‘bright real restrictions on stem cell research. Stem human embryos as if they were assem- line’ in the establishment of appropriate cell researchers would have to continue to bly line products, not human life. How standards for stem cell research. work with somatic cell nuclear transfer

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technology in animal systems, in order to Mr. KENNEDY. I yield myself 21⁄2 stops people, like Dr. Seed, who have learn how to transcend the need for pro- minutes. proposed cloning human individuals ducing zygotes first. However this is no dif- Mr. President, as the Senator from dead in their tracks. ferent from restricting cancer research by No. 2: It creates a commission, 25 prohibiting the injection of cancer cells into California has pointed out, we have human beings (instead of rats) and then test- someone who doesn’t describe our posi- people, bipartisan, broadly representa- ing potential anti-cancer drugs on them. As tion accurately and then differs with tive of the American people, ethicists a civilized society, we do have to live with the position. And that is just what has on board, the very best scientists on meaningful ethical constraints, or we end up happened here on the floor of the U.S. board, social scientists on board and with the likes of the Tuskegee experiment. Senate. lay people on board. That commission Biotech industry opponents also point out First of all, the committee which will consider new technology, will con- that one form of somatic cell nuclear trans- fer has already been used successfully in the deals with these issues on public health sider cloning, will consider the next po- treatment of infertility. In particular, a zy- has not had 1 day, 1 hour, 1 minute of tential great advance that is out there gote produced the natural way—from the hearings on this legislation. The distin- with that ethical, theological and sci- union of sperm and egg—is used to supply a guished Senator, Senator BOND, has entific environment. diploid nucleus for transfer into a normal said, ‘‘Couldn’t we sit down and discuss What does this bill do? This bill does egg from which the nucleus has been re- these measures?’’ All we are saying is not stop any current research being moved. Who would need such a treatment?— a woman who has a genetic defect in her that a no vote gives us an opportunity done in in vitro fertilization, in stem mitochondrial, rather than in her nuclear to sit down in the committee and hear cells, in transplantation. And I chal- DNA. The mitochondria are the energy-pro- from the research organizations and lenge any scientist, because the sci- ducing parts of a cell, and we all inherit the ethicists to try and draft legisla- entific community and the private in- them from our mothers (from the non-nu- tion that is in the interest of the pa- dustry and all say, ‘‘No, we can’t stop clear part of the egg). If the mitochondrial tients of this country. science,’’ we need to involve that eth- DNA is defective the zygote will not be via- We have challenged those who sup- ical decisionmaking today—I do chal- ble, even if the nuclear DNA is fine. Hence, transfer of the viable nucleus into a port this legislation to mention one lenge any scientist who reads the word- denucleated egg from a normal donor will re- major research or patient group that ing in the bill to send me a peer-re- sult in a viable zygote. Fine, except that the supports their position. All we hear is viewed study that is banned by the offspring thus produced now has two biologi- about special interest groups that are wording of this bill. Read the bill. cal mothers, both having provided genetic going to benefit from this program. Do we eliminate all embryo research? material essential for the offspring’s sur- Do we consider the cancer society a No, only a single technique, that bal- vival. The legal nightmares following the use special interest group? Do we consider ance we have achieved between hope of this technology are easily envisioned, and the fact that it has already been done under- the American Heart Association, the and the potential opportunities for a scores the need for enacting the present leg- Parkinsons Action Network and the technique versus the ethical consider- islation without delay. Alzheimers Aid Society special interest ation and the science we have achieved I also wish to comment on alternative leg- groups? If they are special interest by looking at a single technique. islation which proposes to allow cloning or groups, we are proud to stand with We don’t eliminate all embryo re- artificial production of human embryos, pro- them. They know what is at risk. And search, just a single technique when vided they are destroyed and not permitted to be born or even implanted into a woman’s those who support this legislation have applied to the procedure when it clones uterus. Such legislation is worse than no leg- not been able to bring to the floor of a human embryo. That is the only islation at all. Permitting the destruction of the U.S. Senate reputable researchers area. innocent human life is abhorrent enough— who believe that research towards alle- Do we eliminate all of this tech- but to mandate it? viating human suffering will not be nique? Do we eliminate all of this so- Finally I report the essence of a conversa- curtailed by this legislation. matic cell nuclear transfer? Absolutely tion I had earlier today with some col- not. The Dolly experiments continue. leagues, concerning the matter at hand. This has been pointed out effectively They said that the banning of this tech- by the Senator from Florida and the The animal research continues in so- nology would only result in its pursuit be- Senator from South Carolina. This is matic cell nuclear transfer. yond the borders of the United States. I re- not a partisan issue. We all want to The only thing we eliminate is the plied by asking them to name any founda- have the best in terms of research for future application when this technique tion document or scripture for any civiliza- our families, for the American people is used only in the circumstance to cre- tion ever in history, in which was inscribed and for the world. ate a live cloned human embryo. All as a principle any version of ‘‘If you can’t animal research continues today. This beat’em, join ‘em’’? I implore you in the We are effectively cutting off oppor- strongest possible terms to resist at every tunities to advance biomedical re- is an untested procedure. It may be turn this product of corrupt mentality. search if we impose cloture today. harmful. It has not been proven to be Please feel free to contact me at any time Let’s give the committees the oppor- safe today. Shouldn’t we be looking at if I may be of any further assistance. tunity for full, open, informed, bal- it in animal models instead of taking it Sincerely, anced judgment and then come back to to the human population? That is what JOEL BRIND, Ph.D., the floor of the U.S. Senate and have a this bill does. Slow down. Let’s do that Professor, Human Biology and Endocrinology. debate on this issue. Don’t cut off one animal research before creating live Mr. BOND. I reserve the remainder of of the great opportunities for research cloned human embryos. my time. in this country by voting for cloture It is a tough issue. I don’t want to Mrs. FEINSTEIN addressed the slow down science and the progress of Chair. today. I reserve the remainder of our science, but I do think that we, as a so- The PRESIDING OFFICER. The Sen- time. ator from California. Mr. BOND. Mr. President, I yield 4 ciety, absolutely must recognize that Mrs. FEINSTEIN. Thank you. Mr. minutes to the Senator from Ten- not all science can proceed ahead with- President, I very much regret the fact nessee. out consideration by the American peo- that the Senator from Missouri has The PRESIDING OFFICER. The Sen- ple, without consideration of the eth- chosen to mischaracterize both my po- ator from Tennessee. ical implications. All of the hopes that sition and my bill. I hope we will have Mr. FRIST. Mr. President, I rise to have been mentioned in terms of curing a chance in committee to iron that support the underlying bill and hope disease projected into the future, I out. But at this time, I yield the re- that we will be able to proceed with a have those same hopes, but I also rec- mainder of my time to the distin- discussion of the bill today. No longer ognize that we can’t go totally on un- guished Senator from Massachusetts. can we divorce science from ethical charted courses. Science has been The PRESIDING OFFICER. The Sen- consideration. Science moves too fast abused in the past. We can look back at ator from Massachusetts. today. We see it, with what has re- Hitler and what Hitler did in the name Mr. KENNEDY. Mr. President, how sulted from Dolly with this cloning of science. We have to take these eth- much time do I have on this? procedure. Science and ethics must ical considerations and put them hand The PRESIDING OFFICER. The Sen- march hand in hand. in hand in the progress of science. ator from Massachusetts has 3 minutes What does this bill do? No. 1: It pre- Let me close and simply say, the and 13 seconds. vents cloning of a human being. It commission is vital to this legislation.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S603 We have to have a forum that is not on What is even more fundamental in The act of cloning a human being for the Senate floor, that is not just in the this discussion is the question of the the purposes of study, or for the pur- scientific communities, to address place occupied by the birth of a new pose of bringing new life into the world these issues. That is what this commis- child in our society. is intrinsically evil and should be abso- sion achieves. First it is worth noting that there is lutely prohibited. The PRESIDING OFFICER. The Sen- a symmetrical quality to the current Also, there is another dimension to ator’s time has expired. debate in our culture. And although this debate which is fraught with prob- Mr. FRIST. I yield back my time. the underlying philosophical premise is The PRESIDING OFFICER. Who lems and that is the rationale that will the same, the outcomes are radically develop should cloning be allowed. yields time? different. I believe it is one of the trag- But what few have mentioned in this Mr. ROTH. Mr. President, today, I edies of our times that in the midst of discourse is that implicit in the rush to rise to state my unequivocal support a culture which has allowed over 35 begin cloning human beings is the eu- for a federal ban on human cloning. million abortions to be performed over genic rationale that will ultimately de- However, I am uncomfortable with the the last twenty-five years, we now de- velop in support of it. Already, there hurried pace with which this issue is sire to create human life by our own are stories—what I would call horror being considered in the Senate. hands. On the one hand, we deny God’s The issue before us is both extremely stories—of people asking for specific creation, on the other, we seek to cre- complex and consequential. Regulating genetic attributes when deciding to ate life in our own image and deny God the very cutting edge of medical participate in in vitro fertilization. And yet again. This is tragic on both science will impact our fights against when we are able to shop for a baby in counts. nearly every category of disease, in- I personally believe, and 2,000 years the same way that we shop for a car; by cluding cancer, heart disease, blind- of Western tradition support this be- whimsically creating new life based ness, Parkinsons and Alzheimers dis- lief, that the birth of any child is an solely on our own personal convenience eases to name but a few. unmerited gift from God to a man and and satisfying our own personal desire, The United States must maintain its we effectively say: ‘‘God we do not need preeminent position as the inter- woman. Some in recent years, have given us a notion of a child as an object You anymore, we can do this our- national leader in biotechnological re- selves.’’ search, but do so while adhering to the merely for the fulfillment of a man and And that is just wrong. highest moral and ethical standards. woman’s personal desire. It should be Any prohibition of cloning needs to be reasserted though that a child is not Mr. President, it would be a serious very carefully constructed and tested and can never be an object merely for mistake and an abdication of our duty by public hearing to assure that both the fulfillment of a man and woman’s as responsible legislators to allow the of these goals might be fulfilled. personal desire. A child is a precious devaluation of human life that would The Food and Drug Administration and unmerited gift from God. God take place if we allowed for human has claimed authority to regulate this alone gives human life—but human cloning. There should be no human technology now, eliminating the need cloning usurps that role. And I do not cloning. Period. for immediate legislative action. believe that we can ever do that. Mr. President, as we continue to de- Knowing this, and with lives at stake, The creation of new life outside of bate this issue I would urge my col- I believe all Senators should have the man and woman is a gross distortion of leagues to examine the role of our gov- opportunity to benefit from a thorough the moral natural law. ernment in this debate and to then public examination of this proposal. Human cloning distorts the relation- reach the only conclusion possible: For these reasons, I will not support ship between man and woman by ne- that human cloning seriously threat- cloture on the motion to consider S. gating the necessity of either one in ens the dignity of human beings and it 1601 in hopes that this matter will be the creation of new life and con- is our responsibility to absolutely pro- further evaluated at the committee sequently also usurps the role of God in hibit human cloning and in so doing de- level. the creation of new life. Fundamen- cisively end debate on this issue once Mr. BROWNBACK. Mr. President, I tally, it alters the view of the child to and for all. rise to make a few remarks on the mat- the world in such a way that the child Mr. HATCH. Mr. President, I rise to ter of human cloning. is seen as something which can fulfill I believe that as the Senate debates the needs of an individual physically, offer some comments on the cloning this issue that is so fundamental to the emotionally or spiritually. This is an legislation that we are now debating. meaning and the essence of what it incorrect view and is a gross violation I think that this has been an impor- means to be a person we must consider of our duty to protect the human dig- tant debate, one which should con- very carefully the moral implications nity of each and every person. It re- tinue. It is a debate that involves many associated with the issue of human duces a child to a means to an end and difficult, troublesome issues. I come to cloning. denies them the dignity they deserve this debate as a concerned pro-life Sen- Certainly there is no moral prohibi- to be treated not as a means but as an ator, who also has profound questions tion, nor could one effectively be ar- end in and of themselves. about the scientific implications of gued, against the cloning of plants or And this notion is precisely where this bill. even animals—there is something fun- the disagreement on this issue exists I can tell you that scientists from my damentally different. Also, no one is between the Administration and the home state of Utah are following these arguing against tissue research or cloning bill before us today. discussions very closely. Some will argue that the issue sim- other important research. The issue I am proud that researchers at the ply needs to be studied before any re- today is strictly limited to the use of University of Utah and the Huntsman search begins—a notion which does not technologically feasible methods to Cancer Center are at the cutting edge rest on the supposition of a child as a create and manipulate new life through of science. It was scientists at Myriad gift. This is wrong. There is no re- a process of human cloning. And be- Genetics of Salt Lake City who were search that can ever justify the willful yond that, the issue is whether or not co-discoverers of a gene—the BRCA 1 technological manipulation and cre- it is morally permissible to clone gene—that causes some types of breast ation of human life through the process human beings. cancer. This issue demands the public atten- of human cloning for the furtherance of tion because it implicitly revolves science—or even for the preservation of Let me share with you a letter that I around the meaning of human dignity humanity. received from Dr. Ray White, the Di- and the inalienable rights that belong The White House doesn’t want a per- rector of the Huntsman Center. I ask to every person. manent ban—they want a limited mor- for unanimous consent that the text of But before discussing this in par- atorium. This indicates that they be- this letter be printed in the RECORD. ticular I think it is necessary to en- lieve there may be a use for this tech- There being no objection, the text of gage in a discussion on an even more nology as it relates to the issue of the letter was ordered to be printed in fundamental level. human cloning. But no such use exists. the RECORD, as follows:

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S604 CONGRESSIONAL RECORD — SENATE February 11, 1998 HUNTSMAN CANCER INSTITUTE, United States remains the world’s leader in — What should be the status of the Salt Lake City, UT, February 5, 1998. biomedical research so that our citizens may asexually-produced totipotent cells? Hon. ORRIN HATCH, continue to benefit from revolutionary What is the correct definition of an em- U.S. Senate, Washington, DC. breakthroughs in science. I know that you bryo? For example, is it the definition DEAR SENATOR HATCH: It has been brought share my belief that we have a responsibility to my attention that there is now pending to facilitate the advance of medical science used in the Report of the National Bio- legislation from the Senate leadership that in a manner that to the greatest extent pos- ethics Advisory Commission—that it is would make it a criminal offense to utilize sible respects the religious and ethical con- ‘‘the developing organism from the somatic cell nuclear transfer technology. cerns of a diverse population. time of fertilization until significant The intent of the legislation is to prevent I believe that there is widespread agree- differentiation has occurred, when the the cloning of humans. I agree completely ment that the cloning of human beings is un- organism becomes known as a fetus’’? and whole-heartedly with this intention. It desirable and should be stopped. However, in Would that definition preclude human would be a travesty and tragic ethical trans- achieving this end we must take care not to somatic cell transfer technology? gression to create cloned human individuals. cut off—unwisely and unnecessarily—vitally — What current authority does the important avenues of research. Dr. Raymond However, this technology is the basis for a government have with respect to tech- broad range of studies in biomedical research L. White, Director of the Huntsman Cancer and a ban would halt research in many areas Institute at the University of Utah, has niques which might lead to cloning that promise major benefits for mankind. voiced his concern about this matter: ‘‘It is human beings and human tissue? For example, injection of fetal brain cells important and possible to create legislation — Although there is virtual una- is thought to possibly provide benefits to in- that will achieve the desired goal of pre- nimity that cloning of human beings dividuals suffering from Parkinson’s disease. venting human cloning. I urge you to please should be banned at this time, what is Obtaining such cells from fetal materials can consider carefully the downstream negative the appropriate type of penalty for any create its own ethical dilemmas. It would be consequences of an overly broad legislative attempt at such an act? Should it be a far better to be able to reprogram the pa- stroke. By all means, let us outlaw human criminal penalty? If so, what type? Are tient’s own cells for this purpose. Nuclear cloning. But let us not eliminate promising transfer technology might well provide ways pathways of research that could relieve the criminal penalties instituted in S. to accomplish this desired goal without rais- human suffering.’’ 1601 the appropriate means of pre- ing such ethical issues. I am committed to legislation that pre- venting cloned humans? It is important and possible to create legis- vents human cloning but allows vital re- — How does the language of this bill lation that will achieve the desired goal of search to continue into areas such as Par- affect the ability to do further research preventing human cloning. I urge you to kinson’s Disease, Alzheimer’s Disease, diabe- on whether banning somatic cell nu- please consider carefully the downstream tes, and many cancers. You raised a number clear transfer technology would affect negative consequences of an overly broad of cogent points during our debate on Thurs- the ability of a woman with unviable legislative stroke. By all means, let us out- day. To better understand the operation of S. eggs to conceive children? 1601, I would appreciate it if you can provide law human cloning. But let us not eliminate — Precisely what types of research promising pathways of research that could your thoughts on the following: relieve human suffering. 1. S. 1601 does not define the term ‘‘em- could—and could not—be conducted Thank you very much for your attention. bryo’’. Do you believe that the initially cre- under this bill? Sincerely, ated single cell product of somatic cell nu- These are important issues that de- RAYMOND L. WHITE, clear transfer is an ‘‘embryo’’? Is there con- serve our full attention. Executive Director. sensus among scientists on this? All of us have family, friends and Mr. HATCH. I agree with Dr. White 2. What is the intent of S. 1601 with respect loved ones afflicted by some terrible to allowing, or disallowing, the creation of a disease. that we should try to find a way to ban one cell entity through somatic cell nuclear cloning of human beings but do so in a When we think about this bill we transfer to be cultured in vitro to produce need to think about people like Nancy way that allows, to the extent ethi- tissue intended to treat, cure, diagnose, or and Ronald Reagan as they battle cally proper, valuable research to con- mitigate diseases or other conditions? Spe- tinue. cifically, what types of research and develop- against Alzheimers. We need to think about Mohammed In these type of debates many of us ment activities would be permitted or pre- cluded? Ali’s battle against Parkinsons. value the opinion of my good friend We need to be sure that in locking off and colleague from Tennessee, Senator 3. S. 1601 does not define the term ‘‘somatic cell.’’ Do you consider fertilized eggs of the human cloning that we don’t do so in a FRIST. As a physician he brings a type used in mitochondrial or cytoplasmic way that throws away the key to many unique perspective to issues of science therapy ‘‘somatic cells’’? How are such other diseases. and medicine. He is also a co-sponsor of therapies treated under your interpretation Over the past few days, we have S. 1601, the bill pending before this of S. 1601? heard very compelling, heartfelt debate 4. What research and development activi- body. about this issue. Let me also share with you a letter I ties does S. 1601 preclude or regulate that are currently beyond the jurisdiction of the Some have expressed the belief that sent to Senator FRIST on this bill. It is Food and Drug Administration under current asexually-produced totipotent cells a short letter which I ask unanimous law, including its 1993 and 1997 jurisdictional are, in fact, an embryo, fully deserving consent to insert in the RECORD at this statements (58 Fed. Reg. 53248; 62 Fed. Reg. of the protections we accord to a point: 9721)? human life. There being no objection, the letter These questions involve novel and difficult Others have averred that these cells was ordered to be printed in the issues. I am certain that other tough ques- are not yet a human embryo, but rath- RECORD, as follows: tions will surface during the course of this er should be viewed as a very promising debate. It is because of your expertise in U.S. SENATE, tool which science should be allowed to these areas that I seek your guidance. Ac- COMMITTEE ON THE JUDICIARY, cordingly, I would greatly appreciate it if explore as we continue our quest to Washington, DC, February 6, 1998. you could detail your reasoning in respond- cure such devastating diseases as dia- Hon. BILL FRIST, ing to these inquiries. It would be most help- betes, cancer and AIDS. U.S. Senate, ful if I could learn your views prior to the Both sides hold very strong moral Washington, DC. cloture vote on Tuesday. convictions. There are extremely im- DEAR BILL: I am following the debate on Warmest personal regards, the human cloning bill very closely. My in- portant implications for both. ORRIN G. HATCH, terest is twofold: As Chairman of the Judici- This body must explore these funda- Chairman. ary Committee, I have a special responsi- mental questions. We must consider bility for considering any legislation such as Mr. HATCH. I think that these are the views of our scientific experts, S. 1601 that creates new criminal penalties. some of the important questions and ethicists, religious leaders, ethicists, In addition, my long-standing interest in the type of questions on which we need and men and women of medicine. biomedical research and ethics compels me to have consensus before we enact leg- Let me also add I am very troubled to understand a bill which has such far rang- islation: that this bill should have been consid- ing public health consequences. — What are the current capabilities ered in Committee where many of the As you know, throughout my career, I have always taken a strong pro-family and pro- of cloning, in animals and humans? fundamental issues we have been de- life stance, especially those relating to abor- Should we be focusing on banning a bating can be explored in more depth, tion and human reproduction. I have also technology, or technologies, or the re- especially since S. 1601 amends Title 18 spent considerable efforts to see that the sults of a technology. of the U.S. Code.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S605 This is obviously an important de- cell nuclear technology, the technique Director Harold Vamus stated that he bate, one which must be continued, and used to create Dolly. Scientists believe personally agrees with numerous polls therefore I will vote ‘‘yes’’ on the mo- that research using this technique evidencing the public’s opinion that tion to invoke cloture. might hold promise for a whole host of cloning human beings is ‘‘repugnant.’’ As we attempt to advance the public devastating human diseases. For this Indeed, Mr. President, the American health, we must do so in a way that reason many in the scientific commu- people are outraged by the hubris of a protects human life. I think we must nity are urging Congress to move cau- fringe element of the medical commu- work to craft legislation that achieves tiously in this area, lest overly broad nity wishing to pursue human both of these goals. legislation have unintended con- cloning—and they are demanding ac- Mr. GORTON. Mr. President, I intend sequences. Care in its crafting is, tion. In fact, some states have already to vote for cloture on the motion to therefore, imperative. introduced similar legislation to the proceed to Senator FRIST’S bill this Given the concerns raised by the sci- one before us that would ban human morning because I believe it is impera- entific community and patient groups, cloning. tive that we move the debate on human it is therefore prudent that we proceed Perhaps this debate over human cloning forward. The lightening pace of with caution and only after thorough cloning was inevitable because, for too scientific and medical advances, while consideration of the ramifications that long, our society has failed to stand on holding immeasurable promise, often may follow if we were to enact S. 1601, the principle that all life has value. No- leaves society unprepared to answer the bill before us today. This bill has where has the lack of respect for the moral and ethical questions that received not one hour of hearing before human life been more evident than in follow. The technology used to clone the appropriate committee. Who can the Supreme Court’s tragic Roe v. ‘‘Dolly’’ the now famous Scottish say with any comfort what the impact Wade decision in 1973—the infamous sheep, somatic cell nuclear transfer, may be on important research aimed at case; which established that unborn clearly should not be used to clone a dread diseases? Doesn’t important and children are expendable for reasons of human child; this is neither a moral potentially far reaching legislation convenience and social policy. Roe v. nor medically ethical procedure. Yet it such as this at least warrant hearings Wade presaged an era where science, is clear that the scope of possibility for before we proceed? This legislation technology and medicine are no longer this new technology has not been fully could have unintended and detrimental confined to work within the moral explored. It may hold the potential to consequences. boundaries erased by that ill-fated de- develop new lifesaving therapies for Let us now get down to hard work cision made twenty-five years ago. diseases that have historically plagued and take the time necessary to deter- I’m sure most Americans were mankind. Can we close the door on new mine how to go about banning the alarmed, as I was, when the Chicago opportunities to heal cancer patients, cloning of human beings in a clear and physicist, Richard Seed, expressed his those afflicted with Alzheimers, or precise way that will avoid the un- reasoning for wanting to clone a burn victims? wanted consequence of also banning human being. Mr. Seed, states that he Few of us in this body have back- important research intended to allevi- believes mankind should reach the ground in science, medicine, or medical ate the pain and suffering of victims of level of supremacy as our Creator. ethics. Yet we are being asked to make Alzheimers disease, Parkinsons dis- Mark my words, a society that permits decisions that have tremendous con- ease, and many types of dreadful can- modern medicine to sacrifice human sequences for the lives of every Amer- cers. dignity for the sole purpose of such ican. We are being asked to examine I will vote against invoking cloture self-glorification will not survive its some of our fundamental beliefs about on the motion to proceed to S. 1601, the own arrogance. life and the ethical use of science. We Human Cloning Prohibition Act. While Those having doubts need only to must be exceedingly cautious before I wish to register strong opposition to consult their history books. Evidence legislating in an area we admittedly cloning a human being, I also believe of this can be seen throughout the know little about. that bringing this recently-introduced course of history. It is instructive to I commend Senator FRIST for his legislation to the Senate floor for con- read the book of Genesis and the ac- leadership in bringing this issue before sideration without hearings by the ap- count about a group from Babylon who the Senate. I hope that we can reach propriate Senate committee, including became so enamored by technology consensus; that prohibiting the use of testimony from expert witnesses is a that they believed they could build a somatic cell nuclear technology to mistake. structure, the infamous Tower of produce a human child and promoting Mr. HELMS. Mr. President, the dis- Babel, that would reach into heaven. responsible biomedical research are not tinguished Senators BOND and FRIST The Lord punished the arrogance of mutually exclusive goals. But we can- are to be commended in introducing this civilization and disrupted their not do so unless we thoughtfully de- the underlying legislation to ban foolish work. bate the issue; we cannot ignore it. human cloning and the creation of Some may say this is a story of irrel- Mr. BYRD. Mr. President, in Feb- human embryos. Congress must make evance, but I believe it serves as a re- ruary 1997, scientists in Scotland were unmistakably clear that human life is minder of the ramifications to come if successful in producing a cloned sheep, too precious and valuable to be cheap- modern medicine is allowed to exceed named ‘‘Dolly.’’ This incredible event ened by a medical procedure which rep- beyond the moral boundaries and shocked the world and led to the real- licates human beings. human limitations set by God. We ization that, at some point, cloning Millions of Americans believe that should not be in the business of taking human beings might also be on the ho- human cloning is inconsistent with the away life or creating life unnaturally. rizon. Shortly after the announcement moral responsibility that is incumbent So, Mr. President, it is extremely im- about Dolly, my concern about the eth- upon modern medical technology. Put portant that the Senate pass this legis- ical and moral implications of cloning simply, so-called medical ‘‘advances’’ lation to outlaw human cloning. In human beings led me to cosponsor Sen- are not advances at all unless the dig- doing so, the Senate will heed the ator BOND’S bill, S. 368, that would pro- nity and sanctity of all human life are American people’s belief that this ob- hibit the use of Federal funds for re- preserved. It is meaningful, I think, jectionable procedure is a dangerous search on human cloning. I believe that the Senate’s only physician has precedent and a morally abhorrent use that, with the notable exception of Dr. sponsored this bill. I appreciate Sen- of medical technology. Richard Seed, who has announced to ator FRIST’s willingness to offer his Mr. COATS. Mr. President, I rise in the world his intention of cloning a medical expertise to the American peo- support of S. 1601, a bill that would end human being, there is broad agreement ple by setting the record straight about the cloning of human beings. I urge my that cloning humans is unacceptable the travesty of human cloning. colleagues to support and cosponsor on many grounds. Mr. President, the overwhelming con- this legislation. But, the successful cloning of sensus among professionals in the med- Many opponents of the bill will label ‘‘Dolly’’ has prompted scientists to ical industry confirms that human its supporters as anti-technology, anti- ponder other potential uses of somatic cloning is unethical and immoral. NIH science—seeking to return to the dark

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S606 CONGRESSIONAL RECORD — SENATE February 11, 1998 days of ages past. Such opponents have Proponents of cloning argue that in fore the Congress in years to come. conveniently seized on a notion that to the face of these possibilities, caution Let’s not set a precedent here today ban this emerging technological proce- is required. But while cloning pro- that we will deal with them willy- dure is to despise all science and ponents call for caution that protects nilly—by simply taking a position and progress. experimentation, the better course is voting without having given thought- Nothing could be further from the caution that protects the developing ful consideration to the issues in- truth. Just 80 days ago, two of the pri- human embryos that are inevitably volved. mary sponsors of this bill—Senators created by such technology. We need to act to ban the cloning of FRIST and GREGG—and I completed How in good conscience can we wait humans. But, before we act, we need three years of intense work on the FDA for the practical and ethical complica- more hearings and more discussion on Modernization Act, whose sole purpose tions of cloning to develop—to wait for how best to accomplish that. There- was to advance the health of patients Dr. Richard Seed to use methods that fore, I am voting against cloture on the by supporting and promoting the ex- unavoidably involve the destruction of motion to proceed. traordinary, life-saving work of high- living human embryos? Mr. DURBIN. Mr. President, I rise technology biotech companies and drug Perhaps in the meantime research on today to suggest that we should not be firms. It is too convenient—indeed, it animal cloning will result in the rushing to consider a bill that may do is dishonest—for opponents to charge cloning technology that can be used to far more than ban human cloning per- supporters of this cloning bill with develop human cell lines or tissue that manently. The Lott-Bond cloning bill being anti-science, anti-patient. is not derived from a developing human was only introduced last Tuesday and Indeed, we who believe human life to embryo or does not result first in the has been available for review for a very be one of the greatest gifts from our creation of such an embryo. Again, short period of time. The identical bill Creator, do not fear the development of until that day, caution is required— that was introduced by Senator BOND science and technology that protects caution in defense of life. was referred to the Judiciary Com- and improves that life. We know only S. 1601 ensures that the least among mittee and yet we have had no Judici- too well of the advances in medicine us receive our full recognition and pro- ary committee hearings on this topic and vaccines that have dramatically tection as members of human society. I to examine exactly what this bill does. reduced infant deaths. We have held urge passage of S. 1601. Is the bill really written to accomplish hearings in which extraordinary PET Mr. BIDEN. Mr. President, I want to its goal of banning the duplication of technology can reveal the workings of make it absolutely clear: I oppose the humans via this new technology? Or the prenatal and postnatal brain. We cloning of human beings. But, I am does it go much further than its stated have constituent companies whose voting against cloture on the motion goal? I don’t think that many of us fetal bladder stents now save the lives to proceed to the cloning bill because here on the floor of the Senate (myself of women and their children, when the bill and the issues the bill raises included) are well equipped to make death used to be a certainty. are not that simple. that determination without hearing But to admire, promote, and legislate I am voting against cloture because from experts in the field including sci- on behalf of patient-friendly tech- there has not been sufficient discus- entists, bioethicists, theologians and nology, and scientific achievement sion; there have not been sufficient others qualified to give us advice on does not require that we sacrifice all hearings; there has not been sufficient this very important matter. principle or that we abandon caution in consideration of what is a very com- It is also not clear as to why we are the face of serious questions about a plicated scientific issue. Legislation is rushing to consider this bill given that particular technology. supposed to be the end result of a proc- the FDA has already announced that it Few will disagree that cloning pre- ess; not the beginning of it. This bill, has authority over this area. In fact I sents this country with one of the most Mr. President, is far too premature. have a letter here in my hand from the disturbing and tantalizing scientific Yes, hearings were held last year FDA that explains that before any developments in recent time. after it was announced that Dolly the human cloning would be allowed to At once, it presents us with the op- sheep was a clone. But, those were ge- proceed, FDA would need proof that portunity to duplicate, triplicate, infi- neric hearings on the issue of cloning. the technology was safe. FDA will pro- nitely replicate the best that the world And, the bill before us is not—I repeat, hibit any sponsor of a clinical study has to offer; and it presents the threat not—a result of those hearings. This from developing this technology if ‘‘it of too much of a good thing—the loss of was a bill that was introduced a week is likely to expose human subjects to individuality and the end of the secu- ago, has never been the subject of a unreasonable and significant risk of ill- rity and utility inherent in diversity. hearing, and has never been considered ness or injury’’ or ‘‘the clinical investi- Indeed, the child is now created in our by a committee. gator was not qualified by reason of own image and not God’s. It becomes a Are the definitions adequate? Or, are their scientific training and experience product of the will and not the receipt they over broad? In the name of pre- to conduct the investigation.’’ The let- of gift. Who can predict the emotional, venting the cloning of a human being, ter goes on to say that ‘‘In the case of the psychological, or the spiritual con- are we hindering medical research that attempts to create a human being sequences of such a technolgy? might help in the battle against cancer using cloning technology, there are Cloning technology, so new to the and other diseases? Or, in the name of major unresolved safety questions. human experience, indeed considered allowing scientific research, are we Until those questions are appropriately just ten or fifteen years ago to be prac- opening the door to rogue scientists addressed, the Agency would not per- tically and scientifically unachievable, who will then find it easier to clone a mit any such investigation to pro- has received only scant attention from human? ceed.’’ the most distinguished, thoughtful, These are all very legitimate ques- The National Bioethics Advisory and expert-laden institutions in our so- tions that need answers. In the end, Committee recommended a five year ciety. Even today, cloning of humans is there may be significant differences moratorium on the use of this tech- still considered only a remote possi- over what the answers should be. But, nology to create a human being. Due to bility by means as yet untested and the problem here today, Mr. President, the time limit that they were under, only barely imaginable. is that we are not ready to be debating the committee was unable to focus on Because it differs so dramatically answers to these policy questions be- the issues beyond safety. They con- from in vitro fertilization and other cause we have not had a thorough dis- cluded that, at this time, the tech- methods of reproduction, we can cussion of the questions and the impli- nology was unsafe for use for the pur- scarcely begin to set forth some of the cations. pose of cloning a human being. They practical consequences: a reduction in With the pace of scientific advance- did not address the many ethical issues genetic diversity, long considered es- ment—scientific knowledge is now dou- involved with the use of this tech- sential to the species; an increase in bling about every five years—more and nology. The committee believed that deformities in the child. The possibili- more of these extremely complicated these issues were too complex to be ties are numerous and unexplored. bioethical issues are likely to come be- dealt with in such a short period of

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S607 time. Therefore, it is still necessary to tack victims and degenerative heart Mr. KENNEDY. How much time re- allow time for discussion about the disease; skin cells to treat burn vic- mains? ethical use or need for a specific ban on tims; neural cells for treating those The PRESIDING OFFICER. Thirty the use of this technology. suffering from neurodegenerative dis- seconds. To date, we have excluded Patient eases; blood cells to treat cancer ane- Mr. KENNEDY. Mr. President, I yield groups, physicians, scientists and other mia and immunodeficiencies; neural myself 30 seconds. I have too much re- interested parties from the discussion cells to treat Parkinson’s Huntington’s spect for my friend and colleague from of how this particular bill should be and ALS. The generation of stem cell Tennessee to let the comparison with drafted. Yet it is these very patients lines using an unfertilized egg as a host Hitler and science be used on the floor whose future hope for cures may be cut is far removed from the act of creating of the U.S. Senate in reference to our off by a bill if it is improperly drafted. embryos for research or creating a position on this particular issue with- I find it extremely troubling that we fetus for organ parts. In fact, it is the out comment. are rushing to consider a bill that exact opposite giving an avenue for Our position has been embraced by every patient advocacy group, doctor, therapies that involve the culturing of virtually every major research group in or scientist that has contacted my of- single cells from adult cells. Some of this country. This vote isn’t about a fice has either urged us not to pass or these therapies would actually result ban on the cloning of human beings. has asked us to consider in a more de- in fetal tissue no longer being nec- We have agreed on that principle. This liberative manner. Organizations such essary for the treatment of many vote is about preserving opportunities as: The American Heart Association, neurodegenerative diseases. Others for major advances in biomedical re- the Juvenile Diabetes Foundation might give hope to parents that con- search in this country. I hope the Sen- International, the American Associa- ceive children that have genetic dis- ate will vote ‘‘no’’ on cloture. tion for Cancer Research, the American eases, so that they are not faced with The PRESIDING OFFICER. The Sen- Society for Human Genetics, the Amer- the agonizing choice between termi- ator’s time has expired. nating a pregnancy or giving birth to a ican Academy of Allergy, Asthma and Mr. BOND addressed the Chair. severely disabled child. Immunology, the Association of Amer- The PRESIDING OFFICER. The Sen- ican Medical Colleges, the American I think that many of us do not really know what the full scope for this tech- ator from Missouri controls 20 seconds. Pediatric Society, the Cystic Fibrosis Mr. BOND. I yield that time to my- Foundation, the National Osteoporosis nology really is. It is possible that this technology may be used in a life en- self. Foundation, the Parkinson’s Action Mr. President, unfortunately, the Network, the AIDS Action Council, the hancing, life promoting manner. We should have a full hearings proc- misinformation about this bill has our American Academy of Pediatrics and 27 ess with opportunities to hear from opponents saying that human cloning Science Nobel Laureates. These organi- specialists in medical genetics, re- bans will hurt research. Show me one zations and individuals are dedicated searchers at NIH and other institu- mainstream scientist who is currently to finding cures for diseases. They are tions. We should listen to what the creating cloned human embryos to not advocates for unethical research. medical community has to say on fight these ailments. It is not hap- They are mainstream organizations treatment options. We should also hear pening. It should never happen. committed to finding cures for such from patient advocacy groups and all Science has given us partial-birth diseases as heart disease, strokes, spi- others that may have expertise in this abortions and Dr. Kevorkian’s assisted nal cord injuries, birth defects, asthma, area or be affected by the legislation at suicide. We should say no to these sci- diabetes, cancer, osteoporosis. These hand. Likewise, the area of assistive entific advances and no to the cloning are diseases that afflict millions of reproductive technology has become of human embryos. If you vote against Americans. Biomedical research may incredibly complex and we should lis- cloture, you are saying yes to human be some patients with these illnesses ten to bioethicists and religious leaders cloning. only hope. and their opinions which we surely CLOTURE MOTION For some, new technologies as yet value. Again, I wonder why we are The PRESIDING OFFICER. Under undeveloped may be their only hope. rushing here. What about the com- the previous order, pursuant to rule For instance, some of my colleagues mittee hearing process is the Repub- XXII, the Chair lays before the Senate may have heard the story of Travis lican leadership afraid of that? the pending cloture motion, which the Roy. Travis is now a 21 yr old college Some may argue that the announce- clerk will state. student at Boston University. Travis ment by the Chicago Physicist, Rich- The assistant legislative clerk read grew up in Maine and was an avid ice ard Seed of his intention to start as follows: hockey player. Unfortunately for Trav- cloning necessitates a rapid response. CLOTURE MOTION is during his first collegiate hockey However, Dr. Seed has no training in We, the undersigned Senators, in accord- game 3 years ago, 11 seconds in to the medical procedures nor in biology. He game, he collided with the wall and ance with the provisions of rule XXII of the does not have a lab for this purpose. He Standing Rules of the Senate, do hereby suffered a spinal chord injury that has does not have the venture capital and move to bring to a close debate on the mo- left him paralyzed with only a small in fact his home was recently fore- tion to proceed to S. 1601, regarding human amount of movement in his right hand. closed by the Bank. Thus to suggest cloning. Travis has written a book about his ex- that he will be cloning anything soon, Trent Lott, Christopher S. Bond, Bill periences and his fight for recovery. seems outlandish at best. By the FDA’s Frist, Spencer Abraham, Michael B. For people like Travis that have had stated criteria of an investigator need- Enzi, James Inhofe, Slade Gorton, Sam their spinal chords severely injured ing to demonstrate expertise, Dr. Seed Brownback, Don Nickles, Chuck Hagel, they look to new research that might Rick Santorum, Judd Gregg, Rod would clearly fail and thus would be Grams, Larry E. Craig, Jesse Helms, help them regenerate their damaged prohibited by FDA from proceeding. and Jon Kyl. tissue. As Travis so agonizingly stated One person’s far-fetched claims CALL OF THE ROLL recently: ‘‘All I want to be able to do is should not propel us into passing legis- to hug my mother.’’ lation that has not been adequately re- The PRESIDING OFFICER. By unan- Researchers hope that they may be viewed. As J. Benjamin Younger, Exec- imous consent, the quorum call has able to generate what are known as utive Director of the American Society been waived. ‘‘stem cells,’’ that is cells that can give for Reproductive Medicine has said: VOTE rise to lots of other cells, using the ‘‘We must work together to ensure that The PRESIDING OFFICER. The technology that the Lott-Bond cloning in our effort to make human cloning il- question is, Is it the sense of the Sen- bill seeks to ban. With continuing re- legal, we do not sentence millions of ate that debate on the motion to pro- search, those cells might be used to re- people to needless suffering because re- ceed to consideration of S. 1601, the pair injured spinal cords or damaged search and progress into their illness Human Cloning Prohibition Act, shall livers or kidneys or hearts. cannot proceed.’’ be brought to a close? Stem cell research could provide: The PRESIDING OFFICER. Who The yeas and nays are required under cardiac muscle cells to treat heart at- yields time? the rule. The clerk will call the roll.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S608 CONGRESSIONAL RECORD — SENATE February 11, 1998 The assistant legislative clerk called gard to this nomination—we still have The PRESIDING OFFICER. Without the roll. to clear it with Senators on both sides objection, it is so ordered. Mr. NICKLES: I announce that the of the aisle—that would allow us to an- Mr. FEINGOLD. Mr. President, I ask Senator from Virginia (Mr. WARNER) is nounce some action in regard to this unanimous consent to speak as in necessarily absent. nomination within the next couple of morning business for 10 minutes. Mr. FORD. I announce that the Sen- hours, we hope certainly in the early The PRESIDING OFFICER. Without ator from Michigan (Mr. LEVIN) is nec- afternoon, and then it would be our in- objection, it is so ordered. essarily absent. tent to go to the Morrow nomination. f I further announce that the Senator We have been working on a time agree- THE PRESIDENT’S PROPOSED from Nevada (Mr. BRYAN), is absent due ment, and we will enter a request as to BUDGET to illness. exactly when that would be debated Mr. FEINGOLD. Mr. President, I rise I also announce that the Senator and for how long. It is our intent to today to offer some initial comments from Nevada (Mr. REID), is absent at- have a vote on that nomination at a on the President’s proposed budget for tending a funeral. reasonable hour this afternoon—not to- fiscal year 1999. As with any budget, I further announce that if present night. there will be occasion to discuss and and voting, the Senator from Nevada Mrs. BOXER. Will the Senator yield? debate the many individual provisions (Mr. BRYAN), would vote ‘‘no.’’ Mr. LOTT. Yes, I yield. The PRESIDING OFFICER (Mr. Mrs. BOXER. Several Senators on it contains. I have already heard some INHOFE). Are there any other Senators both sides of the aisle have been trying legitimate concerns voiced about some of the provisions from both sides of the in the Chamber desiring to vote? to get a time certain for the Morrow aisle, and I very much look forward to The yeas and nays resulted—yeas 42, nomination. I wonder if the distin- working with my colleagues on the nays 54, as follows: guished majority leader would consider Budget Committee to fashion what I [Rollcall Vote No. 10 Leg.] offering a unanimous consent request hope will be the second consecutive bi- YEAS—42 so we can at least know how to plan partisan budget agreement. Abraham Faircloth Kyl our day? We have already thought it Allard Frist Lott Despite the many issues surrounding was happening this morning. individual provisions, though, we have Ashcroft Gorton McCain Mr. LOTT. We would like to be able Bond Gramm McConnell to acknowledge what a historic mo- Brownback Grams Murkowski to do that. I think the best way to get ment this is. The President’s budget is Burns Grassley Nickles a unanimous consent agreement is to historic. For the first time in 30 years, Coats Gregg Roberts continue to work with Senators on all Cochran Hagel Santorum a President has submitted a unified Coverdell Hatch Sessions sides. My intent would be that we enter budget that actually balances. That is Craig Helms Shelby into an agreement to begin as early as an achievement worth noting and not- D’Amato Hutchinson Smith (NH) possible and to get a vote not later DeWine Hutchison Stevens ing again. While many of us believe we Domenici Inhofe Thomas than 6 o’clock. If for some reason we have a way to go before we can talk Enzi Kempthorne Thompson could not get that agreement, then we about having a genuine balance, it is NAYS—54 would have to have that vote tomorrow fitting to pause for a moment to ac- morning, but I believe we can work Akaka Feingold Lugar knowledge the tremendous progress Baucus Feinstein Mack with the interested Senators on both that has been made. Bennett Ford Mikulski sides and get this agreement worked The President’s proposal also marks Biden Glenn Moseley-Braun out. As soon as we do, hopefully even the end of one budget era and, I think, Bingaman Graham Moynihan Boxer Harkin Murray by noon, we will enter the request. I really the beginning of a transition pe- Breaux Hollings Reed think it would be something everybody riod that may require changing some of Bumpers Inouye Robb will be comfortable with. our budget rules, and I will have more Byrd Jeffords Rockefeller Mr. SPECTER. If the distinguished Campbell Johnson Roth to say on that subject in the coming Chafee Kennedy Sarbanes majority leader would yield to me, weeks. It is also worth remembering Cleland Kerrey Smith (OR) there have been discussions about a how far we have come and how we Collins Kerry Snowe time. There are 4 hours. I was just dis- reached this important benchmark. Conrad Kohl Specter cussing with our distinguished col- Daschle Landrieu Thurmond First and foremost was the 1993 deficit Dodd Lautenberg Torricelli league from Missouri—I see he has left reduction package. That was one of the Dorgan Leahy Wellstone the floor so I will say nothing further. toughest votes I think many of us have Durbin Lieberman Wyden I hoped we might set that vote for 2:30, ever taken in this legislative body. It NOT VOTING—4 but I will let it ride. wasn’t pleasant and it wasn’t supposed Bryan Reid Mr. LOTT. I don’t think we can do it to be pleasant. As we have found, there Levin Warner that early, but we will work with ev- just is no painless solution to the def- The PRESIDING OFFICER. On this erybody here in the next few minutes. icit, and we had to take a different vote, the yeas are 42, the nays are 54. If we could get it done right away, we kind of step. In fact, Mr. President, it Three-fifths of the Senators not having will do it, but certainly we want to do was the very toughness of that 1993 voted in the affirmative, the motion is it this morning if at all possible. package that told me it was worth sup- rejected. I will continue to consult with the porting. Let me also say that last f Democratic leader, and we will make year’s bipartisan budget agreement that request soon. also contributed to the effort. I repeat EXECUTIVE SESSION I yield the floor. my admiration for the work done by Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The the chairman of the Budget Com- imous consent the Senate resume con- clerk will report the nomination. mittee, the Senator from New Mexico, sideration in executive session to de- The legislative clerk read the nomi- Mr. DOMENICI, and also the ranking bate the nomination of Frederica nation of Frederica A. Massiah-Jack- member, the Senator from New Jersey, Massiah-Jackson. son, of Pennsylvania, to be United Mr. LAUTENBERG, who worked so hard The PRESIDING OFFICER. Without States District Judge for the Eastern to make that agreement possible. objection, it is so ordered. District of Pennsylvania. Mr. President, I wish that agreement f Mr. BYRD. Mr. President, I suggest had gone further. As I have noted on the absence of a quorum. other occasions, I really wish we had NOMINATION OF FREDERICA A. The PRESIDING OFFICER. The refrained from enacting that fiscally MASSIAH-JACKSON, OF PENN- clerk will call the roll. irresponsible tax package last year. If SYLVANIA, TO BE U.S. DISTRICT The assistant legislative clerk pro- we had, the unified budget would have JUDGE FOR THE EASTERN DIS- ceeded to call the roll. actually reach balance earlier. Never- TRICT OF PENNSYLVANIA Mr. FEINGOLD. Mr. President, I ask theless, both of those efforts helped Mr. LOTT. Now, Mr. President, we unanimous consent that the order for bring us to where we are today and all are working on an agreement with re- the quorum call be rescinded. concerned deserve praise.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S609 Mr. President, in addition to the no- It was taken off budget for this very minutes to be equally divided between table accomplishment of submitting a reason; namely, the decision by Con- myself and the Senator from Maine, balanced unified budget, the President gress to forward fund Social Security Senator COLLINS. also cautioned Congress not to spend by raising additional revenues in the The PRESIDING OFFICER. Without the unified budget surplus that is pro- near term to ensure the long-term sol- objection, it is so ordered. jected, but instead to use those funds vency of the program. Ms. SNOWE. Thank you, Mr. Presi- to protect Social Security. I think this Mr. President, I urge all of my col- dent. is one of the better statements we have leagues to choose their use of the word f had in a long time with regard to not ‘‘surplus’’ very carefully. The problem THE ICE STORM OF 1998 only fiscal responsibility, but also our with the use of the word, or the overuse responsibility to future generations of the word, is that it encourages a way Ms. SNOWE. Mr. President, I am that hope to obtain the benefits of the of thinking which may jeopardize not pleased to join my colleague, Senator COLLINS, to discuss the unprecedented Social Security for which they have al- only the work that we have accom- and historic storm in the State of ready been paying. plished over the past 5 years but also The President’s admonition in this Maine several weeks ago. the additional work that must be done Mr. President, every once in a regard may have been just as impor- to put our Nation on a firm financial tant as his achievement in proposing a while—maybe only once every 100 years footing. or more—an event happens that truly balanced unified budget. The President The use of this term improperly en- is absolutely right in urging that any tests the strength of a people and the courages the kind of ‘‘business as depth of their spirit. It is an event that unified budget surpluses not be spent. usual’’ policies that promise imme- strips away comforts and security and But while I strongly agree with his sen- diate gratification while putting off pretense and reveals for all to see the timent, I approach this issue from a tough budget-cutting decisions until true nature of those whose lives it has little different perspective. Again, later. in its grip. In my home State—the there are many of us who do not view Mr. President, it is kind of like buy- State of Maine—that event began on the unified budget as the appropriate ing an expensive Valentine’s Day gift January 5 and is now known as the measure of our Nation’s budget. In par- for your sweetheart and then charging Great Ice Storm of 1998. ticular, I want to acknowledge two of it to her credit card. As shown here in this photograph, my colleagues on the Budget Com- That is not the way to do business. you can see the ice that covers the mittee, the Senator from South Caro- That is hardly an honest approach to streets with the trees over the car. It lina, Mr. HOLLINGS and the Senator budgeting either. wasn’t just one area of the State. This from North Dakota, Mr. CONRAD, for Mr. President, the challenge before really replicated almost the entire their consistent warnings on this issue us now is to move quickly toward State in terms of the devastation of of how we calculate and determine and eliminating the on-budget deficit, bal- this storm. speak about what is really a balanced ancing the budget without using Social As you would imagine, we are no budget. Security trust funds, and in so doing to strangers to a little winter weather. Mr. President, the unified budget is begin the very important process of But this storm was like nothing any- not the budget which should guide our bringing down and paying down our na- one had ever seen before. By the time policy decisions. The projected sur- tional debt. five days of sleet and freezing rain had pluses in the unified budget are not Mr. President, we have to play it worked their misery on the state, real. In fact, far from surpluses, what straight with the American people. We Maine was under a sheet of ice more we really have are continuing on-budg- need to give them an honest balanced than two inches thick, and Mainers et deficits masked, in part, by Social budget. suddenly found themselves without Security revenues. Now, this distinc- I very much hope this body will act power, without heat, and facing a life tion is absolutely critical. The very to put us on that path this year, and I more closely resembling one from 1898 word ‘‘surplus’’ connotes that there is very much look forward to working than 1998. some extra amount of money or bonus with other members of the Budget The State was devastated by this un- around. One definition of the word sur- Committee to ensure that we really do precedented storm and many areas plus is, ‘‘something more than, or in reach an honest balanced budget. were described as resembling a ‘‘war excess of, what is needed or required.’’ Mr. President, I yield the floor. zone.’’ At its peak, the storm knocked Mr. President, the projected unified Ms. SNOWE addressed the Chair. out electrical power to an estimated 80 budget is not more than or in excess of The PRESIDING OFFICER. The Sen- percent of Maine’s households—and a what is needed or required. Those funds ator from Maine is recognized. week later, about 137,000 people were are required. Those funds are spoken Ms. SNOWE. Thank you, Mr. Presi- still without power. Schools and local for. In this regard, I take just slight ex- dent. governments ground to a halt. Over the ception to the President’s characteriza- f weekend as the storm finally abated, tion that we should use the surplus to over 3,000 people sought refuge in 197 protect Social Security. Some could UNANIMOUS-CONSENT AGREE- shelters and two days later there were infer from his comments that the MENT—NOMINATION OF MAR- still over 2,000 Mainers staying in 111 President has chosen, from various al- GARET MORROW shelters across the State. And in the ternatives, the best or most prudent Ms. SNOWE. Mr. President, as in ex- end, all of Maine’s 16 counties were de- option for using surplus funds. I am ecutive session, I ask unanimous con- clared federal disaster areas. afraid people will look at it that way sent that at 1 p.m. today the Senate As you can see here, another sign and, certainly, from the perspective of proceed to executive session to con- that shows the kind of pleas that were the unified budget, it is arguably the sider the nomination of Margaret Mor- made by residents all across this State, best and most prudent option, if we row and a vote occur at 6 p.m. this saying, ‘‘Power, please. Our trans- really had surpluses. But, Mr. Presi- evening with the time equally divided former was taken away on Thursday.’’ dent, those of us who see the unified between Senators HATCH and ASHCROFT People lost their power for up to 2 and budget as merely an accounting con- or their designees. 3 weeks. venience do not believe this is an alter- This request has been cleared by the The Chairman of the historical com- native or an option. To repeat, Mr. minority. mittee of the American Meteorological President, those revenues are already The PRESIDING OFFICER. Without Association, who also happens to be an spoken for. They were raised by Social objection, it is so ordered. associate professor of science, tech- Security for future use. f nology and society at Colby College in Mr. President, we have various trust Waterville, MA, summed it up best: funds in our budget, but Social Secu- ORDER OF BUSINESS ‘‘So far this century there has been rity is unlike most other trust funds, Ms. SNOWE. Mr. President, I ask nothing like it . . . It will probably and it is unlike the others in this re- unanimous consent to proceed as if in make the meteorological textbooks—as spect: It is by law ‘‘off budget.’’ morning business, and I ask for up to 30 one of the biggest storms ever.’’

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S610 CONGRESSIONAL RECORD — SENATE February 11, 1998 I traveled Maine extensively in the And Paul was not alone. In the Town In Augusta, local Public Works em- wake of the ice storm, and I was over- of Albion, farmer Peter Door trucked a ployees logged, on average, an 80 hour whelmed by the extent of the destruc- portable generator from farm to farm week, with some as high as 102 hours. tion, as we see here another photo of and slept in his truck while dairy farm- The Maine Department of Transpor- all the downed poles. That is exactly ers milked their cows. In Fairfield, tation spent $600,000 in overtime in one what happened all across the State. Town Manager Terry York was moved week and in that same time they used You can see the condition of the road. to tears when talking to the Bangor 54,000 cubic yards of sand and 5,000 tons But it was a total destruction of the Daily News about the volunteers who of salt to the tune of another $600,000. forests, the pole lines, as well as the helped residents through the crisis. And the International Brotherhood of telephone poles across the State. Out of state crews found Mainers’ at- Electrical Workers worked with my of- Three-quarters of the State, as I said, titudes remarkable. One member of a fice to coordinate their volunteer ef- was affected by it. Massachusetts crew that put in two forts to help reattach damaged en- Trees and branches felled, power weeks of 16 hour days restoring power trance service cables on residences lines snaked across ice-encrusted to the towns of Otis and Mariaville throughout the state so that the power streets and major utility structures said, ‘‘When I left there, I was proud to company could re-energize the homes. crumpled as if made of tin-foil. In fact be a lineman. My hat goes off to the (In one weekend, Local 567 helped put about 50 such structures, an eight-mile people of Maine. They’re really a spe- 75 houses back in shape so the power stretch carrying the major electrical cial breed.’’ The same lineman said he could come on and families who had line into Washington County—the east- never heard an angry word, even done so long without heat could once ernmost county in Maine and the though many residents had gone over a again be warm.) United States—were destroyed. week without power and heat. In fact, Those dedicated IBEW workers pro- The owner of that line, Bangor people offered the linemen food and vided help where it was most needed, Hydro, needed 170 utility poles and even hosted a public spaghetti dinner and I applaud these dedicated teams of 144,000 feet of 115,000 volt transmission for the crews. electricians who donated their time, line just to repair the eight miles of Indeed, throughout the state, people supplies, and skills to make vital re- downed lines that left 10,000 Wash- took strangers into their homes, pairs across the state. Indeed, it was an ington and Hancock County residents brought food to elderly residents un- honor for me to spend time in the field without power. Central Maine Power, able to get out, looked after the homes with some of these unsung heroes to let the other major power company in the of those who were away, and cooked them know how much I appreciate and state, estimated that 2 to 3 million feet meals at local shelters. Maine’s potato admire their selfless efforts. of power lines fell—2,000 utility poles growers gave away truckloads of pota- Finally, I want to thank all the vol- had to be replaced as well as 5,250 toes to those in need of food, radio sta- unteers who—in the face of their own transformers. tions fielded calls from residents shar- difficulties—took the time to help oth- Between 1,200 and 2,000 National ing vital information and advice, and ers affected by this unprecedented Guard soldiers were called to active television stations banded together to storm. (We may never know their duty, and 200 Army and Air National raise over $115,000 for Red Cross relief names or their faces, but we know Guard personnel helped clear the roads. efforts. what they have done and we are very, Central Maine Power had crews of My deepest gratitude goes to all very grateful.) more than 2,500 line and tree-trimming those who made life a little easier for It is a credit to Maine people that we workers on the job. And Maine hosted others during this most trying of coped as well as we did and made line crews from Maryland, Massachu- times. In particular I want to recognize speedy progress in recovering and re- setts, North Carolina, Florida, Penn- and extend my profound gratitude to building. Everyone pulled together sylvania; New Jersey; Connecticut; the outstanding Red Cross officials and from Governor King to town officials Washington, D.C.; New Hampshire; and the over 1,800 volunteers who did an in- to the Brotherhood of Electrical work- New Brunswick, Canada. credible job of organizing shelters and ers. But it was clear that we still need- Broken trees and broken power lines delivering vital emergency services, as ed help. We are an independent people littered the Maine landscape as far as well as the dedicated men and women and proud to solve our own problems, the eye could see. But I discovered one of the National Guard who did not hesi- but this time even we couldn’t do it thing in my travels that was never bro- tate for a moment to provide assist- alone. That is why the federal govern- ken—one thing that may have been ance. Also the outstanding employees ment’s response to this disaster was stronger after the storm than before— of the Maine Emergency Management and is so important. and that is the spirit of Maine’s people. Agency who deserve recognition for The Vice President’s personal tour of That is why I am speaking here today, their timely and professional response Maine in the wake of the disaster Mr. President. Mainers faced the tre- to the disaster. spoke to the magnitude of the chal- mendous challenges this storm pre- Again, you see what linemen crews lenge we were facing. I appreciate the sented with resolve and a caring spirit did here in working on these downed Vice President’s visit and the Presi- which is truly remarkable and which power lines, as I said, and which was dent’s prompt declaration of 16 Maine makes me very proud to call Maine pervasive all over the State on miles counties as federal disaster areas. home. and miles and miles of line. This declaration opened the door to a Everywhere I went I heard stories of I also want to extend my sincere ap- variety of assistance, and it is esti- neighbors helping neighbors: people in- preciation to the men and women on mated by the Federal Emergency Man- viting strangers into their homes so utility crews from Maine and from agement Agency that about 300 Maine that they might be warm, lending a throughout the country who toiled day towns and non-profit organizations will hand with fallen trees so that they and night to clear roads and rebuild a seek public assistance from the agency. might be cleared and sharing advice so crippled power grid. These dedicated I am pleased that FEMA has estab- that no one would feel alone. Rising individuals worked incredible hours lished field offices in Maine to assist from the devastation left in the and in terrible weather conditions to Mainers who are still trying to put storm’s wake was a tide of generosity bring the state back on line. They are their lives back together and I expect and giving emblematic of Maine peo- truly unsung heroes and I thank them they will remain in the state for some ple, and it was deeply heartening to for their tireless work. time. know that such compassion is alive and Indeed, to give you some idea of the Because the fact is, the repercussions well in America. magnitude of the effort, in one in- of this storm will be felt long after the Paul Field Sr. and his son, both of stance Air Force cargo planes made 13 ice melts and the first blossoms of Bridgton, worked tirelessly and vir- trips between North Carolina and spring make their way north. Dairy tually without sleep for 10 days cutting Maine to bring 50 fresh crews and 47 farm losses continue to mount and branches, clearing roads, fighting fires, bucket trucks to lend a hand. It took state agricultural officials may not draining pipes, helping neighbors and 5,000 people to carry out the logistics know for months the full impact of the moving generators to where they were at an estimated cost of this single op- storm on the industry. Utilities are es- most critically needed. eration of $1 million. timating that their costs will top $70 to

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S611 80 million. The State of Maine esti- Mr. BYRD. I thank the distinguished to close due to the lack of power. Peo- mates that they need the release of $12 Senator. ple took to placing signs in the snow million in LIHEAP funds to help those Mr. President, I ask unanimous con- with arrows pointing to their homes who normally don’t use the funds but sent that on the completion of the re- reading ‘‘No Phone No Power.’’ Even will sign up this year, and to defray the marks by Senator COLLINS, Senator the National Weather Service located costs of buying generators for those el- CLELAND be recognized for 5 minutes, in Gray, ME, lost power for over a igible. that I be recognized then for 20 min- week and had to rely on a not-so-reli- Small businesses across the state utes, and that my colleague, Senator able generator to track the latest have been reeling from lost business— ROCKEFELLER, be recognized for 10 min- weather developments and to help keep as of last week the Small Business Ad- utes to speak out of order. Mainers safe and informed. ministration has taken 450 applications The PRESIDING OFFICER. Without These pictures of a twig and a tiny for low-interest loans from individuals objection, it is so ordered. blade of grass covered with 2 inches of and businesses, and awarded loans of Mr. BYRD. Mr. President, I again ice were taken on the lawn adjacent to $173,000. And overall, FEMA has consid- thank the Senator. the National Weather Service office. As ered 20,869 applications for individual The PRESIDING OFFICER. The Sen- you can see, telephone poles were and family grants, 10,085 applications ator from Maine. snapped in two, trees were coated by for disaster housing, 9,849 applications Ms. COLLINS. Mr. President, I rise ice. for SBA home and property loans and today to join my colleague, the senior Mr. President, this is literally a 4,410 applications for SBA business Senator from Maine, to describe just blade of grass. We have a closeup that loans. some of what the people of Maine have I am going to show you next on this. This tremendous need for assistance experienced in recent weeks, namely, This shows you just how amazing the must be met, and that is why I will the worst natural disaster in our ice was from this storm. A single blade continue my efforts in conjunction State’s history. The ‘‘Ice Storm of the of grass is photographed here encased with my colleague from Maine, to en- Century,’’ as we refer to it in Maine, with ice. sure that Maine people have rapid and began innocently enough with a light Adding insult to injury, on Saturday, efficient access to the assistance that rain on Wednesday, January 7. By the January 25, just as Mainers had begun will become available over the days time it let up 4 days later, however, the to return to life as usual, a second ice and weeks ahead. storm had encased the State in a layer storm hit, knocking out power to Mr. President, we are working with of ice up to 10 inches thick and left 165,000 Mainers and crippling the elec- the other States who were hit by the well over $100 million in damages in its tric grid in a region that had managed storm—Vermont, New Hampshire and wake. to come through the first storm rel- New York—on a supplemental funding When all we need to do to restore atively unscathed. package to help our states recover power is to flip a switch in our fuse By all accounts, the worst of natural from the devastation of the ice storm. boxes, it is very easy to take for grant- disasters brought out the best in The fact remains that we still must ob- ed just how essential power is to every Mainers. Volunteers flocked to shelters tain an emergency release of LIHEAP aspect of our lives. Electricity allows to lend a hand and to help serve meals. funds, we still must acquire supple- us to cook our meals, heat our homes, The State’s television stations joined mental assistance to help prevent and communicate with our neighbors forces to raise money for the Red Maine’s ratepayers from having to foot and our friends. From the second we Cross, and our radio stations and news- all of the utility bill, estimated to be wake up in the morning, usually from papers provided practical tips and en- $80 million; and the U.S. Forest Service the buzz of an electric alarm clock, couragement to help keep up the spir- estimates that it will cost $28 million power plays an integral role in our its of Mainers during our worst natural to clean up the more than 7 million daily lives. Think for a moment of ev- disaster. Heartwarming stories of peo- acres of working Maine forest which erything that you are able to do today ple with little or nothing giving all has suffered moderate to severe dam- so far because of power. Then just that they could were commonplace age; for making our farmers and our imagine how you would cope without during this tragedy. For 10 straight small businesses whole again and for power for 10 days or even longer as days, for example, one man opened his the additional costs our states have many Maine residents had to do. This home to his neighbors every single identified that they cannot cover. ice storm was the single most dev- night, housing the elderly and infants My colleagues from the Northeast astating natural disaster to hit Maine in his town and helping to remove the and I and my Maine congressional dele- in recorded history. Over 800,000—that heavy branches from roads and from gation have started working with the is approximately 7 out of 10—of our his neighbors’ driveways. Appropriations Committee to assure residents lost power for at least some On a personal note, when I ran out of that supplemental funding to meet the part of the storm, some for as long as wood after my fourth day without needs of our States can be included in 2 weeks or even longer. power, a neighbor quickly came to the the first supplemental funding bill As you can see from these pictures, rescue to help keep my pipes from which the committee will begin work Mr. President, power lines, telephone freezing. Acts of kindness like this one on early next month. poles and trees were snapped in two by As many of my colleagues know, we exhibited by my neighbor were re- the massive onslaught of ice. This is a have faced the challenges posed by dis- peated over and over again in countless picture that appeared in the Bangor asters in their own States. They recog- communities throughout the State. Daily News of power lines and of poles, nize how important this additional as- One in particular touched me deeply. telephone poles, and as you can see the When I was visiting the Red Cross sistance is to their States, and I hope tops of them have been sheared off by shelter in Bangor at the Air National that we can get this assistance as the massive weight of the ice. Guard base, I talked with an elderly quickly as possible in order to ensure a Mr. President, I grew up in northern woman in a wheelchair who had been quick and full recovery from the im- Maine. I am very used to mighty win- forced to leave her home because of the pact of this historic disaster. I thank the Chair. I yield the floor. ter storms but never, never in my life, storm. She was obviously a victim of a Ms. COLLINS addressed the Chair. have I experienced a storm like this stroke and was unable to move much of The PRESIDING OFFICER (Mr. one. As I looked out from the window her right side. In addition, it was obvi- HUTCHINSON). The Senator from Maine. of my home in Bangor, limbs from my ous that she was a person of very mod- Mr. BYRD. Mr. President, will the favorite maple tree in the front yard est means. Nevertheless, she said to distinguished Senator from Maine, Ms. came crashing down on my roof and me, ‘‘Could you help me by reaching COLLINS, yield just for a unanimous against the picture window in my liv- into my pocketbook. I have $2 there consent request? ing room. Transformers lit up the that I would like to donate to the Red Ms. COLLINS. I would be happy to night with blue sparks as ice brought Cross.’’ yield. them tumbling down as well. And I was Mr. President, that is the kind of The PRESIDING OFFICER. The Sen- much more fortunate than many Maine spirit, of generosity and kindness that ator from West Virginia. residents. Many businesses were forced characterizes Maine people. Even in

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S612 CONGRESSIONAL RECORD — SENATE February 11, 1998 her dire situation, this woman was able larly hard hit. In addition, because of the American people based on specific to think of people less fortunate than the countless downed trees and limbs, usage, and we have been entrusted with herself. That spirit of kindness and some of the 11 million acres of dam- the responsibility of ensuring that in generosity helped us to survive the aged forest lands will remain vulner- the case of transportation the tax- ‘‘Ice Storm of the Century.’’ able to fire and to insect attacks for payers’ gas tax dollars are used for our Unfortunately, while kindness and years to come. Neighbors, Government great country’s critical infrastructure good will and generosity and a sense of agencies and nonprofit organizations needs. community helped us to get through rallied to the support of the hundreds Unlike the Senator from West Vir- the worst of the storm, they alone can- of thousands of Mainers displaced by ginia, I am not an expert on the Roman not complete the recovery. the ice storm, but it will take a strong Republic and the Roman Empire, but I Mainers experienced serious financial commitment from the Federal Govern- am a student of history, and I believe and property losses as a result of the ment for Mainers to truly complete the that ancient Rome was one the world’s storm. Early estimates put the dam- process of putting their homes, their earliest and most successful civiliza- ages to homes, businesses, utilities and bases and their communities back to- tions. Some scholars would say it was public property at well over $100 mil- gether. good government that allowed the em- lion, and it is still growing. The esti- Vice President GORE’s tour of the pire to survive as long as it did. mated cost of repairs to Maine’s power hardest-hit areas and the prompt as- Others believe that it was the grid alone is a staggering $70 million, sistance of FEMA, HUD and SBA dem- strength of the Roman army. In my and that is money the ratepayers of onstrate the Federal Government’s opinion, one of the most enduring leg- Maine will have to bear unless there is concern for Mainers and their commit- acies of the Empire, carried on in our assistance forthcoming from the Fed- ment to recovery efforts. But addi- American civilization today, is the eral Government. tional help is needed. So as we enjoy practice of building roads to facilitate However, simply attaching a dollar the comfortable spring-like tempera- commerce and defense. America’s amount to the damage fails to provide tures in Washington, DC, I urge my transportation system is the envy of a true picture of the devastation expe- colleagues not to forget the Mainers the world and so is the commerce it fa- rienced by virtually the entire State of buried in ice and snow. I hope that my cilitates. I’ll add that the Roman Em- Maine. To give you a more vivid idea of colleagues will remember these statis- pire was once the envy of the world the destruction of the ice storm of 1998, tics and the photographs that the sen- too. Where is it now? With apologies to I want to share some statistics with ior Senator from Maine and I have Gibbon, maybe their government failed my colleagues. shown you today in the coming weeks to pass its transportation funding in a During this ice storm, 7 out of 10 as we join with other members of the timely fashion. Mainers lost power, some for as long as Maine delegation in asking for my col- By delaying the reauthorization of 14 days; schools across the southern leagues’ assistance through a supple- this multibillion-dollar ISTEA funding and central portion of the State closed mental appropriation for disaster re- we put at jeopardy not only commerce for many days, some for over 2 weeks; lief. and defense but the very lives and live- all of Maine’s 16 counties were declared I thank the Chair. I yield the floor. lihoods of those who send us here. Re- Federal disaster areas; at just one hos- The PRESIDING OFFICER. Under cently I was contacted by a Georgia pital in central Maine, more than 80 the previous order, the Senator from hospital on a different matter, but it people were treated for carbon mon- Georgia is recognized. did concern a road project in Georgia. oxide poisoning, 4 people, unfortu- Mr. CLELAND. I thank the Chair. They made the case for the need for a nately, died of carbon monoxide poi- f particular transportation corridor and soning; thousands of families were stressed the difficulty their emergency INTERMODAL SURFACE TRANS- forced into more than 100 emergency service vehicles were having in this PORTATION EFFICIENCY ACT RE- shelters across the State, hundreds of area. When we put off, day after day, AUTHORIZATION thousands of others spent the night action on this legislation, we impede, with their families, with family mem- Mr. CLELAND. Mr. President, I and sometimes, stop action on projects bers, neighbors or friends; more than 11 would like to speak today in support of which may be critical to an area’s million acres of Maine’s forest lands— the reauthorization of the Intermodal economy, or vital for highway safety. that is more than half of the State’s Surface Transportation and Efficiency Many Senators, Democrat and Re- total—were damaged by the storm. Of Act, better known as ISTEA. More im- publican, North and South, East and this total more than 3 million acres are portantly, I am here today to add my West, have all made the case that we classified as severely damaged; 1,200 voice to that of the distinguished sen- need to take up ISTEA legislation, and utility crews from as far away as Nova ior Senator from West Virginia, who I respectfully join those colleagues in Scotia to North Carolina were sent to has made an eloquent and persuasive urging prompt action. We must take up Maine to help restore power lines. We case for bringing this legislation to the this legislation now. That was the are very grateful for that assistance; floor for consideration at the earliest promise that was made to the Amer- our telephone company, Bell Atlantic, possible opportunity. ican people. dispatched 625 fieldworkers, several of That I believe was the commitment When we make commitments, Mr. whom were on loan from other States; the Senate made to the American peo- President, we must stick to them. We in a remarkable development, the De- ple prior to our early adjournment last simply cannot be a body of continuing partment of Defense actually airlifted year. In the last several days, I paid resolutions. That is not good govern- bucket trucks and power crews to help close attention to that said by my col- ment and it does not serve the people us with the repairs; manufacturers of leagues, many of whom in the Senate well. I know the leadership has heard electric parts from as far away as Ala- have commented on this matter. I about this a great deal the last 2 bama worked overtime for 10 days to would like to make just a few observa- weeks, but I must respectfully request help meet our power company’s needs; tions. that we take up this legislation now; 3 million feet of electrical cable were One of the most striking aspects of let’s bring this matter to the floor now. irreparably damaged and nearly 3,000 the debate which is apparently delay- Mr. President, ISTEA legislation is utility poles had to be replaced. Think ing the Senate’s consideration of important to our largest cities and our of how sturdy a utility pole is. We lost ISTEA is that it is taking place at all. smallest communities alike. It’s about 3,000 of them during this storm. It is not all that uncommon, I suppose, jobs, safety, commerce, defense, and Even after the debris has been re- based on my limited time here, that we it’s about the future. It’s too important moved and our electric infrastructure argue how to utilize supposedly dedi- to put off until an uncertain future has been repaired, much of Maine’s cated trust fund moneys. I am here date. We have a responsibility to act natural resources based economy will today to say that these trust fund dol- now. Let us do the work required of us. take years to recover. Dairy farmers, lars, whether for Social Security or Mr. President, I yield the floor and I maple syrup producers, apple growers, transportation, are not ours to allocate yield any remaining time to the distin- and our forestry industry were particu- as we see fit. They are collected from guished Senator from West Virginia.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S613 The PRESIDING OFFICER. The Sen- from the Federal Highway Administra- was before the Senate for about 21 days ator from West Virginia is recognized tion. The term ‘‘fatal crash rate’’ and then it was taken down and a for up to 20 minutes. means the number of fatal crashes per short-term, stop-gap highway author- Mr. BYRD. Mr. President, I thank my 100 million vehicle miles traveled. ization measure was enacted, which distinguished colleague, Senator MAX Shoulder widening can lower fatal will expire at midnight—midnight, CLELAND, for his fine statement urging crash rates by 22 percent, and one of when the clock strikes 12, midnight, on action on the ISTEA bill now. the lives that is saved may be yours, May 1, just 43—43—days away. Mr. Mr. President, bad roads are killers. yours—and roadway alignment im- President, there is a time bomb ticking In 1996, nearly 42,000 people lost their provements can lower fatal crash rates here. Congress has 43 session days. lives in traffic accidents on America’s by 66 percent. These are huge figures. Let’s talk about the Senate. The Sen- highways; in 1996, 355 of those fatalities Widening or modifying a bridge re- ate has 43 session days remaining, and occurred in West Virginia. The Federal duces fatal crash rates by 49 percent, that includes today; 43 session days re- Highway Administration (FHWA) and constructing a new bridge when maining until midnight May 1. So 43 maintains that poor road designs and the current one is deficient can reduce days includes today and includes May conditions are a contributing factor in fatal crash rates by 86 percent. 1. The clock is ticking, and the time at least 30 percent of those fatal crash- I well remember, and shall never for- bomb is ticking. es. That works out to more than 12,000 get, the fatal collapse of the Silver Roadway safety depends on the unin- Americans—over 100 West Virginians— Bridge at Point Pleasant, WV, in 1967, terrupted flow of Federal highway whose lives could be saved each year by in which collapse 46 people plunged to funds, and yet the Senate is literally an investment in better, safer roads. their deaths in the cold waters of the inviting a shutdown of our State and These fatalities are not just numbers. Ohio, the Ohio River; 46 people plunged Federal highway programs by delaying They are lives, precious lives lost be- to their deaths in 1967, 31 years ago, action on ISTEA II. Forty-three days, cause we are not spending the money when the Silver Bridge at Point Pleas- 43 session days when the Senate will be that is needed to make our highways ant collapsed. in session, not including Saturdays and safe. So, constructing new bridges when Sundays and holidays. And roadway fatalities are on the the current bridges are deficient can Senators don’t have to just take my rise, having risen in each of the past 5 reduce fatal crash rates by 86 percent. word for that. Let’s see what the law years. Highway crashes are now the Upgrading bridge ratings can cut fatal says. The short-term highway bill that fifth highest cause of all deaths and the crash rates by 75 percent. the Senate passed and the House passed leading cause of death for young people In addition, the number of lanes on a and was signed into law by President between the ages of 6 and 27. road has an impact on safety. National Clinton on December 1 of last year, This national problem can be blamed, statistics show that four-lane divided let’s see what that law says. That is at least in part, on the deplorable and highways are substantially safer than the short-term highway authorization deteriorating condition of our Nation’s other roads. Four-lane divided high- bill by which the time was extended 6 highways and bridges. Of the 950,215 ways are substantially safer than other months, the authorization for highway road-miles eligible for Federal funds, roads. programs, spending on highway pro- the Federal Highway Administration, May I say to my distinguished col- grams. in its biennial Performance and Condi- league from West Virginia, Senator Let’s see what Public Law 105–130, tions Report, found that 28 percent of ROCKEFELLER, that when I was in the the Surface Transportation Extension the pavement mileage is poor or medi- legislature in West Virginia in 1947, 51 Act of 1997 says, in part. Hear it: ocre in condition, meaning it needs im- years ago, West Virginia had a total of A State shall not obligate any funds for mediate repair to remain passable. The 4 miles—West Virginia had a total of 4 any Federal-aid highway program project FHWA also reports that the country miles of divided four-lane highway; 51 after May 1, 1998. has 181,748 bridges, in other words, 31 years ago. Four miles. That was it for There it is. That’s the law, and fur- percent of all bridges over 20 feet in the entire State. And today there are ther obligating by State road systems length, that are structurally deficient almost 900 miles of divided, four-lane or transit systems after midnight on or functionally obsolete. The report es- highways. May 1 will be illegal. Further obli- timates that nationwide investments National statistics show that four- gating funds for highway programs must average $54.8 billion annually just lane divided highways are substan- after midnight on May 1 will be against to maintain current road and bridge tially safer than other roads. In 1995, 77 the law. Let’s read it again. This is the conditions over the next 20 years, $74 percent of all fatal crashes—get that, 3 law: billion annually to improve the high- out of 4—77 percent of all fatal crashes A State shall not obligate any funds for way network. Currently, all levels of occurred on two-lane roads, while only any Federal-aid highway program project government, Federal, State, and local 5 percent of those crashes took place after May 1, 1998. combined, are investing only $34.8 bil- on four-lane divided highways. Now, I hope that the Governors and lion annually. That means we are not Of course, making the types of im- the mayors and the highway agencies even coming close to making the in- provements I just outlined will cost out there across the country will con- vestments necessary to maintain our money. But making that investment sider that language that I just read. vital highway infrastructure. will reap human dividends. According You must know that after midnight Fortunately, this trend can be re- to the Department of Transportation’s May 1 of this year, you, the highway versed. Well designed and maintained 1996 Annual Report on Highway Safety agencies of this country, will not be roads will increase our safety by reduc- Improvement Programs, every $100 mil- permitted to obligate further funding ing vehicle deaths and injuries. They lion invested in roadway safety im- for Federal aid highway programs. And also save Americans the anguish of los- provements will result in 144—12 that is just 43 days away, including ing a loved one. dozen—144 fewer traffic fatalities. today. ‘‘Time Bomb Ticking.’’ That’s The Federal Highway Administration And now, Mr. President, we arrive at it. has conducted extensive research on the crux of the matter. The U.S. Sen- So if we postpone debate on ISTEA II the lifesaving improvements that can ate is sitting idle. Not exactly sitting until after finishing the fiscal year 1999 be made to our highways and bridges. idle. There are other matters that are budget resolution—that is what some According to Federal Highway Admin- being considered and they are not un- of the budgeteers in the Senate are im- istration research: Widening a road important. But insofar as doing some- portuning the Senate majority leader lane by 1 foot can lower crash rates by thing about the highway conditions of to do—delay, delay, don’t take up the 12 percent. Widening a road lane by 2 the country is concerned, the United 6-year full-term extension of the high- feet can lower accident rates by 23 per- States is sitting idle—the U.S. Senate way authorization legislation, don’t do cent. and House are sitting idle when Con- that until the budget resolution is The construction of medians for traf- gress should be working to finish the taken up. fic separation can reduce fatal crash ISTEA bill, a bill which was brought up Well, if we postpone debate on ISTEA rates by 73 percent. This is information last October and debated, or at least it II until after finishing the fiscal year

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S614 CONGRESSIONAL RECORD — SENATE February 11, 1998 1999 budget resolution, the earliest about whom people already felt one have to finish. Some people complain then that the Senate will take up the way or another. that my senior colleague puts so much highway bill will be late April, after One has a sense that we are filling emphasis on Corridor H. I would say the spring recess, and that assumes time. I don’t say that in a partisan that we in West Virginia are very that we meet the April 15 statutory way, I say that in just a sort of gen- grateful that Senator BYRD is doing deadline for the budget, which we are erally frustrated way. In my 13 years in just that because it is the only way we not accustomed to doing. the U.S. Senate, this feels like the are going to get this critical road fin- But let us assume that miracu- slowest start to a year in which we ished. lously—I still believe in miracles, but have so many things that we need to If I can just explain the importance not here on this floor—let us assume accomplish. of roads like Corridor H and reflect on that miraculously we meet the dead- So the excuse of not moving on the the urgent need for this ISTEA reau- line and turn to ISTEA II first thing on reauthorization of the Intermodal Sur- thorization, is to remind people listen- April 20, that would leave less than 2 face Transportation Efficiency Act—an ing that you still really can’t get from weeks before the May 1 funding dead- incredible name, I agree, but incredibly the east coast into the central part of line, after which States will be prohib- important legislation it is—simply es- West Virginia or any part of West Vir- ited by law from obligating any Fed- capes me. Why wouldn’t we be doing it? ginia easily. eral highway funds. If we wait until I can remember when I was Governor You know, trucks are not willing to after the budget to consider ISTEA II, working with my senior colleague, Sen- drive on two-lane highways. We wish we are virtually guaranteeing—guaran- ator BYRD, and Senator Randolph on an that they could, but they do not. And teeing—that Federal highway funds amendment in this area to help West we have a very difficult aviation situa- tion which some of us are also working will be cut off—will be cut off. Virginia and other states obtain the That is why the highway bill cannot matching money they needed to apply on very hard. We have an ample wait. That is why it should not wait. for. amount of rivers and barges, but even Given the needs that exist on our Na- The people of my State, the people of there, Senator BYRD and some of my colleagues in the House have to work tion’s highways and the safety risk all the States where roads are needed very, very hard to modernize the lock which current conditions pose, we can- and construction needs to be finished, system, many of which were built, 50, not afford to delay lifesaving highway where bridges need to be completed, 60, 70 years ago. projects. The Senate must turn to the are facing a cut-off of funds that car- ries no logic to it, as far as I can under- So transportation for us is not what ISTEA bill now. The time bomb is tick- it is, let us say, for some other States stand. If there is a formula problem, ing—tick, tick, tick, tick. Time for ac- which are relatively flat or have very and there always is because that is the tion is now. warm climates so that roads last far way we classically operate in the Sen- Mr. President, how much time do I longer. We not only constantly have to ate, we should set a deadline to resolve have left? repair our existing roads, but we also The PRESIDING OFFICER. The Sen- the problem. We need to face up to a have not even completed our basic road real deadline—my senior colleague is ator from West Virginia has 1 minute 3 system. And that is terribly disad- making this point, Mr. President—be- seconds remaining. vantageous. Mr. BYRD. I yield that to my distin- cause waiting longer doesn’t just put You can track the economy of West guished colleague, and that will give off the day when we even start to try Virginia, how well certain places are him more than 11 minutes, I believe. to deal with these and the other out- doing, and others are not doing, based The PRESIDING OFFICER. The Sen- standing issues. upon how close they are to a four-lane ator is correct. But we can resolve those issues. The highway. That is not unique to West Mr. BYRD. I thank the Chair. I yield Senate has resolved far more conten- Virginia, but it is West Virginia at this the floor. tious issues than these. So I don’t have moment for which I speak and this Mr. ROCKEFELLER. Mr. President, I any doubt about that. I do have a very Senator speaks. And, therefore, I feel thank my esteemed senior colleague strong sense of the damage that failure very strongly about this situation. from West Virginia. The junior Senator to act on the highway bill will do to Roads supply jobs. Why can’t we look doesn’t believe he will need 11 minutes, the State that my senior colleague and at it that way? I can remember when but I am grateful to have that oppor- I represent. It happens to be a State we were building what we call the turn- tunity. As needs to be said, Senator which has almost no flat land. I think pike in West Virginia, which was BYRD has been remarkable in his fight about 4 percent of our land is flat. meant originally to be a four-lane for roads and infrastructure, and not I am very familiar with the Presiding highway and ended up to be a two-lane just for roads for West Virginia, but Officer’s State, because my uncle was highway. How that happened is a mys- also as a fighter for roads for Arkansas Governor of Arkansas and my first tery which has been shrouded in the and every other state in this country. cousin now is Lieutenant Governor, as history of West Virginia for many My senior colleague and I—I having the Presiding Officer and I have dis- years of speculation. But the point is, been Governor for 8 years, my senior cussed. I know the Ozarks are a part of building that highway involved going colleague having worked on this prob- Arkansas. It is very difficult there. through some of the worst, steepest lem for many, many years—we are inti- There are also lots of mountains. West part of the beautiful, gorgeously beau- mately acquainted with the nature of Virginia is mostly mountains. It is the tiful southern mountains. And that was what four-lane highways and federally oldest mountain system in the world. an enormous project. I mean, it is not qualified roads, like route 33 and route The Appalachian Mountains are the like building roads in many other parts 250, can mean. So this is not a minor oldest mountains in the world. They of the country—you have to build huge issue to us. have been worn down over the cen- abutments of towering concrete walls I am here on the floor to ask there- turies, but they are very formidable as you cut into the side of mountains. fore why it is that the Senate still isn’t and still blanket the greatest part of The work involves phenomenal engi- acting on the highway bill. Why is it? our State. neering feats. It is like building the I pick up the RECORD of yesterday. It is So I would say to my senior col- Panama Canal to put an Appalachia not enormously thick. There is not a league, I can remember the last year I corridor or interstate in most parts of lot on our calendar. My senior col- was Governor, it cost, for about a mile West Virginia. league talked about the Senate sitting of interstate or a mile of Appalachian The construction jobs that stem from idly by. We have cast a handful of votes corridor highway, about $17 million to roads are tremendously important to since reconvening. We had one vote build a mile. That was back in 1984. I us. The Nation’s unemployment is low. today. It may be our last one for the have to assume that we are talking But in West Virginia, our rate is ap- day. We had a couple votes yesterday. now $25 million to $30 million per proximately twice the Nation’s unem- They were not votes, Mr. President, mile—per mile. ployment. Every job is important to that required enormous amounts of de- Completing and upgrading our roads us. There is not a single job in West bate. We had time laid out for debate, is a terribly urgent situation for West Virginia that anybody takes for grant- but they were on individual judges Virginia. We have Corridor H which we ed. There is not a single job in West

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S615 Virginia, the potential for a job, that Little Kanawha. You have to be able to tration and some Senators, of course, people do not clamor for, try for. drive. want to spend those moneys on. But Toyota recently moved some of their So I simply say, in lending my very, the American people believe, because production to West Virginia. And they very strong support to Senator BYRD’s they have been told, that the moneys are going to make half of all of their efforts, and as somebody who was a in the trust fund should be spent for engines in North America and Canada Governor for 8 years and understands highway improvements and transit im- in West Virginia. They had a need for the economic significance of our infra- provements. 300 workers, and they got applications structure, that there is no reason to go I have not said much on the West from 25,000 people. What does that tell on with this uncertainty. There is sim- Virginia angle of this, but I intend to. you? Obviously some were from Ohio, ply no excuse. I join my senior col- But that is what the amendment which some from Kentucky, some perhaps league, and praise him for all he has Senator GRAMM and Senator BAUCUS from Virginia, but we want the work. done in carrying the fight over the and Senator WARNER and I and 50 other We want the work, we want the years and carrying it almost single- roads, and we want the roads so then handedly. I urge my colleagues to join Senators, making a total of 54 Sen- ators, are urging, that that ISTEA bill we can further create the jobs. In fact, with Senator BYRD and join with Sen- be brought up, urging that the money to make the point, Toyota would not ator DORGAN, who was speaking earlier, be in West Virginia if it were not for and others, so that we can get imme- in the highway trust fund be spent for Interstate 64. They openly declare diate consideration of ISTEA. It is the highways to improve the highways and themselves to locate their plants close right thing for the Nation. It will ben- to improve transit programs. to where Interstate 64 is whether it be efit our State and the Presiding Offi- So that money is there. And, as I say, Kentucky, West Virginia or wherever. cer’s State. And we have no reason at there are some on the Budget Com- So the economic need for turning our all not to be doing the people’s busi- mittee, not all, some on the Budget attention to the ISTEA reauthoriza- ness in this critical area. Committee who are importuning the tion bill is obvious and clear-cut to my I thank my senior colleague, and I leader, the majority leader, not to constituency. Our States wait to know thank the Presiding Officer. bring up ISTEA now—keep it, wait, whether they can go ahead with their Mr. BYRD. Mr. President, is any wait until after the budget resolution infrastructure plans. They watch us ap- time remaining? is brought up. And those particular prove a couple of judges and work on a The PRESIDING OFFICER. Time has Senators, in my judgment, do not want couple things. We had a vote on a just expired. to see those gas tax moneys spent on Mr. BYRD. Mr. President, I ask unan- cloning bill this morning. It wasn’t highways. They want to spend them on imous consent to proceed for 3 min- cloning, it was what leads up to other programs. cloning. Maybe we will get around to utes, after which I ask unanimous con- another vote this afternoon; maybe we sent that the distinguished Senator So, Mr. President, I again urge that will not. from Texas, Mr. GRAMM, may proceed the leadership keep its commitment to But, good grief, this highway bill has for not to exceed 15 minutes. I do not the Senate and call up this highway to be done, Mr. President. It has to be see any other Senator seeking recogni- bill. I can understand the pressures on done. This is the people’s will. We made tion. the majority leader. I have been major- them a promise with the 6-month ex- The PRESIDING OFFICER. Without ity leader. And I can understand the tension. And we are not keeping that objection, it is so ordered. pressures that are on the majority promise. And there is no reason not to. Mr. BYRD. Mr. President, I thank my leader from other Senators. And, as I It is a bill which does good. And again, distinguished colleague, Senator say, I have a feeling that the majority there may be argument about the for- ROCKEFELLER, former Governor from leader, if he did not have those pres- mula, but however it comes out, it is West Virginia, who served 2 terms as sures, would have the ISTEA bill going to do every single State an enor- Governor. I thank him for joining in brought up now. I have a feeling—I cer- mous benefit. urging that the ISTEA bill be called up tainly have a hope—that he would sup- And I have to say one last time that at this time. And he made the point port the amendment that 53 of my col- our State will benefit enormously from that partisanship isn’t involved here. leagues are supporting. this legislation and needs this legisla- There is no partisanship in this. Mr. President, I again thank my dis- tion to pass. We have not finished our Both sides of the aisle—there are tinguished colleague from West Vir- road system. We do not have the pros- Senators on both sides of the aisle who perity that we deserve in West Virginia want ISTEA, the ISTEA bill to be ginia, especially for his reference to for which our people have struggled for called up. And there are Senators on Corridor H and Corridor D and other a hundred years or more. Coal is dimin- both sides of the aisle who are sup- corridors in West Virginia. ishing. Only 6 percent of our work force porting the amendment, the Byrd- I ask unanimous consent for 1 addi- is involved in coal. Gramm-Baucus-Warner amendment, tional minute. We need to have manufacturing and which would provide for the moneys The PRESIDING OFFICER (Mr. we need to expand our intellectual and that are in the trust fund, the moneys THOMAS). Without objection, it is so technological activity. We need to have that the American people have paid at ordered. all kinds of things. We cannot rely on the gas pump, the 4.3-cent gas tax, for coal and steel as much as we used to. example. That is doing nothing now ex- Mr. BYRD. Mr. President, there is a So I make the point that Corridor H cept building up surpluses in the trust small vocal group in West Virginia has to be finished. It is absolutely a re- fund. that opposes Corridor H. But there was quirement for the State. Corridor D There are Senators on both sides of a poll taken in West Virginia within needs to be finished. As my senior col- the aisle, Republicans and Democrats, the last 2 weeks, I believe, that showed league knows better than anybody, who want to see those moneys that are that 80 percent—79 percent of West Vir- that has been nearly finished except for spent by the American people out there ginians support the completion of Cor- a few miles, but those miles are enor- in the form of gas taxes, who want to ridor H inside West Virginia. Only mously expensive miles, and they have see those spent for highways to im- about 6 percent—6 percent—of the peo- been languishing now for 2 decades or prove highways and mass transit pro- ple are very opposed, and that is the more. And that is what connects the grams. As of now, they are just build- highly vocal group over there that has western part of our State with Ohio ing surpluses; they are not being spent been opposing Corridor H. Of course, and the rest of the Nation. for anything. they have some people over in some of West Virginia is enclosed by enor- There are those in this Senate who the adjoining States who add their mous States: Pennsylvania, Ohio, Ken- are importuning the distinguished ma- voices to the small 6 percent in West tucky, Virginia, and Maryland. People jority leader not to call up this high- Virginia who are opposed to com- cannot get out or cannot get in unless way bill right now because they want pleting Corridor H. About 8 or 9 per- they can drive out or in or fly out or to wait until after the budget resolu- cent, as I understand it, from the poll in. And they cannot fly out or in eas- tion is adopted so that these moneys in do not take any position one way or ily, so they have to drive. You cannot the trust fund can be spent for social another. But 79 percent take a strong canoe down the Ohio River and up the programs, and so on, that the adminis- position

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S616 CONGRESSIONAL RECORD — SENATE February 11, 1998 for the completion of Corridor H inside traffic, improving the environment in and simply stand by and watch the West Virginia. the country. You could list 100 things Government spending it on everything So my colleague mentioned Corridor that are positive for America that will except highways is, I believe, out- H. And I hope that eventually in my occur, beginning on May 2, if we can rageous and unacceptable. Quite frank- lifetime we can see Corridor H com- pass this amendment and pass the ly, I believe that is going to end this pleted inside West Virginia. It has been highway bill. year—end this year. promised to the people of West Vir- Now, Senator BYRD and I have spo- Some people have raised questions ginia for 33 years. And the Appalachian ken virtually every day for the last 2 about the priorities of the bill. We have highway system has been promised to or 3 weeks, and we have made a series answered each and every one of those the 13 States in Appalachia for 33 of points that no one who opposes the questions about the amount that goes years. It is 78 percent complete in the amendment has come down to try to to the States, the amount held by the region, 74 percent in West Virginia. argue against. Those points are basi- Secretary. Questions have been raised The time bomb is ticking. I hope that cally the following: Gasoline taxes about the Appalachian program, start- we can get that bill up and let the Sen- have historically been devoted to road ed in 1965, as a percentage of money ate work its will on these amendments, construction; the American people are spent on highways. We are actually in my amendment included. led to believe this by every sign on our amendment asking for less than Mr. President, I again thank the dis- every gasoline pump in America. They the President requested, the same tinguished Senator from West Virginia, are paying lots of taxes, but the good amount, for all practical purposes, re- Mr. ROCKEFELLER. I thank the Chair news is it is a user fee for roads. And quested by the House. and thank my colleague from Texas for yet that is not the case today nor has Questions are raised about border in- his patience. it been the case through the 1990s. frastructure and international trade Mr. GRAMM addressed the Chair. Money has been collected in gasoline corridors. We actually have less money The PRESIDING OFFICER. The Sen- taxes and spent on other things. in our amendment than the bill that ator from Texas. Second, we have established very came out of committee, but there is Mr. GRAMM. Mr. President, I thank clearly that this amendment does not one big difference. We make it possible our dear colleague from West Virginia. bust the budget. Nothing in this that Congress might actually fund it, It has been a great honor for me to amendment raises the total level of whereas the committee bill, in a work with him on this. I believe we are spending. What this amendment does is sleight of hand, appears to provide the going to win on this amendment. We it requires that the money collected for money but really doesn’t provide the have 54 cosponsors. We probably have road construction be spent for road money. 25 other Members of the Senate who construction and nothing else. In short, we have answered each and are ready to vote for the bill. We gain In fact, one of our colleagues, in ar- every one of the criticisms that have strength every day. guing against the amendment, posed been raised in this initiative. It is the There is only one thing that is stop- the question to Senator BYRD and to right thing. It is what we tell people we ping us from passing a new highway me, ‘‘If you spend this money on high- are doing. It does not violate the Budg- bill that can begin providing money to ways, that means we are not going to et Act. It does not raise the total level build highways all across America on be able to spend it on the other things of spending, and it doesn’t create any May the 2nd. And that one thing is we want to spend the money on.’’ new priorities. It simply sets out an or- that we have been unable to bring the I think it can be argued in two ways. derly fashion of fulfilling obligations highway bill up so that we can offer The first argument is that we have a we have made in the past. the amendment, our amendment, by desperate need for highways in Amer- Now, we are getting down to the mo- forcing the Government to live up to ica—31,000 miles of roads in my State ment of truth. The highway bill is the commitment it has made to the are substandard. We have thousands of going to expire on May 1. So road- American people when it puts on a gas- bridges that have been certified as not building equipment that is currently in oline pump that about a third of the being safe. We are basically now at a the process of building highways and cost of a gallon of gasoline is taxes. point in Texas that half of the money roads and interstates all over America, But the good news is, those taxes go to we have for roads goes to just maintain come May 1, they will cut those ma- build roads. What we are trying to do is the roads we have. The expected life of chines off. Come May 1, people are to force the Government to do what it a road is between 30 and 40 years, de- going to be forced to walk off the job tells people it is doing, and that is, pending on where it is built. We built because we have not provided money spend the money on roads. our great farm-to-market roads in for highways. It is not that we don’t We now know that between 25 and 30 Texas in the 1930s and 1940s. We have have the money, Senator BYRD. We cents out of every dollar collected in long since exceeded the life of those have the money. It is being collected gasoline taxes has been going to fund roads. Our busiest roads in Texas, our every time any American goes to the everything except highways. And so interstates, were built in the 1960s. filling station and pumps gas. But they what our amendment is trying to do is They are heavily used, some beyond 100 are going to stop building roads all to require truth in Government by say- percent capacity, and they are reach- over America on May 1 because we are ing that gasoline taxes have to, in an ing the end of their economic life. not allowed to vote on a highway bill orderly, fiscally responsible manner, be What do we spend on in Government to allow the expenditure of money that spent on highways. that is more critical than national se- is being collected specifically to build This is a big deal. This is a very big curity and roads? But as strong as that roads, even though we are collecting deal in every State in the Union. What argument is, that is not the strongest more money for road construction in it means in my State, what it means in argument. the gasoline tax than ever in history. West Virginia, what it means in every Our colleagues stand up and say, if Despite the fact that the surplus grows State in the Union is roughly a 25 per- the money you collect for highways is every single second, we have the ter- cent increase in the amount of money really spent on highways—we plan to rible prospect of highway construction that is available to build roads begin- spend this money on other things. I stopping all over America on May 1. ning on May the 2nd. think, quite frankly, that there is an There is only one solution to this We are not talking about doing some- argument in terms of basic honesty in problem—bring up the highway bill. We thing that is going to be felt in your dealing with the electorate that we debated it last year. It got bogged State in the sweet bye and bye. This is have on our side, and that is that we down in other issues. I wish we could something that on May the 2nd we can have a revenue source dedicated to the have broken the deadlock last year. It begin to see States letting contracts, highway trust fund. So not only is is bad public policy that it happened. putting people to work, pouring con- there a great need for roads, but the But the point is this is not last year. crete, pressing asphalt, improving the money was collected for that purpose This is this year. We have an oppor- quality of our roads and highways, sav- and for that purpose only. The idea tunity right now to bring this bill up. ing lives, creating jobs, reducing the that we are going to collect potentially I can assure you, we are not going to amount of time that we all spend in $90 billion for highway construction let any issue that has nothing to do

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S617 with highways derail this bill this running out here. I think we have been that far. So the money is in the trust year. There are a lot of legitimate very patient. I think we have tried to fund, and I compliment him. issues that need to be debated. We need work with everybody. We have been Now he has joined with me and 52 to bring this bill up and we need to willing to sit down and talk to anyone. other Senators—in addition to the two bring it up as soon as we get back from You don’t get 54 cosponsors by acci- of us, he has joined with me and 52 the recess next week. dent. You do it by answering a lot of other Senators, Mr. BAUCUS and Mr. I feel an obligation to people in my questions, by convincing a lot of peo- WARNER, in particular—who are initial State. I feel an obligation to the State ple. I don’t think anyone has asked cosponsors of this legislation. He has where we pay in gasoline taxes on a per Senator BYRD or asked me to sit down joined with us in attempting to author- capita basis as much as any State in with them to explain this amendment, ize, to have the Congress authorize, the the Union. It is not uncommon for peo- what it does, how it will affect their expenditure of the moneys in the trust ple in my State to drive in their cars State, how it will affect anything they fund, the 4.3-cent gas tax, to authorize and trucks 50 miles one way to work, are concerned about. But we are going the expenditure of those funds for high- to drive 30 miles to take their children to reach a point here when we come ways and for mass transit programs. to school. People in my State need back after the recess where we have to That is what they were intended to highways. They pay for them by paying quit explaining and start acting. be used for. He has stood like a stout the gasoline tax. I urge those who would like to com- Irish oak on his side of the aisle in urg- I want to urge our leadership to work mingle this with the budget, while I ing that the ISTEA bill be brought up with us to bring this bill up. This is not really believe that is a ruse to beat our and in urging support of this amend- a budget issue. We are not talking amendment—they are trying to con- ment upon which we are both allied about busting the budget. We are not vince people that our demand that we and working. I thank him for that. I talking about setting the total level of spend money for the purpose we tell thank him for his steadfastness; he has spending. We are talking about requir- people we are going to spend it when stood like a Rock of Gibraltar. We will ing money to be spent for the purpose we collect it is somehow on a par with continue to work in the effort to im- that it was collected and not on other proposals made to spend money to just plore the bringing up of this highway things. But if there are those who want simply increase the level of expendi- bill. I thank him very much. to talk about this within the context of ture. There is no comparison between Mr. GRAMM. Mr. President, I thank the budget, Senator BYRD and I are not the two. But if somebody wants to talk the Senator from West Virginia. Let so busy that we don’t have time to sit to us about the budget as it relates to me just conclude by saying that the down and talk. I believe that the day our amendment, we are willing, any American people cry out for bipartisan- we come back, week after next, that time, day or night, to sit down and ship. This is the only real bipartisan ef- the situation with highways is going to talk to them. What we are not willing fort of this Congress. We have 54 co- be getting so desperate that we will to do is to sit here and let May 1 come sponsors on this bill; they are roughly have to do something. I think we ought and let highway construction stop all divided, Democrats and Republicans. to bring up the highway bill. I think it over the country. We are not willing to This is not a partisan issue. I hope we would be bad for us to be forced to try do that, and we need to get on with the can move ahead and I believe we will. I to deal with this issue as an amend- task of passing the highway bill and, I want to thank the Senator from West ment on another bill. That is not the believe, passing this amendment. Virginia. It has been a great honor for way I want to do it. I know the Senator I want to thank my colleague, Sen- me to work with him. I believe we are from West Virginia doesn’t want to do ator BYRD, for his leadership. We have going to be successful, in large part, it that way. We need to act and we done a lot of work on this. I would like because this is the right thing to do. need to do it very quickly. We are run- to believe the number of cosponsors, But as Edmund Burke once said, ‘‘All ning out of time. the progress we have made, is some- that is necessary for evil to triumph in I want to conclude by simply urging what due to our persuasiveness. But I the world is for good men to do noth- those who would like to commingle think, really, it is not our persuasive- ing.’’ We intend to do something to make this issue with the budget, if they want ness; it is the strength of the case we this happen—however much work it to sit down with Senator BYRD, with are making. This is the right thing to takes. We have carried this ball all the me, with Senator WARNER, with Sen- do. It is clearly the right thing to do. I way down to the goal line, and we are ator BAUCUS, to talk about how this think if the American people really un- not about to fumble it or call time-out might fit into a budget that would be derstood what this debate was about, if right now. written later, we are willing to sit they really understood that the critics down and talk about it. It is not a I thank the Chair and yield the floor. of what we are doing are saying, ‘‘Don’t Mr. BYRD. Mr. President, I suggest budget issue. Quite frankly, I believe spend the money for the purpose you those who oppose us want to make it a the absence of a quorum. select it is because we want to spend it The PRESIDING OFFICER. The budget issue so that they can say to on other things,’’ they would be out- clerk will call the roll. people, look, don’t vote for these high- raged about it. I think that is one of The legislative clerk proceeded to ways because if you do that, then you the reasons that people don’t come call the roll. can’t spend all this money on other over and debate us on this subject. Mr. SPECTER. Mr. President, I ask things, money requested by the Presi- I am glad to be on a side of an issue unanimous consent that the order for dent, money sought by other interests, where we are right. I can assure you, it the quorum call be rescinded. money expenditures that are supported is much easier to argue something if The PRESIDING OFFICER. Without by Members of Congress. the facts are on your side. Now, often objection, it is so ordered. There is one fundamental difference. here, great cases are made when the f Nobody is saying that child care is not facts don’t comport, but when they are important or food stamps aren’t impor- on your side, it is easy. And they are THE WAR CRIMES TRIBUNAL tant, or funds for the IMF aren’t im- on our side on this issue. Mr. SPECTER. Mr. President, in the portant, or paying dues at the United Mr. BYRD. Will the Senator yield? absence of any other Senator seeking Nations are not important, or that for- Mr. GRAMM. I am happy to yield to recognition, this may be a good time eign aid is not important. But there is the Senator. for me to report briefly on the travels one fundamental difference. None of Mr. BYRD. I want to thank the dis- that I undertook from December 30 to those expenditures has a dedicated rev- tinguished senior Senator from Texas. January 13, when I visited the War enue source. None of those expendi- He worked inside the Finance Com- Crimes Tribunal in The Hague and tures has a tax that working Ameri- mittee to offer an amendment which found that this agency is moving for- cans pay for the purpose of funding was adopted in the committee transfer- ward with prosecutions on war crimes them. Americans do pay a gasoline tax ring the 4.3-cent gas tax to the trust against humanity, arising out of the to build roads. So our claim is strong- fund, to the highway trust fund, where activities in Bosnia. er. We have committed to people we it would be spent on highways and It is my sense that after the first are going to do this. I believe time is mass transit programs. So he got it conviction, which has been obtained,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S618 CONGRESSIONAL RECORD — SENATE February 11, 1998 the tribunal is on its way to estab- ful resolution there. It can’t be said There being no objection, the mate- lishing a very, very important inter- with certainty, but the parties were rial was ordered to be printed in the national precedent. For the past dec- very close before Prime Minister Rabin RECORD, as follows: ade-plus, many of us, including Senator was assassinated. REPORT ON FOREIGN TRAVEL DODD, Congressman JIM LEACH, myself, I had an opportunity to talk to In accordance with my practice of report- and others, have been working to try to Prime Minister Netanyahu and Presi- ing on foreign travel, this floor statement bring an international criminal court dent Assad in August and November of summarizes a trip which I took from Decem- into existence. It is my sense that if 1996. At that time it seemed to me that ber 30, l997 through January 13, l998 to four- the War Crimes Tribunal is successful, the parties were far apart, with Prime teen countries in Europe, Africa and the we may have the most important insti- Minister Netanyahu saying he wanted Middle East. My trip had several purposes: to tutional change in international rela- evaluate the work of the International to negotiate for peace but would do so Criminal Tribunal for the former Yugoslavia tions in this century, if we can bring only if there was a clean slate and he and Rwanda in The Hague in prosecuting in- the rule of law into the international had a new mandate. President Assad of dicted war criminals and in laying down the arena. Syria, on the other hand, said he, too, precedent for the establishment of a perma- I think it is very important that the wanted to negotiate but would do so nent international criminal court, to evalu- outstanding indictments be served. In only if they would begin where the ne- ate the President’s request for an open-ended talking to the military leaders and gotiations left off with Prime Minister extension of time for the U.S. military par- NATO in Bosnia, I have been informed Rabin. ticipation in United Nations Stabilization that we have the capacity to do so if Force operations in Bosnia, to assess the While the words were very similar, progress of the Middle East peace process, the instructions are given. Up until the when I had a chance to talk to Prime and to gather information in support of my present time, the rule has been to serve Minister Netanyahu and President legislation to strengthen U.S. policy against them with warrants of arrest if our Assad last month, the music, it seemed countries that persecute religious minori- military groups come into contact with to me, was a little bit different. Syria ties. those under indictment, but they are had a new set of problems with their INTERNATIONAL CRIMINAL TRIBUNAL not to make an effort to search them economy, and Netanyahu faces a new The first phase of my trip involved a re- out. It is a delicate matter and has to set of problems. I think activist inter- view of the progress of the International be handled with discretion and with re- vention by the President could well Criminal Tribunal for the former Yugoslavia gard to not losing lives in the process bring the Israeli-Syrian tract to a con- and Rwanda in The Hague. This was my of making the arrests. But, I think clusion. It is certainly worth a try. third trip to that body in as many years, and that ultimately those warrants of ar- its good work reaffirmed my belief that the As to the Palestinian-Israeli tract, it tribunal could well set the stage for the cre- rest do have to be served. is much more complicated. But, here We stopped in Bosnia and saw the ac- ation of a permanent International Criminal again I have urged the President to Court, which would do much to deter future tivities there. Mindful of the Presi- bring Mr. Netanyahu and Mr. Arafat crimes against humanity. dent’s recent request for an open-ended into the same room, at the same time, In The Hague, I met with the Tribunal’s stay in Bosnia, we discussed with the to hear their complaints and to try to Chief Prosecutor, Louise Arbour, and several military leaders and with some of the bring a resolution to those very serious American members of her staff, to discuss pending prosecutions arising from war soldiers their sense as to what was problems. going to happen there. crimes in the former Yugoslavia and Rwan- Part of the mission on this trip was The Congress has legislated to bring da. The prosecutors were much more opti- to explore persecution against Chris- an end to the funding as of June 30, mistic than they had been on my two pre- tians and other religious groups. Our vious visits in 1996. One assistant prosecutor, 1998, with certain exceptions relating travels took us to Egypt, Ethiopia, Eri- Ms. Patricia Sellers, declared there had been to a Presidential extension. But, it trea, and Saudi Arabia. The details are more progress in international law in the seems to me that it is necessary to spelled out in a written report, which I last four years than in the intervening 520 have some idea as to how long we are years following the first conviction of a war shall file as well. But, it seems to me going to be there. Those enmities and criminal in 1474. that the United States ought to take a hatreds go back hundreds of years, and The most tangible of the tribunal’s suc- stand on the legislation which has been it is necessary, in my judgment, for us cesses was the recent conviction, on eleven introduced by Congressman FRANK to have some idea as to how long we counts after a one-year trial, of Dusko Tadic, WOLF in the House and by myself in the charged with crimes against humanity under are going to stay there and how long it Senate which would articulate the the statutes of the International Tribunal will take to accomplish that mission if principles of religious freedom and im- and cruel treatment of civilians as defined we are, in fact, to remain there. pose sanctions on foreign governments by the Geneva Convention of 1949. The U.S. contingents are still much While the Tadic case is a start, it is impor- larger than any others. We have some which tolerate or encourage this kind tant to note that only 19 of the 79 defendants 8,000 personnel—substantially larger of persecution. under indictment are in custody. Most of the than the French, British, Russians, or In Saudi Arabia, in talking to Prince remaining defendants are at large in Serb- others—and there ought to be more of Turki, I heard again that the Koran controlled portions of the former Yugoslavia. a burden sharing than is present now if calls for the death penalty if someone On a later stop in Sarajevo, I saw that the multi-national force in Bosnia faces a com- the United States is to stay there. changes from Islam to Christianity. I heard the same in Egypt, and found, in plicated task in taking some of these major We traveled on to the Mideast where defendants, like Radovan Karadic and Ratko we had an opportunity to meet with fact, that those who have converted Mladic, into custody. The current instruc- Israeli Prime Minister Netanyahu, Syr- from Islam to Christianity had been tion is to arrest indictees if observed, but ian President Assad, Egyptian Presi- imprisoned. We heard many complaints not to hunt them down. Our military com- dent Mubarak, King Hussein of Jordan, talking to people who had been victims manders told me in Sarajevo that they have and other leaders. And, it is my sense of persecution in Saudi Arabia and in the trained personnel to take them into cus- that the Israeli-Syrian tract could be Egypt. It is my hope that this issue tody if provided sufficient intelligence infor- mation on their whereabouts. very close to resolution. will come to the Senate floor. I know it is on the majority leader’s list to be Some of the Congressional opposition to Before going, on December 17, I met staying in Bosnia could be overcome with a with President Clinton, told him of my considered by the Senate sometime be- strategy to hunt down war criminals as part itinerary, and urged him to become tween now and the spring. of the SFOR mission, but this would present personally involved in the Syrian nego- This is just a brief statement of some its own set of problems. Our experience in tiations as he had been in the past. The of the highlights. Somalia was bitter when we sustained exten- parties were very close to a resolution I ask unanimous consent, Mr. Presi- sive casualties in our unsuccessful effort to of the dispute between Israel and Syria dent, that the full text of the report, take Mohammad Aidid into custody. Consid- before the assassination of Prime Min- which incorporates two op-ed pieces eration should be given to an arrest strategy if it could be accomplished with minimal dif- ister Rabin. The President was person- that have been published in the Pitts- ficulty. ally involved in those negotiations. I burgh Post-Gazette and the Harrisburg A vastly preferable course to SFOR appre- believe that with an activist hand by Patriot-News, be printed in the RECORD hension would be for Serbia to honor its the President, there could be a success- as well. commitments under the Dayton Agreement

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S619 to cooperate in apprehending the Tribunal’s choose to walk up a high hill adjacent to the progress of the peace process. Toward this indictees. After discussing this matter with city over a winding dirt trail rather than end, l met in Israel with Prime Minister the Supreme Allied Commander, Europe, using a new macadam road traveled by Serbs Netanyahu and various members of the General Wesley Clark in The Hague, I re- and Croats. Knesset, in Syria with President Assad and quested and obtained a meeting with There was considerable Congressional op- Foreign Minister Shara, in Jordan with King Slobodan Milosevic, President of the Yugo- position to President Clinton’s deployment Hussein and Crown Prince Hassan, on the slavian Federation, who had been labeled a of U.S. troops for one year in early l996 as West Bank with Palestinian Authority war criminal by Secretary of State Larry part of a multi-national force, and even more Chairman Arafat and Minister of Education Eagleburger in December 1992. Fifteen min- skepticism when he extended their stay by 18 Hanan Ashrawi, in Eritrea with Foreign Min- utes out of Belgrade on a special flight, I was months shortly after the 1996 Presidential ister Weldensae, in Yemen with President told Milosevic had suddenly caught the flu. election. In articulating the three U.S. ob- Salih and Foreign Minister al-lryani, in In my testy substitute meeting in Belgrade jectives for an indefinite stay in Bosnia, the Saudi Arabia with Saudi Intelligence Direc- with Yugoslavian Foreign Minister Zivadin President twice refers to European security tor Prince Turki and U.S. Air Force Briga- Jovanovich, I pressed Yugoslavia to turn and once to the rule of international law. dier General Rayburn and in Egypt with over several defendants in his country and to While obviously important, those reasons do President Mubarak. help apprehend Karadic and Mladic. I was not measure up to ‘‘vital’’ U.S. national in- Before I left I had a talk with President not surprised by his refusal. While in Bel- terests as defined by the historic Senate de- Clinton and urged him to become more in- grade I heardthat many there are worried bate involving Senators Nunn, WARNER, volved in the Mideast peace process, particu- about the Tribunal’s recently adopted proce- MOYNIHAN, myself and others on the Congres- larly on the Israeli-Syrian track. After meet- dure to obtain sealed indictments. Some sional resolution to authorize the use of ing with Prime Minister Netanyahu and ranking Serbian or Yugoslavian of officials force in the Gulf War in January 1991. President Assad, I am convinced that if the may travel to a jurisdiction where an arrest There is no doubt about the potential dire President of the United States became per- warrant, based on a sealed indictment from consequences if the fighting resumes among sonally involved on that track, there could the War Crimes Tribunal, could be served the Muslims, Serbs and Croats. The battle be some real movement. with a one-way ticket to custody at The may spill into Macedonia. Germany and In talking to President Assad and Prime Hague. other European countries would likely be Minister Netanyahu on trips to the area in Later stops on my trip validated the im- flooded with refugees. The entire region August and November, 1996, President portance of the International Tribunal’s ex- would be de-stabilized. Assad’s position was that he’s not going to ample to maintaining international sta- But there is significant question as to how resume negotiations unless Israel agrees to bility. In Ethiopia, Yemen and Eritrea, I far can U.S. military resources be stretched start off where Prime Minister Rabin left off, heard considerable interest in the tribunal’s on the current $268 billion defense budget. In and Prime Minister Netanyahu contended work on Rwanda war crimes. The U.S. Am- the mid-1980s, those appropriations approxi- that he had a different mandate from the bassador to Ethiopia expressed concern mated $300 billion, which would exceed $400 Israeli electorate. This time, I noticed the about the slow progress of the tribunal on billion in 1998 dollars. The top U.S. military same words, but somewhat of a difference in the Rwanda indictments. Yemeni Foreign brass in Bosnia and NATO had no response to tone. I firmly believe that progress could be Minister Al-Iryani expressed satisfaction my questions on priorities in deciding how to made on this track with direct Presidential that 23 individuals are in custody on charges spend among Bosnia, Korea, Iran, Iraq and involvement. of war crimes in Rwanda. the world’s other hot spots. On the question of the Golan, I raised with Eritrean Foreign Minister Haile Weldensae The other nations insist on U.S. leader- President Assad the issue of submitting the told me that successful prosecutions against ship. The U.S. has about 8000 soldiers in the return of the Golan to an Israeli referendum Rwanda defendants would help bring peace Bosnia force, compared to approximately as part of any agreement with Israel. While to that country which still suffers from mas- 2500 Germans, 5100 British, 3200 French, and initially President Assad considered this a sacres. Yemeni President Salih cautioned 1400 Russians. Most of those nations are matter purely for Israeli domestic consump- against the tribunal’s handling of the Rwan- AWOL when it comes to supporting the U.S. tion, after we talked for a while, he acknowl- da prosecutions without a better under- on tough sanctions against Iraq or on our ef- edged that it could form a part of a future standing of African problems. But the his forts to isolate Iran, and France has chosen arrangement. If the sticking point of the sta- Foreign Minister struck a positive chord, not to let its officers testify in front of the tus of Golan were decided directly by the saying the Rwanda tribunal ‘‘will absolutely International Criminal Tribunal in The Israeli electorate referendum, this would deter’’ future atrocities and that it would set Hague. This is particularly outrageous given allow Prime Minister Netanyahu to nego- a ‘‘very good precedent that no one should that General Shinseki’s multi-national staff tiate with Syria, notwithstanding his ‘‘man- get away from war crimes.’’ told me that successful prosecution of tri- date.’’ As I did in the past, I also raised with From my review of the tribunal’s progress, bunal inductees forms a lynchpin of future President Assad the issue of Israeli MIAs and it is clear that it faces many hurdles: the Bosnian stability. body has only one courtroom (with a second In the field, our Bosnian troops express I was told that the Syrians have made con- under construction), and is frequently under- mixed sentiments on our continuing role tinuing efforts. I had raised that in the past, cut by France and Yugoslavia in carrying there. While there is pride on preserving the and they say they have not been able to find out its work. The tribunal’s budget has been peace and noting some improvements, most anything to this point. I raised a number of increased, but still will have grossly insuffi- say we will have to be there for decades. other MIA issues; I’ve been asked by the U.S. cient resources to carry out its vital man- Doing our part does not mean doing more Embassy not to discuss those issues in de- date. Only resources, perseverance and than other major European nations. This is tail, but I did raise them all. I was assured strong international backing will enable the not the Cold War where the U.S. squared off that work is being done on them. By contrast with the Israeli-Syrian track, War Crimes Tribunal to make a success of its against the USSR and our dominant role in the Israeli-Palestinian peace talks are much unique opportunity to extend the rule of law NATO protected our vital national interests. more difficult. There are a lot of people in against international criminals. Obviously, Bosnian stability is of much the region who contend that Prime Minister greater concern to the European nations BOSNIA Netanyahu has not kept his promises on the than it is to the U.S. The second phase of my trip involved eval- Israeli-Palestinian process. Prime Minister If we are to stay, we should (1) get greater uating the President’s recent decision to Netanyahu insists that he has kept his prom- commitments from the other major powers— stay to stay in Bosnia indefinitely in the ises. I believe that bringing both sides to- Great Britain, France, Germany, Italy, etc; face of the Defense Appropriations Act cut- gether in this atmosphere is going to take a (2) secure agreement from those nations to ting off funding for our military operations lot of work. I was glad to see the President share on stabilizing the other world hot there on June 30, l998. Clearly, Congress and bring both Prime Minister Netanyahu and spots; (3) obtain real cooperation from the the President may be on a collision course Chairman Arafat to meet with him in Wash- Serbs, Muslims and Croats on taking into on this matter. Evaluating our policy in Bos- ington last week, but I wish that more could custody defendants under indictment by the nia took me to Sarajevo, Belgrade and Italy have been attained by way of tangible War Crimes Tribunal; and (4) set a time- to meet in the field with our troops and with progress during their visits. I feel that a table on benchmarks for progress which military leaders from the U.S. and NATO similar Oval Office dialogue between Prime would permit a reduction and, ultimately, a Commands. Minister Netanyahu and President Assad withdrawal of U.S. personnel in Bosnia. In Sarajevo, I asked our troops to estimate would prove more fruitful because the Congress is prepared to be cooperative, but how long we would need to stay there to Israeli-Syrian track appears not as intrac- there are important issues and interests avoid the resumption of bloodshed which table. which must be addressed to our satisfaction. would happen if they left on Congress’s As ever, Islamic fundamentalist terrorism The Defense Appropriations Subcommittee, schedule. A frequent answer was a genera- represents the greatest threat to regional se- on which I serve, should not and will not tion, given the intensity and longevity of the curity in the Middle East, and, in light of issue a blank check on Bosnia. religious and ethnic hatreds between the this, my visit to Saudi Arabia was especially Muslims, Croats and Serbs. Command Ser- MIDDLE EAST PEACE instructive. I visited thousands of U.S. air- geant Major Selmer Hyde, a Pittsburgh na- The third phase of my trip involved assess- men living in tents at the remote Prince Sul- tive, pointed out that Muslims in Sarajevo ing Middle East regional stability and the tan Air Base, to which our forces were sent

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S620 CONGRESSIONAL RECORD — SENATE February 11, 1998 following the terrorist attack on Khobar side. Another Christian from India told of a and I will continue to pursue our bill toward Towers in Dhahran in June 1996. Their living Sunday School being ransacked by Saudi re- the goal of putting teeth in our country’s quarters made the Allenwood Federal Prison ligious police with the arrest and detention longstanding policy against foreign religious in Pennsylvania look palatial. of a pastor, his wife and three children. persecution. I had met with FBI Director Louis Freeh American soldiers of Jewish faith feel par- MAGNETIC LEVITATION TRAIN TECHNOLOGY before departing, and discussed, among other ticularly at risk in Saudi Arabia. They On my way back to Washington, I stopped issues, the level of Saudi cooperation with change their ‘‘dog tags’’ to eliminate any in Lathen, Germany, to announce the com- our counter-terrorism effort. In Riyadh, I reference to their religion during their tours pletion of an agreement to bring German met with Saudi Intelligence Director Prince there. When a rabbi from the Chaplain Corps high-speed magnetic levitation (‘‘maglev’’) Turki, and strongly objected to the Saudis’ recently visited U.S. military posts in Saudi train technology to Pennsylvania. I took a refusal to honor their commitment to allow Arabia, many Jewish soldiers declined to demonstration ride on the maglev train, the FBI to question suspects in the Khobar meet with him. which is capable of speeds as high as 310 Towers bombing. Prince Turki replied that The Saudi answer on the religious ques- miles per hour. Saudi national sovereignty entitled his gov- tions was identical to their rationale on re- This is something I have been working on ernment to handle the matter as it chose. fusing to allow the FBI to interrogate the in the area of Transportation Appropriations This is particularly irksome, given the sac- Khobar Towers suspects. The only difference for a long time. The maglev train ride would rifices that our troops are making in the re- was that source of their obstinacy was the improve the quality of life of all Pennsylva- gion to provide the Saudi government pro- Koran instead of national sovereignty. Nev- nians who feel they spend too much time in tection from Iraq. ertheless, l believe the Saudi attitude on re- ligious bias can be changed at least to some traffic or at congested airports. This tech- FOREIGN RELIGIOUS PERSECUTION extent in the face of sufficient U.S. and nology would also bring Pennsylvania’s steel The fourth phase of my trip involved gath- world persuasion and pressure. industry roaring into the 21st Century be- ering information on foreign religious perse- On September 12, 1997, Prince Sultan re- cause the maglev train uses steel guideways cution. Worldwide persecution of religious portedly made a commitment to the Pope over hundreds of miles. minorities, focused particularly on Chris- that Christians would be permitted to pray The train went a little over 250 miles per tians in Muslim countries China and Tibet, together in the solitude of their homes. Even hour and it was exhilarating to be in a kind led last year to the introduction of the SPEC- that remains to be seen. Prince Turki of mass transit which goes so fast, a little TER–Wolf bill which would create a U.S. of- claimed that Saudi policy did not preclude like Buck Rogers. It would be tremendous fice to monitor such persecution and impose people from bringing bibles for their own for Pennsylvania and a tremendous boon to trade sanctions on countries which system- personal use through customs; but, he said, the economy of every stop along the line atically persecute any religious group. zealous customs bureaucrats often act on from Philadelphia to Pittsburgh, such as Toward the goal of fact-finding, I met with their own in confiscating these items. Lancaster, Harrisburg, Lewiston, State Col- religious leaders and governmental officials From my discussions with foreign leaders lege, Altoona, Johnstown, and Greensburg. in Egypt, Saudi Arabia, Ethiopia, and Eri- and with religious minorities, it was clear People could go from Philadelphia to Pitts- trea and Yemen. I had wanted to visit Sudan that just the introduction of the Specter- burgh in one and a half hours non-stop, revo- to investigate persecution of Christians by Wolf bill has had an effect on foreign repres- lutionizing our transportation system. I look the fundamentalist Islamic Sudanese govern- sive practices. My friend, the Special Advi- forward to continuing to support this eco- ment, but was told by the State Department sor to President Mubarak, Osama el-Baz, nomical, forward-looking technology in the that Sudan was unsafe for American delega- came to see me in my Senate office before future. tions. I did meet with the Sudanese govern- my trip to ask that Egypt not be included Mr. SPECTER. I thank the Chair and ment-in-exile in neighboring Eritrea, and among countries which persecuted Chris- discussed reports of Sudanese persecution yield the floor. tians. Also, fifty-three Egyptian Christians Mr. GRAMS addressed the Chair. with His Holiness Abuna Paulos, the Patri- recently publicized a letter saying, in effect, arch of the Ethiopian Orthodox Church, and the U.S. should mind its own business even The PRESIDING OFFICER. The Sen- with the leadership of the Ethiopian Su- though they acknowledged that ‘‘there are ator from Minnesota. preme Islamic Council in Addis Ababa. certain annoyances that [Christians] in Mr. GRAMS. Mr. President, I ask My fact-finding corroborated the wide- Egypt suffer from.’’ unanimous consent to be able to speak spread reports of bias, mistreatment and Egyptian evangelicals were not as re- as if in morning business for up to 10 even persecution of religious minorities in strained. They cited cases of eight and nine minutes. the Middle East and Africa. months in jail for Muslims who sought con- The PRESIDING OFFICER. Without Egyptian President Mubarak and Saudi version to Christianity. One scholar pro- Arabian Intelligence Director Prince Turki duced statistics showing 1624 people were objection, it is so ordered. told me that public intolerance toward non- killed by religious violence in Egypt from Mr. GRAMS. Thank you, very much. Muslim religions springs from the Koran. l990 through 1992 including the deaths of 133 f Conversion from Islam to Christianity or Christians. Evangelicals in both Egypt and any other religion carries the death penalty Ethiopia also complained about the long THE PRESIDENT’S BUDGET under Muslim laws that are based on teach- time it took to secure official permission to ings of the Koran. Mr. GRAMS. Mr. President, I rise build churches, a snag that, in effect, sty- today to make a few, brief observations I heard conflicting statements in Saudi mied their religious activity. Arabia about whether the death penalty is Since the State Department advised about the President’s budget. actually imposed on conversion. One U.S. against visiting Sudan, we sought informa- Let me say I welcome the fact that citizen living in Riyadh told me of a tion on that country’s practices in the neigh- President Clinton has come up with a videotaped beheading by Saudi authorities of boring countries of Eritrea and Ethiopia. budget that may finally be balanced in a Filipino Christian, but there was some Eritrean Christians confirmed claims of Su- the next fiscal year, although I do not question as to whether this individual was danese children being sold into slavery. They agree with the outlines of his plan. The put to death solely because of his faith. attributed it to profiteering by the militia as good news is that if the economy stays There appeared to be more substance to a part of the booty of war. One Eritrean Chris- claim of religious motivation for the execu- tian commented on Sudanese governmental as strong as expected, we may soon tion of a Christian charged only with rob- action in closing churches in 1997. enjoy a unified budget surplus for the bery, since that punishment far exceeded the Our Christian, Jewish and Moslem inter- first time since 1969. usual penalty for that crime. locutors in Saudi Arabia, Egypt, Ethiopia However, Mr. President, again, after Aside from the issue of capital punish- and Eritrea were particularly pleased that a thorough examination of President ment, there is no doubt that the religious po- the U.S. Congress was considering the issue. Clinton’s budget, I must say this is not lice in Saudi Arabia are very repressive An Egyptian Muslim almost withdrew his at all a responsible and honest pro- against Christians. A Mormon U.S. citizen objection to the Specter-Wolf bill when he posal. Here is why: reported a Saudi investigation seventeen heard it applied to other nations and had no years ago arising from prayer meetings in a sanctions against Egypt on U.S. foreign aid. First, President Clinton claims it is private home. A dossier, he said, has been Archbishop Silvano Tomasi, Vatican Ambas- his fiscal policies that have reduced maintained by Saudi authorities on partici- sador to Ethiopia, complimented the pro- the federal deficit and brought the pants resulting in a recent deportation of a posed legislation for raising the level of dia- budget to the edge of balance. That Mormon found in possession of a religious logue, adding that, if it were enacted with a would be stretching the truth. The pro- video. ‘‘little bite,’’ then so much the better. ductivity of the American people has Other U.S. citizens in Riyadh told of By raising the profile of the religious per- brought us to this point, in spite of Christmas decorations being torn down in secution issue in the current discourse of for- hospitals, seizures of personal bibles by eign policy, Congress has been able to make what Congress has done or the Presi- Saudi customs officials and prohibition of some progress on advancing the cause of reli- dent’s tax-and-spend habits. The truth displaying a Christmas tree in the window of gious freedom abroad. Still, many problems is, the President has only been willing a private home if it could be seen from out- remain. For this reason, Congressman Wolf to balance the budget, if he is allowed

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S621 to use all increases in revenues, plus in federal spending. The ink is barely anced Budget Act, the President antici- even higher taxes, to match his appe- dry on last year’s budget agreement, pates the use of $60 billion in tax in- tite for spending on expanded pro- which gave working Americans, or at creases to offset discretionary spend- grams, new programs, and new entitle- least a few of them, $90 billion in tax ing. ments. relief, and now the President proposes By doing so, without amending the In 1992, candidate Bill Clinton prom- wiping out that tax cut with $115 bil- law, the budget in effect violates the ised he would balance the budget if he lion in new taxes—or increases in exist- two separate enforcement measures set were elected. When President Clinton ing taxes, permits, or fees. up by the 1990 Budget Enforcement arrived at the White House in 1993, he The most untruthful thing about this Act, and it violates the spirit of last abandoned that promise at the front budget is President Clinton’s rhetoric year’s budget deal. door. The first budget he proposed that the era of big government is over. Mr. President, we broke the 1993 stat- called for the largest tax increase in OMB director Raines testified in the utory spending caps last year, and we history and increased federal spending Senate Budget Committee last week must never repeat that mistake. The of more than a trillion dollars in just that by any standard, big government current spending caps must stay in five years, a jump of 20 percent. was indeed over. A $100 billion govern- place. In 1995, the President again promised ment 35 years ago is now 18 times larg- Fourth, President Clinton claims America he could balance the budget, er, at $1.8 trillion. Who is kidding who? that his budget will save Social Secu- first in ten years, then nine, then If he does not get those new taxes rity. Again, the President is not being eight, and finally, seven. He made a through Congress, the President wants truthful to the American people. On similar balanced-budget promise in to borrow from the Social Security the contrary, his budget does nothing 1996. Finally, after spending all of the Trust Fund. Mr. President, the Con- to address our long-term financial im- $225 billion revenue windfall ‘‘miracu- gress must not permit the President to balances. lously’’ discovered by the CBO, Presi- finance his spending programs, his big- And his call for increased spending dent Clinton and the Congressional government solutions, by borrowing would use all of any surplus, leaving leadership agreed last year to achieve a from Social Security. nothing for Social Security. In fact, balanced budget in six years. If you count what Senator GRAMM under the unified budget, the President Mr. President, it is the American calls ‘‘hidden spending’’ of $42 billion, will borrow another trillion dollars economy that produced this unprece- actual spending under the President’s from the Social Security Trust Fund dented revenue windfall for the federal budget would reach $1.775 trillion, a 6.4 by the year 2012. government, and the unexpected dol- percent increase, and a Washington The President’s Medicare proposal in lars have come directly from working record. And it continues to grow from this budget does more harm than good. Americans—taxes paid by corporations, there. In 2003, the President is asking Although the President has proposed individuals, consumers, and investors. for $1.945 trillion in federal spending. putting the projected budget surplus Washington did not do any heavy lift- Total federal spending for the next five into the Social Security trust funds, he ing: the people did. Yet, Washington years would reach $9.2 trillion. Annual has no specific plan of how to save So- takes all the credit. government spending was $1.4 trillion cial Security. Second, the Clinton Administration when Mr. Clinton became president. Simply throwing money into the sys- claims that this budget will produce In five years, the President has al- tem without real reform will not pre- surpluses ‘‘as far as the eye can see.’’ ready increased government spending serve it. President Clinton’s own Social Sure, as long as you are looking by 27 percent. Is there any sign of lean- Security Commissioner, Kenneth through rose-colored glasses. Such er government? No. The truth is that Apfel, recently said the President’s claims are explicitly intended to mis- the government is growing bigger and proposal to bail out Social Security lead the American people. Mr. Presi- bigger and bigger. could not alone come close to solving dent, this projected surplus is only a Nor does this budget do anything to the system’s impending deficit. It may surplus under a unified budget. With- eliminate wasteful and unnecessary only extend the fund for two to five out borrowing from the Social Security Federal programs. It does nothing to years. trust funds, the real federal deficit make the government more account- Mr. President, I am deeply dis- could reach $600 billion over five years. able and efficient. It actually increases appointed with this budget and trou- The total deficit will reach a trillion in civilian nondefense employment by bled by its untruthfulness to the Amer- the next decade. This means we will see 9,200. This is big, central government ican people. deficits, not surpluses, as far as the eye by any standard. Although our short-term fiscal condi- can see. Mr. President, as I said on the floor tion has improved in recent years, In fact, the CBO estimates the pos- the other day, if this is a race to prove thanks to what Chairman Greenspan sible budget surplus could easily turn who can be the most ‘‘compassionate’’ called an ‘‘exceptionally healthy’’ into a $100 billion deficit. I asked Dr. with the taxpayers’ dollars, it is a race economy, our long-term fiscal imbal- O’Neill last week what the odds were nobody is going to win, and one the ances still impose a threat to our fu- we would achieve a budget surplus taxpayers most certainly will lose. The ture. versus ending up with a deficit, and she truth is simple: you cannot buy com- Washington’s bills remain said it was 50/50. This uncertainty re- passion. astronomic. We have a $5.5 trillion na- quires us to exercise fiscal discipline, Third, the President claims that he tional debt, at least $14 trillion in un- not to run off and approve another $123 will not bust the spending caps set up funded liabilities for Social Security billion in spending as the President has by last year’s budget agreement. and Medicare, and more than $5 trillion proposed—money from a surplus we Again, this is not true. President Clin- worth of government contingencies. have not seen yet and a tobacco settle- ton has not only violated the spirit of These risks will shatter our economy if ment that is only a proposal. the budget deal, he has also in effect we fail to take action now. I need to stress that a unified bal- broken the statutory spending caps es- If the President will not step up and anced budget is an unacceptable pros- tablished under the Balanced Budget take the lead in ensuring fiscal respon- pect if it is achieved at the expense of Act of 1997. sibility, then Congress must. We must responsible governing. The truth is Secretary Rubin assured us last week continue to cut government spending, that the President’s budget continues that the President would be bound by shrink the size of the government, and the tax-and-spend policies that have the budget agreement we reached last reform Social Security and Medicare to been the hallmark of this Administra- year. But by the President’s own esti- save them. tion. Again, after setting spending lim- mates, his budget does not meet the Mr. President, in the next few its that in 1997 grew the government statutory caps on discretionary spend- months, I intend to work with my col- three times faster than inflation, or ing by actually reducing that spending. leagues and the Administration to ex- the incomes of working Americans, the The offsets proposed in the budget ercise the fiscal discipline necessary to President wants to blow those spending are highly questionable. To stay within ensure the federal budget will be bal- caps with another $123 billion increase the caps called for by last year’s Bal- anced—and stay balanced—without

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S622 CONGRESSIONAL RECORD — SENATE February 11, 1998 new taxes, without new spending, and the letter was a 1988 acquittal of a man line with other judges. I must say these without borrowing from the Social Se- charged with possession of two and a arguments are misleading, as dem- curity Trust Fund. half pounds of cocaine. The acquittal onstrated by the statistics provided to That is the responsible thing to do. was the second by Judge Massiah-Jack- the Senate Judiciary Committee. That is the honest thing to do. And, son of alleged drug dealers arrested by In reality, Judge Massiah-Jackson Mr. President, that is the right thing the same police officers. In open court deviated from state sentencing guide- to do. she told these arresting officers, who lines, in favor of criminals, more than The PRESIDING OFFICER. The Sen- were working undercover, to turn twice as often as other judges accord- ator from Iowa. around and told the drug dealers and ing to statistics compiled by the Penn- Mr. GRASSLEY. Mr. President, I other spectators to ‘‘take a good look sylvania Commission on Sentencing. have two different items that I want to at the undercover officers and watch From 1985 till 1991, Judge Massiah- visit with my colleagues about. No. 1 is yourselves.’’ The incident was reported Jackson sentenced below the Pennsyl- on international trade, and the second in a Philadelphia newspaper and, as has vania guidelines 27.5 percent of the one will be on the Massiah-Jackson been mentioned, the Judiciary Com- time. Other Pennsylvania judges sen- nomination that is before the Senate. mittee has also received the signed tenced below the guidelines in only 12.2 (The remarks of Mr. GRASSLEY per- statements of Detective Sergeant Dan- percent of the cases. This record can- taining to the submission of S. Con. iel Rodriguez and Detective Terrance not be characterized as fair to victims Res. 74 are located in today’s RECORD Jones, the officers involved. This con- or law enforcement, and is not in line under ‘‘Submission of Concurrent and duct not only significantly reduced the with other judges. We’ve also heard the Senate Resolutions.’’) crime fighting effectiveness of the offi- argument that district attorneys regu- larly disagree with judges. Well, Mr. f cers, but more importantly, they be- lieved it put their lives in serious peril. President, in the seventeen years I’ve EXECUTIVE SESSION This is not the type of conduct ex- been voting on judicial nominees, I pected from a Judge, nor can it be tol- don’t ever recall such local, public op- position as we’ve seen in this case. This NOMINATION OF FREDERICA A. erated. In addition to this letter, the mem- is truly unprecedented. MASSIAH-JACKSON, OF PENN- bers of the Judiciary Committee also We in the Senate can no longer over- SYLVANIA, TO BE U.S. DISTRICT received a letter from Philadelphia look and excuse a record that is clearly JUDGE FOR THE EASTERN DIS- District Attorney Lynne Abraham, who against the interests of law enforce- TRICT OF PENNSYLVANIA stands in opposition to this nomina- ment personnel and victims of crime, The Senate continued with the con- tion. The opinion of Mrs. Abraham, or professional conduct which is below sideration of the nomination. who by the way is a Democrat, is par- the dignity of a judge. No person, of Mr. GRASSLEY. Mr. President, I ticularly relevant since she cam- any race or any gender, should be able want to make a few comments on the paigned with and served on the bench to serve on the federal bench if she or nomination of Judge Frederica at the same time as Judge Massiah- he demonstrates a bias against police Massiah-Jackson to the Federal Dis- Jackson. Mrs. Abraham concludes that, and prosecutors, is soft on crime and trict Court for the Eastern District of ‘‘the nominee’s record presents mul- shows a lack of proper judicial tem- Pennsylvania. tiple instances of a deeply ingrained perament. For these reasons, I will op- Recent resistance to her nomination and pervasive bias against prosecutors pose the confirmation of this nominee has moved beyond individual opponents and law enforcement officers and, by and urge my colleagues to do the same. to wide-spread, bipartisan opposition. extension, an insensitivity to victims The PRESIDING OFFICER (Mr. We’ve heard about opposition from the of crime. Moreover, the nominee’s judi- COATS). The Chair recognizes the Sen- Pennsylvania District Attorneys Asso- cial demeanor and courtroom conduct, ator from North Dakota. ciation. in my judgment, undermines respect f Additional opposition comes from a for the rule of law and, instead, tends ISTEA Philadelphia lodge of the Fraternal to bring the law into disrepute.’’ She Mr. DORGAN. Mr. President, I want Order of Police, as well as the Fra- further notes that, ‘‘this nominee’s ju- to visit for just a minute the issue ternal Order of Police, National Legis- dicial service is replete with instances about the highway bill and roads. lative Program. The F.O.P. has written of demonstrated leniency towards I would say to the Senator from Indi- letters to the Senate and the President criminals, an adversarial attitude to- ana, the Presiding Officer, that when I voicing their concerns over the safety wards police, and disrespect and a hos- was in high school in a small town in and welfare of the Philadelphia police tile attitude towards prosecutors un- North Dakota, I was agitating pretty force if Judge Massiah-Jackson is con- matched by any other present or hard to get a car. The way my dad firmed. They fear her established former jurist with whom I am famil- warded me off from this desire to pur- record of being extremely lenient on iar.’’ chase a car was he said I’ll let you buy criminals and her insensitivity to vic- These are not the biased opinions of a car because I have one spotted for tims of crime will ‘‘pose a direct racist or sexist opponents, as some you. But he insisted that I would have threat’’ against police. Also, the Na- have irresponsibly charged. They are to restore it. tional Association of Police Organiza- the informed opinions of respected dis- Sure enough, my father, who deliv- tions, which represents more than 4,000 trict attorneys and law enforcement of- ered gasoline to rural users, family police unions and associations and over ficers with personal knowledge of the farmers, with his rural delivery gaso- 220,000 sworn law enforcement officers, nominee. In fact, District Attorney line truck, had been out on a farm and opposes the confirmation of Judge Abraham has publicly said she ‘‘firmly he saw a 1924 Ford Model T in a gra- Massiah-Jackson. believes the next appointee to the U.S. nary. It had been sitting in that gra- If this isn’t a strong indication of the District Court here should be an Afri- nary for many, many years. He said, problems this nominee’s confirmation can-American woman. But that ap- you know the fellow who used to own would cause, I don’t know what is. pointee should be one of the many emi- that farm and put that Model T in The Northampton County District nently well-qualified African-American there, he lives out of State. You should Attorney has also written a letter to women lawyers in the area, and not write him a note and see if he would the Senate detailing twelve separate Massiah-Jackson.’’ want to sell you that Model T. So I did, instances illustrating the improper Despite these fact-based opinions, and the fellow wrote back and said he conduct of Judge Massiah-Jackson. supporters of the nominee have repeat- would be glad to sell me his 1924 Model The facts on which the letter is based edly insisted that she should not be T Ford. He sold it to me for $25 and were compiled from internal memoran- judged on a few cases, and that her sent me the original key and original dums, court transcripts and other doc- overall record can be characterized as owner’s manual. uments from the office of the Philadel- fair to law enforcement and crime vic- I went out to look at this car I just phia District Attorney’s Office. The tims. They also point out that sen- bought and the rats had eaten out all most egregious example disclosed by tencing statistics show she is right in the seat cushions and all the wiring

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S623 and all there was was a metal shell the amendments and pass a highway best hotel in a town, and turned on the with the engine, and no tires, of course. bill so that those people out there who tap and have gotten rust and water to- And so I was the proud owner of a 1924 are running the highway programs in gether because their infrastructure was Model T Ford. That’s the car my dad the State governments, and those peo- terrible. And I have driven from that got me for my social life. It wasn’t ple in the county commission offices town in a Jeep, going only 25 or 30 much of a social life for long while, be- and in the townships and the cities, miles an hour because the roads, the cause it takes a long time to restore a will understand how much money is main roads, the best roads, are full of Model T Ford. As a matter of fact, I available to build and to repair roads holes and ruts that will tear up a car’s didn’t know much about it. I was told, and bridges. This plan must be passed underside if you go faster than that. by the way, the reason the owner drove by the Congress to allow all of those We all understand that many of those it to the granary and put it in that gra- folks to understand what they can and countries have not had the opportunity nary for a long, long time was the cannot do; how much is available. or the resources to develop their infra- Model T’s are like the old red wagon This morning I stopped to put some structure. you used to pull when you were a kid. gas in my car on the way to work. I not In some ways, the inability to de- If you turn the wheel in front too far, only paid for the gasoline, I also paid a velop the infrastructure predicts that they would tip over. It’s called jack- tax. That tax is going to go from that they will not become a developed coun- knife. A lot of people don’t remember station that I stopped at to the Govern- try; that they will remain a country that. But the Model T would jackknife ment coffers and will be put in a trust that is a Third World country. We dis- if you turned the wheel too sharp. I was fund, and it is going to be used in one tinguish ourselves and have become an told, the fellow who owned it had been way or another, I expect, to build a enormously successful country over a in town drinking and driving home road or repair a bridge. That’s the pur- couple of hundred years by our desire from the bar he thought he saw some pose of the gas tax that we have im- to build in this country, to build and chickens in the road so he thought he’d posed, in order to provide for this infra- create. Part of that building and cre- take a sharp left turn and he structure investment. ating is to invest in infrastructure. jackknifed the Model T and it pinned We have a responsibility now to do And part of that is to invest in the best him beneath the Model T and hurt him last year’s work. Some say, ‘‘Gee, we road and highway system anywhere. a little bit. He survived, but he parked didn’t get it done last year. That is We face some daunting tasks now the Model T in the granary and never somebody else’s fault.’’ Or they point a with respect to bridges and some of our drove it again. He was pretty upset, I number of different ways. ‘‘But now we roads in this country. They are in des- guess. must wait for next year’s budget in perate need of repair. We have been Then I bought it. Then I had a 1924 order to bring the highway bill to the putting money in a trust fund with Model T Ford to restore and drive on floor.’’ which to do that. Yet, in many cases modern roads, which was really quite We don’t need to delay last year’s the trust fund hasn’t been used because an interesting thing to do. It didn’t im- work to deal with next year’s budget. they want to build up that money to prove my social life, but nonetheless I It doesn’t make any sense to me. Those use it as an offset to make the deficit had a car, an old car on new roads. people who have come to the floor of look different than it should have One of the interesting things about the Senate on a bipartisan basis and looked. Or others have other ideas on automobiles in our society is that we said this Congress is moving at a Model what to do with the money. The point have not only seen dramatic changes in T speed here—this is really glacial is, we have a responsibility, all of us our automobiles from the first Model T speed, at least as we have taken off serving now, to deal with the infra- I purchased as a young kid, but the in- from the blocks. Let us bring some- structure needs of our country now. I frastructure that we use and that we thing to the floor that we must do and implore the majority leader and others need for those automobiles and for must do soon. Let all those who have to consider, as they develop the agenda transportation has also changed dra- amendments to it offer those amend- for this Senate, that, beginning tomor- matically. ments, have a debate on the amend- row or the day after tomorrow or next I am told that a new automobile in ments, and vote so we can do our busi- Monday, decide that high on the agen- this country, manufactured here today, ness. da, at the top of the list, will be for us has more computer power in the auto- Some say if we do it the other body to do what we must and should do: Pass mobile than existed in the lunar lander will not do it anyway. The other body a highway program that invests in this that put the first American on the has signaled that it does not intend to country’s infrastructure. Moon. There were breathtaking take up a highway bill until the budget Mr. President, I indicated that this is changes in manufacturing techniques is complete this spring. not an issue of partisanship. It is, in- and the production of consumer prod- I was on a television program with terestingly enough, every time you get ucts, especially in automobiles. But we the chairman of the committee in the a highway bill to the floor, it is a de- also have to understand that, as a soci- other body that deals with this issue. bate between a group of States that ety, that no matter how much we He said that the Speaker has indicated think the formula by which we divide change these consumer products in he doesn’t want this to come up until the highway moneys is a terrible for- ways that are really wonderful, we also after the budget process. I respectfully mula and others who think the formula must invest in infrastructure. So we say to the Speaker, ‘‘That may be your is a wonderful formula. It depends on have, over the years, consistently, Re- desire, but I don’t think that’s what who gets and who gives. My State, I publicans and Democrats, everyone, the American people desire.’’ It’s cer- just would say with respect to the for- worked together, from county commis- tainly not what I desire. I hope at least mula, as you might think, gets more sioners to U.S. Senators and mayors those of us in the Senate could pass the back than it sends in for the highway and Governors, to decide we need a bill and send it over to the House and program. So some States would look at first-class road system. We have, in then say to them the American people my State and say: ‘‘Well, your State is part, become a world-class economy be- want this done. Let’s put some pressure a receiving State or a recipient State cause we have a first-class infrastruc- on them. The best way to apply pres- or a beneficiary’’ and my State, some- ture and a first-class transportation sure to get something done is to do our body else’s State, they would say, ‘‘is a system. work. Our job at this point is to bring donor State. We are upset about that.’’ We have before us in the U.S. Con- the bill to the floor and begin to deal Without getting into a debate about gress the need to pass a new highway with this bill. the formula, I would just say this. We bill. It is not a partisan issue. I don’t I have traveled in various parts of are a State that is 10 times the size of come to the floor to blame anybody for the world at various times. One of the Massachusetts, in North Dakota. You anything. I come to the floor, as have interesting things that distinguishes a can put 10 States the size of Massachu- some Republicans and some Demo- Third World country or a developing setts inside the borders of North Da- crats, and say it is time now to put the country from a developed country or kota. Yet we have only 640,000 citizens. highway bill on the floor and let people an industrialized country is its infra- Those 640,000 citizens cannot by them- who want to offer amendments offer structure. I have been in hotels, the selves pay sufficient gas taxes locally

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S624 CONGRESSIONAL RECORD — SENATE February 11, 1998 to maintain the roads and bridges nec- The PRESIDING OFFICER. The Sen- commodate bigger airplanes, and some essary in our State, in order to make it ator is recognized for that purpose. people are not anxious to see that hap- a national road system. We cannot do Mr. THOMAS. Thank you very much. pen. it. f It would not result in any significant In fact, if you measure the burden noise increase. In fact, I am told that another way, we in North Dakota rank JACKSON HOLE AIRPORT the newer airplanes are less intrusive among the highest in the country in Mr. THOMAS. Mr. President, I rise with noise perhaps than the older ones. per-person payments of Federal gas today to talk a little bit about a paro- If, in fact, these statements are cor- tax. Our burden ranks among the high- chial issue that is peculiar to Wyo- rect—and they appear to be—then why est in the country. But others want to ming, but it is one that is troublesome. is the proposal being delayed? The FAA segregate it out and say, ‘‘Well, you It has to do with the Jackson Hole Air- has been unresponsive and uncoopera- are a recipient State and that is not port. I am rising to express my frustra- tive with my office on this matter. right.’’ tion regarding the Federal Aviation In December of 1997, 8 months after I say, but we in North Dakota pay for Administration (FAA) and its lack of the completion of the study, the FAA the Coast Guard. action with respect to an environ- still had not acted on the environment We don’t mind doing that. I am a tax- mental assessment (EA) regarding safe- assessment. I wrote the agency asking payer. My constituents are taxpayers. ty issues at the Jackson Hole Airport. it to expedite its consideration of this We pay for the Coast Guard. We don’t Let me explain why the issue is so matter and I ask unanimous consent to really have any coast to guard. North important to us in Wyoming. Jackson have it printed in the RECORD. Dakota is landlocked. We don’t mind Hole is the busiest airport in Wyoming. There being no objection, the letter really doing that. That is the way It is the only commercial service air- is ordered to be printed in the RECORD, these things should be done on a na- port in the country that is located as follows: tional basis. within a national park, Grand Teton When it comes to investing in high- DECEMBER 4, 1997. National Park. As a consequence, of JANE F. GARVEY, way programs, we feel also that there course, the FAA and the Park Service Administrator, Federal Aviation Administration, ought to be a national program to are very careful about making safety Washington, DC. make sure that our country is a coun- or other improvements at this facility. DEAR ADMINISTRATOR GARVEY: We write to try that is not divided by those areas request that you expedite action on the And they should be. As chairman of the that have good roads and those that Final Environmental Assessment (EA) sub- don’t, because some can afford it and Senate subcommittee on national mitted by the Jackson Hole Airport Board in some can’t. parks, I agree that all of the proposals April of this year. Prompt action by the Fed- Roads and infrastructure represent a for changes at the Jackson Hole Air- eral Aviation Administration (FAA) is vital national need and a national priority, port ought to be carefully examined. to maintaining safe air travel to and from Jackson Hole Airport. and the satisfaction of that need and You won’t find a bigger advocate for our national parks in the U.S. Senate As you may know, the Jackson Hole Air- priority makes this a better and a port enplanes more passengers than any stronger country. I hope that the dis- than me. However, there are some sig- other in our State and provides an essential cussions on the floor of the Senate by nificant safety issues that must be ad- transportation link to the northwest area of Senator BYRD, Senator GRAMM and dressed quickly. Wyoming. In addition, between 1984 and 1992, Senator BAUCUS and so many others Between 1984 and 1992, the airport the Jackson Hole Airport had more ‘‘runway who are urging that we be allowed on had more ‘‘runway excursions,’’ which excursions’’ than any other air carrier air- this agenda to consider very, very soon is a nice way of saying they ran off the port in the United States. Both you and Sec- retary of Transportation Slater have em- the highway reauthorization bill, I end of the runway, than any other air- port in the country. This includes a phatically stated that safety is the top pri- hope those urgings will be heard and ority of this administration. We agree that that we will very soon be on that par- broad range of aircraft, from general the traveling public’s safety is vital and con- ticular business. aviation and small commuters, to large sequently ask that you expedite the consid- Mr. President, with that, I see a col- aircraft such as 757s. eration of this plan. league is on the floor. I yield the floor. Since 1992, there have been seven ad- In the fall of 1993, the Wyoming Congres- Mr. HUTCHINSON addressed the ditional runway ‘‘incidents’’ that have sional Delegation requested inter-agency co- Chair. occurred. operation in the preparation of an Environ- The PRESIDING OFFICER. The Sen- In response to these problems, the mental Assessment of Master Plan Alter- ator from Arkansas. Jackson Hole Airport board began an natives to enhance the safety and efficiency Mr. HUTCHINSON. Mr. President, I of the Jackson Hole Airport. The Delegation environmental assessment in 1992. All was assured by then Secretary of Transpor- ask unanimous consent to proceed as the interested parties, including the tation Federico Pen˜ a that the FAA would in morning business for a period not to Park Service and the FAA were at the work toward the development of a respon- exceed 10 minutes. table. In fact, in 1993, I wrote Transpor- sible and ‘‘timely’’ airport plan. We are ask- The PRESIDING OFFICER. Without tation Secretary Pena asking for inter- ing you to keep that commitment, particu- objection, it is so ordered. The Senator agency cooperation on this important larly because seven months have passed is recognized. issue, including the National Park since the Final EA was sent to the FAA for Mr. HUTCHINSON. I thank the Service, the Interior Department, the review. Chair. The EA describes a preferred alternative FAA, and the Department of Transpor- designed to contain these runway excursions (The remarks of Mr. HUTCHINSON per- tation. I wrote that letter in order to taining to the introduction of S. 1631 on pavement without actually extending the avoid the kind of situation that we runway or expanding Airport boundaries. are located in today’s RECORD under have now. Unless action is taken quickly, runway safe- ‘‘Statements on Introduced Bills and In April of 1997, the airport board fi- ty improvements in the preferred alternative Joint Resolutions.’’) nally completed the assessment, after 5 will be delayed until 1999. In fact, since the Mr. HUTCHINSON. Mr. President, I years, and submitted it to the FAA. environmental assessment process began in yield the floor and suggest the absence The results of the environmental as- 1992, seven additional runway accidents have of a quorum. occurred. The PRESIDING OFFICER. The sessment appeared to be very reason- The concern the delegation expressed over clerk will call the roll. able. four years ago remains: that timely action The assistant legislative clerk pro- It would bring the runways into com- to be taken so that runway safety improve- ceeded to call the roll. pliance with current FAA runway ments at the Jackson Hole Airport will not Mr. THOMAS. Mr. President, I ask standards. That makes sense. be unduly delayed. If the FAA’s record of de- unanimous consent that the order for It would improve safety without in- cision on the Final EA will not be issued by January 1, 1998, we request that you inform the quorum call be rescinded. creasing the length of the runways, which is very important. There is oppo- us as to the reasons for the delay and when The PRESIDING OFFICER. Without a decision should be expected. objection, it is so ordered. sition by some to making the runways Sincerely, Mr. THOMAS. Mr. President, I ask longer because they are in the park. CRAIG THOMAS, unanimous consent to speak for 5 min- And there is some opposition to mak- U.S. Senator. utes as in morning business. ing them longer because that could ac- MICHAEL ENZI,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S625 U.S. Senator. Recent events involving the Independent your removal authority, the Department’s BARBARA CUBIN, Counsel’s probe are further evidence of Mr. Office of Professional Responsibility Member of Congress. Starr’s entanglements that cast a cloud over (‘‘OPR’’) has jurisdiction to investigate alle- Mr. THOMAS. I still have not re- his ability to conduct an investigation objec- gations of misconduct by the Independent Counsel and his staff or potential conflicts of ceived an answer to my letter from the tively. Over the course of his entire inves- tigation, Mr. Starr, in his continuing work interest that would disqualify him from serv- FAA. The letter was sent in early De- as a partner at the law firm of Kirkland & ing as independent counsel. See Department cember of 1997. All the letter asked was Ellis and as Independent Counsel, has em- of Justice Manual (‘‘DOJ Manual’’), Section for a date by which we could expect a braced (and been embraced by) persons and 1–2112 (Supp. 1990) (Office of Professional Re- decision. I didn’t ask for a decision, I interests that seek to undermine the Presi- sponsibility ‘‘oversees investigation of alle- didn’t urge a certain outcome, just the dent as part of their political agenda. He has gations of misconduct by Department em- date. continually turned a blind eye to his own ployees’’). Against the backdrop of this clear conflicts of interest at his law firm, to the constitutional and statutory mandate, I re- I called the FAA Administrator sev- quest that you initiate a formal inquiry into eral weeks ago and though she said she conflicts engendered by the actions of his clients, and to benefactors that seek to dis- the following matters. would check into it I have heard noth- credit the President for partisan political II. CONFLICTS OF INTEREST: MR. STARR HAS ing from her or her staff. For an agen- gain. A person of Mr. Starr’s numerous con- CONSISTENTLY IGNORED THE CONFLICTS RE- cy that claims safety as its No. 1 pri- flicts of interest cannot carry out the even- LATED TO HIS WORK, HIS CLIENTS, AND HIS ority, these delays are hard to under- handed and fair-minded, independent inves- BENEFACTORS stand. tigation contemplated by the Act. Moreover, Mr. Starr’s decision not to devote his full This assessment is not an effort to the evidence that has surfaced thus far re- attention to his obligations as Independent expand the airport. There won’t be garding the expansion of Mr. Starr’s jurisdic- Counsel in a matter involving the President longer runways, bigger airplanes or tion into these matters raises serious con- of the United States has made inevitable the ensuing appearances of impropriety and ac- more flights. It is about safety, safety cerns about the OIC’s collusion with the Paula Jones legal team in an effort to un- tual conflicts of interest. His own ethics con- for everyone flying in and out of this fairly and illegally trap the President. sultant, Samuel Dash, formerly Chief Coun- airport. Time is of the essence—there This possible misconduct demands an im- sel to the Senate Watergate Committee, is a short construction period, as you mediate investigation by the Department to noted that Starr’s decision to continue rep- might imagine, in Jackson Hole, WY. determine if Mr. Starr remains sufficiently resenting private clients while investigating The FAA needs to come to a decision ‘‘independent’’ to continue to serve in his the President has ‘‘an odor to it.’’ ‘‘How quickly or these safety improvements current position. Independent is the Counsel,’’ The New York- er, April 22, 1996. The seriousness of these I. THE ETHICS IN GOVERNMENT ACT REQUIRES will be delayed for yet another year. conflicts (and the odor) is evident by the di- THE ATTORNEY GENERAL TO INVESTIGATE AL- Mr. President, I guess I have to rect involvement that his clients and others LEGED MISCONDUCT OF THE INDEPENDENT admit that I am simply expressing my to whom he is financially dependent have as- COUNSEL frustration with this situation. The sumed in Mr. Starr’s investigation. FAA’s primary responsibility is safety. The Independent Counsel statute provides The Act makes clear that during an Inde- the Attorney General with jurisdiction to in- pendent Counsel’s Tenure, neither the coun- The Jackson Hole Airport presents an vestigate alleged misconduct, conflict of in- opportunity to deal with an important sel, nor any person in a law firm that the terest and other improprieties that would counsel is associated with ‘‘may represent in safety issue and we’ve received no re- render an Independent Counsel unfit to re- any matter any person involved in any inves- sponse from the FAA. I, therefore, in- main in office. Specifically, under the stat- tigation or prosecution under this chapter.’’ tend to be rather critical of the FAA ute, the Attorney General may remove an 28 U.S.C. § 594(j)(l)(i) and (ii). Mr. Starr, how- until it decides to act and comes to a Independent Counsel ‘‘for good cause, phys- ever, has violated both the spirit and letter conclusion. This process has gone long ical disability, or other condition that sub- of the statute through his own work and enough. The FAA needs to move for- stantially impairs the performance of such work of his law firm, as well as the actions independent counsel’s duties.’’ 28 U.S.C. § 596. of his clients and future benefactors. ward now. The Supreme Court has suggested that a I typically am not anxious to come A. The Expansion of the Investigation Into finding of ‘‘misconduct’’ would most as- Matters In The Paula Jones Case Places Mr. to the floor of the Senate and grumble suredly constitute ‘‘good cause’’ under Sec- Staff In Violation Of the Act’s Conflict of In- about a federal agency, but I think this tion 596, and that ‘‘good cause’’ may impose terest Provisions no greater threshold than that required to is something that needs to be grumbled Mr. Starr, as a partner at the law firm of about, and therefore I am here. remove officers of ‘‘independent agencies.’’ Kirkland & Ellis and just prior to his ap- Mr. President, I yield the floor. Morrison v. Olson, 487 U.S. 654, 692, n. 32 pointment as Independent Counsel, actually The PRESIDING OFFICER. The Sen- (1988). provided legal advice in connection with the The Attorney General’s removal authority ator from New Jersey. Paula Jones litigation. ‘‘Mr. Starr’s Con- and the concomitant authority to inves- flicts,’’ New York Times, March 31, 1996. f tigate the independent counsel to determine While the fact that he has been involved INDEPENDENT COUNSEL if there are grounds for removal are essential with that litigation prior to becoming Inde- to the continuing constitutional vitality of Mr. TORRICELLI. Mr. President, I pendent Counsel certainly gave his appoint- the Act. Indeed, the Supreme Court’s holding ment the appearance of impropriety in viola- ask unanimous consent to have printed that the Act did not violate separation of tion of the spirit of the Act, now that his in- in the RECORD a letter I have written powers principles rested largely on the power vestigation has fully inserted itself into the on this day to Attorney General Janet reserved to the Attorney General to remove Paula Jones matter, concerns about his Reno. the independent counsel for ‘‘good cause.’’ former representation certainly are mag- There being no objection, the letter Specifically, the court found that the Attor- nified and call into question his role as an ney General’s removal power rendered the was ordered to be printed in the ‘‘independent’’ counsel in Paula Jones-re- independent counsel an ‘‘inferior officer,’’ as lated matters. RECORD, as follows: required by the Constitution, 487 U.S. at 671, Of far greater gravity are the press reports FEBRUARY 11, 1998. and that such authority ensured that undue and other information suggesting past and Hon. JANET RENO, powers had not been transferred to the judi- present representation by Kirkland & Ellis of Attorney General of the United States, U.S. De- cial branch under the Act. 487 U.S. at 656. other individuals connected to the Paula partment of Justice, Washington, DC. Thus, Morrison teaches that not only is the Jones civil litigation. See ‘‘More Subpoenas DEAR MADAM ATTORNEY GENERAL: As a Attorney General authorized to determine and Angry Talk in Starr’s Probe,’’ Chicago member of the Senate Judiciary Committee, whether there are reasons to remove the Tribune, January 31, 1998; ‘‘Starr Furor which is charged with conducting oversight independent counsel, but that the Attorney Lands at Firm’s Door,’’ Legal Times, Feb- of the Department of Justice and the Office General is constitutionally obliged to do so. ruary 9, 1998. Mr. Starr’s potential breach of of the Independent Counsel (‘‘OIC’’), I believe In addition, the Act expressly obligates the his duty to inform you of any association be- public confidence in our system of justice Independent Counsel to follow, to the fullest tween his firm and persons involved in the must be maintained. I therefore respectfully extent possible, the standards of conduct Paula Jones matter, as well as the possible request that you conduct a formal inquiry of prescribed by the Department of Justice. See breach of the Act’s statutory conflict of in- Independent Counsel Kenneth Starr to deter- 28 U.S.C. § 594(f) (An Independent Counsel terest standards, should be the subject of in- mine whether he should be removed or dis- ‘‘shall, except to the extent that to do so vestigation. Evidence that is discovered as ciplined for repeated failures to report and would be inconsistent with the purposes of the result of the current subpoena directed avoid conflicts of interest pursuant to the this chapter, comply with the written and to Kirkland & Ellis for Paula Jones-related powers vested in the Attorney General by other established policies of the Department documents will undoubtedly shed light on the Ethics in Government Act (‘‘The Act’’), of Justice respecting enforcement of the whether Mr. Starr is in violation of the con- 28 U.S.C. § 591, et seq. criminal laws’’). Accordingly, independent of flict of interest standards under the Act.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S626 CONGRESSIONAL RECORD — SENATE February 11, 1998 Chicago Tribune, January 31, 1998. Kirkland for Mr. Starr at Pepperdine University upon Lewinsky, Time, February 9, 1998. Then, the & Ellis’s reported opposition to the subpoena the expiration of his tenure as Independent next day, January 13, the OIC equipped Ms. is a significant indication of a violation of Counsel. Washington Post, ‘‘Starr Warriors,’’ Tripp with a wire and taped a conversation the Act. ‘‘Chicago lawyer’s role in Jones February 3, 1989. According to recent media between herself and Ms. Lewinsky. On Janu- suite examined,’’ Chicago Tribune, February reports, Mr. Scaife and his tax-exempt foun- ary 16, Ms. Tripp again lured Ms. Lewinsky 11, 1998. The firm’s internal investigation ap- dations are at the center of a secretive oper- into a meeting with her. At that time, she parently uncovered work done by one of its ation, coordinated with the American Spec- was approached by FBI agents and OIC pros- partners on Jones-related matters. This dis- tator, called the ‘‘Arkansas Project.’’ See ecutors. Id. According to press reports, she covery subsequently was confirmed by one of New York Observer, ‘‘Richard Scaife Paid for was held for several hours, threatened with Ms. Jones’ former lawyers. Id. If, in fact, Mr. Dirt on Clinton in Arkansas Project,’’ Feb- prosecution and offered immunity if she Starr failed to report the association of his ruary 4, 1998. agreed to a debriefing at that time. Id. Ac- law firm and such a conflict exists, that The ‘‘Arkansas Project’’ reportedly in- cording to her current attorney, the immu- would undoubtably be grounds for his re- volved Mr. Scaife funneling more than $2.4 nity offer was contingent upon her agree- moval. million from his tax-exempt 501(c)(3) founda- ment not to contact her attorney in the Mr. Starr, unfortunately, has failed in the tions to the American Spectator over the Paula Jones matter, Frank Carter. Time, past to report such direct conflicts of inter- last four years ‘‘to pay former F.B.I. agents February 16, 1998. That same day, the Special est. While he was investigating the Resolu- and private detectives to unearth negative Division (the court empowered to appoint an tion Trust Corporation and its supervision of material on the Clintons and their associ- independent counsel) expanded Mr. Starr’s Madison Guaranty, Kirkland & Ellis was ates.’’ Id. Indeed, the project apparently paid jurisdictional mandate to cover the allega- being sued by the RTC for misconduct. ‘‘Who former state trooper L.D. Brown—the source tions related to Ms. Lewinsky. Judges Prosecutor’s Ethics? He does,’’ of a number of allegations against the Presi- Simply, the timing of events leading up to Newsday, January 30, 1998. Despite his mem- dent investigated by the Office of Inde- the President’s deposition provides substan- bership on the firm’s management com- pendent Counsel—as a ‘‘researcher.’’ Id. Mr. tial reason to be concerned about possible mittee, Mr. Starr professed ignorance of the Starr’s apparent failure to inquire into the coordination between the OIC and the Paula suit in which the RTC sued Kirkland & Ellis financial motivations that may have Jones team. But there is more. According to for one million dollars. The New Yorker, P. prompted these allegations makes his inves- media reports, Ms. Tripp briefed the Jones 63. Mr. Starr’s lip-service to his ethical obli- tigation a ‘‘patsy’’ for the Arkansas Project, legal team not only on the conversations gations without any apparent willingness to if not actually complicit in its goal to under- that she recorded, but also on the OIC-di- address the conflict of interest issues that mine the President. rected monitoring of her conversation with have arisen demands that the Attorney Gen- Even more troubling, David Hale, Mr. Ms. Lewinsky. Wall Street Journal, Feb- eral conduct an investigation to determine Starr’s alleged chief witness against the ruary 9, 1998. This draws the OIC one step whether he should be removed. President, is linked to Mr. Scaife. The Ar- closer to the Jones civil litigation efforts. B. Mr. Starr’s Client, The Bradley Foundation, kansas Project was apparently run by Ste- Moreover, the OIC’s delay in seeking ap- Has Been Active In Efforts To Discredit The phen Boynton, a Virginia lawyer and close proval to expand its jurisdiction further President In Matters Directly Affecting The friend of David Hale, the convicted felon that heightens concerns over the OIC’s coordina- Investigation Mr. Starr considers his prize witness against tion with the plaintiffs in the Paula Jones matter. Specifically, in seeking immediate the President. Recently, after his office ar- The ties of Mr. Starr and his firm to per- approval of his expanded jurisdiction, Mr. gued to reduce Mr. Hale’s 28 month sentence sons and interest groups adverse to the Starr apparently expressed concern that im- to time served, abated his $10,000 fine and President are not limited to the Paula Jones pending press reports would scuttle his ef- asked the court to vacate the order that Mr. case. Indeed, in addition to his own personal forts to obtain evidence against Mr. Vernon Hale provide restitution of $2 million for de- involvement with the Paula Jones case, Mr. Jordan and perhaps the President. See Wash- frauding the Small Business Administration. Starr represented the Lynde and Harry Brad- ington Post, January 31, 1998. But it appears Mr. Starr praised Mr. Hale saying ‘‘This [in- ley Foundation in an effort to uphold Wis- that Mr. Starr knew about the impending vestigation] would be over if everyone had consin’s experimental school-choice program press coverage well before he brought the been as cooperative as David Hale, had told after he was appointed Independent Counsel. new allegations to your attention. His delay the truth.’’ Federal News Service, February The New Yorker, April 22, 1996, p. 59. Mr. may be suggestive of an effort to maintain 6, 1998. Mr. Hale’s previous record, however, Starr’s position in that case was in direct op- the secrecy of the new allegations until after involved lying to a federal judge at his sen- position to the Administration. In addition the deposition of the President. tencing. ‘‘The Real Blood Sport: the White- to retaining Mr. Starr, the Bradley Founda- The alleged entanglement of the OIC with water Scandal Machine,’’ Washington tion gives money to the President’s ‘‘most persons or organizations singularly devoted Monthly, May 1, 1996. Fortunately for Mr. virulent critics,’’ including the American to the demise of the President implicate bed- Hale, his personal attorney is Theodore Spectator, a publication obsessed with im- rock constitutional principles of due process Olson, a board member of the American pugning the character of the President and and fair play. Indeed, ‘‘[f]undamental fair- Spectator Education Foundation, Inc., and First Lady, as well as the Landmark Legal ness is a core component of the Due Process former law partner of Mr. Starr. Id. Foundation and National Empowerment Tel- Clause of the Fifth Amendment.’’ United The only conclusion is that Mr. Starr is in- evision. Id. States v. Barger, 931 F.2nd 359 (6th Cir. 1991); extricably intertwined with persons whose The Bradley Foundation acknowledged United States v. Brown, 635 F.2d 1207, 1212 (6th primary objective appears to be to discredit freely that Mr. Starr’s role was based in sig- Cir. 1980). Any collusion between the OIC and the President. While these allegations have nificant part on his long-standing ideological the Paula Jones legal team, for example, previously been brought to the Department’s beliefs. Id. At 60. One noted ethics expert casts serious doubt on the propriety of any attention, Mr. Starr’s relationship with Mr. concluded that it was ‘‘unwise for Starr to investigation into the President’s alleged Scaife and others in the Arkansas Project take Bradley money, given Bradley’s funding statements regarding Ms. Lewinsky during combined with the information about the ex- of beneficiaries who are ideological enemies his civil deposition. Specifically, the govern- tent of Mr. Scaife’s extraordinary expendi- of the president he is investigating.’’ ‘‘Gov. ment may not, consistent with due process, ture of resources (in apparent violation of Hires Ken Starr To Defend Plan,’’ The Na- deliberately use a judicial proceeding for federal tax law) to discredit the President in tional Law Journal, December 18, 1995, p. A5. ‘‘the primary purpose of obtaining testimony parallel with Mr. Starr’s investigation seri- In these instances where his private client is from [a witness] in order to prosecute him ously undermine any contention that Mr. engaged in a highly politicized, personalized late for perjury.’’ United States v. Chen, 933 Starr is without a conflict of interest. and acrimonious public policy debate with F.Supp 1264, 1268 (D.N.J. 1986). the President, Mr. Starr cannot possibly op- III. EVIDENCE OF OIC COLLUSION WITH PAULA There is little doubt that a primary pur- erate as an impartial investigator. This is JONES LEGAL TEAM WARRANTS FURTHER IN- pose of the deposition questions regarding particularly true when his private client is QUIRY Ms. Lewinsky was to trick the President. In funding efforts devoted to publicizing Mr. The sequence of events leading up to the fact, press reports make clear that ‘‘the goal Starr’s investigation and related matters in President’s deposition and certain media ac- of the Jones’ team was to catch Mr. Clinton an attempt to discredit the President and his counts raises serious concerns that the OIC in a lie . . . Their detailed questions went political agenda. coordinated its investigation with the Paula well beyond simply whether there was a sex- C. Mr. Scaife, Mr. Starr’s Benefactor At Jones legal team and, in fact, may have ual relationship with Ms. Lewinsky and into Pepperdine, Has Funded The ‘‘Arkansas played a role in the preparation of questions other matters that could be independently Project’’—A Clandestine Effort To Attack The for the President’s deposition. Such collu- verified.’’ Wall Street Journal, February 9, President sion, even if indirect, would constitute mis- 1998. Given that, as noted above, Linda Tripp The question whether Mr. Starr labors conduct of the highest order and provides was feeding information to the Paula Jones’ under a conflict of interest in light of his on- grounds for Mr. Starr’s removal. lawyers about her conversations with Ms. going relationship with Pepperdine Univer- As you may be aware, press reports indi- Lewinsky, including the conversation re- sity and Richard Scaife, a well-documented cated that on January 12, 1998, Ms. Tripp corded by the FBI, see Wall Street Journal, political opponent of the President’s, was contacted the OIC and provided them with February 9, 1998, there is reason to suspect prompted by reports that Mr. Scaife has un- tapes of conversations that she had unlaw- that the OIC may have assisted or played a derwritten the faculty position that waits fully captured between herself and Ms. role in the formation of questions asked by

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S627 Ms. Jones lawyers regarding Ms. Lewinsky. grand jury material—not on a few oc- the authority of the Attorney General In addition, the evidence suggests that Mr. casions, not on one or two items, but was expanded to include matters relat- Starr deliberately delayed seeking your ap- virtually volumes of material impugn- ing to the civil complaint by Paula proval to expand his jurisdiction for im- proper purposes. Specifically, the delay ap- ing the character of individuals—that Jones. pears to have been a calculated effort to con- may undermine aspects of the inves- Mr. President, the Office of Profes- ceal his expanded authority from the Presi- tigation. Some of these leaks have sional Responsibility, under the direc- dent prior to the deposition. Such conduct been characterized as unfortunate. tion of Attorney General Reno, needs raises the specter that an unlawful ‘‘trap’’ Some, perhaps, inevitable, as part of to review these serious lapses of ethical may have been laid against the President. the process. They may be these things. conduct and these transparent con- In a similar vein, if the OIC was in fact as- But they are also something else. They flicts of interest. It is left with little or sisting the Paula Jones legal team in any ca- represent a Federal felony. It is against no choice. If there is to be any con- pacity, such conduct may also be incon- fidence in the administration of the Of- sistent with the due process protections that the law. In this case, a potential viola- preclude the government from using civil tion of the law by members of the Jus- fice of Independent Counsel, and if the discovery to obtain information for a con- tice Department or in their employ- American people are to believe the re- templated criminal action. See e.g. United ment themselves. sult of this investigation and whatever States v. Nebel, 856 F. Supp. 392 (M.D. Tenn. David Kendall, President Clinton’s recommendations result, the Office of 1993). In light of fundamental constitutional lawyer, has detailed some of these Professional Responsibility will need concerns implicated by the Independent leaks in a 15-page correspondence, vir- to definitively establish whether, in- Counsel’s conduct, justice demands that you deed, there are conflicts of interest, as initiate an inquiry to ensure that the Inde- tually identifying volumes of material where some of the most reputable pub- are being alleged. pendent Counsel’s investigation has com- Indeed, I know of no authority in the ported with basic rules of fairness and de- lications in America—including the cency. The President, as do others in this in- New York Times, the Washington Post canons of ethics of the profession, the vestigation, deserves the same protections —indicate that this material comes operating procedures and rules of eth- that shield all other Americans from arbi- from ‘‘sources in Starr’s office;’’ ics of the Justice Department, that would permit an attorney in any capac- trary and unlawful government conduct. In- ‘‘Starr’s investigators expect;’’ deed, particularly where, as here, a pros- ity, no less an Office of Independent ‘‘sources familiar with the probe’’— ecutor has been given virtually unfettered Counsel, investigating any American, hardly masking the Government pros- authority to investigate almost every dimen- no less the President of the United ecutor’s contravention of Federal stat- sion of a person’s life, we must be particu- States, to operate with ethical stand- larly vigilant in guarding against abuses of utes, punishable both by fines and jail ards that allow he or his associates that authority. You thus have both a statu- terms, for leaking grand jury material. tory and constitutional obligation to deter- I believe that the standard for such within a single case dealing with the mine whether the Independent Counsel has abuse was set by former Attorney Gen- same litigants to do work for such clearly conflicting interests. acted properly in investigating the Presi- eral Thornburgh who, in the matter of dent. Third, while serving as independent Congressman Gray and the leaking of Sincerely, counsel for the Government, Mr. grand jury material, required that his ROBERT G. TORRICELLI, Starr’s law firm has received and con- U.S. Senator. associates, those familiar with grand tinues to receive retainers and legal Mr. TORRICELLI. Mr. President, I jury material, were not simply inves- payments from corporations, including want to make myself clear at the out- tigated but polygraphed, with a clear Philip Morris and Brown & Williamson, set. I rise today with no portfolio for or implied threat that any failure to potentially of millions of dollars, that President Clinton. I do not pretend to comply or to pass the polygraph would not only have an interest but an ex- know the details of either the White- mean their immediate dismissal. traordinary financial interest in the Indeed, as much of America has water case or matters pertaining to defeat of President Clinton’s initia- Paula Jones, with a series of other heard about the grand jury leaks, it tives and whose interests are directly legal issues now, involving the Office of has tended to mask several other per- impacted by his political viability. Independent Counsel, the Justice De- haps more serious ethical problems Mr. Starr’s continuing to draw in- partment and President Clinton’s pri- that must also be addressed by the At- come, a year ago in excess of $1 million vate attorneys. Those issues are not torney General and are outlined in my in personal compensation, while in the my purpose today. correspondence being sent to the At- employment of the U.S. Government to Like most Americans, I have watched torney General on this date. investigate matters relating to Presi- events of recent weeks with some curi- Just prior to his appointment as dent Clinton, is not only unsound judg- osity and with a deep sense of regret. I independent counsel, Mr. Starr was re- ment but as clear a conflict of interest rise today for a different purpose. I tained by the Independent Women’s between those of the private attorneys, want to talk about justice—not the Forum to write an amicus brief in the the private parties that he has sworn justice of the individual in these cases matter of the civil complaint being to defend and the interests of the U.S. but the administration of justice by brought by Paula Jones. The Inde- Government that he has similarly the Government itself. I do so from the pendent Women’s Forum is funded by a sworn to pursue. Both cannot be his perspective of a member of the Judici- Richard Scaife of Pennsylvania. In the master. ary Committee, recognizing that under furtherance of these responsibilities it Attorney General Reno is left with the Ethics in Government Act it is the is not clear how much or whether, in- the question of what other interests responsibility of the Attorney General deed, Mr. Starr was compensated, but have continued to pay compensation to to investigate alleged misconduct, con- it is clear that his firm and he were en- Mr. Starr, what other clients and what flicts of interest and other impropri- gaged in this activity, including re- kind of judgment has been exercised. eties of the Office of Independent Coun- searching a brief, contacting those at- Making this all the more urgent, in- sel. This institution, through the Judi- torneys, then representing Paula deed feeding suspicion, is a fourth ciary Committee, has a responsibility Jones. They were actively engaged. point that in some ways may be the of oversight, both of the Office of Inde- Reports as recent as 3 months ago in- most troubling. Richard Scaife, who pendent Counsel and the Attorney Gen- dicate that individuals at Mr. Starr’s earlier in this affair was funding re- eral herself as she implements the act. firm with whom Mr. Starr is still asso- search into the Paula Jones case, ap- My purpose, then, in this capacity, is ciated have continued to assist Paula pears again as a part of Mr. Starr’s per- to review a series of legal and ethical Jones in her legal defense team. This formance of his responsibilities. Mr. issues that pose a challenge to the in- morning in the Chicago Tribune it is Scaife has provided $600,000 per year, tegrity of the Office of Independent further alleged by that publication approximately $2.5 million, to fund Counsel and whether or not it is being that Mr. Starr’s firm—where this fi- something that is known as the Arkan- administered and the responsibility of nancial relationship continues between sas project. The Arkansas project is a the Attorney General to oversee its ac- Mr. Starr and his partners—has contin- tax free 501(c)3 organization under the tivities. ued to provide assistance to Paula Tax Code of the United States. It in- Within recent days, we have learned Jones’ defense team, even while the in- deed has funded this money through details of a series of deliberate leaks of vestigation of President Clinton under the American Spectator magazine.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S628 CONGRESSIONAL RECORD — SENATE February 11, 1998 The purpose, apparently as outlined the Office of Professional Responsi- respond to the information that has in an article in the New York Observer, bility inquire as to whether indeed been presented so publicly now to the written by Joe Conason last week, has there are conflicts of interest in the Congress and the Senate with respect resulted in the establishment of a rela- Paula Jones case and, indeed, whether to her nomination. tionship with David Hale, the principal it is factual that Mr. Starr was once The majority leader is intending to witness used by Mr. Starr against engaged as a private litigant in that come down in the next 15, 20 minutes President Clinton, in the Whitewater matter. If so, the result is clear—he to make a statement, which I fully sup- case and a State trooper, former State must recuse himself and professional port, and I know Senator SPECTER sup- Arkansas Trooper L.D. Brown. It ap- prosecutors must pursue the matter. ports, which will, in a sense, move this pears that the American Spectator es- Similarly, to establish whether funds, nomination aside for now and have this tablished a relationship of unknown fi- through the American Spectator, were nominee be given the opportunity to nancial or other reward to secure the improperly used with a result of tam- appear before the Judiciary Committee cooperation of each individual in the pering of witnesses. Finally, to con- and answer this new information, or re- writing of the articles. clude whether or not the operation of a spond to the questions of members of The changing of the testimony of private law practice, including the so- the Judiciary Committee. these witnesses, critical to Mr. Starr’s licitation of clients and their funding, That is all I have been asking for work, and when those changes occurred has compromised the operations of Mr. since the leader scheduled this nomina- and their relationship with the Arkan- Starr in his pursuit of the various tion. I am hopeful that after we go out sas project, becomes an important mat- cases before his office. on recess next week, there will be ter for the Justice Department. It Mr. President, Members of this insti- scheduled a Judiciary Committee would appear on its face that is at least tution and of the respective parties meeting for people who have provided reason to explore whether the improper have at various times praised or criti- the information to present that infor- use of tax-free foundation funding cized the Attorney General in the per- mation formally to the committee, be through this publication with the in- formance of her responsibilities. Per- questioned by committee members, tention of influencing potential Fed- haps the fact that she has been criti- and then for Judge Massiah-Jackson to eral witnesses did not constitute Fed- cized from all quarters for so many de- have the opportunity to answer the eral witness tampering. It is, however, cisions is the best testament of her na- charges that have been leveled against an issue that must immediately be es- tive integrity. Janet Reno is as capable her. tablished. an Attorney General as the United That will complete, in my mind, the As a part of this aspect of the case States has ever been fortunate enough process of fair consideration. requiring investigation, as Mr. Hale’s to have in that office. I leave these Her nomination will remain here on legal representation by one Theodore judgments with her, knowing of her the floor. It will remain on the Execu- Olson, who seemed to have guided Mr. high integrity, her understanding of tive Calendar, and subsequent to the Hale in his testimony in the White- the importance of these cases, the pro- hearing, the majority leader will call water affair, who is also the counsel to found impact on the administration of the nomination up for a vote at that the American Spectator funded by Mr. the U.S. Government and of justice time. Scaife, who was also a former law part- itself, knowing that she will do with That is, again, all I have been re- ner of Mr. Starr. them what is right and proper. questing from the leader—is to give Mr. President, sometimes facts that Mr. President, I yield the floor. this process time to play out, fairness are coincidental can paint a picture of Mr. ASHCROFT. Mr. President, I dictating the order of the day, and then conspiracy where it does not exist. suggest the absence of a quorum. give the Senate the opportunity to pass There are coincidences, sometimes, of The PRESIDING OFFICER. The judgment as to whether we believe that extraordinary scale. But the Attorney clerk will call the roll. she should be a judge in the Eastern General would need to admit that there The legislative clerk proceeded to District of Pennsylvania. are events in this case that are pecu- call the roll. So I see this as a very favorable reso- liar indeed—Mr. Scaife’s funding of the Mr. SANTORUM. Mr. President, I lution of what I have been asking for in American Spectator and its impact on ask unanimous consent that the order the past 24 hours. Federal witnesses; Mr. Scaife’s poten- for the quorum call be rescinded. I thank the majority leader for his tial funding of Mr. Starr as a private The PRESIDING OFFICER (Mr. patience. This has been somewhat of a attorney in the Paula Jones case; Mr. GREGG). Without objection, it is so or- difficult ordeal having to juggle all the Scaife’s funding of employment for Mr. dered. different sides on this issue. Starr at Pepperdine University, where f I thank the chairman of the Judici- he was offered and initially accepted a ary Committee for his willingness to teaching position in the law depart- EXECUTIVE SESSION hold another hearing. He knows that he ment. has not been formally requested to do Coincidence? Perhaps. But as our so by the Senate but has volunteered NOMINATION OF FREDERICA A. former colleague, Senator Cohen once to make the committee available to MASSIAH-JACKSON, OF PENN- observed on this floor, ‘‘The appear- further give Judge Massiah-Jackson SYLVANIA, TO BE U.S. DISTRICT ance of justice is as important as jus- the opportunity to respond to this new JUDGE FOR THE EASTERN DIS- tice itself.’’ information that has been provided. TRICT OF PENNSYLVANIA There are, in the coming weeks, im- Mr. President, I know the Senator portant judgments to be made about The Senate continued with the con- from Missouri has more to say on this the administration of justice with rela- sideration of the nomination. nomination. He is ready to go. So I tion to the President of the United Mr. SANTORUM. Mr. President, I yield the floor. States. Those decisions will profoundly rise to continue the discussion on the Mr. ASHCROFT addressed the Chair. impact policy and the guidance of the judge of the Eastern District of Penn- The PRESIDING OFFICER. The Sen- U.S. Government. I have no knowledge sylvania, Judge Massiah-Jackson. ator from Missouri is recognized. and, therefore, no recommendation on Within the past 24 hours, I and Senator Mr. ASHCROFT. Mr. President, I rise the matters of how the case should be SPECTER have been talking to the ma- to continue to explain the basis for my pursued. I am not here to distinguish jority leader, to the chairman of the opposition to the nomination of Fred- falsehood from truth. I am here in the Judiciary Committee, to those who are erica Massiah-Jackson to be a U.S. dis- interest of justice. in opposition to her nomination in an trict judge for the Eastern District of It would appear on the facts that attempt to resolve a lot of issues. And Pennsylvania. there is something terribly troubling what Senator SPECTER and I have re- Although I have already spent time about the administration of the Office ferred to, to complete this process of on the floor detailing this nominee’s of the Independent Counsel. So in my consideration in what we believe is the record, I think it is important and val- correspondence of this day, I have only fair way to do so, is to have an ad- uable to spend the time necessary to asked Attorney General Reno to have ditional hearing for her to be able to demonstrate the serious flaws of this

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S629 nominee and to also highlight the cal- Senate. The detective-sergeant had the tion back for additional information iber of the nominees that we are re- following comments regarding the inci- and for hearings before the Senate Ju- ceiving from the President of the dent, and I quote: diciary Committee. United States. I thought, ‘‘I hope I don’t ever have to This particular case, for instance, There are a number of categories into make buys from anyone in this courtroom.’’ was discussed at the hearing. When which my objections to this nomina- They would know me, but I wouldn’t know asked by a Senator if she had any com- tion might fall. them. What the judge said jeopardized our ment or explanation of the situation, One would be a disrespect for the ability to make buys. And it put us in phys- Judge Massiah-Jackson just replied, ical danger. court and its environment, perhaps ‘‘No, Senator, I don’t.’’ most clearly typified by the willing- I really believe that this officer sin- It occurs to me that it is not nec- cerely wrote that letter and that he in- ness of this nominee to use profanity in essary to reconvene the committee and tended for the letter to say exactly the courtroom. to move this matter back from the what it said and that he felt the sense No. 2, a contempt for prosecutors and floor of the Senate asking that there be of physical danger that was occasioned police officers that is evidenced in the opportunities for explanations for cases by the special identification that the way she has treated them and handled like that when those opportunities judge had made of him and another po- them as they have appeared in court were available then. and the way in which she has handled lice officer. Detective Terrance Jones, the other Commonwealth v. Hannibal is a case evidence assembled by those officers. undercover officer that was identified that is demonstrative of this particular Those are two major problems that I by Judge Massiah-Jackson in open nominee’s lack of judicial tempera- have with this particular nominee. court, according to the Philadelphia ment. No. 3, the concept of leniency in sen- Inquirer, also confirmed the facts in a In court, in response to prosecutor’s tencing; the effort made by this nomi- signed statement to the committee attempt to be afforded an opportunity nee as a judge in the State of Pennsyl- staff. He stated that the comments to be heard, the following exchange vania to reduce the sentences which ‘‘jeopardized our lives.’’ Detective took place on the record: were given to those who had been con- Jones also notes: The COURT. Please keep quiet, Ms. victed of crimes is notable. It has, as a McDermott. As a law enforcement officer who happens Ms. MCDERMOTT for the Commonwealth: matter of fact, even caught the atten- to be African American I am appalled that Will I be afforded—— tion of the appellate courts at which self-interest groups and the media are trying The COURT. Ms. McDermott, will you shut time those sentences have been re- to make the Massiah-Jackson controversy your f***ing mouth. versed. into a racial issue. This is not about race. These are among the most important This is about the best candidate for the posi- That is from the transcript of June factors that lead me to the conclusion tion of Federal judge. 25, 1985, at page 17. that Judge Massiah-Jackson should Let me go to another case, the case Judge Massiah-Jackson was formally not be confirmed as a United States of Commonwealth v. Hicks. In this admonished by the Judicial Inquiry district court judge. case, in an action that led to a reversal and Review Board for using intem- She should not be considered for a by the appellate court, Judge Massiah- perate language in the courtroom. This lifetime responsibility in admin- Jackson dismissed charges against the incident, incidentally, was also dis- istering justice in the United States of defendant on her own motion. cussed by the committee with the America; that in the event that the Although the prosecution was pre- judge, and the conduct was admitted. President refuses to withdraw this pared to proceed, the defense was not In the case of Commonwealth v. nomination, which he should do, that ready because it was missing a wit- Burgos and Commonwealth v. Rivera, the Senate of the United States of ness—a police officer who was sched- during a sentencing proceeding, the America should reject this nomination. uled to testify for the defense appar- prosecutor told Judge Massiah-Jackson Let me just go through some of these ently had not received the subpoena. that she had forgotten to inform one of points in order to establish a factual The defense requested a continuance to the defendants of the consequences of basis for these conclusions supporting clear up the mixup concerning the sub- failing to file a timely appeal. Of the categories which I have mentioned. poena. The commonwealth stated that course, such a failure would prejudice First is the contempt for prosecutors it had issued the subpoena. The defense the commonwealth on appeal. Judge and police officers that Judge Massiah- did not allege any wrongdoing or fail- Massiah-Jackson responded to this Jackson has evidenced in the conduct ure to act on the part of the common- legal argument with profanity, stating, of her responsibilities as a judge in wealth. Nonetheless, without any evi- ‘‘I don’t give a [expletive deleted].’’ Pennsylvania. dence or prompting from defense coun- This incident was discussed at the com- In the case of Commonwealth v. Ruiz, sel, Judge Massiah-Jackson decided she mittee hearing, and the conduct was Judge Massiah-Jackson acquitted a simply did not believe that the com- also admitted. man accused of possessing $400,000 monwealth’s attorney subpoenaed the District Attorney Morganelli of worth of cocaine because she did not necessary witness. Judge Massiah- Northampton County, PA, has sug- believe the testimony of two under- Jackson held the commonwealth liable gested that the reason there are not cover police officers, Detective-Ser- for the defense’s lack of preparation for more instances of foul language on the geant Daniel Rodriguez and Detective its own unpreparedness, and Judge record is that Judge Massiah-Jackson’s Terrance Jones. It was the second time Massiah-Jackson, on the motion of the principal court reporter routinely she had acquitted alleged drug dealers court, dismissed the case without even ‘‘sanitized the record.’’ nabbed by the same officers. The first the suggestion from the defense that It does not appear to be a coincidence time, the two undercover officers testi- the case should be dismissed. The facts that both of these profane outbursts fied that they found two bundles of ultimately revealed that the subpoena were directed at prosecutors. Instead, heroin on a table right next to the de- had been issued, but the officer was on Judge Massiah-Jackson’s foul language fendant’s hand. The judge not only re- vacation and had not received it. It was appears to be part and parcel of her fused to believe this testimony, she not the fault of the commonwealth. hostility to law enforcement. went one step further. As the officers Judge Massiah-Jackson’s decision was Let me move to the issue of the leni- were leaving the courtroom, the judge reversed on appeal as an abuse of dis- ency in sentencing which has been reportedly told spectators in the court: cretion. The appellate court concluded characteristic, I believe, of this judge’s ‘‘Take a good look at these guys [the that, ‘‘Having carefully reviewed the record. In the case of Commonwealth v. undercover officers] and be careful out record, we are unable to determine the Freeman, the defendant shot and there.’’ basis for the trial court’s decision to wounded a Mr. Fuller in the chest be- This identification by the judge was discharge the defendant. Indeed the cause Mr. Fuller had laughed at him. reported in the Philadelphia Inquirer. trial court was unable to justify its de- Judge Massiah-Jackson convicted the Detective-Sergeant Daniel Rodriguez cision by citation to rule or law.’’ defendant of misdemeanor instead of confirmed this outrageous courtroom There is a lot of discussion about felony aggravated assault. She sen- incident in a signed letter to the U.S. whether we need to send this nomina- tenced him to do 2 to 23 months and

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S630 CONGRESSIONAL RECORD — SENATE February 11, 1998 then immediately paroled him so that order to do so, Judge Massiah-Jackson haps most dramatically illustrates this he did not have to serve jail time. The not only had to deviate substantially point is Commonwealth v. Smith, a felony charge would have had a manda- below the guidelines range but also had case discussed by the chairman of the tory 5- to 10-year prison term. Judge to ignore a mandatory weapons en- Judiciary Committee in the Chamber Massiah-Jackson explained her deci- hancement that raises the minimum yesterday. It is a case that I also men- sion stating, ‘‘The victim had been sentence 1 to 2 years. The Common- tioned. drinking before being shot,’’ and the wealth did appeal this meager sen- In this tragic case, the victim, a 13- defendant ‘‘had not been involved in tence, and Judge Massiah-Jackson was year-old boy, was raped at knifepoint any other crime since the incident.’’ reversed for her sentencing errors. in some bushes near a hospital. Even- Here we have an individual who Now, this decision is important not tually, the young boy managed to run shoots another individual, and this only because it demonstrates her leni- away from his assailant nude and judge not only makes it a misdemeanor ency in sentencing but also because of bleeding. Two nurses at the hospital so that the sentence can be reduced what it says about the equity of giving saw him, and he told them what had from a minimum of 5 to 10 years to 2 to Ms. Massiah-Jackson an additional happened, pointing out the bushes 23 months, but then paroles imme- hearing. We have heard a lot about where he was attacked. The two nurses diately the individual so that no jail Judge Massiah-Jackson’s right to be called the hospital security guards. time is served after the conviction. The heard and have been given the impres- They saw the defendant in the case judge explains this behavior saying sion that she has been the victim of emerge from the bushes with his cloth- that the person who had been shot had sandbagging by her opponents. It is ing disheveled and then saw him walk been drinking as if somehow, I guess, if true that there is information that was quickly away. The women yelled out for the man to stop, and the police ar- you are drinking you are eligible to be not available at the time of the com- rived on the scene and apprehended the shot; and that the defendant ‘‘had not mittee’s hearing. This sentencing case, defendant. been involved in any other crime since for example, was not addressed at the The defendant denied raping the boy, hearing. But why wasn’t it addressed at the incident.’’ but the police searched him and found This case was not discussed at the the hearing? That is no one’s fault but a knife matching the description of hearing. No appeal was taken from this Judge Massiah-Jackson. that used in the rape. At that point the case. The committee’s standard question- police arrested the defendant. In the case of Commonwealth v. naire asks every candidate to list any Shockingly, Judge Massiah-Jackson Burgos, during a raid on the defend- judicial decisions which were reversed ruled that the police lacked probable ant’s house, police seized more than 2 on appeal. Judge Massiah-Jackson cause to arrest the defendant and sup- pounds of cocaine along with evidence failed to list this case. Indeed, she tes- pressed all evidence, including the that the house was a distribution cen- tified that she had never been reversed identification of the defendant by the ter. on a sentencing appeal. So if this case two nurses. The defendant, Mouin Burgos, was wasn’t debated or discussed at the Now, not surprisingly, the appellate convicted. Judge Massiah-Jackson sen- hearing, it wasn’t debated or discussed court, when confronted with this dubi- tenced the defendant to only 1 year’s because at the hearing she had failed to ous judgment, reversed Judge Massiah- probation. disclose this when the committee had Jackson. Then District Attorney Ronald requested that she disclose it, and So the situation is this, that Castille criticized Judge Massiah-Jack- when asked additionally if there were Massiah-Jackson, lenient in sup- son’s sentence as ‘‘defying logic’’ and cases like this upon which she had been pressing evidence, was reversed by the being ‘‘totally bizarre.’’ He com- reversed she informed the committee appellate court. It has been pointed mented, ‘‘This judge just sits in her that she had not been reversed on sen- out, and I would thank Senator SPEC- ivory tower*** She ought to walk tencing appeal when in fact this case TER for having so pointed out, that along the streets some night and get a represented such a reversal. after a remand to the trial court the dose of what is really going on out Now, it seems ironic to me that when defendant was acquitted in a new trial there. She should have sentenced these we finally find out about the existence before a different judge. But what people to what they deserve.’’ of those things which she said did not seems to have received less attention is This case was discussed at the hear- exist, she should be accorded a second that all this occurred after Judge ing, and Senators and the judge had an hearing now to explain that which she Massiah-Jackson was reversed by the opportunity to explain their positions. failed to disclose. I think that is a seri- appellate court. Unlike the second No appeal was taken from this case. ous problem. This is not only a failure- judge who conducted a full trial, Judge In the case of Commonwealth v. Wil- to-disclose problem but this is the dis- Massiah-Jackson threw out the evi- liams, a first-degree robbery, unre- closure of something which was specifi- dence on the ground that the police ported sentencing reversal case, I cally denied in the hearing. lacked even probable cause to arrest would like to provide just one more ex- I make this point to make clear that the defendant despite his proximity to ample of Judge Massiah-Jackson’s leni- this is not just a simple matter of giv- the crime scene and the victim, and the ency in sentencing, an example that I ing someone a right to confront new al- other facts that are attendant thereto, think is also relevant to whether we legations. She had the opportunity to including the identification by the in- should have another hearing on this respond to the allegations in this set- dividuals who were there at the time of nominee. ting by providing the evidence in the his arrest. It is, of course, one thing to In the case of Commonwealth v. Wil- first instance, or the case or the notifi- acquit someone after a trial but the no- liams, the defendant robbed a 47-year cation that she had been reversed on tion that the police officers did not old woman on the street at the point of appeal, and in the second instance by even have probable cause to arrest the a razor. The defendant used the razor not denying that she had ever been re- defendant is just shocking, and the ap- to slash the woman’s neck and arms versed on appeal. It strikes me that we pellate court agreed. and took her purse. The defendant had are creating a troubling precedent by And the litany, incidentally, of illus- to undergo surgery to repair the affording nominees a second hearing at trations regarding leniency in sen- slashed tendons in her hand and was least in part to explain materials that tencing could go on. Last year there forced to wear a splintering device that were requested prior to the first hear- were 50 separate cases that were sin- pulled her thumb back to her wrist. ing. gled out just as exemplary of this leni- The defendant pled guilty to first-de- Let me move on to the case of Com- ency, but that was just last year. And gree robbery. Under the Pennsylvania monwealth v. Smith. This is leniency organizations, law enforcement organi- sentencing guidelines, that offense car- not just in sentencing but a predisposi- zations, organizations that serve the ries a range of 4 to 7 years, with a miti- tion on the part of this judge to sup- culture by providing the safety and se- gated range of 31⁄4 to 5 years. Despite press evidence and to do so improperly. curity for persons and their property these sentencing ranges, Judge Judge Massiah-Jackson has also dem- which defines a civilized culture, have Massiah-Jackson sentenced the defend- onstrated leniency in improperly sup- come out saying this individual should ant to a mere 111⁄2 to 23 months. In pressing evidence. The case that per- not be

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S631 confirmed as a U.S. district court return from the recess we are about to uals that one would not expect to ordi- judge. go into at the close of business on narily oppose a nominee except in ex- The Philadelphia Lodge of the Fra- Thursday or Friday. So we can see traordinary situations: Lynne Abra- ternal Order of Police announced its what that hearing turns up. But I ham, who is the district attorney in opposition to the confirmation of think that no further action can be the Philadelphia area—a Democrat, Massiah-Jackson on January 13 of this taken at this time. I thank all Sen- someone you would expect to be year. And just yesterday I had the ators for their consideration and will aligned with the President and his privilege of attending a press con- yield the floor to the Senator from nominations—at great political cost, ference in which Philadelphia Fra- Missouri. I appreciate him yielding me with substantial display of putting the ternal Order of Police President Rich- this time. And I know that the Sen- benefit of the community in Philadel- ard Costello made his opposition to ators from Pennsylvania will both seek phia above party loyalty, came out this nominee unmistakably clear. The recognition so that they can comment against the nomination of Frederica National Fraternal Order of Police an- on the present status of this nominee. Massiah-Jackson in a letter to Senator nounced its opposition on January 20. Mr. SPECTER addressed the Chair. SPECTER, at least that is my informa- In coming out against this nominee, The PRESIDING OFFICER. I believe tion, on January 8. She wrote: here is what the National President of the Senator from Missouri still has the My position on this nominee goes well be- the Fraternal Order of Police, Gilbert floor. yond mere differences of opinion, or judicial Gallegos, stated: ‘‘Judge Massiah-Jack- Mr. SPECTER. Mr. President, I ask philosophy. Instead, this nominee’s record son has no business sitting on any unanimous consent that I be permitted presents multiple instances of deeply in- bench, let alone a Federal bench.’’ to speak in response to the majority grained and pervasive bias against prosecu- After describing the incident in leader for up to 1 minute. tors and law enforcement officers—and, by which Judge Massiah-Jackson pointed extension, an insensitivity to victims of Mr. ASHCROFT. Mr. President, I be- crime. Moreover, the nominee’s judicial de- out undercover police officers in open lieve I have the floor. meanor and courtroom conduct, in my judg- court, Mr. Gallegos stated, ‘‘I cannot The PRESIDING OFFICER. Is there ment, undermines respect for the rule of law adequately express my outrage.’’ The objection? and, instead, tends to bring the law into dis- National Fraternal Order of Police Mr. ASHCROFT. Mr. President, I be- repute. President concluded, ‘‘To confirm lieve I have the floor. This nominee’s judicial service is replete Judge Massiah-Jackson would be an af- The PRESIDING OFFICER. The Sen- with instances of demonstrated leniency to- front to every law enforcement officer ator from Missouri does have the floor. wards criminals, an adversarial attitude to- and prosecutor in the Nation, all of Does the Senator from Missouri ob- wards police and disrespect toward prosecu- tors unmatched by any other present or whom have a herculean task of fighting ject to the unanimous consent request? former jurist with whom I am familiar. crime. We shouldn’t have to have Mr. ASHCROFT. Mr. President, I ob- That is a very serious charge from [both] the judges and the criminals serve the absence of a quorum. the prosecutor, someone of the same against us.’’ The PRESIDING OFFICER. The I note the presence of the majority clerk will call the roll. party as the President who nominates leader in the Chamber, Mr. President, The legislative clerk proceeded to this judge. I quote again: and I would gladly yield to the major- call the roll. This nominee’s judicial service is replete ity leader with the understanding that Mr. SPECTER. Mr. President, I ask with [full of] instances of demonstrated leni- unanimous consent that further pro- ency toward criminals, an adversarial atti- at the conclusion of his remarks my tude toward police and disrespect toward right to speak in the Chamber be re- ceedings under the quorum call be dis- prosecutors unmatched by any other present tained. pensed with. or former jurist with whom I am familiar. The PRESIDING OFFICER. Without Mr. ASHCROFT. Objection. The words ‘‘full of’’ were my amplifi- objection, it is so ordered. The major- The PRESIDING OFFICER. Objec- cation. Her text did not include that. ity leader. tion is heard. Other local law enforcement officials Mr. LOTT. Mr. President, I have had The legislative clerk continued with who feel that this is a nomination the opportunity now to discuss this the call of the roll. which should not go forward—the nomination with Senators on both Mr. ASHCROFT. Mr. President, I ask Northampton County District Attor- sides of the aisle and those who did unanimous consent that the order for ney, John Morganelli, another Demo- support her and certainly those who the quorum call be rescinded. crat, announced his all-out opposition are opposed to this nomination. I think The PRESIDING OFFICER. Without to this nomination on January 6, 1998. that we should not go forward to a vote objection, it is so ordered. Mr. Morganelli provided members of at this time since there are very seri- Mr. ASHCROFT. Mr. President, I had the committee with a letter detailing ous allegations out there. I am con- hoped to offer to the Senator from the numerous incidents of unpro- vinced they are true; I am convinced Pennsylvania an opportunity to make fessional conduct that have marked this nomination should not go forward; brief remarks, and that is the reason I Judge Massiah-Jackson’s tenure on the and I would urge at this point the placed the quorum call, for an oppor- State trial bench. The concluding para- President withdraw this nomination tunity to make that offer. graphs of that letter are worth quoting because clearly this nominee has very The nomination of Frederica at length: serious problems, conduct on the bench Massiah-Jackson is a nomination that is certainly inappropriate and a which I think should call us each to a [The] record is one of an unusually adver- very serious consideration of our re- sarial attitude toward the prosecution and number of concerns about the nomi- police. Much personal animosity towards nee’s attitude toward prosecutors and sponsibilities here in the U.S. Senate. prosecutors and police in general. Other por- toward law enforcement. Clearly this is Judges who are appointed for life, who tions of her record indicate a tendency to be the type of nomination that should not really do not answer to the voters, do lenient with respect to criminal defendants. be confirmed. But so that some of these not answer to the administration or I continue with his letter: the executive branch, have a very high articles, some of the cases, some of the This judge sat as a fact finder in the vast suggestions that are now in the public degree of power in the culture and we majority of her cases because criminal de- arena can be properly looked into, I should be very careful about the indi- fendants almost always felt it advantageous thought the best thing to do at this viduals that we endow with the author- to waive their right to a jury trial in order time would be to not go forward with a ity of becoming Federal judges. The to present their case directly to the vote and allow time for the committee National Association of Police Organi- judge.***In addition, she has shown a to have a hearing on the problems that zations understands that and the Na- lack of judicial temperament with respect to have been identified. I don’t think it tional Association of Police Organiza- vulgar language from the bench on the tions announced its opposition on Jan- record and much of it off the record. Also, as can be disposed of in the near future. indicated above, Judge Massiah-Jackson has Having said that, I understand the uary 22, to this nominee. attempted to meddle with the appellate chairman of the Judiciary Committee Further, there is opposition from the process in Pennsylvania by contacting appel- will be conducting an additional hear- local law enforcement community in late courts and improperly attempting to in- ing on the nominee sometime when we Philadelphia, opposition from individ- fluence appellate decisions. Her comments,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S632 CONGRESSIONAL RECORD — SENATE February 11, 1998 conduct, record and lack of judicial tempera- dent as nominees and could well serve Mr. SANTORUM. Mr. President, I ment by itself should call into question her this country as nominees. And I believe just want to thank the majority leader, stature to serve as a Federal Judge. it is the responsibility of the U.S. Sen- Numerous District Attorneys and police again, for his willingness to cooperate organizations in the Commonwealth of Penn- ate, when you have a nominee who is with both Senator SPECTER and me in sylvania oppose this nomination as a slap in not of the caliber and quality that is our request that Judge Massiah-Jack- the face to the law enforcement community. appropriate for membership on the son’s nomination not be voted on here That is the conclusion of District At- Federal bench, for the Senate to stand in the next few days but that the proc- torney Morganelli’s letter, opposing up and say so. And I believe that is our ess be able to be worked out and the confirmation of this judge. responsibility here. worked through, a hearing to be held. I In addition, the Executive Com- I don’t believe that the Founding Fa- know Senator SPECTER, who cannot be mittee of the State of Pennsylvania’s thers of this great country put the U.S. here right now, fully supports this District Attorneys Association has Senate in the stream that leads to the process that we now have begun to get unanimously voted to officially oppose Federal judiciary so that it could act her a hearing in the Judiciary Com- the nomination. On January 8 the Ex- in a way which is a rubberstamp, so mittee. And then I hope very promptly ecutive Committee of the Pennsylvania that it could say, well, in spite of the to bring her back to the floor of the District Attorneys Association, in a fact that this individual is an affront U.S. Senate for a vote. unanimous vote, officially opposed the to the judicial system, disrespects it nomination. The President of the asso- with profanity, disrespects its partici- I would not like to see this nomina- ciation wrote a letter on January 26, pants by profaning them and their con- tion hang out for a long period of time expressing the association’s opposition. duct, is so lenient with criminals that after the hearing. I don’t think that I would just comment it is not usual it causes major questions, has to be re- would be fair, again, to her or to the for prosecuting attorneys, or for dis- versed on criminal appeals and, when process, or to the President who I trict attorneys, or for police organiza- asked about it, denies ever being re- know, in having conversations with the tions to attack judges, especially versed until the appeals are found—I White House, they would like to see judges who are sitting as judges in don’t think we have to have that kind this matter be dealt with in an expedi- their jurisdictions, the same judges of person. I don’t think we are here to tious fashion after the hearing takes they have to go before on a regular pass that kind of person through to a place. A hearing will not be able to basis in seeking to effect justice in the lifetime tenure, to a system which will, take place until the week after next be- society, to make sure we have the right really, give her great latitude in im- cause we are not in session next week. law enforcement, the right prosecu- posing upon the people of this country So I am hopeful we can bring this judge tion, the right conviction and the right the authority of the United States in up for a final vote here in the U.S. Sen- detention of those who have been demanding or commanding adherence ate within a 3-week period of time, deemed guilty of a crime. It is not to the law. I really think that we can maybe a 4-week period of time. I think comfortable, it is not easy, it is not ex- do better. And I think we ought to do that would be appropriate for her and I pected. It is, I think, fair to describe it better. think appropriate for the Senate at as rare, that someone would, as a pros- It is not hard for us to do that. Sure- some point to pass judgment on this ecutor, or that the association of pros- ly we have cooperated 90, 95 percent—I nominee. I think it is important when ecutors, or that the police, or the asso- don’t know—of the time, that these the President puts a nominee up who ciations of police, would come forward cases go through. Most of them never has had, certainly, the amount of at- and make statements that say not only even get debated. This case was—they tention that this nominee has had, that is this the worst judge I have ever seen insisted that we debate. When I was the Senate, all Members, get an oppor- but this is the worst judge of which I last at a committee meeting I thought tunity to express their opinion as to have any awareness. These are individ- we should not move this case to the whether this nominee has the creden- uals who have a substantial awareness floor for debate. There was an outcry, a tials and qualifications and qualities of the judicial system as a result of substantial, significant outcry, insist- necessary to serve on the Federal judi- their broad experience in the system. ing that we move this case to the floor ciary. If my recollection serves me cor- for debate. Now that we have moved it rectly, the district attorney in Phila- to the floor for debate there is a sub- With that, I again thank the major- delphia, Lynne Abraham, is a former stantial outcry to move it back to the ity leader and thank my colleagues for judge herself. She has an ability to committee. allowing this procedure. There are know what the circumstances of the I think the real fact of the matter is things that could have been done. I judge’s responsibilities are. And when we know, we know enough about this talked to several of my colleagues she comes forward to say that this case to say this is not an individual about those things that could be done. judge is a judge that is so out of touch that we want to welcome into the life- The Senator from Missouri and others with the balance necessary to accord time tenure of the Federal judge. It would have liked to vote today. In fact fairness in the system by being so pre- does not mean the individual cannot they could force a vote today. It is disposed to the defendant’s position have merit, cannot do different things, within the right of any Senator on this and antithetical to the prosecutor’s po- is banished from any other responsibil- nomination to offer a tabling motion, sition, and antagonistic to the position ities. It is simply someone who is not which would bring the debate to a stop of the Commonwealth as opposed to suited to be endowed with the author- and cause a vote. They have agreed to that of the individual who is seeking to ity of a Federal judge, a serious respon- not do that and I appreciate that very be declared innocent of the charges, sibility in this society and culture. much. she just indicates that we can do bet- I suppose we can let this individual ter. And I think that is really the case go back for additional committee hear- They could have derailed this effort. that we have here. ings or additional deliberations. But in But their indulgence in allowing what The pool of legal talent in Pennsyl- my view that is a mistake. And, in my two home State Senators believe is a vania is not shallow. We have talked view there are times when the Senate fair process, their indulgence in allow- about Philadelphia lawyers all across should simply act as the Constitution ing what we believe to be a fair proc- the country for a long time, because calls upon it to act, that is to either ess, in acquiescing to those desires, is Philadelphia is known as a center for provide the advice and consent which is noble indeed and very much appre- individuals who know how to work appropriate and constitute the nomi- ciated. So I thank the Senators from with the law and to do it effectively, nee as a member of the judiciary or Alabama, Missouri, and others who who know what their responsibilities deny the advice and consent and move have expressed a willingness to expe- are and to make sure that those re- on because America can and should do dite consideration of this nominee, for sponsibilities can be carried out in the better. their willingness to withhold and allow best interests of their clients. And I be- I yield the floor. the process to work out just a few more lieve that there are those in that com- The PRESIDING OFFICER. The Sen- weeks. And then take the nominee munity who could well serve this Presi- ator from Pennsylvania. back to the floor.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S633 There will be no vote in committee. to victims of crime. The nominee’s ju- copy of the letters that I quoted in my She will not be recommitted to com- dicial demeanor and courtroom con- statement. mittee. There will be no action nec- duct . . . undermine respect for the There being no objection, the letters essary by the committee. Her nomina- rule of law and . . . tend to bring the were ordered to be printed in the tion will remain on the floor of the law into disrepute.’’ She then com- RECORD, as follows: U.S. Senate and will be eligible to be pared this judge to others stating, PENNSYLVANIA DISTRICT recalled by the leader at his discretion, ‘‘This nominee’s judicial service is re- ATTORNEYS ASSOCIATION, which is our understanding, subsequent plete with instances of demonstrated Harrisburg, PA, January 26, 1998. to the hearing in the Judiciary Com- leniency toward criminals, an adver- Sen. ORIN HATCH, mittee. sarial attitude towards police, and dis- Chairman, U.S. Senate Judiciary Committee, So that is the state of play, if you Dirksen Office Building, Washington, DC. respect and a hostile attitude towards DEAR MEMBERS OF THE U.S. SENATE JUDICI- will, of this nomination, and it is one I prosecutors unmatched by any other ARY COMMITTEE: As President of the Pennsyl- find wholly acceptable at this point. I present or former jurist with whom I vania District Attorneys Association, I am know my colleague, Senator SPECTER, am familiar.’’ writing to express the Association’s opposi- does also. An example of the judge’s hostility tion to the nomination of Judge Frederica Mr. THURMOND. Mr. President, I toward police that has created much Massiah-Jackson for a position as a Federal rise today to express my opposition to attention is an incident where she Judge in the Eastern District of Pennsyl- the nomination of Frederica Massiah- vania. pointed out two undercover narcotics As you may know, recently the Executive Jackson for the United States District agents and told those in her courtroom Board of the Pennsylvania District Attor- Court for the Eastern District of Penn- to take a good look at the officers and, neys Association which speaks on behalf of sylvania. I opposed this nominee in quote, ‘‘watch yourselves.’’ This story all 67 elected District Attorneys in Pennsyl- Committee, and nothing has changed was published in a Pennsylvania news- vania voted unanimously to oppose the in the interim to make me any more paper, and I asked her about it in writ- aforesaid nomination. We recently met with likely to support her. ing during the hearing process, which Senator Arlen Specter and Senator Rick I believe that the President is enti- gave her plenty of time to reflect on Santorum of Pennsylvania in person to con- tled to some deference in his choice of vey the sentiment of District Attorneys in the matter. She responded, ‘‘I have Pennsylvania. judges for the Federal Bench, and I try read the 1988 article and it is inac- A review of Judge Massiah-Jackson’s to give his nominees the benefit of the curate. I would not and did not make record during her tenure as a Criminal Court doubt. However, because of Judge any such statement to the spectators.’’ Judge clearly shows that she has exhibited Massiah-Jackson’s judicial tempera- However, the two undercover agents an anti-police, anti-prosecution bias as a ment and record of leniency toward that the article referred to later signed Criminal Court Judge. At times, her actions criminal defendants, I cannot support statements saying she had singled as a Common Pleas Judge in Philadelphia her nomination. them out and referred to them in this have bordered on the outrageous. She has used profanity in her courtroom, embar- Judicial temperament is an essential manner. quality for judges. They must be pro- rassed and exposed police officers in her She has also made public comments courtroom and has even interfered in the ap- fessional, civil, and fair. To earn es- about crime that warrant concern. Al- pellate process by attempting to ‘‘rec- teem and honor, they must exhibit dig- though she informed me in response to ommend’’ to an appellate court that a Com- nity and be respectful of those who ap- a written question that she is not op- monwealth appeal of one of her decisions be pear before them. posed to imposing the death penalty, quashed. Given the prevalence of federal ha- Unfortunately, Judge Massiah-Jack- she was very critical of the death pen- beas corpus appellate practice, especially as son has shown a lack of judicial tem- alty in a 1994 speech. Quoting Justice it related to capital convictions obtained from state courts, the prospect of seating a perament while serving on the Penn- Harry Blackman, she said, ‘‘the death sylvania trial court. She has used pro- member to the Federal Judiciary with a penalty experiment has failed.’’ She record like Ms. Massiah-Jackson’s should fane language from the Bench, which I added, ‘‘It is not a deterrent to crimi- give those involved in the confirmation proc- will not repeat here. There is simply no nal behavior.’’ Later in the speech she ess pause and concern. excuse for a judge to use profanity in said, ‘‘Locking folks up is a belated and Therefore, I strongly urge all members of court. expensive response to a social crisis.’’ the Senate Judiciary Committee and all Also, we have received numerous let- It is very unusual for us to receive members of the United States Senate to op- ters from bipartisan professionals to opposition to a nominee for the Federal pose this particular nomination. Very truly yours, the effect that she is hostile and unfair Court from prosecutors and profes- toward prosecutors and police officers. MICHAEL D. MARINO, sionals as we have here. I commend the President. The Pennsylvania District Attorneys prosecutors and police who have taken Association, which unanimously voted this bold stand. They have brought a COMMONWEALTH OF PENNSYLVANIA, to oppose her nomination, wrote that great deal of attention to a nominee OFFICE OF ATTORNEY GENERAL, she has ‘‘an anti-police, anti-prosecu- who is simply not fit to serve on the Harrisburg, Pa, January 29, 1998. tion bias’’ and that her actions as a Federal court. Hon. ARLEN SPECTER, trial judge ‘‘at times . . . have bor- The public opposition to this nomi- U.S. Senator, Washington, DC. dered on the outrageous.’’ The Attor- RE: Judge Frederica Massiah-Jackson. nee from prosecutors and police, in ad- DEAR SENATOR SPECTER: I wish to express ney General of Pennsylvania, Michael dition to the information we had at the my opposition to President Clinton’s nomi- Fisher, has weighed in against her. The time she was considered in Committee, nation of Judge Frederica Massiah-Jackson National Fraternal Order of Police should be more than enough for Sen- to serve on the United States District Court wrote that she ‘‘has made a career of ators to oppose her. It should not even for the Eastern District of Pennsylvania. dismissing out of hand testimony by be necessary to consider cases and sta- I am writing on Judge Massiah-Jackson’s police officers, treating them as sec- tistics that have been brought to our nomination after spending considerable time reviewing her record on the Court of Com- ond-class citizens.’’ The Philadelphia attention in the past few weeks. FOP echoed this criticism, saying that mon Pleas of Philadelphia County. Due to Let me close by referring again to the importance of this nomination and be- her actions ‘‘make it appear she is on a the letter from the Fraternal Order of cause of the seriousness of the allegations crusade against public safety.’’ The Police. I quote, ‘‘To confirm Judge raised with respect to Judge Massiah-Jack- Philadelphia District Attorney, Lynne Messiah-Jackson would be an affront son’s record, I have delayed taking a public Abraham, whose office prosecutes to every law enforcement officer and position until I had the opportunity to re- criminal cases within Philadelphia prosecutor in the Nation.... We view all available data. This review has also where Judge Massiah-Jackson has shouldn’t have to have the judges and included discussions with members of my served as a judge, was resolute. She the criminals against us.’’ staff and other prosecutors who have person- wrote that the ‘‘nominee’s record rep- ally appeared before Judge Massiah-Jackson. Mr. President, I agree. I will stand To a person, these prosecutors have ex- resents multiple instances of a deeply with prosecutors and police on this pressed concern about the Judge’s demeanor, ingrained and pervasive bias against nomination. her temperament and the manner in which prosecutors and law enforcement offi- At this time, I ask unanimous con- she disposes of cases. I have also reviewed cers, and by extension, an insensitivity sent to have printed in the RECORD a sentencing statistics and discussed Judge

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S634 CONGRESSIONAL RECORD — SENATE February 11, 1998 Massiah-Jackson’s sentencing practices with fleeing the scene. She described the behavior need to be worrying about the people in posi- these prosecutors. This review and these dis- of this man, who had a prior record of 19 ar- tions of authority placing them in more dan- cussions have revealed a record of leniency rests and eight convictions, as ‘‘Not really ger. Yet, that is exactly what Judge Jackson in sentencing criminal defendants, a bias criminal. He had merely been involved in a did to several Narcotic Officers in open against police and prosecutors and an insen- car accident.’’ The man was sentenced to two Court. sitivity to the plight of victims. years probation. It is an insult to the entire Judicial Sys- The major criticisms about Judge Massiah- To add insult to injury, a few years earlier tem and the community it services when a Jackson come from the period of time she this same man, who then was out on bail for Jurist of this caliber would even be consid- was assigned to the Court’s Criminal Divi- another offense, appeared before Judge ered for an appointment to a position that sion. In recent years, she has been assigned Massiah-Jackson. His counsel asserted that a could negatively affect public safety. to the Civil Division. U.S. District Court particular police officer was harassing him Must one be reminded that—Crime is out judges have a civil and criminal court case- with ‘‘unnecessary’’ traffic stops. Despite the of control. Innocent people are being at- load. The Office of Attorney General and I lack on any evidence, Judge Massiah-Jack- tacked and slaughtered on our streets. Drugs represent the Commonwealth in the U.S. son offered to have the court file a complaint are in every neighborhood. Our citizens are District Court in civil and criminal cases. against the officer on the defendant’s behalf! fleeing the City in great numbers. Our resi- dents are living in fear everyday. Our City is As Attorney General, I supervise a large She concluded, without any discernable rea- office which includes 180 lawyers and 266 in decay. son other than her contempt for law enforce- We must stop the violence; we must stop criminal agents. My prosecutors and agents ment officers, that this officer was master- the insanity! are often cross-designated in federal court minding a plot to threaten and harass the The appointment of Judge Massiah Jack- and also work jointly with police officers, man and his family! Senator Specter, she son to the U.S. Court would be directly agents and prosecutors from other federal, threatened in open court to appear as a fact counter-productive to this effort. We need a state and local agencies. My Office’s cases witness against this officer in the event the Federal Judge who has proven to be tough on are sometimes prosecuted in federal court, defendant, his family, or friends came to any crime. One who is a highly regarded profes- notably when they are developed in conjunc- harm. What kind of a judge is this? sional in the field of law. We must have a tion with a federal task force. A federal judi- On one occasion, Senator, Judge Massiah- Judge who can help bring new hope to those ciary that properly safeguards individual Jackson acquitted a criminal of drug posses- in despair. rights and liberties while respecting the sion by simply refusing to believe the testi- In closing, Philadelphia has many Judges dedication and commitment of the law en- mony of undercover narcotics investigators. who can fill the requirements needed for this forcement community is essential to our ef- After dismissing the charges, she urged spec- position. Unfortunately, Judge Massiah forts on behalf of the people of the Common- tators in her court to ‘‘take a good look at Jackson is not one of them. wealth. the undercover officers and watch your- Respectfully submitted, Based on my review of Judge Massiah- selves.’’ I cannot adequately express my out- RICHARD B. COSTELLO, Jackson’s criminal court record and the an- rage, sir. She deliberately jeopardized the President. tipathy she has displayed toward police, lives of these officers. Is this the type of MICHAEL G. LUTZ, prosecutors and victims, I must respectfully judge we want sitting on the Federal bench? Past President. ask you to oppose her nomination when it is This is surely the most offensive and egre- voted on by the United States Senate and to gious example of her conduct, but hardly an DISTRICT ATTORNEY’S OFFICE, ask your colleagues to do likewise. uncommon one for Judge Massiah-Jackson, Philadelphia, PA, January 8, 1998. My hope would be that the President will who has made a career of dismissing out of Hon. ARLEN SPECTER, quickly nominate someone who will bring hand testimony by police officers, treating U.S. Senate, the needed diversity to the United States them as second-class citizens barely worthy Washington, DC. District Court for the Eastern District of of even her contempt. Frankly, I am amazed DEAR SENATOR SPECTER: On December 9, Pennsylvania, but a person with a record she has served on any bench at all. 1997, you phoned my office seeking my posi- that shows a more balanced perspective than I urge you to ensure that all judicial nomi- tion on the nomination of Judge Frederica this nominee. nees are properly screened, so that the likes Massiah-Jackson as a Judge for the United Thank you for your consideration of my of Judge Massiah-Jackson do not find their States District Court for the Eastern Dis- position. way to the Senate floor again. And I strongly trict of Pennsylvania. When we spoke, I told Very truly yours, urge you to withdraw your support of her you that, in my thirty years of public serv- D. MICHAEL FISHER, nomination and cast your vote against her ice, including almost sixteen years as a Attorney General. confirmation on 28 January. To confirm Judge and over six years as Philadelphia’s Judge Massiah-Jackson would be an affront District Attorney, never before had my FRATERNAL ORDER OF POLICE, to every law enforcement officer and pros- United States Senator solicited my position NATIONAL LEGISLATIVE PROGRAM, ecutor in the nation, all of whom have the on any of the many prior Federal District or Washington, DC, 27 January 1998. herculean task of fighting crime. We Circuit Court nominees who had sought con- Hon. ARLEN SPECTER, shouldn’t have to have the judges and the firmation. I further related that it had been U.S. Senate, Washington, DC. criminals against us. my general policy to refrain from speaking DEAR SENATOR SPECTER: I am writing on Sincerely, out on Federal judicial nominations. Immediately after our brief phone con- behalf of the more than 270,000 members of GILBERT G. GALLEGOS, versation, you wrote and faxed me a letter the Fraternal Order of Police to urge that National President. you withdraw your support for the nomina- seeking my written concurrence in a quoted tion of Judge Frederica Massiah-Jackson to paragraph regarding my general policy. I FRATERNAL ORDER OF POLICE, have deliberately deferred responding be- the Federal judiciary. PHILADELPHIA LODGE NO. 5, Senator Specter, Judge Massiah-Jackson cause, instead of offering a perfunctory re- Philadelphia, PA, January 13, 1998. sponse, I thought it prudent, under the has no business sitting on any bench, let Hon. RICHARD (RICK) SANTORUM, alone a Federal bench. Frankly, I have dif- present circumstances, to re-evaluate my U.S. Senator, Philadelphia, PA. general policy, to see if there were compel- ficulty reconciling why you would offer her DEAR SENATOR SANTORUM: The Fraternal nomination any of your support. She rou- ling reasons to deviate from it. I have con- Order of Police, in an effort to protect and cluded that this nomination presents such tinely demonstrates that she lacks any sense properly serve its members, has a keen inter- reasons. of judicial propriety and temperament. Her est in all Jurists whose appointment could Between the time of our conversation and manners and language in the court room are affect the safety and welfare of its Police. today, I have carefully reviewed sentencing ugly. Her record of sympathy and leniency To this end, the Fraternal Order of Police statistics, verdicts, courtroom testimony, toward criminals, even violent criminals, is is opposed to the nomination of Judge Fred- newspaper and other print media reports, to- extreme. Most objectionably, Judge Massiah- erica Massiah Jackson to the United States gether with a number of other pieces of anec- Jackson consistently parades her anti-police District Court for the Eastern District of dotal evidence, including office memoranda. bias by using her power and authority as a Pennsylvania. After having done so, I have concluded that judge to belittle, harass, and threaten the The reasons for this determination by the I must stand opposed to this nomination. law enforcement officers who appear in her F.O.P. is that Judge Jackson has an estab- This decision is a difficult one because I court. Her contempt for prosecutors appear- lished record of being extremely lenient on campaigned with and served on the bench at ing before her is so rancorous, that a broad criminals; insensitive to the victims of the same time as Judge Massiah-Jackson. I grassroots effort has been led by members of crime; and has posed a direct threat against firmly believe in the rule of law and the her own political party to oppose her ele- Police. independence of the judiciary, and I would vation to the Federal judiciary. Judge Jackson’s bizarre rulings, coupled never oppose a nomination merely because of In 1994, a man appeared before Judge with her challenging and adversarial atti- a personal disagreement with some decisions Massiah-Jackson charged with numerous of- tude toward Police and prosecutors, make it or remarks that a judge might make in the fenses. He had struck a pedestrian with his appear she is on a crusade against public heat of courtroom arguments. car, left her lying in the gutter, and then safety. My position on this nomination goes well pummeled into unconsciousness a relative of The Police have a hard enough time deal- beyond mere differences of opinion, or judi- the victim who attempted to prevent his ing with the felons on the street. They don’t cial philosophy. Instead, this nominee’s

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S635 record presents multiple instances of a deep- intend to continue to speak and to seek the pros and cons of START II versus ly ingrained and pervasive bias against pros- national dialog on a wide range of nu- START III. Instead, I believe that the ecutors and law enforcement officers—and, clear issues. In fact, I will invite each United States should move away from by extension, an insensitivity to victims of of my Senate colleagues to participate sizing its nuclear stockpile in accord- crime. Moreover, the nominee’s judicial de- ance with bilateral accords with Rus- meanor and courtroom conduct, in my judg- in a nuclear issues caucus focused on ment, undermines respect for the rule of law issues ranging from nuclear power and sia. Instead, within the limitations of and, instead, tends to bring the law into dis- waste to nuclear stockpiles. existing treaties, the United States repute. My goal is that out of this dialog and should move to a ‘‘threat-based stock- This nominee’s judicial service is replete out of a rebirth of critical thinking on pile,’’ driven by the minimal stockpile with instances of demonstrated leniency to- the roles of nuclear technology, we can size that meets credible threat evalua- wards criminals, an adversarial attitude to- craft policies that better meet the tions. wards police, and disrespect and a hostile at- needs of the Nation and better utilize That is just another issue in the nu- titude towards prosecutors unmatched by clear field that we ought to be address- any other present or former jurist with the power of nuclear technologies. Let me give you the flavor of some of these ing and debating and thinking about whom I am familiar. and listening to some experts on. I must, however, make this point perfectly issues that I assert need careful reex- clear: I believe firmly that the next member amination. Today, many of the weapons in our of the Eastern District judiciary should be First, in 1997, the United States de- stockpile and in the stockpile of Russia an African-American woman. The under-rep- cided to halt research into reprocessing are on hair-trigger alert. I believe that resentation of minorities on our federal mixed oxides, or commonly called MOX both nations should consider de-alert- bench has been permitted to exist for far too fuel, in the hope that it would curtail ing their nuclear stockpiles and even long. Fortunately, the Philadelphia area is other countries’ pursuit of these tech- consider eliminating the ground-based blessed with many eminently well-qualified leg of the nuclear triad. And I know African-American women lawyers, in aca- nologies. Other countries proceeded to follow their own best interests and this may not be doable, and the discus- demia, public service, private practice, and sion may reveal that it is not prudent. on the bench. Had any one of these been se- technical judgments. lected, she would already be presiding on our Today, many other countries are re- But it should be talked about. Federal District Court bench. processing and using MOX fuel, mixed Today, both the United States and I trust that this letter satisfies your in- oxide fuel. Now the United States is Russia are dismantling weapons, but quiry. unable to use these technologies to both nations are storing the classified Sincerely, meet nonproliferation needs and has components, the so-called pits from the LYNNE ABRAHAM, weapons, that would enable either na- District Attorney. largely been left out of the inter- national nuclear fuels cycle. tion to quickly rebuild its arsenals. We I yield the floor and suggest the ab- I contend we made a mistake then. are in serious need of a fast-paced pro- sence of a quorum. The reason we made the decision is gram to convert classified weapon com- The PRESIDING OFFICER (Ms. COL- false. We said it is so that no others ponents into unclassified shapes that LINS). The clerk will call the roll. will do this and create some risks. Oth- are quickly placed under international The assistant legislative clerk pro- ers have assessed that there are no verification. Then that material should be transformed into MOX—which I dis- ceeded to call the roll. risks, or few, and they have proceeded. Mr. DOMENICI. Madam President, I Let me move on to another example. cussed earlier—MOX fuel for use in ci- ask unanimous consent that the order Today, we regulate radiation to ex- vilian reactors, again with due haste. There are some who have prejudged for the quorum call be rescinded. tremely low levels based on what we this and will instantly say, no. I am The PRESIDING OFFICER. Without have chosen to call in this country the suggesting the time is now to have a objection, it is so ordered. ‘‘linear-no-threshold’’ model of radi- thorough discussion of these kinds of Mr. DOMENICI. Parliamentary in- ation effects. That model, basically, as- issues, because we made some mistakes quiry. Is there time set aside for morn- serts that the least bit of radiation ex- 15, 20 and 25 years ago when we made ing business now? posure increases the risk of cancer, but some of the decisions that now guide The PRESIDING OFFICER. There is scientific evidence does not support our course in this very, very difficult not. However, the Senator may, by that assumption. As a result, the area that I just spoke of with reference unanimous consent, request permission United States spends billions of dollars to proceed. to nuclear arsenal components. each year cleaning up sites to levels Today, high-level nuclear waste is Mr. DOMENICI. Madam President, I within 5 percent of natural background ask unanimous consent for 15 minutes stored in 41 States. Much of that is radiation, even though natural back- spent civilian reactor fuel that is satu- to speak as in morning business. ground radiation varies by large The PRESIDING OFFICER. Is there rating the storage capacity at many amounts; in fact, by over three times sites. The United States should move objection? Without objection, it is so just in the United States and much to interim storage of spent nuclear fuel ordered. larger amounts if we look outside the while continuing to actively pursue f Nation. permanent repository. In the years be- On another issue, today, nuclear en- NUCLEAR ISSUES fore that repository is sealed, there ergy provides 20 percent of the elec- will be time to study alternatives to Mr. DOMENICI. Madam President, tricity of our Nation. In 1996, nuclear permanently burying the spent fuel over the last few months, I have been energy reduced U.S. greenhouse gas with its large remaining energy poten- speaking out regularly on a wide range emissions from electric utilities by 25 tial. One of those alternatives for study of nuclear issues that confront our percent. Does that sound interesting to should be a serious review of accel- country and the world, issues that have anyone? Nuclear electrically generated erator transmutation of waste tech- not been carefully addressed to opti- power reduced U.S. greenhouse gas nology. mize the positive impacts of these emissions 25 percent. That means that Today, another issue, irradiation of technologies and to minimize their as- we produce that electricity clean in food products is rarely used. Neverthe- sociated risks. terms of global warming emissions, and less, there is convincing evidence of its As I began this statement, I noted we did this without imposing taxes or benefits in curtailing foodborne ill- that nuclear issues are not exactly the other costly limitations on the use of nesses. I commend the recent accept- ones that most of us focus on to hear carbon-based energy forms, some of the ance of irradiation for beef products by cheers of public support. Nuclear issues suggestions that are being made now the Food and Drug Administration. It typically have been relegated to back about taxing those energy sources that was a long time in coming, but it is fi- burners or only to attacks that wildly do create greenhouse gases to minimize nally here. inflate their risks. their impact by using less. Today, few low-level nuclear waste Based on strong encouragement that On another issue, today, we focus on disposal facilities are operating in this I have received from people like Sen- the creation of bilateral accords with country, jeopardizing many operations ator Nunn, John Deutch, Allan Russia to size our nuclear stockpile, that rely on routine use of low-level ra- Bromley, Edward Teller and others, I and we expend much energy debating dioactive materials. For example, the

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S636 CONGRESSIONAL RECORD — SENATE February 11, 1998 Federal Government continues its ef- facing the United States cannot be over- the United States if we make a decision that forts to block the efforts of the State looked. other countries view as economically or of California to build a low-level nu- The United States—like the rest of the in- technically unsound. France, Great Britain, dustrialized world—is aging rapidly as our Japan, and Russia all now have MOX fuel clear waste disposal facility at Ward birth rates decline. Between 1995 and the programs. Valley, CA. year 2030, the number of people in the United This failure to address an incorrect Today, joint programs with Russia States over age 65 will double from 34 million premise has harmed our efforts to deal with are underway to protect Russian fissile to 68 million. Just to maintain our standard spent nuclear fuel and the disposition of ex- materials and shift the activities of of living, we need dramatic increases in pro- cess weapons material, as well as our ability former Soviet weapons and their sci- ductivity as a larger fraction of our popu- to influence international reactor issues. entists into commercial projects. lation drops out of the workforce. I’ll cite another example of a bad decision. We regulate exposure to low levels of radi- These programs should be expanded, By 2030, 30 percent of the population of the industrialized nations will be over 60. The ation using a so-called ‘‘linear no-threshold’’ not reduced. The President suggests rest of the world—the countries that today model, the premise of which is that there is that some should be reduced. I believe are ‘‘under-industrialized’’—will have only 16 no ‘‘safe’’ level of exposure. they should be expanded. percent of their population over age 60 and Our model forces us to regulate radiation These and other issues will all ben- will be ready to boom. to levels approaching a few percent of nat- efit from a careful reexamination of As those nations build economies modeled ural background despite the fact that nat- past policies relating to nuclear tech- after ours, there will be intense competition ural background can vary by a factor of for the resources that underpin modern three just within the United States. nologies. While some may continue to On the other hand, many scientists think lament that the nuclear genie is out of economies. When it comes to energy, we have a seri- that living cells, after millions of years of the proverbial bottle, I am ready to ous, strategic problem. The United States exposure to naturally occurring radiation, focus on harnessing that genie as effec- currently consumer 25 percent of the world’s have adapted such that low levels of radi- tively and as fully as possible so that energy production. However, developing ation cause very little if any harm. In fact, our citizens may gain the largest pos- countries are on track to increase their en- there are some studies that suggest exactly the opposite is true—that low doses of radi- sible benefit from nuclear technologies. ergy consumption by 48 percent between 1992 and 2010. ation may even improve health. I have a more detailed statement The truth is important. We spend over $5 The United States currently produces and that analyzes these issues and others. I billion each year to clean contaminated DOE imports raw energy resources worth over $150 ask unanimous consent that it be sites to levels below 5 percent of background. billion per year. Approximately $50 billion of In this year’s Energy and Water Appropria- printed in the RECORD, not as if read, that is imported oil or natural gas. We then but merely as an adjunct to the speech tions Act, we initiated a ten year program to process that material into energy feedstocks understand how radiation affects genomes which I have just given. such as gasoline. Those feedstocks—the en- and cells so that we can really understand There being no objection, the mate- ergy we consume in our cars, factories, and how radiation affects living organisms. For rial was ordered to be printed in the electric plants—are worth $505 billion per the first time, we will develop radiation pro- RECORD, as follows: year. tection standards that are based on actual We debate defense policy every year, as we STATEMENT risk. should. But we don’t debate energy policy, (By Senator Pete V. Domenici) Let me cite another bad decision. You may even though it costs twice as much as our recall that earlier this year, Hudson Foods Over the last few months, I have been defense, other countries’ consumption is recalled 25 million pounds of beef, some of speaking out regularly on a wide range of growing dramatically, and energy shortages which was contaminated by E. Coli. The Ad- nuclear issues that confront our nation— are likely to be a prime driver of future mili- ministration proposed tougher penalties and issues that have not been carefully addressed tary challenges. mandatory recalls that cost millions. to optimize the positive impacts of these Even when we’ve discussed energy inde- But, E. Coli bacteria can be killed by irra- technologies and to minimize their associ- pendence in my quarter century of Senate diation and that irradiation has virtually no ated risks. service, we’ve largely ignored public debate effect on most foods. Nevertheless, irradia- As I began these statements, I noted that on nuclear policies. tion isn’t used much in this country, largely nuclear issues are not exactly the ones that At the same time, the anti-nuclear move- because of opposition from some consumer most of us focus on to hear cheers of public ment has conducted their campaign in a way groups that question its safety. support. Nuclear issues typically have been that has been tremendously appealing to But there is no scientific evidence of dan- relegated to back burners, or only to attacks mass media. Scientists, used to the peer-re- ger. In fact, when the decision is left up to that wildly inflate their risks. viewed ways of scientific discourse, were un- scientists, they opt for irradiation—the food Based on the strong encouragement I’ve re- prepared to counter. They lost the debate. that goes into space with our astronauts is ceived from people like Senator Nunn, John Serious discussion about the role of nu- irradiated. And if you’re interested in this Deutch, Allan Bromley, and Edward Teller, I clear energy in world stability, energy inde- subject, a recent issue of the MIT Tech- intend to continue to seek national dialogue pendence, and national security retreated nology Review details the advantages of irra- on a wide range of nuclear issues. In fact, I into academia or classified sessions. diated food. will invite each of my Senate Colleagues to Today, it is extraordinarily difficult to I’ve talked about bad past decisions that participate in a Nuclear Issues Caucus, fo- conduct a debate on nuclear issues. Usually, haunt us today. Now I want to talk about de- cused on issues ranging from nuclear power the only thing produced is nasty political cisions we need to make today. and waste to nuclear stockpile. My goal is fallout. The President has outlined a program to that out of this Caucus, and out of a rebirth My goal today is to share with you my per- stabilize the U.S. production of carbon diox- of critical thinking on the roles of nuclear spective on several aspects of our nuclear ide and other greenhouse gases at 1990 levels technology, we can craft policies that better policy. I am counting on you to join with me by some time between 2008 and 2012. Unfortu- meet the needs of the nation and better uti- to encourage a careful, scientifically based, nately, the President’s goals are not achiev- lize the power of nuclear technologies. re-examination of nuclear issues in the able without seriously impacting our econ- Strategic national issues are always hard United States. omy. to discuss. In no area has this been more evi- I am going to tell you that we made some Our national laboratories have studied the dent during these last few decades than in bad decisions in the past that we have to issue. Their report indicates that to get to development of public policy involving en- change. Then I will tell you about some deci- the President’s goals we would have to im- ergy, growth, and the role of nuclear tech- sions we need to make now. pose a $50/ton carbon tax. That would result nologies. First, we need to recognize that the prem- in an increase of 12.5 cents/gallon for gas and But as we leave the 20th Century, arguably ises underpinning some of our nuclear policy 1.5 cents/kilowatt-hour for electricity—al- the American Century, and head for a new decisions are wrong. In 1977, President Carter most a doubling of the current cost of coal or millennium, we truly need to confront these halted all U.S. efforts to reprocess spent nu- natural gas-generated electricity. strategic issues with careful logic and sound clear fuel and develop mixed-oxide fuel What the President should have said is science. (MOX) for our civilian reactors on the that we need nuclear energy to meet his We live in the dominant economic, mili- grounds that the plutonium was separated goal. After all, in 1996, nuclear power plants tary, and cultural entity in the world. Our during reprocessing. He feared that the sepa- prevented the emission of 147 million metric principles of government and economics are rated plutonium could be diverted and even- tons of carbon, 2.5 million tons of nitrogen increasingly becoming the principles of the tually transformed into bombs. He argued oxides, and 5 million tons of sulfur dioxide. world. that the United States should halt its re- Our electric utilities’ emissions of those There are no secrets to our success, and processing program as an example to other greenhouse gases were 25 percent lower than there is no guarantee that, in the coming countries in the hope that they would follow they would have been if fossil fuels had been century, we will be the principal beneficiary suit. used instead of nuclear energy. of the seeds we have sown. There is competi- The premise of the decision was wrong. Ironically, the technology we are relying tion in the world and serious strategic issues Other countries do not follow the example of on to achieve the benefits of nuclear energy

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S637 is over twenty years old. No new reactors States has left both countries with large in- materials back into new reactor fuel—this is have been ordered in this country for almost ventories of perfectly machined classified a system that integrates some processing a quarter of a century, due at least in part to components that could allow each country to with the final disposition. extensive regulation and endless construc- rapidly rebuild nuclear arsenals. When they get done, only a little material tion delays—plus our national failure to ad- Both countries should set a goal of con- goes into a repository—but now the half dress high level waste. verting those excess inventories into non- lives are changed so that it’s a hazard for We have created an environment for nu- weapon shapes as quickly as possible. The perhaps 300 years—a far cry from 100,000 clear energy in the United States wherein it more permanent those transformations and years. The industrial group believes that the isn’t viewed as a sound investment. We need the more verification that can accompany sale of electricity can go a long way toward absolute safety, that’s a given. But could we the conversion of that material, the better. offsetting the cost of the system, so this have that safety through approaches that Language in this year’s Energy and Water process might not add large costs to our don’t drive nuclear energy out of consider- Development Appropriations Legislation present repository solution. Furthermore, it ation for new plants? that I developed clearly sets out the impor- would dramatically reduce any real or per- The United States has developed the next tance of converting those shapes as part of ceived risks with our present path. This ap- generation of nuclear power plants—which an integrated plutonium disposition pro- proach, Accelerator Transmutation of Waste, have been certified by the NRC and are now gram. is an area I want to see investigated aggres- being sold overseas. They are even safer than Technical solutions exist. Pits can be sively. our current models. Better yet, we have transformed into non-weapons shapes and I still haven’t touched on all the issues em- technologies under development like pas- weapon material can be burned in reactors as bedded in maximizing our nation’s benefit sively safe reactors, lead-bismuth reactors, MOX fuel—which, by the way, is what the from nuclear technologies, and I can’t do and advanced liquid metal reactors that gen- National Academy of Sciences has rec- that without a much longer speech. erate less waste and are proliferation resist- ommended. However, the proposal to dispose For example, I haven’t discussed the in- ant. of weapons plutonium as MOX runs into that creasingly desperate need in the country for A recent report by Dr. John Holdren, done old premise that MOX is bad despite its wide- low level waste facilities like Ward Valley in at the President’s request, calls for a sharply spread use by our allies. California. In California, important medical enhanced national effort. It urges a ‘‘prop- I believe that MOX is the best technical so- and research procedures are at risk because erly focused R&D effort to see if the prob- lution. The economics of the MOX solution, the Administration continues to block the lems plaguing fission energy can be over- however, need further study. Ideally, incen- State government from fulfilling their re- come—economics, safety, waste, and pro- tives can be developed to speed Russian ma- sponsibilities to care for low level waste. liferation.’’ I have long urged the conclusion terials conversion while reducing the cost of And I haven’t touched on the tremendous of this report—that we dramatically increase the U.S. effort. We need an appropriate ap- window of opportunity that we now have in spending in these areas for reasons ranging proach for MOX to address its economic the former Soviet Union to expand programs from reactor safety to non-proliferation. challenges—perhaps something paralleling that protect nuclear material from moving I have not overlooked that nuclear waste the U.S.-Russian agreement on Highly En- onto the black market or to shift the activi- issues loom as a roadblock to increased nu- riched Uranium. ties of former Soviet weapons scientists onto clear utilization. I will return to that sub- I said earlier that I would not advocate in- commercial projects. Along with Senators ject. creased use of nuclear energy and ignore the Nunn and Lugar, I’ve led the charge for these For now, let me turn from nuclear power nuclear waste problem. The path we’ve been programs. Those are programs directly in to nuclear weapons issues. following on Yucca Mountain sure isn’t lead- our national interest. I know that some na- Our current stockpile is set by bilateral ing anywhere very fast. I’m about ready to tional leaders still think of these programs agreements with Russia. Bilateral agree- reexamine the whole premise for Yucca as foreign aid, I believe they are sadly mis- ments make sense if we are certain who our Mountain. taken. future nuclear adversaries will be and they We’re on a course to bury all our spent nu- We are realizing some of the benefits of nu- are useful to force a transparent build-down clear fuel, despite the fact that a spent nu- clear technologies today, but only a fraction by Russia. But our next nuclear adversary clear fuel rod still has 60–75% of its energy of what we could realize: may not be Russia—we do not want to find content—and despite the fact that Nevadans Nuclear weapons, for all their horror, ourselves limited by a treaty with Russia in need to be convinced that the material will brought to an end 50 years of world-wide a conflict with another entity. not create a hazard for over 100,000 years. wars in which 60 million people died. We need to decide what stockpile levels we Reprocessing, even limited reprocessing, Nuclear power is providing about 20% of really need for our own best interests to deal could help mitigate the potential hazards in our electricity needs now and many of our with any future adversary. a repository, and could help us recover the citizens enjoy healthier longer lives through For that reason, I suggest that, within the energy content of the spent fuel. Current ec- improved medical procedures that depend on limits imposed by START II, the United onomics may argue against reprocessing nuclear processes. States move away from further treaty im- based on present-day fuel prices, but now we But we aren’t tapping the full potential of posed limitations to what I call a ‘‘threat- seem to be stuck with that old decision to the nucleus for additional benefits. In the based stockpile.’’ never reprocess, quite independent of any process, we are short-changing our citizens. Based upon the threat I perceive right now, economic arguments. I hope in these remarks that I have dem- I think our stockpile could be reduced. We For Yucca Mountain, I propose we use in- onstrated my concern for careful reevalua- need to challenge our military planners to terim storage now, while we continue to ac- tion of many ill-conceived fears, policies and identify the minimum necessary stockpile tively advance toward the permanent reposi- decisions that have seriously constrained our size. tory. In addition to collecting the nation’s use of nuclear technologies. At the same time, as our stockpile is re- spent nuclear fuel in one well secured facil- My intention is to lead a new dialogue duced and we are precluded from testing, we ity, far from population centers, interim with serious discussion about the full range have to increase our confidence in the integ- storage also allows us to keep our options of nuclear technologies. I intend to provide rity of the remaining stockpile and our abil- open. national leadership to overcome barriers. ity to reconstitute if the threat changes. Those options might lead to attractive al- While some may continue to lament that Programs like science-based stockpile stew- ternatives to the current ideas for a perma- the nuclear genie is out of his proverbial bot- ardship must be nurtured and supported nent repository in the years before we seal tle, I’m ready to focus on harnessing that carefully. the repository. Incidentally, 65 Senators and genie as effectively and fully as possible, for As we seriously review stockpile size, we 307 Representatives agreed with the impor- the largest set of benefits for our citizens. should also consider stepping back from the tance of interim storage, but the Adminis- Mr. DOMENICI. Madam President, I nuclear cliff by de-alerting and carefully re- tration has only threatened to veto any such suggest the absence of a quorum. examining the necessity of the ground-based progress and has shown no willingness to dis- The PRESIDING OFFICER. The leg of the nuclear triad. cuss alternatives. Costs certainly aren’t the primary driver Let me highlight one attractive option. A clerk will call the roll. for our stockpile size, but if some of the ac- group from several of our largest companies, The assistant legislative clerk pro- tions I’ve discussed were taken, I’d bet that using technologies developed at three of our ceeded to call the roll. as a bonus we’d see some savings in the $30 national laboratories and from Russian insti- Mr. LEAHY. Madam President, I ask billion we spend each year on the nuclear tutes and their nuclear navy, discussed with unanimous consent that the order for triad. me an approach to use spent nuclear fuel for the quorum call be rescinded. Earlier I discussed the need to revisit some electrical generation. They use an accel- The PRESIDING OFFICER. Without incorrect premises that caused us to make erator, not a reactor, so there is never any objection, it is so ordered. bad decisions in the past. I said that one of critical assembly. Mr. LEAHY. Madam President, first, them, regarding reprocessing and MOX fuel, There is minimal processing, but carefully may hamstring our efforts to permanently done so that weapons-grade materials are I wish to thank my good friend from dismantle nuclear weapons. never separated or available for potential di- Indiana—I know he is about to speak— The dismantlement of tens of thousands of version. Further, this isn’t reprocessing in for allowing me to continue just for a nuclear weapons in Russia and the United the sense of repeatedly recirculating fissile very few minutes as though in morning

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S638 CONGRESSIONAL RECORD — SENATE February 11, 1998 business. And I ask unanimous consent court in Minnesota found the tobacco One of these advisors went so far as to for that purpose. industry improperly used the attorney- declare war on Judge Starr and the Of- The PRESIDING OFFICER. Without client privilege to hide thousands of in- fice of the Independent Counsel. objection, it is so ordered. dustry documents. Now these tactics bring to mind the f This stonewalling will stop and the old adage known to every trial lawyer American people will know all the in the country: When you have the HEALTHY KIDS ACT facts about the tobacco industry under facts, argue the facts; when you have Mr. LEAHY. Madam President, I am our bill. Second, our bill scraps the the law, argue the law; and when you proud to join the Vice President, Vice sweetheart deal of immunity for the have neither the facts nor the law, go President GORE, Senator CONRAD, and tobacco industry from punitive dam- after the prosecutor, go after the wit- other colleagues, in support of com- ages and class action lawsuits that was nesses, go after the accuser, attack prehensive tobacco control legislation. in the proposed national settlement. their credibility. I believe it is time for the Congress to Every day we learn more and more Yesterday in the Wall Street Journal join the President’s call to curb teen- about documents that reveal industry in an editorial entitled ‘‘Spinning age smoking. schemes to market their deadly prod- Starr,’’ the editors state: But I believe that as a U.S. Senator, uct to children and hide smoking-re- Events of recent days suggest that an anal- as a Vermonter, and as the ranking lated health research. ysis by Mr. Clinton’s legal team has con- member of the Senate Judiciary Com- Marketing cigarettes to 14 year-old cluded that their strongest strategy is not to mittee, that the HEALTHY Kids Act meet on the battlefield of facts and law, but children is outrageous. Is that the kind to conduct a political offensive against the improves the proposed national to- of conduct that we should reward with independent counsel and his staff. bacco settlement in two key areas— unprecedented legal protections? In the No matter what opposition they’ve encoun- this is what I am looking at in tobacco words of today’s 14 year-olds, ‘‘Get tered—Paula Jones, Linda Tripp, Kathleen settlements—that you have to have real.’’ Willey, Fred Thompson, Judge Royce full document disclosure and that there Under our bill, a state may resolve Lamberth—the Clinton side has always cho- can be no immunity for the tobacco in- its attorney general suit or take on the sen the same strategy of stonewalling, smash-mouth lawyering. dustry. tobacco industry in court, as Min- Madam President, for those of us who The reason I say this, Madam Presi- nesota is doing. It is up to the people of know Ken Starr and have watched and dent, is I have here a 1974 marketing that state, not a Washington knows appreciated his distinguished career, plan by RJR Tobacco. best approach. I am confident that the picture painted of this man by the In 1974 they were saying how they Vermont Attorney General William President’s people is virtually unrecog- have to target the 14-to-24 age group. Sorrell knows the facts in his lawsuit nizable. In 1974 they were saying how they had against big tobacco and will weigh the to put their ads together so that people The President’s people have asked us best interests of Vermonters in making to forget Kenneth Starr’s exemplary in the 14-to-24-year-old group could be the decision whether to opt-in to the targeted, could become cigarette smok- personal character, his service as the bill’s settlement provisions. Nation’s Solicitor General, and his ten- ers, could become addicted, and once I strongly believe that this com- ure in the United States Court of Ap- addicted would remain their customers prehensive tobacco control legislation peals for the District of Columbia. until they died. Of course, so many of puts the interests of our children ahead The President’s people have asked us them did die of lung cancer and other of the interests of the tobacco lobby. to forget the reputation he has gained tobacco-related diseases. I look forward to working with Presi- for fairness and balance and good judg- These documents became public al- dent Clinton, Vice President GORE, ment that he earned through working most a quarter of a century later only Senator CONRAD and my other col- with the Justice Department. because of the suits that are going on, leagues on both sides of the aisle to The President’s people have asked us only because of the forced disclosure. I enact it into law. to forget the unpopular chances he say whatever we do in tobacco legisla- I thank again my good friend from took in defending freedom of the press tion, make sure all documents have to Indiana. I yield the floor. and freedom of religion during his ten- be disclosed and make sure that there The PRESIDING OFFICER. The Sen- ure as a Federal judge. is no immunity to the tobacco indus- ator from Indiana. And most of all, the President’s peo- try. Mr. COATS. I ask unanimous consent ple have asked us to forget that Ken- I want to thank Senator CONRAD for to speak as in morning business. neth Starr has brought to the inde- working with me to craft legislative The PRESIDING OFFICER. Without pendent counsel’s office the cautious, language that calls for full disclosure objection, it is so ordered. deliberative mind of a judge and not of all tobacco industry documents re- f the zeal of a prosecutor. lating to the health effects of tobacco The President’s attack machine has INDEPENDENT COUNSEL products, the control of nicotine in to- left us not with a caricature of Ken bacco products and the marketing of Mr. COATS. Madam President, over Starr but with a smudge: Kenneth tobacco products. This disclosure to the past 3 weeks or so, Independent Starr, right-wing conspirator, partisan the FDA includes key documents that Counsel Ken Starr has been the subject prosecutor, Republican hack. the industry may claim as privileged. of a sustained attack by individuals Madam President, there is too much After internal review, the FDA has speaking on behalf of the President. hanging in the balance of this inves- the authority to publish these docu- Judging by some of these statements, tigation to permit these attacks on ments to further the interests of public it seems there is little that the Presi- Judge Starr’s character and reputation health. And these documents will be dent’s surrogates are unwilling to say to go unchallenged. The fact is that available on the Internet for every cit- about Judge Starr. The objective of even some of Kenneth Starr’s most izen to finally learn the full truth these comments seems clear—to under- committed ideological opponents have about the tobacco industry. mine public confidence in the very in earlier times painted a very dif- Contrary to its public relations legal processes designed to assure pub- ferent picture of the man who is now at ploys, the tobacco industry is still lic integrity in the White House. the receiving end of so much of the using stonewalling tactics to keep in- In an extraordinary televised inter- Clinton fury. dustry documents secret. Minnesota view, the First Lady accused the inde- Some of you may have heard of Wal- Attorney General Skip Humphrey has pendent counsel of being ‘‘politically ter Dellinger. He is a professor of law been prying loose documents that re- motivated’’ by an investigation of the at Duke University, a liberal democrat veal much about the past practices of Monica Lewinsky matter and part of a and the former head of the Office of tobacco corporations. But the tobacco ‘‘vast right-wing conspiracy’’ to bring Legal Counsel under Attorney General industry continues to abuse its attor- down the President. Other Presidential Janet Reno. When Kenneth Starr was ney-client privilege by trying to block advisors have also taken to the air- chosen as independent counsel, Pro- damaging documents from being pub- waves, attacking Kenneth Starr as a fessor Dellinger said, ‘‘I have known licly released. Again, yesterday, the ‘‘scumbag,’’ and ‘‘merchant of sleaze.’’ Ken

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S639 Starr since he was one of my students that there is a concerted attack on ministration time and time again when at Duke Law School and I have always Kenneth Starr, the court-appointed they are feeling pressure from an inves- known him to be a fair-minded per- independent counsel investigating sev- tigation or emerging scandal. son.’’ eral serious allegations against the It is unfortunate, but this adminis- An official with the American Civil Clinton administration. Some of those tration has been plagued by scandals Liberties Union said of Starr’s appoint- attacks were made today on the floor since prior to President Clinton’s elec- ment, ‘‘I’d rather have him investigate of the Senate. I believe a previous at- tion in 1992. It seems like there is a re- me than almost anyone I could think tack was made earlier in the week in petitive pattern of attacking whoever of.’’ the Senate. And I think Mrs. Clinton that scandal happens to be involved Alan Morrison, the cofounder of Pub- joined in the attack on Judge Starr. with—whether it was Gennifer Flowers, lic Citizen Litigation Group told Time So, there appears to be a concerted at- when she was attacked; Paula Jones, magazine last week that the idea of tempt by the President, his staff, his when she was attacked; the FBI, when Kenneth Starr as a right-wing avenger wife, and others to attack Kenneth investigating the FBI files matter. A is ‘‘not the Ken Starr I know.’’ Starr as the independent counsel. I just couple FBI people lost their jobs over When Democrats criticized Judge think that is inappropriate. that unfortunate incident. The travel Starr’s appointment as politically in- Just for the information of my col- office employees were attacked, when spired, five former presidents of the leagues, I have known Ken Starr. I un- Billy Dale was investigated. The Jus- American Bar Association refused to derstand that he clerked for the Su- tice Department was called in to inves- call for his resignation, citing their preme Court for Chief Justice Warren tigate Billy Dale. So time and time ‘‘Utmost confidence in his integrity Burger when he got out of law school. again, it seems like there is a pattern and his objectivity.’’ I got to know him when he was assist- that if there is a complaint, we all of a sudden start hearing negative stories. Just last week, Robert Bork, one of ant and chief of staff to Attorney Gen- When it became well known that FBI the sternest critics of the independent eral William French Smith during the Director Louis Freeh’s recommenda- counsel law, wrote that the Office of Reagan administration. That is the tion was that an independent counsel the Independent Counsel ‘‘requires but first time I got to know him. And I re- should be appointed to investigate pos- does not always get an independent member him when he served as Solic- sible campaign abuses by the Clinton counsel of moral strength and judicial itor General of the United States and administration, all of a sudden we start temperament. Kenneth Starr is just argued cases on behalf of the United hearing negative stories about Director such a prosecutor***He has con- States before the Supreme Court. I Freeh and the White House’s lack of ducted himself professionally and with- happened to sit in on one or two. In one confidence in his work. There was even out a credible hint of partisanship.’’ case that I remember in particular, he some speculation that he would be The worlds of Kenneth Starr and the did a very fine job. He represented the fired. Well, he could not be fired, he Clinton White House are completely United States very well. I don’t re- had a 10-year term. I think it is very different. The independent counsel has member anybody ever making any alle- unfortunate. a reputation for integrity and fairness. gations that he was a right-wing con- Mrs. Clinton was on television talk- He is temperate by nature and has been spirator at that time. ing about a ‘‘right-wing conspiracy,’’ criticized by his own staff as being de- He served as a judge on the D.C. Cir- and about all these groups spreading liberative to a fault. Kenneth Starr re- cuit Court of Appeals with Justices stories. I don’t think Ken Starr has gards justice not as a matter of win- Scalia and Ginsburg, and he served anything to do with any alleged right- ning or losing but as a search for the with distinction. I don’t remember wing conspiracy, nothing whatsoever. I truth. hearing one scintilla of negative com- don’t think he has ever had that strong Madam President, if there is ever a ments of his service there. of a political philosophy or involve- time when we need an impartial inde- He was chosen—and this is inter- ment with partisan issues. He has been pendent search for the truth, this is esting—by the Senate to review Sen- a judge, he has been working at the that time. A great deal does hang in ator Packwood’s diaries that dealt Justice Department and teaching law the balance. We have important deci- with a sex scandal in the Senate. That school. I just don’t think that’s the sions to make relative to foreign policy was a very sensitive issue and not an case. I certainly don’t think that the of this Nation and the domestic policy easy one. And probably not a job that President’s own personal secretary was of this Nation. It is important that we he had any interest in doing either. part of a right-wing conspiracy. So I be able to rest credibility and trust in But it shows that, yes, he handled that, am just bothered by that. the Office of the Presidency. It is im- and he handled it very professionally. I I think that we see a concerted effort portant that we elicit the facts and the think everyone in the Senate would by the administration to have a diver- truth relative to the allegations swirl- have to acknowledge that. sion. Certainly this latest scandal is se- ing around the President and the White Judge Starr has taught constitu- rious. There were allegations that were House at this particular time. tional law at New York University Law brought to Ken Starr’s attention, and I can think of no fairer minded nor School, a very prestigious law school. he took them to the Attorney General nonpartisan, capable individual than He was chosen by the three-judge court for authority to investigate. She gave a the current independent prosecutor, to take over as independent counsel recommendation to the three-judge Kenneth Starr, and I think it would be and replace Robert Fiske in his inves- court to expand his authority to inves- appropriate if all of us let him do his tigation of Whitewater and related tigate. Janet Reno recommended to the job. matters. He was chosen for this job by three-judge panel that these latest al- I yield the floor and I suggest the ab- the court. I don’t believe he cam- legations concerning the sex scandal be sence of a quorum. paigned for it. He was selected by a investigated. That is what Ken Starr is The PRESIDING OFFICER. The three-judge panel. doing. clerk will call the roll. So he worked for the Senate, he So I hope that my colleagues will The assistant legislative clerk pro- worked in the Attorney General’s of- tone down their rhetoric. I hope this ceeded to call. fice, in the Solicitor General’s office, administration will tone down the Mr. NICKLES. Madam President, I he served as a judge, and he taught—all rhetoric and quit attacking Ken Starr ask unanimous consent that the order of which he did with distinction. and maybe cooperate with the inves- for the quorum call be rescinded. So I really regret that many people tigation and let the facts be known. The PRESIDING OFFICER. Without in the administration, and now some of I hope that nothing happened. I hope objection, it is so ordered. our colleagues, are attacking Ken that there is nothing to this scandal. f Starr—impugning his motives, raising But I think the President should tell charges of conflict of interest, and so the truth. I think that the American ATTACKS ON KENNETH STARR on. I think that is really unfortunate. people are entitled to the truth and, Mr. NICKLES. Madam President, I I happen to also think it is intended hopefully, it will come out very short- rise today to make a couple of observa- as a diversion. I think it is a pattern ly. Then we can go on and do the Na- tions. One is that it is very apparent that we have seen followed by this ad- tion’s business—as the President has

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S640 CONGRESSIONAL RECORD — SENATE February 11, 1998 called for. But when there are allega- nomination. But first I would like to LEAHY, the ranking Democrat on the tions of perjury, or obstruction of jus- discuss the Judiciary Committee’s Judiciary Committee, for his coopera- tice, coaching witnesses, or trying to record with respect to the confirmation tive efforts this past year. In fact, I get people to leave town so maybe they of President Clinton’s judicial nomi- would like my colleagues to note that would not testify—these are serious nees. a portrait of Senator LEAHY will be un- charges. I might remind colleagues As chairman of the Senate Judiciary veiled this very evening in the Agri- that President Nixon was on the road Committee, one of the most important culture Committee hearing room. This to impeachment not because he broke duties I fulfill is in screening judicial is an honor that I believe my distin- into the Watergate, but because of nominees. Indeed, the Constitution guished colleague justly deserves for charges of perjury, tampering with a itself obligates the Senate to provide his efforts on that great committee. I witness and obstruction of justice. the President advice concerning his want Senator LEAHY to know that I So these are serious charges, but nominees, and to consent to their ulti- plan on attending that portrait unveil- they don’t need to be investigated on mate confirmation. Although some ing itself even though this debate is the floor of the Senate. It is possible have complained about the pace at taking place on the floor between 4 and that at some point the Senate will which the committee has moved on ju- 6 today. have a role; I don’t know. But I don’t dicial nominees, I note that it has un- It is in this spirit of cooperation and think it is proper or right to have this dertaken its duty in a deliberate and fairness that I will vote to confirm Ms. campaign of attack and smear on Ken serious fashion. Indeed, with respect to Morrow. Conducting a fair confirma- Starr. I think it undermines the judi- Ms. Morrow, there were concerns. Her tion process, however, does not mean cial process and really undermines answers to the committee were not en- granting the President carte blanche in those people who are making such tirely responsive. Rather than simply filling judicial vacancies. It means as- charges. Madam President, I hope that pushing the nomination forward, how- suring that those who are confirmed our colleagues and others will allow ever, I believed it was important for will uphold the Constitution and abide the independent counsel to do his the committee to ensure that its ques- by the rule of law. work. tions were properly answered. Thus, Based upon the committee’s review I suggest the absence of a quorum. the committee submitted written ques- of her record, I believe that the evi- The PRESIDING OFFICER. The tions for Ms. Morrow to clarify some of dence demonstrates that Margaret clerk will call the roll. her additional responses. And, having Morrow will be such a person. Ms. Mor- The assistant legislative clerk pro- reviewed Ms. Morrow’s answers to the row likely would not be my choice if I ceeded to call the roll. questions posed by the committee, I be- were sitting in the Oval Office. But the Mr. HATCH. Mr. President, I ask came satisfied that she would uphold President is sitting there, and he has unanimous consent that the order for the Constitution and abide by the rule seen fit to nominate her. the quorum call be rescinded. of law. She has the support of the Senators The PRESIDING OFFICER (Mr. In fact, we held two hearings in Mar- from California. And the review con- FAIRCLOTH). Without objection, it is so garet Morrow’s case, as I recall, and ducted by the Judiciary Committee ordered. the second hearing was, of course, to suggests that she understands the prop- er role of a judge in our Federal system f clarify some of these issues without which we might not have had Ms. Mor- and will abide by the rule of law. There EXECUTIVE SESSION row’s nomination up even to this day. is no doubt that Ms. Morrow is, in Thus, I think it fair to say that the terms of her professional experience committee has fairly and responsibly and abilities, qualified to serve as a NOMINATION OF MARGARET M. dealt with the President’s nominees. Federal district court judge. I think MORROW, OF CALIFORNIA, TO BE Indeed, the Judiciary Committee has the only question that may be plaguing U.S. DISTRICT JUDGE FOR THE already held a judicial confirmation some of my colleagues is whether she CENTRAL DISTRICT OF CALI- hearing, and has another planned for will abide by the rule of law. As I have FORNIA February 25. Thus, the committee will stated elsewhere, nominees who are or The PRESIDING OFFICER. Under have held two nomination hearings in who are likely to be judicial activists the previous order, the Senate will now the first month of the session. are not qualified to serve as Federal proceed to consider Executive Calendar I note that Judiciary Committee judges, and they should neither be No. 135, which the clerk will report. processed 47 of the President’s nomi- nominated nor confirmed. And I want The legislative clerk read the nomi- nees last session, including Ms. Mor- my colleagues to know that when such nation of Margaret M. Morrow, of Cali- row. Today there are more sitting individuals come before the Judiciary fornia, to be United States District judges than there were throughout vir- Committee I will vociferously oppose Judge for the Central District of Cali- tually all of the Reagan and Bush ad- them. In fact, many of the people that fornia. ministrations. Currently, there are 756 have been suggested by the administra- The PRESIDING OFFICER. Debate active Federal judges. In addition, tion have been stopped before they on the nomination is limited to 2 hours there are 432 senior Federal judges who have been sent up. And that is where equally divided and controlled by the must by law continue to hear cases. most of the battles occur, and that is Senator from Utah and the Senator Even in the ninth circuit, which has 10 where most of the work between the from Missouri. vacancies, only one judge has actually White House and myself really occurs. Mr. HATCH addressed the Chair. stopped hearing cases. The others have I have to compliment the White House The PRESIDING OFFICER. The Sen- taken senior status, and are still ac- in recognizing that some people that ator from Utah. tively participating in that court’s they wish they could have put on the Mr. HATCH. Mr. President, I rise work. I am saying that the other nine bench were not appropriate persons to today to support the nomination of judges have taken senior status. Those put on the bench because of their atti- Margaret Morrow to the Federal Dis- who have retired, or those who have tudes towards the rule of law pri- trict bench in California. taken senior status, are still hearing marily. Ms. Morrow enjoys broad bipartisan cases. The total pool of Federal judges While I initially had some concerns support, and it is no wonder. She grad- available to hear cases is 1,188, a near that Ms. Morrow might be an activist, uated magna cum laude from Bryn record number. I have concluded, based on all the in- Mawr College, and cum laude from the I have sought to steer the confirma- formation before the committee, that a Harvard Law School. She is presently a tion process in a way that kept it a fair compelling case cannot be made partner at Arnold and Porter in their and a principled one, and exercised against her. While it is often difficult Los Angeles office where she handles what I felt was the appropriate degree to tell whether a nominee’s words be- virtually all of that office’s appellate of deference to the President’s judicial fore confirmation will match that litigation. appointees. nominee’s deeds after confirmation, I I plan to outline in greater detail I would like to personally express my believe that this nominee in particular why I intend to support Ms. Morrow’s gratitude and compliments to Senator deserves the benefit of the doubt. And

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S641 all nominees deserve the benefit of the changes the bar should make and did She explained that ‘‘having passed an doubt, unless the contrary is substan- not advance the theme that courts initiative, the voters want to see it en- tial—or, should I say, less evidence to should be engines of social change. The acted. They view a court challenge to the contrary is substantial. In my committee found the nominee’s expla- its validity as interference with the view, there is not sufficient evidence to nation of the use of the quotation, public will.’’ demonstrate that Ms. Morrow will en- given its context, very plausible. In ad- For this reason, Ms. Morrow advo- gage in judicial activism. In fact, Ms. dition, the nominee went to some cated reforms to the California initia- Morrow has assured the committee lengths in her oral testimony and her tive process to take a final decision on that she will abide by the rule of law, written responses to the committee to ballot measures out of the hands of and will not substitute her preferences espouse a clearly restrained approach judges and to place it back into the for the dictates of the Constitution. to constitutional interpretation and hands of the people. If Ms. Morrow is a woman of her the rule of the courts. Frankly, much In supporting this nomination, I took word, and I believe she is, I am con- of what she has said under oath goes a into account a number of factors, in- fident that she will serve the country long way toward legitimized, very re- cluding Ms. Morrow’s testimony, her with distinction. strained jurisprudence that some of our accomplishments and her evident abil- I would like briefly to address some colleagues on the other side of the aisle ity as an attorney, as well as the fact of the questions raised by those who called out of the mainstream just a that she has received strong support, oppose Ms. Morrow’s nomination. Per- decade ago. bipartisan support from both Demo- haps the most troubling evidence of po- For example, she testified that she crats and Republicans. Republicans in- tential activism that Ms. Morrow’s would attempt to interpret the Con- cluded Ninth Circuit Judges Cynthia critics advance comes from several stitution ‘‘consistent with the intent of Hall, Steven Trott and Pamela Rymer, speeches she has given while president the drafters.’’ She later explained in Reagan-Bush appointees, as well as of the Los Angeles, CA, Bar Associa- more detail that judges should use the Rob Bonner, a respected conservative, tion. At the fourth annual Conference constitutional text ‘‘as a starting former Federal judge and head of the on Women in the Law, for example, Ms. point, and using that language and drug enforcement agency under Presi- Morrow gave a speech in which she whatever information there is respect- dent Bush. stated that ‘‘the law is almost by defi- ing the intent behind that language I know all of these people personally. nition on the cutting edge of social one ought to attempt then to decide They are all strong conservatives. thought. It is a vehicle through which the case consistent with that intent.’’ They are really decent people. They are we ease the transition from the rules She later testified that judges should as concerned as you or I or anybody which have always been to the rules not ‘‘by incremental changes ease the else about who we place on the Federal which are to be.’’ law from one arena to another in a pol- bench, and they are strongly in favor of Now, if Ms. Morrow was speaking icy sense.’’ And in written correspond- Margaret Morrow, as are many, many here about ‘‘the law’’ and ‘‘rules’’ in a ence with the committee, Ms. Morrow other Republicans. And they are not substantive sense, I would have no further elaborated on her constitu- just people who live within the district choice but to read these statements as tional jurisprudence by highlighting where she will be a judge. They are professing a belief in judicial activism. the case which in her view adopted the some eminent judges themselves. On that basis alone, I would likely proper methodology to constitutional I have a rough time seeing why any- have opposed her nomination. However, interpretation. body basically under all these cir- Ms. Morrow repeatedly and somewhat As she explained, in that case the cumstances would oppose this nominee. animatedly testified before the com- Court ‘‘looked first to the language of Each of those individuals I mentioned mittee that she was not speaking sub- the Constitution,’’ then ‘‘buttressed its and others, such as Richard Riordan, stantively of the law itself but, rather, reading’’ of the text by ‘‘looking to the the Republican mayor of Los Angeles, was referring to the legal profession language of other constitutional provi- have assured the committee that Ms. and the rules by which it governs sions.’’ And finally to ‘‘the intent of Morrow will not be a judicial activist. itself. those who drafted and ratified this lan- I hope they are correct. And at least on When the committee went back and guage as reflected in the Federalist Pa- this point I have seen little evidence in examined the context of Ms. Morrow’s pers, debates of the Constitutional the record that would suggest to me speech, it concluded that this expla- Convention and other writings of the that she would fail to abide by the rule nation was in keeping with the theme time.’’ of law once she achieves the bench and of her speech. Contrary to the claim that she con- practices on the bench and fulfills her In her inaugural address as president demns all voter initiatives, Ms. Morrow responsibility as a judge on the bench. of the State Bar of California on Octo- has actually sought to ensure that vot- In sum, I support this nominee and I ber 9, 1993, Ms. Morrow quoted then ers have meaningful ways of evaluating urge my colleagues to do the same. I Justice William Brennan, stating that such initiatives. am also pleased, with regard to these ‘‘Justice can only endure and flourish In a widely circulated article, Ms. judicial nominees, that no one on our if law and legal institutions are en- Morrow noted that the intensive adver- side has threatened to ever filibuster gines of change able to accommodate tising campaigns that surround citizen any of these judges, to my knowledge. evolving patterns of life and social initiatives often focus unfairly on the I think it is a travesty if we ever start interaction.’’ measure’s sponsor rather than the ini- getting into a game of filibustering Here again some were troubled that tiative’s substance. This made it hard, judges. I have to admit my colleagues Ms. Morrow seemed to be advocating she argued, for voters to make mean- on the other side attempted to do that judicial activism. Ms. Morrow, how- ingful choices and ‘‘renders ephemeral on a number of occasions the last num- ever, assured the committee that she any real hope of intelligent voting by a ber of years during the Reagan-Bush was not suggesting that courts them- majority.’’ years. They always backed off, but selves should be engines of change. In Read in its proper context, this state- maybe they did because they realized response to the committee she testified ment seized upon by Ms. Morrow’s crit- there were not the votes to invoke clo- as follows: ics was a statement concerning the ture. But I really think it is a travesty quality of information disseminated to The theme of that speech was that the if we treat this third branch of Govern- State Bar of California as an institution and the voters, not a comment on the vot- ment with such disregard that we fili- the legal profession had to change some of ers’ ability to make intelligent policy buster judges. the ways we did business. The quotation re- choices. Thus Ms. Morrow’s statement The only way I could ever see that garding engines of change had nothing to do is not particularly controversial but in happening is if a person is so abso- with changes in the rule of law or changes in fact highly respectful of the role voters lutely unqualified to sit on the bench constitutional interpretation. must play in our electoral system. In that the only way you could stop that Once again, the committee went back fact, Ms. Morrow argued that the person is to filibuster that nominee. and scrutinized Ms. Morrow’s speech courts should not be placed in a posi- Even then, I question whether that and found that its theme was in fact tion of policing the initiative process. should be done. We are dealing with a

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S642 CONGRESSIONAL RECORD — SENATE February 11, 1998 coequal branch of Government. We are they were President, but they are not ciation and a president of the Los An- dealing with some of the most impor- the President. And unless there is an geles County bar. tant nominations a President, whoever overwhelming case to be made against This is a nominee who is a partner in that President may be, will make. And a judge, I have a very difficult—and es- a prestigious law firm. This is a nomi- we are also dealing with good faith on pecially this one; there is not—I have nee who has the highest rating that both sides of the floor. to say that I think we do a great injus- lawyers can be given when they come I have to say, during some of the tice if we do not support this nomina- before our committee for approval as a Reagan and Bush years, I thought our tion. judge. This is a woman about whom colleagues on the other side were rep- So with that, I will yield the floor. letters were sent to me and to other rehensible in some of the things they How much time does the distin- Senators from some of the leading Re- did with regard to Reagan and Bush guished Senator need? publicans and some of the leading judges, but by and large the vast ma- Mrs. BOXER. About 10 minutes. Democrats in California and from oth- jority of them were put through with- Mr. HATCH. I yield 10 minutes to the ers whose background I know only be- out any real fuss or bother even though distinguished Senator from California. cause of their reputations, extraor- my colleagues on the other side, had If my colleague would prefer to con- dinary reputations. I have no idea what they been President, would not have trol the time on his side, I would be their politics are. But all of them, appointed very many of those judges. happy—should I yield to the Senator? whether they describe themselves as We have to show the same good faith Mrs. BOXER. I would prefer we yield conservatives, liberals, moderates or on our side, it seems to me. And unless to Senator LEAHY given his schedule. apolitical, all of them say what an ex- you have an overwhelming case, as Mr. HATCH. Let’s split the time. You traordinary woman she is. And I agree. may be the case in the nomination of control half the time, and I will control I have read all of the reports about Judge Massiah-Jackson, unless you half. You can make the determination, her. I have read all the things people have an overwhelming case, then cer- or if you would like—— said in her favor, and the things, oft- tainly I don’t see any reason for any- Mr. LEAHY. Mr. President, how times anonymous, said against her. I body filibustering judges. I hope that much time is there remaining? look at all those and I say of this we never get into that. Let’s make our The PRESIDING OFFICER. There woman: If I were a litigant, plaintiff or case if we have disagreement, and I are 36 minutes 30 seconds. defendant, government or defendant, have to say that some of my colleagues Mr. LEAHY. I wonder if I might yield no matter what side I was on, I could disagree with this nomination, and myself 5 minutes. look at this woman and say I am happy they do it legitimately, sincerely, and I The PRESIDING OFFICER. The to come into her court. I am happy to think with intelligence, but I think Chair recognizes the Senator from have my case heard by her—whether I they are wrong. And that is after hav- Vermont. am rich, poor, white, black, no matter ing been part of this process for 22 Mr. LEAHY. Mr. President, this real- what might be my background. I know years now and always trying to be fair, ly has been a long time coming, and I she would give a fair hearing. whoever is the President of the United appreciate the effort of my friend, the Now, finally, after 12 months on the States and whoever the nominees are. chairman, who is on the floor, to sup- Senate calendar without action over It is important because most of the port this nomination. I commend my the course of the last 3 years, I am glad fight has to occur behind the scenes. It good friend, the Senator from Cali- that the debate is beginning. I am also has to occur between honest people in fornia, Mrs. BOXER, who has been inde- glad we can now look forward to the the White House and honest people up fatigable in this effort. She has worked end of the ordeal for Margaret Morrow, here. And that’s where the battles are. and worked and worked. I believe she for her family, her friends and her sup- When they get this far, generally most has spoken to every single Senator, porters. of them should be approved. There are every single potential Senator, every Her supporters include the chairman some that we have problems with still single past Senator, certainly to all the of the Judiciary Committee and half in the Judiciary Committee, but that judges, and she has been at us over and the Republican members on that com- is our job to look at them. That is our over again to make sure that this day mittee. The Republican Mayor of Los job to look into their background. It is would come. She has worked with the Angeles, Richard Riordan, calls her our job to screen these candidates. Republican leader, the Democratic ‘‘an excellent addition to the Federal And, as you can see, in the case of leader, and Republican and Democratic bench.’’ All of these people have Massiah-Jackson we had these accusa- Senators alike. I appreciate all that praised her. tions but nobody was willing to stand she has done. We have all been aided by To reiterate, this day has been a long up and say them. I am not about to our colleague, Senator FEINSTEIN. She time coming. When this accomplished rely on unsubstantiated accusations by has spoken out strongly for Margaret lawyer was first nominated by the anybody. I will rely on the witness her- Morrow as a member of the Judiciary President of the United States to fill a self in that case. But we never quit in- Committee and as a Senator. vacancy on the District Court for the vestigating in the committee, and even I feel though, as Senator BOXER has Central District of California, none of though Massiah-Jackson was passed said, that none of us would have pre- us would have predicted that it would out of the committee, the investigation dicted that it would take 21 months to be more than 21 months before that continued and ultimately we find a get this nomination before the Senate. nomination was considered by the supernumber of people, very qualified I know that we would not even be here United States Senate. people, people in that area who have a now if the distinguished Senator from I thank the Majority Leader and the lot to do with law and justice are now Utah and the distinguished majority Chairman of the Judiciary Committee opposed to that nomination. We cannot leader had not made the commitment for fulfilling the commitment made ignore that. But that is the way the before we broke last fall to proceed to late last year to turn to this nomina- system works. We have had judges this nomination this week. tion before the February recess. Fair- withdraw after we have approved them I have spoken about this nomination ness to the people and litigants in the in the Judiciary Committee because so many times I have almost lost track Central District of California and to something has come up to disturb their of the number. I will not speak as long Margaret Morrow and her family de- nomination. as I would otherwise today because I mand no less. That is the way it should work. This want to yield to the Senator from Cali- I trust that those who credit local is not a numbers game. These are fornia. But I think people should know law enforcement and local prosecutors among the most important nomina- that for some time there was an unex- and local judges from time to time as tions that any President can make and plained hold on this outstanding nomi- it suits them will credit the views of that the Senate can ever work on. In nee. This is a nominee, incidentally, the many California judges and local the case of Margaret Morrow, I person- who was reported out of the Judiciary officials who have written to the Sen- ally have examined the whole record, Committee twice. This is a nominee ate over the last several months in sup- and, like I say, maybe people on our who is the first woman to be the presi- port of the confirmation of Margaret side would not have appointed her if dent of the California State Bar Asso- Morrow. I will cite just a few examples:

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S643 Los Angeles County Sheriff Sherman ing the longest, 12 were women and mi- By letter dated February 4, 1998, a Block; Orange County District Attor- nority nominees. I did not know, until number of organizations including the ney Michael R. Capizzi; former U.S. At- Senator KENNEDY’s statement to the Alliance for Justice, the Leadership torney and former head of the DEA Senate earlier this year, that judicial Conference on Civil Rights and wom- under President Bush, Robert C. Bon- nominees who are women are now four en’s lawyer associations from Cali- ner; former Reagan Assistant Attorney times as likely as men to take over a fornia likewise wrote urging confirma- General of the Criminal Division and year to confirm. tion of Margaret Morrow without fur- former Associate Attorney General and At the same time, I note that Sen- ther delay. I ask that a copy of that current Ninth Circuit Judge Stephen S. ator HATCH, who supports this nomina- letter be included in the RECORD at this Trott; and California Court of Appeals tion, included two women whose nomi- point. Associate Justice H. Walter Croskey. nations have been pending for more There being no objection, the letter I deeply regret that confirmation as than a year and one-half, at last week’s was ordered to be printed in the Judiciary Committee hearing. I also a Federal Judge is becoming more like RECORD, as follows: a political campaign for these nomi- note that the Senate did vote last month to confirm Judge Ann Aiken to FEBRUARY 4, 1998. nees. They are being required to gather Senator PATRICK LEAHY, letters of support and urge their the Oregon District Court. So one of Russell Senate Office Building, friends, colleagues and clients to sup- the four article III judges confirmed so Washington, DC. port their candidacy or risk being far this year was a woman nominee. DEAR SENATOR LEAHY: We write to express mischaracterized by those who do not Margaret Morrow has devoted her ca- our concern over a series of developments know them. reer to the law, to getting women in- that continue to unfold in the Senate that Margaret Morrow’s background, volved in the practice of law and to are undermining the judicial confirmation making lawyers more responsive and process. These include calls for the impeach- training, temperament, character and ment of judges, a slowdown in the pace of skills are beyond reproach. She is a responsible. Her good work in this re- gard should not be punished but com- confirmations, unjustified criticisms of cer- partner in the law firm of Arnold & tain nominees, and efforts to leave appellate Porter. She has practiced law for 24 mended. As part of those efforts Margaret vacancies unfilled. Some court observers years. A distinguished graduate of have opined that collectively these are the Morrow gave a speech at a Women in Bryn Mawr College and Harvard Law most serious efforts to curtail judicial inde- the Law Conference in April 1994. That School, Ms. Morrow was the first pendence since President Roosevelt’s plan to speech was later reprinted in a law re- woman President of the California pack the Supreme Court in 1937. view. Critics have seized upon a phrase State Bar Association and a former In the past year nominees who failed to or two from that speech, ripped them meet certain ultraconservative litmus tests president of the Los Angeles County out of context and contended that they have been labeled ‘‘judicial activists.’’ While Bar Association. She has had the show Margaret Morrow would be an un- these charges are unfounded, they nonethe- strong and unwavering support of Sen- principled judicial activist. They are less delay confirmations and leave judicial ator BOXER and Senator FEINSTEIN of wrong. Their argument was refuted by seats unfilled. We note that of the 14 individ- uals whose nominations have been pending California. Ms. Morrow in her testimony before In light of her qualifications, it was the longest, 12 are women or minorities. This the Judiciary Committee. disturbing pattern is in striking contrast to no surprise that in 1996 she was unani- This criticism merely demonstrates mously reported by the Senate Judici- those 14 judges who were confirmed in 1997 in the critics own indifference to the set- the shortest period of time, 11 of whom are ary Committee. In 1997 her nomination ting and context of the speech and its white men. For example, Margaret Morrow, was again reported favorably, this time meaning for women who have worked a judicial nominee to the United States Dis- by a vote of 13 to 5. so hard to achieve success in the legal trict Court for the Central District of Cali- Yet hers has been an arduous journey profession. Her speech was about how fornia, was nominated more than a year and to Senate consideration. She has been the bar is begrudgingly adjusting to a half ago. Not only is she an outstanding targeted—targeted by extremists out- women in the legal profession. How candidate, but her credentials have earned her enthusiastic and bipartisan endorse- side the Senate whose $1.4 million telling that critics would fasten on fundraising and lobbying campaign ments from leaders of the bar, judges, politi- that particular speech on women in the cians, and civic groups. against judges needed a victim. As our law and see it as something to criti- debate will show today, they chose the An honors graduate from Harvard Law cize. School, a civil litigator for more than 20 wrong woman. Margaret Morrow spoke then about years, winner of numerous legal awards, and Lest someone accuse us of gratu- ‘‘the struggles and successes’’ of the first female president of the California itously injecting gender into this de- women practices law and ‘‘the chal- Bar Association, Morrow has the breadth of bate, I note the following: Her critics lenges which continue to face us day to background and experience to make her an have gone so far as to deny her the day in the 1990s.’’ Margaret Morrow has excellent judge, and in the words of one of courtesy of referring to her as Ms. Mor- met every challenge. In the course of her sponsors, she would be ‘‘an exceptionally distinguished addition to the federal bench.’’ row. Instead, they went out of their this confirmation, she has been forced way repeatedly to refer to her as Morrow has also shown, through her numer- to run a gauntlet. She has endured ous pro bono activities, a demonstrated com- ‘‘Miss’’ in a Washington Times op ed. false charges and unfounded criticism. mitment to equal justice. As president of the Margaret Morrow is married to a dis- Her demeanor and dignity have never Los Angeles County Bar Association, she tinguished California State Court wavered. She has, again, been called created the Pro Bono Council, the first of its Judge and is the proud mother of a 10- upon to be a role model. kind in California. During her year as bar year-old son. It is bad enough that her The President of the Woman Lawyers president, the Council coordinated the provi- words are taken out of context, her Association of Los Angeles, the Presi- sion of 150,000 hours of previously untapped views misrepresented and her nomina- dent of the Women’s Legal Defense representation to indigent clients through- tion used as a ideological prop. She is Fund, the President of the Los Angeles out the county. Not surprisingly, the Amer- ican Bar Association’s judicial evaluation entitled to be treated with respect. County Bar Association, the President committee gave her its highest rating. Nor was this reference inadvertent. of the National Conference of Women’s Republicans and Democrats alike speak The first point of criticism in that Bar Association and other distin- highly of her accomplishments and qualifica- piece was her membership in California guished attorneys from the Los Ange- tions. Robert Bonner, a Reagan-appointed Women Lawyers, which is criticized for les area have all written the Senate in U.S. Attorney and U.S. District Judge for supporting parental leave legislation. support of the nomination of Margaret the Central District of California and head of Senator FEINSTEIN posed the question Morrow. They wrote that: ‘‘Margaret the Drug Enforcement Administration dur- whether Margaret Morrow was held to Morrow is widely respected by attor- ing the Bush Administration, has said Mor- a different standard than men nomi- neys, judges and community leaders of row is a ‘‘brilliant person with a first-rate nees. That is a question that has trou- legal mind who was nominated upon merit, both parties.’’ She ‘‘is exactly the kind not political affiliation.’’ Los Angeles Coun- bled me throughout this process. I was of person who should be appointed to ty Sheriff Sherman Block wrote that, ‘‘Mar- likewise concerned to see that of the 14 such a position and held up as an exam- garet Morrow is an extremely hard working nominees left pending at the end of last ple to young women across the coun- individual of impeccable character and in- year whose nominations had been pend- try.’’ I could not agree more. tegrity. . . . I have no doubt that she would

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S644 CONGRESSIONAL RECORD — SENATE February 11, 1998 be a distinguished addition to the Court.’’ Marin County Women Lawyers: Eileen HATCH together, and I say this from the Other supporters include local bar leaders; Barker, President. bottom of my heart, without the two of officials from both parties, including Los An- Mexican American Legal Defense & Edu- you looking fairly at this nomination, geles Mayor Richard Riordan; California cational Fund: Antonia Hernandez, Execu- this day would never have come. judges appointed by the state’s last three tive Director. governors; and three Republican-appointed Monterey County Women Lawyers: Karen To me it is, in a way, a moving mo- Ninth Circuit Court of Appeals judges, Pam- Kardushin, Affiliate Governor. ment. So often we stand on the floor ela Rymer, Cynthia Holcomb Hall, and Ste- NAACP: Hilary Shelton, Deputy Director, and we talk about delays and so on and phen Trott. Washington Office. so forth. But when you put the human Despite here outstanding record, Morrow National Bar Association: Randy K. Jones, face on this issue and you have a has become the target of a coordinated effort President. woman and her husband and her son by ultraconservative groups that seek to po- National Center for Youth Law: John F. and a law firm that was so excited O’Toole, Director. liticize the judiciary. They have subjected about this nominee, and you add to her to a campaign of misrepresentations, dis- National Conference of Women Bar Asso- tortions and attacks on her record, branding ciations: Phillis C. Solomon, President. that 2 years of twisting in the wind and her a ‘‘judicial activist.’’ According to her National Council of Senior Citizens: Steve not knowing whether this day would opponents, she deserves to be targeted be- Protulis, Executive Director. ever come, you have to say that today cause ‘‘she is a member of California Women National Employment Lawyers Associa- is a wonderful day. Lawyers,’’ an absurd charge given that this tion: Terisa E. Chaw, Executive Director. So, before my colleague leaves, I bipartisan organization is among the most National Gay & Lesbian Task Force: Re- wanted to say to him: Thank you for highly respected in the state. Another becca Issacs, Public Policy Director. National Lawyers Guild: Karen Jo Koonan, being there for Margaret Morrow and, ‘‘strike’’ against her is her concern, ex- frankly, all of the people of America. pressed in a sentence from a 1988 article, President. about special interest domination of the bal- National Legal Aid & Defender Associa- Because she will make an excellent lot initiative process in California. Her oppo- tion: Julie Clark, Executive Director. judge. nents view the statement as disdainful of National Organization for Women: Patricia Mr. LEAHY. Mr. President, I say to voter initiatives such as California’s term Ireland, President. my friend from California and to my limits law; however, they overlook the fact National Women’s Law Center: Marcia friend from Utah, I do appreciate their Greenberger and Nancy Duff Campbell, Co- that the article outlines a series of rec- help in this. I can assure you that, ommended reforms to preserve the process. presidents. Orange County Women Lawyers: Jean Ho- while my family and I will gather for It is a stretch to construe suggested reforms bart, President. the hanging of this portrait—I almost as evidence of ‘‘judicial activism,’’ but to People for the American Way Action Fund: blushed when you mentioned that is search for this members of the Judiciary Mike Lux, Senior Vice President. Committee unprecedentedly asked her to my reason for being off the floor—I can San Francisco Women Lawyers Alliance: disclose her personal positions on all 160 past assure you I will be back in plenty of Geraldine Rosen-Park, President. ballot propositions in California. time for the vote and I will have 210 Santa Barbara Women Lawyers: Renee Morrow’s confirmation has been delayed by Nordstrand, President. pounds of Vermonter standing in the the Senate beyond any reasonable bounds. Union of Needletrades, Industrial and Tex- well of the Senate to encourage every- Originally selected over nineteen months tile Employees: Ann Hoffman, Legislative body to vote the appropriate way. ago in May 1996, her nomination was unani- Director. Mrs. BOXER. I thank my colleague mously approved by the Judiciary Com- Women Lawyers Association of Los Ange- very much, Senator LEAHY. mittee that year, only to languish on the les: Greer C. Bosworth, President. The PRESIDING OFFICER. The Senate floor. Morrow was again nominated Women Lawyers of Alameda County: San- at the beginning of 1997, subjected to an un- Chair recognizes the Senator from dra Schweitzer, President. California. usual second hearing, and recommended Women Lawyers of Sacramento: Karen again by the Judiciary Committee, after Leaf, President. Mrs. BOXER. Mr. President, how which several Senators placed secret holds Women Lawyers of Santa Cruz: Lorie much time do I have remaining on this on her nomination, preventing a final vote Klein, President. side? on her confirmation. These holds, which pre- Women’s Legal Defense Fund: Judy The PRESIDING OFFICER. The Sen- vented a final vote on her confirmation dur- Lichtman, President. ator from California has 15 minutes. ing the 1st Session of the 105th Congress, Youth Law Center: Mark Soler, Executive The Senator from Utah has 30 minutes. where recently lifted. Director. As Senator Orrin Hatch repeatedly said: Mrs. BOXER. My understanding is I ‘‘playing politics with judges is unfair, and Mr. LEAHY. It is time. It is time to would have 15 minutes, then? I’m sick of it.’’ We agree with his sentiment. stop holding her hostage and help all The PRESIDING OFFICER. The Sen- Given Margaret Morrow’s impressive quali- Americans, and certainly those who ator is correct. fications, we urge you to bring the nomina- are within the district that this court Mrs. BOXER. I ask that the Presiding tion to the Senate floor, ensure that it re- will cover in California. It is time to Officer let me know when 10 minutes ceives prompt, full and fair consideration, help the cause of justice. It is time to has passed, and I will reserve 5 minutes and that a final vote on her nomination is improve the bench of the United in which to debate the Senator from scheduled as soon as possible. Sincerely, States. It is time to confirm this Missouri, because I know he is a tough Alliance for Justice: Nan Aron, President. woman. And it is time for the U.S. Sen- debater and I am going to need some American Jewish Congress: Phil Baum, Ex- ate to say we made a mistake in hold- time. ecutive Director. ing it up this long. Let us go forward. Mr. President, as I said, I am so very Americans for Democratic Action: Amy Mr. President, if the Senator from pleased that this day has come at long Isaacs, National Director. Utah has no objection, I would like last, that we will have an up-or-down Bazelon Center for Mental Health Law: now to yield, and yield control of what- vote on Margaret Morrow. I really Robert Bernstein, Executive Law. Brennan Center for Justice: E. Joshua ever time I might have, to the Senator think, standing here, perhaps the only Rosenkrantz, Executive Director. from California. people happier than I am right now are Black Women Lawyers Association of Los The PRESIDING OFFICER. The Sen- Margaret and her husband and her son Angeles: Eulanda Matthews, President. ator from California. and her law partners and the various California Women Lawyers: Grace E. Mrs. BOXER. I say to Senator LEAHY, citizens of California, Republicans and Emery, President. before he leaves the floor, and because Democrats, who worked together for Center for Law and Social Policy: Alan W. Hausman, Director. Senator HATCH in his absence explained this day. Chicago Committee for Civil Rights Under the wonderful tribute he is going to Margaret Morrow is the epitome of Law: Clyde E. Murphy, Executive Director. have shortly with his portrait being mainstream values and mainstream Disability Rights Education and Defense hung in the Agriculture room, and he America, and the depth and breadth of Fund, Patricia Wright, Coordinator Disabled himself said that he is so respectful of her support from prominent Repub- Fund. you and wants to show his respect so licans and Democrats illustrate that Families USA: Judy Waxman, Director of much that he is going to join you, so she is eminently qualified to sit as a Government Affairs. Lawyers Club of San Diego: Kathleen Juni- that will leave me here on the floor to Federal judge. I don’t think I could be per, Director. debate with the Senator from Mis- any more eloquent than Chairman Leadership Conference on Civil Rights: souri—before you leave the floor I HATCH and Ranking Member LEAHY, in Wade Henderson, Executive Director. wanted to say to you and to Senator putting forward her credentials.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S645 What I am going to do later is just came up here on one of the times that Ms. Morrow would be an excellent addition read from some of the many letters she was before the committee. to the Federal bench. She is dedicated to fol- that we got about Margaret, and then Over the years, Margaret has rep- lowing the law and applying it in a rational I, also, at that time, will have some resented a diverse group of business and objective fashion. letters printed in the RECORD. and Government clients, including Republican judges in the 9th Circuit, Again, I want to say to Senator some of the Nation’s largest and most Pamela Rymer and Cynthia Hall—they HATCH how his leadership has been ex- prominent companies. are both President Bush and President traordinary on this, and also I person- In the time I have remaining now, I Reagan’s appointees respectively—in a ally thank Majority Leader LOTT and want to quote from some very pres- letter to Senators HUTCHISON, COLLINS Democratic Leader DASCHLE for bring- tigious leaders from California, and and SNOWE, write: ing this to the floor and arranging for from the Senate, who have spoken out [We] urge your favorable action on the an agreement that this nominee be in behalf of Margaret Morrow. First we Morrow nomination because [we] believe brought to the floor. I thank my col- have Senator ORRIN HATCH. He spoke that she would be an exceptional federal league from Missouri for allowing an for Margaret himself, so I won’t go judge. up-or-down vote, for not launching a over that quote. Representative JAMES ROGAN, former filibuster on this matter. I think Chair- Robert Bonner, former U.S. attorney Republican Assembly majority leader man HATCH spoke of that eloquently, appointed by President Reagan, former in the California State Assembly, the and I am very pleased that we can have U.S. district court judge in the Central first Republican majority leader in al- this fair vote. District of California and former head most 30 years—actually he testified in I recommended Margaret Morrow to of the Drug Enforcement Administra- front of the Judiciary Committee and the President in September of 1995. She tion, appointed by President George said: was nominated by the President on Bush, he sent a letter to Senators When an individual asks me to make a rec- May 9, 1996. She received her first hear- BOND, D’AMATO, DOMENICI, SESSIONS ommendation for a judgeship, that is perhaps ing before the Judiciary Committee on and SPECTER. In it he says: the single most important thing I will study before making any recommendation . . . I am June 25, 1996, and was favorably re- The issue—the only real issue—is this: Is ported out unanimously by the com- absolutely convinced that . . . she would be Margaret Morrow likely to be an activist the type of judge who would follow the Con- mittee 2 days later. Because there was judge? My answer and the answer of other stitution and laws of the United States as no action, she was renominated again Californians who have unchallengeable Re- they were written. . . . [I]t is my belief . . . on January 7, 1997, and had her second publican credentials and who are and have that should she win approval from this com- hearing on March 18, 1997. This time been leaders of the bar and bench in Cali- mittee and from the full Senate, she would she was reported out favorably. This fornia, is an unqualified NO. . . . On a per- be a judge that we could all be proud of, both sonal note, I have known Margaret Morrow in California and throughout our land. time the vote was 13 to 5. for over twenty years. She was my former I want to make the point that there law partner. I can assure you that she will Mr. President, I ask unanimous con- is a personal side to this judicial nomi- not be a person who will act precipitously or sent to have printed in the RECORD a nation process. For nominees who are rashly in challenging the rule of law. list of people from all over California awaiting confirmation, their personal He continues: endorsing Margaret Morrow. and professional lives truly hang in the Based on her record, the collective knowl- There being no objection, the list was balance. Margaret Morrow, a 47-year- edge of so many Republicans of good reputa- ordered to be printed in the RECORD, as old mother and law partner has put her tion, and her commitment to the rule of law follows: and legal institutions, it is clear to me that life and her professional practice on REPUBLICAN SUPPORT FOR MARGARET M. Margaret will be a superb trial judge who hold while she waited for the Senate to MORROW vote on her nomination. Her whole will follow the law as articulated by the Con- stitution and legal precedent, and apply it to Robert C. Bonner, former U.S. Attorney family, particularly her husband and the facts before her. (appointed by President Reagan), former son, have waited patiently for this day. U.S. District Court Judge in the Central Dis- That is stress and that is strain, as you I think that this statement is quite trict of California and former Head of the wait for this decision which will so af- powerful. We have numbers of others as Drug Enforcement Administration (ap- fect your life and the life of your fam- well. In a letter to Senators ABRAHAM pointed by President Bush), Partner at Gib- ily and, of course, your career. and GORDON SMITH and PAT ROBERTS, son, Dunne and Crutcher in Los Angeles (2 Former Majority Leader Bob Dole Thomas Malcolm, who is chairman of letters). Governor Wilson’s Judicial Selection Thomas R. Malcolm, Chairman of Gov- spoke of this process himself when he ernor Wilson’s judicial selection committee once said, ‘‘We should not be holding Committee for Orange County and served on the Judicial Selection Com- for Orange County and previously served on people up. If we need a vote, vote them the judicial selection committees of Sen- down or vote them up, because the mittees of Senators Hayakawa, Wilson, ators Hayakawa, Wilson, and Seymour. nominees probably have plans to make and Seymour, wrote the following: Rep. James Rogan (R–27–CA), former As- and there are families involved.’’ I I have known Ms. Morrow for approxi- sembly Majority Leader, California State think Senator Dole said it straight mately 10 years. Over the years, she has con- Legislature, former gang murder prosecutor ahead. So I am really glad that stantly been the most outstanding leader our in the LA County District Attorney’s Office, California Bar Association has ever had the former Municipal Court Judge in California. Margaret’s day has come finally. privilege of her sitting as its President. . . . Pamela Rymer, Curcuit Court Judge, U.S. I do want to say to Margaret, thank Of the literally hundreds of nominations for Court of Appeals for the Ninth Circuit (2 let- you for hanging in there. Thank you appointment to the federal bench during my ters), appointed by President Bush. for not giving up. I well understand tenure on Senators Hayakawa, Wilson and Cynthia Holcomb Hall, Circuit Court that there were certain moments where Seymour’s Judicial Selection Committees, Judge, U.S. Court of Appeals for the Ninth you probably were tempted to do so. Ms. Morrow is by far one of the most impres- Circuit, appointed by President Reagan. There were days when you probably sive applicants I have ever seen. Lourdes Baird, District Court Judge, U.S. thought this day would never come. Mr. President, how much time do I District Court, Central District of California, have remaining—— appointed by President Bush. But you did hang in there, and you had H. Walter Croskey, Associate Justice, every reason to hang in there. The PRESIDING OFFICER. You have State of California Court of Appeal, Second This is a woman who graduated 71⁄2 minutes. Appellate District (2 letters), appointed by magna cum laude from Bryn Mawr Col- Mrs. BOXER. Remaining of my 10 Governor Deukmejian. lege and received her law degree from minutes? Richard J. Riordan, Major, City of Los An- Harvard, graduating cum laude, 23 The PRESIDING OFFICER. You have geles. years in private practice in business 3 minutes of your 10 minutes remain- Michael R. Capizzi, District Attorney, Or- and commercial litigation, a partner at ing. ange County. the prestigious law firm of Arnold and Mrs. BOXER. Thank you, Mr. Presi- Lod Cook, Chairman Emeritus, ARCO, Los Angeles. Porter. She is married to Judge Paul dent. In the 3 minutes remaining I am Clifford R. Anderson, Jr., supporter of the Boland of the Los Angeles Superior going to quote from some others. presidential campaigns for Presidents Nixon Court and has a 10-year-old son, Pat- Los Angeles Mayor, Richard Riordan, and Reagan, and former member of Governor rick Morrow Boland, who actually in a letter to Senator HATCH, said: Wilson’s judicial selection committee (when

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S646 CONGRESSIONAL RECORD — SENATE February 11, 1998 he was Senator) member of Governor Wil- Senate should be done in full view of yers in the ninth circuit, decide that son’s State judicial evaluation committee. the American people and that we the court is the best place to amend Sherman Block, Sheriff, County of Los An- should have the opportunity to discuss the Constitution? Does she think the geles. Roger W. Boren, Presiding Justice, State these issues, and then instead of having court is the best place to strike down of California Court of Appeal, Second Appel- these things voted on by unanimous the will of the people, to impose on the late District (2 letters), appointed by Gov- consent at the close of the business day people from the courts what could not ernor Wilson. with no record, I think it is important be generated by the representatives of Sheldon H. Sloan, former President of Los that we debate the nominee’s qualifica- the people in the legislature. Angeles County Bar Association. tions on the record. So, fundamentally, the question is Stephen Trott, Circuit Court Judge, U.S. I think it is important because the whether or not this candidate will re- Court of Appeals for the Ninth Circuit (2 let- judiciary is one-third of the Govern- spect the separation of powers, whether ters), appointed by President Reagan. Judith C. Chirlin, Judge, Superior Court of ment of the United States. The individ- this candidate will say the legislature Los Angeles County, appointed by Governor uals who populate the judiciary are is the place to make the law, and Deukmejian. lifetime appointments. whether she will recognize that courts Richard C. Neal, State of California Court The United States Constitution im- can only make decisions about the law. of Appeal, Second Appellate District, ap- poses a responsibility on the Senate to Will she acknowledge that the people pointed by Governors Deukmejian and Wil- be a quality screen, and it is the last have the right to make the law, too? son. screen before a person becomes a life- After all, that is what our Constitution Marvin R. Baxter, Associate Justice, time member of the judiciary. So we says, that all power and all authority Superme Court of California, appointed by need to do our best to make sure that Governor Deukmejian. is derived from the people, and they, Charles S. Vogel, Presiding Justice, State only high-quality individuals reach with their elected representatives, of California Court of Appeal, Second Appel- that level, individuals who have re- should have the opportunity to make late District, appointed by Governors spect for the Constitution, who appro- the law. Reagan and Wilson. priately understand that the role of the It is with these questions in mind Dale S. Fischer, Judge, Los Angeles Munic- courts is to decide disputes and not to that I look at some of the writings of ipal Court, appointed by Governor Wilson. expand the law or to somehow develop this candidate for a Federal judgeship, Richard D. Aldrich, Associate Justice, new constitutional rights. The legisla- and I come to the conclusion that she State of California Court of Appeal, Second Appellate District, appointed by Governors ture is the part of the body politic that believes that the court system and the Deukmejian and Wilson. is designed to make law. The courts are courts are the place where the law can Edward B. Huntington, Judge, Superior designed to settle disputes about the be made, especially if the people are Court of the State of California, San Diego, law. not smart enough or if the people appointed by Governor Wilson. It is against this background that I aren’t progressive enough or if the Con- Laurence H. Pretty, former President of am pleased to have the opportunity to stitution isn’t flexible enough. the Association of Business Trial Lawyers. debate the nomination of Margaret I can’t say for sure this is what would Mrs. BOXER. Mr. President, I want Morrow. happen. I have to be fair. I have to go to say to you again, I know you have Let me begin by saying that Ms. Mor- by what she has written. I will be at been very fair as I presented the case row is an outstanding lawyer. No one odds with the interpretation of some of to you, this is a woman that every sin- wants to challenge her credentials. No the things said by the committee gle Senator should be proud to support one believes that she is not a person of chairman. I respect the chairman, but I today. It is not a matter of political great intellect or a person of tremen- think that his interpretation of her party. This is a woman uniquely quali- dous experience. She is a person who writings is flawed. fied. I almost want to say, if Margaret has great capacity. It has been dem- In 1995, in a law review comment, Ms. Morrow cannot make it through, then, onstrated in her private life, her edu- Morrow seemed to endorse the practice my goodness, who could? I really think cational record and in her life of serv- of judicial activism, that is judge-made she brings those kinds of bipartisan ice as an officer of the California Bar law. She wrote: credentials. Association. For the law is, almost by definition, on the I reserve my 5 minutes and yield the The only reservations to be expressed cutting edge of social thought. It is a vehi- floor. about Ms. Morrow, and they are sub- cle— The PRESIDING OFFICER. Who stantial ones in my regard—they are Or a way— yields time? not about her talent, not about her ca- through which we ease the transition from The Senator from Missouri is recog- pacity, not about her integrity—they the rules which have always been to the nized. are about what her interpretation of rules which are to be. Mr. ASHCROFT. Mr. President, the role of a judge is; whether she She is saying that the law is the ve- thank you very much. I yield myself so thinks that the law as developed in the hicle, the thing that takes you from much time as I may consume, and I ask court system belongs on the cutting what was to what will be. I was a little that the Chair inform me when I have edge, whether she thinks that the law, puzzled when the committee chairman consumed 15 minutes. as developed in the court system, is an said that the committee found that she I thank you very much for allowing engine of social change and that the didn’t mean the substantive as ex- me to participate in this debate. It is courts should drive the Nation in a di- pressed in the courts and the like. Let appropriate that we bring to the floor rection of a different culture and a di- me just say I don’t believe the com- nominees who are well known to the rection of recognizing new rights that mittee made any such findings. I have committee for debate by the full Sen- weren’t recognized or placed in the checked with committee staff, and it is ate. I commend the chairman of the Constitution, and that needed to be in- just not the case that the committee committee for bringing this nomina- vented or developed or brought into ex- made findings. tion to the floor. I have no objection to istence by individuals who populate the It is true that a majority of the these nominations coming to the floor courts. That, I think, is the major members of the committee voted this and no objection to voting on these question we have before us. candidate to the floor, but the com- nominees. I only objected to this nomi- So let me just say again, this is an mittee didn’t make findings that this nee coming to the floor to be approved outstanding person of intellect, from was not a statement of judicial activ- by unanimous consent because I think everything I can understand a person ism. Frankly, I think it is a statement we deserve the opportunity to debate of great integrity, a person whose of judicial activism, despite the fact these nominees, to discuss them and to record of service is laudable and com- that Ms. Morrow told the committee have votes on them. mendable. The only question I have is, that she was not speaking about the So many people who are not familiar does she have the right view of the law in any substantive way, but rather with the process of the Senate may Constitution, the right view of what was referring to the legal profession think that when a Senator says that he courts are supposed to do, or will she and the rules governing the profession. wants to have a debate that he is try- be someone who goes to the bench and, The law, by definition, is on the cut- ing to delay. I believe the work of the unfortunately, like so many other law- ting edge of social thought? Social

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Ms. Morrow was the president of the arena, that is, when it comes to inter- If she meant that the legal profession California State bar in 1993 and 1994, preting the law and expanding the Con- is a vehicle through which we ease the one of the things for which she is to be stitution, she is very clear about her transition from the rules which always applauded. She was first woman elected disrespect for legislation enacted by have been to the rules which are to be, president of the bar. But according to the people. that doesn’t make sense. Clearly she is press reports, her first bar convention In 1988, she wrote an article and referring to something other than the as president was ‘‘marked by only one smugly criticized the ballot initiative legal profession or the rules of profes- big issue: gun control.’’ Even U.S. At- as used by the citizens of California. sional conduct. torney Janet Reno traveled all the way Here is what she wrote in that article: Some have suggested that because to the San Diego convention to exhort The fact that initiatives are presented to a Ms. Morrow initially made these re- attendees to work against Americans’ ‘‘legislature’’ of 20 million people renders marks at a 1994 Conference on Women ephemeral any real hope of intelligent vot- ‘‘love affair with guns.’’ ing by a majority. and the Law, that it is plausible that And although a 1990 U.S. Supreme What she is saying, in other words, is she was referring to the profession and Court decision prohibited the Cali- that whenever the people get involved, not to the substantive law. But I think fornia bar from using dues for political decisions will not be intelligent. She it is more likely that her statement re- activities and specifically listed advo- suggests that the courts are going to flects a belief that the law can and cacy of gun control legislation as an have to step in and do the right thing, should be used by those who interpret example, Ms. Morrow said the bar what they know to be better than what it to change social norms, inside and should consider the Court’s ruling, ‘‘as- the people have said, and take over. I outside of the legal profession. sess the risks, and then do what is think a lot of Americans would be con- Truly, that is a definition of activ- right.’’ So looking into the face of a Supreme cerned if the courts simply took over. ism, the ability of judges to impose on By the way, I noted there was a sub- Court decision of the United States, the culture those things which they stantial list of letters that were sent to Ms. Morrow said, ‘‘Yeah, we should fig- prefer rather than have the culture ini- the desk on behalf of individuals that ure out what we think is right and as- tiate through their elected representa- endorsed Ms. Morrow. tives those things which the culture sess the risks,’’ I suppose of getting I ask unanimous consent that the list prefers. caught and what the consequences assembled by the Judicial Selection Frankly, if it is a question of a few in would be, ‘‘and then just basically do Monitoring Project be printed in the what we think is right.’’ the judiciary defining what the values RECORD. It lists more than 180 different of the many are in the culture, I think I think if we are going to ask some- grassroots organizations, from the that is antidemocratic. I really believe one to undertake the responsibility of American Association for Small Prop- that the virtue of America is that the administering justice in the Federal ju- erty Ownership to the Independent many impose their will on the Govern- dicial system, we have to expect them Women’s Forum to the Women for Re- ment, not that the few in Government to accord the Constitution of the sponsible Legislation, that oppose this impose their will on the many. United States respect. We have to ex- nomination. Reasonable people can disagree on pect them to accord the rulings of the There being no objection, the list was the proper interpretation of Ms. Mor- Supreme Court of the United States re- ordered to be printed in the RECORD, as row’s statement. Others can argue spect, and to assess the risks and do follows: about whether or not hastening social what is right is not a philosophy. JUDICIAL SELECTION change is a proper role for judges in the Frankly, one does not need to assess MONITORING PROJECT, courts. But I think it is fair to con- the risks if one is going to do what is Washington, DC, October 29, 1997. clude that Ms. Morrow’s comments right. If you are going to do what is Hon. John Ashcroft, were an endorsement of judicial activ- right, there are no risks. Rather than U.S. Senate, ism. imply that the Court’s prohibition on Washington, DC. using bar dues for political purposes DEAR SENATOR ASHCROFT: We strongly op- In 1993, Ms. Morrow gave another pose the nomination of Margaret Morrow to speech that suggested approval of judi- may be somehow circumvented or dis- the U.S. District Court for one or more of the cial activism, quoting William Bren- regarded, Ms. Morrow could have stat- following reasons. nan, an evangelist of judicial activism. ed her clear intention to respect the First, her activities and writings reveal ag- Morrow stated: Court’s decision and to urge her mem- gressive advocacy of liberal political causes Justice can only endure and flourish if law bership to do the same. and the view that courts and the law can be and legal institutions are ‘‘engines of social Ms. Morrow not only has indicated used to effect political and social change. change’’ able to accommodate evolving pat- her willingness to use the law ‘‘on the This combination foretells liberals judicial activism on the bench. She wants bar asso- terns of life and social interaction in this cutting edge’’ and to use the law, the decade. ciation to take ‘‘a strong active voice’’ on legal profession and the courts to political issues and has written that the law She said these remarks were not an change the rules whereby people live is ‘‘on the cutting edge of social thought’’ endorsement of activism. She told the and to make law and not just interpret and ‘‘the vehicle through which we ease the Judiciary Committee the subject of the law or decide disputes, she has argued transition from the rules which have been to comments was, once again, not the law that when the people get involved in the rules which are to be.’’ She opposes any but the legal profession and the Cali- making the law, the result is dubious restrictions on blatantly political litigation fornia State Bar Association. by the Legal Services Corporation. and should be called into question and Second, as Senator Charles Grassley has To say that both law and legal insti- into doubt. said, Morrow’s ‘‘judgment and candor are tutions are engines of social change I The PRESIDING OFFICER. The Sen- under a great deal of question.’’ Morrow think begs the question of whether you ator has used 15 minutes. twice withheld nearly 40 articles, reports, are just talking about the State bar as- Mr. ASHCROFT. I allocate myself and speeches from the Senate Judiciary sociation. In this statement, Ms. Mor- such further time as I may consume in Committee, including those clearly reflect- row refers specifically to the law and making this next point. ing her activist approach to the law. She re- legal institutions. Ms. Morrow’s words Mr. President, Ms. Morrow’s sup- fused to answer Senators’ legitimate ques- were a call for activism to those who porters argue that her comments about tions following her hearing, and eventually judicial activism are taken out of con- provided answers that Senator Grassley administer the law. called ‘‘false and misleading.’’ Again, the committee chairman indi- text or misinterpreted, but I don’t be- Finally, and perhaps most important, cated that the committee found that lieve that they are. Her supporters will Americans now know what Morrow’s whole- she was referring to those things she have a harder time explaining away sale condemnation of direct democracy will

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She has Environmental Conservation Organization Pennsylvanians For Human Life written that ‘‘any real hope of intelligent Evergreen Freedom Foundation ‘‘Perspectives Talk Radio’’—Hosted by voting’’ by the people on ballot measures is Family Foundation (KY) (The) Brian Hyde (KDXU) only ‘‘ephemeral.’’ On October 8, the U.S. Family Foundation (VA) (The) Philadelphia Family Policy Council Court of Appeals in California implemented Family Friendly Libraries Pro-Life Action League that same view and swept aside an initiative Family Institute of Connecticut Public Interest Institute enacted by Californians because two judges Family Life Radio—Micky Grace (KFLT, Putting Liberty First thought the voters did not understand what Phoenix) ‘‘Radio Liberty’’ they were doing. It is clear that Morrow will Family Policy Center (MO) Religious Freedom Coalition be yet another judge more than willing to Family Research Council Resource Education Network substitute her own elitist judgments for the Family Research Institute of Wisconsin Resource Institute of Oklahoma will of the people. Family Taxpayer’s Network (IL) Right to Life of Greater Cincinnati, Inc. A nominee who believes the courts can be Family Taxpayers Foundation Safe Streets Alliance used to enact liberal political an social pol- First Principles, Inc. Save America’s Youth Seniors Coalition (The) icy, whose ‘‘judgment and candor are under a Focus on the Family Sixty (60) Plus Association great deal of question,’’ and who will under- Freedom Foundation (The) Frontiers of Freedom Small Business Survival Committee mine democracy has no place on the federal South Carolina Policy Education Founda- bench. Georgia Christian Coalition Georgia Sports Shooting Association tion Sincerely, South Dakota Family Policy Council Alabama Citizens for Truth Government Is Not God PAC Gun Owners of America ‘‘Stan Solomon Show’’ Alabama Family Alliance Strategic Policies Institute Gun Owners of South Carolina Alliance Defense Fund Take Back Arkansas, Inc. Heritage Caucus/Judicial Forum Alliance for American Talk USA Network Home School Legal Defense Association American Association of Christian Schools TEACH Michigan Education Fund Idaho Family Forum American Association for Small Property Texas Eagle Forum Ownership Illinois Citizens for Life Texas Public Policy Foundation American Center for Law and Justice—DC Illinois Family Institute Toward Tradition American Center for Law and Justice—Na- Impeach Federal Judge John T. Nixon Traditional Values Coalition tional Independence Institute U.S. Business and Industrial Council American Family Association Independent Women’s Forum Utah Coalition of Taxpayers American Family Association of KY Indiana Family Institute WallBuilders American Family Association of MI Individual Rights Foundation (Center for West Virginia Family Foundation American Family Association of MO Pop Cult) ‘‘What Washington Doesn’t Want You to American Family Association of NY Institute for Media Education (The) Know’’ Hosted by Jane Chastain American Family Association of TX Iowa Family Policy Center Wisconsin Information Network American Foundation (OH) ‘‘Janet Parshall’s America’’—WAVA FM Wisconsin State Sovereignty Coalition American Land Rights Association Judicial Selection Monitoring Project Women for Responsible Legislation Judicial Watch, Inc. American Policy Center Mr. ASHCROFT. I think the fact that American Pro-Constitutional Association Justice for Murder Victims American Rights Coalition Kansas Conservative Union these grassroots organizations oppose Americans for Choice in Education Kansas Eagle Forum this nomination reflects the fact that American for Decency Kansas Family Research Institute they distrust an individual who dis- Americans for Tax Reform Kansas Taxpayers Network trusts the people. Whenever you have California Coalition for Immigration Re- Landmark Legal Foundation someone moving into the Federal court form Law Enforcement Alliance of America system who expresses in advance the Lawyer’s Second Amendment Society, Inc. Catholic League for Religious and Civil fact that when people get involved in Rights League of American Families Center for Arizona Policy League of Catholic Voters (VA) government, it renders an intelligent Center for Individual Rights Legal Affairs Council result ephemeral or unlikely to take Center for New Black Leadership Liberty Counsel place, I think they have a right to be Christian Coalition Life Advocacy Alliance disconcerted and upset. Christian Coalition of California Life Coalition International She continued in her article: Life Decisions International Christian Coalition of IA Only a small minority of voters study their Christian Coalition of KS, Inc. Life Issues Institute, Inc. Madison Project (The) ballot pamphlet with any care, and only the Christian Exchange, Inc. minutest percentage takes time to read the Christian Home Educators of Kentucky ‘‘Mark Larson Show (The)’’—KPRZ San Diego proposed statutory language itself. Indeed, it Citizens Against Repressive Zoning seems too much to ask that they do, since Citizens Against Violent Crime Maryland Assoc. of Christian Schools Massachusetts Family Institute propositions are . . . difficult for a layperson Citizens for Better Government to understand. Citizens for Community Values Michigan Decency Action Council Citizens for Constitutional Property Michigan Family Forum Basically, this says that lawyers are Rights, Inc. ‘‘The Mike Farris Show’’ smart enough to understand these Citizens for Economically Responsible Minnesota Family Council things but ordinary people cannot and, Government Mississippi Family Council as a result, cannot make intelligent de- Citizens for Excellence in Education (TX) Morality Action Committee cisions. I have noted before that it is Nat’l Center for Constitutional Studies Citizens for Law & Order not a requirement to be a lawyer to be Citizens for Reform Nat’l Center for Public Policy Research Citizens for Responsible Government Nat’l Citizens Legal Network a Member of the Senate. Ordinary peo- Citizens United Nat’l Coalition for Protection of Children ple can run for the U.S. Senate. And Coalition Against Pornography & Families they do. You need only be 35 years old. Coalitions for America Nat’l Family Legal Foundation I have also noticed that, very fre- Colorado Coalition for Fair Competition Nat’l Institute of Family & Life Advocates quently, only a small minority of the Colorado for Family Values Nat’l Legal and Policy Center Senators have read, in the totality, the Colorado Term Limits Coalition Nat’l Legal Foundation (The) legislation which is before the Senate. Nat’l Parents’ Commission Concerned Women for America If you are going to say that laws are Concerned Women for America of Virginia Nat’l Rifle Association Legislative Action Committee NET-Political News Talk Network not effective and should not be re- Conservative Campaign Fund Nevada State Rifle & Pistol Association spected because they were not read Conservative Opportunity Society PAC New Hampshire Landowners Alliance thoroughly or not everybody who voted Constitutional Coalition New Hampshire Right to Life on them was a lawyer, that would be a Constituionalists Networking Center New Jersey Family Policy Council premise for disregarding any law Coral Ridge Ministries Northwest Legal Foundation passed in the United States. It would Council of Conservative Citizens Oklahoma Christian Coalition be a premise for saying that the laws of Defenders of Property Rights Oklahoma Family Policy Center Delaware Family Foundation Oklahomans for Children & Families the United States are not to be ac- Eagle Forum Organized Victims of Violent Crime corded deference by the courts. And Eagle Forum of Alabama Parents Rights Coalition sometimes I think that is the way the Eagle Forum, Inc. (FL) Pennsylvania Landowners Association courts look at them.

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They look at the laws that are en- Almost 41⁄2 years ago the Senate con- to be out there on the cutting edge, to acted by the Congress and they say, firmed, by unanimous consent, without be writing new laws, instead of decid- ‘‘Well, we’re going to have to expand a vote, Claudia Wilken to be a district ing controversies presented by applica- that. We’re going to have to change court judge in the Northern District of tion of old laws. that. They weren’t smart enough. The California. On the ninth circuit, no judge is re- representatives of the people weren’t She was asked about things like this versed more than judge Stephen smart enough. They didn’t know what before the Judiciary Committee. And Reinhardt, the renegade judge who in they were doing.’’ she stated, ‘‘A good judge applies the recent years has argued that the Con- Frankly, this distrust of democracy law, not her personal views, when she stitution protects an individual’s right is the kind of thing that provides the decides a case.’’ She said judges should to commit physician-assisted suicide. predicate for judicial activism where fashion broad, equitable relief ‘‘only Of course, he was reversed by the Su- individuals substitute their judgment where the Constitution or a statute’’ preme Court. He recently ruled that for the law of the Constitution, where requires. But she’s the judge who said school-administered drug tests for high courts substitute their preferences for that the term limits initiative passed school athletes violated the Constitu- the people’s will as expressed in the in California in 1990 was unconstitu- tion. His creation there of a new con- law. tional. Now, when the Federal Con- stitutional right again was reversed by This has been a particular problem stitution itself has term limits for the the U.S. Supreme Court. Finally, with the Ninth Circuit Court of Ap- President, you have to wonder if she is Reinhardt argued that farmers lack peals, which has been striking down not just trying to substitute her judg- standing to challenge the Endangered propositions approved by the voters of ment and displace the judgment of the Species Act because they have an eco- Californians right and left. people of California. nomic interest in doing so. This deci- Proposition 140. A three-judge panel Last April, Judge Wilken ruled that sion also was reversed by the Supreme affirmed a decision by Judge Wilkin, a the term limits initiative, which was Court. And just last week, Reinhardt Clinton appointee, to throw out term passed by the voters in the State, and reversed a lower court decision and limits for State legislators. The ninth approved by the California Supreme held employers are prevented by the circuit en banc reversed and upheld the Court—violated the Constitution. The Constitution from conducting genetic constitutionality of the initiative. new law, Judge Wilken held, was unfair tests as part of their employees’ rou- Here you have it. The people of Cali- to those voters who wanted to support tine physicals—another new constitu- fornia decide they want term limits, a candidate with legislative experience. tional right found by an activist judge. and you have a Federal judge who I wonder if maybe she had been reading Judge Reinhardt seems to share the thinks, ‘‘Well, they don’t know what the material of the nominee in this arguments made by Ms. Morrow in her they’re doing. They’re just people. case. I wonder if she really believed article about initiatives. To Reinhardt, They aren’t lawyers. They didn’t read that ‘‘The fact that initiatives are pre- the Constitution is not a charter to be this carefully enough,’’ and it is set sented to a ‘legislature’ of 20 million interpreted strictly; rather, it is an aside. That is the attitude we cannot people renders ephemeral any real hope outline for creative judges to fill in the afford to replicate there. of intelligent voting by a majority.’’ blanks. Proposition 209. Judge Henderson The ninth circuit court of appeals, I think judges who believe that the struck down this prohibition of race which covers California, is the circuit Constitution is written in pencil and and gender preferences. People of in which these questions arose. Unfor- who think that the Bill of Rights is America do not want quotas and pref- tunately, it is the most active circuit written in disappearing ink are judges erences. They want to operate based on judicially. I think we have to be very that are out of control. We have to be merit. So the people of California did careful when we are appointing individ- careful we don’t put more individuals what the people should do when they uals to courts within that circuit that on the bench who have a disregard for want something in the law, they en- we do not find ourselves reinforcing the separation of powers and who do acted it through the constitutional this judicially active mentality. not understand that what the people do method of passing an initiative. Let us just take a look at what kind under the authority of the Constitu- But the judge, Federal judge, think- of legal environment they are in out tion is valid and must be respected. ing himself to be superior in wisdom to there. I see my colleague from the State of the voters—maybe the judge had been In 1997, the Supreme Court reversed Alabama has arrived and is prepared, I reading the article by Ms. Morrow that an astounding 27 out of 28 ninth circuit believe, to make remarks in this re- said, ‘‘The fact that initiatives are pre- decisions. spect. I want to thank him for his out- sented to a ‘legislature’ of 20 million In 1996, it was 10 out of 12 decisions standing work on the Judiciary Com- people renders ephemeral any real hope that were reversed. mittee. He takes his work very seri- of intelligent voting by a majority’’— In 1995, it was 14 out of 17. ously. He is a champion of the Con- struck down that initiative. It is obvious that the ninth circuit is stitution of the United States. He un- Proposition 187. This law denying out of control, filled with individuals derstands that the people are the certain public benefits to illegal aliens who believe that the people are to be source of power. He understands well was declared unconstitutional by an- disregarded, that the intelligence re- that judges are very important. It is other judge. sides solely in the court system. important that we have intelligent Proposition 208 was recently blocked Frankly, I think that is a troublesome judges, capable judges; but also, judges in its enforcement by Judge Karlton. problem. that respect the fact that they have a Over and over again in California we Here is what one of the judges on the limited function of resolving disputes. have had this problem caused by judges ninth circuit said, expressing pride in And in so doing they are not to amend who basically think that the initia- the fact that the court was frequently the Constitution or extend the law but tives of the people are not due the re- reversed. Chief Judge Procter Hug said to rely upon the legislature or the peo- spect to be accorded to enactments of in a recent interview: ple to do that whenever is necessary. the law. And when judges place them- We’re on the cutting edge of a lot of cases. I yield to the Senator from Alabama selves above the people, when judges Does the phrase ‘‘cutting edge’’ re- 10 minutes in which to make his re- elevate their own views to a point mind you of anything? Another one of marks in opposition to this nominee. where they are saying that they have a those quotes from Ms. Morrow. The PRESIDING OFFICER (Mr. legislative capacity to say what ought We’re on the cutting edge of a lot of cases. ABRAHAM). The Senator from Alabama to be the law rather than to resolve If a ruling creates a lot of heat, that’s why is recognized. disputes about the law, I think that is we have life tenure. Mr. SESSIONS. I spent 15 years in when we get into trouble. I really believe that life tenure is my professional career as a Federal Now, many confirmation decisions supported by the need for independ- prosecutor prosecuting full-time before will require Senators to anticipate ence, but it is not to be a license to Federal judges. I have had the pleasure what will happen. We cannot really take over the legislative responsibility of practicing before some of the finest know for sure what is going to happen. of Government. It is not to be a license judges in America. It is a thrill to have

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S650 CONGRESSIONAL RECORD — SENATE February 11, 1998 that opportunity, to have the oppor- At the time of her hearing, I found the practice of law, but at the same tunity to represent the United States that Ms. Morrow’s suspicion of initia- time her approach to law, because that of America in court and to utilize our tives particularly troubling because of is what her language includes. It would Constitution, our laws and our stat- two recent California initiatives, Prop- suggest to me that this is, in fact, the utes, and the logic that God gives us osition 187 and Proposition 209, the language of a judicial activist. the ability to utilize, to analyze dif- California civil rights initiative, both In a 1983 speech, she also made com- ficult problems. of which have been blocked by activist ments that suggest approval of judicial Many of us can disagree, but I do rise Federal judges in California. In fact, activism. In this speech, she quoted today in opposition to the nomination the judges in the ninth circuit have in- Justice William Brennan, the evan- of Margaret Morrow to the U.S. Dis- validated voter initiatives on tenuous gelist of judicial activism, stating: trict Court bench for the Central Dis- grounds since the early 1980s. These de- Justice can only endure and flourish if the trict of California. This is not an easy cisions demonstrate the enormous law and legal institutions are ‘‘engines of decision. These are not pleasant tasks power that a single sitting Federal dis- change’’ able to accommodate evolving pat- for those of us on the Judiciary Com- trict judge possesses to subvert the will terns of life and social interaction in this mittee and in this Senate to decide to of the people. Morrow’s criticism of decade. vote against a Presidential nomina- citizen initiatives reveals an elitist Obviously, using the law as an ‘‘en- tion. But if we believe in that and we mindset characteristic of activist gine of change’’ is the very definition are concerned about that, our responsi- judges who use the judiciary to impose of judicial activism and is fundamen- bility as Members of this body calls on their personal values onto the law. tally incompatible with democratic us to do so. Unfortunately, recent events have government. By all accounts, she is a fine lawyer left me even more concerned about her Mr. President, it is a serious matter and a good person. However, her disdain for the people’s will as ex- when the people, through their con- writings and speeches which span over pressed in voter initiatives. Late last tract with the Government and their a decade indicate that she views the year, the ninth circuit effectively en- Constitution, set forth plain restraints Federal judiciary as a means to shrined Ms. Morrow’s view of initia- on the power of the law, when the peo- achieve a social or political end. tives into ninth circuit law. In an opin- ple, through their legislators in Cali- This nomination is all the more im- ion striking down yet another voter fornia, or through their Congress in portant when one considers that Ms. initiative, term limits for California Washington, pass statutes requiring Morrow’s home State of California has State legislatures, the ninth circuit things to be done one way or the other, repeatedly been victimized recently by held that Federal courts must scruti- and when a judge, if they do not re- liberal and undemocratic Federal nize voter initiatives more closely than spect that law, feels like he or she can judges. Moreover, judicial activism has ‘‘ordinary legislative lawmaking.’’ reinterpret or redefine the meaning of plagued her judicial circuit, the ninth This ‘‘extra scrutiny’’ is necessary, ac- words in those documents in such a circuit, like no other circuit in the cording to the ninth circuit Judge Ste- way that would allow them to impose country. phen Reinhardt and Betty Fletcher, be- their view of the proper outcome under Consider for a moment how big a cause initiatives are not the product of the circumstances. That makes them a problem judicial activism is on the committee hearings and because ‘‘the judicial activist. I submit that these ninth circuit. In 1997, last year, the Su- public also generally lacks legal or leg- writings from her past indicate that preme Court reversed 27 out of 28 deci- islative expertise.’’ In the end, the tendency. sions rendered by the ninth circuit. In ninth circuit invalidated the term lim- Also, in 1983, the nominee strongly 1996, the Supreme Court reversed 10 out its initiative not because term limits criticized the Reagan administration’s of 12 ninth circuit decisions. That pat- are unconstitutional—because I submit efforts to restrict the Legal Services tern has been going on for decades. As to you they plainly are not unconstitu- Corporation from filing certain cat- a Federal prosecutor in Alabama, when tional—but because the two Federal egories of lawsuits. As many of you criminal defense lawyers file briefs and judges did not think the voters fully know, the Legal Services Corporation cite law to argue their opinion or to understood what they were voting for. grantees—they receive money from the suppress evidence or matters of that The ninth circuit does not need any Government—have repeatedly filed kind, they most frequently cited ninth more reinforcements in its war on the partisan suits in Federal courts to circuit opinions because those were the initiative process. The people of Cali- achieve political aims. For example, most liberal in the country on criminal fornia are rightly jealous of their ini- the Legal Services Corporation has re- law. Frankly, they were not given tiative process. They are frustrated peatedly sued to block welfare reform much credit around the country. Most that judges go out of their way to efforts in the States. Issues of public judges in the United States recognize strike down the decisions they reach policy simply are not properly decided that this circuit too often was out of by direct plebiscite. We don’t need to by litigation. The use of public tax dol- step with the rest of the country. send them another judge, another lead- lars to promote an ideological agenda There are a number of factors that er on that court who would support the through the Federal courts is not ac- cause me to oppose the confirmation of anti-initiative effort. ceptable. Ms. Morrow. Chief among the factors is Ms. Morrow’s distaste for voter ini- Of course, support for the historic her skepticism, if not outright hos- tiatives is not the only troubling as- mission of the Legal Services Corpora- tility, toward voter initiatives. In a pect of her record. For example, in a tion—helping the poor with real legal 1988 article, Morrow criticized Califor- 1995 law review comment, she wrote problems —is not the issue. What both- nia’s initiative process. In this article, what can be interpreted clearly to me ers me is Ms. Morrow’s opposition to she stated, really condescendingly, as a blatant approval of judicial activ- President Reagan’s attempt to these words, ‘‘The fact that initiatives ism: depoliticize the Legal Services Cor- are presented to a ‘legislature’ of 20 For the law is, almost by definition, on the poration and to direct it’s attention million people renders ephemeral any cutting edge of social thought. It is a vehicle fundamentally to its goal of helping real hope of intelligent voting by a ma- through which we ease the transition from the poor. But we had a very serious de- jority.’’ I suggest that that indicates a the rules which have always been to the bate in America and I think, for the lack of respect for that process and the rules which are to be. most part, it has been won; for the jealously guarded privilege of Cali- I know she has suggested a view of most part, Legal Services Corporation fornia voters to enact legislation by di- that language that would indicate that has been restrained. There are still rect action of the people. she meant something like the practice problems ongoing, but I hope we have She further criticized the initiative of law, rather than the rule of law. But made progress, despite the very strong process with this statement: ‘‘The pub- that’s not what she said and, in fact, opposition of Ms. Morrow in her lic, by contrast, cast its votes for ini- maybe she meant it to apply to both writings. tiatives on the basis of 30- and 60-sec- circumstances. In fact, I think that’s So Ms. Morrow’s intelligence, aca- ond advertisements which ignore or ob- the most accurate interpretation of it. demic record, and professional achieve- scure the substance of the measure.’’ She may well have been talking about ments are not in question. However,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S651 her writings, published over the last award, awarded to a lawyer dedicated Just to highlight a few of Margaret decade, provide a direct look at her to improving the legal profession and Morrow’s many supporters: view of the law. That view, I must con- the administration of justice. Los Angeles Mayor Richard Riordan, clude, indicates that Ms. Morrow would In 1995, she received the Bernard E. Republican; be yet another undemocratic, activist Witkins Amicus Curiae Award, pre- Los Angeles County Sheriff Sherman Federal judge. sented by the California Judicial Coun- Block, Republican; One last point must be made. Unlike cil to non-jurists who have nonetheless Orange County District Attorney Mi- other judicial nominees, Ms. Morrow made significant contributions to the chael Capizzi, Republican; has not previously been a judge. Con- California court system. Former DEA Head, U.S. District sequently, she does not have a lengthy In 1994, the Women Lawyers Associa- Judge, and U.S. Attorney, Robert Bon- judicial record for the Senate to re- tion in Los Angeles recognized Ms. ner, who was appointed to those posi- view. In this situation, we must rely on Morrow as most distinguished woman tions by Presidents Bush and Reagan; her private writings and speeches to lawyer with the Ernestine Stalhut Cynthia Holcomb Hall and Stephen determine her judicial philosophy. This Award. Trott, Reagan appointees to the Ninth is not an easy or certain task. We must She received the 1994 President’s Circuit Court of Appeals; and the list make judgments as to what is relevant Award from the California Association goes on and on. and probative and what is not. In this of Court-Appointed Special Advocates Perhaps most telling is the rec- situation, I have made such an inquiry for her service on behalf of abused, ne- ommendation of H. Walter Croskey. and have decided to oppose the con- glected, and dependent children. Judge Croskey is a Governor firmation of this very able attorney. In 1990, the Legal Aid Foundation of Deukmejian appointee to the appellate The Senate must fulfill its advise and Los Angeles presented her with the court of the State of California, and a consent responsibilities to ensure that Maynard Toll Award for her significant self-described life-long conservative federal judges respect their constitu- contribution to legal services for the Republican. tional role to interpret the law. Con- poor. She is the only woman to date Judge Croskey is well-acquainted sequently, I urge you to oppose this who has received this award. with Margaret Morrow’s reputation in nomination. Margaret Morrow’s excellent legal the legal community, having observed I yield the floor. skills have been consistently recog- her over a period of 15 years, when she Mrs. FEINSTEIN. Mr. President, I nized: appeared before him in both trial and She was listed in the 1997–1998 edition rise in support of the confirmation of appellate courts, and worked profes- of The Best Lawyers in America. Margaret Morrow to the Federal Dis- sionally on numerous State and local In 1995 and 1996, the Los Angeles trict for the Central District of Cali- bar activities. Business Journal’s ‘‘Law Who’s Who,’’ fornia. Based on his observations, this con- listed her among the one hundred out- Her consideration by the United servative Republican appellate jurist standing Los Angeles business attor- States is long overdue: concluded: neys. Ms. Morrow’s nomination has twice In 1994, she was listed as one of the She is the most outstanding candidate for been reported out by the Senate Judici- appointment to the Federal trial court who top 20 lawyers in Los Angeles by Cali- has been put forward in my memory. ary Committee, on which I have the fornia Law Business, a publication of Margaret Morrow is, by any measure, honor to serve; the Los Angeles Daily Journal. Both times she has enjoyed the pub- Margaret Morrow has held leadership an unusually accomplished member in lic support of the Chairman of the Ju- positions in Federal, State and county her profession, and I believe that her diciary Committee, Senator ORRIN bar associations and other legal organi- qualifications will serve her well as a HATCH; zations. member of the Federal judiciary. Both times the American Bar Asso- She served as the first woman Presi- I urge the Senate to swiftly confirm ciation voted unanimously to give her dent of the State Bar of California, a her nomination. its highest rating, ‘‘well qualified.’’ position she held from 1993 to 1994. Mr. KENNEDY. Mr. President. I rise Yet for nearly two years, Ms. Mor- Prior to that, she served as the State in strong support of Margaret Morrow row’s nomination has languished in the Bar’s Vice-President. to the U.S. District Court in Los Ange- Senate. From 1988–89, she served as President les. She is well-qualified to serve as a By way of background, Ms. Morrow of the Los Angeles County Bar Associa- federal judge, and she has already been graduated from Harvard Law School, tion, creating the Pro Bono Council waiting far too long for the vote she cum laude, in 1974. Prior to that, she and the Committee on the Status of deserves on her nomination. graduated from Bryn Mawr College, Minorities in the Profession during her Margaret Morrow was nominated in magna cum laude, in 1971. term. the last Congress in May 1996. Partisan Since 1996, she has been a partner in As President of the Barristers’ Sec- politics prevented action on her nomi- the Los Angeles office of Arnold & Por- tion of the Los Angeles County Bar, nation before the 1996 election, but ter, one of the nation’s preeminent cor- she established a nationally recognized even that excuse can’t be used to jus- porate law firms. Domestic Violence Counseling Project tify the Senate’s failure to act on her Prior to 1996, she helped form the Los as well as an AIDS hospice program. nomination in all of 1997. Angeles law firm of Quinn, Kully & She directed the American Bar Asso- Margaret Morrow is a partner in a Morrow in 1987, where she chaired the ciation’s Young Lawyers’ Division and prestigious California law firm, and the firm’s Appellate Department. served on its Standing Committee for first woman to serve as the president of Prior to 1987, she practiced for 13 Legal Aid for Indigent Defendants. the California Bar Association. She is a years at the Los Angeles firm of She has served on the boards of a well-respected attorney and a role Kadison, Pfaelzer, Woodard, Quinn, & number of legal services programs, and model for women in the legal profes- Rossi, where she attained the rank of has been a member of several Advisory sion. partner and handled a wide range of Committees of the California Judicial Her nomination has wide support. commercial litigation in the federal Council. The National Association of Women and state courts. The true test of Margaret Morrow’s Judges calls her ‘‘an extraordinary The legal profession has recognized qualifications to serve on the federal candidate for the federal bench, a true Ms. Morrow’s quality of work, commit- bench is the long list of attorneys, professional, without a personal or po- ment to the profession, and dedication judges, law enforcement personnel, and litical agenda, who would be a trust- to the broader community with a host community leaders who actively sup- worthy public servant of the highest of awards. port her nomination. caliber.’’ The National Women’s Law Among the many legal awards Ms. Indeed, the list of Margaret Morrow’s Center calls her ‘‘a leader and a path Morrow has received are the following: supporters reads like a ‘‘Who’s Who’’ of blazer among women lawyers.’’ In 1997, she received the Shattuck- California Republicans and Bush, She also has the support of many Price Memorial Award, the Los Ange- Reagan, Deukmejian, and Wilson ap- prominent Republicans, because of her les County Bar Association’s highest pointees. impressive qualifications for the bench.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S652 CONGRESSIONAL RECORD — SENATE February 11, 1998 Representative JAMES ROGAN says that are still valid today, and it remains an im- ballot descriptions and their adver- ‘‘she would be the type of judge who portant aspect of our democratic form of tising campaigns ought to be better, would follow the Constitution and the government. more instructive, more clearly written. laws of the United States as they were Does this sound like someone who is The thrust of that now-controversial written.’’ Richard Riordan, the Repub- anti-democratic? No objective evalua- article was that lawyers should con- lican Mayor of Los Angeles has stated tion of the record can yield the conclu- tribute their skills better to draft the that the residents of Los Angeles sion that she is anti-initiative. No fair measures so that once adopted they are ‘‘would be extraordinarily well-served reading of her 1988 article even sug- clear and controlling, so that they are by her appointment.’’ Robert Bonner, gests that. not followed by court challenges during who headed the Drug Enforcement Ad- After the November 1988 elections in which courts are faced with difficult ministration under President Bush, California, she was writing in the after- conflicts over how to interpret and im- says that Morrow is ‘‘a brilliant person math of five competing and conflicting plement the will of the people. with a first-rate legal mind.’’ ballot measures on the most recent We know how hard it is to write laws I hope we can move ahead today her California ballot. They had been placed in a way that they are binding and nomination. But I also want to express there by competing industry groups, leave little room for misinterpretation. my concern over a related issue—the the insurance industry and lawyers With all the staff and legislative coun- excessive difficulty that women judi- each had their favorites, and each sels, and legal counsels and specially- cial nominees are having in obtaining group spent large sums of money on po- trained legislative drafters and Con- litical advertising campaigns to try to Senate action or their confirmation. gressional Research Service and hear- persuade voters to back their version An unacceptable double standard is ings and vetting and comments from of car insurance restructuring. It was being applied, and it is long past time Executive Branch departments and chaotic and confusing for commenta- it stopped. highly-skilled and experienced and tors and voters alike. highly-paid lobbyists, Congress has a In this Republican Congress, women Rather than throw up her hands, nominated to the federal courts are Margaret Morrow wrote in a bar maga- difficult time writing plain English and four times—four times—more likely zine as President of a local bar associa- passing clear law. Were it not for the than men to be held up by the Repub- tion that lawyers could contribute administrative agencies and supple- lican Senate for more than a year. their skills to make the process more mental regulatory processes even more Women nominees may eventually be easily understood by those voters par- of our work product would be the tar- approved by the Judiciary Committee. ticipation is limited to reading the bal- get of legal actions by those who lost But too often their nominations lan- lot measures and descriptions and vot- the legislative battle over each con- guish mysteriously, and no one will ing. tested point. take responsibility for secretly holding Her concerns were not unlike those For those who preach unfettered alle- up their nominations. of our colleague from Arizona, who pro- giance to initiatives, I commend their The distinguished majority leader claimed last year that when the voters rhetoric but note that it does not ad- has rightly noted that the process of of Arizona adopted a state ballot meas- vance us. The questions in most of the confirming judges is time-consuming. ure to allow medical use of marijuana, subsequent legal challenges to voter- The Senate should take care to ensure they had been duped and deceived. In- passed ballot measures are either what that only individuals acceptable to deed, Senator KYL criticized that bal- does it mean or was it passed fairly. both the President and the Senate are lot initiative passed by the voters of Both those questions are premised on confirmed. The President and the Sen- Arizona during the last election and an acceptance of the will of the voters. ate do not always agree. But there is said: ‘‘I believe most of them were de- For example, the first challenge to no reason the process should take ceived, and deliberately so, by the the California term limits initiative longer for women than it does for men. sponsors of this proposition.’’ was not that in Federal court that re- It is time to end the delays and dou- Senator KYL proceeded at a Decem- sulted in the split opinion by a panel of ble standards that have marred the ber 2, 1996 Judiciary Committee hear- the Ninth Circuit that is later re- Senate’s role in the Advice and Con- ing to focus on the official description versed. No, the earlier challenge was in sent process. I urge my colleagues to of the proposition on the Arizona bal- the state courts and reached the Cali- support the nomination of Margaret lot as misleading. His approach was fornia Supreme Court. The California Morrow and to vote for her confirma- similar to what the majority did on the Supreme Court was required to deter- tion. 9th Circuit panel that initially held the mine, what did the ballot measure say, Mr. LEAHY. Mr. President, Senator California term limits initiative un- was it written to be a lifetime ban or a ASHCROFT feels strongly about the va- constitutional, but that does not make limit on the number of consecutive lidity of citizen initiatives. So do I. So Senator KYL a ‘‘liberal judicial activ- terms that could be served. does Margaret Morrow. As she ex- ist.’’ That was not an easy question given plained to the Committee when she tes- I also recall complaints from con- the poor drafting of the measure and tified and reiterated in response to servative quarters when the people of the official materials that described it written questions, she fully respects Houston reaffirmed their commitment to the voters. Indeed, the California and honors voters choice. to affirmative action in a ballot meas- Attorney General, a conservative Re- Ms. Morrow has explained to the ure last fall. They complained that the publican, argued that the measure Committee that she is not anti-initia- voters in Houston had been deceived by meant only to be a limit on the number tive in spite of what some would have the wording of the ballot measure. of consecutive terms. After three levels us believe. In response to written ques- There have been problems with cit- of state court proceedings and months tions, she discussed an article she izen initiatives and the campaigns that and months and hundreds of thousands wrote in 1988 and explained, in perti- they engender. But that problem is not of dollars in legal fees the case was de- nent part: with Margaret Morrow or her commit- cided by a split decision of the Cali- My goal was not to eliminate the need for ment to honor the will of the voters. fornia Supreme Court. initiatives. Rather, I was proposing ways to The problem is that they are being uti- The Federal challenge to the statute strengthen the initiative process by making lized in ever increasing number to cir- followed on the alternative ground that it more efficient and less costly, so that it cumvent the legislature and the peo- the voters were not clearly informed could better serve the purpose for which it ple’s will as expressed through their what the measure meant. This is only was originally intended. At the same time, I democratically-elected representatives. important for those who cherish the was suggesting measures to increase the They are no longer the town meeting will of the voter and want to protect Legislature’s willingness to address issues of democracy that we enjoy in New Eng- concern to ordinary citizens regardless of the against voter fraud. views of special interests or campaign con- land but the glitzy, Madison Avenue, On citizen initiatives, Margaret Mor- tributors. I do not believe these goals are in- poll-driven campaigns of big money row has told the Committee: consistent. and special interest politics. I support citizen initiatives, and believe ....The reasons that led Governor John- Margaret Morrow was right when she they are an important aspect of our demo- son to create the initiative process in 1911 pointed out that these measures, their cratic form of government. . . .

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S653 I believe the citizen initiative process is Mindful of the strictures of law, Mar- We write to inform you that Ms. Morrow did clearly constitutional. I also recognize and garet Morrow appointed a special com- not advocate that the State Bar take a posi- support the doctrine established in case law mittee of the Board of Governors to re- tion on gun control, and that the association that initiative measures are presumptively in fact did not take a position on the issue constitutional, and strongly agree with [the] view the resolutions that had been rec- during the 1993–1994 Board year. statement that initiative measures that are ommended at the conference. Based on The assertion that Ms. Morrow vowed to constitutional and properly drafted should the recommendations of that com- push gun control appears to emanate from not be overturned or enjoined by the courts. mittee, the Board of Governors of the an article that appeared in the National Law Contrary to the impression some are California State Bar did not take a Journal concerning the 1993 State Bar An- seeking to create about her views, she stand on gun control and did not even nual Meeting. At that meeting, the Con- adopt the resolutions passed at the ference of Delegates, which is comprised of told the Committee: representatives of voluntary bar associations In passing on the legality of initiative State conference. throughout California, passed two resolu- measures, judges should apply the law, not This is hardly a basis on which to op- tions that called upon the State Bar to study substitute their personal opinion of matters pose this outstanding nominee. First, the possible revision of laws relating to fire- of public policy for the opinion of the elec- she was not involved in the efforts by arms, and propose and support measures to torate. some to push gun control resolutions protect judges, court personnel, lawyers, I am disappointed to see that some through the State Bar, following the lawyers’ staffs and lawyers’ clients from have sought to make the nomination of horrific killings in the San Francisco gun-related violence. These resolutions were Margaret Morrow into a vote about law offices a few months before. Sec- passed in the wake of a shooting incident at guns; it is not. During two years of a prominent San Francisco law firm that ond, she was not installed as the Presi- took the lives of several of the firm’s lawyers consideration by the Judiciary Com- dent of the State Bar until the end of mittee and through two sets of hear- and employees. the conference. Third, the actions she At the time the Conference resolutions ings and waves of written questions, no took as President were essentially to were passed, Ms. Morrow had not yet as- one even asked Ms. Morrow about guns. make sure the Board of Governors un- sumed the office of President. When asked Nonetheless, some who have sought derstood the law and the limits on how the Board of Governors would respond to to find a reason to oppose Ms. Morrow what they could do. the resolutions, she told the National Law have fastened upon a few phrases taken Journal that she would ‘‘discuss Keller stric- So, in spite of the emotional plea by out of context from a National Law tures with the Board,’’ and also that she be- victims and the desires of certain ac- Journal article from October 1993 that lieved the bar ‘‘should act more like a cli- tivists, the California State Bar did not discussed the 67th California State Bar ent,...that is, get legal advice, ‘assess the adopt gun control resolutions in 1994 conference. This meeting followed the risks and then do what is right.’ ’’ Ms. Mor- and did not act to use mandatory dues row’s reference to ‘‘Keller strictures’’ was a July 1993 killings in the San Francisco for political activities. Far from dem- reference to the United States Supreme offices of the law firm of Pettit & Mar- Court’s decision in Keller v. State Bar. That tin. onstrating that she would be a judicial activist or is anti-gun, these facts show case held that the bar could not use manda- The National Law Journal’s report tory lawyers’ dues to support political or notes that the representatives of the how constrained Margaret Morrow was ideological causes. local voluntary bars considered 100- in making sure the law was followed On its face, therefore, the National Law plus resolutions for referral to the and everyone’s rights were respected. Journal article does not support the asser- State Bar’s Board of Governors. The I grew up hunting and fishing in the tion that Ms. Morrow ‘‘vowed to push a gun fact missed by those who are seeking Vermont outdoors and I enjoy using control resolution’’ through the State Bar. firearms on the range. I believe in the Rather, it reports that she vowed to discuss to criticize this nominee is that the legal restrictions on the bar’s ability to act State Bar took no anti-gun action. rights of all Americans to use and enjoy firearms if they so desire. I voted on such a resolution with other members of The National Journal report noted the Board. that the widow of one of the victims against the Brady bill and other uncon- Ms. Morrow’s actions in the months that pleaded at a reception that the conven- stitutional anti-gun proposals. I have followed the Annual Meeting further dem- tion ‘‘take action on gun control.’’ no reason to think that Margaret Mor- onstrate that she followed the law as it re- What has gone unrecognized is that in row will judicially impose burdens on lates to this subject. Consistent with usual spite of the emotional rhetoric at the gun ownership. State Bar procedure, the resolutions passed conference, the California State Bar I urge others to review the facts. I by the conference of Delegates were consid- ered by the Board of Governors. Because of took no such action. Instead, mindful am confident that they will come to the same conclusion that I have with the legal issues involved, Ms. Morrow ap- of the legal constraints on bar associa- pointed a special committee of the Board to tions and the United States Supreme respect to the nomination of Margaret review the resolutions and recommend a po- Court decision in Keller v. State Bar, Morrow and the lack of any basis to sition to the full Board. Based on the com- the conference scaled back anti-gun conclude that she is anti-gun. mittee’s recommendation, the Board did not resolutions. A resolution calling for a I ask unanimous consent that a Jan- adopt the resolutions passed by the Con- ban on semiautomatic handguns from uary 15, 1998 letter to Senator BOXER ference. Rather, it adopted a neutral resolu- the San Francisco delegation was re- signed by 11 members of the Board of tion that called on lawyers to ‘‘participate in worded as a safety measure for judges, Governors of the California State Bar the public dialogue on violence and its im- pact on the administration of justice,’’ and other court personnel and lawyers. A that year be printed in the RECORD. There being no objection, the letter suggested that the State Bar sponsor ‘‘neu- resolution from the Santa Clara dele- tral forums on violence and its impact on the gation was turned into a mere call for was ordered to be printed in the administration of justice.’’ The even-handed a study. RECORD, as follows: tone of the resolution was due, in large part, The Chairwoman of the conference JANUARY 15, 1998. to the belief of Ms. Morrow and others that was not Margaret Morrow but Pauline Re Margaret M. Morrow: Judicial nominee the Board should not violate Keller’s spirit Weaver of Oakland. Margaret Morrow for the Central District of California. or holding. Stated differently, Ms. Morrow was not installed as the new President Hon. BARBARA BOXER, and the Board followed the law, and avoided of the California State Bar until the U.S. Senate, Washington, DC. taking a stand in favor of or against gun DEAR SENATOR BOXER: We write concerning control. end. the nomination of Margaret M. Morrow to We hope these comments help set the Ms. Morrow told the National Law the United States District Court for the Cen- record straight with respect to Ms. Morrow’s Journal that the bar should act like a tral District of California. It has recently actions as President of the State Bar. client and do what is right by following come to our attention that various individ- Very truly yours, the legal advice of its lawyers. That is uals and/or groups have charged that Ms. Michael W. Case, what the California State Bar did Morrow ‘‘vowed to push a gun control resolu- Maurice L. Evans, under Margaret Morrow. In fact, and tion’’ through the State Bar of California Donald R. Fischbach, this is the key fact missed by those during the year she served as President of Edward B. Huntington, who seek to criticize Ms. Morrow, the that association. Richard J. Mathias, Each of us was a member of the State Bar James E. Towery, California State Bar followed the law Board of Governors during Ms. Morrow’s Glenda Veasey, as declared by the United States Su- year as President. We represent a broad spec- Hartley T. Hansen, preme Court and did not take action on trum of political views. We are Republicans John H. McGuckin, Jr., gun control. and Democrats, liberals and conservatives. Jay J. Plotkin, and

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S654 CONGRESSIONAL RECORD — SENATE February 11, 1998 Susan J. Troy. mental written questions to the nomi- Stripped of the rhetoric and hyper- Mr. LEAHY. Mr. President, I note nee on April 21, he acknowledged that bole, there is simply no basis to con- that Senators ASHCROFT and SESSIONS 160 initiatives have been on the ballot tend that this nominee mislead the have not challenged Ms. Morrow’s in California in the last 10 years and he Committee by her answer. This is no truthfulness before the Committee. At disavowed any interest whether or not basis to question her candor. Any pur- their press conference last fall an- the nominee voted on the initiatives ported ‘‘major misstatement of fact’’ is nouncing their opposition to her nomi- but asked for ‘‘comment’’ on a list of not that of this nominee but would be nation, they were careful to avoid such initiatives. of those who accuse her of a lack of personal attacks. Instead, they based Some have come to contend that the honesty or candor. their conclusions on her writings. I dis- portion of the answer about public sup- No fair and objective evaluation of agree with them and agree with those port or opposition to initiatives was the record can yield the conclusion who read those writings in context. ‘‘intentionally or unintentionally’’ not that she is anti-initiative. No fair read- That is a disagreement, we draw dif- truthful information. Their supposed ing of her statements suggests a basis ferent conclusions from the same ‘‘smoking gun’’ is a November 1988 ar- for any such assertion. words. That is understandable. ticle in the Los Angeles Lawyer maga- Mr. GRASSLEY addressed the Chair. What I do not understand is how any- zine. What this contention about dis- The PRESIDING OFFICER. The Sen- one can continue to repeat the claim honesty ignores is that the nominee ator from Iowa is recognized. that Ms. Morrow was not truthful with had previously furnished the Com- Mr. GRASSLEY. The Senator from the Committee. She was required to mittee with the November 1988 article Missouri said I could yield myself 10 answer more litmus test questions and and that article had been inquired minutes. was more forthcoming than any nomi- about at the March 18 hearing and in The PRESIDING OFFICER. Without nee I can remember. the follow up written questions. In objection, it is so ordered. Some have made the confirmation fact, the written questions that in- Mr. GRASSLEY. Mr. President, I process into an adversary process. Ms. cluded the ones at issue contained would like to make a few comments re- Morrow is not paranoid; someone has quotes from the article and questions garding the nomination of Margaret been out to get her. specifically about it. Thus, no one can Morrow. In this difficult context, in which the seriously contend that this article was Some of my colleagues on the other Morrow nomination was targeted by unknown to the Committee or that the side have attempted to argue that Ms. forces opposing the filling of judicial nominee had failed to disclose it. Morrow has been treated unfairly. This vacancies, charges against Ms. Mor- Equally important, and the reason I unsubstantiated argument is based row’s integrity and character remain suspect that the nominee did not refer partly on the questions she was asked out of line and unfounded. Unfortu- to the article in her written response in the Judiciary Committee. However, nately, I have heard repeated over the to the questions in issue, was that the all that some of us were trying to last day the charge that Ms. Morrow article was not relevant to these par- achieve in asking those questions was provided a false answer to a written ticular questions. Preceding questions to attempt to understand what Ms. question propounded at the Committee. had inquired about the meaning of the Morrow’s views were on a number of That is incorrect. article. The questions in issue ask important issues to the American peo- While I will not take the Senate’s about support or opposition for initia- ple. In particular, we’ve had a number time to refute all of the unfounded ar- tives and appear to inquire about such of Federal judges overturn popular ini- guments that have been used in opposi- support or opposition for initiatives in tiatives, in direct conflict with voters’ tion to this nomination, I do want to the course of their being considered by decisions. The last thing we need is an- clear up the record on this. This is a voters in California. other Federal judge that will defy what matter of honor and honesty. I do not By contrast, the article concerned the voters have decided. Ms. Morrow want the record left unchallenged measures that had already been acted has spoken against citizen initiatives should her son, Patrick, come to read upon by the voters of California, in- and has publicly opposed specific ballot it someday. cluding one that had been considered initiatives. So, we believed it was im- The written questions propounded two years previously. They were not portant to understand better what kind long after the Committee deadline fol- support for or opposition to these ini- of a judge she might be. lowing the March 18, 1997 hearing in- tiatives, as the nominee, or, for that Now, we’ve heard Margaret Morrow cluded the following: ‘‘Are there any matter as I, understood those ques- was reported out of the Judiciary Com- initiatives in California in the last dec- tions. They were commentary after the mittee in the last Congress without a ade which you have supported? If so, fact by way of comment upon the grow- problem. So, why is there a problem why? Are there any initiatives in Cali- ing resort to initiatives in California now? Well, I think to our credit, we on fornia in the last decade you have op- and ways lawyers might help to im- this side tried to give the President a posed? If so, why?″ prove the initiative process and the great deal of deference regarding his On April 4, the nominee responded in drafting and consideration of initia- nominees. But, as Senator HATCH and writing noting: tives as well as a call for the State leg- others have pointed out, the President I have not publicly supported or opposed islature to function more efficiently. has appointed a number of judges who any initiative measure in the past decade, Indeed, when the author of those have taken it upon themselves to try with one exception.’’ The nominee proceeded questions received the initial answer, to make the law, and have angered the in her answer to describe her participation he did not question that it was un- public in doing so. This record now de- as a member of the Los Angeles County Bar Association Board of Trustees in a unani- truthful or feign ignorance of the No- mands the kind of scrutiny Senator mous vote authorizing the Association to op- vember 1988 article. Instead, when he LEAHY advocated, which has been ab- pose a measure sponsored by Lyndon revised and resubmitted supplemental sent until the last couple of years or LaRouche concerning AIDS, a measure that questions he prefaced his revised ques- so. I’ve received a great deal of letters was also opposed by Governor Deukmejian tion by noting that he was aware of the from my State asking me to do a bet- and many others. nominee’s ‘‘public comments regarding ter job of scrutinizing nominees. I raised objection to these questions citizen initiatives.’’ Of course, after getting used to us at a meeting of the Committee on April Thus, no one can fairly believe that rubber-stamping nominees, I’m sure 17 because I saw them as asking how this nominee’s answer was incomplete it’s been quite a shock to see Repub- Ms. Morrow voted on the more than 150 or deceptive for having failed to in- licans borrowing from the Democrats’ initiatives that Californians had con- clude express reference to an article playbook and turning the tables. Over sidered over the last 10 years. Later, that was not advocating in favor or in the last year, I’ve heard irresponsible the Senator who submitted these ques- opposition to a pending initiative and and overheated rhetoric directed at Re- tions indicated that he did not intend about which the questioner had knowl- publicans regarding judicial nominees. to ask how the nominee voted and he edge, had already specifically inquired To suggest, as some misguided Mem- revised the questions. When he did, he and on which the questioner promptly bers have, that Ms. Morrow’s gender is resubmitted another set of supple- professed knowledge. a factor in our decision to ask her

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S655 questions, or even oppose her nomina- ability to enunciate her views in a statement of Justice Brennan, and tion, is both irresponsible and absurd. clear and concise manner, which we all they saying she pulled the quote from As others may have noted, we’ve proc- hope judges will do. If such conflicting some book, but hadn’t read the context essed around 50 women judicial nomi- messages are reflected in her writing as of the quote, and didn’t know what it nees for President Clinton, including a lawyer, her potential judicial opin- meant. Justice Ginsberg, and I’ve supported al- ions may be equally confusing. How This is a major misstatement of fact, most all of them. As a matter of fact, can citizens rely on writings of some- that was used as the basis for not re- the first nominee unanimously con- one who has a record of contradicting sponding to the committee. This is not firmed last year was a woman can- herself? what we expect from lifetime tenured didate, and we’ve already confirmed a But, on top of these shortcomings, judges. Mr. President, this is below the couple this year. It’s just absurd to Mr. President, there is a matter of standard we all demand. This is below think that any Senator makes his or more importance. Whether inten- the standard afforded most Americans her decision on a nominee based on tionally or not, Ms. Morrow has, unfor- in their dealings with the government. gender or race. tunately, provided false and misleading For these reasons Mr. President, I will Mr. President, I sent Ms. Morrow five information to the Judiciary Com- vote against the nominee. pages of questions in total. As a con- mittee. And, I believe the integrity of Mrs. BOXER addressed the Chair. trast, I sent Merrick Garland 25 pages the committee and the nomination The PRESIDING OFFICER. The Sen- of questions. So, 5 pages versus 24 process is at stake. ator from California. pages. And, we’re supposedly unfair to When asked her views on a number of Mrs. BOXER. I ask that I be able to Ms. Morrow. Figure that one out. initiatives, Ms. Morrow first responded speak for 5 minutes and retain the re- I must say though, it was easier get- by stating unequivocally, ‘‘I have not mainder of my time, and Senator ting Mr. Garland to respond to his 25 publicly supported or opposed any ini- HATCH would like to have his 5 minutes pages of 100 or so questions than it was tiative measure in the past decade with retained as well. My understanding is I to get Ms. Morrow to answer her 5 one exception.’’ And, then she men- have 10 minutes, he has 5 minutes, and pages. tioned a specific initiative from 1988 I will now use 5 minutes of my time. Mr. President, when a judicial nomi- sponsored by the extremist Democrat, The PRESIDING OFFICER. The Sen- nee, whether a man or a woman, writes Lyndon Larouche, that she opposed. ator from California is recognized. an article which is critical of demo- But, despite Ms. Morrow’s unequivo- Mrs. BOXER. I want to put in the cratic institutions like the citizen ini- cal denial, in 1988 it turns out she also RECORD an article from the Los Ange- tiative process, it is our duty as Sen- publicly attacked three other initia- les Lawyer, November 1988, that di- ators to learn the reasons for this. How tives that pitted the insurance indus- rectly refutes the remarks by the Sen- can a Senator reasonably give advice try against trial lawyers. Ms. Morrow ator from Iowa, Senator GRASSLEY, and consent without understanding a wrote, ‘‘Propositions 101, 104 and 106 who said that Ms. Morrow misled the potential judge’s position on such fun- were, plain and simple, an attack on committee and publicly took a stand damental issues? With the recent pro- lawyers and the legal system.’’ In 1988, on initiatives when clearly in this arti- pensity of Federal judges, especially in she went on to attack a 1986 propo- cle it is very obvious she wrote about California, to overturn Democratic ini- sition that would have reduced the sal- these after those initiatives were voted tiatives on shaky grounds. It’s impor- aries of public officials. She argued it on in all cases. I think it is very seri- tant that we not confirm another ac- would have ‘‘driven many qualified ous that the Senator from Iowa, who is tivist judge who is willing to substitute people out of public service.’’ Of course, my friend and we work on many issues his or her will for that of the voters. we hear that worn out argument every together, would misstate what oc- I recall during the Democrat-run con- time we debate our own pay raises. curred. firmation hearings of various Repub- Now, Ms. Morrow had stated, without So, Mr. President, at this time I lican nominees the issue of ‘‘confirma- question, that she had not taken any would place this article in the RECORD. tion conversion’’ was a recurrent public position on these initiatives She says she is commenting on initia- theme. whatsoever. And, after creating this tives that had appeared on the Novem- But, now the shoe is on the other foundation of sand, she used it to ber 8 ballot in one case. On the other foot. When Ms. Morrow answered writ- refuse to answer questions on her she commented on an initiative that ten and oral questions contradicting views. was voted on 2 years prior. So I ask her former beliefs on certain issues, I Well, the foundation crumbled after unanimous consent that be printed in became somewhat concerned. Several the chairman demanded responses, and the RECORD for starters. of my followup questions related to perhaps the nominee realized her mis- There being no objection, the mate- such ‘‘conversations.’’ Where there are information had been discovered. Only rial was ordered to be printed in the discrepancies, we have a duty to un- then did she finally provide more re- RECORD, as follows: cover the reasons why. sponsive answers to the questions. REFORMING THE INITIATIVE PROCESS—AN OP- But a more disturbing problem I have But, the fact remains that regardless PORTUNITY TO RESTORE RESPONSIBLE GOV- seen with Ms. Morrow’s writing is that, of whether there was an intention or ERNMENT TO CALIFORNIA on number of issues, she doesn’t say motive, false and misleading informa- (By Margaret M. Morrow) her views have changed. She says we tion was provided to the Judiciary We in California have this month con- are misreading her writing. In other Committee by the nominee, an experi- cluded the single most expensive and one of words, she doesn’t really mean what enced lawyer, who one would presume the most complicated initiative campaigns she appears to say. either knew, or should have known, in history. I refer, of course, to the battle In the 1988 article on citizen initia- what she was doing. If she indeed didn’t over Propositions 100, 101, 103, 104 and 106, tives, for example, Ms. Morrow writes realize what she was doing, then one the insurance and attorneys’ fees initiatives, in language that is highly critical of has to question her ability to be care- which appeared on the November 8 ballot. Much as we might like to dismiss these prop- the voters. She has recently responded ful with the details, which would re- ositions and the campaigns they spawned as that she ‘‘had not meant to be critical flect on her ability to function as a an aberration, we cannot do so. The cost and of citizen initiatives.’’ Yet, in her arti- Federal judge. tone of the campaigns, and the complexity of cle she goes so far as to state that Now, I’m sure that many of you are the measures involved, are simply the latest The fact that initiatives are presented to a unaware of this problem, so I’m bring- examples of a disturbing trend toward over- ‘‘legislature’’ of 20 million people renders ing it to your attention. Unfortu- use and abuse of the initiative process. ephemeral any real hope of intelligent vot- nately, some have tried to make the Much of the rhetoric in the recent cam- ing by a majority. feeble argument that these were just paign focused on lawyers, and much of the In her statement, Ms. Morrow was mistakes that should be overlooked. spending pro and con was done by lawyers. Insurance industry Propositions 101, 104 and basically saying that initiatives are in- Well, this isn’t a mistake of failing to 106 were, plain and simple, an attack on law- herently flawed, although now she is provide articles to the committee, yers and the legal system. They were not the translating it differently. So this raises which the nominee did. This isn’t a first such assault and they probably will not serious questions about Ms. Morrow’s mistake of quoting a controversial be the last. Self-interest alone, therefore,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S656 CONGRESSIONAL RECORD — SENATE February 11, 1998 may dictate that lawyers examine the initia- sor and promote a variety of initiatives. Requiring that the courts assume this role tive process to see if it is serving the purpose They do so to circumvent a legislative proc- is not good for the public image of the judici- intended by its creators. Our responsibility ess they cannot control or to create leverage ary or of the legal profession. Having passed as citizens compels us to do so as well, since they can use to manipulate that process an initiative, voters want to see it enacted. recent abuse of the initiative process is but more effectively. Personal popularity is en- They view a court challenge to its validity one symptom of a general malaise in govern- hanced, too, when one lends one’s name to a as interference with the public will, and ment in this state. successful ballot proposition. blame the lawyers and judges who control The right of initiative was placed in the SPIRALING COSTS the legal process for thwarting the public’s California Constitution in 1911, as part of a This increased use of the initiative has directive. series of reforms championed by populist fundamentally changed the nature of the * * * * * Governor Hiram Johnson. Johnson believed right. Spiraling costs have made a mockery numerous proposals for reform of the initia- that the initiative would serve as a check on of its grass roots origins. A good example of tive process over the years. Some have urged the unaccountable, corrupt or unresponsive the runaway expense associated with most that contributions to initiative campaigns legislature, and would provide a grass roots initiative campaigns is Proposition 61, a be limited, and that disclosure of financial vehicle for citizens who saw their desires measure which appeared on the ballot two backers be required in all campaign adver- thwarted by elected representatives. years ago. This proposal would have dras- tising. Others have suggested that initiatives The initiative was never intended to serve tically reduced the salaries of all govern- go directly to the legislature for a vote be- as a substitute for legislative lawmaking, ment officials, including judges, and driven fore being presented to the electorate. Still nor as a weapon in the arsenal of wealthy many qualified people out of public service. others have proposed that all initiatives be special interest groups. In reality, however, The measure was opposed by virtually every screened by the Secretary of State’s office it has become both of these things. recognized organization and by the state’s for legal and drafting problems before they DRAMATIC INCREASE most prominent political leaders. Yet oppo- qualify for the ballot. Several of these ideas The number of initiatives put before the nents were told that they would have to are sound and would address some of the public has risen dramatically in recent raise millions of dollars to ensure the meas- most glaring problems with the initiative years. Only 17 initiatives were filed in the ure’s defeat. This year’s battle over insur- process as it now operates. Given the cam- 1950s. This number rose to 44 in the 1960s, and ance and attorney’s fees raises the even more paign we have just endured, we must hope leaped to 180 in the 1970s. Thus far in the frightening specter of massive campaigns fi- that these proposals are resurrected quickly 1980s, 204 initiatives have been filed. There nanced by wealth special interest groups. and implemented swiftly. were 12 on this month’s ballot alone, cov- The insurance industry alone has spent Initiative reform, however, is not enough. ering such diverse topics as the homeless, something in the range of $50 million pro- There must be in addition an overhaul of the AIDS, insurance rates, attorneys’ fees, ciga- moting its position on Propositions 100, 101, way business gets done in Sacramento, so rette taxation and part-time teaching by 103, 104, and 106. These kinds of numbers that the legislature can function as it should judges at public universities and colleges. make any true grassroot effort by a group of and resort to the initiative is not necessary. This increased use of the initiative process citizens nothing more than a pipedream. Limits on campaign spending, higher sala- is attributable to a number of factors. In re- Misleading advertising and reliance on sec- ries coupled with rules prohibiting the tak- cent years, California legislators have be- onds-long television and radio spots, more- ing of honoraria and gifts, quarterly disclo- come so beholden to special interest groups over, defeat any chance that citizens can ob- sure of contributions by legislators and seri- for campaign financing and added personal tain the information necessary to cast an in- ous self-policing through active ethics com- income that they have been paralyzed to act formed vote. The fat that initiatives are pre- mittees in the Assembly and Senate are just on controversial measures negatively im- sented to a ‘‘legislature’’ of 20 million people a few of the ideas which should be explored. pacting their benefactors. One need look no renders ephemeral any real hope of intel- Whatever the solution, legislators must be- further than tort reform and insurance re- ligent voting by a majority. Only a small mi- come what they were intended to be—rep- form, the meat of Propositions 100, 101, 103, nority of voters study their ballot pamphlet resentatives of the people, not puppets of a 104 and 106, to see that this is true. Bills on with any care and only the minutest per- panoply of interest groups who define public these subjects have been consistently op- centage take time to read the proposed stat- good in terms of their own pocketbooks. posed by trial lawyers associations on the utory language itself. Lawyers and lawyers’ organizations should one hand, and the insurance industry on the Indeed, it seems too much to ask that they be at the forefront of these reform efforts. other. Whether one favors reform in these do, since propositions are often lengthy and Lawyers are among those most uniquely con- areas or not, it is hard to argue with the fact difficult for a layperson to understand. Prop- cerned with the interpretation of laws and that their movement in the legislature has osition 104, for example, consumed almost 13 the enforcement of legal rights. We are been stymied not on the merits, but because pages of small, single-spaced type in the among those most familiar with the delicate of the perceived power of the interests in- most recent ballot pamphlet and concerned balance between executive, legislative, and volved. This lawmaking paralysis, coupled some of the most technical aspects of the In- judicial branches envisioned by the founders with tales of corruption in Sacramento, has surance Code. The problem is exacerbated by of our democratic form of government. Our led the public to lose confidence in and to the fact that paid advertising and news re- traditions and our rules of professional re- mistrust state government. A natural side ports tend to focus on the identity of the sponsibility, moreover, obligate us to work effect has been an increase in the popularity proponents and opponents and on how much for the public good. There is no greater pub- of the initiative. money each campaign is spending, rather lic good than strong, effective, good govern- Special interest groups, too, have begun to than on the substance of the measure and ment. perceive the utility of the initiative in push- the arguments in favor of or against it. Some We lawyers assert that we are among the ing their agendas. Measures sponsored by advertising, in fact, is affirmatively mis- leaders of society, and it is time we began to such groups often lend themselves to pack- leading concerning the content and effect of act the part. I intend to establish a com- aging for mass media consumption. Initia- the initiative. mittee to examine existing proposals for re- tives, moreover, get less scrutiny than legis- To add to the confusion, many initiatives form, explore other options and recommend lative bills, and frequently this is just what are poorly drafted, internally inconsistent or a course of action. Our Association has a real their interest group sponsors want. In the hopelessly vague. Bills introduced in the leg- opportunity, which we cannot ignore, to con- legislature, many eyes review a bill before it islature are subjected to many levels of re- tribute to restoring responsible government is put to a final vote. Legislative counsel ex- view before final passage, and drafting or of California. We welcome your ideas and amines it for technical or legal short- clarity problems usually surface and are re- support. comings. Various committees look at it from solved before a final vote is taken. Initia- Mrs. BOXER. I also want my col- different perspectives. Pros and cons are de- tives, by contrast, receive no prior review be- leagues to understand that the Senator bated, and compromises are reached. fore being put to a vote of the people. The from Iowa asked Ms. Morrow in an un- The public, by contrast, casts its vote for likelihood of any subsequent review is mini- precedented request which, frankly, initiatives on the basis of 30- and 60-second mal too, since an initiative, once approved, advertisements which ignore or obscure the can only be amended by another vote of the had Senators on both sides in an up- substance of the measure, and which focus people. roar, to answer the question how she instead on who sponsors the proposition. The The net result is that many of the more personally voted on 10 years’ worth of process allows for no amendment or com- complicated measures passed by the voters California initiatives. It was astound- promise. An initiative is an all-or-nothing end up in the courts for final review. ing. I remember going over to my proposition. As David Magleby of Brigham Young Uni- friend, whom I enjoy working with, and Reformers and special interest groups have versity, a leading authority on the initiative I have worked with him on so many been joined, ironically enough, by politicians process, has said, ‘‘Unlike other political procurement reform issues, and I said, and officeholders in frequent resort to the processes, there are no checks and balances initiative. Lawmakers, frustrated with being on the initiative process [other] than the ‘‘Senator, I can’t imagine how you the party out of power or seeking to increase courts.’’ The courts are thus forced to be- would expect someone to remember their popularity through association with a come ‘‘the policeman of the initiative proc- how they voted on 160 ballot meas- successful proposition, have begun to spon- ess.’’ ures,’’ some of which had to do with

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S657 parks, some of which had to do with tors including Ms. Morrow’s testimony, her peals sought to set aside the California building railroads, some of which had accomplishments and her evident ability as voters’ commitment to term limits, to do with school bond measures. And an attorney, as well as the fact that she has they did so based on what they consid- besides, I always thought—and correct received strong support from a number of ered to be the lack of expertise of the Republicans. me if I am wrong—we had a secret bal- people. Here is what Judge Reinhardt lot in this country; it is one of the The PRESIDING OFFICER. The Sen- said when he set aside the term limits things we pride ourselves on. ator has used 5 minutes. initiative in California: Now, Margaret Morrow has been Mrs. BOXER. I ask I be allowed an- The public lacks legal or legislative exper- forthcoming. That is why she has the other 2 minutes. tise—or even a duty to support the Constitu- strong support of Senator ORRIN The PRESIDING OFFICER. Without tion. Our usual assumption that laws passed represent careful drafting and consideration HATCH, and let’s read what Senator objection, it is so ordered. does not obtain. HATCH has written about Margaret Mrs. BOXER. So my colleagues have Morrow. every right to oppose Margaret Mor- Where might he get an idea like that Mr. GRASSLEY. Mr. President, since row. My goodness, it is a free country. idea, to allege that the people are dis- my name was mentioned, I would like They have every right to vote against regarded because they don’t have legal to respond, if the Senator would yield. her and speak against her. But I would training. The PRESIDING OFFICER. Does the like when we have arguments in the Here is what Ms. Morrow said: Senator from California yield? Chamber, particularly where someone The fact that initiatives are presented to a Mrs. BOXER. Yes. I will be happy to is not present, that these arguments be legislature of 20 million people renders true, that these arguments hold up, ephemeral any real hope of intelligent vot- allow a 30-second response. ing by the majority. Mr. GRASSLEY. I will only remind that these arguments are backed up by This is the judge who has been re- the Senator from California that the the facts. versed over and over again when the point I was making is not when—the I want to point out that in several of California Ninth Circuit was reversed question I was proposing is not when my colleagues’ dissertations here today, they have talked about other 27 out of 28 times by the Supreme Ms. Morrow responded. The question is Court. They are embracing this philos- that she said she did not take a posi- lawyers, they have talked about other judges. It is extraordinary to me that ophy in those kinds of items. tion on public policy issues except for Reinhardt said: that one, and she did take, we found they do not want Margaret Morrow, so they talk about three other judges. The public . . . lacks the ability to collect out that she did take positions on pub- and study information that is utilized rou- lic policy issues. So she was mis- Margaret Morrow is Margaret Morrow. tinely by legislative bodies. leading. She is not judge X, judge Y or judge Z. Where could he have gotten that? The PRESIDING OFFICER. The Sen- She is Margaret Morrow. She is coming Same philosophy as Ms. Morrow who ator’s time has expired. before us, the second woman ever elect- said: ed to head the Los Angeles County Bar Mrs. BOXER. If I might make a point . . . propositions are often lengthy and dif- here. When one is asked if one took a Association, the first woman ever ficult for a layperson to understand. The stand on an initiative, one would as- elected to head the California State public . . . casts its votes for initiatives on sume the critical point is at what time Bar Association. This is the largest the basis of 30- and 60-second advertisements. you speak out about it. My goodness, if State bar in any State. Republicans Both of these reflect a distrust of the we are forbidden as human beings, let voted for her for that position. Demo- people: One an activist judge, one of alone the head of a bar association, to crats did as well. She has the most ex- the most reversed judges in history; comment on what voters have voted on traordinary support across the board. the other an offering of this adminis- and to talk about ways the initiative So when we attack Margaret Morrow, tration for us to confirm. process can be improved—and I am my goodness, don’t talk about other I am calling into question the judg- going to put into the RECORD her re- judges. Talk about Margaret Morrow. ment and the respect that this nominee marks on that point because she has If my colleagues are running for the has for the people. And it is based on such respect for the initiative process. Senate, they want to be judged on who her statements. By contrasting her to She has thought about ways to improve they are, what do they stand for, not to Judge Reinhardt, I am trying to point it—if we are gagged as human beings stand up and say, well, I can’t vote for out that the same kind of mistakes from commenting on what the voters this candidate X because he or she re- made by the most reversed judge on have voted on, this is a sad state of af- minds me of candidate Y, and if he gets the ninth circuit are the kinds of mis- fairs for this country. in, he will act like candidate Y. takes that you find in Ms. Morrow’s So I want to talk about what Senator One great thing about the world writings, and I think it reflects a con- HATCH has said about Margaret Mor- today is we are all individuals. We are fidence in lawyers and judges that per- row. I think it is important. He said it all human beings. God doesn’t make us mits them to do things that the law himself quite eloquently at the begin- all the same. That is why I am going to doesn’t provide them a basis to do. ning of this debate. But I want to reit- vote against cloning. We are different The law says the people of California erate because he sent a letter out to all than one another. So when you attack have a right, if they want to have term of our colleagues, and he talked about Margaret Morrow, I think you need to limits, to have an initiative that em- the comment that Margaret Morrow do it in a fair way, not by the fact that braces it. But what does Judge made that has been so taken out of another judge ruled a certain way. And Reinhardt say? Judge Reinhardt says: context by my colleagues. when I come back to my last 5 min- Before an initiative becomes law, no com- He said that the committee, the Ju- utes, I will continue on this theme. mittee meetings are held, no legal analysts diciary Committee, studied Margaret I yield back and retain my time. study the law, no floor debates occur, no sep- arate representative bodies vote on the Morrow’s response to make a decision The PRESIDING OFFICER. Who bill.... yields time? as to whether she was an activist He does that as a means of setting Mr. ASHCROFT. Mr. President, I judge, and they concluded that her ex- aside the law, saying the people are yield to myself the remainder of the planation was in keeping with the simply too ignorant. They have not time and ask you to inform me when theme of her speech. And essentially, studied this carefully enough. Senator HATCH goes on to say, ‘‘[T]he there is 1 minute remaining. Where would Morrow be on that kind nominee went to some lengths in her I am concerned about this nominee of issue? According to her writings: who has indicated that when the people oral testimony and her written re- In the legislative, many eyes review a bill sponses to the Committee to espouse a are involved in developing the law before it is put to a final vote. Legislative clearly restrained approach to the con- through a referendum, you don’t get counsel [another lawyer] examine it for tech- stitutional interpretation and the role intelligent lawmaking. I am concerned nical or legal shortcomings. Various com- of the courts.’’ about that because from her writings it mittees look at it from different perspec- Then he goes on to say the following: appears that the Ninth Circuit Court of tives. Pros and cons are debated. In supporting the nomination, the Com- Appeals embraced that very view. We have already in California and on mittee takes into account a number of fac- When the Ninth Circuit Court of Ap- the west coast in the Ninth Circuit

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S658 CONGRESSIONAL RECORD — SENATE February 11, 1998 Court of Appeals, a court of appeals ment law, arbitration law, copyright California and former Head of the Drug that is reversed constantly. In their and trademark infringement, libel, Enforcement Administration under setting aside of initiatives, in their in- partnership dissolution, real estate de- President Bush. Mr. Bonner writes: vasion of the province of the people, velopment, government contracts, and The concerns expressed about judicial ac- and in their invasion of the legislative insurance coverage. tivism appear to be based on a misunder- function, they take a page out of the So my colleagues paint the picture of standing or misinterpretation of certain ar- writings of this candidate. But I don’t someone who is entirely different from ticles written by Margaret years ago in her think we need more judicial activists. I Margaret Morrow. Mr. President, I just capacity as President of the State Bar of ask my colleagues on both sides of the California, the Los Angeles County Bar Asso- think it is clear she believes the cut- ciation, and the Barristers (young lawyers) ting edge of society should be the law aisle to vote on Margaret Morrow. Do section of the Los Angeles County Bar Asso- and its profession. I think the cutting not vote on judge X, do not vote on ciation. In particular, in 1988, while she was edge needs to be the legislature and the judge Y, don’t vote on some ideological the President of the Los Angeles County Bar people expressing their will in initia- basis because you think she is going to Association, Margaret wrote an article con- tives. That is where the law should be be a certain way. Follow the leadership cerning the initiative process. The article changed. The engine of social change of Chairman HATCH, follow the leader- was critical of the way certain recently con- should not be the courts. The engine ship of the many Republican conserv- cluded initiative campaigns had been run, atives who have gone on the line to and suggested ways in which the initiative for social change should be the people process could be strengthened by commu- and their elected representatives. When fight for Margaret Morrow. nicating more information to the electorate the people enact a law through the ini- I have to say to my colleague from about the substance of the measures. It also tiative process, it is imperative that Missouri, thank you for bringing this discussed procedural reforms that would as- the will of the people be respected. debate almost to an end. I think I have sist in correcting the drafting errors that Even if you graduate from the best of enjoyed debating you. I wish we could sometimes provide the basis for a legal chal- law schools and you have a great un- have done it sooner rather than later. lenge. Finally, it suggested measures to re- derstanding of legal principles, our But I am pleased that we have reached duce the influence of special interests and country says that the people who cast this day, and to Margaret and to her increase the legislature’s willingness to ad- family, I hope that tonight you will dress issues of concern to the citizens of the the votes are the people whose will is state. to be respected. Because she seems to have a reason to celebrate. I can’t be The article does not suggest hostility to believe otherwise, I do not think this sure until the votes are in, but we will the initiative process; rather it seeks to nominee should be confirmed by the know soon. strengthen the process. Margaret’s responses U.S. Senate. Finally, Mr. President, I would just to the Judiciary Committee demonstrate The PRESIDING OFFICER. Who like to continue my response to some that she unequivocally supports the initia- yields time? of the arguments offered by my col- tive process and believes that all legislative Mrs. BOXER. Mr. President, at this leagues, and set the record straight. On enactments, including initiatives, are pre- the issue of Ms. Morrow’s position on sumptively constitutional, and that courts point, since Senator HATCH is not here, should be reluctant to overturn them. Mar- he has given me permission to use up ballot initiatives, there are some peo- garet explained to the committee her desire his time and mine, and I assume I have ple who, having read an article she to strengthen the process, not make it vul- about 7 minutes left. wrote in 1988, believe that Ms. Morrow nerable to legal challenge. She also ex- The PRESIDING OFFICER. The Sen- holds disdain for citizen initiatives. plained that the article proposed ways to ator has 8 minutes remaining. This is completely false. I repeat—any make the process more efficient and less Mrs. BOXER. Mr. President, some- concerns that Ms. Morrow holds a posi- costly, so that the initiatives could serve the times I think my colleagues have a tion other than being 100% supportive purpose for which they were intended. very strange definition of activist of citizen initiatives has no basis in To anyone still skeptical, I invite judge. Listening to them, I think if you fact. In fact, in that 1988 article, Ms. you to call Robert Bonner, who be- have a heartbeat and a pulse, they call Morrow expressed her concern about lieves in Margaret Morrow. In his let- you an activist. I mean, I—really, lis- misleading advertisements which pro- ter to Senators BOND, D’AMATO, ten to them. vide misinformation for voters. This DOMENICI, SESSIONS and SPECTER, Mr. Are you supposed to nominate a per- made it hard, she argued, for voters to Bonner urged them to give him a call son who has not had a thought in her make meaningful choices and ‘‘renders with any questions. head, who cannot say, 2 years after an ephemeral any real hope of intelligent Finally, the California Research Bu- initiative passed, that she thought it voting by a majority.’’ Read in con- reau, which is a branch of the state was good, bad, or indifferent, who can- text, this statement concerned the public library and supplies nonpartisan not comment on a way to make the ini- quality of information disseminated to data to the executive and legislative tiative process better? the voters, and was not a comment on branches of the California state gov- They also have a way of selective ar- the ability of voters to make intel- ernment, has much the same role as guing—selective arguing. In 1988, Mar- ligent choices with the necessary infor- the Congressional Research Service garet Morrow wrote the following. This mation in hand. Ms. Morrow holds the does for the U.S. Legislative Branch. is directly from an article in 1988, way utmost respect for democratic institu- The Bureau put out a study in May of before she even dreamt of coming be- tions like the citizen initiative process 1997, entitled California’s Statewide fore this Senate. Here is what she in California. Initiative Process, which iterated wrote: In that same 1988 article, Ms. Morrow many of the same concerns Ms. Morrow Having passed an initiative, voters want to argued that courts should not be put in has about the initiative process in Cali- see it enacted. They view a court challenge the position of policing the initiative fornia, and which the senior senator to its validity as interference with the public process. ‘‘Having passed an initiative,’’ from California, Senator FEINSTEIN, re- will. she explains, ‘‘voters want to see it en- ferred to during the markup of Ms. So here is Margaret Morrow arguing acted. They view a court challenge to Morrow’s nomination. For instance, that when the voters pass an initiative, its validity as interference with the this impartial, non-partisan research they want it enacted. I see Senator public will. . . .’’ Hopefully my col- service notes that proponents and op- HATCH is here, so when I finish my 2 leagues here in the Senate understand ponents of a ballot measure may not minutes I am going to yield him his 5 that Ms. Morrow merely advocated re- have the incentive to provide clear in- minutes. forms that would ameliorate problems formation to voters. Further, the Bu- I want to say that this is a woman in the California initiative process. reau notes that a number of scholars, whose practice, if you look at it, is far For those who may still not be con- elected officials, journalists and com- from anyone’s definition of being an vinced, I would like to read a portion of missions have examined the initiative activist. These are the areas of law a letter that I referred to earlier from process over the last decade. that she has practiced. Robert Bonner, who, as I mentioned, The Bureau cited to concerns about Contract disputes, business torts, un- was former U.S. Attorney under Presi- ‘‘serious flaws that require improve- fair competition, securities fraud, di- dent Reagan, former U.S. District ment,’’ including limited voter infor- rectors’ and officers’ liability, employ- Court Judge in the Central District of mation, deceptive media campaigns,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S659 the lack of legislative review, poor her installation as the first woman row led the Board in deciding to reject drafting, and the impact of money in president of the State Bar of California resolutions on gun laws passed by the the initiative process. In other words, on October 9, 1993. In her speech, Ms. California Bar Conference of Delegates Margaret Morrow believes in ballot ini- Morrow quoted Justice William Bren- and instead adopted a neutral resolu- tiatives, but has concerns similar to nan: ‘‘Justice can only endure and tion, which suggested that the State those of the California Research Bu- flourish if law and legal institutions Bar sponsor ‘‘neutral forums on vio- reau, a nonpartisan research service for are engines of change, able to accom- lence and its impact on the administra- the California State Legislature. modate evolving patterns of life and tion of justice.’’ Therefore, she did the In summary, let there be no doubt social interaction.’’ Taken out of con- exact opposite of what her critics ac- that Ms. Morrow supports citizen ini- text, her critics believe Ms. Morrow cuse her of. She followed the law as ar- tiatives as an important part of our will use the courts as an engine of ticulated by the United States Su- democratic form of government. She change. However, during her hearing, preme Court, precisely what she will do also subscribes to the position that leg- Ms. Morrow confessed she pulled Jus- if she is confirmed as a district judge. islative enactments, including initia- tice Brennan’s statement from a book I yield the remaining 5 minutes to tives, are presumed to be constitu- of quotes, and she testified that ‘‘The the distinguished chairman of the Judi- tional, and that courts should be reluc- theme of that speech was that the ciary Committee, Chairman HATCH. tant to overturn legislation. Margaret State Bar of California as an institu- The PRESIDING OFFICER. The Sen- Morrow did suggest ways the initiative tion and the legal profession had to ator from Utah. process could be strengthened by pro- change some of the ways we did busi- Mr. HATCH. Mr. President, as we viding more information to the elec- ness. The quotation regarding engines close this debate, I would like to take torate and by correcting the drafting of change had nothing to do with just a moment to reiterate my support for Margaret Morrow. As my friend errors that sometimes form the basis changes in the rule of law or changes in from Missouri, Senator ASHCROFT, has for a legal challenge, but she does NOT constitutional interpretation.’’ In fact, conceded, Ms. Morrow certainly enjoys oppose ballot initiatives. the speech was about the changes the the professional qualifications to serve On charges that she may be a judicial bar should make so that it would be activist, let me make it very, very as a United States district court judge. more responsive to the public. It did Unfortunately, those who have cho- clear. Ms. Morrow believes in the re- not advance a theme that the courts sen to vote against Ms. Morrow have spective roles of the legislative and ju- should be engines of change. failed to identify a single instance in dicial branches, and will look to the To respond to my colleagues’ charge the nominee’s legal practice in which original intent of the drafters of the that Margaret Morrow advocated gun she has engaged in what can be consid- laws and our Constitution. control while president of the state ered as activism. The best the oppo- Some have questioned whether Mar- bar, let me just say that this is pat- nents to Ms. Morrow can do is take garet Morrow will be an activist judge. ently untrue, and is refuted by 11 of the quotes from several of her speeches and Her critics pulled a quote, out of con- 21 Members of the California State Bar read into that an activist intent. I do text, from one of her many speeches, Board of Governors who were on the not believe, however, that when closely and those critics have decided that board at the time in question. They analyzed, those claims stand up. Re- that single quote is evidence that Mar- were there, they know what happened garding the two brief statements being garet Morrow will be an activist judge. and what didn’t happen, and they have used to question Ms. Morrow’s propen- The quote in controversy is from a 1- signed a letter confirming that Mar- sity to engage in judicial activism, to 2-minute presentation to the State garet Morrow did not advocate gun when balanced against the 20-plus-year Bar Conference on Women in the Law. control as her critics accuse her of. distinguished and dedicated career, the She says: ‘‘For the law is, almost by These 11 members are Republicans and statements are simply insufficient to definition, on the cutting edge of social Democrats alike. determine that Ms. Morrow would be a thought. It is the vehicle through These Republicans and Democrats ex- judicial activist. which we ease the transition from the plain in their letter to me that in 1993, The first statement attributed to Ms. rules which have always been to the the State Bar Conference of Dele- Morrow that the ‘‘law is on the cutting rules which are to be.’’ gates—representatives of voluntary bar edge of social thought,’’ when placed As Margaret said during her second associations throughout California— within its proper context and read hearing, the overall context of that adopted two resolutions calling upon along with the entire speech is not speech concerned how lawyers were the Bar to study a possible revision of troubling to me. I note that the opposi- going to govern the legal profession. firearms laws and to propose measures tion did not discuss the text of that She wasn’t speaking of the substance to protect judges, lawyers, and others speech or the theme of the speech, be- of the law. Rather, she was referring to from gun violence. These resolutions cause the speech itself is not con- the legal profession. Her point in that were prompted by a tragic shooting in- troversial in any manner. In fact, the speech was if lawyers have to work cident at a San Francisco law firm in theme of the speech advocates change 2,000 to 3,000 hours a year in order to which several people were killed. These in the legal profession itself. The have positions in private law firms, resolutions were passed before Ms. speech does not advocate judicial ac- how will both men and women in the Morrow assumed her position as the tivism. This is why no one has men- legal profession govern and balance first woman President of the State Bar tioned any other sentence or phrase their careers and their family lives? In of California. from the speech. It simply does not ad- her speech at the Women in the Law The resolutions were then considered vocate activism. Conference, Margaret Morrow said: by the State Bar Board of Governors, The second statement attributed to ‘‘[Women lawyers] should reject the of which Margaret Morrow was presi- Ms. Morrow, that the law and legal in- norm of 2000-plus hours a year; the dent in 1993–94. She appointed a special stitutions are engines of change, was norm that places time in the office committee to consider the firearms taken from a quote by Mr. Justice above time with family . . . We should resolutions, saying that she wanted to Brennan. Whether you agree with Mr. work to infuse our perspective into the ensure compliance with the Supreme Justice Brennan or not, he was one of law—our experience as women, as Court decision, Keller v. State Bar, the most substantial Justices in his- wives, and as mothers.’’ that forbids a state bar from using tory. And she was quoting him. Again, I would also refer you to the letter mandatory lawyers’ dues to support po- the opposition has not mentioned the from Robert Bonner which so clearly litical or ideological causes. theme of the speech from which this states that he, and so many other The Board of Governors, under Mar- quote was taken. The speech also advo- Republians of good reputation, can as- garet Morrow’s leadership, rejected the cated change in the legal profession, sure you that Margaret Morrow will resolutions passed by the delegates and not activism in the courts. not be an activist judge. passed explicitly neutral language in- I personally believe that the profes- Finally, some of her critics base their stead. Let me repeat this very impor- sion could stand some changes in cer- belief that Ms. Morrow will be an activ- tant point. As President of the State tain areas. It is not fair to this nomi- ist judge on a speech she made during Bar Board of Governors, Margaret Mor- nee or any other that her entire career

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S660 CONGRESSIONAL RECORD — SENATE February 11, 1998 and judicial philosophy be judged on Mr. BREAUX. I announce that the morrow is the 299th anniversary of the the basis of a few statements, arguably Senator from Kentucky (Mr. FORD) and landing of D’Iberville on the shores of very ambiguous statements. I cannot the Senator from Michigan (Mr. LEVIN) present-day Mississippi, and the begin- ignore the overall theme of the speech- are necessarily absent. ning of the French colonization of the es from which these statements were I also announce that the Senator American South. taken. The speeches in no way advo- from Nevada (Mr. REID) is absent at- Madam President, my colleagues are cated activism. They only advocated tending a funeral. familiar with the English landings in change in the legal profession. The PRESIDING OFFICER (Ms. COL- Jamestown and Plymouth, Maryland Ms. Morrow’s legal career speaks for LINS). Are there any other Senators in and Pennsylvania. Some may recall the itself. She will be an asset to the Fed- the Chamber who desire to vote? Spanish settlements up the eastern eral bench, in my opinion. Thus, when The result was announced, yeas 67, seaboard or the missions in the far Ms. Morrow’s statements are read in nays 28, as follows: West. But I suspect few of you know of context, they do not paint a picture of [Rollcall Vote No. 11 Ex.] the French colonization of the deep a potential activist. Moreover, when YEAS—67 South and the frontier of the future asked by the members of the com- United States, and the deeds of men Abraham Faircloth Lott mittee to explain her judicial philos- Akaka Feingold Lugar like Pierre Lemoyne Sieur D’Iberville, ophy and her approach to judging, she Baucus Feinstein Mack the French military officer who began gave an answer with which any strict Bennett Frist McCain that colonization. Biden Glenn Mikulski constructionist would agree. And when Bingaman Gorton However, down home, all along the Moseley-Braun Mississippi Gulf Coast, we know and we asked to explain whether her speeches Boxer Graham Moynihan were intended to suggest that judges Breaux Gregg Murray remember. We remember how Bryan Harkin should be litigating from the bench, Reed D’Iberville’s band of French soldiers, Bumpers Hatch Robb she adamantly denied such a claim. Byrd Hollings hunters, farmers and adventurers Given her plausible explanation of Campbell Hutchison Rockefeller began the exploration and occupation Roth these statements criticized by my good Chafee Inouye of the lower Mississippi valley. We re- Cleland Jeffords Santorum friends from the Judiciary Committee Cochran Johnson Sarbanes member that this landing eventually and her sworn testimony that she Collins Kennedy Smith (OR) gave birth to towns as far-flung as Bi- would uphold the Constitution and Conrad Kerrey Snowe loxi, Natchez, Mobile, New Orleans, abide by the rule of law, I have to give Daschle Kerry Stevens Baton Rouge, Memphis, St. Joseph, De- DeWine Kohl Thompson her the benefit of the doubt and will Dodd Landrieu Torricelli troit, and Galveston. vote to confirm her. I think and I hope Domenici Lautenberg Wellstone My native Mississippi Gulf Coast is a my colleagues will do the same. Dorgan Leahy Wyden place of year-round beauty, romance, Ordinarily, I believe that a nominee’s Durbin Lieberman and charm. It is easy to understand testimony should be credited unless NAYS—28 why the French chose to found their there is overwhelming evidence to the Allard Gramm Murkowski first colony there. contrary. Here, those who oppose this Ashcroft Grams Nickles We are throwing a party today, in Bi- Bond Grassley Roberts loxi, Mississippi, where D’Iberville nominee lack such evidence. What they Brownback Hagel Sessions landed, 299 years ago tomorrow, and in are left with are snippets from some of Burns Helms Shelby her speeches, speeches that we are try- Coats Hutchinson Smith (NH) Ocean Springs, where he built Fort ing to divine the intent of, while lack- Coverdell Inhofe Thomas Maurepas. As I am sure you have Craig Kempthorne Thurmond ing the evidence to think otherwise. D’Amato Kyl heard, we know how to throw a party. I will credit the testimony of the Enzi McConnell But next year, on this very day, will be the 300th anniversary of D’Iberville’s nominee and her stated commitment to NOT VOTING—5 the rule of law. I sincerely hope that landing. And I especially want to invite Ford Reid Warner she will not disappoint me, and I be- Levin Specter every one of my colleagues and you, lieve that she is a person of integrity Madam President, to attend that cele- and one who will judge, as she has The nomination was confirmed. bration. promised, in accordance with the high- Mr. LEAHY. Madam President, I All along the Mississippi Gulf Coast, est standards of the judgeship profes- move to reconsider the vote. from my native Pascagoula west to sion and with the highest standards of Mrs. BOXER. I move to lay it on the Pass Christian and Bay St. Louis, hun- the Constitution and the rule of law. table. dreds of volunteers are already plan- On this basis, I support the nominee. The motion to lay on the table was ning and preparing a vast array of fes- I believe we all should support this agreed to. tivals, parties, national sporting nominee. She has had a thorough hear- f events, educational activities, and cul- ing and we have had many, many dis- LEGISLATIVE SESSION tural exchanges with French cities, cussions of this. But I just don’t think working to make our 1699 Tricenten- we should take things out of context The PRESIDING OFFICER. The Sen- nial a truly wonderful celebration. and stop a nominee on that basis. ate will now return to legislative ses- In conjunction with next year’s fes- With that, I hope our colleagues will sion. tivities will be the Mardi Gras Celebra- support the nominee. Mr. President, I f tion in all the coast towns, from Texas to Florida. I believe all of my col- ask for the yeas and nays. MORNING BUSINESS The PRESIDING OFFICER. Is there a leagues are familiar with Mardi Gras. sufficient second? Mr. HATCH. Madam President, I ask But the Tricentennial celebrations There is a sufficient second. unanimous consent there now be a pe- are more than just festivities. They are The yeas and nays were ordered. riod of morning business with Senators celebrations of how really diverse we The PRESIDING OFFICER. The permitted to speak up to 5 minutes are in the deep South, how wonderfully question is, Will the Senate advise and each. varied and multi-cultural our Southern consent to the nomination of Margaret The PRESIDING OFFICER. Without heritage, our American heritage really M. Morrow, of California, to be United objection, it is so ordered. is, and how much we’ve accomplished States District Judge for the Central f over the past 300 years! District of California? Come to the Gulf Coast next year The yeas and nays have been ordered. THE 299TH ANNIVERSARY OF with us, and help us celebrate that di- The clerk will call the roll. FRENCH COLONIZATION verse culture, and our hard-won eco- The legislative clerk called the roll. Mr. LOTT. Madam President, I rise nomic prosperity. You might be sur- Mr. NICKLES. I announce that the today to recognize an important day in prised. You’ll find that whether we are Senator from Virginia (Mr. WARNER) the history of this nation—a day that of French, Scottish, Irish, Spanish, and the Senator from Pennsylvania may intrigue some of you who are not Yugoslavian, Vietnamese, English, Af- (Mr. SPECTER) are necessarily absent. familiar with Southern history. To- rican-American or Native American

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S661 ancestry, or a little of everything, we human somatic cell nuclear transfer, assistance of the National Bioethics are all fair, honest, hardworking, and which means taking the nucleus— Advisory Commission (NBAC), the Na- friendly to a fault. And we can all which contains DNA—from a mature tional Institutes of Health, the Amer- cook!! And we all talk with this ac- cell and putting it into an egg cell from ican Society for Reproductive Medi- cent!! which the original nucleus has been re- cine, the Biotech Industry Association, So come down and join us, if not this moved. Although the bill defines the the Department of Health and Human year, certainly for the big Tricenten- product of such a transfer as an em- Services, and the Food and Drug Ad- nial celebration. A lot of faces and bryo, it is not actually a fertilized egg, ministration, imposes a 10-year ban on names will be familiar to you: Brett as that term is commonly understood. the implantation of the product of so- Favre, the great NFL quarterback, as- It is an unfertilized egg cell that con- matic cell nuclear transfer into a wom- tronauts Fred Haise of Apollo XIII and tains DNA from another source. It is en’s uterus. While it bans the cloning Stuart Roosa, and the works of great true that if this cell were implanted in of human beings for 10 years, the bill American painter Walter Anderson and a woman’s womb, it could very well de- does not prohibit the cloning of mol- potter George E. Ohr. And the places to velop into a baby. However, the cell ecules, DNA, cells, tissues, or non- see!—the beautiful home of Jefferson may also be grown in a laboratory to human animals. It therefore does not Davis, the beaches, the southern way of become skin, nerve, or muscle tissue. restrict important biomedical and agri- life, the unique nightlife, the Mardi Because of its ban on human somatic cultural research that will improve the Gras, the 1699 celebrations and re-en- cell transfer, there is a strong likeli- quality of life for millions of Ameri- actments. hood that S. 1601 would extinguish bio- cans and save the lives of many more. Madam President, I invite all my col- medical research in several vital areas. S. 1602 requires that in four-and-a- leagues to come down to the Gulf Coast Scientists are examining approaches to half years the NBAC prepare and sub- next year and join us in the wonderful treating disease that won’t depend on mit a report on the state of the science celebration of our Tricentennial. drugs, but on stem cells that can dif- of cloning; the ethical and social issues f ferentiate into brain, skin, blood, or related to the potential use of this heart cells. S. 1601 would put an end to technology in human beings; and the THE VERY BAD DEBT BOXSCORE such research whenever somatic cell wisdom of extending the prohibition. Mr. HELMS. Mr. President, at the nuclear transfer is involved. Thus, it The bill also requires the President to close of business yesterday, Wednes- would outlaw efforts to create cardiac seek cooperation with other countries day, February 10, 1998, the Federal debt muscle cells to treat heart attack vic- to establish international restrictions stood at $5,471,889,906,215.21 (Five tril- tims and degenerative heart disease; similar to those it enumerates. lion, four hundred seventy-one billion, skin cells to treat burn victims; spinal Madam President, S. 1601 was eight hundred eighty-nine million, nine cord neuron cells for the treatment of brought directly to the floor two days hundred six thousand, two hundred fif- spinal cord trauma and paralysis; neu- after it was introduced without a day teen dollars and twenty-one cents). ral cells to treat those suffering from of committee hearings or a markup. One year ago, February 10, 1997, the Parkinson’s disease, Huntington’s dis- The Senate did the right thing today Federal debt stood at $5,302,292,000,000 ease, and Lou Gehrig’s disease; blood when it decided that such a far-reach- (Five trillion, three hundred two bil- cells to treat cancer anemia and ing bill with so many implications for lion, two hundred ninety-two million). immunodeficiencies; cells for use in ge- the future direction of scientific in- Five years ago, February 10, 1993, the netic therapy to treat 5,000 genetic dis- quiry must be carefully considered in Federal debt stood at $4,172,770,000,000 eases, including cystic fibrosis, Tay- committee. I am confident that we will (Four trillion, one hundred seventy- Sachs, schizophrenia, and depression; ultimately agree upon a bipartisan ap- two billion, seven hundred seventy mil- liver cells for the treatment of such proach to dealing with the issues raised lion). diseases as hepatitis and cirrhosis; and by cloning technology, one that en- Ten years ago, February 10, 1988, the myriad other cells for use in the diag- sures that life-saving medical research Federal debt stood at $2,452,575,000,000 nosis, treatment, and prevention of a will not be threatened. Through its ac- (Two trillion, four hundred fifty-two multitude of serious and life-threat- tion today, the Senate has sent the billion, five hundred seventy-five mil- ening medical conditions. message that it intends to give this lion). Consider the effect that S. 1601 would complex matter the thoughtful and de- Fifteen years ago, February 10, 1983, have on research related to the treat- liberative consideration it deserves. the Federal debt stood at ment of diabetes. A diabetes patient Mr. HATCH. I suggest the absence of $1,194,868,000,000 (One trillion, one hun- has a shortage of insulin-producing a quorum. dred ninety-four billion, eight hundred cells in her pancreas. Somatic cell nu- The PRESIDING OFFICER. The sixty-eight million) which reflects a clear transfer technology may allow clerk will call the roll. debt increase of more than $4 trillion— for the transplantation of a large num- The legislative clerk proceeded to $4,277,021,906,215.21 (Four trillion, two ber of insulin-producing cells into the call the roll. hundred seventy-seven billion, twenty- diabetic patient that would be geneti- Mr. ROBERTS. Madam President, I one million, nine hundred six thousand, cally identical to her. As a result, re- ask unanimous consent that the order two hundred fifteen dollars and twen- jection would not be an issue and the for the quorum call be rescinded. ty-one cents) during the past 15 years. patient would be cured. S. 1601 would The PRESIDING OFFICER. Without f stifle research into this promising ap- objection, it is so ordered. proach to the treatment of diabetes. HUMAN CLONING PROHIBITION Moreover, S. 1601 would prevent doc- f ACT OF 1998 tors from utilizing certain treatments Ms. MOSELEY-BRAUN. Madam that already exist, such as an effective READING OF WASHINGTON’S President, I would like to take a mo- therapy for mitochondrial disease, FAREWELL ADDRESS ment to commend my colleagues for which causes infertility in women. Mr. ROBERTS. Madam President, I voting ‘‘no’’ this morning on the effort In sum, too much is at stake to allow ask unanimous consent that notwith- to shut down debate and take up S. legitimate concerns over human standing the resolution of the Senate 1601, the Human Cloning Prohibition cloning to quash the beneficial re- of January 24, 1901, on Monday, Feb- Act of 1998 without hearings or the ben- search and existing treatments associ- ruary 23, 1998, immediately following efit of a comprehensive Committee re- ated with somatic cell nuclear transfer. the prayer and the disposition of the view of the bill. Over 120 medical research, industry, Journal, the traditional reading of the At the outset, I want to make it and patient advocacy organizations Washington’s Farewell Address take clear that I stand with the vast major- have expressed the view that S. 1601 place and that the Chair be authorized ity of Americans who oppose efforts to would do just that. That is why I am to appoint a Senator to perform this clone human beings. S. 1601, however, co-sponsor of Senator FEINSTEIN and task. does much more than that. The bill in- Senator KENNEDY’s substitute bill, S. The PRESIDING OFFICER. Without cludes a permanent ban on the act of 1602. This legislation, drafted with the objection, it is so ordered.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S662 CONGRESSIONAL RECORD — SENATE February 11, 1998 APPOINTMENT BY VICE War, its performance in the mission it European democracy is ruled out as a PRESIDENT has led in Bosnia, the strong interest of future member. The Alliance has The PRESIDING OFFICER. The a dozen new European democracies in agreed to review the process of enlarge- Chair, on behalf of the Vice President, becoming members, and the success of ment at its 1999 summit in Washington. pursuant to the order of the Senate of the Alliance’s Partnership for Peace As we prepare for that summit, I look January 24, 1901, appoints the Senator program all underscore the continuing forward to discussing this matter with vitality of the Alliance and the Treaty from Louisiana (Ms. LANDRIEU) to read my fellow NATO leaders. The process Washington’s Farewell Address on Feb- that brought it into existence. of enlargement, combined with the NATO’s mission in Bosnia is of par- ruary 23, 1998. Partnership for Peace program, the ticular importance. No other multi- Euro-Atlantic Partnership Council, the f national institution possessed the mili- NATO-Russia Founding Act, and REMOVAL OF INJUNCTION OF SE- tary capabilities and political cohe- NATO’s new charter with Ukraine, sig- CRECY—TREATY DOCUMENT NO. siveness necessary to bring an end to nify NATO’s commitment to avoid any 105–36 the fighting in the former Yugoslavia— new division of Europe, and to con- Europe’s worst conflict since World tribute to its progressive integration. Mr. ROBERTS. Madam President, I War II—and to give the people of that ask unanimous consent that the in- A democratic Russia is and should be region a chance to build a lasting a part of that new Europe. With bipar- junction of secrecy be removed from peace. Our work in Bosnia is not yet the following treaty transmitted to the tisan congressional support, my Ad- complete, but we should be thankful ministration and my predecessor’s Senate on February 11, 1998, by the that NATO existed to unite Allies and President of the United States: have worked with our Allies to support partners in this determined common political and economic reform in Rus- Protocols to the North Atlantic effort. Similarly, we should welcome Treaty of 1949 on accession of Poland, sia and the other newly independent steps such as the Alliance’s enlarge- states and to increase the bonds be- Hungary, and Czech Republic (Treaty ment that can strengthen its ability to Document No. 105–36.) tween them and the rest of Europe. meet future challenges, beginning with NATO’s enlargement and other adapta- I further ask that the treaty be con- NATO’s core mission of collective de- sidered as having been read the first tions are consistent, not at odds, with fense and other missions that we and that policy. NATO has repeatedly dem- time; that it be referred, with accom- our Allies may choose to pursue. panying papers, to the Committee on onstrated that it does not threaten The three states that NATO now pro- Russia and that it seeks closer and Foreign Relations and ordered to be poses to add as full members will make printed; and that the President’s mes- more cooperative relations. We and our the Alliance stronger while helping to Allies welcomed the participation of sage be printed in the RECORD. enlarge Europe’s zone of democratic The PRESIDING OFFICER. Without Russian forces in the mission in Bos- stability. Poland, Hungary, and the nia. objection, it is so ordered. Czech Republic have been leaders in The message of the President is as Central Europe’s dramatic trans- NATO most clearly signaled its inter- follows: formation over the past decade and al- est in a constructive relationship To the Senate of the United States: ready are a part of NATO’s community through the signing in May 1997 of the I transmit herewith Protocols to the of values. They each played pivotal NATO-Russia Founding Act. That Act, North Atlantic Treaty of 1949 on the roles in the overthrow of communist and the Permanent Joint Council it accession of Poland, Hungary, and the rule and repression, and they each created, help to ensure that if Russia Czech Republic. These Protocols were proved equal to the challenge of com- seeks to build a positive and peaceful opened for signature at Brussels on De- prehensive democratic and market re- future within Europe, NATO will be a cember 16, 1997, and signed on behalf of form. Together, they have helped to full partner in that enterprise. I under- the United States of America and the make Central Europe the continent’s stand it will require time for the Rus- other parties to the North Atlantic most robust zone of economic growth. sian people to gain a new under- Treaty. I request the advice and con- All three of these states will be secu- standing of NATO. The Russian people, sent of the Senate to the ratification of rity producers for the Alliance and not in turn, must understand that an open these documents, and transmit for the merely security consumers. They have door policy with regard to the addition Senate’s information the report made demonstrated this through the accords of new members is an element of a new to me by the Secretary of State regard- they have reached with neighboring NATO. In this way, we will build a new ing this matter. states, the contributions they have and more stable Europe of which Rus- The accession of Poland, Hungary, made to the mission in Bosnia, the sia is an integral part. and the Czech Republic to the North forces they plan to commit to the Alli- I therefore propose the ratification of Atlantic Treaty Organization (NATO) ance, and the military modernization these Protocols with every expectation will improve the ability of the United programs they have already begun and that we can continue to pursue produc- States to protect and advance our in- pledge to continue in the years to come tive cooperation with the Russian Fed- terests in the transatlantic area. The at their own expense. These three eration. I am encouraged that Presi- end of the Cold War changed the nature states will strengthen NATO through dent Yeltsin has pledged his govern- of the threats to this region, but not the addition of military resources, ment’s commitment to additional the fact that Europe’s peace, stability, strategic depth, and the prospect of progress on nuclear and conventional and well-being are vital to our own na- greater stability in Europe’s central re- arms control measures. At our summit tional security. The addition of these gion. American troops have worked in Helsinki, for example, we agreed well-qualified democracies, which have alongside soldiers from each of these that once START II has entered into demonstrated their commitment to the nations in earlier times, in the case of force we will begin negotiations on a values of freedom and the security of the Poles, dating back to our own Rev- START III accord that can achieve the broader region, will help deter po- olutionary War. Our cooperation with even deeper cuts in our strategic arse- tential threats to Europe, deepen the the Poles, Hungarians, and Czechs has nals. Similarly, Russia’s ratification of continent’s stability, bolster its demo- contributed to our security in the past, the Chemical Weapons Convention last cratic advances, erase its artificial di- and our Alliance with them will con- year demonstrated that cooperation on vision, and strengthen an Alliance that tribute to our security in the years to a range of security matters will con- has proved its effectiveness during and come. tinue. since the Cold War. The purpose of NATO’s enlargement The Protocols of accession that I NATO is not the only instrument in extends beyond the security of these transmit to you constitute a decision our efforts to help build a new and un- three states, however, and entails a of great consequence, and they involve divided Europe, but it is our most im- process encompassing more than their solemn security commitments. The ad- portant contributor to peace and secu- admission to the Alliance. Accordingly, dition of new states also will entail fi- rity for the region. NATO’s steadfast- these first new members should not nancial costs. While those costs will be ness during the long years of the Cold and will not be the last. No qualified manageable and broadly shared with

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Whereas environmental groups and the Na- partisan support of the American peo- THE WHITE HOUSE, February 11, 1998. tional Park Service have been working to es- ple and their representatives. For that tablish an International Park, a World Herit- f reason, it is encouraging that congres- age Site, and a Marine Biosphere Reserve sional leaders in both parties and both MESSAGES FROM THE PRESIDENT covering parts of western Alaska, eastern chambers have long advocated NATO’s Russia, and the Bering Sea; and Messages from the President of the Whereas, as occurred in Montana, such des- enlargement. I have endeavored to United States were communicated to ignations could be used to block develop- make the Congress an active partner in the Senate by Mr. Williams, one of his ment projects on state and private land in this process. I was pleased that a bipar- secretaries. western Alaska; and tisan group of Senators and Represent- Whereas foreign companies and countries EXECUTIVE MESSAGES REFERRED atives accompanied the U.S. delegation could use such international designations in As in executive session the Presiding at the NATO summit in Madrid last western Alaska to block economic develop- Officer laid before the Senate messages July. Officials at all levels of my Ad- ment that they perceive as competition; and from the President of the United Whereas animal rights activists could use ministration have consulted closely States submitting sundry nominations such international designations to generate with the relevant committees and with which were referred to the appropriate pressure to harass or block harvesting of ma- the bipartisan Senate NATO Observer committees. rine mammals by Alaska Natives; and Group. It is my hope that this pattern Whereas such international designations (The nominations received today are of consultation and cooperation will could be used to harass or block any com- printed at the end of the Senate pro- ensure that NATO and our broader Eu- mercial activity, including pipelines, rail- ceedings.) ropean policies continue to have the roads, and power transmission lines; and f Whereas the President and the executive sustained bipartisan support that was branch of the United States have, by Execu- so instrumental to their success PETITIONS AND MEMORIALS tive Order and other agreements, imple- throughout the decades of the Cold mented these designations without approval War. The following petitions and memo- by the Congress; and The American people today are the rials were laid before the Senate and Whereas actions by the President in apply- direct beneficiaries of the extraor- were referred or ordered to lie on the ing international agreements to lands owned dinary sacrifices made by our fellow table as indicated: by the United States may circumvent the citizens in the many theaters of that POM–337. A joint resolution adopted by the Congress; and Legislature of the State of Alaska; to the Whereas Congressman Don Young intro- ‘‘long twilight struggle,’’ and in the duced House Resolution No. 901 in the 105th two world wars that preceded it. Those Committee on Energy and Natural Re- sources. Congress entitled the ‘‘American Lands Sov- efforts aimed in large part to create ereignty Protection Act of 1997’’ that re- across the breadth of Europe a lasting, HOUSE JOINT RESOLUTION NO. 14 quired the explicit approval of the Congress democratic peace. The enlargement of Whereas the United Nations has designated prior to restricting any use of United States NATO represents an indispensable part 67 sites in the United States as ‘‘World Herit- land under international agreements; age Sites’’ or ‘‘Biosphere Reserves,’’ which of today’s program to finish building Be it resolved, That the Alaska State Legis- altogether are about equal in size to the lature supports the ‘‘American Lands Sov- such a peace, and therefore to repay a State of Colorado, the eighth largest state; ereignty Protection Act’’ that reaffirms the portion of the debt we owe to those and constitutional authority of the Congress as who went before us in the quest for Whereas art. IV, sec. 3, United States Con- the elected representatives of the people freedom and security. stitution, provides that the United States over the federally owned land of the United The rise of new challenges in other Congress shall make all needed regulations States. regions does not in any way diminish governing lands belonging to the United Copies of this resolution shall be sent to the necessity of consolidating the in- States; and the Honorable Ted Stevens and the Honor- creased level of security that Europe Whereas many of the United Nations’ des- able Frank Murkowski, U.S. Senators, and ignations include private property the Honorable Don Young, U.S. Representa- has attained at such high cost. To the inholdings and contemplate ‘‘buffer zones’’ of tive, members of the Alaska delegation in contrary, our policy in Europe, includ- adjacent land; and Congress. ing the Protocols I transmit herewith, Whereas some international land designa- can help preserve today’s more favor- tions such as those under the United States POM–338. A concurrent resolution adopted able security environment in the trans- Biosphere Reserve Program and the Man and by the Legislature of the State of West Vir- atlantic area, thus making it possible Biosphere Program of the United Nations ginia; to the Committee on Foreign Rela- to focus attention and resources else- Scientific, Educational, and Culture Organi- tions. where while providing us with addi- zation operate under independent national HOUSE CONCURRENT RESOLUTION 3 committees such as the United States Na- Whereas, The United States is a signatory tional Allies and partners to help share tional Man and Biosphere Committee that our security burdens. to the 1992 United Nations Framework Con- have no legislative directives or authoriza- vention of Global Climate Change; and The century we are now completing tion from the Congress; and Whereas, In December, 1997, the United has been the bloodiest in all of human Whereas these international designations States participated in negotiations in Kyoto, history. Its lessons should be clear to as presently handled are an open invitation Japan, resulting in the agreement known as us: the wisdom of deterrence, the value to the international community to interfere the Kyoto Protocol, which calls for the of strong Alliances, the potential for in domestic economies and land use deci- United States to reduce emissions of green- overcoming past divisions, and the im- sions; and house gases by 7 percent from 1990 levels dur- perative of American engagement in Whereas local citizens and public officials ing the period A.D. 2008 to 2012, with poten- concerned about job creation and resource Europe. The NATO Alliance is one of tially larger reductions thereafter; and based economies usually have no say in the Whereas, The United States delegation the most important embodiments of designation of land near their homes for in- signed the Protocol on December 10, 1997; these truths, and it is in the interest of clusion in an international land use pro- and the United States to strengthen this gram; and Whereas, The Kyoto Protocol calls for re- proven institution and adapt it to a Whereas former Assistant Secretary of the ductions by other industrial nations from new era. The addition to this Alliance Interior George T. Frampton, Jr., and the 1990 levels by 6 to 8 percent during the same of Poland, Hungary, and the Czech Re- President used the fact that Yellowstone Na- period; and public is an essential part of that pro- tional Park had been designated as a ‘‘World Whereas, Developing nations are exempted Heritage Site’’ as justification for inter- from greenhouse gas emission limitation re- gram. It will help build a Europe that vening in the environmental impact state- quirements of the Framework Convention can be integrated, democratic, free, ment process and blocking possible develop- and refused to accept any new commitments and at peace for the first time in its ment of an underground mine on private for such limitations during the negotiations history. It can help ensure that we and land in Montana outside of the park; and of the Kyoto Protocol; and

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A bill to suspend temporarily would bind the United States to more than a By Mr. MURKOWSKI, from the Committee the duty on pigment red 177; to the 35 percent reduction in carbon dioxide emis- on Energy and Natural Resources: Committee on Finance. sions between 2008 and 2012; and Special Report entitled ‘‘History, Jurisdic- Whereas, Research has not reached con- tion, and a Summary of Activities of the LEGISLATION TO SUSPEND TEMPORARILY THE vincing proof that fossil fuel related emis- committee on Energy and Natural Resources DUTY ON CERTAIN CHEMICALS sions is in fact creating global climate During the 104th Congress’’ (Rept. No. 105– changes; and 160). Mr. ROTH. Mr. President, I rise today to introduce nine bills to sus- Whereas, Economic impact studies by the f United States government estimate that the pend temporarily the imposition of du- requirements of the treaty could result in EXECUTIVE REPORTS OF ties on the importation of certain prod- the loss of 900,000 jobs, increased energy COMMITTEES ucts. prices, losses of output in energy intensive industries such as aluminum, steel, rubber, The following executive reports of I am pleased to introduce six bills to chemical and utility production and espe- committees were submitted: suspend temporarily the imposition of cially the coal industry; and By Mr. MURKOWSKI, from the Committee duties on imports of certain chemicals Whereas, The State of West Virginia, being on Energy and Natural Resources: used in the production of pesticides. dependent upon these industries and espe- Margaret Hornbeck Greene, of Kentucky, These chemicals are deltamethrin, cially upon the coal industry, would experi- to be a Member of the Board of Directors of diclofop-methyl, piperonyl butoxide, ence these effects severely, including the the United States Enrichment Corporation resmethrin, thidiazuron and possible loss of thousands of jobs; and for a term expiring February 24, 2003. tralomethrin. By temporarily sus- Whereas, The President of the United Donald J. Barry, of Wisconsin, to be As- States pledged on October 22, 1997, that the sistant Secretary for Fish and Wildlife. pending the imposition of duties, these bills would help AgrEvo USA, a com- United States will not assume binding obli- (The above nominations were re- gations unless key developing nations mean- pany located in Wilmington, Delaware, ported with the recommendation that ingfully participate in this effort; and lower its cost of production and im- they be confirmed, subject to the nomi- Whereas, The failure of key developing na- prove its competitiveness. tions to participate will create unfair com- nees’ commitment to respond to re- petitive imbalances between the United quests to appear and testify before any I am also pleased to introduce three States and these developing nations, poten- duly constituted committee of the Sen- bills to suspend temporarily the impo- tially leading to the transfer of jobs vital to ate.) sition of duties on imports of Pigment the West Virginia economy to developing na- Yellow 109, Yellow 110 and Pigment f tions; and Red 177. These high quality coloring Whereas, On July 25, 1997, the United STATEMENTS ON INTRODUCED materials are imported for sale in the States Senate adopted Senate Resolution No. BILLS AND JOINT RESOLUTIONS 98, expressing the sense of the Senate that United States by Ciba Specialty the United States should not be a signatory By Mr. ROTH: Chemicals Corporation (Pigments Divi- to any protocol or to any other agreement S. 1622. A bill to suspend temporarily sion), a company located in Newport, which would require the advice and consent the duty on deltamethrin; to the Com- Delaware. By temporarily suspending of the Senate to ratify, and which would mittee on Finance. the imposition of duties, these bills mandate new commitments to mitigate S. 1623. A bill to suspend temporarily will reduce significantly the cost of greenhouse gas emissions unless the protocol the duty on diclofop-methyl; to the coloring materials that are used in a or agreement mandates commitments and wide variety of finished products, in- compliance by developing nations; therefore, Committee on Finance. be it S. 1624. A bill to suspend temporarily cluding automotive parts, vinyl floor- Resolved by the Legislature of West Virginia, the duty on piperonyl butoxide; to the ing, carpet fibers and plastic utensils. That the President of the United States is Committee on Finance. I ask unanimous consent that these requested not to sign the Kyoto Protocol so S. 1625. A bill to suspend temporarily bills be printed in the RECORD. long as the possibility of all above men- the duty on resmethrin; to the Com- tioned negative effects upon the American mittee on Finance. There being no objection, the bills economy exists; and, be it S. 1626. A bill to suspend temporarily were ordered to be printed in the Further Resolved, That, in the event that RECORD, as follows: the President signs the Kyoto Protocol, the the duty on thidiazuron; to the Com- Senate of the United States is requested to mittee on Finance. S. 1622 refuse ratification of the Protocol so long as S. 1627. A bill to suspend temporarily the possibility of said effects exits; and, be it the duty on tralomethrin; to the Com- Be it enacted by the Senate and House of Rep- Further Resolved, That the Clerk of the mittee on Finance. resentatives of the United States of America in Congress assembled, House of Delegates shall, immediately upon S. 1628. A bill to suspend temporarily its adoption, transmit duly authenticated the duty on synthetic organic coloring SECTION 1. TEMPORARY SUSPENSION OF DUTY. copies of this resolution to the President of matter c.i. pigment yellow 109; to the the United States, to the President Pro Tem- (a) IN GENERAL.—Subchapter II of chapter pore and the Secretary of the United States Committee on Finance. 99 of the Harmonized Tariff Schedule of the Senate, and to the United States Senators S. 1629. A bill to suspend temporarily United States is amended by inserting in nu- representing West Virginia. the duty on synthetic organic coloring merical sequence the following new heading:

‘‘ 9902.30.18 (1R,3R)-3(2,2-dibromovinyl)-2,2-dimethylcyclopropane-carboxylic acid (S)- alpha-cyano-3-phenoxybenzyl ester (deltamethrin) in bulk or in forms or packings for retail sale (CAS No. 52918–63–5) (provided for in subheading 2926.90.30 or 3808.10.25) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment SECTION 1. TEMPORARY SUSPENSION OF DUTY. S. 1624 made by this section applies with respect to (a) IN GENERAL.—Subheading 9902.30.16 of goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day Representatives of the United States of America after the date of enactment of this Act. United States is amended by striking ‘‘12/31/ in Congress assembled, 98’’ and inserting ‘‘12/31/2000’’. SECTION 1. TEMPORARY SUSPENSION OF DUTY. (b) EFFECTIVE DATE.—The amendment S. 1623 made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse 99 of the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by inserting in nu- Congress assembled, after the date of enactment of this Act. merical sequence the following new heading:

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‘‘ 9902.32.99 5-[[2-(2-butoxyethoxy)ethoxy]m ethyl]-6-propyl-1,3-benzodioxole (piperonyl butoxide) (CAS No. 51–03–6) (provided for in subheading 2932.99.60) ...... Free No change No change On or before 12/31/2000 .... ’’.

(b) EFFECTIVE DATE.—The amendment S. 1625 SECTION 1. TEMPORARY SUSPENSION OF DUTY. made by this section applies with respect to Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Subchapter II of chapter goods entered, or withdrawn from warehouse resentatives of the United States of America in 99 of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day Congress assembled, United States is amended by inserting in nu- after the date of enactment of this Act. merical sequence the following new heading:

‘‘ 9902.32.19 [5-(phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-1-propenyl) cyclopropanecarboxylate (resmethrin) (CAS No. 10453–86–8) (provided for in subheading 2932.19.10) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment SECTION 1. TEMPORARY SUSPENSION OF DUTY. S. 1627 made by this section applies with respect to (a) IN GENERAL.—Subheading 9902.30.17 of Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by striking ‘‘12/31/ Congress assembled, after the date of enactment of this Act. 98’’ and inserting ‘‘12/31/2000’’. SECTION 1. TEMPORARY SUSPENSION OF DUTY. (b) EFFECTIVE DATE.—The amendment S. 1626 made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter Be it enacted by the Senate and House of Rep- goods entered, or withdrawn from warehouse 99 of the Harmonized Tariff Schedule of the resentatives of the United States of America in for consumption, on or after the 15th day United States is amended by inserting in nu- Congress assembled, after the date of enactment of this Act. merical sequence the following new heading:

‘‘ 9902.30.19 Cyclopropanecarboxylic acid, 2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl)-, cyano(3-phenoxyphenyl)methyl ester (tralomethrin) in bulk or in forms or packages for retail sale (CAS No. 66841–25–6) (provided for in subheading 2926.90.30 or 3808.10.25) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment S. 1628 SECTION 1. TEMPORARY SUSPENSION OF DUTY made by this section applies with respect to ON C.I. PIGMENT YELLOW 109. goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of Rep- Subchapter II of chapter 99 of the Har- for consumption, on or after the 15th day resentatives of the United States of America in monized Tariff Schedule of the United States after the date of enactment of this Act. Congress assembled, is amended by inserting in numerical se- quence the following new heading:

‘‘ 9902.32.00 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction product with 2-methyl-1,3-benzenediamine and sodium methoxide (CAS No. 106276-79-3) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. SEC. 2. EFFECTIVE DATE. S. 1629 SECTION 1. TEMPORARY SUSPENSION OF DUTY The amendment made by this Act applies Be it enacted by the Senate and House of Rep- ON C.I. PIGMENT YELLOW 110. with respect to goods entered, or withdrawn resentatives of the United States of America in (a) IN GENERAL.—Subchapter II of chapter from warehouse for consumption, on or after Congress assembled, 99 of the Harmonized Tariff Schedule of the the 15th day after the date of the enactment United States is amended by inserting in nu- of this Act. merical sequence the following new heading:

‘‘ 9902.32.05 Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-,methyl ester, reaction products with p-phenylenediamine and sodium methoxide (CAS No. 106276-80-6) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment S. 1630 SECTION 1. TEMPORARY SUSPENSION OF DUTY. made by this section applies with respect to (a) IN GENERAL.—Subchapter II of chapter goods entered, or withdrawn from warehouse Be it enacted by the Senate and House of Rep- 99 of the Harmonized Tariff Schedule of the for consumption, on or after the 15th day resentatives of the United States of America in United States is amended by inserting in nu- after the date of the enactment of this Act. Congress assembled, merical sequence the following new heading:

‘‘ 9902.30.58 Pigment red 177 (CAS No. 4051–63–2) (provided for in subheading 3204.17.04) ...... Free No change No change On or before 12/31/2000 .... ’’. (b) EFFECTIVE DATE.—The amendment THE PARENTAL FREEDOM OF INFORMATION ACT sion by your child’s school to perform made by this section applies with respect to Mr. HUTCHINSON. Mr. President, psychological exams on your son or goods entered, or withdrawn from warehouse for consumption, on or after the 15th day imagine, if you will, that your daugh- daughter. Should you as a parent in after the date of enactment of this Act. ter is given an assignment by her that situation have a right to approve teacher which requires her to keep a of this exam before it takes place? By Mr. HUTCHINSON (for him- journal, not just a journal of her own Should you as a parent at least be in- self, Mr. DEWINE, Mr. SMITH of intimate and very private thoughts, formed about the impending exams? New Hampshire, Mr. CRAIG, Ms. but of answers to questions that have Finally, Mr. President, imagine that COLLINS, Mr. INHOFE, Mr. FAIR- been posed to her by her teacher. your son is required to take a class in CLOTH, and Mr. HELMS): Should you as a parent have a right to S. 1631. A bill to amend the General know what questions the teacher has ‘‘decisionmaking’’ which you are con- Education Provisions Act to allow par- posed, what questions the teacher has cerned may include discussion of issues ents access to certain information; to asked? that might violate or be contrary to the Committee on Labor and Human Now imagine that a research team the teachings you have espoused and Resources. from a local university is given permis- inculcated in your children in the

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S666 CONGRESSIONAL RECORD — SENATE February 11, 1998 home.Should you, in that cir- the starting point of American edu- actively involved in the education and cumstance, as a parent have a right to cation is parental expectations and pa- upbringing of their children. We don’t review the classroom material prior to rental involvement with their chil- want our public schools to be social or- enrolling your children in that par- dren’s education’’ and that schools phanages that take care of the children ticular class, in that decisionmaking must ‘‘establish a supportive environ- from breakfast until supper. class? ment for family involvement.’’ Then, on the other hand, we allow Despite this important parental role, In each of these three examples, the policies to be enacted in local schools Secretary Riley pointed out that clear and, I think, the obvious answer across this country that resist that ‘‘many parents feel that their right to is yes, parents, as those to whom pri- very desire by many parents, that mary responsibility for the education be involved in school policy—to be full participants in the learning process—is make it difficult, if not impossible, to of their children is entrusted, should be access critical materials being used in allowed to know what questions their being ignored, frustrated or even de- the education of their children. children are being asked; parents nied.’’ In short, Secretary Riley noted The Parental Freedom of Informa- should have the right to decide wheth- that many parents simply do not feel er or not their children are examined ‘‘valued’’ by the schools that educate tion Act will provide parents access to psychologically; parents should have their children. curriculum and to the testing mate- the right to review their children’s cur- So today, I am introducing legisla- rials administered to their children, riculum. tion that will value the role of parents and it will require parental consent Unfortunately, the above examples in educating their children. It will help prior to any student being subjected to are not just random hypotheticals that to establish a supportive environment medical, psychological or psychiatric I dreamed up or that I had my staff for families by guaranteeing parents a examinations, testing or treatment at dream up. These are real-world exam- place at the table in decisions central the school. ples of how public schools are currently to the creation and implementation of This legislation is very basic and usurping the rights of parents to be in- education policies within their local straightforward and, I think, is just formed about the education of their schools. plain common sense. This legislation children. This legislation builds on the already will empower parents by providing Mr. and Mrs. Robinson from Sheri- well-established principles outlined in them access to the information they dan, AR, have yet to learn what ques- the 1974 Family Education Rights and need to oversee and direct the edu- tions were posed to their daughter by Privacy Act, which ensures that par- cation of their children and will slow, her teacher in an in-class journaling ents have access to all records which and hopefully reverse, the establish- assignment. Parents in Monroeville, public schools maintain on their chil- ment of schools as public orphanages. PA, have yet to obtain their children’s dren. The Parental Freedom of Infor- I look forward to pursuing this legis- records maintained as a part of a re- mation Act, which I am introducing lation in committee and with my col- search project run in their children’s today, will strengthen the rights of leagues in the Senate. school by the University of Pittsburgh. parents by guaranteeing them access Mr. President, I ask unanimous con- Parents in California have been forced to the curriculum being used to teach sent that the text of the bill be printed to go to court to view the curriculum their children. Current law, the 1974 in the RECORD. being used in their local school for a law, ensures that parents will have ac- There being no objection, the bill was class that they fear may delve into cess to the records and files that are deeply personal matters. ordered to be printed in the RECORD, as maintained on their children. But we follows: How can this be the case? How can we need to go a step further. We need to have this situation in a country found- build on that successful 1974 legislation S. 1631 ed on the principles of freedom, in a by ensuring that parents also have the Be it enacted by the Senate and House of Rep- country that has always respected the right to access the curriculum being resentatives of the United States of America in parents’ ultimate authority in the used to teach their children. I think it Congress assembled, rearing and education of their chil- is a reasonable provision which allows SECTION 1. SHORT TITLE. dren? How can parents be denied basic parents to review their children’s text- This Act may be cited as the ‘‘Parental information relating to their children’s books, audio-visual materials, manu- Freedom of Information Act’’. education? als, journals, films and any other sup- The answer may lie in a book re- SEC. 2. INFORMATION ACCESS AND CONSENT. plemental material used to educate cently published by Eric Buehrer enti- (a) IN GENERAL.—Section 444 of the General their children. tled ‘‘The Public Orphanage.’’ In this Education Provisions Act (20 U.S.C. 1232g) is On the surface, one would think this book, Mr. Buehrer points out that pub- amended by adding at the end the following: legislation shouldn’t be necessary. I ‘‘(i) INSTRUCTIONAL AND TESTING MATE- lic schools have become ‘‘one-stop so- think most Americans assume that RIALS.— cial service agencies’’ attempting to parents already have the right to go ‘‘(1) IN GENERAL.—No funds shall be made address the needs of children that were available under any applicable program to traditionally the responsibility of the into the school and ask to see the books, ask to see the curriculum mate- any educational agency or institution that children’s parents. has a policy of denying, or that effectively Whether this trend is the errant re- rials, ask to see the supplemental ma- prevents, the parent of an elementary school sult of a legitimate attempt to fill the terials, ask permission to view a film or secondary school student served by such void left in children’s lives with the that might be shown to their children, agency or at such institution, as the case breakdown of the American family, or to look at the journals that are in the may be, the right to inspect and review any whether this trend is part of a more library, and to have basic access to all instructional material used with respect to sinister philosophy based on belief that of the information and all of the cur- the educational curriculum of, or testing riculum materials being used in the material administered to, the student. Each ‘‘Washington or Government knows educational agency or institution shall es- best,’’ it is a trend that is leading to education of their children. But unfor- tunately, the record is now replete tablish appropriate procedures for the grant- lower educational achievement and to ing of a request by parents for access to the less clearly defined standards of right with examples of where parents have instructional material or testing material and wrong for our Nation’s children. In run into a stone wall and have met stiff within a reasonable period of time, but in no short, I think it is a trend that we resistance when they have tried to ob- case more than 30 days after the request has should not allow to continue. tain that kind of basic educational in- been made. The importance of parents in the formation. Information which is so es- ‘‘(2) DEFINITIONS.—In this subsection: education of their children was clearly sential to the education of their chil- ‘‘(A) INSTRUCTIONAL MATERIAL.—The term emphasized in 1994 by Secretary of dren. ‘instructional material’ means a textbook, Education Richard Riley in testimony So we say on one hand, we want par- audio/visual material, manual, journal, film, tape, or any other material supplementary before the Committee on Labor and ents to be supportive, we want parents to the educational curriculum of a student. Human Resources. In this testimony, to be involved, we want parents to at- ‘‘(B) TESTING MATERIAL.—The term ‘testing Secretary Riley, I think very power- tend PTA, we want them to attend par- material’ means a copy of any test (without fully and poignantly, emphasized that ent-teacher conferences, we want them responses) that is administered to a student ‘‘Thirty years of research tells us that to show by their actions that they are during the current or preceding school year,

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 8476 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S667 and if available, any statistical comparison bill, and that it can be ready for inclu- GLENN], the Senator from Mississippi data regarding the test results with respect sion when Senate begins work on com- [Mr. COCHRAN], the Senator from Cali- to the student’s age or grade level. The term prehensive duty suspension legislation fornia [Mrs. BOXER], and the Senator does not include a nonclassroom diagnostic this year. from Montana [Mr. BURNS] were added test, a standardized assessment or standard- ized achievement test, or a test subject to a Mr. President, I ask unanimous con- as cosponsors of S. 1305, a bill to invest copyright agreement. sent that the bill be printed in the in the future of the United States by ‘‘(j) RIGHT OF ACCESS.— RECORD. doubling the amount authorized for ‘‘(1) IN GENERAL.—A parent of an elemen- There being no objection, the bill was basic scientific, medical, and pre-com- tary school or secondary school student ordered to be printed in the RECORD, as petitive engineering research. whose right to gain access to information or follows: S. 1308 material made available to the parent under S. 1633 At the request of Mr. BREAUX, the this section during the 30-day compliance pe- riod set forth in subsection (a)(1) or (i)(1) is Be it enacted by the Senate and the House of name of the Senator from North Caro- knowingly or negligently violated may Representatives of the United States of America lina [Mr. FAIRCLOTH] was added as a co- maintain an action for appropriate relief in Congress assembled, that sponsor of S. 1308, a bill to amend the after the last day of such period. Appropriate (a) Subchapter II of Chapter 99 of the Har- Internal Revenue Code of 1986 to ensure relief includes equitable or declaratory relief monized Tariff Schedule of the United States taxpayer confidence in the fairness and and reasonably incurred litigation costs, in- is amended by inserting in numerical se- quence the following new heading: independence of the taxpayer problem cluding a reasonable attorney’s fee. resolution process by providing a more ‘‘(2) LIMITATION.—A civil action under this independently operated Office of the subsection may not commence more than 2 years after the last day of the 30-day compli- ‘‘9902.81.20 Other textile printing Free No No On or be- Taxpayer Advocate, and for other pur- ance period set forth in subsection (a)(1) or machinery (pro- change change fore 12/ poses. vided for in sub- 31/99’’ (i)(1). heading S. 1321 ‘‘(k) PARENTAL CONSENT.—No funds shall 8443.59.10) At the request of Mrs. MURRAY, her be made available under any applicable pro- (b) The amendment made by subsection (a) name was added as a cosponsor of S. gram to an educational agency or institution shall apply to goods entered, or withdrawn 1321, a bill to amend the Federal Water that, as part of an applicable program and from warehouse for consumption, on or after Pollution Control Act to permit grants without the prior, written, informed consent the date that is 15 days after the date of the for the national estuary program to be of the parent of a student, requires the stu- enactment of this Act. dent— used for the development and imple- (c) Notwithstanding section 514 of the Tar- mentation of a comprehensive con- ‘‘(1) to undergo medical, psychological, or iff Act of 1930 or any other provision of law, psychiatric examination, testing, treatment, upon proper request filed with the Customs servation and management plan, to re- or immunization (except in the case of a Service within 180 days after the date of the authorize appropriations to carry out medical emergency); or enactment of this Act, any entry, or with- the program, and for other purposes. ‘‘(2) to reveal any information about the drawal from warehouse for consumption, of S. 1334 student’s personal or family life (except to goods described in subheading 8443.59.10 of the extent necessary to comply with the At the request of Mr. BOND, the name the Harmonized Tariff Schedule of the of the Senator from Kentucky [Mr. Child Abuse Prevention and Treatment Act United States— MCCONNELL] was added as a cosponsor (42 U.S.C. 5101 et seq.)).’’. (1) which was made after December 31, 1997, (b) RIGHT OF ACCESS.—The third sentence and before the date that is 15 days after the of S. 1334, a bill to amend title 10, of section 444(a)(1)(A) of the General Edu- date of the enactment of this Act, and United States Code, to establish a dem- cation Provisions Act (20 U.S.C. (2) with respect to which there would have onstration project to evaluate the fea- 1232g(a)(1)(A)) is amended by striking ‘‘forty- been no duty if the amendment made by sub- sibility of using the Federal Employees five’’ and inserting ‘‘30’’. section (a) applied to such entry or with- Health Benefits program to ensure the drawal, By Mr. CHAFEE: availability of adequate health care for S. 1633. A bill to suspend through De- shall be liquidated or reliquidated as if such Medicare-eligible beneficiaries under amendment applied to such entry or with- the military health care system. cember 31, 1999, the duty on certain drawal. textile machinery; to the Committee S. 1365 on Finance. f At the request of Ms. MIKULSKI, the DUTY SUSPENSION LEGISLATION ADDITIONAL COSPONSORS name of the Senator from California [Mrs. BOXER] was added as a cosponsor Mr. CHAFEE. Mr. President, this S. 112 of S. 1365, a bill to amend title II of the afternoon I am introducing legislation At the request of Mr. MOYNIHAN, the Social Security Act to provide that the to suspend the duty on the importation name of the Senator from Rhode Island reductions in social security benefits of certain textile printing machines [Mr. REED] was added as a cosponsor of which are required in the case of that are used by textile manufacturers S. 112, a bill to amend title 18, United spouses and surviving spouses who are in the United States. States Code, to regulate the manufac- also receiving certain Government pen- These particular machines are used ture, importation, and sale of ammuni- sions shall be equal to the amount by for the printing of patterns, designs tion capable of piercing police body which two-thirds of the total amount and motifs on fabrics—an important armor. process in the making of textile goods. of the combined monthly benefit (be- S. 879 However, none of these machines are fore reduction) and monthly pension At the request of Mr. FEINGOLD, the made in the United States. That means exceeds $1,200, adjusted for inflation. name of the Senator from Illinois [Mr. domestic manufacturers must import S. 1391 DURBIN] was added as a cosponsor of S. these machines at considerable cost, At the request of Mr. DODD, the 879, a bill to provide for home and com- which does not help their ability to names of the Senator from Arkansas munity-based services for individuals compete in what is an increasingly [Mr. BUMPERS], the Senator from with disabilities, and for other pur- challenging market. Yet since there is Rhode Island [Mr. CHAFEE], the Senator poses. no domestic industry producing these from Illinois [Mr. DURBIN], the Senator machines, the duties serve little pur- S. 1252 from Wisconsin [Mr. FEINGOLD], the pose. At the request of Mr. D’AMATO, the Senator from California [Mrs. FEIN- The bill I am introducing would lift name of the Senator from Michigan STEIN], the Senator from Iowa [Mr. the duty imposed on these machines. It [Mr. LEVIN] was added as a cosponsor of HARKIN], the Senator from Massachu- is my hope that by doing so, we will be S. 1252, a bill to amend the Internal setts [Mr. KENNEDY], the Senator from helping the textile industry in this Revenue Code of 1986 to increase the Massachusetts [Mr. KERRY], the Sen- country to improve its competitiveness amount of low-income housing credits ator from Nebraska [Mr. KERREY], the and maintain its workforce, both in which may be allocated in each State, Senator from Indiana [Mr. LUGAR], the Rhode Island and around the nation. and to index such amount for inflation. Senator from New York [Mr. MOY- By introducing this legislation S. 1305 NIHAN], the Senator from Rhode Island today, I believe there should be ample At the request of Mr. GRAMM, the [Mr. REED], and the Senator from Min- time for review and comment on the names of the Senator from Ohio [Mr. nesota [Mr. WELLSTONE] were added as

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S668 CONGRESSIONAL RECORD — SENATE February 11, 1998 cosponsors of S. 1391, a bill to authorize tion of payment under the medicare S. 1611 the President to permit the sale and program for home health services con- At the request of Mrs. FEINSTEIN, the export of food, medicines, and medical sisting of venipuncture solely for the name of the Senator from Illinois (Ms. equipment to Cuba. purpose of obtaining a blood sample, MOSELEY-BRAUN) was added as a co- S. 1396 and to require the Secretary of Health sponsor of S. 1611, A bill to amend the At the request of Mr. JOHNSON, the and Human Services to study potential Public Health Service Act to prohibit name of the Senator from Nevada [Mr. fraud and abuse under such program any attempt to clone a human being REID] was added as a cosponsor of S. with respect to such services. using somatic cell nuclear transfer and 1396, a bill to amend the Child Nutri- S. 1593 to prohibit the use of Federal funds for tion Act of 1966 to expand the School At the request of Mr. BREAUX, the such purposes, to provide for further Breakfast Program in elementary name of the Senator from Nevada (Mr. review of the ethical and scientific schools. REID) was added as a cosponsor of S. issues associated with the use of so- S. 1406 1593, A bill to amend the Controlled matic cell nuclear transfer in human beings, and for other purposes. At the request of Mr. SMITH, the Substances Act and the Controlled names of the Senator from Oregon [Mr. Substances Import and Export Act S. 1618 WYDEN], the Senator from North Da- with respect to penalties for powder co- At the request of Mr. MCCAIN, the kota [Mr. DORGAN], and the Senator caine and crack cocaine offenses. name of the Senator from North Da- ORGAN from Nebraska [Mr. HAGEL] were added S. 1599 kota (Mr. D ) was added as a co- sponsor of S. 1618, A bill to amend the as cosponsors of S. 1406, a bill to amend At the request of Mr. HELMS, his Communications Act of 1934 to improve section 2301 of title 38, United States name was added as a cosponsor of S. the protection of consumers against Code, to provide for the furnishing of 1599, A bill to amend title 18, United ‘‘slamming’’ by telecommunications burial flags on behalf of certain de- States Code, to prohibit the use of so- carriers, and for other purposes. ceased members and former members matic cell nuclear transfer technology of the Selected Reserve. for purposes of human cloning. S. 1619 At the request of Mr. MCCAIN, the S. 1422 At the request of Mr. BOND, the name names of the Senator from Alaska (Mr. At the request of Mr. MCCAIN, the of the Senator from Ohio (Mr. DEWINE) name of the Senator from Maine [Ms. was added as a cosponsor of S. 1599, STEVENS), the Senator from Hawaii (Mr. INOUYE), the Senator from Texas SNOWE] was added as a cosponsor of S. supra. (Mrs. HUTCHISON), and the Senator 1422, a bill to amend the Communica- S. 1601 from Wisconsin (Mr. KOHL) were added tions Act of 1934 to promote competi- At the request of Mr. HELMS, his tion in the market for delivery of mul- as cosponsors of S. 1619, A bill to direct name was added as a cosponsor of S. the Federal Communications Commis- tichannel video programming and for 1601, A bill to amend title 18, United other purposes. sion to study systems for filtering or States Code, to prohibit the use of so- blocking matter on the Internet, to re- S. 1461 matic cell nuclear transfer technology quire the installation of such a system At the request of Mr. LAUTENBERG, for purposes of human cloning. on computers in schools and libraries the name of the Senator from Oregon At the request of Mr. BOND, the name with Internet access, and for other pur- [Mr. SMITH] was added as a cosponsor of the Senator from Ohio (Mr. DEWINE) poses. of S. 1461, a bill to establish a youth was added as a cosponsor of S. 1601, SENATE JOINT RESOLUTION 30 mentoring program. supra. At the request of Mr. WARNER, the S. 1563 S. 1602 name of the Senator from Alabama At the request of Mr. SMITH, the At the request of Mrs. FEINSTEIN, the (Mr. SHELBY) was added as a cosponsor name of the Senator from Mississippi name of the Senator from Illinois (Ms. of Senate Joint Resolution 30, A joint [Mr. COCHRAN] was added as a cospon- MOSELEY-BRAUN) was added as a co- resolution designating March 1, 1998 as sor of S. 1563, A bill to amend the Im- sponsor of S. 1602, A bill to amend the ‘‘United States Navy Asiatic Fleet Me- migration and Nationality Act to es- Public Health Service Act to prohibit morial Day,’’ and for other purposes. tablish a 24-month pilot program per- any attempt to clone a human being At the request of Mrs. MURRAY, her mitting certain aliens to be admitted using somatic cell nuclear transfer and name was added as a cosponsor of Sen- into the United States to provide tem- to prohibit the use of Federal funds for ate Joint Resolution 30, supra. porary or seasonal agricultural serv- such purposes, to provide for further SENATE CONCURRENT RESOLUTION 30 ices pursuant to a labor condition at- review of the ethical and scientific At the request of Mr. HELMS, the testation. issues associated with the use of so- name of the Senator from Oklahoma S. 1577 matic cell nuclear transfer in human (Mr. NICKLES) was added as a cosponsor At the request of Mr. CHAFEE, the beings, and for other purposes. of Senate Concurrent Resolution 30, A name of the Senator from Mississippi S. 1604 concurrent resolution expressing the (Mr. COCHRAN) was added as a cospon- At the request of Mr. D’AMATO, the sense of the Congress that the Republic sor of S. 1577, A bill to amend the In- names of the Senator from Mississippi of China should be admitted to multi- ternal Revenue Code of 1986 to provide (Mr. COCHRAN), the Senator from lateral economic institutions, includ- additional tax relief to families to in- Vermont (Mr. JEFFORDS), and the Sen- ing the International Monetary Fund crease the affordability of child care, ator from South Carolina (Mr. HOL- and the International Bank for Recon- and for other purposes. LINGS) were added as cosponsors of S. struction and Development. S. 1578 1604, A bill to amend title XVIII of the SENATE RESOLUTION 171 At the request of Mr. COATS, the Social Security Act to repeal the re- At the request of Mr. SPECTER, the name of the Senator from Michigan striction on payment for certain hos- name of the Senator from Nevada (Mr. (Mr. ABRAHAM) was added as a cospon- pital discharges to post-acute care im- BRYAN) was added as a cosponsor of sor of S. 1578, A bill to make available posed by section 4407 of the Balanced Senate Resolution 171, A resolution on the Internet, for purposes of access Budget Act of 1997. designating March 25, 1998, as ‘‘Greek and retrieval by the public, certain in- S. 1605 Independence Day: A National Day of formation available through the Con- At the request of Mr. CAMPBELL, the Celebration of Greek and American De- gressional Research Service web site. names of the Senator from Rhode Is- mocracy.’’ S. 1580 land (Mr. REED) and the Senator from AMENDMENT NO. 1397 At the request of Mr. SHELBY, the Wisconsin (Mr. KOHL) were added as co- At the request of Mr. THURMOND his name of the Senator from West Vir- sponsors of S. 1605, A bill to establish a name was withdrawn as a cosponsor of ginia (Mr. BYRD) was added as a co- matching grant program to help Amendment No. 1397 intended to be sponsor of S. 1580, A bill to amend the States, units of local government, and proposed to S. 1173, A bill to authorize Balanced Budget Act of 1997 to place an Indian tribes to purchase armor vests funds for construction of highways, for 18-month moratorium on the prohibi- for use by law enforcement officers. highway safety programs, and for mass

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S669 transit programs, and for other pur- cision, and directs the U.S. Trade Rep- in the Kodak-Fuji case that went poses. resentative to take action if the EU against us. We do not have to like the f fails to do so. decision. But we have to respect the This dispute goes back to 1989 when dispute resolution process. SENATE CONCURRENT RESOLU- the EU banned all imports of meat The concurrent resolution also states TION 74—RELATIVE TO THE EU- from animals treated with growth hor- if the Europeans do not immediately ROPEAN UNION mones. About 90% of U.S. cattle is comply with the decision and open its Mr. GRASSLEY (for himself, Mr. treated with hormones. They have been markets, the U.S. Trade Representa- BOND, Mr. BROWNBACK, and Mr. ROB- found to be safe by every country that tive should take action. I leave it up to ERTS) submitted the following concur- has studied them. In fact, twice the EU the able USTR to decide what action is rent resolution; which was referred to commissioned its own scientists to appropriate. But we cannot stand by the Committee on Finance: study the hormones and found them to and allow this decision to be ignored. S. CON. RES. 74 be safe. Mr. President, enough is enough. The Mr. President, to put these growth Whereas the European Union has banned private sector and several government imports of United States beef treated with hormones in perspective: A person agencies have spent significant time hormones since 1989; would have to eat 169 pounds of beef and money attempting to resolve this Whereas 9 out of 10 United States cattle from an animal treated with a growth dispute. And they have been proven to are treated with growth promoting hor- hormone in order to consume the equal be correct. The European beef ban is mones; amount of that hormone present in simply a trade barrier, disguised as a Whereas growth promoting hormones have one, single egg. They are completely health concern. No scientific evidence been deemed safe by all countries that have safe for human consumption. exists to justify it. And the WTO has reviewed the use of such hormones, including Yet, nine years ago, the EU decided reviews by European Union scientists in 2 said so. Now is the time for the EU to separate studies; to ban this meat from coming into its end the ban and allow American farm- Whereas since the implementation of the market. At that time, there was little ers and ranchers a fair chance to com- European Union ban, United States cattle we could do to counter the ban. We ne- pete in the European market. producers have lost hundreds of millions of gotiated with the EU and even imposed dollars in exports; sanctions, but nothing has worked. f Whereas the United States beef industry Then came the Uruguay Round loses approximately $250,000,000 in annual Agreement. For the first time, mem- SENATE CONCURRENT RESOLU- sales due to the ban; bers of the GATT agreed to eliminate TION 75—HONORING THE SESQUI- Whereas the United States beef industry, trade barriers not founded on a sound, the United States Department of Agri- CENTENNIAL OF WISCONSIN culture, and the United States Trade Rep- scientific basis. In other words, trade STATEHOOD resentative have invested substantial re- decisions would be made on sound Mr. FEINGOLD (for himself and Mr. science, not political science. Clearly, sources to comply with strict dispute settle- KOHL) submitted the following concur- ment procedures of the World Trade Organi- the beef ban was not based on sound rent resolution; which was referred to zation; science. the Committee on the Judiciary. Whereas the Dispute Settlement panel and In 1996, the U.S. requested a WTO the Appellate Body of the World Trade Orga- panel to determine whether the EU S. CON. RES. 75 nization have ruled that the European had breached the Sanitary and Whereas the land that comprises the State Union’s ban of United States beef is not Phytosanitary Agreement of the Uru- of Wisconsin has been home to numerous Na- based on sound science or supported by a tive American tribes for many years; risk assessment and is therefore in violation guay Round. In August of last year, the Whereas Jean Nicolet, who was the first of the World Trade Organization’s Agree- panel found in favor of the U.S. posi- known European to land in what was to be- ment on the Application of Sanitary and tion and the decision was affirmed in come Wisconsin, arrived on the shores of Phytosanitary Measures; and January. So the WTO has decided that Green Bay in 1634; Whereas noncompliance by the European the European’s ban on U.S. beef vio- Whereas Father Jacques Marquette and Union regarding the ban on United States lates the S/PS Agreement and must be Louis Joliet discovered the Mississippi beef threatens the integrity of both the removed immediately. River, one of the principal waterways of Agreement on the Application of Sanitary Mr. President, you would think that North America, at Prairie du Chien on June and Phytosanitary Measures and the World would be the final word on this issue. 17, 1673; Trade Organization as a dispute settlement Whereas Charles de Langlade founded at body: Now, therefore, be it But the trade press is reporting that Green Bay the first permanent European set- Resolved by the Senate (the House of Rep- the Europeans are looking for ways tlement in Wisconsin in 1764; resentatives concurring), That it is the sense around the decision. They want to Whereas, before becoming a State, Wis- of the Congress that— study the issue a little longer. Even consin existed under 3 flags, becoming part (1) the United States expects the European though the ban has already been in of the British colonial territory under the Union to immediately and completely com- place for nine years. Treaty of Paris in 1763, part of the Province ply with the World Trade Organization’s rul- It seems to me that they have had of Quebec under the Quebec Act of 1774, and ing and grant United States beef producers enough time. Our farmers have suffered a territory of the United States under the access to the European market; and Second Treaty of Paris in 1783; (2) the United States Trade Representative the effects of this ban for too long. Whereas on July 3, 1836, the Wisconsin Ter- should take immediate action to open Euro- When the ban was put in place in 1989, ritory was created from part of the North- pean markets to United States beef pro- we were sending $100 million of beef an- west Territory with Henry Dodge as its first ducers in the event the European Union fails nually to Europe. If the ban was lifted, governor and Belmont as its first capital; to comply with the World Trade Organiza- it is estimated that beef exports would Whereas the city of Madison was chosen as tion’s ruling. total about $250 million per year. the Wisconsin Territory’s permanent capital Mr. GRASSLEY. Mr. President, I rise American beef producers literally have in the fall of 1836 and construction on the today to submit a concurrent resolu- lost hundreds of millions of dollars due Capitol Building began in 1837; tion to open the European market to Whereas, pursuant to legislation signed by to this unjustified ban. President James K. Polk, Wisconsin joined U.S. beef exports. Last month, the Ap- This concurrent resolution says to the United States as the 30th state on May pellate Body of the World Trade Orga- the Europeans, open your markets. 29, 1848; nization affirmed the earlier findings You would had your day in court, now Whereas members of Native American of the WTO that Europe’s ban on U.S. it is time to abide by the judge’s deci- tribes have greatly contributed to the unique beef violates commitments made under sion. culture and identity of Wisconsin by lending the Uruguay Round Agreement. The If the WTO is to have long-standing words from their languages to the names of decision should clear the way for U.S. legitimacy as an objective arbiter of many places in the State and by sharing beef producers to sell their product to international trade disputes, its deci- their customs and beliefs with others who chose to make Wisconsin their home; Europe. sions must be respected and complied Whereas the Wisconsin State Motto of This concurrent resolution requests with. We expect the Europeans to re- ‘‘Forward’’ was adopted in 1851; the European Union to open its market spect this decision, just as the United Whereas Chester Hazen built Wisconsin’s immediately, in light of the WTO’s de- States has complied with the decision first cheese factory in the town of Ladoga in

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S670 CONGRESSIONAL RECORD — SENATE February 11, 1998 1864, laying the groundwork for one of the COMMITTEE ON RULES AND ADMINISTRATION Wednesday, February 11, 1998 beginning State’s biggest industries; Mr. WARNER. Mr. President, I wish at 10:00 a.m. in room 215 Dirksen. Whereas Wisconsin established itself as a to announce that the Committee on The PRESIDING OFFICER. Without leader in recognizing the contributions of Af- Rules and Administration will meet in objection, it is so ordered. rican Americans by being the only State in the union to openly defy the Fugitive Slave SR–301, Russell Senate Office Building, COMMITTEE ON FOREIGN RELATIONS Law; on Wednesday, February 25, 1998 at 9:30 Mr. HUTCHINSON. Mr. President, I Whereas the first recognized Flag Day a.m. to conduct an oversight hearing ask unanimous consent that the Com- celebration in the United States took place on the strategic plan implementation mittee on Foreign Relations be author- at Stony Hill School in Waubeka, Wisconsin, including budget requests for the oper- ized to meet during the session of the on June 14, 1885; ations of the Office of the Secretary of Senate on Wednesday, February 11, 1998 Whereas Wisconsin has sent 859,489 of its the Senate, the Sergeant at Arms, and at 10:00 a.m. to hold a hearing. sons and daughters to serve the United the Architect of the Capitol. The PRESIDING OFFICER. Without States in the Civil War, the Spanish-Amer- ican War, World War I, World War II, Korea, For further information concerning objection, it is so ordered. Vietnam, the Persian Gulf, and Somalia; this hearing, please contact Ed Edens COMMITTEE ON LABOR AND HUMAN RESOURCES Whereas 26,653 Wisconsinites have lost of the Rules Committee staff at 224– Mr. HUTCHINSON. Mr. President, I their lives serving in the Armed Forces of 6678. ask unanimous consent that the Com- the United States; COMMITTEE ON RULES AND ADMINISTRATION mittee on Labor and Human Resources Whereas Wisconsin allowed African Ameri- Mr. WARNER. Mr. President, I wish Subcommittee on Public Health and cans the right to vote as early as 1866 and Safety be authorized to meet for a adopted a public accommodation law as to announce that the Committee on early as 1895; Rules and Administration will meet in hearing on Agency for Health Care Pol- Whereas on June 20, 1920, Wisconsin be- SR–301, Russell Senate Office Building, icy and Research during the session of came the first State to adopt the 19th on Thursday, February 26, 1998 at 9:30 the Senate on Wednesday, February 11, Amendment, granting women the right to a.m. to receive testimony from Senator 1998, at 9:30 a.m. vote; McCain on S. 1578, to make certain in- The PRESIDING OFFICER. Without Whereas in 1921 Wisconsin adopted a law formation available through the CRS objection, it is so ordered. establishing equal rights for women; web site; and to conduct an oversight SELECT COMMITTEE ON INTELLIGENCE Whereas Wisconsin celebrated the centen- nial of its statehood on May 29, 1948; hearing on the budget requests and op- Mr. HUTCHINSON. Mr. President, I Whereas many Wisconsinites have served erations of the Government Printing ask unanimous consent that the Select the people of Wisconsin and the people of the Office, the National Gallery of Art, and Committee on Intelligence be author- United States and have contributed to the the Congressional Research Service. ized to meet during the session of the common good in a variety of capacities, from For further information concerning Senate on Wednesday, February 11, 1998 inventor to architect, from furniture maker this hearing, please contact Ed Edens at 10:00 a.m. to hold an open hearing to Cabinet member, from brewer to Nobel of the Rules Committee staff at 224– and at 2:30 p.m. to hold a closed mark- Prize winner; 6678. up. Whereas the State of Wisconsin enjoys a The PRESIDING OFFICER. Without diverse cultural, racial, and ethnic heritage f objection, it is so ordered. that mirrors that of the United States; AUTHORITY FOR COMMITTEES TO Whereas May 29, 1998, marks the 150th an- SUBCOMMITTEE ON FINANCIAL INSTITUTIONS niversary of Wisconsin statehood; and MEET AND REGULATORY RELIEF Whereas a stamp commemorating Wiscon- COMMITTEE ON ENERGY AND NATURAL Mr. HUTCHINSON. Mr. President, I sin’s sesquicentennial will be issued by the RESOURCES ask unanimous consent that the Sub- United States Postal Service on May 29, 1998: Mr. HUTCHINSON. Mr. President, I committee on Financial Institutions Now therefore, be it ask unanimous consent that the Com- and Regulatory Relief of the Com- Resolved by the Senate (the House of Rep- mittee on Banking, Housing, and resentatives concurring), That Congress— mittee on Energy and Natural Re- (1) honors the proud history of Wisconsin sources be granted permission to meet Urban Affairs be authorized to meet statehood; and during the session of the Senate on during the session of the Senate on (2) encourages all Wisconsinites to reflect Wednesday, February 11, for purposes Wednesday, February 11, 1998, to con- on the State’s distinguished past and look of conducting a Full Committee busi- duct a hearing on bankruptcy reform. forward to the State’s promising future. ness meeting which is scheduled to The PRESIDING OFFICER. Without SEC. 2. TRANSMITTAL OF CONCURRENT RESOLU- begin at 9:30 a.m. The purpose of this objection, it is so ordered. TION. business meeting is to consider pending f Congress directs the Secretary of the Sen- calendar business. ate to transmit an enrolled copy of this con- ADDITIONAL STATEMENTS current resolution to each member of the The PRESIDING OFFICER. Without Wisconsin Congressional Delegation, the objection, it is so ordered. Governor of Wisconsin, the National Ar- COMMITTEE ON ENERGY AND NATURAL HERO OF THE HOLOCAUST chives, the State Historical Society of Wis- RESOURCES ∑ Mr. LIEBERMAN. Mr. President, I consin, and the members of the Wisconsin Mr. HUTCHINSON. Mr. President, I Sesquicentennial Commission. rise to pay tribute to Mr. Hiram Bing- ask unanimous consent that the Com- ham IV, a Connecticut native, who f mittee on Energy and Natural Re- risked his life and sacrificed his career sources be granted permission to meet to rescue thousands of Jews from the NOTICES OF HEARINGS during the session of the Senate on Nazis while serving as a U.S. diplomat PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Wednesday, February 11, for purposes in Vichy France. Mr. Bingham per- Ms. COLLINS. Mr. President, I would of conducting a full committee hearing formed these services despite the oppo- like to announce for the information of which is scheduled to begin at 9:30 a.m. sition of his superiors in France and in the Senate and the public that the Per- The purpose of this hearing is to re- Washington, displaying a courage of manent Subcommittee on Investiga- ceive testimony on S. 1069, a bill to conviction which demands both our tions of the Committee on Govern- designate the American Discovery recognition and greatest respect. mental Affairs, will hold a field hear- Trail as a national trail, a newly estab- Hiram Bingham IV died in 1987 and it ing over the President’s Day Holiday in lished national trail category, and S. was only last year that his son, Wil- Portland, Maine on Unauthorized Long 1403, a bill to establish a historic light- liam S. Bingham, discovered the Distance Switching (‘‘Slamming’’). house preservation program, within the records which brought his father’s ex- This hearing will take place on National Park Service. ploits to light. Survivors whom Hiram Wednesday, February 18th, 1998, at 9:30 The PRESIDING OFFICER. Without Bingham helped rescue have now peti- a.m., at the Portland City Hall Council objection, it is so ordered. tioned Yad Vashem, Israel’s Holocaust Chambers, 389 Congress Street, Port- COMMITTEE ON FINANCE Memorial, that he be honored as a land, Maine. For further information, Mr. HUTCHINSON. Mr. President, ‘‘righteous gentile’’ for having put his please contact Timothy J. Shea of the the Finance Committee requests unani- life and career on the line to save Jew- Subcommittee staff at 202/224–3721. mous consent to conduct a hearing on ish refugees.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S671 Hiram Bingham IV never sought There were copies of passport photos and mired Chagall and had become his friend glory for himself but as a man who put ‘‘official’’ documents and papers used by the during the crisis. My father’s journal entries service to others before all other con- escapees to gain freedom from the con- revealed that Chagall had gracefully admired siderations he has earned our apprecia- centration camps and to escape the Holo- my father’s rather traditional portraits and caust. landscapes during meetings at my father’s tion as a true American hero. In doing As a vice consul in the U.S. Consulate in villa in Marseilles while they were planning so he has extended the remarkable pub- Marseilles, France, when the Nazis invaded his escape, and Chagall told him always to lic service and honorable reputation of and took Paris in the summer of 1940, my dad paint large canvases and never conform to the Bingham family, one of Connecti- became a government expert on Nazis and what others wanted him to paint. cut’s great families. Fascists, and a key agent in the secret res- I remembered the tale of Lion Mr. President, I ask that an article cue operation of thousands of Jewish and Feuchtwanger, who was smuggled out of a by William Bingham in the New Lon- other political refugees from war-torn Eu- concentration camp at Nimes dressed up as rope. The whole rescue operation, encour- woman at the direction of my father and hid- don Day be printed in the RECORD. aged and supported by Eleanor Roosevelt, den at my father’s villa for two months, The article follows: was kept in large part secret even from his passed off as his mother-in-law from [From the New London Day, Oct. 5, 1997] State Department superiors, because many Waycross, Ga., to fool the neighbors and the A MAN FROM SALEM EMERGES AS A HERO OF of them at first supported Hitler. Some in Gestapo and spies at the U.S. Consulate. THE HOLOCAUST: HIRAM BINGHAM IV the U.S. government believed Hitler would Feuchtwanger, I learned, was Hitler’s Public (By William S. Bingham) win the war and felt that the U.S. should Enemy Number One, because of his historical maintain favorable political, social and eco- novel, ‘‘The Oppermans,’’ which exposed Hit- When we lose a loved one, we struggle des- nomic relations with the Nazis. ler and the evils of Nazism in 1933. perately to recollect bits and pieces of a life In the face of strident and vocal opposition Hitler stripped Feuchtwanger of his Ger- lived and finished. We hang tightly onto the from his own bosses in France and Wash- man citizenship, and the Nazis issued a death slightest memories that have meaning for ington, my father helped establish a clandes- warrant for him before he fled to France, us. Gradually, the memories fade and the tine operation of international operatives where the pro-Nazi Vichy government held vividness of those who were once alive grows smuggling Hitler’s ‘‘most wanted’’ enemies— him until he was rescued. When it was dim. But parchment and celluloid, letters predominantly Jewish intellectuals, political leaked to members of the U.S. Consulate and photographs allow us to recapture our activists and artists who opposed Nazism— that my father was hiding Feuchtwanger and loved ones’ lives. These images and words through an underground railroad system his wife at my father’s villa, my father soon left behind in journals, books and cor- across Europe to gain safe passage through realized that his own life was in danger—so respondence allow us to revisit the life and Africa, the Caribbean and Latin America to he put a pseudonym ‘‘Lion Wetcheek’’ on times of our loved ones and the history they the United States and other safe harbors. Feuchtwanger’s passport and arranged that embrace. Some of my father’s collaborators formed the Feuchtwangers be smuggled on a Such was the journey I started when I Maquis, guerrilla-resistance cadres, to fight footpath over the Pyrenees Mountains into began investigating my father’s secret his- the Nazis in the countryside. Spain and on to Lisbon, Portugal, where tory as a covert operative in a mission to But my father’s role in the operation had they caught a steamship to New York City. rescue Jews, artists and other political fig- to remain secret from his superiors, his fam- The code words for them in this operation ures from the Nazis during World War II. ily and all but his closest friends, because he were ‘‘Harry’s friends.’’ I cannot say I know everything about my followed a moral imperative to aid Jews and I vaguely remembered the names of Rudolf father. Most of him is still a mystery to me. other political refugees in violation of offi- Breitscheid and Rudolf Hilferding, whom my But almost 10 years after the death of my fa- cial U.S. policy, regulations and laws. My fa- parents would discuss in hushed and sad- ther, Hiram Bingham IV, I discovered a ther’s superiors in the State Department and dened voices. Although their names rang a cache of diaries and documents tightly other branches of government who favored bell in my recollections from youth, I never bound in manila folders by hay bale rope and accommodation and cooperation with Hitler knew who they were or what happened to them. The two Rudolfs were Hitler’s greatest masking tape, buried deep in the dust and had forbidden official and unofficial support political enemies in the Reichstag. Old polit- cobwebs of an ancient linen closet tucked by for the operation. colonial design into the wall behind the fire- It was only because of Eleanor Roosevelt’s ical activists in Germany, they too were place in my family’s 230-year-old pre-Revolu- quiet support, pressuring Franklin D. Roo- stripped of German citizenship by Hitler and tionary homestead in Salem. In these bound sevelt to permit the operation, and my fa- fled to France. folders and files marked simply ‘‘H.B.—Per- ther’s Washington contacts through his own MET IN BROTHELS sonal Notes—Marseilles—1940,’’ which had father (former Connecticut Gov. and U.S. Some of the rescue team would meet in lain untouched for more than a half-century, Sen. Hiram Bingham III), that my father Marseilles brothels with their prospective I discovered chilling evidence of my father’s himself was not arrested and prosecuted for escapees, because it was one of the few places secret role in thwarting the spread of Nazism violating ‘‘official’’ U.S. law and policy. But where discretion and hushed conversation in and in rescuing thousands of Jews from the my father suffered retaliatory treatment at English and other foreign languages could Nazis. the hands of his superiors and feared govern- take place without arousing the suspicion of After my father died in 1987, I discovered ment prosecution if the extent of his role in the proprietors. On occasion, some of the he was a silent hero of the Holocaust. As the planning and execution of rescue mis- women in the team (Americans among them) with almost all intelligence operatives, he sions was known. would entice pro-Nazi guards and policemen maintained secrecy about most of his actions Why were the Nazis chasing Chagall? In in order to distract them, or get them drunk from everyone except those who had a need the pictures and letters it became clear that so that rescue operations could proceed with to know up to the time of his death. He kept my father was instrumental in saving little or no interruption. Other meetings his silence because he himself became a vic- Chagall, but why did he need to? Why did the took place in jazz clubs, until the Nazis for- tim of pro-Nazi elements and Nazi sympa- Nazis want to exterminate the surrealist art- bade jazz, or at my father’s villa in the thizers in the U.S. government and, in his ists like Max Ernst, Marcel Duchamp and evening after his work in the visa section of role as a rescuer, he took actions which were Andre Masson, or the surrealist poet Andre the consulate was finished for the day. condemned by his superiors and contravened Breton, or the novelists? Until I discovered these papers, only a few U.S. laws and policy. My father’s story con- Because surrealism was a threat to Na- individuals knew my father’s role: those who tained in these hidden papers sheds a small zism—it was nonconformist and often con- worked closely with him and a handful of ray of light on one of the darkest periods in tained political messages that were the an- those he helped rescue. Some, like the art- human history. tithesis of Nazism, totalitarianism and na- ists Marc Chagall, Max Ernst and Andre Among his papers were secret memos, pho- tionalism. Masson—and writers Victor Serge, Lion tographs and reports on the concentration My father was an artist and philosopher Feuchtwanger and Franz Werfel and the fam- camps, maps and notes on escape routes and till the end of his life. He would sit on an old ily of Thomas Mann—were close to my fa- meetings of the anti-Nazi conspirators. beat-up chair by the bathtub, where he ther during their own escapes. But because There were reports on Nazi propaganda, hid- would place his large-framed canvases flat my father had to keep his actions secret den Nazi gold and war criminals and the on the porcelain rim of the tub and paint his from his own government superiors and fel- ‘‘Fifth Column’’ (Nazi civilian infiltrators surreal visions while listening to Beethoven low employees, some of whom were sup- worldwide). There were accounts and descrip- and Brahms. He liked the subdued light from porters of and informants for the Nazis, he tions of Nazi agents and suspected agents the west through a small window there, and could not reveal his role in planning and exe- within and without the U.S. consulate in he could rotate his paintings to adapt to the cuting the escapes of the refugees to any but Marseilles and embassies in Europe and swirls of his ‘‘music on canvas,’’ as he called a select few of the escapees who were Latin America and their methodology for it. You could turn the panting upside down staunch anti-Nazi activits and conspirators world conquest. There were letters from or sideways, he told me, any way, and new in the underground network. Marc Chagall and Thomas Mann, which the visions would be revealed. At any moment, Nazi agents posing as ref- top opponents of Adolf Hitler had written to My father had painted portraits of some of ugees or enemies of Hitler and Mussolini my father pertaining to the rescues, the res- the rescued, and he had painted copies of sev- might infiltrate and blow the whole oper- cue operations and my father’s participation. eral of Chagall’s paintings because he ad- ation.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S672 CONGRESSIONAL RECORD — SENATE February 11, 1998 Indeed, when the true nature of my fa- that an African-American by the name and has since gone on to serve the ther’s role became more fully known by his of York accompanied Lewis, Clark and House of Medicine as alternate dele- superiors in the U.S. State Department, he the Shoshoni woman, Sacagawea on gate to the AMA, Vice-Speaker of the was removed from his position in the visa the long journey ending in the area of CMA Committee on Scientific Assem- section. Given meaningless bureaucratic pa- perwork, he was passed over time and again what is now Fort Clatsop, OR. blies, and chair of the CMA Finance, for promotions, and he was ultimately dis- Throughout the Lewis and Clark ex- Membership Development and Commu- patched to Buenos Aires, Argentina, with my pedition, York served as a valuable nications committees. mother and their five children. Despite the translator, helped to strengthen Na- Born in Milan, Italy, Dr. Reid is a threat from Nazi sympathizers and agents tive-American relations, and guided graduate of the University of Colorado acting with the U.S. State Department, my several successful trading ventures. It Medical Center. He lives in Santa Bar- father continued to investigate and report on has been said that on numerous occa- bara, CA, with his wife Patricia, and is the Nazi menace in Latin America and in the sions, York risked his life so that the the father of four grown children. I am U.S. Embassy in Buenos Aires. expedition could continue. York’s con- sure Dr. Robert Alfred Reid will con- In an ultimatum to the State Department tinue to make many important con- in 1945, he vowed to resign from the diplo- tributions were numerous, and accord- matic corps if there were no efforts to put a ing to the Lewis and Clark Heritage tributions to medicine and to the na- stop to the spread of Nazism and fascism in Foundation, when the party reached tion’s health policy debate. Latin America. For this ultimatum, he was the Columbia River, a decision had to f again passed over for promotion and his be made whether to head to the north pleas for investigations of Nazi gold and war BLACK HISTORY MONTH shore of the Columbia—Washington ∑ criminals being smuggled into Chile and Ar- State—or cross the river to the south Mr. SARBANES. Mr. President, since gentina on German U-boats (submarines) side—Oregon—where Indians had said 1926, we have designated February as were ignored. the month during which we honor the that game could be found. An actual He then made good on his vow, resigned contributions of African-Americans to vote of the members was recorded, rep- from his post, and returned to the family our history, our culture, and our fu- homestead in Salem to farm, paint, pursue resenting the first American democrat- various business ventures and study Bud- ture. ically held election west of the Rockies Of course, no month should pass dhism and Eastern philosophy, which he em- that included the vote of a woman, braced as a believer in mystical Christianity. without our giving attention to the Sacagawea, and a black man, York. historical legacy of America’s African- Only now, after 50 years of obscurity, is my Today, a mural in the southwest cor- father’s story coming to light worldwide. Americans. However, this month is the ner of the Rotunda of Oregon State After discovering the cache of documents, I time when we devote special attention began an effort to investigate all of his cor- Capital in Salem depicts the expedition to this legacy, which, in the face of respondence and official files, including that Merriwether Lewis and William seemingly insurmountable odds, has those in the U.S. archives, which are now de- Clark, Sacagawea and York made survived and enriched American life in classified, and to find those he rescued who through the Louisiana and Oregon Ter- countless ways. may never have known his role in their es- ritories. I want to join all Oregonians capes. All of these incredible stories of spies, As it does each year, the Association today in celebrating Black History for the Study of Afro-American Life refugees, counterspies, American heroes, sur- Month and celebrate the contributions realist artists and writers fighting and flee- and History (ASALH) has selected a ing the conflagration which engulfed Europe, that African-Americans have made to theme for this month’s celebration. ∑ I am assembling into a personal and histor- American history. This year’s theme is ‘‘African Ameri- ical account of the events for publication f cans and Business: The Path Toward based on my father’s papers and supporting RECOGNITION OF DR. ROBERT Empowerment.’’ documents. Mr. President, maybe more than any Prompted by contacts from a man whom REID, INCOMING PRESIDENT OF THE CALIFORNIA MEDICAL AS- other theme, the question of African- he rescued and from the U.S. Holocaust Mu- Americans and business demands our seum in Washington, D.C., which knew of his SOCIATION involvement in the effort, the key docu- attention and interest. The degree to ∑ Mrs. FEINSTEIN. Mr. President, I which African-Americans participate ments and photographs I discovered in that would like to recognize Dr. Robert ancient linen closet behind the fireplace in and benefit from America’s commer- have been duplicated and are being preserved Reid, who on February 16, 1998, will be- cial and business life may be the single by the museum. More than 50 documents and come the 133rd President of the Cali- best indicator of whether they have ob- photographs from my father’s files were ex- fornia Medical Association, the largest tained the equality of opportunity and hibited, along with several of my father’s medical association in the nation. With freedom for which they have long surrealist paintings and landscapes, at the a membership of 35,000 physicians, Cali- strived and to which they are entitled Simon Weisenthal Center—House of Toler- fornia Medical Association represents under our Constitution. We move to- ance Museum, in Los Angeles, during July California physician from all regions, and August this past summer. ward full equality when uniquely gifted medical specialities and modes of prac- individuals—athletes, artists, enter- PETITION SEEKS MEDAL tice—from solo practitioners, to aca- tainers, etc.—capture the public’s A petition prepared by survivors my father demic physicians, to physicians work- imagination and because of their helped rescue asks that Hiram Bingham IV ing in large group practices. Reflecting be honored with a medal from the State of unique gifts transcend the limits Israel and a tree planted in his honor at Yad the diversity that is California, the as- placed on their race. We move even Vashem, the Holocaust Memorial in Israel. sociation’s members advocate for qual- closer to this goal when each and every If he is awarded the Yad Vashem medal as ity of care and access to health care for African-American has the opportunity one of the rescuers, he will be only the sec- all of the state’s residents. to get a loan, lease or purchase prop- ond U.S. Citizen and the only U.S. diplomat Dr. Reid is a practicing Obstetrician- erty, open a business, develop a prod- ever so honored for putting his life and ca- Gynecologist and Director of Medical uct, hire other African-Americans, and reer on the line to rescue Jewish refugees. Affairs for the Cottage Health System contribute to the betterment of his Perhaps most important, the documents in Santa Barbara, California. Prior to related to Nazi gold and war criminals being community. The ability of African- spirited away to Latin America on sub- becoming the hospital’s Medical Direc- Americans to have these most basic marines with the knowledge of the U.S. tor, Dr. Reid served as the hospital’s avenues of opportunity and advance- State Department now are being inves- Chief of Staff and has been a member ment open to them may give us the tigated by the Simon Weisenthal Center.∑ of its Board of Directors since 1991. best sense of just how far we have pro- f Dr. Reid is also a fellow of the Amer- gressed on the road to equality. ican College of Obstetrics-Gynecology Thus, any study of the history of Af- BLACK HISTORY MONTH and Past President of the Tri-Counties rican-Americans and business should ∑ Mr. SMITH of Oregon. Mr. President, Obstetrics-Gynecology Society. highlight not only the many brilliant in recognition of Black History Month He became active in organized medi- inventors and entrepreneurs who have I come to the floor to honor a little- cine in 1972 when he joined the Cali- made unique or major contributions to known member of the Lewis and Clark fornia Medical Association. Ten years American history. It should also take expedition that explored the Oregon later he was elected President of the note of the many average, hard-work- territory. Expedition historians tell us Santa Barbara County Medical Society ing people who have fulfilled, against

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S673 great odds, the American dream of Prince George’s County’s Pulsar Data black history postcards. Once, he self-pub- owning and operating their own busi- Systems, a computer systems integra- lished a thin paperback of profiles of black nesses. Let me devote a few minutes to tion company that made $165 million in historical figures. both these sets of heroes. 1995, and was ranked by Black Enter- WIDELY TRAVELED On one hand African-Americans, and prise Magazine as the fifth most profit- With his tall, thin figure always immacu- Americans in general, can boast of able black-owned company in America lately dressed in a starched, white, buttoned- such great minds as Jan Matzeliger that year. Let us also celebrate smaller down shirt and tie, and frequently a jacket (1852–1889), Joseph Lee (1849–1905), Eli- enterprises like Grassroots II, an Afri- or suit, Mr. Carter was a well-known figure jah McCoy (1843–1929), and Andrew in Baltimore’s black community who trav- can-American bookstore in Salisbury, eled all over the area selling his calendar. Beard (1850–1910)—19th century inven- MD, which specializes in literature You were as likely to see him outside Lex- tors who helped revolutionize Amer- celebrating the African-American expe- ington Terrace housing project as you were ican industry at a crucial period in its rience. Both these types of businesses— to find him traversing Morgan State Univer- development. They can boast of the smaller no less than the bigger sity. groundbreaking success stories such as —show us how far we have come as a Amazingly, he did all his travels—in good Madame C.J. Walker (1867–1919), Amer- nation and how far we still need to go. weather and bad—using public transpor- ica’s first black millionaire business- In closing, Mr. President, let me pay tation. When he was cautioned not to go into woman, whose hair products company tribute to a Maryland-based African- dangerous areas, he shrugged off such sug- gestions. After all, he was on a mission to employed 3,000 people, and Maggie American run ‘‘business’’ that deserves educate his people, which meant he had to go Lena Walker (1867–1934), America’s first special mention this month. This busi- wherever his people were. female bank president. Mr. President, ness sought to lead African-Americans Mr. Carter sought to ‘‘liberate’’ black his- this list is merely a sample of the down a different path of empower- tory from academia and take it to the many African-Americans who have ment—not economic empowerment, streets. He said it was important for black made unique contributions to Amer- but intellectual and cultural empower- youth to know that their people had a rich ican commerce, and who have helped ment. I speak of the black history cal- history long before coming to this country. lead us to the heights we occupy today endar business run by C. Cabell Carter He wanted to fill the gaps left by many his- tory books. as the strongest economic force in the during the 1970’s and 1980’s. Mr. Carter, While Mr. Carter spread the word about world. a retired schoolteacher who died in black history, he didn’t spend a lot of time On the other hand, let us also take 1987, travelled throughout Baltimore’s talking about himself, so details of his back- note of the more modest success stories African-American community selling ground are sketchy. of the many African-Americans who at calendars that featured African-Amer- He was born Dec. 5, 1912, and graduated this same time owned and ran busi- ican artwork and highlighted on each from Hampton Institute (now Hampton Uni- nesses, surviving not only economic day of the year a significant achieve- versity). He taught for years at Carver Voca- hardship but a social system that left ment in African-American history. He tional School, where he became a leading ad- them short of funding, public support, vocate for instituting black studies and charged a nominal fee for each cal- black history in the public schools. and legal protection. Here I speak of endar, and, by most estimates, sold few His wife apparently died years ago; his the members—now long forgotten—of calendars per year. I ask that a Feb- only child, a son, could not be located at the the Colored Merchants Association of ruary 5, 1998 article in the Baltimore time of Mr. Carter’s death, Aug. 8, 1987. New York City, formed during the Sun about Mr. Carter be printed in the We came to know Mr. Carter when we es- Great Depression to sustain the city’s RECORD at the end of my statement. tablished the Great Blacks in Wax Museum African-American businesses against Mr. Carter did not create jobs, he was in 1983. He volunteered his services and be- the shocks of that economic disaster. I not known outside his immediate com- came one of our founding board members. He speak here also of the numerous Afri- munity, and he would hardly qualify as loved taking our wax figures on the road for can-American newspapers established exhibits to such places as Mondawmin Mall. a prosperous businessman, much less a Mr. Carter said he developed his love of in the late 19th century, the first of captain of industry. His achievement, history while serving in the Army’s 92nd In- which, Baltimore’s Afro-American, is however, was to make his fellow Afri- fantry Division during World War II, where still published to this day. can-Americans aware of their rich his- he received the Bronze Star for bravery in Mr. President, I submit that only tory, and to instill in them the pride to action. when such stories of struggle and be part of that history. It is my sincere Faced with extreme racial prejudice and achievement are commonplace, and de- hope that some of those with whom Mr. segregation from fellow soldiers and others, mand no particular attention, can we Carter spoke and to whom he sold cal- Mr. Carter read black history to keep from succumbing to feelings of inferiority and bit- truly claim credit for eradicating com- endars will be the ones that we in Con- pletely the scourge of racial bias from terness. The therapeutic results persuaded gress will honor in future editions of him that all black people should become ac- our society. Black History Month. quainted with their history. I think we are moving in the right di- The article follows: Toward that end, he spent considerable rection. Between 1987 and 1992, when TAKING BLACK HISTORY TO THE STREETS time collecting newspaper clippings, visiting the last set of complete figures were (By Elmer P. Martin and Joanne M. Martin) libraries and engaging in other activities in available from the Census Bureau, the an effort to amass historical data for his number of American businesses owned Historian Carter G. Woodson began Negro files, which he would in turn share with oth- History Week in 1926 (now Black History ers. by African-Americans increased by Month), but over the years many average 46%. In my own State of Maryland, the citizens helped popularize the February ob- AN ECCENTRIC CHARACTER numbers are even more impressive. In servance. Although some people regarded him as a Maryland during the 1987–1992 period, One such local person was the late C. bit crazy for approaching hardened youths the number of African-American busi- Cabell Carter, a Baltimore schoolteacher on street corners, such youths were gen- nesses grew by 14,080 to 35,578, a 65% in- who spent much of his retirement years in erally disarmed by Mr. Carter’s easy smile, crease. These figures, I am proud to the 1970s and ’80s peddling black history cal- his sincerity, his low tolerance for foolish- endars he created, and serving as a sort of ness and the great confidence he had in their say, make Maryland the State with the street-corner historian, preaching to every- promise and potential. most African-American-owned busi- one from drug dealers to church leaders Mr. Carter often said, ‘‘It is a sad day when nesses in the Nation. Moreover, two of about the importance of knowing their his- the elders are afraid of their own children. I Maryland’s counties are among the top tory. refuse to ever get in that state.’’ ten in the nation in terms of the num- Mr. Carter charged a nominal fee for the Mr. Carter also started the Reading Im- ber of African-American businesses calendars that featured black and white provement Association, a community-based based there. Clearly, more and more renderings of ancient African royalty and literacy program. His work did not go African-Americans are taking the path historical African-Americans of note. Vir- unappreciated. At his funeral, some 300 peo- tually every day on the calendars was ple from all walks of life packed a small to empowerment that Americans of all marked with a significant event in black his- cemetery chapel to pay tribute to that won- colors and creeds should view as their tory. derfully unusual man. birthright. Mr. Carter probably sold 1,000 calendars a The West Baltimore resident died penniless Thus, during Black History Month, year. Any proceeds were used to finance the at age 74. His landlord, not realizing the im- let us celebrate not only firms like production of the next year’s calendars and portance of Mr. Carter’s collection, had it

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S674 CONGRESSIONAL RECORD — SENATE February 11, 1998 gathered up and thrown away. So there’s lit- ico, this time to Lovington where he deserved attention to his lifetime of tle left of Mr. Carter’s work except a few cal- taught and coached starting in 1946. It commitment to an honored sport and endars and a few copies of his book, ‘‘Black was in 1949 that Ralph Tasker began the youth who play the game.∑ History Makers.’’ But, during Black History Month, we rec- his illustrious tenure as the head bas- f ketball coach at Hobbs High School. ognize such little-known figures as Mr. Car- RETIREMENT OF RALPH TASKER ter, as well as the celebrated. Over the decades, Coach Tasker has Mr. Carter would have liked that.∑ compiled the third most winning ∑ Mr. BINGAMAN. Mr. President, I rise f record of active high school coaches in to give praise to a great man. Ralph the United States, with a record of at Tasker has announced that after 52 HONORING HOBBS, N.M., HIGH least 1,116 wins and only 289 losses. seasons of coaching, he will retire as SCHOOL BASKETBALL COACH Tasker’s Hobbs Eagles have won a the head basketball coach at Hobbs RALPH TASKER dozen state championships—one in High School in New Mexico. In his 52 ∑ Mr. DOMENICI. Mr. President, I rise Lovington in 1949 and 11 in Hobbs in seasons, Coach Tasker has amassed to pay tribute to a man who has accu- 1956, 1957, 1958, 1966, 1968, 1969, 1970, 1980, over 1,103 wins en route to 12 State mulated a remarkable record as the 1981, 1987, and 1988. He is believed to championships, 4 State runner-up ti- head basketball coach at Hobbs High have set a record of sorts by coaching tles, and 1 National Coach of the Year School in New Mexico. This year he state championship basketball teams title. Indeed, Coach Tasker’s legacy is ends more than a half century of teach- in five different decades, from the 1940s that of a man who not only won many ing and coaching. During these decades to the 1980s. The varsity team has basketball games, but also brought his of service, he has endeared himself to a qualified for the state basketball tour- positive influence into the lives of hun- community and earned acclaim as one naments 36 times, including 24 consecu- dreds of high school students. of the most winning high school coach- tive tourney appearances between 1961 From 1965 to 1967, Coach Tasker’s es in the United States. and 1985. team won 53 consecutive games. In the To understand the significance of In 52 seasons as head basketball 1969–70 season, his team averaged 114.6 Ralph Tasker’s impact, it is useful to coach, Ralph Tasker’s teams have suf- points per game, earning him the pres- know more about Hobbs, the commu- fered only two losing seasons. In com- tigious National Coach of the Year nity to which he had dedicated his life. parison, he has coached 36 teams to title. In the 1980’s, Coach Tasker con- Hobbs is a city born of the hard- seasons with 20 or more victories. He tinued his winning ways as he led his scrabble oil and gas industry. Situated led two teams through perfect seasons, team to consecutive undefeated sea- on the dusty mesquite-laden plains of 1966 (28–0) and 1981 (26–0). His 1970 squad sons from 1980–82, and he was elected to southeast New Mexico, it is primarily averaged 114.6 points per game during a the National High School Sports Hall dependent on farming, ranching, and 27-game season, which is still a na- of Fame. the petroleum industry. It is a proud tional record. Mr. President, on the eve of the community that has touted itself as All this success has been rewarded third-winningest active high school ‘‘Hobbs, America.’’ with a trophy case of personal honors. coach’s retirement, I would like to I believe I can safely say that a lot of Ralph Tasker has been named National take this opportunity to thank Ralph the pride in this community has been High School Coach by the National Tasker for his years of dedication to fostered by its school system and, more High School Coaches Association and the youth of New Mexico. Certainly, we specifically, the renowned success of by the National Sports News Service. all have a lot to learn from this man, its high school basketball team. In 1991, he was named the National and his example stands as a marker Mr. President, on February 20, Ralph Athletic Coach of the Year by the pres- Tasker will coach his last high school tigious Walt Disney National Teacher that we should all strive to attain. basketball game in Hobbs. Awards Program. Thank you, Coach Tasker, for teaching On that Friday evening in the Ralph He was a 1988 inductee into the Na- us the true meaning of winning grace- ∑ Tasker Arena, the people of Hobbs—a tional High School Sports Hall of Fame fully. town accustomed to the booms and in Kansas City, Missouri. He has also f busts of the oil and gas industry—will been inducted into the New Mexico NOMINATION OF DR. DAVID honor the man who since 1949 has lead High School Coaches Association Hall SATCHER the Hobbs Eagles to consistent basket- of Honor, the Alderson-Broaddus Col- ∑ ball glory. Under Ralph Tasker’s lege’s Battler Hall of Fame, and the Mr. GRAMS. Mr. President, over the steady tutelage, it can be said a most New Mexico State University Aggie course of the debate on Dr. Satcher’s constant sound in Hobbs, beyond the Hall of Fame. nomination for Assistant Secretary of hum of oilfield pumps, has been the Recognition of Coach Tasker’s abili- Health and Surgeon General, Senator swish of basketballs ripping through ties is underscored by the fact that ASHCROFT and others have expressed the hoops, the squeak of rubber on more than 100 Eagle basketball players some issues of concern. First, Dr. hardwood, and decades of cheering have gone to college on basketball Satcher’s comments regarding abor- fans. It has been through the efforts of scholarships, with 50 named to All- tion. Second, an AZT study in Africa to Ralph Tasker, the hard knuckled bas- State squads, nine selected to prep All- research alternative treatments for de- ketball coach, that Hobbs has become American teams, and 13 drafted by pro- veloping nations to the costly and in- known to America. fessional basketball leagues. accessible AZT regimen. Understandably, Hobbs honors the But I know that the citizens of Hobbs While I initially had concerns about end of Coach Tasker’s remarkable ca- are most proud and appreciative of Dr. Satcher’s comments on abortion, I reer with a measure of trepidation. Ralph Tasker for the hundreds of lives wanted to listen to the debate, examine Mr. President, I believe Ralph he has helped shape as a coach and additional written responses Dr. Tasker’s career as a high school coach mentor. Hundreds upon hundreds of Satcher provided to the committee on has been so outstanding that he de- youth people have benefited from the this issue, and make my decision. serves the recognition of the Senate. hard work, discipline, and sense of During the committee’s consider- Born, raised and educated in West comradery they gained under Coach ation of Dr. Satcher, he stated that he Virginia, Ralph Tasker’s life has vir- Tasker’s direction. For more than 50 supports President Clinton in his veto tually always involved basketball. His years he has given impressionable of the ban on partial-birth-abortions. teaching and coaching career began in young men a sense of direction, a sense After the hearings, he tried to back- Ohio. During World Was II, he served of being part of something bigger and track. with the U.S. Army Air Corps stationed greater than they could be by them- In his October 28, 1997 written com- at what is now Kirtland Air Force Base selves. In teaching such lessons ments to Senator FRIST, Dr. Satcher in Albuquerque. Tasker played basket- through sweat and toil on the var- further explained his position on abor- ball with the Flying Kellys during his nished boards of a gymnasium floor, he tion and I’d like to quote those re- service days. has made Hobbs a better place to live. marks. Following the war, he earned a mas- For all his accomplishments, I salute Let me state unequivocally that I have no ters degree and returned to New Mex- Ralph Tasker, and join those who bring intention of using the positions of Assistant

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 11, 1998 CONGRESSIONAL RECORD — SENATE S675 Secretary for Health and Surgeon General to the way Congress does business. Amid less rehabilitation, the knee was strong promote issues related to abortion. I share the furor over campaign finance re- enough to return to action late last no one’s political agenda and I want to use form, accusations abound of Members year. And then, another setback the power of these positions to focus on ‘‘selling’’ their votes to private inter- marred her prospects for Nagano. Just issues that unite Americans—not divide them. est groups. I believe that greater access 12 days ago, she was knocked uncon- to the documents used by Members of scious in a spill during a race in Swe- I am not comforted by this clarifica- Congress when making decisions will den. tion of his position. increase public understanding of this But this remarkable third-generation Mr. President, I believe we as a na- institution. Since constituents will be Idahoan, who learned to ski on the tion require a Surgeon General who’s able to see the materials which influ- slopes of Sun Valley, was determined position on this issue is one of fur- ence the way a Member votes, a more not to let this latest setback keep her thering policies which, at a minimum, accurate view of the Congressional de- from fulfilling the promise she made to do not give tacit approval of a proce- cision-making process should emerge. her parents when she was a little girl— dure that 75 to 80 percent of Americans Passage of this legislation will also the promise of Olympic gold. agree is barbaric and unneeded. permit the Congressional Research Picabo says the long and difficult With regard to the AZT trials to pre- Service to serve an important role in months of rehabilitation from her in- vent the maternal-to-infant transfer of informing the public. This nation’s jury were the toughest times of her HIV in Africa, I also share some con- citizens will be able to read CRS prod- life. Yet her hard work and dedication cerns about the protocol set up in this ucts and receive a concise, accurate pulled her through. Even while she study. Specifically, the use of a placebo summary of the issues that concern could only sit and watch her team- control group. them. The American taxpayer is pay- mates get ready for these games, she Mr. President, I have always been a ing for this information, almost $65 never lost hope. strong supporter of medical research. I million for this year alone, and has a Picabo’s mother, Dee, taught her the cannot, however, endorse or condone right to see it. words to the Star Spangled Banner. research done in developing countries The technological advances of the Four years ago, Picabo stood on the in a manner which we would not con- last decade are truly astonishing. silver medal platform, listening to an- duct it here in our own Nation—with Every effort should be made to apply other country’s anthem being played. our own constituents as the subjects of this new technology as widely as pos- She vowed the next time she’d hear her that research. sible. The advent of the Internet pro- anthem. Those singing lessons came in Mr. President, I listened to both sides vides an important avenue for the ex- handy today. With the gold medal of the arguments and came to a conclu- ploration of new applications. This new around her neck, Picabo sang the sion. I have no reason to believe Dr. medium has made possible the low- words to our national anthem. I’m sure David Satcher is not qualified to serve cost, rapid dissemination of informa- every American sang with her. as Assistant Secretary of Health and tion to an growing audience, and, Idaho can be truly proud of a home- Surgeon General of the United States. whereas legislation to make CRS infor- town hero, who overcame seemingly in- However, I, for the reasons cited ear- mation available to the public was not surmountable odds to regain the form lier, could not in good conscience sup- plausible ten years ago, today we can that made her a world champion. I ask ∑ port his nomination. do it at a very low cost. every Idahoan and every American to f Mr. President, removing the barriers join me in offering congratulations to to public view of CRS documents is a this amazing athlete. MAKING CRS REPORTS AVAILABLE The little girl from the gold mining TO THE PUBLIC great idea who’s time has come. It will help Congress to better fulfill its duty town of Triumph, Idaho has triumphed ∑ Mr. ABRAHAM. Mr. President, last to inform the public and allow con- and won the gold medal.∑ week Senator MCCAIN, the Chairman of stituents to see first hand the informa- f the Commerce Committee, introduced tion that serves as the basis for many EXECUTIVE SESSION legislation to make Congressional Re- of the decisions made by its federally search Service Reports, Issue Briefs elected representatives.∑ and Authorization and Appropriations f EXECUTIVE CALENDAR products available over the Internet to Mr. ROBERTS. Madam President, I the public. I rise today to express my AN IDAHOAN MINES OLYMPIC ask unanimous consent that the Sen- support for this timely legislation. GOLD ate immediately proceed to executive The Congressional Research Service ∑ Mr. KEMPTHORNE. Mr. President, I session to consider the following nomi- has a well-deserved reputation for pro- rise to congratulate an American ath- nations on the Executive Calendar: ducing objective, high-quality reports lete who has shown us all that adver- No. 371, Sally Thompson, to be CFO and issue briefs. I have relied on these sity can be turned into inspiration and of the Department of Agriculture. reports in the past and have only the success. No. 490, Robert Warshaw, to be Asso- highest regard for the material pro- Picabo Street, a young woman from ciate Director for National Drug Con- duced by CRS. This information is not the tiny mining town of Triumph in trol Policy. readily available to the general public, my home state of Idaho, has thrilled us The PRESIDING OFFICER. Without however. Congressional offices must of- all with her gold medal-winning per- objection, it is so ordered. ficially request information on a con- formance in the women’s super giant Mr. ROBERTS. I further ask unani- stituent’s behalf. slalom at the Winter Olympics in mous consent that the nominations be Senator MCCAIN’s legislation, S. 1578, Nagano, Japan. confirmed, the motions to reconsider directs the Director of CRS to make re- Four years ago I stood in this cham- be laid upon the table, the President be ports, issue briefs and the more com- ber to offer my congratulations to immediately notified of the Senate’s prehensive CRS reports on federal au- Picabo, who won a silver medal in the action, and the Senate then return to thorizations and appropriations avail- Lillehammer Olympics in the downhill. legislative session. able on the Internet. Most of this infor- While a lot has happened in this coun- The PRESIDING OFFICER. Without mation is already available on the CRS try and the world over those four objection, it is so ordered. website but can only be accessed by years, one thing has remained the The nominations were considered and Members of Congress and their staff. same: Picabo Street’s desire to win an confirmed, as follows: Obviously, since we use the Internet to Olympic gold medal. DEPARTMENT OF AGRICULTURE make this information more accessible That dream looked like it might not Sally Thompson, of Kansas, to be Chief Fi- to Congress, we have the ability to be fulfilled after a horrible accident 14 nancial Officer, Department of Agriculture. make this information available to the months ago during a training run. EXECUTIVE OFFICE OF THE PRESIDENT general public. It is time we do so. Picabo blew out her knee, and missed Robert S. Warshaw, of New York, to be As- Increasingly, the public is dem- almost the entire 1997 season. But sociate Director for National Drug Control onstrating that it is not satisfied with thanks to her determination and tire- Policy.

VerDate Mar 15 2010 00:43 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\1998SENATE\S11FE8.REC S11FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S676 CONGRESSIONAL RECORD — SENATE February 11, 1998 LEGISLATIVE SESSION that occurred today at the State De- Mr. President, rather than giving a The PRESIDING OFFICER. The Sen- partment at about 12 noon. The Presi- detailed statement now on the many ate will now return to legislative ses- dent of the United States, the Sec- benefits to America of NATO enlarge- sion. retary of State, the Vice President, and ment, I wish only to enunciate a few the Foreign Ministers of the Czech Re- central themes upon which I will ex- f public, Poland, and Hungary, were in pand as Senate consideration of these ORDERS FOR THURSDAY, attendance. At this event, the Presi- vital protocols approaches. FEBRUARY 12, 1998 dent signed an amendment to the The first thesis is that, as NATO’s Mr. ROBERTS. Madam President, I Washington treaty—the NATO treaty— leader, America must ensure the Alli- ask unanimous consent that when the that has been or will shortly be deliv- ance moves beyond its Cold War mis- Senate completes its business today, it ered to the Senate asking that the sion. The status quo is tantamount to stand in adjournment until 9:30 a.m. on Czech Republic, Hungary and Poland declaring NATO a non-performing Thursday, February 12, and imme- become full members of NATO. This asset. diately following the prayer, the rou- ceremony at the State Department Internally, NATO is already adapting tine requests through the morning completed the formal transmission to address different threats to peace, hour be granted, and the Senate imme- from the President to this body for its now that a massive military strike diately begin a period for the trans- advice and consent of the protocols of from the East is highly unlikely. The action for morning business until 2 accession of those three countries into Alliance is placing smaller, smarter, p.m., with Senators permitted to speak NATO. more mobile forces under a stream- therein for up to 10 minutes each, with It was pointed out to me by the Vice lined command system with a new the following exceptions: President, as we were leaving the State strategic concept. This will allow rapid Senator NICKLES, 20 minutes; Senator Department ceremony, that it was this action, including beyond the borders of DOMENICI, 45 minutes; Senator BYRD, 1 very day upon which the Yalta Con- NATO, such as our current mission in hour; Senator THOMAS, 10 minutes; ference ended some 50 years ago. It Bosnia. Senator ALLARD, 20 minutes; Senator seems to me incredible that it is hap- Enlargement is part of NATO’s exter- DORGAN, 1 hour; Senator MURKOWSKI, 20 pening, but also that it has taken this nal transformation. This trans- minutes; Senator JEFFORDS, 5 minutes; long for to us rectify a serious histor- formation is designed to widen the zone Senator GRAMM, 30 minutes; Senator ical error. At the ceremony, there were of stability, deter new threats of ethnic JOHNSON, 10 minutes, and Senator BAU- a number of things stated about why conflict, eliminate new divisions or CUS for 30 minutes. this was so important. ‘‘zones of influence,’’ and promote com- The PRESIDING OFFICER. Without We are moving very quickly this ses- mon action against weapons prolifera- objection, it is so ordered. sion to a momentous vote addressing tion and transfer, terrorism, and orga- f America’s security interests in Europe, nized crime. NATO’s open door to ex- which will not only affect us, but the pansion helps provide the confidence PROGRAM next several generations of Americans. and inspiration for continued democra- Mr. ROBERTS. Madam President, to- I refer to the addition of new allies to tization and economic development in morrow morning, as previously or- the North Atlantic Treaty Organiza- the former Soviet States and in East- dered, the Senate will be in morning tion. Recognizing that the protocols ern and Central Europe. business until 2 o’clock. Following would be referred to the Foreign Rela- Admission of new allies is the most morning business, the Senate may pro- tions Committee for its review, solemn in the spectrum of new security ceed to any legislative or executive The committee, under Chairman relationships NATO has undertaken business cleared for action. Therefore, HELMS’ leadership, has been holding a throughout Europe and the former So- votes are possible during Thursday’s series of comprehensive hearings since viet Union, since the admission of session of the Senate. October on the pros and cons of enlarg- Spain, and prior to that, Germany, Mr. BAUCUS addressed the Chair. ing NATO. Greece and Turkey. In addition, NATO The PRESIDING OFFICER. The Sen- Beginning with Secretary of State has developed unique partnerships with ator from Montana. Albright, we heard testimony from sen- Russia and Ukraine, and has drawn Mr. BAUCUS. Might I ask that the 30 ior Clinton administration and former former adversaries into a web of co- minutes allotted to me be immediately executive branch officers, retired am- operation through what we refer to as following Senator DOMENICI? bassadors and generals, and distin- the Partnership for Peace and the Mr. ROBERTS. I inform the distin- guished academics and foreign policy Euro-Atlantic Partnership Council. guished Senator from Montana that experts—most in favor of, but some in The second thesis that I will be ex- the order right now is Senator NICKLES opposition to expansion. pounding on at a later time is that the for 20 minutes, Senator DOMENICI for 45 The Committee also invited public costs of enlargement are real but man- minutes, and Senator BYRD for 1 hour. testimony from all citizens concerned ageable, and represent a bargain for Mr. BAUCUS. I ask unanimous con- with this issue, welcoming veterans the American people in terms of our se- sent that I may follow Senator BYRD groups, scholars, and representatives of curity. for 30 minutes. the American Baltic, Central and East NATO’s own study of the Polish, The PRESIDING OFFICER. Without European, and Jewish communities. Hungarian, and Czech contributions to objection, it is so ordered. Opinion among all witnesses ran four our common defense rates them well f to one in favor of embracing the Poles, worth the ten-year, one-and-a half bil- ORDER FOR ADJOURNMENT Hungarians, and Czechs as NATO al- lion dollar price tag. The U.S. share in Mr. ROBERTS. Madam President, if lies. this price will be roughly four hundred there is no further business to come be- With the Protocols now in hand, the million dollars over ten years, or about fore the Senate, I now ask that the Committee will hold one more hearing forty million dollars per year. Senate stand in adjournment under the with Secretary of State Albright, Sec- Most importantly, Secretary of State previous order, following the remarks retary of Defense Cohen, and Chairman Albright noted in her testimony, that by my distinguished colleague from of the Joint Chiefs Shelton on Feb- our Allies stated at the last NATO Delaware, Senator BIDEN. ruary 24. summit that the resources for enlarge- The PRESIDING OFFICER. Without The following week, the Committee ment will be found and that she will objection, it is so ordered. is expected to markup and vote on the ensure that our allies pay their fair The Senator from Delaware is recog- Resolution of Ratification. I anticipate share—a very important requirement nized. that the Committee will overwhelm- to be met in order to gain the support f ingly recommend consideration of the of our colleagues in the Senate. Resolution by the full Senate. The Ma- In the long-run, America has always NATO ENLARGEMENT jority Leader has indicated that con- found that common defense is cheaper Mr. BIDEN. Madam President, I am sideration should begin in March, after defense. This is true certainly in finan- pleased to report a very historic event action on campaign finance reform. cial, but even more so in the far more

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LONNIE L. BARHAM, 0000 precious human resources the sixty For 40 years, the United States loud- WILLIAM B. BARKER, 0000 million people and two hundred thou- ly proclaimed its solidarity with the JOHN F. BARRY, 0000 JOHN P. BASILICA, 0000 sand troops Poland, Hungary, and the captive nations of Central and Eastern WILLIAM E. BEASLEY, 0000 Czech Republic bring to our common Europe who were under the heel of STEVEN L. BELL, 0000 SHELLEY L. BENNETT, 0000 security. This is not a question of communist oppressors. Now that most ROBERT A. BEREITER, 0000 whether the U.S. will trade Warsaw for of them have cast off their shackles, it DAN A. BERKEBILE, 0000 JOSE BERRIOS, 0000 Washington, or Budapest for Buffalo, is our responsibility, in my view, to WILLIAM J. BERTSCH, 0000 but rather that the Poles, Czechs, and live up to our pledges to readmit them CHARLES D. BETONEY, 0000 MITCHELL T. BISANAR, 0000 Hungarians are willing to assume the into the West through NATO and the ABNER C. BLALOCK, JR., 0000 front line in America’s forward defense European Union as they qualify. JIMMY L. BLAND, 0000 JACK P. BOBO, 0000 of its shores. Just as NATO enlargements em- GEORGE F. BOWDOIN, 0000 The third thesis is that our relations braced Turkey, Greece, and West Ger- LEON C. BOWLIN, 0000 ROBERT A. BRADFORD, 0000 with Russia remain solid, productive, many several years before the Euro- JOHN J. BRAHAM, 0000 and cooperative, notwithstanding en- pean Union’s precursors were yet in ex- DOUGLAS M. BRANTLEY, 0000 ROBERT T. BRAY, 0000 largement. Prophets of backlash have istence, so we should not hesitate to MARTIN T. BREAKER, 0000 been disproven. accept Poland, Hungary, and the Czech DONALD J. BREECE, 0000 GLENN C. BREITLING, 0000 Although few Russians are fond of Republic now, even before their acces- MANUEL BRILLON-RODRIGUEZ, 0000 NATO enlargement, policymakers in sion to the European Union. RITA M. BROADWAY, 0000 FREDERICK G. BROMM, 0000 Moscow have accepted it. Moreover, no The habits of cooperation created by CLARENCE D. BROWN, 0000 Russian with whom I met in Moscow— NATO membership can only help these OTIS BROWN, JR., 0000 ELTON C. BRUCE, 0000 from Communist leader Zyuganov, to nations as they prepare for economic DAVID H. BRUNJES, 0000 liberal leader Yavlinsky, to the nation- JAMES A. BRUNSON, 0000 integration into Europe and the West. ELBERT T. BUCK, JR., 0000 alist retired General Lebed—believed I thank the Chair for listening and I CRAIG W. BULKLEY, 0000 that NATO enlargement constitutes a PHILLIP R. BURCH, 0000 yield the floor. DAVID P. BURFORD, 0000 security threat to Russia. f MICHAEL T. BURK, 0000 We have seem Russia ratify the DONALD L. BURNETT, 0000 JAMES L. BURSON, 0000 Chemical Weapons Convention, renew ADJOURNMENT UNTIL 9:30 A.M. JOHN L. CAIRER, JR., 0000 efforts to ratify START II, send troops TOMORROW TERRY B. CALLAHAN, 0000 WAYNE T. CAMERON, 0000 under overall U.S. command to imple- The PRESIDING OFFICER. Under JULIO CAPOCAPO, 0000 ment peace in Bosnia, and work MICHAEL E. CARR, 0000 the previous order, the Senate stands CASPER CATAUDELLA, 0000 smoothly with NATO as an organiza- adjourned until 9:30 a.m. tomorrow. DENNIS L. CELLETTI, 0000 tion in the new Russia-NATO Perma- THOMAS E. CHALIFOUX, 0000 Thereupon, the Senate, at 6:50 p.m., STEPHEN G. CHAMBERS, 0000 nent Joint Council. adjourned until Thursday, February 12, JAMES E. CHAPMAN, 0000 But ultimately, Russia must under- RONALD L. CHUBB, 0000 1998, at 9:30 a.m. RAY D. CLEVEN, 0000 stand that it has no veto over NATO f ANTONIO R. COBIAN-MENDEZ, 0000 actions, nor over the right of former GILBERT P. COLLINS, 0000 STEPHEN D. COLLINS, 0000 Soviet satellites to freely choose their NOMINATIONS WILLIAM D. COLVIN, 0000 defense arrangements. I believe their WILLIAM G. CONFER, 0000 Executive nominations received by REX J. CONNERS, 0000 actions demonstrate that they have the Senate February 11, 1998: JOHN K. COOLEY, 0000 come to terms—however grudgingly— BILLIE M. COOPER, 0000 DEPARTMENT OF COMMERCE LARRY D. COPELIN, 0000 with this fact. BILLY J. COSSON, 0000 My fourth thesis is a caution. The DEBORAH K. KILMER, OF IDAHO, TO BE AN ASSISTANT PAUL D. COSTILOW, 0000 SECRETARY OF COMMERCE, VICE JANE BOBBITT, RE- REBECCA A. COULTER, 0000 consequences of a failure to embrace SIGNED. TERRY R. COUNCIL, 0000 the Poles, Hungarians, and Czechs as DEPARTMENT OF JUSTICE ALLEN D. CRANFORD, 0000 MICHAEL S. CROCKER, 0000 new allies would be a disaster. RICHARD H. DEANE, JR., OF GEORGIA, TO BE UNITED MICHAEL J. CURTIN, 0000 This century has taught us that when STATES ATTORNEY FOR THE NORTHERN DISTRICT OF DONNA L. DACIER, 0000 GEORGIA FOR THE TERM OF FOUR YEARS VICE KENT MICHAEL J. DACY, 0000 Central Europeans are divorced from BARRON ALEXANDER, RESIGNED. FRANCIS A. DANIELS, 0000 Western institutions of common de- RANDALL DEAN ANDERSON, OF UTAH, TO BE UNITED HAROLD F. DANIELS, 0000 STATES MARSHAL FOR THE DISTRICT OF UTAH FOR THE CHARLES H. DAVIDSON, 0000 fense, they are vulnerable to pressure TERM OF FOUR YEARS, VICE DANIEL C. DOTSON, RE- JOHN T. DAVIS, 0000 and control by the great powers around TIRED. MYLES L. DEERING, 0000 DANIEL C. BYRNE, OF NEW YORK, TO BE UNITED PAUL J. DEGATEGNO, 0000 them, and susceptible to insidious sus- STATES MARSHAL FOR THE EASTERN DISTRICT OF NEW PHILIP M. DEHENNIS, 0000 picions of their neighbors’ intentions. YORK FOR THE TERM OF FOUR YEARS VICE MICHAEL A. ROBERT F. DELCAMPO, 0000 PIZZI, RESIGNED. MILTON E. DEMORY, 0000 This forces them to nationalize their BRIAN SCOTT ROY, OF KENTUCKY, TO BE UNITED CRAIG W. DEUTSCHENDORF, 0000 defense policies, creating tension and STATES MARSHAL FOR THE WESTERN DISTRICT OF KEN- GREGORY H. DEVOE, 0000 TUCKY FOR THE TERM OF FOUR YEARS, VICE CHARLES DAVID L. DICKSON, 0000 instability WILLIAM LOGSDON, RESIGNED. RENE DOLDER, 0000 MICHAEL R. DONAGHY, 0000 Here, I would like to quote from Dr. THE JUDICIARY Henry Kissinger’s testimony to the MARK C. DOW, 0000 CHESTER J. STRAUB, OF NEW YORK, TO BE UNITED ROY L. DRAKE, JR. 0000 Foreign Relations Committee on this STATES CIRCUIT JUDGE FOR THE SECOND CIRCUIT, VICE MARK W. DUSHNYCK, 0000 JOSEPH M. MCLAUGHLIN, RETIRED. WALTER K. DYER, 0000 very point. Dr. Kissinger’s testimony DONALD E. EBERT, 0000 to the Foreign Relations Committee on NATIONAL FOUNDATION ON THE ARTS AND THE LESTER D. EISNER, 0000 HUMANITIES MARK A. ELLIS, 0000 this very point was very, very enlight- STEPHEN B. ENGLE, 0000 ening, I thought. WILLIAM JAMES IVEY, OF TENNESSEE, TO BE CHAIR- ROGER D. EVANS, 0000 PERSON OF THE NATIONAL ENDOWMENT FOR THE ARTS MICHAEL R. EYRE, 0000 Kissinger warned: Basing European and At- FOR A TERM OF FOUR YEARS, VICE JANE ALEXANDER, TERRY FOBBS, 0000 lantic security on a no man’s land between TERM EXPIRED. WILLIAM A. FOLEY, 0000 WILLIAM P. FOSTER, 0000 Germany and Russia runs counter to all his- NATIONAL TRANSPORTATION SAFETY BOARD JULIUS A. FRALEY, 0000 torical experience, especially that of the JAMES E. HALL, OF TENNESSEE, TO BE CHAIRMAN OF ROBERT P. FRENCH, 0000 interwar period. It would bring about two THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A WILLIAM J. FULFORD, 0000 TERM OF TWO YEARS. (REAPPOINTMENT) JOHN T. FURLOW, 0000 categories of frontiers in Europe, those that CHARLES L. GABLE, 0000 are potentially threatened but not guaran- IN THE ARMY JOHN D. GAINES, 0000 teed, and those that are guaranteed but not DAVID D. GAPINSKI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES P. GARDNER, 0000 threatened. If America were to act to the de- TO THE GRADE INDICATED IN THE RESERVE OF THE JOSEPH E. GARLAND, 0000 fend the Oder [between Germany and Poland] ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEPHEN F. GARRISON, 0000 but not the Vistula [in Poland], 200 miles to To be colonel ALAN C. GAYHART, SR. 0000 DENNIS GILPATRICK, 0000 the east, the credibility of all the existing CRAIG H. ANDERSON, 0000 HAROLD GLANVILLE, 0000 NATO guarantees would be gravely weak- LARRY L. ANDERSON, 0000 DAVID E. GOINS, 0000 ened. NORMAN E. ARFLACK, 0000 RONNIE E. GORDON, 0000 JAMES F. ARMSTRONG, 0000 MICHAEL A. GORMAN, 0000 Madam President, I will close with a JIMMY D. ARMSTRONG, 0000 PAUL R. GRAMS, 0000 fifth and final thesis, and it is a moral ROBERT W. ASKEY, 0000 DAVID L. GRAY, 0000 MICHAEL A. BAILEY, 0000 MICHAEL C. GRAY, 0000 one. DENNIS E. BANOWETZ, 0000 MARK S. GRAZIER, 0000

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DAVID E. GREER, 0000 KEVIN F. MC CROHAN, 0000 GARTH T. SCISM, 0000 RALPH R. GRIFFIN, 0000 GEORGE W. MC CULLEY, 0000 MICHAEL SEBASTIAN, 0000 DAVID J. GRIFFITH, 0000 JOE D. MC DOWELL, 0000 JACKIE L. SELF, 0000 RUSSELL D. GULLETT, 0000 PATRICK F. MC GOVERN, 0000 VICTOR L. SHELDON, 0000 DAVID F. GUNN, 0000 DAVID F. MERRILL, 0000 JAMES H. SHIREY, 0000 MICHAEL HACKENWERTH, 0000 STEPHEN F. MILLER, 0000 JAMES L. SIMPSON, 0000 GARY M. HARA, 0000 DENNIS MINER, 0000 WILLIAM A. SLOTTER, 0000 BILLY R. HARTBARGER, 0000 FREDERICK E. MINER, 0000 HERBERT D. SMILEY, 0000 EARL W. HARTER, 0000 JESUS M. MOLANOCARDENAS, 0000 PERRY G. SMITH, 0000 STEVEN J. HASHEM, 0000 MICHAEL B. MONTGOMERY, 0000 STEVEN A. SMITH, 0000 DONALD J. HASSIN, 0000 ROBERT L. MOODY, 0000 WILLIAM T. SMITH, 0000 PAUL HAVEY, 0000 MARIA E. MOON, 0000 KARL P. SMULLIGAN, 0000 JOHN R. HAWKINS, 0000 JEROME T. MORIARTY, 0000 STANLEY L. SNIFF, 0000 LEONARD T. HENDERSON, 0000 ANTHONY MORRISON, 0000 DEE J. SNOWBALL, 0000 PATRICK R. HERON, 0000 RONALD H. MOSKOWITZ, 0000 JAMES L. SNYDER, 0000 JOHN B. HERSHMAN, 0000 JAMES A. MOYE, 0000 FRANK T. SPEED, 0000 WILLIAM A. HIPSLEY, 0000 ROBERT L. MULLALY, 0000 DANIEL S. SPRING, 0000 JOHN C. HOLLAND, 0000 WILLIAM R. MURPHY, 0000 ROBERT J. STAIERT, 0000 PAUL M. HOUSE, 0000 WILLIAM P. MURRAY, 0000 BRUCE A. STARKEY, 0000 GREGORY A. HOWARD, 0000 JOHN L. NATTERSTAD, 0000 JOHN B. STAVOVY, JR, 0000 DONNA L. HUBBERT, 0000 MURRAY A. NEEPER, 0000 LARRY J. STUDER, 0000 THOMAS C. HUNT, 0000 CHARLES R. NESSMITH, 0000 ROBERT L. SWARTWOOD, 0000 THOMAS W. HUNT, 0000 CHARLES H. NEWELL, 0000 BASIL O. SWEATT, 0000 ROBERTA S. IMMERS, 0000 HERBERT L. NEWTON, 0000 RICHARD M. TABOR, 0000 CHARLES L. INGRAM, 0000 SUZANNE M. NEWTON, 0000 ROBERT S. TEMPLETON, 0000 CHRISTOPHER A. INGRAM, 0000 ROBERT M. NICHOLAS, 0000 WYNIACO D. THOMAS, 0000 CLAUDE T. ISHIDA, 0000 RICHARD L. NORMAN, 0000 REX E. THOMPSON, 0000 STANLEY G. JACOBS, 0000 MARTIN N. NOWAK, 0000 WILLIAM F. TIEMANN, 0000 DENNIS E. JACOBSON, 0000 MADONNA M. NUCE, 0000 CHARLES K. TOBIN, 0000 WALTER S. JANKOWSKI, 0000 ARTHUR C. NUTTALL, 0000 ELROY K. TOMANEK, 0000 CARL R. JESSOP, 0000 DENNIS J. O’BRIEN, 0000 ALAN A. TOMSON, 0000 KENNETH C. JOHNSON, 0000 PATRICK M. O’HARA, 0000 NELSON E. TORRES, 0000 SHELDON L. JOHNSON, 0000 EMMETT N. O’HARE, 0000 JAMES R. TRIMBLE, 0000 WILLIAM G. JOHNSON, 0000 JAMES W. OXFORD, 0000 HUGHES S. TURNER, 0000 FREDDIE L. JONES, 0000 CHARLES C. PANGLE, 0000 PATRICK J. TUSTAIN, 0000 FREDRICK D. JONES, 0000 GARY A. PAPPAS, 0000 DAVID R. TUTHILL, 0000 WALTER M. JONES, 0000 LOUIS A. PAPPAS, 0000 RONALD W. URBAN, 0000 WILLIE E. JONES, JR, 0000 THOMAS W. PARKINS, 0000 THOMAS E. VANDERPOOL, 0000 JAMES JOSEPH, 0000 JAMES A. PATTON, 0000 ROBERT W. VANMETER, 0000 FRED A. KARNIK, JR, 0000 PETER Q. PAUL, 0000 JERRY A. VAUGHN, 0000 ROBERT F. KEANE, 0000 DAVID J. PAYNE, 0000 PHILIP E. VERMEER, 0000 JAMES E. KELLY, 0000 DENIS J. PETCOVIC, 0000 DANIEL J. VONDRACHEK, 0000 HOLLIS G. KENT, 0000 MURRAY T. PETERSEN, 0000 WILLIAM L. WALLER, 0000 BRIAN A. KILGARIFF, 0000 JAMES W. PETERSON, 0000 RONALD L. WEAVER, 0000 KIM KIMMEY, 0000 STEPHEN M. PETERSON, 0000 CHARLES R. WEBB, 0000 CRAIG S. KING, 0000 EMIL H. PHILIBOSIAN, 0000 NANCY J. WETHERILL, 0000 JAMES H. KING, 0000 PHILIP G. PICCINI, 0000 GARY E. WHEELDON, 0000 ROBERT C. KING, 0000 BILLY L. PIERCE, 0000 BERT J. WHITTINGTON, 0000 WILLIAM C. KIRKLAND, 0000 MICHAEL L. PIERCE, 0000 MARK E. WIDMER, 0000 MARK S. KOPSKY, 0000 DAVID S. PIKE, 0000 WILLIAM WILBOURNE, 0000 RICHARD KUECHENMEISTER, 0000 ALBERT PORTO, 0000 JOE D. WILLINGHAM, 0000 THOMAS J. KUTZ, 0000 DONALD E. POTTER, 0000 JOHN F. WILLIS, 0000 HENRY T. KUZEL, 0000 ALLYN R. PRATT, 0000 ROBERT C. WINES, 0000 DIANNE S. LANGFORD, 0000 WAYNE A. PRATT, 0000 MICHAEL L. WOOD, 0000 CHARLES B. LANIER, 0000 CHARLES C. PRICE, 0000 WILLIAM S. WOOD, 0000 ANTONIO S. LAUGLAUG, 0000 MICHAEL L. PRICE, 0000 JAMES A. WRIGHT, 0000 THOMAS C. LAWING, 0000 RONALD G. PRICE, 0000 JEFFREY L. YEAW, 0000 JACK E. LEE, 0000 GARY M. PROFIT, 0000 JOHN L. YOUNG, 0000 WILLIAM T. LEE, 0000 ERNESTO QUINONESMARTIN, 0000 JOHNNIE L. YOUNG, 0000 CLAY C. LEGRANDE, 0000 DAVID W. RAES, 0000 WALTER F. YOUNG, 0000 PHILLIP J. LENNERT, 0000 JAMES W. RAFFERTY, 0000 MICHAEL H. ZANG, 0000 MYRON C. LEPP, 0000 JOHN J. REECE, JR., 0000 KENNETH W. ZIESKA, 0000 GARY N. LINDBERG, 0000 ROBERT E. REED, 0000 BRUCE E. ZUKAUSKAS, 0000 DANIEL M. LINDSLEY, 0000 STEVEN L. REED, 0000 RICHARD K. LINTON, 0000 JOHNNY H. REEDER, 0000 f BETSY A. LITTLE, 0000 JEFFREY C. REYNOLDS, 0000 CASIMIR G. LORENC, 0000 ANDREW RICHARDSON, 0000 CONFIRMATIONS THOMAS D. LUCKETT, 0000 GARY G. RICKMAN, 0000 JOHN B. LYDA, 0000 ROBERT J. RIDILLA, 0000 Executive nominations confirmed by KENNETH L. MACK, 0000 GLENN K. RIETH, 0000 ROBERT M. MACMECCAN, 0000 TIMOTHY D. RINGGOLD, 0000 the Senate February 11, 1998: GLENN W. MAC TAGGART, 0000 JAIME O. RIVERA, 0000 GREGG H. MALICKI, 0000 CHARLES S. RODEHEAVER, 0000 DEPARTMENT OF AGRICULTURE JAMES B. MALLORY, 0000 ALEKSANDRA M. ROHDE, 0000 SALLY THOMPSON, OF KANSAS, TO BE CHIEF FINAN- JOHN C. MALONEY, 0000 JOHN W. ROLLYSON, 0000 CIAL OFFICER, DEPARTMENT OF AGRICULTURE. STEVEN L. MANNHARD, 0000 JAMES T. ROOT, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JANET V. MARK, 0000 JOSE M. ROSADO, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- DAVID L. MARLEY, 0000 GEORGE M. ROSS, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY PASCUAL MARRERO, 0000 KENNETH B. ROSS, 0000 CONSTITUTED COMMITTEE OF THE SENATE. MARION D. MARSH, 0000 LAWRENCE H. ROSS, 0000 EUGENE C. MARTIN, 0000 JOEL S. ROSTBERG, 0000 THE JUDICIARY CHARLES E. MASON, 0000 CHARLES D. RYDELL, 0000 MATTHEW C. MATIA, 0000 TERRY L. RYDELL, 0000 MARGARET M. MORROW, OF CALIFORNIA, TO BE MICHAEL T. MC CABE, 0000 DAVID F. SARNOWSKI, 0000 UNITED STATES DISTRICT JUDGE FOR THE CENTRAL JEFFREY C. MC CANN, 0000 STEPHEN D. SCHAER, 0000 DISTRICT OF CALIFORNIA. JAMES C. MC CASKILL, 0000 ROBERT C. SCHARLING, 0000 EXECUTIVE OFFICE OF THE PRESIDENT WILLIAM M. MC CORKLE, 0000 LARRY D. SCHIED, 0000 GARY L. MC CORMICK, 0000 JAMES A. SCHILLER, 0000 ROBERT S. WARSHAW, OF NEW YORK, TO BE ASSOCIATE BERNARD D. MC CRAW, 0000 GEORGE A. SCHWENK, 0000 DIRECTOR FOR NATIONAL DRUG CONTROL POLICY.

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ANATOLY KORNUKOV opened their doors, there have been tremen- ChinaÐas virtual sweatshops.'' Because this dous changes in the lives of many children. is a U.S. territory, $810 million worth of gar- HON. GERALD B.H. SOLOMON Originally, GENESIS, INC. opened one resi- ments manufactured under these conditions in OF NEW YORK dential group home in Fresno to serve female 1997 entered the U.S. dutyÐ and quota-free adolescents who were predominately Hispanic and allowed to bear the ``Made in USA'' label. IN THE HOUSE OF REPRESENTATIVES and under-served. The number of group One Chinese woman describes restrictive Wednesday, February 11, 1998 homes has grown to six with over forty-two cli- labor practices that include being forbidden Mr. SOLOMON. Mr. Speaker, something ents in placement. GENESIS also established from attending church. Another tells of working very outrageous has just happened in Russia three community schools to assist with their seven days a week and only occasionally get- that should be an affront to all Americans. educational needs and goals. GENESIS has ting a half-day off on Sundays. Human rights As we all remember, on September 1, 1983, been committed to providing job opportunities advocates say ``many guest workers endure the Soviet Union shot down a civilian jetliner, to Valley residents and has prided itself on the unpaid work, forced overtime, withheld wages Korean Airlines flight 007. ability to provide quality employment for both and unsafe workplaces.'' Well Mr. Speaker, the very general who men and women of diverse culture and back- Many foreign workers live in ``squalid shacks gave the order to murder those civilians, in- grounds. Furthermore, GENESIS has provided without running water, sufficient toilets or prop- cluding our friend and colleague Congressman a learning environment for university interns er ventilation'' but ``are too deep in debt back Larry McDonald, has just been appointed by and volunteers who receive valuable on-the- home to risk getting fired'' by speaking out President Yeltsin as the new Chief of Staff of job training and experience under the super- about unfair treatment, poor working condi- the Russian Air Force. vision of highly skilled professionals. tions, or improper wages. Indeed, many of And do you know what? This general, The California State Chamber of Commerce these workers have sold their family's land, Anatoly Kornukov, still doesn't regret that he recognizes one top female owned business on their homes, and have borrowed the money from loan sharks to pay recruiters who have gave the order. He still maintains the Soviet an annual basis. On September 19, 1997 promised them good, high-paying jobs in fiction that KAL 007 was on a spy mission. Genesis incorporated received this award America. The workers must repay these loans That's right, 61¤2 years after Boris Yeltsin under the criteria of success and contributions or risk harm to themselves and their families. stood on that tank, and led the dissolution of to the community. Genesis was chosen As the article attests, the CNMI is hardly a among 30 other nominations from around the the Soviet empire, old Communist thinking not good example of a situation we in Congress state of California. only persists in Russia, it is in fact prevalent would want to emulate in our hoe States. Mr. Speaker, it is with great honor that I pay and is being rewarded by Boris Yeltsin. Rather, it is an example of what can go hor- And 6 years after we put Russia on the for- tribute to Elaine (De La Torre) Bernard and ribly wrong when a U.S. territory government eign aid dole, to the tune of over $50 billion Carol De La Torre of Genesis, Inc. for over 10 develops an economy based heavily on the from American and Western taxpayers, this is years of outstanding community service. It is importation of cheap, alien, indentured work- the thanks we get. the leadership and care exhibited by these two ers, who are granted no stake in society, and It is time for this administration to put their sisters that warrant this recognition. I ask my who are denied adequate labor protections by foot down and demand the removal of this kill- colleagues to join me in wishing Elaine (De La the local government. er, otherwise there will be no more foreign aid Torre) Bernard and Carol De La Torre many Congress can, and should, take action to to Russia. more years of success. correct this situation. I have introduced legisla- f f tion, HR 1450Ðthe ``Insular Fair Wage and CONGRATULATIONS TO ELAINE PHILADELPHIA INQUIRER EX- Human Rights Act'' that would place the CNMI (DE LA TORRE) BERNARD AND POSES LABOR ABUSES ON U.S. immigration system under federal law, bringing CAROL DE LA TORRE OF GEN- SOIL the CNMI into conformity with every other U.S. territory. Further, this legislation will incremen- ESIS, INC. tally increase the local minimum wage until it HON. GEORGE MILLER reaches the federal level, and provide that HON. GEORGE P. RADANOVICH OF CALIFORNIA garments only be allowed to bear the ``Made OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES in USA'' label if all federal laws were adhered IN THE HOUSE OF REPRESENTATIVES Wednesday, February 11, 1998 to in the manufacture of the garment. [From the Philadelphia Inquirer, Feb. 8, 1998] Wednesday, February 11, 1998 Mr. MILLER of California. Mr. Speaker, the Mr. RADANOVICH. Mr. Speaker, I rise following article appeared in the February 9, YOUR PRICEY CLOTHING IS THEIR LOW-PAY WORK today to congratulate Elaine (De La Torre) 1998 Philadelphia Inquirer and describes the (By Jennifer Lin) Bernard and Carol De La Torre of GENESIS, living and working conditions in the U.S. Com- SAIPAN, NORTHERN MARIANA ISLAND.— The Inc. for being recognized Business Women of monwealth of the Northern Mariana Islands rest of America may worry about losing jobs the Year by the Central California Hispanic (CNMI). This article, ``Your Pricey Clothing is to Asia, but this lush island in the far west- Chamber of Commerce, and Top Female Their Low-Pay'' offers additional examples of ern Pacific has created an outpost of Asia Owned Business by the California State the alarming conditions under which many right on American soil. Chamber of Commerce. As sisters and own- workers in this U.S. territory toil. Pacific Rim investors—primarily overseas ers of Genesis, Elaine and Carol have made Every independent reporter who has trav- Chinese and Koreans—have flocked to this countless contributions to the community and eled to the CNMI to investigate the working U.S. territory, building a profitable world- class garment industry. They hire workers are very deserving of recognition. and living conditions of the tens of thousands from China. They import fabric, buttons and For the past 10 years, Elaine Bernard and of imported foreign workers thereÐwhose zippers from China. And in many cases, they Carol De La Torre have dedicated their lives population outnumbers that of the U.S. citi- run their factories just as they would in to Genesis, Inc., a non-profit organization that zensÐhas reached the same alarming conclu- China—as virtual sweatshops—ignoring U.S. provides residential treatment, foster care and sion: U.S. laws designed to protect workers on laws designed to protect workers. supportive family services to children who U.S. soil are not being adequately applied or Even so, the factories can sew ‘‘Made in have been sexually, physically and/or emotion- enforced. Instead, this part of America has be- the U.S.A.’’ onto clothing, skirt U.S. duties and quotas, and pay their workers far less ally abused, neglected or abandoned. The come an outpost for foreign investors, the con- than the U.S. minimum wage. Attempts to Genesis goal is to serve in the Fresno county struction, tourism and garment industries rescind those privileges have been opposed area and community by providing interventions being the major suppliers of foreign workers. by several American lawmakers, some of and building blocks for area youth and fami- In the CNMI, Chinese labor bosses are able to whom have taken trips to Saipan paid for by lies. From the moment Genesis group homes ``run their factories just as they would in the island government.

∑ 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. E126 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 The coveted ‘‘Made in the U.S.A.’’ label is The islands’ garment wages are far higher In a letter to officials in Saipan in June, like a seal of approval for clothing-makers, than the 20 to 50 cents per hour paid in the DeLay and House Majority Leader Dick implying that products are untainted by world’s lowest-paying countries. But the ex- Armey (R., Texas) said any legislation that labor abuses the American buying public as- emptions from U.S. standards—and the di- would harm the islands’ economy runs sociates with garments made in Asian sweat- rect pipeline to the U.S. retail market—more counter to the ‘‘principles of the Republican shops. But it has lost much of its meaning in than compensate. The transplanted Asian Party.’’ Adam Turner, a spokesman for Juan Saipan. garment industry here is growing at a rate of N. Babauta, the Marianas’ representative in Such companies as J.C. Penney, Ralph 45 percent a year, according to the U.S. Com- Washington, said only ‘‘a handful’’ of Lauren, Tommy Hilfiger and Jones New merce Department. Saipan’s factories could be considered sub- York have paid factories here to make their In an effort to promote economic growth, standard. clothing under contract. The suppliers pay the exemptions were negotiated by island ‘‘Hopefully,’’ he said, ‘‘the local govern- less than U.S. minimum wage and ship duty- leaders and approved by Congress in 1976, a ment will do a better job cleaning it up.’’ free to the U.S.—giving them a decided ad- year after islanders voted for U.S. common- In fact, most of the islands’ impoverished vantage over competitors who make gar- wealth status. (The United States seized con- garment workers are grateful to earn $3 an ments in the U.S. trol of the islands from Japan after World hour. But they work on U.S. soil, and it is in- Often it is impossible for American shop- War II.) disputable that conditions in many plants pers to know whether a ‘‘Made In U.S.A.’’ Island leaders argued that the territory in here would not pass muster in America. shirt was sewn by workers in Philadelphia or 1976 was too underdeveloped to afford the Eric Gregoire, who until November was a by low-wage Chinese in Saipan. (Sensing federal minimum wage. Islanders also were human-rights monitor for the Catholic problems, some U.S. companies have asked intent on controlling immigration. With a Church, said some workers are forbidden by their Saipan suppliers to switch to labels population in 1976 of only 14,000, the islands their Asian bosses to come and go as they that say ‘‘Made in the Northern Marianas’’ feared being overrun by Asians trying to mi- please or to live as freely as people in the or ‘‘Made in Saipan.’’) grate to the United States but getting no United States. Last year, garmet factories on the islands farther than Saipan. ‘‘We’re all for economic prosperity, but shipped a projected $810 million in clothing (American Samoa has a small number of you have to look at the other side of the to the U.S. mainland. Had the merchandise Chinese workers, but most of its ‘‘guest ledger,’’ said Allen Staymen, head of the of- been treated like imports from Asia, the U.S. workers’’ come from neighboring Western fice dealing with U.S. territories for the U.S. Treasury could have collected $150 million in Samoa and Tonga.) Department of Interior. ‘‘Slavery also was a Island leaders say they need the exemp- duties. very prosperous economic system. Prosper- Most workers in Saipan’s garment indus- tions to protect their economy. Employers ity in itself doesn’t justify behavior that is try are Chinese, and 21 of the 26 factories are contend that locals do not want the back- not acceptable in the United States.’’ owned by Asian investors. China’s giant, breaking, low-wage sewing or construction In just 15 years, Saipan has built a flour- jobs that go to outsiders. government-controlled textile industry has ishing garment industry from almost noth- Foreign laborers are so hungry for work set up shop here as a way of avoiding strict ing. Its factories employ about as many peo- U.S. quotas. Marianas Garment Manufactur- that they pay thousands of borrowed dollars ple as does Philadelphia’s beleaguered ap- ing Inc., indirectly owned by the Chinese to middlemen to get them jobs. Once here, parel-and-textile trade, which has lost thou- textile industry, hires all 500 of its workers many live like indentured servants. sands of jobs to overseas competitors. in China and flies them here to sew ‘‘Made in Coming from China, the Philippines, Ban- gladesh and Sri Lanka, they sew clothing, ‘‘It’s an absolute insult to American work- Saipan, U.S.A.’’ onto its clothing. ers and American taxpayers that you would There is no other place in the United build factories, clean houses, cook meals, be able to make these products using harshly States or its territories like the Common- wait on tourists, work as hostesses in exploited individuals and foreign workers wealth of the Northern Mariana Islands, a karaoke bars, pave roads and guard hotels. chain of 14 scenic islands, including the larg- Critics—including President Clinton—charge and then get all the benefits of using the est, Saipan, where more than 5,000 American that the Northern Mariana Islands are flout- ‘Made in the U.S.A.’ label,’’ said Rep. George troops died in a World War II battle. ing basic American values. Clinton has chas- Miller (D., Calif.), who is pushing to take It is the only place on U.S. soil where the tised the island government for importing away most of the islands’ privileges. local government can set its own rules on destitute Asians despite an unemployment Spokesmen for several U.S. companies said minimum wage, and one of two with its own rate of 14 percent among natives on the is- their monitors have found no evidence of immigration policy (along with American lands, where 30 percent of all citizens live substandard conditions in island plants that Samoa). below the poverty line. In a letter last May, sew their garments. ‘‘We do monitor those It is the only place where factories import the President called labor practices on the factories where we do sourcing in the Mari- entire workforces and can pay them $3.05 an islands ‘inconsistent with our country’s val- anas, and to date have had very satisfactory hour, well below the minimum wage of $5.15 ues.’’ results,’’ said Wes Card, chief financial offi- an hour in the United States and the $8 an On Jan. 14, a bipartisan U.S. congressional cer of Jones Apparel Group Inc. of Bristol, hour earned by the typical American gar- commission noted that ‘‘only a few coun- which retails the Jones New York label. ment worker. tries, and no democratic society, have immi- One of biggest island factories is Marianas And it is the only place where foreign gration policies’’ as open to abuse as Garment Manufacturing Inc.—indirectly workers outnumber citizens—about 35,000 Saipan’s. The commission recommended ex- owned by the China National Textiles Import ‘‘guest workers’’ to 27,000 U.S. citizens. tending U.S. labor and immigration laws to & Export Corp. (Chinatex), a behemoth that The Northern Mariana Islands offer just the islands—reforms also proposed by the handles $1.2 billion in Chinese textile exports one example of how intense global competi- Reagan and Bush administrations. to the world, much of it to the United tion combines with an ample supply of des- Pending in Congress are bills that would States. perately poor laborers to perpetuate sweat- gradually raise the islands’ minimum wage Robert O’Connor, a Saipan-based attorney shop conditions. Garment manufacturers to the federal level, impose federal guide- for the company, denied that the factory, hopscotch the globe in search of cheap labor, lines for immigration, and restrict the use of known locally as MGM, is tied to the Chinese cutting deals with local contractors who the ‘‘Made in the U.S.A.’’ label. state-run textile industry. promise ever cheaper and more pliant work- The Marianas government has hosted a ‘‘The name Chinatex has never had any- ers. When wages rise or workers become res- steady stream of congressional visitors, at thing to do with this corporation,’’ O’Connor tive, manufacturers spread some of their an estimated cost of more than $500,000. The said. work to the next cheap site, from Taiwan Roll Call newspaper reported that in the last In fact, all of the individuals listed as di- and South Korea in the 1980s to Mexico and year, seven lawmakers, 75 aides, five spouses rectors and officers of the Saipan factory are Honduras today. and one child—House Majority Whip Tom executives with the Osaka, Japan, branch of- Often, the result is substandard working DeLay (R., Texas) took his daughter)—have fice of Chinatex. conditions and subsistence wages, despite traveled to Saipan, at a cost of about $5,000 Wu Yong, president of the MGM factory, campaigns by labor and human-rights groups a person. Typically, the visitors stay in said in a telephone interview from Osaka that have improved the lives of many gar- beachfront hotels, tour new factories, and that Chinatex opened the factory because ment workers. The persistence of sweatshops visit golf courses and coral reefs. shipments from Saipan are not controlled by preserves the low prices and wide selection ‘‘Everybody cries ‘junket,’ ’’ said Tony U.S. quotas on textile imports. The United Americans enjoy for imported garments. But Rudy, DeLay’s press secretary. ‘‘. . . The States sets comprehensive limits on ship- sweatshops also make American-made gar- fact is that our schedule was filled with ments of clothing coming from other coun- ments less competitive while swelling Amer- meetings from top to bottom.’’ tries in order to protect U.S. textile jobs. ican’s massive trade deficit with the rest of Rudy said DeLay toured factories and The factory uses labels that say ‘‘Made in the world—led by China. spoke with workers, who told him they Saipan, U.S.A.’’ and ‘‘Made in the U.S.A.’’ What makes the Northern Mariana Islands earned more in Saipan than they could in MGM is one of several garment factories unique is that manufacturers here rely not their native countries. charged in recent years with violations of on local workers (who are U.S. citizens) but ‘‘If you bump that up to $5 or whatever an federal labor laws. In 1992, the island govern- on imported workforces of impoverished la- hour,’’ Rudy said, companies will ‘‘just take ment accused the Chinese factory of keeping borers eager to toil for low wages, often the next plane over to the Philippines, where two sets of books and paying sweatshop under sweatshop conditions. they can pay $1 an hour.’’ wages—half of the territory’s minimum February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E127 wage, which was $2.15 an hour at the time. In But restrictive labor practices persist in soul, and is created in the image and like- September, the company settled the charges many garment factories here, despite limited ness of God. Despite the physical condition by paying $1 million in back wages. reforms and continued pressure by human- of the baby, or the circumstances of concep- ‘‘That happened five years ago,’’ Wu said rights groups. Recently, Chinese women were tion, all are equal in the sight of God. through an interpreter. ‘‘It’s not happening forbidden by their employer from attending Whether deformed, retarded, black or white, anymore.’’ a Christian church. The church’s Korean pas- protectors of life must keep in mind that Far from Saipan’s luxury hotels are what tor had to remind the South Korean factory Christ’s truth is without exception, and all the U.S. Interior Department calls ‘‘labor manager that people in the United States are pre-born babies possess the right to life. camps,’’ home to 20,000 Asian workers. The free to practice religion. There are no exceptions, no compromises, fortunate ones get dormitories with bunk At another South Korean garment com- when it comes to the life of ANY baby. beds and communal bathrooms. Others find pany—formerly S.R. Corp., now Coral Fash- The Catholic Church proclaims that all themselves consigned to squalid shacks with- ion Inc.—workers were told that they could men are ‘‘obliged to honor and bear witness out running water, sufficient toilets or prop- leave their barracks only twice a week for to the truth’’. In fact, it is our duty to de- er ventilation. one hour. Violators ‘‘will be barred from fend the pre-born. St. Thomas Aquinas Young Chinese women spend their days going out the barracks indefinitely,’’ the states, ‘‘As a matter of honor, one man owes hunched over sewing machines under fluores- company wrote in a notice posted on Feb. 6, cent lights. The hours are long and the con- 1997. The factory has since been warned by it to another to manifest the truth.’’ ditions sometimes harsh, but few complain. local officials that it is against the law in Abortion is a direct violation of the truth. They are too deep in debt back home to risk the United States to lock up one’s workers. The entire platform of the pro-abortion getting fired. movement is based on lies. Their many f Some Chinese men said they paid $7,000 statements such as ‘‘It’s a woman’s body’’; apiece for construction jobs, while Chinese FOOD CHECK-OUT DAY ‘‘It’s a blob of tissue’’; ‘‘The mother’s life is seamstresses are charged from $3,000 to $4,000 at stake’’ are attempts to justify the murder each for passage here—often as much as they of a pre-born human being. Abortion can will earn in a year after paying taxes and HON. JON CHRISTENSEN never be justified, for everyone knows in his fees for room and board. The money goes to OF NEBRASKA conscience that it is wrong. Chinese government middlemen, who secure passports and arrange jobs. IN THE HOUSE OF REPRESENTATIVES These remarks have been proven wrong by Once here, guest workers are vulnerable to Wednesday, February 11, 1998 people who have LIVED Christ’s truth. The exploitation. Human-rights advocates say most vivid example in my mind happened many guest workers endure unpaid work, Mr. CHRISTENSEN. Mr. Speaker, Monday, two years ago during my Mother’s crisis forced overtime, withheld wages and unsafe February 9th, was ``Food Check-Out Day.'' pregnancy, when her water broke and she workplaces. ``Food Check-Out Day'' marks the day when went into labor prematurely. The doctors re- A seamstress from southern China said she most Americans have earned enough money fused to give her medical treatment to help is forced to work seven days a week at Mi- to pay for all the food they will consume for save my twenty-week old pre-born brother, cronesian Garment Manufacturing Inc., one the year. American families spend just 10.9 John Paul. They said my Mother would die if of the largest factories, with nearly 300 the pregnancy continued, and declared she workers. Occasionally, she said, she can take percent of their disposable income for food should have the abortion for the ‘‘sake of the a half-day off on Sunday to wash her clothes compared to 15 percent in France, 18 percent mother’’. in Germany and 33 percent in Mexico. or write letters. Several workers said the With the help of many friends, Mom was Besides supplying the country with an af- garment factory, controlled by Hong Kong able to stay at home, never leaving her bed and mainland Chinese investors, would not fordable food supply, the American farmer pro- for ninety-three days. Our family endured grant overtime unless the women met their vides jobs to workers off the farm. For each many trials to keep my brother alive. We daily quotas. Typically, if a worker falls be- dollar spent on food in this country, only 23 were rewarded when he was delivered at thir- hind, she must reach her quota on her own cents goes to the farmer; 77 cents goes to ty-three weeks, for this was long after the time just to qualify for time-and-a-half over- food marketing, processing, retailing, generat- time the doctors said he would be dead. He time pay. lived twenty-three hours, and received Bap- Steve Yim, a Hong Kong-based manage- ing thousands of jobs for American workers. In tism and Confirmation before he went ment consultant for Micronesian Garment my State of Nebraska, 1 out of 4 jobs are tied ‘‘straight to Heaven’’. Many in the world Manufacturing Inc., confirmed that workers to agriculture. took our experience for a failure, but we must meet their quotas before they can earn Mr. Speaker, I want to thank the farmers take comfort in the fact that John Paul is a overtime but denied that women work for no and ranchers from my State. Without their saint, and sees God ‘‘face to Face’’. Thanks pay in order to fill their daily quotas. hard work and dedication to agriculture, the to the truth we learned from those in the ‘‘I’m not aware of it,’’ Yim said, adding pro-life movement, we know Christ’s truth. that no one was forced to work overtime, United States would not have the safest, let It conquered the lies of the pro-death world ‘‘but if they are willing to work seven days, me reiterate the safest, and most affordable in the case of my Mother. She is living proof we don’t prohibit them. We can’t stop food supply in the world. that the ‘‘life of the mother’’ exception is them.’’ f Guests workers are reluctant to speak out, just an excuse to kill a baby. because they know their employers can send CHRISTA CARPENTER’S AWARD Defenders of life, world-wide, have shown them packing with one day’s notice. WINNING ESSAY their commitment to the truth by sacrificing ‘‘It’s not a job market where if they don’t their time and comfort for the abolition of like it, they can leave,’’ said Gregoire, the the Massacre of the Innocents. Actively they human rights worker. ‘‘You’re going to sit HON. MICHAEL BILIRAKIS protest at abortion clinics, and present the there and endure whatever you have to en- OF FLORIDA pro-life message at every opportunity: on dure.’’ Most workers from China are required IN THE HOUSE OF REPRESENTATIVES television, in newspapers, on radio, and in to sign contracts with the Chinese govern- schools. ment, vowing to obey the laws of the United Wednesday, February 11, 1998 More often than not, we never see the States, Northern Mariana Islands—and Mr. BILIRAKIS. Mr. Speaker, I would like to ‘‘fruits’’ of our endeavors. Some say our ef- China. share the following essay with our colleagues. forts in the pro-life movement will never be A two-year contract for one Chinese car- It was written by one of my constituents, Ms. able to stop the mass murder of children penter forbids him from engaging in ‘‘any po- throughout the world. Yet, whether rep- litical or religious activity.’’ He cannot take Christa Carpenter, and won first place in the resentatives of His truth are the majority or drugs, watch ‘‘sex movies,’’ fight, get drunk March for Life national essay contest com- the minority; whether abortion increases or or ‘‘fall in love or get married.’’ Some gar- memorating the twenty-fifth anniversary of le- stops entirely; whether we have no political ment-industry executives say conditions are galized abortion in the United States. I believe support or have the help of the entire gov- improving as manufacturers become more she presents a compelling argument in sup- ernment; His TRUTH will perpetually reign attuned to American labor practices. port of the sanctity of all human life. supreme. When it comes to the life of a baby, Eloy Inos, an executive with Tan Holdings all know that a baby is a child created in the Corp., the largest garment-maker on Saipan, WE MARCH ON FOR LIFE AND TRUTH image and likeness of God, and abortion is said the garment factories help create ancil- God’s truth is eternal, absolute, universal, the murder of that precious infant. lary work in shipping, insurance and other and impartial. It is our most powerful weap- support services. He said some problems had on in the battle to end abortion. During the This battle may ensue for our lifetime or been caused by Asian manufacturers’ unfa- past twenty-five years of the murdering of for the next generation to come, but His miliarity with U.S. labor standards. our brothers and sisters, His truth has been truth will ultimately ‘‘set us free’’ from the ‘‘They’ve since learned and have changed a marching on in the pro-life movement. evil of abortion. Advocates of life, take lot, although at times the changes were Our Faith tells us that a pre-born baby, heart: for as His truth is marching on, our painful,’’ Inos said. from the moment of fertilization, possesses a God is marching with us. E128 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 CONGRATULATING DONNA She has won 46 Gold, 12 Silver, 12 Bronze IN HONOR OF PHILIP J. GARONE WEINBRECHT—OUR GOOD WILL World Cup Medals. She was named ``Inter- AMBASSADOR OF THE SLOPES national and U.S. Female Freestyle Skier of HON. CAROLYN B. MALONEY the Year'' by Ski Racing Magazine in 1996; OF NEW YORK HON. MARGE ROUKEMA ``International Sportswoman of the Year'' final- IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY ist in 1993; Women Sports Foundation's 1996 Wednesday, February 11, 1998 IN THE HOUSE OF REPRESENTATIVES ``Ski Athlete of the Year''; the United States Mrs. MALONEY of New York. Mr. Speaker, Olympic Committee's ``Amateur Athlete of the Wednesday, February 11, 1998 I rise today to pay tribute to Philip J. Garone, Year'' for 1990±1992; and one of the Women Mrs. ROUKEMA. Mr. Speaker, I rise on be- a beloved member of the Greenpoint, Brook- Sports Foundation's ``Outstanding Amateur half of the United States Congress and the lyn community who recently passed away. people of New Jersey to congratulate Olympic Athletes in America'' for 1990±1992. She was Mr. Garone, a lifelong resident of Brooklyn, legend Donna Weinbrecht of West Milford, a member of the Amateur Athletic Union in was one of six sons born to Angelina and An- New Jersey, on an outstanding career. She is 1990±1992. gelo-Charles Garone in 1911. When Philip's a mentor and role model for our young people Donna's hometown of West Milford has father passed away, Philip began working and a credit to our nation for her excellence in been enthusiastically cheering on their favorite after school to help support his family. This all she does. This young women from New skier. Students at Apshawa Elementary dedication to his family continued throughout Jersey is an inspiration to both athletes and School e-mailed messages to Donna earlier his life. non-athletes alike. Her sterling character, hard this week and Olympic flags hang outside sev- Philip Garone also had a passion for music. work. unending dedication and thorough mas- eral neighbors' homes. Local schools have He began playing the saxophone at an early tery of her sport make her a role model for shown students videos of her past perform- age and was soon sought after by music great young people across our nation. ances. At West Milford High School, where Tommy Dorsey. After working as a lithog- DonnaÐthe world-renowned ``Queen of the she was a high school skier, a mural on the rapher in the printing industry, Philip would Moguls''Ðcompeted in her final Olympic free- gymnasium wall commemorates her 1992 play the sax at Greenwich Village clubs with style race today. Despite a rash of injuries, in- Olympic victory. famous musicians such as Gene Crooper and cluding a very sore knee, Donna skied her Sam ``the man'' Taylor. way into the finals on Sunday and today came My Congressional colleagues and I join In 1936, Philip married Virginia Torre at St. extremely close to a second career Olympic Donna's family, the residents of High Crest Francis De Paola Church. Together they had medal, with a fast and clean run to the finish Lake in West Milford, the citizens of New Jer- three daughters, Angela, RoseAnn and Phyllis, line. sey and, indeed, all of our nation in saluting and lived on Lombardy Street in Greenpoint. Mr. Speaker, Donna has been the ``founda- our Olympic champion. Donna will always be Throughout their 23 years marriage, Philip tion'' of the U.S. freestyle team for 11 years. a ``gold medal champion'' in our hearts. She was urged by many musicians to go on the Over her career she won an Olympic Gold has carrier our flag proudly. road with his music. Again, his dedication to Medal, seven U.S. titles and five World Cup his family kept him close to home. Championships. These championship perform- f Philip and Virginia were married for 23 ances are what has earned her the inter- years until Virginia's tragic death from cancer national reputation as the ``Queen of the Mo- TRIBUTE TO TALLER SAN JOSE in 1959 at the age of 42. Five years later, Phil- guls.'' (ST. JOSEPH’S WORKSHOP) ip met and married Angie DeLuca. But her impact on her sport goes beyond In Philip's 60 year musical career he played trophies and honors. She has also served as for community events, politicians, feasts, the sport's ``goodwill ambassador.'' Due in HON. LORETTA SANCHEZ dances, block parties, and neighborhood wed- large part to Donna's energetic promotion of OF CALIFORNIA dings. In recent years he began playing for freestyle skiingÐor ``the bumps''Ðwe have the senior citizen groups at the Garity Post and opportunity to watch this exciting form of ski- IN THE HOUSE OF REPRESENTATIVES the Swinging Sixties. ing at the Olympics and around the world. On April 13, 1997, Philip Garone died of a Wednesday, February 11, 1998 While Donna is the ``Queen of the Moguls,'' massive stroke at the age of 86. The silence her mother, Caroline Weinbrecht, calls herself Ms. SANCHEZ. Mr. Speaker, I rise today to of his saxophone is felt throughout the the ``Queen of the Screams'' for her style in Greenpoint community. cheering on her daughter. congratulate the Taller San Jose (St. Joseph's Workshop) for offering hope to the Latino Mr. Speaker, I ask that my colleagues rise Caroline and Jim Weinbrecht stayed home with me in this tribute to Mr. Philip Garone, a from their daughter's trip to Japan this year youth who seek a productive, self-reliant fu- very talented and devoted man who contrib- because both have health problems that would ture. The young people who come to Taller uted to his community with the beauty of his have made the 14-hour trip difficult. They were San Jose are looking for a second chance to music and his devotion to his family and with Donna when she won the gold in ``work on their lives''. The students are male neighbors. He is greatly missed. Albertville in 1992, however, and her brother and female, 18 and over, and bilingual. They f and sister, Jim and Joy, are in Nagano. They have usually dropped out of school, often are a family that is always there for each more than once; have one or more children; LISTEN CAREFULLY, PRESIDENT other. want to finish school; and seek job training in MENEM Donna was born April 23, 1965, in Hoboken order to become productive adults. and now resides in West Milford. Donna won The program includes life skills and mentor- HON. CHARLES E. SCHUMER the first-ever Olympic gold medal for women's ing, GED preparation, computer literacy, cleri- OF NEW YORK freestyle mogul skiing at the 1992 Olympic cal skills, nursing assistant training, and wood- IN THE HOUSE OF REPRESENTATIVES Games. Nine months later, she suffered a se- working. All classes are designed for partici- Wednesday, February 11, 1998 vere knee injury while training for the next ski pants to develop job ready skills and behav- season. Many experts didn't expect her to ski iors which translate into accountability and re- Mr. SCHUMER. Mr. Speaker, on Saturday, Argentine President Carlos Menem will attend competitively again, but with disciplined train- sponsibility. The program also offers classes a special showing of ``The Elixir of Love'' at ing and extra effort she came back to win the to the larger community such as English as a World Cup in 1994 and 1996. Those are the the Metropolitan Opera House at Lincoln Cen- Second Language at the basic and intermedi- traits of character and dedication that will bring ter. With all due respect to tenor Ramone ate levels. her continued success in whatever future life Vargas, there are far more important voices endeavor course she chooses. Taller San Jose, which has been open for for President Menem to hear in New York. The 5-foot-4 skier has known a lifetime of 21¤2 years, was a recent recipient of the Au- He should hear the voice of Americans achievements. The highlight, or course, was drey Nelson Community Development angry about the failure of his government to taking the Gold Medal in Freestyle Mogul Ski- Achievement Award. This award recognizes bring anti-semitic terrorists to justice. In 1992, ing at the 1992 Olympic Games in Albertville. exemplary uses of Community Development the Israeli embassy in Buenos Aires was In 1990, 1991, 1992, 1994 and 1996, she was Block Grant funds which address the needs of bombed. Two years later, the Argentine Jew- both the World Cup and U.S. National Cham- families, homes and neighborhoods. TSJ was ish Mutual Association (AMIA) was car- pion in the same event. She took the U.S. title recognized as one of six in the nation to re- bombed. Not a single person has been con- in 1988 and 1989. ceive this national award in 1998. victed of these crimes. February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E129 He should hear the outrage of the American ever, half of the 120,000 incarcerated Japa- tude for an outstanding athlete and a magnifi- Jewish community, angry that 115 people nese-Americans died even before the bill was cent human being. Andre (The Hawk) Daw- were murdered by these bombings, the worst signed into law. son. On February 21, 1998, Andre will be hon- act committed against Diaspora Jews since Japanese-American imprisonment in the ored with a tribute for his many accomplish- the Holocaust. 1940's is a tragic episode in American history ments in the field of baseball and for his Most important, however, President Menem which cannot be repeated. February 19, is a achievements as a father and a mentor to should see how Americans deal with terrorists fateful day and should remind us of the les- thousands of young people who have reaped who kill in our country. We use all available sons learned from Executive Order 9066. The the benefits of his dedicated work in our com- resources to track down these cowardly mur- racial connotations attributed to that order re- munity and throughout our nation. derers. Americans would never stand for such sulted in the mass betrayal of thousands of For his outstanding accomplishments, incessant delays in bringing them to trial. Americans who were constantly moved to ex- Southwest Miami Senior High School Alumni I understand that by mentioning these trage- hibit their loyalties to the United States. Association, will proudly induct Andre into the dies, I am bringing to his attention some of the In 1998, there are those who have not even Southwest Miami Senior High School Hall of unpleasant realities that exist in Argentina. It heard of the Japanese-American internment. Fame. Our high school athletes will be per- would be much easier for President Menem to We must educate our constituents on the im- forming on the playing field of ``Andre Dawson turn a blind eye to the problems of terrorists portance of this day. I am happy to note that Field'', and SW 50 Terrace (between 88 and and Neo-Nazism in his country. the Museum of American History has provided 89 Avenue) will become ``Andre Dawson But, President, Menem, you need to hear an extensive exhibit on this subject. I encour- Drive''. that the world will continue to look at Argen- age my colleagues to view this exhibit. As Andre has dedicated his ability and love of tina with a jaundiced eye until there is action Americans, we owe it to our constituents to baseball to the game, thus achieving a mul- in this case. educate ourselves about this terrible and un- titude of awards since 1977. He began as You need to hear that anti-semitism is unac- fortunate experience in our history. Rookie of the Year in 1977, winning the Silver ceptable in a democracy. f Slugger Award from 1980±'87, Gold Glove And you need to hear that we will not rest Award, 1980±'88, Allstar Team Selection from until justice is served. IN HONOR OF REP. RONALD V. 1980±'89, Sporting News Player of the year in Listen, carefully, President Menem. We DELLUMS 1987 and the National League Most Valuable hope we are heard. Player Award in 1987. He played for profes- f HON. JAMES A. TRAFICANT, JR. sional baseball teams, including the Boston OF OHIO Red Sox, Chicago Cubs, and the Florida Mar- REMEMBERING THE JAPANESE- IN THE HOUSE OF REPRESENTATIVES lins. AMERICAN INTERNMENT Andre's stellar achievements go above Wednesday, February 11, 1998 baseball. He is a wonderful role model for our HON. ROBERT A. UNDERWOOD Mr. TRAFICANT. Mr. Speaker, Rep. Ronald young people because of his deep religious OF GUAM V. Dellums leaves the House of Representa- faith and his commitment to family and com- IN THE HOUSE OF REPRESENTATIVES tives after twenty-six years of dedicated serv- munity. He has worked tirelessly through fund- ice to the people of California's ninth district Wednesday, February 11, 1998 raising events to raise money for childrens' and to all Americans. His unyielding deter- benefits and making appearances on behalf of Mr. UNDERWOOD. Mr. Speaker, we have mination and leadership curbed military spend- childrens' causes. He devotes much of his always prided ourselves in being one Nation, ing and aided the reserve of the nuclear arms time to the Jimmy Ryce Foundation, a founda- one people. The United States is truly a coun- race. His resolution for change led him to de- tion formed to find missing children, and he try composed of immigrants, and the great at- velop alternative agendas and budgets to take has raised money for Alzheimer's disease re- traction continues to be the hope of a better the burden of the Cold War off the next gen- search. He also has a private Andre Dawson life in this dynamic land. However, February eration. Investment in education, economic de- Foundation, which is dedicated to helping the 19 represents the tragic betrayal of that Amer- velopment and the reinstatement of a progres- needy. ican dream to a group of Americans singled sive tax base were his weapons. Dellums' de- Andre is truly deserving of his upcoming out for their race. On February 19, 1942, sire for justice for all, shadowed his support of honor. He has been blessed with a great tal- President Franklin Roosevelt issued Executive the 1991 Civil Rights Restoration Act, the re- ent, a compassionate heart, and a passion for Order 9066 which authorized the relocation authorization of the 1967 Voting Rights Act helping his fellow man. We have been blessed and incarceration of thousands of Americans and for reparations for Japanese-Americans to have Andre Dawson as our hero on and off of Japanese descent in camps all over the interned in concentration camps during World the field. United States. War II. His intensity for justice did not stop on f After the American declaration of war the shores of America. In 1971, Rep. Dellums against Japan, Executive Order 9066 went was the first to introduce legislation for eco- CONGRATULATIONS TO THE TOWN into effect. Japanese-American families en- nomic sanctions against the racist apartheid OF GARRETT PARK dured terrible living conditions under these regime of South Africa. Fifteen years later his camps administered by an organization called bill passed the House, leading to the imposi- HON. CONSTANCE A. MORELLA the War Relocation Authority. Food shortages, tion of sanctions. South Africa is now free. OF MARYLAND cramped, communal living quarters and lack of What do you say to a man who has devoted IN THE HOUSE OF REPRESENTATIVES sanitation facilities were only a few of the his career to justice and peace? You say . . . Wednesday, February 11, 1998 hardships. Although Japanese-Americans Thank you, Mr. Dellums. Thank you for stand- were later allowed, and sometimes forced, to ing tall against the forces that be. Thank you Mrs. MORELLA. Mr. Speaker, I rise today to enlist in the American military service, they for being independent and outspoken. Thank congratulate the Town of Garrett Park, Mary- were paid sub-level wages and fought for a you for supporting what was always the great- land which is celebrating 100 years of incorpo- country which imprisoned their families. Some er good. ration this year. Throughout the year the town courageous Japanese-Americans legally chal- The retirement of Rep. Ronald V. Dellums will be celebrating numerous centennial lenged the executive order; however, the Su- will be a great loss in the halls of Congress, events, including a New Year's Eve party and preme Court upheld its validity. but his legacy of peace will live on. a New Year's Day Open House. On December 17, 1944, President Roo- f The Town of Garrett Park is named for Rob- sevelt revoked Executive Order 9066 and Jap- ert W. Garrett, who was president of the Balti- anese-Americans were allowed to return A TRIBUTE TO A BASEBALL GIANT more and Ohio Railroad in the late 1800's. home. Many families were forced to start their The railroad, which first opened in the Wash- lives from scratch. Although the American HON. ILEANA ROS-LEHTINEN ington, D.C. area in 1873, helped jump-start Evacuation Claims Act of 1948 was supposed OF FLORIDA development in Montgomery County and ulti- to compensate Japanese-Americans, less than IN THE HOUSE OF REPRESENTATIVES mately, helped lay the groundwork for the in- 10% were paid in property losses of over corporation of Garrett Park. 26,500 claims. On August 10, 1988, President Wednesday, February 11, 1998 The one hundredth anniversary of Garrett Reagan issued an apology and offered restitu- Ms. ROS-LEHTINEN. Mr. Speaker, I would Park's incorporation is a great achievement. tion for those who survived the camps. How- like to express my admiration and deep grati- This lovely town, which is located on the E130 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 banks of Rock Creek, has grown from its sim- higher education was for non-Hispanics. He The article describes fifty-five men from ple beginnings into a model for other munici- grew up in a community where people worked China who each paid $7,000 to a Chinese re- palities to emulate. Garrett Park is a town in the fields all of their lives and no one ever cruiter for ``transportation, passports, and the which has embraced modern technology and went to college. This discouragement caused promise of construction jobs. Most had to bor- yet still maintained a strong association with him to join the Army instead of continuing on row money from friends, family members or its rich history. with school. loan sharks.'' Once they arrived in the CNMI, When you ask the people of Garrett Park to In the service, Valdez began to meet col- these men found no jobs waiting. Although the describe themselves and their town, they usu- lege graduates and realize that he could also men marched in protest to the offices of the ally speak of their ``independence'' and ``civic go to college. In 1964, Valdez finished his mili- U.S. Department of Labor, the federal govern- duty''. They have a great respect for their local tary obligation and enrolled in junior college. ment could not help them because the CNMI government and strive to look after one an- His college studies and determination paid off has sole authority over immigration policy and other. Garrett Park's greatest attribute may be in the late 1960s when AAA Insurance hired controlling recruiters. the sense of close-knit community, from which him as a claims adjuster. The company soon A similar story is repeated for 134 men from stems its national recognition. promoted Valdez to a job in Fresno, where he Bangladesh who paid $5,000 to recruiters for Again, I congratulate Garrett Park on this continued his education at California State jobs that did not exist. In both cases, the re- milestone. It is an achievement that all Amer- University, Fresno. In 1969, he began law cruiters responsible for bringing these men ica should look up to and honor. school and worked as a paralegal by day and from China and Bangladesh to the CNMI have f studied by night. fled, while the men remain disenchanted, hun- After graduation, Valdez and several other gry and desperate for employment. TRIBUTE TO MR. WALTER HAMEL, lawyers formed a partnership that became well The article also details the story of one 22 LAST SURVIVING WORLD WAR I known for work with the under-served Valley year old Chinese worker who tells of being VETERAN OF HAVERILL, MASSA- populations and Hispanic leaders. When his summoned four times by her garment factory CHUSETTS partners left the firm to become judges, supervisor in his attempts to pressure her into Valdez built his firm into a solo practice. He returning to China to have an abortion after HON. JOHN F. TIERNEY continued his motivation by providing help with she became pregnant. The worker refused to several community service projects. Valdez have an abortion and, after losing several OF MASSACHUSETTS supports the Central California Hispanic days of work because of a pregnancy related IN THE HOUSE OF REPRESENTATIVES Chamber of Commerce and the positive ef- illness, was fired. She is now jobless and Wednesday, February 11, 1998 fects it has on business in the Valley. fears deportation back to China, where she Mr. TIERNEY. Mr. Speaker, I rise to salute Valdez credits much of his success as a re- would likely be subjected to a late-term abor- Mr. Walter Hamel, the last surviving World sult of his education. I praise his emphasis in tion because she is unmarried. Nowhere else in America would these prac- War I veteran in the City of Haverill, Massa- the importance of higher education. He en- tices be allowed to continue. Congress must chusetts. courages lifting Valley farm-labor populations act to change this situation. I have introduced Mr. Walter Hamel is a true American patriot into enterprises that bring jobs and money legislation, HR 1450Ðthe ``Insular Fair Wage and war historian. Born 97 years ago, one of through higher education. and Human Rights Act'' that would place the seven children, he enlisted in the war. Still un- Mr. Speaker, it is with great honor that I pay CNMI immigration system under federal law, derage at only 17 years old, Walter entered tribute to Edward C. Valdez for his accom- bringing the CNMI into conformity with every the service with the permission and blessing plishments and dedication to the Hispanic other U.S. territory. Further, this legislation will of his mother. During World War I, Walter was community. His passion for the legal profes- incrementally increase the local minimum assigned to the U.S. Army Signal Corps in Ha- sion and his encouragement for Hispanic wage until it reaches the federal level, and waii. Not only did he gallantly serve in this youth is both refreshing and inspirational. I ask my colleagues to join me in wishing Edward provide that garments only be allowed to bear post during World War I, his patriotism for the the ``Made in USA'' label if all federal laws United States never weaned. Upon his return, Valdez many more years of success. f were adhered to in the manufacture of the Mr. Hamel participated in many parades and garment. Passage of this legislation would walked from nursing home to nursing home to PHILADELPHIA INQUIRER RE- bring additional federal oversight to the poli- distribute flags on Veterans' Day. Last Novem- PORTS RAMPANT LABOR ABUSES cies practiced in this remote corner of Amer- ber, the Haverill Gazette, located in my dis- IN U.S. COMMONWEALTH ica. trict, profiled Mr. Hamel as ``An Enduring Pa- triot'' for his actions. HON. GEORGE MILLER [From the Philadelphia Inquirer, Feb. 8, 1998] Indeed, Mr. Hamel is not only a source of FOR WORKERS, ISLAND JOBS CAN BEA LOSING OF CALIFORNIA PROPOSITION inspiration to his friends and family, but also to IN THE HOUSE OF REPRESENTATIVES (By Jennifer Lin) us all. Mr. Speaker, I am proud of the accom- plishments of Mr. Walter Hamel; his military Wednesday, February 11, 1998 SAIPAN, NORTHERN MARIANA ISLANDS.— They arrive on the red-eye flight from Hong service and civil pride are to be commended. Mr. MILLER of California. Mr. Speaker, the Kong pulling little suitcases on wheels into I hope my colleagues will join with me today following article is the second of two that ap- the humid, predawn blackness. Poor, tired in wishing Mr. Walter Hamel the very best as peared in the February 9, 1998 Philadelphia and hungry for work, these young men and he continues to inspire us all. Inquirer and describes the plights of tens of women from China are hoping for a slice of f thousands of foreign workers who live and the American Dream. labor in one of our U.S. territories, the Com- They have paid thousands of dollars to TRIBUTE TO EDWARD C. VALDEZ monwealth of the Northern Mariana Islands agents at home for jobs in clothing factories on this faraway island that few can find on a (CNMI). This article, ``For Workers, Island map. At the airport, they stand out from the HON. GEORGE P. RADANOVICH Jobs can be a Losing Proposition,'' describes Japanese tourists heading off to luxury ho- OF CALIFORNIA the desperate situations of these workers once tels on blossom-scented beaches. They are IN THE HOUSE OF REPRESENTATIVES they arrive in the CNMI deeply in debt and whisked away by waiting van’s to spartan prone to exploitation. barracks. Wednesday, February 11, 1998 Every independent reporter who has trav- For many desperate Asians, dreams of Mr. RADANOVICH. Mr. Speaker, I rise eled to the CNMI to investigate the working working in America have turned into living nightmares in Saipan. Men from Bangladesh today to pay tribute to Edward C. Valdez for and living conditions of the tens of thousands and China have turned over their life savings his commitment and dedication to the Hispanic of imported foreign workers there has found to middlemen for jobs that never material- community. Edward Valdez is a prominent at- that the principles behind the labor and immi- ize. Young women from the Philippines have torney and was awarded the 1997 Latin Amer- gration situation in the CNMI are contrary to come to work in bars and been forced into ican Businessman of the Year. His accom- those defined by established ideals of Amer- prostitution. Garment workers from China plishments with the Hispanic community are ican democracy. The CNMI economy is based have found themselves toiling in sweatshops noteworthy and warrant recognition. on the exploitation of a large, disenfranchised, for employers who cheat them out of their wages or limit their freedom. Born in Castroville, California, Valdez spent foreign population, and laws to protect these Chinese garment worker Tu Xiaomei, 22 much of his childhood in the fields picking fruit workers on U.S. soil are neither being ade- and pregnant, is one of the many unlucky and vegetables. Valdez did very well in quately applied, nor enforced, and perpetra- ones. She is broke, jobless, and fearful of school, but had the notion that college and tors of justice are not being punished. being deported. February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E131 Tu arrived in Saipan in the summer of 1996 ing wages of $5 an hour instead of the is- the residents of the small community. In addi- and planned to work in a garment factory for land’s minimum wage of $3.05 an hour. tion, Dyer supported the schools and churches two years. At a $3.05-an-hour sewing job The men told a different story. They said of the area, as well as their many worthwhile here, she could earn more in one year than in they would work for any wage at all. projects. four back home. In a letter to U.S. labor officials in Octo- Hollis Dyer's endless interest in the growth She fell in love with a Chinese laborer and ber, they wrote, in Chinese: ‘‘Many Chinese became pregnant. When her factory found regard the United States as heaven on earth. of the community and the well-being of its out, Tu said, it pressured her to return to But there are swindlers out there who dare residents makes his name a household word China to have an abortion. She said a super- to bring shame to the American govern- to many who live in the city and the surround- visor summoned her four times to deliver the ment.’’ ing area. I am certain that the Members of the same message. The jobless laborers protested again in De- House will join me in congratulating Oak ‘‘She didn’t say, ‘You must go back to cember. This time, having been kicked out of Grove, Missouri's Businessperson of the Year. China for an abortion.’ ’’ Tu said, ‘‘but she al- their barracks, they carried bedrolls under f ways said, ‘Think about it.’ ’’ their arms. Embarrassed local officials went It is difficult to get an abortion on this on television to seek jobs for the men and IN HONOR OF PICABO STREET predominantly Catholic island. But in China, leaned on garment factories to find them abortion is widely used as a form of birth work. control for women limited by the govern- Some of the men got work building a ca- HON. MIKE CRAPO ment to one child. In Tu’s home province of sino on a neighboring island. About a dozen OF IDAHO Jiangxi, women, by law, are not allowed to became so frustrated that they returned to IN THE HOUSE OF REPRESENTATIVES marry until they are 23 and may not legally China. Wednesday, February 11, 1998 bear a child until they are 24. Another batch of workers from Ban- Tu refused to have the abortion. She want- gladesh, meanwhile, has not been as fortu- Mr. CRAPO. Mr. Speaker, I rise today to ed to work until the baby was born (she is nate. bring to your attention the exciting news from due in May) and return to China only after In early 1997, 134 men from Bangladesh the Winter Olympics in Nagano, Japan. her two-year contract with the factory had paid $5,000 apiece to recruiters for jobs that, Picabo Street, an outstanding ski racer and expired in July. as it turned out, did not exist. The local go- pride of Sun Valley, Idaho, which I have the But in December, she missed several days between, responsible for arranging the work honor of representing, has captured the gold of work because of a pregnancy-related ill- in Saipan, fled to the Philippines. medal in the Women's Super-G event. This ness. Her boss at the factory, owned by main- Today, many of the men are still without announcement is particularly exciting for the land Chinese and Hong Kong investors, told work, left to scrounge for food and shelter, her not to come back, she said. whole country because this medal represents fearful of being deported and knowing that one of the first two medals won by any U.S. Steve Yim, a Hong Kong-based manage- angry loan sharks would be on their tails ment adviser for the factory, Micronesian back home. competitors in Nagano. My colleagues will Garment Manufacturing Inc., denied that Naive and unschooled, many of these work- also be interested to know that, in addition to anyone pressured Tu to return to China for ers believed the tall tales they heard from being from the world-renowned ski resort of an abortion and said she ‘‘deliberately’’ unscrupulous recruiters. One was promised a Sun Valley, she is also named for the town of stopped going to work. U.S. passport as soon as he got here. Another Picabo in Idaho's Second Congressional Dis- Six months pregnant, Tu now rents a room said he was told he could take a bus from near a busy road. Her bed consists of two trict. Saipan to California. He is still looking for As you may recall, Mr. Speaker, Picabo wood planks on blocks. She has little food on work. her shelves and no money to see a doctor. Street has already become a well-known Her biggest fear, she said, is being forced to f sports star from her silver medal triumph in return to China, where she would risk being Lillehammer, Norway, four years ago. But yes- pressured to undergo a late-term abortion. CONGRATULATIONS TO HOLLIS terday's accomplishment is much more heroic ‘‘I don’t want to have an abortion,’’ Tu DYER, OAK GROVE, MO’S, when you consider that she has only just re- said. ‘‘It’s a small life; it’s six months old. BUSINESSPERSON OF THE YEAR turned from a knee operation that would have I’m afraid.’’ ended most careers and a frightening fall The tens of thousands of foreigners brought to Saipan as ‘‘guest workers’’ are re- HON. IKE SKELTON twelve days ago that resulted in her becoming cruited by middlemen who operate in a OF MISSOURI unconscious. I'm pleased to join my col- murky business that is loosely regulated and IN THE HOUSE OF REPRESENTATIVES leagues in saluting her today. open to abuse. Local recruiters who promise And the news only gets better. The Super- to find jobs for foreigners work in tandem Wednesday, February 11, 1998 G is not Picabo Street's preferred event. As a with agents in such places as China, Ban- Mr. SKELTON. Mr. Speaker, it has come to downhill specialist, her triumph in the yester- gladesh, Sri Lanka and the Philippines. my attention that the Oak Grove, Missouri, day's event firmly establishes Picabo Street as Fifty-five Chinese men from northeast Chamber of Commerce has named Hollis the favorite for Saturday's Women's Downhill China said they arrived here in September, event. Mr. Speaker, our heartfelt thanks go out only to find there were no jobs waiting. The Dyer as Business Person of the Year. men, recruited from a down-and-out indus- Born in Independence, Missouri, Hollis to Picabo Street for ending America's medal trial region of China with high unemploy- Dyer's family moved early in his life to Odes- drought in Nagano. I'm sure you will be watch- ment, each paid $7,000 to a Chinese agent for sa, Missouri, where he graduated from Odes- ing eagerly the contest on Saturday. transportation, passports, and the promise of sa High School at the age of 16. In 1945, f construction jobs. Most had to borrow Dyer began a short career in the Army, and HONORING THE 1998 FAIRFAX money from friends, family members or loan then went on to attend Southwest Baptist Jun- COUNTY CHAMBER OF COM- sharks, they said. ior College in Bolivar, MO. He received an As- For weeks, the men were holed up in a MERCE VALOR AWARD WINNERS dirty, hot, crowded, metal barracks near a sociate of Arts degree from that school, and golf course with an ocean view. They had lit- then attended Central Missouri State Univer- tle to eat and limited fresh water, they said. sity. Before graduating from CMSU, Dyer be- HON. THOMAS M. DAVIS J&J International, the employer who had came a teacher, and he continued to teach OF VIRGNIA promised them work, had only been able to from 1947 through May 1955. In 1955, Dyer IN THE HOUSE OF REPRESENTATIVES place a few of them. began a new career in banking, and became Wednesday, February 11, 1998 On Oct. 21, the rest of the men marched in president of the Commercial Bank of Oak protest to the offices of the U.S. Department Mr. DAVIS of Virginia. Mr. Speaker, I rise of Labor, carrying a banner that read, in Grove in 1962. Dyer has served as president today to pay tribute to the 1998 Fairfax County English and Chinese: ‘‘We need live. We need of the bank ever since, and he has estab- Chamber of Commerce Valor Award Winners. work.’’ lished himself as an outstanding community On Thursday, February 12, 1998, the Fairfax The U.S. federal government could not leader. County Chamber of Commerce will present help them. One of the unique things about Over the years, Dyer has attempted to the Annual Valor Awards at the McLean Hil- the Northern Mariana Islands is that the make his hometown a better place to live and ton. local government has full authority over im- work. He, along with the community, brought The Valor Awards honor public service offi- migration. It also is responsible for policing one of the earliest senior citizen apartment cials who have demonstrated extreme self- recruiters. Kim Long, an employee for J&J Inter- complexes to the region, and this facility be- sacrifice, personal bravery, and ingenuity in national, said in December that the company came a model prototype. Dyer was also in- the performance of their duty. There are five had found work for 10 men and that the oth- volved with naming the streets in Oak Grove categories: The Gold Medal of Valor, The Sil- ers were seeking too much money, demand- in order to create better insurance rates for ver Medal of Valor, The Bronze Medal of E132 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 Valor, The Certificate of Valor, and The Life PUNJAB REPORTER’S MAIL BEING CID men. However, Postal authorities re- Saving Award. SEIZED fused to give anything in writing. It may be recalled that during 1993 Presi- The Valor Award is a project of the Fairfax dent of Movement Against State Repression, County Chamber of Commerce, in conjunction HON. EDOLPHUS TOWNS Mr. Inderjit Singh Jaijee, had challenged in OF NEW YORK with the Fairfax County Board of Supervisors. the Punjab & Haryana High Court the orders IN THE HOUSE OF REPRESENTATIVES issued by the U.T. Home Secretary to inter- This is the twentieth year that these awards Wednesday, February 11, 1998 cept the mail of certain politicians and ten have been presented. journalists. The High Court described the Mr. TOWNS. Mr. Speaker, once again the The Silver Medal of Valor is awarded in rec- said order not only unconstitutional but ille- truth has leaked out from behind the facade of gal also. Sukhbir Singh Osan has invited the ognition of acts involving great personal risk. Indian democracy. The Punjab government of wrath of Parkash Singh Badal and his police The Silver Medal of Valor Award Winners Chief Minister Parkash Singh Badal has for daring to expose corrupt practices of the for 1998 are: Police Officer John Alford, Police issued an order intercepting the mail of Government in his dispatches from time to time. Officer First Class Randyll E. Newman, Police Sukhbir Singh Osan, a reporter based in Officer First Class Dennis E. Voebeau, Police Chandigarh who writes for numerous publica- f Officer First Class Michelle A. Wicker, Police tions including Aj Di Awaaz. In addition to Mr. Osan, the superintendent A TRIBUTE TO LEON H. FIELDS Officer First Class Jeffrey K. Rockenbaugh, of police, Mr. R.P. Singh, issued a written and Second Lieutenant Jesse F. Bowman. order to intercept the mail of ``five senior ex- HON. WILLIAM O. LIPINSKI The Bronze Medal of Valor is awarded in Army officers and some politicians residing in OF ILLINOIS recognition of acts involving unusual risk be- Chandigarh,'' according to Burning Punjab IN THE HOUSE OF REPRESENTATIVES yond that which should be expected while per- News. Postal authorities verbally confirmed Wednesday, February 11, 1998 forming the usual responsibilities of the mem- the existence of the order, but refused to put the confirmation in writing. Mr. LIPINSKI. Mr. Speaker, I rise today to ber. This is not a new practice. In 1993, the pay tribute to Mr. Leon H. Fields, an outstand- The Bronze Medal of Valor Award Winner Movement Against State RepressionÐand ing public servant. Mr. Fields has spent nearly for 1998 are Police Officer First Class Daniel why does a democratic country need a ``Move- 28 years helping Chicagoans get here to there C. Gohn, Police Officer First Class Scott F. ment Against State Repression'' anyway?Ð and back again. Moskowitz, Master Police Officer Anthony J. went to court to get an injunction against the Mr. Leon Fields of Glenwood, Illinois is retir- ing from the Chicago Transit Authority, which Ruffel, Police Officer First Class Steven W. Home Secretary of the Union Territory, who operates the bus and rail system in the city. Faett, Police Officer First Class Michael J. was intercepting the mail of politicians and journalists. The High Court ruled the intercep- The service Mr. Fields has offered to the Weaver, Master Technician Kerry R. Jackson, tions illegal, yet a mere five years later the CTA is a real ``up-by-the-bootstraps'' story. He Technician Samuel L. Gray, Technician Robert Punjab government is doing the same thing. began his career with the authority in 1969 as J. Alvarado, Master Police Officer Michael W. This is the reality of Indian ``democracy.'' a rail car service and repairman. He steadily Bishop, Police Officer First Class T. Brad Car- Mr. Osan has been one of the few journal- rose through the ranks at the CTA. Mr. Fields ruthers, and Police Officer First Class David ists with the courage to expose the repression, worked as a Maintenance Instructor, a Repair R. Moyer. corruption, and police-state tactics of the Pun- Shop Foreman, a Liaison to the Executive Di- jab government. For this, his civil rights are rector, Manager of Field Operations, Director The Certificate of Valor is awarded for acts being violated, yet India and its friends here of Rail Vehicle Light Maintenance and finally, that involve personal risk and/or demonstration insist more loudly than ever that India is a General Manager of the CTA's orange line, of judgment, zeal, or ingenuity not normally in- ``democracy.'' Clearly, it is not a democracy for which runs through the heart of my congres- volved in the performance of duties. Sukhbir Singh Osan and other political oppo- sional district. The Certificate of Valor Award Winners for nents of the Punjab government or for the mi- I have had the pleasure of working with Mr. 1998 are Firefighter Gregory G. Foley, Lieu- norities living under the repression of the state Fields for more than five years, and I can tell tenant Wesley L. Marshall, Technician An- and central government. Couple this with the you that his family's gain will be a loss for the political detentions of several followers of thony E. Doran, Technician Michael D. people of Chicago who rely on the CTA. His Jasbir Singh Rode last August and the ongo- knowledge, experience and dedication are Hendershot, Lieutenant Charles D. Mills, Ser- ing complaints against Sikh youth under the second to none. geant Diann L. Makariak, Police Officer First supposedly-expired ``Terrorist and Disruptive I would like to extend to Mr. Fields and his Class John J. Kiernan, Jr., Police Officer Chad Activities Act'' (TADA), and you discover the wife Denosia, and their children, Leon Jr., An- E. Mahoney, and Police Officer First Class real face of Indian democracy. Underneath gela, Tarsha and Latryce my best wishes on Scott F. Moskowitz. that democratic veneer is a brutal police state his retirement and my hope that they have The Lifesaving Award is awarded for acts unworthy of American aid or trade. many, many years together to enjoy the im- taken in life-threatening situations where an in- I ask the American ambassador to India to portant things in life. raise this matter with the Government of India dividual's life is in jeopardy, either medically or f and to report back to the Congress on when physically. this ban is going to be lifted. Journalists and COLORECTAL CANCER The Lifesaving Award for 1998 are Techni- all citizens must be free to receive information LEGISLATION cian Joseph P. Gorman, Lieutenant Michael A. freely. Until India learns to respect freedom of Seabright, Public Safety Communications the press, it has no right to call itself a democ- HON. LOUISE McINTOSH SLAUGHTER Center Assistant Supervisor Mary Ann Gerald, racy. OF NEW YORK Police Officer First Class Paul J. O'Neill, Po- I am inserting the article from Burning Pun- IN THE HOUSE OF REPRESENTATIVES jab on the interception of Mr. Osan's mail into lice Officer First Class Abraham Gelabert, Po- Wednesday, February 11, 1998 the RECORD. I hope my colleagues will take lice Officer First Class Randolph A. Conley, the time to read it. Ms. SLAUGHTER. Mr. Speaker, I rise to an- Public Safety Communications Assistant Ar- CITY SCRIBE’S MAIL INTERCEPTED nounce that I am introducing a resolution to lene Foote, Public Safety Communications As- bring new public attention and federal re- CHANDIGARH, January 22—The Punjab Gov- sistant Ronald D. Brooks, Police Officer Timo- ernment headed by Parkash Singh Badal has sources to the issue of colorectal cancer. thy C. Benedict, Police Officer First Class ordered to intercept the mail of a city scribe Every year I lose an average of 172 of my John W. Jackson, Police Officer Pierre J. working for Aj Di Awaaz, five other ex-army constituents in Monroe County, New York to Geis, Firefighter Brian K. Morton, Captain officers and a few politicians. colorectal cancer. This is a tragic failure of our According to the information, Punjab In- health care system because colorectal cancer Randall J. Kennedy, and Lieutenant David L. telligence SSP Mr. R.P. Singh has directed Prohaska. is preventable, detectable, treatable, and often his men in writing to collect the mail of curable. Nevertheless, 55,000 Americans died Sukhbir Singh Osan, five senior ex-army of- Mr. Speaker, I would like to send my sin- in 1997 from this terrible disease. cere gratitude and heartfelt appreciation to ficers and some politicians residing in Chandigarh. Today I am introducing legislation that I these distinguished public servants who are When contacted the postal authorities con- hope will begin to dispel this deadly lack of truly deserving of the title ``hero.'' firmed the interception of mail by Punjab knowledge. Along with 20 of my colleagues, I February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E133 will introduce a resolution drawing attention to that needlessly claims the lives of far too of seven historically Black Colleges and Uni- colorectal cancer and urging the Secretary of many Americans every year. versities in my district, has received its ten Health and Human Services to establish a na- f year accreditation from the Southern Associa- tional public education and awareness cam- tion of Colleges and Schools. Enrollment at paign. TRIBUTE TO BISHOP JOHN HURST Allen continues to climb, and the campus is in Too many Americans are simply unaware of ADAMS perpetual renovation as an exciting building their risk for colorectal cancer and the need program has been launched. And if I might for regular screening. Many cases of HON. JAMES E. CLYBURN add Mr. Chairman, this body has played a sig- colorectal cancer can be prevented by eating OF SOUTH CAROLINA nificant role in that renaissance, having re- a healthy, well-balanced diet, exercising regu- IN THE HOUSE OF REPRESENTATIVES cently appropriated funds to begin the restora- larly, and avoiding the abuse of alcohol and Wednesday, February 11, 1998 tion of historic buildings on that campus. tobacco. Other cases can be prevented by re- Under Bishop Adam's leadership, the Reid moving precancerous polyps. And when Mr. CLYBURN. Mr. Speaker, I rise today House of Christian Service in Charleston, has colorectal cancer is detected before it has during Black HIstory Month to pay tribute to flourished and now includes the Adams Build- spread, it is 92 percent curable. one of the most effectual persons I have ever ing which houses the only African American Tragically, too many cases of this cancer known, Bishop John Hurst Adams, the Senior Adoption Center in South Carolina. are not detected at that early stage. Re- Bishop of the African Methodist Episcopal Bishop Adams is a strong believer that peo- spected authorities such as the American Church. Bishop Adams was born in Columbia, ple must join together to do what they cannot Cancer Society recommend that people over South Carolina, where he now lives and pre- do alone. To that end, he has founded the 50 have annual colorectal cancer screenings. sides. Congress of National Black Churches, the In- Yet fewer than 20 percent of Americans at risk Bishop Adams grew up in the Waverly stitute on Church Administration and Manage- do so. According to one survey, one-third of neighborhood of Columbia, which is located in ment in Atlanta, Georgia; the Richard Allen men and women over 50 had never even the Sixth Congressional District which I proud- Service and Development Agency in Washing- heard of a sigmoidoscopy, one of the main ly serve. He attended Waverly Elementary ton, D.C.; and the Educational Growth Organi- tests to detect this disease. School, Booker T. Washington High School, zation in Los Angeles, California. He continues We need to mount a war against this terrible and later Johnson C. Smith University in Char- to serve on many boards and directorates, in- disease. Education is the first vital step ena- lotte, North Carolina, where he lettered in four cluding the Interdenominational Theological bling us to reach all Americans with factual, sports. Bishop Adams continued his education Center, Institute on Church Administration and scientific information about reducing their risk at the Boston University School of Theology, Management, Joint Center for Political Stud- for colorectal cancer. We need to talk about Harvard University School of Divinity, and ies, Children's Defense Fund Black Commu- this disease, and we need the media to take Union Theological Seminary. nity Crusade for Children, National Black an active role in writing about it. Ten years Bishop Adams has spread the gospel United Fund, Industrial Area Foundation, Na- ago it was not considered polite to talk about across the breadth of our country during his tional Urban League, and South Carolina's a mammogram in public; I want to bring lifetime of service. He began his ministry with Palmetto Project. colorectal cancer screening out of the closet a small congregation in Lynn, Massachusetts. Bishop Adams has received many fitting the same way. Yesterday's Washington Post He taught at Payne Theological Seminary in honors and awards throughout his 25 years as Health section set a shining example by de- Ohio, and later served as President of Paul Bishop. In 1996, he was awarded South Caro- voting an entire special issue to colorectal Quinn College in Texas for six years and as lina's highest citizen honor, the Order of the cancer. We need more efforts like this to Chairman of the Board for eight. During his Palmetto, in recognition of his contributions to teach everyone about the steps they can take years at Paul Quinn College, the school re- the State. And last Saturday I joined with thou- to avoid this disease. ceived accreditation from the Southern Asso- sands of South Carolinians who met in As an activist on women's health issues, I ciation of Colleges and Schools (SACS) and Charleston to help celebrate his Golden Anni- would like to note that this issue is especially saw many new buildings, renovations and im- versary in the ministry and Silver Anniversary important for women. For too long, women provements. in the bishopric. That celebration, Mr. Speak- have viewed colorectal cancer as a man's dis- Bishop Adams next pastored the First AME er, defied the notion that a prophet is without ease. This is utterly false. Colorectal cancer is Church in Seattle. His impact on the commu- honor in his own homeland. an equal opportunity killer, striking men and nity was so great that both daily newspapers Although he has been called one of the women at equal rates. I want to be sure both published editorials lamenting his departure. ``most progressive black church leaders in his- our brothers and our sisters are all getting reg- From Seattle, Bishop Adams went to Los An- tory,'' Bishop Adams most important calling is ular colorectal cancer screenings and taking geles where he pastored Grant AME in the that of his family. Bishop Adams and his wife, measures to reduce their risk. Watts section of Los Angeles, known for the Dr. Dolly Desselle Adams, have been partners Education is the first step in the battle we in the ministry for 41 years. They have three are waging. Today I sent a letter to HHS Sec- Watts riot. It was here that he created a Satur- day morning Ethnic School to teach reading, daughters and six grandchildren. Bishop retary Donna Shalala embarking upon the sec- Adams is referred to by many as the 3.5 mil- ond step of this war as well. This letter re- writing and black pride without white hate. That Saturday morning school continues to lion member AME denomination's ``most influ- quests that the department examine some of ential cleric.'' I am very proud to call him my the causes underlying the low rates of function today. It was while in Los Angeles friend. colorectal cancer screening in our nation, in- that Bishop Adams was elected the 87th Bishop of the African Methodism. Mr. Speaker, I ask you to join me today in cluding levels of screening around the nation, honoring Bishop John Hurst Adams whose the importance of factors such as insurance Upon his election, Bishop Adams served the Tenth Episcopal District in Texas and later left spirit, belief, and kindness have moved com- coverage, and the role physicians play in en- munities to action across the nation. He is an suring that patients are screened regularly. his mark on the Second Episcopal District here in the Mid-Atlantic States. Under his excellent roll model, a valued friend, an out- This report will yield some new insights into standing leader and a great American. additional steps we can take in Congress to leadership, 40 new congregations sprouted f fight colorectal cancer. throughout the district. From here, he went to I am pleased to note that several Members serve the Sixth Episcopal District in Georgia, AARP REFUTES MAILINGS ON of Congress with outstanding records on the and while there served as Chairman of the KYL-ARCHER issue of colorectal cancer are serving as lead Board of Trustees for Morris Brown College, original cosponsors of this resolution: Rep- Turner Theological Seminary, Interdenomina- HON. FORTNEY PETE STARK tional Theological Center and the Atlanta Uni- resentatives CHARLIE RANGEL, BILL THOMAS, OF CALIFORNIA versity Center. He also served on the Centen- NORMAN SISISKY, BEN CARDIN, and ALCEE IN THE HOUSE OF REPRESENTATIVES HASTINGS. Fifteen other Members of Congress nial Olympic Committee. have signed on as original cosponsors as well. I am very proud that Bishop Adam's service Wednesday, February 11, 1998 I am also proud to announce that this resolu- has now called him to the Seventh Episcopal Mr. STARK. Mr. Speaker, for offices receiv- tion already has been endorsed by the Amer- District in South Carolina to preside over the ing mail on the Kyl-Archer bill to let any doctor ican Cancer Society and Partnership for Pre- State's 609 AME churches. Although his work at any time bill any Medicare patients as much vention. is far from over, he has made numerous im- as the doctor wants, the following article from I hope all my colleagues will join me in provements in the community in which we live. the February, 1998 AARP Bulletin will provide working to defeat colorectal cancer, a disease Under his Chairmanship, Allen University, one a useful insert-answer. E134 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 The AARP article shows that a number of bate on this proposal, House-Senate con- INTRODUCTION OF THE SAFE groups have been trying to scare seniors into ferees modified the Kyl provision and incor- SCHOOLS INTERNET ACT contributing to a phony cause. porated a number of enrollee protections. [From the AARP Bulletin, Feb. 1998] A key protection requires doctors to dis- HON. BOB FRANKS close contract terms. Thus, the doctor and AARP ANSWERS ‘SCARE CAMPAIGN’ ON OF NEW JERSEY Medicare patient must both sign a contract MEDICARE PRIVATE CONTRACTING IN THE HOUSE OF REPRESENTATIVES in which the patient agrees not to file a (By Elliot Carlson and Don McLeod) claim with Medicare. The patient also agrees Wednesday, February 11, 1998 Medicare beneficiaries are being flooded to pay 100 percent of whatever amount the Mr. FRANKS of New Jersey. Mr. Speaker, with misinformation about their right to doctor charges. The contract must disclose enter into private contracts with their doc- today I rise to introduce the Safe Schools that Medicare will pay no portion of the cost Internet Act. Later this year, our schools and tors. of the service. Nor will the enrollee’s As examples, observers cite reports in medigap policy. libraries will be receiving funds from the Con- some newspapers and magazines stating gressionally created Universal Service Fund to that, because of the 1997 Balanced Budget Also, the new provision is limited to doc- defray costs of Internet access. While it is un- Act (BBA), doctors will be barred from treat- tors who agree, in an affidavit, to forgo all deniably important for our children to have ac- payment from Medicare for two years—a ing older patients on a private basis. cess to this important tool in their classrooms, ‘‘What we have here,’’ says AARP legisla- clause that has turned out to be controver- tive director John Rother, ‘is a concerted sial. Critics argue that the ‘‘two-year ban’’ the ``hooking up'' of America's schools also scare campaign aimed at misleading Medi- makes it very hard for doctors to take ad- comes with problems. care beneficiaries into believing that they vantage of the Kyl provision. And, they add, As most people know, in addition to the have lost the freedom to choose their own it could discourage doctors from taking new priceless information available on the Internet, doctors and seek the care they need.’’ Medicare patients. the Internet also contains a limitless supply of That’s false, Rother says. Rather than material not appropriate for children. When we weakening an enrollee’s right to contract Such concerns don’t stand up to close ex- amination, says Tricia Smith, coordinator of hook our schools to the Internet, we are also privately with doctors, he adds, the recently hooking them up to this material. While we enacted BBA actually expands that right. AARP’s legislative health team. ‘‘There is Prior to passage of that law last fall, Medi- good reason for the two-year exclusion.’’ For would never let our school libraries carry ma- care beneficiaries and doctors were not per- starters, ‘‘the provision is a real protection terial such as Penthouse or depictions of vio- mitted to contract privately for services for Medicare patients,’’ she says. ‘‘It’s in- lent torture, we may soon be doing so through Medicare covered, such as office visits. tended to prevent doctors from picking and the Internet. Any doctor treating a Medicare patient choosing patients based on income and sever- However, technology currently available on had to file a claim with Medicare and was ity of illness. the market makes it possible to block out limited in how much he or she could charge ‘‘Also,’’ Smith adds, ‘‘it seeks to protect many offensive Internet web sites. The Safe a beneficiary. Medicare against fraud.’’ Schools Internet Act would require that any The BBA liberalizes these provisions. For the first time, effective Jan. 1, 1998, the law In the wake of the controversy over pri- school system accepting federal money from allows doctors to contract privately with vate contracting, Senator Kyl is advocating the Universal Service Fund to facilitate Inter- Medicare enrollees for services that are al- a new bill that would go well beyond the in- net access install Internet blocking software. ready covered by Medicare. tent of his original proposal. Not only is he Under the bill, libraries would be held to the But no sooner was the BBA enacted, seeking to eliminate the two-year ban, but same requirement for at least one computer in Rother points out, than some groups started he also wants to allow doctors to contract the library. The method of blocking would be misinterpreting it—telling people incor- privately with low-income patients and left to local school and library officials, ensur- rectly that the new law, rather than expand- those in managed care. And he wants to let ing enrollee rights, had taken them away. ing continued local control of these important doctors pick and choose what services they institutions. This Safe Schools Internet Act will One group, he notes, has been writing bene- will contract for. ficiaries, quite erroneously, that if they pay ensure that children in our schools and librar- a doctor out of their own pocket for a treat- The legislation is supported by the Amer- ies are not confronted with age-inappropriate ment not covered by Medicare, then their ican Medical Association (AMA), which has material, and that the federal government doctor will be barred from treating Medicare opposed Medicare’s limits on balance bill- does not find itself financing offensive material patients for two years. ing—the extra amount doctors can charge in our schools. Not so. Patients always could—and still beneficiaries over and above Medicare’s pay- I hope my colleagues will join me and co- can—privately buy services not covered by ment. Medicare, such as prescription drugs, eye- sponsor this important legislation. But AARP, along with the New York-based f glasses and hearing aids. ‘‘Beneficiaries have Medicare Rights Center and some other con- always been able to pay out of their own sumer groups, strongly opposes the Kyl leg- pocket for services not covered by Medicare COMMENDING JAMES CASALE islation. The American College of Physicians without penalty to themselves or their phy- has raised serious questions about it. sicians,’’ says Nancy-Ann DeParle, adminis- HON. ROBERT A. WEYGAND trator of the Health Care Financing Admin- ‘‘These proposed changes could open up OF RHODE ISLAND istration, which runs Medicare. ‘‘The new Medicare to even more fraud and abuse than IN THE HOUSE OF REPRESENTATIVES Balanced Budget Act doesn’t change that.’’ we see now,’’ says AARP’s Smith. ‘‘Medicare And you always could—and still can—pay would have a very hard time identifying Wednesday, February 11, 1998 for extra medical tests you want without which services were paid for privately. Thus, Mr. WEYGAND. Mr. Speaker, I rise today to you or your doctor being penalized, even if doctors could double-bill and collect from commend James Casale, age 7, who has al- your doctor disagrees about the need. both beneficiaries and Medicare.’’ A case in point is mammograms. Under the ready proven himself to be an outstanding law Medicare pays for one mammogram per Critics, AARP among them, also worry member of our society, James attends second year. If you have a history of breast cancer about the danger that private contracting grade at Gladstone Street School in Cranston, in your family and your doctor deems it ad- could create a ‘‘two-tiered system’’—one for Rhode Island. When told that his school was visable, Medicare will pay for a second test. better-off enrollees who could afford high- priced doctors and another for all other en- having a canned food drive for the poor, Even if you aren’t a high-risk case for James raided his family's pantry for items to breast cancer but you simply want a second rollees. test, you can go ahead and pay for it on your contribute. After a few days, his parents told Finally, AARP and other critics worry him the best way to contribute was to use his own without penalty to you or your doctor. about the ability of doctors to charge any But the 1997 BBA does change some things. price for services rendered and the Medicare own money to buy food. As noted above, it allows doctors for the first enrollee being held responsible to pay 100 James used $100 saved from allowances time to contract privately with Medicare en- percent of the bill. and tooth fairy money to buy 17 cases of food. rollees for services that are already covered On November 20th his father dropped James ‘‘When a beneficiary agrees to a private by Medicare. and his four hundred cans off at the school- contract, he or she is liable for 100 percent of This change stems from a bill advanced yard. Those four hundred cans inspired other last June by Sen. Jon Kyl, R–Ariz., who said what the doctor chooses to charge for the the change was needed to allow ‘‘those 9 per- service,’’ Smith observes. ‘‘When bene- students in his school to donate even more cent of the physicians who do not treat ficiaries discover that and recognize that than they already had. In previous years, the Medicare patients to continue to treat their their medigap policy won’t cover the costs, Thanksgiving food drive had accumulated only patients [after patients turn 65] as they al- they may find that the out-of-pocket costs a few hundred cans. Last year's food drive set ways have.’’ In the waning hours of the de- will be unmanageable.’’ a record at 1,600 cans. However, because of February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E135 the example set by James Casale, this year's TRIBUTE TO LEONARD W. with the Zion Canaan Senior Citizens Bible canned food drive more than doubled that ZIOLKOWSKI, SOUTHSIDE AD- Study. amount, raising 3,445 cans. VANCEMENT ASSOCIATIONS’ Mrs. Missouri was born in Richland County, MAN OF THE YEAR South Carolina, on March 24, 1898, to Wilson James had seen people in the newspaper and Estelle Bell. Mrs. Missouri is one of six and on television who needed help, so he sim- HON. GERALD D. KLECZKA children. Her siblings include William Harry ply did what he could to help them. When Bell of New York (89 years old), Marion Bell OF WISCONSIN asked why he made such a generous dona- Foster (deceased), Desport Bell (deceased), IN THE HOUSE OF REPRESENTATIVES tion, James said that he did for poor people. Essie Dixon (deceased), and James S. Bell Wouldn't it be wonderful if everyone who saw Wednesday, February 11, 1998 (deceased). Family and good values are Mrs. a need did what they could and stepped in to Mr. KLECZKA. Mr. Speaker, I rise today to Missouri's most cherished possessions. At an fill the void? Too many of us say ``I don't have recognize a remarkable member of my district, early age she married Bogan C. Missouri (de- the time,'' or ``I can't afford it'', yet James gave as well as a friend of many years, Mr. Leonard ceased). They had one son, the Reverend freely of both his time and money. W. Ziolkowski, for being named Man of the Rufus Levi Mosby. She proudly carries the title I had the opportunity to meet with James on Year by the Council of South Side Advance- of great-grandmother and has two grand- November 21 and present him with a Public ment Association of Milwaukee, Wisconsin. daughters, Carrie Boyce and Beverly J. Service Certificate in recognition of his out- The Council of South Side Advancement is Mosby; and one great-grandson, D. ``Ray'' standing and invaluable service to the commu- a civic network that draws from organizations Boyce. nity. I was impressed by both the compassion throughout the area to unite the community In her youth, Mrs. Missouri attended school at Zion Canaan Church. In those days, chil- and drive of this young man. and encourages involvement from its citizens. One way in which the Council encourages this dren only went to school for three months so Mr. Speaker, I encourage my colleagues to is through recognition of outstanding members they could help in the fields the remainder of join me in commending seven year old James of the community at the Lincoln Day Banquet. the year. Mrs. Missouri is a member of Zion Casale for setting an example for his class- As an honoree at this year's banquet, Mr. Canaan Baptist Church, and she enjoys read- mates and his community. Ziolkowski personifies the leadership and in- ing the Holy Bible and listening to all types of volvement for which the organization strives. Christian music. Her favorite Bible scripture is f Len's professional career exhibits remark- Psalms 100, which calls for Christians to wor- able examples of dedication and leadership. ship and give thanks to the Lord. She encour- CHICAGO DEALER HONORED BY Appointed a patrolman in 1950, he was con- ages the young to ``obey your parents. Par- TIME MAGAZINE—STANLEY sistently promoted throughout his longstanding ents, love and respect your children, and BALZEKAS, JR. career with the Milwaukee Police Department teach your children about the Lord.'' until his retirement in 1986 as inspector of po- On Tuesday, March 24, 1998, family and lice. He then shared his experience and friends will gather in celebration of Mrs. Mis- HON. WILLIAM O. LIPINSKI knowledge as supervisor of the police science souri's 100th birthday. Please join me in wish- ing Mrs. Corrie Bell Missouri a prosperous and OF ILLINOIS program at the Milwaukee Area Technical Col- lege. He also has served as a member of the happy birthday. Mrs. Missouri is truly a living IN THE HOUSE OF REPRESENTATIVES Fire and Police Commission for the City of Mil- example of the American spirit that our coun- try's flag represents. Wednesday, February 11, 1998 waukee and director of the Milwaukee Police Academy, which gained national recognition f Mr. LIPINSKI. Mr. Speaker, I would like to while under his direction. PRESERVING THE DISTRICT OF honor a fine businessman of the automobile Currently president of the South Side Busi- COLUMBIA’S CHARITABLE ASSETS industry, Mr. Stanley Balzekas, Jr. Mr. ness Club and vice-president of St. Joseph's Balzekas Jr., a businessman in the Foundation, Len's leadership transcends his HON. FORTNEY PETE STARK Chicagoland area, delivers great service to professional career and carries into his com- OF CALIFORNIA families and individuals in the Chicagoland munity involvement. As a fellow American of IN THE HOUSE OF REPRESENTATIVES community. Polish descent, Len promotes his heritage by Wednesday, February 11, 1998 Stanley Balzekas Jr., president of Balzekas his participation in the Milwaukee Society and Mr. STARK. Mr. Speaker, all across the Motor Sales, was honored by TIME Magazine the Polish National Alliance. He is also active United States, Blue Cross and Blue Shield with the 29th annual TIME Magazine Quality in the American Society of Law Enforcement Trainers, Law Enforcement Training Officers health insurance plans are changing their Dealer Award (TMQDA). Mr. Balzekas re- stripes through mergers, conversions, other ceived this award on January 31, 1998 for his Assoc., International Narcotics Enforcement Officers Association, and the American Legion changes in corporate status, or buy-outs. As outstanding business achievements in the post 415. many of my colleagues know, these changes automobile industry. As part of the award, I ask that you join me in congratulating Len have triggered debate in many states over the TIME Magazine makes an annual grant of Ziolkowski as he is honored at the Lincoln Day fate of charitable assets of these plans. As scholarship funds to the University of Michigan Banquet on February 22nd, 1998. one observer put it, ``The Blues see green. Business School in the names of TIME, Good- f Consumers see red.'' year, the National Automobiles Dealers Asso- In California, for example, two new founda- ciation, and the TMQDA recipients. TRIBUTE TO MRS. CORRIE BELL tions have over $3 billion for health care, cour- Stanley Balzekas Jr., a native of Chicago, Il- MISSOURI tesy of the Blue Cross conversion. In New Jer- linois, began his career in the automobile in- sey, an appeals court ruled last year that the dustry working part time for his father during HON. JAMES E. CLYBURN Blues there are, in fact, ``charitable and benev- high school and college. Upon graduation from OF SOUTH CAROLINA olent.'' In Texas, the attorney general is in DePaul University in Chicago, Illinois, and his IN THE HOUSE OF REPRESENTATIVES court to block the merger between the Texas and Illinois Blues. In North Carolina, the state completion of a masters degree of business Wednesday, February 11, 1998 and marketing, Mr. Balzekas climbed his way legislature set up a study commission to ex- through the ranks to become president of Mr. CLYBURN. Mr. Speaker, I rise today to amine the fate of the Blues plan there. In Kan- Balzekas Motor Sales. Currently, Stanley pay tribute to a pillar in our community, Mrs. sas, the attorney general has filed a claim Corrie Bell Missouri of Columbia, South Caro- Balzekas resides in Chicago with his wife, against the officers and directors of the Blues lina, on the occasion of her 100th birthday. three children and three wonderful grand- for breach of their fiduciary duty in connection Mrs. Missouri has offered tireless assistance with their campaign to deny the charitable sta- children. to her community for many years. She visits tus of the assets. I would like to extend my congratulations to Pontiac Elementary School annually, where Each of these cases demonstrates that the Mr. Stanley Balzekas Jr. on his great accom- she entertains the students with facts from her tug-of-war over charitable assets is a state plishments as a businessman and friend to the ``Wonder Years.'' One of the skills Mrs. Mis- matter. Rarely, if ever, does Congress become community bringing families and individuals souri likes to share is her ability to recite the involved, though perhaps the time is drawing ``the American dream'' of purchasing a new alphabet backwards. She is very active with near for a national examination of these automobile. the Francis Burns Senior Citizens, as well as trends. E136 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 Right in our own backyard here in the na- and hostility in her community. Finally, Erin ment to healing makes him truly worthy of tion's capital, the Washington Blue Cross plan Conti or Warwick Veterans Memorial High praise and recognition. It is indeed a pleasure recently merged with the Maryland plan School volunteers as a `buddy'' on a baseball to stand in front of this House and speak of headquartered in Baltimore. This followed pas- team for physical and mentally challenged Dr. Willy's Francis Mueller, who through his sage of HR 3025 at the end of the last ses- children. thoughts, deeds, an actions has provided the sion of Congress, facilitating the merger by All of these students should be very proud community with an invaluable resource and an amending the Federal charter of the DC of themselves for having been singled out indomitable spirit. The City of Flint is a better Blues, which is the only Blue Cross plan na- from such a large group of dedicated volun- place because of Dr. Mueller's selfless service tionwide to have been chartered by Congress teers. I heartily applaud each and every one of to humanity. Our community owes him a tre- rather than by a state. The merger is being them for his or her initiative in seeking to mendous debt of gratitude. We wish him well challenged in two court actions brought by the make Rhode Island a better place to live, and in all his future endeavors. Blue Cross policyholders and by a national pa- for the positive impact they have made on the f tient advocacy foundation, who claim that the lives of others. Each one has demonstrated a merger involves an illegal shift in control of level of commitment and accomplishment that MARY ANN KIRK, ‘‘MARYLAND charitable assets away from the intended is truly extraordinary in today's world, and de- AMERICAN MOTHER’’ beneficiaries. Lawyers for Blue Cross are cit- serves our sincere admiration and respect. ing congressional action on HR 3025 as a de- Their actions show that young people canÐ HON. CONSTANCE A. MORELLA fense in the lawsuits. and doÐplay important roles in our commu- OF MARYLAND While HR 3025 modified the DC Blues' nities, and that America's community spirit IN THE HOUSE OF REPRESENTATIVES charter to change its provisions for member- continues to hold tremendous promise for the Wednesday, February 11, 1998 ship, the legislation was silent on all issues in- future. f Mrs. MORELLA. Mr. Speaker, I rise today to volving the plan's charitable and benevolent salute Maryland's 1997 ``Maryland American status and the charitable nature of assets. A IN TRIBUTE TO DR. WILLYS Mother,'' Mary Ann Kirk. A resident of Rock- review of the last minute consideration of this FRANCIS MUELLER, JR. ville, Md., and my constituent, Mrs. Kirk was legislation in November 1997 that Congress honored last year for her devotion to her won- took no action to diminish the charitable status HON. DALE E. KILDEE derful family and for her tireless efforts as a of the Blues plan, nor did Congress con- OF MICHIGAN community volunteer. Mrs. Kirk has been ac- template the effect of HR 3025 on the DC IN THE HOUSE OF REPRESENTATIVES tive in promoting character and citizenship Blues' obligations arising from its charitable Wednesday, February 11, 1998 education in Maryland's schools. She has long status. been an active volunteer with the American f Mr. KILDEE. Mr. Speaker, I stand before Heart Association and with area school tutor- you today to recognize a most distinguished HONORING LAURA BERMAN ing programs. In all her activities, she under- member of our community, Dr. Willys Francis scores the important roles of mothers in shap- Mueller, Jr., of Flint, Michigan. After devoting ing our society. HON. ROBERT A. WEYGAND 33 years of his life to the medical profession, The ``Maryland American Mother of the OF RHODE ISLAND Dr. Mueller has decided to retire from his posi- Year'' is sponsored by American Mothers, Inc., IN THE HOUSE OF REPRESENTATIVES tion as Chairman of the Department of Pathol- an organization founded in 1933 to strengthen Wednesday, February 11, 1998 ogy at Hurley Medical Center in Flint. the home and family and to provide support to Throughout his many years of dedicated serv- Mr. WEYGAND. Mr. Speaker, I rise today to mothers in a sometimes troubling, always ice, Dr. Mueller has worked as an honorable challenging, world. AMI, the official sponsor of congratulate and honor a young Rhode Island physician, a selfless civic volunteer and a de- student from my district who has achieved na- Mothers' Day, provides outreach programs voted family man. that include parenting workshops, tutoring and tional recognition for exemplary volunteer Dr. Mueller attended the University of Michi- literacy programs, providing clothing and shel- service in her community. Laura Berman of gan, Ann Arbor, and graduated with a degree North Kingstown has just been named one of ter for needy families. in pre-med. He continued his education at U Mr. Speaker, please join with me in saluting my state's top honorees in the 1998 Prudential of M, and received his Medical Degree in June Spirit of Community Awards program, an an- Mary Anne Kirk, who by her contributions to of 1959. To complete his education, Dr. her own family and to her state and commu- nual honor conferred on the most impressive Mueller did his internship and residency, and student volunteers in each state. nity, richly deserves the title ``Maryland Amer- later became certified in pathologic anatomy, ican Mother of the Year.'' She truly makes a Ms. Berman is being recognized for creating and clinical and forensic pathology. In Sep- a library awareness program for third graders difference. tember 1966, Dr. Mueller joined the United f in her community of North Kingstown. Laura States Army and became Captain of Medical had read about a project in the New York City Corps Assignments. He served as a Staff Pa- TRIBUTE TO DOROTHY SEELEY, school system and decided to base her pro- thologist and as a Chief of the Accident Pa- SOUTHSIDE ADVANCEMENT AS- gram on that. Working with a fellow volunteer, thology Branch in the Military Environmental SOCIATIONS’ WOMAN OF THE the local library system, and the elementary Division at the Armed Forces Institute of Pa- YEAR school teachers, Laura designed a classroom thology. presentation that would impress upon children As a member of various medical organiza- HON. GERALD D. KLECZKA the joys of reading and the activities offered tions, Dr. Mueller has made immeasurable OF WISCONSIN by the public library. Laura also distributed contributions to the lives of people throughout IN THE HOUSE OF REPRESENTATIVES personal library cards to every child, along the State. He is a member of the Michigan As- with a t-shirt purchased with donations that sociation of Blood Banks, the Michigan State Wednesday, February 11, 1998 read, `Your library card . . . don't leave home Medical Society and the Michigan Association Mr. KLECZKA. Mr. Speaker, I rise today in without it!'' The program was so successful of Medical Examiners, to name just a few. He tribute to Mrs. Dorothy Seeley, who will be that Laura has recruited additional volunteer has served as a Clinical and Adjunct Profes- honored Sunday, February 22, 1998, as the help and plans to offer it at two more elemen- sor at Michigan State University, Northern Woman of the Year by the Council of South tary schools this year. Michigan University and Michigan Technical Side Advancement Associations, Incorporated, In addition to Ms. Berman, I am pleased to University. of Milwaukee. tell you that there were four Distinguished Fi- Dr. Mueller's work as a physician is only to The Council of South Side Advancement nalists. Ryan Arruda of Wickford Middle be outdone by his involvement in several civic Associations is a network comprised of dele- School in North Kingstown initiated a program organizations. These include the American gates from south side Milwaukee veterans, to collect recyclable aluminum cans to benefit Red Cross, The Hurley Clinic, St. John Catho- scholarship, business, civic and senior citizen the local food pantry. Mariah Northrop also of lic Church and Delta College. Also, he has organizations. Its members, from many di- Wickford Middle School participates in `Make a been involved in numerous speaking engage- verse ethnic and cultural backgrounds come Difference Day'' to clean up her community. ments at local high school career days and together in a coalition to educate themselves Janaina Stanley of North Kingstown High service clubs. on local matters, to provide support to each School started a program called Breaking Mr. Speaker, Willys Mueller's spirit of vol- other and address issues involving the South Down Barriers to prevent racism, prejudice unteerism combined with his lifetime commit- Side community. February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E137 In this spirit, the Council will celebrate its cessful work of these centersÐbased on four Assistance Act for international rehabilitation 51st annual Lincoln Day Banquet on February parallel pillars consisting of psychotherapy, services, and it authorizes $3 million for FY 22nd and will honor my long time friend and physiotherapy, social counseling and nurs- 1999 and $3 million for FY 2000 of funds au- supporter, and senior citizen advocate ingÐhave shown that with adequate treat- thorized under the Foreign Assistance Act to extraordinaire, Mrs. Dorothy Seeley. ment, torture victims can resume productive contribute to the United Nations Voluntary Dorothy has a well-earned reputation and fulfilling lives. Fund for Torture Victims. around the Milwaukee area and our entire Mr. Speaker, since torture is used by the In a further effort to strengthen the inter- state as a real go-getter and fighter for the most despicable of totalitarian oppressors national effort to address the scourge of tor- rights of our senior citizens. From her years at around the world as one of their most com- ture, our legislation commits the United States Nordberg Manufacturing Company as a crane mon techniques for suppressing freedom of to use its voice and vote in the United Nations operator, to her union steward days, right on speech and democratic rights, it typically tar- to support the investigation and elimination of through her appointments by Wisconsin Gov- gets the strongest and most outstanding de- practices outlawed under the U.N. Convention ernor John Reynolds and Milwaukee County fenders of these democratic values in foreign Against Torture and Other Cruel, Inhuman, or Executive John Doyne, Dorothy has been a countries. The United States has courageously Degrading Treatment or Punishment. Mr. friend of working men and women and retir- defended and promoted the values of freedom Speaker, I urge all my colleagues to join me ees. To this day, as President of United Sen- and democracy around the world, the very in support of this important legislation. iors of Wisconsin, Dorothy pursues the never- principles on which this country was founded. f ending battle to protect the rights of seniors, The victims of torture are these courageous so that their voices can be heard here at people who, knowing full well the risk of phys- COMMENDING THE HEROISM OF home in Milwaukee, in Madison at the State ical and psychological harm which will inevi- CUB SCOUT WILLEM REYNAR Capitol and in Washington, D.C. tably come to them if they are arrested, up- In 1990, Dorothy was given the prestigious hold our common values in the face of their HON. BENJAMIN A. GILMAN honor of being named one of Wisconsin's Ten brutal oppressors. OF NEW YORK Most Admired Senior Citizens by Security Mr. Speaker, these heroic defenders of IN THE HOUSE OF REPRESENTATIVES Savings at an awards ceremony during the human rights and human liberty deserve our Wednesday, February 11, 1998 Wisconsin State Fair. strongest support. The Torture Victims Relief Mr. Speaker and colleagues, I ask that you Act (H.R. 3161) will fully implement the provi- Mr. GILMAN. Mr. Speaker, I would like to join me in congratulating Mrs. Dorothy Seeley sions of the U.N. Convention Against Torture take this opportunity to recognize a brave and on a job well done. Keep up the great work, and Other Cruel, Inhuman, or Degrading outstanding young American, Cub Scout Dorothy, for many years to come. May God Treatment or Punishment, which prohibits the Willem Reynar of Cub Scout Pack 440. Bless. involuntary return of any person to a country Willem Reynar is the epitome of a good Cub f if there is substantial evidence that a reason- Scout, possessing courage and bravery be- able person in those circumstances would fear yond his years. In September 1997, Willem INTRODUCTION OF H.R. 3161— subjection to torture. was able to think clearly and act quickly when TORTURE VICTIMS RELIEF ACT President Ronald Reagan signed the U.N. he found his younger sister in a drowning situ- Convention on April 18, 1988, and the United ation. Willem didn't panic and in turn saved his HON. TOM LANTOS States Senate ratified it on 21 October, 1994. sister's life. OF CALIFORNIA With the ratification of this convention, these I commend Willem Reynar for his courage IN THE HOUSE OF REPRESENTATIVES international norms became binding law in the and heroism. According to the great American United States. There is no domestic legisla- author Mark Twain, ``Courage is resistance to Wednesday, February 11, 1998 tion, however, to implement these international fear, mastery of fearÐnot absence of fear.'' Mr. LANTOS. Mr. Speaker, on February 4th, legal provisions. Our legislation will rectify this Willem Reynar was able to conquer his fear I joined my distinguished colleague from New oversight by providing the legal provisions and save the life of another human being. Jersey, Congressman CHRISTOPHER SMITH, in necessary to implement the Convention on Willem Reynar's bravery is an example to introducing H.R. 3161, the Torture Victims Re- Torture. his Pack and to us all. Accordingly, I urge my lief Act. Together, the two of us introduced Furthermore, our important bill will make im- colleagues to join me in commending Cub similar legislation during the 104th Congress. portant changes in the immigration procedures Scout Willem Reynar, a hero who truly de- Our important legislation attempts to deal under which torture victims will be handled. serves the Boy Scout Lifesaving Award. with the detrimental consequences of the most The provisions of this bill expedite the proc- f egregious form of violation of international essing for asylum applicants who make credi- human rightsÐthe widespread use of torture. ble claims that they have been victims of tor- BOB ADAMS: AN AMERICAN HERO Human rights experts estimate that there are ture. The legislation establishes the presump- over 79 countries around the world where tor- tion that such applicants should not be de- HON. J.C. WATTS, JR. ture is practiced on a systematic basis. As a tained while their asylum case is pending, and OF OKLAHOMA consequence, there are currently an estimated it designates refugees who are torture victims IN THE HOUSE OF REPRESENTATIVES 200,000 to 400,000 victims of foreign govern- as refugees of special humanitarian concern Wednesday, February 11, 1998 mental torture in the United States, who are in with priority for resettlement at least as high dire need of qualified psychological and medi- as that given to any other refugee group. Mr. WATTS of Oklahoma. Mr. Speaker, cal treatment in adequate facilities. The trau- In addition, the Torture Victims Relief Act today I rise to pay tribute to a friend, a role matic experiences of tortureÐwhich according provides for special training for officials who model and a hero in the black community. to experts in most cases does not ultimately are involved in implementing immigration pro- This man believes in the four values which aim to obtain information, but simply to break cedures. This training will provide information have made America great. Those values are and destroy the victim's personality and about torture and its long-term effects, and hard work, integrity, faith in God and persist- human identityÐresult in continuous night- this will help these officials to consider the ence. In particular, Mr. Speaker, I would like to mares, flashbacks, anxiety attacks, and deep special physical and psychological cir- recognize a successful black businessmen depressions. cumstances a torture victim has to endure who overcame dire circumstances to realize In 1973, Amnesty International appealed to when they have to provide evidence in support the American Dream. the world medical profession to respond to the of their asylum claim. Indeed, my good friend Bob Adams is the international use of torture and to develop a In order to ensure an adequate rehabilitation personification of the American Dream. Here multi-pronged treatment program to counter treatment for victims of torture, this bill author- is a man who was born into poverty and who the severe effects of torture. These effortsÐin izes $5 million for FY 1999 and $7.5 million for understands what it feels like to go to bed with particular under the outstanding leadership of FY 2000 from funds authorized for the Depart- an empty belly, wake up with an empty belly, Dr. Inge Genefke, MD, DMSc.h.c.Ðresulted in ment of Health and Human Services to sup- and then go to school and try to learn on an the establishment of the first Rehabilitation port domestic torture treatment programs. In empty belly. There are millions of children in and Research Centre for Torture Victims in addition, the bill fully supports the international this country, Mr. Speaker, who have to endure Copenhagen, Denmark, in 1982. This inter- efforts I have outlined above. It authorizes $5 the same horrible circumstances, but I am national movement has now grown to encom- million for FY 1999 and $7.5 million for FY hopeful we can work in a bipartisan fashion in pass 173 centers in 76 countries. The suc- 2000 of funds authorized under the Foreign Congress to help end this suffering. E138 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 Though the odds were against him succeed- sought to hire people who have good heads can they get away with it? Certainly the cost ing, Bob Adams never gave up. He never and good hearts. Larry has both attributes in of making it did not go up more than 10 chose a life of stealing and drug dealing. That great abundance. Indeed, over the years, times in less than a year. The reason given me was that now there is only one company would have been the easy way out. Instead of Larry has not only become one of my closest making it—a lame excuse for taking such ad- saying, ``I can't make it. It's too hard to suc- advisors, he has also been one of my dearest vantage of patients in need. ceed,'' Bob Adams instead decided to work friends. Thanks for your efforts to protect the poor hard in school, keep his faith in Jesus and During his tenure on my staff, Larry handled consumer. maintain a positive attitude. Just like that song a variety of my most important legislative pri- f you hear over the radio, Bob Adams told him- orities. He was instrumental in the passage of self, ``I might get knocked down, but I'll get up the Michigan Wilderness Heritage Act, the WESTINGHOUSE SCIENCE TALENT again. You're never going to keep me down.'' Grand Island National Recreation Area Act, SEARCH Today, Mr. Speaker, I am proud to say that and the Michigan Wild and Scenic Rivers Act. my friend Bob Adams is a successful busi- Larry's work as the staff coordinator for the HON. MICHAEL P. FORBES nessman who owns a printing company and Congressional Automotive Caucus was crucial OF NEW YORK today does his part to give back to his com- to my efforts to reinvigorate the Caucus and IN THE HOUSE OF REPRESENTATIVES munity. He is one of the greatest examples I provide effective leadership in Congress on Wednesday, February 11, 1998 can think of when it comes to excellent role issues affecting the American automotive in- models in the black community. dustry. Mr. FORBES. Mr. Speaker, I rise today in Mr. Speaker, my fellow colleagues, when Most recently, Larry dedicated his time and the People's House to pay tribute to four the going got tough, Bob Adams didn't say, ``I efforts to the First Americans, Native Ameri- young scholars from Ward Melville High have gone this far, I can go no farther.'' In- cans. He worked tirelessly to ensure recogni- School, in Setauket, Long Island whose tal- stead he told himself, ``I'll never quit and I'll tion and federal support for tribes across the ents and hard work have earned them the never give up.'' Friends, that is the essence of United States. Larry was committed to the fun- coveted distinction as finalists in the 1998 the American Spirit. That is the bulldog men- damentals of sovereignty and respect that play Westinghouse Science Talent Search contest. tality that built America into the greatest coun- such a critical role in Native American culture. Continuing a remarkable legacy of scientific try in the world. His work as staff coordinator of the Congres- achievement at Ward Melville, Christopher Mi- My friends, whenever we despair and feel sional Native American Caucus has earned chael Gerson, Grace Ann Lau, Clyde Law and like quitting, it is time for us to get up, dust him a reputation in Washington, D.C. as one Thomas Peterson have been invited to Wash- ourselves off and remember that great Bible the most knowledgeable congressional staffers ington, DC to compete for the top honor in verseÐ``I can do all things through him who on these issues. He has also earned the re- America's oldest and most prestigious high gives me strength.'' And then we should re- spect and gratitude of Native Americans in In- school scholarship competition. member the example of such fine role models dian Country. Inspired by their own ingenuity and thirst for as Bob Adams for inspiration. Bob Adams is There is no doubt that Larry has left an in- knowledge, and supported by the dedicated proof that anyone can succeed in America if delible mark on all of those who have come in teaching staff at Ward Melville, Christopher, they put their mind to it, and their faith in God. contact with my congressional office. Whether Grace, Clyde and Thomas have all created f planning a softball game, a reception for Ernie impressive research projects that met the Harwell, or a conference on Indian Issues, competition's rigorous standards and earned PERSONAL EXPLANATION Larry brought excitement and interest to each them the recognition of the Westinghouse event. It is this dedication and devotion cou- judges. These hard-working scholars have HON. DAN BURTON pled with an indomitable spirit that makes produced brilliant experiments in scientific re- OF INDIANA Larry Rosenthal such a unique person. I am search. IN THE HOUSE OF REPRESENTATIVES proud to call him my friend. Christopher Gerson studied the effects of Larry's departure from my office is very bit- colliding continental plates by producing a lab- Wednesday, February 11, 1998 tersweet. Although I know that Larry will serve oratory model that accurately simulates geo- Mr. BURTON of Indiana. Mr. Speaker, on the government well at the NIGC, I will cer- logical movements. Using a sandbox with a February 5, 1998, I was unavoidably detained, tainly miss his expertise. His service to the movable wall to simulate plate motion, and therefore, missing roll call votes 8±10. Had I Ninth Congressional District should serve as precise marking and photography techniques, been here I would have voted Yea on roll call an example to us all. Please join me in ex- Chris devised a method for studying plate vote 8 (H. Res. 348) providing for the consid- pressing my gratitude to Larry for his many science using innovative quantitative studies. eration of H.R. 2846; Yea on roll call vote 9 years of service on Capitol Hill. I wish him the A sports columnist for the school magazine (H.R. 2846) prohibiting spending Federal edu- best in all his future endeavors. and a member of the school marching band, cation funds on national testing without explicit f Chris hopes to study computer science and and specific legislation; and Yea on roll call 10 mathematics at Princeton University. (H.R. 2631) disapproving the cancellations 1,160-PERCENT INCREASE IN DRUG For her project, Grace An Lau researched transmitted by the President on October 6, PRICE the effects that extracts from green tea have 1997, regarding Public Law 105±45. on an enzyme involved in inflammatory tissue f HON. FORTNEY PETE STARK injuries. Her study demonstrated that green OF CALIFORNIA tea can significantly inhibit the enzyme TRIBUTE TO LARRY ROSENTHAL IN THE HOUSE OF REPRESENTATIVES Neutrophil, which is implicated in a variety of Wednesday, February 11, 1998 diseases, including arthritis and cystic fibrosis. HON. DALE E. KILDEE A violinist in the school orchestra and a Mr. STARK. Mr. Speaker, enclosed is a OF MICHIGAN Science Olympiad participant, Grace will study copy of a letter I've received from a Mid- IN THE HOUSE OF REPRESENTATIVES biology in college and hopes to become a vet- western doctor. erinarian or a field scientist. Wednesday, February 11, 1998 DEAR REPRESENTATIVE STARK: I am not Clyde Law's physics experiment examined Mr. KILDEE. Mr. Speaker, I rise today to from your district or even from California the compressibility of nuclear matter sub- pay tribute to a member of my staff who has but I know your interest in problems with the pharmaceutical industry so I wanted to stances by studying the flow of protons, pro- recently left my office to become the Chief of share this outrage I just found out to my dis- viding important insight into nuclear and astro- Staff at the National Indian Gaming Commis- may. physics. Clyde is a participant in Science sion. Larry Rosenthal, who hails from my I called the Darby Drug Company to order Olympiad and was a finalist in the ThinkQuest hometown of Flint, MI, began working as a a thousand tablets of the generic for Lomotil Internet Contest. He is also active in the Asian legislative assistant in my office in 1987. I rec- and found that what had been $27.95 in 1997 is Culture Club and tutors Chinese. He hopes to ognized immediately that Larry shared my now $325.00—honestly—more than a 10% in- attend MIT to study engineering and computer belied that the role of government is to pre- crease. I could not believe it but was told it science and plans to become a computer sys- is true. They don’t have the 1998 catalogue serve, protect, defend and enhance human yet but they say that is the new price. tems analyst. dignity. Help! Thomas Petersen's breakthrough project As Members of Congress, we know how I have seen increases in the prices of drugs produced what is believed to be the first ex- crucial it is to have a good staff. I have always that seemed too high, but this is absurd. How perimental verification that thermally induced February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E139 capillary waves will cause spontaneous holes Companies should be allowed into the long TRIBUTE TO JACK BIRNBERG in certain polymer thin films. Thomas has distance market. Each time the FCC has re- been playing the cello since he was four and jected the recommendation. HON. BILL PASCRELL, JR. was a soloist and principal cellist in the Long It's time for the issue to get off the regu- OF NEW JERSEY Island Youth Orchestra. Tom also participates latory treadmill. We're long overdue for full IN THE HOUSE OF REPRESENTATIVES in various math and science clubs, won the gold medal in Science Olympiad and plans on scale telecommunications competition to Wednesday, February 11, 1998 pursuing a career in engineering. begin. Mr. PASCRELL. Mr. Speaker, I would like to The achievements of Chris, Grace, Clyde introduce you to Mr. Jack Birnberg. Jack is a and Thomas are due in no small part to the f remarkable individual who has done much to outstanding high school science program at improve the quality of life for the people of the Ward Melville High School that, for the second IN MEMORIAM OF DOMESTIC Eighth Congressional District of New Jersey. year in a row, produced the most Westing- VIOLENCE VICTIMS Deeply concerned with the well-being of our house Science Talent Search finalists in the senior citizens, Mr. Birnberg has been actively Nation. In fact, the four were among the 11 involved with the Daughters of Miriam Center contest finalists chosen from Long Island high HON. CONSTANCE A. MORELLA for a number of years. Most recently, he schools, comprising more than one-quarter of OF MARYLAND served two terms as President of the Board of the finalists chosen from all 50 states. The Trustees of that organization. Prior to that he IN THE HOUSE OF REPRESENTATIVES schools in my home area of Eastern Long Is- was the Vice-President and a member of the land produced fourteen semi-finalists in the Wednesday, February 11, 1998 finance committee for six years. Westinghouse Contest, including the four final- Jack is also an active member of the com- ists and: Meredith Suzanne Croke of Miller Mrs. MORELLA. Mr. Speaker, on February munity at large. He is a former trustee of the Place, Jonathan Aaron Arbreit, James Joseph 23, in Annapolis, Maryland, men, women, and Barnert Hospital and serves as a trustee at Cascione, Adam Brett Gottlieb, Joleen Okun, children will come together to remember and the Barnert Temple. Jack has also served as Alice Takhatajan, and Shellen Wu who are all mourn family, friends, and neighbors who died the Commissioner and President of the Board from Setauket, Christine Anne Champey and because of domestic violence during the past of the Children's Shelter of Passaic County Michael Teitelbaum of Smithtown and Robert year. The memorial service reminds all in at- and as a President of the Northeast Regional Nalewajk from Stony Brook. All of these stu- tendance of the terrible price Maryland pays Association of Small Business Investment Cor- dents deserve congratulations for their hard when homes become places of fear and terror poration. He is also a former member of the work and achievements. instead of havens of love and safety. Executive Council and the Board of Governors Mr. Speaker, as America focuses on im- of the National Association of Small Busi- proving student achievement and preparing The Maryland Network Against Domestic Vi- nesses Investment Corporation. them for the high-tech, computer driven future olence, which organizes the service each Currently, Jack is a corporate banker. He is of the 21st Century, the accomplishments of year, has worked diligently for more than 15 the Chairman of the Waldorf Group, Incor- Christopher Michael Gerson, Grace Ann Lau, years for better and tougher laws against do- porated, of Little Falls and the Tappan Zee Clyde Law and Thomas Peterson show us mestic violence, for increased funding for shel- Capital Corporation. In addition, Jack is the that America's future is in trusted hands. Their ters for battered women and their children, for Chairman of the Board of Olo Deerfield Fab- classmates can take inspiration from their suc- training judges and law enforcement person- rics, Inc. of Cedar Grove. cess and adults have seen what great things nel, and for educating the public about domes- Although active in the community and the our children will achieve when we provide tic violence and its consequences on our soci- corporate world, Jack is also a dedicated fam- them the skills and support. And so, Mr. ety. ily man. A resident of Wyckoff, Jack is married Speaker, I ask my colleagues in the House of to the former Louise Rothstein. They are the In the last decade, we have made enor- Representatives to join me in saluting Chris, proud parents of four sons, Michael, Steven, Grace, Clyde and Thomas and all of the other mous strides on the state, local, and federal Jeffrey, and John. They have two grand- talented students across the United States levels against domestic violence. Our state children. who have been named finalists in the 1998 and local laws have been improved and Mr. Speaker, I ask that you join me, our col- Westinghouse Science Talent Search Contest. strengthened. The Violence Against Women leagues, Jack Birnberg's family and friends, f Act, which I sponsored, has not only changed and the grateful residents of New Jersey as the way we enforce domestic violence laws we commend Jack for his years of service to TELECOMMUNICATIONS but also has provided needed funding to help the community. COMPETITION states and local communities make a real dif- f ference in the struggle against domestic vio- HON. ALLEN BOYD lence. AUGLAIZE COUNTY SESQUICENTENNIAL OF FLORIDA Early next month, I will introduce the second IN THE HOUSE OF REPRESENTATIVES Violence Against Women Act. VAWA II, as it HON. MICHAEL G. OXLEY Wednesday, February 11, 1998 has been called, will continue the federal com- OF OHIO mitment to fund the National Domestic Vio- Mr. BOYD. Mr. Speaker, while I was not a IN THE HOUSE OF REPRESENTATIVES Member of Congress when the 1996 Tele- lence Hotline, shelters and counseling pro- communications Law was passed, it's easy to grams, judicial training programs, and other Wednesday, February 11, 1998 see that competitive business strategies from services so important to our local commu- Mr. OXLEY. Mr. Speaker, I rise today to long distance companies and FCC's ever- nities. VAWA II will also address child custody, offer my most sincere congratulations to the changing interpretation of this legislation are housing, legal assistance, medical training, in- people of Auglaize County as they celebrate responsible for telephone competition being surance discrimination, protection for disabled their county's Sesquicentennial Anniversary. stymied. women, and issues critically important to the In reviewing the history of the county, it I don't believe Congress anticipated major health and well being of our families. came to my attention that Dr. George Wash- long distance companies concentrating on the ington Holbrook was principally responsible for Mr. Speaker, let us join with the Maryland more lucrative business customers while to- the county's existence. Indeed, when Dr. Hol- tally ignoring the local residential market. Con- Network Against Domestic Violence to recom- brook arrived in Wapakoneta, Ohio, from New gress also didn't foresee the FCC taking this mit ourselves to ending domestic violence in York in 1834, what we now know as Auglaize law and changing it to the point where no Re- our homes and in our communities in what- County was then located in Allen and Mercer gional Bell Company has a chance of offering ever way we can: as legislators, as advocates, counties. With the belief that the people of long distance service to their customers in the as volunteers, as parents, and as friends. And Wapakoneta and its neighboring communities near future. let us remember that as legislators, the bills deserved further recognition and representa- On multiple occasions state utility commis- we write and the votes we cast will determine tion, Dr. Holbrook convinced both local and sions have submitted favorable recommenda- to a great extent whether our children and state leaders of the need for a new county. Dr. tions to the FCC, stating the 14 point checklist their children will live in a world where domes- Holbrook's efforts and dreams were realized has been met and that Regional Bell Holding tic violence is no more. on February 14, 1848, when the Ohio General E140 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 Assembly passed legislation creating Ohio's We now have a new chairman and three new amateurs since the time of Galileo. The vitality 84th county, Auglaize. For his contributions, commissioners at the FCC and I am im- of this discipline is evident in magazine Dr. Holbrook is known as ``the father of pressed by their recent comments stressing shelves worldwide that carry astronomy relat- Auglaize County.'' the need to implement the Act. I encourage ed publications. AAVSO itself publishes its To commemorate the tremendous achieve- them in the strongest possible terms to imple- own highly respected journal to disseminate ments of the people of Auglaize County over ment the law and give consumers the choices latest results and scientific concepts. the last 150 years, a variety of celebrations they deserve. Mr. Speaker, I want to commend AAVSO for are scheduled throughout the year. I am espe- f its outstanding work and over eighty years of cially looking forward to the Air Show at the IN RECOGNITION OF THE AMER- productive contributions to the field of astron- Neil Armstrong Airport in New Knoxville and omy. the County Fair. ICAN ASSOCIATION OF VARIABLE STAR OBSERVERS I congratulate the great people of Auglaize f County on this historic achievement and wish them the best of luck over the next 150 years! HON. GEORGE E. BROWN, JR. TRIBUTE TO THE EPICUREAN f OF CALIFORNIA CLUB OF WASHINGTON, DC, INC. IN THE HOUSE OF REPRESENTATIVES TELECOMMUNICATIONS ACT OF AND CHEF RICHARD FISHER 1996 Wednesday, February 11, 1998 Mr. BROWN of California. Mr. Speaker, I HON. ELEANOR HOLMES NORTON HON. JERRY WELLER rise today to recognize the outstanding con- OF THE DISTRICT OF COLUMBIA OF ILLINOIS tributions that amateur astronomers from IN THE HOUSE OF REPRESENTATIVES around the world have made to our under- IN THE HOUSE OF REPRESENTATIVES standing of some of the most profound ques- Wednesday, February 11, 1998 tions that have confronted mankindÐthe evo- Wednesday, February 11, 1998 Mr. WELLER. Mr. Speaker, two years ago lution of the universe. In the very brief period this week the President signed into law the in which humans have had the ability to look Ms. NORTON. Mr. Speaker, I am pleased to Telecommunications Act of 1996 aimed at re- up and ponder our place in the universe, we honor The Epicurean Club, which was origi- moving monopoly protections and creating fair, have transcended a time in which religious nally an all-male group of Executive Chefs full and open competition in the communica- dictate required a belief that the heavens were who had apprenticed in Europe or Stewards. tions marketplace. One of the primary goals in unchanging, to one in which we accept The club's membership today is composed of passing this law was to give consumers the change as the status quo. men and women who are chefs, bakers and benefits of more choices, lower prices and We now know that stars change. Some- restaurant owners. I am delighted that The greater quality in their telephone and cable times the change is dramatic and visible to all Epicurean Club will celebrate its 60th anniver- services. such as the supernova explosion in 1987. sary with a Dinner Dance on February 22, Unfortunately, Mr. Speaker, it hasn't hap- More often, the changes are subtle to the cas- 1998. During that event Chef Richard Fisher, pened. In lieu of competition, consumers in ual observer. Yet these subtle changes in star CEC will be honored for his skillful and many areas of the country are seeing mergers brightness due to pulsations and eruptions untiring service as Chairman of the club's an- of massive proportions, higher cable rates and and eclipses behind intervening objects are nual Christmas Party. lawsuits filed by frustrated competitors seeking crucial in understanding the nature of the uni- Twenty-five years ago, when chefs were not to enter the long distance market. Having said verse and its ultimate fate. very well-paid or recognized, this party was an that, I would point out that Ameritech, the re- Mr. Speaker, in 1911 the American Associa- important social event. The club borrowed a gional communications company that serves tion of Variable Star Observers (AAVSO) was ballroom and solicited donations of food and my home state and four other Midwestern founded at the Harvard College Observatory. wine. Spouses who rarely went out because states, has done a commendable job of foster- This independent research organization is their husbands were always at work put on ing competition in our part of the country. dedicated to coordinating the observations of their finest and the party was always a tre- Today there are more than 130 companies variable stars by amateur astronomers in 46 mendous success. The party was evolved and certified to compete in the Ameritech region, participating countries. today serves over 500 people and has be- and the Company has interconnection agree- AAVSO receives, digitizes, and archives come the only Christmas party for some of the ments with 60 of them. Additionally, the Com- over 300,000 observations yearly from 300 to area's neediest children. Last year, the club pany's competitors are serving more than 350 observers. Since its founding, AAVSO has served 200 children from the DC Department 500,000 local lines by reselling service under catalogued over 8.5 million observations from of Human Services and The Orphan Founda- their brand names. Ameritech is also bringing 4000 observers. AAVSO boasts the largest tion of America. Each child received a gift, a true cable competition to the Midwest. Its and longest running computer readable acces- gingerbread house, extra food and a visit with cable subsidiary, Ameritech New Media, has sible variable star catalogue in existence. Santa Claus. 65 franchises with communities in Ohio, Illinois This valuable data base is used to help For over twenty-five years, Chef Fisher has and Michigan, and is now actively competing schedule precious observing time by the large worked in hotels and restaurants and was a against incumbent providers in 40 of those public and privately operated observatories, to representative for Knorr-Swiss in the Metro- communities offering enhanced cable TV serv- carry out collaborative research in analyzing politan area. He has been an active member ice to more than 100,000 homes. In those the long term behavior of variable stars, and of the club for over twenty years and is also communities where Ameritech New Media finally by educators and students. a member of the National Capital Chefs Asso- competes, incumbent providers have slashed In 1995, NASA conducted a major study of ciation. He has served as a judge at Culinary their prices, offered customers free premium cataclysmic variable stars by the ASTRO±2 Salons and is regarded as a true food profes- and pay per view channels, added more chan- telescope during the Space Shuttle mission sional. He lives in Virginia with his wife Trudy nels to existing service and guaranteed cus- STS±67. During the course of this mission, and has been Chairman of the club's annual tomers better service. This is precisely what NASA depended on AAVSO for critical guid- Christmas Party for twenty-five years. we intended when we passed the Tele- ance in identifying the best variable star tar- communications Act. gets. This coordinated research program re- Chef Fisher's work on behalf of children of However, Mr. Speaker, in spite of their ef- sulted in a superb data base on ten cata- the District of Columbia reflects the caring forts, neither Ameritech nor any of the former clysmic variable stars that has provided a spirit of many persons who reside outside our Bell companies has managed to cross the reg- wealth of scientific understanding. Since then, city. His efforts serve as a model and motiva- ulatory threshold to enter the long distance AAVSO has worked with NASA to coordinate tion for men and women in the metropolitan market. I think I speak for many of my col- observations on the Hubble Space Telescope, region who sincerely want to lessen the im- leagues when I say that I am extremely dis- the Extreme Ultraviolet Explorer, the X-Ray pact of poverty and hunger. appointed that consumers across the country Timing Explorer, the International Ultraviolet Mr. Speaker, I ask that this body join me in have yet to enjoy the full benefits of the Tele- Explorer, and many other international space congratulating The Epicurean Club of Wash- communications Act. I continue to believe this borne telescopes. ington, DC, Inc. on the occasion of their 60th is a good law, and I would urge the Federal Mr. Speaker, the astronomy community has Anniversary and in applauding Chef Fisher for Communications Commission to make it work. had a long tradition of active participation by his selfless service. February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E141

SUPPORTING H.R. 3137 Mr. HALL of Ohio and Mr. WOLF of Virginia, ever Mr. Ogorodnikov instructed, a rather dif- along with the distinguished Librarian of Con- ficult condition, since Mr. Ogorodnikov has no HON. WILLIAM L. JENKINS gress and specialist on Russia, Dr. James other place to store his equipment. In the OF TENNESSEE Billington. We were there as part of an inter- meantime, Mr. Ogorodnikov could win his IN THE HOUSE OF REPRESENTATIVES national delegation invited to discuss with case against his tormentors, and the court Russian officials the new Russian law on free- might order his foodstuffs and equipment re- Wednesday, February 11, 1998 dom of conscience and religious organiza- turned to him. By that time, who knows what Mr. JENKINS. Mr. Speaker, I rise today to tions. This trip was very fruitful and I believe will remain? support H.R. 3137, the Medicare Venipuncture will have played a role in having some of the Mr. Speaker, ironically, the United States Seniors Protection Act of 1998. This legislation most pernicious elements of that regrettable Government has spent significant amounts of sponsored by Representative BOB ADERHOLT legislation removed or alleviated. taxpayers' money to assist Russia with macro- (4th-AL) would delay implementation of the During our stay in Moscow, the U.S. Em- economic programs, small business assist- elimination of the venipuncture home health bassy kindly arranged a meeting for us with ance, and humanitarian aid. Yet here is a benefit included in the Balanced Budget Act of Alexander Ogorodnikov, a former Soviet politi- Russian man who, like many of his contem- 1997. In order to determine whether or not the cal prisoner whom I first met in 1988. Until re- poraries, could have gone into business for his benefit should be restored after the delay, the cently, he had operated a soup kitchen and own financial gain. Instead, he has devoted bill commissions a study of venipuncture ben- shelter for endangered young women in Mos- himself to helping the many poor and destitute efits. I also want to take the time to applaud cow. I say ``recently'' because just before our among his countrymen. In return, local officials the efforts of other Members of Congress who arrival, the soup kitchen was closed down by harass him, shut down his operation, and de- have taken a lead on this important issue. order of city officials. The shelter is still open, prive many others of the chance to have a de- Representative NICK RAHALL (3rd-WV) took although it has been subjected to periodic po- cent meal. the first step to correct this error in the Bal- lice raids since its opening. It is a sad commentary on human nature, anced Budget Act when he introduced H.R. Mr. Ogorodnikov opened his soup kitchen and bespeaks badly on the political leadership 2912, the Medicare Venipuncture Fairness Act on Khoroshevskoe Shosse in February 1991, of a city with such great potential. of 1997. I cosponsored the legislation which the first such privately funded charitable insti- f restores the venipuncture benefit completely. tution in the former Soviet Union. Among the Everyone is opposed to fraud, waste, and financial contributors were religious organiza- HONORING JACK B. LEVY abuse in the Medicare Program. I want to do tions in the United States, Germany, France, everything we can to eliminate these items and the Netherlands. The soup kitchen fed HON. GARY L. ACKERMAN from the program so that we can offer addi- pensioners, homeless persons, former OF NEW YORK tional medical services and prolong the life of incarcerees, refugees, people from other IN THE HOUSE OF REPRESENTATIVES the Medicare trust funds. However, complete neighborhoods, basically most anyone who Wednesday, February 11, 1998 elimination of the venipuncture benefit is not a needed a meal. According to Mr. Ogorodnikov, solution to this problem. Unfortunately, elimi- an average of 450 to 550 persons visited the Mr. ACKERMAN. Mr. Speaker, I rise today nating home health visits for the sole purpose soup kitchen every day as of 1997. to join with my constituents and the friends of obtaining a venipuncture was included in Unfortunately, as the saying goes, no good and family of Jack B. Levy as they gather in the Balanced Budget Act passed by this Con- deed goes unpunishedÐespecially in today's Long Beach, New York to celebrate his 100th gress and signed into law by the President Russia. Neighborhood officials and the Mos- birthday. Jack is the quintessential example of last year. cow city property authorities have been level- the American success story and exudes those This change in Medicare has affected indi- ing (in Mr. Ogorodnikov's words) ``unjustified characteristics and traits that are part of the vidual States in different ways. Some of the financial claims'' against the soup kitchen. The great American heritage. Born on February 25, most negatively affected are rural Southern case has gone to court and has still not been 1898 in Levov, Russia as Yankel Levov, he States like Tennessee, Alabama, Georgia, resolved. immigrated to America at age 15. Passing North Carolina, Mississippi, Kentucky, and Nevertheless, on the night of November 13, through Ellis Island and by the whim of an im- West Virginia. In Tennessee, State regulations 1997, a group of unknown persons showed up migrant inspector, he emerged into his new prevent lab technicians from entering homes when none of the soup kitchen personnel country as Jack B. Levy. and drawing blood under Medicare part B. were present and seized the premises. On the Having been taken in by his aunt and uncle, Further, there is no safety net on the State next day, when soup kitchen personnel arrived Jack took advantage of the many opportunities level which will care for these patients. If our for work, they were not permitted to enter. The being offered him and on his second day in intent is to save money in health care, it does new occupants announced that ``repairs had America began his first job. Jack was not one not make sense to discontinue this benefit. been initiated.'' Mr. Ogorodnikov was not even to sit idly by and undertook a series of jobs Many of these individuals could be placed into allowed to retrieve his equipment or the food- that would include cab driver, train engineer nursing homes and onto the Medicaid Pro- stuffs that had been stored at the soup kitch- and anything else at which he could earn a liv- gram. In Tennessee, one recent study has in- en. ing working 12 hours a day seven days a dicated that an additional 3,000 nursing beds On January 15, I visited the soup kitchen, or week. With a voracious appetite for reading will be needed by the year 2000. More beds rather what was left of it, with Mr. the daily papers, a habit which he still main- will be needed if this inequity is not corrected. Ogorodnikov. Repair work on the building was tains, Jack quickly learned to read and write Like many other Members of Congress, I being done, but it appeared as if the soup English. He soon became a citizen and estab- supported balancing the budget and getting kitchen had never existed. All Mr. lished the practice of having voted in every our financial house in order. When I ran for Ogorodnikov's kitchen equipment and his local and national election. Congress in 1996, one of my primary goals foodstuffs had disappeared. We asked for the In 1924, he married Mollie Steinman and was working to get the budget balanced. How- foreman of the operation and, after a while, he began a family that was to include his chil- ever, I believe that we have gone too far with showed up. I don't think he was glad to see dren, Lawrence, Aaron and Irene, eight grand- the elimination of this benefit, and I have no us. The foreman informed Mr. Ogorodnikov children and twelve great-grandchildren. Much intention of balancing the budget on the backs that his equipment had been removed and to the perseverance and dedication of their of our frail and elderly. stored elsewhere in the city, but he refused to parents, the work ethic, the concept of com- f say where. munity service and giving of one's self to help Mr. Ogorodnikov was shown a back room others became ingrained in their daily lives. ALEXANDER OGORODNIKOV AND where someone had stashed two of the icons Retirement has not changed Jack as is evi- CHARITY IN MOSCOW that had been on the soup kitchen wall, and denced by the County of Nassau recognizing Mr. Ogorodnikov was required to sign for the him for his outstanding work among senior citi- HON. CHRISTOPHER H. SMITH icons before he could remove them for safe zens. Not only has he continued to be a OF NEW JERSEY keeping, ``so there won't be any claims.'' Of source of joy and enlightenment to his entire IN THE HOUSE OF REPRESENTATIVES course, no one worried about claims when the family, he has also taken his many talents and food, refrigerators, freezers, tables, and other effectively applied them to the members of the Wednesday, February 11, 1998 equipment were hauled away. Senior Center of Long Beach, New York. Mr. SMITH of New Jersey. Mr. Speaker, re- The foreman did indicate that he would ar- Mr. Speaker, I ask my colleagues to rise cently I visited Moscow with my colleagues range to have the equipment delivered wher- and join with me in honoring Mr. Jack B. Levy. E142 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 At a time when we search for heroes and out- West to once again remember the Maine on in the streets of Detroit, just one day after re- standing leaders to provide us with that lead- the 100th anniversary of its destruction. As it turning home from the war. Four years after ership imbued with warmth, compassion and was a century ago, the history of our nation, Anthony Riggs' murder, a task force of under- understanding, we are well-served by the ex- the island of Key West and the battleship cover drug agents and police officers, under traordinary efforts of Jack Levy. Maine are bound together for all time. the supervision of Albert Nedoff, videotaped a f f confession by Toni Cato Riggs regarding her involvement in her husband's murder, resulting REMEMBER THE MAINE! CELEBRATING THE 80TH ANNIVER- in a first-degree murder conviction. SARY OF LITHUANIAN INDE- ``I am pleased that after nearly forty years of HON. PETER DEUTSCH PENDENCE city and federal government service, Albert OF FLORIDA Nedoff has chosen to continue serving our IN THE HOUSE OF REPRESENTATIVES HON. DAVID E. BONIOR country in the area of law enforcement. Wednesday, February 11, 1998 OF MICHIGAN Though he will be missed in the Michigan Mr. DEUTSCH. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES area, it is reassuring to know that he will still be fighting to rid our nation's streets of drugs. recognize the 100th anniversary of a tragic Wednesday, February 11, 1998 and intriguing chapter in American History. I wish him well in his new position and wish This Sunday, February 15th, marks the Cen- Mr. BONIOR. Mr. Speaker, I rise today to his family the very best in the future.'' tennial Anniversary of the sinking of the U.S.S. recognize the 80th anniversary of the declara- f tion of Lithuanian Independence. Battleship Maine in Havana harbor, Cuba. TRIBUTE TO ALBERTO VAZQUEZ This still unsolved mystery surrounding the For nearly 55 years, Lithuania was occupied sinking of the Maine and the role her explo- by Soviet military forces. But in the past five HON. SOLOMON P. ORTIZ sion played in the start of the Spanish-Amer- years, the people of Lithuania have been able to finally enjoy and celebrate the freedoms OF TEXAS ican War have given her a most prominent po- IN THE HOUSE OF REPRESENTATIVES sition in American history. and privileges of an independent nation. On January 24, 1898, the U.S.S. Battleship The United States and Lithuania have now Wednesday, February 11, 1998 Maine was dispatched from Key West to Ha- formed a significant partnership between our Mr. ORTIZ. Mr. Speaker, I rise today to vana to protect American lives and property leaders, our governments, and our people. We commend and pay tribute to Mr. Alberto during the conflict between Cuban revolution- have close trade relations with Lithuania. We Vazquez, the newly selected Mr. Amigo. aries and the Spanish Colonial Government. A are mutually committed to the security of the Every year, members of the Mr. Amigo As- letter home from Captain Charles Sigsbee re- Baltic region. sociation, who represent the City of Browns- calls that fateful night of February 15, 1898, With free and fair elections recently com- ville, Texas, travel to Mexico City to select a when the evening's calm was shattered by a pleted, Lithuania has established a commit- new Mr. Amigo to serve as the honored guest ``bursting, rending, crashing sound or roar of ment to democracy and pluralism. I believe we of the Mr. Amigo festivities in Brownsville. The immense volume.'' At 9:40 p.m. the explosion can say with great confidence that Lithuania is Mr. Amigo festivity is a four day international lifted the forward section of the Maine followed becoming a full partner in the effort to build event which invites the United States and immediately by a second, large and more vio- democracy and promote freedom around the Mexico to celebrate the cultures of these lent explosion near the center of the super- world. neighboring countries. During the Mr. Amigo structure. The entire interior of the vessel went I commend the Lithuanian-American com- celebration, which originated as a pre-Lenten dark as men struggled throughout the wound- munity for their persistence and hope through festival, Brownsville citizens participate in a ed ship to find a way out of the sinking and the many challenging decades. The 80th anni- series of parades, dances and parties to dem- burning hull. The explosions emanated pri- versary of Lithuanian independence was cele- onstrate the goodwill of both countries. It is a marily from the forward section of the Maine brated by the Lithuanian-American community major function which is eagerly anticipated by where the crew was bunking and housed. 265 in Southeast Michigan on Sunday, February 8, many South Texans as well as our winter visi- sailors were dead or missing following the dis- at the Lithuanian Cultural Center in Southfield. tors. aster. I urge my colleagues to join me in honoring We are honored to recognize Mr. Alberto After an investigation by the U.S. Navy Lithuania's independence. Vazquez as the 34th Mexican citizen chosen Court of Inquiry, it was determined that a mine f by the Mr. Amigo Association. Mr. Vazquez had set off the explosions. While the court did was born in Guaymas, Sonora. He filmed 34 not speculate on who had set the mine, a ma- HONORING ALBERT NEDOFF, JR., movies with outstanding Mexican Stars such jority of Americans blamed it on the Spanish. A NATIONAL LEADER IN DRUG as Soler, Marga Lopez, and last year's recipi- The cry, ``Remember the Maine!'' echoed in ENFORCEMENT ent of Mr. Amigo, Angelica Maria. Mr. the streets of the nation and the halls of Con- Vazquez has recorded 108 records, many of gress. Two days after the report of the court HON. DEBBIE STABENOW them receiving gold and silver status, and list- of inquiry, Navy Secretary John Davis Long OF MICHIGAN ings on the top spots of the international ordered the peacetime white hulls of U.S. IN THE HOUSE OF REPRESENTATIVES record charts. He has received numerous ships overpainted in dull battle gray. Wednesday, February 11, 1998 awards and recognitions throughout Mexico, The U.S. flag still flies from the salvaged the United States and Latin America. mast of the Maine at Arlington National Ceme- Ms. STABENOW. Mr. Speaker, ``It is my Alberto Vazquez recently released his latest tery over the graves of the sailors and Marines honor to congratulate Albert Nedoff, Jr., who record ``Cosas de Alberto Vazquez,'' which in- whose bodies were recovered in 1911. The re- after nearly twenty-four years of service at the cludes such hits as ``Te he Prometido,'' ``Tus mains of the first 27 members of the crew re- Drug Enforcement Administration has been Ojos,'' ``Anoche me Enamore,'' and ``El Ultimo turned to the U.S. also rest at the Maine Me- appointed the Associate Director of the Chi- Beso.'' morial Plot in Key West, Florida. cago High Intensity Drug Trafficking Area Task Mr. Alberto Vazquez is a perfect recipient of The U.S.S. Battleship Maine and the people Force. the Mr. Amigo award. For he has, over the of Key West share an inexorable history. Dur- ``With this new position, Albert will work long period of his career, taken his unique ing her brief period of service the Maine would under the leadership of the U.S. Drug Czar, screen, television, and stage performances to visit Key West on two memorable occasions. Gen. Barry McCaffrey. numerous countries, including the United The destruction of the Maine and the tremen- ``Albert is a national leader in the area of States. A true ambassador of his country and dous loss of life shocked and deeply sad- drug enforcement, who has spent more than of his culture, he has been praised by numer- dened the people of Key West. The entire eight years in Detroit's DEA office. During his ous organizations for his unconditional com- community would mourn the dead sailors and tenure, he was instrumental in several high- mitment to improve mutual understanding and offer aide and comfort to survivors of the ex- profile cases, including the dismantling of the cooperation between Mexico and the United plosion. Shortly thereafter, the city would offer Chambers Family's control of Detroit's crack States. Mr. Alberto Vazquez should be recog- a portion of its cemetery as a final resting cocaine market and the case that resulted in nized for both his artistic ability and his con- place for the 27 dead sailors that arrived from the arrest and conviction of Toni Cato Riggs, tribution to his commitment to bicultural rela- Havana. the widow of Gulf War Veteran Anthony Riggs. tions between the two nations. This weekend America will join the U.S. Bat- ``The 1990 murder of Anthony Riggs drew Mr. Amigo, Mr. Alberto Vazquez, will receive tleship Maine Centennial Commission in Key national attention when he was gunned down the red-carpet treatment when he visits February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E143 Brownsville as the city's honored guest during history of our Revolution than any other house AGRICULTURE EXPORTS AND the upcoming Mr. Amigo celebration. During in America. It is no wonder that Morristown is TRADE AGREEMENT his stay on the border, he will make personal considered the Military Capital of the Revolu- appearances in parades and other festival tion. HON. THOMAS W. EWING events. Official ``welcome'' receptions will be Nearly a century later, the Washington As- OF ILLINOIS staged by organizations in Cameron County, sociation of New Jersey was founded in Mor- IN THE HOUSE OF REPRESENTATIVES Texas, and the cities of Brownsville, Texas, ristown in June of 1873, in order to save the Wednesday, February 11, 1998 and Matamoros, Tamaulipas, Mexico. Ford Mansion as it was offered for sale by the Mr. EWING. Mr. Speaker, I rise today to in- I ask my colleagues to join me in extending heirs of Colonel Ford's grandson, the Honor- congratulations to Mr. Alberto Vazquez for troduce a concurrent resolution regarding able Henry Ford. Four New Jersey gentlemen, trade between the U.S. and the European being honored with this special award. former Governor Theodore F. Randolph, Wil- f Union. Recent news reports indicate that the liam Van Vleck Lidgerwood of Morristown, and Administration may be considering concluding THE WASHINGTON ASSOCIATION George A. Halsey and General Norris Halsted a trade agreement with the EU that would not OF NEW JERSEY: 125 YEARS OF of Newark, were responsible for leading this include agriculture. Given the difficulties that HONORING THE MEMORY OF great effort. The Association was chartered by American agricultural exports face in gaining GENERAL GEORGE WASHINGTON an act of the New Jersey State Legislature on access to the EU market, it is unthinkable that AND THE REVOLUTIONARY WAR March 20, 1874 as a stock-granting corpora- any cross-sector agreement with the EU would IN NEW JERSEY tion in New Jersey. exclude agriculture. This resolution calls on The Association maintained the Ford Man- the Administration to actively pursue eliminat- HON. RODNEY P. FRELINGHUYSEN sion in Morristown until 1933, and in the proc- ing tariff and non-tariff barriers imposed by the EU on U.S. agricultural exports. This resolu- OF NEW JERSEY ess accumulated a remarkable collection of Revolutionary War memorabilia. Through the tion also cautions the Administration against IN THE HOUSE OF REPRESENTATIVES influence of the Washington Association, engaging in trade negotiations that might un- Wednesday, February 11, 1998 Mayor Clyde Potts of Morristown and Mr. dermine the ability of the United States to Mr. FRELINGHUYSEN. Mr. Speaker, today Lloyd Waddell Smith, member and sometime have a level playing field for American produc- I rise to recognize and pay tribute to the president of the Association, the Ford Mansion ers. Washington Association of New Jersey. As the was donated to the Federal government on American agriculture is more than twice as keepers of the Ford Mansion, also known as March 2, 1933, creating Morristown National reliant on exports as the overall economy, and Washington's Headquarters, and the guard- Historic Park, the nation's first historic park. thus the American farmer is hurt the most by ians of Morristown National Historical Park, Also included in the park were Fort Nonsense unfair barriers to market access. This is espe- the support of the Washington Association and in Morristown and certain parcels of land in cially true with the European Union, where its members has been extraordinary. This Jockey Hollow where the troops were en- barriers to U.S. agriculture products remains year, the Association celebrates its 125th year camped during the horrible winter of 1779±80. the most vexing problem in our commercial re- lationship. The EU has shown relatively little of service to honoring the memory of George Today, the Washington Association of New progress in liberalizing trade in agriculture be- Washington and preserving Washington's Jersey supports Morristown National Historic tween our two markets. The EU has failed to Headquarters and the park's historical sites for Park by acquiring rare books and manuscripts comply with a WTO ruling which overturned future generations. pertaining to the Revolution or George Wash- an EU ban on hormone-treated beef from the The Ford Mansion, built in Morristown be- ington, contributing financially to the park and, U.S. The EU has failed to implement the bilat- tween 1772±74, was the home of Colonel by Federal statute, is the official consultant to eral agreement on veterinary equivalence Jacob Ford, Jr., a landowner, iron manufac- the National Park Service in Morristown. The standards and EU subsidies continue to distort turer and ardent patriot of Morris County. As Association also acts as an advocate for the market prices. U.S. farmers are the most effi- Colonel of the Eastern Battalion of New Jer- park when the property is threatened by any cient and productive in the world and they de- sey's militia forces, Jacob Ford participated in inappropriate development. the first Battle of Springfield. However, shortly serve our every effort to pry open foreign mar- In 1998±99, the Washington Association of thereafter, he fell ill with pneumonia and died kets and tear down unfair barriers to market New Jersey will be celebrating the 125th anni- on January 10, 1777. Even so, Colonel Ford's access. versary of its foundation and incorporation. widow, Theodosia, who was left with five chil- Mr. Speaker, if U.S. agriculture exports are Planned activities include updating and reprint- dren, offered the mansion to General George to continue growing at the present rate, the ing ``A Certain Splendid House'' (the history of Washington to use as his headquarters during U.S. government needs to be more aggressive the Ford Mansion), publication of a scholarly the very harsh winters of 1777 and 1779±80 in eliminating barriers to trade around the catalog on ``War Comes to Morristown'', the in New Jersey. Unlike the areas of New Jer- world. I urge my colleagues to cosponsor this new, permanent exhibit at Washington's Head- sey nearer to New York City, Morristown had resolution. quarters Museum, a lecture series which will fewer loyalists and its surrounding hills pro- f bring distinguished scholars into Morristown, vided natural defenses for a winter refuge and the eventual expansion of Washington's PERSONAL EXPLANATION where the next summer campaign could be Headquarters Museum so that more of the planned. In addition, the Continental Army and 400,000 items in the collections at Morristown HON. ROBERT B. ADERHOLT various militias could be maneuvered quickly can be properly exhibited. OF ALABAMA to either Manhattan or Philadelphia from their IN THE HOUSE OF REPRESENTATIVES primitive and difficult encampment at Jockey Although the mansion is now part of a Na- Wednesday, February 11, 1998 Hollow. tional Historic Park, the Association's work is In this grand home, Washington, along with appreciated most by the residents of Morris Mr. ADERHOLT. Mr. Speaker, last week on his aide-de-camp Alexander Hamilton, would County. Washington's Headquarters, as it is February 4th during Roll Call Vote No. 7, on lay out the strategy for much of the Revolu- called by most, is the Town of Morristown's H.J. Res. 107, I was unavoidably detained. tion's greatest campaigns. At a tall secretary common denominator. It is what the people of Had I been present, I would have voted Yes. desk, which still graces the mansion, Wash- Morristown identify themselves with, what they I ask unanimous consent that the record re- ington penned some of the most important let- remember most when they leave and the first flect this. ters of the Revolution. Some of the greatest thing they want to see when they return. It is f heroes of the war, including the Marquis de our public treasure and the Washington Asso- ciation of New Jersey is its entrusted guard- MEL McLEAN: EXAMPLE OF THE Lafayette, General Schuyler, General Greene, AMERICAN DREAM General Knox, and even the infamous traitor ian. General Benedict Arnold, walked through the So, Mr. Speaker, I ask my colleagues to join Ford Mansion's front door and graced Martha me as I salute the Washington Association of HON. FRANK RIGGS OF CALIFORNIA Washington's wartime dining room with their New Jersey on the occasion of their 125th an- IN THE HOUSE OF REPRESENTATIVES conversations about victory, defeat and the niversary and for their great work in preserving battles yet to come. It has been said that our nation's first National Historic Park, the Wednesday, February 11, 1998 under the Ford Mansion's roof have been memory of our nation's greatest citizen and Mr. RIGGS. Mr. Speaker, I call the attention gathered more figures known to the military Morristown's most famous and dearest house. of my colleagues to Mel McLean of Humboldt E144 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 County, California. Described as a moral, car- 1989, the McLeans took another step in look- Jewish Museum in New York through March ing and generous man by residents in the ing out for their employees when they set up 29, as well as The Varian Fry Celebration, community of Fortuna and the Northern Cali- an Employee Stock Ownership Plan. Under which will be on display at the San Francisco fornia County of Humboldt, Mr. McLean is an the plan, the employees will eventually own Main Library after March 8. example of the American Dream. the company. [From the New Republic, Feb. 9, 1998] Mel McLean still greets visitors with a twin- Mel McLean wants to improve the quality of A REAL AND UNLIKELY HERO—HOMAGE TO kle in his eye and a firm handshake, despite life for all residents of the Eel River Valley. He VARIAN FRY a stroke that limited his speech 11 years ago. has made, and continues to make, generous (By Alfred Kazin) That's appropriate for a man who, for many donations to local groups, schools and organi- The Armistice with Nazi Germany that years, sealed important deals with little more zations. He always treats his employees fairly France had to sign in June 1940 contained a than a handshake. and the respect between him and the workers clause, Article XIX, obliging the French Though he is known locally as a philan- is evident whenever McLean tours the plant. Government to ‘‘surrender upon demand all thropist, Mel got where he is today by hard He always lets each man know he is important Germans named by the German government work, despite setbacks along the way. He and leaves the impression that the entire staff in France, as well as in French possessions, started his career in logging more than 50 is his extended family. colonies, Protectorate Territories, and Man- years ago with various jobs in the woods. In On February the 12th, 1998, Mel McLean dates.’’ ‘‘Germans’’ originally meant all in- habitants of the greater German Reich—Ger- 1938, he and a partner contracted to run a tie will be honored and named to the Republican mans, Austrians, Czechs, and many Poles— mill just following his marriage in 1937 to Hall of Fame in the Humboldt as a devoted but by 1940 it meant every political opponent Grace, his close friend and companion for advocate of Conservative causes. The honor whom the Nazis wanted to get their hands over 50 years before her death in 1989. is well deserved for his generous and fair spir- on. There were American relief organizations The young couple struggled through the De- it. We wish him many years of continued and in France sponsored by the YMCA, the Uni- pression, even hauling away logs discarded by rewarding accomplishments. tarians, and the Quakers. But a group of the loggers. They peeled the bark off by hand f American liberals, outraged by the Nazis’ and sold it for 35 cents a truckload. Beans open violation of the right of asylum, formed the Emergency Rescue Committee to bring and potatoes were their supper most nights. HOMAGE TO VARIAN FRY, A REAL AND UNLIKELY HERO political and intellectual refugees out of In 1946, Mel and another partner became France before the Gestapo and the Italian involved in the grocery business, a venture and Spanish Fascist police caught them in that grew to include four stores. Two years HON. TOM LANTOS what their rescuer Varian Fry was to call later he moved his timber business to Hum- OF CALIFORNIA ‘‘the most gigantic man-trap in history.’’ boldt County and formed a partnership named IN THE HOUSE OF REPRESENTATIVES The volunteer (there were not many) whom the Committee chose to direct this effort Lindsey Lumber Company. They bought the Wednesday, February 11, 1998 East family sawmill and the logging operation from Marseille was Varian Fry, a 32-year-old Harvard-trained classicist perfectly at home at the Bar W Ranch near Bridgeville, hiring 15 Mr. LANTOS. Mr. Speaker, Varian Fry was one of the greatest, albeit one of the most un- in Europe. Indeed, on the surface, with his men. elegant name and his precise manner, he In 1950, a fire destroyed the mill, so they recognized, American heroes of the twentieth may have seemed just a little too refined. moved to McCann. The company grew to own century. As a young relief worker in Vichy With his classmate Lincoln Kirstein, he had 10 tie and stud mills, and built a planing mill France during the early years of World War II, founded the pioneer journal of modernism at McCann. The planing mill was destroyed in he responded to the onslaught of Nazi perse- The Hound and Horn. When I met him at The the 1955 flood, but they rebuilt it and contin- cution with a degree of bravery which stands New Republic after the war, he liked, on our ued operations. In 1958, he and his partner out even when compared to the courage of many walks, a little affectedly, to show off the little dogtricks that he had taught his bought another sawmill just north of Rio Dell. other noble men and women who resisted German oppression. Fry led a small group of French poodle Clovis, whom he had named This was the beginning of Eel River Sawmills. after the ancient king of the Franks. But To keep an eye on his diverse interests, Mel American liberals in creating the Emergency Varian was at heart so pure and intense a became a pilot. His wife, Grace, usually ac- Rescue Committee (ERC), an organization democratic conscience that he could not companied him on these trips. The couple en- dedicated to using every means at its disposal bear the lingering Popular Front senti- joyed visiting other countries, but their hearts to help political and intellectual refugees es- mentality about Stalin on The New Republic; were with the people of the Eel River Valley. cape from Nazi-dominated France. The ERC and he resigned from the magazine in 1945, Mel McLean believes strongly in seeing that operated for two years, from the fall of France just before Henry Wallace took it over. residents of the Eel River Valley have jobs. He in 1940 until its offices were forcibly shut down In fact, for thirteen months in France, in 1942, and its work saved the lives of at Varian was our own Scarlet Pimpernel. He has proved that several times by rebuilding in- was endlessly bold and resourceful in the al- stead of just walking away from the disaster. least 2,000 talented scholars, artists and lead- ways correct manner that was natural to When fire destroyed two-thirds of the mill in ers, including such cultural luminaries as Marc him. And he was forced to leave France be- 1961, he rebuilt immediately, using the sawmill Chagall, Hannah Arendt and Max Ernst. Fry's cause his labors on behalf of Jews and politi- employees in the reconstruction so that not actions led to the founding of the International cal refugees had enraged both Vichy’s pro- one man lost his job. Rescue Committee after the war. Fascist bureaucrats and reactionary Amer- The company incorporated in 1963 and built Varian Fry's lifesaving efforts are all the ican consular officials. Varian was one of the a new planing mill. It had about 90 employees, more remarkable in light of fierce opposition great civilian heroes of the war. In the face not only from the pro-Fascist Vichy govern- of the most maddening bureaucratic slights, up from 33 in 1961. The following year was a delays, and hostilities presented by Vichy good one and saw the addition of a new ment, but also from resentful American con- France, Franco’s Spain, and the American debarker and a new chipper plant. Then came sular officials. As a result of this antagonism, consul in Marseille (he finally got the the Christmas flood of 1964. More than 8 mil- Fry's heroism went unrecognized in his life- French to expel Varian), my friend organized lion board feet of logs and 5 million feet of time. He died in obscurity over thirty years from a room in the Hotel Splendide the ram- lumber went down the river, along with most ago. shackle yet somehow effective organization of the mill. Varian Fry's contributions have been recog- that helped to get virtually 2,000 people to This gave them a choice, according to nized by Yad Vashem, Israel's memorial to the safety. Varian is the only American honored Holocaust, where he stands as the only Amer- as a ‘‘Righteous Gentile’’ at Yad Vashem, Grace McLean in a 1989 interview. ``It was ei- Israel’s memorial to the Holocaust. ther go down the road with a sack on our ican honored as a ``Righteous Gentile.'' Mr. Surrender on Demand, Varian’s wonderful back, or hard work and start it over again.'' Speaker, it is long past due for the American account of his noble adventure in France, his For Mel, the answer was clear. The men of government and the American people to pay ‘‘story of an experiment in democratic soli- the Eel River Valley deserved jobs, and he tribute to this heroic champion of human darity . . . of illegal work under the nose of would provide them. The company reopened rights. I would like to enter into the record a the Gestapo,’’ was first published without and had men back on the payroll in 3 to 5 touching and inspiring review of Fry's auto- much effect in 1945, and it has now been months. biography, Surrender on Demand, written for brought back into print in conjunction with the splendid exhibition ‘‘Assignment: Res- By 1979, the company had added mills in ``The New Republic'' by Alfred Kazin. I would cue, The Story of Varian Fry and the Emer- Redcrest and Alton. And in early 1987, the also like to invite my colleagues to attend As- gency Rescue Committee’’ at the Jewish Mu- company added the Fairhaven power plant on signment: Rescue, The Story of Varian Fry seum in New York. The museum has also en- the Samoa peninsula, utilizing waste products and the Emergency Rescue Committee, a closed in its press kit Varian’s essay ‘‘The from the mills to produce clean energy. In moving exhibit which will be featured at The Massacre of the Jews,’’ which appeared in February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E145 The New Republic’s issue of December 21, 1942. visas waiting for them at the Consulate. But money, to go down to the Spanish frontier Unlikely as this seems now, the anguish that there was now a general ban on exit visas. and cross over on foot. One of them gave Varian brought to the subject did not alto- The Werfels insisted on ordering up cham- Varian a map of the frontier, showing that gether interest people at the magazine (I had pagne as they went over their problem with they planned to cross along a cemetery wall just joined the staff), who were languishing Varian. He had just arrived and he hadn’t yet at Cerbe`re. They knew where to avoid the for the New Deal that Roosevelt had dis- found out what the possibilities were. The French border control. You were not to go carded in wartime. ‘‘That such things could Werfels had heard of refugees going down to farther into Spain until you got the Spanish be done by contemporary western Europeans, the Spanish frontier and getting over safely, entrada stamp on your passport. The Span- heirs of the humanist tradition, seems hard- but they didn’t know if those lucky souls had iards were interested only in Spanish transit ly possible’’: only Varian, hardly innocent reached Lisbon for passage to America. Most visas and, above all, in money. but obstinately virtuous, would have written of them had probably been arrested in Spain Refugees who hadn’t yet received Amer- that sentence. He ended his article by de- and handed over to the Gestapo. There was ican visas were taking Chinese or Siamese manding ‘‘a little thing, but at the same also the risk of being arrested for travelling visas and getting Portuguese transit visas on time a big thing’’—that the United States without permission. It was all very confus- almost any identification they possessed ‘‘offer asylum now, without delay or red ing. What were they to do? They finally got which seemed to promise that the holder tape, to those few fortunate enough to es- away, at first encumbering their saviors would go on from Portugal. The first dif- cape from the Aryan paradise.’’ with twelve suitcase. But Alma made it into ficulty was getting into Marseille, that is, In Berlin on July 15, 1935, Varian had seen Spain on foot, Mahler, manuscripts in her past the police control for passengers arriv- Hitler’s troppers attack Jews in ‘‘the first pack. ing by train. You could avoid the police only pogoam.’’ On November 9, 1938, Nazi leaders The American Federation of Labor had by going into the station restaurant through had openly encouraged the burning of syna- succeeded in persuading the State Depart- a service corridor to the Hotel Terminus. gogues, the pillage of Jewish homes, and the ment to grant emergency visas to a long list There were risks. Foreigners weren’t sup- murder of their inhabitants. ‘‘Injecting air- of European labor leaders, and it had dis- posed to travel in France without safe con- bubbles into the bloodstream,’’ Varian ob- patched Frank Bohn to help them with the ducts issued by the military authorities. Any served in his NEW REPUBLIC article in 1942, escape. Bohn, a hearty extrovert who talked foreigner caught traveling without such a ‘‘is cheap, clean, and efficient, producing like ‘‘an itinerant revivalist,’’ was one of the safe conduct was likely to be sent to a con- clots, embolisms, and death within a few two or three Americans in France prepared centration camp, where his future was uncer- hours . . .’’ to help Varian. Through Bohn he met a tain, and where the Gestapo could get him if ‘‘Even though Hitler may lose this war, he young German social democrat named Albert he was wanted. may win it anyway, at least, as far as Europe Hirschman, a political refugee who was The Nazis were dreaded, the French were is concerned. . . . The Christian churches ‘‘very intelligent and eternally good-natured corrupt and brutal, the American consular might also help . . . the Pope by threatening and cheerful,’’ who joined his staff. ‘‘I began officials were difficult and nasty. So difficult with excommunication all Catholics who in to call him Beamish,’’ Varian wrote, ‘‘be- and nasty, indeed, that they became Varian’s any way participate in these frightful cause of his impish eyes and perennial pout, particular antagonists. In a short preface to crimes. . . . There is a report, which I have which would turn into a broad grin in an in- Surrender on Demand, ex-Secretary of State not been able to verify, that the Office of stant.’’ Staff conferences were held in the Warren Christopher writes of Varian that War Information has banned mention of the bathroom, where Varian turned on the fau- ‘‘regretfully, during his lifetime, his heroic massacres in its shortwave broadcasts. . . . cets to create a deafening rush of water. actions never received the support they de- The fact that the Nazis do not commit their Another invaluable aide was ‘‘vivacious served from the United States government, massacres in Western Europe, but transport and ebullient’’ Lena Fishman, who had particularly the State Department.’’ That is their victims to the East before destroying worked in the Paris office of the joint Dis- putting it mildly. Varian’s book is too taken them, is certain proof that they fear the ef- tribution Committee, was competent in up with the many people he saved (and the fect on the local populations of the news of English, French, German, Russian, Polish, many more he couldn’t save) to relate how their crimes. and Spanish, and was especially useful in Assistant Secretary of State Breckenridge Despite the fact that the urgency of the calming the excited. ‘‘Il ne faut pas Long managed to keep immigration quotas situation has never been greater, immigra- exage´rer,’’ she used to say. (Lena had her unfilled when thousands of refugees were tion into the United States in the year 1942 own way of talking. When I first met her, she desperate to get into America. will have been less than ten percent of what asked me who my publisher was. I told her, When a member of Varian’s staff named it has been in ‘normal’ years before Hitler, but the name obviously meant nothing to Danny was arrested, and Vichy’s Ministry of when some of the largest quotas were not her. ‘‘Je n’ai jamais couche´ avec,’’ she said.) Finance intimated that Danny would be let filled. There have been bureaucratic delays Most of the refugees whose names had been off with a fine if the American Embassy in- in visa procedure which have literally con- given to Varian in New York were still miss- tervened, Varian had no hope that this would demned to death many stalwart democrats.’’ ing. Nobody knew where they were or what happen. He was aware of the Embassy’s hos- This was the man who had gone to had become of them. But refugees started tility to ‘‘aliens.’’ To his surprise, he was Marseille two years before with just $3,000 coming to Varian’s room at the Splendide as able ‘‘to touch something very deep in the from patrons of the Emergency Rescue Com- soon as word went out. American consul at Marseille, who helped mittee, only to find himself initially frus- ‘‘Many of them had been through hell; get Danny off.’’ This was astounding. Harry trated by the delusions of some VIPs whom their nerves were shattered and their cour- Bingham, son of Hiram Bingham, the former he had come to rescue. Rudolph Breitscheid, age was gone. Many had been herded into governor of Connecticut and United States the leader of the Social Democratic bloc in concentration camps at the outbreak of the senator, had been a humane, helpful figure as the Reichstag, openly frequented a sidewalk war, then released, then interned again when head of the visa section at the Marseille Con- cafe with Rudolph Hilferding, formerly Ger- the Germans began their great offensive in sulate. But he was recalled, and his succes- man Minister to France. He boasted that May. In the concentration camps they had sor, Varian wrote, ‘‘seemed to delight in Hitler would ‘‘never dare’’ to arrest him. He waited fearfully while the Wehrmacht drew making autocratic decisions and refusing as was wrong. He was nabbed and never heard nearer and nearer. It was often literally at many visas as he could.’’ from again. Giuseppe Modigliani, the head of the last moment that they had had a chance Varian sought a visa for Largo Caballero, the Italian Socialist Party and a Jew (and to save themselves. Then they had joined the the Socialist prime minister of Republican the brother of the painter), was easy to spot. great exodus to the south, sometimes walk- Spain when Franco launched the Civil War. He insisted on wearing in all weather a fur ing hundreds of miles to get away from the The Consul had never heard of him, and coat, a gift from the Garment Workers Union Nazis. . . . when he was finally informed who Caballero in New York, and he adamantly refused to Nor was it only the refugees from Germany was, he said: ‘‘Oh, one of those Reds.’’ Varian shave his beard, ‘‘I’ve always worn it.’’ and Austria who were worried. Luis Compa- explained that Caballero had resigned the Franz Werfel and his wife Alma were at the nys, the Catalan trade-union leader, had premiership rather than continue to cooper- Hotel du Louvre et de la Paix, in hiding been picked up by the Nazis in Belgium or ate with the Communists. ‘‘Well,’’ the Vice- under the name of Mrs. Werfel’s former hus- the occupied part of France and sent down to Consul said, ‘‘it doesn’t make any difference band Gustav Mahler, who had died in 1911. Spain, where he was promptly garroted. And to me what his politics are. If he has any po- Werfel looked ‘‘exactly like his photographs: the French police were treating foreigners litical views at all, we don’t want him. We large, dumpy, and pallid, like a half-filled with a combination of muddle and brutality don’t want any agitators in the United sack of flour. His hair was thin on top and which left very few of them with any desire States. We’ve got too many already.’’ The too long on the sides. He was wearing a silk to stay in France longer than they had to.’’ court at Aix had refused to grant Caballero’s dressing gown and soft slippers and was sit- In big cities such as Marseille, the large extradition to Spain. If he could get him an ting all over a small gilt chair.’’ The Werfels and constantly changing refugee population American visa, Varian thought, he might be had fled from Paris to Lourdes, where they kept the police nervous, and occasionally able to smuggle him to Casablanca and there had sought the protection of the Church. stirred them to mass arrests called rafles. put him on a boat for America. Caballero re- Werfel, a jew, had begun The Song of Berna- Fortunately for Varian, the first to come to mained a prisoner of the Nazis until the end dette. When they realized that they would the Splendide were young and vigorous Ger- of the war. never be able to leave France from Lourdes, man and Austrian Socialists who were not Both the Vichy French and the American they came to Marseille to get the American afraid, once Varian gave them American Embassy now sought to get Varian out of E146 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 France. The Gestapo was bringing pressure the surrounding communities to the point that honor, I want to share with my colleagues and on the French police to arrest him imme- Chitimacha is the biggest employer in the par- others throughout the nation some important diately. A high police official informed him ishÐaside from government. information concerning the late Mr. Kaufman. that ‘‘you have caused my good friend the But is was not only jobs and economic Ben Kaufman was one of the finest printers Consul-General of the United States much annoyance. . . . Unless you leave France of growth that Chairman Darden accomplished throughout the Greater Cleveland area. It was your own free will, I shall be obliged to ar- for the Chitimacha and southern Louisiana. He a trade that he learned at an early age and rest you and place you in re´sidence force´e in was committed to seeing that every devoted his life to perfecting. He was born and some small town far from Marseille, where Chitimacha child got a college education if reared in Cleveland. Upon his graduation with you can do no harm.’’ As Varian got up to they so desired and thus he helped underwrite honors from South High School, and armed go, he asked the official, ‘‘Tell me frankly, their college scholarship program. He had with his printer's union card, he began working why are you so much opposed to me?’’ ‘‘Be- served as President of the Chitimacha tribal in various print shops. His employers included cause you have protected Jews and anti- school board and as a board member of the the Plain Dealer, the Cleveland News, and the Nazis.’’ United South and Eastern Tribes. And he real- Cleveland Shopping News. Varian played for time. He had no assur- In 1951, Ben Kaufman became a partner in ance of a replacement, and his staff was ized that the tribe had to diversify its economic afraid that their ‘‘relief’’ organization would interests and invest in land purchases and Brothers Printing. Eight years later, he be- collapse if he was forced out of France. And other industries for long term security. Already came the sole owner of the business. Those finally he was. The Embassy had refused to the tribe had one of the finest restaurants in of us who came to know Ben Kaufman reissue his passport unless he agreed to leave south Louisiana named for the tribe's oldest learned that although he owned the print shop, at once. The organization sent out nearly 300 living member, Mr. Lester. Chairman Darden he was one of its best workers. He often people between the time he left in August looked out for the long term interests of his worked long hours, arriving before sunrise 1941 and the time it was raided and closed by each morning and working late in the evening. the police, on June 2, 1942. people. And he made his tribe one of the most respected ``model'' tribes in the country. Throughout his career, Mr. Kaufman took Varian returned to the States, wrote his pride in the fact that he retained his union book, and quit The New Republic in protest Chitimacha Chairman Darden had earlier against the pro-Soviet sentiments of its edi- worked for the current Governor Mike Foster membership. Individuals who ran for public of- tors. His last years were unhappy. His first and they remained good friends. fice, regardless of party affiliation, utilized his wife died, and he was separated from his sec- That he was widely respected and appre- print shop. In fact, I recall that it was not un- ond. He moved to Connecticut, taught Latin ciated by the tribal members and by the sur- usual to encounter your political opponent at a local school, and died in 1967. During his rounding community members was evidenced while visiting Brothers Printing. My brother, the thirteen months in France, Varian’s organi- at his funeral attended by about 1,000 people. late Ambassador Carl B. Stokes, and I could zation offered assistance to 4,000 people, and always depend upon Ben Kaufman for printing between 1,200 to 1,800 of those people made it His sons gave moving tributes to their father and a young girl sang the ``Colors of the advice and political advice as well. to safety. Varian’s organization saved Brit- Mr. Speaker, Ben Kaufman was also an in- ish soldiers and pilots, Marc Chagall, Wind'' song from the movie Pocahontas. Jacques Lipchitz, Andre´ Breton, Max Ernst, I cannot improve on the tribute poem written dividual who cared about the community. He Andre´ Masson, Hans Namuth, Hannah by another notable Indian Howard Rainer ``To was affectionately known as the ``Mayor of Eu- Arendt, Wanda Landowska, Marcel A Dear Friend'': clid Avenue'' for his commitment to maintain- Duchamp, Randolfo Pacciardi (leader of ing the neighborhood. Other merchants and ‘‘Who was this leader among Chitimachas? Italian exiles fighting in the Spanish Civil Whose visions for his people went beyond the residents of Euclid Avenue looked forward to War), the German poet Hans Sahl, Victor eyes of many? the American flags which would line the Serge, Max Ascoli, the pianist Heinz Jolles, A man who shared his example that others streets on various holidays. We also recall that the Catholic writer Edgar Alexander- might succeed. he would plant trees along Euclid Avenue in Emmerich, the psychiatrist Dr. Bruno A Chitimacha who gave of his time for the Strauss, the German art critic Paul order to beautify the neighborhood. cause of his tribe. Westheim, the Sicilian novelist Giuseppe Ben Kaufman was proud of the fact that his A man who prayed for goodness to prevail to Garetto, the Surrealist poet Benjamin Pe´ret, sons, Jay and David, followed in his footsteps the prevail to the next generation. the former liberal Prime Minister of Prussia and continue to operate Brothers Printing. I A leader whose heart heard the woes of Otto Klepper, the museum director Charles have enjoyed a close friendship with the Kauf- many, and extended his hand to go on. Stirling, the novelist Jean Malaquais. There Who was Ralph Darden? man family and I extend my deepest sympathy were many, many more. Chagall would not A mortal who gave that others might re- to Jay and David upon the loss of a devoted leave until he was assured there were cows in ceive, father. I also want to express my sympathy to America. A husband cherished by his wife, Ben's wife of 48 years, Dotty; his daughters, Varian rescued also many people who were A father admired, not famous, not distinguished, not artistic. Rosean and Laura; his grandchildren and A light to those who now shed their tears, And how it burned him that there were other members of the family. Ben Kaufman May the Great Creator God Hear my prayer, many, many more he was unable to rescue. will be remembered as an outstanding busi- I thank Him for my brother, This man really cared. nessman, a loving husband and father, and a Who shared his love and friendship, a gift I f shall cherish, until we meet again!’’ very special friend to all who knew him. He will never be forgotten. Mr. Speaker, I knew Chairman Darden. TRIBUTE TO A GREAT LEADER, f CHITIMACHA CHAIRMAN RALPH I want to extend my personal condolences DARDEN to Chairman Darden's family and to the TRIBUTE TO HOSPICE Chitimacha and surrounding communities, and pay my personal tribute for his many achieve- HON. ALLEN BOYD HON. W.J. (BILLY) TAUZIN ments. His death is a big loss for all of us. OF FLORIDA OF LOUISIANA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES NOTING THE PASSING OF BER- Wednesday, February 11, 1998 Wednesday, February 11, 1998 NARD ‘BEN’ KAUFMAN AN OUT- Mr. BOYD. Mr. Speaker, while November Mr. TAUZIN. Mr. Speaker, we have recently STANDING BUSINESSMAN was National Hospice Month, I would like to lost an important leader who made a signifi- take a moment now that the busy holiday sea- cant difference in the lives of many people in HON. LOUIS STOKES son is over to recognize and thank several of southern Louisiana. The Chitimacha Indian OF OHIO the hospices which serve the communities in tribe Chairman Ralph Darden had his life cut IN THE HOUSE OF REPRESENTATIVES my district. Hospice of North Central Florida, short on January 8th by a car accident. Bay Medical Center Home Care and Florida Wednesday, February 11, 1998 Chairman Darden took the small and impov- Hospices, Inc., which is based in Tallahassee erished Chitimacha Indian tribe virtually from Mr. STOKES. Mr. Speaker, it is with great and serves all of Florida's hospices, make in- rags to riches in the decade he led the tribe. sadness that I announce the passing of Ber- valuable contributions to North Florida's fami- He believed in hard work and in the tribal nard ``Ben'' Kaufman, an outstanding member lies, all year round. members gaining self-reliance and not de- of the Cleveland business community. Mr. Hospice care involves a team of profes- pendency on the federal government. He Kaufman passed away on February 4, 1998. sionals, including physicians, nurses, thera- helped bring about a dramatic economic de- He was a good friend and an outstanding gen- pists, home care aides, counselors and volun- velopment for both the Chitimacha tribe and tleman whom I respected and admired. In his teers who help terminally ill patients and their February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E147 families share their final days at home in Dr. Mathis was deeply committed to his the audacity to repeatedly and peacefully pro- peace, comfort and dignity. These hospice country and the City of Pasadena. He served test the SOA while the SOA's graduates out- caregivers help patients, as well as their family as a qualified flight surgeon for the U.S. Air rageous conduct remains unpunished. members, with one of the toughest transitions Force in France from 1957±1959 with the 50th Sister Rita Steinhagen is a non-threatening in life. The hospice program, primarily based TAC Wing F±100 Jet Fighter Bombers. His woman. A dedicated Sister who is respected in the home, treats the person, not the dis- civic activities included service as a board and admired by her colleagues and friends. ease; focuses on the family, not the individual; member of the Southwest Diabetic Foundation Upon returning from her startling court sen- and emphasizes the qualify of life. Hospice and the American Heart Association, and he tence in Georgia, she was greeted by friends care ensures that the patient's life is as fulfill- received the Paul Harris Award form the Pasa- and supporters at Minneapolis-St. Paul Inter- ing and satisfying as possible, right up to the dena Rotary Club. He traveled widely and national Airport clapping and singing, ``When last moment. spread the word about Pasadena wherever he the Saints Go Marching In.'' Last November, I was pleased to be person- went. His many interests included the ally invited by my friend Ron Wolf, to visit Bay Sister Rita's life has been illuminated by a Shriners, trains, classic cars, boats, and of commitment to social justice. Her experiences Medical Center and participate in a breakfast course Dutch Masters cigars. honoring the many volunteers who give of express no threat to society or harm to any Whatever he did, Dr. Mathis' intelligence, person. Rita Steinhagen grew up in Walker, their time to help North Florida's terminally ill compassion, and integrity served him and all patients and their families. Volunteers are the Minnesota, where like many heartland Min- those he encountered well. He brought a tire- nesotans, she enjoyed outdoor recreation and backbone of hospice care, and the multitude less energy, an unflagging drive, and a pas- of volunteer positions available in hospice care is a passionate fishing activist to this day. At sionate caring to each of his endeavors. the age of 23, she became a Sister of St. Jo- serve as an opportunity for community mem- Dr. Mathis was more than just a great physi- bers, old and young, to get involved in a serv- seph of Carondelet. She quickly acquired rec- cian; he was also a great Texan, a dedicated ognition as a Sister of St. Joseph, because of ice organization that provides critical care to citizen, devoted husband, father and grand- those in need. her outstanding service in health and social father. We offer our sincere condolences to work. Hospice care has played an important role his wife Gay, his children and grandchildren, in my life. Two years ago, I lost my father to and his entire family. We feel their loss as our Over these 47 years, Sister Rita has worked cancer. I do not know what my mother and my entire community mourns the passing of Dr. as a medical technologist. Her career is high- family would have done without the care that Kenneth Mathis. lighted by founding the Bridge, a shelter for our area hospice provided. The hospice al- f runaway youth, and The Free Store. More re- lowed my father to die at home, in dignity, sur- cently, she has been working with torture vic- rounded by the people who loved him. I want SISTER RITA STEINHAGEN tims at the Center for Victims of Torture in to thank the caregivers who helped my family Minneapolis, and of course her social con- through a very difficult time. My family and I HON. BRUCE F. VENTO science and active protests of such institutions will never forget their commitment and com- OF MINNESOTA as the SOA. passion. IN THE HOUSE OF REPRESENTATIVES All of her devoted life, she has stood as an f advocate for peace and human rights. She Wednesday, February 11, 1998 HONORING DR. KENNETH has frequently toured several Latin American Mr. VENTO. Mr. Speaker, I rise today to GERHART MATHIS, M.D. countries and has personally experienced the bring the plight of Sister Rita Steinhagen to graphic vista of horror. It was during these the attention of my Colleagues. Sister Rita, journeys that first led her to her involvement HON. KEN BENTSEN who has been serving the poor and the impov- and protests with the School of the Americas. OF TEXAS erished in Minnesota for decades, was among Over 600 arrests occurred on Sunday, No- IN THE HOUSE OF REPRESENTATIVES 22 people found guilty January 21, 1998 in a vember 16, 1997. Over 2000 people gathered Wednesday, February 11, 1998 Federal court in Georgia of trespassing at the at the main gate of Fort Benning, Georgia for Mr. BENTSEN. Mr. Speaker, I rise to honor U.S. Army's School of the Americas (SOA) at a prayer vigil and memorial service marking the memory of an extraordinary man, Dr. Ken- Fort Benning, Georgia. The court sentenced the eighth anniversary of the massacre of six neth Gerhart Mathis of Pasadena, TX, who her to six months in prison, and fined her Jesuit priests and two women in El Salvador passed away on Sunday, February 1, 1998. $3,000. (A substantial amount for someone liv- in 1989 by graduates of the U.S. Army School His passing is a tremendous loss for his family ing effectively with a vow of poverty for 47 of Americas. Over 60 people from Minnesota and all the citizens of Pasadena who knew years.) were among those arrested. These arrests at this fine physician and civic leader. The horrific history of the SOA today is in the SOA are the largest number of nonviolent ``Dr. Ken,'' as he was known, graduated focus. The SOA was established in 1946 to civil disobedience arrests at one time in the summa cum laude from Texas Christian Uni- train military officers from Latin American U.S. in over a decade. countries. To date, nearly 60,000 military per- versity in 1952, the University of Texas South- Mr. Speaker, this peaceful Minnesota sonnel from various Latin American countries western Medical School in 1955, and Bates woman who has devoted her life to alleviating have attended the SOA. Unfortunately, upon School of Law, where he won the Fred Parks social injustice, stated to the federal court returning to their home countries, many grad- Award in 1977. judge on the day of her sentence: Dr. Mathis is best known for his radio show, uates have instigated challenges to self-deter- KTRH's ``Ask the Doctor,'' which aired from mination and participated in the overthrow of ``Your Honor, I'm 70 years old today, and the mid-80's to October of 1990. HIs kind and democratically elected governments and have I've never been in prison, and I'm scared. I tell gentle manner was evident on and off the air been implicated in the broad abuses of human you, when decent people get put in jail for in his counsel to his many patients. He was rights. It is apparent that the SOA did not peaceful demonstration, I'm more scared of well-read and well-rounded and his colleagues teach its students proper and ethical conduct, what's going on in our country than I am of noted his phenomenal ability to communicate rather perverse lessons were learned, and his- going to prison.'' with his patients. He was a popular guest torically have been used to abuse the people Mr. Speaker, Sister Rita's words clearly speaker and often lectured nationwide on of Central and South America. demonstrate the irony of this case. We as many medical and legal topics. Recently declassified documents have re- members of Congress, have a responsibility to It was always clear that what mattered most vealed the profoundly anti-democratic methods uphold the law and ideals of social justice. We to Dr. Ken Mathis was the well-being of his used to train Latin American militaries at the must honor and respect the men and woman patients. In an era when the practice of medi- SOA. The Pentagon has released seven train- who have sacrificed their lives for the well cine is rapidly changing, he reminded many of ing manuals demonstrating that as recently as being of others and those willing to raise their an old-fashioned country doctor. He was al- 1992, the SOA was distributing materials voices to the contradiction within our system. ways available to patients who needed him which instructed the student trainees in execu- Justice will not be served by the imprisonment and often opened his clinic on weekends. Pa- tion, extortion, and torture. of Sister Rita Steinhagen. The core values of tients could go to his clinic rather than endure Sister Rita Steinhagen recalled the murders our society have been ill served by the tragic the uncertainty of waiting or the trauma of the and rape by soldiers initiated and led by the consequence of the SOA operation. emergency room. His patients respected him graduates of the SOA that have never been Enclosed for member's review is a recent for his compassion and capability and trusted punished. It is indeed ironic that people such Minnesota newspaper article concerning Sister him for his knowledge and expertise. as Sister Rita can be sent to prison for having Rita and the incident. E148 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 SISTER RITA GETS 6-MONTH SENTENCE—DO- has been working with torture victims at the fect, as most compromises are not, it was GOODER NUN AWAITS JAIL FOR PROTEST AT Center for Victims of Torture in Minneapo- something that Members with very different FORT BENNING lis. views could agree on. Doug Grow Through the years, she has been arrested The compromise allows only the develop- at several Twin Cities protests but never Sometime in the next few weeks, we are served jail time. She also has made frequent ment of test, not the implementation or the supposed to believe the country will become work-related trips to Latin American coun- distribution. It transfers the responsibility of a safer place because a 70-year-old woman, tries and has been horrified at what she has overseeing the tests to the National Assess- Sister Rita Steinhagen, will be whisked off seen and heard. It was the Latin American ment Governing Board (NAGB), the same or- our streets and hauled to a federal peniten- journeys that led her to the protest at the tiary to serve a six-month sentence. ganization that conducts the well-respected School of the Americas. Sister Rita, who has been serving the poor NAEP (National Assessment of Education This Minnesota woman who has devoted and downtrodden in Minneapolis for only a Progress) test. her life to quietly doing good, didn’t accept few decades, was among 22 people found The bill before us today flies in the face of her sentence in silence. guilty Wednesday in a federal court in Geor- ‘‘I told the judge: ‘Your honor, I’m 70 years that compromise. It adds no constructive ele- gia of trespassing at the U.S. Army’s School old today, and I’ve never been in prison, and ment to the debate that continues on whether of the Americas at Fort Benning in Georgia. I’m scared. I tell you, when decent people get we should move forward on a national test She not only was hit with the hard time, but put in jail for six months for peaceful dem- and whether the Congress is ready to author- with a $3,000 fine as well—a hefty sum when onstration, I’m more scared of what’s going ize such a measure. It seems more a political you’ve been living with a vow of poverty for on in our country than I am of going to pris- 47 years. maneuver to focus on areas of disagreement, on.’ ’’ rather than to move forward on the many Sister Rita was surprised by the sentence. The response of Judge Robert Elliot? ‘‘What did you expect?’’ I asked. ‘‘He didn’t say anything,’’ she said. ‘‘He items of mutual agreement in an education ‘‘I didn’t expect six months,’’ she said. couldn’t care less.’’ agenda for this country. ‘‘When you do the crime, you’re going to Now, she’s back in Minnesota waiting for This year the Congress must consider the get the time,’’ I said. the letter that will inform her where she’s reauthorization of NAGB and NAEP. It seems But Sister Rita says that’s not true. She supposed to go to serve her sentence. to me a more constructive approach would be talked of how people, allegedly taught at the ‘‘There’s no room,’’ she said of the delayed School of the Americas, have murdered and to consider in the context of this reauthoriza- sentence. ‘‘Isn’t that something. You have to tion whether to authorize a national testing raped in Latin American countries and never wait in line to go to prison.’’ served any time at all. Sister Rita and oth- This weekend, she planned to do her wait- system. The compromise forged in the Labor- ers of her ilk keep thinking that if U.S. citi- ing by going ice-fishing in northern Min- HHS-Education Appropriations bill will stand zens ever understand that their tax money is nesota. Rita the Repeater is going fishing be- while the Congress works on the NAGB and being spent to train despots, rapists and cause she needs the solitude—but beyond NAEP legislation. Why we need to take up this murderers, they will be outraged and demand that, she’ll be in prison when the spring legislation at this time, only a few legislative policy changes. opener rolls around. days since the passage of the Labor-HHS- To date, it’s not working out that way. So far, what’s happening is that people such as f Education compromise is puzzling. Therefore, I will vote against this bill today. Sister Rita are being sent to prison for hav- PROHIBITION ON FEDERALLY ing the audacity to peacefully protest and It is not constructive and it does nothing to fur- the rest of us are yawning. Anyway, the rea- SPONSORED NATIONAL TESTING ther the debate on national testing in this son Sister Rita and the others got hit with country. the prison sentences for their misdemeanor SPEECH OF f offenses in November is that they were re- HON. PATSY T. MINK peat offenders at Fort Benning. CONCERNING ATTORNEYS’ FEES, So, who is Rita the Repeater? OF HAWAII COSTS, AND SANCTIONS PAY- For starters, she really doesn’t look like a IN THE HOUSE OF REPRESENTATIVES ABLE BY THE WHITE HOUSE threat. She has white hair, a quick smile and Thursday, February 5, 1998 HEALTH CARE TASK FORCE a delightful sense of humor. For example, when she got off the plane at Minneapolis-St. The House in Committee of the Whole SPEECH OF Paul International Airport Thursday night House on the State of the Union had under after being sentenced in Georgia, she was consideration the bill (H.R. 2846) to prohibit HON. FORTNEY PETE STARK greeted by friends and supporters clapping spending Federal education funds on na- OF CALIFORNIA and singing, ‘‘When the Saints Go Marching tional testing without explicit and specific IN THE HOUSE OF REPRESENTATIVES In.’’ legislation: Sister Rita’s response to the greeting? Wednesday, February 4, 1998 Mrs. MINK of Hawaii. Mr. Chairman, today ‘‘I said: ‘This is peculiar. I got six months The House in Committee of the Whole in jail, and everybody’s clapping.’ ’’ I will vote against H.R. 2846, which seeks to prohibit the implementation of the national House on the State of the Union had under There’s little in her biography to suggest consideration the joint resolution (H.J. Res. that she’s a threat. She grew up in Walker, tests proposed by President Clinton. 107) expressing the sense of the Congress that Minn., learning to fish. (Her single most The debate on national testing is not a new the award of attorneys’ fees, costs, and sanc- prized possession is her fishing rod, which one. I remember these debates from the 60's tions of $285,864.78 ordered by United States she uses whenever she can.) She didn’t even and 70's and even more recently in the early District Judge Royce C. Lamberth on De- plan to become a nun. At 23, she went to 1990's. I opposed national testing then and I cember 18, 1997, should not be paid with tax- visit a friend who was becoming a nun and payer funds: discovered she felt comfortable. oppose it now. ‘‘Do you think I belong here?’’ she asked My vote today does not reflect a change in Mr. STARK. Mr. Chairman, February 4, the one of the sisters. my position on this issue, it is simply a state- House wasted an afternoon debating a totally ‘‘I certainly do,’’ was the response. ment that this bill is not needed at this time. meaningless ``sense of the Congress'' that the And so it was done. Rita Steinhagen was We know there is a wide difference of opinion taxpayer ``should'' not have to pay about on her way to becoming a Sister of St. Jo- on national testing and it does always fall $300,000 in lawyers' fees for a group which seph of Carondelet. Sister Ann Walton, who along party lines. In fact, the last major debate had sued the White House over the make-up is among the order’s leadership team, said on national testing in the Congress was in and secrecy of the long-defunct Health Care Sister Rita has represented the soul of the Sisters of St. Joseph. 1991 and 1992 over a Bush Administration ini- Task Force. ‘‘She is one of our finest,’’ Sister Ann said. tiative to implement a much broader national It was pure partisan bashing of the Clinton's ‘‘She’s in the pattern of the women [sisters] testing system than what is being proposed by health reform efforts. I repeatedly offered a in the French Revolution who were impris- President Clinton. unanimous consent amendment (the par- oned for their beliefs. She’s in a very long When President Clinton offered his proposal liamentary rules of germaneness prevented a line of people who have given of them- for a national Reading test for the 4th grade regular amendment) to make the Resolution selves.’’ and a national Math test in the 8th grade, we real: to save the taxpayers from paying this Over the years, Sister Rita has worked as again embarked on this familiar debate. fine. Repeatedly the Republicans rejected the a medical technologist. In her career, she has founded a place called The Bridge, a shelter With very passionate arguments on each offer to do what they claimed their Resolution for runaway youth, and The Free Store. (The side of this issue, the CongressÐMembers of was ``trying'' to do. Free Store, founded by Sister Rita in 1968, the House and SenateÐworked very hard last All in all, their position on this Resolution still exists, though it no longer is affiliated year to craft a compromise in the Labor-HHS- was the most transparent political nonsense with the Sisters of St. Joseph.) Of late, she Education Appropriations bill. While not per- that the Congress has seen in years. February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E149 The following memo from the American Law tions that Judge Royce C. Lamberth ordered turned the award of attorneys’ fees in Asso- Division of the Library of Congress makes the the defendants to pay in Association of ciation of American Physicians and Surgeons, silliness of their Resolution clear: American Physicians and Surgeons, Inc., et Inc. v. Clinton, before a final appeal had been al. versus Hillary Rodham Clinton, et al., decided or the time in which to appeal had LIBRARY OF CONGRESS, should not be paid with taxpayer funds.’’ As run, would be constitutional. CONGRESSIONAL RESEARCH SERVICE, a sense of Congress expressed in a joint reso- The draft joint resolution, we reiterate, Washington, DC, February 4, 1998. lution, this proposal will have no legal effect does not purport to overturn the award of at- To: House Committee on the Judiciary. if it is enacted. If its language were intro- torneys’ fees; it would merely express the From: American Law Division. duced as a bill and enacted as a public law, sense of Congress that the government not Subject: Draft Joint Resolution Expressing the then its effect, provided it were upheld as pay the fee award, and does not express the Sense of Congress that the Award of Attor- constitutional, would be to preclude the sense of Congress that anyone else pay it. neys’ Fees in the Magaziner Case Not be United States from complying with the dis- f Paid With Taxpayer Funds. trict court’s order to pay the plaintiff its at- This memorandum is furnished in response torney’s fees. This hypothetical statute, by TAXPAYER REPAYMENT ACT OF to your request for an analysis of the above itself, would not require anyone to pay the 1998 draft joint resolution, which was prompted attorney’s fees, because, as EAJA permits by a recent federal district court decision. In fee awards only against the United States, Association of American Physicians and Sur- there would be no legal basis to assess the HON. ASA HUTCHINSON geons, Inc. v. Clinton, 1997 U.S. Dist. LEXIS fees against anyone else. OF ARKANSAS 20604 (D.D.C. Dec. 18, 1997), the plaintiffs sued An argument might be made, however, for an injunction declaring that the Presi- that this hypothetical statute would violate HON. ROY BLUNT dent’s Task Force on National Health Care the Takings Clause of the Fifth Amendment, OF MISSOURI Reform did ‘‘not qualify for an exemption which provides: ‘‘nor shall private property IN THE HOUSE OF REPRESENTATIVES from the Federal Advisory Committee Act be taken for public use, without just com- Wednesday, February 11, 1998 [FACA, 5 U.S.C. App. 2 §§ 1–15] as an advisory pensation.’’ The hypothetical statute argu- group composed solely of ‘full-time officers ably would deprive the plaintiff of its private Mr. HUTCHINSON. Mr. Speaker, my col- or employees’ of the government.’’ During property, in the form of a fee award that a league, Mr. BLUNT, and I, would like to point the litigation, Ira C. Magaziner, Senior Advi- court had ordered paid to it. However, Asso- out that over a year and a half ago, an historic sor to President Clinton, submitted a sworn ciation of American Physicians and Surgeons, agreement was reached under which lawsuits declaration that all working group members Inc. v. Clinton remains subject to appeal, and, brought by forty states against the tobacco in- were federal employees. The court found that if it were reversed on appeal, the plaintiff this declaration was false, and that ‘‘the would lose its entitlement to a fee award. dustry would be settled, the tobacco industry most outrageous conduct by the government See, Poelker v. Doe, 432 U.S. 519, 521 n.2 (1977). and regulation thereon would be restructured, in this case is what happened when it never Consequently this property may not be and underage smoking would be targeted for corrected or up-dated the Magaziner declara- ‘‘vested,’’ and, if the hypothetical statute reduction and eventual elimination. Today we tion.’’ Eventually, however, the government were to take effect prior to its vesting, then, are introducing legislation that guarantees that took action that amounted to what the court arguably, no unconstitutional taking would the estimated $386.5 billion to be paid by the called a ‘‘total capitulation.’’ occur. In Hammon v. United States, 786 F.2d 8, tobacco industry under this settlement will, in- The plaintiff then filed an application with 12 (1st Cir. 1986), the court of appeals wrote: deed, compensate states and individuals for the court for an award of attorneys’ fees; i.e., ‘‘No person has a vested interest in any rule it asked the court to order the government of law entitling him to insist that it remain smoking-related health costs and reduce rates to pay its attorneys’ fees. A federal court unchanged for his benefit.’’ [Citations omit- of teen smoking, rather then perpetuate the may not order the United States to pay the ted]. This is true after suit has been filed and cancerous growth of big government. attorneys’ fees of another party, unless a continues to be true until a final, The Taxpayer Repayment Act of 1998 man- statute authorizes it to do so. FACA con- unreviewable judgment is obtained. Chief dates that money collected by the federal gov- tains no such authorization. However, the Justice Marshall first announced that prin- ernment from any tobacco settlement be used Equal Access to Justice Act (EAJA) author- ciple in The Schooner Peggy, 5 U.S. (1 Cranch) to fund only those programs specifically au- izes awards of attorneys fees against the 103, 110, 2 L. Ed. 49 (1801). The Supreme Court thorized in federal legislation implementing United States in two instances. First, under held in that case that a court must apply the provisions of the national settlement. Any rev- 28 U.S.C. § 2412(b), it authorizes federal law in force at the time of its decision, even courts to order the United States, when it if it is hearing the case on appeal from a enue collected beyond what is spent on those acts in bad faith, to pay the attorneys’ fees judgment entered pursuant to prior law. specifically-authorized programsÐprograms of the prevailing party. Second, under 28 A caveat, however: the preceding quotation that include, but are not limited to youth anti- U.S.C. § 2412(d), it provides that, in any civil states only the majority view as to when smoking campaigns, Medicaid reimbursement, action (other than tort cases) brought by or ‘‘property’’ status attaches to a cause of ac- FDA regulatory reform, public health pro- against the United States, ‘‘a court shall tion. There is also case law supporting the grams, compensation to growers, and litigant award to a prevailing party other than the ‘‘contention that one has a vested property reimbursementÐwill be used to pay down the United States fees and other right in a cause of action once it has some- expenses ... unless the court finds that the how accrued. [Citations omitted] Those cases national debt and provide tax relief to all position of the United States was substan- are conceptually difficult to reconcile with Americans. tially justified or that special circumstances cases that hold that a plaintiff does not have Mr. Speaker, the American people have make an award unjust.’’ Under § 2412(d), but a vested property right in a claim unless been footing the bill for tobacco-related health not under § 2412(b), fees are capped at $125 per there is a final nonreviewable judgment.’’ costs for far too long. It is only fair that we en- hour, and only individuals whose net worth Jefferson Disposal Co. v. Parish of Jefferson, sure that this settlement will provide a guaran- did not exceed $2 million at the time the LA, 603 F. Supp. 1125, 1137 n.31 (E.D. La. 1985). tee that they will be reimbursed for their trou- civil action was filed, and organizations A cause of action accrues once the injury bles and not burdened with bigger govern- that gives rise to the cause of action has oc- whose net worth did not exceed $7 million ment. The Taxpayer Repayment Act will do and that had not more than 500 employees, curred. Therefore, those cases that find ac- may recover fees. crual sufficient for vesting would ipso facto this. It will help protect our nation's children In response to the plaintiff’s motion for an find a final lower court judgment sufficient from the ravages of smoking, but it will also award of attorneys’ fees, the court found for vesting. Other cases do not make clear protect American citizens against the equally that, prior to August 1994, the United States whether final judgments trigger property insidious cancer of bigger government and had acted in bad faith, and therefore was lia- status only once they are no longer review- heavier taxation. Mr. Speaker, this is a rea- ble for the plaintiff’s attorney’s fees for that able. For example, in O’Brien v. J.I. Kislak sonable and equitable bill, and we would urge period without regard to the $125 per hour Mortgage Corp., 934 F. Supp. 1348, 1362 (S.D. our colleagues to support it. cap. As to the subsequent period, the court Fla. 1996), the district court wrote: ‘‘Review- found that the plaintiff had prevailed, that it ing the relevant Eleventh Circuit case law, it HUTCHINSON-BLUNT TAXPAYER REPAYMENT was an organization with a new worth below appears clear that a mere legal claim affords ACT—SUMMARY $7 million and fewer than 500 employees, and no enforceable property right until a final The Taxpayer Repayment Act guarantees that the position of the United States, judgment has been obtained.’’ One might that if a global tobacco settlement is en- though taken in good faith, was not substan- argue that, even if mere accrual is not suffi- acted into law, health care, youth smoking tially justified. It therefore awarded fees for cient to trigger property status, and a final cessation, and other programs authorized by the subsequent period, subject to the cap. judgment is necessary, a nonreviewable judg- the implementing legislation may be fully The total award, for both periods, came to ment may not be necessary. Again, however, funded. At the same time, it ensures that $285,864.78. the majority view appears to be that a non- extra revenue is used to reimburse Ameri- The draft joint resolution expresses ‘‘the reviewable judgment is necessary. Con- cans for their expenditures on tobacco-relat- sense of the Congress that the award of sequently, it appears that the stronger argu- ed health care costs and not burden them $285,864.78 in attorneys’ fees, costs, and sanc- ment would be that a statute that over- with bigger government and higher taxes. E150 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 SECTION 1—RESTRICTION OF NEW PROGRAMS that ensures workers a voice in the economic marketing. Barriers have been dismantled. Prohibits money received by the federal architecture of the global economy, and that Technology’s miracles are turning our world government from a global tobacco settle- gives as much importance to the rights of into one neighborhood. ment or from any state settlement from But the turnoil affliction the Asian eco- labor as to the rights of capital, then nomics sounds a dramatic alarm. The ques- being used to create or maintain any new globalization will not work. We will continue to federal programs unless they are specifically tion now is not how to create the global mar- authorized by federal legislation implement- fight economic crisis after economic crisis. ket, but how to put sensible boundaries on ing the settlement. And in the end, it will not be the financial fires the market that already exists. How to make Prohibits tobacco settlement money from that burn usÐit will be the social and political the market work for the majority and not being used to expand currently-existing pro- flames that engulf us. simply for the few. In this new effort, labor grams unless such expansion is specifically There are steps to be taken. First, the and other democratic citizen movements will authorized in the terms of the federal legis- United States must speak out forcefully and at and must play a central role. lation implementing the settlement. Look around the world. Japan mired in re- every opportunity for the rights of workers. cession, Asia in crisis that China still faces. SECTION 2—USE OF EXCESS REVENUES Internationally recognized labor rights are not Russia plagued by a kind of primitive, gang- Directs revenues in excess of those used for onerous to observe. They are the core, basic ster capitalism, Europe stagnant. Africa programs specifically authorized in the human rights that the United States should largely written off by global investors, Latin terms of legislation implementing any por- promote and defend as the world's leading de- America adrift. tion of a global tobacco settlement toward The US is hailed as the great ‘‘model.’’ Our tax relief (1/3) and debt repayment (2/3). mocracy. Second, the United States must actively prosperity is unmatched; the dollar is Creates a ‘‘Tax Cut Offset Trust Fund’’ strong; our budget balanced. Unemployment into which the 1/3 slated for tax relief will be commit to the Conventions of the International and inflation are down and profits are up. placed for use as Congress, by law, directs. Labor Organization (ILO) by ratifying its core But, most working people in the United SECTION 3—SPECIFICS OF DEBT REDUCTION Conventions. There are now 181 Conventions. States today labor longer and harder simply Exchanges marketable government securi- The United States has ratified 12, and only to hold their own. One in four children is ties for unmarketable securities currently in oneÐConvention 105 on forced laborÐis con- born to poverty. One in five workers goes the Social Security and other Trust Funds, sidered a core Convention. Other core Con- without health insurance. The blessings of thereby repaying these trust funds and re- ventions relate to rights of association, the prosperity have been largely captured by the ducing the national debt. right to organize and bargain collectively, mini- few. Inequality is at level so obscene that Requires that after all Trust Fund ac- New York investment houses this year counts are replenished, excess revenues be mum wage, and child labor. The U.S. should warned executives not to talk about the size used for direct payments on the national make ratification of all the core Conventions a of their bonuses. debt. top priority. The White House now has Con- And now, the Asian nations are forced to SECTION 4—PROHIBITION ON USE OF EXCESS vention 111 under consideration that would export their deflation to the U.S. Our annual FUNDS prohibit discrimination in employment based trade deficit will soar towards $300 billion. Prohibits excess revenues from being on race, gender, religion, or national origin. Over one million U.S. workers are projected counted as new budget authority, outlays, The White House should send this Convention to lose their jobs. Wages, only now beginning receipts, deficit or surplus, for budget esti- to the Senate for ratification as quickly as pos- to recover, will once again be depressed. And mates. this is the ‘‘model’’ in the best of times. sible. The current collapse calls into question Requires that when funds are expended Third, the United States should urge the from any trust fund into which tobacco set- not simply Asian practices but the global tlement money is placed, a corresponding International Monetary Fund to incorporate system itself. As Korean President Kim Dae amount of marketable securities in those labor considerations and standards into its dis- Jung has said, authoritarian systems in funds be sold, and the trust fund balance re- cussions and stabilization programs with mem- Asian lived a lie. But their crony capitalism duced accordingly. ber countries. A thriving, prosperous commu- was bankrolled by the reckless high rollers of the global casino, including Japanese, Eu- f nity of workers will translate to a thriving pros- perous economy. If workers are left to bear ropean and American banks and investment houses. SWEENEY AND BECKER ON THE the burdens of economic stabilization inequi- The response to the crisis reveals the limit RIGHTS AND ROLE OF LABOR IN tably, then countries, companies, and inves- of the current arrangement. Conservatives THE GLOBAL ECONOMY tors will not achieve their stabilization objec- say let the market solve the problem. But tives. Mr. Speaker, President John J. since the Great Depression no sensible lead- HON. JOHN J. LaFALCE Sweeney of the AFL±CIO and President ership would take that gamble. The IMF is called in to stop the hemorrhaging. It bails OF NEW YORK George Becker of the United Steelworkers of America made this case with eloquence and out the speculators and enforces austerity on IN THE HOUSE OF REPRESENTATIVES the people. Its prescription reinforces the have advanced specific proposals. I wish to Wednesday, February 11, 1998 very affliction it seeks to cure. submit to the RECORD Mr. Sweeney's speech Treasury Secretary Robert Rubin has wise- Mr. LAFALCE. Mr. Speaker, as world atten- in Davos, Switzerland on January 31, 1998 ly warned about the ‘‘moral hazard’’ of bail- tion has focused on the financial crisis in East and Mr. Becker's testimony before the Com- ing out profligate speculators and banks. Asia, we have failed to consider the role of mittee on Banking and Financial Services on But too little has been said about the ‘‘im- labor in resolving the Asian economic turmoil. February 3, 1998. moral hazard’’ of forcing working people The plight of Asian workersÐand by exten- across the world to pay the price—in lay- COMMENTS BY JOHN J. SWEENEY sion, U.S. workers has been addressed only offs, declining wages and increasing insecu- It is a privilege and a pleasure to address rity. secondarily. Government and institutional offi- the World Economic Forum, and to join the I have just returned from Mexico, which cials lament the impact of reduced budgets, distinguished members of this panel. has been presented as a ‘‘successes’’ for higher interest rates, and other deflationary Does labor have a role in defining the fu- Asians to follow. There, speculators and actions on nations' workers, but opine that ture? In the United States, ask the oppo- bond holders had their losses covered. But there is no other choice. In the long run, they nents of the minimum wage. Or the manage- some two million workers lost their jobs. argue, all workers will be better off by having ment of United Parcel Service. Or the pro- The middle class has been crushed. Wages a sound economy. ponents of fast track trade accords that ig- lost over half their value. Environmental Mr. Speaker, this is old-fashioned thinking nore labor rights and environmental protec- poisoning is worse than ever. Political vio- tions. for a new age of globalization. Globalization lence is spreading. Crime is spiraling out of Let us be very clear. If labor has no role, control. Few nations can weather this form means that we are all tied together. Govern- democracy has no future. Social Justice does of success. ments, capitalists, financiers, and labor share not ‘‘compromise the efficiency of the This global system broadcasts its stark economic problems and an economic future. model.’’ It is essential to its survival. If this contrasts—of untold wealth for the few and We must either resolve our problems together global economy cannot be made to work for growing insecurity for the many, of laws or the problems will not be resolved. As the working people, it will rap a reaction that that protect property and expose people, of President of the AFL±CIO, John Sweeney, re- may make the Twentieth Century seem tran- liberated capital and repressed workers. The cently told participants at the World Economic quil by comparison. inequities are indefensible ethically, but We meet at an historic turning—one that they are also unsustainable economically— Forum in Davos, Switzerland, ``If labor has no everyone in these meetings must see. The as U.S. Federal Reserve Chair Alan Green- role, democracy has no future.'' Labor must be long effort to build the global market has span suggests with his warnings about defla- part of the solution. succeeded. Capital and currencies have been tion. If we do not craft a global economy that al- de-regulated. Great corporations have built I suggest to you that we must usher in a lows all participants to benefit from growth, global systems of production, distribution, new era of reform. One that seeks not more February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E151 de-regulation, but greater accountability. United States should condition further con- standards and social safety nets in the IMF Not further unleashing of speculative cap- tributions to the IMF on fundamental program will produce an adjustment pro- ital, but channeling of real investment. Not changes in the IMF’s program. gram that is more equitable, more successful greater license for corporations, but em- The clout and leverage exercised by the and more sustainable, as has been shown in powerment of workers and citizens. IMF must serve a broad set of social and eco- the case of the Czech Republic. A more bal- Labor, environmental, and democratic citi- nomic goals. Currently, the IMF defines its anced program will ensure that IMF de- zen movements are already struggling to de- mission narrowly, as protecting the interests mands for labor market flexibility (often fine this new internationalism in practice of international capital. The IMF requires functionally equivalent to weakening labor and in policy. At the AFO–CIO, we are build- debtor governments to raise interest rates, unions) are consistent with core labor rights. ing stronger working relations with unions cut public spending, deregulate financial Finally, the imprisonment of Muchtar across the world. We fight to defend labor markets, and weaken labor laws to facilitate Pakpahan in Indonesia continues to serve as rights at home and abroad. We are uniting massive layoffs and deep wage cuts. These an egregious and glaring example of the with other citizen movements to struggle for terms may solve some short-term credibility IMF’s and the U.S. government’s indifference basic environmental, consumer and civil problems with foreign investors, but will toward worker rights. If it is possible for the rights. We will demand coordinated efforts to necessarily exacerbate the tensions, inequal- IMF to recommend dismantling Korean stimulate growth, to regulate currency and ity, and instability of the global economy. labor law as a condition of emergency loans, capital speculation, to extend labor and Such policies are short-sighted and must be then surely it is possible for the IMF to use democratic rights as part of the response to fundamentally altered. its extraordinary leverage to force the Indo- the Asian collapse. The United States, which is the single nesian government to free this courageous At the beginning of this century, the in- largest contributor to the IMF, must use and suffering man. Mr. Pakpahan’s only dustrial revolution created new promise and every means at its disposal, both formal and crime is to have worked toward building glaring inequities. It took many decades— informal, to change the way the IMF oper- independent labor unions. His health contin- and revolutions, wars and a Great Depres- ates. The AFL–CIO will support members of ues to be precarious, and his medical care sion—to elaborate the protections that saved congress in efforts to assure that IMF pro- continues to be extremely inadequate. U.S. that system from itself. Now at the begin- grams reflect the following principles: government officials who have visited Indo- ning of the 21st century, the global economy 1. Commitment to and vigorous enforce- nesia recently have failed to make any pub- poses the same challenge. Let us hope we ment of international labor and human lic statements advocating the release of Mr. need not relive the horrors of the past to rights. Countries that receive IMF funds Pakpahan. Whatever private communica- reach its promise for the future. must commit themselves, in an enforceable tions that may have taken place, if any, way, to respect for internationally recog- have failed to yield results. The release of TESTIMONY OF GEORGE BECKER nized worker rights. If necessary, this would Muchtar Pakpahan would be a symbolic, but involve modification of laws and practice to important, step toward recognition of how Mr. Chairman and Members of the Com- comply with ILO standards and human integral the improvement of labor rights is mittee: My name is George Becker, and I am rights. These commitments must ensure that to the current situation. It would also be a president of the United Steelworkers of governments will protect workers’ rights, positive statement to Indonesian workers America and chairman of the Economic Pol- even during times of crisis. Strong and inde- that welcome changes are occurring. icy Committee of the Executive council of pendent labor unions play a crucial and irre- 2. Domestic economic growth and develop- the AFL–CIO. I appreciate the opportunity placeable role in assuring that the benefits ment, not austerity and export-led growth. to be here today on behalf of the thirteen of economic expansion are equitably distrib- The model that led to this crisis glorifies ex- million working men and women of the AFL– uted. port expansion as the preferred development CIO. We in the labor movement are well Some Administration spokespeople have path. This model leads to destructive, low- aware that the financial crisis now roaring argued that it is impossible to introduce road international competition and worker through east Asia will have profound con- worker rights conditionality in the context impoverishment and is ultimately sequences for working people all over the of emergency bailouts, given the short time- unsustainable, as the current crisis dem- world. We stand in solidarity with the work- frame and the many other demands being onstrates. The United States has neither the ing people of Asia to urge the International put forth. We disagree. In any case, however, capacity nor the will to absorb unlimited ex- Monetary Fund (IMF) and the U.S. Congress time pressures do not prevent the IMF from ports; thus, the rescue plan for east Asia to put the interests of workers and commu- taking such action with respect to the sev- must not rely exclusively on this premise. nities at the top of their priority list as they enty or so countries not in immediate crisis The U.S., Europe, and Japan must work to- take steps to address this crisis—not at the that are also receiving IMF funding. We real- gether to stimulate domestic demand in the bottom, after the bankers, financiers, and ize that implementing such provisions can- developing economies and avert a dangerous multinational businesses have been taken not be accomplished unilaterally by the tendency toward global deflation. care of. United States, but representatives of the 3. Reduction in the volume of destabilizing Deep currency devaluations, in conjunc- U.S. government need to declare publicly capital flows. Over the long run, it is essen- tion with austerity programs, will cut wages that this is a policy we are seeking to tial that policies to regulate short-term bor- and purchasing power in South Korea, Indo- achieve. This need to be consistently rein- rowing and to dampen speculative flows of nesia, and Thailand. The United States will forced by all relevant U.S. government agen- capital be implemented. There are three be pressured to act as importer-of-last-re- cies. structural dimensions to the crisis. They sort, absorbing cheap Asian goods while at The Sanders-Frank Amendment, enacted concern the interaction of exchange rates, the same time Asian markets for our exports by Congress in 1994, requires that the U.S. foreign portfolio investment, and foreign dwindle. Executive Directors to the international fi- currency denominated lending. All three di- In the aftermath of the crisis, the U.S. nancial institutions (including the IMF and mensions need to be addressed. trade deficit is projected to grow by about World Bank, among others) use the ‘‘voice First, the existing system is unstable and $100 billion in 1998, resulting in a loss of ap- and vote of the United States’’ to urge these vulnerable to speculative exchange rate proximately 1 million jobs (or potential institutions to encourage borrowing coun- movements. A small ‘‘Tobin’’ transactions jobs), most of them in the better-paying tries to guarantee internationally recognized tax on foreign exchange dealings would dis- manufacturing sector. Job losses will be worker rights. Our experience to date with courage speculatively induced collapses. It heavily concentrated in industries such as this law has been disappointing. Nowhere in would be sufficiently large to penalize specu- steel, electronics, apparel, and automobiles, the IMF program for Indonesia, for example, lative trading, but not so large as to deter in which east Asia is a large producer. Buy- are worker rights given even a cursory men- long-term investors. ers in these key industries are enormously tion. Yet, in principle, with a contribution of Second, foreign portfolio investment is ex- price sensitive. Export-intensive industries 18 percent of the IMF’s quotas, the United tremely sensitive to exchange rate move- such as aircraft and capital goods will also States could, if it so chose, effectively veto ments. The natural mechanism to slow such suffer. Boeing is already reporting that any loan package (IMF rules require 85 per- flows are ‘‘speed bumps,’’ whereby investors Garuda Airlines of Indonesia has delayed cent agreement on most decisions). commit to a minimum stay when they bring taking delivery of six jets. If the crisis wors- In addition to using our voice and vote at money in. Speed bumps stop sudden outflows ens, China will certainly reduce others. the IMF to this end, the U.S. government because investors cannot withdraw their Without fundamental changes in the struc- can and should act to garner support for such money at will. This has the beneficial effect ture of international financial markets and a move from our trading partners, especially of forcing investors to consider risk care- the institutions that regulate these markets, in Europe. It would be useful to consult with fully before committing money. we can expect continued volatility and fu- the new governments of France and Britain, The third element of the crisis concerns ture crises of growing severity. The present in particular, to develop a joint strategy, foreign currency denominated loans. Many moment of crisis is the time to press for nec- that would be more effective than independ- countries cannot borrow in their own cur- essary changes in the international financial ent action on the part of the United States. rency, and are therefore exposed to increases system, particularly in the conditions im- We encourage the U.S. government to con- in debt burdens resulting from foreign ex- posed by the IMF in exchange for the ‘‘bail- tinue its efforts to bring the ILO into a more change fluctuations. Since it is costly to outs’’ it gives to countries that have ex- central role in the development of structural ‘‘hedge,’’ or pay a small fee to ensure against hausted all other sources of credit. The adjustment packages. Incorporating labor currency loss, borrowers often choose not to E152 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 do so. Monetary authorities should require same time Asian markets for our exports consult regularly with labor unions and lenders to hedge their foreign country loans. dwindle. other broad-based organizations, not just This is equivalent, in a rough sense, to re- In the aftermath of the crisis, the U.S. with business and financial institutions, in quiring international deposit insurance. This trade deficit is projected to grow by about the development of structural adjustment will cause the cost of credit to rise. However, $100 billion in 1998, resulting in a loss of ap- programs and emergency loan packages. Pro- the risk is there, and it needs to be priced in. proximately 1 million jobs (or potential gram documents should be made publicly Credit should not be subsidized through the jobs), most of them in the better-paying available. By recognizing that workers must provision of bail-outs paid for by taxpayers. manufacturing sector. be included in developing a response to eco- 4. Transparency and broader participation Without fundamental changes in the struc- nomic crisis, the tripartite commission (in- in determining IMF policy. The IMF must ture of international financial markets and cluding representatives of labor, business, consult regularly with labor unions and the institutions that regulate these markets, and government) established in South Korea other broad-based organizations, not just we can expect continued volatility and fu- is a promising step. with business and financial institutions, in ture crises of growing severity. The present 7. Ensure that speculators pay their fair the development of structural adjustment moment of crisis is the time to press for nec- share. The banks, corporations, and individ- programs and emergency loan packages. Pro- essary changes in the international financial uals who profited from risky investments gram documents should be made publicly system, particularly in the conditions im- during good times must not be shielded from available. By recognizing that workers must posed by the International Monetary Fund losses during downturns. As banks resched- ule their debts, financial losses must fall on be included in developing a response to eco- (IMF) in exchange for the ‘‘bailouts’’ it gives those who made poor decisions. Asian and nomic crisis, the tripartite commission (in- to countries that have exhausted all other American workers and taxpayers must not cluding representatives of labor, business, sources of credit. The United States should be asked to foot the bill for a party to which and government) established in South Korea condition further contributions to the IMF on fundamental changes in the IMF’s pro- they were not even invited. is a promising step. Even if we move toward reform of the gram. 5. Ensure that speculators pay their fair international financial system, concrete The clout and leverage exercised by the share. The banks, corporations, and individ- steps must be taken to stop the destabilizing IMF must serve a broader set of social and uals who profited from risky investments flood of cheapened imports which have al- economic goals. Currently, the IMF defines during good times must not be shielded from ready been unleashed by this crisis. Steel, its mission narrowly, as protecting the inter- losses during downturns. Banks must re- autos, electronics, apparel, and other threat- ests of international capital. The IMF re- schedule their debts with longer maturities ened industries face an immediate threat quires debtor governments to raise interest and at appropriate terms, ensuring that fi- which requires specific actions to maintain rates, cut public spending, deregulate finan- nancial losses fall on those who made poor import shares consistent with 1997 levels in cial markets, and weaken labor laws to fa- decisions. This must be an explicit and wide- order to protect the jobs of these workers. ly understood condition for future IMF fund- cilitate massive layoffs and deep wage cuts. ing, as well. Asian and American workers These terms may solve some short-term f credibility problems with foreign investors, and taxpayers must not be asked to foot the IN HONOR OF THE NEW YORK bill for a party to which they were not in- but will necessarily exacerbate the tensions, vited. inequality, and instability of the global STATE BLACK AND PUERTO In his testimony before this committee on economy. Such policies are short-sighted and RICAN LEGISLATIVE CAUCUS January 30, Secretary of the Treasury Rob- must be fundamentally altered. ert Rubin argued that forcing investors and The United States, which is the single HON. CHARLES E. SCHUMER largest contributor to the IMF, must use creditors to take losses involuntarily would OF NEW YORK ‘‘risk serious adverse consequences.’’ He every means at its disposal, both formal and IN THE HOUSE OF REPRESENTATIVES cited three reasons, none of which is entirely informal, to change the way the IMF oper- convincing. He argued that forcing losses ates. The AFL–CIO will support members of Wednesday, February 11, 1998 could cause banks to pull money out of the Congress in efforts to assure that IMF pro- Mr. SCHUMER. Mr. Speaker, I stand with country involved. Yet, banks are already grams reflect the following principles: 1. Commitment to and vigorous enforce- you today to pay homage to The New York pulling what money they can out of these State Black and Puerto Rican Legislative Cau- countries. He raised the concern that such ment of international labor and human actions would reduce the nation’s ability to rights. Countries that receive IMF funds cus and the New York State Association of access new sources of private capital. This must commit themselves, in an enforceable Black and Puerto Rican Legislators, Inc. as it was not, however, the experience of the 1980s, way, to respect for internationally recog- hosts its 27th Annual Legislative Conference. when banks did return to markets (such as nized worker rights. If necessary, this would The Association, established in 1989, has Brazil) where they had been forced to accept involve modification of laws and practice to been the successful non-profit arm of the Cau- reduced payments on their loans—after sta- comply with ILO standards and human cus. Charged with a philanthropic mission, it bility had returned. Third, Secretary Rubin rights. These commitments must ensure that functions as an important partner in serving argued, the ‘‘most troubling’’ issue was that governments will protect workers’ rights, even during times of crisis. Strong and inde- African-American and Latino constituents this could cause banks to ‘‘pull back’’ from through scholarship programs and other com- other emerging markets. But is not a central pendent labor unions play a crucial and irre- cause of this problem that banks have loaned placeable role in assuring that the benefits munity projects. I wish to commend them es- excessively and imprudently in these emerg- of economic expansion are equitably distrib- pecially for their work in organizing this 1998 ing markets? It should be considered an ad- uted. Conference. vantage if a policy change causes banks to 2. Domestic economic growth and develop- The Caucus, since its inception in 1966, has act more cautiously in the future. ment, not austerity and export-led growth. successfully led the charge to ensure equal Even if we move toward reform of the The model that led to this crisis glorifies ex- access, protection and representation of the international financial system, concrete port expansion as the preferred development interests of Black and Hispanic constituencies path. This model leads to destructive, low- steps must be taken to stop the destabilizing in New York State. To use its own words: flood of cheapened imports which have al- road international competition and worker impoverishment and must be reversed. The ``The Caucus has made it a policy never to ready been unleashed by this crisis. Strate- wait on others to confront controversial mat- gic intervention by the United States and United States, Europe, and Japan must work Japan could help the embattled currencies of together to stimulate domestic demand in ters but has willingly placed itself forward to Indonesia, Thailand, and South Korea the developing economies and avert a dan- be the first to rise to the occasion.'' And they stablize and regain some of their lost value. gerous tendency toward global deflation. have been true to their word. In Albany they In the United States, steel, autos, elec- 3. Political and economic democracy. have become formidable advocates for justice, tronics, apparel, and other threatened indus- Without a strong and vibrant civil society, tolerance and fairness in state government. tries face an immediate threat which re- there is no counterweight to crony capital- My years in the New York State Assembly quires specific trade actions to maintain im- ism and no accountability for governments. 4. Reduction in the volume of destabilizing allowed me the opportunity to work with this port shares consistent with 1997 levels in great body. For me it was an honor to have order to protect the jobs of these workers. capital flows. Policies to regulate short-term borrowing and to dampen speculative flows served beside such fine Caucus members as ASIAN FINANCIAL CRISIS of capital must be implemented. Al Vann, Denny Farrell and Arthur Eve to The financial crisis now roaring through 5. Stabilization of exchange rates at levels name a few. Today, it continues to be an east Asia will have profound consequences closer to their pre-crisis values. The exces- honor to work with such impressive former for working people all over the world. Deep sive devaluations caused by the loss of con- Caucus members as Representatives RANGEL, currency devaluations, in conjunction with fidence in the East Asian currencies should OWENS, SERRANO and the newly elected Con- austerity programs, will cut wages and pur- be reversed. This is essential to blunt the chasing power in South Korea, Indonesia, negative impact of the crisis on American gressman from Queens, GREGORY MEEKSÐall and Thailand. The United States will be workers. now serving in Washington. I admire the lead- pressured to act as importer-of-last-resort, 6. Transparency and broader participation ership and intensity current and former Cau- absorbing cheap Asian goods while at the in determining IMF policy. The IMF must cus members continue to bring to the debate February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E153 of social and economic justice in America. I gametes and other biological material from and replacement takes weeks and costs a fee. thank you all for keeping the focus where it rare and endangered wildlife species). Finally, H.R. 1428 would subject citizens, especially should be, on the hardworking communities of the aircraft will fill a humanitarian role by first-time voters, or established voters who New York. transporting volunteer doctors, dentists and move, to inconvenience which will easily deter I salute the Caucus today upon the opening nurses to remote villages to administer to participation. of its Annual Conference with the presentation those in need. We need to encourage, foster increased of this CONGRESSIONAL RECORD statement for In addition to the Republic of China's grant voter participation. Members of this distin- all that this fine body has attempted to do and to purchase the aircraft, the Wilderness Con- guished House know the importance of each all that it has done on behalf of New Yorkers. servancy has received a grant from the U.S. vote. We have, since the civil rights struggles To the Caucus members, I with you many Fish and Wildlife Service, under the African began, worked to eliminate barriers to voting, more years of success and I thank you for Elephant Conservation Act of 1988, to provide not to erect new ones to meet phantom prob- your fine service and dedication to the state of hand-held aircraft radios, hand-held Garmin lems. I urge my colleagues to join me and de- New York. GPS units and portable repeater stations to feat this bill. f assist the anti-poaching effort. These will be in f place this year and will make radio commu- CHINA IS AWARE OF THE NEED TO nication between pilots and ground teams pos- INDIAN GENOCIDE BETRAYS CONSERVE WILDLIFE sible, greatly enhancing the poacher-intercep- GANDHI’S PRINCIPLE OF NON- tion effort. VIOLENCE HON. DANA ROHRABACHER Saving the rhinoceros and elephant from ex- OF CALIFORNIA tinction is dangerous work and requires great HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES dedication by those who do it. These gener- OF NEW YORK Wednesday, February 11, 1998 ous grants from the U.S. Fish and Wildlife IN THE HOUSE OF REPRESENTATIVES Service and the Republic of China will help Wednesday, February 11, 1998 Mr. ROHRABACHER. Mr. Speaker, I am greatly toward the goal of ending the poaching Mr. TOWNS. Mr. Speaker, will you please pleased to report that since the introduction of of large wild animals. In the process, there is insert the following remarks as part of the the American Champion ``Super Scout'' spotter a unique four-way cooperative effort between CONGRESSIONAL RECORD'S extension of re- aircraft in antipoaching operations in Kruger the people of Taiwan, a conservation-minded marks section. National Park, South Africa, in September, American organization (with expert knowledge 1996 by the non-profit United States-based of aviation and anti-poaching), the U.S. Fish INDIAN GENOCIDE BETRAYS GANDHI’S Wilderness Conservancy, not one rhinoceros and Wildlife Service and the men and women PRINCIPLE OF NONVIOLENCE or elephant has been killed by poachers there. on the anti-poaching front lines in South Afri- Mr. TOWNS. Mr. Speaker, recently 22 of my That is a success story that was made pos- ca. colleagues and I wrote a letter to the Chief Minister of Punjab, Parkash Singh Badal, sible by a grant to the Wilderness Conser- f vancy from the Forestry Department of the urging him to deliver on his campaign prom- government of the Republic of China on Tai- IN OPPOSITION TO H.R. 1428, THE ise that he would appoint an independent ju- dicial commission of inquiry to investigate wan. VOTER ELIGIBILITY VERIFICA- the atrocities and genocide in Punjab. If In the past, some conservation groups have TION ACT South Africa can have its Truth Commis- criticized the Republic of China's government sion, why can’t the truth about Indian geno- for what they believed was an insufficient ef- HON. LOUIS STOKES cide be brought to light? This letter is not the product of a small fort to stop the illicit importation of ivory, rhino OF OHIO horn and other wild animal parts into Taiwan. ideological coterie. the signers come from IN THE HOUSE OF REPRESENTATIVES In recent years, however, the ROC govern- both parties and they range across the politi- Wednesday, February 11, 1998 cal spectrum. What we have in common is a ment has adopted ever-stronger laws to curb love of freedom and a belief that basic that illicit traffic, has strictly enforced them and Mr. STOKES. Mr. Speaker, I rise in strong human rights must be respected, especially has imposed stiff penalties on violators. opposition to H.R. 1428, the voter eligibility in countries that call themselves demo- Beliefs in folk medicine techniques that em- verification act. This bill is unnecessary. This cratic. ployed wild animal parts took root over many measure is based on the unsubstantiated The Indian government wraps itself in the centuries, and it has not been an easy task for premise that registration and voting by nonciti- mantle of Mohandas Gandhi, the spiritual the ROC government to change those beliefs zens in this country is a major problem that leader of its independence movement. It has (held especially by older persons). Neverthe- spent a lot of money to erect statues of Gan- cannot be successfully addressed under cur- dhi throughout the United States and around less, the ROC has undertaken a concerted ef- rent federal and state laws. the world. Yet the genocide against the fort to end the illicit trade in animal parts in Under current law, the INS is already re- Sikhs of Khalistan, the Christians of light of both human population growth and the quired to cooperate with election officials in in- Nagaland, the Dalits, the Muslims of Kash- drastic reduction of the wildlife populations vestigations of voter registration and vote mir, the tribal people of Manipur, and others upon which the traditional remedies were fraud. continues. Since Mr. Badal’s government based. Today, the government of the Republic This bill undermines the voting rights act of took power last year, at least 75 atrocities of China is engaged in a comprehensive envi- 1965 by placing the final determination of have been reported in the newspapers or oth- ronmental education program in its schools to erwise documented. voter eligibility back into the hands of state In a democracy, especially one so overt in make all of its young people aware of the and local election officials bypassing the pro- its dedication to the nonviolent principles of need to conserve wildlife. tection of the voting rights act. Gandhi, such genocide and ethnic cleansing The ROC has done more. They have made This bill also weakens the protections of the should not be occurring. At the very least, an additional grant to the Wilderness Conser- privacy act by exposing citizens' social secu- the government should be investigating the vancy for the purchase of another aircraft, a rity numbers. genocide and bringing those responsible to refurbished Cessna 206. It will undertake a This bill will not work. There are no federal justice. Instead, the Badal government in multi-purpose role in southern Africa this year. lists of citizens, particularly of citizens who are Punjab boasts that it has not taken action to It will support the spotter aircraft by flying anti- born in this country. Two federal agencies, the punish any police officer. The central gov- ernment in New Delhi is no better. Appar- poaching teams to airstrips ahead of fleeing Social Security Administration and the Justice ently, building statues to nonviolence is poachers, in order to intercept them before Department argued against this proposal last much easier than practicing it. No statue they can reach safe havens. The new aircraft year before the Judiciary Subcommittee on im- ever saved the life of a victim of state terror- also will resupply game-scout teams deep in migration and claims. The Social Security Ad- ism or police tyranny. What good did those the bush, thus permitting longer patrols over ministration stated that ``it is unable to confirm Gandhi statutes do Jaswant Singh Khalra, larger areas. It will carry scientists of the Wild- citizenship.'' The Justice Department stated the human-rights activists the police kid- life Breeding Research Center and their port- that the INS ``cannot systematically use its napped over two years ago? It is time to make India start living up to able cryogenic laboratory into the field to facili- automated databases to confirm whether an the principles it espouses. A judicial com- tate Assisted Reproduction Technology (em- individual is a citizen.'' mission to investigate the genocide is the bryo transfer and in-vitro fertilization) and the This bill will discourage, not encourage voter first step that must be taken. This would creation of a Genome Resource Bank (the col- participation. Very few citizens can produce show the world that India is finally begin- lection, processing, storage and use of their birth certificates in a few hours or days ning to get serious about respecting the E154 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 human rights of all people, not just upper- Partap Singh, President of the Khalsa Raj determine just who was killed and who was caste Brahmin aristocrats. Letting Amnesty Party, and co-signed by Justice Ajit Singh responsible. It will send a signal to those ele- International and other human-rights mon- Bains (Punjab Human Rights Organization), ments in the security forces that your Gov- itors into the country would also signal In- Inderjeet Singh Jaijee and Major General ernment will no longer tolerate security ele- dia’s commitment to finding and punishing Narinder Singh (Movement Against State ments that engage in lawless and brutal con- those who violate human rights. If India will Repression) wrote a joint letter requesting duct. not take even these minimal steps, then we that you fulfill your campaign promise to must take strong action. It is time to impose appoint an independent commission to inves- Just as we are witnessing in South Africa’s tough economic sanctions on the Indian re- tigate atrocities which have occurred in Truth Commission, it is time for the truth to gime, cut off aid to that theocratic satrapy, Punjab over the last 14 years. come out in Punjab, for better or for worse. and publicly support the freedom movements The Central Bureau of Investigation, the Sincerely, in the many captive nations of South Asia. Supreme Court of India and the United Na- Edolphus Towns, Dan Burton, Cynthia A. By these steps we can help give the gift of tions Commission on Human Rights have McKinney, Dana Rohrabacher, Richard freedom to all the people of the subconti- found that the Punjab police have engaged in Pombo, Donald M. Payne, Collin C. Pe- nent. That is much more valuable than any a deliberate policy of abduction, torture and terson, William J. Jefferson, Jerry Sol- statue. illegal cremation of Sikh youth on a massive omon, Phil Crane, George Miller, Gary On behalf of my colleagues, I would like to scale. All have urged your Government and Condit, Roscoe Bartlett, Tom Coburn, enter our letter to Chief Minister Badal into the Government of India to facilitate a fully John N. Hostettler, Sheila Jackson- the RECORD. empowered and impartial inquiry into these Lee, J.C. Watts, John T. Doolittle, Sam and other custodial deaths. HOUSE OF REPRESENTATIVES, Farr, Esteban E. Torres, Bernard Sand- We are also concerned that the police con- Washington, DC, January 30, 1998. ers, Wally Herger, Randy ‘‘Duke’’ tinue to engage in acts of murder, rape and The Honorable PARKASH SINGH BADAL, Cunningham. Chief Minister of Punjab, Chandigarh, Punjab, torture of Sikh youth. Over 75 cases have India. been documented thus far. It is imperative DEAR CHIEF MINISTER BADAL: On January that your Government fulfills its pledge to 5, four human-rights activists led by Colonel appoint an independent judicial inquiry to February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E155 SENATE COMMITTEE MEETINGS tobacco products are manufactured, ings on the budget requests for the op- Title IV of Senate Resolution 4, marketed, and distributed in America. erations of the Government Printing SD–430 Office, the National Gallery of Art, and agreed to by the Senate on February 4, 2:00 p.m. the Congressional Research Service. 1977, calls for establishment of a sys- Energy and Natural Resources SR–301 tem for a computerized schedule of all National Parks, Historic Preservation, and Veterans’ Affairs meetings and hearings of Senate com- Recreation Subcommittee To hold joint hearings with the House mittees, subcommittees, joint commit- To hold hearings to examine the status Committee on Veterans Affairs to re- tees, and committees of conference. of the visitor center and museum fa- view the legislative recommendations cilities project at Gettysburg National This title requires all such committees of the Non-Commissioned Officers As- Military Park in Pennsylvania. sociation, the Paralyzed Veterans of to notify the Office of the Senate Daily SD–366 Digest—designated by the Rules Com- Judiciary America, the Jewish War Veterans, the mittee—of the time, place, and purpose Constitution, Federalism, and Property Military Order of the Purple Heart, the of the meetings, when scheduled, and Rights Subcommittee Blinded Veterans Association, and the any cancellations or changes in the To hold hearings to examine whether Veterans of World War I. meetings as they occur. term limits or campaign finance re- 345 Cannon Building As an additional procedure along form would provide true political re- Indian Affairs with the computerization of this infor- form. To hold oversight hearings on the Bureau SD–226 of Indian Affairs’ tribal priority alloca- mation, the Office of the Senate Daily tions. Digest will prepare this information for FEBRUARY 25 SR–485 printing in the Extensions of Remarks 9:30 a.m. 10:00 a.m. section of the CONGRESSIONAL RECORD Rules and Administration Appropriations on Monday and Wednesday of each To hold oversight hearings on the strate- Agriculture, Rural Development, and Re- week. gic plan implementation including lated Agencies Subcommittee Meetings scheduled for Thursday, budget requests for the operations of To hold hearings on proposed budget es- February 12, 1998, may be found in the the Office of the Secretary of the Sen- timates for fiscal year 1999 for the Nat- Daily Digest of today’s RECORD. ate, the Sergeant at Arms and the Ar- ural Resources Conservation Service, chitect of the Capitol. Department of Agriculture. MEETINGS SCHEDULED SR–301 SD–138 Indian Affairs Appropriations FEBRUARY 24 To hold hearings on the President’s pro- Commerce, Justice, State, and the Judici- 9:30 a.m. posed budget request for fiscal year ary Subcommittee Commerce, Science, and Transportation 1999 for Indian programs. To hold hearings on proposed budget es- To resume hearings to examine the scope SR–485 timates for fiscal year 1999 for the De- and depth of the proposed settlement 9:45 a.m. partment of State. between States Attorneys Generals and Energy and Natural Resources S–146, Capitol tobacco companies to mandate a total Forests and Public Land Management Sub- Judiciary reformation and restructuring of how committee Business meeting, to consider pending To hold oversight hearings on the use of tobacco products are manufactured, calendar business. speciality forest products from the Na- marketed, and distributed in America. SD–226 tional Forests. SR–253 Labor and Human Resources SD–366 Veterans’ Affairs To resume hearings to examine the con- To hold hearings on the nomination of 10:00 a.m. Appropriations fidentiality of medical information. Togo D. West, Jr., of the District of Co- SD–430 lumbia, to be Secretary of Veterans Af- Defense Subcommittee 2:00 p.m. fairs. To hold closed hearings on proposed Judiciary SH–216 budget estimates for fiscal year 1999 for Antitrust, Business Rights, and Competi- Joint Economic the intelligence community. tion Subcommittee To hold hearings to examine the budget S–407, Capitol request for fiscal year 1999 for the Judiciary To hold hearings on oversight of the International Monetary Fund (IMF). To hold hearings to examine incidences Antitrust Division of the Department 311 Cannon Building of high tech worker shortage and im- of Justice, focusing on international 10:00 a.m. migration policy. and criminal enforcement. Appropriations SD–226 SD–226 Agriculture, Rural Development, and Re- 2:00 p.m. 2:30 p.m. lated Agencies Subcommittee Judiciary Appropriations To hold hearings on proposed budget es- To hold hearings on pending judicial Defense Subcommittee timates for fiscal year 1999 for the Ag- nominations. To hold hearings on proposed budget es- ricultural Research Service, Coopera- SD–226 timates for fiscal year 1999 for the De- tive State Research, Education and Ex- partment of Defense. tension Service, Economic Research FEBRUARY 26 SD–192 Service, and the National Agricultural 9:30 a.m. Statistics Service, all of the Depart- Appropriations MARCH 3 ment of Agriculture. Legislative Branch Subcommittee 9:30 a.m. SD–138 To hold hearings on proposed budget es- Appropriations Appropriations timates for fiscal year 1999 for the Sec- Military Construction Subcommittee Commerce, Justice, State, and the Judici- retary of the Senate, the Capitol Police To hold hearings on proposed budget es- ary Subcommittee Board, and the Congressional Budget timates for fiscal year 1999 for Army To hold hearings on proposed budget es- Office. and Defense programs. timates for fiscal year 1999 for the De- S–128, Capitol SD–124 partment of Justice. Appropriations SD–192 Treasury, Postal Service, and General Gov- Appropriations Judiciary ernment Subcommittee Energy and Water Development Sub- Technology, Terrorism, and Government To hold hearings on proposed budget es- committee Information Subcommittee timates for fiscal year 1999 for the To hold hearings on proposed budget es- To hold hearings to examine incidences Treasury Department, focusing on law timates for fiscal year 1999 for the De- of foreign terrorists in America five enforcement programs. partment of Energy, focusing on de- years after the World Trade Center. SD–192 fense programs. SD–226 Rules and Administration SD–116 Labor and Human Resources To hold hearings on S. 1578, to make Veterans’ Affairs To resume hearings to examine the scope available on the Internet, for purposes To hold joint hearings with the House and depth of the proposed settlement of access and retrieval by the public, Committee on Veterans Affairs to re- between State Attorneys General and certain information available through view the legislative recommendations tobacco companies to mandate a total the Congressional Research Service of the Veterans of Foreign Wars. reformation and restructuring of how web site, and to hold oversight hear- 345 Cannon Building E156 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 10:00 a.m. 9:30 a.m. MARCH 11 Appropriations Appropriations 9:30 a.m. Agriculture, Rural Development, and Re- VA, HUD, and Independent Agencies Sub- Indian Affairs lated Agencies Subcommittee committee To hold oversight hearings on sovereign To hold hearings on proposed budget es- To hold hearings on proposed budget es- immunity issues. timates for fiscal year 1999 for the timates for fiscal year 1999 for the Cor- Room to be announced Rural Utilities Service, Rural Housing poration for National and Community Service, Rural Business-Cooperative 10:00 a.m. Service, and the Federal Emergency Service, and the Alternative Agricul- Appropriations Management Agency. tural Research and Commercialization Defense Subcommittee Center, all of the Department of Agri- SD–138 To hold hearings on proposed budget es- culture. Appropriations timates for fiscal year 1999 for the De- SD–138 Labor, Health and Human Services, and partment of Defense, focusing on Navy Appropriations Education Subcommittee and Marine Corps programs. Commerce, Justice, State, and the Judici- To hold hearings on proposed budget es- SD–192 ary Subcommittee timates for fiscal year 1999 for the De- To hold hearings on proposed budget es- partment of Education. MARCH 12 timates for fiscal year 1999 for the Fed- SD–562 9:30 a.m. eral Bureau of Investigations, the Drug Appropriations Appropriations Enforcement Administration, and the Treasury, Postal Service, and General Gov- VA, HUD, and Independent Agencies Sub- Immigration and Naturalization Serv- ernment Subcommittee committee ice, all of the Department of Justice. To hold hearings on proposed budget es- To hold hearings on proposed budget es- S–146, Capitol timates for fiscal year 1999 for the In- timates for fiscal year 1999 for the De- 10:30 a.m. ternal Revenue Service, Treasury De- partment of Housing and Urban Devel- Appropriations partment. Foreign Operations Subcommittee opment, and the Community Develop- SD–192 To hold hearings on proposed legislation ment Financial Institute. 10:00 a.m. making supplemental appropriations SD–138 Appropriations for the International Monetary Fund Appropriations Commerce, Justice, State, and the Judici- for the fiscal year ending September 30, Legislative Branch Subcommittee ary Subcommittee 1998. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SD–192 timates for fiscal year 1999 for the timates for fiscal year 1999 for the Na- Joint Committee on Printing, the tional Oceanic and Atmospheric Ad- MARCH 4 Joint Economic Committee, the Joint ministration, Department of Com- 9:30 a.m. Committee on Taxation, the Sergeant merce, and the Small Business Admin- Indian Affairs at Arms, the Library of Congress and istration. Business meeting, to mark up those pro- the Congressional Research Service, S–146, Capitol visions which fall within the commit- and the Office of Compliance. Appropriations tee’s jurisdiction as contained in the S–128, Capitol Transportation Subcommittee President’s proposed budget for fiscal Appropriations To hold hearings to examine barriers to year 1999 with a view towards making Treasury, Postal Service, and General Gov- airline competition. its recommendations to the Committee ernment Subcommittee on the Budget, and to mark up the In- SD–124 To hold hearings on proposed budget es- dian provisions contained in S. 1414, S. 2:00 p.m. timates for fiscal year 1999 for the 1415, and S. 1530, bills to reform and re- Judiciary Treasury Department. structure the processes by which to- Immigration Subcommittee SD–192 bacco products are manufactured, mar- Business meeting, to consider pending keted, and distributed, to prevent the 10:00 a.m. calendar business. Appropriations use of tobacco products by minors, and SD–226 to redress the adverse health effects of Commerce, Justice, State, and the Judici- ary Subcommittee tobacco use; to be followed by a hear- MARCH 10 ing on s. 1280, to provide technical cor- To hold hearings on proposed budget es- rections to the Native American Hous- 9:30 a.m. timates for fiscal year 1999 for the Su- ing Assistance and Self-Determination Appropriations preme Court, and the Judiciary. Act of 1996. Military Construction Subcommittee S–146, Capitol SR–485 To hold hearings on proposed budget es- 10:00 a.m. timates for fiscal year 1999 for military MARCH 17 Appropriations construction programs, focusing on Air 9:30 a.m. Defense Subcommittee Force and Navy projects. Appropriations To hold hearings on proposed budget es- SD–124 Energy and Water Development Sub- timates for fiscal year 1999 for the De- 10:00 a.m. committee partment of Defense, focusing on Air Appropriations To hold hearings on proposed budget es- Force programs. Agriculture, Rural Development, and Re- timates for fiscal year 1999 for the De- SD–192 lated Agencies Subcommittee partment of Energy’s enivronmental Appropriations To hold hearings on proposed budget es- management program. Commerce, Justice, State, and the Judici- timates for fiscal year 1999 for the Food SD–116 ary Subcommittee and Nutrition Service, Department of 10:00 a.m. To hold hearings on proposed budget es- Agriculture. timates for fiscal year 1999 for the De- Appropriations SD–138 partment of Commerce. Agriculture, Rural Development, and Re- Appropriations S–146, Capitol lated Agencies Subcommittee Commerce, Justice, State, and the Judici- 2:00 p.m. To hold hearings on proposed budget es- Judiciary ary Subcommittee timates for fiscal year 1999 for the Food Antitrust, Business Rights, and Competi- To hold hearings to examine proposals to Safety and Inspection Service, Animal tion Subcommittee prevent child exploitation. and Plant Health Inspection Service, To hold hearings on the implementation SD–192 Agriculture Marketing Service, and the of the Telecommunications Act of 1996, 2:00 p.m. Grain Inspection, Packers and Stock- focusing on section 271. Appropriations yards Administration, all of the De- SD–226 Energy and Water Development Sub- partment of Agriculture. committee SD–138 MARCH 5 To hold hearings on proposed budget es- Appropriations 9:00 a.m. timates for fiscal year 1999 for the De- Commerce, Justice, State, and the Judici- Agriculture, Nutrition, and Forestry partment of Energy, focusing on re- ary Subcommittee To hold hearings to examine the global search and efficiency programs. To hold hearings on proposed budget es- warming agreement recently reached SD–116 timates for fiscal year 1999 for the in Kyoto, Japan. United Nations. SR–332 S–146, Capitol February 11, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E157 10:30 a.m. of Engineers, and the Bureau of Rec- Appropriations Appropriations lamation, Department of the Interior. Commerce, Justice, State, and the Judici- Foreign Operations Subcommittee SD–116 ary Subcommittee To hold hearings on proposed budget es- 10:00 a.m. To hold hearings on proposed budget es- timates for fiscal year 1999 for foreign Appropriations timates for fiscal year 1999 for the De- assistance programs, focusing on inter- Agriculture, Rural Development, and Re- partment of Justice’s counterterrorism national narcotics. lated Agencies Subcommittee programs. SD–124 To hold hearings on proposed budget es- SD–192 timates for fiscal year 1999 for the 10:30 a.m. MARCH 18 Farm Service Agency, Foreign Agricul- Appropriations 9:30 a.m. tural Service, and the Risk Manage- Foreign Operations Subcommittee Appropriations ment Agency, all of the Department of To hold hearings on proposed budget es- Labor, Health and Human Services, and Agriculture. timates for fiscal year 1999 for foreign Education Subcommittee To hold hearings on proposed budget es- SD–138 assistance programs, focusing on the timates for fiscal year 1999 for the De- Appropriations Caspian energy program. partment of Labor. Transportation Subcommittee SD–124 SD–138 To hold hearings on proposed budget es- Veterans’ Affairs timates for fiscal year 1999 for AM- APRIL 1 To hold joint hearings with the House TRAK, focusing on the future of AM- 9:30 a.m. Committee on Veterans Affairs to re- TRAK. Indian Affairs view the legislative recommendations SD–192 To hold oversight hearings on barriers to of the Disabled American Veterans. 10:30 a.m. credit and lending in Indian country. 345 Cannon Building Appropriations SR–485 Indian Affairs Foreign Operations Subcommittee 10:00 a.m. To hold oversight hearings on the imple- To hold hearings on proposed budget es- Appropriations mentation of the Indian Arts and timates for fiscal year 1999 for foreign Defense Subcommittee Crafts Act (P.L. 101-644). assistance programs, focusing on infec- SR–485 To hold hearings on proposed budget es- tious diseases. 10:00 a.m. timates for fiscal year 1999 for Depart- SD–124 Appropriations ment of Defense medical programs. Defense Subcommittee SD–192 To hold hearings on proposed budget es- MARCH 25 2:00 p.m. timates for fiscal year 1999 for the De- 9:30 a.m. Judiciary partment of Defense, focusing on Na- Veterans’ Affairs Antitrust, Business Rights, and Competi- tional Guard programs. To hold joint hearings with the House tion Subcommittee SD–192 Committee on Veterans Affairs to re- To hold hearings to examine competition view the legislative recommendations and concentration in the cable/video MARCH 19 of AMVETS, the American Ex-Pris- markets. 9:30 a.m. oners of War, the Vietnam Veterans of SD–226 Appropriations America, and the Retired Officers Asso- VA, HUD, and Independent Agencies Sub- ciation. APRIL 2 committee 345 Cannon Building 9:30 a.m. To hold hearings on proposed budget es- Indian Affairs Appropriations timates for fiscal year 1999 for the De- To hold hearings to examine Indian gam- Labor, Health and Human Services, and partment of Veterans Affairs, and ing issues. Education Subcommittee cemeterial expenses for the Army. Room to be announced SD–138 To hold hearings on proposed budget es- 10:00 a.m. Appropriations timates for fiscal year 1999 for the Na- Appropriations Legislative Branch Subcommittee tional Institutes of Health, Depart- Defense Subcommittee To hold hearings on proposed budget es- ment of Health and Human Services. To hold hearings on proposed budget es- timates for fiscal year 1999 for the Ar- SD–138 chitect of the Capitol, the General Ac- timates for fiscal year 1999 for the De- 10:00 a.m. counting Office, and the Government partment of Defense, focusing on Army Appropriations Printing Office. programs. Transportation Subcommittee S–128, Capitol SD–192 To hold hearings to examine airline 10:00 a.m. ticketing practices. Appropriations MARCH 26 SD–124 Commerce, Justice, State, and the Judici- 9:30 a.m. ary Subcommittee Appropriations APRIL 21 To hold hearings on proposed budget es- Labor, Health and Human Services, and 10:30 a.m. timates for the Federal Communica- Education Subcommittee Appropriations tions Commission, and the Securities To hold hearings on proposed budget es- Foreign Operations Subcommittee and Exchange Commission. timates for fiscal year 1999 for the De- S–146, Capitol To hold hearings on proposed budget es- partment of Health and Human Serv- timates for fiscal year 1999 for foreign Appropriations ices. Transportation Subcommittee assistance, focusing on crime pro- SD–138 grams. To hold hearings on proposed budget es- Appropriations Room to be announced timates for fiscal year 1999 for the De- Treasury, Postal Service, and General Gov- partment of Transportation. ernment Subcommittee SD–124 APRIL 22 To hold hearings on proposed budget es- 2:00 p.m. timates for fiscal year 1999 for the Of- 9:30 a.m. Judiciary fice of National Drug Control Policy. Indian Affairs Antitrust, Business Rights, and Competi- SD–192 To hold oversight hearings on Title V tion Subcommittee amendments to the Indian Self-Deter- To hold hearings to examine inter- MARCH 31 mination and Education Assistance national aviation agreements and anti- Act of 1975. trust immunity implications. 10:00 a.m. SR–485 SD–226 Appropriations 10:00 a.m. Agriculture, Rural Development, and Re- Appropriations MARCH 24 lated Agencies Subcommittee Defense Subcommittee To hold hearings on proposed budget es- 9:30 a.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 1999 for the timates for fiscal year 1999 for the De- Energy and Water Development Sub- Commodity Futures Trading Commis- partment of Defense, focusing on the committee sion and the Food and Drug Adminis- Ballistic Missile Defense program. To hold hearings on proposed budget es- tration. timates for fiscal year 1999 for the Corp SD–138 SD–192 E158 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1998 APRIL 23 APRIL 30 MAY 11 9:30 a.m. 9:30 a.m. 2:00 p.m. Appropriations Appropriations Appropriations Energy and Water Development Sub- VA, HUD, and Independent Agencies Sub- Defense Subcommittee committee committee To hold hearings on proposed budget es- To hold hearings on proposed budget es- To hold hearings on proposed budget es- timates for fiscal year 1999 for the De- timates for fiscal year 1999 for the Na- timates for fiscal year 1999 for the partment of Defense. tional Aeronautics and Space Adminis- Envrionmental Protection Agency, and SD–192 tration. the Council on Environmental Quality. MAY 13 SD–138 SD–138 10:00 a.m. MAY 5 APRIL 28 Appropriations 10:30 a.m. Defense Subcommittee 10:30 a.m. Appropriations To hold hearings on proposed budget es- Appropriations Foreign Operations Subcommittee timates for fiscal year 1999 for the De- Foreign Operations Subcommittee To hold hearings on proposed budget es- partment of Defense. To hold hearings on proposed budget es- timates for fiscal year 1999 for foreign SD–192 timates for foreign assistance pro- assistance programs. grams, focusing on Bosnia. Room to be announced OCTOBER 6 Room to be announced 9:30 a.m. MAY 6 Veterans’ Affairs APRIL 29 10:00 a.m. To hold joint hearings with the House 9:30 a.m. Appropriations Committee on Veterans Affairs on the Indian Affairs Defense Subcommittee legislative recommendations of the To resume hearings to examine Indian To hold hearings on proposed budget es- American Legion. gaming issues. timates for fiscal year 1999 for the De- 345 Cannon Building Room to be announced partment of Defense, focusing on the 10:00 a.m. U.S. Pacific Command. POSTPONEMENTS Appropriations SD–192 Defense Subcommittee To hold hearings on proposed budget es- MAY 7 FEBRUARY 13 timates for fiscal year 1999 for the De- 9:30 a.m. 10:00 a.m. partment of Defense, focusing on Bos- Appropriations Judiciary nian assistance. Energy and Water Development Sub- Youth Violence Subcommittee SD–192 committee To hold hearings to examine the rami- To hold hearings on proposed budget es- fications of S. 10, to reduce violent ju- timates for fiscal year 1999 for the Na- venile crime, promote accountability tional Science Foundation, and the Of- by juvenile criminals, and punish and fice of Science and Technology. deter violent gang crime. SD–138 SD–22 Wednesday, February 11, 1998. Daily Digest Senate tee on Foreign Relations and was ordered to be Chamber Action printed. Pages S662±63 Routine Proceedings, pages S599–S678 Nomination Considered: Senate resumed consider- Measures Introduced: Thirteen bills and two reso- ation of the nomination of Frederica A. Massiah- lutions were introduced, as follows: S. 1622–1634 Jackson, of Pennsylvania, to be United States Dis- and S. Con. Res. 74 and 75. Page S664 trict Judge for the Eastern District of Pennsylvania. Measures Reported: Reports were made as follows: Pages S608, S622, S628±35 Special Report entitled ‘‘History, Jurisdiction, and Nominations Confirmed: Senate confirmed the fol- A Summary of Activities of the Committee on En- lowing nominations: ergy and Natural Resources During the 104th Con- By 67 yeas to 28 nays (Vote No. 11 EX), Mar- gress’’. (S. Rept. No. 105–160) Page S664 garet M. Morrow, of California, to be United States Human Cloning Prohibition Act: Senate resumed District Judge for the Central District of California. consideration of the motion to proceed to consider- Pages S640±60, S678 ation of S. 1601, to amend title 18, United States Sally Thompson, of Kansas, to be Chief Financial Code, to prohibit the use of somatic cell nuclear Officer, Department of Agriculture. transfer technology for purposes of human cloning. Robert S. Warshaw, of New York, to be Associate Pages S599±S607 Director for National Drug Control Policy. During consideration of this measure today, Senate Pages S675, S678 took the following action: Nominations Received: Senate received the follow- By 42 yeas to 54 nays (Vote No. 10), three-fifths ing nominations: of those Senator duly chosen and sworn, not having Deborah K. Kilmer, of Idaho, to be an Assistant voted in the affirmative, Senate rejected a motion to Secretary of Commerce. close further debate on the motion to proceed to Richard H. Deane, Jr., of Georgia, to be United consideration of the bill. Pages S607±08 States Attorney for the Northern District of Georgia Reading of Washington’s Farewell Address: A for the term of four years. unanimous-consent agreement was reached providing Randall Dean Anderson, of Utah, to be United that, notwithstanding the Resolution of the Senate of States Marshal for the District of Utah for the term January 24, 1901, on Monday, February 23, 1998, of four years. immediately following the prayer and the disposition Daniel C. Byrne, of New York, to be United of the Journal, the traditional reading of Washing- States Marshal for the Eastern District of New York ton’s Farewell Address take place and the Chair be for the term of four years. authorized to appoint a Senator to perform this task. Brian Scott Roy, of Kentucky, to be United States Page S661 Marshal for the Western District of Kentucky for Subsequently, the Chair, on behalf of the Vice the term of four years. President, appointed Senator Landrieu to read the Chester J. Straub, of New York, to be United address. Page S662 States Circuit Judge for the Second Circuit. William James Ivey, of Tennessee, to be Chair- Removal of Injunction of Secrecy: The injunction person of the National Endowment for the Arts for of secrecy was removed for the following treaty: a term of four years. Protocols to the North Atlantic Treaty of 1949 on James E. Hall, of Tennessee, to be Chairman of accession of Poland, Hungary, and Czech Republic the National Transportation Safety Board for a term (Treaty Doc. 105–36) of two years. Pages S677±78 The treaty was transmitted to the Senate today, considered as having been read for the first time, and Petitions: Pages S663±64 referred, with accompanying papers, to the Commit- Executive Reports of Committees: Page S664 D82 February 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D83

Statements on Introduced Bills: Pages S664±67 Studies and Evaluation Methodology, General Gov- Additional Cosponsors: Pages S667±69 ernment Division, General Accounting Office; Ches- ter E. Finn, Jr., Hudson Institute, Washington, Notices of Hearings: Page S670 D.C., former Assistant Secretary of Education; Chris Authority for Committees: Page S670 Whittle, Edison Project, New York, New York; Eu- gene W. Hickok, Pennsylvania Department of Edu- Additional Statements: Pages S670±75 cation, Harrisburg, on behalf of the Education Lead- Record Votes: Two record votes were taken today. ers Council; David L. Brennan, HOPE Academies, (Total—11) Pages S608, S660 Cleveland, Ohio; and Henry R. Marockie, West Vir- Adjournment: Senate convened at 9:30 a.m., and ginia Department of Education, Charleston, on be- adjourned at 6:50 p.m., until 9:30 a.m., on Thurs- half of the Council of Chief State School Officers. day, February 12, 1998. (For Senate’s program, see NOMINATIONS the remarks of the Acting Majority Leader in today’s Record on page S676.) Committee on Energy and Natural Resources: Committee ordered favorably reported the nominations of Don- ald J. Barry, of Wisconsin, to be Assistant Secretary Committee Meetings of the Interior for Fish and Wildlife, and Margaret Hornbeck Greene, of Kentucky, to be a Member of (Committees not listed did not meet) the Board of Directors of the United States Enrich- BANKRUPTCY REFORM ment Corporation. Committee on Banking, Housing, and Urban Affairs: NATIONAL DISCOVERY TRAILS/HISTORIC Subcommittee on Financial Institutions and Regu- LIGHTHOUSE PRESERVATION latory Relief concluded hearings on proposals to re- Committee on Energy and Natural Resources: Committee form current bankruptcy law and provide for con- concluded hearings on S. 1069, to provide for the es- sumer bankruptcy protection, including related pro- tablishment of the American Discovery Trail as a visions of S. 1301, H.R. 3150, H.R. 3146, and H.R. component of the National Trails System, and S. 2500, after receiving testimony from Robert Gins- 1403, to provide for the establishment of a national burg, United States Bankruptcy Judge for the historic lighthouse preservation program, after re- Northern District of Illinois, on behalf of the Na- ceiving testimony from Katherine H. Stevenson, As- tional Bankruptcy Review Commission; James E. sociate Director, Cultural Resource Stewardship and Smith, Union State Bank and Trust, Clinton, Mis- Partnerships, National Park Service, Department of souri, on behalf of the American Bankers Associa- the Interior; Gloria Manning, Associate Deputy tion; Robert R. Davis, America’s Community Bank- Chief, National Forest System, Forest Service, De- ers, Washington, D.C.; Dorinda Simpson, American partment of Agriculture; Rear Adm. John T. Tozzi, Partners Federal Credit Union, Reidsville, North USCG, Assistant Commandant, Coast Guard Sys- Carolina, on behalf of the Credit Union National As- tems, United States Coast Guard, Department of sociation; Bruce L. Hammonds, MBNA Corporation, Transportation; Gordon S. Creed, Deputy Assistant Wilmington, Delaware; Oakley Orser, Belk Stores Commissioner, Office of Property Disposal, Public Services, Inc., Charlotte, North Carolina, on behalf of Buildings Service, General Services Administration; the National Retail Federation; Mark Lauritano, Reese F. Lukei, Jr., American Discovery Trail Soci- Wharton Economics Forecasting Associates Group, ety, Virginia Beach, Virginia; David Lillard, Amer- Philadelphia, Pennsylvania; Lawrence M. Ausubel, ican Hiking Society, Silver Spring, Maryland; John University of Maryland, College Park; William E. Viehman, Anyplace Wild Television, Camden, Brewer, Jr., Raleigh, North Carolina, on behalf of Maine; and Richard L. Moehl, Great Lakes Light- the National Association of Consumer Bankruptcy house Keepers Association, Dearborn, Michigan. Attorneys; and Gary Klein, National Consumer Law Center, Boston, Massachusetts. IRS REFORM Committee on Finance: Committee resumed hearings EDUCATION REFORM on proposals and recommendations to restructure and Committee on the Budget: Committee concluded hear- reform the Internal Revenue Service, including a re- ings to examine the Federal role in education reform, lated measure H.R. 2676, focusing on proposals to focusing on broad education reform strategies, in- reform the innocent spouse tax rules, receiving testi- cluding charter schools, vouchers and private man- mony from Richard Beck, New York Law School, agement and specific reforms to the current federal Elizabeth Cockrell, and Svetlana Pejanovic, all of education establishment, after receiving testimony New York, New York; David Keating, National from Susan S. Westin, Associate Director, Advanced Taxpayers Union, Alexandria, Virginia; Marjorie D84 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1998 O’Connell, O’Connell & Associates, Washington, search, Department of Health and Human Services; D.C.; Karen Andreasen, Tampa, Florida; and Jose- David Edwards, Eastman Kodak Company, Roch- phine Berman, South Orange, New Jersey. ester, New York; Cary Sennett, National Committee Hearings were recessed subject to call. for Quality Assurance, and Stuart Butler, Heritage Foundation, both of Washington, D.C.; Barry KYOTO PROTOCOL—GLOBAL WARMING Greene, Medical Group Management Association, Committee on Foreign Relations: Committee held hear- Denver, Colorado; Paul D. Clayton, Columbia Uni- ings to examine the results of the recent Kyoto Con- versity, New York, New York, on behalf of the ference and implications of the proposed Kyoto Pro- American Medical Informatics Association; and Wil- tocol on global warming, focusing on the President’s liam M. Tierney, Indiana University School of Medi- climate change technology initiative to reduce green- cine, Indianapolis. house gas emissions, receiving testimony from Stuart E. Eizenstat, Under Secretary of State for Economic, CLASSIFIED DISCLOSURES Business and Agricultural Affairs. Select Committee on Intelligence: Committee met in Hearings were recessed subject to call. closed session and ordered favorably reported an original bill to encourage the disclosure to Congress AUTHORIZATION—AGENCY FOR HEALTH of certain classified and related information. CARE POLICY AND RESEARCH Prior to this action, committee concluded hearings Committee on Labor and Human Services: Subcommittee to examine the constitutionality of certain classified on Public Health and Safety concluded hearings on disclosures to Congress as contained in Public Law proposed legislation authorizing funds for the Agen- 105–107, Intelligence Authorization Act for Fiscal cy for Health Care Policy and Research, focusing on Year 1998, after receiving testimony from Louis the current activities and recent products relating to Fisher, Senior Specialist, Congressional Research the need for health care quality improvement, after Service, Library of Congress; and Randolph Moss, receiving testimony from John M. Eisenberg, Ad- Deputy Assistant Attorney General, Office of Legal ministrator, Agency for Health Care Policy and Re- Counsel, Department of Justice. h House of Representatives California and Mr. Roland F. Herbst of California on Chamber Action the part of the House to the Commission on Main- Bills Introduced: 28 public bills, H.R. 3175–3202; taining United States Nuclear Weapons Expertise. 2 private bills, H.R.3203–3204; and 14 resolutions, Page H387 H.J. Res. 109–110, H. Con. Res. 211–217, and H. National Council on the Arts: The Chair an- Res. 354, 356–359, were introduced. Pages H445±46 nounced the Speaker’s appointment of Representa- Reports Filed: One report was filed today as fol- tives Doolittle and Ballenger to the National Coun- lows: cil on the Arts. Page H387 Consideration of H. Res. 355, Dismissing the Advisory Committee on Student Financial As- Election Contest Against Loretta Sanchez (H. Rept. sistance: The Chair announced the Speaker’s ap- 105–416). Page H445 pointment of Mr. Henry Givens of Missouri on the Speaker Pro Tempore: Read a letter from the part of the House to the Advisory Committee on Speaker wherein he designated Representative Upton Student Financial Assistance for a three-year term. to act as Speaker pro tempore for today. Page H387 Page H387 Census Monitoring Board: The Chair announced Presidential Message—Economic Report of the the Speaker’s appointment of Mr. J. Kenneth President: Read a message from the President Blackwell of Ohio and Mr. David W. Murray of Vir- wherein he transmitted his Economic Report—re- ginia on the part of the House to the Census Mon- ferred to the Joint Economic Committee and ordered itoring Board. Page H387 printed (H. Doc. 105–176). Pages H390±91 Commission on Maintaining United States Nu- Recess: The House recessed at 3:28 p.m. and recon- clear Weapons Expertise: The Chair announced the vened at 4:04 p.m. Page H391 Speaker’s appointment of Mr. Robert B. Barker of February 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D85 Consideration of Suspensions: The House agreed sight hearing on the Fiscal Year 1997 District of to H. Res. 352, the rule providing for consideration Columbia Audit Report and the Chief Financial Of- of motions to suspend the rules by a yea and nay ficer. Testimony was heard from G. Edward DeSeve, vote of 217 yeas to 191 nays, Roll No. 12. Acting Deputy Director, OMB; the following offi- Pages H391±95 cials of the District of Columbia: Marion Barry, Recess: The House recessed at 4:32 p.m. and recon- Mayor; Linda Cropp, Chair, City Council and An- vened at 5:01 p.m. Page H394 thony Williams, Chief Financial Officer; Andrew Brimmer, Chairman, D.C. Financial and Responsibil- Suspensions: The House agreed to suspend the rules ity and Management Assistance Authority; and a and pass the following measures: public witness. Daycare Fairness for Stay-at-Home Parents: H. Con. Res. 202, amended, expressing the sense of the QUALITY CHILD CARE FOR FEDERAL Congress that the Federal Government should ac- EMPLOYEES ACT knowledge the importance of at-home parents and Committee on Government Reform and Oversight: Sub- should not discriminate against families who forego committee on Government Management, Informa- a second income in order for a mother or father to tion, and Technology held a hearing on H.R. 2982, be at home with their children (passed by a yea and Quality Child Care for Federal Employees Act. Testi- nay vote of 409 yeas with none voting ‘‘nay’’ and 3 mony was heard from Susan Clampett, Associate Ad- voting ‘‘present’’, Roll No. 13; and agreed to amend ministrator, Management and Workplace Programs, the title); and Pages H395±H402 GSA. National Sea Grant College Program: S. 927, Hearings continue tomorrow. amended, to reauthorize the Sea Grant Program. f Pages H403±08 Committee Election: The House agreed to H. Res. COMMITTEE MEETINGS FOR THURSDAY, 354, electing Representative Rogan to the Commit- FEBRUARY 12, 1998 tee on the Judiciary and Representative Granger to (Committee meetings are open unless otherwise indicated) the Committee on National Security. Page H408 Senate Quorum Calls—Votes: Two yea and nay votes de- Committee on Armed Services, to resume hearings on pro- veloped during the proceedings of the House today posed legislation authorizing funds for fiscal year 1999 and appear on pages H394–95 and H402. There for the Department of Defense and the future years de- were no quorum calls. fense program, 10 a.m., SH–216. Adjournment: Met at 3:00 p.m. and adjourned at Committee on the Budget, to hold hearings on unfunded 10:09 p.m. private sector mandates, 2 p.m., SD–608. Committee on Commerce, Science, and Transportation, to hold hearings on the nomination of Winter D. Horton Committee Meetings Jr., of Utah, to be a Member of the Board of Directors FOREIGN OPERATIONS, EXPORT of the Corporation for Public Broadcasting, 9:30 a.m., SR–253. FINANCING AND RELATED PROGRAMS Full Committee, to hold hearings on S. 1422, to pro- APPROPRIATIONS mote competition in the market for delivery of multi- Committee on Appropriations: Subcommittee on Foreign channel video programming, 10 a.m., SR–253. Operations, Export Financing and Related Programs Subcommittee on Aviation, to hold hearings on financ- held a hearing on the Secretary of the Treasury. Tes- ing the Airport Improvement Program, 2 p.m., SR–253. timony was heard from Robert E. Rubin, Secretary Committee on Energy and Natural Resources, Subcommittee of the Treasury. on National Parks, Historic Preservation, and Recreation, to hold hearings on S. 62, to prohibit further extension TRANSPORTATION APPROPRIATIONS or establishment of any national monument in Idaho without full public participation, S. 477, to require an Committee on Appropriations: Subcommittee on Trans- Act of Congress and the consultation with State legisla- portation held a hearing on the National Transpor- ture prior to the establishment by the President of na- tation Safety Board. Testimony was heard from tional monuments, S. 691, to ensure that the public and James E. Hall, Chairman, National Transportation the Congress have the right and opportunity to partici- Safety Board. pate in decisions that affect the use and management of OVERSIGHT—DC AUDIT REPORT/CFO all public lands, H.R. 901, to preserve the sovereignty of the U.S. over public lands, and H.R. 1127, to amend the Committee on Government Reform and Oversight: Sub- Antiquities Act regarding the establishment by the Presi- committee on the District of Columbia held an over- dent of certain national monuments, 2 p.m., SD–366. D86 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1998

Committee on Foreign Relations, to hold hearings to exam- Subcommittee on Oversight and Investigations, hearing ine the International Monetary Fund’s role in the Asian on the Department of Energy’s funding of Molten Metal financial crisis, 2 p.m., SD–419. Technology, 10 a.m., 2322 Rayburn. Committee on Governmental Affairs, Subcommittee on Committee on Education and the Workforce, to consider Oversight of Government Management, Restructuring Contract Agreements with those providing services to the and the District of Columbia, to hold hearings to exam- Committee in relation to the oversight investigation of ine adoption and foster care reform measures in the Dis- the International Brotherhood of Teamsters election, trict of Columbia, 9 a.m., SD–342. 11:15 a.m., 2175 Rayburn. Committee on the Judiciary, business meeting, to consider Committee on Government Reform and Oversight, to con- pending calendar business, 10 a.m., SD–226. tinue hearings on Patient Access to Alternative Treat- Committee on Labor and Human Resources, to hold hear- ments: Beyond the FDA, 1 p.m., 2154 Rayburn. ings on proposed legislation authorizing funds for the Subcommittee on Government Management, Informa- Education of the Deaf Act of 1986, 10 a.m., SD–430. tion, and Technology, to continue hearings on H.R. Committee on Small Business, to hold hearings on propos- 2982, Quality Child Care for Federal Employees, 9:30 als to reform the Internal Revenue Service, 9:30 a.m., a.m., hearing and markup of H.R. 2883, Government SR–428A. Performance and Results Act Technical Amendments of Committee on Indian Affairs, to hold hearings on the In- 1997; and to mark up H.R. 2982, 10 a.m., 2154 Ray- dian provisions contained in S. 1414, S. 1415, and S. burn. 1530, bills to reform and restructure the processes by Subcommittee on Human Resources, oversight hearing which tobacco products are manufactured, marketed, and on Pension Security: DOL Erisa Enforcement and the distributed, to prevent the use of tobacco products by mi- Limited Scope Audit Exemption, 9:30 a.m., 2203 Ray- nors and to redress the adverse health effects of tobacco burn. use, 9:30 a.m., SR–485. Committee on International Relations, hearing on the Ad- ministration’s Fiscal Year 1999 International Affairs NOTICE Budget request, 10 a.m., 2172 Rayburn. For a listing of Senate committee meetings sched- Subcommittee on Asia and the Pacific, to mark up H. uled ahead, see pages E155–58 in today’s Record. Res. 350, Congratulating the people of Sri Lanka on the Occasion of the fiftieth anniversary of their nation’s inde- House pendence; to be followed by a hearing on U.S. Interests in the Central Asian Republics, 2 p.m., 2172 Rayburn. Committee on Appropriations, Subcommittee on Agri- Subcommittee on International Operations and Human culture, Rural Development, Food and Drug Administra- Rights, to mark up the following measures: H.R. 2678, tion, and Related Agencies, on the Secretary of Agri- culture, 10:30 a.m., 2362A Rayburn. International Child Labor Elimination Act of 1997; and Subcommittee on Labor, Health and Human Services, S. Con. Res. 37, expressing the sense of Congress that and Education, on the Secretary of Labor, 10 a.m., 2358 Little League Baseball Inc. was established to support and Rayburn. develop Little League baseball worldwide and should be Subcommittee on Legislative, on the Joint Committee entitled to all of the benefits and privileges available to on Printing and on Congressional and public witnesses, non-governmental international organizations, 1 p.m., 9 a.m., H–144 Capitol. 2200 Rayburn. Subcommittee on Military Construction, on Overview, Committee on the Judiciary, Subcommittee on Commer- 11 a.m., B–300 Rayburn. cial and Administrative Law, hearing on the following Subcommittee on National Security, on Medical Pro- bills: H.R. 2604, Religious Liberty and Charitable Dona- grams, 10 a.m., 2359 Rayburn. tion Protection Act of 1997; and H.R. 2611, Religious Subcommittee on Transportation, on the Office of In- Fairness in Bankruptcy Act of 1997, 10 a.m., 2237 Ray- spector General, 10 a.m., and the GAO, 2 p.m., 2358 burn. Rayburn. Subcommittee on Courts and Intellectual Property, Subcommittee on VA, HUD, and Independent Agen- hearing on the following bills: H.R. 2652, Collections of cies, on Chemical Safety and Hazard Investigation Board, Information Antipiracy Act; and H.R. 3163, Trade Dress 9 a.m., on DOD-Civil, Cemeterial Expenses, Army, 10 Protection Act; and to hold an oversight hearing regard- a.m., and on the Council on Environmental Quality, 11 ing Internet domain name trademark protection, 10 a.m., a.m., H–143 Capitol. 2226 Rayburn. Committee on Banking and Financial Services, to consider Committee on National Security, hearing on Threats to pending Committee business; and to hold a hearing on United States National Security, 9:30 a.m., 2118 Ray- the restitution of art objects seized by the Nazi from burn. Holocaust victims and on insurance claims of certain Hol- Committee on Resources, Subcommittee on Fisheries Con- ocaust victims and their heirs, 9:30 a.m., and 1:30 p.m., servation, Wildlife and Oceans, to mark up the following 2128 Rayburn. bills: H.R. 2807, Rhino and Tiger Product Labeling Act; Committee on Commerce, Subcommittee on Health and H.R. 3113, Rhinoceros and Tiger Conservation Reauthor- Environment, hearing on Cloning: Legal, Medical, Ethi- ization Act of 1998; and H.R. 3164, Hydrographic Serv- cal, and Social Issues, 11 a.m., 2123 Rayburn. ices Improvement Act of 1998, 2 p.m., 1324 Longworth. February 11, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D87

Subcommittee on Forests and Forest Health, oversight Committee on Veterans’ Affairs, hearing on the Depart- hearing on Tucson Rod and Gun Club, Arizona, 10 a.m., ment of Veterans Affairs budget request for FY 1999, 1324 Longworth 9:30 a.m., 334 Cannon. Committee on Science, to continue hearings on the Road Committee on Ways and Means, to continue hearings on from Kyoto Part 2: Kyoto and the Administration’s Fiscal ways to reduce the Federal tax burden on the American Year 1999 Budget request, 10 a.m., 2318 Rayburn. public, 10 a.m., 1100 Longworth. Subcommittee on Space and Aeronautics, hearing on Subcommittee on Trade, hearing on U.S. efforts to re- Aeronautics and Space Transportation Technology, 1 duce barriers to trade in agriculture, 2 p.m., B–318 Ray- p.m., 2318 Rayburn. burn. Committee on Small Business, hearing to examine Federal Agency compliance with section 610 of the Regulatory Flexibility Act, 10 a.m., 2360 Rayburn. D88 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 12 10 a.m., Thursday, February 12

Senate Chamber House Chamber Program for Thursday: After the recognition of certain Program for Thursday: Consideration of H. Res. 355, Senators for speeches and the transaction of any morning Regarding the Contested Election in the 46th Congres- business (not to extend beyond 2 p.m.), Senate may con- sional District of California; and sider any cleared legislative or executive business. Consideration of 1 suspension: H.R. 1428, Voter Eligi- bility Verification Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E137 Roukema, Marge, N.J., E128 Hutchinson, Asa, Ark., E149 Sanchez, Loretta, Calif., E128 Ackerman, Gary L., N.Y., E141 Jenkins, William L., Tenn., E140 Schumer, Charles E., N.Y., E128, E152 Aderholt, Robert B., Ala., E143 Kildee, Dale E., Mich., E136, E138 Skelton, Ike, Mo., E131 Bentsen, Ken, Tex., E147 Kleczka, Gerald D., Wisc., E135, E136 Slaughter, Louise McIntosh, N.Y., E132 Bilirakis, Michael, Fla., E127 LaFalce, John J., N.Y., E150 Smith, Christopher H., N.J., E141 Blunt, Roy, Mo., E149 Lantos, Tom, Calif., E137, E144 Solomon, Gerald B.H., N.Y., E125 Bonior, David E., Mich., E142 Lipinski, William O., Ill., E132, E135 Stabenow, Debbie, Mich., E142 Boyd, Allen, Fla., E139, E146 Maloney, Carolyn B., N.Y., E128 Stark, Fortney Pete, Calif., E133, E135, E138, E148 Brown, George E., Jr., Calif., E140 Miller, George, Calif., E125, E130 Stokes, Louis, Ohio, E146, E153 Burton, Dan, Ind., E138 Mink, Patsy T., Hawaii, E148 Tauzin, W.J. (Billy), La., E146 Christensen, Jon, Nebr., E127 Morella, Constance A., Md., E129, E136, E139 Tierney, John F., Mass., E130 Clyburn, James E., S.C., E133, E135 Norton, Eleanor Holmes, D.C., E140 Towns, Edolphus, N.Y., E132, E153 Crapo, Michael D., Ida., E131 Ortiz, Solomon P., Tex., E142 Traficant, James A., Jr., Ohio, E129 Davis, Thomas M., Va., E131 Oxley, Michael G., Ohio, E139 Underwood, Robert A., Guam, E129 Deutsch, Peter, Fla., E141 Pascrell, Bill, Jr., N.J., E139 Vento, Bruce F., Minn., E147 Ewing, Thomas W., Ill., E143 Radanovich, George P., Calif., E125, E130 Watts, J.C., Jr., Okla., E137 Forbes, Michael P., N.Y., E138 Riggs, Frank, Calif., E143 Weller, Jerry, Ill., E140 Franks, Bob, N.J., E134 Rohrabacher, Dana, Calif., E153 Weygand, Robert A., R.I., E134, E136 Frelinghuysen, Rodney P., N.J., E143 Ros-Lehtinen, Ileana, Fla., E129

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