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

Vol. 142 WASHINGTON, TUESDAY, JUNE 11, 1996 No. 85 House of Representatives

The House met at 9 a.m. and was The headlines in this morning’s where the next team of Woodward and called to order by the Speaker pro tem- Washington Times indicate how this Bernstein might be found, and one also pore [Mr. SHAW]. credibility canyon continues to widen. wonders what the results of an inves- f Lists of files may be incomplete. White tigation would bring or, given the pre- House stories face Hill questions. But, vailing advocacy of journalists in this DESIGNATION OF SPEAKER PRO Mr. Speaker, there are more than ques- town, would the book written be titled, TEMPORE tions which will emanate from this maybe ‘‘One or Two of the President’s The SPEAKER pro tempore laid be- Chamber and in committee. There are Low-Level Functionaries’’ instead of fore the House the following commu- questions that the American people the title ‘‘All the President’s Men.’’ nication from the Speaker: have about the stewardship of the Pres- It is very interesting, Mr. Speaker, to WASHINGTON, DC, idency, about the veracity of claims come here from elsewhere, to come June 11, 1996. made by this President and, again, the here from the heartland of America I hereby designate the Honorable E. CLAY disparity between the rhetoric and the and to see this dichotomy between SHAW, Jr., to act as Speaker pro tempore on reality. rhetoric and reality. Mr. Speaker, this this day. How unfortunate it is, Mr. Speaker, Congress will move to close the credi- NEWT GINGRICH, that this administration and, in par- bility canyon. Speaker of the House of Representatives. ticular, this President are not defined f by the innocent question, what can he f MORNING BUSINESS do or what can we do together to solve America’s problems. Indeed, Mr. The SPEAKER pro tempore. Pursu- CONGRATULATIONS TO THE Speaker, the question that we hear COLORADO AVALANCHE ant to the order of the House of May 12, from coast to coast and, indeed, in the 1995, the Chair will now recognize Sixth District of Arizona, is this one: The SPEAKER pro tempore. Under Members from lists submitted by the How can the President explain it away the Speaker’s announced policy of May majority and minority leaders for this time? What verbal gyrations, gym- 12, 1995, the gentlewoman from Colo- morning hour debates. The Chair will nastics, contortions will be brought to rado [Mrs. SCHROEDER] is recognized alternate recognition between the par- bear to put the best face on obtaining during morning business for 5 minutes. ties with each party limited to 25 min- hundreds of FBI files on members of Mrs. SCHROEDER. Mr. Speaker, I utes, and each Member other than the the Republican Party? Our President hope everybody knows what this is be- majority and the minority leader lim- would have us believe plaintively that cause if they do not, they are going to ited to 5 minutes, but in no event shall it was, ‘‘an honest snafu.’’ by the end of the day. In Colorado, this debate continue beyond 9:50 a.m. Well, he is partially right. Snafu is is gold. This is the wonderful jersey of The Chair recognizes the gentleman an accurate term. But as for the first the Avalanche who last night won all from Arizona [Mr. HAYWORTH] for 5 word mentioned, the American people of our hearts by winning the Stanley minutes. have serious questions. Cup in four straight games—four f It is a tragedy that those in the exec- straight games. And this was their utive branch fail to understand the very first season in Colorado. THE CREDIBILITY CANYON missive of Mark Twain, who wrote that Now, my district is normally a mile Mr. HAYWORTH. Mr. Speaker, I rise history does not repeat itself but it high, but today I think it is 2 miles this morning first to bring greetings to rhymes. Mr. Speaker, I read with inter- high. I cannot tell you the excitement. you and those who look in from the est the comments of Daniel Schorr, the And I know I should apologize to all of Grand Canyon State of Arizona. As liberal media commentator who to his you who are here who were awakened proud as Arizonans and indeed all credit in the wake of what transpired last night at about 1:04 in the morning Americans are of the Grand Canyon, 25 years ago during a Republican ad- when the winning goal was made, but rhetorically and in terms of actions ministration now says of this adminis- we are not going to apologize because within this city of Washington, DC, tration, what makes these people be- we think it is great that you were there is, indeed, a credibility canyon, lieve that the FBI is their private do- awakened by people from Colorado not a gap but a canyon, an main to do their private bidding in cheering everywhere. everwidening chasm between the rhet- terms of political investigations. In- In fact, we are even talking this oric of our President and the reality of deed, the challenge exists for journal- morning about renaming the Rocky his actions and inactions. ists in this town. Indeed, one wonders Mountains to the Hockey Mountains. I

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.

H6119 H6120 CONGRESSIONAL RECORD — HOUSE June 11, 1996 think they are going to find that hock- 12, 1995, the gentleman from North nal Cord Injury Planning Counsel, and ey fever has taken over and is abso- Carolina [Mr. BURR] is recognized dur- on the emergency medical services lutely captivating. ing morning business for 5 minutes. task force on spinal cord injury. Gene Some of the things that I particu- Mr. BURR. Mr. Speaker, this Sunday was also very active in national neuro- larly want to point out as we talk is Father’s Day, a day when millions of surgery organizations. For example, he today is this wonderful, wonderful Americans will thank their fathers for was chairman of the program evalua- team. You just heard 5 minutes of the the special role they play in all our tion committee for the 1994 Congress of same kind of thing we hear over and lives—for being a protector and a pro- Neurological Surgeons Annual Meeting over again. The fabulous thing about vider, for being a counselor, a mentor and he had major roles in several other this Avalanche team is they have acted and a friend. On this morning, I would national meetings. as a team. I do not know if it was their like to take a few moments to share Dr. Gene Rossitch’s commitment to marvelous Canadian trained organiza- with my colleagues the story of a gift- finding new ways to treat spinal injury tion, whatever, but you do not see egos ed doctor, a trusted teacher and most patients can be found in the 61 original popping out. You see them working to- importantly a wonderful father, the scientific journal publications he ei- gether and liking each other, and look story of Dr. Eugene Rossitch, Jr. ther authored or coauthored. Gene was what they did in 1 year. There may be On November 18, 1994, Gene Rossitch also the coeditor of three books. Two some real messages there for politi- drowned off a Florida beach while suc- dealt with the history of neurosurgery cians, some tremendous messages for cessfully saving his young son. I would and the third, ‘‘A Handbook of Neuro- politicians. like to focus this morning, however, on surgery for House Officers and Medical So I think I would be remiss not to the inspirational life of Gene Rossitch, Students.’’ demonstrates Gene’s desire thank our wonderful neighbors to the who accomplished so much in his 35 to share his vast knowledge with his north in Quebec who helped train this years with us. fellow surgeons of how to treat spinal great team and, of course, everybody is On February 18, 1959, in Guines, Cuba, cord injuries. particularly fond of the goalie who Eugene and Carmen Rossitch were While at the Brigham and Women’s happens to share my first name, but we blessed by the birth of their first child, and Children’s Hospitals, Dr. Rossitch are so proud of him. But he would not Gene Rossitch, Jr. In 1962, when little supervised the research work of a num- want to be singled out because they Gene was 3 years old, his parents left ber of medical students, residents and really see themselves as a total work- Cuba with only one suitcase and their visiting research fellows. Gene also ing unit. That is kind of a novel con- wedding picture and moved the family served as a preceptor for the Introduc- cept when it comes to politics, but it to the United States. The Rossitches tion to Clinical Medicine Course at the could be something we could all learn settled in my hometown of Winston- Harvard Medical School. from. Salem, NC, where they raised Gene and I have never encountered a more im- We know today that Colorado is his four younger brothers. pressive record of service and achieve- going to be a work-free zone. It is going With the support and guidance of a ment than that of Dr. Gene Rossitch, to be a total work-free zone. The ques- loving and successful family, Gene Jr. He was recognized by his patients tion is whether the whole week we are began to compile a record of extraor- and by those in his field as a gifted and going to be a work-free zone only be- dinary academic achievement that gentle surgeon and caregiver, as an in- cause we are celebrating this great vic- marked his entire life. While in high novative researcher, and as a trusted tory. I think all of America can cele- school, Gene was the State president of mentor and teacher of spinal cord in- brate it, and I mean all of North Amer- the North Carolina National Honor So- jury medicine. ica, Canadians and North Americans ciety before graduating first in his Dr. Gene Rossitch’s career is a testa- because of the great example they set class from Bishop McGuiness High ment to this young man’s dedication to in showing how to do this, how to do School in Winston-Salem. his studies, his sincere concern for his this together, how to do this without Gene then attended the University of fellow man, and to a willingness to ego, how to make it not look like they North Carolina at Chapel Hill as a fully utilize the gifts that God be- were kind of throwing it to drag it out Morehead Scholar. He graduated from stowed upon him. But as a friend of the and make more money, all the things UNC Phi Beta Kappa and then pursued Rossitches, I know that the true center that have circulated around some of his medical studies at the Duke Uni- of Gene’s remarkable life was his fam- the things we have heard in profes- versity School of Medicine. While at ily. Gene met his wife Cindy while at- sional sports. This is about values, and Duke, Gene was awarded the John H. tending the Duke University School of they have really shown us some tre- Watson, Jr., Medical Fellowship and Medicine and was blessed with three mendous values that are the kind that children: Eugene III, Katharine, and we traditionally had in sports. was inducted into the Alpha Omega That is wonderful to see come back Alpha Medical Honor Society. Elizabeth. And despite the demands of again. So to see the young people in Following his internship at the Duke his clinical schedule, Gene always Colorado out there with their roller University Medical Center, Gene began found time to spend with his family blades playing hockey is very exciting. his residency in neurological surgery and could be seen on weekends at I will tell you, we may not have had at Duke, which included 2 years as a Chuck E. Cheese, art galleries, and ice the hockey players we would like to research fellow in neurosurgery at cream parlors with his wife and chil- have had in the past, but I will bet this Brigham and Women’s and Children’s dren. next generation is going to be there. It Hospitals. During that time, Gene be- Perhaps the best way to look at how is basically going to be because of the came the first recipient of the Cushing special a person Gene was is to see him leadership and the example of these History of Medicine Fellowship. And through the eyes of the mother of one wonderful, wonderful men who wore shortly thereafter, he completed a clin- of his patients. The day before Gene this wonderful, wonderful jersey. I ical fellowship in spinal surgery at left for Florida with his family for think if anybody wants one of these, Duke. their vacation, he performed a 7-hour good luck. I am not giving mine up, Gene’s remarkable career then led operation repairing a congenital abnor- and they are not giving theirs up. him back to Massachusetts, where he mality in the neck of Michael The SPEAKER pro tempore. This was appointed assistant professor of O’Loughlin, a 12-year-old boy. gentleman from Florida would say to surgery at Harvard Medical School and The night before Mike’s surgery, the the gentlewoman from Colorado that attending neurosurgeon at the boy was in terrible pain and Mrs. she is justifiably proud, but I did find Brigham and Women’s and Children’s O’Loughlin asked Gene whether they some pain in her comments. Hospitals in 1992. Gene was the spinal were doing the right thing by operat- f surgery specialist at both hospitals. ing. Mrs. O’Loughlin remembers asking Dr. Gene Rossitch’s service was not Dr. Rossitch whether he would perform IN HONOR OF EUGENE ROSSITCH, limited to the operating room. Gene the operation if Mike were his own son. JR., M.D. served on the premedical advisory Gene told here, ‘‘Absolutely, without The SPEAKER pro tempore. Under board of the Currier House at Harvard question.’’ Mrs. O’Loughlin tells how the Speaker’s announced policy of May University, on the Greater Boston Spi- Gene insisted that the operation be June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6121 done at Brigham and Women’s Hospital But I certainly do understand why he help people come off of welfare and be- because he preferred their operating wants to escape from the 104th Con- come taxpayers. room. And when the hospital refused to gress, the Congress which the gen- There are no tax cuts for working take Mike because he was underage tleman from Georgia [Mr. GINGRICH] families that Mr. DOLE can point to and underweight, Gene went before the called his ‘‘revolution.’’ from the 104th Congress. The Gingrich- hospital board to get permission. Take a look at what Mr. DOLE is Dole Republicans have wanted to make The day of the operation, the proce- leaving behind as he leaves Washing- tax cuts for the wealthy, to cut Medi- dure took much longer than the family ton, DC. First, the failure of this 104th care to come up with money to give to expected. But at 7 o’clock, Gene Republican Congress to enact meaning- wealthy individuals. Rossitch came out to tell them every- ful health insurance reform. Families But what the President has proposed thing had gone perfectly. Gene also that I speak to across the State of Illi- is much more sensible: Let us give told the family that the x rays had not nois and around the country are justifi- working families a helping hand to pay shown how serious the problem had ably concerned about the availability for the college education of their kids. been and how glad he was that he had and cost of health insurance. There is a Now, that is something that families performed the operation before leaving bipartisan bill, the Kennedy-Kasse- all over America can identify with. on vacation. Mrs. O’Loughlin says, ‘‘I baum bill, that is languishing now be- People, when they have a new baby in absolutely believe Gene Rossitch saved tween the House and the Senate wait- the family, go over and greet the new Mike’s life.’’ ing for enactment. Mr. DOLE will be baby and congratulate the new parents, A few days later, Gene’s last heroic leaving Washington without the enact- and after a few minutes inevitably the act was to save his own son from ment of this important health insur- conversation turns to, well, we better drowning in choppy ocean waters near ance reform legislation to help work- start saving some money for this little Ft. Lauderdale. I find Gene’s last, he- ing families. boy or this little girl and their college roic act a fitting one because Gene Second, Mr. DOLE is leaving town education. President Clinton has a proposal to Rossitch’s lifwork had been saving the without a minimum-wage increase. give working families a helping hand, a lives of others. That is something that is long overdue. tax deduction or a tax credit to pay for And since his death, his colleagues Fortunately, 30 or 40 Republicans college education expenses. Mr. GING- have seen fit to honor the life and work broke from Speaker GINGRICH here in RICH and Mr. DOLE will hear nothing of of Gene Rossitch. The Humane Society the House of Representatives and this, and, as a consequence, Mr. DOLE of the Commonwealth of Massachusetts joined the Democrats in passing mini- mum-wage increase legislation just a will leave Washington without having has honored Gene with their silver done anything in the 104th Congress to medal and has donated $2,500 toward a few weeks ago, but Mr. DOLE will be leaving town without this bill being en- help expand that opportunity. children’s fund named in honor of Dr. There have been no improvements in acted into law. Rossitch that has been established at pension security. A lot of workers He came into Chicago a few weeks Brigham and Children’s Hospital. On across America are paying into pension ago and took off his tie, and put on a June 27, there will be a dedication of funds wondering if the time comes sports coat and said, ‘‘I’m just a plain the Eugene Rossitch, Jr., M.D. Resi- when they retire that the money will individual out here running for Presi- dents’ Library at the Brigham and be there. The gentleman from Georgia dent, just one of the people.’’ I hope he Children’s Hospital in Boston, MA. And [GINGRICH] has provided in his own bill gets a chance in that capacity to meet finally, on November 22, the Duke Med- opportunities for corporations to raid some minimum-wage workers, and I ical Alumni Association will honor these pension funds. The people that I hope they get a chance to ask Mr. DOLE Gene Rossitch by posthumously award- speak to, the workers I speak to, want why he left town without helping them ing him its Humanitarian Award. security in those pension funds. It is a and their families cope with the in- Literally thousands of people enjoy shame that Mr. DOLE is leaving Wash- more fulfilling lives because they were creasing cost of raising their families ington without the 104th Congress hav- touched by the life of Gene Rossitch. and providing for a sound future. ing addressed that. And on this Father’s Day, I will join He will be leaving town without a And, finally, no improvements in en- Gene’s family, his colleagues, his pa- balanced budget, and that is something vironmental protection. In fact, the which could have been achieved with tients, and his community in thanking Republican budget that Mr. GINGRICH bipartisan cooperation. God that I was fortunate enough to and Mr. DOLE worked on would cut the come into contact with the remarkable Mr. DOLE will be leaving Washington number of Superfund sites that will be life of Dr. Gene Rossitch, Jr. without this 104th Congress having eradicated in this country. acted to expand access to educational f It is understandable that Mr. DOLE is opportunity. Instead, the Gingrich- leaving Washington. Certainly we can b 0915 Dole agenda cut back on college stu- understand why a presidential can- dent loans for kids from working fami- DOLE LEAVING THE SCENE didate would want to leave the scene of lies. I do not understand that. I would this political accident known as the The SPEAKER pro tempore (Mr. not be standing here today if it were 104th Congress. SHAW). Under the Speaker’s announced not for a college student loan through f policy of May 12, 1995, the gentleman the Federal Government. My story has from Illinois [Mr. DURBIN] is recognized been repeated millions of times over in IT IS TIME TO FACE OUR REAL during morning business for 5 minutes. the United States: kids from working PROBLEMS IN THIS COUNTRY Mr. DURBIN. Mr. Speaker, today is families who could not afford college The SPEAKER pro tempore. Under the day of the ‘‘great escape.’’ The pre- tuition turn to the Government for a the Speaker’s announced policy of May sumptive Republican Presidential helping hand. Instead of providing that 12, 1995, the gentleman from Florida nominee, ROBERT DOLE, is leaving the hand, the Gingrich-Dole Congress has [Mr. MICA] is recognized during morn- U.S. Senate after 35 years of service on basically cut off educational oppor- ing business for 5 minutes. Capitol Hill. tunity for so many kids, not only at Mr. MICA. Mr. Speaker and my col- As a loyal Democrat, let me first sa- the college level but also at the lower leagues, I picked up this morning’s lute Mr. DOLE. His service to his coun- levels. newspaper with dismay and read about try, both in World War II and since, has There has been no real welfare re- the President of the United States been exemplary. He has been a legisla- form when there should have been. We traveling across the country. I guess he tive leader, one that is virtually unpar- ought to be able to agree that this wel- was in Las Vegas yesterday looking for alleled in terms of his own party’s lead- fare system can be reformed meaning- answers to some of the problems facing ership, and he has been at the table fully, that we can, in fact, have provi- our Nation. In particular he said he is when many of the most important leg- sions that are tough on work but not obsessed with the juvenile crime prob- islative achievements of the last sev- tough on kids, and unfortunately the lems. So he is wandering around the eral generations have been enacted, Gingrich-Dole proposal was not one country trying to find out what has and I salute him for that. that really would reform welfare and caused juvenile crime. H6122 CONGRESSIONAL RECORD — HOUSE June 11, 1996 I submit, Mr. Speaker and my col- and last night watched on TV the pub- health insurance or transferring their leagues, he does not really have to look lic housing that we would not put our health insurance if they lose their jobs too far. All he has to do is look at his dog in, and that is the alternative that or they go to a new job. And so on a bi- policies and see what has generated is offered by the other side, these old partisan basis the Senators, Senator crime particularly with our juveniles ideas, and that is what we are seeing in KENNEDY and Senator KASSEBAUM, said in this country. I submit, Mr. Speaker, our public housing facilities. that they would like to make some that if we look at the policy of the past So the problem is here in Congress. changes, relatively minor changes, but 40 years—the policy of the other side of We have created the problem. And we still significant for a lot of people in the aisle, we will see what they have will have a choice, the American peo- this country, that would allow people, sown we are now reaping with our chil- ple will have a choice. Do we continue when they lose a job or change jobs, to dren. down the path of the last 40 years, do take their health insurance with them, I submit that people who laughed at we continue with ignoring the drug this so-called portability concept, and Dan Quayle when he talked about fam- policy? The President mentioned chil- also that people who have preexisting ily values are now having a sober mo- dren in one speech 46 times, but he conditions, who have had handicaps, ment, and all we need do my col- rarely mentions the drug problem in who have operations or whatever, who leagues, is look at what we have legis- this country: heroin on the increase, oftentimes find it difficult to buy lated in this country to see what our methamphetamines, designer drugs, health insurance would not be short- children are doing. I submit, Mr. cocaine, marijuana that is frying the changed, would still be able to buy Speaker, that the President of the brains of our young people, and he will health insurance because preexisting United States can offer curfews, he can not mention it, and the media will not conditions, health conditions, could offer uniforms, he can offer to regulate mention it. not be a basis, in many cases, for deny- cigarettes, he can offer to put v-chips Someone has got to mention it be- ing them coverage. in televisions, and those are not the cause this is destroying this genera- Well, we were all very much in favor answers of what is wrong or what will tion, and I have had it with this admin- of that. But here comes the Republican cure the problems with our young peo- istration, I have had it with this Presi- leadership, specifically Speaker GING- ple. dent, and I have had it with the solu- RICH, that want to attach to that very I say to my colleagues that what this tions of the other side of this aisle, and good legislation what they call medical Congress has done, creating a system it is time we got serious and answered savings accounts, which I call nothing of dependency, creating a system of the real problems facing our children more than a way for the healthy and welfare, creating a system where a and our country. the wealthy in this country to take ad- child has not seen a parent work, f vantage of health insurance at the ex- where we have lost the work ethic, pense of everyone else. What medical AMERICAN WORKERS NEED PORT- where the answer is that government savings accounts do is basically allow ABILITY IN HEALTH INSURANCE should come up with another program, people to opt for catastrophic coverage, another credit, another directive from The SPEAKER pro tempore. Under and they pay out of pocket for the cov- Washington; that is what the answers the Speaker’s announced policy of May erage for other daily expenses that are have been, and this is what we receive. 12, 1995, the gentleman from New Jer- not part of that catastrophic umbrella And then we look at the problems. sey [Mr. PALLONE] is recognized during policy. The President is meeting with local morning business for 4 minutes. The problem with it is that it breaks law enforcement agencies’ officers and Mr. PALLONE. Mr. Speaker, today is the health insurance pool. The reason agencies, and I have met with them, a very sad day from the point of view why health insurance stays at a cer- and they tell us that 70 percent of the of the Nation’s health insurance needs, tain level and the price does not go up crime in this country is related to and I say that because later on this even more is because everyone is in the drugs. We spent, during the Reagan and morning there will be a motion to go to insurance pool. But if we take the the Bush administration, years getting conference on the health care insur- healthy and wealthy out of the pool drug use to go down, telling students ance reform bill, the Kennedy-Kasse- and we give them a catastrophic um- just say ‘‘no,’’ and what did this Presi- baum bill as it is known, and will also brella policy, then the people that are dent do? First he fired just about ev- be dealing with a budget that has come left in the insurance pool end up pay- eryone in the drug czar’s office. What back from a conference between the ing more because they are poorer and was his next step? He hired a chief House and the Senate which makes less healthy. And that is what the med- health officer of the country, who major negative—has a major negative ical savings accounts seek to do. They turned into a farce, Jocelyn Elders, and impact on the Medicare and Medicaid are healthy, wealthy savings accounts what did she say? She said, ‘‘Just say Program. And it really did not have to essentially, and we know that the con- ‘maybe’.’’ Our kids are not dumb; they be this way, but unfortunately the Re- sequence of them is that the average saw what this meant: Try it. And they publican leadership keeps insisting on costs of health insurance will go up for are trying it, and we are reaping the raiding Medicare and Medicaid pri- those people who are employed and in harvest of this administration. marily to pay tax breaks for wealthy the work force. And then he cut interdiction, inter- Americans and also insists on putting b diction, 70 percent of the drugs coming in what I call, and the President has 0930 through Mexico, and rewarded Mexico. called, I think, the poison pill into the So I once again say today, we must This is the policy that we have seen. Kennedy-Kassebaum health care re- put a stop to this Republican policy. We know we can legislate, and unless form legislation of medical savings ac- Essentially it is an effort to act for we pass legislation that encourages counts. special interests. There is the Golden families to care for their own, unless If I could just take a minute, Mr. Rule Insurance Co. that has contrib- we return to Judeo-Christian values, Speaker, to explain why I think that uted a lot to the Republican Party over until we have a tax policy that does there are some very bad developments the years that has been advocating not take away opportunities for our that are occurring today primarily be- these special type of accounts for the young people to work with minimum cause of the Republican leadership’s in- healthy and the wealthy and until we wage, unless we say that, ‘‘Children, sistence on catering to special inter- put a stop to it we are not going to see yes, you have to work and you will re- ests. The Kennedy-Kassebaum health the basic health insurance reforms that ceive. We must stop asking what Wash- care reform bill was basically put for- are important as part of the Kennedy- ington can do for you. It’s what you ward by the two Senators on a biparti- Kassebaum bill. We also have the budg- can do for yourself.’’ san basis because they recognized that et coming up today which once again Until we get back to some work ethic increasingly it is difficult for many makes deep cuts in Medicare and Med- in this country, until we stop forcing people to get health insurance in this icaid to pay primarily for tax breaks people to live in public housing—I saw country. People who were working, for wealthy Americans. On Medicare on television where a little girl choked people who are out there who are em- what we are seeing is cuts of about $168 to death on a roach in public housing ployed have a difficult time getting billion and also major restructuring of June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6123 Medicare that will result in doctors iently forgot that the last time Con- zenship in this country. In 1905 this being allowed for the first time to over- gress did this in the 1980’s with a Re- Congress passed a law that said that in charge the seniors. Seniors right now publican President and Democratic order for one to be a citizen and to are capped. Congresses, that is why we now have a vote, one had to have a working knowl- The SPEAKER pro tempore (Mr. $5 trillion debt, and that is why it edge of the English language, so we SHAW). The time of the gentleman has needs to be dealt with. But that was should not even be providing govern- expired. not done just by Democrats. In fact the ment services in direct contradiction f last balanced budget we had in this to the spirit of the law. country was in 1969 at the height of the MEDICARE So I think this legislation which is Vietnam war and also at the height of before the Committee on the Judiciary The SPEAKER pro tempore. Under the Great Society. So do not let any- today is preeminently legislation that the Speaker’s announced policy of May one tell you that the Great Society we should be addressing now and 12, 1995, the gentleman from Texas, Mr. causes debt. It is Congress not being should also be voting on this session of GENE GREEN, is recognized during able to control its expenditures on a the Congress. These services of bilin- morning business for 4 minutes. yearly basis. We are still living with gual ballots are very expensive and un- Mr. GENE GREEN of Texas. Mr. these consequences of the 1980’s. necessary. By and large, multilingual Speaker, a lot of people who are here Now we have the summer movie sea- ballots are rarely requested and even today and Members that are watching son. For a year and a half the Repub- less often used than they are antici- in their offices, this is our morning licans have been trying to write a se- pated. hour that each of us can get up and quel to the supply-side deficit from the In one recent election in California, talk at this time for 4 minutes on is- 1980’s. We call that ‘‘The Original.’’ In it cost something like $100 per ballot sues that concern us. Congress they offered the tax cuts and that was used. So not only are bilin- A lot of us, whether you are Repub- told the public we would grow our- gual ballots in contradiction to the lican or Democrat, were concerned last selves out of deficits and into prosper- present law, the spirit of the law, but week about the Medicare trustees issu- ity. In the sequel now we are seeing also they cost the taxpayers one heck ing their report on the status of the they want to offset their tax cuts with of a lot of money. Medicare trust fund. The trustees said Medicare cuts. Unfortunately for the These ballots have other, more seri- that if nothing is done, the trust fund American people the sequels are rarely will be insolvent in the year 2001. This ous costs associated with them, too. as good as the original and that is what For example, providing these special is a serious problem which the Con- worries me. gress should address in a bipartisan services creates the fiction that new- One of the other ways that they talk comers in this country can enjoy all way. about preserving Medicare is medical However, instead of addressing this the benefits of citizenship without savings accounts. Again we are consid- learning the language of the land. short-term problem of Medicare, be- ering a bill today for health care for It is important to remember that if cause it is a short term, it was ad- everyone and hopefully we would have one wants to be successful and have dressed in 1993 and extended it, and a health care reform bill. But it is their children be successful in our now we need to do it again. We should going to die on the cross of the medical country, that the new Americans I have done it in 1995 and now we should savings accounts and that is what is think realize more than anyone else do it in 1996, to move the year out from frustrating, because medical savings that the ladder of opportunity, the 2001 to 2005 and hopefully 2010. But the accounts, I can go out now or any indi- rungs of that, are the English lan- Republican majority continue to insist vidual can go out and buy a high de- guage. Because in order for one to read that the way to do that is to cut Medi- ductible insurance policy now that a want ad, in order for one to fill out care trust funds and yet at the same says, ‘‘OK, I’ll pay my first $5,000.’’ The applications, in order for one to be- time provide even more money in tax problem is that the Republicans and come integrated into the society, Eng- cuts. medical savings accounts want to give lish is extremely important. One can- Again this year the numbers have that $5,000 as a deductible on their not become successful unless one has a gone down. In 1995 we were looking at taxes. This is the same Congress in the good understanding of the English lan- $270 billion cuts in Medicare and $245 1980’s that removed the tax deductions guage. I think reality tells us that this billion in tax cuts. Well, this year it for average individuals for buying regu- is true. has gone down to where we want to cut lar medical care policies. If we are $168 billion in Medicare over 6 years going to do it for the rich, then we Also, exercising one’s rights of citi- and provide another $176 billion in tax need to do it for everyone who buys zenship involves more than just casting cuts. The cuts in Medicare are the cuts any type of health care policy. Let us a vote. It means making a thoughtful in the expected growth. The reason make all health care premiums deduct- decision regarding the issues and the that is hard, I know a lot of times peo- ible and not just those for the rich. candidate. Multilingual voting ballots give individuals the right to vote with- ple listen and say, ‘‘Well, it’s not really f a cut in Medicare,’’ and it is not. There out granting them the power to cast an is a growth in Medicare. But we have HOUSE SET TO ELIMINATE informed vote. How can a person who is to have the expected growth in Medi- BILINGUAL VOTING BALLOTS not versed in at least a working knowl- care because there are more seniors The SPEAKER pro tempore. Under edge of the English language take part growing into Medicare every day and if the Speaker’s announced policy of May in the political campaign, listen to the we just match inflation, then we are 12, 1995, the gentleman from Wisconsin debates, listen to the issues and there- going behind and the people who are [Mr. ROTH] is recognized during morn- fore cast an informed ballot? there now, the 70-year-olds, the 80- ing business for 5 minutes. Mr. Speaker, multilingual ballots are year-olds who are on Medicare are Mr. ROTH. Mr. Speaker, later today another vestige of the 1960’s obsession going to see a cut in the services they the House Judiciary Committee will with the Great Society and the care- have. That is why it is a cut in Medi- mark up legislation repealing the fed- taker state in the 1960’s, when we had care even though it is a cut in the erally mandated law which requires bi- the Great Society and government was growth. But again we need to deal with lingual voting ballots. It is about time going to do everything for everybody. Medicare and not talk about the tax this action was taken. Now this vision of government is bank- cuts because they are irresponsible. In the United States today there are rupt and we must dismantle the legis- There is no free lunch. We learned some 375 voting districts across this lative relics of that era. That is why that in the 1980’s when Congress passed country that require the printing of the legislation which is only a first tax cut after tax cut and yet increased ballots in foreign languages. step that is being taken up in the Com- spending. You cannot cut taxes and in- In theory, these services should not mittee on the Judiciary today is so im- crease spending. That is what they are be needed at all. Voting rights are ex- portant, because it is getting us back looking for. There is no pain-free that tended to American citizens and, by on the track of commonsense govern- you can do. But they have conven- law, English is a requirement for citi- ment again. H6124 CONGRESSIONAL RECORD — HOUSE June 11, 1996 THE 104TH CONGRESS IS LEAST Let me tell my colleagues one spe- diversity to divide us and thereby PRODUCTIVE SINCE WORLD WAR II cific area in which they will do and are allow animosity, hatred, and even big- The SPEAKER pro tempore. Under contemplating doing great harm to the otry to enter our lives and Your world. the Speaker’s announced policy of May American public, and that is in the We acknowledge, that our sometimes 12, 1995, the gentlewoman from Con- area of Medicare and Medicaid, hurting frantic activity has permitted us to be necticut [Ms. DELAURO] is recognized seniors in this country. All they are less than grateful for nature’s beauty during morning business for 5 minutes. asking, after a lifetime of work and of color and its symphony of music pro- Ms. DELAURO. Mr. Speaker, today is playing by the rules, is a decent and a vided without cost to one and all alike. BOB DOLE’s last day in the U.S. Senate. dignified and a secure retirement. Good Lord, forgive us. So, we begin I would like to salute the legacy of out- Today on this floor we will discuss a this day, with bowed heads and humble standing public service that BOB DOLE budget resolution that has come back spirits accepting our dependency upon has given to this great country of ours. after being debated by the House and You, offering our gratitude for Your While it is his last day, I truly do un- the Senate, and the stakes are high in kindness, and seeking mercy for our derstand why he would like to depart this debate today because Medicare and shortcomings. Amen. the Congress of the United States. If Medicaid are going to be cut in a we take a look at what has occurred in sweeping way if the Republican major- f the 104th Congress, we can get some ity has its way, if Mr. GINGRICH has his idea why anyone would want to dis- way. Today 37 million seniors depend THE JOURNAL tance themselves from this failed 104th on Medicare, and we in the Congress The SPEAKER. The Chair has exam- Congress. have a solemn obligation to make sure ined the Journal of the last day’s pro- The gridlock strategies that have that they can count on it. Medicare been imposed by the Speaker of the ceedings and announces to the House must be protected. his approval thereof. House, Mr. GINGRICH, have led to the Medicare and Medicaid once again Pursuant to clause 1, rule I, the Jour- dubious distinction for the GOP-con- are on the chopping block, with a $168 trolled 104th Congress as the least pro- nal stands approved. billion cut in the Medicare Program, ductive Congress since World War II. Mr. TRAFICANT. Mr. Speaker, pur- $72 billion in the Medicaid Program. By any measure, the 104th Congress has suant to clause 1, rule I, I demand a Let me just say that today 99 percent been a failure. vote on agreeing to the Speaker’s ap- This lack of productivity of this Con- of our seniors are covered through the proval of the Journal. gress has been noted by neutral com- Medicare Program. They have health The SPEAKER. The question is on mentators. Helen Dewar of the Wash- insurance because of Medicare. the Chair’s approval of the Journal. ington Post has written, ‘‘Their ambi- b 0945 The question was taken; and the tions have far outstripped their legisla- Speaker announced that the ayes ap- There are people here who would tell tive achievements, resulting in one of peared to have it. the least productive sessions in modern you they are not going to cut this pro- Mr. TRAFICANT. Mr. Speaker, I ob- history, a session long on promise and gram, and in fact that is precisely what ject to the vote on the ground that a short on results.’’ Similarly Kevin they are going to do. They are going to quorum is not present and make the Phillips, who is a partisan, a Repub- remove the restrictions that are now point of order that a quorum is not lican analyst, has noted, ‘‘The 104th placed on doctors and hospitals, where present. Congress may be the worst in 50 they cannot overcharge seniors. Those The SPEAKER. Pursuant to the pro- years.’’ will be gone. visions of clause 5, rule I, further pro- First we can examine the number of I implore the American public, listen ceedings on this question are post- bills that have been enacted, and as of to the debate today, and do not allow poned. June 11 this Dole-Gingrich Congress this Gingrich Congress to do harm to The point of no quorum is considered has enacted a total of 150 public laws, seniors in this country. withdrawn. the lowest total at this point in the f Congress going back to World War II. f Second, not only have they failed to RECESS pass a number of laws, but what they The SPEAKER pro tempore (Mr. ANNOUNCEMENT BY THE SPEAKER have succeeded in doing is doing harm SHAW). Pursuant to clause 12 of rule I, The SPEAKER. The Chair will enter- to men, women, and children in this the House stands in recess until 10 a.m. tain fifteen 1-minutes on each side. country. Accordingly (at 9 o’clock and 45 min- If we do not want to take a look at utes a.m.), the House stood in recess f the numbers and numbers of laws that until 10 a.m. have been passed, that is fair. But what f LET US GET TO THE TRUTH NOW we do need to do is take a look at pol- ABOUT WHY THE WHITE HOUSE b 1000 icy, and what kind of policy have they OBTAINED FBI FILES ON 349 RE- implemented and what kind of policy AFTER RECESS PUBLICANS have they tried to derail. Let us take a look at that. By pursuing an extremist The recess having expired, the House (Mr. BOEHNER asked and was given agenda, the Dole-Gingrich Congress has was called to order by the Speaker at permission to address the House for 1 failed to deliver any kind of results to 10 a.m. minute and to revise and extend his re- the American people. The Reverend Dr. Donald F. Chris- marks.) Specifically, no health insurance re- tian, Office of the Bishop, Evangelical Mr. BOEHNER. Mr. Speaker, by now form, no minimum wage increase, no Lutheran Church in America, Washing- we all know about the White House’s balanced budget, no expansion of ac- ton, DC, offered the following prayer. FBI files, background files, on some 349 cess to educational opportunity, as a Almighty God, You are the giver of Republicans here in Washington. A matter of fact, cutting off avenues of all that is good and the provider of all couple of them happened to be staffers educational opportunity to young men that is needed, so we offer our grati- that work for me. Now, only the White and women in this country and cutting tude this day for Your many gifts and House knows why they asked for these a school loan program. I could not have blessings. For the diversity of Your files, and only the White House knows gone to college without student loans. created order seen all about us in the what they have done with these files Why do others who have them and had animal, vegetable, and mineral worlds, over the last several years. them in coming here want to let them for the beauty of life which can be ob- Mr. Speaker, I think it is time for go for others in this country? No wel- served in plants, the places, and the the White House to come clean, to fare reform. No tax cuts. No improve- people of Your kingdom, our voices work with the FBI so that we have no ments in pension security, and no im- join together to proclaim our grati- more coverups, and that we get to the provements in environmental protec- tude. Yet, we must also confess that we bottom of this truth on this issue now, tion. have sometimes allowed Your gift of not after the election in November. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6125 AFRICAN-AMERICAN CHURCH minute and to revise and extend his re- WHITE HOUSE MISTAKENLY ARSON marks.) OBTAINS SECRET FBI FILES (Mrs. CLAYTON asked and was given Mr. FILNER. Mr. Speaker, for over 50 (Mr. TRAFICANT asked and was permission to address the House for 1 years veterans’ programs and benefits given permission to address the House have been viewed as matters far too minute and to revise and extend her re- for 1 minute and to revise and extend important for partisan bickering. marks.) his remarks.) Democrats and Republicans worked to- Mrs. CLAYTON. Mr. Speaker, there Mr. TRAFICANT. The White House gether to create the most generous and have been 32 suspicious fires at Afri- said they made a mistake when they successful array of veterans’ programs can-American churches across the improperly obtained secret FBI files on United States since 1995. It is time for in the world. Unfortunately, this bipartisan tradi- 339 Americans who just happened to be Congress to stand up and speak out. tion supporting veterans’ matters is in friends of Mr. Reagan and Mr. Bush. Last Thursday, when the Matthews- the process of being destroyed by our Mistake? Who is kidding whom here? Murkland Presbyterian Church in colleagues on the other side of the This was a deliberate political act. It is Charlotte, NC, became another one of aisle. We have all heard and read the disgusting. It is wrong. the churches to be burned over the past rhetoric put out by our Republican col- But what really grabs me is how 18 months, the shock and amazement leagues asserting their strong support many ways can you destroy a family? of this deed left me dazed and numb. for our Nation’s veterans, and they Billy Dale, the boss of the travel office, How could anyone violate what is have implied that President Clinton targeted, fired, acquitted in less than most precious to our society? That is does not care about veterans; in fact, 90 minutes. Shame, ladies and gentle- why I want to urge all of my colleagues that he would balance the budget on men. Whether it is a Democrat or a Re- to use this week to rise in swift and re- the backs of veterans. publican, anyone who uses the power of sounding voices to condemn this evil But, Mr. Speaker, let us look at the the FBI and the IRS to target political and to demonstrate that it will not be facts. The Republican budget that has opponents is not only wrong, they may tolerated. been presented for fiscal year 1997 have committed a crime. First, we should all support the bi- slashes the President’s request for vet- There should be an investigation. partisan legislation introduced by our erans’ funding by $573 million. Our Na- And, as a Democrat, I say when we play colleagues, Mr. CONYERS and Mr. HYDE. tion’s veterans deserve better than partisanship with political machina- That legislation would make it easier empty Republican rhetoric. They have tions like this, we throw the Constitu- to bring prosecutions and stiffen the more than earned our real support and tion out. penalties against those who target respect. f houses of worship. Mr. Speaker, let us quit playing Second, I would urge support for a games with this special group of citi- WHITE HOUSE ‘‘SO WHAT’’ resolution I am introducing, calling on zens and get down to the hard work of RESPONSE the collective outrage of Congress and establishing and maintaining meaning- (Mr. WATTS of Oklahoma asked and condemning the arson. And, finally, we ful programs and benefits for our veter- was given permission to address the should all, work within our respective ans. House for 1 minute and to revise and communities to help prevent future f extend his remarks.) arson. Mr. WATTS of Oklahoma. Mr. Speak- There is a time to keep silence and a IT MAKES YOU WONDER, DOESN’T IT? er, it was reported over the weekend time to speak. Now is a time to speak. that the Clinton administration had f (Mr. HEFLEY asked and was given used the FBI to obtain the confidential THE ANSWERS AND EXCUSES, MY permission to address the House for 1 records of former Reagan and Bush ad- FRIENDS, ARE BLOWING IN THE minute and to revise and extend his re- ministrations employees. The White WIND marks.) House passed this off as a mere bureau- Mr. HEFLEY. Mr. Speaker, during cratic mistake; an oversight not to be (Mr. FUNDERBURK asked and was the 1992 campaign, Bill Clinton was given permission to address the House repeated; really, just a small matter asked to sign a waiver that would have that is not worthy of a serious exam- for 1 minute and to revise and extend authorized the FBI to make public any his remarks.) ination. files that revealed his anti-Vietnam Mr. Speaker, I long ago stopped try- Mr. FUNDERBURK. Mr. Speaker, war activity. He refused. In fact here is how many FBI files must a President ing to figure out the Clinton adminis- what his press secretary said at the tration. Their response to any accusa- search before he becomes a President? time: ‘‘It’s a personal file. He’s not The answers and excuses, my friends, tion of improper or illegal activity is going to do it.’’ always the same: So what. are blowing in the wind, the excuses But after the election, after Bill Clin- It goes something like this; are blowing in the wind. ton was in the White House, suddenly Whitewater, so what. Troopergate, so How long must 341 files be kept until all of his anxieties about looking what. Cattle futures, so what. the Clinton administration has a through other people’s FBI files dis- Travelgate, so what. Cabinet members chance to read them? The answers and appeared into thin air. Someone at the resigning in disgrace, so what. Twenty- excuses, my friends, are blowing in the White House authorized a search of 341 two White House officials with legal wind, the excuses are blowing in the Reagan and Bush administration em- defense funds, so what. Paula Jones, so wind. ployees, including James Baker, the what. How many White House employees Secretary of State. does it take to gather an enemies list? So, let me get this straight. The Mr. Speaker, the White House’s ‘‘so The answers and excuses, my friends, President who was morally indignant what’’ response to the improper or ille- are blowing in the wind, the excuses at anyone wanting to look at his FBI gal use of the FBI only confirms that are blowing in the wind. file, is now looking through the FBI they are hiding something from the Finally, how long does it take before files of his political opponents. American people. the Clinton administration puts an end It makes you wonder, doesn’t it, Mr. f to all the coverups? The answer, Mr. Speaker? REPUBLICANS SERVING WARMED- Speaker, appears to be blowing in the f OVER VERSION OF REJECTED White House wind. ANNOUNCEMENT BY THE SPEAKER MEDICARE PLAN f PRO TEMPORE (Ms. WOOLSEY asked and was given OUR VETERANS DESERVE BETTER The SPEAKER pro tempore (Mr. permission to address the House for 1 THAN EMPTY REPUBLICAN WALKER). The Chair reminds Members minute and to revise and extend her re- RHETORIC that they are not to use personal ref- marks.) (Mr. FILNER asked and was given erences to the President of the United Ms. WOOLSEY. Mr. Speaker, I, for permission to address the House for 1 States. one, give the new majority credit for H6126 CONGRESSIONAL RECORD — HOUSE June 11, 1996 finding creative things to do with cold the House for 1 minute and to revise AMERICA NEEDS A NEW leftovers. and extend his remarks.) GARDENER You see, the budget they’re serving Mr. GENE GREEN of Texas. Mr. (Mr. DOGGETT asked and was given today is nothing but a warmed-over Speaker, here we have the second verse permission to address the House for 1 version of the same misplaced prior- same as the first but with a lower in minute.) ities that the American people rejected tone. Mr. DOGGETT. Mr. Speaker, Amer- last year. Mr. Speaker, the Republican major- ica needs a new gardener. When Speak- Take away the sugarcoating, and ity is continuing its attack on Medi- er GINGRICH insists that Medicare you’ve got crucial education programs care. Last year they wanted to cut the should be permitted to wither on the targeted for deep cuts or elimination. growth in Medicare $270 billion and Minus the garnish, you’ve got a Med- vine, it is time to find a gardener who provide for a tax cut of $245 billion. knows the difference between strength- icare plan that will make seniors pay While they still have their sights set a more for less, while their hospitals ening Medicare and allowing it to little lower this year, they still want shrivel. close. to cut Medicare $168 billion. And, when you remove the trimmings That is not EverGrow that Speaker GINGRICH is proposing to pour on the on their budget, you end up with huge b 1015 tax breaks for the wealthy special in- vine of Medicare; it is the salt of ne- terests we simply can’t afford. Now they say that it is cutting Medi- glect, of decades of neglect of the Mr. Speaker, this is not a blueprint care or that it is cutting the growth of health care security of American fami- for balancing the budget—it’s a recipe Medicare, but again let us reason that lies. That is not a green thumb that for disaster. So, I say to the new ma- if you have more people getting to be the Speaker is offering; it is the dark- jority: Keep your cold leftovers. 65 and people 65 living longer, you have ened green thumb of neglect of the It’s time to give the American people to have growth even more than infla- health care security of American fami- what they want—a balanced budget tion that they say. At the same time lies. that moves our Nation forward without they want to give this tax cut of $176 Mr. Speaker, we should focus on the leaving behind those who depend on us billion only to some of the wealthiest. Medicare trustees’ report, for the real most—our children, seniors, families, For the second year in a row the Re- issue is trust. Should we trust the peo- and our environment. publican majority is using the trustees’ ple who want to let Medicare shrivel on f report to talk about how bad they need the vine, or should we trust those who to do it. overcame the opposition of BOB DOLE ANOTHER CLINTON SCANDAL If Medicare is in trouble, then let us and the Republicans of that era to BREWING: FBI FILES RAIDED take that savings and plow it back into build Medicare into a garden whose (Mrs. SEASTRAND asked and was Medicare, and not use it to give tax fruits of health care security are avail- given permission to address the House cuts or to balance the budget. I hope able to every American? for 1 minute and to revise and extend that our Republican majority will f her remarks.) change their second verse. Mrs. SEASTRAND. Mr. Speaker, the PERMISSION FOR SUNDRY COM- paper shredders over at the White f MITTEES AND THEIR SUB- House are abuzz with activity. Yet an- COMMITTEES TO SIT TODAY other Clinton scandal is brewing in- THE CARE FOR HUMAN LIFE IS DURING 5-MINUTE RULE volving a coverup and the abuse of THE OBJECT OF GOOD GOVERN- Mr. HEFLEY. Mr. Speaker, I ask power. MENT unanimous consent that the following Evidently, the Clinton administra- (Mr. STEARNS asked and was given committees and their subcommittees tion raided the FBI files of 341 Bush permission to address the House for 1 be permitted to sit today while the and Reagan employees. Not only were minute and to revise and extend his re- House is meeting in the Committee of these people investigated, but their marks.) the Whole under the 5-minute rule: files were kept inside the vault of the Mr. STEARNS. Mr. Speaker, I had a Committee on Agriculture; Committee White House security office. town meeting Saturday in Hampton, on Banking and Financial Services; Information gleaned from these files FL, and Janice Sanford was there at Committee on Commerce; Committee was passed along to Clinton appointee the town meeting and she gave me hun- on Economic and Educational Opportu- Craig Livingstone, whose boss was As- dreds of petitions dealing with the par- nities; Committee on Government Re- sociate Counsel William H. Kennedy, a tial-birth abortion veto by the Presi- form and Oversight; Committee on former Rose law firm partner with Hil- dent. President Clinton has once again International Relations; Committee on lary Clinton. demonstrated that he favors legal, un- the Judiciary; Committee on Re- Mr. Speaker, why did the White restricted, and easily available abor- sources; Committee on Transportation House want these files? What kind of tions on demand, even in the ninth and Infrastructure; Committee on Vet- information were they after? Are there month of pregnancy. erans’ Affairs; and the Permanent Se- other people who were investigated? Mr. Speaker, Thomas Jefferson once lect Committee on Intelligence. In 1992, Bill Clinton refused to make said, It is my understanding that the mi- public any FBI files about his anti- nority has been consulted and that Vietnam activity. But as President he The care of human life and happiness, and not their destruction is the first and only le- there is no objection to these requests. has no reservations whatsoever about gitimate object of good government. The SPEAKER pro tempore (Mr. raiding the FBI files of his Republican WALKER). Is there objection to the re- opponents. I share this commitment to actively support legislation that sustains the quest of the gentleman from Colorado? f Federal Government’s traditional goals There was no objection. ANNOUNCEMENT BY THE SPEAKER in family planning. f PRO TEMPORE Members of both Houses of Congress REPORT ON H.R. 3610, DEPART- The SPEAKER pro tempore. The already voted to promote these goals MENT OF DEFENSE APPROPRIA- Chair again reminds Members that per- when we said no to partial-birth abor- TIONS ACT, 1997 sonal references to the President are tions. I strenuously oppose President not supposed to be made. Clinton’s veto of the ban, and urge my Mr. YOUNG of Florida (during con- f colleagues to say no once again when sideration of H.R. 2909) from the Com- we have the opportunity to override mittee on Appropriations, submitted a REPUBLICAN MEDICARE PLAN: this veto. privileged report (Rept. No. 104–617) on SECOND VERSE, SAME AS THE Once again, I congratulate Janice the bill (H.R. 3610) making appropria- FIRST Sanford for her active efforts to dem- tions for the Department of Defense for (Mr. GENE GREEN of Texas asked onstrate this by the petition she gave the fiscal year ending September 30, and was given permission to address me last Saturday. 1997, and for other purposes, which was June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6127 referred to the Union Calendar and or- and New Hampshire. Landowners sur- H.R. 2909 for placement on the Correc- dered to be printed. rounding the refuge are concerned that tions Day Calendar a month and a half The SPEAKER pro tempore (Mr. eminent domain will be used to con- before the Resources Committee re- WALKER). All points of order are re- demn their properties, so the Fish and ported the bill. served on the bill. Wildlife Service will be able to pur- The Silvio Conte National Fish and f chase the properties without the own- Wildlife Refuge represents a new kind ers’ consent. At the subcommittee’s of wildlife refuge that will protect a CORRECTIONS CALENDAR legislative hearing, the Fish and Wild- total of 78,000 acres using a combina- The SPEAKER pro tempore. This is life Service did acknowledge that there tion of conservation easements, coop- the day for the call of the Corrections is precedent for similar willing seller erative agreements, and cost-sharing Calendar. language already set in law. The Serv- partnerships. This approach minimizes The Clerk will call the bill on the ice also maintains that it does not in- the need for Federal land acquisition: Corrections Calendar. tend to use eminent domain as a land Only about 6,500 acres, spread over the f acquisition tool for the Conte Refuge. States of New Hampshire, Vermont, That being the case, codifying this pro- Connecticut, and Massachusetts, will SILVIO O. CONTE NATIONAL FISH hibition into statutory language would be under Federal ownership. And how AND WILDLIFE REFUGE EMI- not adversely affect Fish and Wildlife is this innovative approach rewarded? NENT DOMAIN PREVENTION ACT Service operations. It would, however, By the adoption of punitive legislation The Clerk called the bill (H.R. 2909) serve the useful purpose of quelling that restricts the ability of the Fish to amend the Silvio O. Conte National landowner concerns. and Wildlife Service to protect public Fish and Wildlife Refuge Act to provide I urge an ‘‘aye’’ vote on this bill in wildlife resources when they are that the Secretary of the Interior may support of property owners’ rights. threatened. acquire lands for purposes of that act Mr. Speaker, I reserve the balance of The Fish and Wildlife Service is en- only by donation or exchange, or other- my time. trusted with the power of eminent do- wise with the consent of the owner of Mr. STUDDS. Mr. Speaker, I yield main to acquire lands for the greater the lands. myself such time as I may consume. public good. Although eminent domain The Clerk read the bill, as follows: Mr. Speaker, believe it or not, I rise authority is a tool of last resort for the H.R. 2909 in opposition to H.R. 2909, because it is Service, without it there is ultimately both an example of bad policy and bad Be it enacted by the Senate and House of Rep- no way to protect land already pur- resentatives of the United States of America in process. When the Corrections Day Cal- chased with taxpayer dollars from ad- Congress assembled, endar was originally proposed, it was jacent harmful development or to pre- SECTION 1. SHORT TITLE. touted as a way to address bureaucracy vent the destruction of critically im- This Act may be cited as the ‘‘Silvio O. that is particularly dumb, or to address portant wildlife habitat. If we deny the Conte National Fish and Wildlife Refuge obviously silly, redundant Government Service this tool, we make it that Emminent Domain Prevention Act’’. regulations in a rapid fashion. H.R. 2909 much more difficult to protect effec- SEC. 2. RESTRICTION ON METHOD OF ACQUISI- does not address silly Government reg- tively the public interest in habitat TION OF LANDS FOR PURPOSES OF ulations or bureaucracy, it addresses conservation. THE SILVIO O. CONTE NATIONAL one of the fundamental powers granted FISH AND WILDLIFE REFUGE ACT. Furthermore, this bill exclusively Section 106 of the Silvio O. Conte National to the Federal Government by the Con- ties the hands of the Federal Govern- Fish and Wildlife Refuge Act (Public Law stitution—the power of eminent do- ment in protecting the public interest 102–212; 16 U.S.C. 668dd note) is amended by main. Supporters of this bill may claim in fish, game, and wildlife habitat. I am adding at the end the following new sub- that it is about protecting private not aware of any attempts to restrict section: property. But there is a world of dif- eminent domain authority when it is ‘‘(e) RESTRICTION ON METHOD OF ACQUISI- ference between uncompensated applied to highways, dams, or other TION.—The Secretary may acquire lands for takings of private property and the public works projects in New England. purposes of this title only by donation or ex- rare and judicious use of eminent do- change, or otherwise with the consent of the In establishing a differential standard owner of the lands.’’. main to acquire private property, for for application of the power of eminent fair market value, to protect public domain, H.R. 2909 relegates wildlife The SPEAKER pro tempore. Pursu- wildlife resources. habitat protection to second-class sta- ant to the rule, the gentleman from The Corrections Day Calendar was tus. That is wrong. New Jersey [Mr. SAXTON] and the gen- ostensibly created to expedite the pas- For these reasons, I oppose H.R. 2909 tleman from Massachusetts [Mr. sage of noncontroversial, bipartisan and feel that it was inappropriately STUDDS] will each be recognized for 30 legislation. This legislation is con- placed on the Corrections Calendar. I minutes. troversial. I and a number of my col- urge the House to reject this legisla- The Chair recognizes the gentleman leagues on the Resources Committee tion. from New Jersey [Mr. SAXTON]. oppose it. The administration opposes Mr. Speaker, I reserve the balance of MODIFICATION OFFERED BY MR. SAXTON it. And environmental groups such as my time. Mr. SAXTON. Mr. Speaker, I ask the Sierra Club, the Wilderness Soci- Mr. SAXTON. Mr. Speaker, I yield unanimous consent that on page 2, line ety, and the Audubon Society oppose such time as he may consume to the 5 of the bill, the word ‘‘Emminent’’ be it. Lastly, I believe that if our late gentleman from New Hampshire [Mr. corrected to read ‘‘Eminent.’’ friend and colleague, Silvio Conte, BASS]. The SPEAKER pro tempore. Is there were alive today, he would join me in Mr. BASS. Mr. Speaker, I rise in sup- objection to the request of the gen- opposing this legislation. Since the port of this piece of legislation. I would tleman from New Jersey? Fish and Wildlife Service has no inten- like to thank the gentleman from New There was no objection. tion to use eminent domain to acquire Jersey [Mr. SAXTON] and the gentleman Mr. SAXTON. Mr. Speaker, I yield land for the refuge, H.R. 2909 is a solu- from Alaska [Mr. YOUNG] for moving myself such time as I may consume. tion in search of a problem. this bill promptly, in an expeditious Mr. Speaker, H.R. 2909, the Silvio O. It is my understanding that correc- fashion. I believe that their under- Conte National Fish and Wildlife Ref- tions day legislation should be narrow standing of the time-sensitive nature uge Eminent Domain Prevention Act, in scope. But, since H.R. 2909 sets a bad of this matter in allowing H.R. 2909 to was introduced by Congressman precedent for the entire 92 million acre move in an expeditious manner is im- CHARLES BASS on January 31, 1996. The National Wildlife Refuge System, it is portant. bill directs the Secretary of the Inte- much broader in scope than the prob- Mr. Speaker, simply put, as we have rior to acquire lands for the Silvio O. lem it purports to address. heard, this bill will smooth the road for Conte Refuge only with the consent of The Corrections Day Calendar was the creation of the Silvio O. Conte Ref- the landowner. Unlike many refuges, never intended to circumvent the com- uge by reassuring local residents, and the Conte refuge spans four States— mittee process. However, the Correc- folks who live in the affected areas, Vermont, Conneticut, Massachusetts, tions Day Advisory Group considered that their land will not be taken by H6128 CONGRESSIONAL RECORD — HOUSE June 11, 1996 eminent domain as a result of efforts setts [Mr. STUDDS], my good friend, has What we need here is cooperation, to create this very important refuge. pointed out that this bill does not qual- which is in the New Hampshire tradi- The Conte refuge was established in ify or may not qualify for the Correc- tion, and I think in the tradition that 1991, and subsequently went through 4 tions Day Calendar. I would point out will be beneficial to the creation and years of hearings and input. The result that this bill codifies U.S. Fish and long-term preservation of this very im- of the plan, which seeks to protect the Wildlife’s intent using statutory au- portant ecosystem, the Connecticut entire Connecticut River Valley from thority of eminent domain for the pur- River. its headwaters in northern New Hamp- poses of the refuge. The potential fi- Mr. STUDDS. Mr. Speaker, in the shire to the area in southern Connecti- nancial burden, underlined, of large spirit of corrections, let me say to the cut where it flows into the Atlantic scale eminent domain takings could be gentleman from New Hampshire, the Ocean, is the scope of the bill. high on the taxpayers of America. Atchafalaya Refuge is in Louisiana, In undertaking this task, the Fish The refuge plan represents a new ap- which is a very long way from Massa- and Wildlife Service has identified vir- proach by the U.S. Fish and Wildlife chusetts and New Hampshire. May I tually all water sources that empty Service in that it does not have well- also say that things must be blissful into the Connecticut as potential areas defined boundaries. It is not an island indeed in the Granite State if the big- to protect. Consequently, nearly 50 per- or specific area, it is a watershed. gest thing you have to worry about is cent of my district, which is a large Therefore, areas that could be affected the specter of the Federal Government rural district, and clearly close to half by eminent domain are ambiguous. grabbing an acre in the name of Silvio of the district of the gentleman from The bill protects the average family Conte. I think it must be a lovely ex- Vermont [Mr. SANDERS], will be poten- and small business by ensuring that istence you have up there. Some of us tially affected by this refuge, includ- the U.S. Fish and Wildlife Service does can think of real problems that need ing, I might add, many major metro- not arbitrarily take their land for the solutions. politan areas, cities, towns, rights-of- purposes of a refuge that is not clearly Mr. Speaker, I yield 2 minutes to the way and so forth. defined. And, last, the bill promotes gentleman from Connecticut [Mr. Mr. Speaker, it is important to real- the well-being of everyone by removing GEJDENSON]. ize that the Connecticut River, which one of the final stumbling blocks to the Mr. GEJDENSON. Mr. Speaker, when flows through many diverse regions of successful creation of this refuge to this new Congress led by its New England, has many different char- protect the Connecticut River for all of antienvironmental zealots came here, acteristics in different areas. I might New England. they said they were going to do busi- use the analogy, if I could, to the shape Mr. Speaker, I would also point out ness in a new way. And sure enough, we of an oak tree in describing the Con- that there is ample precedent for this find business in a new way. We solve necticut River. change in the law. There are 33 dif- problems that do not exist. What we Like any river, near its mouth on the ferent precedents in law in which emi- have here is not simply an assault on Long Island sound it is like a pencil nent domain as a mechanism for ac- the Federal Government or an oppor- line, but as it gets farther north it quiring land has been inserted; I think tunity to try to create barriers to pro- branches out and branches out and the most notable of which is the wild- tect what I think virtually all of our branches out until finally up in Coos life refuge in Massachusetts known as citizens recognize is a heritage that we County, and in Essex County over in the Atchafalaya, or something like want to pass on to our children and Vermont, it covers the entire county. that, wildlife refuge in which the exact grandchildren, but what we have is an In my district, half of Grafton County, same language is in law there. attempt to hobble the Government all of Sullivan County, and all of Mr. Speaker, I would point out that from being able to defend itself. Should Cheshire County. It is a huge area as one who supports the Silvio O. Conte we have a refuge area and suddenly which it covers. Wildlife Refuge, as one who was person- someone comes in and has a pollution Mr. Speaker, I am not here today to ally acquainted with Congressman problem that they refuse to remedy, take issue with protecting the Con- Silvio O. Conte, I would take issue with the Federal Government would have no necticut River. It is a very important my distinguished colleague from Mas- legal ability to enjoin that action. project, and I fully support the Silvio sachusetts and I would say that Con- They would have to sit by and watch O. Conte Wildlife Refuge. However, I gressman Conte would have wanted to the entire refuge be decimated because feel that there are efforts that need to see the wildlife refuge developed with we are about to take away the legal be undertaken in order to assure that the full cooperation and consent of the rights that Government has always had there is cooperation between not only Federal Government, Congress, as well from time immemorial. the folks that live along the river’s as the people who would be affected by I guess I am somewhat confused. If edge and will be affected, and as I said this wildlife refuge. it is more than just folks living along Now, as a former State senator and a we are fighting the Civil War over the edge of the river, but also the re- member of the legislature in New again on States rights, then it seems to spective legislatures in New Hampshire Hampshire, I was pleased to have spon- me that maybe we ought to have a real and Vermont and potentially Connecti- sored shoreline protection legislation bill that just disbands the Federal leg- cut and Massachusetts. in New Hampshire, rivers protection islature. But if we are going to con- There have been bills introduced in laws in New Hampshire, as well as serv- tinue to have a Federal role, and let me New Hampshire that would create con- ing 2 years on the Land Conservation assure you that many of these States siderable restrictions on the ability of Investment Program, which is a pro- with this anti-Federal attitude come the Fish and Wildlife Service to effect gram similar to what is envisioned by rushing here for Federal resources, this important refuge project, and it is Silvio O. Conte Wildlife Refuge, in much as the Freemen did for their all based upon the fact that there is which $50 million was allocated to pro- farms. We do have one country; do we fear on the part of landowners that the tect key pieces of real estate that are not? National resources are worth pro- Fish and Wildlife Service will use their environmentally sensitive and impor- tecting. What we are going to do here eminent domain power to take prop- tant for the State of New Hampshire. is not so much protecting any individ- ual or State right. What we are doing erty unnecessarily away from people b who are trying to make a living off of 1030 is taking action to prevent something it. Not once did we, we did not have emi- that is virtually never used but to en- Mr. Speaker, the fact remains that nent domain in the law obviously, and sure that, if Federal land is in the proc- this is not good for the future creation we never needed it. The fact is we do ess of being degraded, the Federal Gov- and growth of the wildlife refuge, but it not need to have the hand of Federal ernment will have no legal ability to is also not good for farmers and other Government taking people’s property protect its investment and the tax- individuals who depend, and have de- away from them against their will payers’ investment. pended now for generations, upon the when there is plenty of property avail- Mr. SAXTON. Mr. Speaker, I yield land to make a living. able and more than the Federal Gov- myself 1 minute. Mr. Speaker, I would also point out ernment will ever have the money to I just would like to say to the gen- that the gentleman from Massachu- purchase to begin with. tleman from Connecticut that I am June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6129 kind of surprised hearing his opposi- He knew that, like most resources, you can't As the Member now serving the first district, tion this morning, particularly since just continue to draw from it without renewal the district that Silvio Conte served so well for the gentleman is from the State of New and continual reinvestment. more than 30 years, I ask that you vote Jersey and inasmuch as the chairman That's what conservation is all about. against this billÐso that the House can take of the full committee, the gentleman Silvio Conte's favorite pastimes included up this matter in a more appropriate forum from Alaska [Mr. YOUNG], offered the fishing and bird watching. And he knew that outside of the Corrections Day Calendar. gentleman an opportunity to take Con- as a Member of this body, he was in a posi- Mr. SAXTON. Mr. Speaker, I yield necticut out of this bill. So it surprises tion to ensure that future generations would such time as he may consume to the me that the gentleman declined the op- have that opportunity. gentleman from Connecticut [Mr. portunity to take Connecticut out of Sil Conte was wise enough to know that wa- GEJDENSON]. the bill, saying that apparently Con- terfowl and other migratory birds, as well as AMENDMENT OFFERED BY MR. GEJDENSON necticut ought to be included. And now anadromous fish, know no boundaries or man- Mr. GEJDENSON. Mr. Speaker, I ask the gentleman is opposed to the bill. I made borders. unanimous consent to offer an amend- do not understand, Mr. Speaker. Which is why the bill before us today is a ment. Mr. STUDDS. Mr. Speaker, if the sneak attack on the concepts of conservation. The Clerk read as follows: gentleman will promise to be nice, I This bill permanently removes the authority of Amendment offered by Mr. GEJDENSON: yield 2 minutes to the gentleman from the Fish and Wildlife Service to prevent activi- Page 2, line 16, after ‘‘lands’’ insert ‘‘in New Connecticut [Mr. GEJDENSON]. ties that negate the purposes of the refuge. Hampshire and Vermont’’. Mr. GEJDENSON. Mr. Speaker, I After 130, yes, 130, public meetings, the 3 The SPEAKER pro tempore. Is there think that this is an important prin- Members sponsoring this legislation, and the 7 ciple. Frankly, if I did not think it objection to the request of the gen- from Massachusetts and Connecticut even would violate that principle, I would tleman from Connecticut to amend the more affected by it, know perfectly well that have been happy to accept an agree- bill? the Fish and Wildlife Service is keenly aware ment to exempt Connecticut. I would Mr. SAXTON. Reserving the right to of the concerns that this bill aims to address. be happy to accept that. object, Mr. Speaker, I do not plan to Mr. SAXTON. Mr. Speaker, if the We also know that the Service cannot pro- object. I would like to point out that I gentleman will yield, let me reoffer, we ceed effectively to secure the purposes of am not quite sure what is different have decided on our side that we are Public Law 102±212, the Silvio Conte National about the constituencies that live in happy to grant the gentleman unani- Fish and Wildlife Refuge Act, without full co- the 2 States which will be exempted mous consent to take Connecticut out. operation from private citizens. under this unanimous consent request. Mr. GEJDENSON. Mr. Speaker, if the The cooperative arrangements the Conte In the case of Mr. BASS’ constituents, gentleman will ask unanimous consent Refuge includes is what makes this refuge a he is concerned, the gentleman from to exempt Connecticut, I will accept model for the National Wildlife Refuge System. New Hampshire, Mr. BASS, is concerned that exemption. The problem with this bill is that it forever that his constituents feel comfortable Mr. SAXTON. Mr. Speaker, it is the ties the hands of the Fish and Wildlife Service with the process that will be ongoing. gentleman’s State. I will not ask unan- in its management in carrying out its respon- And apparently Mr. GEJDENSON and the imous consent. sibilities. gentleman from Massachusetts do not Mr. GEJDENSON. I will ask unani- This bill mocks the constitutional protections share the same concerns or their con- mous consent to exempt Connecticut already provided against takings. The Con- stituents do not share the same con- from the bill. stitution was not meant to be offered a la cerns as to how the process will pro- The SPEAKER pro tempore. The gen- carte. We can't just pick the sections we like ceed without the protection which will tleman will have to have his unani- and ignore those we don't care for. be eliminated by virtue of this unani- mous-consent amendment in writing. The people of the first district are fiercely mous-consent request. Mr. GEJDENSON. Mr. Speaker, I will independent in the proud Yankee tradition. Mr. BASS. Mr. Speaker, will the gen- return. However, they also have a proud tradition in tleman yield? Mr. STUDDS. Mr. Speaker, if I may believing in government and the good that it Mr. SAXTON. I yield to the gen- briefly observe, before yielding to my can do. tleman from New Hampshire. colleague from Massachusetts, I look The Connecticut River is today swimmable Mr. BASS. Mr. Speaker, I would like forward with great anticipation to the and boatable because the Federal Govern- to associate myself with the remarks gentleman on the other side offering ment took action under the Clean Water Act of the gentleman from New Jersey but analogous language on all future public back in 1972. also point out that the nature of the works and highway bills so that the When we passed the Silvio Conte fish and districts through which the Connecti- power of eminent domain may not be wildlife legislation we affirmed the purposes of cut River runs in Massachusetts and waived to frighten the good people of conserving, protecting, and enhancing impor- Connecticut is considerably different New Hampshire or of any other State. Mr. Speaker, I yield 5 minutes to the tant fisheries habitat, important wetlands, and geographically than that of New Hamp- gentleman from Massachusetts [Mr. other habitat for a broad variety of plants and shire and Vermont. So as a result, I be- OLVER] who holds the seat once held by wildlife. lieve that there is justification for this out late esteemed colleague, Silvio These species are held in the public trust. amendment in that the sheer territory Conte, who, if he were here today, I the public trust depends on the Federal Gov- covered by the potential for eminent suspect would be in the well with a ernment to act as its guardian. I believe that domain proceedings in Massachusetts pheasant or a moose mocking all of us. the people in my district depend on the Fish and Connecticut is substantially small- Mr. OLVER. Mr. Speaker, today I rise as the and Wildlife Service to guide the protection of er than in New Hampshire and Ver- Member of Congress who has had the honor the natural environment. mont. I certainly would not object to of following in office one of the greatest Mem- The choice is simple. You can either vote this amendment. bers of this body in this century on his legacy with those who have been swayed by rumor Mr. SAXTON. Mr. Speaker, continu- of environmental protection and conservation and distrust of the Federal Government. Or ing my reservation of objection, I for the people of the first district of Massachu- you can vote for the environment, for the ref- would just conclude by saying that in- setts. uge, and for its inhabitantsÐthe 2 million peo- asmuch as the gentleman from Con- Out of all of Silvio Conte's great successes ple but also the black bear, moose, the bald necticut and the gentleman from Mas- and legislative accomplishments, perhaps his eagle, red fox, bobcat, coyote, beaver, lynx, sachusetts apparently do not wish to legacy of conservation is what he will be re- salmon, shad, striped bass, herons, egrets, afford their constituents the same pro- membered for more than anything else. Which piping plover, osprey, and the kingfisher. tections that Mr. BASS does, I will not is what makes the Conte Fish and Wildlife And so today we're again faced with making object. Refuge so fitting for this man who has had choices for the Silvio Conte Refuge. It is a ref- Mr. Speaker, I withdraw my reserva- such a tremendous impact on the people of uge. Let it live out the true meaning of its tion of objection. the Connecticut River Valley. name. The SPEAKER pro tempore. Is there Sil Conte was a sportsman and a conserva- And as for its namesake, let the refuge con- objection to the request of the gen- tionist and he understood the interrelationship tinue to honor him in the legacy of conserva- tleman from Connecticut to amend the between the two. tion on which he spent his life's work. bill? H6130 CONGRESSIONAL RECORD — HOUSE June 11, 1996 There was no objection. believe this is silly. I think it is a very troversial as they otherwise would be The SPEAKER pro tempore. Without serious issue. perceived to be. I thought my mis- objection, the amendment is agreed to. Mr. Speaker, I yield such time as he givings were misplaced when I went on There was no objection. may consume to the gentleman from the corrections day advisory commit- Mr. STUDDS. Mr. Speaker, I yield New Hampshire [Mr. BASS]. tee and participated in the process myself such time as I may consume. Mr. BASS. Mr. Speaker, I thank the where, up to now, we have presented I am sorry this debate has gone this gentleman from New Jersey [Mr. bills that were noncontroversial, bipar- long. I would think all of us would be SAXTON] for yielding this time to me, tisan, clear-cut corrections of Federal more than a little embarrassed by hav- and I would only say that thee are, and law. ing devoted the amount of time we I have here, precedent after precedent But this bill is a controversial mat- have to this matter. There is no prob- after precedent in public works for the ter. It affects the gentleman from Mas- lem here that needs solving, none type of exemption that we are talking sachusetts, Mr. OLVER’s district, and whatsoever. about in this particular piece of legis- he is opposed to the bill, the adminis- I am prepared to concede to the gen- lation. tration vigorously opposes it, the gen- tlemen from over there that New What is most significant about this tleman from California, Mr. MILLER, as Hampshire and Vermont are larger effort is taht it is going to help pre- a ranking Democrat on the Committee than Connecticut and Massachusetts. I serve the Connecticut River basin. It is on Resources, and the gentleman from am prepared to concede for some rea- going to create an environment of co- Massachusetts, Mr. STUDDS, the rank- son they have a more profound para- operation amongst all of the parties in- ing Democrat on the subcommittee, op- noia than southern New England. I volved, and all we are saying is that pose the bill; Sierra Club and other en- could care less whether one State or the Fish and Wildlife Service’s promise vironmental groups oppose the bill. another is covered. I never mentioned not to use eminent domain in any in- Mr. Speaker, this is not appropriate my own State in my own remarks. My stance in this particular project, we for the Corrections Day Calendar, and I objection is to the principle involved are going to hold them to their word. am very disappointed that this bill has here as to whether we will allow the Now, it appens to be important to me been put on as a corrections day mat- Federal Government to have as a last tht we preserve the Connecticut River ter. When it came before the correc- resort the constitutionally sanctioned basin, but it is also important to me tions day advisory committee, no Dem- provision of eminent domain in the that we protect the rights of land- ocrat was present, there was a ballot public interest. owners and that we prevent this bill, vote where the Republicans voted one I noted with some interest not that it this problem, from slowing the long- way and whatever Democrats voted, was a particular State or States but term process. voted the opposite way. The Chair of the corrections day ad- that it was only at wildlife legislation, Mr. Speaker, I would also like to ask visory committee was advised that this not at highways, not at public works, for unanimous consent that my col- was controversial and that had Demo- league from Vermont [Mr. SANDERS] be but the paranoia seems to be finely fo- crats been at the meeting, we would recorded in support of this bill and be cused in this instance in the hills of have opposed this bill being placed on allowed to place a statement in the northern New England. the Corrections Day Calendar. The fact RECORD in support of the bill. b 1045 this bill is on the calendar as a correc- The SPEAKER pro tempore. (Mr. tions matter undermines the whole It is beyond me. I do not understand WALKER). Would the gentleman from idea of the validity of a Corrections it. I do not know why we have to dis- New Hampshire modify his request re- Day Calendar. It discredits the work of cuss it here. I do not know why it rises garding a statement in the RECORD? the advisory group for the Corrections to the level of being considered by this The gentleman cannot have a request Calendar. House. I think we should apologize to that another Member be recorded in our colleagues for the amount of time So I wanted to speak out on this favor. issue, opposing this proposal not only we spent on this. It is more than a lit- Mr. BASS. A statement in the in substance, which others can speak tle bit silly. No one thinks it is going RECORD, to amend my unanimous-con- more articulately about, but in terms to become law. It will die in the Cham- sent request. of the process itself. ber of the winds across the hall, and, The SPEAKER pro tempore. Without Mr. STUDDS. Mr. Speaker, I yield 2 anywhere else, it will die by other objection, that will be covered under more minutes to the gentleman from means. general leave. Massachusetts [Mr. OLVER]. So, Mr. Speaker, with apologies to There was no objection. Mr. OLVER. Mr. Speaker, I thank my brethren and sisters for the amount Mr. SAXON. Mr. Speaker, there a the gentleman for his indulgence. I just of time we have taken, I yield back the couple of Members on the other side wanted to respond to comments made balance of our time. who would like to have time at this on the other side and, in fact, in part Mr. SAXTON. Mr. Speaker, I yield time. I would be either happy to yield to agree with them. myself such time as I may consume. to them myself or to ask unanimous The gentleman from New Hampshire A, I do not apologize; and, B, this is consent to have the gentleman’s time points out and agrees that the nature not silly. This is a protection of peo- restored. of the territory is quite different. Of ple’s right to own property without The SPEAKER pro tempore. Without the 2 million people living in the Con- having to be afraid of Big Brother com- objection, the gentleman from Massa- necticut River watershed area that is ing along and taking it from them. chusetts [Mr. STUDDS] can reclaim the the subject of the Silvio Conte Fish I would say further, Mr. Speaker, balance of his time. and Wildlife Refuge Act, 80 percent of that the refuge system, as chairman of There was no objection. them live in Massachusetts and Con- the Fish and Wildlife and Ocean Sub- Mr. STUDDS. Mr. Speaker, I yield 3 necticut, whereas 80 percent of the land committee, the refuge system is some- minutes to the distinguished gen- involved in that area is in New Hamp- thing that I have taken great pains to tleman from California [Mr. WAXMAN]. shire and Vermont, at least 80 percent protect and to enhance the process Mr. WAXMAN. Mr. Speaker, I thank of the total land area involved. And in through which it works. That is why very much the managers of this bill for terms of the amount of acreage that we passed a bill earlier this year to re- giving me an opportunity to speak, and has been proposed after 3 years of form the process so that people will I do not come here to speak on the sub- study with hundreds of meetings, all of want the process to continue to move stance of the bill, but the process. them public meetings, all over the Con- forward so that they will not be afraid When whole idea of the Corrections necticut River basin, less than 20 per- that refuges and refuge managers and Day Calendar was proposed, I raised a cent of the very tiny amount of land the Fish and Wildlife Service will be- lot of concern about it because I being proposed as possible refuge sites come Big Brother and take over their thought it might be a vehicle for spe- actually occurs in the States involved, property. cial interest proposals, for controver- in the States of Vermont and New And so, Mr. Speaker, I do not apolo- sial matters cloaked, perhaps, in a Hampshire. So the territory is very, gize in any sense of the word, nor do I cover that maybe they are not as con- very different. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6131 In our erea, the support for the origi- As my colleagues know, we have create a modicum of protection for nal language of the Silvio Conte Fish preservation laws not only to preserve folks who make a living off of the land and Wildlife Act is extremely strong lands, but to preserve historic build- that might be affected by this poten- and extremely deep, and so for that ings, and whenever we try to preserve tial wildlife refuge. reason it is appropriate, and we believe something, people do give up certain Nobody opposes the idea of the Silvio that it should certainly be possible, rights because preservation carries Conte Wildlife Refuge. We want it to go that if there is a critical bog, one of with it certain responsibilities. ahead. But we feel that this amend- those critical areas under consider- Now, in my district the Appalachian ment, which is supported by numerous ation or a critical fish habitat area, Trail runs right through it, and the environmental groups in my home that we should not be in a position Government does have the right of State of New Hampshire, and I suspect where one owner may negate the pur- eminent domain, if they need it in that also in Vermont, is important to us. I poses of the protection under the Silvio instance, and we had to go through a would point out that there are 33 other Conte Fish and Wildlife Refuge Act, very painful relocation of a portion of precedents for use of this limitation on one owner may completely negate the the trail for very good reasons of safety eminent domain proceeding, and to the purposes of the public interest. and so on. And in the course of those best of my knowledge it has worked So in that sense this is an appro- negotiations with various property very well in all of those instances. priate kind of an amendment, and I owners we were able to negotiate good So I would urge the body to support might point out that there is a very solutions with all but one, and that one this bill along with its unanimous-con- similar case. And I will let the gentle- person simply could not see the public sent amendment. It is important for woman from Connecticut speak for her- interest, but could only see the private Vermont and New Hampshire, and it is self. interest. And if the Government had important for the future of this very Mr. SAXTON. Mr. Speaker, I yield not had the right of eminent domain, significant wildlife refuge. such time as he may consume to the which they never had to exercise, but if Mr. YOUNG of Alaska. Mr. Speaker, H.R. gentleman from New Hampshire [Mr. they had not had that right, that citi- 2909, the Silvio O. Conte National Fish and BASS]. zen would never have been required to Wildlife Refuge Eminent Domain Prevention Mr. BASS. Mr. Speaker, I’d just like stay at the table. And by staying at the Act, prevents the Fish and Wildlife Service to say that in response to my distin- table we did finally get a negotiated so- from purchasing land for inclusion in the Conte guished colleague from California, as lution that was satisfactory to the citi- Refuge without the consent of the owner. he well knows, just prior to his arrival zen and satisfactory to the Govern- I served with Silvio Conte for nearly 20 here on the floor we did exempt by ment in terms of achieving the public years, and I know that he cared deeply about unanimous-consent amendment the goal of a safe and beautiful trail across the protection of migratory bird habitat and the States of Massachusetts and Connecti- the Eastern Seaboard. creation of this refuge. This bill will further cut, which was so eloquently advocated So eminent domain is rarely used by both of those goals by increasing public sup- by my distinguished colleague from the Government, but it does provide port for this refuge. Massachusetts, Mr. OLVER, in mention- clear and convincing, in a sense, elbow Local residents want to see important habi- ing that 80 percent of the people in- to remind the individual citizen that tat protected, but some fear the Federal Gov- volved by or covered by this wildlife there is a larger public interest that ernment's sometimes heavy-handed land ac- refuge live in the States of Massachu- the Congress recognized in establishing quisition policies. This bill allows the Service setts and Connecticut, whereas 80 per- the Conte Refuge. I think the goals of to preserve important habitat, but also protects cent of the land is in New Hampshire. the Conte Refuge can be achieved with- property owners from overzealous bureau- Although just a small portion of the out any eminent domain actions; I am crats. The protections in this bill will enhance total area has been designated thus far absolutely convinced of that. But to the public's support of the refuge since sur- to be part of the wildlife refuge, the withdraw that from the law for this rounding property owners will know that their fact is that this is an open-ended particular project I think is to set a property cannot be taken without their con- project, as it should be, and there are, precedent that is very destructive and sent. as I recall, some 80,000 acres poten- also fundamentally counters the public H.R. 2909 would allow condemnations for tially affected by it. So it does have interest that lies behind not only this the purposes of settling title issues and deter- the potential to become quite a bit designation, but other designations, mining price as long as the property owner more substantial, which is not all that and also underlies our belief in things consents to such actions. There is precedent bad. like historic preservation tax credits. for this bill. In 1988, Congress enacted a law, I would also point out that the New So I oppose this bill. Public Law 98±548, which established a Fed- Hampshire Forest Society, the Appa- Mr. SAXTON. Mr. Speaker, I would eral wildlife refuge in Louisiana and stipulated lachian Mountain Club and other envi- ask the gentleman does he have any that the Fish and Wildlife Service could only ronmental groups based in New Hamp- further speakers? obtain lands for inclusion in this refuge from shire strongly support the passage of Mr. STUDDS. Not to my knowledge, willing sellers. this legislation. I would say to the gentleman. Furthermore, in the testimony of the Depart- Mr. SAXTON. Mr. Speaker, I yield 3 Mr. SAXTON. Mr. Speaker, with that ment of the Interior on H.R. 2909, the adminis- minutes to the gentlewoman from Con- understanding I yield such time as he tration witness stated that ``since 1989, the necticut [Mrs. JOHNSON]. may consume to the gentleman from Fish and Wildlife Service has not used con- Mrs. JOHNSON of Connecticut. Mr. New Hampshire [Mr. BASS] for his clos- demnation without the consent of the owner, Speaker, I have real concerns with this ing statement. and does not intend to use if for this unique legislation. The Conte Refuge is Mr. BASS. Mr. Speaker, I thank the refuge''. The testimony went on to say that unique. It is an urban refuge. Its goal gentleman from New Jersey for yield- ``no condemnation is planned for any aspect of was never to be achieved through the ing this time to me, and I would just this project.'' Putting the force of law behind acquisition of large tracts of land. like to point out that there is an enor- this policy will clearly enhance public support Rather, its goal was to restore the Con- mous difference between an effort to for this refuge. necticut watershed through partner- preserve a trail and an undertaking This bill is widely supported by environ- ships, conservation easements, cooper- that will potentially affect 80,000 acres mental and conservation groups in New ative agreements, environmental edu- of property. Hampshire, including the Appalachian Moun- cation with the Fish and Wildlife Serv- I would also point out that the scope tain Club, the New Hampshire Farm Bureau, ice providing technical expertise and of this piece of legislation is now, by the New Hampshire Timberland Owners Asso- serving as the catalyst for the effort, unanimous-consent amendment, lim- ciation, and the Society for the Protection of and in fact it is moving along very well ited to the States of New Hampshire New Hampshire Forests. and holds enormous potential for the and Vermont. Now, this is a very criti- I commend Congressman BASS for introduc- whole Northeast as being a very posi- cal issue for folks in New Hampshire ing this measure, and I urge an ``aye'' vote on tive contribution to the preservation of and Vermont, and the gentleman from this important property rights bill. our wilderness areas and the quality of Vermont [Mr. SANDERS] and I have Mrs. VUCANOVICH. Mr. Speaker, I under- our life in the Northeast. joined together in a bipartisan effort to stand the concerns of the gentleman from H6132 CONGRESSIONAL RECORD — HOUSE June 11, 1996

California [Mr. WAXMAN]. If he will recall, the Mr. STUDDS. Mr. Speaker, I object Owens Sanders Tauzin Oxley Sawyer Taylor (NC) advisory group met on March 20 of this year to the vote on the ground that a Packard Saxton Tejeda to consider five bills for the Corrections Cal- quorum is not present and make the Pallone Scarborough Thomas endar. While no members of the minority were point of order that a quorum is not Parker Schaefer Thornberry present at that meeting, all members of the present. Pastor Scott Thornton Paxon Seastrand Thurman advisory group are allowed, and were allowed The SPEAKER pro tempore. Evi- Payne (NJ) Sensenbrenner Tiahrt following that meeting, to participate by ex- dently a quorum is not present. Payne (VA) Serrano Torres pressing their views even though they may not The Sergeant at Arms will notify ab- Pelosi Shadegg Traficant Peterson (MN) Shaw Upton be able to attend our meetings. sent Members. Petri Shays Velazquez Following our March 20 meeting, we re- The vote was taken by electronic de- Pomeroy Shuster Vento viewed the input from all our members and a vice, and there were—yeas 347, nays 50, Porter Sisisky Vucanovich consensus was reached to recommend H.R. not voting 37, as follows: Portman Skaggs Walker Poshard Skeen Walsh 2909 to the Speaker for placement on the [Roll No. 225] Quillen Skelton Wamp Corrections Day Calendar when reported out YEAS—347 Quinn Slaughter Ward of the committee of jurisdiction, in this case Radanovich Smith (NJ) Watt (NC) Ackerman Dellums Johnson, E. B. the Resources Committee. Once rec- Rahall Smith (TX) Watts (OK) Allard Deutsch Johnston Ramstad Smith (WA) Waxman ommended, all corrections day legislation Archer Diaz-Balart Kanjorski Rangel Solomon Weldon (FL) must travel through the regular legislative Armey Dickey Kaptur Reed Souder Weldon (PA) process and be reported. Bachus Dicks Kasich Regula Spence White Baesler Dingell Kelly Richardson Spratt Whitfield I recognize that the corrections day process Baker (CA) Dixon Kennedy (MA) Rivers Stark Wicker is new to many and that we all have demand- Baldacci Doggett Kennedy (RI) Roberts Stearns Williams ing schedules. However, being a member of a Ballenger Dooley Kennelly Roemer Stenholm Wilson Barcia Doolittle Kildee panel such as the Corrections Day Advisory Rogers Stockman Wise Barr Doyle Kim Rohrabacher Stokes Wolf Group requires members' attendance in order Barrett (NE) Dreier King Ros-Lehtinen Studds Woolsey that we may be able to carry out its purpose. Barrett (WI) Duncan Kingston Rose Stump Wynn Mr. SAXTON. Mr. Speaker, I have no Bartlett Dunn Klink Roth Stupak Young (AK) further requests for time, and I yield Barton Edwards Klug Roybal-Allard Talent Young (FL) Bass Ehlers Knollenberg Royce Tanner back the balance of my time. Becerra Ehrlich Kolbe Salmon Tate Mr. STUDDS. I have no further re- Beilenson Emerson LaHood quests for time. Bentsen Eshoo Lantos NAYS—50 Bereuter Evans Latham Abercrombie Gephardt Pickett I want to close by commending the Berman Ewing LaTourette Borski Geren Pombo gentlewoman from Connecticut on the Bevill Farr Laughlin Bunn Gillmor Rush Bilbray eloquence of her lesson in civic respon- Fawell Lazio Clay Gutknecht Sabo Bilirakis sibility. Fields (LA) Leach Collins (IL) Hefley Sanford Bishop Fields (TX) Levin Costello Heineman Schroeder Mr. Speaker, I yield back the balance Bliley Flake Lewis (CA) DeFazio Hilleary Smith (MI) of my time. Blumenauer Foley Lewis (KY) Durbin Hilliard Taylor (MS) Blute The SPEAKER pro tempore. Pursu- Forbes Lightfoot Engel Hutchinson Thompson Boehlert ant to the rule, the previous question Fowler Linder English Jacobs Towns Boehner Frank (MA) Lipinski Everett Jones Visclosky is ordered. Bonilla Franks (CT) Livingston Fazio LaFalce Volkmer The question is on the engrossment Bonior Franks (NJ) LoBiondo Filner Lewis (GA) Waters Bono and third reading of the bill. Frelinghuysen Lofgren Flanagan Markey Weller Boucher The bill was ordered to be engrossed Frisa Longley Foglietta Martini Yates Brewster and read a third time, and was read the Frost Lowey Fox McDermott Zimmer Browder Furse Lucas Funderburk Menendez third time. Brown (OH) Gallegly Luther The SPEAKER pro tempore. The Brownback Ganske Maloney NOT VOTING—37 Bryant (TN) Gejdenson Manton question is on the passage of the bill. Andrews Gibbons Moran Bryant (TX) Gekas Manzullo The question was taken; and (three- Baker (LA) Harman Nethercutt Burr Gilchrest Martinez Bateman Hastings (FL) Peterson (FL) fifths having voted in favor thereof) Burton Gilman Mascara Brown (CA) Hayes Pryce the bill was passed. Buyer Gonzalez Matsui Brown (FL) Hoyer Riggs Callahan Goodlatte McCarthy A motion to reconsider was laid on Bunning Johnson, Sam Roukema Camp Goodling McCollum the table. Calvert Kleczka Schiff Campbell Gordon McHale Chapman Largent Schumer f Canady Goss McHugh Clyburn Lincoln Torkildsen Cardin Graham McInnis Dornan McCrery Torricelli GENERAL LEAVE Castle Green (TX) McIntosh Ensign McDade Zeliff Chabot Greene (UT) McKeon Mr. SAXTON. Mr. Speaker, I ask Fattah Meehan Chambliss Greenwood McKinney Ford Molinari unanimous consent that all Members Chenoweth Gunderson McNulty have 5 legislative days to revise and ex- Christensen Gutierrez Meek tend their remarks and include extra- Chrysler Hall (OH) Metcalf b 1120 neous material on H.R. 2909, the bill Clayton Hall (TX) Meyers Clement Hamilton Mica So the Journal was approved. just passed. Clinger Hancock Millender- The result of the vote was announced The SPEAKER pro tempore. Is there Coble Hansen McDonald as above recorded. objection to the request of the gen- Coburn Hastert Miller (CA) A motion to reconsider was laid on tleman from New Jersey? Coleman Hastings (WA) Miller (FL) Collins (GA) Hayworth Minge the table. There was no objection. Collins (MI) Hefner Mink f Combest Herger Moakley f Condit Hinchey Mollohan b 1100 Conyers Hobson Montgomery APPOINTMENT OF CONFEREES ON Cooley Hoekstra Moorhead H.R. 3103, HEALTH COVERAGE THE JOURNAL Cox Hoke Morella AVAILABILITY AND AFFORD- The SPEAKER pro tempore (Mr. Coyne Holden Murtha Cramer Horn Myers ABILITY ACT OF 1996 WALKER). Pursuant to clause 5 of rule Crane Hostettler Myrick I, the pending business is the question Crapo Houghton Nadler Mr. ARCHER. Mr. Speaker, pursuant of agreeing to the Speaker’s approval Cremeans Hunter Neal to clause 1 of rule XX and by direction of the Journal of the last day’s pro- Cubin Hyde Neumann of the Committee on Ways and Means, Cummings Inglis Ney ceedings. Cunningham Istook Norwood I move to take from the Speaker’s The question is on the Speaker’s ap- Danner Jackson (IL) Nussle table the bill (H.R. 3103) to amend the proval of the Journal. Davis Jackson-Lee Oberstar Internal Revenue Code of 1986 to im- The question was taken; and the de la Garza (TX) Obey prove portability and continuity of Deal Jefferson Olver Speaker pro tempore announced that DeLauro Johnson (CT) Ortiz health insurance coverage in the group the ayes appeared to have it. DeLay Johnson (SD) Orton and individual markets, to combat June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6133 waste, fraud, and abuse in health insur- They have stuck a controversial and other body, which voted against ance and health care delivery, to pro- objectionable medical savings account MSA’s, and they crowbarred this curi- mote the use of medical savings ac- provision in their bill to serve the Dole ous provision into the bill. counts, to improve access to long-term for President campaign and to assist As they have done over and over care services and coverage, to simplify special interest friends in the health again in this Congress, they bent the the administration of health insurance, insurance industry. rules and, quite frankly, they are in and for other purposes, with a Senate Mr. Speaker, our motion to instruct the process of making a mockery of the amendment thereto, disagree to the is simple: It tells the House conferees, conference structure of the two bodies. Senate amendment, and request a con- ‘‘Do not reinvent the wheel.’’ We have Mr. Speaker, who is going to pay in ference with the Senate thereon. before us a good bill which came from the end for this partisanship? It is The SPEAKER pro tempore (Mr. the Senate. It was totally non- going to be the American people, 28 WALKER). The gentleman from Texas controversial. It properly rejected a million of whom will be denied the ben- [Mr. ARCHER] is recognized for 1 hour. broad medical savings account provi- efits of significant improvements in Mr. ARCHER. Mr. Speaker, I yield sion as unwise and fiscally irrespon- health insurance and major reform. myself such time as I may consume. sible. The instruction tells House con- Let us have a real conference with Mr. Speaker, this is the customary ferees that with the exception of one genuine bipartisan dialog and negotia- motion to go to conference. I believe provision on which further analysis tion. Bring the President into the proc- the minority has a motion to instruct may be needed, simply recede to the ess in good faith, not by distorting the conferees. Senate. process by making the agreement be- Mr. Speaker, I yield back the balance On that one provision, an important forehand and then telling the President of my time. bipartisan amendment to provide men- to fly off. The SPEAKER pro tempore. The tal health parity offered by our friends A Presidential signature is going to question is on the motion offered by and colleagues, Mr. DOMENICI and Mr. be difficult. Let us get the Presidential the gentleman from Texas [Mr. AR- WELLSTONE, it instructs the conferees signature. Let us enact the legislation. CHER]. to study the issue and to consider Let us support the motion to instruct. The motion was agreed to. whether the provision would raise b 1130 f health insurance premiums. If the pro- vision is found to raise premiums, the Mr. ARCHER. Mr. Speaker, I yield 3 MOTION TO INSTRUCT OFFERED minutes to the gentleman from Califor- BY MR. DINGELL motion tells the conferees to do their best to adjust it to provide for the nia [Mr. THOMAS], the respected chair- Mr. DINGELL. Mr. Speaker, I offer a maximum possible mental health cov- man of the subcommittee of the Com- motion to instruct conferees. erage without raising premiums and mittee on Ways and Means. The Clerk read as follows: within the scope of the conference. (Mr. THOMAS asked and was given Mr. DINGELL moves that the managers on Make no mistake, my colleagues: The permission to revise and extend his re- the part of the House at the conference on conference committee is about to be marks.) the disagreeing votes of the two Houses on appointed, but it is one which already Mr. THOMAS. Mr. Speaker, it is with the Senate amendment to the House bill great pleasure and a certain amount of H.R. 3103 be instructed— has its decisions made. All the impor- (1) to recede to the Senate amendment ex- tant decisions are in place. Once more, pride that I take the floor this morn- cept with respect to section 305 of the Senate the extremist Republican majority has ing, finally, as we appoint the con- amendment; and told the American people and the ferees to meet with the Senate on our (2) with respect to such section (A) to con- President of the United States, ‘‘It’s health insurance package. sider whether the enactment of such section our way or the highway.’’ I find it somewhat ironic that this would result in an increase in premiums for The Congress has an opportunity this package passed the House some time private health plans and (B) if so, to provide ago, passed the Senate on April 16, but for concurring with such section with an year to enact a noncontroversial, a bi- amendment that adjusts such section to pro- partisan, a consenus health insurance it is not until June 11 that we are nam- vide for the maximum coverage of mental reform bill, a small one but an impor- ing conferees. That is simply because health services under health plans without tant one, a bill that would make health the Senate stalled. The Senate would increasing such premiums. insurance more widely available to the not go forward. The Senate Democrats The SPEAKER pro tempore. The gen- American people. Some 28 million peo- wanted to play politics with health tleman from Michigan [Mr. DINGELL] ple will benefit from the enactment of care once more. will be recognized for 30 minutes in this legislation. It is a bill which would We discovered, Mr. Speaker, that the favor of his motion. Does the gen- assure portability, guaranteed access President’s mediscare tactics over the tleman from Texas [Mr. ARCHER] wish and renewal. It would limit preexisting last year cost the American people to be recognized in opposition to the condition exclusions, and set up pur- more than $100 billion when we com- motion? chasing pools for small business. pare the 1995 Medicare trustees report Mr. ARCHER. I do, Mr. Speaker. This is a bill which was so broadly with the 1996 Medicare trustees report. The SPEAKER pro tempore. The gen- supported that it passed the Senate of If we follow the wishes of the former tleman from Texas [Mr. ARCHER] will the United States 100 to nothing. The chairman of the Committee on Com- be recognized for 30 minutes in opposi- Republican majority is not content, merce and pass this motion to instruct, tion to the motion. however, to stop here with a good bill. we are once again going to be part of The Chair recognizes the gentleman They could not resist playing politics an operation that delays and obfus- from Michigan [Mr. DINGELL]. with the health and security of the cates. Mr. DINGELL. Mr. Speaker, I yield American people. And in spite of the Mr. Speaker, the gentleman said that myself 5 minutes. President’s good faith offer to nego- the negotiations that we have been car- (Mr. DINGELL asked and was given tiate a carefully constructed pilot pro- rying on with the Senate tried to crow- permission to revise and extend his re- gram on MSA’s, they just could not re- bar provisions into the package. One marks.) sist sending a bill that will have to be man’s crowbar is another’s compromise Mr. DINGELL. Mr. Speaker, here we vetoed. and accommodation, and I just find it go again. Once again our friends and The beneficiaries of this will be the totally ironic that the gentleman from colleagues on the Republican side have health insurance industry, and then Michigan, given his history of rather spent days and weeks behind closed only a part of it. The people who will cavalier and arrogant management of doors. Our colleagues have been nego- suffer from this choice are the Amer- conference reports, would, in fact, tiating with themselves. They have ican people. Some 28 million Ameri- make such a comment. been excluding Members on this side of cans will not get the benefits of this He alluded to the fact that the Sen- the aisle. They have been excluding the legislation. ate package passed the floor 100 to 0. If President. They have been using their My Republican colleagues locked the that is the case, why is the motion to usual highly partisan style, strategy doors. They locked out the American instruct not to go with the Senate pro- and technique. people. They ignored the will of the gram? Oh no, he knows there were H6134 CONGRESSIONAL RECORD — HOUSE June 11, 1996 flaws in the Senate bill. So on the one will of a majority of the Senate in op- that they can expend that money for hand he says we have to go with the position to medical savings accounts. their health care in the last 2 years of Senate, they are wise, they were bipar- Mr. Speaker, we do not know many, their lives. tisan, they passed it 100 to 0, but, oh, many of the important deals of the They want the elderly to be dumped by the way, in the motion to instruct, back room deal. If it is like previous and the ability that we provide in the we do want to make changes in the ones that handed billions of dollars to House bill for them to be able to have Senate provision. the American Medical Association in long-term care deductibility on their Well, let me tell my colleagues, the exchange for support of an ill con- insurance premiums. House and the Senate coming together structed and conceived Medicare bill, They want all that to be thrown over has created historic legislation. We be- or if it is similar to a payoff of the sup- and accept at face value everything in lieve the President will be compelled to porters of GOPAC and the Republican the Senate bill except the provision sign this package. We changed the lan- Party to pay off the Golden Rule Insur- that the Senate put it to help those guage in the fraud and abuse area so ance Co., we can be pretty sure that who have mental illness. that someone committing a book- those deals are in there. Mr. Speaker, this is a weird motion keeping error would not be liable to The Senate passed a good bill. It did to instruct, and I think the House the penalties. Rather it is deliberate a better job on mental health amend- should clearly turn it down because it ignorance or reckless disregard of the ments, which provided parity, which I exposes the minority for what they law, rather than a simple bookkeeping assume the Republicans do not care really are. They do not want real error. about mental health. It did not deal health care reform, they just want is- Mr. Speaker, we have cleared away a roughshod with malpractice, and recog- sues. lot of the paperwork logjam that has nizes that 80,000 people are killed in We have a very good bill in the been there way too long. We cleaned up hospitals each year. It weakened anti- House, passed overwhelmingly by a bi- the long-term care insurance area, fraud, or the Republican bill weakens partisan vote, and we will work from changing the Tax Code to allow seniors antifraud and the Senate did not. The that to negotiate with the Senate so to deduct this off of their medical ex- Senate did away with the MEWA’s and that we can end up with a better bill penses. That has been left to languish is a better bill all around. than what the Senate has created. far too long. And on MSA’s, the agree- The Senate bill provides 80 percent Mr. Speaker, I reserve the balance of ment between the House and the Sen- deductibility for the self-employed. It my time. ate is to begin on January 1 with em- covers all companies, not just those Mr. DINGELL. Mr. Speaker, I yield 2 ployers of less than 50 employees. Cur- with less than 50 workers, and it is a minutes to the distinguished gen- rently, out of the 29 million in that better protection for the purchase of an tleman from New Jersey [Mr. category, only 3 million have health in- individual insurance policy. PALLONE]. surance. The MSA’s will afford health Mr. Speaker, for individuals, for U.S. Mr. PALLONE. Mr. Speaker, it is a insurance for millions of Americans if citizens, the Senate is a better bill. The sad day today in the House of Rep- we disregard the motion to instruct. House bill is better for large contribu- resentatives on health care reform. We Mr. DINGELL. Mr. Speaker, I yield tors to the Republican Party. The know that this process began in the myself 30 seconds. House bill is a better bill for rich doc- President’s State of the Union address The distinguished gentleman from tors. The House bill is a better bill for where he called upon this House, on a California has referred to me in a most insurance companies. It is not as good bipartisan basis, to pass the Kennedy- kindly fashion. He has also alluded to a bill for individuals in this country. Kassebaum bill, with the goal essen- the fact that the deal has already been It would be in the best interest of our tially of expanding insurance coverage cut. I would note that this is interest- constituents, of all people in this coun- basically for people who have preexist- ing from the standpoint of the business try, to go back, accept the Senate bill ing conditions, who have not been able at hand. and recognize that we have thereby to get health insurance, or for those He has also said some other things. done a good job. who have trouble because they lose He has tried to blame the Democrats in Mr. ARCHER. Mr. Speaker, I yield their health insurance when they lose the Senate for the action of the Repub- myself such time as I may consume. I their job or transfer from job to job. lican Presidential nominee, the gen- rise in opposition to the motion to in- We had a bipartisan consensus to tleman from Kansas, Mr. DOLE, who is struct. move on these two issues, portability the majority leader over there until Mr. Speaker, it seems ironic to me and preexisting conditions, to expand this afternoon, I am told, at which that the minority wants us to abandon insurance coverage. But, instead, from time he will be leaving. But it will be all of the bipartisan work that oc- the very beginning, the Republican noted that this good majority leader curred in the House of Representatives leadership insisted on these medical has not, during the time that the gen- and simply accept the Senate bill. It is savings accounts, which is nothing tleman from California complains, ap- also interesting that the only part of more than a special interest way of pointed the conferees. the Senate bill that they do not want providing catastrophic health care cov- Mr. Speaker, I yield 3 minutes to the us to accept at face value is the provi- erage that most Americans, except for distinguished gentleman from Califor- sion on mental health. the healthy and the wealthiest among nia [Mr. STARK]. Amazing. They want us to dump mal- us, will not be able to take advantage Mr. STARK. Mr. Speaker, I thank practice reform, which is driving up of. the gentleman for yielding me this the cost of health care for all Ameri- It was all done because essentially it time. cans. But, of course, that is what the was a payback. The Golden Rule Insur- Mr. Speaker, the press reports indi- trial lawyers want. So they want that ance Co. has made big contributions to cate that Republicans have reached a to be totally dumped. the GOP, and they would reap big prof- deal among themselves and at long They want us to dump the ability of its if the MSA proposal becomes law. last, after 2 months, they want to ap- small businesses to be able to pool to- They have given about $1.2 million ba- point conferees, which I presume is for gether to get their insurance prices sically to various GOP causes. So from taking pictures and presenting us with down so that they can compete with the very beginning there were not con- a done deal. Not exactly what I would large companies. They want that ferees appointed because we know that consider an open and fair legislative thrown overboard. the other side, the Republicans, wanted process. They want all of the revisions that to include the MSA’s, and they still My colleagues across the aisle have will help to cut the cost of paperwork have. purposely turned their backs on the and administrative redtape dumped. Mr. Speaker, with this proposal best opportunity of the year for a bi- They want us to dump the provisions today, our understanding is that when partisan bill that would have been de- that will help those who are in termi- the conference is done they will simply veloped openly and fairly. It is com- nal illness from being able to have ac- ratify a proposal that still allows these pletely backward from the normal celerated death benefits out of their in- MSA’s to be included. It is a shame, be- process and is designed to end run the surance policies, like those on AIDS, so cause the Kennedy-Kassebaum bill was June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6135 crafted to keep premiums affordable just folks who do not have health in- ference will include mental health par- because it would not impact the insur- surance and need an opportunity to ity. ance risk pool by encouraging healthy have this choice. The second reason I support the gen- tleman’s proposal is the MEWA provi- individuals to drop coverage. b 1145 The MSA provision does the opposite. sion that allows employers to join to- It is the poison pill. It basically makes It is a small, modest compromise. It gether but preempts the abilities of our it so that only the healthy and the requires a study, and it requires a con- States to regulate. We talk about we wealthy can take advantage of this gressional vote after 3 years before an want the States to do more, but the catastrophic coverage, and Americans expansion. It is just the right kind of MEWA provisions in the House bill who do not choose to join the MSA’s, compromise that the House and Senate would prevent our States from regulat- because of the high risks involved, will are capable of coming to to move for- ing. The State of Maryland has enacted see their health insurance premiums ward with the public business so that small market reforms. The MEWA pro- increase. we can guarantee portability to Ameri- visions would prevent that. The end result then, Mr. Speaker, is ca’s workers, so that we can guarantee Mr. Speaker, I urge my colleagues to health insurance premiums increase for long-term deductibility of long-term support the motion. the average American. And instead of insurance premiums; truly the right Mr. ARCHER. Mr. Speaker, I yield 6 having more people insured, which was answer to controlling Medicaid spiral- minutes to the gentleman from Illinois the very purpose for the President’s ing costs, absolutely the right answer [Mr. HASTERT], a gentleman who has call back in his State of the Union ad- to make long-term health care pre- contributed so much to the develop- dress, we will have less Americans in- miums deductible. ment of health care policy in the sured. That is in this. As important a re- House. Mr. ARCHER. Mr. Speaker, I yield form as this Congress has ever consid- Mr. HASTERT. Mr. Speaker, it is in- myself such time as I may consume. ered in the health care area. We have teresting to hear the debate, especially The gentleman’s comments are just the opportunity to serve the public from the other side of the aisle. It is not founded on facts. The Rand Corp. well. also interesting to hear the rhetoric has done a study about medical savings Mr. Speaker, I oppose the special in- from the other side of the aisle that accounts, the Journal of American structions of the gentleman from tries to create a class warfare on a Medicine has come out with a study, Michigan [Mr. DINGELL]. piece of legislation that is really for what the American people want. and both of them say there will not be Mr. DINGELL. Mr. Speaker, I yield 2 If my colleagues would look at this adverse selection. Both of them do not minutes to the distinguished gen- tleman from Maryland [Mr. CARDIN]. bill, this does not treat any special in- support in any way the gentleman’s terests, it does not take any upper-in- comments that this would help the rich Mr. CARDIN. Mr. Speaker, I con- gratulate the gentleman from Michi- come group and give them a special or this would help only those who are deal. What it does is allow working healthy. Not so at all. All of the empir- gan [Mr. DINGELL] for the work he has done on health care reform. I am Americans, people who work for small ical data puts that down. businesses, people who are self-em- Mr. Speaker, I yield 2 minutes to the pleased that we are finally going to conference on this health reform bill. ployed to, have a choice. gentlewoman from Connecticut [Mrs. Is that so wrong to do, to give people Since the President’s State of the JOHNSON], the respected chairman of choices on what they want with their Union Address, there has been biparti- the Subcommittee on Oversight of the health care future; what they want to san support in passing legislation that Ways and Means Committee. do to choose a health care policy that would eliminate preexisting conditions Mrs. JOHNSON of Connecticut. Mr. best suits them and their family? A for people who lose their jobs and need Speaker, I thank the gentleman for health care choice that they have the yielding me this time. to change from one group plan to an- opportunity to begin to take care of Mr. Speaker, this is an extraordinary other, or from a group plan to an indi- their long-term health care future if opportunity for this House and this vidual plan. they wish to do that? That is exactly Congress. We have the opportunity in We have wanted portability, both what is in this bill. the conference process to come to Democrats and Republicans have asked Mr. Speaker, we give portability and agreement on a bill, and we can al- for us to move this legislation, and I affordability. That was our goal: To let ready see the agreement out before us am pleased that at last we are going to people have the ability to get health that will guarantee to the working peo- conference in order to get this done. care insurance, even when they change ple of America the right to move from Mr. Speaker, I support the motion of jobs, group to group or group to indi- job to job without losing their health the gentleman from Michigan to in- vidual. That they are not denied health insurance due to preexisting condi- struct the conferees, and let me give care because they or their family have tions. two reasons that I hope that the final a preexisting condition. That is out of Why would we want to limit con- bill that we will vote on will contain. this bill. We are there. They have the ferees’ ability to merge the fraud and First, mental health parity. Mental ability to have that portability. They abuse provisions of the House and Sen- health parity is important to help start have the ability to move from job to ate bill and choose those provisions to remove the historical discrimina- job. that are really strongest but also most tion against mental illness in this Na- Also, one of the things that we do protective against small minor mis- tion. There has been a lot of talk that here is long-term care so seniors who takes and making those as criminal? that may increase the premium cost. worry about their golden years and be- Why would we want to tie the con- Let me give the experience of the State yond those times when maybe they are ferees’ hands and not let them include of Maryland. able to take care of themselves, that administrative simplification provi- Mr. Speaker, we have enacted mental they are not thrown out into the issue sions worth billions and billions of dol- health parity in our State that is effec- that they have to give up all of their lars in savings to our health care sys- tive against State-regulated health in- resources that they are able to take tem? surance plans. We have found no appre- their life insurance, in fact if they had Why would we not want them to con- ciable increase in premium costs as a a catastrophic health care problem sider a compromise in the medical sav- result of establishing parity. that they could convert that life insur- ings account that does not open up the Mr. Speaker, when consumers have ance tax free into long-term care insur- right to medical savings account to the reasonable access to health care, we ance, and also treats long-term care in- big givers of the Republican Party, as find that we have more cost-effective surance in a tax issue that is just like my colleague, the gentleman from health care; we do not force people into any other health care insurance. It is California [Mr. STARK], claims, but more costly circumstances. We have tax deductible. Does that not make rather only opens it up to the employ- found in-patient care actually decline sense? I think it makes a lot of sense. ees of small businesses, 50 or under? as a result of providing mental health Deductibility, for those people who Frankly, Mr. Speaker, those folks are parity. We would hope that the final have never had the break in small busi- not big givers to either party. They are bill that comes to the floor from con- ness, where big businesses can go and H6136 CONGRESSIONAL RECORD — HOUSE June 11, 1996 deduct their health care insurance as legislation that really gives us true tected is the mental health provisions? an expense against their business, health care reform, something that we The only thing that this motion to re- small business has never had that. have not seen in this Chamber for 20 commit says to the conferees that they Sometimes we have given them 25 per- years. It is time we pass it and it is can take out of the Senate bill is the cent; sometimes it has been zero, be- time we pass it in the House version. mental health provision, the very thing cause the Congress has not acted, and The SPEAKER pro tempore. Without that the gentleman says is so impor- then now it is 30 percent. objection, the gentleman from New tant? Why is that in this motion to in- Mr. Speaker, we try to move that to Jersey [Mr. PALLONE] will be recog- struct? parity. We try to give those people, and nized to yield the time previously allo- Mr. MCDERMOTT. Mr. Speaker, will we do in this bill, 80-percent deductibil- cated to the gentleman from Michigan the gentleman yield? ity, so small-business people have the [Mr. DINGELL]. Mr. ARCHER. I yield to the gen- ability to go out and buy insurance and There was no objection. tleman from Washington. get the same break that big businesses Mr. PALLONE. Mr. Speaker, I yield 2 Mr. MCDERMOTT. Mr. Speaker, I get. minutes to the gentleman from Wash- thank the gentleman for giving me an Fraud and abuse: The American peo- ington [Mr. MCDERMOTT]. opportunity to respond to that. On our ple know that fraud and abuse is one of (Mr. MCDERMOTT asked and was side, we figured out that we have to the biggest issues out there, that one given permission to revise and extend make compromises to get things out every 10 health care dollars gets his remarks.) through. wasted. Wasted. And any senior citizen Mr. MCDERMOTT. Mr. Speaker, what Mr. ARCHER. Mr. Speaker, to say will tell you that waste, fraud, and we are engaged in here today is basi- that the gentleman wants to com- abuse is rampant in our system. cally a sham. The Republicans have promise that, and not take the Senate Mr. Speaker, we address waste, fraud, met by themselves and decided what language, but not compromise any- and abuse in this issue. We take that this bill is going to contain. And much thing else, why is that the only part issue down and say that we are going of what the gentleman from Illinois that the Democrats are willing to com- promise? That seems very strange. to draw the line of those few people in [Mr. HASTERT] says is correct. There The gentleman, particularly because the health care providers that take ad- are a lot of good things in this bill. of his background, I would think would vantage of the poor, that take advan- But, Mr. Speaker, this proposal is de- want that to be taken out of this mo- tage of the old, that take advantage of signed to be vetoed by the President. tion to instruct. people who need health care and get Now, if we answer 10 issues and all of Mr. Speaker, I yield 11⁄2 minutes to slicked into something that they can- them are good, we have portability, the gentleman from California [Mr. and we make it so that preexisting con- not afford. THOMAS]. Mr. Speaker, I have to say that the ditions cannot prohibit consumers Mr. THOMAS. Mr. Speaker, I would gentleman from New Jersey [Mr. from getting insurance and so forth, if ask the gentleman from Washington if PALLONE], who spoke a few minutes we had 10 issues that were good and we he would like to come to the mike. I ago, made this big issue and talked knew we could get them, but we had will give him time on my time to re- about class warfare and something for one other issue that the President said, spond to a question I would like to ask the rich. I just have to say that that is ‘‘If you put that in, I am going to veto him, because in his statement he was just not so. it,’’ why would we put it in except un- quite emphatic that if the medical sav- Now, I would never accuse that gen- less we wanted the President to veto ings accounts as we are beginning to tleman of not telling everything that it? work them out with the chairwoman he knows, but let me say this: He of- The Republicans have no intention of on the Senate side from Kansas, that fered the same motion on the floor passing this bill. They stuck that poi- if, in fact, we work out something that when we discussed health care reform, son pill of medical savings accounts in is acceptable to the gentlewoman from this same piece of legislation, and it simply because they know the Presi- Kansas, that the President is going to was defeated overwhelmingly in this dent has given his word. He has told veto it. House. And now he is coming back them in advance, ‘‘If you put that in, Mr. Speaker, the gentleman from from a second bite of the apple, I think gentleman and ladies, I am going to Washington spoke with such certainty that is a little bit much. veto this bill.’’ So, they do it anyway. that this was a poison pill. I guess I Mr. Speaker, let us talk about medi- Now, the question then is why, after would ask the gentleman if it is in- cal savings accounts. Medical savings 2 years of fighting, do they have a se- cluded and the President signs it, what accounts in this bill give the people cret conference committee make the does it tell the gentleman about the who are small-business people the abil- decisions and put a bill out here on the President? Why is he so certain the ity to give their employees a choice. floor that they know the President is President is going to veto the package Now, I thought in a democracy such as going to veto? if it has the compromised MSA lan- the United States of America, that Mr. Speaker, my answer is that they guage in it? choice is really what democracy is all have no intention of doing anything to Mr. MCDERMOTT. Mr. Speaker, will about, small ‘‘D’’ democracy. fix the American’s problem with health the gentleman yield? Choice is what people can choose. care in this country. There are now 44 Mr. THOMAS. I yield to the gen- Choice puts the market in. Choice million people in this county, and the tleman from Washington. gives the ability to go out and buy the number is growing every single day, Mr. MCDERMOTT. Mr. Speaker, I best program for the best amount of and yet they refuse to make the very think the President has made it pretty money. small changes of portability and get- clear that if my colleagues on the Now, if we think government is ting rid of preexisting conditions. other side of the aisle put the medical smarter than the people, if we insist on In fact, Mr. Speaker, they are going savings accounts in, and this proposal big government programs, then we to kill the mental health provisions. As is not some kind of pilot program. The would want to deny people choice. We a psychiatrist, I know that people who gentleman knows that. It goes for 3 want to deny them the ability to do have mental health problems in their years, then it becomes open to the the right thing. This piece of legisla- family have a very difficult time get- whole world. My view is that the gen- tion gives people choice. It allows them ting coverage. And this bill that the tleman is going to continue and—— to do the right thing for themselves Senate put together was a good pro- Mr. THOMAS. Mr. Speaker, reclaim- and their family. posal. It ought to be accepted, but, in ing my time, I was amazed as to how Mr. Speaker, I salute the gentleman fact, they have put in a poison pill. certain the gentleman from Washing- from Texas [Mr. ARCHER], chairman of Mr. ARCHER. Mr. Speaker, I yield ton was that the President would veto the Committee on Ways and Means, myself 1 minute. it. I think that certainty does not and the gentleman from Virginia [Mr. Mr. Speaker, I would ask the gen- come from knowledge; it comes from BLILEY], chairman of the Committee on tleman from Washington why is it that fear that the President will, in fact, Commerce, for doing the right thing in in this motion to recommit the only sign the legislation because it is a rea- this bill, coming out with a piece of thing in the Senate bill that is not pro- sonable compromise and is going to June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6137 leave a lot of people who have been Mr. Speaker, my Republican col- you have to reach an informal agree- very unwilling to be reasonable out on leagues have been negotiating amongst ment amongst yourselves before we can the limb. themselves and would now have us buy consider the appointment of conferees. Mr. Speaker, we are going to test what we might call a pig in a poke, We should not be able to have this ar- that hypothesis very soon because I be- sight unseen, take it or leave it. We do gument both ways. lieve the President will sign this very not know but we think they have made Then their argument is that, oh, responsible health insurance reform some beneficial corrections to the well, of course, this is going to be ve- package. original Republican bill, including the toed because there is a poison pill in Mr. PALLONE. Mr. Speaker, I yield 2 dropping of MEWA’s or an unregulated here, and that poison pill is medical minutes to the gentlewoman from Con- small business insurance product and savings accounts. God forbid that we necticut [Ms. DELAURO]. allowing for full deduction of health in- let people choose their own health care b 1200 surance costs for the self-employed and spend their own money in order to determine what the best value of Ms. DELAURO. Mr. Speaker, today which was actually in the Democratic will be remembered as a sad day in this substitute which I offered along with health care is for each individual, the Congress, a day when we missed an op- the gentleman from Michigan [Mr. DIN- ultimate in portability. When you have portunity to help millions of working GELL] and the gentleman from South a medical savings account, if you do families. Once again congressional Re- Carolina [Mr. SPRATT]. We think that change jobs, you clearly carry it with publicans serve up legislation to help is good, but we do not know if it is real you. It is yours. It is the ultimate in wealthy special interests. This bill, in there. portability. which started off as a good bipartisan Unfortunately, we have fiddled away If it is a poison pill, how can it be bill that would have helped working several months in order for the Repub- that 80 percent of the American people families, people who move from job to licans to force an iffy and untested, un- by polls, survey after survey, support job, to maintain their health insur- sure tax incentive on the entire Na- medical savings accounts? Why is it ance, prohibit preexisting condition, tion. While there may be merit in the poison when 80 percent of the people add parity for mental illness, this bill medical savings accounts, we really do say, give me that choice in my individ- has been hijacked by Speaker GINGRICH not know and we should not hold up ual life? Mr. Speaker, I reserve the balance of and by Majority Leader DOLE. portability and preexisting condition Under the banner of reform, the discrimination for a pilot project. That my time. House passed a bill that raises health is why the Republican Senate rejected Mr. PALLONE. Mr. Speaker, I yield 2 care costs, hurts consumers and in- the Dole MSA amendment when this minutes and 30 seconds to the gen- creases the number of uninsured. By bill was considered in the other body. tleman from Michigan [Mr. LEVIN]. including medical savings accounts, It is unclear and we do not know (Mr. LEVIN asked and was given per- skimming the healthy and the wealthy whether MSA’s will result in a dilution mission to revise and extend his re- out of the traditional insurance pool, of the insurance pool. We do not know marks.) we will see in fact insurance costs go whether or not employers will choose Mr. LEVIN. Mr. Speaker, there is a up. Do not take my word for it. Take to substitute lesser benefits for their lot of smoke screening going on here. the American Academy of Actuaries, employees. We do not know what the The issue is not malpractice insurance. not a liberal group by any stretch of real fiscal impact will be. So it comes I think the Republicans are ready to the imagination. They estimated that down to a basic fact of why not pass drop that. The issue is MSA’s and this skimming process would result in what we all agree upon and get it done whether they will be included. There is a 61 percent increase in health care and come back and look at that. But a good reason. The reason it was held premiums for those who remain in tra- our colleagues do not want to do it. up, the whole conference on the other ditional plans. I would also add, Mr. Speaker, that side, was because the majority leader, Let me tell my colleagues why do we we do not know whether or not this bill as I understand it, wanted to stack the have such bad policy here in the House. would still contain duplicative conference with Members who are in We will find out in a second here when medigap insurance premiums which favor of MSA’s. we know that the company that pro- would cause senior citizens who pay Let me just indicate the problems vides most of these medical savings ac- twice for what they are getting only with MSA’s, as they came through the counts, the Golden Rule Insurance Co., once. Quite frankly, what we ought to House. First of all, there is a health has been the third largest donor to Re- do is to go back and pass a guarantee policy issue. That is, if you allow peo- publican political campaigns, more of issue of medigap insurance for senior ple to go into these, the healthier peo- than a million dollars to the Repub- citizens since the Republican Medicare ple, they are likely to raise the pre- lican Party over the last 4 years. That plan seeks to force seniors to managed miums for everybody else. That is the is why we see this addition to this bill. care anyway. But we do not know what problem. There is a second problem and Sadly, this is a bad piece of legisla- that bill is going to do with that. Mr. that relates to tax policy. tion. Let me repeat, under the banner Speaker, the fact of the matter is they As they passed the House, here is of reform this bill as passed will raise have been dealing amongst themselves. what people could do, and I understand health care costs. It hurts consumers Let us pass a bill that we all agree the gist of this remains in the agree- and it will increase the number of un- upon and let the American people have ment that none of us have seen. That insured. We had a wonderful oppor- a victory for once. is, people, especially wealthier people tunity to pass help for working fami- Mr. ARCHER. Mr. Speaker, I yield who would benefit, could put moneys lies in this country. Because of special myself such time as I may consume. into MSA’s, they could accumulate in- interests, the Republican majority has As I listen to the comments from the come from those investments; they denied that opportunity to working other side of the aisle, I can only con- would not be taxed. At a certain age families today. clude that the Democrats really want they could withdraw that without pen- Mr. ARCHER. Mr. Speaker, I reserve to have it both ways. They want to alty. I think it was 59 here. Maybe it the balance of my time. talk about special interests, but they has been raised. If they kept the mon- Mr. PALLONE. Mr. Speaker, I yield 2 do not want to talk about the special eys until death, it would not be subject minutes to the gentleman from Texas interests and the trial lawyers who will to taxation upon death. [Mr. BENTSEN]. not let us have medical malpractice re- So essentially what we have is an in- (Mr. BENTSEN asked and was given form. They do not want to talk about centive for wealthier people. It is kind permission to revise and extend his re- that. They want to talk about secret of an IRA for wealthy people. marks.) agreements. Yet the reason that we By the way, they could take the Mr. BENTSEN. Mr. Speaker, I rise in have not gone to conference after all money, they could keep it in there and support of the motion to instruct be- these weeks is because in the other spend other income on health care. cause it puts us on a fast track to real body one Senator has prohibited, pre- That is why we say, just as my col- bipartisan market-based health care vented the appointment of conferees. league tied Medicare to tax breaks for reform by adopting the Senate bill. In the other body, we are told, well, very wealthy people, we are tying what H6138 CONGRESSIONAL RECORD — HOUSE June 11, 1996 is needed here, and that is portability are trying to protect them. But now will be able to leave their jobs without and protection against preexisting con- what happens is all the special inter- having to worry about losing their ditions to a proposal that is mainly ests ride in with this very important health insurance due to a preexisting going to be a tax benefit for wealthier bill and they try to turn it into a condition. people. It is not a choice issue. It is goodie grab bag for all of their special We should move quickly to enact a that issue. And my colleague has never interest concerns. conference report that powerfully faced up to it. Kennedy-Kassebaum is not perfect, fights fraud and abuse in the health That is why we are questioning but it is a very good bill; and it is what care system. It has often been said that MSA’s in addition to the health policy. the American people want: portability, could be as much as 10 percent of We need to respond to this. Otherwise preexisting conditions protected health care costs. The Senate bill does we are going to have our opposition against. not have that; the House bill rightfully and a veto from the President. My mother always said that half a does in this one health care train that Mr. ARCHER. Mr. Speaker, I yield 1 loaf is better than none. I support Ken- will leave the station this year. minute and 30 seconds to the gen- nedy-Kassebaum, even though it is This bill can create new criminal tleman from Illinois [Mr. HASTERT]. really a couple of slices and I know penalties against those who engage in Mr. HASTERT. Mr. Speaker, I have a that the American people want a whole health care fraud and a national health great deal of respect for the gentleman loaf so that they have not only health care fraud and abuse control program from Michigan, but he is just unin- insurance which is accessible but also to coordinate Federal, State, and local formed or he does not know what he is affordable. But we cannot get that law enforcement actions. talking about. When he talks about done this year. There will be no bill. We can end the discrimination in the smoke screen, it is the incredible Unfortunately, the leadership, the Tax Code against more than 3 million smoke screen that is coming up on the House and Senate leadership has taken small self-employed business people, other side of the aisle. a couple of good, wholesome slices of increasing the deductibility of health Medical savings accounts can accrue, health insurance reform and slapped a insurance to 80 percent for the self-em- true. But when you withdraw, if you whole lot of extraneous junk food on ployed and giving them the oppor- withdraw that medical savings account top, creating a health care hoagie of tunity to select, if they wish, medical for anything except health care, you medical savings accounts, caps on med- savings accounts. pay a 15-percent penalty. Nobody is ical malpractice awards and other We can make health care more af- going to try to accrue this money and unhealthy additives. These anchovies fordable to senior citizens by passing then try to pull it out with a 15-percent and olives and onions are certain to into law two of the Contract With penalty. That is far above what advan- tickle the taste buds of a very few spe- America items that allow tax deduc- tage they get in the tax benefit. Also it cial interests but cause heartburn for tions for long-term health care needs, is not for rich people. This is for small millions of consumers. like nursing home and health care cov- business people and self-employed peo- Mr. Speaker, the House and Senate erage in long-term care. Also, termi- ple. That is the way the bill was writ- Republican leadership has taken a non- nally ill patients receive benefits by al- ten. Those people who work day in and controversial health care bill and lowing them to receive tax-free, accel- day out with the sweat of their brow so turned it into a special interest feeding erated death benefits on their insur- that they can afford health care for frenzy. That is wrong, just plain wrong. ance policies while they are terminally their family and they can have a choice We should put the needs of American ill. of health care for their family. families above the demands of the glut- And, finally, we can pass a bill that Finally let me say, when a person is tons of Gucci Gulch outside the Com- includes the ultimate and best in port- 65 years of age, yes, he can withdraw mittee on Ways and Means. ability, which is medical savings ac- that money and pay his taxes on it or Mr. ARCHER. Mr. Speaker, I yield counts. MSA’s are a valuable option in he could withdraw that money and put myself such time as I may consume. the health care market because they it into long-term care. Boy, is that not Again, it would be very good if we put people in control of their own a problem in this country? Or he can could stick to the facts. What this mo- health care decisions. They are popular withdraw that money and pay for a tion to instruct does is it takes a whole with 80 percent of the American people. catastrophic health care problem in his Senate bill, dumps everything in the The only reason I can believe that they family. That is certainly a problem, es- House bill, takes the whole Senate bill, have been made so controversial by the pecially if you are over 56 years of age. except for one thing, help for the men- other side, because they are not con- What the Members on the other side of tally ill. It says, no, the mentally ill troversial with the American people, is the aisle are doing is trying to deny can be thrown overboard, but every- because they are the single biggest bul- senior citizens the ability to have thing else that is in the Senate bill, wark to the Federal Government tak- health care security and long-term you have to accept. ing over our entire health care system, health care security. That is where the and so many on the other side would b 1215 smoke screen is, Mr. Speaker. like nothing more than what President Mr. PALLONE. Mr. Speaker, I yield 2 It says no to small-business pooling Clinton proposed in the last Congress, minutes and 30 seconds to the gen- that will let them compete with major which is a complete Federal takeover tleman from Massachusetts [Mr. MAR- corporations. That is what it says no of the health care system. The Amer- KEY]. to. That is in the House bill, not in the ican people do not want that. Mr. MARKEY. Mr. Speaker, these are Senate bill. It says no to paperwork MSA’s have a bipartisan history in very simple instructions. It says, say simplification. It says no to fraud and the House. Over 40 Democrats voted for yes to Kennedy-Kassebaum. Say yes to abuse. We cannot attack fraud and them here in the House. They were portability. Say yes to a ban on pre- abuse. We got a very touch good provi- originated in the first bill by myself existing conditions. That is what our sion in the House bill; the Senate does and the gentleman from Indiana [Mr. instructions here today are to the ne- not. Says no to long-term care facilita- JACOBS], a Democrat. And Democrats gotiators. Let us get this done. tion so people can protect themselves over and over again have supported It says no to medical savings ac- in that way. them. counts and no to medical malpractice It says yes to the trial lawyers; no Under a compromise that has been caps. It says no to all of the special in- malpractice reform. informally agreed to at the demands at terest feeding frenzy which is now This will likely be the only health the Senate prior to going to con- building up around this bill. care bill that passes the Congress this ference, which it should not have been American families are concerned year. that way, and had the Democrat Sen- about job lock; they cannot move with Why should the American people be ators not held up the appointment of their medical insurance. They are kept waiting for things that they want, conferees in the Senate we would have afraid that they have preexisting con- that are so popular with them? this done some time ago, but under ditions that will make it impossible for The American people need this bill. that informal agreement MSA’s would them to ever get new insurance, so we For the first time, working Americans be available to people to work in small June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6139 businesses with employment of under The choice is clear. Vote ‘‘yes’’ on This legislation began as true bipar- 50 employees and to the self-employed, health reform. Vote ‘‘yes’’ on the mo- tisan effort in both houses of Congress. and employers with bigger numbers of tion to instruct. The bill’s twin goals of affordability employees and individuals would have Mr. HASTERT. Mr. Speaker, I move and portability were also supported by to wait for 3 additional years. But 29 to take the words of the gentleman the President. On the night of the million Americans work in companies down. State of the Union address, almost 5 with 50 or fewer employees, and just 3 The SPEAKER pro tempore (Mr. months ago, he promised to sign this million, only 3 million, have health in- WALKER). The gentleman from Ohio bill in its original form. surance. [Mr. BROWN] will suspend, and the gen- Indeed, the other body passed their Mr. Speaker, we should open the door tleman from Illinois [Mr. HASTERT] has version of this bill by a 100-to-0 margin. to then, and we will with this bill. Our demanded the words be taken down. But this extremely rare example of bi- MSA option will for the first time give The gentleman from Ohio will be partisanship was hijacked by Repub- the uninsured access to health care. seated while the clerk transcribes the licans in the House who do not seem to For too many working Americans, words. want reform. health insurance is not even an option; b 1240 The MSA provision allows the it simply is not offered at all, espe- healthy wealthy to opt out of the in- cially for those who work in small Mr. HASTERT. Mr. Speaker, I with- surance pool and build up their own business. draw my demand. medical savings accounts. So I am bewildered to hear the critics The SPEAKER pro tempore (Mr. The result of this is that conven- of MSA’s who would rather keep people WALKER). The gentleman from Illinois tional insurance pools are broken up without health care than allow this im- withdraws his demand. The time of the and those who are both sick and unable portant option to be enacted into law, gentleman from Ohio [Mr. BROWN] has to afford MSA’s are potentially left to and it is only an option, not a man- expired. fend for themselves. date. Without objection, the gentleman The long-term effect of this double MSA’s stand for medical savings ac- from Illinois [Mr. HASTERT] will con- affliction is to increase the number of counts, but MSA’s really stand for trol time. Americans who must go without health Medical Security Act. With MSA’s peo- There was no objection. insurance. This provision completely ple can be secure in the health care Mr. HASTERT. Mr. Speaker, I yield defeats the purpose of health insurance needs knowing that they can take their myself 1 minute. reform. health insurance with them, and for Mr. Speaker, we heard a lot of rhet- There is a saying in the other body, those without insurance, MSA’s rep- oric back and forth in this Chamber ‘‘99 is never enough.’’ Unanimity is re- resent a wonderful way to be safe and today. I think there has been some quired. If 100 U.S. Senators can agree secure for illness. good discussion of issues. I think that on health insurance reform legislation, We should delay no further. We have we should talk about medical savings why can we not? appointed conferees or authorized the accounts and get the facts out about I urge my colleagues to oppose this appointment of conferees. Let us reject medical savings accounts and other is- reported conference agreement and this motion to instruct. Let us work sues in this bill. But I think this House pass a bill that we can all agree on and this out. Let us add good features that does not do itself any honor when in that the President will sign. The Amer- are in the House bill in this one-time- my opinion we try to impugn a Mem- ican people need health insurance re- only health care reform package that bers’ motives of why an issue is in- form. Let us not snatch it away from can move into law this year. cluded or an issue is not included. I them for partisan political gain. Mr. Speaker, I reserve the balance of guess we could go back and forth in Mr. HASTERT. Mr. Speaker, I yield my time. this Chamber and point fingers at each such time as he may consume to the Mr. PALLONE. Mr. Speaker, I yield 1 other for this issue or that issue or this gentleman from Texas [Mr. ARCHER], minute to the gentleman from Ohio support or that support, but I think we the chairman of the Committee on [Mr. BROWN]. really need to focus on what those is- Ways and Means. Mr. BROWN of Ohio. Mr. Speaker, I sues are and the positives and nega- Mr. ARCHER. I thank the gentleman thank the gentleman for yielding this tives, and I will just say that I will for yielding time. time to me. continue to watch and in my opinion Mr. Speaker, this is like a broken What has happened on this very sim- when we impugn other Member’s mo- record. There is no empirical data to ple bill? Kassebaum-Kennedy was a tives, of either side of this aisle, I do support what the gentleman from Cali- simple bill that dealt with two prob- not think that should be tolerated in fornia just said. lems. It dealt with the problem of pre- this Congress, and I will try to make Apparently the other side of the aisle existing condition and the problem sure that it does not occur. has decided that they want to kill the with portability. Then Speaker GING- Mr. PALLONE. Mr. Speaker, I would opportunity for freedom of choice on RICH and Republican leaders have cho- inquire about the time that remains. the part of individuals and small em- sen to attach to this bill all kinds of The SPEAKER pro tempore. The gen- ployers to be able to select their own special-interest provisions for the larg- tleman from New Jersey [Mr. PALLONE] doctor and to pay their own medical est insurance companies in America. has 7 minutes remaining and the gen- bills. I do not know why they want to All we are asking simply is that the tleman from Illinois [Mr. HASTERT] has do that, but they have made that deci- House pass, that we instruct conferees 3 minutes remaining. sion. to do what the Senate did when the Mr. PALLONE. Mr. Speaker, I yield 2 Now they have come up with this Senate passed this bill unanimously a minutes to the gentleman from Califor- phrase that it benefits only the healthy hundred to nothing and when the Sen- nia [Mr. FAZIO]. and the wealthy. There is no data to ate defeated medical savings accounts. Mr. FAZIO of California. Mr. Speak- support that. In fact, just the reverse. All we are asking is that Kassebaum- er, I rise in support of the motion to in- Both the Journal of American Medicine Kennedy be dealt with cleanly and sim- struct conferees offered by the gen- and the Rand Study showed just the ply, that we have a ban on preexisting tleman from Michigan [Mr. DINGELL] opposite. The empirical data that we condition and that we deal with the and in opposition to the partisan agree- do have shows that there will be no ad- problems of portability so people can ment reached last night. verse election. move their insurance from one em- I oppose this agreement because a We cannot continue to listen to this ployer to another employer. small band of Republicans have in- patented rhetoric of it only helps the All Speaker GINGRICH wants to do, sisted on including a provision sure to healthy and the wealthy with no em- what he wants to do is load up this bill provoke a Presidential veto. pirical data to support it. with special-interest provisions to pay The medical savings account provi- The SPEAKER pro tempore. The gen- back big insurance companies that sion favors their wealthy patrons over tleman from Illinois [Mr. HASTERT] has have helped Republican campaigns in those citizens in dire need of health in- 13⁄4 minutes remaining, the gentleman the last couple of years. surance reform. from New Jersey [Mr. PALLONE] has 5 H6140 CONGRESSIONAL RECORD — HOUSE June 11, 1996 minutes remaining, and the gentleman are. It is surprising to me that the who will benefit by this bill, minus this from New Jersey has the right to close. same party that blocked in the other medical savings account, to vote for Mr. PALLONE. Mr. Speaker, may I body the ability for us to name con- the motion to instruct and to send a inquire as to how many speakers they ference committee members so that we message to the country. This is the have on the other side that remain? can sit down and discuss this issue is least we can do in this do-nothing Con- Mr. HASTERT. We only have one. now saying, ‘‘Well, this is an inside, gress, is pass a small, scaled-down Mr. PALLONE. Mr. Speaker, I yield clandestine, bipartisan agreement.’’ health care bill that will protect them 11⁄2 minutes to the gentleman from We had to sit down and go through and this country. Rhode Island [Mr. KENNEDY]. the conduits to talk to the White Ms. JACKSON-LEE of Texas. Mr. Speaker, b 1245 House, to talk with the other side in this motion to instruct will almost certainly in- the other body, in order for us to be sure the signing into law, of this badly needed Mr. KENNEDY of Rhode Island. Mr. able to name conferees. It that is not a health insurance reform legislation which will Speaker, you do not really need a lot of stalling of the process, when one Mem- help millions of working American men and empirical information to understand ber in the Senate can stall and hold up women. The House Republicans have the hu- that insurance companies only make the process for the American people, bris to include in their version, elements which money off of healthy people, and that if having portability, having health care they know will provoke a veto by the Presi- they had a choice in this world of prof- choice, having long-term care for sen- dent. In particular, the special interest medical it making, sick people cost them ior citizens, when that happens, that is savings accounts and malpractice liability pro- money. It is a given. It is common not democracy. We need to pass this visions have corrupted this legislation and sense. bill today. condemned it and the millions it would help. It So what we were able to do in this Mr. PALLONE. Mr. Speaker, I yield seems to be obvious that my Republican col- Kennedy-Kassebaum bill is get two the balance of my time to the gen- leagues are much more interested in scoring things that kept insurance companies tleman from Michigan [Mr. BONIOR] the political points with their special interest from blocking health insurance to all distinguished minority whip. friends than actually passing legislation which kinds of people, even people who need- The SPEAKER pro tempore (Mr. will greatly help the actual people they were ed health insurance: Preexisting condi- WALKER). The gentleman from Michi- elected to represent. tion and portability. gan [Mr. BONIOR] is recognized for 31⁄2 By adopting the slightly modified Senate bill There is agreement on it, and it is minutes. as our own, we can send to conference a wonderful that even Republicans on Mr. BONIOR. Mr. Speaker, I rise clean and trouble-free bill that the President the other side of the aisle agreed with today to urge my colleagues to support has stated he will indeed sign. It will be free this concept, that we needed to rein in this motion to instruct, to restore the of the untested and unproven medical savings the insurance companies on this issue. simple straightforward bill to protect accounts. While we can all speculate as to We have agreed to come this far. Why people’s health care which passed by what will happen if we let loose upon the Na- do we need to jeopardize something the Senate by a vote of 100 to 0. tion, this new health insurance creature, we do that has already been agreed on be- Mr. Speaker, I am not arguing for not really know. And before we radically cause we want to put in this medical some partisan position only by my change how the men, women, and children re- savings account? We have agreed on all party. If this motion passes, we will ceive their fundamental health care, I believe this. Now what do they want? The Re- have a bill that all Republicans, all that more time and study should be applied to publicans in the House want to add this Democrats, all Americans can support. the issue and possibly a pilot experiment medical savings account. It is not that we are supposed to come done. I say this because MSA's have the po- Guess who supports this? Insurance here and try to figure out this health tential to drive up premiums for those who can companies. Guess why? Because, again, care bill in an hour’s debate. We are least afford it and drive others into the ranks it allows them to only insure healthy supposed to work across party lines. of the uninsured. The devil is in the details people and block out health insurance Are my colleagues on this side of the and the details I have seen are very devilish for sick people that is going to cost aisle so ideologically driven, so com- to be sure. This issue is so controversial, the them money. pletely out of touch with the real lives Senate cannot even appoint its conference Just think about who is behind this, of the American people, that they committee members. That fact alone should and I think you will be able to under- would destroy any chance for health cause my colleagues to stop and reassess stand why you do not need any empiri- care reform with this partisan, divisive their priorities and their intentionsÐwhether it cal evidence to know why medical sav- amendment? is to pass real legislation which will help all ings accounts are going to be the killer The clock is ticking, and if we do not Americans or to repay their political debts. of health care reform. act soon, this will go down in history The citizens of this country want this reform, Mr. HASTERT. Mr. Speaker, I yield as one of the least productive Con- clean and unspoiled. If this Congress does myself the balance of my time. gresses in the history of this country. nothing else, this reform bill is one of the most Mr. Speaker, I just want to review So far, not a single thing has been done important things we can do during this ses- this and say we have had a lot of rhet- to improve the lives of ordinary Ameri- sion. This legislation will remove from the oric, as I said before, back and forth. cans. Is that something my colleagues nightmares of millions of Americans the fear The gentleman from Rhode Island want to live with on this side of the they are now plagued withÐloss of health in- talks about class warfare, how only the aisle? The minimum wage, we passed it surance benefit and costly medical bills they rich. That is completely false. There is here, it is going to die. Pension reform, cannot pay. I urge all Members to vote for this no empirical data. That is why we have nothing happening. Education reforms, motion and secure the health rights of all a study in this bill to look at what nothing is happening. Americans. Passing the Senate version clean- medical savings accounts actually do. Now we are at the goal line and have ly will help Texans and Americans to obtain For the party on the other side of the a chance to put across a bill that will health insurance in spite of preexisting condi- aisle that supports big government de- guarantee coverage for people, so if tion and be able to carry their health insurance cisions, that blocked out medical sav- they lose their jobs or change their with them when they leave their job. ings accounts because they do not want jobs they will have health insurance, Mrs. LINCOLN. Mr. Speaker, I rise today to people to make choices, that they do and we have this medical savings ac- share my views regarding the motion to in- not want people to test the market for count, which the Washington Post, the struct conferees on H.R. 3103, the Health themselves and to see what price and New York Times, Consumers Report, Coverage Availability Act, offered by my friend what services are best suited to them- even the Wall Street Journal, has indi- from Michigan, Mr. DINGELL. selves and their families, I think this is cated is for the healthy and the I support coverage of mental health benefits a crazy argument. But so be it. wealthy. Yes, Mr. ARCHER, the healthy by insurance companies, as long as the cov- What we need to do is to pass this and the wealthy, driving everybody erage does not cause a large increase in pre- legislation. We need to appoint the else’s rates up in regular insurance miums for everyone else in the insurance conference committee. We need to go pools. pool. Mental health illnesses are a significant ahead and meet as a conference, and Mr. Speaker, I urge my colleagues, problem in this Nation, and if left untreated, then work out what differences there on behalf of the 637,000 Michiganders can cause serious harm to the patients as well June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6141 as their loved ones. In addition, it is fiscally re- Collins (MI) Kanjorski Pelosi Linder Pombo Smith (WA) Conyers Kaptur Peterson (FL) Lipinski Porter Solomon sponsible to provide mental health treatment Costello Kennedy (MA) Pomeroy Livingston Portman Souder because proper preventive measures allow Coyne Kennedy (RI) Rahall LoBiondo Poshard Spence many patients to lead productive lives without Cramer Kennelly Rangel Longley Pryce Stearns having to be admitted into expensive long- Cummings Kildee Reed Lucas Quillen Stockman Danner Kleczka Richardson Manzullo Quinn Stump term-care facilities. Mr. DINGELL's motion asks de la Garza Klink Rivers McCollum Radanovich Talent for the maximum level of mental health cov- DeFazio LaFalce Rose McCrery Ramstad Tate erage that does not drive up the premium DeLauro Lantos Roukema McHugh Regula Tauzin costs for others, and I am supportive of this Dellums Levin Roybal-Allard McInnis Riggs Taylor (MS) Dicks Lewis (GA) Rush McIntosh Roberts Taylor (NC) motion. Dingell Lofgren Sabo McKeon Roemer Thomas In addition, the motion deletes medical sav- Dixon Lowey Sanders Metcalf Rogers Thornberry ings accounts [MSAs] from H.R. 3103. Al- Doggett Luther Sawyer Meyers Rohrabacher Tiahrt Dooley Maloney Schroeder Mica Ros-Lehtinen Upton though I supported final passage of H.R. 3103 Doyle Manton Schumer Miller (FL) Roth Vucanovich in late March because of the importance of Durbin Markey Scott Molinari Royce Walker providing workers health insurance portability, Edwards Martinez Serrano Montgomery Salmon Walsh Engel Martini Skaggs Moorhead Sanford Wamp I did not support the MSA provisions as writ- Eshoo Mascara Skelton Myers Saxton Watts (OK) ten in the bill. If we are going to include MSAs Evans Matsui Slaughter Myrick Scarborough Weldon (FL) in this legislation, I believe that we should im- Farr McCarthy Spratt Nethercutt Schaefer Weldon (PA) plement them on a demonstration basis so we Fattah McDermott Stark Neumann Seastrand Weller Fazio McHale Stokes Ney Sensenbrenner White can test the cost effectiveness of MSAs as Fields (LA) McKinney Studds Norwood Shadegg Whitfield well as the impact they would have on the in- Filner McNulty Stupak Nussle Shaw Wicker surance pool as a whole. We must ensure that Flake Meehan Tanner Oxley Shays Wolf Foglietta Meek Tejeda Packard Shuster Young (AK) the health and well-being of all Americans is Ford Menendez Thompson Parker Sisisky Young (FL) the most important consideration regarding the Frank (MA) Millender- Thornton Paxon Skeen Zeliff establishment of MSAs, not just the health of Frost McDonald Thurman Peterson (MN) Smith (MI) Zimmer those who can afford a special account. Furse Miller (CA) Torkildsen Petri Smith (NJ) Gephardt Minge Torres Pickett Smith (TX) Mr. Speaker, H.R. 3103 has many important Gilman Mink Towns provisions. It prohibits insurance companies Gonzalez Moakley Traficant ANSWERED ‘‘PRESENT’’—2 from denying health care coverage to workers Gordon Mollohan Velazquez Goodling Jacobs Vento who move to another company, or who lose Green (TX) Moran Gutierrez Morella Visclosky NOT VOTING—15 their jobs or become self-employed. The legis- Hall (OH) Murtha Volkmer lation also bars insurers from excluding cov- Hefner Nadler Ward Bateman Gejdenson Lincoln Brown (FL) Gibbons McDade erage of preexisting illnesses for more than a Hilliard Neal Waters Hinchey Oberstar Watt (NC) Calvert Harman Schiff year. In addition, this bill increases the tax de- Holden Obey Waxman Deutsch Hastings (FL) Stenholm duction for health insurance costs paid by the Hoyer Olver Williams English Hayes Torricelli self-employed, and it expands the opportunity Jackson (IL) Ortiz Wilson Jackson-Lee Orton Wise b for small businesses to form coalitions to pro- (TX) Owens Woolsey 1315 vide them with health insurance. Wynn Jefferson Pallone Messrs. SAXTON, ROEMER, HORN, Enactment of these measures is too impor- Johnson (SD) Pastor Yates and HOSTETTLER changed their vote tant to be held up by disagreements on mental Johnson, E. B. Payne (NJ) Johnston Payne (VA) from ‘‘yea’’ to ‘‘nay.’’ health benefits and MSAs. Therefore, I hope Mr. GILMAN changed his vote from that we will move swiftly toward compromise NAYS—235 ‘‘nay’’ to ‘‘yea.’’ on these issues so that we can provide our Allard Cox Gunderson constituents with quality health insurance re- Archer Crane Gutknecht So the motion to instruct was re- form legislation. Armey Crapo Hall (TX) jected. Bachus Cremeans Hamilton The SPEAKER pro tempore. Without Baker (CA) Cubin Hancock The result of the vote was announced objection, the previous question is or- Baker (LA) Cunningham Hansen as above recorded. dered on the motion to recommit. Ballenger Davis Hastert A motion to reconsider was laid on There was no objection. Barr Deal Hastings (WA) Barrett (NE) DeLay Hayworth the table. The SPEAKER pro tempore. The Bartlett Diaz-Balart Hefley question is on the motion to recommit. Barton Dickey Heineman b 1315 The question was taken; and the Bass Doolittle Herger Bereuter Dornan Hilleary The Speaker pro tempore (Mr. WALK- Speaker pro tempore announced that Bilbray Dreier Hobson the noes appeared to have it. Bilirakis Duncan Hoekstra ER). Mr. PALLONE. Mr. Speaker, I object Bliley Dunn Hoke Without objection, the Chair ap- to the vote on the ground that a Blute Ehlers Horn Boehlert Ehrlich Hostettler points the following conferees: Messrs. quorum is not present and make the Boehner Emerson Houghton ARCHER, THOMAS, BLILEY, BILIRAKIS, point of order that a quorum is not Bonilla Ensign Hunter GOODLING, FAWELL, HYDE, MCCOLLUM, present. Bono Everett Hutchinson HASTERT, GIBBONS, STARK, DINGELL, Brewster Ewing Hyde The SPEAKER pro tempore. Evi- Brownback Fawell Inglis WAXMAN, CLAY, CONYERS, and BONIOR. dently a quorum is not present. Bryant (TN) Fields (TX) Istook There was not objection. The Sergeant at Arms will notify ab- Bunning Flanagan Johnson (CT) sent Members. Burr Foley Johnson, Sam Burton Forbes Jones f The vote was taken by electronic de- Buyer Fowler Kasich vice, and there were—yeas 182, nays Callahan Fox Kelly GENERAL LEAVE 235, answered ‘‘present’’ 2, not voting Camp Franks (CT) Kim Campbell Franks (NJ) King 15, as follows: Canady Frelinghuysen Kingston Mr. CALLAHAN. Mr. Speaker, I ask [Roll No. 226] Castle Frisa Klug unanimous consent that all Members Chabot Funderburk Knollenberg may have 5 legislative days within YEAS—182 Chambliss Gallegly Kolbe Abercrombie Berman Bryant (TX) Chenoweth Ganske LaHood which to revise and extend their re- Ackerman Bevill Bunn Christensen Gekas Largent marks on the bill, H.R. 3540, and that I Andrews Bishop Cardin Chrysler Geren Latham may include tabular and extraneous Baesler Blumenauer Chapman Clinger Gilchrest LaTourette material. Baldacci Bonior Clay Coble Gillmor Laughlin Barcia Borski Clayton Coburn Goodlatte Lazio The SPEAKER pro tempore. Is there Barrett (WI) Boucher Clement Collins (GA) Goss Leach objection to the request of the gen- Becerra Browder Clyburn Combest Graham Lewis (CA) tleman from Alabama? Beilenson Brown (CA) Coleman Condit Greene (UT) Lewis (KY) Bentsen Brown (OH) Collins (IL) Cooley Greenwood Lightfoot There was no objection. H6142 CONGRESSIONAL RECORD — HOUSE June 11, 1996 FOREIGN OPERATIONS, EXPORT amendment, and the gentleman from Mr. Chairman, it is again an anti- FINANCING, AND RELATED PRO- Alabama [Mr. CALLAHAN] will be recog- fraud safeguard. I attempted during de- GRAMS APPROPRIATIONS ACT, nized for 10 minutes in opposition to bate on the bill last week to restore 1997 the amendment. this language in identical form in the The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman appropriate place in the bill, but the ant to House Resolution 445 and rule from Wisconsin [Mr. OBEY]. gentleman from New York [Mr. GIL- XXIII, the Chair declares the House in Mr. OBEY. Mr. Chairman, I yield my- MAN] made a point of order against the the Committee of the Whole House on self such time as I may consume. amendment because it was legislative Mr. Chairman, this amendment re- the State of the Union for the further in nature. Because I feel so strongly stores through a limitation a require- consideration of the bill, H.R. 3540. about the need to include this provi- ment that foreign countries agree to an sion in the legislation, I am now offer- b 1316 outside audit as a condition of receiv- ing it in the form of a limitation. IN THE COMMITTEE OF THE WHOLE ing FMF grants from the United Again, because of the requirement to Accordingly the House resolved itself States. It was included in the foreign do so in this form, its effect is slightly into the Committee of the Whole House operations bill some time ago as a re- different than the current law, but it is on the State of the Union for the fur- sult of several rather notable bribery my understanding that the chairman ther consideration of the bill (H.R. cases involving U.S. funds and foreign will accept the amendment. I can as- 3540) making appropriations for foreign officials. sure him I have no intention of chang- operations, export financing, and relat- It is my understanding that the ing current law, and will work with ed programs for the fiscal year ending chairman is prepared to accept this him to bring it into compliance as we September 30, 1997, and for other pur- amendment because it is drafted as a meet in conference. Mr. CALLAHAN. Mr. Chairman, I poses, with Mr. HANSEN in the chair. limitation. Its effect is slightly dif- The Clerk read the title of the bill. ferent than current law. I can assure yield myself such time as I may The CHAIRMAN. When the Commit- the chairman I have no intention to consume. tee of the Whole rose on Wednesday, change current law, and would work Mr. Chairman, I do intend to accept the amendment, but before the vote, I June 5, 1996, the amendment offered by with him in conference to restore the had agreed with the gentlewoman from the gentleman from Indiana [Mr. BUR- language of current law in the appro- Texas [Ms. JACKSON-LEE] that we TON] had been disposed of and the bill priate place in the bill. would enter into a colloquy. She has a had been read through page 97, line 8. Mr. CALLAHAN. Mr. Chairman, I committee hearing that she has to at- Pursuant to the order of the House of yield myself such time as I may tend to, and I agreed to let her come in Thursday, June 6, 1996, no amendments consume. at this point to have a colloquy. to the bill are in order except the fol- Mr. Chairman, I accept the amend- ment. I have no objection. Mr. OBEY. Mr. Chairman, if the gen- lowing amendments, if offered by the tleman would yield for just a second member specified or a designee: amend- The CHAIRMAN. The question is on the amendment offered by the gen- before doing that, I also have an agree- ments Nos. 54, 58, and 76 by the gen- ment to yield to the gentleman from tleman from Wisconsin [Mr. OBEY]; tleman from Wisconsin [Mr. OBEY]. The amendment was agreed to. Texas [Mr. WILSON] on the remainder of amendment No. 10 by the gentleman my time. AMENDMENT NO. 76 OFFERED BY MR. OBEY from Massachusetts [Mr. FRANK]; Mr. Chairman, I yield such time as he Mr. OBEY. Mr. Chairman, I offer an amendment No. 69 by the gentleman may consume to the gentleman from amendment. from Indiana [Mr. SOUDER]; and amend- Texas [Mr. WILSON]. ment No. 75 by the gentleman from The CHAIRMAN. The Clerk will des- Mr. WILSON. Mr. Chairman, I simply ignate the amendment. New Jersey [Mr. ZIMMER]. rise to read into the RECORD a letter The text of the amendment is as fol- Debate on each amendment and all that I received from the Turkish Am- amendments thereto will be limited to lows: bassador early this week: Amendment No. 76 offered by Mr. OBEY: On 20 minutes, equally divided and con- DEAR MR. CONGRESSMAN: Yesterday’s trolled by the proponent and an oppo- page 97, after line 5, insert: House action in adopting two anti-Turkey ‘‘SEC. 573. Not more than 100,000,000 of the nent, except that amendments Nos. 54 amendments to the FY 1997 foreign aid bill is funds made available under the heading not fitting for U.S.-Turkish relations. I can- and 10 shall each be debatable for 45 ‘‘Foreign Military Financing Program’’ may minutes. not overemphasize the importance of these be made available for use in financing the issues in Turkey. It was inevitable that Consideration of these amendments procurement of defense articles, defense shall proceed without intervening mo- House passage of these amendments would services, or design and construction services provoke a strong reaction from the Turkish tion except one motion to rise if of- that are not sold by the United States Gov- people, who question anew the benefits of fered by the gentleman from Alabama ernment under the Arms Export Control Act our five decades of alliance with the United [Mr. CALLAHAN]. to countries other than Israel and Egypt.’’ States and self-sacrificing support for U.S. AMENDMENT NO. 58 OFFERED BY MR. OBEY The CHAIRMAN. The gentleman policy. Mr. OBEY. Mr. Chairman, I offer an from Wisconsin [Mr. OBEY] will be rec- The initial step we have taken in response is to inform the U.S. Government that Tur- amendment. ognized for 10 minutes in support of the amendment, and the gentleman from key declines U.S. economic assistance. The The CHAIRMAN. The Clerk will des- basis of our friendship with the United ignate the amendment. Alabama [Mr. CALLAHAN] will be recog- States has never been foreign aid, even in The text of the amendment is as fol- nized for 10 minutes in opposition to years past when the amounts were much lows: the amendment. greater. Rather, our friendship has been Amendment No. 58 offered by Mr. OBEY: On The Chair recognizes the gentleman based on shared interests, interests which page 97, after line 5, insert: from Wisconsin [Mr. OBEY]. are gravely jeopardized by yesterday’s devel- ‘‘SEC. 573. None of the funds made available Mr. OBEY. Mr. Chairman, I yield my- opments. under the heading ‘‘Foreign Military Financ- self such time as I may consume. Nevertheless, I do want to recognize that ing Program’’ may be made available for any Mr. Chairman, again, this amend- many Members stood up for strong U.S.- Turkish friendship. I want to express my ap- country when it is made known to the Presi- ment restores language, again through dent that the government of such country preciation to you for your leadership against the device of a limitation which has these pernicious amendments. I hope you has not agreed to the Department of Defense been carried in the foreign operations conducting during the current fiscal year will continue to work to ensure that these nonreimbursable audits of private firms bill for several years. It limits to $100 provisions are not enacted into law, and offer whose contracts are made directly with for- million the amount that can be spent you my total cooperation. eign government and are financed with funds for direct commercial contracts, except Mr. Chairman, I read that into the made available under this heading (as well as for Egypt and Israel. Its effect is to RECORD just to emphasize one more subcontractors thereunder) as requested by limit the extent to which countries can time what I consider to be the grave the Defense Security Assistance Agency.’’ contract on their own for goods and consequences that resulted from what I The CHAIRMAN. The gentleman services and thereby escape the over- considered to be unwise action. from Wisconsin [Mr. OBEY] will be rec- sight requirements of the Export Con- Mr. CALLAHAN. Mr. Chairman, will ognized for 10 minutes in support of the trol Act. the gentleman yield? June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6143 Mr. WILSON. I yield to the gen- chairman of the House Committee on his kindness in allowing me to again tleman from Alabama. Appropriations Subcommittee on For- bring this very important issue to the Mr. CALLAHAN. Mr. Chairman, I eign Operations, Export Financing and Congress. I appreciate his interest and think the gentleman makes an excel- Related Programs for participating, as concern about this matter. The numer- lent point that many times we get I said, in this colloquy, especially in ous citizens in Houston and around the wrapped up in debate on the floor of light of the limited time that we have country who trace their ancestry to this House and we do not recognize remaining to debate this important Ethiopia and all Americans who be- what an audience worldwide we have. legislation. lieve in democracy and human rights Last week the House sent a strong There are numerous reports that the appreciate as well the opportunity to message to Turkey about something Ethiopian Government is harassing and focus the Nation’s attention on this that took place decades ago and yet we unfairly detaining journalists, acad- issue. do not chastise or demand certain emicians, opposition party officials and I do believe with the ability of the apologies from other countries who other citizens. These events raise ques- State Department to continue to mon- have committed atrocities, even in tions about freedom of speech, freedom itor these human rights violations that later years. of the press and the independence of we will find ourselves better placed to I agree with the gentleman from the judiciary within Ethiopia. assist the Ethiopian people and those Texas about his concern. I have the I know that we have come a long of Ethiopian ancestry. same letter from the ambassador, and I way, Mr. Chairman, but I would ask Mr. CALLAHAN. Mr. Chairman, I think that the Congress made a mis- the question, does the gentleman think have no objection to the Obey amend- take in the language that we inserted that the United States Government ment. in the bill. I hope that it will not cause should do more to support human The CHAIRMAN. The question is on any injury to the fact that Turkey is a rights in Ethiopia as we move this for- the amendment offered by the gen- tremendous ally of ours in any NATO eign operations bill forward? tleman from Wisconsin [Mr. OBEY]. endeavor, and I hope that this Congress Mr. CALLAHAN. Mr. Chairman, yes. The amendment was agreed to. will not forget that during the Persian I encourage the State Department, as a AMENDMENT OFFERED BY MR. ZIMMER Gulf war and during other wars, Tur- matter of fact, to carefully assess the Mr. ZIMMER. Mr. Chairman, I offer key has always been there, and that we situation in the country and use its in- an amendment. have bases that we are utilizing in Tur- fluence with the Ethiopian Govern- The CHAIRMAN. The Clerk will des- key that are strategically important to ment to encourage them to improve ignate the amendment. our national defense and to the defense human rights. I would note that the The text of the amendment is as fol- of other allies of ours throughout the current government in Ethiopia is lows: world. light years ahead of the former regime Amendment offered by Mr. ZIMMER: Page So I think we made a mistake. But in terms of human rights. 97, after line 5, insert the following: the debate was heard, and it is a lesson Ms. JACKSON-LEE of Texas. Mr. PROHIBITION ON DEVELOPMENT OF SHOPPING to all of us that what we say here is Chairman, as the gentleman recalls, I CENTER NEAR THE FORMER AUSCHWITZ CON- very important. successfully offered an amendment to CENTRATION CAMP Mr. WILSON. Mr. Chairman, that is the 1996 foreign operations appropria- SEC. 573. It is the sense of the Congress right. tions bill which requires the State De- that the Government of Poland should pro- Mr. CALLAHAN. Mr. Chairman, what partment to closely monitor human hibit development of a shopping center with- we say on the floor of this House is rights progress in Ethiopia as it mon- in the 500-yard protective zone surrounding taken very seriously by countries all itors funds for Ethiopia. We have been the former Auschwitz concentration camp in the town of Osweicim, Poland. over the world, and I hope that some in dialog with the State Department, I day we will be able to convey our ap- have had a briefing, and that is why I Mr. CALLAHAN. Mr. Chairman, I re- preciation to the Turks for the con- rise again today. We realize that all is serve a point of order on the gentle- tributions that they have made in the not well, even though possible progress man’s amendment. past. may have been made. The CHAIRMAN. The gentleman Mr. WILSON. Mr. Chairman, I thank The gentleman supported my amend- from New Jersey [Mr. ZIMMER] will be the gentleman from Alabama very ment. As the State Department obli- recognized for 10 minutes, and a Mem- much, and I would simply remind him gates the funds for Ethiopia in fiscal ber opposed will be recognized for 10 that if the Turks wanted to today, they year 1997, I think that it is still criti- minutes. could open the spigot on the Iraqi pipe- cally important that the department The Chair recognizes the gentleman line and bust the embargo, just as one continue to carefully monitor the from New Jersey [Mr. ZIMMER]. example. country’s human rights progress. Some Mr. ZIMMER. Mr. Chairman, I yield Mr. CALLAHAN. Mr. Chairman, I progress has occurred but much re- myself such time as I may consume. yield such time as she may consume to mains to be done. The amendment I am offering is very the gentlewoman from Texas [Ms. I strongly believe that Congress straightforward. I would put the Con- JACKSON-LEE]. should be on record in the debate on gress of the United States on record op- Ms. JACKSON-LEE of Texas. Mr. H.R. 3540, the foreign operations appro- posing commercial development within Chairman, at this time I would like to priations bill for fiscal year 1997, as en- the internationally recognized protec- enter into a colloquy with the gen- couraging the State Department to tive zone surrounding Auschwitz, the tleman from Alabama regarding human continue this monitoring of Ethiopia. former Nazi death camp in Poland. I rights in Ethiopia, as the House contin- Does the gentleman from Alabama know that a point of order is being re- ues to consider this foreign aid bill. agree? served because of technical rules rather Let me thank the chairman, first of Mr. CALLAHAN. Mr. Chairman, yes, than substance by the chairman of the all, for the work that he has done with I do agree. I believe that it is our role subcommittee, but I strongly believe my office as we have worked on this, as Members of Congress not to dictate that the voice of Congress should be even last year, as the gentleman may foreign policy to the executive branch heard on this matter. The foreign oper- recall. I think it is very important that but to express strong messages of con- ations appropriations bill before us is we move forward on this issue. cern to the State Department on an appropriate vehicle given the nearly Mr. CALLAHAN. Mr. Chairman, will human rights violations by countries $70 million in assistance that we give the gentlewoman yield? who receive U.S. foreign assistance. to Poland. Ms. JACKSON-LEE of Texas. I yield Mr. Chairman, this is a very timely b to the gentleman from Alabama. 1330 amendment. Last year, a developer put Mr. CALLAHAN. Mr. Chairman, I am I am pleased that we have had this into motion plans to construct a shop- happy to enter into a colloquy with the opportunity to discuss this important ping mall immediately opposite the gentlewoman from Texas. issue. Auschwitz main gate and within a 500- Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. yard protective zone that surrounds Chairman, I thank the distinguished Chairman, I thank the gentleman for Auschwitz. The proposed mall included H6144 CONGRESSIONAL RECORD — HOUSE June 11, 1996 retail stores, a supermarket, a fast Once again, I want to commend the outrage and to get the assurance from food stand, and a large parking lot. gentleman from New Jersey [Mr. ZIM- the Government of Poland that this In March, the Polish Government of- MER] for bringing this to the floor would not continue. I must say the ficially halted the project after world- today. Government of Poland, to its credit, wide criticism denouncing it as dese- Mr. CALLAHAN. Mr. Chairman, fur- has shown that it does not want the cration of the world’s largest Holo- ther reserving my point of order, I mall to be built, has attempted to give caust site. The Government at the time would also like to thank the gentleman me assurances that it will not be built. said its decision was final. Yet just last for bringing this issue to the attention And I would hold them to their word. I week, wire services reported that the of this Congress. Many Americans and think it is very, very important that a project developer had resumed con- a lot of Members of this House share government that makes these inter- struction in defiance of the Govern- the concerns that the gentleman has national agreements adheres to them. ment’s order and continued work for 2 expressed. However, since the amend- I just want to say to my colleague days before construction was again sus- ment is legislative in nature and from New Jersey and to others who pended. should be addressed by the Committee have expressed similar concerns and Mr. Chairman, Auschwitz is a place on International Relations, I hope be outrage with the thought of this hap- of profound significance. It is a haunt- brings this issue to the attention of the pening that I intend to pursue my reso- ing reminder of the depravity and cor- gentleman from New York [Mr. GIL- lution which is cosponsored by the ruption that humanity at its worst is MAN], the chairman of the authorizing other gentleman from New Jersey [Mr. capable of. That reminder is the most committee. SAXTON]. We will pursue it in the Com- powerful protection we have against Since the amendment is legislative, I mittee on International Relations. We such horrors occurring again. would hope the gentleman would with- think it is appropriate that Congress Auschwitz is also a precious memo- draw his proposal. If this issue has not goes on record as opposing it. 1 rial to the lives of 1 ⁄2 million people, been resolved to the gentleman’s satis- I do, again, want to say that I am mainly Jews, whose lives were so hor- faction or at least fully considered by happy that we have been getting posi- ribly sacrificed to that depravity and the appropriate committee of the tive responses from the new leaders of that corruption. House by the time of conference with Poland and from the Polish Govern- The idea of stores, a supermarket, the Senate, I pledged to the gentleman ment who have told us that this will and fast food stands being built within that I will do my best to include lan- not be built. With those assurances and the protective boundaries of Auschwitz guage in the statement of the man- the fact that it is bipartisan and we are assaults both intellect and sensibility. agers similar to his amendment. But going to work to pass my resolution, I It is an insult to those who died in the once again, I thank him for bringing welcome the help and support of the Holocaust. It is an insult to those who his amendment to the attention of the gentleman from New Jersey. survived the Holocaust, ant it is an in- House and his willingness to hopefully Mr. GILMAN. Mr. Chairman, I want to take sult to all of us the world over who be- the opportunity to commend the gentleman lieve that the significance of Auschwitz withdraw the amendment. Mr. ZIMMER. Mr. Chairman, based from New Jersey [Mr. ZIMMER] for his pending must never be distorted or lost. amendment, which would express the sense The Government of Poland has stated on those assurances, I will withdraw the amendment. Before doing so, I of Congress that the Government of Poland emphatically that it will not allow ensure that construction never takes place at such commercial development to go yield such time as he may consume to the gentleman from New York [Mr. the site of the infamous Auschwitz concentra- forward. I applaud that promise and tion camp. ENGEL] who has introduced freestand- the efforts the Government has made Although we have received commitments ing legislation on this subject some to keep it. I hope the entire Congress from the Polish Government that they will not months ago. will go on record joining this opposi- permit development at Auschwitz, periodically Mr. ENGEL. Mr. Chairman, I thank tion to what is nothing less than an act there are problems with local developers. Ac- the gentleman from New Jersey for of sacrilege. cordingly, the Polish authorities are to be com- yielding me the time. Mr. Chairman, I yield 2 minutes to mended for their commitment to the sanctity of the gentleman from New Jersey [Mr. I just wanted to comment on this. I have, as the gentleman says, submitted Auschwitz and the memories of the millions of SAXTON]. innocent men, women, and children who a resolution talking about the events Mr. SAXTON. Mr. Chairman, first let crossed its portals. outside of the Auschwitz death camp. I me commend the gentleman for bring- However, as our concern is still appro- ing this amendment to the floor today. want to make just a couple of very priately registered on this sensitive matter, I I think it is of great importance and brief points. That is, I think we all am pleased to cosponsor this amendment with agree that it is totally inappropriate to my personal thanks to him for doing Mr. ZIMMER. Under leave that will be obtained so. think about any kind of mall or com- I would request that the statement issued last Mr. Chairman, I have often been mercial development at actually such a week by the Polish Government be made a place that should almost be sacred amazed during my time in the Congress part of the RECORD. by some of the incredible events that ground with so many people murdered EMBASSY OF THE REPUBLIC OF POLAND, occur from time to time that are and martyred there. Washington, DC, June 5, 1996. brought to our attention. I have sel- I think it is an absolute outrage that As regards the latest Reuter release on the dom been appalled. Today I am ap- this mall would even have been con- alleged resumption of the construction of a palled, appalled at the proposal of a de- templated being built. It violates shopping center near the state Museum of veloper in Poland to build a commer- agreements that the Polish Govern- Auschwitz-Birkenau, please be informed of cial development right next to Ausch- ment has made internationally, stating the following—as received from official that within a certain amount of feet or sources in Warsaw: witz death camp. Imagine if you will 1. No construction work has been resumed. for just a moment a strip mall built at meters from the Auschwitz death camp 2. There is no change in the clear position a place, for example, inside Arlington that nothing like this could happen. It of the Government of Poland, as well as of Cemetery, just about the same thing. I is absolutely an outrage that one the local authorities concerning the decision cannot believe that you can honor the would even consider. And when you to halt the construction made on March 22. millions of Catholics and Gypsies and consider that the town is 7 kilometers 3. The press spokesperson of the Govern- away, it is even more insulting to ment called the announced intention of the Jews slaughtered by the Nazis with developer to resume the project ‘‘the inves- this kind of development. think that a mall could not have been tor’s lawlessness’’. Moreover, the Chief of the This is desecration and, frankly, I built in the town or near the town but Office of the Council of Ministers while con- think it pretty sick. would be built at the entrance, to the firming the previously undertaken decision I call on the Polish Government to infamous entrance to the death camp of the Government, emphasized its firmness honor its commitment to disallow this where those horrible words, those lies, to execute the decision by administrative project, and I call on the United States Arbeit Macht Frei, work makes you measures. Government to use its full authority to free, were put by the camp. Mr. ZIMMER. Mr. Chairman, I ask assist the Polish Government in this So many of us have been trying for unanimous consent to withdraw my endeavor. many, many months to point out this amendment. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6145 The CHAIRMAN. Is there objection The Congress applauds you. Repub- during the 1980’s we in a bipartisan to the request of the gentleman from licans and Democrats applaud Mr. way, Republicans and Democrats, stood New Jersey? Yandarbiyev and Mr. Yeltsin for this firm with those of the Jewish faith who There was no objection. agreement. Stick to it and stick to it were persecuted in Russia. In fact, I am AMENDMENT OFFERED BY MR. OBEY after the June 16 election in Russia. I concerned that the persecution will Mr. OBEY. Mr. Chairman, I offer an know the gentleman from Virginia [Mr. begin again after this election. They amendment. WOLF] has been over to Chechnya and are basically privatizing anti-Semitism The CHAIRMAN. The Clerk will des- seen this conflict and this tragedy go in Russia. ignate the amendment. on and on and on, when the Russians So it is important for us to rally to The text of the amendment is as fol- first engaged the Chechens and thought the defense of those who are being per- lows: they could overrun this country in a secuted, and because of so many Chris- Amendment offered by Mr. OBEY: On page period of a couple days. tians being persecuted in the Middle 97, after line 5, insert: Well, 18, 19, 20 months later we still East and other places, and Robert Hus- ‘‘SEC. 573. None of the funds appropriated see this brutality going on. So this res- sein, who has been potentially sen- under the heading ‘International Military olution simply says, keep up the good tenced to death, and the fact that the Education and Training’ may be made avail- work on diplomatic negotiations. United States Government sent hun- able for Cambodia and Thailand.’’ Please abide by the two protocol agree- dreds of thousands of troops in defense The CHAIRMAN. The gentleman ments signed over the weekend. Please of Kuwait and 300 Americans died, if from Wisconsin [Mr. OBEY] will be rec- try to come to some kind of resolution the gentleman from Alabama would be ognized for 221⁄2 minutes and a Member on the territorial status of Chechnya sympathetic in following this issue, in opposition will be recognized for 221⁄2 and after the elections continue this particularly later this year, but next minutes. good will and this diplomacy. year if this does not change, or if any- The Chair recognizes the gentleman I would hope that in conference that thing should happen to Mr. Hussein. from Wisconsin [Mr. OBEY]. the distinguished chairman would con- Mr. CALLAHAN. Reclaiming my Mr. OBEY. Mr. Chairman, I yield 4 tinue to bring this kind of issue before time, Mr. Chairman, let me say that I minutes to the gentleman from Indiana the State Department and make this a just found out about this atrocity that [Mr. ROEMER] who has some comments priority. I hope that in some way with is evidently going to take place, or pos- he wants to make about an amendment this dialog and hopefully with the col- sible could take place in Kuwait, and I that was left out of the agreement. loquy and Members with like interests, cannot fathom any government in any Mr. ROEMER. Mr. Chairman, I thank the gentleman from Alabama [Mr. CAL- land condoning the execution of an in- the gentleman from Wisconsin for LAHAN] and the gentleman from Vir- dividual for switching religions, espe- yielding his time to me. ginia [Mr. WOLF] and others, that we cially to Christianity. And for me to I will not offer this amendment. I am can keep this issue as a vital part of hear this is most appalling. precluded from offering this amend- foreign policy between the United I should remind the Kuwait Govern- ment due to the UC that was arrived at States and the Russian people. ment, just as we reminded the Turkish last week, but I think that this was a Government, erroneously so I think, b 1345 noncontroversial amendment that both about something that took place. A Republicans and Democrats would have Mr. CALLAHAN. Mr. Chairman, I great majority of the people that came agreed to. We had it in the June 5 yield myself such time as I may to defend Kuwait, that granted them RECORD last week, amendment number, consume. the sovereignty over their nation, were it was actually H.R. 3540, amendment Mr. Chairman, in response to the Christian people. It is an insult, in ad- No. 78, page 97. This amendment dealt gentleman from Indiana [Mr. ROEMER], dition to being absolutely morally with the ongoing conflict between the let me say that I am glad that he wrong, it is an insult to the American Russians and the Chechens. brought this to the attention of the people to have that government at this Certainly on last year’s foreign oper- House. It is rather amazing to me how point begin to condemn to death people ations bill, we got up and we spoke we can pick on a little country like In- who choose a certain religion. about the need to bring an end to this donesia and at the same time be send- So I appreciate very much the gen- war that has killed probably over 30,000 ing millions of dollars to Russia and tleman bringing the mater to the at- Chechens and maybe close to 5,000 Rus- letting them slaughter 30,000 people in tention of the floor. I hope that some sians. This ongoing war threatens not Chechnya and not even mentioning it Kuwaiti representatives are listening only the human rights situation in in this bill. somewhere, and I hope that they hear Russia. It threatens their economic So I think that the gentleman is ab- our message, that this is not some- stability, when they are transferring so solutely correct in bringing this issue thing that we in the United States can much money that we are loaning to the attention of the Congress, and or should tolerate. through the IMF, trying to bring their we will certainly address this issue at Mr. WOLF. I thank the gentleman economy back to stability and back to some point in conference. from Alabama [Mr. CALLAHAN] for that growth, when they are now taking this Mr. ROEMER. Mr. Chairman, I thank very strong statement. money to fight a war and kill Chechens the gentleman. Mr. Chairman, on May 29, 1996, a judge in day after day in a brutal and inhuman Mr. CALLAHAN. Mr. Chairman, I the Kuwaiti family court declared Robert Hus- manner. yield such time as he may consume to sein to be an apostate. The judge, Amar Al- We attached some successful legisla- the gentleman from Virginia [Mr. Sabiti, also gave a written ruling stating that tion last year to the foreign operations WOLF] for a colloquy. Mr. Hussein's wife should be divorced from bill that cut $5 million out of aid to Mr. WOLF. Mr. Chairman, I just him and his possessions should be distributed Russia, saying we must bring an end to wanted to bring to the attention of the among his heirs and he could be killed. ``The this war. And this is a signal from the body there is a man named Robert Hus- Imam [ruler] should kill him without a chance American people and the U.S. Congress sein who was converted to Christianity to repent.'' that we want to see it end now. No in Kuwait. As a result of his conversion Hussein Qambar Ali, a convert from Islam to longer will this war go on. We are not to Christianity on May 29, a court in Christianity, is in the midst of a national court going to subsidize this war. Kuwait has found him guilty, and the case. This decision by the court sets a prece- I think it was successful. Now they punishment is potential death. And the dent as to whether or not the Kuwaiti Constitu- have entered into successful negotia- endangered species in this world today tion will be interpreted under Islamic Sharia tions where they have exchanged pro- that we talk about so much are Chris- law. This would mean that the constitutional tocols over the weekend, where they tians. Christians are being persecuted religious freedom guarantees would be void have agreed on exchange of prisoners. around the world more today than any and a convertÐor apostateÐcould be killed They have agreed on a cease-fire. This other time in this century, and I just with impunity. resolution simply says they have bro- wanted to urge the gentleman from Hussein has changed his name to Robert ken half a dozen cease-fire agreements Alabama if he would follow this be- Hussein. Robert got into this situation through already, stick to this one. cause, if he recalls, and I know he does, a court case over the custody of his children. H6146 CONGRESSIONAL RECORD — HOUSE June 11, 1996 His estranged wife, a Muslim, will not allow And finally, Thailand is equally es- this hearing. I believe it is in about 2 him to see his children despite his winning sential to the success of the Joint Task weeks, and I would be curious to know, custody of them in court. Robert returned to Force for Full POW–MIA Accounting and I would encourage, that perhaps we court to have the decision enforced, and ev- and its effort to answer the remaining might expand that hearing on this erything has been in an uproar as Hussein questions about Americans missing in business practices to include this mat- publicly confessed his conversion to Christian- action. ter that the gentleman brought before ity. IMET training itself is invaluable for the House. Several Muslim lawyers have filed cases the Thai military. In my opinion, it Mr. WOLF. Mr. Chairman, will the against Hussein wanting him to be charged improves professional conduct and ca- gentleman yield? with apostasy. Members of Parliament have pabilities of the Thai military while Mr. WILSON. I yield to the gen- called for his death. Hussein has had to live training them to improve, at the same tleman from Virginia. in hiding, has lost his family business due to time, their human rights performances. Mr. WOLF. That would be wonderful his family not allowing him to be part of it as So I hope that the gentleman will see because I am very concerned about the he is no longer a Muslim. The Sharia family my view on this. Recognizing how I re- man’s life. He has been threatened and court is looking at the case to see if it has ju- spect him, I will also assure the gen- sentenced to actually death, so I think risdiction or if this is a civil matter because it tleman from Wisconsin [Mr. OBEY] that it would be good if the gentleman and deals with Hussein's civil rights: child custody, I will work closely with the gentleman Mr. CALLAHAN would do that. inheritance, and most importantly, freedom of to strengthen language to emphasize Mr. WILSON. Mr. Chairman, it is, of religion. the message he is trying to give and course, up to the gentleman from Ala- The United States still has troops in Kuwait. that I will work with him to put strong bama, but the hearing is scheduled for American troops died while fighting to protect language in the bill in conference. June 19; that is next week. Kuwaiti from Iraq and Saddam Hussein. Mr. OBEY. Mr. Chairman, I yield my- Mr. CALLAHAN. Mr. Chairman, We should urge the Kuwaiti Government to self such time as I may consume. would the gentleman yield? make a public statement supporting Hussein's Mr. Chairman, let me first of all take Mr. WILSON. I yield to the gen- constitutional rights and his freedom of religion just a moment to comment on the re- tleman from Alabama. and guaranteeing his protection from death marks of the gentleman from Virginia Mr. CALLAHAN. Mr. Chairman, I threats from those who want to kill him. Also, [Mr. WOLF] with respect to Kuwait. I have no reservation whatsoever about the Kuwaiti Government should ensure that am certainly not familiar with the in- including this subject matter in the their judicial process has integrity, both in the cident to which he referred, but let me hearing that we have scheduled. The legal representation Hussein should have, say that, as one Member of Congress, I hearing we have scheduled is to discuss which he does not have, and in showing the have to say that I have never in my life some of what I think are unfair busi- legitimacy of Kuwait's ConstitutionÐWill it found a government or a royal family ness practices by the Government of stand? as arrogant or as condescending as the Kuwait. But we can include human Mr. Chairman, I yield such time as he Kuwaiti Government and royal family, rights as well, and certainly this is a may consume to the gentleman from and I have never seen a government gross human rights violation, and I New York [Mr. GILMAN]. think that we should, and I will, after Mr. GILMAN. Mr. Chairman, I want more quick to pursue its own personal consultation with the gentleman, be to thank the gentleman for bringing to and political interest above the inter- happy to include in our hearing or part the floor’s attention this violation of ests of its own people more than the of our hearing a discussion of this exe- human rights. Any time we find intol- Kuwaiti Government. erance with regard to religion is some- I will never forget going to Kuwait cution that is pending there. Mr. WOLF. Mr. Chairman, if the gen- thing the entire Congress should stand City after Kuwait had been liberated tleman would continue to yield, I want up and fight against, and for that rea- by NATO and United States forces, son I commend the gentleman for his talking to a good many Wisconsin GI’s to thank the gentleman from Alabama efforts and want to join with him in ex- who were in Kuwait who told me that, [Mr. CALLAHAN] for doing that, and the pressing abhorrence of what Kuwait when the first United States aid came gentleman from Texas [Mr. WILSON], I has done with regard to this case. into Kuwait City, that we had Kuwaiti thank him for bringing that to our at- Mr. CALLAHAN. Reclaiming my officials saying to them, ‘‘Yes, do send tention. time, Mr. Chairman, I once again rise it into this neighborhood; no, don’t Mr. OBEY. Mr. Chairman, I yield my- reluctantly in opposition to the amend- send the aid into that neighborhood,’’ self such time as I may consume. ment that the gentleman from Wiscon- because the latter neighborhood had Mr. Chairman, having dispensed with sin would offer, because I deeply re- been populated by people who were not all of that, let me new explain what it spect his vast knowledge of world af- political supporters of the royal fam- is that has motivated me to bring this fairs. ily. So they were perfectly willing to proposal before the body. However, while I hold my friend’s for- see loyal Kuwaiti citizens denied as- Mr. Chairman, I will acknowledge eign policy views in high regard, I must sistance after that war simply because that choosing the route of limiting tell him that I do not think that this of their political beliefs. IMET funds in order to get at this amendment will achieve his objective. So I would certainly join with the problem is a blunt instrument. The It will simply undermine, I think, our gentleman from Alabama [Mr. CAL- problem is that there are no other in- relationship with a key friend in South LAHAN] in expressing the desire to do struments available at this point. We Asia. whatever can be done from the outside have a very serious problem in that we The United States has an extensive to affect the conduct of that govern- are concerned about continuing timber security relationship with the Govern- ment, which I found to be incredibly sales by the Khmer Rouge, sales which ment of Thailand. Our military con- arrogant and insufferable through the are occurring with the complicity both ducts numerous joint exercise pro- years that I have had any experience of the Cambodian Government and the grams with the Thai military, includ- dealing with them. Thai military. ing frequent port visits by the United Mr. Chairman, I yield 2 minutes to Last year this committee heard alle- States Navy. The United States also the gentleman from Texas [Mr. WIL- gations that both the Cambodian and actively collaborates with the Thai SON] before I make my statement on Thai military were cooperating in fa- military. the amendment that is before us, after cilitating the sale of tropical timber In addition, the prepositioning of mu- which I will withdraw the amendment. from areas controlled by the Khmer nitions and other military equipment Mr. WILSON. Mr. Chairman, I would Rouge in Cambodia. As a result, last improves the readiness and logistical like to have a colloquy with the gen- year’s bill contained language which is reach of United States forces in this re- tleman from Virginia [Mr. WOLF]. repeated in this year’s bill which re- gion. Notice has been given of a hearing quires the President to terminate as- Thailand’s cooperation and recon- before our subcommittee chaired by sistance to any country organization naissance support for our counterdrug the gentleman from Alabama [Mr. CAL- that he determines is cooperating effort is essential to the United States LAHAN] on which we all serve, and this tactically or strategically with the ability to cut drug trafficking in Asia. concerns Kuwaiti business practices, Khmer Rouge and military operations June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6147 or which is not taking steps to prevent Mr. OBEY. I yield to the gentleman I appreciate very much the gentle- a pattern or practice of commercial re- from Nebraska. man’s position. I do pledge to work lations between its members and the Mr. BEREUTER. I thank the distin- with him to ensure that our amplified Khmer Rouge. guished ranking member of the Com- message is given to those governments, Now, for those of my colleagues who mittee on Appropriations for yielding. that we are not going to tolerate this have forgotten, the Khmer Rouge are Mr. Chairman, I certainly share the and that indeed, if they do not change those people who are responsible for gentleman’s concern about the activity or unless they show some indication of the slaughter, the wholesale slaughter, that is going on and the complicity, at nonsupport, that we are very seriously of millions of innocent people because least among commercial interests going to consider next year the possi- they were even more fanatic than the there, perhaps involving the govern- bility of reducing the IMET Program Red Guards under Mao Tse-tung in ments as well. I do appreciate the gen- there. But I appreciate very much the China, and they just wiped out millions tleman’s statement that the IMET tool gentleman withdrawing the amend- and millions of people. is a blunt instrument and probably not ment. Mr. Chairman, the problem with the the way to proceed. I think we have Mr. OBEY. I thank the chairman. As language that was contained in the bill perhaps a more effective way to pres- I say, I recognize that IMET is a blunt last year is that it was worded in a way sure the parties concerned, and that instrument to use, so it may be the as to be worthless because it does not might be through the international wrong way to proceed. We will now fit the facts of what is going on. In community’s massive financial support have a year to find out, and if we do fact, the Thai military is allowing pri- for the Government of Cambodia. not get some real action that affects vate Thai companies to develop com- There is an op-ed piece in today’s things in real ways on the ground, we mercial relations with the Khmer Washington Post on this very subject. will have no choice but to go back at it Rouge to buy their timber and then In fact, this gentleman brought a reso- next year. allow its transport through their terri- lution to the floor which was passed Mr. BEREUTER. Mr. Chairman, H.R. 3540 tory. So the pattern of commercial re- last March expressing the concern of allows continued International Military and lations takes place between the compa- what is happening in Cambodia. Education Training [IMET] for Thailand and What I think we might focus on is nies themselves and the Khmer Rouge, Cambodia. The Obey amendment would pro- that July 11 and 12 donors meeting, a not the military in the Khmer Rouge; hibit IMET for these countries. Passage of the donors conference on Cambodia. I and therefore the language of the bill Obey amendment will not save the taxpayers think that offers the international last year was circumvented. one dime, but would merely force the adminis- community a golden opportunity. I am told that that means that the tration to move the IMET funds to some other Khmer Rouge are, through this device, We could call on the United States to take the lead at this meeting to im- countries. through this ruse, are obtaining $10 This Member considers such a prohibition press upon the leaders in Phnom Penh million or $20 million a month. Now, I unwarranted and unwise. Here is why. who clearly play a part in this continu- do not think Americans want to see Thailand is a long-time treaty ally with a ing problem of logging the KR-con- the Khmer Rouge get a dime, and I cer- democratic form of government, located along trolled territory. We could call on tainly do not think they want us to key strategic international waterways. Amer- them for the recognition that there is have an aid relationship with a coun- ican forces conduct more than 40 joint exer- a need for sustainable logging practices try, with a government, which is facili- cises with Thailand each yearÐmore than any and transparency in government con- tating the delivery of that kind of as- other country in Asia. These exercises are im- tacting that I think could help resolve sistance to some of the most blood portant to the readiness and training of Amer- the KR’s logging issue, and therefore thirsty people in the history of the ican, as well as Thai, forces in Asia. More- avoid problems with Thailand and with planet. over, Thailand provides the Seventh Fleet with the Government of Cambodia. And so I offer this language because easy access to its military facilities when it was the only way that we could So I offer that suggestion which I needed, most recently during Desert Shield reach either of the governments in think all of us should pursue, and ad- and Desert Storm. Particularly in light of the power. vance it here for the administration to I would say that the Prince of Cam- consider making it a priority at that closure of our basis in the Philippines, use of bodia himself was recently quoted in July 11 and 12 meeting. Thai facilities allows us to maintain our for- the press as saying, quote, ‘‘Thai trad- Mr. OBEY. Mr. Chairman, I thank ward deployed presence in the crucial South- ers in the Khmer Rouge would surely the gentleman for his comments. Let east Asia/Indochina region. The close military-to-military ties we enjoy find a way to make a deal to export me simply say, I think we need to un- with Thailand are fostered by the fact that so felled logs from its controlled area so derstand that in addition to everything many military leaders in Thailand have been the legitimate Cambodian Government else I have said, in the meantime the would lose income.’’ So I guess what he Khmer Rouge are continuing to plant trained in the United States through the IMET is saying is ‘‘If you can’t beat them, new land mines every blessed day they program. Not only does this American training join them.’’ It seems to me that we can. That further displaces innocent provide us access to key Thai leaders, but it have got to find a way to shut this Cambodians, and it just seems to me also engenders a natural preference for U.S. down, and that is why I suggested this that the worldwide community has an military hardware and supplies. The sale of amendment. obligation to respond to this problem. defense equipment to Thailand allows impor- But I know the administration has I would say that, with the concur- tant interoperability with U.S. forces in the re- great concerns about going after IMET; rence of the subcommittee chairman, I gion and creates high-paying American jobs in in this case for other reasons. And so will withdraw this amendment with the important manufacturing sector. Just re- what I would like to do is to withdraw the understanding that if we cannot cently McDonnel Douglas won a $600 million the amendment, with the understand- get some language that really does the contract for fighter aircraft to Thailand. ing that the subcommittee chairman trick this year, and if we cannot get THAI-KR COOPERATION would help in conference so that we other action coming in other ways as THe basis for today's Obey amendment is can try to strengthen the language the gentleman from Nebraska sug- evidence of continued commercial cooperation which is in the existing bill so that we gested, then blunt instrument or no, it between some Thai companies and the geno- do not, to the greatest extent pos- will leave me with no alternative but cidal Khmer Rouge forces in neighboring sible—we end the fact that government to go after IMET next year and I in- Cambodia. This Member's staff has been fully to which we are providing aid seems to tend to do it with a vengeance. briefed on this issue, and I know it would be be cooperating in a device by which Mr. CALLAHAN. Mr. Chairman, if naive to suggest that no such cooperation ex- money is allowed to flow to the hands the gentleman will yield before with- ists, particularly in the logging industry. De- of some of the bloodiest fools in the drawing his amendment, let me just spite this commercial cooperation, however, history of this world. say that I share the goal of the gen- there remains some question about the extent tleman from Wisconsin. I think that we of Thai Government involvement and complic- b 1400 cannot tolerate the type of activity for ity in this trade. Mr. BEREUTER. Mr. Chairman, will which he is concerned. However, I do In this Member's view, the use of IMET the gentleman yield? not think that this is the way to do it. funding, both for Thailand and Cambodia, as H6148 CONGRESSIONAL RECORD — HOUSE June 11, 1996 a stick against commercial cooperation with (B) is pursuing international anti-drug I also understand their point that it the KR is misguided. A much more effective trafficking initiatives; is our demand that is propelling much (C) is cooperating fully with international of the growth of coca leaves around the way to pressure the parties concerned is efforts at narcotics interdiction; and through the international community's massive (D) is cooperating fully with requests by country, the distribution, and what is financial support for the Government of Cam- the United States for assistance in investiga- coming into our country. We do have bodia. tions of money-laundering violations and is to work on our internal problems but The upcoming July 11±12 Donors' Con- making progress toward implementation of they also must work on the exporting ference on Cambodia offers the international effective laws to prohibit money-laundering. of drugs into America. community a golden opportunity. This Member The CHAIRMAN. The gentleman I also understand the difficulty of pa- calls on the United States to take the lead at from Indiana [Mr. SOUDER] is recog- troling the long borders we have with this meeting to impress upon the leaders in nized for 10 minutes in support of his Mexico, particularly as we open trade. Phnom PenhÐwho clearly play a major part in amendment. That is all true. Few issues are as ex- the continued problem of logging in KR-con- Mr. SOUDER. Mr. Chairman, I yield plosive as the immigration issue and trolled territoryÐof the need for sustainable myself such time as I may consume. the NAFTA issue as well as the drug Mr. Chairman, this amendment will logging practices and transparency in govern- issue, the support of the peso and the prohibit any funds available in this bill ment contracting which would contribute much environmental questions along the bor- from going to Mexico unless the agency to resolving the KR logging issue. The inter- ders. receiving the funds certifies that Mex- national community still provides 40 percent of If our two great nations are to work ico has taken specific antinarcotics ac- the national budget of Cambodia and should together, we have to have a strong con- tions. tinued commitment from the Govern- use this leverage to promote more responsible I want to thank the cosponsors of policies on Cambodia's leaders. ment of Mexico not just to talk but to this bill: Chairman BILL ZELIFF of New crack down on the drug lords. CAMBODIA HUMAN RIGHTS Hampshire, who has been a leader in This particular amendment passed This Member also believes we should use our Congress’ effort to reduce drug last year 411–0 when we asked for a the Donors' Conference to improve human abuse, cosponsored this last year with rollcall vote. It is the actions that rights and democracy in Cambodia. On March me; also International Relations Com- must be changed and stiffened in the 26, 1996, this body passed House Resolution mittee Chairman GILMAN us a cospon- future. I want to continue to point out 345, which this Member introduced, which ex- sor. Other original cosponsors include that I am impressed with the sincerity presses serious concern about deteriorating my friend from Florida, Mr. MICA, who of the Government of Mexico and I am human rights conditions in Cambodia. This has been active on the subcommittee; particularly impressed with their com- Member remains concerned about government the gentleman from Massachusetts, mitments, but we need to see addi- repression in Cambodia, particularly in light of Mr. BLUTE; the gentleman from Wash- tional and continued progress on this the recent murder of an outspoken Cambodian ington, Mr. METCALF; the gentleman issue. journalist. We should not, however, use IMET from Indiana, Mr. MCINTOSH; the gen- Mr. GILMAN. Mr. Chairman, will the as a club against Phnom Penh. Instead we tleman from North Carolina, Mr. gentleman yield? should insist that the IMET courses offered to FUNDERBURK; the gentleman from Ari- Mr. SOUDER. I yield to the gen- Cambodia contribute to human rights training zona, Mr. SHADEGG; the gentleman tleman from New York, the chairman for Cambodia's military and use the July Do- from Oklahoma, Mr. COBURN; and the of the Committee on International Re- nor's Conference to pressure the Cambodian gentlewoman from California, Mrs. lations. Government for a return to openness and re- SEASTRAND. (Mr. GILMAN asked and was given spect for dissent. The problem is real simple. The State permission to revise and extend his re- This Member urges his colleagues to vote Department’s 1996 Narcotics Control marks.) ``no'' on the Obey amendment. Strategy concluded that no country in Mr. GILMAN. Mr. Chairman, I thank Mr. OBEY. Mr. Chairman, I ask the world poses a more immediate nar- the gentleman for yielding. unanimous consent to withdraw the cotics threat to America than Mexico. Mr. Chairman, I rise in support of the amendment. Mexican drug lords now supply more Souder amendment and commend the The CHAIRMAN. Is there objection than 70 percent of the cocaine sold and gentleman from Indiana for this initia- to the request of the gentleman from 80 percent of the marijuana imported tive. Illicit drugs are an international Wisconsin? into the United States, as well as grow- threat to all countries: corruption, ad- There was no objection. ing quantities of heroin and methaphetamines. Drug seizures in diction, and lawlessness exact an enor- AMENDMENT OFFERED BY MR. SOUDER mous price. Because drug cartels have Mr. SOUDER. Mr. Chairman, I offer Mexico lagged for most of 1995, and the final seizure total remained flat and extraordinary resources, no country an amendment. well below the record level. They are can fight this problem alone. Producer The CHAIRMAN. The Clerk will des- making progress but they need to countries, transit countries, and ignate the amendment. make more. consumer countries all share in the The text of the amendment is as fol- At the same time the DEA adminis- costs of the drug scourge and, there- lows: trator, Mr. Constantine, and the State fore, must all share the responsibility Amendment No. 69 offered by Mr. SOUDER: Department have recently expressed for solving the problem. Page 97, after line 5, insert the following: serious concern that Mexico has, ‘‘be- One very conservative estimate LIMITATION ON ASSISTANCE TO MEXICO come the money laundering haven of places the annual cost of drug abuse to SEC. 573. None of the funds appropriated or choice for initial placement of U.S. U.S. society at $67 billion—in terms of otherwise made available by this Act may be drug cash into the world’s financial crime, lost productivity, and health obligated or expended for the Government of system.’’ Drug dealers are literally care. Other estimates run as high as Mexico, except if it is made known to the packing 18-wheel trucks full of cash $500 billion. Another tangible impact is Federal entity or official to which funds are on U.S. youth. Data suggest that if co- appropriated under this Act that— and driving them to Mexico for laun- (1) the Government of Mexico is taking ac- dering. Up to 90 percent of drug cartel caine abuse were listed on death cer- tions to reduce the amount of illegal drugs profits move through Mexico. tificates, it would constitute the lead- entering the United States from Mexico; and I was very privileged to go with the ing cause of death of people 14 to 44 (2) the Government of Mexico— CODEL from this Congress to Mexico, years of age in New York City. (A) is taking effective actions to apply vig- as well as Panama, Colombia, Peru, Experience proves that concerted ef- orously all law enforcement resources to in- and Bolivia, and we met with President forts that attack each link in the drug vestigate, track, capture, incarcerate, and Zedillo as well as the foreign minister chain can produce dramatic results. prosecute individuals controlling, super- and members of the House and Senate For example, new levels of cooperation vising, or managing international narcotics have led to significant strides against cartels or other similar entities and the ac- of Mexico. I was convinced, as were the complices of such individuals, individuals re- others with us, that President Zedillo the Cali cartel kingpins. With a vigor- sponsible for, or otherwise involved in, cor- and the leadership of Mexico has a ous program that addressed each of the ruption, and individuals involved in money- strong commitment to trying to reduce pillars—eradication, interdiction, en- laundering; the narcotics flow to America. forcement, education, and treatment— June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6149 cocaine use in the United States rely on a professional, independent our committee examination, are com- dropped 80 percent in that period, from prosecutorial system that deters and ing in through Mexico. 5.8 million users down to 1.3 million. detects corruption in law enforcement The United States has bent over According to the United States Drug services. backward to help Mexico and this Con- Enforcement Agency, drug trafficking Law enforcement experts note that gress has aided Mexico with a trade groups in Mexico have become the pri- Mexico’s antidrug efforts do not have agreement. I did not agree with some mary suppliers of drugs abused in the these tools at their disposal. They are of the provisions of that particular United States. Up to 70 percent of the hampered by weaknesses in their legal trade agreement. This administration cocaine available in the United States structure: the law does not provide for bailed out Mexico. I cannot think of a transits Mexico; 50 percent of mari- the use of wiretaps, confidential in- nation who has done more to help an juana is produced in Mexico; Mexican formants, or witness protection pro- ally, to help a partner in the Western traffickers are now the largest suppli- grams; prosecutors cannot build cases Hemisphere than the United States or ers of methamphetamine sold in the for conspiracy to break the law; and this administration or this Congress. United States; and Mexican heroin is money laundering is not a criminal of- And what do we get in return? Sev- the predominant form of that product fense. enty percent of the illegal drugs. We found in the Western United States. These experts assert that these tools even went so far as to certify Mexico as Several years ago, Mexican drug or- are indispensable to efforts to fight or- compliant and we decertified Colombia, ganizations partnered with Colombian ganized crime in the United States and yet the onslaught of hard drugs coming producers to smuggle cocaine into the they are needed badly by Mexico’s law through Mexico is absolutely appalling. United States. As their expertise and enforcement agencies. United States The results should astound every Mem- operational capabilities grew, Mexican cooperation, including the sharing of ber of Congress and every American. cartels began to demand 50 percent of vital law enforcement intelligence, can Look at this chart showing what has the shipment as payment for their be expanded further if Mexico strength- happened here since 1992 when this ad- smuggling services; as a result, the ens its own antidrug units. ministration extended this helping wealth and reach of these local crimi- It should be noted that the Mexican hand. Our 12th graders, our 10th grad- nal bands grew dangerously as they Government has moved within the last ers, our 8th graders are getting slaugh- gained an independent foothold in the few months to adopt some of these leg- tered. Cocaine is coming in record lucrative wholesale business in the islative measures to strengthen their amounts, heroin is coming in, mari- United States. capability to pursue and prosecute juana is coming in. In addition to taking control of the drug traffickers. This amendment sends a message to methamphetamine trade, drug organi- The Souder amendment is simple and Mexico that this Congress, this admin- zations in Mexico have also become straightforward. It conditions United istration, these representatives of the major figures in the diversion of pre- States aid to Mexico on efforts by the people who are seeing their children cursor chemicals that are used to Mexican Government to reduce the slaughtered in the streets, who are see- produce methamphetamine. It is appar- amount of illegal drugs entering the ing juvenile crime skyrocket through ent that these Mexican cartels have United States. It also expects that gov- the ceiling are saying, ‘‘Hey, wait a used the largesse of the cocaine trade ernment to apply its own law enforce- minute, Mexico, we have taken it all to develop the capacity to manufacture ment resources and cooperate fully we can and we are going to send you a as well as transit their own product, with us to break up the drug cartels op- message that we want this stopped.’’ methamphetamine, whose use in major erating in Mexico and to fight money It is a very clear message. The latest cities in the Western and Southwestern laundering. data by DAWN is absolutely startling. United States is on the rise. By passing this amendment, we do Cocaine-related emergencies increased With the fall of the Cali cartel, their not prejudge Mexico and we do not ex- 12 percent; heroin-related episodes in- Mexican partners may be uniquely po- cuse our own country from doing all creased 27 percent. This is for the first sitioned to fill the void, given the prox- that it can to fight drugs. As a matter half of 1995. Marijuana-related epi- imity to the United States market, our of fact, many of my colleagues and I sodes, 32 percent. Methamphetamines, 2,000-mile common border, and the po- would like to see greater funding for 35 percent. Designer drugs are killing litical and economic disruptions in antidrug cooperation in this legisla- our young people and creating crime; Mexico, both countries may suffer dra- tion—and we will be working to 70 percent of the crimes in my district matically in the very near term. achieve that objective. are committed by people who are in- In March, President Clinton certified Mr. Chairman, the drug cartels pose volved in narcotics and they are com- Mexico as fully cooperative with Unit- an international threat. We must work ing through Mexico. This sends a mes- ed States antidrug efforts. The admin- with Mexico and other friends through- sage: Stop. And we mean it. istration asserted that the Mexican out the world to meet this deadly chal- Mr. SOUDER. Mr. Chairman, I yield Government had pledged a major offen- lenge. the balance of my time to the gen- sive against the drug cartels and drug- Once again, I commend Mr. Souder tleman from Arizona [Mr. KOLBE]. related corruption and, in 1995, had in- for his amendment and urge my col- The CHAIRMAN. The gentleman tensified antinarcotics efforts, pros- leagues to fully support his amend- from Arizona is recognized for 30 sec- ecuted corrupt officials, and sought to ment. onds. expand cooperation with the United Mr. SOUDER. Mr. Chairman, I yield 4 Mr. KOLBE. Mr. Chairman, I claim States and other governments. minutes to the gentleman from Florida the time in opposition so that I may Some in Congress disagree emphati- [Mr. MICA]. have more time to speak. cally with President Clinton’s certifi- Mr. MICA. I thank the gentleman for The CHAIRMAN. The gentleman cation of Mexico’s antidrug efforts, in yielding me the time. from Arizona is in opposition? light of infamous, well-publicized ex- Mr. Chairman, the amendment of- Mr. KOLBE. Yes, Mr. Chairman. amples of corruption. They note that, fered by the gentleman from Indiana The CHAIRMAN. The gentleman although the Mexican Government should be adopted overwhelmingly by from Arizona [Mr. KOLBE] is recognized may have the political will to fight il- the House of Representatives, and I for 10 minutes. licit drugs, corruption is common commend the gentleman for his leader- Mr. KOLBE. Mr. Chairman, I yield enough to undermine good intentions. ship on this issue. We serve on the myself such time as I may consume. All sides can agree that drug cartels same investigations and oversight sub- Mr. Chairman, I will not use the en- have become so wealthy and powerful committee of the Committee on Gov- tire 10 minutes and I think this amend- that they can undermine the best ef- ernment Reform and Oversight. We ment is going to go by voice. But let forts of any government. In the United have looked at the lack of a national me say about this amendment that, States, we fight internal corruption drug policy. We heard the chairman of while I think that no one disagrees through strict internal inspection and this committee speak just a minute with the intent of this amendment that integrity controls and generally well- ago about 70 percent of the hard drugs we should have cooperation with Mex- paid, professional police forces. We also coming into this country, we found in ico, that I do think that it at least H6150 CONGRESSIONAL RECORD — HOUSE June 11, 1996 bears mentioning here on the floor able to do before, to the United States, amendment to increase funding for the what is happening, and the, I think, who were wanted for heinous crimes. Micro and Small Enterprise Develop- positive things that have happened That is an important departure from ment Program. Although I did not offer with Mexico. their past procedures on extraditions. that amendment, I strongly support I just listened to my colleague from Under the extradition treaty, we have this program. This is a highly success- Florida. I could not agree with him been able to get American nationals ful program that helps people help more that what is happening in this extradited to the United States, but themselves. country is terrible and what is happen- never Mexican nationals. Now, the two By helping poor people to increase ing with the rise of drug addiction that were extradited, they were not ex- their income and assets, we are ena- among young people and youth using tradited on drug-related crimes, but bling them to improve their own wel- drugs, hard drugs, is a very serious they were heinous crimes, one of which fare, health, housing and education, all problem. There is no question that we has been talked about in this body on at a very small cost-effective invest- should be very concerned about it, and several different occasions by one of ment. This is a program that works, there is no question we should be con- our colleagues. So that was an impor- and this is the type of activity that we cerned about both the source of these tant step. as a Congress should be encouraging. drugs and how they get to this country. But I think the most important thing Mr. Chairman, when the opportunity It is the how they get to this coun- that I think should be mentioned today presents itself, as you go into con- try, the channel, that we are talking is the passage in Mexico within the last ference with the other body, it is my about here today, because for the most 6 weeks of the most important, the understanding you will work with me part the hard drugs we are talking first and most important, money laun- to support additional assistance for the about, the cocaine, the heroin, are not dering legislation to counter money Micro and Small Enterprise Develop- produced in Mexico but they become laundering, and the first time that ment Program. the transit point, the place from which Mexico has taken up this issue. Mr. CALLAHAN. Mr. Chairman, re- these are transported into the United There is no question, the Mexican claiming my time, I thank the gen- States. As we have been more effective banks, as has happened with banks all tleman from Florida for his observa- in south Florida in cutting off the over the world, whether in the Cayman tions and share his support for the drugs coming in from South America, Islands or whether sometimes in Swit- Micro and Small Enterprise Develop- we have now found that Mexico and zerland or often in the United States, ment Program. Central America are the key places in banks inadvertently, or sometimes I would be pleased to work with the which these drugs come in. through sloppiness or carelessness or gentleman, and with others in this sometimes because they do not care, body and the other body to support and b 1415 allow themselves to be used for money possibly even expand this program. Let us not in a sense blame the mes- laundering. That is why you need to Mr. Chairman, we are going to accept senger, blame the people who are sim- have tough laws that make it clear to the amendment. ply there geographically at our door- the banks what their responsibilities Mr. KOLBE. Mr. Chairman, I yield step, because of our problem we have. I are in money laundering. back the balance of my time. think clearly Mexico has a responsibil- This legislation was drafted and The CHAIRMAN. The question is on ity to work with us on this, and I think worked on, they asked us for some as- the amendment offered by the gen- sistance on it, we gave them technical they are. That is what I wanted to take tleman from Indiana [Mr. SOUDER]. this time, just to mention some of the assistance. This is their legislation. The amendment was agreed to. But we think it is a very good piece of things that have happened in Mexico AMENDMENT OFFERED BY MR. FRANK OF legislation. Now they have to go under the Zedillo administration. MASSACHUSETTS through the process of making it work, Not long ago, just a few months ago, Mr. FRANK of Massachusetts. Mr. of getting all the rules to implement it, the Mexican Government, at our re- Chairman, I offer an amendment pursu- the specifics to the banks, what they quest, arrested and expelled very ant to the unanimous-consent agree- must do. But it is a very tough piece of promptly from Mexico to the United ment. legislation. It is what we have been States so we could try the individual, The CHAIRMAN. The Clerk will des- asking the Mexicans to do for a long Juan Garcia Abrego, the head of the ignate the amendment. period of time. Gulf cartel, one of the key people we The text of the amendment is as fol- had been trying to get apprehended and I rise only to mention this, because I think it is important at the same time lows: get into the United States for drug vio- we say, and I think it is appropriate Amendment offered by Mr. FRANK of Mas- lations. That was a major step by the that we say that money under this law sachusetts: Page 97, after line 5, insert the Mexican Government to cooperate with following new section: should not go to the Mexican Govern- us. ment, or any government for that mat- PROHIBITION OF IMET ASSISTANCE FOR I might say as the chairman of the INDONESIA ter, that is not cooperating with us on United States-Mexico Interparliamen- drug interdiction and interdicting drug SEC. 573. None of the funds appropriated in tary Meeting just a few weeks ago in this Act under the heading ‘‘International trafficking. We would not be sending Mexico, I heard from Mexican par- Military Education and Training’’ may be money to those countries. But I think liamentarians about how they thought made available to the Government of Indo- it is important at the same time that this was outrageous because they had nesia. we say that, that we do acknowledge violated their own legal procedures and PARLIAMENTARY INQUIRY that there have within some important protections in extraditing this individ- steps that have been made by Mexico. Mr. WILSON. Mr. Chairman, I have a ual so promptly and quickly to the parliamentary inquiry. Mr. Chairman, I yield 11⁄2 minutes to United States, and yet it is what we re- the gentleman from Alabama [Mr. The CHAIRMAN. The gentleman will quested. I think we should at least ac- CALLAHAN]. state it. knowledge when we are talking about Mr. MICA. Mr. Chairman, will the Mr. WILSON. How much time will this there have been positive steps that gentleman yield? there be on this amendment and how have taken place. Mr. CALLAHAN. I yield to the gen- will it be allocated? At the end of May, a couple of weeks tleman from Florida. The CHAIRMAN. The gentleman ago, the Mexicans arrested and ex- Mr. MICA. Mr. Chairman, I thank the from Massachusetts, [Mr. FRANK] will pelled Jose Luis Pereyra Salas, a major gentleman for yielding. be recognized for 221⁄2 minutes, and a Bolivian drug trafficker. So they are Mr. Chairman, this deals with an- Member opposed, the gentleman from picking up some of these major drug other slightly different subject, but I Alabama [Mr. CALLAHAN], will be rec- traffickers, they are getting at the rise to engage the chairman of the Sub- ognized for 221⁄2 minutes. head of this Hydra of drug cartels that committee on Foreign Operations, Mr. The Chair recognizes the gentleman is operating there in Mexico. CALLAHAN, in a colloquy. from Massachusetts [Mr. FRANK]. They recently extradited two Mexi- I would like to ask, Mr. Chairman, Mr. FRANK of Massachusetts. I ask can nationals, something they were not that earlier I had intended to offer an unanimous consent, because I will be June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6151 due in a markup, that I be permitted to cause we will anger some nation who would prohibit international military, turn over the management for our side has been the recipient of our protec- education and training [IMET] for In- of the time to the gentleman from tion, cooperation and investment. None donesia. Rhode Island [Mr. REED]. of these nations that I am aware of are The provision contained in the The CHAIRMAN. Is there objection doing this as a favor to us. They are amendment before us would restrict to the request of the gentleman from doing it because it is even more in the IMET program to the more human Massachusetts? their self-interest than ours. rights oriented expanded IMET There was no objection. There is a particular reason why I courses. This provision is identical to Mr. FRANK of Massachusetts. Mr. think it is important for us to begin a existing law in the fiscal year 1996 for- Chairman, I yield myself such time as policy of refusing American assistance eign operations appropriations bill, as I may consume. to blatant violators of human rights is well as the authorization bill that was Mr. Chairman, this amendment Indonesia and elsewhere in Asia. There adopted by both the House and the would strike out the international is a distressing pattern in much of Senate. military education and training for the South Asia of people, nations, progress- However, while I am opposing this country of Indonesia. Indonesia made ing economically, while showing a fun- amendment, I want to make it clear an international solemn agreement damental disregard for democracy and that I continue to have strong reserva- through the U.N. to take over the area human rights. tions about Indonesia’s human rights known as East Timor. Indonesian rule One of the things we like to tell our- record. Indonesia’s military has an ab- in East Timor has been one of the most selves has been there is some necessary horrent human rights record. There is oppressive and brutal we have seen. connection between expanding free no debating that fact. The House needs East Timor had been controlled by market economy, between capitalism to speak with one voice in condemning Portugal. This is a case where colonial- at its best, and democracy. I wish I the continuing human rights abuses ism looks pretty good to people in ret- were more confident of that. But I being perpetuated by the military. rospect. Indeed it is to the credit of the think the pattern is emerging in much That said, it is my view that continu- people of Portugal that they have con- of Asia where nations are showing a ca- ing an IMET program in Indonesia will tinuously spoken out against the op- pacity to develop economically while enhance rather than diminish United pression which the Government of In- remaining from the standpoint of States ability to positively influence human rights quite retarded. donesia has visited on the people of Indonesia’s human rights policies and Indonesia is a nation with very little East Timor. behavior. We need to stay engaged with democracy internally, a great deal of What the Indonesians have done is the Indonesian military. Providing simply violate their international obli- corruption, and with a terribly oppres- sive record against East Timor. I be- IMET will contribute to the profes- gations, agreements they had made, to sionalism and human rights sensitivity treat the people of East Timor fairly. lieve there are important strategic rea- sons why they welcome American co- of Indonesia’s military. There continues to be one of the most Accordingly, Mr. Chairman, I urge oppressive regimes. The people of East operation sufficiently so they are not going to repudiate it altogether. The my colleagues to oppose the Frank Timor, who have sought to preserve amendment. their own identity, their freedom of re- question is: Do we do anything whatso- ever to effectuate our view that the Mr. REED. Mr. Chairman, I yield my- ligion, freedom of speech, have been self such time as I may consume. consistently and brutally mistreated. systematic mistreatment of the people of East Timor must stop? I know we Mr. Chairman, I rise in strong sup- That is going to be documented in port of this amendment, which is of- the debate. But I want to deal now with will be told, at least I have been told this privately, we have changed the fered by myself and my colleagues, Mr. the arguments we are going to hear FRANK of Massachusetts, Mr. KENNEDY that will say, oh, yes, the Indonesians IMET around. It now becomes a force for good, naked to the eye. I do not un- of Massachusetts, and Mr. KENNEDY of have not done what they should do, but Rhode Island. It would prohibit all this is not the way to do it. derstand how that argument can be made when we see a continuation of military education and training funds One thing should be very clear. When for Indonesia, IMET funds. we are talking to those who specialize the pattern on the part of Indonesia of a systematic mistreatment of those Currently, Indonesia receives ex- in foreign policy, to them there is pended IMET. Unfortunately, the Indo- never a way to do anything. Whatever people. Therefore, in pursuance of human nesian military has not made progress method anyone puts forward for deal- rights, in pursuance of the obligation in improving its human rights record. ing with any wrong anywhere in the the world has to the people of East The record is very clear. Indeed, the world turns out to be not the right Timor who were turned over to Indo- Department of State’s ‘‘Country Re- method at a given time. Any effort to nesia through international means, and ports on Human Rights Practices for try to vindicate human rights will run in defense of the principle that human 1995’’ states that the Indonesian Gov- up against a whole variety of argu- rights cannot simply be disregarded, I ernment continues to commit serious ments. One is that we must rely on In- hope this amendment is adopted, and human rights violations in East Timor. donesia, in part for its strategic stabil- that the Indonesian Government will The report further states: ity. get a strong message from the United The armed forces continued to be respon- One thing that strikes me when we States that this behavior is not accept- sible for the most serious human rights debate foreign policy, we are con- able. abuses. stantly being told that America must Mr. Chairman, with that, I reserve On East Timor, no progress was made in be careful less we alienate, unsettle, the balance of my time, which will accounting for missing persons following the destabilize, other nations. How come hereafter be managed by the gentleman 1991 Dili incident or the 10 other Timorese nobody ever has to worry about what that disappeared in 1995. from Rhode Island [Mr. REED]. we think? Mr. CALLAHAN. Mr. Chairman, in b 1430 I do not understand the logic that response to the gentleman from Massa- says because we are quite wealthy and chusetts, I hope his amendment is not And finally, ‘‘The armed forces used quite powerful, we therefore must ac- adopted. excessive force in making arrests fol- cept the fact that our views ought to Mr. Chairman, I yield 2 minutes to lowing anti-integration rioting in Dili be disregarded and we must worry the gentleman from New York [Mr. in October.’’ about offending others? Is the relation- GILMAN]. Mr. Chairman, our IMET resources ship between the United States and In- (Mr. GILMAN asked and was given are designed to provide training for donesia useful in preserving stability? I permission to revise and extend his re- other military forces around the world. believe it is. I believe it is so useful, marks.) It is not designed to encourage or in that the Indonesians will not jeopard- Mr. GILMAN. Mr. Chairman, I thank any way aid or abet in such human ize it based on this. the gentleman for yielding me time. rights abuses. And, in fact, one would The argument is always given that Mr. Chairman, I regret that I rise to hope that these resources and the we should not take this or that step be- oppose the Frank amendment, which training that is involved with them H6152 CONGRESSIONAL RECORD — HOUSE June 11, 1996 would be a strong barrier against such the side of this amendment and I hope for Indonesia when I know he might abuses of human rights. it passes. rather have allowed Indonesia to re- We are not at this juncture criticiz- Mr. Chairman, I reserve the balance ceive full IMET assistance. However, as ing the IMET program. The IMET pro- of my time. the chairman knows, I still have very gram, as it is practiced around the Mr. CALLAHAN. Mr. Chairman, I serious concerns about Indonesia’s world, is a valuable source of American yield 4 minutes to the gentleman from human rights record. foreign policy and military prepared- Texas [Mr. WILSON], the ranking Demo- In 1992, we voted to end all IMET as- ness and national security strength for crat on our subcommittee. sistance for Indonesia because of that our country and our allies. But we can- Mr. WILSON. Mr. Chairman, I thank country’s abysmal human rights record not, I think, sit idly by, watching these the gentleman for yielding me this and their continued oppression of the abuses in East Timor against a people time. I rise in opposition to the amend- people of East Timor. Despite the lack who were the victims of an invasion 20 ment. Of course, the administration is of improvement in Indonesia’s human years ago and continue to fund this also opposed to the amendment. rights record, and the opposition of type of military support for their re- Mr. Chairman, IMET for Indonesia myself and many of my colleagues, a gime, their military, those people who was completely cut off from 1992 to modified IMET program was approved have been identified by our State De- 1995. In fiscal year 1996, as part of a for Indonesia in the Foreign Operations partment as being the perpetrators of compromise on the issue, Congress Appropriations Act for fiscal year 1996. these types of human rights abuses. agreed to allow for expanded IMET When this provision was added to the In 1992, Congress, in a sense of shock only. This means any training provided foreign aid bill last year, we said we and outrage, cut off IMET funds to has to contain some elements of human would monitor the human rights situa- East Timor. In 1991, on film, the Brit- rights training. The bill contains the tion in Indonesia very carefully and act ish Broadcasting Corp. filmed the mas- same restriction as last year, that is accordingly this year. Well, the State sacre of 250 East Timor residents by only expanded IMET for Indonesia Department’s country report on Indo- the forces of the Indonesian Armed which ensures training and human nesia was released in March, and ac- Forces. That was such a shocking re- rights. cording to the report, ‘‘The Govern- volting incident that we acted properly I would, therefore, vigorously oppose ment continued to commit serious and cut off those funds. We restored this amendment. The committee has human rights abuses.’’ those moneys, but we restored those taken a compromise position and it The State Department report also moneys with the idea that the Indo- should be sustained. said that in Indonesia ‘‘reports of nesian military had learned their les- Mr. Chairman, I would like also to extrajudicial killings, disappearances, son; that they would not continue read a couple of paragraphs from a let- and torture of those in custody by se- curity forces increased.’’ Not de- these practices of human rights abuses. ter that I just received a few minutes Sadly, sadly, Mr. Chairman, that les- ago from Secretary of Defense Perry creased. Not stayed the same. In- son has not been learned. It is incum- and General Shalikashvili. creased. Should we really be sending Indonesia more military assistance bent upon us today to once again reit- Strategically located Indonesia, with the now when they have not addressed erate our strong opposition to these world’s fourth largest population, is increas- abuses and to do it in a palpable, tan- ingly important to United States interests. these critical human rights issues? I don’t think so. gible way, to do it by eliminating It is influential regionally, where it has been Indonesia’s policy in East Timor is IMET funds for the Government of In- a force for stability, and globally. As we con- tinue to rationalize and economize on our about the oppression of people who op- donesia and their armed forces. This is overseas military deployments, military co- pose Indonesia’s right to torture, kill, a position which, I think, has strong operation with key countries such as Indo- and repress the people of East Timor. support in many different quarters. nesia becomes an ever greater element in our It is about the 200,000 Timorese who Mr. Chairman, I will at the appro- ability to project power and influence. The have been slaughtered since the Indo- priate time introduce a letter in the IMET program in Indonesia enhances rather nesian occupation in 1975; 200,000 killed extension of remarks from the Catholic than diminishes U.S. ability to positively in- fluence Indonesia’s human rights policies. out of a total population of 700,000. It is Conference in support of this amend- about genocide. ment, and included in that letter is the That from the Secretary of Defense. I urge my colleagues to support this following language: ‘‘Curtailing IMET Finally, Mr. Chairman, I would say amendment and send a message to In- funding to Indonesia constitutes a that the United States has very, very donesia that we will not tolerate con- small but symbolically important ex- broad interests in Indonesia, ranging tinued human rights abuses. pression by our government of the need from vast commercial contracts to Mr. CALLAHAN. Mr. Chairman, I for Indonesia to show greater will in arms sales. It represents one of Asia’s yield 7 minutes to the distinguished resolving these problems.’’ We cannot most promising expanding markets for gentleman from Nebraska [Mr. BEREU- allow another 20 years of abuses to con- American goods, with the United TER], chairman of the Subcommittee tinue in East Timor. States occupying 12 percent of total on Asia and the Pacific of the Commit- I would also say for the record, which imports. Our aid program helps protect tee on International Relations, the I think is important, Mr. Chairman, we the environment, improve conditions House of Representatives’ most leading have spent our the last several days de- in East Timor, open opportunities for expert on Southeast Asia and on trade bating this bill, in different guises, U.S. business, and stop the spread of and American businesses in the region. talking about Desert Storm and over AIDS. Any of those reasons, I submit, Mr. Chairman, I appreciate his com- valiant efforts to liberate Kuwait from are reason enough to vote against this ing to the floor and especially waiting the unprovoked aggression of Iraq in amendment and I urge the House to do for an hour to make his observations. 1991. so. (Mr. BEREUTER asked and was Well, the similarities in this situa- Mr. REED. Mr. Chairman, I yield 3 given permission to revise and extend tion are ironic but associate, but in minutes to the gentlewoman from New his remarks and include extraneous this situation it was the Government York [Mrs. LOWEY]. material.) of Indonesia that struck a defenseless (Mrs. LOWEY asked and was given Mr. BEREUTER. Mr. Chairman, I country, overran it without any jus- permission to revise and extend her re- thank the gentleman for his kind re- tification under international law, and marks.) marks. today not only do we not condemn that Mrs. LOWEY. Mr. Chairman, I rise I rise in strong opposition to the invasion vigorously but we continue to today in support of the Frank amend- amendment by the gentleman from assist the Indonesian military. It ment to eliminate international mili- Massachusetts [Mr. FRANK]. We have to would be as if we had stood by idly and tary education and training funding for remember always, when we approach passively in the gulf and now today Indonesia. these issues, what is in our national in- continued to assist the Iraqi Armed First of all, I would like to commend terest and what is not; what has a posi- Forces. Chairman CALLAHAN for his efforts to tive impact and what does not. So, Mr. Chairman, I think justice and address my concerns on this issue. I ap- Mr. Chairman, as the gentlewoman human rights and sound policy is on preciate his support for expanded IMET from New York began to make clear, June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6153 Indonesia does not have an IMET Pro- As some of my colleagues know, one Mr. KENNEDY of Rhode Island. Mr. gram from us, they have an E–IMET of the troubled areas in Indonesia right Chairman, I rise today as a supporter Program or an expanded IMET Pro- now is a part of the island that is a of IMET. This is a program which is gram, and there is quite a difference. In part of Indonesia called Irian Jaya. The right in the right time and in the right fact, an expanded IMET Program is legal adviser on the staff of the Kodam place, but IMET in Indonesia at this specifically oriented to focusing on im- command in Jayapura, Irian Jaya, it time represents the wrong place at the proving human rights activities and has recently been revealed, is the au- wrong time. practices within a military. thor of a human rights handbook dis- Congress did the right thing in 1992, We also have to get over the idea tributed to all troops in the command; when at the urging of my predecessor that the IMET or E–IMET Program is a it contains his innovations. They have from Rhode Island, Ron Machtley, we grant of assistance to a foreign govern- also issued rules of engagement an- cut off IMET to Indonesia. When Con- ment. We do it because it is in our na- nexes to operational orders, which spe- gress did that, they sent a clear mes- tional interest to increase military-to- cifically says what troops should do sage to the dictatorship in Jakarta. military cooperation, and because it is and, more important, what they should They said: You need to stop the human in our strategic interest to have this not do when they engage in field oper- rights abuses in East Timor; your relationship. ations in that respect. record in East Timor does not merit There are many economic and strate- I am talking very specifically about your receiving IMET. gic reasons why the E–IMET Program how they treat the citizens of their Last year, unfortunately, Congress should be continued for Indonesia, but country, regardless of religion. restored IMET to Indonesia. Since this I would like to focus on the Human b 1445 time human rights abuses have contin- rights concerns and why, in fact, the ued and have gotten worse. Another It has been said that since January frustrations of the gentleman from year will just provide more encourage- when he started issuing these rules of Massachusetts [Mr. FRANK] are not ment for those carrying out these abu- engagement annexes, there have been well taken. He can certainly be frus- sive practices. no human rights violations in the Indo- trated with the failure, as he sees it, to Since Indonesia brutally invaded nesian military in Irian Jaya. When improve conditions in East Timor, but, East Timor 20 years ago, almost one- asked where he came up with these in- in fact, the E–IMET Program is de- third of the population has been killed. novations, he said it all came out of his signed specifically to deal with human One-third of the population has been experience at the U.S. Army Judge Ad- rights issues and human rights policies killed. This could not have happened vocate General’s School, where he was within the military. The E–IMET Pro- without the knowledge and participa- an IMET student. gram improves their performance in Let me end by reminding my col- tion of the military, the very military that respect. It is to our advantage, if leagues why the E–IMET Program is a that we are going to reward if we pass we are interested in improving the positive step toward improving human this IMET in this bill and if we do not human rights conditions. rights in Indonesia. The United States pass the Frank amendment. The E–IMET Program is one of the engagement with the Indonesian mili- Mr. Chairman, the record of leader- most effective tools that we have for tary, through IMET and specifically ship in Indonesia is clear and unmis- promoting both our security interests through E–IMET and other programs, takable. After the Santa Cruz mas- and improving human rights perform- enhances our ability to influence Indo- sacre, General Try Sutrisno, the com- ance in other countries. The IMET or nesian human rights behavior and serv- mander of the Indonesian military at E–IMET Program in Indonesia en- ing our broader interests in the region. the time, and he is now currently the hances rather than diminishes our abil- Second, it provides the Indonesian vice president of Indonesia, was quoted ity to influence the Indonesian mili- military with the human rights courses as saying that those who had gathered tary’s policies and behavior. in the E–IMET Program that will con- at the cemetery were disrupters who Now, I understand that the gen- tribute to their professionalism and must be crushed. He said, and I quote, tleman from Massachusetts, and both the human rights sensitivity of the In- ‘‘Delinquents like these have to be gentlemen from Rhode Island have donesian military. shot, and we will shoot them,’’ he said. very big Portuguese American popu- Third, in 1991, Congress established General Mantriri, the regional com- lations in their districts. These are the expand E–IMET Program with four mander for East Timor, was quoted great people, exceptional Americans, explicit objectives, three of which di- just after the Santa Cruz massacre as but they have to, in fact, I think be rectly relate to human rights issues: A, saying, quote unquote, that, ‘‘The mas- educated to the fact that there are bet- to foster greater respect for the prin- sacre was proper,’’ and, I quote, ‘‘We do ter methods for improving human ciples of civilian control of the mili- not regret anything.’’ rights performance than to deny E– tary: B, to improve military justice These are the words of the military IMET. and military codes of conduct in ac- commanders that this U.S. Congress is Mr. Chairman, the E–IMET Program cordance with internationally recog- about to lend assistance to. These very is bringing results within the military, nized human rights; and the third of military commanders who are saying and I will provide an example in a few the four points that relates to human these things. minutes. The E–IMET Program exposes rights, to enhance cooperation between These abuses continue. Just yester- Indonesia’s military students to west- the military and local police in the day, just yesterday, there are reports ern values, to civilian rule, and to the area of counternarcotics. that are yet to be confirmed that East role of a professional military in a de- Mr. Chairman, these elements in our Timorese youths were shot at by police mocracy. It will encourage efforts un- E–IMET Program are exactly what we forces in Baucau. They were protesting derway in the Indonesian military to need to have happening within the In- the destruction of the portrait of the improve professionalism, accountabil- donesian military. The human rights Virgin Mary, and youths took to the ity, and respect for human rights. concerns that we have with Indonesia streets. There are reports that house- The E–IMET Program for Indonesia, should be addressed by appropriate to-house searches were conducted. which is a product of this gentleman’s means. The E–IMET Program is an ap- My office has learned that Bishop amendment in a foreign aid bill in the propriate means to address human Bello, who is recognized by all as the past, is all that H.R. 3540 allows for In- rights performance within the Indo- conscience of East Timor and is one of donesia. It is designed to address is- nesian military. the most respected human rights lead- sues, again, in democracy, human Mr. Chairman, I ask my colleagues, ers in the world and was one of the fi- rights, military justice, and the con- therefore, to reject the Frank amend- nalists for the Nobel Peace Prize last cept of civilian control over the mili- ment. It is not only a questionable year, Bishop Bello was more upset than tary. We should support human rights amendment in its impact; it is a step in friends have said they have heard him training for Indonesia through E– exactly the wrong direction. in years. IMET, and this Member urges his col- Mr. REED. Mr. Chairman, I yield 5 Mr. Chairman, I think we need to leagues for that reason to vote ‘‘no’’ on minutes to the gentleman from Rhode send a clear message to the leaders of the Frank amendment. Island [Mr. KENNEDY]. Indonesia that we will not sit by and H6154 CONGRESSIONAL RECORD — HOUSE June 11, 1996 let these abuses continue. And I urge pated in this program, and they are with other world leaders in the world my colleagues to support the Frank people that our military works with on community to recognize their occupa- amendment and send a clear message a regular basis, based upon the con- tion, their illegal occupation of East to Indonesia we are not going to sanc- tacts that have been built up as a re- Timor, and to give justice to the East tion continued abuses of human rights. sult of their working with the IMET Timor and to its people. And I think in Mr. CALLAHAN. Mr. Chairman, I program. that regard we have again invoked the yield 4 minutes to the gentleman from As has been said before, this program leverage of withdrawing IMET from the Virginia [Mr. PICKETT]. is going to enhance rather than dimin- armed forces of Indonesia. (Mr. PICKETT asked and was given ish the ability of our Nation to influ- Now, the gentleman from Nebraska permission to revise and extend his re- ence the conduct of Indonesia in the talked about the strategic value of In- marks.) way it handles its human rights poli- donesia. I believe there is strategic Mr. PICKETT. Mr. Chairman, I am cies. value there. But I would point out that here in opposition to this amendment I would urge the Members to recog- in the period from 1992 until about a not because I condone the human nize the importance of this program to year or so ago, when we restored ex- rights policies of Indonesia but because our own military and to reject this panded IMET, the Government of Indo- I am very, very strongly committed to amendment because I think it will not nesia did not turn away from the Unit- our own Nation’s defense program. serve the long-term interests of our ed States, did not seek to ally itself Make no mistake about it, the IMET Nation. with other regional powers. And I program is one of the most valuable Mr. REED. Mr. Chairman, I yield my- would suspect that if once again we re- tools that we use as a Nation to engage self such time as I may consume. voked IMET, they would not turn away in preventive defense on behalf of our Mr. Chairman, I respect a great deal from us, turn away from their own self- country. both the gentleman from Nebraska interest, which is a relationship with This program enables us to bring to [Mr. BEREUTER] and the gentleman the United States in the world commu- this country distinguished military of- from Virginia [Mr. PICKETT] and their nity. ficers from other countries and train comments. We are not at all seeking to undercut them in the way that our military does Mr. Chairman, this is not an amend- the economic ties that we are develop- business, in the way our military re- ment attempting to undercut the very ing with the Government of Indonesia. lates to the civilian sector, and the important goals of IMET. I spent 12 Those ties, I think, also are based upon way our military works with other years in the U.S. Army, and I had the mutual self-interest, but what we are militaries around the world. It is a opportunity to actually train with and doing is trying to establish very clear- very important program. It is not a serve with foreign officers who were ly that the Government of Indonesia program designed exclusively for the brought into this country through the and its armed forces must act with benefit of in this case Indonesia or, for IMET program. It is a very valuable more sensitivity, more consideration of that case, any other foreign nation. It program and a very worthwhile pro- the people of East Timor, and if they benefits the United States of America. gram. And it does, as the gentleman cannot do that, they then would not be It makes our defense program strong- from Virginia indicated, give our coun- allowed to participate in this expanded er. It extends the scope of influence of try an opportunity to impress upon for- IMET. And for all of the above reasons, the United States of America. eign officers our values, both our demo- I would urge that this measure be When these people come and visit in cratic values and our professional adopted and the amendment be accept- this country, they take back with standards. ed by the committee. them characteristics that we cannot But the other side of that equation is Mr. CALLAHAN. Mr. Chairman, I communicate or instill any other way. that this program gives, in many re- yield myself such time as I may And time and again we have heard the spects, an imprimatur to the military consume. military of our Nation talk about forces that participate in the program, Mr. Chairman, I rise in opposition to working with other military members and I think we have to ask very serious the amendment of the gentleman from that are in foreign countries and hav- questions at this juncture, given the Massachusetts [Mr. FRANK], which ing a first-time relation with them be- record in Indonesia, whether we want would cut off all IMET to Indonesia. cause of the fact that these people have to give the imprimatur to the armed Mr. Chairman, I notice that the gen- come to the United States of America, forces of Indonesia. There have been in- tleman from Massachusetts [Mr. have worked in our schools here, have dications that progress is being made. FRANK] had other business and could worked with our military people, and But progress in human rights in East not be here to hear the extended de- have taken back with them personal Timor is in the eye of the beholder. bate; not here to hear the eloquent relationships that they continue to And I would refer to the letter I made statements of people that are knowl- build on year after year after year. reference to before from the Catholic edgeable in this affair. But I am sure It is a magnificent investment that Conference from Father Drew that had he been here, no doubt he we make, and one that has returned Christiansen: ‘‘Rather than improve- might have taken serious consideration dividends manyfold on the money that ments in human rights, there have to withdraw this amendment. has been invested in it. It should not be been over the past year numerous re- But since it has not been withdrawn, looked upon as simply a gift over some- ports from authoritative sources of as the gentleman knows, the sub- thing to trade off for some kind of con- continued harassment and arrests of committee has been very attentive to duct of another nation. It is much, many, especially young people, seeking this issue and in last year’s bill we much too valuable for that. This is a to express in a nonviolent fashion their agreed to provide expanded IMET to In- very strong component of our Nation’s disagreement with the status quo. donesia. Expanded IMET is only for defense program. And you might ask, There continue to be vicious attacks training the military in the areas of well, why is it in the foreign operations by gangs of paramiliataries and a cli- democratization, respect for human bill? And my answer is I do not know. mate of fear created by the security rights, and the rule of law. It really I think it more properly belongs in the forces that at times amounts to a reign should be called restricted IMET. defense appropriations bill. But never- of terror.’’ Because our fiscal year 1996 bill was theless we are here with it. But we And so I would argue, based upon the not enacted into law until early this should not let the fact that it is in the observations of Father Christiansen year, Indonesia really has not had the foreign operations bill obscure from us and his colleagues in the Catholic Con- benefit of this type of training. The the reality that this is indeed a defense ference, that our IMET training has committee’s position this year simply expenditure and one that is a very val- not achieved success yet and, in fact, reflects last year’s compromise on this uable component of our Nation’s de- what it does is provide a symbolic ap- issue—it allows the expanded IMET fense program and experience has proval of these operations in East program to work with Indonesian offi- shown that it works well. Timor by Indonesian security forces. cers to improve their human rights For example, the top three military And also it has not yet moved forward performance. No military training is officers in Indonesia have all partici- the Government of Indonesia together provided. Personally, I support full June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6155 military training for Indonesia, but I Indonesia and would have only negative ef- overall U.S. interests in the region. In fact, as reached a compromise with my col- fects on United States-Indonesian relations. I pointed out, prohibiting of IMET could actu- leagues on the committee and last year Furthermore, if enacted, I believe this amend- ally setback the process of improving human I supported the House position in con- ment would actually hinder the kind of rights in Indonesia. ference. changes and increased respect for human Therefore, I urge my colleagues to vote for Currently the administration is plan- rights its proponents claim to seek. America's best interests and reject this mis- ning visits to Indonesia by the U.S. First, let's be clear on what IMET is. IMET guided amendment. Naval Justice School’s Military Justice is not guns and ammunition. It's not even Ms. PELOSI. Mr. Chairman, I rise in support Mobile Education Team and the U.S. combat training. The IMET program sponsors of the Frank-Kennedy-Reed amendment to Naval Postgraduate School’s Civil- up and coming Indonesian military officers to prohibit IMET for Indonesia. I appreciate Military Relations Mobile Education come to the United States to receive either Chairman CALLAHAN's initiative last year and Team. Are these really the types of technical trainingÐlike accountingÐor profes- again this year to limit IMET for Indonesia to IMET programs that the House should sional education including military justice and expanded-IMET only. Nonetheless, in light of be prohibiting? Well, that is exactly human rights awareness. Thus, IMET partici- continuing human rights abuses and Indo- what the amendment by the gentleman pants are exposed to the very issues about nesia's economic strength I do not believe that from Massachusetts will do. which the sponsors of the Frank amendment the Indonesian military should be trained with I strongly oppose this counter- are most concerned. How better to ensure that United States taxpayers' dollars. productive amendment which will the Indonesian military enhances its profes- According to the U.S. State Department's deny, I repeat deny, human rights sionalism and sensitivity to the human rights country reports on human rights practices for training to the Indonesian military. concerns we've identified than to include this 1995, human rights in Indonesia continued to Please vote ‘‘no’’ on the Frank amend- in their training? Especially when the Indo- be a problem. The report notes thatÐin Indo- ment. nesian military wants this training? They are nesia ``there continued to be numerous, credi- Mr. UNDERWOOD. Mr. Chairman, I rise seeking our help. If the sponsors of this ble reports of human rights abuses by the mili- today in support of the Frank, Kennedy, Reed amendment listen to their own words, then tary and police * * *.'' The human rights prob- and Kennedy amendment to the fiscal year they would see that we ought to continue to lems in Indonesia noted by the State Depart- 1997 foreign operations appropriations bill provide this training. ment report include: which will prohibit all international military edu- Second, IMET also plays an important role The (Indonesian) Government continued to cation [IMET] funding for Indonesia. in improving United States-Indonesian security commit serious human rights abuses. The The Indonesia invasion and occupation of ties. Indonesia occupies a very central and most serious abuses included harsh repres- East Timor in 1975 was the beginning of a pe- strategic position in Southeast Asia. Indonesia sion of dissidents in East Timor, Aceh, and riod of repression and human rights abuses in is a key member of ASEAN and a moderate Irian Jaya. Reports of extrajudicial killings, East Timor that has continued for over 20 leader of the non-aligned movement. It is the disappearances, and torture of those in cus- tody by security forces increased. Reports of years. It has claimed the lives of 200,000 world's largest Moslem country. Indonesia is arbitrary arrests and detentions and the use Timorese, one-third of the original population. very supportive of the United States presence of excessive violence (including deadly force) It has been done in defiance of the U.N. Secu- in Southeast Asia and provides us with places in dealing with suspected criminals or per- rity Council, which has twice called on Jakarta in lieu of bases. The modest support the Indo- ceived troublemakers continued. to withdraw without delay. The United States nesian military receives from IMET goes a The State Department's report also states: fully supported these resolutions. long way in solidifying this relationship. It also Elements of the armed forces continued to The human rights situation remains serious provides our own military with exposure to be responsible for the most serious human in East Timor. In this year's State Department senior and mid-level Indonesian military offi- rights abuses. Military leaders in some cases Country Report on Human Rights Practices, cers with all of the associated benefits such showed willingness to admit publicly abuses the Department notes ``the most serious relations provide. by military personnel and take action abuses, by Indonesia, include harsh repres- Third, with 190 million people, Indonesia is against them, including in a brutal incident sion of dissidents in East Timor * * * Reports a growing market for American goods and in East Timor. Punishment, however, rarely of extrajudicial killings, disappearances and services. Last year alone, the United States matched the severity of the abuse. torture of those in custody by security forces exported $3.3 billion, an increase of over 20 Some of our colleagues will argue that IMET increased.'' percent from last year. Indonesia is the host to benefits the United States by increasing the Since the November 12, 1991, Santa Cruz over $6 billion in United States investments. professionalism of the armed forces of other Cemetery massacre, in which Indonesian Whether we like it or not, IMET has, in part, nations. That may, in some cases, be true. troops armed with American M±16's gunned come to represent a bellwether of United Unfortunately, history is now littered with down more than 200 Timorese civilians, Con- States engagement with Indonesia. It has be- cases of egregious human rights abuses being gress has taken a series of initiatives which come a symbol of United States attitude to- perpetrated by people who received U.S. mili- have begun to shift the direction of United ward Indonesia. Therefore, to prohibit IMET tary training. In some countries, IMET training States policy. will be seen by IndonesiansÐall Indonesians, endows those who receive it with a mantle of While imperfect, the ban on IMET funding not just the Suharto governmentÐas a slap. prestige and privilege. IMET provides a seal of for Indonesia has been one source of lever- Unlike most of my colleagues, as a first gen- approval of sorts for military people who re- age. First imposed in October 1992, the ban eration Asian-American, I have a pretty good ceive it and therefore bestows a seal of ap- has sent an important message to Indonesia understanding of how East Asians think. And, proval on their military practices. The United about our concerns regarding human rights in I can assure every one of you, this will be in- States should not be in a position of support- East Timor. By approving IMET military train- terpreted as a direct insult against the Indo- ing repressive or abusive practices either in an ing funds, Congress turns a blind eye to con- nesian Nation as a whole. explicit or implicit way. tinued abuses in East Timor and lets Indo- Such an insult will have a direct and nega- It is clear, to those who are willing to look, nesia off the hook. tive affect on all aspects of our relationship, in- that the human rights situation in East Timor The political issue in East Timor is a very cluding economic ties. At risk are jobs and in- is terrible. The State Department's report pro- basic one: The people simply want the right to comes of Americans rights here at home. The vides documentation of some of last year's vote in a U.N.-supervised referendum, in only ones really cheering for the misguided atrocities, many of which were perpetrated by which they would be given the right to choose symbolism of the Frank amendment are our the military. These practices have not ended. whether they want to be independent or be- Asian and European competitors. I have in my possession a list provided by a come part of Indonesia. Without any inter- Finally, I am sensitive to the situation in reputable human rights organization of 17 national pressure on the regime in Jakarta, the East Timor. Unfortunately, the history as well East Timorese people who have been ar- ability of the people in East Timor to exercise as the future of East Timor is not as simple rested, beaten and tortured by the Indonesian their right of self-determination will continue to and black and white as proponents of this armed forces at various locations around East be infringed upon. amendment claim. Progress is being made Timor since January 1996. This list is incom- Mr. KIM. Mr. Chairman, I rise in strong op- with regard to East Timor, though I agree that plete, but it is representative of the ongoing position to the Frank amendment to prohibit more is needed. However, cutting IMET will practices of the Indonesian military. the use of international military education and have no positive effect on East Timor. The The repressive activities of the Indonesian training funds for Indonesia. It appears to me Frank amendment is merely pandering to only armed forces are by no means limited to East that this amendment is designed only to insult special interest in East Timor at great expense Timor, which Indonesia occupies illegally. H6156 CONGRESSIONAL RECORD — HOUSE June 11, 1996 They also occur in many other places in Indo- Duncan Lantos Rohrabacher Lewis (KY) Packard Smith (WA) Durbin Levin Ros-Lehtinen Lightfoot Parker Solomon nesia, including Irian Jaya, where NGO and Ehlers Lewis (GA) Roukema Linder Paxon Souder church sources provided eyewitness accounts Ensign Lipinski Roybal-Allard Livingston Payne (VA) Spence of over 40 victims of torture by the Indonesian Eshoo LoBiondo Royce Longley Peterson (FL) Stenholm military in late 1994 and early 1995. Evans Lofgren Rush Lucas Peterson (MN) Stump Farr Lowey Sabo Manton Petri Talent I urge my colleagues to express their con- Fattah Luther Sanders Manzullo Pickett Tanner cern about human rights abuses in Indonesia Fazio Maloney Sawyer Martinez Pombo Tate by supporting the Frank-Kennedy-Reed Fields (LA) Markey Schroeder Matsui Pomeroy Tauzin amendment to prohibit IMET for Indonesia. Filner Martini Schumer McCollum Portman Taylor (MS) Flake Mascara Scott McCrery Pryce Taylor (NC) Mr. TORRICELLI. Mr. Speaker, I rise today Foglietta McCarthy Serrano McHugh Quillen Tejeda in strong opposition to funding for expanded Ford McDermott Shays McInnis Quinn Thomas international military and education training Fox McHale Skaggs McIntosh Radanovich Thompson Frank (MA) McKinney Slaughter McKeon Regula Thornberry [IMET] for Indonesia. The actions perpetrated Franks (CT) McNulty Smith (NJ) Metcalf Richardson Thornton by Indonesia against the people of East Timor Franks (NJ) Meehan Spratt Meyers Riggs Tiahrt have been no less than reprehensible and do Funderburk Meek Stark Mica Roberts Traficant not deserve to be condoned by this Govern- Furse Menendez Stearns Miller (FL) Roemer Vucanovich Gejdenson Millender- Stockman Minge Rogers Walker ment. I do not question the efficacy of IMET Gutierrez McDonald Stokes Molinari Roth Walsh programs in general, but rather the value to be Gutknecht Miller (CA) Stupak Mollohan Salmon Watts (OK) gained by the United States in providing as- Hall (OH) Mink Thurman Montgomery Sanford Waxman Hefner Moakley Torkildsen Moorhead Saxton Weldon (FL) sistance to the Indonesian Government. As a Hinchey Moran Torres Morella Scarborough Weldon (PA) champion of human rights throughout the Holden Nadler Towns Murtha Schaefer Weller world, the United States should make every Hoyer Neal Upton Myers Seastrand White effort to ensure that systematic aggression, Jackson (IL) Oberstar Velazquez Myrick Sensenbrenner Whitfield Jackson-Lee Obey Vento Nethercutt Shadegg Wicker like that against the East Timorese, is not al- (TX) Olver Visclosky Neumann Shaw Wilson lowed to continue. In order to do this, though, Johnson (SD) Owens Volkmer Ney Shuster Wise it is imperative that the Indonesian Govern- Johnston Pallone Wamp Norwood Sisisky Wolf Kanjorski Pastor Ward Nussle Skeen Young (AK) ment receives a firm answer from this coun- Kaptur Payne (NJ) Waters Ortiz Skelton Young (FL) tryÐsuch behavior will not be tolerated. Kennedy (MA) Pelosi Watt (NC) Orton Smith (MI) Zeliff Indonesia's invasion of East Timor spawned Kennedy (RI) Porter Williams Oxley Smith (TX) Woolsey an era of oppression directed against the East Kennelly Poshard NOT VOTING—13 Kildee Rahall Wynn Timorese. Torture, abductions, disappear- Kleczka Ramstad Yates Bateman Harman Schiff ances, and massacres have all been common Klink Rangel Zimmer Brown (CA) Hastings (FL) Studds occurrences under its rule. The result has Klug Reed Calvert Lincoln Torricelli LaHood Rivers Deutsch McDade been the annihilation of nearly one-third of the Gibbons Rose East Timorese population. Portugal has stren- NOES—272 b 1520 uously objected to Indonesia's conduct in East Abercrombie Coble Goodlatte Timor, but these objections have gone Ackerman Coburn Goodling Ms. BROWN of Florida and Mr. WAX- unheeded. Instead, the international commu- Allard Coleman Gordon MAN changed their vote from ‘‘aye’’ to nity has silently accepted the situation. How- Archer Collins (GA) Goss ‘‘no.’’ Armey Combest Graham ever, I refuse to stand idly by as the Indo- Bachus Condit Green (TX) Ms. WATERS and Messrs. CLAY, nesian Government is no less than rewarded Baesler Cooley Greene (UT) FLAKE and VOLKMER changed their for its actions with funds from this country. Baker (CA) Cox Greenwood vote from ‘‘no’’ to ‘‘aye.’’ Baker (LA) Cramer Gunderson So the amendment was rejected. The violence which has been unleashed Baldacci Crane Hall (TX) against the people of East Timor must be Ballenger Crapo Hamilton The result of the vote was announced stopped. A restoration of IMET funding to In- Barcia Cremeans Hancock as above recorded. donesia, though, does not send this message. Barr Cubin Hansen (Mr. CALLAHAN asked and was Barrett (NE) Cunningham Hastert given permission to address the Com- Rather, it encourages the Indonesian military Bartlett Davis Hastings (WA) to perpetuate the cycle of abuse. The East Barton de la Garza Hayes mittee for 1 minute.) Timorese must be recognized for the basic Bass Deal Hayworth Mr. CALLAHAN. Mr. Chairman, I Bentsen DeLay Hefley yield to the gentleman from Illinois human dignity we all share. For this reason, I Bereuter Diaz-Balart Heineman [Mr. PORTER] for a colloquy. stand opposed to this country's financial sup- Berman Dickey Herger port of the Indonesian regime. Bevill Dicks Hilleary Mr. PORTER. Mr. Chairman, very re- Bilbray Dingell Hilliard cently, elections were held in Albania Bilirakis Dixon Hobson that international observers feel were b 1500 Bishop Dooley Hoekstra Bliley Doolittle Hoke rife with irregularities—including bal- The CHAIRMAN. The question is on Blumenauer Dornan Horn lot stuffing, physical intimidation of the amendment offered by the gen- Boehlert Doyle Hostettler voters and other acts of fraud and coer- tleman from Massachusetts [Mr. Boehner Dreier Houghton cion. This is a grave cause of concern Bonilla Dunn Hunter FRANK]. Bono Edwards Hutchinson and I would inquire whether the Chair- The question was taken; and the Brewster Ehrlich Hyde man would be open to consideration of Chairman announced that the noes ap- Browder Emerson Inglis provisions withholding assistance to peared to have it. Brown (FL) Engel Istook Brownback English Jacobs Albania unless new elections are held. RECORDED VOTE Bryant (TN) Everett Jefferson Mr. CALLAHAN. I understand the Mr. REED. Mr. Chairman, I demand a Bryant (TX) Ewing Johnson (CT) gentleman’s concern over the disturb- Bunn Fawell Johnson, E. B. ing elections in Albania, and I will re- recorded vote. Bunning Fields (TX) Johnson, Sam A recorded vote was ordered. Burr Flanagan Jones main open to consideration of this The vote was taken by electronic de- Burton Foley Kasich matter in our conference committee vice, and there were—ayes 149, noes 272, Buyer Forbes Kelly with the Senate on this legislation. Callahan Fowler Kim Mr. PORTER. Mr. Chairman, I thank not voting 13, as follows: Camp Frelinghuysen King [Roll No. 227] Campbell Frisa Kingston the gentleman from Alabama. Canady Frost Knollenberg Mr. CHAIRMAN. Pursuant to the AYES—149 Castle Gallegly Kolbe rule and the order of the House of June Andrews Brown (OH) Costello Chabot Ganske LaFalce Barrett (WI) Cardin Coyne Chambliss Gekas Largent 6, 1996, the Committee rises. Becerra Clay Cummings Chapman Gephardt Latham Accordingly the Committee rose; and Beilenson Clayton Danner Chenoweth Geren LaTourette the Speaker pro tempore (Mr. HEFLEY) Blute Clement DeFazio Christensen Gilchrest Laughlin having assumed the chair, Mr. HANSEN, Bonior Collins (IL) DeLauro Chrysler Gillmor Lazio Borski Collins (MI) Dellums Clinger Gilman Leach Chairman of the Committee of the Boucher Conyers Doggett Clyburn Gonzalez Lewis (CA) Whole House on the State of the Union, June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6157 reported that that Committee, having yeoman job that they have done, as successful efforts for the second year in a row had under consideration the bill (H.R. does the gentleman from Wisconsin in putting together a foreign aid bill which has 3540) making appropriations for foreign [Mr. OBEY] and all the people of our bipartisan support. As a member of the For- operations, export financing, and relat- committee. eign Operations Subcommittee, I know the ed programs for the fiscal year ending The gentleman from Utah [Mr. HAN- work that has gone into this bill and the efforts September 30, 1997, and for other pur- SEN] also deserves recognition for his that have been made to bridge many dif- poses, pursuant to House Resolution yeomanship and his great handling of ferences on the purpose, the priorities, and 445, he reported the bill back to the this bill sitting in the Speaker’s chair. the funding level of our foreign aid programs. House with sundry amendments adopt- Mr. Speaker, once again, in the final I would like to thank the subcommittee staff, ed by the Committee of the Whole. passage of this bill there have been Charlie Flickner, Bill Inglee, John Shank, and The SPEAKER pro tempore. Under those who came and tried to increase Lori Maes, and our Democratic staffpersons the rule the previous question is or- this level of spending that we do on for- Mark Murray and Kathleen Murphy for their dered. eign aid, but thanks to this committee hard work on this bill. Is a separate vote demanded on any and this Congress, we are cutting for- In the current fiscal climate, we have to amendment? If not, the Chair will put eign aid, we are cutting the President’s make many difficult choices cutting funding for them en gros. request by a billion dollars, we have many worthy programs. Our decisions must be The amendments were agreed to. now, with the passage of this bill, re- based on fact, not myth. We have before us Mr. CALLAHAN. Mr. Speaker, I ask duced the level of appropriation for for- today one of the most misunderstood and ma- unanimous consent to address the eign operations to less than 1 percent ligned bills the Congress is regularly privileged House for 2 minutes. of our total budget. to consider. The misperceptions surrounding The SPEAKER pro tempore. Is there So this is a vote to cut foreign aid foreign aid are legion and we, as leaders, objection to the request of the gen- and to appropriate responsibly what have an obligation to set the record straight. tleman from Alabama? limited amount of money we are going We will hear today from some of our col- There was no objection. to. I would encourage each Member to leagues that the American people do not sup- Mr. CALLAHAN. Mr. Speaker, I yield vote ‘‘aye’’ to cut foreign aid and to port foreign aid. That is not true. The Amer- for a few seconds to the gentlewoman pass this responsible legislation. ican people's overwhelming humanitarian re- from California [Ms. PELOSI] for a com- Mr. DURBIN. I rise in support of assistance sponse to crisis, to famine, to tragedy over- ment. to Israel in the Foreign Operations Appropria- seas, is evidence of their concern. According Ms. PELOSI. Mr. Speaker, in the few tions Act for fiscal year 1997. to recent surveys, Americans believe we seconds that I have allocated to me I The legislation before us today includes the should spend 15 percent of our budget on for- want to commend the gentleman from President's full request for assistance to Israel, eign aidÐthey think we spend 40 percent on Alabama [Mr. CALLAHAN], our chair- including economic support funds, foreign mili- foreign aidÐand do not know that we spend man, for his excellent leadership of our tary finance grants, counterterrorism assist- less than 1 percent on foreign aid. Today's bill subcommittee and for his shepherding ance, and funds for the resettlement of refu- continues the recent downward trend in us through these different issues. While gees from Eastern Europe. In addition, the spending on foreign aid, providing $1 billion I do not agree with all that is in the legislation requires that this assistance be pro- less than the President's request for fiscal bill, I do commend the gentleman. vided on an expedited basis. year 1997 , and $458 million less than the fis- In addition to commending our excel- The security and the prosperity of the Unit- cal year 1996 level. lent chairman, the gentleman from ed States are intricately interwoven with the Foreign aid is a good investment in a num- Alabama [Mr. CALLAHAN], for his mag- security and prosperity of Israel. The American ber of ways. Our limited foreign aid dollars nificent shepherding of this legislation people and the people of Israel are insepa- provide returns to our country many times through subcommittee, full committee rably joined by a common heritage, shared over through assisting our allies and increas- and to the floor, I want to join with values and democratic forms of government. ing our national security, providing much- him in acknowledging the fine work of The threats to IsraelÐfrom political conflict, needed humanitarian relief and easing human our ranking member, the gentleman extremism, economic instability and the pro- suffering. In addition, we get numerous eco- from Texas [Mr. WILSON]. While he will liferation of weapons of mass destructionÐare nomic benefits from our foreign aid invest- be on the floor when we take up the also threats to the people of the United States. ments. Eighty percent of our development as- conference report, I am certain, this is We have seen historic changes in the Mid- sistance is spent here in the United States, the last bill that he brings to the floor dle East in recent years as Israel has reached providing jobs for American workers, and ex- from the committee, and I know that out to its neighbors for peace. But real dan- panding markets abroad. all the members of the subcommittee gers and significant obstacles to peace re- I support a number of this bill's provisions join our colleagues in commending him main. and thank Chairman CALLAHAN, in particular, and thanking him for his leadership on The people of Israel have just recently held for his continued leadership in providing fund- the committee, his good humor in the elections and voted for new leaders. This is a ing for global AIDS programs and for his as- face of strong opposition on some is- time of transition for Israel, and Israel's people sistance in addressing my concerns about sues in the committee and his leader- must know that the United States will remain some reporting requirements related to Hong ship to rally us around some of the is- a steadfast and strong ally. Kong. That said, I cannot ignore the parts of sues of agreement. The assistance we provide to Israel will this bill which I believe should be changed. I With that, I want to once again com- strengthen our most important ally in the Mid- am particularly concerned about the impact of mend the gentleman from Alabama dle East, deter aggression from hostile nations funding cuts on programs to meet the needs [Mr. CALLAHAN]. I do not think our col- in the region, and ultimately protect the secu- of the poorest of the poor around the world, leagues have any idea how difficult it rity of the United States. This assistance will including IDA and the IADB's Fund for Special is for this bill, to reach consensus on help Israel to preserve a qualitative advantage Operations. I am also concerned about the re- it, and we are all deeply in the debt of in defense, even though it is heavily outspent duced ability of our foreign aid programs to the gentleman. by its larger neighbors. It will help Israel to ab- meet the development challenges on the con- Mr. CALLAHAN. Reclaiming my sorb the economic cost of maintaining a tinent of Africa. I believe we should reinstate time, I am sorry that the confusion and strong defense. And it will once again assure the Development Fund for Africa as a sepa- the timing does not permit us to do the people of Israel, and its adversaries, of un- rate account and provide funding for the Afri- justice to the gentleman from Texas, wavering American support. can Development Bank and African Develop- who is sitting in on his last few min- We must support Israel because it is the ment Foundation, for example. utes of an appropriation bill, who has right thing to do, and because it is the wise And, I am particularly concerned about the been sitting here for 19 years doing this course to take. I urge my colleagues to sup- consequences for the global environment of same thing every 2 years. And I would port the President's request for assistance to cuts in funding for global environment pro- like to thank also the subcommittee Israel and vote for final passage of the For- grams and of cuts in funding and restrictions members who have worked so hard and eign Operations Appropriations Act for Fiscal on population assistance funds. are so allied with us in trying to for- Year 1997. Overpopulation is a threat to us all. The mulate a bipartisan bill. And certainly Ms. PELOSI. I commend Chairman CAL- world is already experiencing a serious strain the staff deserves recognition for the LAHAN and Ranking Member WILSON for their on its natural resources; increased population H6158 CONGRESSIONAL RECORD — HOUSE June 11, 1996 growth at current rates will only increase envi- sities. Finding and implementing sustainable, [Roll No. 228] ronmental degradation. We cannot be close- environmentally safe, agricultural techniques YEAS—366 minded or short-sighted on this issue. What and crops is critical to providing long-term Abercrombie Edwards Klug happens in other countries must be of interest food security in Africa and throughout the Ackerman Ehrlich Knollenberg here at home. Pollution does not stop at our world. Allard Emerson Kolbe Andrews Engel LaFalce borders. Diseases also do not stop at our bor- In addition, I would like to express my sup- Archer English LaHood ders. Stabilizing population growth is critical to port for the efforts of Representatives VIS- Armey Ensign Lantos us all. Bachus Eshoo Largent CLOSKY, BILIRAKIS, DURBIN, and others to Baesler Evans Latham In addition, I am very concerned that the strengthen the Humanitarian Aid Corridor Act Baker (CA) Ewing LaTourette population provisions contained in this bill will and increase pressure on Turkey to lift its 3 Baker (LA) Farr Lazio have the opposite impact of what our well- year blockade of United States relief supplies Baldacci Fawell Leach meaning colleagues intend. The 35-percent Ballenger Fazio Levin to Armenia. Barcia Fields (LA) Lewis (CA) cut in population assistance funding contained This amendment will send a clear message Barr Fields (TX) Lewis (GA) in this bill can be expected to result in 7 mil- Barrett (WI) Filner Lewis (KY) to Turkey that the United States Congress will lion couples in developing countries left with- Bartlett Flake Lightfoot not tolerate, much less subsidize, the illegal out access to modern, safe contraceptive Barton Flanagan Linder blockade of American humanitarian relief aid Bass Foley Lipinski methods; 4 million women experiencing unin- to needy populations in Armenia. Turkey's em- Becerra Forbes Livingston tended pregnancies; 1.6 million more abor- Bentsen Ford LoBiondo bargo not only perpetuates the humanitarian tions; 8,000 more women dying in pregnancy Bereuter Fowler Lofgren crisis in Armenia, but also increases the costs Berman Fox Longley and childbirth, including those from unsafe of American assistance programs because of Bevill Frank (MA) Lowey abortions; and 134,000 infant deaths. These Bilbray Franks (CT) Luther the necessity to circumvent Turkey. The are not abstract arguments. These are real Bilirakis Franks (NJ) Maloney amendment will ensure that Turkey complies people whose suffering and whose deaths that Bishop Frelinghuysen Manton with the Humanitarian Aid Corridor Act before Bliley Frisa Manzullo we have the power to prevent. it receives any additional economic support Blumenauer Frost Markey U.S. foreign assistance has been at the Blute Funderburk Martinez forefront in saving lives, building democracy funds. Boehlert Furse Martini I would also like to extend my support for Boehner Gallegly Mascara and achieving economic growth in the devel- Bonilla Ganske Matsui oping world. While failures associated with for- the amendment offered by Representatives Bonior Gejdenson McCarthy eign aid programs have been well publicized, RADANOVICH and BONIOR. This amendment Bono Gekas McCollum the success stories receive little attention. We would withhold $3 million of United States aid Borski Gephardt McCrery Boucher Geren McHale can be proud that hundreds of millions of peo- to Turkey until the Turkish Government has Brewster Gilchrest McHugh ple around the world have achieved substan- acknowledged the atrocities committed against Browder Gillmor McInnis tial improvements in their living standards the Armenian people. By linking Turkey's de- Brown (CA) Gilman McIntosh nial of this genocide to United States foreign Brown (FL) Gonzalez McKeon around the world. We can be proud of the mil- Brown (OH) Goodlatte McKinney lions of children in developing countries whose aid levels, this amendment provides a prac- Brownback Goodling McNulty lives have been saved by the immunization tical incentive for Turkey to finally acknowl- Bryant (TN) Gordon Meehan programs which we have funded. edge its role in this genocide. Moreover, it Bryant (TX) Goss Meek Bunn Graham Menendez Yes, improvements can still be made. Ev- would begin to decrease regional tensions and Burr Green (TX) Metcalf erything can always be improved. The admin- open the door to improved relations between Burton Greene (UT) Mica istration should be commended for the Armenia and Turkey. Buyer Greenwood Millender- progress it has made in increasing the effi- Callahan Gunderson McDonald I would also like to express my support for Camp Gutierrez Miller (FL) ciency and effectiveness of our development the amendment offered by Mr. KENNEDY of Canady Hall (OH) Mink programs. We should make every effort to Massachusetts to prohibit funding for the U.S. Cardin Hamilton Moakley fund these programs at adequate and appro- Castle Hastert Molinari Army's School of the Americas. While the Chabot Hastings (WA) Moorhead priate levels. This bill is a step in that direc- amendment was withdrawn, his underlying bill, Chambliss Hayes Moran tion. H.R. 2652, is a legislative proposal worth sup- Chapman Hayworth Morella Mr. FAZIO of California. Mr. Speaker, I rise porting. Christensen Hefner Murtha to offer my support for the foreign operations Chrysler Heineman Myers The School of the Americas and its grad- Clay Hilleary Myrick appropriations measure before us today. I am uates have linked the United States to some Clayton Hilliard Nadler not satisfied with all of the bill's provisions, no- Clement Hinchey Neal of the worst human rights violators in Latin Clinger Hobson Nethercutt tably the continued restrictions on international America. These human rights abusers have family planning. However, I believe that this Clyburn Hoekstra Ney been responsible for murders, coups, and nu- Coble Hoke Norwood bill contains some provisions that deserve our merous disappearances. This shameful record Coleman Holden Nussle Collins (GA) Horn Obey support, including our Nation's continued com- casts doubts on the intentions of the United mitment to the Middle East peace process. Collins (IL) Hostettler Olver States and damages our relationships. We Collins (MI) Houghton Ortiz A new era in U.S. foreign assistance has need to take a serious look at the school and Costello Hoyer Orton been taking shape since the end of the cold the awful legacy that it has left in Latin Amer- Cox Hunter Owens war. New trends are developing which will Coyne Hutchinson Oxley ica. guide the direction of our foreign policy and Cramer Hyde Packard I believe that reasonable, responsible levels Crane Inglis Pallone foreign assistance programs well into the next Crapo Istook Parker century. In light of these changes, I believe it of foreign assistance will continue to serve the Cremeans Jackson (IL) Pastor is important for the United States to remain economic, humanitarian, political, and strategic Cubin Jackson-Lee Paxon interests of the United States. I urge my col- Cummings (TX) Payne (VA) committed throughout the world. Such a com- Cunningham Jefferson Pelosi mitment will serve to advance our global inter- leagues to support this legislation. Davis Johnson (CT) Peterson (FL) ests and influence. The SPEAKER pro tempore. The de la Garza Johnson (SD) Peterson (MN) This bill will appropriate $11.9 billion for for- question is on engrossment and third Deal Johnson, E.B. Petri DeLauro Johnson, Sam Pickett eign aid and export assistance, $1 billion less reading of the bill. DeLay Johnston Pomeroy than the administration's request and $458 The bill was ordered to be engrossed Dellums Kanjorski Porter million less than the fiscal year 1996 appro- Diaz-Balart Kaptur Portman and read a third time, and was read the Dickey Kasich Poshard priation. third time. Dicks Kelly Pryce Mr. Speaker, I am pleased that the commit- The SPEAKER pro tempore. The Dingell Kennedy (MA) Quinn tee has continued to show its support for sus- Dixon Kennedy (RI) Ramstad question is on the passage of the bill. tainable agriculture programs. Programs like Doggett Kennelly Rangel Pursuant to clause 7 of rule XV, the Dooley Kildee Reed the small ruminants collaborative research Dornan Kim Regula support program at the University of California, yeas and nays are ordered. Doyle King Richardson Davis, promote sustainable agriculture in the The vote was taken by electronic de- Dreier Kingston Riggs developing world in the conjunction with the vice and there were—yeas 366, nays 57, Dunn Kleczka Rivers Durbin Klink Roberts U.S. system of land grant colleges and univer- not voting 11, as follows: June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6159 Ros-Lehtinen Smith (NJ) Vento House resolved into the Committee of the Agriculture, Rural Development, Food Rose Smith (TX) Visclosky Whole House on the state of the Union for and Drug Administration and related Roth Smith (WA) Vucanovich consideration of the bill (H.R. 3603) making Roukema Souder Walker agencies appropriations bill for fiscal appropriations for Agriculture, Rural Devel- Roybal-Allard Spence Walsh year 1997. opment, Food and Drug Administration, and Royce Spratt Wamp The rule provides for 1 hour of gen- Rush Stearns Ward Related Agencies programs for the fiscal Sabo Stenholm Waters year ending September 30, 1997, and for other eral debate divided equally between the Salmon Stockman Watt (NC) purposes. The first reading of the bill shall chairman and ranking minority mem- Sanford Stokes Watts (OK) be dispensed with. Points of order against ber of the Committee on Appropria- Sawyer Stupak Waxman consideration of the bill for failure to com- tions. Saxton Talent Weldon (FL) Scarborough Tate Weldon (PA) ply with clause 2(l)(6) of rule XI, clause 7 of The rule waives clause 2(l)(6) of rule Schaefer Tauzin Weller rule XXI, or section 302(c) of the Congres- 11, clause 7 of rule 21, or section 302(c) Schumer Taylor (NC) White sional Budget Act of 1974 are waived. General of the Budget Act against consider- Scott Tejeda Wicker debate shall be confined to the bill and shall ation of the bill. The rule also waives Seastrand Thomas Williams not exceed one hour equally divided and con- Serrano Thompson Wilson trolled by the chairman and ranking minor- clause 2 of rule 21—which prohibits un- Shadegg Thornberry Wise ity member of the Committee on Appropria- authorized appropriations and legisla- Shaw Thornton Wolf tion on an appropriations bill—and Shays Thurman Woolsey tions. After general debate the bill shall be Sisisky Tiahrt Wynn considered for amendment under the five- waives clause 6 of rule 21—which pro- Skaggs Torkildsen Yates minute rule. Points of order against provi- hibits reappropriating unexpended bal- Skeen Torres Young (AK) sions in the bill for failure to comply with ances of appropriations in general ap- Skelton Torricelli Zeliff clause 2 or 6 of rule XXI are waived. During propriations bills—against provisions Slaughter Towns Zimmer consideration of the bill for amendment, the Smith (MI) Upton of the bill. Chairman of the Committee of the Whole Under the conditions of House Reso- NAYS—57 may accord priority in recognition on the basis of whether the Member offering an lution 451, after the reading of the final Barrett (NE) Hall (TX) Quillen lines of the bill, a motion to rise, if of- Beilenson Hancock Rahall amendment has caused it to be printed in the Bunning Hansen Roemer portion of the Congressional Record des- fered by the majority leader or his des- Campbell Hefley Rogers ignated for that purpose in clause 6 of rule ignee, will have precedence over a mo- Chenoweth Herger Rohrabacher XXIII. Amendments so printed shall be con- tion to amend. Coburn Jacobs Sanders sidered as read. The Chairman of the Com- Mr. Speaker, this rule continues two Combest Jones Schroeder mittee of the Whole may postpone until a Condit Laughlin Sensenbrenner new approaches on appropriations bills time during further consideration in the Conyers Lucas Shuster that were implemented during last Committee of the Whole a request for a re- Cooley McDermott Solomon year’s appropriations process. First, Danner Meyers Stark corded vote on any amendment. The Chair- DeFazio Miller (CA) Stump man of the Committee of the Whole may re- the rule accords priority in recognition Doolittle Minge Tanner duce to not less than five minutes the time to Members who have preprinted their Duncan Mollohan Taylor (MS) for voting by electronic device on any post- amendments in the CONGRESSIONAL Ehlers Montgomery Traficant poned question that immediately follows an- RECORD. The rule does not require pre- Everett Neumann Velazquez Fattah Oberstar Volkmer other vote by electronic device without in- printing, but simply encourages Mem- Foglietta Payne (NJ) Whitfield tervening business, provided that the time bers to take advantage of the option in Gutknecht Pombo Young (FL) for voting by electronic device on the first in order to facilitate consideration of any series of questions shall be not less than NOT VOTING—11 fifteen minutes. After the reading of the amendments on the House floor and to Bateman Harman Radanovich final lines of the bill, a motion that the Com- inform Members of the details of pend- Calvert Hastings (FL) Schiff mittee of the Whole rise and report the bill ing amendments. Deutsch Lincoln Studds to the House with such amendments as may Second, House Resolution 451 pro- Gibbons McDade have been adopted shall, if offered by the vides that the Chairman of the Com- b 1546 majority leader or a designee, have prece- mittee of the Whole may postpone re- dence over a motion to amend. At the con- corded votes on any amendment and Mr. HEFLEY changed his vote from clusion of consideration of the bill for that the Chairman may reduce voting ‘‘yea’’ to ‘‘nay.’’ amendment the Committee shall rise and re- time on postponed questions to 5 min- So the bill was passed. port to the House with such amendments as utes, provided that the vote imme- The result of the vote was announced may have been adopted. The previous ques- diately follow another recorded vote as above recorded. tion shall be considered as ordered on the and that the voting time on the first in A motion to reconsider was laid on bill and amendments thereto to final passage without intervening motion except one mo- a series of votes is not less than 15 min- the table. tion to recommit with or without instruc- utes. This will provide a more definite f tions. voting schedule for all Members and SEC. 2. During consideration of H.R. 3603 hopefully will help guarantee the time- PERSONAL EXPLANATION pursuant to the first section of this resolu- tion, the appropriate allocation of new dis- ly completion of the appropriations Mr. DEUTSCH. Mr. Speaker, I missed two bills. rollcall votes earlier today because I was un- cretionary budget authority within the meaning of section 302(f)(1) of the Congres- House Resolution 451 also provides avoidably detained. Had I been present, I sional Budget Act of 1974 shall be for one motion to recommit, with or would have voted ``no'' on rollcall vote No. 227 $12,802,000,000. The corresponding level of without instructions, as is the right of and ``yes'' on rollcall vote No. 228. budget outlays shall be $13,349,000,000. the minority Members of the House. f The SPEAKER pro tempore (Mr. Finally, in section 2 of the rule, House HEFLEY). The gentleman from Georgia Resolution 451 provides that the sec- PROVIDING FOR CONSIDERATION is recognized for 1 hour. tion 602(b) allocations in the budget OF H.R. 3603, AGRICULTURE, Mr. LINDER. Mr. Speaker, for the resolution conference report will be in RURAL DEVELOPMENT, FOOD purpose of debate only, I yield the cus- effect for the consideration of this leg- AND DRUG ADMINISTRATION, tomary 30 minutes to the gentleman islation. AND RELATED AGENCIES APPRO- from Ohio [Mr. HALL], pending which I Mr. Speaker, House Resolution 451 is PRIATIONS ACT, 1997 yield myself such time as I may a typical open rule to be considered for Mr. LINDER. Mr. Speaker, by direc- consume. During consideration of this general appropriations bills. This rule tion of the Committee on Rules, I call resolution, all time yielded is for the does not restrict the normal open up House Resolution 451 and ask for its purpose of debate only. amending process in any way and any immediate consideration. (Mr. LINDER asked and was given amendments that comply with the The Clerk read the resolution, as fol- permission to revise and extend his re- standing rules of the House may be of- lows: marks and include extraneous mate- fered for consideration. I know of a H. RES. 451 rial.) number of Members who wish to mod- Resolved, That at any time after the adop- Mr. LINDER. Mr. Speaker, House ify the bill through the amendment tion of this resolution the Speaker may, pur- Resolution 451 is an open rule provid- process, and I look forward to a thor- suant to clause 1(b) of rule XXIII, declare the ing for consideration of H.R. 3603, the ough debate on those measures. While H6160 CONGRESSIONAL RECORD — HOUSE June 11, 1996 a vast number of amendments is not stamp program, and $7.41 billion for ag- we now face after decades of fiscal irre- expected, the rule permits those Mem- ricultural programs. It is also impor- sponsibility, H.R. 3603 effectively funds bers who have amendments every op- tant to note that the appropriations programs for food safety, human nutri- portunity to offer them. and authorizing committees provided tion, rural development, environ- H.R. 3603 appropriates a total of $53 full freedom to farm contract funding. mental conservation and agricultural million, which is $10.3 billion less than I also wish to note that, under title 6 research. In terms of our agricultural was appropriated last year and is $5.8 funding for the Food and Drug Admin- base, we must assure the well-being of billion less than the amount requested istration, the Appropriations Commit- our farmers, the health and nutrition by the President. The Appropriations tee has redirected funds from program of our citizens and the state of the en- Committee has once again had to bal- management to assist with the medical vironment. This bill responsibly main- ance a wide array of interests and device approval process. For some tains functions that are crucial to the make tough choices with scarce re- time, the FDA has not met its dead- health and safety of the American sources. lines for approval of some food additive consumer and the future success of this Specifically, the bill provides $8.7 bil- petitions, drugs and medical devices Nation’s farming communities. lion for child nutrition programs which and I hope that we have sent the mes- H.R. 3603 was favorably reported out is $706 million more than last year and sage that this Congress expects the of the Committee on Appropriations, as $3.7 billion in funding for the special FDA to meet their statutory approval was the open rule by the Rules Com- supplemental nutrition program for requirements. mittee. I urge my colleagues to support women, infants, and children. It also As we work to get our fiscal house in the rule so that we may proceed with provides $768 million for conservation order, we must ensure that all funding general debate and consideration of the programs, $1.87 billion for rural eco- is spent efficiently and where it is merits of the bill. nomic and community development needed most. This bill achieves this Mr. Speaker, I submit the following programs, $27.6 billion for the food goal. Notwithstanding the constraints material for the RECORD: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of June 10, 1996]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 72 59 Structured/Modified Closed 3 ...... 49 47 33 27 Closed 4 ...... 9 9 17 14 Total ...... 104 100 122 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A structured or modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of June 10, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–199; A: 227–197 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6161 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of June 10, 1996]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 249–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands ...... PQ: 221–197 A: voice vote (5/15/96). H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President ...... PQ: 230–188 A: 229–189 (12/19/95). H. Res. 313 (12/19/95) ...... O ...... H.R. 558 ...... Texas Low-Level Radioactive ...... A: voice vote (12/20/95). H. Res. 323 (12/21/95) ...... C ...... H.R. 2677 ...... Natl. Parks & Wildlife Refuge ...... Tabled (2/28/96). H. Res. 366 (2/27/96) ...... MC ...... H.R. 2854 ...... Farm Bill ...... PQ: 228–182 A: 244–168 (2/28/96). H. Res. 368 (2/28/96) ...... O ...... H.R. 994 ...... Small Business Growth ...... Tabled (4/17/96). H. Res. 371 (3/6/96) ...... C ...... H.R. 3021 ...... Debt Limit Increase ...... A: voice vote (3/7/96). H. Res. 372 (3/6/96) ...... MC ...... H.R. 3019 ...... Cont. Approps. FY 1996 ...... PQ: voice vote A: 235–175 (3/7/96). H. Res. 380 (3/12/96) ...... C ...... H.R. 2703 ...... Effective Death Penalty ...... A: 251–157 (3/13/96). H. Res. 384 (3/14/96) ...... MC ...... H.R. 2202 ...... Immigration ...... PQ: 233–152 A: voice vote (3/19/96). H. Res. 386 (3/20/96) ...... C ...... H.J. Res. 165 ...... Further Cont. Approps ...... PQ: 234–187 A: 237–183 (3/21/96). H. Res. 388 (3/21/96) ...... C ...... H.R. 125 ...... Gun Crime Enforcement ...... A: 244–166 (3/22/96). H. Res. 391 (3/27/96) ...... C ...... H.R. 3136 ...... Contract w/America Advancement ...... PQ: 232–180 A: 232–177, (3/28/96). H. Res. 392 (3/27/96) ...... MC ...... H.R. 3103 ...... Health Coverage Affordability ...... PQ: 229–186 A: Voice Vote (3/29/96). H. Res. 395 (3/29/96) ...... MC ...... H.J. Res. 159 ...... Tax Limitation Const. Amdmt...... PQ: 232–168 A: 234–162 (4/15/96). H. Res. 396 (3/29/96) ...... O ...... H.R. 842 ...... Truth in Budgeting Act ...... A: voice vote (4/17/96). H. Res. 409 (4/23/96) ...... O ...... H.R. 2715 ...... Paperwork Elimination Act ...... A: voice vote (4/24/96). H. Res. 410 (4/23/96) ...... O ...... H.R. 1675 ...... Natl. Wildlife Refuge ...... A: voice vote (4/24/96). H. Res. 411 (4/23/96) ...... C ...... H.J. Res. 175 ...... Further Cont. Approps. FY 1996 ...... A: voice vote (4/24/96). H. Res. 418 (4/30/96) ...... O ...... H.R. 2641 ...... U.S. Marshals Service ...... PQ: 219–203 A: voice vote (5/1/96). H. Res. 419 (4/30/96) ...... O ...... H.R. 2149 ...... Ocean Shipping Reform ...... A: 422–0 (5/1/96). H. Res. 421 (5/2/96) ...... O ...... H.R. 2974 ...... Crimes Against Children & Elderly ...... A: voice vote (5/7/96). H. Res. 422 (5/2/96) ...... O ...... H.R. 3120 ...... Witness & Jury Tampering ...... A: voice vote (5/7/96). H. Res. 426 (5/7/96) ...... O ...... H.R. 2406 ...... U.S. Housing Act of 1996 ...... PQ: 218–208 A: voice vote (5/8/96). H. Res. 427 (5/7/96) ...... O ...... H.R. 3322 ...... Omnibus Civilian Science Auth ...... A: voice vote (5/9/96). H. Res. 428 (5/7/96) ...... MC ...... H.R. 3286 ...... Adoption Promotion & Stability ...... A: voice vote (5/9/96). H. Res. 430 (5/9/96) ...... S ...... H.R. 3230 ...... DoD Auth. FY 1997 ...... A: 235–149 (5/10/96). H. Res. 435 (5/15/96) ...... MC ...... H. Con. Res. 178 ...... Con. Res. on the Budget, 1997 ...... PQ: 227–196 A: voice vote (5/16/96). H. Res. 436 (5/16/96) ...... C ...... H.R. 3415 ...... Repeal 4.3 cent fuel tax ...... PQ: 221–181 A: voice vote (5/21/96). H. Res. 437 (5/16/96) ...... MO ...... H.R. 3259 ...... Intell. Auth. FY 1997 ...... A: voice vote (5/21/96). H. Res. 438 (5/16/96) ...... MC ...... H.R. 3144 ...... Defend America Act ...... H. Res. 440 (5/21/96) ...... MC ...... H.R. 3448 ...... Small Bus. Job Protection ...... A: 219–211 (5/22/96). MC ...... H.R. 1227 ...... Employee Commuting Flexibility ...... H. Res. 442 (5/29/96) ...... O ...... H.R. 3517 ...... Mil. Const. Approps. FY 1997 ...... A: voice vote (5/30/96). H. Res. 445 (5/30/96) ...... O ...... H.R. 3540 ...... For. Ops. Approps. FY 1997 ...... A: voice vote (6/5/96). H. Res. 446 (6/5/96) ...... MC ...... H.R. 3562 ...... WI Works Waiver Approval ...... A: 363–59 (6/6/96). H. Res. 448 (6/6/96) ...... MC ...... H.R. 2754 ...... Shipbuilding Trade Agreement ...... H. Res. 450 (6/10/96) ...... O ...... H.R. 3603 ...... Agriculture Appropriations, FY 1997 ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; S/C-structured/closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. LINDER. Mr. Speaker, I reserve controlled by the chairman and rank- With the greatest agricultural pro- the balance of my time. ing minority member of the Committee ductivity in the world, the United Mr. HALL of Ohio. Mr. Speaker, I on Appropriations. States is the best positioned nation to yield myself such time as I may Under this rule, germane amend- provide international food aid. How- consume and I thank my colleague ments will be allowed under the 5- ever, since 1993, the quantity of U.S. from Georgia, Mr. LINDER, for yielding minute rule, the normal amending food shipped to hungry people of the me the time. process in the House. All Members, on world has already been cut in half. As (Mr. HALL of Ohio asked and was both sides of the aisle, will have the op- the United States has backed away given permission to revise and extend portunity to offer amendments. from its responsibility, so have other his remarks and include extraneous donor nations. material.) The Rules Committee reported the Mr. HALL of Ohio. Mr. Speaker, rule by a voice vote. The committee approved the Presi- House Resolution 451 is an open rule I recognize that the Appropriations dent’s request of $837 million for this which will allow full and fair debate on Committee was forced to make dif- program, which is an increase of $16 H.R. 3603, a bill appropriating $52.7 bil- ficult choices in allocating a shrinking million over last year’s level. However, lion in fiscal year 1997 for agriculture, pie. However, I am disturbed with the because grain price increases exceed rural development, Food and Drug Ad- levels appropriated under title II of the funding increase, the result will se- ministration, and related agencies. Public Law 480 Food for Peace Program verely erode the purchasing power of As my colleague from Georgia has de- which provides American-grown food to Food for Peace and drive down to scribed, this rule provides 1 hour of foreign countries to combat hunger and record lows the amount of food that we general debate, equally divided and malnutrition. send to poor countries. H6162 CONGRESSIONAL RECORD — HOUSE June 11, 1996 The money in this bill for title II will Mr. Speaker, I am disappointed that It is through open rules that we pro- only purchase an estimated 1.8 million I will not have an opportunity to offer vide this opportunity to those Members metric tons, falling well short of the my amendment. I will continue to look who do not sit on the Appropriations 2.25 million metric ton minimum floor for a way to at least maintain the Committee, and I am pleased to note level authorized in the 1995 farm bill. amount of food aid we give to poor that our record for rules on appropria- This represents a meager 23 percent of countries because I believe that we tions bills this year is 100 percent open. the amount shipped only 4 years ear- have a moral responsibility as a world Mr. Speaker, this Congress’ record on lier. leader, because I believe that our Food restoring fiscal responsibility is also I want to stress that the money is for Peace Program helps American impressive. It is hard to believe that used to purchase American-grown com- farmers and has the support of the just 2 years ago our congressional modities. Thus, this program has a di- American people, and because I know budgets never sought to reach bal- rect benefit to our own farmers, proc- this program means the difference be- ance—now we are on a glidepath to bal- essors, shippers, ports, baggers, for- tween life and death for millions of ance the budget by 2002. It hasn’t been tifiers, and workers. people. easy to do; we’ve met with strong re- The prospect of any further cuts in Unless more funds can be added to sistance from the White House and oth- U.S. food assistance is especially this account, the United States will be ers, but we have persisted and I ap- alarming in light of recent reports unable to respond to food emergencies plaud Chairman LIVINGSTON and the from the Department of Agriculture around the globe and many could die. Appropriations Committee for having and the U.N.’s Food and Agriculture Our Nation has the power to avert this the strength and the courage to stay Organization that point to a looming tragedy. the course. Of course, there will always gap between food needs and supplies. I am frustrated that we refuse to use be areas of disagreement over specific Conditions in Africa are especially that power to save lives. issues, and the bill before us today— alarming, with an estimated 22 million b the agriculture appropriations bill— people facing a food emergency and 9 1600 has its share of controversial provi- million at risk of malnutrition in east Mr. Speaker, I reserve the balance of sions. Under this open rule, I look for- Africa alone. my time. During the Rules Committee consid- Mr. LINDER. Mr. Speaker, I yield 2 ward to a full debate on all of these im- eration of this bill, I requested a waiv- minutes to the gentleman from Florida portant spending decisions. I urge my colleagues to support this rule. er to offer an amendment that would [Mr. GOSS], a colleague on the Commit- have permitted a transfer of money tee on Rules. Mr. HALL of Ohio. Mr. Speaker, I from the Export Enhancement Pro- (Mr. GOSS asked and was given per- yield myself such time as I may gram to the Food for Peace Program at mission to revise and extend his re- consume to say that at the beginning the discretion of the Agriculture Sec- marks.) of this Congress the Republican major- retary. My proposed amendment was Mr. GOSS. Mr. Speaker, I thank my ity claimed the House was going to similar to a provision in the farm bill friend from Tucker, GA, for yielding consider bills under an open process, that was adopted on the House floor me this time. I rise in strong support of and I would like to point out that 65 last year, but that was later dropped in this fair and open rule. When it comes percent of the legislation this session conference. The amendment would not to the core congressional responsibility has been considered under a restrictive require any program to be cut. How- of spending, and savings, Americans’ process, and I include for the RECORD ever, the committee rejected my re- tax dollars, it is vital that all Members information regarding same. quest. have the opportunity for direct input. The information referred to follows: FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive ...... N/A. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive ...... N/A. H.R. 101 ...... To transfer a parcel of land to the Taos Pueblo Indians of New Mex- H. Res. 51 Open ...... N/A. ico. H.R. 400 ...... To provide for the exchange of lands within Gates of the Arctic Na- H. Res. 52 Open ...... N/A. tional Park Preserve. H.R. 440 ...... To provide for the conveyance of lands to certain individuals in H. Res. 53 Open ...... N/A. Butte County, California. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 63 Open ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive ...... 1D. Employed. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive ...... 1D. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive ...... 1D. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive ...... 8D; 7R. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive ...... N/A. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive ...... 1D; 3R H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive ...... 5D; 26R. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive ...... 1D. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive ...... 1D. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open ...... N/A. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open ...... N/A. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive ...... 3D; 1R. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive ...... N/A. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6163 FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1530 ...... National Defense Authorization Act; FY 1996 ...... H. Res. 164 Restrictive ...... 36R; 18D; 2 Bipartisan. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open ...... N/A. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive ...... 5R; 4D; 2 Bipartisan. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open ...... N/A. H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open ...... N/A. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed ...... N/A. the Physical Desecration of the American Flag. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive ...... N/A. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive ...... N/A. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open ...... N/A. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open ...... N/A. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open ...... N/A. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive ...... N/A. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open ...... N/A. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive ...... N/A. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open ...... N/A. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open ...... N/A. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open ...... N/A. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open ...... N/A. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive ...... 1D. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open ...... N/A. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive ...... 2R/3D/3 Bi- partisan. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open ...... N/A. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive ...... N/A. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open ...... N/A. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open ...... N/A. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open ...... N/A. grams Act (CAREERS). H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open ...... N/A. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive ...... 2R/2D. H.R. 743 ...... The Teamwork for Employees and Managers Act of 1995 ...... H. Res. 226 Open ...... N/A. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open ...... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open ...... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed ...... H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open ...... N/A. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive ...... 1D. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive ...... 1D. H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive ...... 1D. H. Con. Res. 109 ...... Reform. H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive ...... N/A. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed ...... N/A. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive ...... 5R. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed ...... N/A. H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed ...... N/A. H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed ...... 2R. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open ...... N/A. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive ...... N/A. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open ...... N/A. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open ...... N/A. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed ...... N/A. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open ...... N/A. H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed ...... 1D; 2R. to U.S. Troop Deployments in Bosnia. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed ...... N/A. H.R. 558 ...... Texas Low-Level Radioactive Waste Disposal Compact Consent Act ... H. Res. 313 Open ...... N/A. H.R. 2677 ...... The National Parks and National Wildlife Refuge Systems Freedom H. Res. 323 Closed ...... N/A. Act of 1995. PROCEDURE IN THE 104TH CONGRESS 2D SESSION H.R. 1643 ...... To authorize the extension of nondiscriminatory treatment (MFN) to H. Res. 334 Closed ...... N/A. the products of Bulgaria. H.J. Res. 134 ...... Making continuing appropriations/establishing procedures making H. Res. 336 Closed ...... N/A. H. Con. Res. 131 ...... the transmission of the continuing resolution H.J. Res. 134. H.R. 1358 ...... Conveyance of National Marine Fisheries Service Laboratory at H. Res. 338 Closed ...... N/A. Gloucester, Massachusetts. H.R. 2924 ...... Social Security Guarantee Act ...... H. Res. 355 Closed ...... N/A. H.R. 2854 ...... The Agricultural Market Transition Program ...... H. Res. 366 Restrictive ...... 5D; 9R; 2 Bipartisan. H.R. 994 ...... Regulatory Sunset & Review Act of 1995 ...... H. Res. 368 Open rule; Rule tabled ...... N/A. H.R. 3021 ...... To Guarantee the Continuing Full Investment of Social Security and H. Res. 371 Closed rule ...... N/A. Other Federal Funds in Obligations of the United States. H.R. 3019 ...... A Further Downpayment Toward a Balanced Budget ...... H. Res. 372 Restrictive ...... 2D/2R. H.R. 2703 ...... The Effective Death Penalty and Public Safety Act of 1996 ...... H. Res. 380 Restrictive ...... 6D; 7R; 4 Bipartisan. H.R. 2202 ...... The Immigration and National Interest Act of 1995 ...... H. Res. 384 Restrictive ...... 12D; 19R; 1 Bipartisan. H.J. Res. 165 ...... Making further continuing appropriations for FY 1996 ...... H. Res. 386 Closed ...... N/A. H.R. 125 ...... The Gun Crime Enforcement and Second Amendment Restoration Act H. Res. 388 Closed ...... N/A. of 1996. H.R. 3136 ...... The Contract With America Advancement Act of 1996 ...... H. Res. 391 Closed ...... N/A. H.R. 3103 ...... The Health Coverage Availability and Affordability Act of 1996 ...... H. Res. 392 Restrictive ...... N/A. H.J. Res. 159 ...... Tax Limitation Constitutional Amendment ...... H. Res. 395 Restrictive ...... 1D H.R. 842 ...... Truth in Budgeting Act ...... H. Res. 396 Open ...... N/A. H.R. 2715 ...... Paperwork Elimination Act of 1996 ...... H. Res. 409 Open ...... N/A. H.R. 1675 ...... National Wildlife Refuge Improvement Act of 1995 ...... H. Res. 410 Open ...... N/A. H.J. Res. 175 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 411 Closed ...... N/A. H.R. 2641 ...... United States Marshals Service Improvement Act of 1996 ...... H. Res. 418 Open ...... N/A. H.R. 2149 ...... The Ocean Shipping Reform Act ...... H. Res. 419 Open ...... N/A. H.R. 2974 ...... To amend the Violent Crime Control and Law Enforcement Act of H. Res. 421 Open ...... N/A. 1994 to provide enhanced penalties for crimes against elderly and child victims. H.R. 3120 ...... To amend Title 18, United States Code, with respect to witness re- H. Res. 422 Open ...... N/A. taliation, witness tampering and jury tampering. H.R. 2406 ...... The United States Housing Act of 1996 ...... H. Res. 426 Open ...... N/A. H.R. 3322 ...... Omnibus Civilian Science Authorization Act of 1996 ...... H. Res. 427 Open ...... N/A. H.R. 3286 ...... The Adoption Promotion and Stability Act of 1996 ...... H. Res. 428 Restrictive ...... 1D; 1R. H.R. 3230 ...... Defense Authorization Bill FY 1997 ...... H. Res. 430 Restrictive ...... 41 amends; 20D; 17R; 4 bipartisan H.R. 3415 ...... Repeal of the 4.3-Cent Increase in Transporation Fuel Taxes ...... H. Res. 436 Closed ...... N/A. H.R. 3259 ...... Intelligence Authorization Act for FY 1997 ...... H. Res. 437 Restrictive ...... N/A. H.R. 3144 ...... The Defend America Act ...... H. Res. 438 Restrictive ...... 1D. H.R. 3448/H.R. 1227 ...... The Small Business Job Protection Act of 1996, and The Employee H. Res. 440 Restrictive ...... 2R. Commuting Flexibility Act of 1996. H6164 CONGRESSIONAL RECORD — HOUSE June 11, 1996 FLOOR PROCEDURE IN THE 104TH CONGRESS 1ST SESSION; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 3517 ...... Military Construction Appropriations FY 1997 ...... H. Res. 442 Open ...... N/A. H.R. 3540 ...... Foreign Operations Appropriations FY 1997 ...... H. Res. 445 Open ...... N/A. H.R. 3562 ...... The Wisconsin Works Waiver Approval Act ...... H. Res. 446 Restrictive ...... N/A. H.R. 2754 ...... Shipbuilding Trade Agreement Act ...... H. Res. 448 Restrictive ...... 1R. H.R. 3603 ...... Agriculture Appropriations FY 1997 ...... H. Res. 451 Open ...... N/A. * Contract Bills, 67% restrictive; 33% open. ** All legislation 1st Session, 53% restrictive; 47% open. *** All legislation 2d Session, 65% restrictive; 35% open. **** All legislation 104th Congress, 57% restrictive; 43% open. ******* Restrictive rules are those which limit the number of amendments which can be offered, and include so-called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103d Congress. N/A means not available.

Mr. LINDER. Mr. Speaker, I yield H.R. 3603, a bill making appropriations reflect the reality of the recently back the balance of my time and I for fiscal year 1997 for Agriculture, passed farm bill. move the previous question on the res- Rural Development, Food and Drug Ad- Mr. Chairman, I would like now to olution. ministration and Related Agencies. summarize some of the major spending The previous question was ordered. This bill is the product of 15 days of and saving elements of the bill. The resolution was agreed to. hearings conducted in March and April. The reorganizing and streamlining of A motion to reconsider was laid on We have published seven volumes of the Department of Agriculture, which the table. hearing records totaling 5,775 pages, began in the Bush administration, con- f with all the budget presentations and tinues. Some 43 agencies have been re- duced to 29, and the work force has GENERAL LEAVE the full testimony of 304 witnesses in- cluding 19 Members of Congress. been reduced by 10,000 staff years since Mr. SKEEN. Mr. Speaker, I ask unan- Mr. Chairman, the bill was voted out 1993. Our bill reduced Farm Service imous consent that all Members may of the subcommittee unanimously on Agency salaries by more than $48 mil- have 5 legislative days within which to May 30 and from the full committee on lion from fiscal year 1996. revise and extend their remarks on June 6. It was filed on June 7 and the Nearly two-thirds of the USDA budg- H.R. 3603 and that I may include tab- copies of the bill, as amended, and the et is spent on nutrition and feeding ular and extraneous material. report have been available since Mon- programs, mainly mandatory programs The SPEAKER pro tempore (Mr. day morning. such as food stamps and school lunch. HEFLEY). Is there objection to the re- Our original allocation required us to WIC—the Women, Infants and Children quest of the gentleman from New Mex- cut nearly $1 billion in budget author- feeding program—is a discretionary ac- ico? ity from $13 billion in discretionary count but it may be the most impor- There was no objection. spending, a nearly impossible task. tant one we have in our jurisdiction. f However, our allocation situation im- WIC is maintained at last year’s fund- ing level but with a substantial carry- AGRICULTURE, RURAL DEVELOP- proved considerably up to the day of over. Some of this carryover may be di- MENT, FOOD AND DRUG ADMIN- the full committee markup, making rected to other critical programs at the ISTRATION, AND RELATED our situation still difficult but much discretion of the Secretary of Agri- AGENCIES APPROPRIATIONS better than the original one, and for that I want to thank the gentleman culture. ACT, 1996 Child nutrition programs, including from Louisiana, Chairman LIVINGSTON, The SPEAKER pro tempore (Mr. school lunch, school breakfast, and the for his help and his understanding of HEFLEY). Pursuant to House Resolution child and adult food programs are fund- 451 and rule XXIII, the Chair declares our situation. ed at $8.7 billion. the House in the Committee of the Mr. Chairman, I would like to make Spending on rural development has Whole House on the State of the Union clear for the benefit of all my col- been reduced by more than $258 million for the consideration of the bill, H.R. leagues, because we had several inquir- from fiscal year 1996 but we have con- 3603. ies today, that the extra allocation solidated programs and given the ad- The Chair designates the gentleman mentioned in the press this morning is ministration the flexibility it re- already factored in our bill. No extra from Virginia [Mr. GOODLATTE] as quested to better meet the require- Chairman of the Committee of the allocation was given to this sub- ments of each individual State. Whole, and requests the gentleman committee that was not already Before I conclude, Mr. Chairman, I factored into the full committee mark- from Georgia [Mr. LINDER] to assume must say I read with considerable dis- the chair temporarily. up last week. appointment statements in the press The bill totals $52.7 billion in budget b attributed to Secretary Glickman re- 1603 authority, which is $10.4 billion less garding funding levels for rural devel- IN THE COMMITTEE OF THE WHOLE than fiscal year 1996, and $5.8 billion opment. When I met with the Sec- Accordingly the House resolved itself less than the administration requested. retary about a month ago to discuss into the Committee of the Whole House The mandatory spending total in the the Fund for Rural America, he was on the State of the Union for the con- bill is $39.9 billion and the discre- not able to indicate what plans the ad- sideration of the bill (H.R. 3603) mak- tionary is $12.8 billion. ministrations had for this new $100 mil- ing appropriations for Agriculture, This bill meets our targets for both lion program, even though he person- Rural Development, Food and Drug Ad- budget authority and outlays. In dis- ally lobbied for its inclusion in the ministration, and Related Agencies cretionary spending the bill reduces Farm Bill 3 months earlier. The admin- programs for the fiscal year ending the budget authority by $509 million istration also continues to ignore the September 30, 1997, and for other pur- and outlays by $228 million from fiscal serious problem for loan programs poses with Mr. LINDER (Chairman pro year 1996. caused by the rise of interest rates. tempore) in the chair. Our priorities for funding this year, I Furthermore, the subcommittee was The Clerk read the title of the bill. think, are shared by most Members of told back in February that an addi- The CHAIRMAN pro tempore. Pursu- the House, regardless of party. They tional $36 million would be transferred ant to the rule, the bill is considered as are nutrition, food safety, research, from WIC carryover funds into rural having been read the first time. rural development and the mainte- and water and sewer programs, which Under the rule, the gentleman from nance of programs that keep American the administration claims he is a very New Mexico [Mr. SKEEN] and the gen- agriculture strong and progressive. high priority with them. This author- tleman from Illinois [Mr. DURBIN] will Like all the appropriations sub- ity was given to USDA in the fiscal each be recognized for 30 minutes. committees, we were severely ham- year 1996 appropriations bill and, as of The Chair recognizes the gentleman pered by the very late arrival of th Ad- last week, those funds have still not from New Mexico [Mr. SKEEN] ministration’s budget, and complicat- been transferred. Mr. SKEEN. Mr. Chairman, I am ing our task was the fact that the Ad- I would strongly suggest to the Sec- pleased to bring before the House today ministration budget proposal did not retary, with the best of intention, that June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6165 the best use of time and resources at and I want to thank the gentleman for there is a general feeling that we must USDA is in planning and executing ac- recognizing me to claim the other return and make sure that is done. tual projects that benefit rural Amer- side’s opening time. Mr. Chairman, let me speak about ica and not in the issuing of vague I would like to salute first my col- several other items in the bill that I press releases and endless bureaucratic league from New Mexico for a fine job think are important. under very difficult circumstances. turf battles. b 1615 Mr. Chairman, I would like to thank Mr. Chairman, we all know we are se- all the members of the subcommittee rious about budget deficit reduction, Agriculture research is often over- and their staffs for their help on this and as we have learned many years ago looked by people. We have colleagues bill, and they have all made substan- in the Committee on Appropriations, of ours on the floor of the House who tial contributions. To my Republican we deal in the reality of limited funds like to stand at these microphones and friends, the gentleman from Indiana, and unlimited needs. Our subcommit- giggle about the names of some of JOHN MYERS, the gentleman from New tee, like so many others, has tried to these ag research projects. The Pink York, JIM WALSH, the gentleman from fairly balance those two opposing situ- Bull Work project, they giggle. The Arkansas, JAY DICKEY, the gentleman ations. I think we have done a good Boll Weevil Eradication project. The from Georgia, JACK KINGSTON, the gen- job, although I will say there are some Screw Worm project, and their sides tleman from California, FRANK RIGGS, parts of it that I would like to have are bursting as they laugh about the the gentleman from Washington, seen us do a little better job on. names of these projects. GEORGE NETHERCUTT, and the gen- Most people, when they hear the Little do they know that the critical tleman from Louisiana, our full com- budget for the U.S. Department of Ag- research that is being done in these riculture, think in terms of farmers mittee chairman, BOB LIVINGSTON. And areas is absolutely essential, not only to my Democratic friends, the gen- and ranchers and do not think about for the farmers and ranchers involved, the other major responsibilities of the tleman from Wisconsin, DAVE OBEY, but for consumers and environmental- the distinguished ranking member of department. ists. Our efforts to eradicate pests that The gentleman from New Mexico [Mr. the committee, the gentleman from Il- attack cotton in America are essential SKEEN] properly noted the responsibil- linois, DICK DURBIN, who is ranking on because that is one of the crops that ity of this department in the area of the subcommittee, the gentlewoman uses so many ag chemicals. As we find nutrition. One of the programs that I from Ohio, MARCY KAPTUR, the gen- ways to reduce the pests assaulting have focused on in my tenure in the cotton, we reduce the need for the use tleman from Arkansas, RAY THORNTON, House of Representatives, serving on the gentlewoman from New York, NITA of ag chemicals and potential danger the subcommittee, is the WIC Program, from runoff. LOWEY, and the gentleman from Cali- the supplemental feeding program for fornia, VIC FAZIO. I would also like to So I hope that some of my friends, women infants and children. It is a pro- particularly from the city, who like to commend the staff, headed by Mr. Tim gram which is designed to help low-in- Sanders, with Carol Murphy and John get a good belly laugh over some of come mothers during their pregnancy these ag research programs would be Ziolkowski, and also the USDA and, after they have given birth, to detailee, Martin Delgado, and my own honest enough to take the time, as I raise healthy children. have, to understand how important personal member of that committee, I happen to think it is one of the sin- Mr. Jaime Castillo. these programs are. gle most important investments that Mr. Chairman, I am sorry that we Mr. Chairman and Members of the U.S. taxpayers make. This program lit- House, this bill supports programs that have had to cut back on ag research. It erally reaches and helps 40 percent, 40 is an area where we should be spending benefit every one of your constituents percent of the infants in America. We our money and our investment. every day. It has nutrition programs are talking about a program that is es- I have to commend the chairman for for the young and the elderly, con- sential to make certain that babies are the $30 million additional in the Food servation programs that not only pro- born strong, healthy, with a fighting Safety and Inspection Service. Each of tect farmland but protect the water- chance to become productive citizens. sheds that provide drinking water to This program, through the U.S. De- us in America takes for granted the our cities, food safety inspection, drug partment of Agriculture, is a Godsend safety of meat and poultry and fish and and medical device programs for every in many parts of America where, other- food products that we buy at the gro- American consumer, and trade and wise, pregnant mothers would go with- cery store. If we travel to a Third rural development programs that sup- out this assistance, counseling, and nu- World country, we not only worry port millions of jobs in rural and urban tritional advice, and the basic food- about the purity of the drinking water areas. stuffs that feed them during their preg- and the safety, but also the safety of We have met our balanced budget ob- nancies. And children, of course, new the food that is being served to us. Has ligations and we have done our best to to the world, in those formative it been cooked long enough to be safe meet the needs of food and fiber pro- months, need the very best. This pro- to eat? ducers, consumers, public health and gram was worked to make sure this That is usually not a concern in the safety in rural America. It is a biparti- happens. United States because we have a good san bill to which Member on both sides Mr. Chairman, I am happy my col- Food Safety and Inspection Service. of the aisle have made a contribution. league from New Mexico shares my We are in the process of making it dra- Mr. Chairman, last year we were dedication to this program. It should matically better by moving to new given strong bipartisan support for the be bipartisan. It is a bipartisan pro- technological ways to measure the dan- bill as passed by the House and the gram. I think our goal is to reach some ger to consumers and to go after them. conference report. As a result, the bill 7.6 million, I am not certain of the This investment of $30 million will help was signed into law quickly after pas- exact figures as I stand here, by the us reach that goal so that the hundreds sage, and not one day, I repeat, not one end of this next fiscal year. And I hope and sometimes thousands of Americans day was lost in providing your con- we can do that in a bipartisan fashion. who suffer from food contamination stituents with the important programs We are hopeful that what we have each year will be protected. in this bill. There was no shutdown in done in this bill will provide the nec- The cutback in funds for soil and agriculture. essary funds for WIC to meet its goal of water conservation is hurtful, and I This bill deserves that same kind of enrollment. I think the subcommittee hope that we can revisit this at some support and treatment again this year, has spoken informally, and we should time in the future to restore some of and I respectfully ask for my col- put on the record here our commit- these funds. It is an essential part of leagues’ help and their vote on final ment to return, if necessary, and ask any effort to keep the environment passage. for additional funds, if needed, to make clean, and I can tell my colleagues that Mr. Chairman, I reserve the balance sure the WIC Program is not under- our friends who live in rural areas are of my time. funded. I hope that it is not. anxious to be part of that partnership. Mr. DURBIN. Mr. Chairman, I yield I believe we have taken care of them, These are families that live on farms myself such time as I may consume, and if that is not the case, then I think and drink the water out of wells a few H6166 CONGRESSIONAL RECORD — HOUSE June 11, 1996 hundred feet away from the crops that their crops and their grain into later committee and this House. He is a wor- are being planted. They want their this year, made a profit. But they have thy and will be a worthy successor to water safe in the wells around the been able to make a profit because we PAUL SIMON. He is in that tradition of farms and they do not want the runoff have been able to research to increase clean as well as effective government, to endanger the drinking water of any yields with less costly production, and and he continues that proud tradition other American. we have been finding more uses for ag- that Senator Paul Douglas established I also want to say that the rural de- ricultural products through research. so many years ago. He was Mr. Integ- velopment funds are down in amount, So, Mr. Chairman, this is one area rity. Senator Douglas was also a man up in flexibility. We are going to find that I think we are making a mistake, who understood as much about the way out whether that works; if we give the and it is not the fault of this sub- this economy works as almost anybody department more flexibility in rural committee but it is the fault of the in the history of this Congress. development, whether it is in water or system, that we ought to be making I think the people of Illinois and the sewer development, whether that can more money available for research be- people of America will be served by Mr. overcome a cutback in some funding. cause that is what is going to keep the DURBIN’s service in the other body, When it comes time for budget deficit American farmer in production, keep should the people of Illinois be wise reduction we often have to make that the American farmer on the farm and, enough to elect him to the U.S. Senate, kind of a choice. most importantly, will keep them com- and I am confident they will. This is a good bill. There are parts of petitive in the world. I would also like to take a moment it that I disagree with. That is not un- Much of the world today would like to talk about this bill. It is being usual. There were parts that I dis- to buy foods. Many of the countries brought to the floor by a chairman, the agreed with when I was Chair of this that need it worst do not have the gentleman from New Mexico [Mr. subcommittee. But we have to bring a money to buy from the United States. SKEEN], who everyone understands is a bill to the floor that is an honest com- We have the capacity, thank goodness, legislator’s legislator. He always finds promise to achieve the purpose of this in this country to produce more than a way to try to work out problems in a subcommittee and this appropriation. we use. fair-minded and intelligent way, and he My colleague from New Mexico has So if we can continue the research to has performed in fine, bipartisan tradi- done that. I salute him for it. Though be competitive in the world, giving tion, and I respect that very much. I we may disagree from time to time on farmers the tools that they can enjoy the opportunity to serve in the the floor, our friendship and produce a crop cheaper and therefore same Congress with the gentleman. collegiality are never in jeopardy and be able to sell it cheaper and still stay Mr. Chairman, I would like to make it will not be in the course of this de- in business, this is what we should be just a couple of comments about the bate. doing. This appropriation unfortu- bill itself. Coming from a rural dis- Mr. Chairman, I reserve the balance nately, through no fault of this sub- trict, I regret the fact that the com- of my time. committee, does not do as good a job in mittee could not find a way to provide Mr. SKEEN. Mr. Chairman, I yield research as we would like to do. more support for rural sewer and myself such time as I may consume. Mr. Chairman, I thank the gentleman water. Members have to come from a Mr. Chairman, I thank my friend, the from New Mexico [Mr. SKEEN] for the rural district to understand how impor- gentleman from Illinois [Mr. DURBIN], time, and I thank the staff and every- tant programs like that are. who is leaving this body to go to the one who has worked so hard for this I have many communities in my dis- never-never land of the endless bill. trict that are 200, 300, 400 people; not quorums. I want to say that we cer- Mr. DURBIN. Mr. Chairman, I yield 7 exactly the large metropolitan areas of tainly have had a great relationship. minutes to the gentleman from Wis- this world. I have many, many commu- This is what this is all about. Notwith- consin [Mr. OBEY]. nities, the majority of households from standing party differences, that has Mr. OBEY. Mr. Chairman, the first those communities are headed either been a small item. thing I would like to do is to say some- by women or someone who is retired. Mr. Chairman, it has been a delight thing about the gentleman from Illi- Communities like that do not have the to work with the gentleman when he nois [Mr. DURBIN], who as Members income base, they do not have the was chairman. The gentleman gave me know is serving his last year in this property tax base to meet the environ- the model of what a chairman should House because he has had the bad judg- mental cleanup needs that face so really do and be like, and I appreciate ment to decide he wanted to run for many of those communities. that very much. the U.S. Senate. They really need much more help It is sweet just to be able to return a Mr. Chairman, I think that it is fair than they are getting from both their favor in kind. I want to wish the gen- to say that if people put together any State governments and the Federal tleman well, up to a point. We are not list of the 10 Members of Congress who Government, and I think that we have going to measure that point at all. Mr. they would describe as being the most an obligation to try to find ways to Chairman, he is a great gentleman, honest and the most passionate in provide more help to them because DICK DURBIN, and it was a great pleas- terms of defending the public interest, they are, in essence, when they are ure to serve with him. the gentleman from Illinois [Mr. DUR- faced with environmental cleanup re- Mr. Chairman, I yield 2 minutes to BIN] would be on it. quirements, they are faced with the re- the gentleman from Indiana [Mr. There is no question that any time sponsibility to clean up problems that MYERS]. he comes to the floor he knows his sub- somebody from yesterday left those Mr. MYERS of Indiana. Mr. Chair- ject. He is speaking because of what he communities. man, I thank the chairman for yielding believes, and he always does it with I hope that as this bill moves me this time. I, too, rise in support of grace and with honor, and I think has through the process, we will find ways this legislation, this appropriation. represented the finest traditions of the to help those communities more. Mr. Chairman, as has been said al- history of this House. He is as close to Second, I have to say a word about ready, I guess the best that can be said a perfect definition of being a true pub- something that is not in this bill. The is that it is adequate. It is not the ap- lic servant as any human can possibly last farm bill that went through this propriation many of us would like to be. House, the authorizing bill, contained a see if we had a free hand in spending We are going to miss him greatly. We provision which allows a few States in the taxpayers’ money. Maybe it is a are going to miss his talent. We are the northeast section of the country to good thing we do not have that free going to miss his sense of fairness. We set up what I would define as a dairy hand. are going to miss his sense of judgment cartel. Under that proposal, the north- One area that I think we are making and his insistence on always putting eastern States can band together. They a mistake, and the gentleman from Il- the public interest first. can, in effect, establish tariffs on dairy linois [Mr. DURBIN] mentioned this, is That does not mean I have always products that are produced outside of ag research. Farmers today, this year agreed with him. I have not. But he has the northeast region and sold in that if they were financially able to carry been a tremendous addition to this region of the country. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6167

That cartel could also be used to ar- BIN]. I tell both of them that I enjoyed creased funding for the School Lunch tificially subsidize dairy products that very much working with them and the Program, the School Breakfast Pro- are exported from that region of the cooperation that they have shown me gram, the Child and Adult Program, country into other regions of the coun- throughout this process and to all of Food Program, the Food Stamp Pro- try. I do not believe that that is fair to us. gram, the Emergency Food Assistance my farmers. I do not think it is fair to I would also like to thank the sub- Program; all of these programs were farmers in any other section of the committee staff for the great work increased in funding. country. that they did. There was a lot of political hay made When we add that to the already In this bill we have had to make very last year about cut, cut, cut, cut, cut, egregious and incredibly unfair milk difficult choices. The subcommittee but a lot of untruths were being told at marketing order system which will pay had to reduce discretionary spending the time. All of the nutrition programs farmers from one region of the country by over $500 million, causing painful re- in fact are increasing. WIC was held $2 and $3 per hundred pounds of milk ductions in rural housing and develop- constant, however. There was a large more than they will pay them if they ment programs. Nevertheless, we have surplus carried over from last year come from my region of the country, I continued to provide sufficient funding that will help to fund the program. We think that that is just another example for critical agricultural research. In are committed to the nutrition of this of how the Federal Government has fact, we increased it by $47 million, and Nation and to providing everyone who screwed up national dairy policy. the total amount for ag research is $1.5 is in difficulty with the proper nutri- Mr. Chairman, I would like to offer billion. tion that we can and should provide. an amendment which eliminates that Spending on agriculture research en- Mr. Chairman, I strongly, again, ap- provision, but I think, frankly, there is ables the American farmer to deliver preciate your hard work on this and no point in doing that, given the way an abundant and affordable food supply the ranking member and urge its adop- things have been brought about in this to a largely urban population and to a tion. Congress on that provision. But I would hungry world and provides for a large Mr. DURBIN. Mr. Chairman, I yield 2 certainly hope that the administration portion of the American trade surplus. minutes to the gentlewoman from itself does not allow that northeast I am also glad to report that this bill Florida [Mrs. THURMAN]. dairy cartel to come into being, and if provides critical funding for conserva- Mrs. THURMAN. Mr. Chairman, I they proceed to try to do it, I would tion programs. Conserving, improving, should say that I echo all of those won- hope that in the courts it would be de- and sustaining our natural resources derful remarks that have been made clared unconstitutional. and environment has to be one of our both for the gentleman from New Mex- I wish that there were a way to effec- Nation’s top priorities. Agriculture ico [Mr. SKEEN], and for the gentleman tively get at that in this bill. I have today is facing greater challenges than from Illinois [Mr. DURBIN]. So I will been thinking about offering an amend- ever before in meeting public demands not take my 2 minutes, but you know ment, but I recognize reality, and I for environmental protection. Agri- that they are well meant. think we will have to rely on the ad- culture has been identified as a major What I do want to bring up though is ministration and the courts to do what contributor to nonpoint source water that the issue of research and research needs to be done to provide fairness pollution. In fact, water quality is the has become a very important part of and justice for farmers in all regions of most rapidly emerging issue impacting the agriculture industry, not only for the country. on agriculture today. things to provide a safer and better With that, Mr. Chairman, I again This appropriations bill provides the food product for our country and our congratulate the gentleman from Illi- Soil Conservation Service with the citizens but also to help control some nois and wish him well in the election, necessary resources to provide plan- diseases that can potentially have and I thank the gentleman from New ning and technical assistance for wa- some very adverse effects on very im- Mexico [Mr. SKEEN], chairman of the tershed projects and to help farmers portant products that are grown within subcommittee, as well. implement conservation compliance our States. Mr. DURBIN. Mr. Chairman, I thank plans on highly erodible lands. With In this particular issue, the State of the gentleman for his kind remarks. many of our Nation’s rivers and lakes Florida, with oranges, last fall the Mr. SKEEN. Mr. Chairman, I yield being threatened by agricultural relat- USDA had identified a brown citrus myself such time as I may consume. ed nonpoint source pollution, we need aphid infestation is some parts of Flor- Mr. Chairman, I say once again that to utilize best management practices ida. This actually is something that I thank the gentleman from Wisconsin to conserve our soil and water re- transmits CTV which can pose a very [Mr. OBEY] for the kind words. He can sources. These practices would include formidable threat to our industry. It be a meddlesome individual at times; soil erosion control, animal waste man- actually has not only and will not only he has been anything but that. It is a agement, plant nutrient management, hit Florida, but it also has an oppor- pleasure working with him and I ad- the building of manure lagoons and tunity to go into Arizona, California, mire his style and his tenacity. I just pesticide and chemical management. and Texas. Most of this is commercial do not admire some of the things that The benefits from this conservation but some of this is backyards. he says. That is a fair given. But the planning will result in reduced erosion What we are asking is that we look gentleman from Wisconsin is a great and sedimentation, cleaner water, re- at some of these areas in the eradi- gentleman and I appreciate it. duction of health hazards, improved cation of the brown citrus aphid. I Mr. Chairman, I yield 4 minutes to fish and wildlife habitat, and protec- think there is some money in this bill the gentleman from New York [Mr. tion of wetlands and flood prevention. for some in California, but there is WALSH]. In this bill we are also able to expand maybe not too much in Florida. So I (Mr. WALSH asked and was given the wetlands reserve by providing an am just raising the issue on the floor permission to revise and extend his re- additional 130,000 acres of wetlands. so that, as we go into conference, we marks.) Last year the committee was not able might be able to look at where there Mr. WALSH. Mr. Chairman, I rise to provide any funding for this pro- has been some identifiable issues and today in strong support of our bill, gram. While I would have liked to have that we might look at this as we go H.R. 3603, and its accompanying report seen more lands set aside for wetlands into conference and hopefully help that provides funding for agriculture, protection, this committee has added Florida with their actual $8 billion, $9 rural development, Food and Drug Ad- eight new States to the Wetlands Re- billion industry and the economy to ministration and related agencies. serve Program and enrolled 130,000 ad- the State of Florida. ditional acres so that we can better Mr. DURBIN. Mr. Chairman, I yield 1 b 1630 preserve and protect our precious wet- minute to the gentlewoman from North I commend the distinguished chair- lands. Carolina [Mrs. CLAYTON]. man, the gentleman from New Mexico This bill was a real challenge in Mrs. CLAYTON. Mr. Chairman, if I [Mr. SKEEN], and the ranking member, terms of our priorities, but we strongly may, may I compliment both sides. I do the gentleman from Illinois [Mr. DUR- funded our nutrition programs. We in- want to compliment the fairness as H6168 CONGRESSIONAL RECORD — HOUSE June 11, 1996 well as the tireless service that the been one of the strongest and most Mr. DURBIN. Mr. Chairman, I yield 4 ranking member has provided and the consistent supporters of rural develop- minutes to the gentlewoman from Ha- fairness that the chairman has pro- ment programs. As a former Governor, waii [Mrs. MINK]. vided. he is particularly knowledgeable about Mrs. MINK of Hawaii. Mr. Chairman, I do want to raise the issue about their benefits. I regret I have to break the harmony of rural development because I spoke on I know that these programs are not the comments on the floor, as the this floor before about rural develop- funded at the level that the gentleman Chair has noted, but I must rise in ment and on both sides we acknowl- would like to see or for that matter great distress over a provision that has edged there was a need. that I and other colleagues would like been included in this appropriation As I remember, when it went to con- to see. But the appropriations process bill. That has to do with the sugar pro- ference, we had to work it out with the is about hard choices and that is what gram. Senate in order to get $400 million. we have done here in order to meet our In the bill that we have today, there Again, you can say that is flexibility. goal of balancing the budget and fund- is a section that places a cap on the But apparently we in the House some- ing critical programs. raw sugarcane prices that the growers how will not rise to the occasion to I would like to point out to the gen- may expect to receive. I find that deci- provide more money. We have to de- tleman that the fund for rural America sion of the committee to lay on the pend on the Senate to do that. I would will make available $100 million on sugar program a limit, a cap as to what hope that since it is not in the bill as January 1, 1997 and $200 million more the growers can expect to receive as an much as it should be, we will do it. in the 2 succeeding years. This money unconscionable interference with the One other area I am very much con- is over and above what is in the bill market. cerned is the lack of the appropriation now. We have instructed the Secretary We have heard on the floor so many at the level for minority farmers. to use this fund as a primary backup times Members belaboring the fact Again, that is an area of concern. Five for critical housing, water and sewer that we have to support open com- years ago there was considerably more programs. I will be happy to work with merce, free enterprise, free trade and commitment. Over the years we never the gentleman to follow up on this allow market conditions to determine have met that commitment. I would also. the fate of our commerce, especially in hope that we would find the oppor- We have provided for the transfer of the agricultural area. Yet we have be- tunity to provide for those resources. excess WIC money, as we did last year, fore us today an amendment to the ap- Mr. SKEEN. Mr. Chairman, I yield 4 at the Secretary’s discretion. Finally, I minutes to the gentleman from Dela- propriations bill which is legislation on want to assure the gentleman that an appropriations bill, by the way, ware [Mr. CASTLE]. rural housing and our other rural de- Mr. CASTLE. Mr. Chairman, I thank which sets a cap at 21 cents. velopment programs are among our the gentleman for yielding time to me. I have sent letters to members of the Mr. Chairman, I would like to enter highest priorities. If there is a possibil- Committee on Appropriations indicat- into a colloquy with the gentleman ity to find additional funding in the ing that if this cap were permitted to from New Mexico, chairman of the Sub- conference with the Senate, we will remain in the legislation, and I hope it committee on Agriculture, Rural De- certainly give it a try. does not when it goes to conference, I Mr. CASTLE. Mr. Chairman, I thank velopment, Food and Drug Administra- hope it is removed, I hope the Senate the gentleman. tion, and Related Agencies. does not do the same thing, because Mrs. CLAYTON. Mr. Chairman, will After reviewing the report of the Ag- the effect in my district will be to ac- the gentleman yield? riculture, Rural Development, FDA, tually eliminate the potential for our Mr. CASTLE. I yield to the gentle- and Related Agencies appropriations industry because we cannot produce it woman from North Carolina. at 21 cents. bill, I am very concerned about the Mrs. CLAYTON. Mr. Chairman, I also Sugar, the cost of production of funding level of the 502 Rural Housing want to join in support of the gen- Direct Loan Program. The committee sugar in my district ranges around 22 tleman from Delaware [Mr. CASTLE] cents, 23 cents. I have been informed by bill provides $83 million for the 502 Di- who we joined in an amendment last the cane growers on the island of Kauai rect Program. This is a reduction of time on the 502 housing. In that rural $67.8 million from the 1996 level. As the that if this bill becomes law and the America has more than just housing, it Chairman knows, the 502 Direct Pro- cap remains on the price of cane sugar, gives to the administration flexibility gram provides funds for home mort- that they will be driven out of busi- for housing, rural development as well gage loans for low-income residents of ness. That is thousands of jobs in my as for minority farmers. rural areas who do not have adequate Could the gentleman affirm what the area. access to private mortgage programs or level for minority farmers and small I do not believe that that is the in- other Government housing programs. farmers in the rural fund may be? tent of this body. We had an effort here However, to offset this reduction, the Mr. SKEEN. Mr. Chairman, if the to kill the entire sugar program not committee report states that it intends gentleman will continue to yield, fund too long ago. We were able to defeat that the $100 million made available for rural America is whatever the Sec- that amendment. under the Freedom to Farm Act be retary chooses. He has that discretion b 1645 used for rural, housing, development within the budget to do it and the fund and research programs beginning Janu- So this House has spoken already, for rural America. that such an effort is contrary to the ary 1, 1997. Mrs. CLAYTON. Mr. Chairman, how best interests of this country. Yet we Last year, the gentleman from New about the disadvantaged farmers? Mexico worked with me and other sup- Mr. SKEEN. One million in our bill. have this amendment which has been porters of rural housing to improve the Mrs. CLAYTON. Separate in your placed in this bill, and I am going to be final 1996 funding level for the 502 Pro- bill? forced to vote against the bill because gram. I would like the gentleman’s as- Mr. SKEEN. In our bill. I cannot vote against a major portion surance that he will continue to work Mrs. CLAYTON. But they have flexi- of the industry of my State. with me to ensure adequate funds are bility in rural America as well? The Department of Agriculture ad- made available from the fund for rural Mr. SKEEN. Yes. vises us that they will not know how to America for the 502 Home Loan Pro- Mrs. CLAYTON. You remember there even implement this type of restric- gram. And, if possible, to provide addi- was a discussion about at least moving tion. As far as these experts in the De- tional direct funding for the 502 Pro- it up to 2 million. There was not any partment can determine, the only way gram during conference with the Sen- acceptance of that at all? that they can regulate and assure the ate on this legislation. Mr. SKEEN. Well, we just could not enforceability of a 21-cent cap is to in- Mr. Chairman, I yield to the gen- push it through the screen that way be- crease the imports. tleman from New Mexico [Mr. SKEEN] cause we had very severe shortages in So the Department says that they for his response. funding so we had to leave it at the are unclear as to what the mechanisms Mr. SKEEN. Mr. Chairman, I thank level we had it. I am sorry that we for enforcing it are. They do not really the gentleman from Delaware who has could not raise it to $2 million. know what the refiners are paying. In June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6169 some States, I understand there is a This Member has been actively involved in sponse, and planning efforts. A national kickback or a discount on the price, seeking solutions to this problem for a number drought mitigation center would develop a and so their only ability to regulate a of years. In fact, this Member worked with comprehensive program designed to reduce 21-cent price cap for the growers is then-Secretary of Agriculture Clayton Yeutter vulnerability to drought by promoting the de- through an influx of more imports in to develop a hazardous waste management velopment and implementation of appropriate the sugar area, and that, of course, will and response program within USDA. Sufficient mitigation technologies. be extremely destructive for the rest of Federal funding of this program is necessary Another important project funded by this bill the sugar industry in Florida, in the to address this hazardous situation and to en- is the Alliance for Food Protection, a joint beet sugar areas. sure the safety of drinking supplies of people project between the University of Nebraska So I submit that this idea comes living near, and downgradient from, old CCC and the University of Georgia. The mission of from those who wish to destroy the in- grain storage sites. Although the carbon tetra- this alliance is to assist the development and dustry, and they have had their chance chloride problems have begun to be ad- modification of food processing and preserva- here. They brought their amendment dressed at many of these sites, the progress tion technologies. This technology will help en- to destroy by eliminating the program, has been slow and somewhat random. An sure that Americans continue to receive the and they were defeated, and so this ef- overall strategy needs to be developed. safest and highest quality food possible. fort is simply another backdoor way of To ensure that a timely and comprehensive The report also includes important language making sure that our domestic indus- approach is taken, this Member joins with the directing the Agricultural Research Service to try goes down. State of Nebraska in recommending an accel- continue to fund the perennial grass germ So I plead with the Members of this erated response in a three-phased strategy: plasm project at the University of Nebraska- House to remember the debate with re- One, an immediate private water well quality Lincoln. Unfortunately, the administration's spect to the repeal of the sugar pro- assessment for those communities which have budget deleted funding for the warm grass ge- gram and vote against the passage of not yet had a complete assessment and pro- netics and breeding project at the Lincoln ARS this bill. viding emergency bottled water supplies as unit. However, the $270,000 called for in the Mr. BEREUTER. Mr. Chairman, this Mem- needed. report will ensure the continuation of this pro- ber rises in support of H.R. 3603, the Agri- Two, environmental site characterization to ductive research project which has a tremen- culture appropriations bill for fiscal year 1997. determine sources and the extent of soil and dous record of accomplishment. Mr. Chairman, this Member certainly recog- groundwater contamination. Also, this Member is pleased that H.R. 3603 nizes the severe budget constraints under Three, remedial cleanup of contaminated includes $1.2 million for the new section 538, which the full Appropriations Committee and sites and long-term groundwater monitoring. the rural rental multifamily housing loan guar- the Agriculture Appropriations Subcommittee This Member is also pleased that the bill antee program. The program provides a Fed- operated. This Member is especially pleased provides $423,000 for the Midwest Advanced eral guarantee on loans made to eligible per- that the earlier funding problems were re- Food Manufacturing Alliance. The alliance is sons by private lenders. Developers will bring solved so that there will be full funding for the an association of 12 leading research univer- 10 percent of the cost of the project to the protection flexibility contracts authorized in the sities and corporate partners. Its purpose is to table, and private lenders will make loans for farm legislation enacted earlier this year. develop and facilitate the transfer of new food the balance. The lenders will be given a 100- Clearly, this is good news for our Nation's manufacturing and processing technologies. percent Federal guarantee on the loans they farmers. The alliance awards grants for research make. Unlike the current section 515 Direct This Member is also grateful and pleased projects on a peer review basis. These awards Loan Program, where the full costs are borne that this legislation includes funding for several must be supported by an industry partner will- by the Federal Government, the only costs to important projects of interest to the State of ing to provide matching funds. During its sec- the Federal government under the 538 Guar- Nebraska. antee Program will be for administrative costs First, this Member is pleased that H.R. 3603 ond year of competition, the alliance received 33 proposals requesting a total of $1,165,033, and potential defaults. includes $15.7 million for hazardous waste Mr. Chairman, finally this member also ap- but it was limited to funding 10 proposals for management and that the report includes lan- preciates the subcommittee's support for the a total of $350,000. Matching funds from in- guage regarding the need to conduct a private very successful Department of Agriculture's dustry totaled $1,268,937, with an additional water well quality assessment related to the 502 Unsubsidized Loan Guarantee Program. $370,311 from in-kind funds. These figures health risks of communities in Nebraska and The program has been very effective in rural convincingly demonstrate how successful the other States due to the use of fumigants in communities by guaranteeing loans made by alliance has been in leveraging support from Commodity Credity Corporation grain storage approved lenders to eligible income house- industry. sites. holds in small communities of up to 25,000 Mr. Chairman, the future viability and com- This Member would like to take this oppor- residents in nonmetropolitan areas and in rural petitiveness of the U.S. agricultural industry tunity to draw attention to a potentially serious areas. The program provides guarantees for depends on its ability to adapt to increasing problem facing a large number of communities 30-years fixed-rate mortgages for the pur- worldwide demands for U.S. exports of inter- throughout Nebraska and Kansas, and un- chase of an existing home or the construction mediate and consumer good exports. In order doubtedly elsewhere tooÐand including this of a new home. The loan amount may be up to meet these changing worldwide demands, Member's hometown of Utica, NE. These to 100 percent of a home's market value, with agricultural research must also adapt to pro- problems resulted from the use of fumigants a maximum mortgage amount of $67,500. containing carbon tetrachloride by the USDA vide more emphasis on adding value to our Mr. Chairman, in conclusion, this member through stored Commodity Credit Corporation basic farm commodities. The Midwest Ad- supports H.R. 3603 and urges his colleagues grain in Nebraska and other States, primarily vanced Food Manufacturing Alliance can pro- to approve it. from the 1940's through the early 1970's. Car- vide the necessary cooperative link between Mr. BAKER of California. Mr. Chairman, sta- bon tetrachloride contamination of the ground- universities and industries for the development tistics can be boring, eye-glazing, and mind- water at many of these sites is a serious prob- of competitive food manufacturing and proc- numbing. Yet they can also be illuminating, lem. Approximately 290 communities in Ne- essing technologies. This will, in turn, ensure disturbing, and striking. When it comes to sta- braska and 268 in Kansas has USDA grain that the U.S. agricultural industry remains tistics concerning breast cancer, the latter cat- bin storage sites and potentially remain at risk competitive in an increasingly competitive egory is clearly in play. because the problem has not been fully inves- global economy. Breast cancer is the second leading cause tigated and addressed in many of these com- This Member is also pleased that this bill in- of cancer deaths among women. In 1996 ap- munities. As previously mentioned, this Mem- cludes $200,000 to fund a drought mitigation proximately 184,300 women will be diagnosed ber's hometown of Utica, NE, is one of the project at the agricultural meteorology depart- with invasive breast cancer; 44,300 women sites which is contending with contamination ment at the University of Nebraska-Lincoln. are expected to die of this disease by the end of its water supply as a result of a carbon tet- This level of funding will greatly assist in the of the year. This is troubling news, and forces rachloride, a carcinogen, from a grain storage further development of a national drought miti- us to consider how best to combat this de- facility. In addition to the contamination of pub- gation center. Such a center is important to structive illness. lic water supplies, numerous private wells are Nebraska and all arid and semi-arid States. At present, breast cancer cannot be pre- also affected. Private wells known to be con- Although drought is one of the most complex vented. However, there are steps women can taminated have had treatment installed or and least understood of all natural disasters, take in order to detect breast cancer in its ear- have been removed from service, but far too no centralized source of information currently liest stages. The easiest, most common tech- little has been done to help identify such wells. exists on drought assessment, mitigation, re- nique is a breast self-exam [BSE], which can H6170 CONGRESSIONAL RECORD — HOUSE June 11, 1996 make the difference between life and death. I voting by electronic device on the first vided, That the Chief Financial Officer shall have supported legislation to encourage in any series of questions shall not be actively market cross-servicing activities of breast cancer screening through making less than 15 minutes. the National Finance Center. exams easily available to poor women through After the reading of the final lines of OFFICE OF THE ASSISTANT SECRETARY FOR Medicaid, and by giving employers a tax break the bill, a motion that the Committee ADMINISTRATION for costs incurred in making breast exams of the Whole rise and report the bill to For necessary salaries and expenses of the available to their employees. the House with such amendments as Office of the Assistant Secretary for Admin- may have been adopted shall, if offered istration to carry out the programs funded Noninvasive breast self-exams are essential in this Act, $613,000. to the thousands of women seeking to combat by the majority leader or a designee, AGRICULTURE BUILDINGS AND FACILITIES AND this deadly cancer. Currently, the only tech- have precedence over a motion to RENTAL PAYMENTS nique readily available for women to perform amend. (INCLUDING TRANSFERS OF FUNDS) this procedure at home is soap and water. Yet The Clerk will read. American ingenuity has once again risen to The Clerk read as follows: For payment of space rental and related costs pursuant to Public Law 92–313, includ- the occasion and created a new device to aid H.R. 3603 ing authorities pursuant to the 1984 delega- women with BSE's. Be it enacted by the Senate and House of Rep- tion of authority from the Administrator of This device is called the sensor pad. It con- resentatives of the United States of America in General Services to the Department of Agri- sists of two plastic sheets coated with lubri- Congress assembled, That the following sums culture under 40 U.S.C. 486, for programs and cant. That's it: no involved machinery, no are appropriated, out of any money in the activities of the Department which are in- elaborate high-technology gadgetry, no inva- Treasury not otherwise appropriated, for Ag- cluded in this Act, and for the operation, sion of the body. It is a method of detecting riculture, Rural Development, Food and maintenance, and repair of Agriculture Drug Administration, and Related Agencies lumps that heightens sensitivity to a greater buildings, $120,548,000: Provided, That in the programs for the fiscal year ending Septem- event an agency within the Department degree than soap and water. ber 30, 1997, and for other purposes, namely: should require modification of space needs, Although the sensor pad is a promising, TITLE I the Secretary of Agriculture may transfer a helpful device for women, the FDA has cho- AGRICULTURAL PROGRAMS share of that agency’s appropriation made sen not to make it available to all women and available by this Act to this appropriation, PRODUCTION, PROCESSING, AND MARKETING has approved it under a prescription-only sta- or may transfer a share of this appropriation tus. This means that instead of costing a OFFICE OF THE SECRETARY to that agency’s appropriation, but such woman $21.15 for a sensor pad, it will cost (INCLUDING TRANSFERS OF FUNDS) transfers shall not exceed 5 percent of the her an estimated $70. This is outrageous. For necessary expenses of the Office of the funds made available for space rental and re- I am an original cosponsor of H.R. 3504, the Secretary of Agriculture, and not to exceed lated costs to or from this account. In addi- tion, for construction, repair, improvement, Breast Cancer Detection Act which urges the $75,000 for employment under 5 U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000 extension, alteration, and purchase of fixed FDA to reverse its prescription only status to of this amount, along with any unobligated equipment or facilities as necessary to carry this pad and other breast cancer detection de- balances of representation funds in the For- out the programs of the Department, where vices and allow the manufacturer to produce eign Agricultural Service shall be available not otherwise provided, $5,000,000, to remain them for all women, not just women who can for official reception and representation ex- available until expended; making a total ap- afford to see their doctors. penses, not otherwise provided for, as deter- propriation of $125,548,000. It is vital to the health of all American mined by the Secretary: Provided further, HAZARDOUS WASTE MANAGEMENT women to routinely perform breast self-exams. That none of the funds appropriated or oth- (INCLUDING TRANSFERS OF FUNDS) I believe that by giving all women a choice of erwise made available by this Act may be used to detail an individual from an agency For necessary expenses of the Department methods, less women will die of breast cancer funded in this Act to any Under Secretary of Agriculture, to comply with the require- because they will perform BSE's and detect office or Assistant Secretary office for more ment of section 107(g) of the Comprehensive breast cancer in its early stages. than 30 days: Provided further, That none of Environmental Response, Compensation, and Clearly, inclusion of the provisions of H.R. the funds made available by this Act may be Liability Act, as amended, 42 U.S.C. 9607(g), 3504 in the fiscal year 1997 Agriculture, Rural used to enforce section 793(d) of Public Law and section 6001 of the Resource Conserva- 104–127. tion and Recovery Act, as amended, 42 U.S.C. Development, and Food and Drug Administra- 6961, $15,700,000, to remain available until ex- tion Appropriations ActÐH.R. 3603Ðwill pro- EXECUTIVE OPERATIONS pended: Provided, That appropriations and vide American women with more tools to de- CHIEF ECONOMIST funds available herein to the Department for termine whether or not they have breast can- For necessary expenses of the Chief Econo- Hazardous Waste Management may be trans- cer. I am pleased that H.R. 3504 is part of mist, including economic analysis, risk as- ferred to any agency of the Department for H.R. 3603, and look forward to its passage sessment, cost-benefit analysis, and the its use in meeting all requirements pursuant into law. functions of the World Agricultural Outlook to the above Acts on Federal and non-Fed- Mr. SKEEN. Mr. Chairman, I yield Board, as authorized by the Agricultural eral lands. back the balance of my time. Marketing Act of 1946 (7 U.S.C. 1622g), and in- DEPARTMENTAL ADMINISTRATION cluding employment pursuant to the second Mr. DURBIN. Mr. Chairman, I yield (INCLUDING TRANSFERS OF FUNDS) sentence of section 706(a) of the Organic Act back the balance of my time. of 1944 (7 U.S.C. 2225), of which not to exceed For Departmental Administration, The CHAIRMAN. All time for general $5,000 is for employment under 5 U.S.C. 3109, $28,304,000, to provide for necessary expenses debate has expired. $4,231,000. for management support services to offices Pursuant to the rule, the bill shall be of the Department and for general adminis- NATIONAL APPEALS DIVISION tration and disaster management of the De- considered for amendment under the 5- For necessary expenses of the National Ap- minute rule. partment, repairs and alterations, and other peals Division, including employment pursu- miscellaneous supplies and expenses not oth- During consideration of the bill for ant to the second sentence of section 706(a) erwise provided for and necessary for the amendment, the Chair may accord pri- of the Organic Act of 1944 (7 U.S.C. 2225), of practical and efficient work of the Depart- ority in recognition to a Member offer- which not to exceed $25,000 is for employ- ment, including employment pursuant to the ing an amendment that he has printed ment under 5 U.S.C. 3109, $11,718,000. second sentence of section 706(a) of the Or- in the designated place in the CONGRES- OFFICE OF BUDGET AND PROGRAM ANALYSIS ganic Act of 1944 (7 U.S.C. 2225), of which not SIONAL RECORD. Those amendments For necessary expenses of the Office of to exceed $10,000 is for employment under 5 will be considered read. Budget and Program Analysis, including em- U.S.C. 3109: Provided, That this appropriation The Chairman of the Committee of ployment pursuant to the second sentence of shall be reimbursed from applicable appro- section 706(a) of the Organic Act of 1944 (7 priations in this Act for travel expenses inci- the Whole may postpone until a time dent to the holding of hearings as required during further consideration in the U.S.C. 2225), of which not to exceed $5,000 is for employment under 5 U.S.C. 3109, by 5 U.S.C. 551–558. Committee of the Whole a request for a $5,986,000. OFFICE OF THE ASSISTANT SECRETARY FOR recorded vote on any amendment and CHIEF FINANCIAL OFFICER CONGRESSIONAL RELATIONS may reduce to not less than 5 minutes (INCLUDING TRANSFERS OF FUNDS) the time for voting by electronic de- For necessary expenses of the Office of the Chief Financial Officer, including employ- For necessary salaries and expenses of the vice on any postponed question that ment pursuant to the second sentence of sec- Office of the Assistant Secretary for Con- immediately follows another vote by tion 706(a) of the Organic Act of 1944 (7 U.S.C. gressional Relations to carry out the pro- electronic device without intervening 2225), of which not to exceed $10,000 is for em- grams funded in this Act, including pro- business, provided that the time for ployment under 5 U.S.C. 3109, $4,283,000: Pro- grams involving intergovernmental affairs June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6171 and liaison within the executive branch, statistical reporting and service work, in- research, for facilities, and for other ex- $3,728,000: Provided, That no other funds ap- cluding crop and livestock estimates, statis- penses, including $163,671,000 to carry into ef- propriated to the Department in this Act tical coordination and improvements, mar- fect the provisions of the Hatch Act (7 U.S.C. shall be available to the Department for sup- keting surveys, and the Census of Agri- 361a–361i); $19,882,000 for grants for coopera- port of activities of congressional relations: culture notwithstanding 13 U.S.C. 142(a–b), tive forestry research (16 U.S.C. 582a–582–a7); Provided further, That not less than $2,241,000 as authorized by the Agricultural Marketing $26,902,000 for payments to the 1890 land- shall be transferred to agencies funded in Act of 1946 (7 U.S.C. 1621–1627) and other grant colleges, including Tuskegee Univer- this Act to maintain personnel at the agency laws, $100,221,000, of which up to $17,500,000 sity (7 U.S.C. 3222); $44,235,000 for special level. shall be available until expended for the Cen- grants for agricultural research (7 U.S.C. sus of Agriculture: Provided, That this appro- OFFICE OF COMMUNICATIONS 450i(c)); $11,769,000 for special grants for agri- priation shall be available for employment cultural research on improved pest control (7 For necessary expenses to carry on serv- pursuant to the second sentence of section U.S.C. 450i(c)); $96,735,000 for competitive re- ices relating to the coordination of programs 706(a) of the Organic Act of 1944 (7 U.S.C. search grants (7 U.S.C. 450i(b)); $4,775,000 for involving public affairs, for the dissemina- 2225), and not to exceed $40,000 shall be avail- the support of animal health and disease pro- tion of agricultural information, and the co- able for employment under 5 U.S.C. 3109. grams (7 U.S.C. 3195); $650,000 for supple- ordination of information, work, and pro- AGRICULTURAL RESEARCH SERVICE mental and alternative crops and products (7 grams authorized by Congress in the Depart- For necessary expenses to enable the Agri- U.S.C. 3319d); $500,000 for grants for research ment, $8,138,000, including employment pur- cultural Research Service to perform agri- pursuant to the Critical Agricultural Mate- suant to the second sentence of section 706(a) cultural research and demonstration relating rials Act of 1984 (7 U.S.C. 178) and section of the Organic Act of 1944 (7 U.S.C. 2225), of to production, utilization, marketing, and 1472 of the Food and Agriculture Act of 1977, which not to exceed $10,000 shall be available distribution (not otherwise provided for); as amended (7 U.S.C. 3318), to remain avail- for employment under 5 U.S.C. 3109, and not home economics or nutrition and consumer able until expended; $475,000 for rangeland re- to exceed $2,000,000 may be used for farmers’ use including the acquisition, preservation, search grants (7 U.S.C. 3331–3336); $3,000,000 bulletins. and dissemination of agricultural informa- for higher education graduate fellowships OFFICE OF THE INSPECTOR GENERAL tion; and for acquisition of lands by dona- grants (7 U.S.C. 3152(b)(6)), to remain avail- (INCLUDING TRANSFERS OF FUNDS) tion, exchange, or purchase at a nominal able until expended (7 U.S.C. 2209b); $4,000,000 cost not to exceed $100, $702,831,000: Provided, For necessary expenses of the Office of the for higher education challenge grants (7 That appropriations hereunder shall be U.S.C. 3152(b)(1)); $1,000,000 for a higher edu- Inspector General, including employment available for temporary employment pursu- pursuant to the second sentence of section cation minority scholars program (7 U.S.C. ant to the second sentence of section 706(a) 3152(b)(5)), to remain available until ex- 706(a) of the Organic Act of 1944 (7 U.S.C. of the Organic Act of 1944 (7 U.S.C. 2225), and 2225), and the Inspector General Act of 1978, pended (7 U.S.C. 2209b); $2,000,000 for an edu- not to exceed $115,000 shall be available for cation grants program for Hispanic-serving as amended, $63,028,000, including such sums employment under 5 U.S.C. 3109: Provided fur- Institutions (7 U.S.C. 3241); $4,000,000 for as may be necessary for contracting and ther, That appropriations hereunder shall be aquaculture grants (7 U.S.C. 3322); $8,000,000 other arrangements with public agencies and available for the operation and maintenance for sustainable agriculture research and edu- private persons pursuant to section 6(a)(9) of of aircraft and the purchase of not to exceed cation (7 U.S.C. 5811); $9,200,000 for a program the Inspector General Act of 1978, as amend- one for replacement only: Provided further, ed, including a sum not to exceed $50,000 for That appropriations hereunder shall be of capacity building grants to colleges eligi- employment under 5 U.S.C. 3109; and includ- available pursuant to 7 U.S.C. 2250 for the ble to receive funds under the Act of August ing a sum not to exceed $95,000 for certain construction, alteration, and repair of build- 30, 1890 (7 U.S.C. 321–326 and 328), including confidential operational expenses including ings and improvements, but unless otherwise Tuskegee University 7 U.S.C. 3152(b)(4), to re- the payment of informants, to be expended provided the cost of constructing any one main available until expended (7 U.S.C. under the direction of the Inspector General building shall not exceed $250,000, except for 2209b); $1,450,000 for payments to the 1994 In- pursuant to Public Law 95–452 and section headhouses or greenhouses which shall each stitutions pursuant to section 534(a)(1) of 1337 of Public Law 97–98: Provided, That funds be limited to $1,000,000, and except for ten Public Law 103–382; and $9,605,000 for nec- transferred to the Office of the Inspector buildings to be constructed or improved at a essary expenses of Research and Education General through forfeiture proceedings or cost not to exceed $500,000 each, and the cost Activities, of which not to exceed $100,000 from the Department of Justice Assets For- of altering any one building during the fiscal shall be for employment under 5 U.S.C. 3109; feiture Fund or the Department of the Treas- year shall not exceed 10 percent of the cur- in all, $411,849,000. ury Forfeiture Fund, as a participating agen- rent replacement value of the building or None of the funds in the foregoing para- cy, as an equitable share from the forfeiture $250,000, whichever is greater: Provided fur- graph shall be available to carry out re- of property in investigations in which the Of- ther, That the limitations on alterations con- search related to the production, processing fice of the Inspector General participates, or tained in this Act shall not apply to mod- or marketing of tobacco or tobacco products. through the granting of a Petition for Re- ernization or replacement of existing facili- NATIVE AMERICAN INSTITUTIONS ENDOWMENT mission or Mitigation, shall be deposited to ties at Beltsville, Maryland: Provided further, FUND the credit of this account for law enforce- That the foregoing limitations shall not For establishment of a Native American ment activities authorized under the Inspec- apply to replacement of buildings needed to institutions endowment fund, as authorized carry out the Act of April 24, 1948 (21 U.S.C. tor General Act of 1978, as amended, to re- by Public Law 130–382 (7 U.S.C. 301 note), 113a): Provided further, That funds may be re- main available until expended. $4,600,000. ceived from any State, other political sub- OFFICE OF THE GENERAL COUNSEL division, organization, or individual for the BUILDINGS AND FACILITIES For necessary expenses of the Office of the purpose of establishing or operating any re- For acquisition of land, construction, re- General Counsel, $27,749,000. search facility or research project of the Ag- pair, improvement, extension, alteration, OFFICE OF THE UNDER SECRETARY FOR ricultural Research Service, as authorized by and purchase of fixed equipment or facilities RESEARCH, EDUCATION AND ECONOMICS law. and for grants to States and other eligible None of the funds in the foregoing para- For necessary salaries and expenses of the recipients for such purposes, as necessary to graph shall be available to carry out re- Office of the Under Secretary for Research, carry out the agricultural research, exten- search related to the production, processing sion, and teaching programs of the Depart- Education and Economics to administer the or marketing of tobacco or tobacco products. laws enacted by the Congress for the Eco- ment of Agriculture, where not otherwise nomic Research Service, the National Agri- BUILDINGS AND FACILITIES provided, $30,449,000, to remain available cultural Statistics Service, the Agricultural For acquisition of land, construction, re- until expended (7 U.S.C. 2209b). Research Service, and the Cooperative State pair, improvement, extension, alteration, EXTENSION ACTIVITIES Research, Education, and Extension Service, and purchase of fixed equipment or facilities Payments to States, the District of Colum- $540,000. as necessary to carry out the agricultural re- bia, Puerto Rico, Guam, the Virgin Islands, search programs of the Department of Agri- ECONOMIC RESEARCH SERVICE Micronesia, Northern Marianas, and Amer- culture, where not otherwise provided, ican Samoa: For payments for cooperative For necessary expenses of the Economic $59,600,000, to remain available until ex- extension work under the Smith-Lever Act, Research Service in conducting economic re- pended (7 U.S.C. 2209b): Provided, That funds as amended, to be distributed under sections search and analysis, as authorized by the Ag- may be received from any State, other polit- 3(b) and 3(c) of said Act, and under section ricultural Marketing Act of 1946 (7 U.S.C. ical subdivision, organization, or individual 208(c) of Public Law 93–471, for retirement 1621–1627) and other laws, $54,176,000: Pro- for the purpose of establishing any research and employees’ compensation costs for ex- vided, That this appropriation shall be avail- facility of the Agricultural Research Serv- tension agents and for costs of penalty mail able for employment pursuant to the second ice, as authorized by law. for cooperative extension agents and State sentence of section 706(a) of the Organic Act COOPERATIVE STATE RESEARCH, EDUCATION, extension directors, $260,438,000; payments of 1944 (7 U.S.C. 2225). AND EXTENSION SERVICE for the nutrition and family education pro- NATIONAL AGRICULTURAL STATISTICS SERVICE RESEARCH AND EDUCATION ACTIVITIES gram for low-income areas under section 3(d) For necessary expenses of the National Ag- For payments to agricultural experiment of the Act, $58,695,000; payments for the pest ricultural Statistics Service in conducting stations, for cooperative forestry and other management program under section 3(d) of H6172 CONGRESSIONAL RECORD — HOUSE June 11, 1996 the Act, $10,783,000; payments for the farm mum matching by the States of at least 40 not to exceed $90,000 for employment under 5 safety program under section 3(d) of the Act, percent: Provided further, That this appro- U.S.C. 3109, $37,592,000, including funds for $2,855,000; payments for the pesticide impact priation shall be available for field employ- the wholesale market development program assessment program under section 3(d) of the ment pursuant to the second sentence of sec- for the design and development of wholesale Act, $3,214,000; payments to upgrade 1890 tion 706(a) of the Organic Act of 1944 (7 U.S.C. and farmer market facilities for the major land-grant college research, extension, and 2225), and not to exceed $40,000 shall be avail- metropolitan areas of the country: Provided, teaching facilities as authorized by section able for employment under 5 U.S.C. 3109: Pro- That this appropriation shall be available 1447 of Public Law 95–113, as amended (7 vided further, That this appropriation shall pursuant to law (7 U.S.C. 2250) for the alter- U.S.C. 3222b), $7,549,000, to remain available be available for the operation and mainte- ation and repair of buildings and improve- until expended; payments for the rural devel- nance of aircraft and the purchase of not to ments, but the cost of altering any one opment centers under section 3(d) of the Act, exceed four, of which two shall be for re- building during the fiscal year shall not ex- $908,000; payments for a groundwater quality placement only: Provided further, That, in ad- ceed 10 percent of the current replacement program under section 3(d) of the Act, dition, in emergencies which threaten any value of the building. $10,733,000; payments for the agricultural segment of the agricultural production in- Fees may be collected for the cost of stand- telecommunications program, as authorized dustry of this country, the Secretary may ardization activities, as established by regu- by Public Law 101–624 (7 U.S.C. 5926), transfer from other appropriations or funds lation pursuant to law (31 U.S.C. 9701). $1,167,000; payments for youth-at-risk pro- available to the agencies or corporations of grams under section 3(d) of the Act, the Department such sums as he may deem LIMITATION ON ADMINISTRATIVE EXPENSES $9,554,000; payments for a food safety pro- necessary, to be available only in such emer- Not to exceed $59,012,000 (from fees col- gram under section 3(d) of the Act, $2,365,000; gencies for the arrest and eradication of con- lected) shall be obligated during the current payments for carrying out the provisions of tagious or infectious disease or pests of ani- fiscal year for administrative expenses: Pro- the Renewable Resources Extension Act of mals, poultry, or plants, and for expenses in vided, That if crop size is understated and/or 1978, $3,192,000; payments for Indian reserva- accordance with the Act of February 28, 1947, other uncontrollable events occur, the agen- tion agents under section 3(d) of the Act, as amended, and section 102 of the Act of cy may exceed this limitation by up to 10 $1,672,000; payments for sustainable agri- September 21, 1944, as amended, and any un- percent with notification to the Appropria- culture programs under section 3(d) of the expended balances of funds transferred for tions Committees. Act, $3,309,000; payments for rural health and such emergency purposes in the next preced- FUNDS FOR STRENGTHENING MARKETS, INCOME, safety education as authorized by section ing fiscal year shall be merged with such AND SUPPLY (SECTION 32) 2390 of Public Law 101–624 (7 U.S.C. 2661 note, transferred amounts: Provided further, That 2662), $2,628,000; payments for cooperative ex- appropriations hereunder shall be available (INCLUDING TRANSFERS OF FUNDS) tension work by the colleges receiving the pursuant to law (7 U.S.C. 2250) for the repair Funds available under section 32 of the Act benefits of the second Morrill Act (7 U.S.C. and alteration of leased buildings and im- of August 24, 1935 (7 U.S.C. 612c) shall be used 321–326, 328) and Tuskegee University, provements, but unless otherwise provided only for commodity program expenses as au- $24,337,000; and for Federal administration the cost of altering any one building during thorized therein, and other related operating and coordination including administration of the fiscal year shall not exceed 10 percent of expenses, except for: (1) transfers to the De- the Smith-Lever Act, as amended, and the the current replacement value of the build- partment of Commerce as authorized by the Act of September 29, 1977 (7 U.S.C. 341–349), ing. Fish and Wildlife Act of August 8, 1956; (2) as amended, and section 1361(c) of the Act of In fiscal year 1997 the agency is authorized transfers otherwise provided in this Act; and October 3, 1980 (7 U.S.C. 301 note), and to co- to collect fees to cover the total costs of pro- (3) not more than $10,576,000 for formulation ordinate and provide program leadership for viding technical assistance, goods, or serv- and administration of marketing agreements the extension work of the Department and ices requested by States, other political sub- and orders pursuant to the Agricultural Mar- the several States and insular possessions, divisions, domestic and international organi- keting Agreement Act of 1937, as amended, $6,271,000; in all, $409,670,000: Provided, That zations, foreign governments, or individuals, and the Agricultural Act of 1961. funds hereby appropriated pursuant to sec- provided that such fees are structured such tion 3(c) of the Act of June 26, 1953, and sec- that any entity’s liability for such fees is PAYMENTS TO STATES AND POSSESSIONS tion 506 of the Act of June 23, 1972, as amend- reasonably based on the technical assistance, For payments to departments of agri- ed, shall not be paid to any State, the Dis- goods, or services provided to the entity by culture, bureaus and departments of mar- trict of Columbia, Puerto Rico, Guam, or the the agency, and such fees shall be credited to kets, and similar agencies for marketing ac- Virgin Islands, Micronesia, Northern Mari- this account, to remain available until ex- tivities under section 204(b) of the Agricul- anas, and American Samoa prior to avail- pended, without further appropriation, for tural Marketing Act of 1946 (7 U.S.C. 1623(b)), ability of an equal sum from non-Federal providing such assistance, goods, or services. $1,200,000. Of the total amount available under this sources for expenditure during the current GRAIN INSPECTION, PACKERS AND STOCKYARDS heading in fiscal year 1997, $98,000,000 shall be fiscal year. ADMINISTRATION OFFICE OF THE ASSISTANT SECRETARY FOR derived from user fees deposited in the Agri- SALARIES AND EXPENSES MARKETING AND REGULATORY PROGRAMS cultural Quarantine Inspection User Fee Ac- count. For necessary salaries and expenses of the For necessary expenses to carry out the Office of the Assistant Secretary for Market- Mr. SKEEN. Mr. Chairman, I ask provisions of the United States Grain Stand- ing and Regulatory Programs to administer unanimous consent that the remainder ards Act, as amended, for the administration programs under the laws enacted by the Con- of title I through page 29, line 17, be of the Packers and Stockyards Act, for cer- gress for the Animal and Plant Health In- considered as read, printed in the tifying procedures used to protect purchasers spection Service, Agricultural Marketing of farm products, and the standardization ac- RECORD and open to amendment at any tivities related to grain under the Agricul- Service, and the Grain Inspection, Packers point. and Stockyards Administration, $618,000. tural Marketing Act of 1946, as amended, in- The CHAIRMAN. Is there an objec- cluding field employment pursuant to sec- ANIMAL AND PLANT HEALTH INSPECTION tion to the request of the gentleman tion 706(a) of the Organic Act of 1944 (7 U.S.C. SERVICE from New Mexico? 2225), and not to exceed $25,000 for employ- SALARIES AND EXPENSES There was no objection. ment under 5 U.S.C. 3109, $22,728,000: Pro- (INCLUDING TRANSFERS OF FUNDS) The remainder of title I is as follows: vided, That this appropriation shall be avail- For expenses, not otherwise provided for, BUILDINGS AND FACILITIES able pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and im- including those pursuant to the Act of Feb- For plans, construction, repair, preventive provements, but the cost of altering any one ruary 28, 1947, as amended (21 U.S.C. 114b–c), maintenance, environmental support, im- building during the fiscal year shall not ex- necessary to prevent, control, and eradicate provement, extension, alteration, and pur- ceed 10 percent of the current replacement pests and plant and animal diseases; to carry chase of fixed equipment or facilities, as au- value of the building. out inspection, quarantine, and regulatory thorized by 7 U.S.C. 2250, and acquisition of activities; to discharge the authorities of the land as authorized by 7 U.S.C. 428a, $3,200,000, INSPECTION AND WEIGHING SERVICES Secretary of Agriculture under the Act of to remain available until expended. March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b); LIMITATION ON INSPECTION AND WEIGHING and to protect the environment, as author- AGRICULTURAL MARKETING SERVICE SERVICE EXPENSES ized by law, $435,428,000, of which $4,500,000 MARKETING SERVICES Not to exceed $43,207,000 (from fees col- shall be available for the control of out- For necessary expenses to carry on serv- lected) shall be obligated during the current breaks of insects, plant diseases, animal dis- ices related to consumer protection, agricul- fiscal year for inspection and weighing serv- eases and for control of pest animals and tural marketing and distribution, transpor- ices: Provided, That if grain export activities birds to the extent necessary to meet emer- tation, and regulatory programs, as author- require additional supervision and oversight, gency conditions: Provided, That no funds ized by law, and for administration and co- or other uncontrollable factors occur, this shall be used to formulate or administer a ordination of payments to States; including limitation may be exceeded by up to 10 per- brucellosis eradication program for the cur- field employment pursuant to section 706(a) cent with notification to the Appropriations rent fiscal year that does not require mini- of the Organic Act of 1944 (7 U.S.C. 2225), and Committees. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6173

OFFICE OF THE UNDER SECRETARY FOR FOOD contrary to applicable regulations or label- corporation or agency, except as hereinafter SAFETY ing instructions provided at the time of use provided. For necessary salaries and expenses of the and the contamination is not due to the FEDERAL CROP INSURANCE CORPORATION FUND fault of the farmer, $100,000, to remain avail- Office of the Under Secretary for Food Safe- For payments as authorized by section 516 able until expended (7 U.S.C. 2209b): Provided, ty to administer the laws enacted by the of the Federal Crop Insurance Act, as amend- That none of the funds contained in this Act Congress for the Food Safety and Inspection ed, such sums as may be necessary, to re- shall be used to make indemnity payments Service, $446,000. main available until expended (7 U.S.C. to any farmer whose milk was removed from FOOD SAFETY AND INSPECTION SERVICE 2209b). commercial markets as a result of his willful For necessary expenses to carry on serv- failure to follow procedures prescribed by COMMODITY CREDIT CORPORATION FUND ices authorized by the Federal Meat Inspec- the Federal Government: Provided further, REIMBURSEMENT FOR NET REALIZED LOSSES tion Act, as amended, the Poultry Products That this amount shall be transferred to the For fiscal year 1997, such sums as may be Inspection Act, as amended, and the Egg Commodity Credit Corporation: Provided fur- necessary to reimburse the Commodity Cred- Products Inspection Act, as amended, ther, That the Secretary is authorized to uti- it Corporation for net realized losses sus- $574,000,000, and in addition, $1,000,000 may be lize the services, facilities, and authorities of tained, but not previously reimbursed (esti- credited to this account from fees collected the Commodity Credit Corporation for the mated to be $1,500,000,000 in the President’s for the cost of laboratory accreditation as purpose of making dairy indemnity disburse- fiscal year 1997 Budget Request (H. Doc. 104– authorized by section 1017 of Public Law 102– ments. 162)), but not to exceed $1,500,000,000, pursu- 237: Provided, That this appropriation shall ant to section 2 of the Act of August 17, 1961, not be available for shell egg surveillance OUTREACH FOR SOCIALLY DISADVANTAGED as amended (15 U.S.C. 713a–11). under section 5(d) of the Egg Products In- FARMERS spection Act (21 U.S.C. 1034(d)): Provided fur- For grants and contracts pursuant to sec- OPERATIONS AND MAINTENANCE FOR ther, That this appropriation shall be avail- tion 2501 of the Food, Agriculture, Conserva- HAZARDOUS WASTE MANAGEMENT able for field employment pursuant to sec- tion, and Trade Act of 1990 (7 U.S.C. 2279), For fiscal year 1997, the Commodity Credit tion 706(a) of the Organic Act of 1944 (7 U.S.C. $1,000,000, to remain available until ex- Corporation shall not expend more than 2225), and not to exceed $75,000 shall be avail- pended. $5,000,000 for expenses to comply with the re- able for employment under 5 U.S.C. 3109: Pro- AGRICULTURAL CREDIT INSURANCE FUND quirement of section 107(g) of the Com- vided further, That this appropriation shall PROGRAM ACCOUNT prehensive Environmental Response, Com- be available pursuant to law (7 U.S.C. 2250) pensation, and Liability Act, as amended, 42 (INCLUDING TRANSFERS OF FUNDS) for the alteration and repair of buildings and U.S.C. 9607(g), and section 6001 of the Re- improvements, but the cost of altering any For gross obligations for the principal source Conservation and Recovery Act, as one building during the fiscal year shall not amount of direct and guaranteed loans as au- amended, 42 U.S.C. 6961: Provided, That ex- exceed 10 percent of the current replacement thorized by 7 U.S.C. 1928–1929, to be available penses shall be for operations and mainte- value of the building. from funds in the Agricultural Credit Insur- nance costs only and that other hazardous ance Fund, as follows: farm ownership loans, OFFICE OF THE UNDER SECRETARY FOR FARM waste management costs shall be paid for by $600,000,000, of which $550,000,000 shall be for AND FOREIGN AGRICULTURAL SERVICES the USDA Hazardous Waste Management ap- guaranteed loans; operating loans, For necessary salaries and expenses of the propriation in this Act. $2,345,071,000, of which $1,700,000,000 shall be The CHAIRMAN. The Clerk will con- Office of the Under Secretary for Farm and for unsubsidized guaranteed loans and Foreign Agricultural Services to administer $200,000,000 shall be for subsidized guaranteed tinue to read. the laws enacted by Congress for the Consoli- loans; Indian tribe land acquisition loans as The Clerk read as follows: dated Farm Service Agency, Foreign Agri- authorized by 25 U.S.C. 488, $1,000,000; for TITLE II—CONSERVATION PROGRAMS cultural Service, and the Commodity Credit emergency insured loans, $25,000,000 to meet OFFICE OF THE UNDER SECRETARY FOR Corporation, $572,000. the needs resulting from natural disasters NATURAL RESOURCES AND ENVIRONMENT FARM SERVICE AGENCY and for credit sales of acquired property, For necessary salaries and expenses of the SALARIES AND EXPENSES $25,000,000. Office of the Under Secretary for Natural Re- (INCLUDING TRANSFERS OF FUNDS) For the cost of direct and guaranteed sources and Environment to administer the For necessary expenses for carrying out loans, including the cost of modifying loans laws enacted by the Congress for the Forest the administration and implementation of as defined in section 502 of the Congressional Service and the Natural Resources Conserva- programs administered by the Farm Service Budget Act of 1974, as follows: farm owner- tion Service, $693,000. ship loans, $27,975,000, of which $22,055,000 Agency, $746,440,000: Provided, That the Sec- NATURAL RESOURCES CONSERVATION SERVICE shall be for guaranteed loans; operating retary is authorized to use the services, fa- CONSERVATION OPERATIONS cilities, and authorities (but not the funds) loans, $96,840,000, of which $19,210,000 shall be For necessary expenses for carrying out of the Commodity Credit Corporation to for unsubsidized guaranteed loans and the provisions of the Act of April 27, 1935 (16 make program payments for all programs ad- $18,480,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as U.S.C. 590a–590f) including preparation of ministered by the Agency: Provided further, conservation plans and establishment of That other funds made available to the authorized by 25 U.S.C. 488, $54,000; for emer- measures to conserve soil and water (includ- Agency for authorized activities may be ad- gency insured loans, $6,365,000 to meet the needs resulting from natural disasters; and ing farm irrigation and land drainage and vanced to and merged with this account: Pro- for credit sales of acquired property, such special measures for soil and water vided further, That these funds shall be avail- management as may be necessary to prevent able for employment pursuant to the second $2,530,000. floods and the siltation of reservoirs and to sentence of section 706(a) of the Organic Act In addition, for administrative expenses control agricultural related pollutants); op- of 1944 (7 U.S.C. 2225), and not to exceed necessary to carry out the direct and guar- eration of conservation plant materials cen- $1,000,000 shall be available for employment anteed loan programs, $221,046,000, of which ters; classification and mapping of soil; dis- under 5 U.S.C. 3109. $208,446,000 shall be transferred to and merged with the ‘‘Farm Service Agency, Sal- semination of information; acquisition of DAIRY INDEMNITY PROGRAM aries and Expenses’’ account. lands, water, and interests therein for use in (INCLUDING TRANSFERS OF FUNDS) OFFICE OF RISK MANAGEMENT the plant materials program by donation, ex- For necessary expenses involved in making change, or purchase at a nominal cost not to For administrative and operating expenses, indemnity payments to dairy farmers for exceed $100 pursuant to the Act of August 3, as authorized by the Federal Agriculture Im- milk or cows producing such milk and manu- 1956 (7 U.S.C. 428a); purchase and erection or provement and Reform Act of 1996 (7 U.S.C. facturers of dairy products who have been di- alternation or improvement of permanent 6933), $62,198,000: Provided, That not to exceed rected to remove their milk or dairy prod- and temporary buildings; and operation and $700 shall be available for official reception ucts from commercial markets because it maintenance of aircraft, $619,392,000, to re- and representation expenses, as authorized contained residues of chemicals registered main available until expended (7 U.S.C. by 7 U.S.C. 1506(i). and approved for use by the Federal Govern- 2209b), of which not less than $5,835,000 is for ment, and in making indemnity payments CORPORATIONS snow survey and water forecasting and not for milk, or cows producing such milk, at a The following corporations and agencies less than $8,825,000 is for operation and estab- fair market value to any dairy farmer who is are hereby authorized to make expenditures, lishment of the plant materials centers: Pro- directed to remove his milk from commer- within the limits of funds and borrowing au- vided, That appropriations hereunder shall be cial markets because of (1) the presence of thority available to each such corporation or available pursuant to 7 U.S.C. 2250 for con- products of nuclear radiation or fallout if agency and in accord with law, and to make struction and improvement of buildings and such contamination is not due to the fault of contracts and commitments without regard public improvements at plant materials cen- the farmer, or (2) residues of chemicals or to fiscal year limitations as provided by sec- ters, except that the cost of alterations and toxic substances not included under the first tion 104 of the Government Corporation Con- improvements to other buildings and other sentence of the Act of August 13, 1968, as trol Act, as amended, as may be necessary in public improvements shall not exceed amended (7 U.S.C. 450j), if such chemicals or carrying out the programs set forth in the $250,000: Provided further, That when build- toxic substances were not used in a manner budget for the current fiscal year for such ings or other structures are erected on non- H6174 CONGRESSIONAL RECORD — HOUSE June 11, 1996 Federal land, that the right to use such land tion and development and for sound land use useful in my district providing housing is obtained as provided in 7 U.S.C. 2250a: Pro- pursuant to the provisions of section 32(e) of for low income families, creating jobs, vided further, That this appropriation shall title III of the Bankhead-Jones Farm Tenant and attracting important economic de- be available for technical assistance and re- Act, as amended (7 U.S.C. 1010–1011; 76 Stat. velopment to a rural area. It has been lated expenses to carry out programs author- 607), the Act of April 27, 1935 (16 U.S.C. 590a– ized by section 202(c) of title II of the Colo- f), and the Agriculture and Food Act of 1981 a successful public-private partnership. rado River Basin Salinity Control Act of (16 U.S.C. 3451–3461), $29,377,000, to remain Therefore, I wish to express some con- 1974, as amended (43 U.S.C. 1592(c)): Provided available until expended (7 U.S.C. 2209b): Pro- cern about this issue. further, That no part of this appropriation vided, That this appropriation shall be avail- Mr. Chairman, as you know, the sec- may be expended for soil and water conserva- able for employment pursuant to the second tion 515 Rural Housing program pro- tion operations under the Act of April 27, sentence of section 706(a) of the Organic Act vides affordable rental housing to very 1935 (16 U.S.C. 590a–590f) in demonstration of 1944 (7 U.S.C. 2225), and not to exceed low-income and low-income rural fami- projects: Provided further, That this appro- $50,000 shall be available for employment lies, handicapped, and elderly resi- priation shall be available for employment under 5 U.S.C. 3109. dents. It is the Federal Government’s pursuant to the second sentence of section FORESTRY INCENTIVES PROGRAM 706(a) of the Organic Act of 1944 (7 U.S.C. only directly targeted tool for meeting For necessary expenses, not otherwise pro- 2225) and not to exceed $25,000 shall be avail- the multifamily housing needs of rural vided for, to carry out the program of for- able for employment under 5 U.S.C. 3109: Pro- America. The average income of a ten- estry incentives, as authorized in the Coop- vided further, That qualified local engineers erative Forestry Assistance Act of 1978 (16 ant in a section 515 project is under may be temporarily employed at per diem U.S.C. 2101), including technical assistance $7,300. However, in 1993, problems and rates to perform the technical planning work and related expenses, $6,325,000, to remain abuses in the section 515 program were of the Service (16 U.S.C. 590e–2). available until expended, as authorized by uncovered and investigated by the Gen- Mr. SKEEN. Mr. Chairman, I ask that Act. eral Accounting Office [GAO], the unanimous consent that the remainder The CHAIRMAN. The Clerk will read. House Appropriations Committee’s sur- of title II, through page 34, line 7, be The Clerk read as follows: veys and investigations staff, and the considered as read, printed in the TITLE III—RURAL ECONOMIC AND U.S. Department of Agriculture’s in- RECORD, and open to amendment at COMMUNITY DEVELOPMENT PROGRAMS spector general. In the summer of 1994, any point. OFFICE OF THE UNDER SECRETARY FOR RURAL the House Appropriations Committee The CHAIRMAN. Is there objection DEVELOPMENT investigative report on section 515 and to the request of the gentleman from For necessary salaries and expenses of the section 521 was released, under the gen- New Mexico? Office of the Under Secretary for Rural De- tleman’s and Congressman DURBIN’s There was no objection. velopment to administer programs under the leadership. The remainder of title II is as fol- laws enacted by the Congress for the Rural Without going into a great deal of de- lows: Housing Service, Rural Business-Cooperative tail, after hearings, audits, and many WATERSHED SURVEYS AND PLANNING Service, and the Rural Utilities Service of meetings, the House passed H.R. 3838, For necessary expenses to conduct re- the Department of Agriculture, $588,000. the Housing and Community Develop- search, investigation, and surveys of water- RURAL HOUSING SERVICE ment Act of 1994. This effort developed sheds of rivers and other waterways, and for RURAL HOUSING INSURANCE FUND PROGRAM small watershed investigations and planning, a list of reforms to the section 515 pro- ACCOUNT (INCLUDING TRANSFERS OF FUNDS) in accordance with the Watershed Protection gram. The House again passed a bill in and Flood Prevention Act approved August For gross obligations for the principal this Congress, H.R. 1691, the Home- 4, 1954, as amended (16 U.S.C. 1001–1009), amount of direct and guaranteed loans as au- steading and Neighborhood Restoration $10,762,000: Provided, That this appropriation thorized by title V of the Housing Act of Act, which included similar provisions 1949, as amended, to be available from funds shall be available for employment pursuant to the reforms in H.R. 3838. Unfortu- to the second sentence of section 706(a) of in the rural housing insurance fund, as fol- lows: $3,300,000,000 for loans to section 502 nately, however, the Senate has not the Organic Act of 1944 (7 U.S.C. 2225), and taken any action on this issue. not to exceed $110,000 shall be available for borrowers, as determined by the Secretary, employment under 5 U.S.C. 3109. of which $2,300,000,000 shall be for Mr. Chairman, the gentleman and unsubsidized guaranteed loans; $35,000,000 for ranking minority member, Mr. DURBIN, WATERSHED AND FLOOD PREVENTION section 504 housing repair loans; $15,000,000 OPERATIONS are to be commended for bringing these for section 514 farm labor housing; $58,654,000 problems to our attention. The section For necessary expenses to carry out pre- for section 515 rental housing; $600,000 for ventive measures, including but not limited 515 program is in need of reform. section 524 site loans; $50,000,000 for credit However, according to the 1990 cen- to research, engineering operations, methods sales of acquired property; and $600,000 for of cultivation, the growing of vegetation, re- section 523 self-help housing land develop- sus, there were still 7.6 million people habilitation of existing works and changes in ment loans. below the poverty line in the rural use of land, in accordance with the Water- For the cost of direct and guaranteed United States, 13 percent of the total shed Protection and Flood Prevention Act loans, including the cost of modifying loans, rural population. Adding to this prob- approved August 4, 1954, as amended (16 as defined in section 502 of the Congressional lem is the fact that almost 2.7 million U.S.C. 1001–1005, 1007–1009), the provisions of Budget Act of 1974, as follows: section 502 rural residents currently live in sub- the Act of April 27, 1935 (16 U.S.C. 590a–f), and loans, $89,210,000, of which $6,210,000 shall be in accordance with the provisions of laws re- standard housing and 1.8 million live in for unsubsidized guaranteed loans; section overcrowded housing units. This year lating to the activities of the Department, 504 housing repair loans, $11,081,000; section $101,036,000, to remain available until ex- 514 farm labor housing, $6,885,000; section 515 there are 200,000 applicants on the pended (7 U.S.C. 2209b), of which up to rental housing, $28,987,000: Provided, That no waiting list for apartments in rural $15,000,000 may be available for the water- funds for new construction for section 515 areas. The section 515 program is serv- sheds authorized under the Flood Control rental housing may be available for fiscal ing a significant rural need, and the Act approved June 22, 1936 (33 U.S.C. 701, 16 year 1997; credit sales of acquired property, fiscal year 1997 level of funding is not U.S.C. 1006a), as amended and supplemented: $4,050,000; and section 523 self-help housing adequate to meet even a fraction of Provided, That this appropriation shall be land development loans, $17,000. available for employment pursuant to the that need. second sentence of section 706(a) of the Or- Mr. WALSH. Mr. Chairman, I move I might add that most States, includ- ganic Act of 1944 (7 U.S.C. 2225), and not to to strike the last word. ing New York, are running the program exceed $200,000 shall be available for employ- Mr. Speaker, my purpose in rising honestly and effectively, and, Mr. ment under 5 U.S.C. 3109: Provided further, today is to enter into a colloquy with Chairman, I agree with you the Senate That not to exceed $1,000,000 of this appro- my chairman, the gentleman from New needs to address this issue. It is my in- priation is available to carry out the pur- Mexico [Mr. SKEEN] regarding the sec- tention to discuss the reform of the poses of the Endangered Species Act of 1973 tion 515 rural rental housing program. section 515 program with Senator (Public Law 93–205), as amended, including cooperative efforts as contemplated by that As my colleague knows, the fiscal ALFONSE D’AMATO, chairman of the Act to relocate endangered or threatened year 1997 Agriculture Appropriations Senate Banking Committee. It is my species to other suitable habitats as may be bill we are now considering, does not hope that reasonable reforms of the necessary to expedite project construction. provide any funds for section 515 new section 515 program can be considered RESOURCE CONSERVATION AND DEVELOPMENT construction, and actually cuts the in the Senate agriculture appropria- For necessary expenses in planning and program by two thirds from the cur- tions bill or other housing authoriza- carrying out projects for resource conserva- rent fiscal year. This program has been tion legislation. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6175 Mr. Chairman, I would like to re- tion 515 has been beset with problems, ing for domestic farm labor grants, super- quest that if the Senate does consider as mentioned in the colloquies that visory and technical assistance grants, very reforms of the section 515 Rural Rental have taken place before this one. The low-income housing repair grants, rural com- Housing Program, if the gentleman Agency, through administrative ac- munity fire protection grants, rural housing preservation grants, and compensation for would be willing to reopen the issue, tions, has addressed numerous weak- construction defects of the Rural Housing and provide funding for section 515 new nesses in the program, however, statu- Service: Provided, That the cost of direct construction. tory changes are necessary to further loans and loan guarantees shall be as defined Mr. DURBIN. Mr. Chairman, will the rid the program of fraud and abuse. in section 502 of the Congressional Budget gentleman yield? The House has acted twice on the re- Act of 1974, as amended: Provided further, Mr. WALSH. I yield to the gentleman forms. It is now time for the Senate to That the amounts appropriated shall be from Illinois. act. Of course, we would be willing to transferred to loan program and grant ac- Mr. DURBIN. Mr. Chairman, I thank consider the gentleman’s request once counts as determined by the Secretary: Pro- the gentleman from New York [Mr. vided further, That no funds for new con- we have seen movement by the Senate struction relating to 515 rental housing may WALSH]. I appreciate his concern about on this particular program. be available for fiscal year 1997: Provided fur- the funding of section 515, new con- Mr. WALSH. Mr. Chairman, I pledge ther, That of the funds made available in this struction. that I will pursue this aggressively paragraph not more than $1,200,000 shall be The 515 program has a worthy objec- with the Senator from New York and available for the multi-family rural housing tive. It is a goal which all of us share see if we can get these reforms passed. loan guarantee program as authorized by in providing multifamily housing in The CHAIRMAN. The Clerk will read. section 5 of Public Law 104–120: Provided fur- rural areas. The Clerk read as follows: ther, That if such funds are not obligated for multi-family rural housing loan guarantees Several years ago, when this sub- In addition, for administrative expenses committee investigated this program, by June 30, 1997, they remain available for necessary to carry out the direct and guar- other authorized purposes under this head: we found that some developers were anteed loan programs, $366,205,000, which Provided further, That of the total amount ripping off the Federal Government. shall be transferred to and merged with the appropriated, not to exceed $1,200,000 shall be We proposed to the Committee on appropriation for ‘‘Rural Housing Service, available for the cost of direct loans, loan Banking and Financial Services some Salaries and Expenses’’. guarantees, and grants to be made available significant reforms in this program. Mr. SKEEN. Mr. Chairman, I ask for empowerment zones and enterprise com- The Committee on Banking and Finan- unanimous consent that the remainder munities as authorized by Public Law 103–66: cial Services passed housing authoriza- of title III through page 46, line 10, be Provided further, That if such funds are not tion bills which adopted most of what considered as read, printed in the obligated for empowerment zones and enter- prise communities by June 30, 1997, they re- we proposed on a bipartisan basis. Then RECORD and open to amendment at any main available for other authorized purposes a new Congress came in. The same point. under this head. thing occurred under the new Congress. The CHAIRMAN. Is there any objec- SALARIES AND EXPENSES The Republican-controlled Banking tion to the request of the gentleman For necessary expenses of the Rural Hous- Subcommittee on Housing, which I be- from New Mexico. ing Service, including administering the pro- lieve the gentleman from New York There was no objection. grams authorized by the Consolidated Farm [Mr. LAZIO] chairs, passed reform legis- The remainder of title III is as fol- and Rural Development Act, as amended, lation along the lines we have sug- lows: title V of the Housing Act of 1949, as amend- gested. Again, as in the previous Con- RENTAL ASSISTANCE PROGRAM ed, and cooperative agreements, $53,889,000: Provided, That this appropriation shall be gress, the bill died in the Senate. For rental assistance agreements entered available for employment pursuant to the This subcommittee is very frus- into or renewed pursuant to the authority second sentence of 706(a) of the Organic Act trated. We want to fund this program. under section 521(a)(2) or agreements entered of 1944, and not to exceed $520,000 may be into in lieu of debt forgiveness or payments We do not want to waste taxpayers’ used for employment under 5 U.S.C. 3109. dollars. If we can pass the reforms sug- for eligible households as authorized by sec- RURAL BUSINESS-COOPERATIVE SERVICE gested in both bills, this program will tion 502(c)(5)(D) of the Housing Act of 1949, as be funded as it should be. The gen- amended, $493,870,000; and in addition such RURAL DEVELOPMENT LOAN FUND PROGRAM sums as may be necessary, as authorized by ACCOUNT tleman from New York is right. We section 521(c) of the Act, to liquidate debt in- (INCLUDING TRANSFERS OF FUNDS) need to meet our obligation here, but curred prior to fiscal year 1992 to carry out For the cost of direct loans, $18,400,000, as to do it in a way that we can do it with the rental assistance program under section authorized by the Rural Development Loan a straight face and say we are doing 521(a)(2) of the Act: Provided, That of this Fund (42 U.S.C. 9812(a)): Provided, That such amount not more than $5,900,000 shall be the right thing by taxpayers. costs, including the cost of modifying such available for debt forgiveness or payments I am pleased that the gentleman in- loans, shall be as defined in section 502 of the for eligible households as authorized by sec- tends to speak to the chairman of the Congressional Budget Act of 1974: Provided tion 502(c)(5)(D) of the Act, and not to exceed Senate Committee on Banking. The op- further, That these funds are available to $10,000 per project for advances to nonprofit subsidize gross obligations for the principal portunity to put this program on track organizations or public agencies to cover di- amount of direct loans of $40,000,000: Provided is in their hands, and I would like to rect costs (other than purchase price) in- further, That through June 30, 1997, of the see the Senate act on those reforms. curred in purchasing projects pursuant to total amount appropriated $3,345,000 shall be The CHAIRMAN. The time of the section 502(c)(5)(C) of the Act: Provided fur- available for the cost of direct loans, for gentleman from New York [Mr. WALSH] ther, That agreements entered into or re- empowerment zones and enterprise commu- newed during fiscal year 1997 shall be funded has expired. nities, as authorized by title XIII of the Om- for a five-year period, although the life of (By unanimous consent, Mr. WALSH nibus Budget Reconciliation Act of 1993, to any such agreement may be extended to was allowed to proceed for 1 additional subsidize gross obligations for the principal fully utilize amounts obligated. minute.) amount of direct loans, $7,246,000. MUTUAL AND SELF-HELP HOUSING GRANTS Mr. WALSH. Mr. Chairman, I yield to RURAL ECONOMIC DEVELOPMENT LOANS the gentleman from New Mexico [Mr. For grants and contracts pursuant to sec- PROGRAM ACCOUNT tion 523(b)(1)(A) of the Housing Act of 1949 (42 SKEEN]. (INCLUDING TRANSFERS OF FUNDS) Mr. SKEEN. Mr. Chairman, I, too, ap- U.S.C. 1490c), $26,000,000, to remain available until expended (7 U.S.C. 2209b). For the principal amount of direct loans, preciate the gentleman’s concern and as authorized under section 313 of the Rural RURAL HOUSING ASSISTANCE PROGRAM support the goal of the section 515 pro- Electrification Act, for the purpose of pro- gram. (INCLUDING TRANSFERS OF FUNDS) moting rural economic development and job Unfortunately, our lower allocation For the cost of direct loans, loan guaran- creation projects, $12,865,000. for the entire appropriations bill this tees, agreements, and grants, as authorized For the cost of direct loans, including the year necessitated a careful review of by 7 U.S.C. 1926, 42 U.S.C. 1472, 1474, 1479, 1486, cost of modifying loans as defined in section our funding priorities. We simply do and 1490(a), except for sections 381E, 381H, 502 of the Congressional Budget Act of 1974, 381N of the Consolidated Farm and Rural De- $2,830,000. In addition, for administrative ex- not have the ability to fund programs velopment Act, $73,190,000, to remain avail- penses necessary to carry out the direct loan about which we are uneasy. While able until expended, for direct loans and loan program, $654,000, which shall be transferred many members of our subcommittee guarantees for community facilities, com- to and merged with the appropriation for support rural housing programs, sec- munity facilities grant program, rural hous- ‘‘Salaries and Expenses.’’ H6176 CONGRESSIONAL RECORD — HOUSE June 11, 1996

ALTERNATIVE AGRICULTURAL RESEARCH AND $300,000,000, and rural telecommunications, Rural Development Act, as amended: Pro- COMMERCIALIZATION REVOLVING FUND $120,000,000, to remain available until ex- vided further, That, of the total amount ap- For necessary expenses to carry out the pended. propriated, not to exceed $5,000,000 shall be Alternative Agricultural Research and Com- For the cost, as defined in section 502 of available for contracting with qualified na- mercialization Act of 1990 (7 U.S.C. 5901– the Congressional Budget Act of 1974, includ- tional organizations for a circuit rider pro- 5908), $6,000,000 is appropriated to the alter- ing the cost of modifying loans, of direct and gram to provide technical assistance for native agricultural research and commer- guaranteed loans authorized by the Rural rural water systems: Provided further, That cialization revolving fund. Electrification Act of 1936, as amended (7 an amount not less than that available in U.S.C. 935), as follows: cost of direct loans, fiscal year 1996 be set aside and made avail- RURAL BUSINESS—COOPERATIVE ASSISTANCE $4,818,000; cost of municipal rate loans, able for ongoing technical assistance under PROGRAM $28,245,000; cost of money rural telecommuni- sections 306(a)(14) (7 U.S.C. 1926) and 310(B)(b) (INCLUDING TRANSFERS OF FUNDS) cations loans, $60,000; cost of loans guaran- of the Consolidated Farm and Rural Develop- For the cost of direct loans, loan guaran- teed pursuant to section 306, $2,790,000: Pro- ment Act (7 U.S.C. 1932). tees, and grants, as authorized by 7 U.S.C. vided, That notwithstanding section 305(d)(2) SALARIES AND EXPENSES 1926, 1928, and 1932, except for 381E, 381H, of the Rural Electrification Act of 1936, bor- For necessary expenses of the Rural Utili- 381N of the Consolidated Farm and Rural De- rower interest rates may exceed 7 percent ties Service, including administering the velopment Act, $51,400,000, to remain avail- per year. programs authorized by the Rural Elec- able until expended, for direct loans and loan In addition, for administrative expenses trification Act of 1936, as amended, and the guarantees for business and industry assist- necessary to carry out the direct and guar- Consolidated Farm and Rural Development ance, rural business grants, rural coopera- anteed loan programs, $29,982,000, which shall Act, as amended, and cooperative agree- tive development grants, and rural business be transferred to and merged with the appro- ments, $33,195,000: Provided, That this appro- opportunity grants of the Rural Business— priation for ‘‘Salaries and Expenses.’’ priation shall be available for employment Cooperative Service: Provided, That the cost RURAL TELEPHONE BANK PROGRAM ACCOUNT pursuant to the second sentence of 706(a) of of direct loans and loan guarantees shall be The Rural Telephone Bank is hereby au- the Organic Act of 1944, and not to exceed as defined in section 502 of the Congressional thorized to make such expenditures, within $105,000 may be used for employment under 5 Budget Act of 1974, as amended: Provided fur- the limits of funds available to such corpora- U.S.C. 3109. ther, That $500,000 shall be available for tion in accord with law, and to make such The CHAIRMAN. Are there any grants to qualified nonprofit organizations contracts and commitments without regard amendments? as authorized under section 310B(c)(2) of the to fiscal year limitations as provided by sec- Consolidated Farm and Rural Development If not, the Clerk will read. tion 104 of the Government Corporation Con- The Clerk read as follows: Act (7 U.S.C. 1932): Provided further, That the trol Act, as amended, as may be necessary in TITLE IV amounts appropriated shall be transferred to carrying out its authorized programs for the loan program and grant accounts as deter- current fiscal year. During fiscal year 1997 DOMESTIC FOOD PROGRAMS mined by the Secretary: Provided further, and within the resources and authority OFFICE OF THE UNDER SECRETARY FOR FOOD, That, of the total amount appropriated, not available, gross obligations for the principal NUTRITION AND CONSUMER SERVICES to exceed $3,000,000 shall be available for co- amount of direct loans shall be $175,000,000. For necessary salaries and expenses of the operative development: Provided further, For the cost, as defined in section 502 of Office of the Under Secretary for Food, Nu- That, of the total amount appropriated, not the Congressional Budget Act of 1974, includ- trition and Consumer Services to administer to exceed $148,000 shall be available for the ing the cost of modifying loans, of direct the laws enacted by the Congress for the cost of direct loans, loan guarantees, and loans authorized by the Rural Electrification Food and Consumer Service, $454,000. grants to be made available for business and Act of 1936, as amended (7 U.S.C. 935), industry loans for empowerment zones and CHILD NUTRITION PROGRAMS $2,328,000. (INCLUDING TRANSFERS OF FUNDS) enterprise communities as authorized by In addition, for administrative expenses Public Law 103–66 and rural development necessary to carry out the loan programs, For necessary expenses to carry out the loans for empowerment zones and enterprise $3,500,000. National School Lunch Act (42 U.S.C. 1751– communities as authorized by title XIII of 1769b), except section 21, and the Child Nutri- DISTANCE LEARNING AND MEDICAL LINK the Omnibus Budget Reconciliation Act of tion Act of 1966 (42 U.S.C. 1772–1785, and 1889); PROGRAM 1993: Provided further, That if such funds are except sections 17 and 19; $8,652,597,000, to re- not obligated for empowerment zones and en- For the cost of direct loans and grants, as main available through September 30, 1998, terprise communities by June 30, 1997, they authorized by 7 U.S.C. 950aaa et seq., as of which $3,218,844,000 is hereby appropriated remain available for other authorized pur- amended, $7,500,000, to remain available until and $5,433,753,000 shall be derived by transfer poses under this head. expended, to be available for loans and from funds available under section 32 of the grants for telemedicine and distance learn- SALARIES AND EXPENSES Act of August 24, 1935 (7 U.S.C. 612c); Pro- ing services in rural areas: Provided, That vided, That none of the funds made available For necessary expenses of the Rural Busi- the costs of direct loans shall be as defined under this heading shall be used for studies ness-Cooperative Service, including admin- in section 502 of the Congressional Budget and evaluations; Provided further; That up to istering the programs authorized by the Con- Act of 1974. $4,031,000 shall be available for independent solidated Farm and Rural Development Act, RURAL UTILITIES ASSISTANCE PROGRAM verification of school food service claims. as amended; section 1323 of the Food Secu- rity Act of 1985; the Cooperative Marketing (INCLUDING TRANSFERS OF FUNDS) b 1700 Act of 1926; for activities relating to the For the cost of direct loans, loan guaran- AMENDMENTS OFFERED BY MR. VOLKMER marketing aspects of cooperatives, including tees, and grants, as authorized by 7 U.S.C. economic research findings, as authorized by 1926, 1928, and 1932, except for 381E, 381H, Mr. VOLKMER. Mr. Chairman, I offer the Agricultural Marketing Act of 1946; for 381N of the Consolidated Farm and Rural De- amendments, and I ask unanimous con- activities with institutions concerning the velopment Act, $496,868,000, to remain avail- sent that they be considered en bloc. development and operation of agricultural able until expended, for direct loans and loan The Clerk read as follows: cooperatives; and cooperative agreements; guarantees and grants for rural water and Amendments offered by Mr. VOLKMER:. $25,680,000: Provided, That this appropriation waste disposal, and solid waste management On page 47, line 4 of the bill after the words shall be available for employment pursuant grants of the Rural Utilities Service: Pro- ‘‘used for’’ insert ‘‘new’’ and on page 48, line to the second sentence of 706(a) of the Or- vided, That the cost of direct loans and loan 19 of the bill after the words ‘‘used for’’ in- ganic Act of 1944, and not to exceed $260,000 guarantees shall be as defined in section 502 sert ‘‘new’’. may be used for employment under 5 U.S.C. of the Congressional Budget Act of 1974, as The CHAIRMAN. Is there objection 3109. amended: Provided further, That the amounts to the request of the gentleman from RURAL UTILITIES SERVICE appropriated shall be transferred to loan pro- gram and grant accounts as determined by Missouri? RURAL ELECTRIFICATION AND TELECOMMUNI- the Secretary: Provided further, That, There was no objection. CATIONS LOANS PROGRAM ACCOUNT through June 30, 1997, of the total amount Mr. VOLKMER. Mr. Chairman, this (INCLUDING TRANSFERS OF FUNDS) appropriated, $18,700,000 shall be available for is for the purpose of making it clear Insured loans pursuant to the authority of the costs of direct loans, loan guarantees, that the appropriation on further stud- section 305 of the Rural Electrification Act and grants to be made available for ies and evaluations by this office over of 1936, as amended (7 U.S.C. 935), shall be empowerment zones and enterprise commu- USDA will only be prospective for the made as follows: 5 percent rural electrifica- nities, as authorized by Public Law 103–66: coming year. It does not include any tion loans, $125,000,000, 5 percent rural tele- Provided further, That, of the total amount evaluation and studies that are ongo- communications loans, $75,000,000; cost of appropriated, not to exceed $18,700,000 shall money rural telecommunications loans, be for water and waste disposal systems to ing at the present time, so that valid $300,000,000; municipal rate rural electric benefit the Colonias along the United States/ studies like for the electronic benefit loans, $525,000,000; and loans made pursuant Mexico border, including grants pursuant to transfer, WIC program, and stuff, that to section 306 of that Act, rural electric, section 306C of the Consolidated Farm and will continue. June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6177 I have worked this out with the gen- be available for nutrition assistance for covered prior years’ costs, including interest tleman from New Mexico and the gen- Puerto Rico as authorized by 7 U.S.C. 2028. thereon, under the Agricultural Trade Devel- tleman from Illinois. I do not believe COMMODITY ASSISTANCE PROGRAM opment and Assistance Act of 1954, as there are any objections to the amend- For necessary expenses to carry out the amended (7 U.S.C. 1691, 1701–1715, 1721–1726, commodity supplemental food program as 1727–1727f, 1731–1736g), as follows: (1) ments. $216,400,000 for Public Law 480 title I credit, Mr. SKEEN. Mr. Chairman, I rise in authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 including Food for Progress programs; (2) support of the gentleman’s amend- U.S.C. 612c (note)), the Emergency Food As- $13,905,000 is hereby appropriated for ocean ments. It was not the intention of the sistance Act of 1983, as amended, and section freight differential costs for the shipment of committee to stop any ongoing studies. 110 of the Hunger Prevention Act of 1988, agricultural commodities pursuant to title I The Department currently has 62 stud- $166,000,000, to remain available through Sep- of said Act and the Food for Progress Act of ies that are at one stage or another and tember 30, 1998: Provided, That none of these 1985, as amended; (3) $837,000,000 is hereby ap- propriated for commodities supplied in con- plans to start 36 new studies in fiscal funds shall be available to reimburse the Commodity Credit Corporation for commod- nection with dispositions abroad pursuant to year 1997. The committee’s action was ities donated to the program. title II of said Act; and (4) $29,500,000 is here- intended to prevent the start of new FOOD DONATIONS PROGRAMS FOR SELECTED by appropriated for commodities supplied in connection with dispositions abroad pursu- studies for 1 year and give the Depart- GROUPS ant to title III of said Act: Provided, That not ment time to complete the 62 ongoing For necessary expenses to carry out sec- to exceed 15 percent of the funds made avail- studies. I accept the gentleman’s clari- tion 4(a) of the Agriculture and Consumer able to carry out any title of said Act may fication. Protection Act of 1973 (7 U.S.C. 612c (note)), be used to carry out any other title of said section 4(b) of the Food Stamp Act (7 U.S.C. Mr. DURBIN. Mr. Chairman, I move Act: Provided further, That such sums shall 2013(b)), and section 311 of the Older Ameri- to strike the last word. I have no objec- remain available until expended (7 U.S.C. cans Act of 1965, as amended (42 U.S.C. 3030a), tion to the amendments offered by the 2209b). gentleman from Missouri. $205,000,000, to remain available through Sep- For the cost, as defined in section 502 of tember 30, 1998. The CHAIRMAN. The question is on the Congressional Budget Act of 1974, of di- the amendments offered by the gen- FOOD PROGRAM ADMINISTRATION rect credit agreements as authorized by the For necessary administrative expenses of Agricultural Trade Development and Assist- tleman from Missouri [Mr. VOLKMER]. the domestic food programs funded under ance Act of 1954, as amended, and the Food The amendments were agreed to. this Act, $104,487,000, of which $5,000,000 shall for Progress Act of 1985, as amended, includ- The CHAIRMAN. The Clerk will read. be available only for simplifying procedures, ing the cost of modifying credit agreements The Clerk read as follows: reducing overhead costs, tightening regula- under said Act, $177,000,000. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM tions, improving food stamp coupon han- In addition, for administrative expenses to FOR WOMEN, INFANTS, AND CHILDREN (WIC) dling, and assistance in the prevention, iden- carry out the Public Law 480 title I credit For necessary expenses to carry out the tification, and prosecution of fraud and other program, and the Food for Progress Act of special supplemental nutrition program as violations of law: Provided, That this appro- 1985, as amended, to the extent funds appro- authorized by section 17 of the Child Nutri- priation shall be available for employment priated for Public Law 480 are utilized, tion Act of 1966 (42 U.S.C. 1786), $3,729,807,000, pursuant to the second sentence of section $1,750,000. to remain available through September 30, 706(a) of the Organic Act of 1944 (7 U.S.C. AMENDMENT OFFERED BY MR. GOSS 1998: Provided, That none of the funds made 2225), and not to exceed $150,000 shall be Mr. GOSS. Mr. Chairman, I offer an available under this heading may be used to available for employment under 5 U.S.C. amendment. begin more than two studies and evalua- 3109. The CHAIRMAN. The Clerk will des- tions: Provided further, That up to $6,750,000 TITLE V ignate the amendment. may be used to carry out the farmers’ mar- FOREIGN ASSISTANCE AND RELATED The text of the amendment is as fol- ket nutrition program from any funds not PROGRAMS lows: needed to maintain current caseload levels: FOREIGN AGRICULTURAL SERVICE AND Amendment No. 4 offered by Mr. GOSS: Provided further, That, of the total amount of GENERAL SALES MANAGER Page 51, line 23, strike ‘‘1727–1727f,’’. fiscal year 1996 carryover funds that cannot (INCLUDING TRANSFERS OF FUNDS) Page 52, line 4, insert ‘‘and’’ before ‘‘(3)’’. be spent in fiscal year 1997, any funds in ex- For necessary expenses of the Foreign Ag- Page 52, line 7, strike ‘‘; and (4)’’ and all cess of $100,000,000 may be transferred by the ricultural Service, including carrying out that follows through ‘‘Act’’ on line 9. Secretary to other programs in the Depart- title VI of the Agricultural Act of 1954, as Page 52, line 11, insert ‘‘such’’ before ment of Agriculture, excluding the Forest amended (7 U.S.C. 1761–1768), market develop- ‘‘title’’. Service, with prior notification to the House ment activities abroad, and for enabling the Page 52, line 12, insert ‘‘such’’ before and Senate Appropriations Committees: Pro- Secretary to coordinate and integrate activi- ‘‘title’’. vided further, That none of the funds in this ties of the Department in connection with Mr. GOSS. Mr. Chairman, this Act shall be available to pay administrative foreign agricultural work, including not to amendment goes to title III of Public expenses of WIC clinics except those that exceed $128,000 for representation allowances Law 480. We have taken a close look at have an announced policy of prohibiting and for expenses pursuant to section 8 of the smoking within the space used to carry out Public Law 480. There are some pluses Act approved August 3, 1956 (7 U.S.C. 1766), and minuses to it. The pluses that we the program: Provided further, That none of $128,005,000, of which $2,792,000 may be trans- the funds provided in this account shall be ferred from the Export Loan Program ac- have talked about in the past are the available for the purchase of infant formula count in this Act, and $1,005,000 may be business for American flag shipping, except in accordance with the cost contain- transferred from the Public Law 480 program the compassion and humanitarian re- ment and competitive bidding requirements account in this Act: Provided, That the Serv- lief that so many are concerned about specified in section 17 of the Child Nutrition ice may utilize advances of funds, or reim- and the champion, the gentleman from Act of 1966 (42 U.S.C. 1786). burse this appropriation for expenditures Ohio [Mr. HALL], spoke so eloquently FOOD STAMP PROGRAM made on behalf of Federal agencies, public about it yesterday in the Rules Com- For necessary expenses to carry out the and private organizations and institutions mittee and an area which I have a Food Stamp Act (7 U.S.C. 2011–2029), under agreements executed pursuant to the agricultural food production assistance pro- great deal of sympathy. $27,615,029,000: Provided, That funds provided Mr. Chairman, this amendment was herein shall remain available through Sep- grams (7 U.S.C. 1736) and the foreign assist- ance programs of the International Develop- to go to title III which is basically the tember 30, 1997, in accordance with section loans proposition in Public Law 40. It 18(a) of the Food Stamp Act: Provided further, ment Cooperation Administration (22 U.S.C. That $100,000,000 of the foregoing amount 2392): Provided further, That funds provided does not touch the humanitarian pro- shall be placed in reserve for use only in such for foreign market development to trade as- grams in title II or some of the other amounts and at such times as may become sociations, cooperatives and small businesses programs that I think serve a very necessary to carry out program operations: shall be allocated only after a competitive good purpose in title I that basically Provided further, That none of the funds made bidding process to target funds to those enti- come under the grants programs. available under this heading shall be used for ties most likely to generate additional U.S. The question here is not an awful lot studies and evaluations: Provided further, exports as a result of the expenditure. None of the funds in the foregoing para- of money but the question here is a That funds provided herein shall be expended program that is not working very well in accordance with section 16 of the Food graph shall be available to promote the sale or export of tobacco or tobacco products. that does have negative consequences Stamp Act: Provided further, That this appro- priation shall be subject to any work reg- PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS and the money could be better spent istration or workfare requirements as may (INCLUDING TRANSFERS OF FUNDS) elsewhere. I have conferred with Chair- be required by law: Provided further, That For expenses during the current fiscal man LIVINGSTON if in fact this $29 mil- $1,174,000,000 of the foregoing amount shall year, not otherwise recoverable, and unre- lion would not do better in title I or H6178 CONGRESSIONAL RECORD — HOUSE June 11, 1996 title II than title III and I think Chair- speechless, and that is something for a Mr. DURBIN. Let me reclaim my man LIVINGSTON is going to speak on politician, when I consider that we are time. I think the gentleman has made that in a moment. now trying to take away $29 million his point. I think the gentleman needs So my view is to zero out title III and spent by the United States of America to take the time to read what is done to leave to the wisdom of others, who I in the poorest countries of the world, with the title III money. The gen- think, as I say, are going to speak on literally the poorest of the poor. The tleman will understand that when you this, that $29.5 million to get it more money is given to professional private spread $29 million over the poorest on target. voluntary organizations which use the countries in the world, you literally What are my reasonings on this? We food to convert into cash to put into give a tiny helping hand. have now got some reports that we programs to feed the poorest people in Let me give an example. In Hon- have been taking an increasing look at the world literally. duras, the title III money is being used that are talking about the problems of In order for a country to qualify for for purposes such as providing food to waste, fraud, and abuse in Public Law this $29 million, I say to my friend 1.3 million children and nursing moth- 480. This does not get to all of those. from Florida, there is a requirement ers. In Sri Lanka they have developed But what it does get to is that those under the law that the annual income a Food Stamp Program for the poorest countries where we are distorting the has to be less than $742 a year. We are of the poor who live in rural areas; in market by creating a surplus of food talking about people, and I have visited Bangladesh, establishing a strategic coming from us where the people who people in Bangladesh, which has to be a food reserve so that farmers can basi- should be in the position of creating, a basket case among this family of na- cally have food when they go through lifting up by their own bootstraps to tions that we live in for disastrous con- these droughts and lose everything. feed themselves are being unfairly sequences from cyclones and hurri- I would say to the gentleman, if we competed with by local UST foods canes to flooding and drought. need to find $29 million more for title I, under title III. Consequently we get a This money is given to local organi- I will work overtime to find it. Please negative effect. We are not helping peo- zations through the conversion of grain do not take it out of title III. We have ple create their own development in into cash and then given back to the cut this program dramatically. It is a their own country. We are creating a people to feed their babies, to feed program that truly is a compassionate counterincentive for them to have their infants. to make certain that we program. I have been there. I have seen their hand out and become dependents do not see the horror on the television it. The gentleman just does not under- on welfare of the American taxpayers. of people starving to death. That is stand the gravity of this program and That is not what we want to do. what title III is all about. its importance to some of the poorest We want to encourage development Mr. Chairman, the grain companies people in the world. are not going to notice $29 million in these programs; we want the United I urge my colleagues, do not do this more in title I, but we are going to no- States to be compassionate; we want in the name of false economy. If we tice it when they visit countries like people to be fed who are in true need have a famine and a disaster, we will Bangladesh, Bolivia, Honduras, Sri and in true hunger and we can do that respond with much more than $29 mil- Lanka, and Ethiopia where the poorest through titles I and II. This simple lion. Please defeat this amendment. of the poor rely on this program. A na- amendment takes the $29.5 million out Mr. LIVINGSTON. Mr. Chairman, I tion as rich as the United States, as of title III and makes it available for move to strike the requisite number of compassionate as the United States, reallocation. words, and I yield to the gentleman can surely spare $29 million out of a Mr. Chairman, I yield to the distin- from Florida [Mr. GOSS]. $1.5 trillion budget for the poorest of guished gentleman from Louisiana [Mr. Mr. GOSS. I thank the distinguished the poor around the world. chairman of the Committee on Appro- LIVINGSTON], the chairman of the Com- I guarantee my colleague from Flor- mittee on Appropriations. priations for yielding. ida that if his amendment goes through Mr. Chairman, again I think we are Mr. LIVINGSTON. I thank my friend and we see the kind of famine and dis- from Florida for yielding to me. going at cross purposes here and I real- aster we have seen in nations, there ize that I have hit a chord of real com- Mr. Chairman, while I take no posi- will be an outpouring not only from tion on his amendment, I would say to passion which has made the gentleman private citizens but from this Govern- be, I think, very concerned but totally our colleagues that if his amendment ment to come to their aid. Please do unnecessarily so. We have a commit- succeeds, it would be my intention to not cut off this basic program which ment from the chairman of the Com- take the full amount that has been de- provides food. This is not a boondoggle. leted from title III and move it into The gentleman says it is used to dis- mittee on Appropriations that pro- title I so that we would in fact have no tort the market mechanism. The mar- grams that are passing muster, which change in the overall spending for food ket mechanism in Bangladesh? Has the are titles I and II, much better in get- aid under the bill. gentleman been there? Has he seen ting right to the compassion need are One may make the case that title I is their market mechanism? It is not a the appropriate place for this money to better administered than title III, and question of driving to the supermarket. go. if that is the case, then the money will It is a question of whether the baby has What brought my attention to this be better spent in that fashion. I com- milk, whether or not there are basic particular title problem was a problem mend the gentleman for his diligence foodstuffs to feed children. that happened in Somalia where the in trying to make sure that the Amer- Mr. GOSS. Mr. Chairman, will the war lords were abusing this title, I am ican taxpayers’ dollars are well spent. gentleman yield? told, and requiring people to come into As I say, while I do not necessarily sup- Mr. DURBIN. I yield to the gen- the city, for political reasons, in order port the amendment, I do intend to tleman from Florida. to get this food. This was using this move the money to title I in the event Mr. GOSS. Mr. Chairman, the pur- sort of as a political chip to coerce peo- that he is successful. pose of my amendment is not to take ple, who are in dire straits, as we all Mr. GOSS. Mr. Chairman, reclaiming away food from those who are truly know, which helped escalate to another my time, I have nothing further to add needy or in any way to diminish the serious problem that regrettably we to this. I think it is a very straight- American contribution for true com- saw another tragedy involving Amer- forward explanation. I would be very passionate service needs. My aim is to ican servicemen on. We go to the IG’s happy to respond to any questions from try and get more mileage out of our reports at USID on this matter and those in opposition. dollar. That is why Chairman LIVING- start looking at the fraud, waste, and Mr. DURBIN. Mr. Chairman, I move STON has made the statement that he abuse. I have no problem in sharing to strike the last word. has. The parts of this program that are America’s wonderfully blessed abun- Mr. Chairman, I stand in opposition doing the very thing that the gen- dant resources with those truly in to this amendment. Keep in mind that tleman is speaking about, and speaking need, subject, of course, to rational and we have reduced the amount of money so eloquently about, are title I and prudent constraints of our own domes- under title III, Public Law 480, from $50 title II. Title III is where the abuse has tic needs in this country. I am only million to $29 million. I am almost been. It is the mechanism I am after. suggesting that if we have mechanisms June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6179 that are not performing well and we trying in the Committee on Rules to ministration shall be used to implement any find ourselves being taken advantage find a way to get the Committee on rule finalizing the August 25, 1995 proposed of, we see abuse to our largesse being Rules to grant an exception for a waiv- rule entitled ‘‘The Prescription Drug Prod- made, we see our compassion being er that would basically get more uct Labeling; Medication Guide Require- ments,’’ except as to any specific drug or bio- misdirected, we see ourselves being money into title II. We could not do it logical product where the FDA determines taken advantage of, played the fool, on the Committee on Rules, so I that without approved patient information made a sucker of because of our legiti- thought this would be a fair way to try there would be a serious and significant pub- mate compassionate feelings, it seems and accommodate the desires of the lic health risk. to me that we ought to correct the gentleman from Ohio [Mr. HALL]. Section 3 of the Saccharin Study and La- mechanism. That is all I am trying to The CHAIRMAN pro tempore (Mr. beling Act (21 U.S.C 348 nt.) is amended by accomplish here. If we have got some- GOODLATTE). The question is on the striking out ‘‘May 1, 1997’’ and inserting in thing that does not work, we need to amendment offered by the gentleman lieu thereof ‘‘May 1, 2002’’. BUILDINGS AND FACILITIES admit it rather than just saying, ‘‘Oh, from Florida [Mr. GOSS]. gosh, somebody may starve.’’ The amendment was rejected. For plans, construction, repair, improve- ment, extension, alteration, and purchase of b 1715 The CHAIRMAN pro tempore. Are there further amendments to this para- fixed equipment or facilities of or used by the Food and Drug Administration, where The answer is, oh, gosh, we may be graph? able to save more people if we get rid of not otherwise provided, $21,350,000, to remain If not, the Clerk will read. available until expended (7 U.S.C. 2209b). a mechanism that is faulty and put the The Clerk read as follows: money in something that works. That RENTAL PAYMENTS (FDA) COMMODITY CREDIT CORPORATION EXPORT (INCLUDING TRANSFERS OF FUNDS) is all I am trying to say. LOANS PROGRAM ACCOUNT Mr. DURBIN. Mr. Chairman, will the For payment of space rental and related gentleman yield? (INCLUDING TRANSFERS OF FUNDS) costs pursuant to Public Law 92–313 for pro- Mr. LIVINGSTON. I yield to the gen- For administrative expenses to carry out grams and activities of the Food and Drug tleman from Illinois. the Commodity Credit Corporation’s export Administration which are included in this guarantee program, GSM 102 and GSM 103, Act, $46,294,000: Provided, That in the event Mr. DURBIN. I thank the gentleman. $3,381,000; to cover common overhead ex- I would like to say to my friend from the Food and Drug Administration should re- penses as permitted by section 11 of the Com- quire modification of space needs, a share of Florida, I think we share the same modity Credit Corporation Charter Act and the salaries and expenses appropriation may goal. I do not want to see a single in conformity with the Federal Credit Re- be transferred to this appropriation, or a penny wasted. I do not want to see a form Act of 1990, of which not to exceed share of this appropriation may be trans- single taxpayer’s dollar misused for po- $2,792,000 may be transferred to and merged ferred to the salaries and expenses appropria- litical purposes or otherwise. But does with the appropriation for the salaries and tion, but such transfers shall not exceed 5 the gentleman realize in titles I and II expenses of the Foreign Agricultural Serv- percent of the funds made available for rent- we have over $1 billion being spent by ice, and of which not to exceed $589,000 may al payments (FDA) to or from this account. this country? be transferred to and merged with the appro- DEPARTMENT OF THE TREASURY priation for the salaries and expenses of the FINANCIAL MANAGEMENT SERVICE The gentleman is talking about tak- Farm Service Agency. ing $29 million out of title III because PAYMENTS TO THE FARM CREDIT SYSTEM EXPORT CREDIT he is upset with one or two allocations FINANCIAL ASSISTANCE CORPORATION The Commodity Credit Corporation shall around the world. I would say to the For necessary payments to the Farm Cred- make available not less than $5,500,000,000 in it System Financial Assistance Corporation gentleman, I have a list here in my credit guarantees under its export credit by the Secretary of the Treasury, as author- hand of five allocations which he guarantee program extended to finance the ized by section 6.28(c) of the Farm Credit Act should applaud, where this title III export sales of United States agricultural of 1971, as amended, for reimbursement of in- money is being used to literally feed commodities and the products thereof, as au- terest expenses incurred by the Financial As- thorized by section 202 (a) and (b) of the Ag- starving people. sistance Corporation on obligations issued ricultural Trade Act of 1978 (7 U.S.C. 5641). Please, do not kill the whole program through 1994, as authorized $10,290,000. TITLE VI in countries like Ethiopia, Sri Lanka, INDEPENDENT AGENCIES Honduras, Bolivia, and Bangladesh, be- RELATED AGENCIES AND FOOD AND COMMODITY FUTURES TRADING COMMISSION cause you have some objection to what DRUG ADMINISTRATION For necessary expenses to carry out the DEPARTMENT OF HEALTH AND HUMAN happened in Somalia. provisions of the Commodity Exchange Act, SERVICES Mr. GOSS. Mr. Chairman, if the gen- as amended (7 U.S.C. 1 et seq.), including the tleman will yield further, I guess I FOOD AND DRUG ADMINISTRATION purchase and hire of passenger motor vehi- would finish this by saying that hu- SALARIES AND EXPENSES cles; the rental of space (to include multiple manitarian an emergency feeding pro- For necessary expenses of the Food and year leases) in the District of Columbia and grams, which are the type the gen- Drug Administration, including hire and pur- elsewhere; and not to exceed $25,000 for em- tleman are talking about, that come chase of passenger motor vehicles; for rental ployment under 5 U.S.C. 3109; $55,101,000, in- under title III, are going to remain not of special purpose space in the District of Co- cluding not to exceed $1,000 for official recep- only fully funded, but probably en- lumbia or elsewhere; and for miscellaneous tion and representation expenses: Provided, That the Commission is authorized to charge hanced under this amendment. We are and emergency expenses of enforcement ac- tivities, authorized and approved by the Sec- reasonable fees to attendees of Commission going to get more money where the retary and to be accounted for solely on the sponsored educational events and symposia need is doing it this way than we are Secretary’s certificate, not to exceed $25,000; to cover the Commission’s costs of providing by just maintaining the status quo of a $907,499,000, of which not to exceed $87,528,000 those events and symposia, and notwith- program that has already been cut, be- in fees pursuant to section 736 of the Federal standing 31 U.S.C. 3302, said fees shall be cause, frankly, it is not doing the job it Food, Drug, and Cosmetic Act may be cred- credited to this account, to be available should be doing, and, frankly, it has ited to this appropriation and remain avail- without further appropriation. got some problems. The people, prop- able until expended: Provided, That fees de- FARM CREDIT ADMINISTRATION erly the gentleman from Louisiana rived from applications received during fis- LIMITATION ON ADMINISTRATIVE EXPENSES cal year 1997 shall be subject to the fiscal Not to exceed $37,478,000 (from assessments [Mr. LIVINGSTON] and his people, have year 1997 limitation: Provided further, That collected from farm credit institutions and seen there is trouble there. Con- none of these funds shall be used to develop, from the Federal Agricultural Mortgage Cor- sequently, they have cut some money. establish, or operate any program of user poration) shall be obligated during the cur- I merely suggested we got a good fees authorized by 31 U.S.C. 9701. rent fiscal year for administrative expenses first step, why not take the rest of the In addition, fees pursuant to section 354 of as authorized under 12 U.S.C. 2249. stem and get rid of title III, and do it the Public Health Service Act may be cred- TITLE VII—GENERAL PROVISIONS right through titles I and II and get the ited to this account, to remain available job done well. I think the consequence until expended. SEC. 701. Within the unit limit of cost fixed In addition, fees pursuant to section 801 of by law, appropriations and authorizations is we end up taking care of more seri- the Federal Food, Drug, and Cosmetic Act made for the Department of Agriculture for ous needs than not. My motive is none may be credited to this account, to remain the fiscal year 1997 under this Act shall be other than that. available until expended. available for the purchase, in addition to What struck the chord yesterday was None of the funds appropriated or made those specifically provided for, of not to ex- the gentleman from Ohio [Mr. HALL] available to the Federal Food and Drug Ad- ceed 667 passenger motor vehicles, of which H6180 CONGRESSIONAL RECORD — HOUSE June 11, 1996 643 shall be for replacement only, and for the duction in the level of rental space or serv- cedures described in sections 9.400 through hire of such vehicles. ices below that of fiscal year 1996 or prohibit 9.409 of title 48, Code of Federal Regulations. SEC. 702. Funds in this Act available to the an expansion of rental space or services with SEC. 717. Notwithstanding the Federal Department of Agriculture shall be available the use of funds otherwise appropriated in Grant and Cooperative Agreement Act, mar- for uniforms or allowances therefor as au- this Act. Further, no agency of the Depart- keting services of the Agricultural Market- thorized by law (5 U.S.C. 5901–5902). ment of Agriculture, from funds otherwise ing Service and the Animal and Plant Health SEC. 703. Not less than $1,500,000 of the ap- available, shall reimburse the General Serv- Inspection Service may use cooperative propriations of the Department of Agri- ices Administration for payment of space agreements to reflect a relationship between culture in this Act for research and service rental and related costs provided to such Agricultural Marketing Service or the Ani- work authorized by the Acts of August 14, agency at a percentage rate which is greater mal and Plant Health Inspection Service and 1946, and July 28, 1954 (7 U.S.C. 427, 1621–1629), than is available in the case of funds appro- a State or Cooperator to carry out agricul- and by chapter 63 of title 31, United States priated in this Act. tural marketing programs or to carry out Code, shall be available for contracting in SEC. 711. None of the funds in this Act shall programs to protect the Nation’s animal and accordance with said Acts and chapter. be available to restrict the authority of the plant resources. SEC. 704. The cumulative total of transfers Commodity Credit Corporation to lease SEC. 718. None of the funds in this Act may to the Working Capital Fund for the purpose space for its own use or to lease space on be- be used to retire more than 5% of the Class of accumulating growth capital for data half of other agencies of the Department of A stock of the Rural Telephone Bank or to services and National Finance Center oper- Agriculture when such space will be jointly maintain any account or subaccount within ations shall not exceed $2,000,000: Provided, occupied. the accounting records of the Rural Tele- That no funds in this Act appropriated to an SEC. 712. With the exception of grants phone Bank the creation of which has not agency of the Department shall be trans- awarded under the Small Business Innova- specifically been authorized by statute. ferred to the Working Capital Fund without tion Development Act of 1982, Public Law 97– SEC. 719. None of the funds appropriated or the approval of the agency administrator. 219, as amended (15 U.S.C. 638), none of the otherwise made available by this Act may be SEC. 705. New obligational authority pro- funds in this Act shall be available to pay in- used to provide food stamp benefits to house- vided for the following appropriation items direct costs on research grants awarded com- holds whose benefits are calculated using a in this Act shall remain available until ex- petitively by the Cooperative State Re- standard deduction greater than the stand- pended (7 U.S.C. 2209b): Animal and Plant search, Education, and Extension Service ard deduction in effect for fiscal year 1995. Health Inspection Service, the contingency that exceed 14 percent of total Federal funds SEC. 720. None of the funds made available fund to meet emergency conditions, fruit fly provided under each award. in this Act may be used to provide assistance program, and integrated systems acquisition SEC. 713. Notwithstanding any other provi- to, or to pay the salaries of personnel who project; Farm Service Agency, salaries and sions of this Act, all loan levels provided in carry out a market promotion/market access expenses funds made available to county this Act shall be considered estimates, not program pursuant to section 203 of the Agri- committees; and Foreign Agricultural Serv- limitations. cultural Trade Act of 1978 (7 U.S.C. 5623) that ice, middle-income country training pro- SEC. 714. Appropriations to the Department provides assistance to the U.S. Mink Export gram. of Agriculture for the cost of direct and Development Council or any mink industry New obligational authority for the boll guaranteed loans made available in fiscal trade association. weevil program; up to 10 percent of the year 1997 shall remain available until ex- SEC. 721. None of the funds appropriated or screwworm program of the Animal and Plant pended to cover obligations made in fiscal otherwise made available by this Act shall Health Inspection Service; Food Safety and year 1997 for the following accounts: the be used to enroll in excess of 130,000 acres in Inspection Service, field automation and in- rural development loan fund program ac- the fiscal year 1997 wetlands reserve pro- formation management project; funds appro- count; the Rural Telephone Bank program gram, as authorized by 16 U.S.C. 3837. priated for rental payments; funds for the account; the rural electrification and tele- SEC. 722. Of the funds made available by Native American institutions endowment communications loans program account; and this Act, not more than $1,000,000 shall be fund in the Cooperative State Research, Edu- the rural economic development loans pro- used to cover necessary expenses of activi- cation, and Extension Service, and funds for gram account. ties related to all advisory committees, pan- the competitive research grants (7 U.S.C. SEC. 715. Such sums as may be necessary els, commissions, and task forces of the De- 450i(b)), shall remain available until ex- for fiscal year 1997 pay raises for programs partment of Agriculture except for panels pended. funded by this Act shall be absorbed within used to comply with negotiated rule mak- SEC. 706. No part of any appropriation con- the levels appropriated in this Act. ings. tained in this Act shall remain available for SEC. 716. (a) COMPLIANCE WITH BUY AMER- SEC. 723. None of the funds appropriated or obligation beyond the current fiscal year un- ICAN ACT.—None of the funds made available otherwise made available by this Act shall less expressly so provided herein. in this Act may be expended by an entity un- be used to pay the salaries and expenses of SEC. 707. Not to exceed $50,000 of the appro- less the entity agrees that in expending the personnel who carry out an export enhance- priations available to the Department of Ag- funds the entity will comply with sections 2 ment program if the aggregate amount of riculture in this Act shall be available to through 4 of the Act of March 3, 1933 (41 funds and/or commodities under such pro- provide appropriate orientation and lan- U.S.C. 10a–10c; popularly known as the ‘‘Buy gram exceeds $100,000,000. guage training pursuant to Public Law 94– American Act’’). SEC. 724. None of the funds appropriated or 449. (b) SENSE OF CONGRESS; REQUIREMENT RE- otherwise made available by this Act shall SEC. 708. No funds appropriated by this Act GARDING NOTICE.— be used to pay the salaries and expenses of may be used to pay negotiated indirect cost (1) PURCHASE OF AMERICAN-MADE EQUIPMENT personnel who carry out a farmland protec- rates on cooperative agreements or similar AND PRODUCTS.—In the case of any equipment tion program in excess of $2,000,000 author- arrangements between the United States De- or product that may be authorized to be pur- ized by section 388 of Public Law 104–127. partment of Agriculture and nonprofit insti- chased with financial assistance provided SEC. 725. None of the funds appropriated or tutions in excess of 10 percent of the total di- using funds made available in this Act, it is otherwise made available by this Act shall rect cost of the agreement when the purpose the sense of the Congress that entities re- be used to pay the salaries and expenses of of such cooperative arrangements is to carry ceiving the assistance should, in expending personnel who carry out a wildlife habitat out programs of mutual interest between the the assistance, purchase only American- incentives program authorized by section 387 two parties. This does not preclude appro- made equipment and products. of Public Law 104–127. priate payment of indirect costs on grants (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— SEC. 726. None of the funds appropriated or and contracts with such institutions when In providing financial assistance using funds otherwise made available by this Act shall such indirect costs are computed on a simi- made available in this Act, the head of each be used to pay the salaries and expenses of lar basis for all agencies for which appropria- Federal agency shall provide to each recipi- personnel who carry out a conservation farm tions are provided in this Act. ent of the assistance a notice describing the option program in excess of $2,000,000 author- SEC. 709. Notwithstanding any other provi- statement made in paragraph (1) by the Con- ized by section 335 of Public Law 104–127. sion of this Act, commodities acquired by gress. SEC. 727. None of the funds appropriated or the Department in connection with Commod- (c) PROHIBITION OF CONTRACTS WITH PER- otherwise made available to the Department ity Credit Corporation and section 32 price SONS FALSELY LABELING PRODUCTS AS MADE of Agriculture shall be used to transmit or support operations may be used, as author- IN AMERICA.—If it has been finally deter- otherwise make available to any non-Depart- ized by law (15 U.S.C. 714c and 7 U.S.C. 612c), mined by a court or Federal agency that any ment of Agriculture employee questions or to provide commodities to individuals in person intentionally affixed a label bearing a responses to questions that are a result of in- cases of hardship as determined by the Sec- ‘‘Made in America’’ inscription, or any in- formation requested for the appropriations retary of Agriculture. scription with the same meaning, to any hearing process. SEC. 710. None of the funds in this Act shall product sold in or shipped to the United SEC. 728. None of the funds made available be available to reimburse the General Serv- States that is not made in the United States, in this Act may be used to pay the salaries ices Administration for payment of space the person shall be ineligible to receive any of employees of the Department of Agri- rental and related costs in excess of the contract or subcontract made with funds culture who make payments pursuant to a amounts specified in this Act; nor shall this made available in this Act, pursuant to the production flexibility contract entered into or any other provision of law require a re- debarment, suspension, and ineligibility pro- under section 111 of the Federal Agriculture June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6181 Improvement and Reform Act of 1996 (Public the Department of Agriculture that tionary spending levels are on a consistently Law 104–127; 7 U.S.C. 7211) when it is made would have prevented them from send- downward slope. Frankly, if you ask me one known to the Federal official having author- ing questions that had been submitted way to solve the entitlement and mandatory ity to obligate or expend such funds that the land covered by that production flexibility to the Department to third parties, in- spending overrun in other committees of this contract is not being used for the production cluding OMB. The past several years, Congress would be to transfer their jurisdiction of an agricultural commodity or is not de- we have had difficulty in getting ques- here. This is the only, committee that has a voted to a conserving use, unless it is also tions back from the Department in a proven track record of deficit reduction. made known to that Federal official that the timely manner that are related to our The bill includes a total of $12.8 billion for lack of agricultural production or the lack of hearings. It turns out that many times discretionary programs which is $508 million a conserving use is a consequence of drought, the holdup was not at the agency or less than the amount appropriated in fiscal flood, or other natural disaster. Department level, but was with the SEC. 729. None of the funds appropriated or year 1996 and $1.3 billion less than the budg- otherwise made available by this Act shall OMB. et request. be used to extend any existing or expiring Although there was a rumor that this For mandatory programs, which are nearly contract in the Conservation Reserve Pro- year some questions were reviewed by 80 percent of the funding in this bill, the com- gram authorized by 16 U.S.C. 3831–3845. non-Federal people, that could not be mittee provides $39.9 billion, a decrease of SEC. 730. None of the funds made available confirmed. We have since had discus- $9.9 billion below the amount available for fis- in this Act may be used to maintain the sions with OMB, and will drop this pro- cal year 1996 and $4.5 billion below the budg- price of raw cane sugar (as reported for an appropriate preceding month for applicable vision, in hopes that next year the et request. sugar futures contracts of the Coffee, Sugar, Committee can receive prompt re- Mr. Chairman, those who serve farmers and and Cocoa Exchange, New York) at more sponse to its questions. work with Agriculture are taught over and over than 1171⁄2 percent of the statutory loan rate Mr. DURBIN. Mr. Chairman, I rise in again that there is a big difference between under section 158 of the Federal Agriculture support of the amendment. money and wealth. Our job on this Committee Improvement and Reform Act (title 1 of Pub- Mr. Chairman, I am in complete on Agriculture is to help create the wealth of lic Law 104–127). agreement with this amendment. It is America through the investments that we SEC. 731. None of the funds appropriated in this Act may be used to carry out the provi- long overdue. It was a portion of the make in agriculture. sions of section 918 of Public Law 104–127, the bill that was very controversial, behind Market-oriented farm policy means farming Federal Agriculture Improvement and Re- closed doors. I think the gentleman has for the market and not the Government, and form Act. made the right decision. It greatly im- requires investments in research which will SEC. 732. (a) IN GENERAL.—Any owner on proves the bill, and I support the keep agriculture competitive as we move into the date of enactment of this Act of the amendment. the new century. right to market a nonsteroidal anti-inflam- Ms. KAPTUR. Mr. Chairman, I move The committee faced tough choices given matory drug that— to strike the requisite last word. (1) contains a patented active agent; our spending constraints. Yet, while faced with (2) has been reviewed by the Federal Food (Ms. KAPTUR asked and was given tight budget constraints we were still able to and Drug Administration for a period of permission to revise and extend her re- shift resources to priority programs. more than 96 months as a new drug applica- marks.) In order to adequately fund critical programs tion; and Ms. KAPTUR. Mr. Chairman, I want- like agricultural research and food safety, we (3) was approved as safe and effective by ed to rise in support of the entire bill needed to look at all programs funded in this the Federal Food and Drug Administration and commend our chairman, the gen- bill including the new mandatory programs on January 31, 1991, shall be entitled, for the tleman from New Mexico [Mr. SKEEN], created by the farm bill. 2-year period beginning on February 28, 1997, and our ranking member, the gen- Much discussion has focused on the $100 to exclude others from making, using, offer- ing for sale, selling, or importing into the tleman from Illinois [Mr. DURBIN], who million cut in farm program payments that was United States such active agent, in accord- is handling this bill for the last time included in the subcommittee mark. I did not ance with section 154(a)(1) of title 35, United here in the House, and wish him well in support efforts to restore this fundingÐ$100 States Code. the other body as of next January, and million out of $5.2 billion, is reasonable par- (b) INFRINGEMENT.—Section 271 of title 35, to thank the gentleman from New Mex- ticularly when you consider that prices are United States Code shall apply to the in- ico for working with all of us on the record levels. At a time when we are on a fringement of the entitlement provide under committee, on both sides of the aisle, path to balanced budget, it makes no sense to subsection (a). (c) NOTIFICATION.—Not later than 30 days to continue support for American farm- add new mandatory programs or to provide a after the date of the enactment of this sec- ers, who are the most productive in the windfall in farm payments. tion, any owner granted an entitlement world. I am particularly pleased that this bill also under subsection (a) shall notify the Com- Mr. Chairman, just for the record, let includes a provision which I offered and missioner of Patents and Trademarks and me say that in view of how much we passed unanimously at subcommittee which the Secretary for Health and Human Serv- have cut spending in this bill to meet requires farmers to plant in order to receive ices of such entitlement. Not later than 7 the budget mark, let no one doubt production flexibility payments under the new days after the receipt of such notice, the Commission and the Secretary shall publish which committee in this Congress is farm bill. This is a good Government amend- an appropriate notice of the receipt of such taking seriously the mandate to bal- ment that allows taxpayers to get something in notice. ance our budget. Our discretionary return for their investment in agriculture. The Mr. SKEEN (during the reading). Mr. spending levels have been going down amendment allows for exemptions for conserv- Chairman, I ask unanimous consent dramatically over the past several ing uses and weather-related exceptions. that the remainder of title VII, years. As one supportive Member has described it, through page 68, line 22, be considered Frankly, if you ask me, one way to this is the ``just don't sit on the tractor'' amend- as read, printed in the RECORD, and solve the entitlement and mandatory ment. This amendment basically says to re- open to amendment at any point. spending problems and overruns we ceive a Federal payment you must work for it. The CHAIRMAN. Is there objection face as a country, it would be to col- If we expect welfare recipients to work for to the request of the gentleman from lapse the jurisdiction of all those enti- Federal payments, why shouldn't farm pay- New Mexico? tlement and mandatory spending pro- ments go only to those who work. There was no objection. grams right here in the Committee on Since this amendment was offered I have The CHAIRMAN pro tempore. Are Appropriations. We do a good job of it. heard from a number of tenant farmers who there further amendments? I just want to thank the chairman for have been told by their landlords that their an- AMENDMENT OFFERED BY MR. SKEEN his leadership. nual leases will not be renewed, so that the Mr. SKEEN. Mr. Chairman, I offer an Mr. Chairman, the bill provides $52.6 million landlord can collect the full transition payment. amendment. in total budget authority for USDA and related For example, a rice farmer in Texas called my The Clerk read as follows: agencies, a level that is $10.51 billion below office today to say that the land he had Amendment offered by Mr. SKEEN: General the fiscal year 1996 appropriations and $5.9 farmed for the past 20 years was being taken Provisions: On page 66 strike all on line 9 billion below the Administration budget request away from him. He paid $80 an acre for rent through 14. for fiscal year 1997. Let no one doubt which and under the payment structure of the new Mr. SKEEN. Mr. Chairman, my committee in this Congress takes serious by farm bill that landlord could receive $160 an amendment deletes the limitation on its mandate to balance the budget. Our discre- acre. Since the signup for the new farm bill is H6182 CONGRESSIONAL RECORD — HOUSE June 11, 1996 in effect through July 12 we can make no esti- In closing, I want to again commend the The SPEAKER pro tempore. Under a mate as to how widespread this concern is. chairman and the ranking member for putting previous order of the House, the gen- But I want to serve notice today, that I will together a good bill. I urge the Members to tleman from American Samoa [Mr. offer this amendment year after year until this support this fiscally responsible measure. FALEOMAVAEGA] is recognized for 5 provision which allows landlords to ``take the The SPEAKER pro tempore. The minutes. money and run'' is fixed. question is on the amendment offered Mr. FALEOMAVAEGA addressed the And another farmer wrote me recently, by the gentleman from New Mexico House. His remarks will appear here- By all accounts my farming operation is [Mr. SKEEN]. after in the Extensions of Remarks.] rated as one of the top five in my county. We The amendment was agreed to. (my father and brother) combine ourselves so Mr. SKEEN. Mr. Chairman, I move f we rely on no outside help . . . We specialize in production of rice, corn and soybeans. We that the Committee do now rise. The SPEAKER pro tempore. Under a lease 75% of ground to farm which is the The motion was agreed to. previous order of the House, the gen- cause of our problem. Accordingly the Committee rose; and tleman from Indiana [Mr. BUYER] is The landowner can now, terminate a lease the Speaker pro tempore (Mr. recognized for 5 minutes. of the tenant, . . . with the sole purpose of CHAMBLISS) having assumed the chair, Mr. BUYER addressed the House. His collecting the payment and not producing Mr. GOODLATTE, Chairman of the Com- remarks will appear hereafter in the any crops on that land. . . . it allows inves- mittee of the Whole House on the State tors to buy real estate and use the payment Extensions of Remarks.] of the Union, reported that that Com- to help pay for the land, while not allowing f a producer to farm it. . . . It was not the in- mittee, having had under consideration tent of this legislation to give land owners or the bill, H.R. 3603, making appropria- The SPEAKER pro tempore. Under a any one the chance to exploit this bill into tions for Agriculture, Rural Develop- previous order of the House, the gentle- another public relations nightmare. ment, Food and Drug Administration, woman from Illinois [Mrs. COLLINS] is I must however express my opposition to and Related Agencies Programs for the recognized for 5 minutes. the cap on sugar payments that is included in fiscal year ending September 30, 1997, Mrs. COLLINS of Illinois addressed this bill. While I will not offer a motion to strike and for other purposes, had come to no the House. Her remarks will appear this provision, its impact will be devastating to resolution thereon. hereafter in the Extensions of Re- the sugar beet farmers in my District. This bill f marks.] caps the U.S. raw sugar price at 117.5 per- SPECIAL ORDERS cent of the loan rate, or 21.5 cents per pound. f This about 1.5 cents below current prices. Ac- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a cording to USDA, so much foreign sugar CHAMBLISS). Under the Speaker’s an- previous order of the House, the gen- would have to be imported to reduce the raw nounced policy of May 12, 1995, and tleman from Florida [Mr. MICA] is rec- sugar price to the capped level, that the re- under a previous order of the House, ognized for 5 minutes. fined sugar prices beet producers receive for the following Members will be recog- Mr. MICA addressed the House. His their crop would plummet to about 24 cents nized for 5 minutes each. remarks will appear hereafter in the per pound from the current 32 cents per f Extensions of Remarks.] pound. This cap will reduce the value of the The SPEAKER pro tempore. Under a f previous order of the House, the gen- sugar produced by beet growers by $650 mil- The SPEAKER pro tempore. Under a lion. tleman from North Carolina [Mr. BURR] Traditional farm programs continue to re- is recognized for 5 minutes. previous order of the House, the gen- ceive a decreasing portion of our spending tleman from Nebraska [Mr. BEREUTER] [Mr. BURR addressed the House. His is recognized for 5 minutes. and in my view we should target our scarce remarks will appear hereafter in the agricultural dollars to small family farmers. I Extensions of Remarks.] Mr. BEREUTER addressed the House. opposed the recent farm bill because I do not f His remarks will appear hereafter in the Extensions of Remarks.] believe that it did enough to target assistance The SPEAKER pro tempore. Under a to family farmers and to provide them with a previous order of the House, the gentle- f safety when times are bad. While the farm bill woman from Ohio [Ms. KAPTUR] is rec- The SPEAKER pro tempore. Under a made progress by enacting a $40,000 pay- ognized for 5 minutes. previous order of the House, the gen- ment limitation, I remain concerned that large [Ms. KAPTUR addressed the House. tleman from California [Mr. RIGGS] is corporate farmers can still have access to Her remarks will appear hereafter in recognized for 5 minutes. Federal payments. In the decade of the 1980's we have slowly the Extensions of Remarks.] Mr. RIGGS addressed the House. His eroded the basis of American agricultureÐthe f remarks will appear hereafter in the family farmerÐand are moving in the direction The SPEAKER pro tempore. Under a Extensions of Remarks.] of large corporate farms. We must address the previous order of the House, the gen- f tleman from Indiana [Mr. BURTON] is increased concentration in agricultural markets The SPEAKER pro tempore. Under a recognized for 5 minutes. that is squeezing family farmers out of busi- previous order of the House, the gen- ness. We must also ensure that commodity [Mr. BURTON of Indiana addressed tleman from California [Mr. DORNAN] is prices are maintained at a level high enough the House. His remarks will appear recognized for 5 minutes. to compensate for costs of production and to hereafter in the Extensions of Re- Mr. DORNAN addressed the House. maintain standards of living in order to attract marks.] His remarks will appear hereafter in and retain individuals in farm production. And f the Extensions of Remarks.] further, we must also negotiate trade agree- The SPEAKER pro tempore. Under a ments which encourage and enhance the abil- previous order of the House, the gen- f ity of family farmers to compete in world mar- tleman from Missouri [Mr. VOLKMER] is kets. recognized for 5 minutes. LEAVE OF ABSENCE In agriculture trade, we must also work to By unanimous consent, leave of ab- recapture lost markets and increase exports. [Mr. VOLKMER addressed the House. His remarks will appear hereafter in sence was granted to: As American agricultural exports grow, foreign Mr. FRELINGHUYSEN (at the request of agriculture exports are being shipped to the the Extensions of Remarks.] f Mr. ARMEY), for today after 5 p.m. and United States in greater magnitude. Since June 12. 1981, our agricultural exports have declined The SPEAKER pro tempore. Under a from $43.8 billion to a low of $26.2 billion in previous order of the House, the gen- f 1986 and are projected to be a record $60 bil- tleman from Michigan [Mr. SMITH] is lion next year. At the same time agricultural recognized for 5 minutes. SPECIAL ORDERS GRANTED imports have increased from $10.8 billion to [Mr. SMITH of Michigan addressed By unanimous consent, permission to approximately $25 billion in 1995. In many the House. His remarks will appear address the House, following the legis- cases these are products our own farmers hereafter in the Extensions of Re- lative program and any special orders could be selling. marks.] heretofore entered, was granted to: June 11, 1996 CONGRESSIONAL RECORD — HOUSE H6183 (The following Members (at the re- 3515. A letter from the General Counsel, chant marine during or immediately after quest of Mr. MCNULTY) to revise and Department of Housing and Urban Develop- World War II; to the Committee on National extend their remarks and include ex- ment, transmitting the Department’s final Security. traneous material:) rule—Mortgage Insurance on Condominium By Mrs. VUCANOVICH (for herself, Mr. Units in Non-FHA Approved Projects (FR– ENSIGN, and Mr. HAYES): Ms. KAPTUR, for 5 minutes on June 3655) (61 CFR 26982) received June 10, 1996, H.R. 3615. A bill to amend the Harmonized 13. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Tariff Schedule of the United States to cor- Mr. VOLKMER, for 5 minutes, today. mittee on Banking and Financial Services. rect the tariff treatment of certain silver Mr. FALEOMAVAEGA, for 5 minutes, 3516. A letter from the General Counsel, and gold bars, and for other purposes; to the today. Department of Housing and Urban Develop- Committee on Ways and Means. Mrs. COLLINS of Illinois, for 5 min- ment, transmitting the Department’s final By Ms. WOOLSEY: utes, today. rule—Section 8 Tenant-Based Programs: H.R. 3616. A bill to amend the Job Training (The following Members (at the re- Technical Amendments (FR–4055) (61 CFR Partnership Act to provide for the establish- 27162) received June 10, 1996, pursuant to 5 ment of standards to ensure long-term eco- quest of Mr. KINGSTON) to revise and U.S.C. 801(a)(1)(A); to the Committee on nomic self-sufficiency for participants in extend their remarks and include ex- Banking and Financial Services. adult training programs carried out under traneous material:) f part A of title II of that act, and for other Mr. MCINTOSH, for 5 minutes on June purposes; to the Committee on Economic and 13. REPORTS OF COMMITTEES ON Educational Opportunities. Mr. BEREUTER, for 5 minutes, today. PUBLIC BILLS AND RESOLUTIONS By Mrs. CLAYTON (for herself, Mr. Mr. RIGGS, for 5 minutes, today. BONIOR, Mr. RICHARDSON, Ms. Under clause 2 of rule XIII, reports of DELAURO, Mr. KING, Mr. PAYNE of Mr. DORNAN, for 5 minutes, today. committees were delivered to the Clerk New Jersey, Mr. SANDERS, Mr. WARD, f for printing and reference to the proper Mr. FRAZER, Mr. FORD, Mr. BROWDER, EXTENSION OF REMARKS calendar, as follows: Mr. NORWOOD, Mr. HILLIARD, Mr. Mr. YOUNG of Florida: Committee on Ap- HINCHEY, Mr. OWENS, Mr. HALL of By unanimous consent, permission to Ohio, Mr. FIELDS of Louisiana, Mr. revise and extend remarks was granted propriations. H.R. 3610. A bill making appro- priations for the Department of Defense for MEEHAN, Mr. FROST, Mr. HASTINGS of to: the fiscal year ending September 30, 1997, and Florida, Mrs. MALONEY, Mr. LANTOS, (The following Members (at the re- for other purposes (Rept. 104–617). Referred Mr. DELLUMS, Mr. FRANKS of Con- quest of Mr. MCNULTY) and to include to the Committee of the Whole House on the necticut, Mr. WAXMAN, Mr. CLYBURN, extraneous matter:) State of the Union. Mrs. MYRICK, Mr. ABERCROMBIE, Mr. FARR, Mr. JACKSON, Mr. GILCHREST, Mr. COYNE. f Ms. NORTON, Ms. WOOLSEY, Ms. Mr. VENTO. FURSE, Ms. ESHOO, Mr. PALLONE, Mrs. PUBLIC BILLS AND RESOLUTIONS Mr. DIXON. THURMAN, Mrs. KENNELLY, Mr. Mr. HALL of Ohio. Under clause 5 of rule X and clause 4 SHAYS, Mr. CLAY, Ms. JACKSON-LEE, Mr. KANJORSKI. of rule XXII, public bills and resolu- Ms. KAPTUR, Mr. WATT of North Caro- Mr. RANGEL. tions were introduced and severally re- lina, Mr. FOGLIETTA, Mr. THOMPSON, Ms. KAPTUR. ferred as follows: Mr. MILLER of California, Mr. LEWIS Mr. HAMILTON. By Mr. BUYER (for himself, Mr. of Georgia, Ms. PELOSI, Ms. ROYBAL- Ms. ESHOO. FILNER, Mr. STUMP, and Mr. MONT- ALLARD, Mr. WYNN, Mr. EDWARDS, Mr. CLEMENT, Mrs. SCHROEDER, Miss Mr. DEUTSCH. GOMERY): COLLINS of Michigan, Mr. RUSH, Mr. Mrs. LINCOLN. H.R. 3611. A bill to extend the authority for the homeless veterans’ reintegration TORRICELLI, Mr. STOKES, Mr. ROSE, Mr. GORDON. projects for fiscal years 1997 through 1999, Mr. CUMMINGS, Mr. HEFNER, Mr. TAL- Mr. BONIOR. and for other purposes; to the Committee on ENT, Mrs. MEEK of Florida, Mr. Ms. DELAURO. Veterans’ Affairs, and in addition to the FLAKE, Ms. PRYCE, Mr. SERRANO, Mr. (The following Members (at the re- Committee on Banking and Financial Serv- BISHOP, Mr. FATTAH, Ms. SLAUGHTER, quest of Mr. KINGSTON) and to include ices, for a period to be subsequently deter- Ms. RIVERS, Mr. NADLER, Mr. FRANK extraneous matter:) mined by the Speaker, in each case for con- of Massachusetts, Ms. VELAZQUEZ, Ms. WATERS, Mrs. COLLINS of Illinois, Mr. BEREUTER. sideration of such provisions as fall within the jurisdiction of the committee concerned. Mr. STARK, and Mr. BARRETT of Wis- Mr. MYERS of Indiana. consin): Mr. HOUGHTON. By Mr. GIBBONS (for himself, Mr. MCDERMOTT, Mr. MATSUI, Mr. H. Con. Res. 183. Concurrent resolution Mr. SCHAEFER. CARDIN, and Mr. LEWIS of Georgia): condemning the recent rash of arson against Mr. COX of California. H.R. 3612. A bill to reform the Nation’s wel- African-American churches across the Mrs. VUCANOVICH. fare system by requiring work and demand- United States, pledging to assist law enforce- Mrs. ROUKEMA. ing personal responsibility; to the Commit- ment authorities in apprehending the per- f tee on Ways and Means, and in addition to sons responsible for such acts of arson, sup- the Committees on Agriculture, Banking and porting bipartisan legislation which would ADJOURNMENT Financial Services, Economic and Edu- facilitate the prosecution of arsonists and Mr. BEREUTER. Mr. Speaker, I move cational Opportunities, the Judiciary, Com- create more severe penalties for arson against houses of worship, and encouraging that the House do now adjourn. merce, the Budget, National Security, Inter- national Relations, and Government Reform the people of the United States to work in The motion was agreed to; accord- their communities to prevent future acts of ingly (at 5 o’clock and 31 minutes and Oversight, for a period to be subse- quently determined by the Speaker, in each arson against African-American churches; to p.m.), the House adjourned until to- case for consideration of such provisions as the Committee on the Judiciary. morrow, Wednesday, June 12, 1996, at 10 fall within the jurisdiction of the committee f a.m. concerned. MEMORIALS f By Mr. JOHNSON of South Dakota: H.R. 3613. A bill to require the Secretary of Under clause 4 of rule XXII, memori- EXECUTIVE COMMUNICATIONS, the Army to acquire permanent flowage and als were presented and referred as fol- ETC. saturation easements over land that is lo- lows: cated within the 10-year floodplain of the Under clause 2 of rule XXIV, execu- [Omitted from the Record of June 10, 1996] tive communications were taken from James River, SD, and for other purposes; to the Committee on Transportation and Infra- 221. By the SPEAKER: Memorial of the the Speaker’s table and referred as fol- structure. House of Representatives of the State of New lows: By Mr. LANTOS (for himself and Ms. Hampshire, relative to House Joint Resolu- 3514. A letter from the General Counsel, ESHOO): tion 25 urging the Federal Energy Regu- Department of Housing and Urban Develop- H.R. 3614. A bill to amend title 10, United latory Commission, the U.S. Environmental ment, transmitting the Department’s final States Code, to provide that certain individ- Protection Agency, the Council on Environ- rule—Opportunities for Youth: Youthbuild uals who would be eligible for military re- mental Quality, the U.S. Congress, and the Program (FR–4038) (61 CFR 25124) received tired pay for nonregular service but for the President of the United States to implement June 10, 1996, pursuant to 5 U.S.C. fact that they did not serve on active duty increased competition in the electric utility 801(a)(1)(A); to the Committee on Banking during a period of conflict may be paid such industry in a manner that furthers environ- and Financial Services. retired pay if they served in the U.S. mer- mental improvement and promotes full and H6184 CONGRESSIONAL RECORD — HOUSE June 11, 1996

fair competition including equitable and ap- H.R. 3498: Mr. ACKERMAN. provide for ‘‘Distance Learning and Medical propriate environmental regulation for all H.R. 3504: Mr. BOEHNER, Mr. BROWN of Ohio, Link Program’’ is increased, and none may electricity generators; to the Committee on Mr. FARR, Mr. FROST, Mr. LIPINSKI, Mr. NEY, be used; by $22,500,000, by $2,500,000, and to Commerce. Ms. NORTON, Mr. OLVER, Mr. ROHRABACHER, carry out or pay the salaries of personnel 222. Also, memorial of the House of Rep- and Mr. WALSH. who carry out any extension service program resentatives of the State of New Hampshire, H.R. 3525: Mr. ABERCROMBIE, Mr. FRAZER, for tobacco or to provide or pay the salaries relative to House Concurrent Resolution 27 Mr. HASTINGS of Florida, Ms. VELAZQUEZ, Mr. of personnel who provide crop insurance for urging Congress to reauthorize certain as- BRYANT of Texas, Mr. MINGE, Mr. BONIOR, tobacco for the 1997 or later crop years; re- pects of the Safe Drinking Water Act; to the Ms. LOFGREN, Mr. GONZALEZ, Mr. BERMAN, spectively. Committee on Commerce. Ms. NORTON, Mr. WATT of North Carolina, H.R. 3603 223. Also, memorial of the Senate of the Mr. SERRANO, Mr. HILLIARD, Ms. RIVERS, Ms. OFFERED BY: MR. SCHUMER State of New Jersey, relative to Senate Res- WATERS, Mr. WAXMAN, Mr. FROST, Mr. CLEM- AMENDMENT NO. 11: Page 69, after line 5, in- olution No. 28 encouraging the New Jersey ENT, Mr. BARRETT of Wisconsin, Ms. JACK- sert the following new section: congressional delegation to support Federal SON-LEE, Mr. SCOTT, Mrs. SCHROEDER, Mr. SEC. 734. (a) LIMITATION ON USE OF FUNDS.— legislation providing for greater local tele- SCHUMER, Mr. FRANK of Massachusetts, Mr. None of the funds made available in this Act vision coverage for the State of New Jersey; NADLER, Mr. REED, Mr. BECERRA, Mr. FORD, may be used to provide assistance to, or to to the Committee on Commerce. Mr. CHAPMAN, Mrs. KENNELLY, Mr. WARD, pay the salaries of personnel who carry out, f Mr. EDWARDS, Mr. WATTS of Oklahoma, Mr. a market access program pursuant to section CUMMINGS, Mr. JOHNSTON of Florida, Mr. 203 of the Agricultural Trade Act of 1978 (7 ADDITIONAL SPONSORS PARKER, Mr. TANNER, Mr. KINGSTON, Mr. U.S.C. 5623). Under clause 4 of rule XXII, sponsors FIELDS of Louisiana, Mr. CHAMBLISS, Mr. (b) CORRESPONDING REDUCTION IN FUNDS.— were added to public bills and resolu- DUNCAN, Mr. SPENCE, Mr. PACKARD, Mr. HALL The amount otherwise provided in this Act of Ohio, Mr. MCHUGH, Mr. GALLEGLY, Mr. tions as follows: for ‘‘Commodity Credit Corporation Fund— FLANAGAN, and Mr. GRAHAM. Reimbursement for Net Realized Losses’’ is H.R. 218: Mr. BACHUS. H.R. 3587: Mr. FAZIO of California, Mr. hereby reduced by $90,000,000. H.R. 248: Mr. FRANK of Massachusetts. YATES, Mr. ACKERMAN, and Mr. FROST. H.R. 3603 H.R. 573: Mr. BLUTE and Mr. SERRANO. H. Con. Res. 10: Mr. LEVIN and Mr. GOOD- H.R. 598: Ms. FURSE, Mr. HOLDEN, Mr. JEF- LING. OFFERED BY: MR. VOLKMER FERSON, and Mr. CANADY. H. Con. Res. 51: Mr. KLUG and Mr. LEVIN. AMENDMENT NO. 12: On Page 48, line 17, H.R. 778: Mrs. FOWLER. H. Con. Res. 83: Mr. ACKERMAN. strike ‘‘Provided further, That none of the H.R. 784: Mr. WATTS of Oklahoma, Mr. H. Con. Res. 145: Mr. EVANS and Mr. LEVIN. funds made available under this heading KNOLLENBERG, and Mr. DELAY. H. Con. Res. 156: Mr. BRYANT of Texas, Mrs. shall be used for studies and evaluations:’’ H.R. 972: Ms. PRYCE. MINK of Hawaii, Mrs. MORELLA, and Mrs. H.R. 3610 H.R. 1000: Mr. HALL of Ohio and Mr. COLLINS of Illinois. OFFERED BY: MR. SANDERS MEEHAN. H. Res. 220: Mr. ABERCROMBIE, Mr. SAM H.R. 1049: Mr. THOMPSON. JOHNSON, Mr. JOHNSTON of Florida, Mr. AMENDMENT NO. 1: Page , after line , in- H.R. 1386: Mr. CHRYSLER, Mr. BARR, Ms. MCNULTY, Mr. TORRICELLI, Mr. MORAN, Mr. sert the following new section: SEC. . None of the funds available to the HARMAN, and Mr. SPENCE. BALDACCI, Mr. LANTOS, Mr. ENGEL, and Mr. Department of Defense under this Act may H.R. 1500: Mr. LATOURETTE. EVANS. H.R. 1758: Mr. SANDERS and Mr. ACKERMAN. H. Res. 439: Mr. MCHALE. be obligated or expended to pay a contractor under a contract with the Department of De- H.R. 2089: Mr. BARRETT of Nebraska. f H.R. 2244: Ms. KAPTUR and Mr. TATE. fense for any costs incurred by the contrac- H.R. 2246: Mr. ENGEL. AMENDMENTS tor when it is made known to the Federal of- H.R. 2306: Mr. TALENT. ficial having authority to obligate or expend H.R. 2320: Mr. FRANKS of New Jersey, Mr. Under clause 6 of rule XXIII, pro- such funds that such costs are restructuring DOOLEY, and Mr. MCDERMOTT. posed amendments were submitted as costs associated with a business combination H.R. 2335: Mr. CLINGER, Mr. MICA, Mr. follows: that were incurred on or after August 15, H.R. 3603 CLEMENT, Mr. BRYANT of Tennessee, Mr. TAU- 1994. ZIN, Mr. SPRATT, Mr. NETHERCUTT, Mr. LIV- OFFERED BY: MR. BONO H.R. 3610 INGSTON, Mr. BARTON of Texas, Mr. KLINK, AMENDMENT NO. 9: Page 69, after line 5, in- OFFERED BY: MR. SANDERS and Mr. FIELDS of Texas. sert the following new section: AMENDMENT NO. 2. Page , after line , in- H.R. 2416: Mr. ZELIFF. SEC. . It is the sense of Congress that, sert the following new section: H.R. 2489: Mr. EVANS, Mr. ROMERO- not later than the date of the enactment of SEC. . None of the funds available to the BARCELO, Mrs. SEASTRAND, Mr. TORKILDSEN, this Act, the Secretary of Agriculture Department of Defense under this Act may Ms. WOOLSEY, and Mr. YATES. should— be obligated or expended to pay a contractor H.R. 2651: Mr. TORRICELLI. (1) release a detailed plan for compensating under a contract with the Department of De- H.R. 2779: Mr. CANADY, Mr. GOSS, Mr. wheat farmers and handlers adversely af- fense for any costs incurred by the contrac- HOEKSTRA, and Mr. PACKARD. fected by the karnal bunt quarantine in Riv- tor when it is made known to the Federal of- H.R. 2796: Ms. NORTON. erside and Imperial Counties of California, ficial having authority to obligate or expend H.R. 2807: Mr. MARTINI. which should include— such funds that— H.R. 2820: Mr. RIGGS. (A) an explanation of the factors to be used (1) such costs are restructuring costs asso- H.R. 2834: Mr. COYNE and Mr. DOYLE. to determine the compensation amount for ciated with a business combination that H.R. 2951: Mrs. LOWEY, Ms. FURSE, Mr. wheat farmers and handlers, including how were incurred on or after August 15, 1994; and MARKEY, and Miss COLLINS of Michigan. contract and spot market prices will be han- (2) the reports for 1995 and 1996 that are re- H.R. 2976: Mr. ACKERMAN, Mr. DOOLEY, Mr. dled; and quired under section 818(e) of Public Law 103– QUILLEN, and Mrs. VUCANOVICH. (B) compensation for farmers who have 337 (10 U.S.C. 2324 note) have not been sub- H.R. 3037: Mr. JOHNSON of South Dakota, crops positive for karnal bunt and compensa- mitted to Congress yet. Mr. MCHUGH, and Mr. ROBERTS. tion for farmers who have crops which are H.R. 3610, H.R. 3038: Mr. COOLEY, negative for karnal bunt, but which cannot OFFERED BY: MR. SANDERS H.R. 3118: Mr. KENNEDY of Rhode Island and go to market due to the lack of Department Mr. LIPINSKI. action on matching restrictions on the nega- AMENDMENT NO. 3: At the end of the bill H.R. 3179: Mr. FILNER, Ms. JACKSON-LEE, tive wheat with the latest risk assessments; (before the short title), insert the following Mrs. MALONEY, Mr. TORRES, Mr. MANTON, Mr. and new section: TORRICELLI, Mr. FROST, and Ms. LOFGREN. (2) review the risk assessments developed SEC. . None of the funds available to the H.R. 3181: Mr. HOKE and Mr. DELLUMS. by the University of California at Riverside Department of Defense under this Act may H.R. 3270: Mr. MCKEON. and submit a report to Congress describing be obligated or expended to pay a contractor H.R. 3332: Mr. LEWIS of Georgia, Mr. how these risk assessments will impact the under a contract with the Department when TOWNS, Miss COLLINS of Michigan, and Mr. Department of Agriculture policy on the it is made known to the Federal official hav- GEJDENSON. quarantine area for the 1997 wheat crop. ing authority to obligate or expend such H.R. 3351: Mr. FATTAH. funds that the payment is for the costs of H.R. 3603 H.R. 3423: Mrs. MYRICK. compensation with respect to the services of H.R. 3426: Mr. MCDERMOTT, Mr. OFFERED BY: MR. DURBIN any one individual at a rate in excess of SCARBOROUGH, Mr. PAYNE of Virginia, Mr. AMENDMENT NO. 10: Page 69, after line 5, in- $200,000 per year. For purposes of this sec- KLECZKA, Mr. BARRETT of Wisconsin, Mr. sert the following new section: tion, the term ‘‘compensation’’ includes sala- DURBIN, Mr. EVANS, Ms. NORTON, and Mr. LI- SEC. 734. Of the funds made available in ries, bonuses, deferred compensation, stock PINSKI. this Act to the Department of Agriculture, options and payouts, certified indirect costs, H.R. 3447: Mr. RIGGS, Mr. DICKEY, and Mr. the amount provided for ‘‘Rural Utilities As- restructuring costs, and performance-based BALDACCI. sistance Program’’ is increased, the amount payments. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, JUNE 11, 1996 No. 85 Senate

The Senate met at 9 a.m., and was U.S. SENATE, we can get that done before noon called to order by the Honorable PAUL PRESIDENT PRO TEMPORE, today. I know we have cleared some COVERDELL, a Senator from the State Washington, DC, June 11, 1996. nominations. We will take those up, of Georgia. To the Senate: hopefully, between 9:15 and 10 o’clock. I Under the provisions of rule I, section 3, of repeat what I have said many times: I the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable Paul COVERDELL, a do not like holding nominations and The Chaplain, Dr. Lloyd John Senator from the State of Georgia, to per- have not made it a practice personally. Ogilvie, offered the following prayer: form the duties of the Chair. Hopefully, those who have the prob- Gracious Father, there is no greater STROM THURMOUND, lems can work them out either today joy than to be Your friend. Along with President pro tempore. or after I am gone, because there are Abraham and Moses, and men and Mr. COVERDELL thereupon assumed many families here trying to make women throughout the ages, we accept the chair as Acting President pro tem- plans. Holding up their nominations the awesome privilege of a friendship pore. makes it difficult. Of course, personally, I am still hope- with You. To be called a friend of God f ful we can clear the World Trade Orga- is a source of strength and courage. nization legislation. At one time it was When this assurance pervades our RECOGNITION OF THE MAJORITY cleared in the U.S. Senate. All it does minds, hearts, and wills, we can pray LEADER is to give Congress a role in the event for Your guidance and know that You The ACTING PRESIDENT pro tem- there are arbitrary decisions made by will not only show us the way, but pore. The Chair recognizes the major- faceless, nameless bureaucrats in Gene- walk with us. ity leader, the Senator from Kansas. va where we can exit from the World Thank You for helping us be the kind f Trade Organization. It seems to me it of friends to others that You have been SCHEDULE is something we would want to do. It is to us. May we express Your loyalty, supported by the President, supported Mr. DOLE. Mr. President, there will faithfulness, and consistency. We are by Mickey Kantor, the former U.S. thankful for the lasting friendships es- be a period for morning business this Trade Representative. In fact, it was tablished and deepened over the years morning from 9 o’clock until 10 part of an agreement when I agreed to here in the Senate. These friendships o’clock. I ask unanimous consent that support it, standing with the President weather the storms of conflict, party from 9:45 a.m. until 10 o’clock, I might on the White House lawn—the GATT differences, and political tensions. have that 15 minutes. agreement which was part of that Today, on behalf of both parties, I ex- The ACTING PRESIDENT pro tem- agreement. I hope the administration press our gratitude to You, Father, for pore. Without objection, it is so or- would be helpful. our friend, BOB DOLE. Thank You for dered. As I understand, all the holds are on his commitment to You expressed so Mr. DOLE. From 10 o’clock to 12 the other side of the aisle. I would like faithfully in his leadership and service noon, the time will be under the con- to complete action on that before noon here in the Senate. He leaves the Sen- trol, I think, of Senator NICKLES. At 12 today. If it is not possible, it is not pos- ate this afternoon, but You know he o’clock or thereabouts, I will make a sible. Senator DASCHLE had indicated can never leave the place he holds in brief statement. Then there will be re- on Thursday he would be pleased to our hearts. Bless him with the knowl- cess until 2:15 for the weekly policy help. I am certain he will over the next edge of Your love and our esteem. In luncheons. At 2:15, the Senate will few hours. If anybody has any problems the name of Jesus. Amen. swear in SHEILA FRAHM, as a U.S. Sen- with that legislation, I think if they f ator, as my successor. understood it—and it is not very com- Following the swearing in, it is my plicated—it simply says that Congress APPOINTMENT OF ACTING understanding we will begin debate on should have a role, too. PRESIDENT PRO TEMPORE the budget resolution, the conference There is a great deal of concern by The PRESIDING OFFICER. The report, 10 hours, and votes, therefore, people all over America who may have clerk will read a communication to the are possible on the budget resolution lost their jobs to foreign competition— Senate from the President pro tempore conference report or any other items at least they believe they have lost [Mr. THURMOND]. that may be cleared for action. their jobs to foreign competition— The assistant legislative clerk read We are still trying to break the log- they are concerned about all these, as follows: jam on nominations. I am not certain whether it is GATT or NAFTA, all

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

S6021 S6022 CONGRESSIONAL RECORD — SENATE June 11, 1996 these trade agreements where we are It was that way on the Agriculture great honor—and a wonderful oppor- exporting jobs. This gives Congress the Committee. We would be locked in tunity to have had the privilege of responsibility and a role in determin- tough debate, arguments, differences of serving on some of the committees he ing whether or not we should withdraw views based on regional considerations, has served on, some he has chaired, and from the World Trade Organization. sometimes party differences. The to be a part of this Senate that has In my view, it is legislation that chairman from Georgia, Senator Tal- been led by BOB DOLE, the Senator should have been passed sometime ago. madge, was trying to get everybody to- from Kansas. I understand it is acceptable to the gether. Time after time after time it So we wish him all the best and know House if we can free it from the Senate. was BOB DOLE who ended up being the that he will enjoy many more successes Senator BYRD has had an interest in it. force and the catalyst that brought the and many more triumphs in the years He has improved it some. He has an committee to a point where it agreed ahead. We are confident of that, and we amendment, I think, that strengthens and reported out legislation. That leg- bid him a fond farewell. it more. It is not a partisan issue. I islation would ultimately become law. Mr. KYL addressed the Chair. hope we can clear it this morning. If Senator DOLE, as a member of the Fi- The PRESIDING OFFICER. The Sen- not, I know sometimes things do not nance Committee—I did not have the ator from Arizona is recognized. work in this place. good fortune to be a member there— f I also thank Chaplain Ogilvie for his but as chairman of that committee, I thoughts and his prayers. can recall his handling legislation on TRIBUTE TO SENATOR BOB DOLE Between now and 9:45, I assume the the floor of the Senate into the late Mr. KYL. Mr. President, I would like time will be equally divided. hours of the evening with the patience to join the Senator from Mississippi in f and the calm determination to see the paying tribute to the Senator from MORNING BUSINESS bill through, dealing with the compet- Kansas, the distinguished majority ing interests, the offering of amend- leader. All of us who have served in The ACTING PRESIDENT pro tem- ments, Democrats and Republicans this body can tell stories—even those pore. The Chair advises the majority alike, getting a fair hearing on their of us who have served a very short pe- leader there is a period of morning proposals of what should be in the bill riod of time, such as myself—that re- business with Senators permitted to and what should not be in the bill. And flect the qualities of BOB DOLE’s lead- speak not to exceed 5 minutes. finally, after sometimes days, bringing ership. Those of us who are partisan f that bill to a point where it would pass Republicans can only hope that a ma- GODSPEED TO SENATOR DOLE the Senate and then ultimately be en- jority of American citizens can get to Mr. COCHRAN. Mr. President, I rise acted into law. know BOB DOLE as well as we know to join all of those in the Senate today A legislative leader, in the truest him. If they do, then those of us who to wish Godspeed to our distinguished sense of the word, on a wide range of is- would like to see BOB DOLE be Presi- majority leader and colleague, BOB sues, some issues that other Senators dent know that the American people DOLE, as he departs the Senate and em- did not want to work on, like in the would choose wisely in that case. We barks upon his campaign for the Presi- Agriculture Committee, the nutrition recognize our partisanship in this mat- dency of the United States. I do not issues, working out the difficulties in ter, but I think even those who are on know of any other event that is more determining eligibility for food stamps, the other side of the aisle would ac- important to all of us or to the country for School Lunch Program participa- knowledge that the majority leader is this year than his election as Presi- tion, how much would the Federal Gov- a man of great character, judgment, dent. I am really glad in one sense to ernment contribute, how much would and leadership skills that, frankly, are see him concentrate his full energies State and local governments contrib- greater than most public servants who and attention on that objective. ute, how much would individuals have have the opportunity to represent peo- When I think about BOB DOLE’s leav- to pay for these benefits, and on and ple in this country. ing the Senate, I think about when I on, the minutia, the tough, hard deci- So I join with my colleague from came to the Senate he was already es- sions. He was there to help make those Mississippi in paying tribute to the tablished as one of the true legislative decisions and to help shape a consensus majority leader, and I wish him well in leaders of the Senate, although he oc- of support for legislation on those is- his future endeavors. cupied no elected position of leadership sues when others could not do it, did f in the Senate. It was my good fortune not bring the skill and the determina- A 15-PERCENT ACROSS-THE-BOARD to serve on two committees with him tion and the capacity to do it that BOB TAX CUT as a freshman Member of this body— DOLE brought to the challenge. the Agriculture Committee and the Ju- It was no wonder, when Howard Mr. KYL. Mr. President, I want to diciary Committee. He was not intend- Baker left the Senate in 1984, following speak for a few minutes this morning ing to serve on the Judiciary Commit- the elections that year, the Senate about a recommendation that has been tee that year either, but he was drafted turned to Bob DOLE and elected him made to the distinguished majority to serve. We did not have enough Mem- leader. He has proven himself over and leader by a group of economists. I am bers to fill out the ranks on the Repub- over again to be a confident, fair, cou- talking about the proposal to cut in- lican side. Senator KENNEDY from Mas- rageous, decisive leader, driven by come tax rates by 15 percent across- sachusetts just assumed the chairman- character, integrity, and the notion of the-board. I know that some people ship of that committee. It was a very what is good for the public interest, will criticize this as political, but, highly visible committee. not just what is good for the party in- frankly, in a representative democ- I recall Senator DOLE coming on the terest or partisan consideration, but racy, the whole idea is to do things committee. Of course, he had been a the general interests that serve the that the people want. I submit that if lawyer, a county attorney in Kansas. people of our great country. It is with the people respond positively to this He brought to that committee good that kind of leadership that we have idea, clearly, it will have been the judgment and experience on a number come to appreciate the genius of BOB right thing to do. I believe people will of issues. I can recall what I would DOLE and the outstanding way in which respond positively because they have think would be referred to as an ob- he has discharged the responsibilities been asking for tax relief. scure bill that year that the committee of leader. The point of an across-the-board cut worked on, which was bankruptcy re- We are going to have a tough job. I in tax rates is that it helps to stimu- form. After a lot of hearings, a lot of know that some people are talking late the economy. Therefore, it is the effort to resolve issues and to get a bill about the succession, and who is going most productive in terms of providing reported out, it was Senator DOLE who, to replace BOB DOLE. The fact is that for economic growth, which helps all when it appeared there was not going nobody is going to replace BOB DOLE. people. to be any action on that issue, came up Nobody has the capacity to do all the This is the kind of rate cut that pro- with a proposal that turned out to be things that he has done in the U.S. duced more revenues to the Treasury the centerpiece of bankruptcy reform. Senate. It has really been an honor—a under the administrations of John F. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6023 Kennedy and Ronald Reagan. This is time history of the United States and, President Clinton vetoed the balanced the kind of tax rate cut that has been importantly, revenues to the Treasury budget and tax relief package that Con- proposed and that I submit Majority increased between $60 billion and $80 gress sent him. Leader DOLE would be wise to call for billion a year. In the John F. Kennedy Until Congress forced President Clin- in his Presidential campaign. John F. administration, income tax rates were ton to get serious about limiting Fed- Kennedy, of course, said back in 1962, reduced from a range of 20 to 91 percent eral spending last year, deficits were ‘‘A rising tide lifts all boats,’’ to illus- to a range of 14 to 70 percent. Revenues forecast at $200 billion a year for the trate the point that across-the-board to the Treasury rose 66 percent by 1969. foreseeable future—despite record high tax rate cuts help everybody. It helps In the States it was the same thing. taxes. What that proves is that slug- the economy grow. Therefore, it does During former Governor DuPont’s ad- gish economic growth and overspend- not matter what place you are on the ministration in Delaware, in 1979, the ing, not a lack of revenue, are the real ladder of economic progress, whether top rate was cut from 19.8 percent to 7.1 causes of the Nation’s deficit problem. in the middle, or at the high end, or percent. By 1993, State revenues had Mr. President, I would note that rev- even at the lower end of the ladder; a doubled and employment increased by enues as a percentage of gross domestic growing economy helps everyone be- 36 percent. Welfare caseloads fell by 40 product [GDP] have actually fluctuated cause it provides for more job opportu- percent. around a relatively narrow band—18 to nities, it provides for more payment to The point I am trying to make here 20 percent of GDP—for the last 40 workers, more opportunities for sav- is really very simple. In this time when years. Revenues amounted to about 19 ings and investment and expansion of we are all focused on deficit reduction, percent of GDP when the top marginal the economy, which, as a result, helps there are a lot of people who are death- income tax rate was in the 90 percent everyone. ly afraid of reducing tax rates on the range in the 1950’s. They amounted to But the point that I want to briefly assumption that it will reduce reve- just under 19 percent when the top make this morning is that it also helps nues to the Treasury. In fact, they even marginal rate was in the 28 percent us in dealing with the problem of re- propose increasing tax rates. But the range in the 1980’s. Why the consist- ducing the Federal budget deficit and fact of the matter is that at least cer- ency? Because tax rate changes have a providing for the needs of Government. tain kinds of rate reductions—and this greater effect on how well or how poor- There is a paradox in economics that certainly includes across-the-board ly the economy performs than on the provides that, up to a certain point, ac- marginal income tax rate reductions— amount of revenue that flows to the tually reducing tax rates can provide have resulted in increased revenues to Treasury relative to GDP. more revenues to the Treasury. In the the Treasury every time they have In other words, how Congress taxes is brief minute or two I have this morn- been accomplished. more important than how much it can ing, let me address that a little bit Those who say that we cannot afford tax. The key is whether tax policy fos- more. a tax cut if we are serious about bal- ters economic growth and opportunity, Obviously, there are two tax rates ancing the budget seem to view the measured in terms of GDP, or results that produce no tax revenues to the economy as a zero-sum game. It is, in in a smaller and weaker economy. Treasury. One is 0 and the other is 100. my view, a very cynical view that Nineteen percent of a larger GDP rep- The point of mentioning 100 is to make seeks to divide people, baiting them resents more revenue to the Treasury the point that you can tax people too with envy and greed; no one can ever and is, therefore, preferable to 19 per- much—to the point that they will stop do better unless someone else does cent of a smaller GDP. doing the things that produce the reve- worse. It is like trying to divide a pie Mr. President, I want to conclude by nue that would then come into the into ever more slices, satisfying no one contrasting the proposed across-the- Treasury. When you have tax rates of in the process. board income tax rate cut with some of 90 percent or 80 percent or 70 percent, Some of us think that we should try the other tax cut proposals that have even, people find other things to do to make every American better off. We been offered. As Grover Norquist of with their money. Either they do not want to grow the economy—bake a big- Americans for Tax Reform said re- work as hard and generate the income, ger pie—so that all Americans can do cently, paraphrasing Mae West, ‘‘All or they find ways to shelter that in- better. That is what happened during tax cuts are good tax cuts, and even come or defer it so that they do not the Reagan years. I noted some of the bad tax cuts are good tax cuts.’’ In have to pay taxes. The result is that benefits of the Reagan tax cuts earlier other words, just about anything we do tax increases do not produce the reve- in my remarks, but other good things to leave more money in people’s pock- nues they are projected to produce. happened as well. Real median family ets is a good thing. That fact is true of the 1993 Clinton tax income grew every year but one be- I very strongly supported the $500- increase. People just changed their be- tween 1982 and 1989, rising $4,564 or 12.6 per-child tax credit that was in the havior as a result of the increased percent. Inflation virtually disappeared Balanced Budget Act last year. I co- taxes. by 1986, protecting all Americans, par- sponsored the proposal with Congress- The same thing is true when tax ticularly senior citizens on fixed in- man FRANK WOLF of Virginia when I rates are cut. When John F. Kennedy comes. served in the House of Representatives did it and when Ronald Reagan did it, And for those who suggest that it was with him in 1994. I would also support revenues to the Treasury increased the wealthiest who benefited most President Clinton’s proposed education dramatically. It is like having a week- from tax cuts, I would point out that credit. But the $500-per-child credit and end sale. The merchant does not do from 1981 through 1988, the share of all the education credit, unlike the pro- this to lose money when he reduces the income taxes paid by the top 1 percent posed 15-percent across-the-board rate price on his goods. He reduces the price of all taxpayers rose each and every cut, would help only families with chil- on the goods in order to attract more year from a low of 17.89 percent to a dren or those in pursuit of a college people to buy more goods so that even high of 27.58 percent. education. though he is making less per item, he The high-tax policies of the 1990’s The benefit of the across-the-board makes far more in gross terms. That is have had just the opposite effect. Real approach is that it reaches out to all exactly what happens when the Gov- median family income has declined Americans. Everyone would benefit. It ernment reduces marginal tax rates, $2,108 or 5.2 percent. Since the begin- says to the American people that we and what economists predict would ning of 1995, the economy has only trust them to spend their money in happen if there were an across-the- grown at a yearly rate of 1.6 percent. ways that are best for themselves and board 15-percent tax reduction in our More than a third of the new jobs cre- their families. It would allow people to income tax rate. ated have gone, not to people just en- keep more of every dollar earned from Under the Reagan administration, tering the work force or getting off of their extra effort in the work place—no Mr. President, not only did interest welfare, but to people who are taking matter what kind of work they do—and rates fall as a result of the tax rate an extra job just to make ends meet. from their extra investment—no mat- cut, but our economy grew for the Interest rates, which declined during ter what kind of investment they longest sustained period in the peace- most of 1995, are rising again after make. The broad nature of the tax cut, S6024 CONGRESSIONAL RECORD — SENATE June 11, 1996 applying to all forms of work and in- ity Leader ARMEY said on Sunday, ‘‘I current system of comprehensive insur- vestment, ensures that effort and cap- will not give up medical savings ac- ance is destroyed. We know whose ital are steered to the most productive counts,’’ and he dared the President to voice should be heard when Congress activities in the economy instead of veto the bill. The latest proposal clear- decides this issue—not the voices of those activities that the Government ly reflects this partisan strategy. greedy special interests, but the voices deems most important through tar- The Republican leadership pretends of those who depend on adequate insur- geted tax credits or deductions. their proposal is a fair attempt to deal ance to get the care they need at a It is also the fairest way to provide with concerns about medical savings price they can afford. tax relief. Everyone would be treated accounts. But it is nothing of the kind. The Kassebaum-Kennedy bill passed the same; tax rates would be cut 15 per- Under their proposal, medical savings the Senate by a bipartisan vote of 100 cent across the board, boosting take- accounts could be sold to all small to 0, without medical savings accounts. home pay and relieving a major source businesses and the self-employed im- It passed unanimously, because it con- of anxiety among people with middle mediately. This opens MSA’s to a mas- tained the noncontroversial, important and low incomes. sive market consisting of more than 40 insurance reforms that everyone Notably, a 15-percent rate cut would million workers—one-third of the Na- agreed on. The American people de- take revenues as a share of GDP back tion’s entire labor force. This is hardly serve to see those reforms enacted, not to where they were before Clinton took a controlled, limited test. jeopardized by the last-minute addition office—to 19.2 percent from the current Even more serious, experts agree of a partisan poison pill. 20.4 percent—effectively repealing the that the small business sector of the House Republicans should not turn a Clinton tax increase. health insurance market is the most bipartisan bill that could be passed by Therefore, I think it would be a very vulnerable to the disruption that medi- both Houses today and signed by the wise thing for Majority Leader BOB cal savings accounts would cause. The President tomorrow into just another DOLE in his quest for the Presidency— Joint Tax Committee concluded that election year issue. The American peo- and, frankly, for President Bill Clin- sales of medical savings accounts ple deserve a fair compromise on this ton, as he seeks reelection—to embrace would be concentrated in small- and highly controversial issue, and I con- the concept that the American people medium-sized firms. tinue to be hopeful that we can find a could not only do well individually as a The proposal would clearly go beyond satisfactory compromise to save this result of a reduction in income tax the bounds of what is acceptable, even needed bill. rates, but also that this would help to if it stopped there. But it does not. To those who genuinely believe that stimulate the economy and, ironically, After 3 years in which medical savings medical savings accounts offer an im- or paradoxically, as I said, end up pro- accounts are sold to this vast market, provement in the health care system, I viding more revenues to the Treasury the accounts would be expanded to ev- say let us work together to devise a to help us with deficit reduction and eryone. Only if both the House and fair test of the concept that will not the financing of all of the important Senate voted to stop the expansion put millions of American families at things that we want to finance as a re- would it be prevented. This is not a risk. The American people’s hopes for sult of the Federal Government’s ef- test. It is a travesty. insurance reform should not be held forts. The great danger of medical savings hostage to a partisan, special interest Mr. President, I hope that as this de- accounts is that they are likely to agenda. bate continues, we will be able to dis- raise health insurance premiums Mr. President, I yield the floor. cuss the concept of tax rate reductions. through the roof and make insurance Mr. GRAHAM addressed the Chair. I hope to cosponsor legislation to that unaffordable for large numbers of citi- The ACTING PRESIDENT pro tem- effect, and I hope we can begin the de- zens. They will discourage preventive pore. The Chair recognizes the Senator bate with the American people so that care and raise health care costs. They from Florida. Mr. GRAHAM. Mr. President, I ask a consensus can be developed and, as a are a multibillion-dollar tax giveaway unanimous consent to speak for 10 min- result of this election, we will have a to the wealthy at the expense of work- utes for purposes of introducing two mandate to reduce marginal income ing families and the sick. Their cost could balloon the deficit by tens of bil- bills. tax rates across the board. The ACTING PRESIDENT pro tem- f lions of dollars. The most troubling aspect of medical pore. Without objection, it is so or- REPUBLICAN PROPOSAL ON MEDI- savings accounts is the risk that they dered. Mr. GRAHAM. Mr. President, thank CAL SAVINGS ACCOUNTS AND will destroy the health insurance pool, you. THE HEALTH INSURANCE RE- and price conventional insurance out of FORM BILL (The remarks of Mr. GRAHAM pertain- the reach of most American families. ing to the introduction of S. 1859 are Mr. KENNEDY. Mr. President, yes- Medical savings accounts will raise located in today’s RECORD under terday, House and Senate Republicans premiums for the vast majority of ‘‘Statements on Introduced Bills and announced a compromise on medical Americans—especially those who are Joint Resolutions.’’) savings accounts. In reality, this com- sick and need coverage the most—by Mr. ROTH addressed the Chair. promise is a capitulation to House Re- siphoning the healthiest people out of The ACTING PRESIDENT pro tem- publicans who are more interested in the insurance pool. As premiums rise pore. The Chair recognizes the Senator creating an issue and serving a special for everyone else, more and more work- from Delaware. interest constituency than in passing a ing families will be forced to drop com- f bill. prehensive coverage. In the words of Medical savings accounts have be- the Congressional Budget Office, medi- TRIBUTE TO SENATOR BOB DOLE come the Trojan horse that could de- cal savings accounts ‘‘could threaten Mr. ROTH. Mr. President, it is dif- stroy health insurance reform. This un- the existence of standard health insur- ficult, if not impossible, to adequately tried and dangerous proposal does not ance.’’ Mary Nell Lenhardt, senior vice address the congressional career of our belong in the consensus insurance re- president of Blue Cross and Blue Shield departing majority leader in a 5- form bill. It has already been rejected concluded that MSA’s destroy ‘‘the minute floor statement. His accom- by the Senate. A bill containing it can- whole principle of insurance.’’ plishments in his 35 years as a Con- not be enacted into law and signed by The leading proponents of medical gressman and Senator—his successes the President. savings accounts are insurance compa- achieved while serving 11 years as Re- Democrats and the White House have nies like the Golden Rule Co., which publican leader—could fill volumes. offered a fair compromise, which would have been the worst abusers of the cur- Indeed, hours could be spent rehears- provide for a controlled and limited rent system. The strongest opponents ing BOB DOLE’s impressive record: His test of the MSA concept to see if it of medical savings accounts are organi- heroism in World War II; his early po- should be expanded. But the House Re- zations representing working families, litical career in the Kansas House of publican leadership has said that it senior citizens, consumers, and the dis- Representatives, followed by his suc- will be their way or no way. As Major- abled, who have the most to lose if the cesses here in Washington; his efforts June 11, 1996 CONGRESSIONAL RECORD — SENATE S6025 in 1964 to secure passage of the Civil this floor. Like other great majority can also generate cash for local govern- Rights Act; his historic work with Sen- leaders who have gone before, Senator ments to use to finance other nec- ator MOYNIHAN in 1983 to save the So- DOLE leaves his mark on this institu- essary improvement projects. Further- cial Security trust fund; his engineer- tion. As the Congressional Quarterly more, if impediments to these and ing the vote in 1991 to authorize U.S. recently pointed out, ‘‘ * * * as major- other public/private partnerships were forces to turn back Saddam Hussein’s ity leader, [Bob Dole] proved a point removed, it is estimated that as much tyranny in the Middle East; his support that badly needed proving * * *. The as $7.7 billion per year in new revenues for Kemp-Roth and the 22-percent re- Senate could be led.’’ could be generated through Federal in- duction in income taxes that ushered f come taxes paid by the private owners America into the longest peacetime of facilities that would be exempt PUBLIC/PRIVATE PARTNERSHIPS economic expansion in history; his under public ownership. FOR WASTEWATER TREATMENT staunch stand against President Clin- In addition to these fiscal consider- FACILITIES ton’s 1993 record-setting $241 billion tax ations, public/private partnerships in increase. Mr. LOTT. Mr. President, I rise today the wastewater treatment area also These are only a few of the mile- to urge action to foster public/private further environmental goals that stones in BOB DOLE’s journey from partnerships for wastewater treatment might otherwise be indefinitely de- modest beginnings in America’s heart- facilities. Today, Federal regulations layed. EPA estimates that existing and land to his noble objective today. Time and the tax code inhibit the ability of additional publicly owned treatment will not permit us to go beyond a few State and local governments to create works and other wastewater infrastruc- random milestones. But then again, public/private partnerships. By getting ture needs will require approximately Mr. President, the truth is that the Washington out of the way, local gov- $137 billion in capital investment over greatest leaders need the least amount ernments can acquire the much needed the next 20 years to comply with Clean of praise. They have written their sto- freedom to better manage competing Water Act requirements. Even the ries in the hearts and minds of the peo- demands for scarce governmental re- most optimistic scenarios give no rea- ple they serve. sources, and to make infrastructure son for blithe confidence that such Senator BOB DOLE has done just that. and servicing decisions that are best enormous sums will be readily avail- His story is one of courage, persist- for their citizens and the environment. able from Federal or State and local ence, character, discipline, and deter- What, my colleagues might ask, are treasuries. Given that qualified, experi- mination—the determination to over- public/private partnerships, and why do enced private companies can finance, come odds that would have vanquished they make good sense for wastewater build, own and operate wastewater a lesser individual. He is a man of deep treatment? treatment facilities in a cost-effective convictions and proven abilities. And The answer is that public/private and reliable manner, we should take everyone who has had the opportunity partnerships are voluntary, coopera- advantage of this opportunity to en- to serve with him understands that tive arrangements between a State or courage State and local governments just as solid as his past record, is his local government and a private sector to look to the private sector to meet vision for the future. He has outlined entity whereby that private sector en- the needs of their communities, use that vision in absolute terms. And with tity agrees to perform a public purpose scarce dollars to meet other pressing BOB DOLE there are no surprises. As service that would otherwise require needs, and simultaneously achieve the long as I have known him, his words the government to perform as well as environmental goals of the Clean have been exceeded by his deeds. pay for the service. In the wastewater Water Act. I believe that at the center of BOB treatment context, for example, it in- In light of these benefits of public/ DOLE’s vision is his economic message, volves a private entity building, im- private partnerships for wastewater, that we ‘‘deal with the deficit, proving, maintaining, and operating, one might ask: What’s the problem; and * * * couple that with tax cuts.’’ under long-term lease or as owner, sew- why have they not gone forward in Toward this end, Senator DOLE is both age treatment plants. The private en- more of the many communities that tenacious and pragmatic. He knows the tity invests private sector capital to see them as desirable; and why is legis- correlation between low taxes and eco- build or upgrade a plant to meet Clean lation needed? nomic growth, and he has proposed se- Water Act standards and other legal re- Federal legislation is needed because rious tax cuts. quirements. The State or local govern- three aspects of current law either im- BOB DOLE has been an effective leader ment and the Federal Government are pede or fail to provide adequate incen- during a time when this body addressed spared the need to spend scarce public tives and certainty for these partner- some of the most critical issues in his- funds on these plants, while retaining ships. tory: The need for a balanced budget the ability and authority to ensure First, Federal regulations discrimi- amendment; the need to strengthen compliance with all laws and reliable, nate against private entities owning and preserve Medicare; the need to pro- fairly priced service to their citizens. public purpose wastewater treatment vide effective, portable, and affordable Such public/private partnerships cut works by denying them the domestic health care coverage for Americans; costs and improve services. The private sewage exemption available to a public the need to guarantee the future of So- owner/operator is held accountable by owned treatment work [POTW] under cial Security; the need to keep a strong local government to the citizens it the Clean Water Act. It is impossible defense—a defense marked by high mo- services, to ensure that it maintains for a private entity to own and operate rale and the best, most effective mate- quality service and competitive pric- a plant under a partnership agreement riel available. He understands these is- ing. Studies have shown that private unless that plant is considered a sues intimately—as well as anyone— operation of public purpose facilities POTW. and he knows what must be done to see can result in a savings to State and Second, there is no Federal statutory that these need are met. local taxpayers of between 16 and 77 assurance that local governments may Mr. President, I will miss BOB DOLE. percent because of the superior exper- transfer existing treatment plants to And though I wish him all the best in tise and specialization of private firms private firms without having to pay his new endeavors, I will miss his daily as well as the built-in incentives that back to the Federal Government the leadership here on the Senate floor. I are created through competition. As Federal grant money originally used to will miss his quick wit; his sense of EPA has recognized, private companies build or improve the plant. The Clean humor. I will miss his deliberate style, often can also construct, improve, and Water Act contains no such require- and his uncanny ability to turn asser- maintain facilities more cost effec- ment, but Federal regulations require tive and aggressively intellectual into tively than can the government by tak- total repayment for transfers of a cohesive team. ing advantage of economies of scale wastewater and other infrastructure to On a personal note, I am grateful for and cost-reducing advances in tech- a private entity. Recognizing the coun- the chance I have had to serve with nology long before their public coun- terproductive effects of those require- BOB DOLE. I am grateful for our friend- terparts. Transferring a wastewater ments, Presidents Bush and Clinton is- ship, for our years working together on treatment facility to a private entity sued Executive order requiring only S6026 CONGRESSIONAL RECORD — SENATE June 11, 1996 partial payback for certain wastewater for everyone. Removing the Federal ob- which of us are for less Washington plant transfers. Legislation is needed stacles to public/private partnerships spending; which of us are for more to address this issue in law and provide for wastewater treatment does not cut taxes and which of us are for less taxes. certainty to communities for planning. government service, it only cuts gov- And most importantly, which of us are Finally, the Tax Code also hinders ernment restrictions and burdens— willing to do what’s necessary to stop private investments in wastewater something we in America need to be the stranglehold that the deficit places treatment facilities. In order to stimu- doing. Doing so will also save money, on our economic future. late public/private partnerships for yield environmental benefits, and serve Some say deficits don’t matter. But wastewater treatment, it is essential as a pilot for similar challenges by fos- the fact is that the Federal budget defi- to ensure that Federal tax provisions tering an innovative, market-based ap- cit is like a tax hike on working fami- do not discourage private sector in- proach without increasing the burden lies. vestment and long-term operation of on State and local governments. The deficit drives up interest rates— treatment plants. The changes to the f and not by a little but by a lot. It is a Tax Code I have in mind are appro- stealth tax that every family with a FISCAL YEAR 1997 BUDGET priate for wastewater treatment facil- home, every father and mother with a RESOLUTION ity public/private partnerships because child in college, every young person these transactions will not alter the Mr. DOLE. Mr. President, soon the who buys a car must pay, and pay, and original public purposes served by Senate will act on the conference re- pay. wastewater treatment facilities—pro- port on the fiscal year 1997 budget reso- What does this stealth tax cost in viding wastewater services to commu- lution. I had hoped that the Senate dollars? Over $36,000 on a typical home nities. I would be delighted to provide could have passed this conference re- mortgage. More than $1,400 on an ordi- my colleagues with details of these im- port by today, but final action will nary student loan. Nearly $700 on a portant changes. occur soon. typical car loan. Legislative initiatives seeking to ad- When the Senate passes the fiscal Remember that in 1994, the Federal dress some of these problems have been year 1997 budget resolution, it will be Government spent $203 billion in inter- undertaken, but they are either doing important work because no pol- est on the Federal debt—more than it trapped in a more comprehensive bill icy is more important to the economic spent on education, job training, public or address a broad array of public/pri- future of all Americans, and particu- works, and child nutrition combined. vate partnerships extending well be- larly to the future of our children, than In 1994, Americans paid an average of yond wastewater treatment. Moreover, a balanced budget. $800 per person in taxes just to service none of the initiatives thus far address- We will also be fulfilling our promise interest on the debt—again, not to pay es the significant disincentives created to the American people to balance the off the debt or even to reduce the debt, by provisions of the Tax Code. budget by the year 2002. I am proud of just to pay the interest on the debt. The House has taken steps to address our achievement in keeping our prom- We simply cannot continue to mort- some of these points. The Clean Water ise to the American people and I am gage America’s future. If we continue Act Amendments of 1995, H.R. 961, proud of this budget. current tax and spending policies, fu- passed by the House a year ago, in- The fiscal year 1997 budget resolution ture generations will be saddled with cludes provisions that statutorily de- balances the Federal budget in 6 years. effective tax rates of more than 80 per- fine public owned treatment works so It reduces overall Federal spending cent. that regulations are based on the pur- by more than $700 billion over the next Mr. President, let’s do what’s right. pose and actual operations of a 6 years. Let’s pass the fiscal year 1997 budget wastewater treatment facility rather It provides family tax relief of $122 resolution. Let’s do everything we can than the identity of its owner. It would billion for a $500-per-child tax credit to this year to preserve the American provide the legal certainty necessary help America’s working families. dream of economic security for future for State and local governments to It provides for real welfare reform. generations of Americans. Our children transfer wastewater treatment facili- And it would prevent the Medicare and our grandchildren deserve no less ties to qualified private sector compa- program from pending bankruptcy. The from us. nies. In addition, it provides for a grant Medicare trustees reported last week Mr. President, I yield the floor. I sug- repayment approach whereby the State that Medicare is going broke more gest the absence of a quorum. and local governments are able to re- quickly and in this budget we save The ACTING PRESIDENT pro tem- cover their investment in the Medicare from bankruptcy in the year pore. The clerk will call the roll. wastewater treatment facility, and 2001. The assistant legislative clerk pro- then are only required to repay the That’s why this is a good conference ceeded to call the roll. undepreciated portion of any Federal agreement. It represents some com- Mr. DOLE. Mr. President, I ask unan- grants. While the House provision on promises between the House and the imous consent that the order for the grant repayment is a step in the right Senate. No one got everything they quorum call be rescinded. direction, I believe that the Federal- wanted. But it’s the right budget for The ACTING PRESIDENT pro tem- aid Facility Privatization Act, S. 1063, now and for putting us on strong pore. Without objection, it is so or- of which I am a cosponsor, takes a bet- course for the next century. dered. ter approach to the difficult problem Mr. President, it is no small accom- faced by municipalities that are con- plishment that all of us now agree that f fronted with deteriorating infrastruc- the budget should be balanced by the ture of all kinds, obsolete technology, year 2002. That’s a big change from this tougher regulatory requirements, and a time last year when we were debating ORDER OF PROCEDURE shortage of funds to finance and oper- the budget. Now it’s not just Repub- Mr. DOLE. Mr. President, let me in- ate the wide variety of essential infra- licans saying it, but all of us, from Re- dicate in advance, I want to get con- structure projects that need improve- publicans to blue dog Democrats to the sent in a second to proceed to some ment. S. 1063 improves on the House President. That in itself is good news nominations. There are 34. We are still grant repayment provision by allowing for America. trying to clear others. I still hope we total forgiveness of those grants. The But we’re not there yet. Last year we can clear some of the judges. I ask my local governments are really the best passed the first balanced budget in a friends on both sides of the aisle to see ones to decide how to use the money generation. But President Clinton ve- if they cannot come together here in the Federal Government has given toed it. the next hour or two and free up many them for public purposes. I hope all Senators will support this of the judicial nominations. But we are Mr. President, I would hope that my budget resolution to finally get the job making progress. I think this is some colleagues will consider this matter done. This budget will help define for indication of that. I thank my col- carefully, and that we can get together the American people which of us are leagues and Senator DASCHLE and his and do it soon. It should be a win-win for more Washington spending and colleagues. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6027 EXECUTIVE SESSION and Information Science for a term expiring ed States of America to the Republic of July 19, 2000. Chad. CORPORATION FOR NATIONAL AND COMMUNITY Prudence Bushnell, of Virginia, a Career EXECUTIVE CALENDAR SERVICE Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraor- Robert B. Rogers, of Missouri, to be a Mr. DOLE. Mr. President, I ask unan- dinary and Plenipotentiary of the United Member of the Board of Directors of the Cor- imous consent that, in executive ses- States of America to the Republic of Kenya. poration for National and Community Serv- sion, the Senate proceed en bloc to the Morris N. Hughes, Jr., of Nebraska, a Ca- ice for a term of three years. (New Position) following nominations on today’s Exec- reer Member of the Senior Foreign Service, utive Calendar: Nos. 490, 491, 492, 495, HARRY S TRUMAN SCHOLARSHIP FOUNDATION Class of Counselor, to be Ambassador Ex- 496, 497, 540, 541, 542, 549, 550, 551, 552, Elmer B. Staats, of the District of Colum- traordinary and Plenipotentiary of the Unit- 553, 556, 557, 558, 559, 562, 564, 565, 566, bia, to be a Member of the Board of Trustees ed States of America to the Republic of Bu- of the Harry S Truman Scholarship Founda- 567, 568, 569, 570, 571, 572, 578, 601, 602, rundi. tion for a term expiring December 10, 2001. DEPARTMENT OF JUSTICE 603, 604, 605, and all nominations placed (Reappointment) on the Secretary’s desk in the Coast John R. Lacey, of Connecticut, to be a NATIONAL MUSEUM SERVICES BOARD Guard. Member of the Foreign Claims Settlement The ACTING PRESIDENT pro tem- David A. Ucko, of Missouri, to be a Mem- Commission of the United States for a term ber of the National Museum Services Board pore. Without objection, it is so or- expiring September 30, 1998. (Reappointment) for a term expiring December 6, 1999. NUCLEAR REGULATORY COMMISSION dered. Alberta Sebolt George, of Massachusetts, Mr. DOLE. I further ask unanimous to be a Member of the National Museum Hubert T. Bell, Jr., of Alabama, to be In- consent that the nominations be con- Services Board for a term expiring December spector General, Nuclear Regulatory Com- firmed en bloc; that the motions to re- 6, 1998, vice Ruth K. Watanabe, term expired. mission. NATIONAL TRANSPORTATION SAFETY BOARD consider be laid upon the table; that NATIONAL INSTITUTE FOR LITERACY ADVISORY any statements relating to the nomina- BOARD James E. Hall, of Tennessee, to be Chair- tions be placed in the RECORD; that the Audrey Tayse Haynes, of Kentucky, to be a man of the National Transportation Safety President be immediately notified of Member of the National Institute for Lit- Board for a term of 2 years. (Reappointment) the Senate’s action; and further, that eracy Advisory Board for a term expiring Oc- DEPARTMENT OF DEFENSE the Senate then return to legislative tober 13, 1998. Robert E. Anderson, of Minnesota, to be a Mary Dodd Greene, of Texas, to be a Mem- Member of the Board of Regents of the Uni- session. ber of the National Institute for Literacy The ACTING PRESIDENT pro tem- formed Services University of the Health Advisory Board for a term expiring October Sciences for a term expiring June 20, 2001. pore. Without objection, it is so or- 12, 1998. Lonnie R. Bristow, of California, to be a dered. Mark Edwin Emblidge, of Virginia, to be a Member of the Board of Regents of the Uni- The nominations considered and con- Member of the National Institute for Lit- formed Services University of the Health firmed, en bloc, are as follows: eracy Advisory Board for a term expiring Sciences for a term expiring June 20, 2001. LEGAL SERVICES CORPORATION September 22, 1998. Shirley Ledbetter Jones, of Arkansas, to LaVeeda Morgan Battle, of Alabama, to be Toni G. Fay, of New Jersey, to be a Mem- be a Member of the Board of Regents of the a Member of the Board of Directors of the ber of the National Institute for Literacy Uniformed Services University of the Health Legal Services Corporation for a term expir- Advisory Board for a term expiring October Sciences for a term expiring May 1, 2001. 12, 1998. ing July 18, 1998. (Reappointment) IN THE COAST GUARD Richard L. Morningstar, of Massachusetts, John N. Erlenborn, of Illinois, to be a Coast Guard nominations beginning Vin- Member of the Board of Directors of the for the rank of Ambassador during his tenure of service as Special Advisor to the President cent Wilczynski, and ending James R. Dire, Legal Services Corporation for a term expir- which nominations were received by the Sen- ing July 13, 1998. and to the Secretary of State on Assistance to the New Independent States (NIS) of the ate and appeared in the Congressional Edna Fairbanks-Williams, of Vermont, to Record of April 19, 1996. be a Member of the Board of Directors of the Former Soviet Union and Coordinator of NIS Assistance. Coast Guard nomination of Andrew J. Legal Services Corporation for a term expir- Sorenson, which was received by the Senate ing July 13, 1998. (Reappointment) Dane Farnsworth Smith, Jr., of New Mex- ico, a Career Member of the Senior Foreign and appeared in the Congressional Record of HARRY S TRUMAN SCHOLARSHIP FOUNDATION Service, Class of Minister-Counselor, to be May 22, 1996. Norman I. Maldonado, of Puerto Rico, to Ambassador Extraordinary and Pleni- STATEMENT ON THE NOMINATION OF AUDREY be a Member of the Board of Trustees of the potentiary of the United States of America TAYSE HAYNES Harry S Truman Scholarship Foundation for to the Republic of Senegal. Mr. FORD. Mr. President, I rise a term expiring December 10, 1999. George F. Ward, Jr., of Virginia, a Career Luis D. Rovira, of Colorado, to be a Mem- today in support of the nomination of Member of the Senior Foreign Service, Class Audrey Tayse Haynes to the National ber of the Board of Trustees of the Harry S of Minister-Counselor, to be Ambassador Ex- Truman Scholarship Foundation for a term traordinary and Plenipotentiary of the Unit- Institute of Literacy Advisory Board. expiring December 10, 2001. ed States of America to the Republic of Na- Audrey Tayse Haynes, a fellow Ken- BARRY GOLDWATER SCHOLARSHIP AND mibia. tuckian, is a distinguished community EXCELLENCE IN EDUCATION FOUNDATION Sharon P. Wilkinson, of New York, a Ca- and business leader. She currently Donna Dearman Smith, of Alabama, to be reer Member of the Senior Foreign Service, serves as the executive director of a Member of the Board of Trustees of the Class of Counselor, to be Ambassador Ex- Business and Professional Women Barry Goldwater Scholarship and Excellence traordinary and Plenipotentiary of the Unit- U.S.A. and the National Federation of in Education Foundation for a term expiring ed States of America to Burkina Faso. Business and Professional Women’s March 3, 1998. Kenneth C. Brill, of California, a Career Member of the Senior Foreign Service, Class Foundation. SAINT LAWRENCE SEAWAY DEVELOPMENT Audrey’s credentials are outstanding CORPORATION of Minister-Counselor, to be Ambassador Ex- William L. Wilson, of Minnesota, to be a traordinary and Plenipotentiary of the Unit- and her background in education is ex- Member of the Advisory Board of the Saint ed States of America to the Republic of Cy- emplary. Aside from receiving her Lawrence Seaway Development Corporation. prus. bachelors degree and her masters de- Day Olin Mount, of Virginia, a Career COMMUNICATIONS SATELLITE CORPORATION gree in social work from two of Ken- Member of the Senior Foreign Service, Class tucky’s finest institutions of higher Barry M. Goldwater, Sr., of Arizona, to be of Minister-Counselor, to be Ambassador Ex- a Member of the Board of Directors of the traordinary and Plenipotentiary of the Unit- education, Spalding University and the Communications Satellite Corporation until ed States of America to the Republic of Ice- University of Kentucky, Audrey served the date of the annual meeting of the Cor- land. as the executive director of the Ken- poration in 1998. (Reappointment) Charles O. Cecil, of California, a Career tucky Literacy Commission from 1989 Peter S. Knight, of the District of Colum- Member of the Senior Foreign Service, Class to 1993. In addition, she has served as a bia, to be a Member of the Board of Directors of Minister-Counselor, to be Ambassador Ex- member of both the Kentucky State of the Communications Satellite Corpora- traordinary and Plenipotentiary of the Unit- tion until the date of the annual meeting of Board for Elementary and Secondary ed States of America to the Republic of Education and the National Associa- the Corporation in 1999. (Reappointment) Niger. NATIONAL COMMISSION ON LIBRARIES AND David C. Halsted. of Vermont, a Career tion of Literacy Directors. She has also INFORMATION SCIENCE Member of the Senior Foreign Service, Class received the honor of being a distin- C.E. Abramson, of Montana, to be a Mem- of Minister-Counselor, to be Ambassador Ex- guished recipient of the Martha ber of the National Commission on Libraries traordinary and Plenipotentiary of the Unit- Wilkinson Education Award. S6028 CONGRESSIONAL RECORD — SENATE June 11, 1996 Audrey Tayse Haynes has made sig- The assistant legislative clerk pro- ments on Introduced Bills and Joint nificant contributions to the Common- ceeded to call the roll. Resolutions.’’) wealth of Kentucky through her tenure Mr. DOLE. Mr. President, I ask unan- f as director of human resource develop- imous consent that the order for the CAMPAIGN FINANCE REFORM ment for the Kentucky Department of quorum call be rescinded. Mental Health and Retardation, as di- The ACTING PRESIDENT pro tem- Mr. DOLE. Mr. President, later today rector of prevention and training pro- pore. Without objection, it is so or- I will introduce a bipartisan commis- grams at training and development re- dered. sion bill on campaign finance reform, sources and as a chemical dependency f something I talked about in 1990—not counselor. The combination of last week or last year, and it is in the IDEA Audrey’s background in education and RECORD. In fact, Senator Mitchell and I human services with her excellent Mr. DOLE. Mr. President, on April 14, even experimented with our own limits leadership ability make her an ideal 1969, I gave my first speech on the Sen- commission. The problem was there candidate for the National Institute of ate floor. I spoke about people with dis- was not any enforcement there, so Con- Literacy Advisory Board. I whole- abilities—the challenges they face in gress did not do anything. heartedly support this nomination and their daily lives and how appropriate I am no rocket scientist, and I have urge my colleagues to vote to confirm services can make a big difference by been here long enough to know that if Republicans were in charge, we will try this deserving nominee. I thank the giving them a shot at opportunities to have a bill better for us, and if the Chair and I yield the floor. others take for granted. Thus, as I Democrats are in charge, they will f leave the Senate today, it is with a sense of symmetry and continuing mis- want a bill that is better for them. I LEGISLATIVE SESSION sion that I am pleased today to rise in will introduce a bill later, along with a The ACTING PRESIDENT pro tem- support of the Individual with Disabil- statement calling for a bipartisan com- pore. Under the previous order, the ities Education Act. mission which would have some teeth Senate will now return to legislative I might say, we hoped to have that in it so, if they made recommenda- session. cleared. There is some problem. tions, Congress would act up or down. I hope it is something we could get our f IDEA, as it is often called, gives States important financial help to edu- arms around. It will not happen soon, WORLD TRADE ORGANIZATION cate students with disabilities and, in but I think we need to focus on it. Mr. DOLE. Mr. President, I will not turn, provides students with disabil- We are into another election cycle. I make a unanimous-consent request, ities with the guarantee of a free and know there is a lot of criticism by a lot but I will just say, again, a word about appropriate public education. of people about fundraising. None of us the WTO modification, the World Mr. President, there are some issues likes to do it. I do not. I believe we can Trade Organization. that transcend politics, foster a bipar- address this in a responsible, objective As I indicated earlier this morning, it tisan spirit, and result in legislation way by finding people outside of poli- seems to me it is not a partisan meas- that makes a real and lasting dif- tics who understand the problem and can deal with it and treat all of us fair- ure. It just gives Congress some input, ference. In my view, disability has al- ly, whether we are, again, Republicans some authority and some responsibil- ways been one of those issues. or Democrats. I yield the floor. ity. We know the American people are Perhaps no legislation has been more The ACTING PRESIDENT pro tem- concerned about job loss, about export- important in improving opportunity pore. The Chair advises that under a ing jobs and about all these inter- for young people with disabilities than previous order, the time between 10 national faceless, nameless bureau- IDEA. In 1975, I was honored to help o’clock and 12 noon is under the con- crats who make decisions that might craft the first IDEA legislation. trol of the Senator from Oklahoma. impact on their job. So it occurred to At that time, as unbelievable some The Chair recognizes the Senator from me the Congress should have some say, may find it today, millions of young Oklahoma. and we should be able to initiate with- people were not allowed into school, f drawal from the World Trade Organiza- simply because they had a disability. tion. IDEA has helped change that, and TRIBUTE TO SENATOR BOB DOLE I think if we go back and look at the IDEA is as important today as it was 21 Mr. NICKLES. Thank you, Mr. Presi- past, we will find that most Presidents years ago. But the world has changed, dent. I yield to the Senator from Kan- are reluctant to do that, regardless of and so, too, must IDEA. sas, Senator KASSEBAUM, 5 minutes. party. So this would give Congress, This latest reauthorization bill cuts Mrs. KASSEBAUM. Mr. President, I Democrats and Republicans—probably administrative redtape, provides think it is appropriate that Senator working together—a right to initiate States more flexibility in spending DOLE, in one of his last acts of the Sen- withdrawal from the World Trade Orga- Federal funds, demands greater ac- ate, introduced legislation to provide nization. To me, those who voted countability for educational results for security of the Medicare trust fund. against NAFTA or GATT—this per- and helps educators maintain safe It was his strong endorsement and tains only to GATT, the World Trade schools—without sacrificing any of the leadership at the beginning of the Organization—but this would be send- important protections IDEA gives stu- 1980’s that addressed the solvency of ing a very strong signal. dents with disabilities. the Social Security system. Just yes- It would also, I think, be helpful; it I want to acknowledge the hard work terday, he was instrumental in bring- might send a strong enough signal that of Senators FRIST and HARKIN. Their ing a number of us together to address some of our unfair competitors in for- efforts have paid off in a good bill, and the concerns of health insurance re- eign countries understand that we are I congratulate them. form. It is my hope we can reach across serious about this. We are concerned Mr. President, I do not know what the aisle and forge with the adminis- about American jobs, whether they be judgments historians of the future will tration a lasting piece of legislation in Georgia or Kansas, wherever, and make of my record in the Senate. But, addressing many of the concerns re- that we in Congress are accountable. for me, I can think of no more impor- garding health insurance reform. We are on the ballot every 6 years or tant issue in a personal sense than dis- For nearly 18 years, Mr. President, every 2 years. ability, one that I have pursued with Senator DOLE and I have served as So I hope sometime before—let us more constancy or greater pride, or has partners in representing Kansas in the just pick a number, say 2 o’clock—we made a greater difference in people’s U.S. Senate and in working on many can clear this and pass it. If not, I will lives. I hope others will reflect that other issues. We have not always leave it up to my friend from Georgia what I did was right, not merely con- agreed, but far more often we have to take care of it after I am gone. venient. agreed. More importantly, Mr. Presi- I suggest the absence of a quorum. (The remarks of Mr. DOLE pertaining dent, we have respected each other’s The ACTING PRESIDENT pro tem- to the introduction of S. 1856 are lo- dedication. Today, that partnership pore. The clerk will call the roll. cated in today’s RECORD under ‘‘State- ends, at least in its current form. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6029 This day creates many mixed emo- no doubt at all that he will do that job phrases—words to be used for a holiday tions. Like others in this Chamber, I and meet that challenge. BOB DOLE is a speech. For BOB DOLE, it is the stand- will miss BOB DOLE’s steady presen- remarkable man with an extraordinary ard under which he has led his life—a tation and his can-do attitude that has life story, yet on this day all I can offer badge of honor he wears even today. helped the Senate through so many him is a heartfelt thank you for all The 3 years and nine operations it rough times. I know Kansans also view that he has done for me and for Kansas took for BOB to rehabilitate required his departure with some trepidation. and the Nation. strength and perseverance, a burden At the same time, I believe that Sen- I yield the floor. too great for some to carry. But BOB ator DOLE has made the right choice by Mr. NICKLES. Mr. President, I thank DOLE was never one to give up—not deciding to focus all of his time, en- the Senator from Kansas for her elo- even under the most difficult of cir- ergy, and skill on the Presidential quent remarks. She has known Senator cumstances. campaign. It is a mark of his dedica- DOLE and worked with Senator DOLE His determination to recover and get tion and commitment that he would maybe closer than any of us over the back on his feet was backed up by the give up so much in order to bring his last several years. She, likewise, will now-legendary support of his friends, very best to the challenge at hand. It be retiring this year and certainly will family and community, when the peo- also, I think, marks his confidence. be missed by all of us in this body. She ple of Russell passed around a cigar box In our years together here, BOB DOLE has brought a certain degree of civility to raise the $1,800 needed to pay BOB’s and I have created a spirit of coopera- that is certainly needed in this body. I medical bills. tion and teamwork in representing our compliment Senator KASSEBAUM for BOB has never forgotten their gener- State. There is no one who understands her statement. osity. He still keeps that cigar box, the middle America and grassroots senti- Next, I call on Senator GRAMS from receipts and the love and support they ment better than BOB DOLE. That is Minnesota. represent in his office, and recalling where his roots are. We have joined Mr. GRAMS. I thank the Senator. those days still overwhelms him with forces many times to see the needs of Mr. President, I want to pay tribute to heartfelt emotion. Kansans were addressed and that the a man who, for 20 some years, while in Upon recovering from his war inju- the broadcast news industry, I used for concerns of Kansans were voiced clear- ries, BOB wanted to give something sound bites and sources of information. ly and forcefully. I could not have back to his community—he chose pub- I have now had the pleasure, over the asked for a better partner in helping lic service. Since receiving his law de- last 2 years, to work with him in the me. I hope my support for him in those gree in 1952, public service has been ex- Senate and am now able to call him a efforts has been worthwhile as well. actly what BOB DOLE’s life has been friend. Our work together has ranged across about. Public service has led him all BOB DOLE’s name alone stirs up many the spectrum of issues and problems. images among the American people. the way to the U.S. Senate, and now, Countless hours were spent helping the White House. BOB DOLE—war hero, Congressman, farmers get through the credit crunch The character traits that BOB DOLE Senator, party chairman, majority of the 1980’s. No one understood that leader, Presidential candidate. learned since his humble beginnings in OB OLE better than B D . Today, there are Yet, when I think of BOB DOLE, other small town America have been re- family farms across our State and our words come to mind: midwesterner, flected in his everyday work as a Sen- Nation who still work their own lands mentor, colleague, and most of all, ator. due to BOB DOLE’s leadership. friend. I’m sure that all of us in this BOB has consistently worked for a We have gone to bat repeatedly to as- Chamber feel the same way, and today, Government that serves the people but sist our aviation manufacturers to get we honor BOB DOLE, our leader, our dis- is a accountable to the taxpayers who fair treatment in world markets. tinguished colleague from Kansas, our pay for it, and a society that is based Today, there are thousands of aircraft friend. on people helping people without creat- workers producing airplanes that As BOB leaves Washington to return ing a permanent dependency on Gov- might never have been sold without home back to the heartland of our ernment. BOB DOLE’s firm hand and persistent ef- great Nation, I wanted to share some of These principles have been apparent forts. Senator DOLE took the lead in my thoughts about this man whose life in his efforts to balance the Federal the effort to rebuild McConnell Air story and distinguished career reflects budget, return hard-earned tax dollars Force Base in Wichita, KS, after a dev- the very values we cherish most as to the middle class, overhaul the wel- astating tornado swept through the Americans. fare system, and preserve programs outskirts of Wichita. He saw to it that BOB was born and raised in Russell, like Medicare for generations to come. every small town in Kansas had a tor- KS—living the small town American I am proud to say that I had the op- nado warning siren to protect its citi- life about which legends are made. His portunity to stand at BOB DOLE’S side zens. family was not wealthy; in fact, during during these debates, to have worked Mr. President, through all of these the Depression, the Doles, like many with him in making our Nation a bet- years, no challenge has been too large families, had to put together just to ter place for our children and grand- and no concern has been too small for make ends meet, moving into the base- children. Senator DOLE. Our State motto is ad ment of their home in order to rent out But BOB has been more than just a astra per aspera, ‘‘to the stars through the rest of their house. colleague—he’s been my friend. When I difficulties.’’ I have never known Sen- As a young man, BOB worked as a campaigned for my seat in the Senate, ator DOLE to not look at a challenge popular soda jerk at a local drug store, BOB came into Minnesota five times. and find a way to address it. He has learning early on the lessons of hard As a fellow Midwesterner, BOB knows been a tireless champion for our State work, fiscal responsibility and the my State, its people, and our heritage. in every farm bill, every tax bill, every value of a hard-earned dollar. Minnesotans like BOB DOLE; he is one bill of any kind that touched Kansas Growing up in Kansas taught BOB the of us. and, more importantly then, by exten- importance of patriotism and sacrifice. BOB’s friendship extends beyond the sion, the Nation. As a direct result of It’s not surprising that at the age of 19, 1994 campaign. Shortly after arriving his efforts, our State is a better place BOB answered the call to serve his in the Senate, I got caught up in one of to live, to work, and to go for school. country by joining the Army to fight last year’s biggest fights over national His legacy is written not merely in in World War II. policy: whether or not to include tax laws but in a better life for every Kan- And by now, everyone should be fa- cuts in the budget. I promised the peo- san. miliar with the story of BOB crawling ple of Minnesota that I would not sup- It is with a mixture of regret and out of his foxhole during heavy shelling port a budget that did not include tax pride that I say goodbye to Senator in the hills of Italy to save a wounded relief for the middle class. DOLE today. We will miss him deeply. I colleague, only to be hit by Nazi ma- BOB understood my pledge, and will miss him most of all. I know that chinegun fire. though he could not, as Senate major- there is other work for him to do now, There are some for whom love of ity leader, take public sides on the de- other challenges to be met, and I have country and self-sacrifice are just bate, he privately encouraged me to S6030 CONGRESSIONAL RECORD — SENATE June 11, 1996 stick to my guns, telling me not to home runs. But the reason we remem- as a personal tribute to the fact that give way on my principles. Sure ber him is because he endured over a we have been privileged to serve with enough, when the final budget came long period of time and set the record one of the great Americans of our his- out, tax cuts were included, thanks in for the most home runs in an entire ca- tory, the Senator from Kansas, the ma- no small part to BOB DOLE’s support. reer, which stood until Hank Aaron jority leader, our friend, BOB DOLE. On May 15, I had the opportunity to came along and did more over an entire Mr. NICKLES. Mr. President, I thank join many of my colleagues in standing career. the Senator from Utah for his excellent with BOB again as he announced his We must judge Senators, public lead- speech. I appreciate his comments very resignation from the Senate. Like ers, not on the basis of a brilliant sea- much. Next, I will yield 5 minutes to many of those who heard the speech, I son, or a brilliant speech, or a brilliant the Senator from Florida. was moved by his words, particularly campaign, but by what they do over a The PRESIDING OFFICER. The Sen- when he said to the American people: long career. ator from Florida. ‘‘I will stand before you without office BOB DOLE came to the U.S. Senate in Mr. MACK. Mr. President, I come to or authority, a private citizen, a Kan- 1969, the year Richard Nixon assumed the floor of the U.S. Senate today to san, an American, just a man.’’ the Presidency. I was in Washington at bid farewell to a friend, a leader, a col- I thought to myself about this man— the time and had the privilege of serv- league, and an authentic American a man who has served his Nation in ing in the Nixon administration. It was hero. BOB DOLE embodies what is right times of war and peace with honor and known around town that BOB DOLE was about America. Seasoned by the values integrity, who carries through when he the ‘‘rookie of the year.’’ BOB DOLE was and humble atmosphere of small-town gives his word, who has sacrificed so the brightest star of the new Senators America, the experience of war, and much of himself for the country he taking office as a result of the 1968 perseverance through physical trials, loves so dearly. campaign. Now, did he have a single BOB DOLE has earned the respect and BOB is not a man who learned his po- brilliant season? Fast-forward the tape. admiration of us all. litical philosophy from a book, but in- In 1976, BOB DOLE was chosen as the He is a legendary legislator who is stead, developed it as the result of his party’s Vice Presidential nominee. It known for his honesty, integrity, and life experiences, from the people whose was not a flash in the pan in his first fair-mindedness. BOB DOLE is an au- lives he has touched and whose lives experience in the Senate. He was a na- thentic war hero who stood on the touch him, and the commonsense wis- tional figure chosen to be number two front lines in the fight against tyranny dom one can only expect from a son of on the ticket. That ticket failed. Did and sacrificed so that others may live the Midwest. BOB DOLE fade? In 1985, after Howard in freedom. He understands the com- It is with this wisdom and the good Baker retired from the Senate, BOB mitment and sacrifice necessary to feelings of all of us who have known DOLE was chosen by his colleagues to protect and preserve freedom. be the majority leader, and then he and grown to respect BOB that he I would like to share a couple of sto- closes this chapter of his incredible life went on to serve longer in that posi- ries with my colleagues, one having to story, only to open a new one—full of tion than any other Republican in his- do with a trip to France back in the the promises and hope that have tory. mid-1980’s. I had an opportunity to re- When we look at this man, we can marked his life. And while I am sad- spond to questions from a French audi- pick out the brilliant seasons here and dened to see him go, I am comforted by ence for almost 2 hours and at the end there, but the real legacy of BOB DOLE of that, had the opportunity to ask the fact that the Senate’s loss is the is the long career, putting together a them a question. I told them I was American people’s gain. string of brilliant seasons and a long I look forward to traveling with BOB going to be returning to America in a legacy of service. across this great country, a country he I remember, as a new Senator, listen- few days, and I wanted to know what has served with distinction throughout ing to the then majority leader, George they would tell me to tell the people of his life, and introducing to the Amer- Mitchell, talk about service in the Sen- Florida about what they thought of our ican people, a man I am honored to call ate. He said that it is a great honor to Nation. The first several people who my friend, BOB DOLE. serve in the Senate of the United came and stood up said that we think Mr. NICKLES. Mr. President, I thank States, and that very few people have of America as a great, dynamic, grow- the Senator from Minnesota for his had that honor. And then he went on to ing country, and one that is providing comments. I call upon Senator BEN- say, with some truthfulness and a little opportunities for millions of Ameri- NETT from Utah for 5 minutes. wry smile, that many of those people cans. Mr. BENNETT. I thank the Senator. disappear and are forgotten after they The third person that stood up was a Mr. President, we here in the greater have left the Senate and leave behind fellow who was probably his late seven- Washington area have been celebrating no legacy whatsoever. He said that ties or early eighties, a little bit the remarkable baseball career of Cal only a few make a serious difference by wobbly, steadying himself with a cane, Ripken. I sometimes do not like sports virtue of their service in the Senate. and looked me square in the eye, and analogies, but I would like to draw on And then he said that one of those that he said, ‘‘When you go back to Amer- one relating to Cal Ripken, and other we serve with, whom we know will be ica, you tell the people of your country sports heroes, to give you my take on remembered for his towering contribu- that we will never forget that it was the majority leader, the Senator from tion—and these are not his exact the American GI that liberated our lit- Kansas, BOB DOLE. words, but I am not doing violence to tle town.’’ We have sports heroes in the various them—will be BOB DOLE. The second story is the opportunity sports that we follow in this country, I thought that was a particularly that I had, along with some of my who will have a brilliant season, and as generous tribute for George Mitchell to other colleagues here on the floor of a result of that brilliant season, be all pay to his adversary across the aisle. the U.S. Senate, to be in Italy with BOB over the papers as a tremendous per- That comes to mind now as we con- DOLE at the time he returned to the former. And then something happens template Senator DOLE leaving this battlefield where he was wounded and and they fade from our consciousness. arena in order to compete in another. stood on the road as he looked over to If I can switch from the Orioles for It is not the brilliant season, it is not the area in which he laid for 9 hours be- just a moment and go back to the New one particular campaign, or one par- fore being rescued. Later, we walked York Yankees, I would like to talk ticular legislative accomplishment down the street of this little town about Roger Maris, who set a record for that we remember. We honor the fact where BOB DOLE laid a wreath at a the most home runs in a single season. that this man has been at the center of monument in memory of those individ- When you think of the primary home American politics for longer than any uals who gave their lives in defense of run hitter of the Yankees, you do not of the rest of us, in a serious way, in freedom and liberation of Italy. As I think of Roger Maris, you think of the serious debates, addressing the se- stood by his side that day, I truly un- Babe Ruth, or of the modern counter- rious issues. derstood that this was a man who un- part to Babe Ruth, Hank Aaron. Babe So we wish him all the best, regard- derstood the importance of freedom; Ruth had a brilliant season, with 60 less of party, on a personal basis, and that freedom is the core of all human June 11, 1996 CONGRESSIONAL RECORD — SENATE S6031 progress, and while the price of free- He has been a leader in the fight for Mr. CAMPBELL. Thank you, Mr. dom may be great, there is no price so women’s health issues. During his time President. great as the loss of freedom. as majority leader, we have increased Mr. President, it is a great honor for We can see the mettle of the man in the spending for research on women’s me today to join my colleagues in rec- his decision to leave behind leadership health care concerns. He is trying to ognizing the outstanding accomplish- of the U.S. Senate to pursue the Presi- make sure that we have a strong ments of one of the greatest Senators dency. He is doing it because it is sim- health care system—a strong Medicare in this great institution: BOB DOLE. ply the right thing to do. system that will be there for those who This is a special day in history for BOB DOLE has so much to give Amer- will need it in the future. those of us gathered here in this Sen- ica through his experience and his wis- He is fighting for the spirit of entre- ate Chamber. For on this day in 1775, dom. While this is a day of reflection, preneurship to be kept in this country the Continental Congress did some- it is also a day of anticipation. I am because he knows it is the small busi- thing this body has been doing ever confident that BOB DOLE is not done ness people that make the economy since—it appointed a committee. We serving his country, and America will grow and prosper in America and takes have come a long way since then. But be better for it. the new people into our system for this committee’s job was to write the Thank you, Mr. President. jobs. He knows that, and that is why he Declaration of Independence which has Mr. NICKLES addressed the Chair. is trying to provide regulatory relief. protected our freedom and liberty ever The PRESIDING OFFICER (Mr. We have passed the free trade agree- since. The committee was composed of COVERDELL). The Senator from Okla- ments, so our small businesses are Thomas Jefferson, Benjamin Franklin, homa. going to be able to compete for those John Adams, Robert Livingston, and Mr. NICKLES. Mr. President, I thank jobs. Senator DOLE knows, and he has Roger Sherman. While no congres- our colleague from Florida. led the way for regulatory relief for our sional committee has ever done a more I yield 5 minutes to the Senator from small business people so that they will important job, BOB DOLE’s service of 36 Texas. be able to grow. years in Congress as legislator, Fi- The PRESIDING OFFICER. The Sen- He has been a defender of private nance Committee chairman, and ma- ator from Texas. property rights because he believes in jority leader has had a profound impact Mrs. HUTCHISON. I thank you, Mr. the fifth amendment to the Constitu- on the course of our Nation. President. I thank the Senator from tion. Although he has worked on behalf of Oklahoma. Finally, Mr. President, he has been countless individuals, families and Mr. President, today we are saying good for our border concerns. He is try- communities, BOB DOLE has stood out farewell to our leader in the Senate so ing to help us deal with the severe as a champion of veterans in Congress. that he can become the leader of our problem of illegal immigration. He is Therefore, as a member of the Veter- Nation and of the free world. This is a doing that by trying to make sure that ans’ Affairs Committee, I rise today remarkable man who can shoulder this we have the help we need in the border and join with veterans from across the great burden. This is a man who has States to meet these terrible issues country and throughout this Congress shown that he is worthy of our trust. that are of such concern to our country in honoring a lifetime of achievement He has kept his promises to the Amer- right now. by my friend—a warrior, a leader, a ican people, starting with balancing So we are saying goodbye today to hero. the budget. For the first time we are our Senate leader, a man who has prov- In modern times, the word ‘‘hero’’ is en his mettle time and time and time on a track to balancing the budget in 7 often bandied around a great deal. But again; a man who understands what after much reflection, perhaps Ralph years due to the leadership of BOB America is all about and who has vol- Waldo Emerson’s perception of heroism DOLE. It is the first time in 40 years untarily said that he would rather be that Congress has made the decision best describes how so many of us feel going out across this great country about BOB DOLE. Emerson said: ‘‘The that we must not burden our children talking to the people who are working, characteristic of heroism is its persist- and grandchildren with the kind of who know what the problems and con- ency. The heroic cannot be the com- debt that has been built up by Con- cerns are for the heartland of America. mon, nor the common heroic.’’ gresses of the past. BOB DOLE is a man who has risen to This is a man who can be Commander He would rather be out there talking to uncommon and heroic heights. And, as in Chief of our country. He has respect them one on one, listening to their concerns and telling them what he it is with most heroes, he seldom for our military. He respects the people speaks of his accomplishments. who have chosen to protect the free- would like to do to make their lives better. He has chosen that over the He represents, I guess, the best of our dom of America. He understands the country’s warriors and heroes. The need for peace—not through unilateral traffic of Washington, DC. He has his priorities straight. He story of what he went through in 1943 disarmament, but through strength. wants to keep the American dream— while attending Kansas University and And he will not send our troops into his dream that every child in this joining the U.S. Army is legendary. As harm’s way unless there is a U.S. secu- country will have the same opportuni- a second lieutenant platoon leader, he rity interest. He has shown that ties that he did to reach his or her full went into training with the 10th Moun- through his leadership on the Senate potential, and he means to make Amer- tain Division, which was based in my floor to make sure that we do not com- ica a place that will allow that to hap- State of Colorado. Perhaps his only mit American lives unless there was a pen. mistake at that time was not buying U.S. security interest. So we are saying farewell to a Senate the land around the training site, be- He has fought for the working Amer- leader today, but we are saying fare- cause that has become what we know ican family. He grew up in Russell, KS. well to a leader of this group so that he as Aspen today. But certainly it was He knew poverty. He knew what it was can take on the greater challenge with that highly trained infantry of the 10th like to struggle to make ends meet. his spirit and his integrity of leading Mountain Division that began the final That is why his priority was tax relief our great Nation in the free world. attack April 14, 1945, which led to his for the hard-working families of this We wish him farewell, and we will be wounds of World War II. He went off to country such as the $500-per-child tax with him out in the heartland of Amer- war to defend the Nation and our free- credit and homemaker IRA’s. It was ica talking to the concerns of the peo- doms. And, as a result of that wound, Senator DOLE who led the way for the ple of this country. of course, he went through nine oper- homemaker to have retirement secu- Thank you, Mr. President. ations, which several other Senators rity, just like those who work outside Mr. NICKLES. Mr. President, I thank have told about, and 2 years of recov- the home do. And it was Senator DOLE our colleague from Texas for a beau- ery. who passed that bill in Congress only tiful statement. I guess, just to talk about wounds to have it vetoed by President Clinton. I now yield 5 minutes to the Senator and recovery is one thing, but the Ger- He fought to lower the marriage pen- from Colorado, Senator CAMPBELL. mans have a saying. They say, ‘‘He who alty because he wants the American The PRESIDING OFFICER. The Sen- laughs at scars has suffered no family to stay strong. ator from Colorado. wounds.’’ S6032 CONGRESSIONAL RECORD — SENATE June 11, 1996 When we think of the time it cost for certain diseases, expand the number had the foresight back then to keep re- and the terrible pain Senator DOLE of disorders for which former POW’s form affordable and free of Federal must have gone through, through that could receive disability compensation. mandates. This same philosophy con- recovery time, we know there is a dif- Although we served in different wars, tinues. ference between talking about it and Senator DOLE in World War II and my- A few years ago when the Congress actually going through it. self in Korea, we share with all veter- considered the Clinton health care BOB DOLE’s legacy as a warrior, hero, ans a unique perspective on life and plan, it was BOB DOLE who warned and statesman reminds us of another country. If war teaches you anything, against the ill effects of federalizing outstanding American leader, Presi- it is that the world is a mixture of vul- our health care system. As an experi- dent Dwight D. Eisenhower. Senator nerability and enduring strength, and enced legislator, he reminded Congress DOLE, then a member of the Kansas that it is the job of the human spirit to that increased taxes and price controls House of Representatives, first met strike the balance we call peace. BOB are not the way to improve coverage General Eisenhower on a rain-soaked DOLE has never wavered from the pur- for the uninsured. day in the spring of 1952 when the Gen- suit of peace. But, before I reflect on the Senator’s eral returned home to Abilene, KS, to This courageous leader understands more recent accomplishments, I want officially launch his Presidential cam- so much about the price of freedom, to highlight an issue near and dear to paign. It was most fitting, therefore, and as he goes forth from this Cham- the hearts of Wyoming people—rural when Senator DOLE was awarded the ber, let him know that our hearts, our health care. In the 1980’s, hospital clo- Eisenhower Leadership Prize in 1995 by prayers, and the hopes of all America’s sures were plaguing rural America and the Eisenhower World Affairs Institute veterans go with him. providers were vacating these commu- for lifetime accomplishments which re- The PRESIDING OFFICER. The Sen- nities for urban practices. To be exact, flect Eisenhower’s legacy of integrity ator from Oklahoma. 237 rural hospitals closed during the and leadership. Mr. NICKLES. Mr. President, I thank decade. There would have been more if As President Eisenhower said 41 Senator CAMPBELL for his outstanding not for BOB DOLE’s commitment to a years ago: statement. notable package of rural health care Of the nations of today the future will say Next, I yield to Senator THOMAS, reforms. Reforms that improved Medi- that there were two kinds: Those that were from Wyoming, 5 minutes. care reimbursement rates to small hos- intelligent, courageous, decisive and tireless The PRESIDING OFFICER. The Sen- pitals, created primary care centers, in their support of high principles—and those ator from Wyoming. and recruited vital family practition- that disappeared from the earth. The true Mr. THOMAS. Mr. President, I rise ers. These solutions helped to revital- patriots give their best to assure that our today to join in the tribute to Senator ize our communities and gave rural country will also be found in the first of BOB DOLE. Certainly, his accomplish- families the same access to quality these categories. ments extend over many areas, but I medical care as their urban counter- BOB DOLE clearly stands among the want to limit my remarks specifically parts. true patriots. to health care. As a decorated World War II veteran, His record is one that truly dem- As someone who hails from a town of his service on behalf of our Nation’s onstrates compassion, dedication and 500-people, I know the importance of veterans can be seen in four major selflessness. This is not a man who such measures. If a rural hospitals areas: benefits, POW/MIA issues, edu- simply talks about quality health care. closes, it often devastates a commu- cation, and health care. He knows the importance of it first- nity. Jobs are lost and individuals are Veterans who have served their coun- hand. left without care during times of a medical emergency. try deserve and have earned quality Of course, we all know the story, BOB benefits. Toward this end, the Dole GI DOLE’s valiant service in World War II. Establishing a successful rural health bill, introduced in 1995, revamps the He spent 4 agonizing years in a hospital care delivery system can be very dif- veterans benefit program and brings it bed. It was this experience that led to ficult. Yet Senator DOLE and his staff up to date and in line with the needs of his commitment to give each and every have helped make that goal more plau- veterans today. American the security of knowing sible. He also authored legislation in 1996 health care is there today and will be I am sure I speak for many members to create the Veterans Transition Ben- there tomorrow. of the Rural Health Care Caucus when efit Commission. Its purpose is to en- Proof of such dedication is reflected, I say, ‘‘Thank you.’’ sure that veterans leaving the military not just in the way he votes on major Mr. President, BOB DOLE’s commit- due to downsizing have access to the issues, but also in smaller efforts like ment to quality health care extends to necessary assistance to return to civil- helping to keep a 12-bed hospital in senior citizens as well. Last year, when ian life in the most productive manner. rural Kansas open, or creating employ- Medicare was projected to be bankrupt On the difficult POW/MIA issue, BOB ment opportunities for persons with in 2002, it was our leader who fought to DOLE has been in the forefront, seeking disabilities. These are little things that preserve the program well into the answers and helping families who do do not always receive a lot of fanfare, next century. His plan provided not know the fate of their loved ones. but over the course of 35 years, they thoughtful solutions to complex prob- BOB DOLE is considered the 1970 founder build a solid legislative record. lems while still maintaining spending of the POW/MIA League of Families. As the Wyoming State chair for the increases for every senior citizen. Un- Since then, he has continued to assist Senator’s 1988 Presidential bid, I came fortunately, the President rejected the families to get a full accounting and to know and understand the person proposal, not because it did not do disclosure of the fate of their loved who has so willingly fought the good enough, but because it was politically ones. fight to make insurance more afford- expedient thing to do. This past Memorial Day over 100,000 able and accessible to all. For instance, Despite the administration’s refusal veterans converged in D.C. on The during the 1970’s, when many policy- to save Medicare from insolvency, BOB Mall, as they do every Memorial Day, makers were advocating a nationalized DOLE continues to work on behalf of angry in their belief that many people health care system, it was BOB DOLE the elderly. Just 1 month ago, before in government have abandoned them. who recognized the flaws of such an ap- he announced his intention to leave the BOB DOLE has not abandoned them, nor proach. Rather than let the Federal Senate, he steered passage of an will he ever abandon the veterans of Government be in control of individual amendment to the Health Insurance the United States. medical decisions, he coauthored a Reform Act. The measure helps allevi- In the area of veterans health, BOB more simple, practical piece of legisla- ate the burden of long-term care costs, DOLE has a special and deeply personal tion, the 1979 Dole-Danforth-Domenici which is becoming all the more impor- understanding of the importance of health insurance bill. The initiative tant as nursing home expenses rise. quality health care and the power of aimed to improve access to health Mr. President, these are a few of the rehabilitation. He has worked to pro- care, but in a manner that did not turn many accomplishments of BOB DOLE. vide a service-connected presumption the reins over to Washington, DC. He Unfortunately, time does not permit June 11, 1996 CONGRESSIONAL RECORD — SENATE S6033 me to list them all. But the purpose of cent. That is an extraordinary achieve- We have seen from his work in the reciting his achievements is not to ment. Senate that those are sentiments that boast about our longest serving Repub- EPA has just completed a study BOB DOLE heartily agrees with. lican leader. Rather, it is to provide in- showing that the positive effects of air On a personal note, may I say it has sight into the man who represents the pollution controls have been enormous. been a joyful experience for me to have State of Kansas. The study found that, in 1990, Ameri- been associated with BOB DOLE for the He has served his State and his coun- cans received roughly $20 of value in past 20 years here in the Senate. try well. He is one of the most effective reduced risks of death and illness and May success and happiness be in his and wise legislators of our time. other adverse effects, $20 of value for future, and we wish him Godspeed. I Great legislators should be measured every $1 of expenditure spent on air thank the Chair. by their actions, not by their words. pollution control. Mr. NICKLES addressed the Chair. BOB DOLE’s actions on health care What about clean water? In 1970, only The PRESIDING OFFICER. The Sen- clearly state where his priorities are. one-third of the lakes, rivers and ator from Oklahoma. So my friend, BOB DOLE, good luck. It streams in the United States of Amer- Mr. NICKLES. Mr. President, I thank has been a pleasure serving with you ica were considered fishable and swim- my colleague from Rhode Island for his and I know you will continue to serve mable. Now, not one-third but two- excellent remarks. I now yield 5 minutes to Senator our country in the future. thirds of the lakes, rivers and streams GRAMM from Texas. I yield the floor. in America are considered fishable and The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, I thank swimmable, and the percentage contin- Senator THOMAS, from Wyoming, for ator from Texas. ues to rise every year. Mr. GRAMM. Mr. President, by his his remarks. Since its enactment in 1973 by a vote I yield to the Senator from Rhode Is- skill and courage, BOB DOLE has earned of 99 to nothing, the Endangered Spe- a place in history, alongside the mod- land, Senator CHAFEE, 5 minutes. cies Act has achieved remarkable re- The PRESIDING OFFICER. The Sen- ern giants like Lyndon Johnson and sults. Populations of whooping cranes, Bob Taft, as one of the greatest leaders ator from Rhode Island. brown pelicans, peregrine falcons and Mr. CHAFEE. Mr. President, I wish in the history of the Senate. many other formerly endangered spe- I think it is fair to say that of all the to comment briefly today upon BOB cies have come back from near extinc- people who I have worked with in my DOLE’s record in an area where I have tion. So there is a lot of good news out devoted a considerable amount of time, service in the House and the Senate, there, and much of that success is due BOB DOLE is the greatest legislator, namely the environment. Under BOB to BOB DOLE’s leadership in this Sen- and I am very proud to have served DOLE’s leadership, we have been able to ate. continue the proud tradition, the Re- with BOB DOLE in a period which inevi- Senator DOLE recognized early on the tably will be called in the history publican tradition, of protecting our importance of dealing with the threats environment. That is a tradition that books the ‘‘DOLE era.’’ to our global environment. Under his BOB DOLE has my strong support and dates back to Teddy Roosevelt. It is in- leadership, the Senate approved, in my deep affection as he leaves the Sen- teresting to note that BOB DOLE came 1987, the Montreal protocol, dealing ate he loves to fight for the leadership to the Senate in 1969. Shortly there- with substances that deplete the ozone of a nation that he loves even more. I after the modern era of environmental layer. Then that was followed by the think for many of us here today, this is law began to take shape. 1990 London amendments to eliminate In 1970, he supported President Nix- a sad moment. BOB DOLE has been the the production and use of leader of the Republicans in the Senate on’s creation of the Environmental chlorofluorocarbons, CFC’s, and other Protection Agency, and he has sup- every day that I have served in the chemicals that destroy our protective Senate. My first vote that I cast 12 ported every major environmental law ozone layer. since he arrived in the Senate; all of years ago when I came to the Senate Last year, BOB DOLE cosponsored a was a vote to make BOB DOLE the ma- which have come about in the past 25 bill that was developed by the Commit- years. jority leader. tee on Environment to amend the Safe I have known him as an ally and an What are some of these laws? The Na- Drinking Water Act. The result was ap- adversary. I think I can say I know BOB tional Environmental Policy Act, the proval by the Senate in a recorded vote DOLE pretty well. I know that he is a Clean Air Act, the Clean Water Act, of 99 to nothing, and that is a tribute good and great man. I know that as the Safe Drinking Water Act, the En- to BOB DOLE’s leadership. Americans get to know him in the dangered Species Act, Superfund, the He was a key architect of this year’s coming months that they are going to Resource Conservation and Recovery farm bill which demonstrated his inter- conclude that he has the leadership and Act to control hazardous waste, and on est and commitment to protecting the the convictions that we need to change the list goes. environment. The 1996 farm bill pro- America. Mr. President, those bipartisan ef- duced one of the most significant con- So as he leaves us in the Senate, I am forts have brought about an extraor- servation packages ever enacted into delighted that he is leaving us to seek dinary, tangible change in our Nation. law, and BOB DOLE was a key player in higher service, and I am confident that The successful protection of the envi- every step of that farm bill. he is going to get an opportunity to ronment has been called the greatest BOB was a champion of the free-mar- provide that service. I am very proud social achievement of the United ket approach to controlling acid rain to join his colleagues today in paying States of the past quarter century. Let in the 1990 Clean Air Act amendments, tribute to him, the greatest legislator us consider briefly the successes we and that free-market approach is work- of his era, as he serves his last day in have had under the laws that were en- ing. the Senate. acted with the help and support of BOB With his support, we are exploring I yield the time that is remaining DOLE. similar approaches to protecting wet- back to the Senator from Oklahoma. In the 15 years 1975 to 1990, auto- lands through mitigation banking and Mr. NICKLES addressed the Chair. mobile miles traveled in the United to create incentives for private land- The PRESIDING OFFICER. The Sen- States increased by 70 percent. They owners to protect endangered species— ator from Oklahoma. went to 2.2 trillion vehicle miles per use the free-market approach. Mr. NICKLES. Mr. President, I com- year in those 5 years—increased by 70 Eighty-six years ago, the first of the pliment Senator GRAMM for an out- percent. But in the same period, hydro- great environmental Presidents, Teddy standing and very strong statement. carbon emissions were cut in half. Lead Roosevelt, said the following: I now yield to Senator SNOWE from in the air, for example, has a terrible Maine 5 minutes. effect on the mental development of Of all the questions which can come before this Nation, short of the actual preservation The PRESIDING OFFICER. The Sen- children, especially in congested inner of its existence in a great war, there is none ator from Maine. cities. Because in the mid-1970’s we which compares in importance with the Ms. SNOWE. Mr. President, I thank mandated the use of unleaded gasoline, central task of leaving this land even a bet- the Senator from Oklahoma for yield- lead in the air has declined by 98 per- ter land for our descendants than it is for us. ing this time. S6034 CONGRESSIONAL RECORD — SENATE June 11, 1996

I rise today to join my colleagues in BOB DOLE recognized that 2.5 million ers for Godspeed as he and Elizabeth honoring the preeminent Republican women are battered annually, the sin- embark on an exciting and historic new leader in the history of the U.S. Sen- gle greatest cause of injury to Amer- chapter in their lives. ate, Senator BOB DOLE. Throughout his ican women, and he saw that as being I am reminded of what Winston distinguished career, Senator DOLE has unconscionable. It was under his lead- Churchill said when the tide had served the people of Kansas, as well as ership that the Violence Against turned in favor of the allies. He said this Nation, with honor, distinction, Women Act was fully funded for the this: and integrity. first time ever. This is not the end. It is not even the be- We gather on this bittersweet occa- But his leadership did not end there. ginning of the end. But it is, rather, the end sion to pay tribute to a remarkable Senator DOLE also recognized that the of the beginning. man for his lifelong commitment to highest echelons of corporate America Thank you, Mr. President. I yield the America, as well as his unparalleled did not reflect the true landscape of floor. leadership in this august institution. this Nation. Where others did not or Mr. NICKLES. Mr. President, I thank As President Reagan said so eloquently would not, BOB DOLE saw barriers Senator SNOWE for her outstanding in describing Senator DOLE as a leader, which are rarely penetrated by women, comments. ‘‘It’s not just a job description, it’s a and he believed those lines were made I now yield 5 minutes to the senior description of the man.’’ for crossing. As Senator DOLE himself Senator from Wyoming, Senator SIMP- His leadership has touched virtually has said, ‘‘The issues boil down to SON. every aspect of public policy, but I equal access and equal opportunity.’’ The PRESIDING OFFICER. The Sen- would like to speak specifically on a BOB DOLE knows there is something ator from Wyoming. topic that has been of paramount im- wrong when women are not represented Mr. SIMPSON. Mr. President, it is portance to me throughout my career— in the upper levels of management in my great pleasure to comment about an area where Senator DOLE has been a corporate America, and that is why he my friend BOB DOLE. We have heard all champion, an area where he has made a authored the Glass Ceiling Commis- of the facts and the extraordinary his- difference, and that is on behalf of sion, the first ever Federal commission tory of the man’s life and his life in the America’s women. that created the most comprehensive Senate, and it indeed is extraordinary. Mr. President, Senator DOLE’s com- report on how business could make full We all have known that. He is the very mitment to ensuring fairness and op- use of our Nation’s human capital. best—the very, very best. portunity for America’s women is not a The PRESIDING OFFICER. The Sen- I will be saying much about this man newfound phenomenon. In fact, it has ator’s time has expired. in the next months, for this is a leader, always been an integral part of who Mr. NICKLES. Mr. President, I yield a real leader, not just in the title he BOB DOLE is. Throughout his career, the Senator from Maine an additional 2 held but way down inside, and that is a Senator DOLE has fought to make minutes. gift. That is the ability to lead, to en- America what Susan B. Anthony called Ms. SNOWE. Mr. President, Senator gender trust and loyalty and the admi- the ‘‘true Republic: men, their rights DOLE’s commitment to women goes be- ration—even grudging sometimes—of and nothing more; women, their rights yond the workplace. Under his leader- your toughest adversaries, and he has and nothing less.’’ ship, the Senate passed legislation to had that and it will serve him well. In his personal and professional life, provide Medicare coverage of a drug One of the great and singular honors BOB DOLE has been guided by a singular that was proven effective in the fight in my life was to serve as his assistant belief that every individual—regardless against breast cancer. He created a tax for 10 years. I was his first lieutenant. of gender—has the right to fulfill his or credit for expenses associated with the He was the captain. We had a pretty her God-given potential. long-term care of elderly spouses who good platoon, a good company, too, and BOB DOLE has always known that we a good battalion. It was one wonderful cannot have a truly representative de- are sick or family members, especially run. I must say that some joy of it was mocracy unless women are represented important for women because they rep- at every level of government and soci- resent 78 percent of our Nation’s pri- lost, was sometimes when we took our ety. Not content just to rely on words, mary caregivers. work too seriously—but we never took he has taken action. For those who found themselves in ourselves too seriously. When you have As chairman of the Republican need of a helping hand, BOB DOLE has a couple of gentlemen with a rather Party, over two decades ago, he ap- been the driving force behind meaning- spirited sense of humor, it does spark pointed the first woman in the history ful, compassionate welfare reform, to up and brighten the day. I love those of the party as deputy chair. As Senate transfer welfare into workfare and types. majority leader, he appointed the first move people from the welfare rolls to I learned much from this man. I woman as Secretary of the Senate. And the payrolls. He made sure it was not learned not to judge, to try to make he was the first Senate leader in his- done on the backs of children by ensur- things work, to have ultimate pa- tory, Republican or Democrat, to se- ing that we inserted $3 billion in addi- tience. That is what I really have not lect a woman, whom we all have tional child care funding, and this bill learned yet. It is out there though. He known, the extraordinarily capable and passed the Senate with 87 votes. gave me some good tips. In those talented Sheila Burke, as his chief of In another commitment to women times, I found this man to be true, hon- staff. and families, he joined with me in pro- est, and so natural, a very remarkable It is not just women on the Hill who viding for tough child support enforce- gentleman. By taking leave from here have benefited from Senator DOLE’s ef- ment provisions to send a message to in this honorable way, the American forts. The lives of women in small deadbeat parents that the days of pa- people will come to see him as we do, towns, big cities, and everywhere in be- rental irresponsibility are over. as I do—fair, strong, firm, a man of tween in America have been improved The bottom line is, Mr. President, great resolve. as a result of Senator DOLE’s leader- the record goes on and on. The record With this extraordinary woman Eliz- ship. shows that when it comes to America’s abeth at his side, Elizabeth Hanford From his Retirement Equity Act of women, you can count on BOB DOLE. Dole, they will surely captivate and 1983, which protected women from an Finally, on a personal level, I would unite this country in their quest, for arbitrary pension system that left like to express my deepest appreciation she is a person of great personal faith them without a pension after their hus- for Senator DOLE’s friendship and wise and an inspiration to many of us. And bands died before retirement age, to his counsel over the years, not only here in his daughter Robin too, what a fine Sexual Assault Prevention Act, which the U.S. Senate but throughout my woman, making a fine impression all finally expanded the rights of women years in the House of Representatives. over America, as she is deeply involved after years of taking a back seat to As he takes leave of this institution he in the campaign activities. Those are criminals in our justice system, BOB loves so much, he and Elizabeth take the things we will see the BOB DOLE DOLE was at the forefront of the fight with them our profound respect, our family doing in these months to come. to guarantee economic opportunity and great admiration, our heartfelt friend- A legislator, a listener, a loyalist. No personal safety. ship, our deep gratitude and our pray- one served President George Bush with June 11, 1996 CONGRESSIONAL RECORD — SENATE S6035 more loyalty than BOB DOLE. He was cynicism is riding a crest, fueled by the in to do a fundraiser for me at 7:30 in always supporting the man who de- actions from current leaders in the the morning in Tulsa, OK. By coinci- feated him, supporting him to the hilt. White House, we need BOB DOLE’s tie of dence, it happened to be the morning That is class. leadership, because historically, the after the night they considered Presi- I have no sadness. No, I am excited to best leaders are those who have integ- dent Clinton’s soft-on-crime bill. BOB know that this man will be out there in rity, who demonstrate fairness, and DOLE was really wrapped up in that. America, and that the people of Amer- who have compassion. That was one of the disappointments ica will see what we here have always If I have learned nothing else about he had. He lost it by one vote. seen in this man, a man of deep, per- BOB DOLE in my 16 years serving with He got on a plane, it had to be some- sonal conviction, a man of deep moral him in the U.S. Senate, it is that he is time after midnight, came all the way fortitude, guts, always telling the a person of integrity, a person who to Oklahoma in a driving rainstorm, truth, and the strong leadership—a treats people fairly, and a person who and was there at 7:30 in the morning. man who can make a decision and stick has and demonstrates compassion. One His staff was exhausted. He looked like with it. Bold and courageous are other of the best experiences I have had with he was just showing up for his first examples of his leadership—purposeful, BOB DOLE was campaigning with him in prom. direct, and decisive. my State of Iowa. The first time was in I have never seen a guy with energy So here we go. He will seek this job 1988. The next time was this year. like he has. The two characteristics, in the same way he has sought every- Whenever I introduced BOB DOLE to the boundless energy and compassionate thing in his life, with that great en- people of Iowa, I introduced him as one forgiveness, are two characteristics ergy, from that spirit. He has great ca- of us. Iowans knew right away exactly that will serve America in a grander pability, so very competent, and we what I meant. It meant that BOB DOLE way. What a guy. will all see this man as a deeply sen- has the same roots as we have—Mid- Mr. NICKLES. I thank Senator sitive man, a decent—very decent—and western, small town, rural, traditional INHOFE, my colleague, for his state- caring man. I think America is longing values. He never forgot where he came ment. for that. from and how he got there. That is the I now yield 5 minutes to the Senator I wish him well, with this magnifi- mark of a humble public servant. That from Washington, Senator GORTON. cent woman of charm and grace at his is what our country so desperately Mr. GORTON. Mr. President, nothing side. God bless them both for, indeed— needs today. I can say here today can add to the he is all the man there is. Yes, I will miss BOB DOLE as a friend richness or the depth of the picture The PRESIDING OFFICER (Mr. and a political ally. I will miss him that has already been presented over FRIST). The Senator from Oklahoma. more as a leader. I take comfort in the the course of the last 2 weeks or so by Mr. NICKLES. Mr. President, I thank fact that in losing a leader, the coun- other Members of this body and by Senator SIMPSON for his comments and try is gaining one. For that, I can only those outside of this body with respect for the excellent working relationship be truly grateful. to our candidate for President and our that he has enjoyed with Senator DOLE I say to citizen DOLE, your new jour- retiring majority leader, Senator BOB over the years. As all of us know, he is ney of a thousand miles begins with DOLE. All I can do is to take that pho- retiring as well. Certainly, he will be this first step that you are taking tograph from a very slightly different missed. His wit and wisdom will be today of leaving the Senate, saying angle and, I hope, make it at least a missed in this body, as well. goodbye to the people’s branch of Gov- slightly deeper photograph of a great I yield 5 minutes to the Senator from ernment, and going out among the peo- man. Iowa, Senator GRASSLEY. ple themselves. I wish you, BOB DOLE, This is important, however, because Mr. GRASSLEY. Mr. President, great success as our future leader. the BOB DOLE we, who have worked today the Senate loses its leader, but Mr. NICKLES. Mr. President, I wish with him for a year or for a decade, our Nation and its people gain a leader. to thank Senator GRASSLEY from Iowa know is not the BOB DOLE as he has What this country needs at this time is for an outstanding statement. been pictured to our fellow citizens all to see a good example coming from its I yield 6 minutes to the Senator from across the United States. It is exactly political leaders. What this country Oklahoma, Senator INHOFE. for that reason, of course, that he is needs is moral leadership. It is truly Mr. INHOFE. Mr. President, while I leaving us and his magnificent and, I lacking, of course, in the current White was presiding, I listened to the acco- believe, rewarding career in this body House. I have been speaking out on this lades and the very warm remarks that to share his real character, his real subject of lack of moral leadership, have been aimed toward our leader, personality with all of the people of the with several specific examples of that BOB DOLE, and so richly deserved by United States in his quest for the Pres- failed leadership by the President and Senator DOLE. I could think of only idency. First Lady, since March 19. two characteristics that have not been BOB DOLE is, I think, first of all, a It is not enough to call BOB DOLE a brought up yet. They came from two man of extraordinary patience—per- friend, a steady presence in the Senate, experiences that I had. haps the single most significant re- an ally. It is more important to know One was back when I was a very quirement for a leader of a body of 99 his qualities. These qualities are what fresh, new, freshman Senator. I hap- other Members, all of whom most of make BOB DOLE a leader. Above all pened to have been supporting PHIL the time feel that they are in posses- else, BOB DOLE has earned respect. You GRAMM for President of the United sion of absolute truth or the precise gain respect, Mr. President, by first States, who was a primary opponent of way in which the Senate should con- showing respect for others. He has done BOB DOLE’s, only to find that he and I duct its business. so. He has shown respect for his fellow had a trip to take together from Wash- BOB DOLE seems never to have lost a Kansans, for working men and women ington out to Independence, KS, since sunny equanimity, even under the of America, for America’s farmers, for we had been active in getting a very most difficult circumstances. His wit the small business entrepreneur, to his significant product liability bill passed seems never to have deserted him. His colleagues, for his party, but, most of that put America back into making willingness to listen to advice and all, respect for America. airplanes again. I got to thinking of counsel—almost always unsolicited— When you get BOB DOLE, you get traveling all the way with a guy when seems to have been infinite, and at the someone who will do what he says he I was actually opposing him. I was very same time that he has been willing to will do. That means you get a man of uncomfortable about it. I can tell you listen and been willing to consider the integrity. You get a person of account- during the entire trip, you would have views from disparate sectors, he has ability. He does not point the finger. thought I was his, BOB DOLE’s, chair- been possessed by a deep dedication to The buck stops with BOB DOLE. He man. I have never seen a person so ab- principle, to direction, and to love of takes responsibility for his actions. solute in his forgiveness and under- country. That is important, Mr. President, be- standing. On the one hand, people in politics cause this is what America needs and Second, a couple of years ago I can are criticized for being too rigid and needs right now. At a time when public remember when BOB DOLE was coming not understanding and, on the other S6036 CONGRESSIONAL RECORD — SENATE June 11, 1996 hand, for being too compromising. BOB duty. And, today, he relinquishes the quality, the character, and the capac- DOLE is neither. He has that rare com- power and prerogatives of policy devel- ity to do those things that are nec- bination of a dedication to principle opment in the Senate because he, simi- essary to shape the next century con- and a willingness to listen and to ac- larly, will pursue a call from his coun- structively. I am delighted that he has commodate the principles and ideas of try, a call that we are pleased that he so much commitment to this respon- others, which has made him a great hears, a call to shape the tomorrows in sibility that he would say, ‘‘I walk success, has caused him to be the long- which we live, a call to reestablish the away from the U.S. Senate in order to est-serving leader of this party in the fundamental values of American great- offer myself to the American people.’’ history of the U.S. Senate. ness, to align himself with the virtues When the American people learn And so because of those winning of the American people, rather than about BOB DOLE and get to know him traits of personality and those deeper the vices of a system that has really the way we in the Senate know him, traits of character and principle, each guided us down the wrong path. they will ask and demand that he be of us who remain here in the Senate In 1945, Lt. BOB DOLE volunteered to President of the United States. It will will be slightly the lesser by reason of lead his company to take out a German be a pleasure, as a Member of the U.S. his leaving. He, on the other hand, will machinegun nest. He scrambled out of Senate, to remember his outstanding be the better for it—for this surprising a shell hole in order to rescue a fallen service to the people, not just in the and principled decision, for his willing- comrade. The Germans sighted DOLE military, in the House and the Senate, ness to present himself to the Amer- and blew apart the right side of his but as the leader of this Republic. I am ican people without the protection of back. Few people would have had the grateful for the opportunity to make any office on which to fall back. courage to live as he has lived. He these remarks regarding our majority I believe, Mr. President—and I be- willed himself to recovery, with God’s leader. lieve firmly—that this open risk-tak- help, and with the help of his neigh- I yield the floor. ing, courageous BOB DOLE, whom we bors. He willed himself to law school, Mr. NICKLES. Mr. President, I com- have known for as long as each of us and he willed himself to run for office. pliment the Senator from Missouri. has been in the Senate, and whom his Many of the medical experts at the That was a truly outstanding state- time had given up on BOB DOLE. A doc- friends, neighbors, and family have ment. I want to announce to my col- tor from Chicago decided to try some known from his youth, will become in- leagues that I have several colleagues things that were virtually experi- creasingly known by, respected by, and seeking a lot more time than we have mental and gave his services. The peo- loved by the people of the United available. I hate to disappoint col- ple of Russell, KS, donated their nick- leagues because I know many wanted States as he presents these traits of els, dimes, quarters, and dollars in the to speak prior to Senator DOLE’s character and personality to them dur- cigar box at the pharmacy down on the speech at noon. We may not be able to ing the balance of this campaign. corner to cover the expenses. So we wish him bon voyage, the best accommodate everybody. I cannot ac- BOB DOLE made a commitment that of good luck, and we wish to the Amer- commodate everybody on the floor, and he would be an individual of service. that disappoints me greatly. If I stay ican people a new President with all of We need that kind of determination. on the order of requests, the Senator these wonderful characteristics for We need that kind of grit. We need in- from New Mexico actually has been leadership and for making our country dividuals who have looked the very here for some time, and I know the a better and stronger place in which to most serious of all circumstances in Senator from Arizona has also. We ac- live. the face and have said, ‘‘With God’s tually have a unanimous-consent re- Mr. NICKLES. Mr. President, I thank help, we can overcome, we can pre- quest that would allow Senator BYRD Senator GORTON from Washington for vail.’’ And that is BOB DOLE. to speak at 11:30. And the Senator from an outstanding statement. Well, America needed BOB DOLE I yield 5 minutes to Senator Virginia and the Senator from New when, in 1945, he was willing to give Jersey would like to speak. That ASHCROFT from Missouri. himself totally. They needed him when Mr. ASHCROFT. Mr. President, when makes it very difficult. he went to the U.S. House of Rep- I would call on the Senator from New Abraham Lincoln walked onto the bat- resentatives, they needed him when he Mexico. I yield 5 minutes to the Sen- tlefield at Gettysburg to commemorate became a Senator, and it needs him ator from New Mexico. what had been done there, he suc- today. If my colleagues could not spend all cinctly encapsulated the understanding All of us know the statistics. A child of that time it would be greatly appre- that deeds far surpass words in terms born today will end up paying $187,000 ciated. of value. He said, ‘‘The world will little in interest on the national debt if we The PRESIDING OFFICER. The Sen- note nor long remember what we say do not do something about it. BOB ator from New Mexico. here, but it can never forget what they DOLE has devoted himself not just to a Mr. DOMENICI. Thank you very did here.’’ balanced budget—sure, he sent two bal- much. We are not talking this morning just anced budgets to the President this Mr. President, fellow Senators, I to be talking, to be saying things, but year—but to the structure of a bal- think what I will do is start with wit. it is a way of helping people under- anced budget; that is a balanced budget I think everybody remembers BOB stand what BOB DOLE has done, who he amendment to the Constitution. DOLE for a lot of things. I am going to has been, the depth of his care, and the BOB DOLE knows that American fami- mention five or six that make him my breadth of his knowledge of how we lies spent about 3 percent of their in- great friend. But I want to hearken need to proceed in America. It has been come on taxes in the 1950’s, and now we back to a budget debate in 1990 that properly said that the world does not spend almost 40 percent. He under- was a brief moment when we were care how much you know until they stands that Americans have an ability going to have a shutdown even back know how much you care. And because to spend on themselves and to do for then for a very short period of time. BOB DOLE has not been a person to themselves, if Government will stand And the tourists in the community sound his own trumpet, to tell people aside. He understands that, for a long were all kind of in turmoil because of about himself, I think people have mis- time, Washington has acted as if Gov- various things that were going to be taken him. They have not understood ernment were the answer—faith in closed. And Senator DOLE said the fol- how much he cared, because BOB DOLE Government, governmentalism. He lowing: ‘‘If you are hanging around has been a person who has answered knows that is not the solution, that with nothing to do and the zoo is the call every time the call has come. Washington’s one-size-fits-all solution closed, come over to the Senate. You He has not only answered the call, he is not the way to solve this Nation’s will get the same kind of feeling, and has answered the call with every- problems. He knows that when we you will not have to pay for it.’’ thing—everything—at his disposal, the placed that faith in Government, in- Mr. President, nobody should think entirety of his existence. stead of ourselves, we injured our- that a statement like that in any way In 1945, BOB DOLE nearly gave up his selves. denigrates this great man. life—and there would have been those BOB DOLE really is going to go to the I am really at a loss to say goodbye who said it was gone—to the call of American people and say: You have the to him. But I am quite convinced that June 11, 1996 CONGRESSIONAL RECORD — SENATE S6037 he is leaving as a legend. He leaves a Russell, KS. I moved to Russell from years. I watched him, as the chairman legacy of leadership second to none in Wichita when I was 12 years old, so I of the Finance Committee, and he did a the entire history of the U.S. Senate. have known Senator DOLE for a good really extraordinary job in that capac- He leaves a legacy of laws and concerns many years. My father, Harry Specter, ity. It was in that capacity that I think that are so broad and so deep that I am was a friend of his father, Doran Dole. Senator DOLE earned the confidence of doubtful whether his story ends in My dad was in the junk business, and his colleagues for the leadership posi- looking over the entire panorama of the only scale big enough at the time tion that he sought in 1984. Senators from the beginning. I am very to weigh the junk yard truck was the I recall the 1982 tax bill, when Sen- doubtful that they will find a Senator Dole scale and elevator run by BOB ator Baker, then the majority leader, with such a legacy. DOLE’s father. Our brothers, Kenny stood at the leadership position, and at Let me start with senior citizens. In Dole and Morton Specter, both passed 11:45 p.m. on that complex bill said 1983, Social Security was going bank- away at the same time, approximately that there were 63 amendments pend- rupt. Who took the lead in the Senate 3 years ago. ing, amendments like mushrooms grew to make it solvent for 30 to 40 years? Senator DOLE’s story is a story like overnight, and that we were going to Senator BOB DOLE. When it comes to Horatio Alger, except that BOB DOLE’s plow ahead. Standing beside him was the young people of America, some story, compared to Horatio Alger, Senator DOLE, the chairman of the Fi- people choose to talk about programs. looks like Horatio Alger was born with nance Committee. Senator Baker said a silver spoon in his mouth. Both the I choose to say BOB DOLE’s deep and Senator DOLE thought we ought to per- abiding concern for our young people is Doles and the Specters, figuratively, severe. We worked through the night, epitomized by his constant fight to live lived on the wrong side of the tracks. It as it was Senator Baker’s custom to do is a true story that the Dole family, within our means so that we do not on occasion. There were, perhaps, half during the depression, moved out of the have to have our children and grand- a dozen rollcall votes, many more voice first floor of their home to live in the children pay our bills. Everything, votes, many amendments dropped. At basement to help defray expenses at a from seniors to children and every- 6:30 a.m. we walked out of the Chamber very tough time when Kansas was a thing in between, has received the at- having finished an extraordinary bill, dust bowl. BOB DOLE grew up and tention of this great man. worked at Dawson Drugs at the soda which showed BOB DOLE’s leadership. Then we had the extraordinary elec- In fact, I will find it difficult. I think fountain. There is sort of a legendary tion for majority leader in 1984, con- my feet will find me walking down that and famous story about how he would hall and my feet will find me going flip the ice cream and catch it behind tested by Senator TED STEVENS and into that office because I have done his back. I recounted that story not Senator PETE DOMENICI and Senator that so many times when we needed long ago on a campaign appearance for DICK LUGAR and Senator Jim McClure. leadership. the Presidency in Delaware County. We had to have a series of ballots. First The legacy of leadership that he BOB added that sometimes when the ice one dropped and then the next and then leaves will be sorely missed, and only cream fell to the floor, it became a the next. And finally—and I happened history will indicate its true depth. Be- chocolate shake. He went to college—a to be sitting next to Senator DOLE on sides having wit, without which it is tough thing to do in the early 1940’s. the left-hand side of the Chamber in tough to run the Senate, he had cour- Russell High School had the State de- the rear of the whole Senate when Sen- age. Can anyone forget the night when bating championship, but BOB DOLE ator DOLE won by a narrow margin of we wheeled Pete Wilson in? He had an chose not to be a debater. He was a re- 28 to 25; two votes changed and Senator appendectomy. We brought him in here nowned high school athlete. And then DOLE went on to be the leader. I was in from the hospital bed so we could get we all know of his heroics during World the photo in the scene when Senator the vote, and so that Vice President War II, and of his injuries and how he DOLE shook hands. Bush voting from the Chair could as- laid his life on the line. He did not suf- He was an extraordinary leader in sure us of what would have been a bal- fer loss of life but did suffer loss of many, many ways. Always a concilia- anced budget long before today that limb, and came back with a phenome- tor, always with a velvet touch. Some failed not because of BOB DOLE’s lead- nal rehabilitation. So he has a real un- of us were not too easy to lead, in ership but because of something else. derstanding of what it is like to pull terms of the votes. But never a de- So anybody following him better yourself up by your bootstraps when mand, never a ruffled feeling, never a know that they better be honest; they you have neither bootstraps nor arms sense of pressure or, certainly, not better tell the Senate the truth for he to pull yourself up by; and has a real undue pressure. knew no other way. feeling for the disabled; and a real un- I recall legislation changing the As he leaves, there is a bit of sorrow derstanding of the need for medical Grove City decision by the Supreme and even sadness, at least in my heart. care; and a real understanding of what Court of the United States, as illus- But in a very real sense I am very, very it is like to be an underdog. That his- trative of what Senator DOLE would do. happy because I think the American toric, monumental rehabilitation has Senator Packwood and Senator HATCH people now have a chance to meet, to been recounted on many occasions. were on opposite ends of the issue. Sud- know, and to understand the BOB DOLE Then he became a State legislator denly Senator DOLE came up with com- that we know. If they get that chance, while going to law school. He came promise language. In unison, Bob Pack- he will be the next President. He will back and was county attorney, in Rus- wood and ORRIN HATCH said, ‘‘But that be the next President of this great land sell, KS. He told the story today about is unsatisfactory because it will leave where the same leadership that he gave how his parents had been Democrats the issue open to controversy as to to us will be there for everyone. and how he became a Republican, what it means.’’ Senator DOLE smiled The PRESIDING OFFICER. The Sen- checking the local registrations. I and said, ‘‘That’s the perfect solution.’’ ator’s time has expired. originally heard the story in Russell, It wasn’t quite that language, but Sen- Mr. DOMENICI. I yield the floor. about how he was courted by both par- ator DOLE got it worked out. Mr. SPECTER. Mr. President, I join ties to become their nominee for coun- Today’s speech by Senator DOLE, I my many colleagues in expressing my ty attorney and then checked the reg- think, was historic. I hope he can con- congratulations to Senator DOLE for a istration in Russell County and found tinue to speak with the same easygoing historic career in the Congress of the it was 2 to 1 Republican. And as Sen- manner, the same light touch, the United States, which ended with his ator DOLE has said previously, as a same sense of substance, and at the resignation today, and I also express matter of conscience he instantly be- same time, the same sense of humor. my regrets that we will no longer have came a Republican. And then so much Because I think if Senator DOLE does ROBERT J. DOLE as our majority leader of the rest is history: Elected to the that, he will really establish a rapport and as our Republican leader. House of Representatives in 1960 serv- with the American people for his next I speak for both the Commonwealth ing four terms, and then to the U.S. challenge. of Pennsylvania, which I represent, and Senate in 1969. In a sense, Senator DOLE’s farewell in a sense, also for Russell, KS, because I have had the privilege of serving address to the Senate has significant Senator DOLE and I both grew up in with him in this body for the last 151⁄2 similarity to George Washington’s S6038 CONGRESSIONAL RECORD — SENATE June 11, 1996 farewell address. It was a different honor, and trust, serving his Nation so the majority party. One Senator can time, a different tempo, different well in war and serving his Nation so hold up landmark legislation simply by tenor, but I think it was a historic well in peace. taking to the floor and refusing to re- farewell address. This Chamber was Seeing him go is a tough thing for all linquish it. A significant minority, 41 filled with respect and admiration, and, of us who have known him, in many Senators of 100, can thwart the will of really, love. ways over the years. We wish him the the majority party simply by refusing I do not know, if on prior Senate oc- very best as he continues in his quest to cut off debate. casions, there has been a recording of to serve America. BOB DOLE understands these chal- the time sequence for the length of ap- I ask unanimous consent that my lenges. As minority leader for many of plause, but that event speaks for itself comments appear in the CONGRES- the 9 years I have been in the Senate, as Senator DOLE moved from one part SIONAL RECORD in advance of Senator he used the rules effectively to protect of the Chamber to the other, sur- DOLE’s statements. All of us could not the rights of a significant minority. rounded by his colleagues, both Demo- be recognized in the limited time be- This was referred to in the media as crats and Republicans; many of the col- fore he spoke today, and although it is gridlock, but it is really the way the leagues expressing themselves on more obvious on the face of my comments institution was designed, to protect the than one occasion. that they were made after he spoke, I Nation from the passions of the mo- Then a few of us who were privileged would ask they appear in advance of ment and to provide for reasoned, re- to be his fellow Republicans in the Re- his text, including my unanimous-con- flective debate. publican caucus had an opportunity to sent request, so the sequence makes Since assuming the role of majority hear Senator DOLE’s last speech in the some semblance of sense. leader, he has managed to overcome Mansfield Room. The balcony, now The PRESIDING OFFICER. Without challenges raised by the Democratic named for Senator DOLE, as we have objection, it is so ordered. minority, and hold his troops together paid tribute to a few of our colleagues Mr. BOND. Mr. President, today we to pass significant legislation. Under by memorializing their presence, be- pay tribute to a man who has served his watch, the Senate has passed and came that accolade. his country ably and well for well over sent to the President the first balanced Then, at 3 or a little after 3, a num- 50 years, and who will be remembered budget in a generation, meaningful ber of us were waiting outside in the for his leadership of an institution that welfare reform, the Congressional Ac- boiling Sun to watch him walk down is not easily led. countability Act, legislation prevent- the Senate steps for the last time, at From his humble beginnings in the ing unfunded mandates on State and least the last time on the day of his town of Russell, KS, BOB DOLE has local entities, and regulatory relief. resignation. The steps were filled with taken seriously, and has exercised re- The President has vetoed the two most well-wishers, staff, and citizens from sponsibly, his call to serve. While those significant of these initiatives: namely all walks of life. He came down and it of us who have served with him in this a balanced budget and welfare reform. was a symbolic transition from the institution are disappointed to see him The speeches we give today in honor U.S. Senate, where he had achieved go, and will miss him, he has greater of BOB DOLE sound a lot like eulogies, such heights, walking out as citizen challenges and rewards ahead. I believe but they are in reality reminiscences of DOLE, to see the people of America. BOB DOLE will go on to engage this Na- a stage in BOB DOLE’s life. He will go When he finished saying goodbye to tion in a critical debate over the next on to do even greater things. He will his colleagues on the steps, he moved few months about where America is continue his long and distinguished ca- across the yard to greet Americans headed as we approach the turn of the reer of service to country by holding who were waiting to see him, smell century. The United States, and the of- its highest office, and will restore to him, touch him. From there he moved fice of the Presidency, need BOB DOLE’s that office the respect and honor of the over to the large crowd that was as- leadership desperately. The words American people. sembled between the two chambers. I ‘‘noble’’ and ‘‘man of integrity’’ are not Mr. FAIRCLOTH. Mr. President, as think it was a very, very significant often used to describe the current occu- we all know, BOB DOLE will resign from and a symbolic move, as he has left the pant of the White House. Yet they are the Senate to run for the Presidency U.S. Senate in his quest for the Presi- words that come to mind immediately today. dency of the United States. to describe BOB DOLE. It was a courageous decision—but It was obviously not an easy decision BOB DOLE did not shirk his respon- also a sad one for the Senate. for ROBERT J. DOLE to make, to leave sibility to fight for his country during I am personally proud of Senator the embellishments and accouterments World War II. He accepted it, fought DOLE. I think it is the right decision. of office, as majority leader, one of the bravely in Italy, and nearly paid the I strongly believe that when the loftiest positions in the Government of ultimate price—his life, for his coun- American people are given the chance the United States or in the world. But try. BOB DOLE is now willing to sac- to know Senator DOLE and his wife he did so in his quest for what he saw rifice his political career in order to Elizabeth better—the polls will change as a higher calling. meet the challenge of defeating Bill dramatically—and he will be elected In the contemporaneous time period Clinton, restoring fiscal sanity to President. with his departure, he addressed one of American Government, and restoring Senator DOLE was raised in an era in the toughest issues in America, the honor to the office of the Presidency. America when hard work and strong issue of abortion, which has been the BOB DOLE has been well prepared values were rewarded. This is an era most divisive issue facing America through 27 years of Senate service to that we can have once again in Amer- since the Civil War, with his char- assume the Presidency. He has led Re- ica, if BOB DOLE is elected President. acteristic and traditional Solomon-like publicans through long years in the mi- When Senator DOLE’s country called judgment. It is a political issue, but nority, and has more recently led us to on him to serve—he went, and almost worthy of a moment or two, leaving some significant accomplishments in gave his life. He didn’t flee the country the Republican platform intact to ac- our effort to roll back Government and and protest against it from overseas. commodate one segment of the party ever-increasing Government spending. When his family struggled in the de- and offering the olive branch, the spirit BOB DOLE’s skills are not well known pression—they didn’t seek a Govern- of tolerance and the big tent to an- to most Americans, because many ment handout—instead they rented other segment of the party. Almost, in Americans are unfamiliar with what it their own home and lived in the base- a sense, squaring the circle and accom- takes to make this side of Congress ment to get by. modating almost seemingly irreconcil- work. The Founding Fathers set up the He didn’t allow his war injuries to able differences. But that has been the U.S. Senate as an institution to pro- sideline him in a hospital for the re- life of Senator DOLE. That has been his tect the rights of the minority. This is mainder of his life—instead he picked tradition as a young man growing up a place where, in fact, a Senator adher- himself up and rose to one of the high- on the plains of Kansas where he ing to minority viewpoint has much est positions in the Government and learned, really, fundamental American greater power in many ways than a became a candidate for Vice President values—accountability, integrity, Senator whose view reflects the will of and now a candidate for President. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6039

BOB DOLE will bring to the Office of understood that—even in the rough and unanimous consent request Senator President the values of his upbringing. tumble world of politics—we can not BYRD had this time. He is not here He will not spend the taxpayers’ money afford to forget the warnings of our right now. I yield to the Senator from irresponsibly. He will not put this predecessors: United we stand; divided Arizona 5 minutes. country further into debt. He will not we fall. BOB DOLE’S tenure as majority The PRESIDING OFFICER. The Sen- coddle criminals that threaten our leader reflected these convictions. ator from Arizona. communities. He will not tolerate drug He leaves the Senate having made an Mr. MCCAIN. Mr. President, when use in the White House or tolerate a indelible mark on this body with his Americans came home from World War disrespect for our Armed Forces. ability as a leader, his skill as a states- Two the time reserved for celebrating This is the BOB DOLE that has been man, and his commitment to the serv- their hard won victory was of necessity our majority leader. And, I am con- ice of his country. brief. Joyous though those celebrations fident this is the man that American I have not always agreed with BOB were, they had to give way quickly to people will want to be their President. DOLE, but I have never found his door the hard work of repairing the damage Ms. MIKULSKI. Mr. President, I closed. That, to me, says more about done to families and communities by want to echo my colleagues’ gratitude the man than anything else. In my the long separations and tragic losses to a remarkable Senator and majority view, the mark of a true statesman is which war visits on the victors as well leader, BOB DOLE. Few Members of Con- his willingness to listen to all sides of as the vanquished. gress can boast similar years of com- an issue in a search for common But Americans, having defeated the mitment to our country. In fact, Sen- ground. But the mark of a leader is the Axis Powers, were upon the moment of ator DOLE’s entire life has been dedi- ability to move people forward in spite that success obliged to assume the new cated to public service; from his brave of our differences in search of progress. responsibility of leading the free service in World War II, to his service Although I have not known BOB DOLE world’s resistance to the imperial am- in the Kansas State Legislature, the for very long—I came to this body in bitions of our former ally, the Soviet U.S. House, and for the past 27 years 1993 and worked with him, first as mi- Union. By so doing, they undertook a our U.S. Senate. He has devoted his life nority leader, then as majority lead- mission of immense proportions and to serving the people of Kansas and our er—I have come to hold high respect difficulty, but great historic signifi- country. I truly admire his agility in for him, and think of him fondly. These cance and nobility. are very tumultous times, and his was handling the people’s business in this For it was the Americans who fought no easy task. body, the U.S. Senate. so valiantly from Guadalcanal to Nor- I have been particularly struck, time It will be difficult to imagine the mandy who would then devote their and again, by his willingness to seek Senate floor without BOB DOLE. We lives to ensuring that the second half solutions by forging agreements—even have always had a cordial and collegial of this century not collapse into the in circumstances where he had the working relationship. I have admired bloody calamities or succumb to the votes to win on an issue and did not his wily way of moving legislation. He aggression of freedom’s adversaries need to regotiate. that made this century one of the most often commented on my way with a I remember when the issue of moving violent and tragic times in recorded quip. the United States Embassy in Israel to human history. At both the mid point I think it’s fair to say that members Jerusalem arose last year in Congress. OB and the end of the 20th century, these of both parties have learned from B Senator DOLE had all the votes he DOLE. His mastery of Senate procedure, needed to pass a resolution supporting Americans ranked among the greatest and his skill at moving legislation, are the move. And yet, he listened to those generations of our countrymen. They matched by few in this Chamber. of us who had concerns about the im- are accorded that distinction for their I thank Senator DOLE for his service pact the wording of this resolution dedication to their country’s cause and in the Senate. In an age when over half would have on what, at the time, was a humanity’s hope, and for the dimen- of married couples can’t stay dedicated very delicate phase of the peace nego- sions of the victories won by their de- to each other for 10 years, it’s remark- tiations in the Middle East. votion, selflessness, ingenuity and able for someone to stay dedicated to He did not have to listen. He chose to courage. an institution as tempestuous as the listen, and he chose to address our con- Even in this distinguished company, U.S. Senate for 27 years. cerns. And we passed better legislation BOB DOLE stands out. When he returned With deep admiration and respect for as a result. That is leadership. from war he could not, as many of his a trusted colleague, I wish Senator I have been struck by his forthright- comrades could, immediately pursue DOLE all the best. ness as majority leader—his word was the veteran’s dream of building a Mrs. FEINSTEIN. Mr. President, BOB his commitment, and his commitment peaceful and prosperous life. He had to DOLE first came to Congress at a time was a matter of honor. These have been first rebuild himself. The exemplary when the world—and he himself—was difficult times. But, although he and I courage and determination he brought still recovering from the wounds of did not always end up on the same side to his own recovery is the stuff legends war, and America, catapulted into of an issue, I knew BOB DOLE cared are made of. And they are also Ameri- world leadership, was about to enter more about the integrity of the demo- ca’s good fortune for they are the same one of the most difficult periods in our cratic process than he cared about virtues he offered in his subsequent young history as our Nation became short term political gain, and that he years of service to the advancement of bitterly divided over the Vietnam con- respected each and every Senator’s our country. flict. place in that process—because we rep- In these days when more and more These events shaped the man who resent the America people. young Americans are attracted to the came to Washington to represent his No, we did not always agree. But mores of the detached and indifferent home State of Kansas back in 1960. even on issues where we disagreed, I al- cynic, to the affectations of Hollywood And, from my experience in working ways knew where I stood, and I knew I anti-heroes, BOB DOLE’s life is a rebuke with him over the last few years in the could trust his word. to those corrupting influences on our U.S. Senate, it is clear that BOB DOLE ROBERT DOLE will be remembered for popular culture. When I am asked by never forgot the values those experi- his lifetime of service to the American anxious parents: where are today’s ences taught him. He has left an im- people, and for helping to shape the American heroes by whose example I print on this body that deserves our course of our Nation during some of can instruct my children?; the list of recognition and our thanks. the most pivotal times. such Americans I can offer in response Having nearly given his life for his He deserves our praise and our is still a long one. But I can identify no country in the battle for freedom, BOB thanks, and we wish him and Elizabeth better example than the man to whom DOLE brought strong convictions about well. we wish good luck today. BOB DOLE is honor and public service with him to The PRESIDING OFFICER. The Sen- what an American hero is supposed to the U.S. Congress. ator from Oklahoma. be. And, having seen this Nation spill Mr. NICKLES. Mr. President, next in His sacrifice in war and his hard road blood in battling its own conscience, he order for appearance, I know on the to recovery earned BOB DOLE the peace S6040 CONGRESSIONAL RECORD — SENATE June 11, 1996 and quiet to live a life of personal pur- position forced our own Government spirational speech that I hope my col- suits, of individual attainment and suc- and our allies to replace their previous leagues will have a chance to review. cess. But he chose instead to chase his indecision and indifference with the re- I ask unanimous consent to postpone country’s dreams. And in America’s solve to enable the Bosnian people to the time allocated to Senator BYRD historical mission to contain and de- resist aggression, and determine for and Senator DASCHLE to 11:45. feat Soviet imperialism and to wrench themselves their nation’s fate. The PRESIDING OFFICER. Without from this violent century some greater Mr. President, my time is nearly up, objection, it is so ordered. hope for humanity’s progress in the and the brevity of this tribute his re- Mr. NICKLES. I yield to the Senator next. BOB DOLE brought the patriotic quired me to offer only an abbreviated, from New Jersey, 2 minutes. optimism of the young soldier off to very incomplete list of BOB DOLE’s The PRESIDING OFFICER. The Sen- war, but he brought also the veteran’s many important contributions to the ator from New Jersey. Mr. BRADLEY. Mr. President, today appreciation for the dimension and se- security of the United States. Suffice it BOB DOLE will leave the Senate. I have riousness of the task before us. He en- to say, that BOB DOLE is a statesman served with him for nearly 18 years, listed again in the war against totali- who has worked tirelessly and effec- during which time, at different times, tarians, and again he is in the front tively to protect other Americans from having to pay as a high a price for love he has been the ranking member and ranks of those who earned the victory. chairman of the Finance Committee, BOB DOLE’S Senate leadership was es- of country as he was once asked to pay. minority leader, and majority leader. sential to the efforts of Presidents Before I close, Mr. President, I would like to offer a personal expression of Over the years I have disagreed with Reagan and Bush to win the cold war. him often, but I have also worked with He built majority coalitions for the de- gratitude to my leader. I have had the honor in my life of him on many things, from one of my fense build up of the 1980’s, helping to being commanded by a great many first amendments in the Senate on the restore the readiness and moderniza- brave, resourceful, and decent leaders, strategic petroleum reserve to closing tion of our Armed Forces which had but none more so than our friend, BOB tax loopholes in 1982 to tax reform in been so badly neglected in the previous DOLE. A long time ago, in another walk 1986 to maternal and child health care decade. of life, I lived for a period of time with- issues to GATT agreements to aid to He has been a consistent and skillful out liberty. I and a great many men the Bosnian Moslems and countless advocate for ballistic missile defense whose courage and honor enabled me to other issues. beginning in 1973 with his support for endure that experience wanted nothing BOB DOLE is a good man and an ex- the Sam–D, the predecessor to the Pa- more than to keep faith with our coun- traordinary legislator. Although he is triot missile, continuing with his sup- try and for our country to keep faith personally shy, he knows how to build port for SDI and ending most recently with us. When well-intentioned Mem- a political consensus, use power, make with his sponsorship of the Defend bers of this institution unwittingly at- things happen. He keeps his word, America Act. In his determination to tempted to break faith with us by de- which is an essential ingredient in provide Americans with an affordable nying support for the war necessary to building trust. He listens well, a trait and adequate defense from the greatest ensure our eventual liberation, BOB of the very best legislators. danger facing our country, BOB DOLE DOLE led the opposition to that effort. Any time you are trying to build a has shown the vision and the will re- For 7 weeks he forcefully debated a bipartisan majority, which is more the quired to meet the security threats cutoff of funding while so many of way it used to be in the Senate than that will confront policymakers in the America’s sons remained the prisoners the way it is now, you have to be able 21st century. of our enemies. All the while he waged to listen. You have to understand intu- Senator DOLE organized congres- that debate, BOB DOLE wore a bracelet itively where someone’s bottom line is. sional support for Reagan Doctrine that bore my name. I have never prop- And when an agreement will not be policies which gave critical assistance erly thanked him for the great honor reached, you cannot view the other to freedom fighters confronting Soviet he did me. I wish to do so now. For my- person as flawed, corrupt, and stupid, aggression from Nicaragua to Afghani- self, for my comrades who came home and expect that tomorrow they will stan. Together with his support for our with me, and for the many thousands forget your attitude. I do not remem- defense build up and a strategic defense who did not, thank you, BOB, for the ber BOB DOLE ever acting out of a system, Senator DOLE’s commitment honor of your concern and support for grudge or perhaps even harboring one. to sustaining the front line resistance us. We fought in different wars, but we He never burned his bridges. to Soviet imperialism hastened the col- kept the same faith. One afternoon in my office more than lapse of the Soviet Union, and made BOB DOLE leaves the Senate now, and a few years ago, Senator DOLE and I possible the liberation of millions all of us, Democrat and Republican visited with a Russian politician whose rights had long been denied alike, know in our hearts we will not named Boris Yeltsin whose visit I was them as citizens of captive nations. soon see his like again in our ranks. sponsoring. Yeltsin had been over an As cracks in the Soviet empire be- But he leaves only to continue his serv- hour late and we were 25 minutes into came the breech that brought down the ice to America from another office. I our discussion when one of his aides in- Berlin Wall, BOB DOLE hastened the take considerable comfort from that. formed him he was an hour late for a final dissolution of the Soviet Union by For I know that the tasks that meeting with Secretary of State Baker, sponsoring the Direct Aid to the Re- confront us as we consolidate our cold to which Yeltsin responded by saying, publics Act which provided direct as- war victories and make for our chil- ‘‘Humph, who cares about an appointed sistance and trade relations to the So- dren and our children’s children an- minister when I am meeting with those viet Republics, bypassing Moscow, and other, better world than the one in who are elected by the people.’’ further weakening the Kremlin’s con- which we lived most of our lives re- To which DOLE responded, ‘‘He’s got trol over its subject peoples. quire the service of an American who his priorities right.’’ In the first crisis of the post-cold-war appreciates from his experience and That was the voice of BOB DOLE, the world, Iraq’s invasion of Kuwait, BOB from his heart the indispensability of democrat, the man who has a deep and DOLE cautioned President Bush to seek American leadership. This is a abiding respect for the will of the peo- congressional authority for Operation daunting responsibility, which is ple. Time and time again the people of Desert Storm, and then employed his shared by all of us. But I am reassured Kansas gave him their votes. Although peerless legislative skills to win major- that we will not be found wanting in Senator DOLE has given his life to pub- ity support for authorization over a our assignment by my confidence that lic service, I sense he would be one of very determined opposition, sending a BOB DOLE will soon be our leader again the first in this body to admit that a message of American unity to Saddam and that our Nation will still benefit legislator’s accomplishments are like Hussein. from the service of this honorable man. sand castles built at the edge of the More recently, BOB DOLE’s consist- The PRESIDING OFFICER. The Sen- ocean surf—short-lived and often for- ent, principled support for the legiti- ator from Oklahoma. gotten. mate Government of Bosnia and the Mr. NICKLES. I compliment Senator Therefore, the only thing that any of strong Senate majority he built for his MCCAIN for an outstanding, moving, in- us as Senators have is whether those June 11, 1996 CONGRESSIONAL RECORD — SENATE S6041 who worked with us gave us their re- was proud to join with him on January I have been honored to serve in the spect, and those who elected us felt 12, 1991, when we stood together for the Congress of the United States for al- well-served. In Senator DOLE’s case, I Persian Gulf resolution, to give the most 44 years. I have witnessed the think the answer to each is yes. Commander in Chief the authority to comings and I have witnessed the go- The PRESIDING OFFICER. The Sen- use force in the gulf. That was a hard- ings of many fine men and women. ator from Oklahoma. fought battle, a debate ending in a vote Some were extraordinary leaders, like Mr. NICKLES. Mr. President, I yield of 52 to 47. Joe Martin, of Massachusetts; Sam 1 minute to the Senator from North Most recently, in my own endeavors, Rayburn, of Texas; Lyndon Johnson, of Dakota. he stood beside me. He did not have to Texas; Everett Dirksen, of Illinois; The PRESIDING OFFICER. The Sen- do it. He stood beside one of his col- Hugh Scott, of Pennsylvania; and How- ator from North Dakota. leagues in the name of friendship and ard Baker, of Tennessee; and Mike Mr. DORGAN. Mr. President, last he said, ‘‘It’s not all politics. It’s Mansfield, of Montana; who served as year I indicated to my colleague from friendship.’’ Senate majority leader for 16 years. West Virginia, Senator BYRD, that one Mr. President, I close by reading a Many made outstanding contributions of the real privileges of my being able brief quotation that I carry with me at to their country and were considered to serve in the U.S. Senate was to serve all times. It relates to BOB DOLE. irreplaceable in their time. And yet our here while he served in the U.S. Sen- Thomas Jefferson once said: brief appearance upon the Senate stage ate. I told Senator BYRD that. I was I had laid it down as law to myself, to take is only temporary. It is applauded, re- thinking last evening that I feel the no notice of the thousands of insults issued marked upon and then forgotten, same way about Senator DOLE. It has against me but to trust my character to my washed away like footprints in the been an enormous privilege to serve in own conduct and to the good sense and can- sand by the next turn of the wheel and the Senate at the same time that Sen- dor of my fellow citizens. the next wave of events. ator DOLE has served in this Senate. He I yield the floor. But through it all, the Senate en- has demonstrated an enduring commit- The PRESIDING OFFICER. The Sen- dures and goes on like Tennyson’s ment to public service that represents ator from Oklahoma. brook—forever. It is far, far greater the kind of public service that we owe Mr. NICKLES. Mr. President, I com- than the sum of its 100 parts. a substantial debt for in our country. pliment my colleague from Virginia Senator DOLE, in his four terms in He is truly the Cal Ripken of public and now recognize the Senator from the House and five in the Senate, has service in the Senate year after year West Virginia, Senator BYRD. been a serious and successful legisla- after year, doing his job and doing it The PRESIDING OFFICER. The Sen- tor. He was the 1,645th person to have the way the American people hope pub- ator from West Virginia is recognized. taken the oath of U.S. Senator. He has lic servants will do their jobs. Mr. BYRD. Mr. President, I rise to served as leader of his party in the Sen- I am here today only to say I wish say farewell to my friend and long- ate longer than any other Republican— Senator ROBERT DOLE well. The Senate standing colleague, the able Senator 10 years, 11 months and 20 days, today. will miss him. Those of us who have from Kansas, the Senate majority lead- BOB DOLE has served longer as a Repub- had the privilege of working with him er, BOB DOLE. BOB DOLE has responded lican in Congress—35 years, 5 months honor his commitment to public serv- to the call of duty throughout all of his and 8 days—than any other current Re- ice. adult life, and we are all the richer for publican Member of the Senate and I yield the floor. his dedication and his work. His life House. Additionally, he is the only The PRESIDING OFFICER. The Sen- and his service have made a difference. Kansas Senator to have chaired the ator from Oklahoma. American politics is a rough and Senate Finance Committee. Mr. NICKLES. I thank my colleague tumble occupation, and we in this He has earned the respect of his col- from North Dakota, and I yield 2 min- Chamber are all too familiar with the leagues. He has been a hands-on leader, utes to the Senator from Virginia. savagery, the criticism, the negativity often working personally with other Mr. WARNER. Mr. President, from that have so infected political life in Senators and staff to craft legislative his earliest days on the sports fields our day. But there are times when poli- compromises and solutions to difficult through his military career to his days tics must be put aside, and the honest, national questions. in the Senate, BOB DOLE’s destiny was heartfelt contributions that we each As Republican leader, both when he and is leadership. How greatly has he and all make as servants of the people served as majority leader and as minor- enriched the lives of all of us here in must be acknowledged. ity leader, he was always available to the U.S. Senate. Like my good friend, I congratulate the majority leader on work on solutions to problems of both Senator BRADLEY, I was there on the his long and distinguished service in a national and international nature. He Yeltsin trip. I remember that. I also re- the Senate, and before that in the gave his time, including the hours member accompanying Senator DOLE House of Representatives, and before spent away from the Chamber and the to a hilltop in Italy, near the small vil- that, in the Kansas Legislature, to Hill, wrestling with those solutions. lage where he was struck down by which he was elected at the young age I have fond memories of the time enemy fire. But the hand of destiny of 26. As one of his fellow Americans, I that we worked together in the 100th reached down, the hand of Providence, thank him for his service and his brav- Congress, when I served as majority and brought him back to serve this ery during World War II. leader and he was the minority leader, great Nation, to serve the world, and to It has been a privilege and it has and we succeeded in crafting important become a great leader. been a pleasure to work with Senator legislation, including the landmark He will take his place—modestly, he DOLE in the leadership positions given Omnibus Trade and Competitiveness might not acknowledge this—but he to both of us by our colleagues, first Act of 1988. Together, we developed a will take his place with Everett Dirk- when he was majority leader and I was new trade tool for the United States sen, with whom our distinguished sen- minority leader, and then when our called ‘‘the super 301 law,’’ which re- ior colleague, Mr. BYRD, served; with roles were reversed. quired annual reviews of foreign trade Howard Baker and with Hugh Scott. In Senator DOLE and I are the only floor practices, the identification of priority that row of great Republican leaders, leaders in Senate history to move from foreign country practices against he has earned his spot. majority leader to minority leader and American products, and the triggering Commander in Chief, a position to then back again to majority leader. I of automatic investigations against which he aspires, and a position in the guess it is a classic case of what comes such countries’ practices. Constitution of the United States he around goes around; or what goes Senator DOLE has been particularly has fought to preserve on the floor of around, comes around. Often, I have attentive and active in the foreign pol- this Senate from the first day that he pondered this turning of the Senate icy and national security areas. While stepped entered this Chamber, irrespec- wheel, a continuing rotation of individ- we have not always agreed on specific tive of who has been in that office. He uals of different temperaments and tal- policies, he has been a major contribu- has been a staunch defender of the pre- ents, of opposing beliefs and varied tor to our Nation’s policies regarding rogatives of the Commander in Chief. I backgrounds. the Soviet Union before its collapse, S6042 CONGRESSIONAL RECORD — SENATE June 11, 1996 arms control, Bosnia, and the Gulf war against the odds, the admiration grows onstration of BOB DOLE’s grace and de- with Iraq, to name a few important ex- greater. The greater the adversity, the meanor. I know now that it was. I also amples. greater the adherence to principle and learned that in doing so, this man, When he was majority leader in 1985 decency, the greater the admiration. with the experience of thousands of and I was minority leader, together we Maybe that is why someone from such meetings, could always be the one created the arms control observer South Dakota, someone of different to determine when the meeting was group to monitor arms control negotia- politics, different religion, different over. tions and treaties with the Soviet education can reflect on the admira- I regret that we did not accomplish Union. Together, we led a Senate dele- tion that I hold for BOB DOLE with the more together in these last 2 years. Ob- gation to the opening of United States- sincerity that I do now. viously, bad timing was a factor. Our Soviet arms control negotiations in I have had the good fortune to work accomplishments have been eclipsed by Geneva that year. We also traveled to- closely with the majority leader now our partisanship in the eyes of the gether at the request of President for 18 months. The conditions for a American people. Still, nothing should Reagan to Moscow to celebrate the his- good working relationship could not cloud America’s view of just a man toric exchange of instruments by Presi- have been much worse. We had just lost from Kansas who began with little, dents Reagan and Gorbachev ratifying the majority. He was the likely nomi- who in fighting for this country lost al- the INF treaty. nee to run against a Democratic Presi- most all that he had, who came back to In the order of domestic policy, Sen- dent, and the House Republican leader- help lead his party and his country ator DOLE has been a long-time central ship, now also in the majority, had pro- with courage and civility, who leaves figure on farm legislation. He has posed a Contract With America. Of this place with the gratitude of us all. amassed an impressive record of serv- course, the events over the past year While I cannot wish him ultimate ice on behalf of the disabled and the and a half could easily have led to bit- success at his next political venture, handicapped. He has particularly ad- terness and personal animosity of Linda and I wish Elizabeth and BOB vanced the cause of handicapped chil- major consequence. I have no doubt DOLE well in their new life ahead. May dren. that in virtually any other set of cir- it be filled with good health and much While I have enjoyed working to- cumstances, there would have been no happiness. I yield the floor. Mr. LOTT. Mr. President, I suggest gether with BOB DOLE, and sometimes other result. The fact that it did not occur, and in the absence of a quorum. have equally enjoyed working at odds The PRESIDENT pro tempore. The spite of it all we remained friendly, is with him on various issues, I am sad- clerk will call the roll. dened that he is leaving the Senate. He due to BOB DOLE and who he is. His ci- The legislative clerk proceeded to will cast a long shadow as he goes. vility, his pragmatism, his quick wit, call the roll. It isn’t enough to say in our hearts his self-effacing humor have not only The PRESIDENT pro tempore. The That we like a man for his ways; served him well these past 45 years of able Senator from Oklahoma is recog- It isn’t enough that we fill our minds public life, but have served his col- nized. With psalms of silent praise; leagues and his country well, too. His Mr. NICKLES. I ask unanimous con- Nor is it enough that we honor a man sense of fairness and decency is a sent that the order for the quorum call As our confidence upward mounts; standard by which all people in public be rescinded. It’s going right up to the man himself life should be held. He believes in the And telling him so that counts. The PRESIDENT pro tempore. With- institutions of democracy and has out objection, it is so ordered. So when a man does a deed that you really helped guide his party and this body in Mr. NICKLES. Mr. President, I rise admire, Don’t leave a kind word unsaid. a way that has enhanced them, too. on behalf of all my colleagues in the In fear to do so will make him vain While our philosophical differences Senate, Democrat and Republican, to And cause him to lose his head. are great, his willingness to do what is say thank you to Senator DOLE for his But reach out your hand and tell him, ‘‘Well difficult has been a source of admira- years of service in Congress, House and done,’’ tion and respect for us all. His courage Senate, but especially the Senate, es- And see how his gratitude swells. in standing for principle has been evi- pecially for his leadership, for his will- It isn’t the flowers we strew on the grave, dent from the start. ingness to really embody what leader- It’s the word to the living that tells. It was there when he broke ranks ship is all about. And so I say to my friend, BOB DOLE, with his party to support the landmark The man from Russell, KS, has in- ‘‘Well done.’’ civil rights measures of the 1960’s, most deed done very well. The man from The PRESIDENT pro tempore. The notably the Civil Rights Act of 1964 and Russell, KS, has overcome a lot of dif- Democratic leader is recognized. the Voting Rights Acts of 1965 and 1982. ficulties, and truly been a national Mr. DASCHLE. Mr. President, let me It was there when he championed hero. I was with Senator WARNER, Sen- begin by complimenting the distin- landmark nutrition programs with a ator MACK, and Senator DOLE in Italy guished Senator from West Virginia for visionary leader and a giant from where Senator DOLE nearly lost his life his eloquence. Following his words is a South Dakota whose name was George in Castel Diano, and I realized what very difficult task. McGovern. real leadership was all about, that a Senator DOLE has said that he wants It was there in 1991 when he and our young man from Russell, KS, risked his to be judged now as just a man. But I colleague, TOM HARKIN, arguably did life, almost gave his life, to reestablish think history will judge him as some- more for the disabled than anyone in freedom in a faraway land. I saw the thing more—a good leader, a good Sen- our Nation’s history. love and respect that the people had in ator, a good American. When you are And it was there in this Congress northern Italy for Senator DOLE, and from a small State in the Midwest, when, against all political advice, he my respect and admiration for him there seems to be a sense of pride in fashioned a resolution on Bosnia that only grew. It has grown as we have someone who makes it to the top the led to broad support for our troops shared many fine years in serving to- hard way, with hard work, with fair- being stationed there. gether, and I thought about this, most ness, with adherence to principle. I am grateful to Senator DOLE for of our colleagues here have only known Regardless of politics, religion or that leadership, for the decency and Senator DOLE as the leader or minority education, when someone starts at the fairness he has demonstrated to me leader. Some have had the pleasure of lower rung and makes it all the way over these past 18 months. I have serving with Senator Baker and Sen- up, there is a pervasive feeling of own- learned from him. It has been an in- ator BYRD, as majority leader, but to ership, of affinity that he is one of our valuable education. our leader, we want to say thank you own, a Midwestern sense of self-respect It has always impressed me that BOB for your service not only to Kansas but that he is like us, and now just look at DOLE would come to my office for a to our country, for reaching out in bi- where he is, what he has done and how meeting—the seasoned leader coming partisan fashion and making great he has done it. That is especially true to the newcomer, the majority leader, changes for this country. when adversity hits. When someone coming to the minority leader’s office. I remember when you were elected rises above adversity to make it I thought it was yet another dem- chairman of the Finance Committee, June 11, 1996 CONGRESSIONAL RECORD — SENATE S6043 tax rates were 70 percent. When you tell you that there has been a lot of [Applause.] were finished, they were 28 percent. good legislative work done on that bal- I know they join me in expressing The economy really grew. You forged cony. I can also tell you that some- our deep appreciation to everyone here bipartisan working relationships with times the balcony is called ‘‘the DOLE and the people of Kansas. As all of us everyone. You are well liked by every Beach.’’ go back who are leaving this year, Member in this body. To our leader, we wanted to have a thinking about leaving in a couple of I want to apologize to my friends and lasting remembrance, because you are years, or whatever, you think about colleagues that have been coming to part of this Capitol. You are part of the people who sent you here and the me for the last hours, saying, ‘‘I want this institution. You are one of the rea- people who tried not to send you here— to speak,’’ because we could not accom- sons why this institution is greatly re- once you are here, you forget about modate all the requests. I ask unani- spected, because of the respect we have those. [Laughter.] mous consent following the swearing in for you. And they are all your constituents, Mr. NICKLES. Mr. President, I ask of Senator FRAHM, that we will keep whether Democrats, Republicans, or unanimous consent that the resolution the RECORD open for the remainder of Independents. And four times, my the day so that remarks can be added be agreed to, and the motion to recon- friends in Kansas, Republicans and sider be laid upon the table. to the remarks made earlier this morn- Democrats and Independents, I believe, The PRESIDENT pro tempore. With- ing. gave me their votes for the House of out objection, it is so ordered. Representatives and five times they The PRESIDENT pro tempore. With- The resolution (S. Res. 258) was have given me their votes to the U.S. out objection, it is so ordered. agreed to, as follows: Mr. NICKLES. To our leader, I say Senate. I think to all of us, such trust S. RES. 258 that you embody what we think is is perhaps the greatest gift that can Resolved, That the balcony adjacent to great about a leader. That is character. rooms S–230 and S–231 of the United States come to any citizen in our democracy, That is integrity. That is loyalty. You Capitol Building is hereby designated as, and and I know I will be forever grateful, as have earned the respect not only of shall hereafter be known as, the ‘‘Robert J. everyone here will be forever grateful, your colleagues, you have earned the Dole Balcony’’. to our friends and our supporters who respect of all Americans. The PRESIDENT pro tempore. The never gave up on us, who never lost To our leader, again, a man from able majority leader, Senator DOLE of their confidence in us. Maybe they did Russell, KS, you are our friend. You Kansas, is recognized. not like some of our votes, or maybe will always be our friend. We wish you Mr. DOLE. I appreciate very much they did not like other things, but and Elizabeth every success this year. the resolution just passed. Will it be in when the chips were down, they were f big letters or neon? I know it cannot there. We all think of all the phone have any political advertising on it. calls and all the letters and all the vis- THE ROBERT J. DOLE BALCONY Just have the name out there in lights its of people who come to your office Mr. NICKLES. Mr. President, I ask the next few months. I thank all of my with big problems and small. Or you unanimous consent that the Senate colleagues. think about the town meetings you proceed to immediate consideration of f have attended. I have attended, as have Senate Resolution 258 that I now send FAREWELL ADDRESS OF SENATOR some others here, town meetings all to the desk. ROBERT J. DOLE over America. They are pretty much The PRESIDENT pro tempore. With- the same. They are good people, they out objection, it is so ordered. Mr. DOLE. Mr. President, I want to have real questions, and they like real The clerk will report. go back 136 years ago this summer. A answers. The Assistant Secretary of the Sen- committee arrived in Springfield, IL— I always thought that differences ate read as follows: Senator SIMON probably knows the were a healthy thing and that is why A resolution (S. Res. 258) to designate the story—and it formally notified Abra- we are all so healthy, because we have balcony adjacent to rooms S–230 and S–231 of ham Lincoln that the Republican a lot of differences in this Chamber. I the United States Capitol Building as the Party had nominated him to run for have never seen a healthier group in ‘‘Robert J. Dole Balcony.’’ President. History records that Lin- my life. [Laughter.] The PRESIDENT pro tempore. Is coln’s formal reply to the news was And then there are those on our staff. there objection to the immediate con- just two sentences long. And then as he Sometimes we forget to say thank you. sideration of the resolution? surveyed the crowd of friends gathered I have had one member of my staff for There being no objection, the Senate outside his home, as I survey the crowd 30 years, and others for 19, and so on. of friends here in the galleries and on proceeded to consider the resolution. They have been great, and they have the floor, he said, ‘‘Now I will no longer Mr. NICKLES. Mr. President, the res- been loyal, and they have been enthu- defer the pleasure of taking each of you olution that I now send to the desk on siastic. Their idealism and intelligence by the hand.’’ So I guess, as Lincoln behalf of myself and Senator DASCHLE and loyalty have certainly meant a lot said then, 136 years ago, if all of us who is a resolution that follows a great tra- are leaving this year—and I am only to me, and I think a lot to other people dition in the Senate where we name one, and I know we have the same in this body, and other staff members, rooms, sometimes buildings, after our thoughts and the same emotions—if we and the people they work with on a colleagues. We have buildings—the can all go out and shake hands with all daily basis. Many are on the Senate Russell Building, Hart, and Dirksen, all the people who were responsible for us floor or in the gallery today. I just say, named after outstanding Senators. being here, it would take a long time. thank you very much. We have had a On the first floor of this building we You begin with your family. You, ob- little fun along the way, too. It gets have the Hugh Scott Room named after viously, begin with your parents, your kind of dull around here from time to a former Republican leader, and down brothers, your sisters, and you think time, so you have to have a little fun. the hall the Mansfield Room, another about all the support they have pro- When you really want to have fun to great leader who served the longest as vided and all the good things that hap- get away, you can go out to the Senate majority leader, and we also pened. And you think about the Sen- beach—which is now my ‘‘beach,’’ and I have the Howard Baker Room that is ate. You think about your family, your will try to pack it up this afternoon. now the Office of Senator DOLE. All remarkable, wonderful wife and daugh- All of those who served in the Senate— these honors were a very fine and noble ter, who have seen victories and seen and I see some of my former colleagues tribute. defeats and have put up with, as all our here today—and all those who serve But the tribute we name today, or spouses and children do around here, the Senate, whether the Parliamentar- the one we are making today is naming with late hours, not being home on ian or the page, I thank you for all of the balcony adjacent to the Office of weekends, and all the demands that go us for your tireless service. the Republican Leader as the Robert J. with serving in the Senate. I do not want my friends in the press Dole Balcony. It was Senator DOLE who So I am very honored to have my gallery to fall out of their seats in asked this balcony be made accessible wife Elizabeth and my daughter Robin shock. But let me add in acknowledg- to legislators and to the leaders. I can in the gallery today. ment of those who have worked here in S6044 CONGRESSIONAL RECORD — SENATE June 11, 1996 this building I also salute you. I think on a Sunday talk show, it was ‘‘yep,’’ one day we were at the same place hav- it is fair to say that we do not always ‘‘nope,’’ ‘‘maybe.’’ Ten minutes into ing lunch. He said, ‘‘You ought to agree with everything you said or the program, they were out of ques- think about running for leader.’’ I said, wrote, but I know that what you do off tions. [Laughter.] ‘‘Me?’’ So I thought about it. [Laugh- this floor is as vital to American de- I remember Russell Long. I remem- ter.] mocracy as anything we do on it. And ber during the Reagan landslide, I was I thought TED STEVENS was going to we have to keep that in mind. going to be chairman of the Finance be the leader. Where is TED? Something So I say that it has been a great ride. Committee. I did not know how to tell happened on the way to the vote. There have been a few bumps along the Russell—and I did not. I said, ‘‘Who is [Laughter.] way. I have learned a lot from people in going to tell Russell?’’ Nobody was I walked out of there surprised. When this room. I have even gone to Senator going to tell Russell. Dave Durenberger Howard Greene held up his hand, I BYRD when I was the majority leader was there, and I remember the first knew that I must be the leader. to ask his advice on how to defeat him vote we had. I got to sit in the chair, So I would just say that we all know on an issue. If you know ROBERT BYRD but when they called the roll, they how the political process works. Some as I do, he gave me the answer. But it called the minority side first and then people are cynical. Some people think was not easy. I mean, this man is de- the other side. They said, ‘‘Mr. Chair- it is awful. Some people do not trust termined. I know that in his first book, man,’’—this was my first time—and he us. But the people who watch this his great works about the Senate, he voted ‘‘aye.’’ thing day in and day out have a better writes about when I became the major- It is a true story. Then there is Phil understanding. ity leader. He very candidly writes in Some people ask me. I remember the Hart and DAN INOUYE. We all met in his book that he had his doubts about Battle Creek, MI, at the Percy Jones Speaker—the Speaker is present—tell- this BOB DOLE because I might be too General Hospital—Lieutenant Colonel ing me just 10 minutes ago, he really partisan, or I might not work with the understands now more about the Sen- Hart, Lieutenant INOUYE, and Lieuten- minority leader. But I have heard him ate. We have different rules. I love the ant DOLE. We were all patriots. The say a number of times since that I House of Representatives. I never best bridge player at Percy Jones Hos- demonstrated that I was not that par- wanted to be in the House of Rep- pital was DAN INOUYE. Probably one of tisan. And if I understood one thing, as resentatives. I wanted to be in the Sen- the best men I ever knew was Phil my successor will understand, it is that ate. I wanted to be in the Senate where Hart. He had a flesh wound in his right unless the two leaders are working to- you can have unlimited debate, where elbow area, and from morning to night gether, nothing is going to happen in any Senator on either side on any issue he spent his time running errands or this place. We have to trust each other, can stand up and talk until they drop. getting tickets for patients to the De- as Senator DASCHLE and I have, as Sen- The record is held by the Presiding troit Tigers games. His wife was Jane ator Mitchell and I have, as Senator Officer, Senator THURMOND. Briggs. It was Briggs Stadium—Briggs BYRD and I have. And I also have great The PRESIDENT pro tempore. Twen- owned the Tigers at that time. There respect for Senator Mansfield and Sen- ty-four hours and eighteen minutes. was not anything that Phil Hart would ator Baker, though I did not have the [Laughter and Applause.] not do—not only there but when he privilege of being in the leadership at Mr. DOLE. That is why you are sel- came to the U.S. Senate. So I left my that time. dom asked to be an after dinner speak- proxy with the last of the Percy Jones I say to all those who have been in er. [Laughter.] the leadership positions, it is a dif- General Hospital caucus, with DAN Mr. President, I think sometimes ficult life. After 2 o’clock today when INOUYE. I wrote him a letter today, I around here we think we have to have somebody calls me about bringing up said you’ve got my proxy. If anything everything. ‘‘We have to have total vic- their amendment, I will say that it is comes up regarding Percy Jones Gen- tory. I will not settle for less. It has to all right with me; bring it up any time eral Hospital, which is closed—— be my way, or no way.’’ Well, Ronald you want, and I will not stand in your [Laughter.] Reagan said once, ‘‘If I can get 90 per- vote me present. way. [Laughter and Applause.] cent of what I want, I would call that I am looking at one of the giants in [Laughter.] a pretty good deal.’’ Ninety percent is I could go on and on. I am not like the Senate right now, Senator THUR- not bad. You can get the other 10 per- Senator BYRD because nobody can do it MOND. And I looked at others on the cent later. It is a small amendment the way Senator BYRD does it. way in, like Senator BYRD. I thought then. [Laughter.] But I think of all of these people who about Senators Baker, Dirksen, Rus- Better understand that—take the 90 sell, and many, many more, Democrats have come and gone and of all of the and then work on the 10. and Republicans, who love this place, new bright stars that are here today on I want to say, too, that I read that who have made it work. I repeat fre- both sides of the aisle, and there is one my resignation and my decision to quently the statement of Senator Dirk- thing that you do know for certain. leave caused astonishment in some sen—and I do not know whether he This is a great institution. quarters, and I do not begrudge anyone made it on the floor—who said, ‘‘A bil- I have learned another thing that we their surprise. But I would just want to lion here, a billion there, and soon it have all learned in this Chamber and disabuse anybody about the Senate. will add up to real money.’’ If only he this town. Your word is your bond. If This is the great opportunity, and could come back today, it would be ‘‘a you do not keep your word around there are hundreds and hundreds and trillion here and a trillion there.’’ here, it does not make much difference thousands and thousands of people who Then there was Hubert Humphrey. what your amendment may be, or would give anything they had to be a Nobody ever understood how BOB DOLE whatever it may be. And it is impor- Member of this body. That is the way and Hubert Humphrey could be such tant to all of us. As far as I know ev- it should be. It is very competitive. good friends. We did not have a prob- erybody that I know on either side ob- So I have said the truth is that I lem at all. And he used to say of his served that rule. It is true in any busi- would no more distance myself from own speeches, ‘‘I never thought they ness or in any profession. It is more the Senate than I would from the Unit- were too long. I enjoyed every true in politics because the American ed States itself. This is a body that is minute.’’ [Laughter.] people are looking at us, and they want the reflection of America. It is what I remember we were in the hallway us to tell the truth. It does not mean America is all about. We come from one day talking about the talk shows. that we have to agree. It does not mean different States and different back- And, of course, I was only watching we cannot have different motivations. I grounds with different opportunities them in those days, but he was on one learned that leadership is a combina- and different challenges in our lives. every Sunday. It used to be issues and tion of background and backbone. I And, yes, the institution has its imper- answers for the normal guest. But for learned a lot about that from the likes fections and occasional inefficiencies. Hubert it was issue and answer—then of Senator BYRD and others that I We are like America; we are still a the time was up. watched and watched. work in progress in the U.S. Senate. And then there was Senator Mans- I know that Senator WARNER is the So I would say to my colleagues that field in just the reverse. When he was first person to ever mention to me— I remember way back when I ran for June 11, 1996 CONGRESSIONAL RECORD — SENATE S6045 the Kansas Legislature. We had a not convinced. There were a lot of fix. Maybe, as I said earlier in the day, Democratic law librarian who thought skeptics in this Chamber; probably that is a pattern we can follow for Med- young people ought to get involved in some on each side. You cannot have icare for the long-term solution: Take politics. She found two Republicans truer motives. It is always something it out of politics as we did on Social and two Democrats, and talked us into political. But after being on that trip Security, make it work, make it sol- running for the State legislature. We about 2 or 3 days, I changed my mind. vent. And the people who get the credit did not know anything about politics. Senator HOLLINGS from South Carolina are the people who get the checks—37 We did not know what party we were was in the forefront of that effort. He million of them. So, we reached across in. We were students; veterans going to remembers how bad it was. partisan lines. school under the GI bill. I thought So we worked together on food So, I worry a little about the future. about which party to belong to. I have stamps, the WIC Program, and the I worry about our defenses. I know said in jest, from time to time I went School Lunch Program, particularly there are a lot of very talented people back to my hometown and went up to when it affected poorer Americans. I here who are going to continue to do the courthouse and found out there think, as I look at it, that no first- that. I am not here to make a partisan were more Republicans than Demo- class democracy would treat its people speech or even a partisan reference, but crats. And I became a committed Re- like second-class citizens. I would hope that we would keep in publican. [Laughter.] I remember standing on this floor mind there are still threats around the It is not quite accurate. But my par- managing the Martin Luther King holi- world and also keep in mind that we ents were Democrats. day bill. We had the majority. It was a are the envy of the world. I remember the first time I was ever proud day for me. It is now a national I learned, meeting with a lot of lead- approached by a reporter. Here I was a holiday. ers, foreign leaders, as leaders get to do brandnew law student, a brand new leg- The first speech I ever made on the in this business—the chairmen of the islator. I did not know anything about floor was April 14, 1969, about disabled Foreign Relations Committee, Sen- anything. They said, ‘‘Well, what are Americans. There are a lot of people in ators HELMS and PELL and others, Sen- you going to do now for your district?’’ this room who have worked on this ator LUGAR when he was chairman—I Or something of that case. I said, ‘‘I am program. I know Senator KENNEDY and remember when the Berlin Wall came going to sit around and watch for a Senator HARKIN and Senator Duren- down and the Soviet empire collapsed, couple of days, and then stand up for berger, when he was here, and Senator a lot of people started coming to Amer- what is right.’’ Jennings Randolph before—maybe be- ica. They were leaders. They were Well, that is what we all do around fore many of you came—was in the young and they were old and they were here. I hope I have done it over the forefront. We stood with many who men and they were women, and they years. could not stand on their own, and the did not come for foreign aid. The cyn- I will take a minute or two to in- highlight was passing the Americans ics said, ‘‘Oh, they are coming after dulge in some of the things that we all With Disabilities Act. Forty-three mil- more of our money.’’ They knew we did have different interests in. I have been lion Americans—they are not all seri- not have any. But for the first time in deeply involved in agriculture, as many ously disabled, but there are many in 70 years, in some cases, they had a of you have here, because Kansas is a wheelchairs, many who cannot even sit right to travel. They could get on an farm State. When I came to Congress, I up. It was a very impressive sight to be airplane without checking with the was on the House Agriculture Commit- at the White House the day that bill government and waiting for a year or 2 tee. I have been on the Senate Agri- was signed by President Bush, and I am years or 3 years. They could go to culture Committee ever since. So I am forever grateful. I know Senator KEN- church, they could vote—all these proud of having served the farm fami- NEDY and Senator HARKIN are. Have basic rights that we take for granted. lies of Kansas and around America who you ever seen so many wheelchairs at And they came to America. make a lot of sacrifices. the White House at a signing cere- Some are now Presidents, like Lech This year we did not have a wheat mony? Never. And now more and more Walesa, some are leaders of their party. crop, hardly at all, in Kansas because Americans with disabilities are full As they came to our offices, and I am of the drought. I am advised by Sen- participants in the process. They are in certain it was true in every other of- ator DORGAN that they are not going to the mainstream. fice, they did not ask for money. They have much of one because of the rains So, I remember in 1983—I know PAT wanted to come to America to see and the water. MOYNIHAN remembers—we were stand- America. They wanted to take a look So farmers make a lot of sacrifices. I ing right over in this aisle. We had a at America. And I can recall almost ev- remember back during the Vietnam de- bipartisan commission on Social Secu- eryone who left my office, sometimes bate. Some of us were here. Some were rity. We had met week after week, with tears streaming down their on each side of the issue. The so-called month after month. It was about to go cheeks, saying, ‘‘We want to be like Cooper-Church amendment that went down the drain. We had about given up. America.’’ on and on and on, week after week Everybody was disgusted. We were get- We are the envy of the world. That is after week on whether we ought to ting short-tempered. We were Demo- why so many people want to be like we withdraw our troops, or shut off fund- crats and Republicans. At the time the are. ing, which I thought was wrong. As I late John Heinz was a member of the So, we have lit Liberty’s torch with a look back on it, I think I was right be- commission. As member of the Finance glow that can truly light the world. cause we had courageous men like BOB Committee, I was a member. Senator That is what America is all about. We KERREY, JOHN MCCAIN, and others in MOYNIHAN was a member. And Senator are much more than a place on a map. this Chamber who were risking their MOYNIHAN—I think just by chance or We are the United States, and we are a lives, and they deserved our support. fate or whatever—and I happened to beacon of hope. We are a magnet for That was a big debate at the time. meet in this aisle on my right. We said the oppressed and a shield against I have also been proud to be involved we have to try one more time to rescue those who would put the soul itself in in nutrition programs. Somebody men- Social Security—one more time. bondage. tioned that earlier today. I remember It was not a partisan issue. And we I think we did that in Kuwait, and we working with Senator McGovern on did. That afternoon we convened three may be called on to do it again. But I that, and there was a conservative arti- more people, we had five of the com- would guess one thing. I would hope, cle saying I cannot be a conservative mission, and it was not long until we when they catalog all the amendments because I know George McGovern. I were back on track. We finally made it and all the bills and do all the com- think George McGovern is a gentleman happen, and 37 million people have got- mentaries, whenever it is all over for and has always been a gentleman. But ten their checks on time. us here, that we have left our children we worked together on food stamps. I I think I read in the Washington Post something other than a legacy of debt. will confess, when I made my first tour just this weekend, Social Security is Our children are important. None of us with George McGovern, I said, ‘‘This going to be in pretty good shape until have a perfect solution, but there has guy is running for President.’’ I was the year 2029. So that is a pretty good to be some solution here where we can S6046 CONGRESSIONAL RECORD — SENATE June 11, 1996 come together, Republicans and Demo- RECESS Secretary of State. crats, because everybody loves their The PRESIDENT pro tempore. Under f children. Everybody loves their grand- the previous order, the Senate now children. We have all these young stands in recess until 2:15 p.m. pages here. We have an example every Thereupon, at 12:51 p.m., the Senate CEREMONY OF ADMINISTRATION day of young people who want to get recessed until 2:14 p.m.; whereupon, the OF OATH OF OFFICE TO SHEILA ahead, who are willing to work. They Senate reassembled when called to FRAHM AS SENATOR FROM THE just want the opportunity. order by the Presiding Officer [Mr. STATE OF KANSAS I think, if I could hope that anything BROWN]. The VICE PRESIDENT. The new might happen, it probably will not hap- The PRESIDING OFFICER. The Sen- Senator will now present herself at the pen today, but this year or next year— ator from Louisiana is recognized. desk for the administration of the oath I felt strongly about the balanced Mr. BREAUX. Mr. President, I sug- of office. budget, but not enough people did. But gest the absence of a quorum. Mrs. FRAHM, escorted by Mr. DOLE that will be around. The PRESIDING OFFICER. The and Mrs. KASSEBAUM, advanced to the So I would close with, again, thank- clerk will call the roll. desk of the Vice President; the oath ing all of my colleagues. I do not be- The legislative clerk proceeded to prescribed by law was administered to lieve—I am just trying to think back— call the roll. her by the Vice President; and she sub- I do not believe we have ever had any Mr. LOTT. Mr. President, I ask unan- scribed to the oath in the Official Oath real disagreements. I remember one imous consent that the order for the Book. time, I remind the Democratic leader, quorum call be rescinded. [Applause, Senators rising.] that I offered an amendment that you The PRESIDING OFFICER [Mr. (Mrs. HUTCHISON assumed the thought you were going to offer, and I COATS]. Without objection, it is so or- chair.) made a mistake. I was not trying to dered. Mr. LOTT. Madam President, I sug- one-up the Senator from South Da- Mr. LOTT. I believe, Mr. President, gest the absence of a quorum. kota. So I withdraw my amendment. momentarily we will have the intro- The PRESIDING OFFICER. The Then he offered the amendment. I duction and swearing in of the new clerk will call the roll. think that is called civility. Senator from Kansas. The legislative clerk proceeded to So, I would close with the words of For a moment, I suggest the absence call the roll. my hero, Dwight Eisenhower, because of a quorum. Mr. LOTT. Madam President, I ask he was our supreme commander. He The PRESIDING OFFICER. The unanimous-consent that the order for also came from Abilene, KS; born in clerk will call the roll. the quorum call be rescinded. Texas but quickly moved to Kansas. He The legislative clerk proceeded to The PRESIDING OFFICER. Without was only 2 years old. It took a while. call the roll. objection, it is so ordered. But, in any event—this is his quote. Mr. LOTT. Mr. President, I ask unan- imous consent that the order for the f As we peer into society’s future, we—you quorum call be rescinded. and I—and our Government—must avoid the The VICE PRESIDENT. Without ob- MORNING BUSINESS impulse to live only for today, plundering, for our own ease and convenience, the pre- jection, it is so ordered. Mr. LOTT. Madam President, I ask cious resources of tomorrow. f unanimous consent that there now be a We cannot mortgage the material assets of SENATOR FROM KANSAS— period for the transaction of morning our grandchildren without risking the loss of CREDENTIALS business with Senators permitted to their political and spiritual heritage. We speak therein for up to 5 minutes each want democracy to survive for all genera- The VICE PRESIDENT. The Chair until the hour of 3:30 p.m. tions to come, not to become the insolvent lays before the Senate the credentials Mr. EXON. Reserving the right to ob- phantom of tomorrow. of SHEILA FRAHM, appointed a Senator ject, and I do not intend to object. Is it I think those words are just as good by the Governor of the State of Kansas the Senator’s intention that we would today as they were 35 years ago when on June 11, 1996, to represent such go to the budget then at 3:30? Is that President Eisenhower spoke them. We State in the Senate of the United the plan? can lead or we can mislead as the peo- States until the vacancy of the term Mr. LOTT. Madam President, if I can ple’s Representatives, but whatever we ending January 3, 1999, caused by the respond to the distinguished Senator do, we will be held responsible. We are resignation of the Honorable ROBERT J. from Nebraska, it is our hope that the going to be held responsible and ac- DOLE, is filled by election as provided Senate could consume much of the 10 countable. I am not talking about 1996. by law. hours allocated to the budget con- I am talking about any time over the Without objection, it will be consid- ference report this afternoon. That is next century. ered read. provided, of course, under the statute. So the Bible tells us that to every- The Certificate of Appointment is as We would be able to set the final vote thing there is a season, and I think my follows: on the conference report for midafter- season in the Senate is about to come State of Kansas, Office of the Governor noon on Wednesday, in all probability. to an end. But the new season makes CERTIFICATE OF APPOINTMENT Certainly, we are now consulting with this moment far less the closing of one To the President of the Senate of the United the Democratic leader, and he is mak- chapter than the opening of another. States: ing sure that that is agreeable. We all take pride in the past, but we all This is to certify that, pursuant to the We hope to have a unanimous-con- live for the future. power vested in me by the Constitution of sent request on that in, hopefully, a the United States and the laws of the State I agree with prairie poet Carl Sand- few minutes. Between now and 3:30, of Kansas, I, Bill Graves, the Governor of since a number of Senators did not burg, who told us: Kansas, do hereby appoint Sheila Frahm a have an opportunity to speak this Yesterday is wind gone down, Senator from Kansas to represent Kansas in morning in tribute to Senator DOLE, we a sun dropped in the West. the Senate of the United States until the va- I tell you that there is nothing in the world, cancy therein, caused by the resignation of hope that can be done in this hour. Only an ocean of tomorrows, Bob Dole, is filled by election as provided by Then we hope to begin on the budget A sky of tomorrows. law. resolution. Witness: His excellency our Governor Bill Mr. EXON. I have no objection what- Like everybody here, I am an opti- Graves, and our seal hereto affixed at To- soever. This Senator was one of those, mist. I believe our best tomorrows are peka, Kansas, this 11th day of June, in the also, who wishes to speak. I will be year of our Lord 1996. yet to be lived. So I, again, thank you. seeking 5 minutes of my own time for God bless America, and God bless the By the Governor: BILL GRAVES, that subject during the next hour. U.S. Senate. Governor. The PRESIDING OFFICER. Without [Applause, Senators rising.] RON THORNBURGH, objection, it is so ordered. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6047 TRIBUTE TO SENATOR BOB DOLE what we are about in this institution. ings are not significantly different by Mr. LOTT. Madam President, there is Those who really know BOB DOLE know what has been thought and what has no question that some of the most elo- that he is leaving not out of ambition been said by my colleagues on both quent speeches I have heard since I for higher rank, but out of determina- sides of the aisle. So aside from the have been in the Senate were presented tion to finish the fight and be in a posi- BOB DOLE that we all know so very, this morning by Senators on both sides tion to do all that he can do for his very well, I just want to say that I was of the aisle as a tribute to our good country. pleased to be here and to hear that ex- friend and majority leader, BOB DOLE. That fight, in terms of his country’s cellent speech that Senator DOLE gave They really were very impressive in future, is every bit as important as the as his farewell address in the U.S. Sen- terms of the relationship that Senators fight which gravely injured the young ate. It was sad in lots of ways, and yet have had with Senator DOLE and their BOB DOLE in 1944. it was so reassuring to see someone of love for him and for this institution. There are some who think of duty as the integrity, the ability, the char- Many Senators have enjoyed working a burden, heavy to bear and best acter, and the good nature of BOB DOLE with Senator DOLE and have learned a shrugged off onto someone else. spelled out in that speech so very, very great deal from him. Certainly, I am There are others who embrace duty, well. I hope that many, many people in one of those that has been studying at and carry it proudly, and do not put it the United States heard that speech by the feet of BOB DOLE. It has been some- down until the journey is done. my friend and colleague, the man from thing to behold. He is truly a master of In walking out of this Chamber Kansas. how to get things done. We can all today, BOB DOLE carries with him a I have worked with him so very, very learn from that. I hope that I am one lifetime of duty. long on so many issues. Many times we that has learned and will remember As we saw him exit this door, we all have been on the same side, but on those lessons. felt an emotional surge, and every many of the items we have been on op- I served in the House for a number of Member of this Senate knows he will posite sides. But never, as Senator years after having worked for a Demo- not put that responsibility and duty DOLE mentioned in his speech this cratic Congressman named Bill down. morning, has he ever, to my knowl- Colmer, the chairman of the Rules No one would understand better than edge, violated that cardinal rule of the Committee. Until this very day, when I BOB that not every Senator wants him U.S. Senate—unwritten, which is just remember the lessons I should have to succeed in his present mission. In- as effective: A man’s word or a wom- learned from that old gentleman, I do deed, a goodly part of this body will an’s word is their bond. In all of these well. When I forget those lessons, I usu- move Heaven and Earth to prevent nearly 18 years that I have had the ally get in trouble. So I think that as that success. pleasure of my association with BOB we go through life and as we go That is not perfidy. It is democracy. DOLE, I have never known Bob even to through political life, as we work in It is something BOB DOLE went to give a hint of breaking his word, be- Government, and as we go through our war to defend, and something he still cause if there was ever a man in the daily activities in the Senate, there are can appreciate more than most of us. U.S. Senate for whom we all know his But I dare say, despite the political OB OLE certain giants like BOB DOLE that we word is his bond, that is B D . On a personal note, I just want to say can and should all learn from. and partisan divisions on this Senate Madam President, there is a little floor, as we quite often experience, all when I saw Bob walk out after his ad- known custom, I guess, in the Senate of us understand something historic is dress, it took me back to times in all of for Members to carve their names in happening here today. our lives when there have been break- the drawers of their desks. In fact, Something none of us will soon for- ups. I suppose the first was when we when constituents come on the floor get. graduated from grade school and that when we are not in session, that is one It brings to my mind two other reluc- old gang of ours broke up and went on of the things they find most interest- tant departures in our Nation’s past. through our educational process. And ing. They pull the drawers out and see The first would be Washington’s re- certainly it is true. When you left the who signed these desks. luctant leaving of Mount Vernon to as- service of the United States of Amer- When you look into some of these sume a position he did not seek, but ica, that old gang was broken up. That desks, you find the great—and some- which his countrymen insisted he take. old gang that BOB DOLE was with was times not so great—names of the past. The second would be Lee’s agonized suddenly broken up when he nearly They are a veritable rollcall of our departure from his post of military gave his life in combat, in defense of country’s history. honor to fulfill what he considered a the national security interests of the In 28 years in the Senate, BOB DOLE higher duty. United States of America and the free did more than make his mark upon a Were he here, BOB DOLE would mod- world. But I thought of that breakup congressional desk. He made his mark estly dismiss any comparison with when I saw BOB walk out that door an upon this institution, not just its legis- Washington or Lee—or any other of hour or so ago. lation, but more importantly, its char- American’s great statesmen of the BOB DOLE meant so much to me be- acter. past. cause, despite our differences from He devoted most of his career to the He would rather let the future judge time to time, we always had an excel- Senate, but not because this Chamber such things, and so should we. lent personal working relationship. He and its business were an end in itself. Whatever the outcome of this year, came into Nebraska on two or three oc- For BOB DOLE, serving the Senate was whatever the course of its conflicts and casions to support my opponent in one serving his country. controversies, the future holds a place of my races. But never did BOB DOLE That service took precedence over for BOB DOLE as a giant of the Senate, say anything bad about JIM EXON, even most other considerations in his life. a man set apart from most by a quiet though he could have probably found Indeed, it took precedence over his passion for his country that we are some legitimate things that he could Presidential campaign—until today. only now beginning to understand. and maybe should have said. But that The reason BOB DOLE will not be with But Lord willing, we will benefit was not BOB’s way. BOB came into Ne- us on the Senate floor after today is no from it for years to come. braska, and he campaigned for my Re- great secret. I yield the floor, Mr. President. publican opponent—not against JIM The reason is that he was convinced Mr. EXON addressed the Chair. EXON. I think that is the mark of not he would better serve his country by The PRESIDING OFFICER (Mr. only a great statesman but a very ef- restoring leadership to its Presidency COATS). The Senator from Nebraska. fective leader, which he was of his than by handling the day to day affairs Mr. EXON. Mr. President, I thank the party as majority leader on that side, of the Congress. Chair. I wish to associate myself with but also someone that you could be We all know it was hard for him to the remarks by the distinguished Sen- truly proud of and call your friend. leave, and it was hard for us to see him ator from Mississippi. Little known outside the Senate, I leave. It affected us all, and it re- I just want to say a few words about suspect, was BOB’s strongest char- minded us once again who we are and my friend BOB DOLE. I suspect my feel- acteristic, and that was his sense of S6048 CONGRESSIONAL RECORD — SENATE June 11, 1996 humor. I am not sure that the public at lot of Democrats. I think everyone in fought to bring accountability to the large has understood that. But I have this body has tremendous esteem and criminal justice system. But, in 1994, had an ongoing relationship—very affection and love for BOB DOLE. He is Senator DOLE stood up for what he friendly—with BOB DOLE on many, one of the all-time great Senators. thought was right and opposed the so- many occasions. In fact, this year when There is no question about it. He will called Crime Control Act of 1994 be- he was running for President of the go down in history as one of the all- cause it was a pork-laden, big dollar, United States, I suggested to him—and time great Senators. Great Society social spending boon- he knew it was facetious—that I might Mr. President, 20 years ago, when I doggle. Some of our colleagues thought consider a draft to be his Vice Presi- was first sworn in as the junior Senator we had lost our minds when we opposed dential running mate, if he was inter- from Utah, BOB DOLE was among the a so-called crime bill in an election ested in that. BOB knows that I am a first of my Republican colleagues to year. But BOB DOLE did it because it Democrat—always have been and al- come up and put his arm around me, was the right thing to do. ways will be, and we had lots of jokes and helped guide me and helped me to He worked tirelessly for comprehen- about that. But over the years of learn the ropes. sive habeas corpus reform. He worked friendship, over the years of serving on I rise today to thank him for that, to crack down on frivolous inmate law- very tough issues, sometimes we were and for his extraordinary leadership in suits and was at the forefront of reform maybe at sword’s point, one would the years since. When the citizens from when, in 1984, he cosponsored the Sen- think, when we were debating a meas- Kansas elected BOB DOLE as their Sen- tencing Reform Act, which brought ure of some importance on the floor of ator, they chose a man who epitomizes truth-in-sentencing to the Federal sys- the U.S. Senate. BOB DOLE never lost the qualities of mainstream America, a tem. his sense of humor. He never forgot his team player, a war hero who dem- Mr. President, Senator DOLE has been sense of humor. And I think that is onstrated tremendous courage and per- a leader and a fighter for civil rights what helped carry him through prob- severance both on the battlefield and from the beginning of his career. Sen- ator DOLE knows full well that preju- ably that life-threatening wound that afterward, a hard worker and an honest dice and artificial barriers can hold a he received in battle and probably and decent man, a man whom all person down. As a Member of the other through some of the more heated de- Americans can look up to. body, he voted for landmark legislation bates that have taken place here on the By now, most of us are aware of the including the Civil Rights Act of 1964 Senate floor. I have never seen BOB wounds Lieutenant DOLE suffered on and the Voting Rights Act of 1965. He DOLE do anything but smile when that April morning in 1945. That was was a leader in the effort to extend the someone said something or told him about the same time that my brother Voting Rights Act in 1982. In 1967, then something that he thought was humor. was killed in the Second World War. Congressman DOLE voted for the Age So I am saddened by the fact that a BOB DOLE could have been killed too, Discrimination in Employment Act. In coworker for whom I have great re- and almost was. 1990, Senator DOLE supported the ex- spect, has made a choice that I think We have also heard about his amaz- pansion and clarification of this law to was the right choice for him to make, ing and long recovery. But less is protect older workers from the loss of especially with regard to the heavy re- known about how BOB DOLE was in- their employee benefits. sponsibility that he carries for his jured. Richard Ben Cramer’s book, Senator DOLE led the passage of the party, and he will carry in the Presi- ‘‘What it Takes,’’ tells us how: Martin Luther King holiday bill. It was dential election this year. In that re- Dole got his men down to the low stone a bill I voted against, and I consider it gard, maybe I can sum up my feelings, wall. Dole could have stayed in the middle the worst mistake I have made in my friendship, and understanding with BOB [of the platoon]. But he knew his job, and he 20 years here. I thought that we should DOLE by a statement that I made to did it. He was out in front, with the lead squad. not add another holiday due to both him in one of our more humorous con- the public and private sector costs in- versations maybe 6 months ago right in They were pinned down quick. They were pinned down in the field, when a farmhouse volved. But, frankly, in hindsight, I the heat of those very tough Repub- on the left opened fire: a Jerry machine-gun made a mistake. lican primaries for President of the nest . . . the men in the field were ham- BOB DOLE, however, did what was United States. I said to BOB DOLE, burger. right, and he brought that bill up and ‘‘You know, BOB, if we have to have a Dole had to get that machine gun. The lead helped to pass it. Republican President’’—then I re- squad was going to have to flank that house He played a key leadership role in en- peated it—‘‘if we have to have a Repub- and get that nest of Krauts [sic]. Sergeant acting the landmark Americans With lican President, I hope it is you.’’ Peo- Carafa assumed he’d be going out with the Disabilities Act. I worked hard on that ple that do not understand humor squad, but Dole said, ‘‘Sergeant, I’ll take ’em.’’ bill, and I know what he did. I was in might think that was a cutting thing the late night meetings. As the rank- BOB DOLE saw many men die trying for JIM EXON to say, but BOB DOLE ing Republican on the Labor and to knock out that machine gun. It was knew what I was saying. BOB DOLE Human Resources Committee, I was in knows that myself and all, likely, on that morning, trying to take it out, the leadership meetings. I have to tell OB OLE both sides of the aisle respect not only that he was wounded. B D could you, without BOB DOLE, that bill would the man’s talent but the man’s sense of have let someone else go out with the not have passed. The ADA extended responsibility and his sense of humor squad. BOB DOLE could have stayed be- civil rights protections and opportuni- which has endeared him to those of us hind and provided cover. BOB DOLE ties to millions of Americans with dis- on both sides of the aisle. could have stayed in the middle. In- abilities. I can remember when it Godspeed, BOB DOLE, to you and your stead, BOB DOLE was out in front. passed, he and I had tears in our eyes wonderful wife, Elizabeth. You are a BOB DOLE has been out in front ever because it was such a monumental day. great couple. And whatever the future since. He became a skillful legislator. Yes, BOB DOLE has been there for the holds, we will always hold you in high He knew how to get things done around big fights, let me tell you. esteem. here. But he also knew that duty re- BOB DOLE recognizes that rights in- I thank the Chair. I yield the floor. quired him to take action when it here in individuals, not groups. In 1995, Mr. HATCH addressed the Chair. wasn’t always in his own best interest he introduced the Equal Opportunity The PRESIDING OFFICER. The Sen- or when he saw public policy going Act, which prohibits racial, ethnic, and ator from Utah. down the wrong path. gender preferences in Federal employ- f Take, for example, his leadership on ment, Federal contacting, and feder- addressing the crime issue. Throughout ally administered programs. He TRIBUTE TO SENATOR BOB DOLE his career, BOB DOLE consistently sup- sparked a healthy and timely national Mr. HATCH. Mr. President, I thank ported legislation to fight crime and debate on affirmative action. In his my colleague from Nebraska for his help the victims of crime. From the Or- view, every American should be treated kind remarks about our friend BOB ganized Crime Control Act of 1969 to with equal rights under the law, with- DOLE, which were very eloquent. I the 1996 Antiterrorism and Effective out preference based on race, ethnicity, think he expressed it beautifully for a Death Penalty Act, BOB DOLE has or gender. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6049

BOB DOLE helped build the Repub- Whatever the future may hold for held hill in Italy, Lt. BOB DOLE never lican Party that we have today. He BOB and Elizabeth Dole, I just want to had any question about his duty. It was helped build the Republican majority wish them both happiness and God- this dedication to duty, a commitment we have today. There were no litmus speed. to serving the Nation, and pure, un- tests under BOB DOLE’s leadership. He Mr. President, I yield the floor. adulterated courage that sent Lieuten- successfully knit together Senators The PRESIDING OFFICER (Mr. ant DOLE up that hill, and it was those from Alaska to Virginia to form a KEMPTHORNE). The President pro tem- same qualities that not only saved his working team whose sole purpose was pore of the Senate, the distinguished life after being gravely wounded by to achieve the goals for America that Senator from South Carolina, is recog- hostile fire, but gave his life purpose in we all held in common—goals that I nized. the years following his near life-ending personally believe we hold in common Mr. THURMOND. Mr. President, in injuries. with the American people. recent years, many in the media, the As he lay in a hospital bed, it took a We are going to miss BOB DOLE in the public, and even some Members of Con- man of fortitude, determination, and U.S. Senate. I suspect even his worthy gress, have come to regard those who courage to face 39 months of surgery, adversaries on the Democratic side seek positions in the public sector with convalescence, and rehabilitation. It have come to admire his determina- some amount of contempt and mis- took courage, fortitude, and deter- tion, skill, and faithfulness to the peo- trust. Most of us in this Chamber know mination for BOB DOLE to face the fact ple he represents. I believe there is such characterizations are not only un- that his dream of becoming a doctor unanimous agreement in this body that fair and inaccurate, but do much to and helping others had ended. It took BOB DOLE served with honor and dis- harm the sanctity and reputation of a courage, fortitude, and determination tinction as one of the greatest Sen- body dedicated to debate and providing for him to make the decision to not ators in the history of this Federal Re- for the Nation. make his disabilities a handicap, but to public. The large majority of those who be- force forward with life and to dedicate I have to say something here that I come Government officials are honor- himself to serving others through pub- am sure BOB DOLE does not know, but able individuals, but there are a hand- lic service rather than medicine. It I am going to say it publicly because it ful of Senators in particular whose con- took a man of fortitude, determina- means so much to me. My brother died duct and dedication to service are tion, and courage to learn again how to shortly before BOB DOLE got wounded above reproach, and who stand as liv- do all the things that you and I take in the Second World War. My brother ing contradictions to those who believe for granted; to go back to school in was very dear to me. I was only 10 that this is an ineffective and partisan order to finish his undergraduate de- years old when he died. When we re- body. These Senators are men and gree and earn a law degree; and, to ceived the news, I immediately got a women of principle who are dedicated begin his career. Simply put, it took white streak of hair on the right side of to the noble cause of working to bene- grit to survive what BOB DOLE survived my forehead because it was such a fit all the people of the United States. and to essentially start life anew. shock to me. Today, it is with great regret that I Since entering politics and public He was killed in the Ploiesti oil raid, mark the departure of a man who sets service, BOB DOLE has never looked which, of course, was the pivotal oil a standard for service to the Senate back and he has never faltered in his raid of the European war because it and the Nation that is truly un- duties. He has approached each posi- knocked out all of the Vienna-Austrian matched—the majority leader and Sen- tion he has held with enthusiasm and oilfields that Hitler depended on. But ator from Kansas BOB DOLE. has earned a reputation for thorough- Jess’ death was a tremendous shock to I doubt it came as a surprise to any- ness, fairness, and honesty. These us. one in Russell, KS, when BOB DOLE qualities, along with those outlined When I came to the Senate, BOB DOLE first ran for elected office in 1951. The earlier, endeared him to his fellow put his arm around me. He looked like bright young war veteran and attorney Kansans who sent him on to positions my brother, to a large degree. My had already established a well-deserved of progressively more importance and brother had the same color hair, was reputation for courage and hard work responsibility. From the Kansas Legis- about the same height, about the same when he declared his candidacy for a lature, he served as Russell County at- build. My brother was a football player seat in that State’s House of Rep- torney, and then as a U.S. Congress- as well. He looked a lot like my broth- resentatives. It was these two simple man for four terms before coming to er. I have always considered BOB DOLE, OB OLE the U.S. Senate in 1968. It is here that for good or bad, to be my brother. attributes that not only help B D I have tremendous respect and admi- to win that election, but have helped to I met BOB DOLE and immediately took ration for this man, this fellow who has guide him through life of challenges, a liking to this serious-minded fellow given so much to his country and who, hardships, and accomplishments. veteran who had a pragmatic approach if everybody in America knew him— The heartlands of the Kansan prai- to the issues before the Nation, and a knew him like we do—there would be ries are where BOB DOLE learned about fire in him to serve. no question that he would be the next being tough and not giving in when in Over the next 28 years, I became President of the United States. the same situation the average person quite fond of Senator DOLE as a col- I have to say I love BOB DOLE. Elaine might simply give up the fight. While league and a friend. I was pleased to does, too. We love his wife Liddy. She this is a region of simple beauty, kind watch him grow into his position as a is a tremendous human being. As both people, and strong values, during the Senator and to become one of the lead- chairman and ranking member of the time of BOB DOLE’s youth it was also a ing spokesmen for our party not only Labor Committee, I worked with Liddy place that was rife with hardships for in this body, but throughout the Na- Dole, who served as President Bush’s those who lived there. It was a place tion. His abilities as a public servant Secretary of Labor. I have to tell you I where hard work was not a virtue, it did not escape many, including Presi- appreciated those days and appreciated was a necessity for survival, especially dent Gerald Ford, who selected Senator her kindnesses to me and her great during the Nation’s most severe eco- DOLE to be his running mate in 1976. work for the country. nomic crisis, the Great Depression. The longer BOB DOLE served in the Sen- Today, BOB DOLE is leaving the Sen- In his hometown of Russell, KS, BOB ate, the more prominent and critical ate to pursue a different calling. Yet it DOLE also learned about things such as his role became in the legislative proc- still is the calling of public service. He patriotism and a commitment to serv- ess. His razor sharp mind gave him an did not have to leave the Senate. No- ing the Nation. He was taught that encyclopedic familiarity with legisla- body could have pushed him out of these words represented more than tion and legislative procedure, both here. It would have been safer to stay. mere ideas or ideals, they were part of which he put to good use as he as- But we have already learned that BOB the responsibilities of citizenship in cended the ladder of Senate leadership. DOLE does not stay safely in the fox- this great land. During World War II, Furthermore, his years of experience as holes. That is not what we expect of BOB DOLE served his country as an offi- a Member of Congress gave him an in- our leaders, and BOB DOLE, in my opin- cer in the Army, and when he was or- sight into the affairs or the Nation ion, has what it takes. dered to lead an attack on a German- that could be matched by a few with S6050 CONGRESSIONAL RECORD — SENATE June 11, 1996 whom he served, and made him a val- of his public service—campaigning for every day. BOB DOLE’S destiny will ued advisor to fellow Senators, and to the highest office in the land. take him to even greater challenges Presidents. In short, BOB DOLE was, Mr. President, for the past 16 years, I and responsibilities next year. And I and continues to be, a man of tremen- have been privileged to represent the know he will always keep Alaska’s spe- dous abilities and background whose people of the State of Alaska in the cial needs in mind whenever he makes experience allows him to have an im- Senate. And throughout my tenure in decisions on economic policy. pact on the governing of the United the Senate, BOB DOLE has been a friend Mr. President, I suggest the absence States that is unique and nothing short to the people of Alaska and a leader of a quorum. of beneficial. who has always been sensitive to the The PRESIDING OFFICER. The It seems hard to believe that BOB special needs of our young State. clerk will call the roll. DOLE is leaving the Senate. After al- BOB has traveled extensively in Alas- The bill clerk proceeded to call the most 30 years of prominent and dedi- ka. And he understands that unlike roll. cated service, he seems as much a part States that entered the Union in the Mr. STEVENS. Mr. President, I ask of this building as the statute of Armed 18th and 19th centuries, Alaska, which unanimous consent that the order for Freedom which sits atop the Capitol has only been a State since 1959, is far the quorum call be rescinded. and guards the District and the Nation. more dependent than other States on The PRESIDING OFFICER. Without More important and significant than decisions made in Washington. objection, it is so ordered. merely enduring the rigors and battles Almost 70 percent of Alaska is owned Mr. STEVENS. Mr. President, we of the Senate for almost three decades by the Federal Government. Fifty-four have just said goodbye to the majority is that during his life and in his tenure million acres of Park Service land is in leader, who has just retired. He has left in Congress, BOB DOLE has made a dif- Alaska—68 percent of all Park Service the Senate with great support from ference in the history of the United land in the Nation. Fifty-seven million those of us who have known him and States. Among other things, he has acres of designated wilderness is lo- really do have a great love for BOB stood tall for a budget that will not cated in Alaska. That’s over 60 percent DOLE. saddle future generations with an un- of all wilderness lands in the country. I have known him since he was a fair debt; he has fought hard to give And 76 million acres of Fish and Member of the House. I was not a Mem- our men and women in uniform the re- Wildlife Service land is in Alaska— ber of the House, but I knew he was sources they need to keep America free That’s 85 percent of all Fish and Wild- there in the House. BOB DOLE and I and safe; he remained firm on the need life Service land in the United States. came to the Senate at the same time. for drawing the line against the crime The purpose in providing these sta- As he leaves today, I am, as he just and criminals that prey on innocent tistics is to reiterate to my fellow Sen- said, the sole survivor of the class of Americans; he did not flinch in work- ators that almost any economic activ- 1968. He has been a great friend of ing to contain our former Communist ity that is done in Alaska can only get mine. I have been on the floor before to enemies; and, he has worked hard to started if the Federal Government does say how I felt about BOB DOLE. ensure that the United States main- not stand in the way. BOB DOLE has al- I have also remarked about the fact tains the most dynamic economy in ways understood that. that he has also been a great friend of the world. Time and time again, BOB BOB DOLE also understands that our the State I represent. He assisted us DOLE has been on the right side of the natural resources can be developed in a greatly in the passage of the Alaska issues, working to create legislation responsible manner using our best Native Land Claims Settlement Act, and policy that is beneficial to the citi- technology without harming our envi- which paved the way for the trans- zens of this Nation, and leading this ronment. Alaska pipeline. He assisted me many body toward a vision of an America BOB DOLE does not sell America’s times in matters pertaining to the that is safe, wealthy, and full of oppor- technology and ingenuity short—he be- oceans—the Fishery Conservation Act, tunity as long as there is a United lieves that it is better to harvest our which protects the fisheries off our States. It is with no small regret that abundant resources in an environ- shores. He voted with us on the Alaska I say I will miss my colleague, my lead- mentally responsible manner rather Lands Act, on issues that we tried to er, and most importantly, my friend, than sending our dollars and jobs over- change in that bill in 1980. He and Eliz- BOB DOLE. I wish him well and thank seas by importing resources. abeth Dole were very helpful in assist- him for his service, and for the example Mr. President, BOB DOLE has served ing us on the Alaska Railroad transfer. he has set for selflessness, patriotism, as the Republican leader for more than As a matter of fact, as I have told and humility. 11 years-longer than any Republican many of my friends, their Christmas Mr. President, I yield the floor and leader in history. He has had to juggle card that year was the photograph of suggest the absence of a quorum. and balance the interests of States as the Secretary of Transportation and The PRESIDING OFFICER. The different as Florida and Alaska in her husband standing at the back of clerk will call the roll. order to get legislation from the draw- the superintendent’s car on the Alaska The bill clerk proceeded to call the ing boards to President’s desk. Railroad. That was Elizabeth’s trip to roll. Throughout all of the time I have Alaska, and BOB was traveling with his Mr. MURKOWSKI. Mr. President, I known BOB, he has never sacrificed wife in her official capacity. He was of ask unanimous consent that the order what is important to Alaska’s 600,000 great assistance to me at the time that for the quorum call be rescinded. citizens in order to get a piece of legis- we had the terrible disaster of the The PRESIDING OFFICER. Without lation adopted. In fact, it was BOB Exxon Valdez oilspill. I could go on and objection, it is so ordered. DOLE’S leadership that ensured that for on and talk about things that BOB has Mr. MURKOWSKI. Mr. President, the first time last year, Congress au- done with me. today a giant in the annals of the U.S. thorized oil exploration in ANWR. What I really want to talk about, Senate, Senator ROBERT DOLE of Kan- And when BOB DOLE moves to the though, today is BOB DOLE as a leader. sas, the Republican leader, has chosen White House next year. Alaskans can As he said to some of us today, he be- to leave this great institution to pur- be assured that the roadblock to our lieved that, as the leader, he tried to sue and, I believe to win the Presidency economic development will finally be reach out to those of us here in the of the United States. The Senate will removed. He knows that America’s eco- Senate who might disagree with him, never be quit the same; for Senator nomic security cannot be assured so and reach out to Americans. Recently, DOLE has that rare and admired quality long as we are dependent on foreign we had a report of a poll in my State of making things happen, getting countries for more than 50 percent of that showed BOB DOLE is more popular things done, and moving this tradition- our energy needs. than almost any of us who are elected layered institution forward. Mr. President, Alaskans will miss officials in Alaska. He is well known in All of BOB DOLE’S adult life had been Senator DOLE’S leadership and sensitiv- the north country because they know spent in service to the American public ity to our State’s needs. I will miss that he has gone out of the way on the and today he has not ended that serv- him as a person and friend that I have campaign trail to go as far away as ice. He is just entering the final phase grown accustomed to talking with Alaska. I am one of those. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6051 There are not very many of us re- appointed that the move to bring tele- the passage of several pieces of impor- maining here now who saw service in vision to the Senate had failed, and he tant legislation, including, for exam- World War II. Part of my role has been asked me if I would work with others ple, the landmark Americans With Dis- to work as chairman of the Defense Ap- in the Senate to bring that about. It abilities Act in 1990. propriations Subcommittee to assure was at that time a privilege, really, to For many years, Senator DOLE was a that we keep the mandate we received represent the leader in meeting with supporter of legislation to protect civil from the Constitution to provide for Senators from the other side and on rights. For example, his efforts were the common defense. our side of the aisle. There were some crucial in the passage of the renewal of BOB DOLE has never, ever voted Senators who changed their positions the Voting Rights Act in 1982. against those of us who believe in a when they realized that the new leader His imprint is also on the Food strong defense. He joined all of us who was very sincere and wanted to have Stamp Program, on Social Security, worked together in the Reagan years the American public know what was and other important measures. to see to it that we could rebuild our going on in the Senate. One legislative achievement that national defenses—really our total I think that the Senate has been may not get much notice, but which military capability—at the time that changed by television coverage in the helps some of our Nation’s most vul- the Soviets were going into an enor- Senate—some good and some bad, but nerable people, is Senator DOLE’s sup- mous military monolithic Communist mostly good. I believe it has dem- port for the Program of All-Inclusive dictatorship. He was quite successful in onstrated for the country what is Care for the Elderly, or PACE. Senator OLE getting the Senate to help President ahead of us if BOB DOLE is successful in D and I share an interest in this in- George Bush at the time of the Desert his new quest, because he does reach novative long-term care program, Storm victory. He knows the value of out for people. He makes sure that ev- which is a nationwide effort to inte- defense. One of the issues he is talking eryone involved around him has a grate services for certain elderly Medi- about now, as he leaves us, is our mis- meaningful role and listens. He listens care and Medicaid patients. PACE has sile defense system. to advice. If there is one thing that I managed to provide an extensive array He has told us himself today about think can be assured in the days ahead, of services while saving money, both laudable goals. his role in the Disabilities Act. He has it is that candidate DOLE is going to On another issue—committing Unit- worked with us in child nutrition, and listen to America and America is going ed States forces to Bosnia—Senator he certainly has been responsible for to listen to candidate DOLE. For my- DOLE and I were in disagreement, but the family tax credits coming back to self, I can think of no better thing for even though we were on opposite sides where they should be. We hope to real- the country than to know that we go to of the final vote to send American ly increase those in the future. As was the beginning of the new millennium troops there, I recognized his efforts to remarked here on the floor by our lead- with a new President. work for bipartisanship and to take a er, he has reduced the tax rates in our So I hope, Mr. President, that this risk to support what he regarded as the country from a maximum of 90 percent day, this decision that my good friend necessary action in this area. to a maximum of just over 30 percent— has made to leave this Senate, which Mr. President, it is unfortunate that, for most Americans, 28 percent. he loves and we all love, proves to be during an election year, the Senate is But I am really full of memories the right decision for him and for the so often consumed by partisan tensions today as we have seen our leader leave country. I know that he has not left and maneuvers. Nevertheless, the U.S. us because, as he mentioned in his our hearts because those of us who Senate is an institution where it is pos- statement, in 1984, I, too, was a can- know him will be with him all the way sible to reach across the aisle and find didate to become the leader of the Sen- along the trail. common ground. ate. After several votes, it came down As the statement made by Theodore Senator DOLE has devoted many, to a contest between Senator DOLE and Roosevelt was read today in our meet- many years to the Senate and to work- myself. During the counting of the ing, as we gave him the bust of Teddy ing on issues of enormous public inter- vote, he came over and congratulated Roosevelt, BOB DOLE has known both est. He has earned the respect and ad- me and thought that I had won. To the victory and defeat, and he has shown miration of all of his colleagues, Re- contrary. He won the election by a nar- his courage and his ability to stay the publicans and Democrats alike. row vote. At that time, I asked for rec- course. I believe he has what it takes. Mr. President, BOB DOLE will be long- ognition and asked Senate Republicans I hope he will know victory in the days remembered in the U.S. Senate, and to vote unanimously for Senator DOLE ahead. this Chamber will simply not be the because it was clear we needed a united Mr. FEINGOLD. Mr. President, I rise same without him. Republican group in the Senate to to salute the energy, intelligence, and Mr. LEVIN. Mr. President, today the move forward. In retrospect, I think personal strength of a man who is leav- Senate loses one of its true legislative that was probably one of the smartest ing a remarkable career in the U.S. craftsmen. When I came to the Senate, moves I ever made and one of the best Senate, the majority leader, Senator BOB DOLE had already earned a reputa- votes I cast—to assure that BOB DOLE ROBERT DOLE. tion as a legislator, a Republican who was elected the leader of the Repub- Many of my colleagues have worked could cross the aisle to work with lican side unanimously. He has shown with Senator DOLE far longer than I, Democrats to solve problems and reach us what he can do. but it didn’t take me long after I ar- compromise. This is the essence of the I want the Senate to know how much rived here in 1993 to develop a healthy Senate. I soon learned that the reputa- he demonstrated his philosophy of respect for his skill as a legislator and tion of the Senator from Kansas was reaching out. After that election, he for his ability to lead his Republican well earned. Over the years my respect asked me to come see him, and he told colleagues. Moreover, it quickly be- for his ability to craft a legislative so- me that he had some things in mind. came clear to me that Senator DOLE is lution has grown. We will all miss his For instance, one of the things he a man shaped and defined by his ability skill. wanted to do was have the Senate more to meet challenges without flinching We will also miss BOB DOLE for his involved in the oversight of the arms and to overcome them. sense of humor. The Senate can be a control negotiations that were going He has been accorded well-deserved place of high drama, high pressure, and on at that time. He asked me to chair praise from both sides of the aisle, and sometimes high dudgeon. BOB DOLE, the arms control observers group which his colleagues on the other side have who has himself shown a real bite from he created at that time. He got the demonstrated their respect for his time to time, and who is a tough fight- support of the minority, and we cre- abilities by making him the longest- er for his point of view, more often ated a bipartisan group that played, I serving Republican majority leader in than not is able to defuse the situation, think, a very successful role in work- the Senate’s history. and sometimes disarm his opponents ing on arms control negotiations. Mr. President, Senator DOLE’s gov- with a quip or a flash of his wit which He also came to me—I think this is ernment career since he joined the leaves them laughing. probably not too well known in the Senate in 1968 is widely known and re- But, most of all, Mr. President, BOB Senate—and said that he was dis- spected. He has played a pivotal role in DOLE will be remembered in the Senate S6052 CONGRESSIONAL RECORD — SENATE June 11, 1996 as a man of his word. There is no great- from Dean Ostrum years after the cam- good humor who calls forth the better er compliment which one Senator can paign was over: angels of our nature. pay to another. ‘‘How long was my day? I don’t know, As President of the United States, he In this body, a Senator is only as but it wasn’t as long as BOB DOLE’s I’m will make America safe and sound for good, only as reliable, only as effective, sure of that.’’ us and our children. As President of as his or her word. Senator ROBERT Forty-four years later that state- the United States, he will help make DOLE has earned the respect of all who ment still rings true. No one I know the world safe for America. have served with him in this Senate. has ever outworked BOB DOLE. Mr. LUGAR. Mr. President, as BOB Mr. COHEN. Mr. President, there are One of the reasons I believe so DOLE leaves the U.S. Senate today, we few true heroes in this country, but one strongly in BOB DOLE’s candidacy is be- are participating in a celebration un- who has lived in our midst for many cause we share common views and val- like anything we have witnessed in the years is BOB DOLE, who has accom- ues. We believe that consensus and Senate for many years, and are un- plished so much in his life and is going compromise make for good govern- likely to see again in this century. The off to accomplish more. He was a hero ment. We believe that rigid ideas and abundant flow of affection in the midst in war who now and forever will bear hardened positions drive people apart of applause and tears are testimony to the scars of his service to his country. and lead to stalemate and paralysis. our recognition of BOB DOLE’s invest- And he is a hero in peace—a man who We believe in Ronald Reagan’s theory ment in the Senate, our recognition of can maneuver through the legislative of the big tent—that the Republican the hold his leadership has on our per- trenches with grace and daring, avoid- Party is a caring and compassionate ceptions of the Senate, and the mean- ing minefields and pitfalls, running the organization that welcomes people of ing of statesmanship, public service, gauntlet while dodging bomb blasts all backgrounds, a party that does not and patriotism. from his opponents. demean minorities by ridiculing their Senator BOB DOLE of Kansas was eas- He leaves us today to enter a new ancestry, a party that speaks of hope ily reelected to a fifth term in the U.S. battleground, where, I have no doubt, and promise and does not exploit fears Senate. After 8 years of service in the he will prevail with the same creativ- and anxieties. U.S. House of Representatives, he is in ity and tenacity that had made him We believe in a strong national de- his 28th year of Senate service. On such an able Senate leader. fense, that America cannot be the most days in the U.S. Senate and in BOB DOLE has the experience, the world’s policeman, but neither can we most battles, BOB DOLE has been the temperament, and the judgment to be afford to become a prisoner of world voice and the very visible, energetic President. He is a man of honor and events. Some want to walk away from leader of the Republican Party. courage who understands the workings the world, but BOB DOLE knows the BOB DOLE is the personification of of Government at the highest levels world won’t walk away from us. hard work, constructive intelligence, but has never lost his understanding of We believe that the best protection personal loyalty and the determination common men and women. That’s be- for American industry and workers is to succeed against all odds. cause he is a common man, who to open up our minds through edu- His life has been filled with honors through the sheer force of his intellect cation, training, and competition—not and recognition for significant achieve- and industry has reached uncommon by shutting down our ports. We believe ments. But perhaps the defining mo- heights. we must prevent illegal immigration ments of his life were those he spent on There are, of course, many stories but not punish those who seek the a mountainous Italian battlefield. that could be told to illustrate the blessings of America by complying The troops he led as an Army infan- spirit and fortitude that has brought with our laws. try lieutenant were exposed to deadly BOB DOLE to such heights, but two of BOB DOLE, like Ronald Reagan before enemy machine gun fire. He led the my favorites date to 1952, the year he him, has dedicated his life in public charge to eliminate the enemy em- was elected county attorney in Russell, service to tearing walls down around placement. He absorbed withering fire KS, and began his political career. the world and not putting them up which tore his body and almost ended One night after Bob was elected, a around America. his life. man named Huck Boyd was driving We also share a common belief that His heroism was recognized prompt- through Russell after midnight and for government to operate most effec- ly. But his ability to force feeling and saw the light still on at the county tively—or in this day and age some movement into his wounded body, to courthouse. Huck Boyd was editor of a might say to operate at all—it is nec- restore some hope that he could feed weekly newspaper and thought there essary for policymakers to understand himself, dress himself, and function as might be a break-in, so he pulled over that goals cannot always be achieved a working, contributing man, took to investigate. It turns out that BOB at once. Progress must often come in years of agonizing treatment, therapy, DOLE, the new county attorney, was small steps. BOB DOLE understands that and persistence beyond comprehension. still working at his desk. And it also principle better than most and he has BOB DOLE is intellectually and phys- turns out that Huck Boyd was Kansas’ the judgment, gleaned from years of ically tough because his very life and member of the Republican National experience, to know when those steps being have depended upon that tough- Committee, and was so impressed by can be taken safely—or when one more ness. But those same fateful experi- this hard-working young man that he step will send us hurtling over a dan- ences have undergirded his compas- started talking him up throughout gerous precipice. sionate championship of all handi- Kansas as a future political superstar. BOB DOLE understands that power capped Americans who have counted But the quote I like best comes from and responsibility must be returned to upon him to extend a strong hand back the story of the 1952 county attorney the States. We have a $5 trillion debt to pull them into the fullness of life in election itself. Two young men who that is gobbling up our children’s eco- America. had come back from World War II were nomic future, and we know we have to From his early days in Russell, KS, running—BOB DOLE and Dean Ostrum. slay this monster or it will surely slay BOB DOLE has understood the struggle Dean was a bright young man who had us. of many families to keep food on the enjoyed many of life’s advantages and The man who stood for so many years table. He has been the Senate cham- was the son of perhaps the best lawyer beside us in the Senate does not appear pion for thoughtful nutrition pro- in Russell. BOB DOLE didn’t have all to be wearing armor. But he is. It’s grams, including comprehensive the advantages of life, had seen more made of a composite stronger than knowledge about food stamp distribu- adversity in 29 years than most people anything that can be manufactured by tion and a host of food programs for see in a lifetime, and was the son of campaign strategists, pollsters, or the working poor of our country. Doran Dole who worked in a local spin-meisters. It’s made of a belief in I first met BOB DOLE when he was creamery. As the campaign wore on, God, country, family, honor, and duty. Chairman of our national party, and Bob outthought and outhustled his op- I have known BOB DOLE for more later as our Vice Presidential nominee ponent, won by 200 votes, and launched than 20 years as both a friend and a in 1976. In the days following that elec- his political career. The quote I like is leader. He is a man of good heart and tion, I called BOB DOLE to thank him June 11, 1996 CONGRESSIONAL RECORD — SENATE S6053 for his leadership and to ask for his called ‘‘Face Off.’’ We were usually, but but—more importantly—for the future help in fulfilling my first Senate cam- not always, facing in opposite direc- of America. A battle that will lose or paign pledge, namely, to seek a seat on tions on the issues, but Senator DOLE’s save America for the next generation; a the Agriculture Committee. Even at a intelligence and wit always shone battle to accomplish what all genera- time of his own personal discourage- through, and helped make the daily tions except ours have done before us— ment, he was characteristically helpful analyses both enlightening and enjoy- leave America a better place for our to me. I was seated at the end of the able. children and our grandchildren. minority side of the table as the most Often, even in the most contentious Mr. President, it is a battle that junior member. I have witnessed for 20 debates in the Senate, his excellent must be fought; a battle that must be years the mastery of BOB DOLE as a sense of humor was particularly effec- won. And I can think of no one better farm legislator. tive, and he used it skillfully to defuse to lead the mission than BOB DOLE. His energy level is astonishing. His the tensest moments. Mr. COATS. Mr. President, today capacity to entertain new ideas and his Now, Senator DOLE leaves the Senate Senator DOLE becomes citizen DOLE. He generous ability to boost other people with a record of many accomplish- has every right to be proud of that have strengthened my enthusiasm for ments that have served the Senate hard, courageous decision. We in the this remarkable Kansan. well, the Congress well, the State of Senate have every reason to be sorry He deserves the opportunity to serve Kansas well, and the people of America for it. our Nation as its President. The Nation well. Senator DOLE leaves a legacy of last- deserves his Presidency, which could be I join Senators on both sides of the ing influence. He led this body to his- a term of remarkable achievement aisle who have found it a great privi- toric accomplishments, including the based on his innate courage and wis- lege, a great honor, and a great edu- rescue of Social Security and the first dom, and his universal experience with cation to work with Senator DOLE over balanced budget in a generation. He led public persons and public issues. the years. We admire his leadership his party, 2 years ago, to historic vic- I will be one who strives to help him and statesmanship, and we value his tory. And now he has accepted one realize new dimensions of leadership, friendship. We respect him, and we will more opportunity to serve—one more because I have witnessed his integrity miss him very much in the months and chance to lead. and I have confidence in his judgment. years ahead. This is the common thread that runs For the moment, I believe it is most Mr. FRIST. Mr. President, I rise through an uncommon life—leadership. important simply to recognize that to today, as have my Senate colleagues, He has provided a definition of the applaud BOB DOLE is to applaud the vi- to pay tribute to the distinguished term. tally important concept that good peo- Senate majority leader, Senator ROB- Senator DOLE has mastered the art of ple arise in America to assume great ERT DOLE of Kansas. consensus. He knows when a break- responsibilities. Our country is strong- Mr. President, the great American through depends on one well-placed er because this Senator always saw his patriot Henry Clay, who also served as word. He knows how to cool tempers duty and inspired so many Americans a Member of the House and the Senate, and emphasize agreement. He knows to follow him. once said, ‘‘Of all the properties which how to turn the chaos of this process Mr. KENNEDY. Mr. President, I join belong to honorable men, not one is so into tangible achievements. These are in wishing the majority leader well— highly prized as that of character.’’ rare and important qualities. but not too well—as he takes his leave He was right. As imperfect beings, we But this is only half of the story. I of the Senate. all strive to cultivate virtuous quali- have seen another side of Senator He and I have differed on many occa- ties—we endeavor to be kind; we are DOLE’s leadership. He once put it this sions on many issues during the many mindful to be courteous; in trying way: times, we struggle to maintain a sense years we have served together. But we I believe there is a place for honest nego- have also been able to find many oppor- of humor, but character, as the fiery tiation in politics. It is an essential part of tunities to work well together on many turn-of-the-century evangelist, Dwight Democracy. Every political movement, and different issues of both foreign and do- L. Moody, once so bluntly defined it, every public official, however, must locate a mestic policy, and I have great respect ‘‘is what you are in the dark.’’ place where compromise ends—a core of con- for his ability as a Senator and Senate Character is not something one can viction where we keep our conscience. There leader. put on, like a new set of clothes. It is comes a time when even practical leaders Of course, I liked it better when he not something one trots out on special must refuse to bend or yield. was minority leader instead of major- occasions, like courtly manners. It is For Senator DOLE that core of con- ity leader. not something one can pretend to pos- viction is basic and clear, permanent In fact, we have worked closely on sess. Yet, despite its ethereal quality, and solid: safe streets, strong families, many significant issues over the years. character is unmistakably apparent. It military strength, fiscal responsibility, I think particularly of the Americans is the steady hand in times of crisis, a decent public culture. These commit- With Disabilities Act in recent years. the quiet voice in times of stress. It is ments are nothing new and everything Senator DOLE was a strong supporter courage in the face of adversity, important. They are rooted deeply in from the beginning. He stepped in early strength of purpose, when all else the soil of the midwest in the lessons of and often, and prevented many abra- seems to fail. It is a ‘‘property,’’ as a small town in his experiences of suf- sive confrontations on that bill. As a Henry Clay put it, whose value is be- fering and service. BOB DOLE under- result, it was enacted with broad bipar- yond measure, a characteristic no stands the secret strength of America, tisan support in Congress, and has be- amount of money can buy. because he embodies it. come one of Senator DOLE’s and Con- Mr. President, ROBERT DOLE is a man Senator DOLE understands that gress’ most notable achievements. of character. A man who has remained Americans value freedom and respon- Senator DOLE and I also worked well true to his convictions; a man unafraid sibility, but must still care for one an- together on other civil rights bills, on to defend his beliefs; a man who says other in times of crisis and need. He voting rights bills, on child nutrition what he thinks, and means what he understands the fears at the edge of legislation, and a range of other issues. says. He is a doer, not a talker; a fight- poverty, because he felt them in his In addition, we served together on the er, not an equivocator; a leader not a youth. He understands the price of lib- Senate Judiciary Committee for 6 dodger. erty, because he paid it himself. He years at the end of the 1970’s and the Today he leaves the U.S. Senate and fights strongly, because he believes beginning of the 1980’s, and I was con- the battlefield he’s loved so well for so deeply. We have come to depend on this sistently impressed with his day-to-day many years, the Senate floor. But he core of conviction, based on the lessons ability on the issues and his tireless goes not gentle into the good night. He of a life. energy and dedication. leaves on one last mission. He leaves to In his legislative career, Senator I also have many warm memories of engage perhaps the most important DOLE has displayed both elements of the daily radio debates we did together battle he will ever fight—a battle not true leadership: consensus and con- for 4 years in the 1980’s on our program just for the heart and soul of America, science, flexibility and firmness. He is S6054 CONGRESSIONAL RECORD — SENATE June 11, 1996 an example to all of us who work with travel whenever he could, wherever he ment reform to the supplemental secu- him—who follow him—who respect could, to bring the balanced budget rity income system. I could talk today him. Leaving the security of the Sen- crusade to Americans everywhere. of our work in shaping the direction of ate is just another example of the And last year, after our constitu- our Nation’s social policies, more re- moral courage we have come to know tional amendment fell one vote short, cently during a very intense debate the essence of leadership at the mo- and then again this year, he showed here last fall on a comprehensive wel- ment of testing. that the Senate could break with his- fare reform package. I was honored to T.S. Eliot wrote, ‘‘in my end is my tory and make history, could muster have been of assistance to him in man- beginning.’’ This is the end of a distin- enough courage, under his leadership, aging the floor discussion, and it was guished legislative career. It is the be- to actually produce a balanced budget. during this debate that Senator DOLE’s ginning of a new mission. That mission Citizen, Senator, Majority Leader guiding hand was once again exhibited takes Senator DOLE beyond this body, BOB DOLE has worked, fought, and spo- in maneuvering this body through one and we regret it. But I am convinced it ken to the Nation for the balanced of the more contentious and important will take him to the White House. Sen- budget amendment because he cares discussions of national policy. ator DOLE—citizen DOLE—has only about the future of our Nation; because As the youngest member of this begun his service to this Nation. he cares about our children, and what body, however, it is with a different Mr. CRAIG. Mr. President, I rise to kind of opportunity we leave for them; perspective that I would like to focus honor and remember our distinguished because he cares about having a coun- my remarks today. Many of BOB DOLE’s majority leader, our colleague, and our try that provides for the security of most significant experiences, espe- friend, BOB DOLE, as he prepares to our seniors and the best possible jobs cially his service in defending this leave the Senate. for our working men and women. country in World War II, largely pre- When you work with or around BOB Many, many aspects of BOB DOLE’s cede my 38 years. His 35 years of serv- DOLE, you soon realize: He has consist- life have demonstrated how much he ice and leadership in Congress roughly ent values and an unwavering commit- cares about people, especially the help- bridges the span of my life. And while ment to them. less, and about our country. I have only had the honor to serve He’s been in there fighting for a bal- Much has been said about his record under his direct leadership in the Sen- anced budget—not because of some as a war hero and his war injuries. And, ate for a year and a half, I have indi- green eyeshade interest in the num- of course, much has been said about his rectly benefited from BOB DOLE’s sac- bers, but because he knows its a moral public service. rifices, courage, and convictions for the issue. Unlike many in politics, he has not better part of my life. He’s been fighting for years, consist- just sympathized with people’s pain, he Today’s speeches have been filled ently, for a balanced budget constitu- has been there. with personal reflections, tributes to tional amendment because he under- Doctors first said he would not live service, and legislative and policy his- stands this is a principle of fundamen- because of his war injuries. Then they tories that all have been influenced by tal fairness, and he understands how said he would never walk again. the gentleman from Kansas. As moving the Constitution really works, protect- But he did much more than walk—he and genuine as these reflections have ing the basic rights of the people by soared on the wings of self-sacrifice been, time and history will truly cap- preventing the Government from abus- and service to others. ture and attest to the magnitude of ing its powers. Because of the values he learned Senator DOLE’s service and the impor- I’ve worked with BOB DOLE on other growing up in Russell, KS, because of tance of his departure. constitutional issues, from protection the lessons of life, he understands peo- Rapid change in the character and of second amendment rights to private ple and cares about people. makeup of both Chambers has marked property rights. This understanding has shown my 6-year service in the U.S. Congress. When Congress passes the 28th through in his leadership here in the Since my election in 1990, the U.S. Con- amendment—the balanced budget Senate, where he has been perceptive gress has experienced not only one of amendment—some time in the near fu- about the strengths of his colleagues the largest single year turnovers since ture, even though he will have left the and what things are important to the 1974 elections, but has also ushered Senate, it will be, in part, a monument them. in a historic change in the majority to Senator DOLE’s years of hard work. It has particularly struck me how he, parties of both houses. I remember many events, many bat- as leader, has always looked to match And in the midst of this profound tles, high points and defeats, as BOB those strengths and interests with the change, individuals like the Senator DOLE and I have worked together for tasks at hand to give his colleagues from Kansas have remained a stabiliz- the balanced budget amendment. leadership opportunities, and to ac- ing force to this institution. As it is far When I was in the House, in the early complish something good for the Na- too easy to get lost in the direction of 1980s, CHARLIE STENHOLM, a Democrat tion. our own careers, we must not allow from Texas, and I started CLUBB— The Senate will miss his leadership, ourselves to lose sense of those who Congressional Leaders United for a his dedication, his integrity, and how have shaped the institution of Congress Balanced Budget. he cares about people. and those who have left a lasting im- Pete Wilson was our Senate Co-Chair And in the coming months the Na- print on the direction of our Nation. and BOB DOLE was a charter member. tion will learn much more about those History will undoubtedly record Sen- When we met with taxpayer groups, qualities, and will call upon him for ator DOLE as one of those people. and stood on the steps of the Capitol one more heroic mission. As the longest serving majority lead- with mail bags full of hundreds of thou- Mr. SANTORUM. Mr. President, I er in the U.S. Senate, Senator DOLE sands of letters and petitions from rise today to join my colleagues in pay- possesses an instinctive ability to navi- Americans everywhere—BOB DOLE was ing tribute to the Senator from Kan- gate the Senate’s process of forced always there with us, promoting the sas. compromise. While at times during balanced budget amendment. The significance of this day should this session these abilities have served CLUBB worked with taxpayer groups not be diminished by reference to or as a source of personal consternation, I to schedule Members of Congress discussion of the gentleman’s future readily acknowledge that these are around the country to meet with local pursuits. They should more impor- qualities that a leader must exhibit to leaders, State legislatures, and others tantly reflect the tenure and service carry out the duties and responsibil- on behalf of the balanced budget that he has already given his State of ities of this Chamber. These are quali- amendment. Kansas, the office of majority leader, ties that a leader must espouse to I remember back to 1985–86 and how the institution of Congress, and this bridge the ideological differences that it impressed me that, here was the ma- country as a whole. manifest themselves in the direction of jority leader of the U.S. Senate, a man Mr. President, I remember my first our policies. busy with every issue before Congress— direct interaction with BOB DOLE in Clearly, the history and service of and he took the time and effort to 1993 as we crafted fundamental entitle- Senator DOLE’s 35 years in Congress is June 11, 1996 CONGRESSIONAL RECORD — SENATE S6055 an inspiration to all of us and a chal- legislator and now as leader—are the out him. To the contrary, he made it lenge as we, in his absence, try to fos- direct result of his strongly held con- happen. ter and maintain the integrity and di- victions, his forceful advocacy, his I was there. I so attest. It was Janu- rection of the institution of the Sen- skill at debate, and his respect and tol- ary 3, 1983. A new Congress was conven- ate. erance for other Senators’ views, per- ing. I had just been sworn in for a sec- The hallways of the Senate will long spectives, and experiences. ond term. This was agreeable enough, be filled with the images of Senator His native State of Kansas and the indeed, hugely so, but there was a DOLE’s presence and the echoes of his many noble causes he has championed cloud over the occasion. I had gone on trademark late night walks from this over the years have benefited from his to the Finance Committee in 1977 and Chamber, through the Vice President’s legislative skills. As his colleagues, we had worked on the Social Security lobby, and to the majority leaders of- know—and history will record—that he Amendments of that year, under the fice overlooking America’s Mall of has had an indelible influence on this superb leadership of Gaylord Nelson. monuments to this Nation—the view body, our Government, our people, and We had realized the actuarial troubles across what will now be known as the our times that will be felt well into the the Social Security Trust Fund would BOB DOLE balcony. next century. He will leave an imprint face with the curious demography of Mr. President, it is indeed a distinct deeper and stronger than few Senators the baby boom on the still-distant but honor to congratulate and thank the in history can rival. recognizable horizon. We put in place a Senator from Kansas for his service to Mr. President, some personal com- number of F.I.C.A. tax increases to pro- our country. I rise with the distinction ments on Senator DOLE are unavoid- vide for this. And thought our work of being a U.S. Senator from Penn- able at this moment. How could a Mid- was done. Then came the second oil sylvania and the honor of being a col- western-Kansas conservative from a shock and the great inflation of the league of the Senator from Kansas. I rural and agricultural State become late 1970’s. For the first time in our rise with the privilege of representing friends and have so much in common history price increases ran ahead of 12 million Pennsylvanians in the rich with an ethnic second-generation Ital- wage increases. The Trust Funds sank tradition and history of Senators Hugh ian from Long Island? to the point of approaching insolvency. Scott, John Heinz, and Harris Wofford, In BOB DOLE’s own words: In 1981, the new director of the Office of Management and Budget, David Stock- who have had the honor to serve with Al D’Amato and Bob Dole—at first glance Senator DOLE at this very desk before it seems like an unlikely friendship. One was man, warned the country to expect the me, and have been enriched by the raised on his mother’s pasta in the heart of ‘‘world’s largest bankruptcy’’ on a date shared service and experiences. But America’s largest city. And the other was certain in the near future. It wasn’t as most importantly, I rise as a personal raised on his mother’s fried chicken on the bad as that, but Robert J. Myers, the beneficiary of the Senator’s sacrifice, plains of rural Kansas. But when New York- former chief actuary, knew it was bad ers sent Al to the United States Senate in his service, his steadfastness, and his enough and he passed this on. Presi- 1980, it didn’t take me long to discover that dent Reagan called for and Congress wisdom. we had a great deal in common. In closing, Mr. President, I stand created a Commission on Social Secu- Both of us call them like we see them. rity Reform, headed by Alan Green- today with the privilege of speaking in Both of us believe in the neighborhood val- some small way for those Pennsylvania ues that made America great—values like span. We met all through 1982, but voices in sharing our blessing for the hard work and personal responsibility. Both could come to no agreement on what to continued strength, courage, and con- of us don’t give up without a fight. And both do. The year ended, the Commission of us have never forgotten from where we ended, an inconsequential report was viction in life’s pursuits for Mr. DOLE and his family. came. drafted. Mr. D’AMATO. Mr. President, I rise Mr. President, these insightful words But something had, in fact, hap- OB DOLE, a member of the for a final, heartfelt tribute to Senator are from BOB DOLE’s introduction to pened. B Commission, had listened. He always DOLE. my book. They reveal BOB DOLE’s basic In another unselfish act on behalf of decency, his solid foundations, and his listens, as Senators know. But this time he was listening to information his country, Senator DOLE will leave strong character. These are the quali- quite at odds with all he had ever the Senate where he has so well served ties that attract people to BOB DOLE heard. That Social Security was not a the people of Kansas in order to better and the reasons he is so admired. crazy New Deal Ponzi scheme certain serve the American people as our next Mr. President, as my dear friend, col- to go broke one day. That day being at President. league, and leader, BOB DOLE, departs hand. Which is what so many members Mr. President, by any definition, BOB the Senate to pursue the Presidency; of his party were willing to believe. No; DOLE is a great man—a man whose en- he leaves with my continued admira- he learned, largely from Myers, there tire life has been dedicated to serving tion and support. His unique and his- were difficulties but they could be re- his country with honor, with courage, toric journey has taken an unexpected solved and should be resolved. and with integrity. but necessary turn. With his beloved On that January 3 morning, Senator BOB DOLE is an American hero. He Elizabeth beside him in his quest for DOLE had an op-ed article in The New fought to defend this country during the Presidency, I know my friend has York Times. I ask unanimous consent times of war. And throughout his ca- made the right choice. Mr. President, the Senate will miss that it be reprinted in the RECORD. reer he has fought for policies to en- There being no objection, the edi- BOB DOLE and I will certainly miss my sure prosperity and security at home torial was ordered to be printed in the and peace around the world. friend. RECORD, as follows: Mr. President, BOB DOLE has re- Mr. MOYNIHAN. Mr. President, one [From the New York Times, Jan. 3, 1983] mained dedicated to the same causes of the stories BOB DOLE likes to tell in REAGAN’S FAITHFUL ALLIES and principles that led him into public speeches and interviews has to do with service over 40 years ago. He is a man the events in the first 2 weeks of 1983 (By Bob Dole) certain of his core values, and anchored when, quite literally, the Social Secu- WASHINGTON.—In this city, which makes rity system was saved. As with many history but prefers headlines, today’s hottest to his unwavering principles of service story is President Reagan’s problem with his to country, honoring individual free- tales told on political campaign trails, allies on Capitol Hill. But those who believe dom, and bettering the lives of every it is not one hundred percent accurate. that they see a divisive split between the American. We all recall that opening passage from President and Congressional Republicans ig- Mr. President, BOB DOLE represents Huckleberry Finn in which Huck tells nore Ronald Reagan’s many achievements, what’s right about America: integrity, us that we will recognize him from the misunderstand the role of Congress, and ex- courage, compassion, and patriotism. book about Tom Sawyer which was aggerate the tension between the Presidency Mr. President, it will be difficult to written by Mr. Mark Twain, ‘‘and he and Congress that has naturally existed since the Founding Fathers found room for imagine the Senate without BOB told the truth mainly.’’ both in the Constitution. DOLE’s strong presence and skillful Which BOB DOLE does. The only part It is important to understand that Presi- leadership. BOB DOLE’s monumental of the tale he leaves out is his own dents of both parties have always had dif- legislative achievements—first as a role. It could not have happened with- ferences with their friends on Capitol Hill. S6056 CONGRESSIONAL RECORD — SENATE June 11, 1996 Thomas Jefferson had to endure a Speaker of about present and future employment. Saturday, January 8, 9:30 a.m.: All-day the House who was not only a fellow Demo- Again, the trade issues provide Republicans confidential meeting at residence of James crat but his own son-in-law and who had the at both ends of Pennsylvania Avenue with Baker—also with Richard Darman. irritating habit of publicly charging mem- the potential to reach out to working people, Tuesday, January 11, 5:15 p.m.: Confiden- bers of the Jefferson Administration with to demonstrate not only verbal concern but tial meeting at Blair House. corrupt land speculation. practical solutions. Wednesday, January 12, 3:15 p.m.: Meeting Abraham Lincoln found his military deci- The nation’s headline writers like to call re Social Security at Blair House. sions criticized by his own party’s select President Reagan The Great Communicator. Friday, January 14, 10:30 a.m.: Meeting committee on the conduct of the war, and Historians, I’m convinced, will label him the with David Stockman, Richard Darman and his nascent plans for Reconstruction Great Reformer. It is his willingness to ques- Robert Myers in Senator Moynihan’s office. roadblocked by the so-called radical Repub- tion this city’s conventional (and costly) Saturday, January 15, 11:00 a.m.: All-day licans. wisdom that Republicans must emulate as meeting re Social Security at Blair House— Theodore Roosevelt’s pioneering efforts to we tackle priorities too pressing to put off. Agreement reached. regulate commerce and preserve the natural No one is more eager to extend the Reagan Monday, January 17, 7:10 a.m.: Senators splendors of the West ran counter to the revolution and to avoid political trench war- Dole and Moynihan, and James Baker inter- property-loving instincts of Republican leg- fare in the coming session than Congres- viewed on ABC ‘‘Good Morning America’’ re islators. sional Republicans. Social Security. Franklin Delano Roosevelt saw the wave of The atmosphere within which the new Con- Indeed, I have a handwritten note in his personal popularity crest in 1937, when gress convenes will be shaped by perceptions my Economist Diary, ‘‘Noon Jan. 3, disgruntled Democrats shot down his plan to that, in politics, are sometimes the equiva- 10:00 p.m., Jan. 15, 13 days.’’ pack the United States Supreme Court. lent of reality. And it is as a supporter of the Thirteen days that changed the world Lyndon B. Johnson failed to unite Demo- President’s objectives that I express concern for a good many Americans. They were crats behind the Vietnam war and, in the about perceptions of his program. Clearly, Dole days and should never be forgot- end, abdicated. So did Richard M. Nixon they will not be improved so long as the Con- when many of his strongest supporters made gress, public and news media discern an im- ten. clear their distaste for his handling of Wa- balance between human needs and military Mr. KERRY. Mr. President, though I tergate. Earlier still, Mr. Nixon watched as hardware. When the Constitution mandated cannot join my Republican colleagues two Supreme Court nominees were torpedoed the Federal Government to provide for the in wishing Senator DOLE success in his by Republican Senators. general welfare, it said nothing about the next endeavor, I join with Senator Jimmy Carter’s term was rendered all but generals’ welfare. DASCHLE and all of my colleagues in irrelevant by Democrats of the Kennedy The problem of perception might also be wishing the distinguished majority stripe. Now, after two years of remarkable improved by a closer partnership between leader and his wife and daughter good leadership, the equal of anything seen in this the White House and its natural allies on city since the heyday of Lyndon Johnson’s Capitol Hill. A modest but useful first step health and every happiness in the fu- Great Society, it has become fashionable to would be more frequent and constructive ture. To leave his beloved institution claim that Ronald Reagan’s mastery over give-and-take sessions with G.O.P. leaders. after such a long and illustrious public Congress has become frayed and that his op- For we, no less than his own department service career—for whatever reason— tions for future guidance have narrowed to Secretaries and other personnel, belong to is, I am sure, difficult, but there is no little more than graceful acquiescence. the President’s official family. And we, no greater reward than the legacy of hon- Much of this is the product of journalistic less than they, wish the next two years to be boredom or perhaps, Democratic wishful orable public service. as successful as the last two. Though we may not have agreed on thinking. Those interested in the sounds of Certainly, tackling Social Security and genuine partisan division ought to pitch trade issues will engender controversy. But many issues in the time we have served their hearing to the tunes of Mondale and the alternative is momentum surrendered together in this body, there is one in Glenn and Hart and Hollings and Askew and and an anxious public disillusioned. This particular we agreed on and we worked Cranston. President has always insisted that purely po- together to make it happen. The What’s more, those now debating respon- litical considerations will not affect his Brockton, MA Little League became a sibility for next year’s agenda all too easily judgment. That is one more reason why he is national model for the establishment overlook Ronald Reagan’s achievement in free to propose and achieve reforms on a his- of a challenge division for little setting the decade’s agenda. They forget that toric scale. By doing so, he insures that he leaguers with disabilities, thanks to the President has already engineered a major will not have to wait for history to express shift in relations between the individual and gratitude. the efforts of Senator DOLE. He is a fel- his Government. And, in their own pre- Those who say that the bloom is off the low veteran and a man of proven per- occupation with current headlines, they ob- rose for Ronald Reagan forget that the rose sonal courage and deep political con- scure a personal history of political re- is a perennial. With a little imaginative gar- viction. He has been an integral part of sourcefulness and a gift for compromise fa- dening now, it will blossom handsomely in the history of this institution and he miliar to anyone who has examined Ronald 1984. will be missed. Reagan’s Governorship in California. Mr. MOYNIHAN. Mr. President, note Whatever our politics, whatever our So, before Republicans start believing the that paragraph about Social Security. fashionable theory of a White House-Capitol philosophy of Government, this Nation, Hill split, we ought to remind ourselves that ‘‘. . . The system can be saved.’’ the democratic process, and the U.S. we are led by a persuasive chief executive, I had read it. I went up to Senator Senate are well served by those who that we enjoy strong, experienced leadership DOLE on the floor and said, ‘‘Bob, if you have both the courage to survive in both houses of Congress and that the is- think that, and I think you are right, against the odds in the face of extraor- sues confronting us present as much oppor- oughtn’t we give it one more try?’’ He dinary personal hardship, and the com- tunity as peril. asked me if I could meet with him the mon sense to seek reasonable com- Social Security is a case in point. With 116 next day. Both of us were planning va- promise for the survival of the Nation. million workers supporting it and 36 million cations, but this came first. At 4 beneficiaries relying on it, Social Security The distinguished majority leader’s life overwhelms every other domestic priority. o’clock next, Tuesday, January 4, we has indeed been one of personal cour- Through a combination of relatively modest met in his office. I give you now the age and political compromise. His steps, including some acceleration of already events of the next 13 days. They are record of public service speaks for it- scheduled taxes and some reduction in the written from my daily schedule, but self, and as he leaves here today, we rate of future benefit increases, the system think Bob DOLE all along. wish him well. As colleagues, we must can be saved. When it is, much of the credit, Tuesday, January 4, 1983, 4:30 p.m.: Sen- put politics aside for a moment, re- rightfully, will belong to this President and ators Dole and Moynihan meet with Robert his party. member the man and his career, and J. Myers re Social Security. say to the distinguished major leader: Similarly, the mashed-potato circuit Wednesday, January 5, 2:00 p.m.: Senator echoes to the plaintive cries of born-again Moynihan meets privately with Alan Green- Thank you for the lesson in service and protectionists who address the symptoms span, Congressman Conable and Robert J. democracy that you have given us. and not the illness plaguing our economy. Myers re Social Security. ‘‘THE MEASURE OF A MAN’’ Whether through local-content legislation or 4:30 p.m.: Meeting at James Baker’s resi- Mr. NICKLES. Mr. President, today export subsidies, they would scuttle free dence with Senator Dole, Cong. Conable, we recognize the departure of a great trade and risk a global war, with tariffs and Robert J. Myers and Alan Greenspan. friend and colleague, Majority Leader other trade barriers as lethal weapons. Friday, January 7, 8:30 a.m.: Meeting at Wrong as they may be in their prescription, Blair House re Social Security. ROBERT DOLE, from the U.S. Senate. In these new economic isolationists have struck 2:30 p.m.: Senators Dole and Moynihan honor of his departure, I ask unani- a responsive chord in a nation deeply worried meet with Robert J. Myers. mous consent to have printed in the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6057

RECORD a poem by Albert Caswell, a ORDER OF PROCEDURE plain speaker and not one for flowery longtime guide for the U.S. Capitol, Mr. LOTT. Mr. President, for the in- oratory. He believes in what he says. which pays tribute Majority Leader formation of all Senators, we are hop- He means what he says. He does not try ROBERT DOLE. ing that the Senate can momentarily to be everything to everybody. He There being no objection, the poem begin debate on the budget resolution stands for a few important principles— was ordered to be printed in the and conference report. All interested not everything. RECORD, as follows: Senators, interested in coming to de- Senator DOLE is honest and he is very THE MEASURE OF A MAN bate the budget conference report, are straightforward. He is loyal. He is a (By Albert Caswell) encouraged to do so this afternoon. doer and he is not a talker. His values What is the measure of a man? Hopefully, we will have an agreement are constant; they do not change from Today, high atop the Senate we sit and un- here momentarily where we can get day to day. He knows who he is, where derstand. started. I know the distinguished Sen- he comes from, where he wants to go, What is the measure of a man? ator from Nebraska is ready to begin and his word is his honor. He is a man It’s not power, wealth, or looks, but how we the discussion. I know the chairman of who chose sacrifice over self, finding conduct our lives. the Budget Committee is going to be strength at an age when others sought This alone, is what put us in the record here momentarily. We hope to go ahead the leisure of self-expression. books. Briefly, BOB DOLE is a man of cour- What is the measure of a man? and start discussing this very impor- tant conference report. age, a man of character, a man of in- In the Senate this day, comes a great leader tegrity. These measures of the man are of character and class, It is our intention to adjourn this evening, if we can get an agreement what sets Bob DOLE apart and what has Who climbed every mountain the Lord put in led his colleagues in the Senate to en- his path. worked out, at a relatively early hour, What is the measure of a man? 7:30 perhaps, or earlier, if no further trust him with leadership time after Senators would be seeking time to de- time. For against all odds, time and again, his It will be these same characteristics back to the wall, bate on the floor at that time. We do One Robert Dole, heart of a lion, has always not anticipate any further rollcall that will distinguish for the American stood tall. votes occurring during the remainder people who they should trust to lead What is the measure of a man? of today’s session. We expect that there them in the years ahead. While it may Yet for all his strength and all his glory, will be a rollcall vote at some time to be easy for others to constantly change His warmth, kindness, and humor tell the be determined on Wednesday. The two what they stand for in order to distin- story. leaders will be talking with the rank- guish themselves on the issues, char- What is the measure of a man? ing members on the Budget Committee acter, courage, and integrity are not He walks in, stillness in the gallery, listen to get a time specific. mantles of convenience. They cannot closely, hear the silent tears. As soon as we get final approval, we be adopted at will, converted by choice, Historians and friends sadly know, a man of or otherwise assumed. They are bed- his stature will not come our way for will ask consent to go ahead and begin that debate. rock principles. many years. They are like a fingerprint, intracta- What is the measure of a man? Mr. President, I suggest the absence of a quorum. bly a part of you, easy to trace and dif- For on this day, June 11, 1996, Robert Dole ficult to fake. gives up his greatest love of all, The PRESIDING OFFICER. The Over the next few months it will be To answer our nation’s cry for leadership, he clerk will call the roll. for the American people to ask the hears the call. The assistant legislative clerk pro- same question that the Senate has, Today, we see and understand, ceeded to call the roll. who do they trust to lead this Nation? What is truly the measure of a man. Mr. SHELBY. Mr. President, I ask I believe the answer will be the same Mr. President, I suggest the absence unanimous consent that the order for ultimately. It will be Senator DOLE. of a quorum. the quorum call be rescinded. Mr. President, I suggest the absence The PRESIDING OFFICER. The The PRESIDING OFFICER. Without of a quorum. clerk will call the roll. objection, it is so ordered. The assistant legislative clerk pro- The PRESIDING OFFICER. The ceeded to call the roll. f clerk will call the roll. Mr. LOTT. Mr. President, I ask unan- TRIBUTE TO SENATOR ROBERT The legislative clerk proceeded to imous consent that the order for the DOLE call the roll. quorum call be rescinded. Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. Without Mr. SHELBY. Mr. President, today unanimous consent that the order for objection, it is so ordered. has been a very interesting day for our the quorum call be rescinded. former leader, BOB DOLE. While the The PRESIDING OFFICER. Without f U.S. Senate suffers what I believe is a objection, it is so ordered. tremendous loss today with the depar- Mr. DOMENICI. Mr. President, we ture of the majority leader, Senator will shortly be moving to the budget UNANIMOUS-CONSENT REQUEST— ROBERT DOLE, I can tell you it is a resolution, but I understand the Sen- H. CON. RES. 178 great day for America. I believe that. ator desires to speak up to 5 minutes as Mr. LOTT. Mr. President, I ask unan- For, while Senator DOLE leaves behind in morning business on a statement re- imous consent that debate now begin a legacy of extraordinary leadership garding Senator DOLE. on the conference report to accompany and commitment to this institution, Mr. DEWINE. That is correct. It the current budget resolution, House his departure promises the American could be 7 minutes. Concurrent Resolution 178, and that people a much more important com- Mr. DOMENICI. I ask unanimous once the Senate receives the con- mitment to this country. But, perhaps consent that he be granted 7 minutes ference report, it be considered as hav- more important, his departure gives as in morning business. ing been read and all time consumed be the American people a better oppor- The PRESIDING OFFICER. Without considered used as part of the statu- tunity to learn more about a man that objection, it is so ordered. The Senator tory 10-hour time limit. I and many of my colleagues greatly from Ohio is recognized. The PRESIDING OFFICER. Is there admire and have come to know. So I f objection? Without objection, it is so would like to spend just a few minutes ordered. to describe the man that I have come A LEGISLATIVE GIANT Mr. LOTT. Mr. President, I ask unan- to know, with whom I have worked, Mr. DEWINE. Mr. President, I thank imous consent that request be vitiated. and I hope the American people will my colleague from New Mexico. On be- We need to get one final clearance on come to know over the next few half of the people of Ohio, I join all my that. months. colleagues in paying tribute to a legis- The PRESIDING OFFICER. Without BOB DOLE, Senator DOLE, is a man of lative giant who left the stage of the objection, it is so ordered. his word. You can trust him. He is a U.S. Senate just a few moments ago. S6058 CONGRESSIONAL RECORD — SENATE June 11, 1996

The BOB DOLE America saw earlier reform bill to this Senate and could The President who comes to mind today is a person we all in the Senate have gotten 87 votes. What an achieve- who reminds me the most of BOB DOLE know: A man of character, a man of in- ment—what an achievement. in some ways is Franklin Roosevelt, tegrity and a man of utter devotion to BOB DOLE was able to deal with the who also faced physical disability with the future of this country. Governors, trying to put that together, silent courage. Like Roosevelt, BOB It is strange in politics, it is really certainly no easy task, and the Senate, DOLE’s identity and his understanding an oddity in politics that a person’s equally difficult. And he put together a of life were forged by pain. When Sen- public image sometimes differs from fair and balanced welfare reform meas- ator DOLE made the historic announce- his or her true qualities. That some- ure. He was able to accomplish this ment last month that he would leave times is the case with BOB DOLE. amazing feat, because he never lost the Senate, the room was very crowd- I have watched some of his press con- sight of the need to ultimately reform ed. It was so crowded that where I was, ferences earlier in the campaign and a system that has long failed the peo- I could not see the expression on his particularly read some of the earlier ple it was intended to help. face as he made the speech, but I could Mr. President, here is a man who is stories and newspaper articles about hear the emotion in his voice. BOB capable of making tough decisions and him. When I did that, I realized there DOLE has the two seemingly opposite right decisions. As he pointed out in was something missing, that this real- qualities of toughness and compassion. his speech earlier today, the Senate is ly was not the BOB DOLE that I have He had to be tough to leave the Senate. not like the House of Representatives. seen for the last 18 months. Most people do not leave voluntarily The BOB DOLE that I have seen was The Senate leader has fewer tools to control the Senate than the House after spending a lifetime to get here. the real Bob DOLE, the individual, the But he showed his more emotional side, leader, the war hero, the consensus Speaker possesses in the House. The Senate leader rules—not rules—really too, when he made his announcement. builder and a man of enormous compas- His voice quivered during his an- sion. In listening to his speech earlier leads by consensus. He cannot dictate, he must lead, and I have seen, as we all nouncement, not an easy public display today on this floor, I did see those for him, and he was even more emo- have in this Chamber, BOB DOLE lead. qualities clearly on public display, as I have been to more than one meet- tional when he broke up during an ear- did the American people. This is BOB ing with Senators, and Senators only, lier private meeting with us. DOLE, many times a man of few words, where a Senator complained that he or But as difficult as this decision was but a man who shows tremendous char- she had not been consulted on an issue for him, I believe he will find it liberat- acter and leadership in his actions. or had some other complaint to the ing to have left the Senate. I recall my Upon joining the Senate a little over leader, Senator DOLE, about how things own decision to make a second run for a year ago, I became a BOB DOLE were going, what he had done, not the Senate after losing the first time. I watcher. I had the opportunity as a done. I had seen BOB DOLE look at realized at that point that if I lost the Member of the House for 8 years to them, as only BOB DOLE can, and say, second bid that my political career was watch him from afar, but I have had ‘‘Well, if you want someone else to over. If I lose this race, what happens? the opportunity now for a little over a lead, if you want someone else to be a The same is now true for BOB DOLE who year to see him up close and watch how leader, that’s fine, but you elected me said he has ‘‘nowhere to go but the he operates and watch how he gets to lead. As long as I am the leader, I in- White House or home.’’ things done. I have seen him, as we all tend to do just that.’’ And that was the BOB DOLE had fixed in his own mind have, preside over four different meet- end of the conversation. That is BOB that his time as majority leader had ings at once, moving from room to DOLE. That is leadership. passed and that the time had come for room to room and never lose track of But, Mr. President, my admiration another challenge. Once he made the what is going on. for BOB DOLE goes far beyond his abil- mental leap from the Senate Chamber, BOB DOLE is someone who keeps in ity as a majority leader. It is personal it was time to act. mind the big picture. I think the ma- as well. BOB DOLE has the insight born This is the real BOB DOLE. And as he jority leader of the U.S. Senate always of someone who suffered an enormous said goodbye to us then and again has to keep the big picture in mind. and unexpected tragedy. He was a star today, his friends and coworkers, BOB Yes, he has to understand details, he athlete who went off to war and came DOLE looked like a leader. He looked has to understand the nuances of legis- back with crippling injuries. This is like a President. lation, how you get bills passed, but he not campaign hype of anything. Sen- Mr. President, I, like the rest of my also has to keep in mind the big pic- ator DOLE would rather downplay, and colleagues, will always remember the ture: That you have to ultimately get always has throughout his life, the demeanor and courage of this great the job done, that you ultimately have struggles that he encountered when he statesman as he said farewell to the to get the bill passed, that you ulti- came back and what he had to go U.S. Senate. mately have to get things to happen. through when he came back from Mr. President, I yield the floor and This is the BOB DOLE I saw earlier World War II. He would rather down- suggest the absence of a quorum. today. Earlier today, BOB DOLE told play what he struggles with every day, The PRESIDING OFFICER (Mr. how he and Senator MOYNIHAN and oth- since he was literally blown apart in THOMPSON). The clerk will call the roll. ers made the last, brave attempt to re- World War II. Mr. DOMENICI. Mr. President, I ask form Social Security in 1983, with the We all expect in life to lose our par- unanimous consent that the order for result that Social Security is safe for ents, even a spouse. Certain things you the quorum call be rescinded. another generation. expect to happen, but there are other The PRESIDING OFFICER. Without That leadership ability is still there. defining tragedies that go beyond the objection, it is so ordered. I had the opportunity to see that normal course of events, that go be- f many, many times in the last year, yond what we are taught to expect. I year and a half, but my favorite exam- have thought about this often since CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR ple that I use to illustrate BOB DOLE’s suffering the loss of our daughter, leadership is the welfare reform bill Becky. I, too, am also very reticent to 1997—CONFERENCE REPORT that we passed. Unfortunately, the talk about such a deep and personal Mr. DOMENICI. Mr. President, I be- President ultimately vetoed the wel- tragedy, but I cannot help but admire lieve we have now reached an agree- fare bill, but the bill we passed in the the way BOB DOLE has worked through ment with reference to how we will Senate, BOB DOLE was able to get 87 his own suffering. He understands daily handle this conference report in terms votes for. pain, and I take great comfort from of timing and the vote. I will proceed I do not think anyone in this Cham- seeing this in him. He understands that with a unanimous-consent request. I ber, anyone in this country, none of the life is not fair. Through dealing with ask unanimous consent that debate political experts a year ago, a year and pain, he has learned to understand now begin on the conference report 104– a half ago, if we had been talking about himself, and these, Mr. President, are 612 to accompany the concurrent budg- welfare reform, would have thought not bad qualities to have in a leader or et resolution, House Concurrent Reso- BOB DOLE could have brought a welfare in a President. lution 178, and once the Senate receives June 11, 1996 CONGRESSIONAL RECORD — SENATE S6059 the conference report, it be considered Mr. EXON. Mr. President, I just want Corrections to section 103(b) of H. Con. as having been read. to clarify, I understood you said we Res. 178: The PRESIDING OFFICER. Without would vote by 3:30 tomorrow if it is Outlays Fiscal year: objection, it is so ordered. here; is that right? Mr. DOMENICI. Yes. 1997 ...... $310,400,000,000 Mr. DOMENICI. I further ask if the Mr. EXON. That would be Wednes- 1998 ...... 323,000,000,000 Senate has received the papers by 3:30 day. If we do not vote then, we vote 1999 ...... 335,900,000,000 p.m. on Wednesday, June 12, then the when? 2000 ...... 349,300,000,000 Senate proceed to vote on adoption of Mr. DOMENICI. I said if the papers 2001 ...... 363,900,000,000 the conference report at that time. I are not here, we cannot vote tomorrow 2002 ...... 378,800,000,000 further ask if the Senate has not re- by 3:30; then we will vote on the follow- Mr. DOMENICI. Now, Mr. President, ceived the papers by that time, then ing day, which is Thursday, at a time Senator EXON has cleared this, too. the vote occur on Thursday, June 13, at to be determined by the majority lead- There are a number of errors contained a time to be determined by the major- er in consultation with the minority. in the statement of managers which ac- ity leader after consultation with the Mr. EXON. We have no objection. company House Concurrent Resolution Democratic leader. Mr. DOMENICI. Mr. President, there 178 with respect to the tables display- The PRESIDING OFFICER. Without is a unanimous-consent request I want ing the budget authority and the out- objection, it is so ordered. to make that has been cleared with the lay allocations to the committees of Mr. DOMENICI. For the information other side. There is an error in section the Senate for purposes of section of all Senators, the Senate will now 103(b) of House Concurrent Resolution 302(a) of the Budget Act. I, therefore, 178 with respect to the levels of outlays begin debate on the budget. All Sen- ask unanimous consent that the cor- in the Social Security Program. There- ators interested in debating the budget rect tables be printed in the RECORD at fore, I ask unanimous consent that the conference report are urged to speak this point. These tables will be consid- correct levels be printed in the RECORD this afternoon. ered to be the allocations to the com- at this point and they be deemed the It is the intention of the leadership appropriate levels for the purposes of mittees for the purposes of enforce- to adjourn the Senate at approxi- enforcement of this budget resolution ment of this budget resolution and the mately 7:30 p.m. this evening or earlier and the Congressional Budget Act. Congressional Budget Act. if no further Senators are seeking floor I send a copy of the appropriate lev- I send a copy of the correct tables to for debate. Therefore, no rollcall votes els to the desk and ask that it be print- the desk and ask unanimous consent will occur during the remainder of to- ed in the RECORD. they be printed in the RECORD. day’s session. The next rollcall vote There being no objection, the mate- There being no objection, the mate- will occur at 3:30 p.m., on Wednesday, rial was ordered to be printed in the rial was ordered to be printed in the June 12. RECORD, as follows: RECORD, as follows: SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT FOR FISCAL YEAR 1997 [In millions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations Budget authority Outlays Budget authority Outlays

Appropriations ...... 791,195 832,273 ...... Appropriations (Violent Crime Trust Fund) ...... 4,683 3,073 ...... Agriculture, Nutrition, and Forestry ...... 6,017 2,990 10,068 8,492 Armed Services ...... 40,058 39,929 ...... Banking, Housing, and Urban Affairs ...... 5,881 ¥9,017 ...... Commerce, Science, and Transportation ...... 7,429 4,799 605 602 Energy and Natural Resources ...... 143 222 52 54 Environment and Public Works ...... 23,969 3,201 ...... Finance ...... 627,429 624,564 130,818 130,886 Foreign Relations ...... 11,429 12,859 ...... Governmental Affairs ...... 54,093 53,017 ...... Judiciary ...... 2,429 2,373 239 238 Labor and Human Resources ...... 5,534 5,009 1,412 1,412 Rules and Administration ...... 95 25 ...... Veterans’ Affairs ...... 1,309 1,456 19,688 19,731 Small Business ...... 3 ¥296 ...... Select Indian Affairs ...... 392 362 ...... Select Intelligence ...... Not allocated to committees ...... ¥267,328 ¥265,828 ...... Total ...... 1,314,760 1,311,011 162,882 161,415

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT FIVE-YEAR TOTAL: 1997–2001 [In millions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations Budget authority Outlays Budget authority Outlays

Agriculture, Nutrition, and Forestry ...... 17,361 2,652 81,443 48,025 Armed Services ...... 223,276 222,626 ...... Banking, Housing, and Urban Affairs ...... 35,375 ¥18,628 ...... Commerce, Science, and Transportation ...... 31,876 18,051 3,352 3,334 Energy and Natural Resources ...... 5,219 5,067 252 276 Environment and Public Works ...... 128,545 10,883 ...... Finance ...... 3,282,774 3,268,828 776,267 776,549 Foreign Relations ...... 50,945 56,772 ...... Governmental Affairs ...... 294,435 288,737 ...... Judiciary ...... 19,705 19,386 1,257 1,254 Labor and Human Resources ...... 30,605 28,251 7,499 7,499 Rules and Administration ...... 486 402 ...... Veterans’ Affairs ...... 2,552 3,908 103,415 103,285 Small Business ...... 9 ¥1,264 ...... Select Indian Affairs ...... 1,965 1,832 ...... Select Intelligence ...... 2 ......

Mr. DOMENICI. Mr. President, there sent that the following corrections to desk in compliance with that request are some additional errors within the the statement of managers be printed and ask unanimous consent they be narrative of the statement of man- in the RECORD at this point. I send an printed in the RECORD. agers. I therefore ask unanimous con- attachment, along with a table, to the S6060 CONGRESSIONAL RECORD — SENATE June 11, 1996 There being no objection, the mate- (2) On page 59, for function 370, Commerce to include the levels from the Violent Crime rial was ordered to be printed in the and Housing Credit, the 1997 budget author- Reduction Trust Fund. Section 301 of the ity figure should be $3,092 million; the 1997 RECORD, as follows: budget resolution establishes a cap on non- outlay figure should be $2,990 million; the defense discretionary spending, which in- size-year budget authority total should be Corrections to the text of the joint explan- cludes spending from the Crime Fund. The atory statement in H. Rpt. 104–612: $17,789 million; the six-year outlay total should be $16,879 million. following table includes funding from the (1) On page 58, for function 150, Inter- (3) On page 88, the table includes the incor- Crime Fund and provides the correct levels national Affairs, the 1997 budget authority rect levels for nondefense discretionary for nondefense and total discretionary spend- figure should be $131 million. budget authority and outlays because it fails ing. DEFENSE/NONDEFENSE LIMITS [In millions of dollars]

1997 1998 1999 2000 2001 2002

Defense: Budget authority ...... 266,362 268,971 271,500 274,024 276,672 279,459 Outlays ...... 264,968 263,862 267,048 270,657 269,744 269,608 General Purpose Nondefense: Budget authority ...... 226,305 219,646 213,718 218,515 214,445 221,133 Outlays ...... 270,571 258,492 252,981 248,847 246,479 244,611 Violent Crime Reduction Trust fund: Budget authority ...... 4,683 5,100 6,050 6,050 ...... Outlays ...... 3,073 4,664 5,456 5,747 ...... Subtotal Nondefense: Budget authority ...... 230,988 224,746 219,768 224,565 214,445 221,133 Outlays ...... 273,644 263,093 258,437 254,594 246,479 244,611 Total Discretionary: Budget authority ...... 497,350 493,717 491,268 498,589 491,117 500,592 Outlays ...... 538,612 526,955 525,485 525,251 516,223 514,219

Mr. DOMENICI. There are some Sen- TRIBUTE TO SENATOR BOB DOLE the credentials, all of the experience, ators who want to be heard on the Dole Mr. KEMPTHORNE. Mr. President, 15 but who do have a passion to get some- departure, but I believe I have used months ago I told BOB DOLE I would en- thing positive done. enough time. thusiastically support his quest for the He transfers his belief in a person so I will yield to you, Senator EXON, if Presidency of the United States. We that that person will not ever want to you would like to open now, at your see in his quest for the Presidency that let BOB DOLE down. I believe that is convenience. he now has left the Senate of the what he will do for all of America. He will tap that spirit in others and help Mr. EXON. I say to my friend and United States. I think all of us have so many emotions that we are feeling them to reach new heights. It is one colleague from New Mexico, the Sen- thing to have the ability to do some- ator on this side has been trying to ac- today. I know the Nation, the Senate, and I would regret the day when the thing yourself, as BOB DOLE has that commodate Democratic Senators who great ability, but it is a greater clerk would call the roll and the name wanted to speak on the budget. I had a achievement to instill in others that of BOB DOLE would no longer be called. Senator scheduled for 4:30. I set him same can-do spirit and then go and do That day has now arrived. back to 5 o’clock. I thought we had it. But you must have someone who be- agreed, and I used time in the 1 hour, It would be easy to dwell on the truth that the Senate will lose a man that lieves in you. for salutes to Senator DOLE. BOB DOLE believes in people. BOB history will hold in a place of great All I am saying is it is very difficult DOLE believes in America. He instills in honor. Rather, I think it is more im- for me to schedule speakers on the others that desire to reach within portant that we celebrate BOB DOLE’s yourself and to do something great. It matter at hand if we keep setting these victories, his leadership, his humor, is a high honor to be elected by your things back. I wish to accommodate all and his ability to get things done. fellow citizens to serve in the U.S. Sen- Senators. When you accommodate one Mr. President, I want to discuss for a ate. To then have been able to serve Senator, you ‘‘disaccommodate’’ some- moment, then, a personal experience while BOB DOLE was here magnifies one else. that I had with Senator DOLE. It was How many speakers do we have that that honor. with great pride and honor when Sen- When we had the debate on Senate wish to speak on the Dole matter? ator DOLE designated my legislation to bill 1, Senator ROBERT C. BYRD de- stop unfunded Federal mandates, S. 1. Mr. DOMENICI. Mr. President, Sen- scribed the new majority leader, BOB As we all know, the significance, of ator HATFIELD has indicated he wants DOLE, to his Democratic colleagues by to speak for 3 minutes, 10 minutes for course, is that this denotes a majority saying, ‘‘The leader over there is Senator KEMPTHORNE, and 5 minutes leader’s stamp of approval in his prior- tough. Wait and see. He will use the for Senator COVERDELL. ity on legislation. A majority leader rules on me, and I respect that, and I I will yield them my 18 minutes as if does not want his bill that he has des- admire that.’’ I were making an opening statement, ignated ‘‘No. 1’’ to fail. Well, yes, BOB DOLE is tough. He is and that will be the end of my opening Having said that, it is all the more tough, but he is also wise. When duty statement. Then it will be your turn, remarkable that he chose my legisla- calls for him to be bipartisan, the man and you can yield to some Democrat tion because I had only been here 2 knows how to be bipartisan. But he Senators after that. years. I had no track record. It would also knows when it is time to be par- have been far safer for Senator DOLE to tisan, and he can be partisan. He is Mr. President, I yield to Senator choose some of the seasoned veteran MARK HATFIELD 3 minutes, I yield 10 tireless. How many times have we been Senators, such as Senator DOMENICI, minutes to Senator KEMPTHORNE, and I here on the floor of the U.S. Senate at Senator ROTH, or Senator HATFIELD, to midnight, and many of us are starting yield 5 minutes to Senator COVERDELL. carry this type of legislation. Not only to find that our energies are sagging, I yield in that order at this point. Then did he choose my legislation, but he I will be gone from the floor. When and there is BOB DOLE, crisp, with his then designated me to be the floor humor that props us up, keeps us they finish, we will return to Senator manager, a responsibility I had never, going. There is BOB DOLE, who has a so- EXON. ever done before. lution. Mr. HATFIELD. Mr. President, I am I say this not in any way to somehow I am going to miss hearing BOB DOLE happy to yield to the Senator from bring attention to myself, because I telling Senators to work it out, work it Idaho who was on the floor before me. say this with all humility, to make it out, work it out. If it could not be I will follow the Senator from Idaho. I clear that BOB DOLE was not taking the worked out, he would always say, ‘‘Do ask unanimous consent for that. normal course of action. It was indic- you have the votes? Let us vote.’’ For Mr. KEMPTHORNE. I thank the Sen- ative of his leadership of reaching out my part, BOB DOLE taught me the im- ator from Oregon for his courtesy. to others who may not have had all of portance of working with and listening June 11, 1996 CONGRESSIONAL RECORD — SENATE S6061 to all Senators and of seeking solutions So, in 1968, he joined the ranks of this those in wishing him a safe journey that do not abandon principle. I want body, and in 1996 he leaves. I shall not and Godspeed. my children, Heather and Jeff, to learn wish him a happy retirement, for no Mr. President, I yield the floor and from BOB DOLE that they can overcome matter what lies ahead, he will not re- suggest the absence of a quorum. any adversity—any adversity that tire. I expect his service will always Mr. DOMENICI. Mr. President, I ask comes their way. I cannot think of a continue. I wish him well. Antoinette that the time be charged equally. Sen- more honorable man that I would en- and I both pray that BOB and Eliza- ator EXON will be right along. He is trust the future of my children to. beth’s future will be strewn with God’s going to speak next. Finally, a word to Elizabeth and BOB blessing. The PRESIDING OFFICER. Without DOLE. I hope you leave the Senate with Mr. President, I yield the floor. objection, it is so ordered. a deep and abiding satisfaction of mis- Mr. COVERDELL addressed the The clerk will call the roll. sion accomplished, job well done. My Chair. The legislative clerk proceeded to wife Patricia and I will keep you in our The PRESIDING OFFICER. The Sen- call the roll. prayers in the coming months, and we ator from Georgia. Mr. EXON. Mr. President, I ask unan- will ask for God’s peace and protection Mr. COVERDELL. Mr. President, not imous consent that the order for the for your family. We look forward to far from the Capitol, on Constitution, quorum call be rescinded. working with you—you, who I believe across from the Navy Memorial, is a The PRESIDING OFFICER. Without will be the next President and First building that houses the Declaration of objection, it is so ordered. Lady of this great country. Independence and the Constitution of f With that, Mr. President, I yield the the United States and other major arti- floor. facts of our beginning. On the outside CONCURRENT RESOLUTION ON Mr. HATFIELD addressed the Chair. of the building, it says, ‘‘The Past is THE BUDGET FOR FISCAL YEAR The PRESIDING OFFICER. The Sen- Prolog.’’ 1997—CONFERENCE REPORT ator from Oregon is recognized. As I have heard the eloquent state- Mr. EXON. Mr. President, I yield my- Mr. HATFIELD. Mr. President, I join ments throughout the day and self such time as I may need off of our my colleagues today in wishing our throughout the past several weeks 5 hours. I believe it is the first time majority leader a senatorial farewell. about our majority leader, this has charged to us. We are now proceeding His contributions are well known, his come to mind, because the future is al- as I understand it with debate on the integrity is unquestioned, and his serv- ways guided and shaped by the past. conference report on the budget. ice has been an example for each one of BOB DOLE is a man of this century. Mr. EXON. Mr. President, we are on us on both sides of the aisle. BOB DOLE’s life experience is that of a the final leg of this Republican budg- I want to just comment about the giant figure in American history. The et’s journey, and it is a fruitless one. It service factor in his life and how we are experiences of his life are immeas- does not lead our Nation to any new all drawn to those who serve—whether urable. The knowledge that has been horizons. It blazes no new paths. It of- it is a Boy Scout who walks a hobbling accomplished by it would be hard to fers no compromise to break the budg- grandmother across the street, or a calculate. The capacity that it rep- et deadlock. This Republican budget community clothing drive, raising resents has a far and long reach. So makes a beeline, it pains me to say, to money for charity, or a PTA member another dead end. spending hours at local meetings. Serv- when the Senator from Kansas came at Dead ends are becoming an all-too-fa- ice we admire, service we respect, and midday and gave us his farewell ad- miliar haunt for my Republican col- service from our elected officials we al- dress, you could measure some of the leagues if they want to move ahead to ways expect. energy and reach and capacity of this Majority Leader DOLE is no excep- world figure, of this American figure, something that is workable. Thanks to tion. Kansans expect him to represent by the response that he received on their intransigence and their extremist their interests. Republicans expect him both sides of the aisle, and throughout budget, that is where we spent most of to lead the party, and Senators—well, America, I am sure. last year. And it looks as though we we expect him to guide us through the I have always said that whenever I will waste another session of Congress joys and trials of partisan politics. So, think of BOB DOLE, I think of the heart trying to back out of yet another dead as a U.S. Senator, I have often ex- and soul of America. I think we saw end. pected him to serve me as well. Long that expressed over these last several The majority has held the Senate before leaving this Senate, BOB DOLE days. He truly is the embodiment of ev- hostage for almost 2 years with basi- had my admiration. Long before he led erything that we have come to think of cally the same budget. Perhaps they this Senate, he had my respect, and I as America—the fortitude to overcome are hoping that the Stockholm syn- am led to believe that long before he adversity, perseverance, patience, drome will set in and Democrats will was decorated as a war hero, I would strength, agility, entrepreneurship, start identifying with their captors. have wanted Bob DOLE as my friend. problem solving, getting things done. They are wrong. Our will and our vi- The issues we debate during the 104th He leaves with the love of his family of sion are strong. Congress we have debated before. Like colleagues, all who have wished him a The chairman of the Senate Budget a pendulum, important issues swing safe and secure journey. He character- Committee did his best to repair the away from us, and eventually they izes what is yet before him as ‘‘one damage from last year’s budget deba- swing back. Every so often, we see a more mission.’’ I think that statement cle. I compliment him for the fine job leader who is able to stop the pen- properly casts what lies before him, he did. In the hopes of attracting some dulum, who is able to lead us into a so- but it also reminds us of what he has unsuspecting buyers, the 1997 Repub- lution that gives the pendulum a bit of endured. He is a man who has endured lican budget has been spruced up in a rest. For the causes of the disadvan- and built the American mission. He places. But if this budget were a house, taged and disabled Americans, Senator brings to his task, as I have said, im- it would still be condemned as unfit. It DOLE has proven to be such a leader. measurable resources. is still out of touch with mainstream And for the need to reduce our deficit, I believe, as Senator SIMPSON al- America and I suggest that it should be he has few equals. luded, that as Americans come to know rejected. As chairman of the Appropriations him as his colleagues do, they will All of the efforts of the Republican Committee, I have seen the work that readily embrace this man and his mis- majority to portray their budget as a he has done. I have seen the money sion and his love for America. I loved it moderate one are in vain. The Repub- come in and, with greater detail, I have when he gave that famous address as lican majority have done a superb job seen the money go out. Senator DOLE’s he announced that he would retire to airbrush their budget, but the Amer- legacy is his willingness to fight for from the Senate. He said, with no dis- ican people can see the real thing— the welfare of today while just as ea- respect to the Congress, that his life warts and all. gerly vying for the welfare of our chil- had not been about the Congress. He It retains the same unflattering pro- dren and our grandchildren for the fu- said, ‘‘My life has been about Amer- file as its predecessor: unnecessary re- ture. ica.’’ Gratefully, it still is. So I join ductions in Medicare and Medicaid S6062 CONGRESSIONAL RECORD — SENATE June 11, 1996 paying for tax breaks for the wealthy. fiscal conservatism. The first reconcili- President Clinton’s budget proposal This is in fact the Newt Gingrich Budg- ation bill will reduce the deficit by just extends the life of the trust fund with- et. $2 billion, if it reduces the deficit at out such deep reductions. The Repub- The agenda has included a $50-billion- all. This is as plain as the light of day. lican-appointed CBO Director has cer- plus rehash of star wars that not even The majority now want to eliminate tified that the administration’s propos- the Pentagon wants. And we have the Medicaid guarantee of meaningful als would extend the life of the Medi- frittered away precious time reconsid- health care benefits for 18 million chil- care hospital insurance trust fund until ering the balanced budget amendment dren, 6 million disabled Americans, 2005. to the Constitution. I have consist- millions of nursing home residents, 36 And if the recent alarm over the date ently voted for the balanced budget million people in all, to fund their tax of insolvency tells us anything, it is amendment, but could not cast my breaks. not that we should reduce Medicare vote for it this time because the Re- The conferees assume a net tax cut of more to pay for tax breaks for the publicans fouled the fiscal nest with $122 billion, yet Chairman KASICH wealthy. That is truly Medi-Scare. The senseless and in my opinion, irrespon- maintains that the cuts will be as large trustees’ report is a call for the major- sible tax cuts if we are going to balance as $180 billion. You can look but you ity to come back to the bargaining the budget fairly. will not find a single specific mention table to work with the President on an I am baffled by the inconsistency. It of closing tax loopholes or of ending acceptable compromise plan that is is enough to give a prudent man pause. corporate tax giveaways. The same within reach with just a little effort. One moment the Republicans bring budget that eagerly reduces funding for And what about Medicaid? Instead of back to the floor the balanced budget our Medicare and Medicaid Programs attempting to reform Medicaid in a amendment to the Constitution, the cannot find the courage to call upon manner that would be acceptable to next he resurrects discredited supply- the special interests to assume any of mainstream America, the Republican side economics with tax breaks that the burden of balancing the budget. By majority put a hard edge to their pro- could turn into the hundreds of billions contrast, President Clinton has pro- posal. of dollars. posed that $40 billion be raised from I believe you would take a whole na- Mr. President, all of this is a great corporate reform and loophole-closers, tion by surprise if you told them that concern to this Senator who has been money that keeps the President’s tax Republican Medicaid reform might trying to be bipartisan in my approach cut within reason. This Senator would mean that middle-class, working to the concerns that all of us have. prefer no tax cut at all until we truly American families might have to pay I had hoped that we could have used balance the budget. thousands of dollars out of their own the good will engendered by the major- Experience also shows that once the pockets for nursing home care for a ity leader’s departure to pass some- tax-break game begins, the bidding loved one. Or that millions of low-in- thing meaningful for the American keeps increasing with no thought to come children might have their health people. I ask with all sincerity, ‘‘What the consequences. Chairman DOMENICI care jeopardized. has happened to the priorities that says that the Finance Committee can In other words, reform means con- matter most to American families?’’ use tax increases to offset additional form to their way of thinking, even if What happened to the minimum wage? tax breaks, and he is well aware that it means taking out a second mortgage What happened to the modest health $35 billion is readily available simply on your home to pay for nursing home insurance reform package that passed by extending three excise taxes. But care for a sick or elderly parent. With the Senate 100 to zero? What happened that won’t be enough to satisfy their a $72 billion reduction in Medicaid to welfare reform? And the big ques- tax cut appetite and I predict that, like from projected spending, combined last year, the Republicans will soon be tion, we should be asking today, what with a block grant approach, that may proposing to raid pension funds for happened to a balanced budget that all well be the scenario. working families to pay for the tax Americans could support? I would like to conclude my remarks breaks that primarily benefit those One bill after another has been with an observation on this and the earning above $100,000 a year. Fiscal in- shackled to failed Republican dogma. previous Republican budgets. I am re- sanity is galloping through this Cham- This rehashed budget is a prime ex- minded of an old print I once saw. It ber, and we do not have enough votes, ample. It is part and parcel of the Re- showed a man on a horse-drawn sleigh unfortunately, to rein it in. publican strategy of no-work and all- One thing that has not changed in being chased by a pack of wolves. With political-play. Like ancient Gaul, the the conference report are the deep re- the horses galloping as fast as they Republicans divided their budget rec- ductions in Medicare and Medicaid. can, the driver is tossing out every- onciliation bill into three parts. They The Republican budget would reduce thing that is in the sleigh. If he does wanted to ram through—I emphasize Medicare spending growth per-bene- not lighten the load, the wolves will ram through—their failed and stale po- ficiary far below projected private-sec- catch him. A pack of hungry wolves fo- litical agenda and confront the Presi- tor growth rates. It would diminish cuses the mind wonderfully on what is dent at every turn of this crooked leg- quality and access to health care for truly important. So should this debate islative road. Worst of all, two of these millions of middle-class Americans. on balancing the budget. baby reconciliation bills will be de- Doctors and hospitals will be able to The problem with Republican budget voted largely to cutting taxes—an act charge seniors for the entire balance of after Republican budget is that they that will worsen the deficit without the charges above the Medicare pay- will not give up on what is not impor- any sense of being responsible or rea- ment. The Republican majority may tant. What is important to the Amer- sonable. assert that premiums are not going up, ican people—and they have said it time We are already seeing the House voo- but they cannot make the same claim after time, is balancing the budget and doo work its way in this conference re- about seniors’ out-of-pocket expenses, balancing it fairly. They would far port. At least the Senate language re- and that is where, primarily, the sen- rather jettison the tax breaks but quired that all the entitlement spend- iors are going to be hit. maintain a first-rate health care sys- ing reductions be enacted into law be- The $123 billion reduction of Medi- tem, and balance the budget than run fore—I emphasize before—we consid- care hospital insurance spending will the risk of deficits in the years ahead, ered the tax breaks. The House, not devastate rural and some urban hos- eating into the future of their children. surpisingly, shamelessly tossed that re- pitals as well. The Republicans assert But my Republican colleagues cling quirement out the window and the Sen- that it is necessary to preserve the sol- to the tax breaks—the tax breaks that ate concurred in conference. What a vency of the trust fund through 2006. fuel the reductions in Medicare and fiscal sham all of this is. That is bending the truth to fit their Medicaid and divide our great Nation. The first reconciliation bill contains agenda. Funny, is it not, if that is That is why they and this budget will Medicaid, welfare, and tax breaks. Yes. humor, that the net tax breaks—at $122 ultimately fail. And that is not only a Mr. President and tax breaks. So much billion—are almost exactly equal to tragedy for the departing majority for performing deficit reduction before the cuts in Medicare part A—at $123 leader but for the American people as doling out the tax breaks. So much for billion? well. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6063 It is sad to have to conclude on this body else in national leadership. He is ily. I have no certainty beyond Senator note, but this is clearly a failed budget. a person who, I think, personifies the KENNEDY, but I am certain Senator Once it passes, as it will, we will be words trust and honesty and integrity KENNEDY will be here very shortly, and starting over again on what we went more than anybody I have ever worked I will yield to him such time as he through last year—meeting after meet- with in the political process or in the needs when he comes. Other than that, ing, crisis after crisis, and not a work- private sector. I have never known I know of no Senator on this side who able budget that can be supported by anybody who has served with BOB DOLE will be speaking tonight, but we have the President, by the minority in both who has not said that his word was had surprises before, as you know. the House and the Senate, and cer- good, that his word was always one Mr. DOMENICI. Mr. President, I will tainly not by the American people. that you could count on. That is clear- just ask again if there are any Repub- When, oh, when, will they learn? ly a reason why he is held in such high lican Senators desiring to speak on Mr. President, I reserve the remain- esteem on both sides of the political this budget resolution or ask any ques- der of my time. aisle. tions regarding it. While there will be Mr. DOMENICI addressed the Chair. These qualities, his capacity to be a some time tomorrow—I am not at all The PRESIDING OFFICER. The Sen- good friend, his compassion for his fel- sure how much time there will be—to ator from New Mexico. low citizens, the honesty, the trust and speak on the resolution. I think we are Mr. DOMENICI. I wonder, since no- the integrity that he brought to his going to be here— body else is seeking recognition, if I service here in the Congress of the Mr. EXON. I might advise my col- might ask the Senate if they would United States, make him a giant, in league that Senator KENNEDY will be mind my yielding up to 5 minutes to my opinion, a giant who will be re- using approximately 30 minutes when Senator ABRAHAM for comments on membered far beyond the balcony he arrives, and I have just been advised Senator DOLE, to be taken off my time. which today was named after him. But Senator SIMON, a member of the Budg- Mr. EXON. We have no objection. he will be remembered along with the et Committee, wishes 15 minutes. So Mr. DOMENICI. I so request and so names of Webster and Clay, Johnson, that is about 45 minutes that I know of yield. Mansfield, and others who have served for Senators at this juncture. The PRESIDING OFFICER. Without and who are remembered as the impor- Mr. DOMENICI. Mr. President, I re- objection, it is so ordered. tant ingredients in the formation of peat for Senators on this side, if they The Senator from Michigan is recog- our democracy and its continuation. would like to speak this evening—I nized. I would just say this. Although my know it is somewhat of an imposition f tenure in the Senate has lasted only a since we have already announced there year and a half, I am extraordinarily are no votes for the remainder of the TRIBUTE TO SENATOR BOB DOLE proud that I had the chance for that day—there will be some time this Mr. ABRAHAM. Mr. President, I rise year and a half to serve with BOB DOLE. evening and there will be some time to- at this time to speak in concert with so I happen to be one of those who be- morrow. Clearly, there will be some many others who have spoken today lieves that his career in public service Members who would like to be heard. about the career of Senator BOB DOLE is not coming to an end today but that Mr. President, I yield myself 10 min- who today moved on to a new role and in just a few months he will be back in utes. new responsibilities and left behind a a different role, working together with The PRESIDING OFFICER (Mr. legacy that is virtually unsurpassed in us. But I am proud that I had the ABRAHAM). The Senator from New Mex- the history of the Senate. Obviously, chance to serve as a fellow Member of ico. the accomplishments that BOB DOLE the U.S. Senate with him. Mr. DOMENICI. Mr. President, I did achieved, both as a leader in the Sen- Some people come to this Chamber not get to hear all the remarks of the ate as well, in his earlier career, as a and perhaps never are given the oppor- distinguished Senator from Nebraska, Member of the House of Representa- tunity to work closely with one of the but I believe I know generally what his tives, have been chronicled pretty thor- giants of our Nation’s history and of criticism is, and I would like to address oughly both by the media as well as by the Senate’s history. I feel very lucky my views and my beliefs with reference Senator DOLE himself today. It is a leg- and fortunate to have had that chance, to this budget. islative record that any of us would be, even if it was only for a year and a First, Medicare, the trust fund for I think, immensely proud to have at half. the senior citizens’ hospital protec- the end of our careers here in this in- I wish him and his family great good tion—and I do not say this with any stitution. fortune as they move on to a new chal- joy in my voice—is going broke. I do So, what I thought I might do instead lenge in this political campaign, and not know how else to say it. This is not was to just spend a minute or two talk- the best of luck and best wishes for the partisanship that determines that the future. ing about the personal side of BOB trust fund is going bankrupt. It is not Mr. President, I yield the floor. DOLE, the side that many of us here in The PRESIDING OFFICER. The Sen- Republicans predicting it, it is not the Senate know but which is maybe ator from New Mexico. Democrats predicting it, in the sense of not as well known to the American elected Members of Congress. f people. The trustees who are in charge of I have certainly come to know BOB CONCURRENT RESOLUTION ON telling the American people the truth DOLE as a friend. He is somebody who, THE BUDGET FOR FISCAL YEAR about the trust fund and making rec- from the very day that I arrived in the 1997—CONFERENCE REPORT ommendations have, once again, re- Senate, had a door that was open to Mr. DOMENICI. Mr. President, just ported—I do not say this to frighten me, and I know it was open to others in for purposes of some kind of account- anyone; it is just true—we are now the freshman class that makes up this ing, how much time has Senator EXON spending more money out of the trust 104th Congress. He is a man who did used and how much have I used, with fund for senior citizens than is coming not view himself as a senior Member all of that which I asked that I yield into the trust fund. In fact, we started and we as, somehow, junior Members and asked be credited to me even doing that last year by a small not to be on the same playing field, but though the speeches were on Senator amount. It is growing this year, that somebody who viewed us all as Mem- DOLE? is, the amount that is spent in excess bers of this institution, as equals, who The PRESIDING OFFICER. The Sen- of what is coming in, and the next year treated us that way, as he treats every- ator from New Mexico has used 28 min- after that it is more, and the trustees body. utes; the Senator from Nebraska has say in 5 years—in 5 years, not 30, not He is a man of great compassion, a used 17 minutes. 20; 5 years—there will not be any person who, through his own life’s ex- Mr. DOMENICI. Mr. President, I ask money in the trust fund to pay the hos- periences, I think, probably cares Senator EXON if he has any other Sen- pital bills for senior citizens. about and sympathizes and under- ators coming down this afternoon. No one has violated the trust fund. stands the problems that his fellow Mr. EXON. I advise my friend, I am Congress has not taken money out of citizens have more than virtually any- expecting Senator KENNEDY momentar- the Medicare fund. All of the money in S6064 CONGRESSIONAL RECORD — SENATE June 11, 1996 those payroll deductions is going into $500 credit for each child,’’ we will What is happening to America? It that trust fund. The problem is that stand up and say, ‘‘We are guilty.’’ may be getting solvent, but America is the hospital costs and home health Right? We will say, ‘‘We are guilty as getting whacked for $55 billion in taxes care costs which are in that trust fund charged.’’ But then to then turn around that a couple sitting around at their are growing more rapidly than the and say, ‘‘That’s not the case, you’re table one morning, wondering about money that comes in. helping rich Americans’’? how much taxes they are paying and Can you believe that when we try to Mr. President, look at the budget. will it ever stop, they just got a new fix it and save money that somebody Read the budget, and that is what it present. The present is another tax says we are doing this because we want says. It says precisely what I have just burden, because the President wants to to cut taxes? I do not know how else to done, and I ask for Senators who will claim he is fixing Medicare by letting present it. When the trust fund is going come to the floor and say you are re- that couple, who are paying income bankrupt and you say, ‘‘Let’s save ducing the expenditures and the out- taxes on their hard earned money, let money for the trust fund’’, and then lays under Medicare so you can cut them pay. you save the money for the trust fund taxes, I ask one question: What if you Is that the right way to fix Medicare? and the trust fund gets more solvent, do not cut any taxes, does the Medicare I ask in all honesty, if you brought be- and over on the side you are cutting fund get any better? Does it last 10 fore the U.S. Senate a proposal, free- taxes, how in the world can it be said years instead of going bankrupt in 5? standing, just put one up here one of that saving the trust fund is being done Of course not. You have to reduce ex- these days, and resolve that henceforth so you can cut taxes? penditures within the trust fund or in- $55 billion over the next 6 years of Med- What if you did not cut any taxes? crease taxes that go into the trust fund icare expenditures will be paid for by Would the trust fund be any more sol- to give it more longevity and a longer the general tax coffers of America, and vent? What if you said, no tax breaks life. then vote. I surmise there may be 10 for families with children—which we Having said that, does the President Senators that vote for it, but we have want to do—does that make the trust of the United States not propose to never voted to put general tax money fund solvent? Not at all. It has none, save Medicare? If he does, must he not in Medicare part A or in Social Secu- zero, impact on the trust fund. If the think it is going bankrupt? I believe he rity, because we understand those are trust fund continues to spend more uses the same principles we use. But I trust funds that should be paid for by than it takes in, it continues bit by bit want to stay on this subject for just a the revenues dedicated to those en- to go bankrupt. couple more minutes. trusted funds, not by the general tax- Everyone knows that, and yet time The President has a very, very payer. But this is being done in this after time, as we move along and say, strange way of saving Medicare, and let bill, and at the same time the Presi- ‘‘Let’s fix the trust fund and let’s fix me explain it. Frankly, the President dent and my good friend from Nebraska the insurance program for seniors,’’ as of the United States plays games with can run away and say it is the Repub- soon as you say you are doing that, Medicare and the taxpayers of America licans who are restraining and cutting somebody says, ‘‘You’re doing it to cut when it comes to Medicare for the fu- back on Medicare, not the President. taxes.’’ ture. Now let me tell you how. What do we do? We say how much The President is cutting taxes. In The President says, ‘‘Yes, my trust- money is necessary to make it solvent fact, he made another announcement ees,’’ four of whom are part of his Cabi- in the next decade, and keep it solvent recently of another tax cut. Are we net or appointed by him to run Social for 10 years. We are told how. We have running around saying that he is doing Security and Medicare, ‘‘have told us said, ‘‘Let’s reform the system, give that because he is reforming Medicare this trust fund is going to be bankrupt seniors options to have their coverage to try to save it, albeit he is not doing in 5 years.’’ in different ways,’’ but always they can very much? He is doing it more than a So the President says, ‘‘Let’s fix it.’’ keep what they have, the same system few billion dollars’ worth of savings, of Now, how does he fix it? If this is not they have, and let us ratchet back on reforms. Can it be said then that the a sham, then I have never seen one. If how providers are paid and hospitals President is doing that so he can cut this is not smoke and mirrors, then I are paid and save enough money to taxes? Of course not. They are not even have not been around when smoke and make it solvent. We have not increased related. That is bad enough, but then we hear mirrors were perpetrated as part of a 1 cent of cost to the senior citizens, yet it is not changed no matter what we do budget. He says, ‘‘Let’s just take $55 we are making it solvent for 10 years. to this budget. It is the same song and billion of the current expenditures Frankly, when we say we are doing dance: ‘‘You’re cutting taxes for the under that trust fund of the current ob- that and Democrats and the President rich.’’ ligations, just take them out.’’ What say you do not have to do that, we have I want to repeat one more time, and does he take out? done it another way. I just told you the I defy anyone who reads budgets to say He says, ‘‘Let’s take out the fastest other way. This is a very short-term this is not true, taxes are reduced in growing item in Medicare, take it out fix. Medicare will be growing at an an- the next 6 years by the sum total of of the trust fund, and not pay for it out nual rate of 6.2 percent—not cut. The $122 billion. That means, as best you of the trust fund anymore. Magic. per capita expenditure for seniors will can calculate, taxes were going to be X What is the fastest one? Home health not go down. It will go from about billions of dollars over the next 6 years. care. Home health care has been part of $5,200 to $7,000, an $1,800 increase over We have said, ‘‘Let’s assume they will the trust fund for a long, long time. So that 6-year period. All of that in the be $122 billion less.’’ What more can we seniors expect their home health care name of doing what is right, for which do than to say in a budget resolution bills and their hospital bills to be paid we are accused of harming seniors, of that $122 billion shall be used for, for out of that trust fund. Sort of like doing this so we can cut taxes, when it what? For up to $500 child credit for 46 magic. What is the word? Abracadabra. will be insolvent whether you cut taxes million American families. That is I am making it $55 billion more solvent or whether you do not cut taxes. what the $122 billion is for. because it does not have to pay those Let me move for a minute quickly to Is that for the rich of America, or is obligations anymore. I just take them how we treat two big other items in that because we are worried about fam- out of there and let somebody else pay the budget. The President of the Unit- ilies in America? Is that Republicans for them. ed States produced another very inter- cutting taxes for the rich of America, Who is the somebody else? The Presi- esting phenomenon in his budget, 1997, or is it to say that it is very tough to dent says the taxpayer will pay for it. which will be appropriated before Octo- raise two or three children with the tax They do not even know it. They are ber of this year, an election year. The deductions you get because they have about to be given a big gift by the President of the United States says for not kept pace with the demands and President. The gift is, you taxpayers all of the discretionary accounts, the the needs and the moneys required to pay $55 billion for the home health part non-Social Security, the non-Medicare, raise children? of Medicare, which I just relieved the the nondefense domestic accounts, the If they want to say, ‘‘Republicans are Medicare trust fund of, so that I can President says, ‘‘I think I want to bal- trying to give families with children a say it is getting solvent. ance the budget, but I think for 1997 I June 11, 1996 CONGRESSIONAL RECORD — SENATE S6065 better increase spending.’’ So he in- program for senior citizens as the tial. Cutting taxes creates more real creases it $15 billion. The discretionary President. He found he needed $44 bil- spending power for Americans. It would accounts are increased $15 billion. But, lion. We got the same amount. allow more than 201,000 families in my Mr. President, only for 1997. After all, When you are all finished, clearly, home State of Minnesota with 437,000 we have to balance this budget. there is a lot of politics surrounding all children to save or spend more of their Then read the Broder article on Sun- of this. I wish it was not the case. own money—money that should not day where Senator BOND is making the Sooner or later we have to fix Medi- have been taken from them in the first case that after you get the $15 billion care, fix Medicaid. We have to save place. The $500 per-child tax credit increase, and then you still say you are money on both programs. We have to would return $297 million to the tax- going to balance by the year 2002, you reduce taxes on working families in the payers of Minnesota, $45 million to the let the discretionary spending just fall United States significantly, sooner or taxpayers of South Dakota, $39 million off the log, $72 billion in cuts in the later. We think this is the right year to to the taxpayers of North Dakota, $329 last year in discretionary accounts, but do it. million to the taxpayers of Wisconsin, not in the year of the budget, not in I yield the floor. and $180 million to the taxpayers of the year of the election. Then you get Mr. GRAMS. Mr. President, under Iowa. Cabinet Members telling the public of the leadership of a Congress committed Mr. President, we not only need to the United States that the President is to fundamental reform of the Federal eliminate wasteful and unnecessary not serious about that. After all, he is Government, we have once again deliv- spending, but we also must reform and not going to cut veterans that much, ered a balanced budget to the Amer- control our entitlement programs. even though if you look at where that ican people. I have no doubt that this Without responsible reforms, entitle- leads you, veterans get scalped. budget is a blueprint that will protect ment spending will consume all Fed- But they are saying, ‘‘We will take it the future of every American child. eral spending in 2015, leaving nothing 1 year at a time.’’ How, 1 year at a Last year, Mr. President, the debate for education, environment, defense, time, when the dollar numbers keep on the budget was mainly focused on and other domestic discretionary pro- going down, how are you going to fit whether we should have a balanced grams. them all in with an increase? Some- budget by 2002. Today, all sides, includ- I am therefore pleased, Mr. Presi- thing will get cut. They would like to ing President Clinton, have agreed that dent, that this budget resolution has let the American people think it is we should and can balance our budget included my amendment on long-term only Republicans that have to make by 2002, while we provide tax relief to trends in budget estimates. In the past, these cuts. middle-class American families. The budget estimates were projected for What do we propose? We propose a remaining question is how. only 5 years. My amendment requires freeze, fellow Americans. In a year we In my view, our budget priorities both CBO and OMB to provide a 30-year are really trying to get a budget, if we should reflect traditional American projection of the budget impact on en- cannot live with a freeze in domestic values: a smaller government, less titlements. This is good policy and will spending, we will never get the budget spending and more savings, and helping help Congress and the American tax- balanced. So we are not cutting this those who want to help themselves. Mr. payer understand the long-term com- year. The conference report that comes President, I must say that this budget mitments were are imposing on future back has a freeze in budget authority. resolution moves us confidently in that generations. My amendment also re- Program authority for all domestic direction. The budget resolution will quires the President to include long- bills freeze at exactly the level we are balance our budget in 6 years, yielding term economic projections in his budg- now spending for all of these programs. a $5 billion surplus in 2002. It will also et. Entitlement programs can then be I believe that is a fair approach in a create more jobs, provide more afford- reviewed and analyzed for their eco- difficult year. I hope we produce these able education, make Medicare more nomic impact today and for genera- appropriations bills at a freeze level, secure, and offer real welfare and Med- tions to come. Mr. President, although I personally one after another. I hope there will be icaid reform. would prefer more cuts in Federal no strings attached and no riders, and Mr. President, I am particularly spending and more tax relief for work- we will see whether the President pleased that this resolution has kept ing American families, this budget res- wants to close down Government based our promise to the American people to olution is a well-balanced one. While it upon a freeze, especially if he has to provide meaningful tax relief for mid- reduces Federal spending by $580 bil- dle-class Americans. The resolution ex- say we want $15 billion more to keep it lion over 6 years, it has kept vital pro- plicitly recommends that this should open. We will not mind that battle this grams such as law enforcement and include a tax credit of $500 per child. I time. We will not mind that battle this crime prevention, education, veterans’ am proud that this provision, which I time. benefits, R&D, and environmental pro- Which do you really want? Are you have made a priority since my election tection as national priorities. In my serious about a balanced budget? We to Congress, remains at the heart of view, this budget resolution is a credi- will give you a freeze. No harm, no our efforts to balance the budget while ble, workable and no-gimmicks plan gain. Or do you want to spend $15 bil- reducing the tax burden on working for getting our fiscal house in order. lion more? Those are the basic ele- families. If we want to rebuild the financial in- ments. I have given the tax proposals. The tax burden has become increas- tegrity of this Nation, avert the Nation I have given Medicare. Medicaid will ingly unbearable for middle-class from fiscal disaster, and leave our chil- grow at 6.2 percent a year on average, Americans. This year, the average dren a viable government, we must not be cut, but more power is going American worked from January 1 until pass this balanced budget to control home to our Governors and to our leg- May 7 to pay his or her tax bill. Only government spending and reduce the islators to see if we cannot streamline after paying the Government more burden for our children. and make the programs more efficient. than one-third of their earnings can Mr. President, I believe strongly that From my standpoint, I do not think the taxpayers then spend to meet their it is the responsibility and duty of this it matters what we change in this own needs. If we do not impose dis- Congress to ensure our children and budget and how it is different from last cipline in our budget, children born grandchildren a strong economy, a year or the year before. We will hear today would have to pay as high as 84 good education, a clean environment, the same broken-down medley, ‘‘hurt- percent of their lifetime earnings for and a debt-free future. Let us fulfill ing senior citizens, helping the rich our Government spending and national that responsibility and pass the bal- with tax cuts, hurting the poor with debt. This is simply outrageous. We anced budget resolution conference re- Medicare cuts,’’ when, as a matter of must provide tax relief for middle-class port. fact, what we are really trying to do is families to reduce their financial bur- Mr. DOMENICI. Senator EXON, can help seniors, keep the fund from going den, and encourage saving and invest- we accommodate a couple speakers on bankrupt, and do little or no harm to ment. Senator DOLE statements? them. We have the exact same dollar It is my belief, Mr. President, that Mr. PRESSLER. Mr. President, I amount of savings for the insurance the $500-per-child tax credit is essen- would like 5 minutes. S6066 CONGRESSIONAL RECORD — SENATE June 11, 1996

Mr. MCCONNELL. Mr. President, I never seen anything like it. He would always showed up. He continued to would like 2 minutes. fill up the whole weekend with work push. Mrs. KASSEBAUM. Mr. President, I and visits. To him, it was service. I just The next time I saw him was in 1984, wish to speak on the health insurance would not have that much energy be- 3 days before the Senate race in Ken- reform legislation. So I am happy to cause I need a day off now and then. I tucky. All of a sudden, the word had wait my turn. pay tribute to him because he is one of spread around that this challenger in Mr. DOMENICI. We have an arrange- the great Members of this Chamber the Senate race in Kentucky might ment that the Senator from Massachu- that I have served with, and it has been have a shot. BOB and Elizabeth Dole setts will go next. It is your turn. my pleasure to work side by side with came in, and we wheeled around the Mr. EXON. With the understanding, I him. State in their plane, and they gave me might say, that the Senator from Mas- I have a number of other the boost I needed at the end to get sachusetts has been very patient. I reminiscences, which I will place in the over the finish line. scheduled him at 4:30, the best I could. RECORD. During this short time, let me In short, like everybody else here, I Mr. KENNEDY. That is fine. also say that I have felt a great deal of have had a number of reminiscences of Mr. EXON. We understand that you friendship and still feel a great deal of this great American. On a day like will have 7 minutes for other matters, friendship with BOB DOLE. He is a per- this, they all come back. It seems like and then we will yield to the Senator son with whom I could always talk to there is a giant sort of gap here in the from Massachusetts, is that correct? if I was struggling in some of my cam- Senate with his departure. Today was a Mr. DOMENICI. That is exactly what paigns, or whatever. He would always bittersweet day for all of us. I think it I hope and agree to. be there to help. Just recently, he in- is kind of a mixture of exhilaration for Mr. EXON. We agree with that. vited me along on four stops in several him that he goes out on this new chal- The PRESIDING OFFICER. The Sen- States with him. His energy is as great lenge, undeterred by all of the re- ator from South Dakota is recognized as it has ever been. straints that are obvious here, but at for 5 minutes; following that, the Sen- BOB DOLE is a great man. He will be the same time he regretted his depar- ator from Kentucky will be recognized a great President, and I will miss him ture. I only add: Godspeed, BOB DOLE. I for 2 minutes; then the Senator from very much here in the Senate. It feels think we will be seeing you in Govern- Massachusetts will be recognized for lonely around here without him al- ment once again. such time as the Senator from Ne- ready, without his quips, and so forth. I yield the floor. braska may yield him. I came in a little late at lunch today The PRESIDING OFFICER. Under The Chair recognizes the Senator and he said, ‘‘You are late, PRESSLER. the previous order, the Senator from from South Dakota. We are going to count you late.’’ He Massachusetts is recognized. f was full of quips all the time. I pay Mr. EXON. I yield to the Senator tribute to my friend, BOB DOLE, a great from Massachusetts whatever time he TRIBUTE TO BOB DOLE U.S. Senator, who will be a great Presi- needs off of our 5 hours. Mr. PRESSLER. Mr. President, I rise dent. Mr. KENNEDY. I thank the Senator to pay tribute to our friend, BOB DOLE. The PRESIDING OFFICER. The Sen- from Nebraska. I see the Senator from It has been my pleasure over the years ator from Kentucky is recognized. Kansas on the floor, who was here ear- to hold over 30 joint meetings with him Mr. MCCONNELL. Mr. President, we lier than I was. She has indicated that in my State, in my time as a Congress- witnessed today the departure from the she has just a short comment to make. man and as a Senator and when he was Senate of one of the giants of American I am glad, if it is agreeable with the running for South Dakota’s early pri- history. On a day like this, obviously, Senator from Nebraska, to yield to her mary. There were at least 30 meetings. all of your memories come back to you. to speak briefly. I learned a great deal from BOB’S serv- I remember the first time I met BOB Mr. EXON. I will yield whatever time ice, and I learned that his tireless en- DOLE. It was in this room in the early she needs from our time. ergy was always an inspiration to me. part of 1969. I was a fuzzy-cheeked The PRESIDING OFFICER. The Sen- In fact, he would always shake hands staffer back here on what was then ator from Kansas. with everybody at the end of those these big stuffed couches. BOB DOLE f meetings, regardless of how long it was a freshman Senator. Since desks took. But he offered a great deal of on the floor of the Senate were as- HEALTH INSURANCE REFORM substance when somebody asked him a signed on the basis of seniority, he sat Mrs. KASSEBAUM. I very much ap- complicated question. He would give near the back. I remember him as preciate the Senator from Massachu- the full Senate answer, so to speak. I being the most popular of the freshman setts giving me some time at this mo- believe that he will go down as one of Republicans with the staff. Why? Be- ment. I would have been happy to wait. the great Members of this Chamber, in cause he was nice to us. This is a place But both the Senator from Massachu- terms of legislative accomplishments where, as many know, some Senators setts and myself have worked for many and contributions. are a little full of themselves and fre- months on health insurance reform. I I was one of the first Senators to quently are not all that nice to staff. very much appreciated Senator KEN- commit to him for majority leader or BOB DOLE was not only nice to us, his NEDY, the ranking member of the Labor minority leader—whichever was the humor was often practiced on us before and Human Resources Committee—his case, because at the time we did not he related some of it on the floor. efforts to help us achieve what the Sen- know for sure. I was one of the first In short, you could sense from the be- ate voted on 100 to 0 for some very im- Senators to endorse him for President. ginning, from the day BOB DOLE walked portant health insurance reform meas- I think his career in the Senate rep- in here, that he was something special, ures. resents the best of Senate life. I guess that he was not going to be just your Today, I want to speak for a moment everybody knows about his wit and his average Senator. So like everybody about where we stand on this issue. determination. I could never believe or else, I watched his development over First, because I heard the chairman of comprehend how he had so much en- the years. I left as a staffer and went the Budget Committee speak on the ergy. He literally went 7 days a week. back home to do my own thing. My budget resolution before us, I want to He would be as energetic on Sunday next recollection of BOB DOLE was in speak with respect to the admiration I night when he was coming back to 1980, his first campaign for President, have for Senator DOMENICI and his hon- Washington. which was not conspicuously success- esty and vision regarding what is need- I also visited at least 15 States with ful. I remember picking him up one day ed in our budget. Both he and Senator him during the time he was a Presi- in Kentucky and taking him to a meet- EXON from Nebraska, who is the rank- dential candidate or chairman of the ing and watching him tirelessly work ing member, have worked many years party or when I was a Congressman, the crowd. He had to have a sense that on budget matters, and I am sure that and he did the same thing there, too. his campaign was failing. But as Woody at some point there must be a certain He was not a golfer or a tennis player. Allen said, ‘‘Eighty percent of life is weariness that sets in as yet one more He just worked all the time. I have showing up.’’ BOB DOLE was driven. He budget resolution comes before the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6067 Senate. But it takes dedication, which or disadvantages on how perhaps MSA will benefit millions of Americans. I I greatly admire, on the part of the plans should be drawn that would be recognize that compromise is always Senator from New Mexico through the the best devised plan possible for medi- difficult. It was a difficult process in years to speak to what he feels. I cal savings accounts. This is the group committee and on the Senate floor. As strongly support the vision that he has where concerns have been raised about an even broader range of issues were and that is required of us today. the possibility of adverse collections put on the table by the House, it be- Speaking to health insurance reform, and where States have developed the came even more of a challenge to find which both Senator KENNEDY and my- greatest expertise in providing insur- common ground among disparate self feel is very important, negotia- ance access to small businesses. The views. Nevertheless, I think that each tions are still going on. The agreement proposal goes on to extend MSA’s to in- of us recognize the need to com- that was reached last night on this dividuals and employers with 50 or promise, and I believe this proposal measure represents a consensus among more employees on January 1 in the will strike a fair and equitable balance Republican members, who have been year 2000. Unless the Congress acts to which will put meaningful health care meeting informally for some weeks. delay or repeal the expansion, separate reform within our grasp. Both myself and Senator KENNEDY votes would be guaranteed on both the Mr. President, I have had concerns have been in conference and negotia- individual and large employer expan- about the medical savings accounts. I tions ourselves to see if this issue can- sion. think we need to go slow and under- not be advanced. In addition, the proposal includes stand them—understand where there As a participant in the process of in- new means for consumer protection may be difficulties and how to achieve formal negotiations among Repub- standards as a condition of deductibil- them in a way that will benefit many licans Members, I would say much was ity. These provisions assure that the Americans, particularly those who given up by Members who feel very consumers will have sufficient infor- have not had any other access to strongly about particular provisions. mation to judge this new product, and health insurance. But, by doing it slow- For example, Members of the House of they can take into account a recent ly and phasing it in and studying it Representatives agreed to drop provi- Rand study showing that adverse col- carefully, I think it can and should be sions on medical malpractice reform, lections can be minimized by limiting achieved. which many Members there strongly the level of MSA deductibles. So I hope that as we continue nego- supported and which was in the House- First, MSA plans would be required tiations, we can actually, over time, passed measure, and the multiple em- to disclose the information about cost- achieve some agreements on the pro- ployer welfare arrangement, MEWA’s, sharing requirements, deductibles, and posals in health insurance reform that which would have most certainly led to limitations on coverage, if any, under will allow us to succeed in efforts that a Presidential veto. the plan. we know will benefit many, many. Likewise, as I am sure, all realize Second, MSA plans could have a max- Thank you, Mr. President. I yield the more was added—particularly with re- imum deductible of $5,000 for individ- floor. spect to medical savings accounts— uals, or $7,500 for family coverage, in- Mr. DOMENICI. Mr. President, may I that others would like to see. I count dexed for medical inflation. That is a have a little dialog with Senator myself among those who would have high deductible, but it would, we KASSEBAUM regarding that bill? preferred a more focused bill. We added thought, be better than a floor being Mr. KENNEDY. Please do. here in the Senate parity for mental placed and that a ceiling should be Mr. DOMENICI. I do not choose to- illness insurance, which many here placed. night to go into an indepth analysis of strongly support, and many in the Third, once deductible limits are the bill as it pertains to the severely House support. But to come to some reached, individuals would be required mentally ill or those who need mental agreement for those who question to pay on average no more than 30 per- health care in America. I do want to whether we can do that at this time, or cent cost sharing for their health bene- suggest as one of the prime sponsors of not, meant that provision was dropped fits. amendment, which will be dropped, as well. In addition, six adjustments to the that I believe we should not have a However, I have been around here structure of the House MSA provisions commission in this bill—a commission long enough to know that no one gets were made in response to recommenda- getting bigger and bigger and broader everything they prefer. I listened very tions by the administration. These and broader and more and more issues. carefully to my colleagues in the modifications could tighten tax rules Frankly, I think we would rather have House, and it is my assessment that regarding any possible abuse. an opportunity to address this issue the proposal now on the table is what Finally, it should not be forgotten one more time in another manner. I do it will take to bring our efforts to fru- that there are core elements of the not think a commission is going to ition. There may have to be—and I health insurance bill. Those dealing solve many of the issues that we think guess there would be—some more with portability and preexisting condi- need to be solved, at least in any of the minor adjustments. I want to speak tions are firmly in place. Those are iterations we have seen on the commis- particularly to the medical saving ac- provisions which we all agreed on were sion. I would ask that it not be in- counts provision because that is what very important, Mr. President. They cluded. I mean, I think it is no com- has been perhaps the hardest and big- are the ones Senator KENNEDY cared promise for us, and we just should not gest hurdle to get over, and to what I about and that I cared about. We ar- have it, and let us get on with this believe represents a fair and credible gued no amendment should be added in fight in another way. approach to this issue. Briefly, begin- order to achieve those core provisions. So I personally will ask them not to ning in January of next year, the medi- But then that is not the way the House put it in. I will return to my office and cal savings accounts will be available and Senate worked their will. Amend- advise the House lead conferees that I to the self-employed and to employees ments were added in both Houses. personally would like not to have the of businesses with 50 or fewer employ- In addition, of course, the agreement commission in it. ees. includes Senate provisions dealing with I see my cosponsor on the floor. A study regarding the effect in the deductibility and long-term care insur- Mr. WELLSTONE. Might I indulge small group market on adverse collec- ance, which will make health insurance the Senator for a moment on a com- tions, health cost, use of preventive not only more portable but also more ment on this? care, and consumer cost would be con- affordable for millions of Americans. Mr. KENNEDY. Sure. ducted over a 2-year period. These are important changes, and I Mr. WELLSTONE. I have a different Mr. President, I believe that starting am confident that further reflection on perspective. I also feel it is not much of with the small group market where this proposal will produce a public law, a compromise. I just wanted to say, many of the most important issues I am absolutely confident, that we can having been a cosponsor of this amend- with respect to MSA’s have been raised come to an agreement on both sides of ment with my colleague from New will provide Congress with the most ac- the aisle on with the administration to Mexico, that when the medical savings curate assessment of their advantages achieve health insurance reform which accounts—I am all for working out an S6068 CONGRESSIONAL RECORD — SENATE June 11, 1996 agreement—came to the floor of the tially, I have to respond to my good als. It was spoken of as an issue of im- Senate, that amendment was defeated. friend from New Mexico as well as Sen- portance by Senator DOLE at that time, Then we talked about compromises. I ator WELLSTONE. It is not my purview and he has reiterated those comments know the Senator from Massachusetts about whether this matter will be in or in a number of statements in recent will talk about that. The mental outside the compromise. It appears days. health amendment, I think, passed that whatever has been recommended So this really was a very important with 68 votes. Then we worked very by the Republican leadership has at proposal, a modest step but a very im- hard to pare this down. What we came this time included a study in the pro- portant one, a vital one to the 25 to 27 up with was a very reasonable formula- posal. I myself, as Senator WELLSTONE million Americans who have preexist- tion, if you want to talk about a com- has pointed out, strongly believe that ing conditions and other millions of promise, which dealt with lifetime an- what would have been a reasonable Americans who would be able to take nuals; just have the same cap parity compromise of perhaps extending men- advantage of the portability provi- with that, which would have been so tal health to Federal employees would sions. important to families to get under. have had included a comprehensive So I stand with the Senator from I urge my colleagues, as we get into program of up to another 10 million Kansas in hoping we will be able to negotiations, I would like for that to without affecting businesses’ bottom work the will of the Senate and be able continue to be in the mix. It was a very lines. But that was not to be consid- to achieve those objectives. The prin- reasonable formulation. The Congres- ered. cipal concern that I had in the proposal sional Budget Office projection was Then I supported strongly the posi- as outlined here this evening, and that like two-tenths of 1 percent increase. tion that has been outlined here in has been reported previously, is that, To me it is just unconscionable that terms of the yearly inclusion and the first of all, we would be including not this cannot be accepted. I mean it yearly caps of the longer lifetime caps just a test, we would be immediately passed by 68 votes. I do not believe that for the funding of mental health pro- including about a third of the work this should now be knocked out of the grams. But that has been dismissed. I force in an untried and untested pro- mix. think the bottom line is just to dismiss gram, which would inevitably include I have urged my colleagues on the those proposals or to have a study. the entire work force in just three Democratic side to please hang in there I come down on the side of the Sen- short years unless the Congress acts to on this. The White House supports this. ator from New Mexico because I fear, if prevent it. The Democrats support this. I know we do a study, that may very well be So the signal very clearly is, let us many Republicans do. I do not know utilized as a way to compromise fur- move forward with a national program anyone who has worked harder on this ther progress in addressing mental that would include the MSA concept. than Senator DOMENICI. health down the road on some future What many of us have believed is that I urge my colleague from Kansas, health care proposal. this idea is untested and untried, and whom I believe in, and certainly my I for one hope very much that, if we sufficient questions have been raised colleague from Massachusetts, please, are able to get this particular proposal, about it. For example, the Urban Insti- as we go forward with these negotia- the Kassebaum-Kennedy bill, forward, tute, which the Senator refers to, has tions, do not just simply cancel us out. the health issue will go back on the pointed out that, at a $1,500 deduction, By the way, the ‘‘us’’ is not Senator agenda. Mental health being as impor- evidence of adverse selection is not DOMENICI and myself. The ‘‘us’’ are tant as it is, we may very well have a quite evident. But once you move to citizens all across this country who real opportunity to move ahead on that $2,500, adverse selection becomes a thought finally that they were going to in another Congress. major factor and a major force. In this see a time come when the U.S. Con- Not that I would find it persuasive proposal, we are talking about a $5,000 gress would put an end to some of this personally, but maybe there would be deductible as a possibility. discrimination and do something very others who would: not to debate this So the underlying concept that all of good and very positive and very helpful issue since we are doing this com- us have had in urging the Kassebaum- for families all across the country. prehensive study over a period of years, Kennedy proposal has been, when it Do not shut us out. and therefore let us wait until the comes to MSA’s: Let us do no harm. Mrs. KASSEBAUM addressed the study results are known. Let us do no harm to the existing Chair. But I hear the Senators. They have health insurance system. Let us do no The PRESIDING OFFICER. The Sen- spoken well on this issue, and we will, harm. ator from Kansas. to the extent we can, pass on their ob- Now as to the issue on malpractice. Mrs. KASSEBAUM. Mr. President, if servations and their strong views to It is an issue we have debated and dis- I may say so, I know that there is no the conferees. cussed on many different occasions and one who cares more about this than Just very briefly, I thank my friend, will again. It was not something that Senator KENNEDY, as well, and Senator Senator KASSEBAUM, for her expla- was so special, so unique to this occa- DOMENICI and Senator WELLSTONE went nation as to what was basically in- sion that an independent bill could not a long way in proposing something cluded in a proposal that has now gath- come over here on that measure. It was which many of us hoped would work ered the support of the Republican before the Congress earlier in the ses- and be successful in compromise. At leadership in the House and the Senate. sion and it was set aside for, I think, this point, it has not been. But it has As I have said many times, I admire very, very sound reasons, which we will been probably the question of how her continued leadership in moving be glad to debate at another time. much further we can get in negotia- this whole debate so far forward that The issue of MEWA’s was not really a tions. there still is, I would hope, real oppor- new idea. That has been around for a I very much appreciate the Senator tunity of enacting the core legislation. number of years. The problem with the from Massachusetts giving some time We have some difference on the pro- MEWA’s in the early 1980’s is that they to discuss the health insurance reform posal which has been outlined. But were so involved in fraud that by 1982 effort, and I appreciate all that he is there still is a very strong desire, I be- it was the judgment of both the Fed- doing and continues to do to try to lieve, on everyone’s part, as there eral and the State governments that help achieve a successful resolution. should be, to try to achieve the desired State enforcement against fraud and I thank the Chair. outcome of legislation. abuse should be put into effect. That Mr. KENNEDY addressed the Chair. The concept of the legislation Sen- was under a Republican Congress, and The PRESIDING OFFICER. The Sen- ator KASSEBAUM has outlined on other that was put into effect. ator from Massachusetts is recognized. occasions, which goes back to the end Now, without really any review, Mr. KENNEDY. Mr. President, I of the 1994 congressional debates on without any kind of hearings, without thank the Senator from Kansas for her health care reform, pulled together the any kind of examination, we want to comments. I appreciate her addressing various proposals that were advanced, take the State enforcement away. That the Senate on this particular measure Republican and Democrat, and in- is a very important policy issue to de- about the state of negotiations. Ini- cluded many of Senator DOLE’s propos- bate, but that is certainly something June 11, 1996 CONGRESSIONAL RECORD — SENATE S6069 that we could do tomorrow or do the Ways and Means Committee naming So, Mr. President, this issue is not next day. There ought to be hearings. the committee that is going to do the going to go away. We will have it, and We ought to find out about the role of evaluation. I think that was sort of a we will be required to address it. I am the State and the Federal Government nonstarter, but there may be Members personally convinced that we will be in terms of the enforcement. who would differ with that. If we are successful in passing the core legisla- The fact is, enforcement by the going to get the kind of clear evalua- tion in this Congress, because it is not States on MEWA’s has worked well. It tion which is needed, and which has going to go away. It is too powerful. has reduced significantly the instances been outlined, in fairness, by the Sen- There are too many families that will of fraud and abuse. I would be quite in- ator from Kansas, the types of things be affected by it. We may have some terested in listening to those on the that should be considered are a review rocky roads and bumps along the way floor of the Senate try to persuade the by an independent body to give reports. until we get there, but I think this Senate why that is a good idea, to go That would be very, very important. issue is too important for families to back to a time when States were not Another item in the proposal is, with give way on it. providing oversight and regulations to the acceptance of the deductibility for I know I and others and I know Sen- protect working families. small business only going up to 80 per- ator KASSEBAUM is still strongly com- So we saw those two elements cent, here you have 100 percent in mitted to achieving the objectives. We dropped. I think, as I say, I would have MSA’s, so you have a skewed condition will just have to work this process hoped they could have been dropped just to get started with any kind of through. and we could have debated them at an- comparison. We phase in the 80 percent But I thank the Senator very much, other time. They were dropped. But I up to the year 2000. They would go into and I look forward to continuing to find it very difficult to be convinced an MSA immediately in terms of 100 work very closely with her. percent. So you are obviously skewing that these were major elements of a f major proposal that were given up in this in terms of what is included in the order to try to reach common ground other parts of the legislation. CONCURRENT RESOLUTION ON These are the kinds of things which I with the Senate—when the Senator THE BUDGET FOR FISCAL YEAR think people who would have a chance from Kansas understands very well 1997—CONFERENCE REPORT to review these issues and get into that what she has fashioned and what Mr. KENNEDY. Mr. President, I matters could address. But the most has been supported here was really a know there are others who want to ad- basic and fundamental part of it is put- unique, special, targeted effort to deal dress the Senate. I want to speak to ting in place an untested and untried with the preexisting conditions and the Senate on two issues, briefly: the program in which many of those groups portability, which is really a new way first being where we are on the budget that have looked at it, in all fairness, of trying to come to grips with the proposal for education. have felt it would be particularly health care needs of many of our citi- There have been a number of rep- threatening. To whom? To our seniors, resentations about where we are going zens. to working families, to children for At the same time, as was pointed with current funding, how we are going prevention, and consumers generally. along with the continued baseline ex- out, another area where I think there Those who are supporting it pri- penditures, that we are going to see a is broad agreement in terms of consid- marily have been those—I know there continuing commitment in the area of ering in parallel mental illness as well are individual Members, and I respect education. as other physical illness was com- their views—but, frankly, the outside I want to review for the Senate very pletely set aside. That would have been interests that have been talked about briefly, because I see other colleagues new ground that was being broken. But have been the particular companies on the floor who wish to address the that, for the financial cost, was really who have been involved in these pro- Senate, where we are in the area of too much. I regret it. I am personally grams that have been involved in some convinced, as we have seen with many of the greatest abuses of the health education funding and why this budget insurance companies, that those com- care system. proposal continues to run contrary to panies that have effective mental So I think when you have the Joint what I believe is the fundamental com- health as well as physical health pro- Tax Committee talking about the cost, mitment of this Nation, which should grams actually see a reduction in the if we get to 1 million people, it will be in the area of education. outlays for the physical conditions be- cost $3 billion over a 10-year period. We can start off with the fact that cause of the programs that they have Here we are talking, at the outside, 40 just spending resources and money there that are available in mental million people. It raises some questions does not solve all of our Nation’s prob- health. Actually, it is going to save about what the cost would be. When lems, but it is a pretty clear indication money over a period of time. you have the Urban Institute talking what a nation’s priorities are all about. We have not been able to make that about what would happen in terms of I believe in education and I believe case in a convincing way, although I adverse selection and moving from that it is important that we continue am, frankly, convinced. I know Senator $1,500 to $2,500 in deductibility—this to make a strong investment in the WELLSTONE is convinced as well. But goes all the way to $5,000—I think you area of education and the young people we have the basis of a very strong indi- can say there is certainly some reason- of this country. If the programs are cation from a number of the insurance able kind of questions about who would faulty, we should correct them; if pro- companies. But we are too late in the become involved in this program, grams are successful, we ought to ex- session to have been able really to con- whether it would be, as many of us be- pand them. We ought to be in a period sider that. I regret it. lieve, the wealthiest and healthiest in- of constant review of many of these So I thought it made a good deal of dividuals. programs. sense that we have some kind of test of When you have the refusal of the in- We did have the opportunity in the the MSA’s, and we had advanced three surance companies that are involved in previous Congress to review a number different proposals. The White House this process making available to the of the programs—whether it was in the had advanced proposals. Those were ef- Academy of Actuaries the kinds of Head Start Program, title I, or Goals fectively dismissed. Then there were numbers—not the proprietary informa- 2000—to provide reforms and funding to proposals that were discussed last week tion —but just the numbers in terms of the local school level—90 percent of the by Republican leadership and then fur- markets and getting some kind of fair funding went to the local school level ther refined over the course of the evaluation of what is happening in the that could be used by parents, teach- weekend. industry and not only the particular ers, the business community to expand So there is where we are. One of the golden door industry, but others in- education and academic achievement— features I mentioned to the Senator volved in it, being turned down on that the School-to-Work Program which from Kansas is that the evaluation for issue raises questions. There have been was as a result of America’s Choice, an all these programs is going to be as a CBO studies, as well. I referred to those excellent report reviewing many of the result of the chairman of the Finance at other times, and I will not take the programs that were taking place in Committee and the chairman of the time to do so now. other parts of the world. Three-fourths S6070 CONGRESSIONAL RECORD — SENATE June 11, 1996 of the children who go to high school ference funding bills, education is one Madam President, I find this is a dan- do not continue on to college. That is of the first to get cut. gerous trend. It is complicated by the an extremely important area for this This is where we are in this resolu- fact that in this legislation we have set Nation if we want to both provide the tion, right on our way back down aside the billions of dollars for tax cuts opportunities for the young children of again. The Domenici amendment in- for wealthy individuals. That is what this country and also to ensure that creases education funding—though makes it completely unacceptable: we our country is going to be strong in the leaves it well below current funding— are cutting crucial education programs next century. and then $500 million were cut in con- in order to pay for the tax breaks for And then the Direct Loan Program, ference. the wealthy. That is intolerable. That the simplification of the efforts for We have to ask ourselves what is is wrong. That is unacceptable. young people. I see my friend and col- happening to the total number of stu- I see others on the floor who want to league, Senator SIMON, who was such a dents at this time. The number of stu- address this. I intended to speak about leader of that program over a period of dents was about 46 million in 1990 and the Medicare proposals, as well. I will years. will increase to 54.6 million by the year yield now and hope perhaps maybe I So we have here, Mr. President, the 2002. The student population is gradu- will get a few minutes tomorrow at the 1997 education funding in the Repub- ally increasing by 7 percent. Even with convenience of the floor managers to lican budget compared to a true freeze. a freeze at the current funding level, address the Senate briefly on that. This represents a compilation of all the you are falling behind, because you are That is an issue of enormous impor- discretionary education programs, not dealing with the expansion of the tance as well and should be addressed. those programs K through 12, and those student population and inflation. The Senator from Nebraska has been programs that go on to higher edu- Last year alone, it would have meant very kind in allocating time. cation. 100,000 additional teachers just to hold I yield the floor. If we go back to 1995, we will see the even, 50,000 for the makeup of those Mr. EXON. Madam President, I thank figure on this chart of about $39.5 bil- numbers of teachers that were being the Senator from Massachusetts for his lion. We heard a great deal as we went lost, and 50,000 more to take into con- excellent statement. There will be time on into 1996, ‘‘Let’s get back to 1995,’’ sideration the expansion of the school tomorrow if he wishes to get into the and there is this freeze of current fund- population. Medicare matter. We discussed that to ing. Let us look at what has actually That is something we have to under- some extent already, and I think we happened over this period of time. The stand. The school population for kids should be discussing it further. There total amount of budget authority in in grades K through 12 is gradually in- will be some time tomorrow, and I 1995 is $39.5 billion. creasing by 7 percent, and for college- would be delighted to yield whatever Then under the omnibus appropria- age youth it is increasing 12 percent. time the Senator from Massachusetts tions, that figure was reduced to $38.8. Do you think there is any effort in the wishes. Of course, even $38.8 billion, $700 mil- budget resolution conference report to I will shortly yield 15 minutes to the lion below fiscal year 1995, was only take into consideration the expansion Senator from Illinois who has been reached after a long fight to preserve of college students or expansion of stu- waiting patiently. However, I want to education funding. dent population in grades K through elaborate a little bit on what the Sen- It took a lot of shifting of funds to 12? Absolutely none, absolutely none. ator from Massachusetts has been say- get close to fiscal year 1995 in fiscal The President has talked about a 33- ing about projected growth costs fea- year 1996. A good deal of funds that percent increase in the Pell grants. turing education. The same thing is were uncommitted, or not spent, were This proposal would be a $6.7 billion re- true with Medicare, and the same thing spent in fiscal year 1996 to make up for duction over the period of time in the is true with Medicaid. the draconian cuts proposed to edu- Pell grants targeted to the neediest We have been bamboozled around cation—to get as close to the funding students over there. The list goes on here, I say to my friend from Massa- level of 1995 as possible. In April, edu- and on. chusetts and my friend from Illinois. cation was finally funded just about Mr. President, I speak for those who We have been bamboozled by the state- $700 million below fiscal year 1995. are committed, as I know many in this ments that an increase is a decrease Then we had the budget resolution body are committed, toward education. only in the Nation’s Capital. What we that was passed based on the so-called It is only fair to point out what this are talking about here are not in- freeze at $36.3 billion. Actually, this budget does to our commitment to the creases in education funding, net, or freeze does not take into account the young people in this country, for the increases in Medicare funding, net. addbacks made for fiscal year 1996 Head Start programs, the title I pro- What we are talking about is trying to alone, and leaves education funding grams, the math and science programs, disguise the honest dollar amount that $3.2 billion below fiscal year 1995. the new technology programs to try to keeps the level of the programs where The Senate budget resolution, with provide the best kind of new tech- they are today. Yet there has been a the Domenici amendment, added $5 bil- nology to our students in schools that hue and cry across the Nation that the lion to discretionary funding—of which train our teachers, to the school to Republican budget does not cut Medi- $1.7 billion was earmarked for edu- work program that tries to bring young care, it provides more money for Medi- cation—came right back up to $38 bil- people into the private sector to make care. It does provide more money for lion, still $1.5 billion below the 1995 sure they will get decent jobs, and then Medicare. The facts are it does not pro- level. Then the bill went to conference actually is phased out over a period of vide enough money to meet the real and $500 million more were lost—$500 time once those links and once those needs of the increased population, the million were lost in the conference. paths are created. longevity of senior citizens and more They added $1.2 billion to the original (Ms. SNOWE assumed the chair.) and more people who will rely on Medi- budget resolution, but cut $500 million Mr. KENNEDY. In the conference re- care. You can see it is not a cut in real from the Senate resolution. port, education is cut by 20 percent in dollars, but it is a cut in real needs and Every time we close the doors of ne- real terms from where we were in 1995. what the real costs will be for people gotiations on education funding, the I find that is highly unacceptable. who are depending on it. Therefore, it commitment to young Americans go When we had the chance to let the Sen- is a cut. We get all tied up with seman- down. It is only when we are out here ate, Republicans and Democrats, vote tics around here. on the floor of the U.S. Senate, when on these matters, we restored edu- Let me point this out. I had made we are battling in front of the public, cation funding. reference earlier, Madam President, to whether it has been on the various I see in the chair the distinguished the fact that Medicare costs were going votes Members remember—the Snowe- Senator from Maine, who has been a to outstrip what the Republican budget Simon amendments or the Specter- strong advocate for education and for provides for Medicare. An example: The Harkin amendment—that we restore meeting this Nation’s commitment projected rate of growth in private-sec- some of the funds. But once you close when we have the expansion of college tor health care costs over the period the office doors and begin to con- and K–12 populations. that we are talking about would be 7.1 June 11, 1996 CONGRESSIONAL RECORD — SENATE S6071 percent per person. Yet the Republican cuts taxes so much more. The $122 bil- get stability in other nations. But, pri- budget on a per-person basis allows lion that the chairman mentioned is marily, I want to talk about an area Medicare spending to grow only by 4.7 just the tip of the iceberg. The real ice- where Senator OLYMPIA SNOWE has pro- percent. Now, the difference between berg is much larger than that. The vided leadership, and I am grateful to the projected costs and the Republican chairman of the House Budget Commit- her for that, and that is in the area of budget is 34 percent. Yet the Repub- tee, JOHN KASICH, promises $180 billion education. We are now $4.4 billion from licans are saying their increase is rea- in tax breaks. where the President requested. We are sonable and provides more money. The chairman promised, ‘‘We would down $2.5 billion from where it was Plainly, Medicare spending will not have our own tax cut that we origi- when it passed the Senate. Now, every be keeping up with inflation in the Re- nally said we would have—that there study done of this country, every study publican budget when you consider will be a capital gains tax, that there for the State of Nebraska, or the State what the inflation is going to be in the will be a full child tax credit * * * and of Iowa, or the State of Maine, or the private sector and how many more peo- there will be a host of other tax relief State of Illinois, done by conservatives, ple are going to have to come into this measures.’’ liberals, you name it, every economist program. We are being bamboozled Who is kidding whom? I simply say says we are going to have to do better here, and the American public know that to keep honest, we have to be rea- in education. In higher education, we that, even if the U.S. Senate majority sonable. We have to recognize if you are ahead of other countries, but the does not want to address it. are going to provide massive tax cuts gap is narrowing. In elementary and I say also that the distinguished primarily to benefit the wealthiest secondary and preschool education, we chairman of the Budget Committee at- among us, something in the budget is are behind most of the other developed tributes the steep reductions in going to have to pay for it. That is es- nations. planned Medicare spending in his budg- sentially why, along with the other de- Among the 18 top industrial nations et to an effort to save Medicare. He ne- tails, that we will continue to oppose of the world, in terms of expenditures glects to note that the Republicans this Republican budget. for elementary and secondary, we are sought to reduce Medicare spending by I yield 15 minutes to my friend and 14th. There are some basic things we $270 billion even before last year’s Med- colleague from Illinois. ought to do. For example, I was able to icare trustees’ report came out. He also Mr. SIMON. Madam President, I get, in the last Elementary and Sec- neglects to mention that the Presi- thank my colleague from Nebraska. I ondary Education Act, a paltry $90 mil- dent’s budget guarantees the solvency see my colleague from Iowa here, and I lion—paltry in terms of its need—to of the Medicare trust fund through the will try not to use the whole 15 min- encourage schools, to give a little bit year 2005, without making the deep re- utes. of a carrot to schools to go longer than ductions planned in Medicare spending. I am going to join Senator EXON in 180 days. If you go to school in Japan, To back that up, Madam President, I opposing this budget resolution for sev- you go 243 days a year. In Germany, ask unanimous consent to have printed eral reasons. First, we have tax cuts in they go 240 days a year. When you go to in the RECORD a letter of May 9, 1996, here. Now, I recognize that leadership school in the United States, you go 180 addressed to myself, the ranking mi- of both parties is saying we ought to go days a year. Can we learn as much in nority member of the Committee on ahead with a tax cut. I do not think it 180 days as our friends in Germany, the Budget. makes any sense whatsoever when we Japan, and in other countries do with There being no objection, the mate- have a deficit. It is like when we say longer school years? Of course, we can- rial was ordered to be printed in the we are going to have a 7-year glidepath not. Why do we go 180 days? In theory, RECORD, as follows: to a balanced budget, but we are going it is so our children can go out and har- U.S. CONGRESS, to start off with a tax cut. That is like vest the crops. Well, I say to the Pre- CONGRESSIONAL BUDGET OFFICE, having a New Year’s resolution that siding Officer and my colleagues, I live Washington, DC, May 9, 1996. you are going to diet and then you at Route 1, Makanda, IL, population Hon. J. JAMES EXON, start off with a great big dessert. It is 402. Even in Makanda, IL, the young Ranking Minority Member, Committee on the not a very propitious way of doing it. Budget, U.S. Senate, Washington, DC. people do not go out and harvest the DEAR SENATOR: At your request, the Con- And both parties are saving the tough crops anymore. That was a different gressional Budget Office (CBO) has examined things, the tough decisions, to the end era. We have to adjust. If we just the effects of the Administration’s budgetary of the 7 years. That is why we need the moved from 180 days to 210, by the time proposals on the Hospital Insurance (HI) constitutional amendment for a bal- you finish 12th grade, that would be the trust fund. Under current law, the HI trust anced budget, in order to really move equivalent of 2 additional years of fund is projected to become insolvent in 2001. in that direction. school, and we would still be, in a CBO estimates that the Administration’s Second, in the area of defense, the major way, behind other countries. proposals would postpone this date to 2005. Sincerely, conference is $11.3 billion over what the But Senator KENNEDY made the point JUNE E. O’NEILL, Pentagon requested. No other agency a few minutes ago that when you look Director. gets more than they request, but the at these cuts, what you have to look Mr. EXON. I drive home the point Defense Department does. I think it is at, also, is the growth in student popu- that the President is looking at this re- unrealistic. Let us compare it to the lation. And so it is doubly devastating. alistically and should not be put down next function, function 150, inter- I remember visiting a Head Start Pro- for that effort. national affairs. The United States, in gram, and almost all Head Start Pro- One more thing, and then I will yield terms of our budget, is behind every grams have waiting lists, in Rock Is- to my friend from Illinois. The chair- country in Western Europe and Japan land, IL. On Monday morning, one man of the committee complains about in terms of the percentage of our budg- group of kids come in; on Tuesday how steep the cuts in domestic discre- et that we now use to help in foreign morning, a second group comes in; on tionary programs are in the President’s economic assistance—behind every Wednesday morning, a third group budget. Yes, it is true the President one. But we are ahead of every one in comes in, and so on. I asked the woman does achieve substantial savings from the percentage of our budget that we in charge, ‘‘What if you could have discretionary spending, but the Presi- put in defense. these children here 5 days a week?’’ dent still maintains these domestic in- Frankly, what other countries ques- She smiled and said, ‘‘You cannot be- vestments at a rate of $60 billion high- tion about us in the area of the mili- lieve the difference it would make in er than the Republican budget in the tary and in the area of foreign affairs is their lives.’’ We are not doing it, and year 2002. If the chairman believes that not our weapons systems, but our back- we save money with a budget like this? the President’s cuts are steep, then the bone. A few people are killed in Soma- You save money like building a house chairman would also have to agree that lia and we get out. In Bosnia, we make and you do not put a roof on it. Very, the cuts that he is endorsing in his par- speeches for a long time before we do very shortsighted. ticular budget are absolutely fatal. anything. We make great speeches on prisons in The difference between the two budg- The budget, I think, is unrealistic in this body. Oh, I have heard speeches ets is that the Republican budget also terms of international need and how we about crime and how we put people in S6072 CONGRESSIONAL RECORD — SENATE June 11, 1996 prison and everything. Eighty-two per- protect my colleagues is to say that As a consequence, we decided to walk cent of the people in our prisons and why do we not temporarily go off of the down a path that encouraged people, jails are high school dropouts. You budget to allow the Senator from Iowa young people especially, to believe that should not have to be an Einstein to and Senator SMITH to proceed as they drugs were okay. The result was the de figure out that maybe if we invested a see fit. If, when they have finished, we facto legalization of drugs in this coun- little more in education, we would not do not have any more speakers, we can try. It was a vast social experiment have to put so many people into prison, put the budget debate over until to- based on wholly foolish notions about and maybe we would be a much better morrow. the dangers of large-scale drug use and country if we did. That is the kind of I ask unanimous consent that we its anticipated consequences. It relied thing we ought to do. temporarily go off the budget matter on creating in the mind’s eye some This budget takes a step backward in before us and allow the two Senators mythical drug user of heroic propor- the field of education, rather than a on the Republican side, who wish to ad- tions, an everyman, someone who could step forward. I am not going to be dress other matters, to be able to pro- use drugs with no ill affects, someone around here next year, and my good ceed as in morning business, if that is whose mind and consciousness would friend from Nebraska is not going to be their request. expand to include new horizons of en- around here next year. I hope that who- The PRESIDING OFFICER. Without lightenment, someone who would be a ever sits in this body will listen to the objection, it is so ordered. better citizen. It was a form of a collec- Presiding Officer when she stands on The Senator from Iowa is recognized. tive delusion. We found that the path this floor and says that we have to do f we had chosen led to a dead end. better in the field of education, as she In the space of a few years, we went THE ROAD NOT TAKEN: DRUG has done many times. And while it is from having virtually no drug problem POLICY AND LEADERSHIP true you are not going to solve prob- to having over 70 million people who lems by just throwing money at them, Mr. GRASSLEY. Madam President, I had tried drugs and at least 6 million I do not hear that same argument used have spoken a number of times, last addicts. When you stop to consider in the Defense Department. And while year and this year, on the need for a that the vast majority of those addicts money alone is not going to solve the sound drug policy. We have entered a came from among kids, then the scale problem in the field of education, with- time, of course, when more teenagers of the disaster becomes more apparent. out additional resources, we are not are using drugs. It is a very serious We had an explosion of emergency going to solve the problem. problem. When more teenagers see no room admissions and a plague of drug- That is the simple reality. We ought serious harm or wrong in using drugs, related deaths and violence. In the very to be asking how do we build a better it seems to me that we cannot simply years that we stopped enforcing drug America as we put a budget together. accept these facts in silence. We need laws we saw a corresponding explosion When you ask that question, I think to ask ourselves if we are prepared to in violent and property crimes. It is you will come to the conclusion that see a repeat of the drug epidemic of the not wholly a coincidence that the ex- we ought to be doing more in the field late 1960’s and 1970’s that claimed so plosion in drug use also accompanied of education. many lives. It was an epidemic that de- the explosion in crime throughout I yield the balance of my time back stroyed so many young people and, of America. It is no coincidence that the to the Senator from Nebraska. course, it brought a cycle of enduring devastation of our inner cities, already Mr. EXON. Madam President, I am pain to their respective families. suffering a host of problems, was a not sure we have any more speakers. Of course, I do not believe that we product of crack. We may have some more. I note that can afford to remain silent. It is not a We learned, the hard way, that there Senator GRASSLEY is waiting. I have responsible policy to be silent. It cer- was no heroic individual drug user. talked with him, and he is not going to tainly is not effective leadership to There were just people. Ordinary peo- talk on the budget per se. I simply in- preside over a repeat of what we know ple. Most of them kids. We found that quire of the Republican side, are there to have been a social disaster of epic they listened to what adults said. We any other speakers on the budget? Sen- proportions. To today’s ears, this may found, to our sorrow, that drugs ator GRASSLEY has another subject he sound like exaggeration, but a brief re- worked. We discovered that when you would like to address as in morning minder might serve to make the mem- make drugs widely appealing in large business. Senator SMITH is on the floor. ory fresh in our thinking. quantities at affordable prices more Is he here to talk about the budget or Before the 1960’s, we had virtually no people will use drugs. Being a commer- another matter? major problems in this country with il- cial and trading people, this should not Mr. SMITH. Madam President, I am legal drug use. Then, beginning in the have been a surprise, but under the here to talk about Senator DOLE when mid 1960’s, the notion became current spell of the drug culture, we ignored the Senator is finished on the budget that drug use was not so bad, that our experience. matter. drugs were your friend. It became com- We learned, to our profound regret, Mr. EXON. All right. I will just pose mon to hear the refrain that drug use that dangerous drugs were illegal for a a question to the leadership on that was a personal choice that did no harm reason. We learned that they were ille- side of the aisle. Since there are other to anyone. That drugs could be used re- gal because they were dangerous, not Senators wishing to proceed on other sponsibly. That making drugs legal dangerous because they were illegal. matters, maybe we could close down would end crime. We learned that increased use leads to the debate on the budget and proceed Hollywood picked up this theme and more addiction and to all of the collec- as in morning business. replayed it in countless movies. Music tive woes that come with it. We Mr. GRASSLEY. If the Senator will and cultural leaders made drugs fash- learned these lessons because we ig- yield, I had a discussion with Senator ionable and exciting. Even government nored reality. we disparaged common DOMENICI on that point. He asked me if got into the act. By the mid and late sense. And we paid the price. I was going to be here. It was his un- 1970’s, a number of States had decrimi- The first people to recognize the true derstanding on our side of the aisle nalized marijuana use and lowered the extent of the consequences were par- that there was no more reason to drinking age to 18. Federal authorities ents. It was not some mythical Every- speak. He spoke of two or three people began to talk about responsible drug man that was using drugs, it was their on your side of the aisle. When that use. Government experts accepted the kids. In alarming numbers. Parents was done, he figured that the debate on notion that cocaine was not addictive. began to fight back. In doing so, they the budget was done for today. That marijuana use did not lead to so- enlisted the government. Finally, be- Mr. EXON. Well, I have just been called harder drugs. As the chorus on ginning in the early 1980’s, we made ex- handed a note that Senator LAUTEN- the wonders of drugs increased, dis- traordinary strides in reducing use. BERG is on the way over. I would like to senting voices were drowned out. Con- That meant we got more kids to just close off debate on the budget, if I trary opinions were overruled as say no to drugs. Remember that might. I do not want to cut people off. unenlightened holdovers of a repressive phrase? It may have been laughed at by I guess the best thing for me to do to past that had to be dismissed. some, but it worked. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6073 We still had the horrible legacy of working. It is important to examine You can actually count on your fin- our misdirected and ill-informed past, the record of the administration’s drug gers on one hand the number of times but we made real strides in reducing policy and what seems to be happening the President mentioned drugs in the use. By the earlier 1990’s, we had a with the drug problem. We need to re- first 3 years of his administration. We comprehensive strategy that addressed mind ourselves of where we were and need to ask ourselves if this silence both supply and demand. We had suc- the road we took to get where we are was accidental, was an oversight, or ceeded in persuading rising generations now. I have been detailing this issue in was a matter of deliberate policy. Even of young people that drug use was both the past. The last time I did it was just a policy defined by an absence of mind, dangerous and wrong. Except for hard- before the Memorial Day recess. At however, is still a policy. And, of core addicts—our legacy from accept- that time, an esteemed colleague of course, as we all know, choices have ing the lie that drugs are OK—we were mine asserted that I was using my re- consequences. winning the struggle against drugs. marks to play politics in an election Taken together, these decisions rep- Then, somewhere, somehow, we lost year. resent more than just a minor restruc- our way. I do not want to question my col- turing of programs that were working. Somewhere, the silence set in. We re- league’s motives for raising that par- Even though spending on counter drug placed ‘‘Just Say No’’ with ‘‘Just Say ticular concern. I trust that her re- efforts remained fairly steady, there Nothing.’’ We came to a crossroads and marks on the administration’s records was a significant shift in emphasis. took a wrong turn. We have seen the were made because she is concerned as There was a very significant dropoff in consequences. In the past several well as I am with the issue and not rhetoric about the drug problem, and years, drug use among kids is on the with the circumstances. Certainly, in there was a significant decline in inter- rise. More seriously, their attitudes sponsoring very recently a legislative diction and enforcement efforts. These about the dangers of drugs are chang- initiative that addressed a Clinton ad- have been documented in a number of ing—for the worse. An increasing num- ministration policy of letting drug news reports, a number of congres- ber of kids no longer see drug use as smugglers go, she herself is aware of sional studies, and even in information dangerous or wrong. Moreover, to fill some of the shortcomings of that provided by this administration. the silence, the tragic chorus of legal- record. Unfortunately, in her remarks Leading Democrats and Republicans ization has returned. Once again the after I made my remarks that day 2 in the last several years have also airwaves are filled with the sounds of weeks ago, she did not address many of noted the silence from the President on the wonders of drug use. Once again we the issues that I raised. In addition, the drug issue. Their conclusion was are assured that drug use is a personal she, too, seems to have found it dif- that the bully pulpit lost its chief rep- choice that harms no one. Once again ficult to set the record straight based resentative. we are told that enforcing our laws are on the record. Many of her remarks Unfortunately, as this silence pro- the cause of our problems. Once again dealt with administration initiatives gressed, the voices for legalization of we hear the refrains of drugs are OK. that are only indirectly concerned with drugs gathered steam. Silence at the The question we ought to be asking drug policy. White House, a maddening echo around ourselves, is how, after all the progress It is, therefore, useful to review the the issue for legalization. we were making, do we find ourselves record of both actions and words that Not since the 1970’s have we seen this back where we began? How is what we took us down the path that we are on much voice, this much effort about the are doing today different from just a today, in other words, the path that clamor to make drugs more widely few years ago? Are we doing anything changed dramatically from the 1980’s available. And, disturbingly, the re- different? No matter what road you fol- up until about 1991 or 1992. newed call for drug legalization comes low to get to the answers to these ques- Here we can see three major dif- first from within the administration it- tions, it seems to me, that you come ference in present policy from our ear- self. It came from no less a person than back to the same crossroads. We need lier successful efforts. First, at the be- the Surgeon General of the United to retrace our steps, to put our feet ginning of the Clinton administration, States, a position that carries great back on the right road. we saw a decision to lower the profile moral weight and an opportunity to Examining recent drug policy and ef- of the drug czar’s office. That was ac- lead. forts from the 1980’s and early 1990’s, complished by firing over 80 percent of At the time, the startling remarks of several major differences emerge. To- the staff in the first weeks of the new Joycelyn Elders may have received day’s drug strategy funding is quite administration and by appointing a no- only a minor rebuke from the White similar to its immediate predecessor. profile drug czar. We should ask our- House. Whatever might have been said After the initial major increases in selves if that decision tells us anything or done to counter the efforts of the Federal drug funding in the first years about the intent of a new administra- Surgeon General’s remarks remain un- of the Bush administration, the budget tion. said. Oh, yes, I know she was fired, but to fight the drug war has increased on Second, we saw a decision by this ad- the rest, as they say, is history. average about 5 to 6 percent per year. ministration to shift the counter drug Now, if choices have consequences This rate of increase holds true for efforts away from interdiction and en- and if policies have purposes, we should both Democratic- and Republican-con- forcement to treatment. This was, in ask ourselves what we see as a result of trolled Congresses. So, if funding has fact, an upfront announced policy of these choices and policies of recent been fairly consistent, we need to look this administration. It would seem to years. Here is the current record. elsewhere for the changes in policy tell us something about priorities and After a decade of decline in drug use, that might account for the dramatic about desired outcomes. The con- we see startling new figures of return- changes in our domestic drug situation sequences of that decision have been a ing use of drugs. Every survey, includ- in the past 3 years. When we look at steady decline in our interdiction ef- ing the most recent hospital emer- the problem from this perspective, forts and a decline in prosecutions of gency room studies released just last what we see as the major changes come major drug offenders. It would seem we week, show a returning drug problem. not in money but in emphasis. Empha- are getting what we should have ex- Teenage use is on the rise. Teenage at- sis on how the money is spent, and on pected. titudes about the dangers of drug use the public posture of the administra- Third, we saw a decision by the have changed for the worse. Emergency tion on the drug issue. President to absent himself from the room admissions are rising. Calls for Now, we need to ask ourselves if we drug issue. In this regard, I have noted drug legalization and efforts to accom- intend to accomplish anything by the the need for clear, consistent leader- plish it abound. policies we pursue. If we do, then we ship on this issue, but a number of our The bottom line is that more kids are ought to be able to look at the results colleagues, both Democrat and Repub- starting to use drugs. Presumably, and draw some conclusions about lican, have noted a deafening silence in these outcomes were not the intent of whether our efforts are producing the the past, coming from the White House the policies stated or left unstated, as results we want. If they aren’t, then we on the issue of drugs. This is in sharp I have mentioned. If that is true, then might conclude that something isn’t contrast to previous administrations. we are drawn to the conclusion that S6074 CONGRESSIONAL RECORD — SENATE June 11, 1996 these efforts are either a failure or, at er, Senator Bob DOLE, who, as we all In all the tough battles we have here, least, ineffective, and we have some know, is leaving the Senate today, he still finds that humor, which has al- further evidence that this view is June 11, 1996. ways been a remarkable characteristic. shared by the administration. As a former history teacher, I could So he is leaving the Senate. But he In the last several months of an elec- not help but sense the historical sig- left today after that speech with the tion year, the administration has nificance of this day. It really was a longest applause that I have ever seen changed its course very dramatically flashback to the old days of the great given anyone in this Chamber or in the on drug policy. The President has oratory that took place on the Senate House Chamber. I have seen Presidents named a new high-profile drug czar. He floor, with the likes of Calhoun and when we have gone to the State of the has agreed to restore the personnel, Clay and others, when Bob DOLE took Union—great Presidents—receive a lot that 80 percent cut I spoke about that the podium that he so many times has of ovations. I have never seen anybody came in 1993 in the drug office, to re- stood at and addressed the U.S. Senate. receive a longer ovation than BOB DOLE store that personnel. We have given the You could hear a pin drop in the Cham- received here today, and that is a trib- money to do that. He has agreed to ber and in the gallery, not always the ute to this great man who was elected beef up spending on interdiction and case here on the Senate floor, with a to the House of Representatives where, enforcement, and he has made himself lot of hustling and bustling and talking Madam President, you and I both more visible on the drug issue. and people not paying attention. served together. He was elected in 1960 These changes may smack of an elec- That was not the case today. Senator and served four terms in the House be- tion-year conversion, but they cor- BOB DOLE took that podium, addressed fore he was elected to the U.S. Senate, respond exactly to the problems in the the country, the Chair, his colleagues which really has come to be, the past policies that I noted earlier. They seem and friends, many, many staff in the 27 years, his home. to indicate an awareness of a problem. galleries, and the Chamber was hushed But he gave nearly 36 years of service I leave it to others to determine wheth- and quiet and everybody was listen- to the State of Kansas and to the peo- er this shift is too little, too late. I ing—as well they should, Madam Presi- ple of the United States of America. leave it to others to decide whether the dent, because when the history books When you think about that many years shift is as a result of political conven- are written, they will write about the of public service and reflect on the fact ience in an election year. But what we great Senators who have occupied this there is not one word or taint of scan- all need to know and remember is that Chamber: Henry Clay, John C. Cal- dal in any way, shape, or form, an un- when it comes to drugs, we find our- houn, Bob La Follette, Robert Taft blemished, perfect political record, it is selves back in a familiar and dangerous and, yes, Daniel Webster. Daniel Web- remarkable. neighborhood. We took a wrong turn ster used this very desk, Madam Presi- He served his country and the Senate and have ended up on a dead-end street. dent, that I now have the privilege of and the people with humor, with hu- We have been here before, and we can- speaking from. mility, and we will never forget him. not afford to stick around a dead-end It reminds me that we are just a brief His wife, Elizabeth, who has been by street. blip on the radar screen of time; here his side for so many years, is such a I yield the floor. for only an instant. But BOB DOLE is gracious woman and such an asset to The PRESIDING OFFICER. The Sen- one of the great ones, and he will be re- BOB DOLE. Those who serve here know ator from Nebraska. membered as one of the great ones. how important the support of your Mr. EXON. Madam President, if I un- As a history student, I tried to catch family is as you put in the long, long derstand the parliamentary situation, a sense of what was happening. I hours that we have to endure in the we went, temporarily, off the budget looked at faces, watched people in this Senate. resolution so the Senator could speak Chamber, as I watched, at the same BOB DOLE said today in his remarks, as in morning business. Is that correct? time, Senator DOLE. Without singling ‘‘My word is my bond.’’ That is what it The PRESIDING OFFICER. That is anybody out by name, I could not help is all about. It is character. It is integ- correct. but notice one page, a young lady, rity and character. If you leave here, f standing here on the floor of the Cham- the legacy you leave, if no one says ber during that speech and after the anything about you other than when he UNANIMOUS CONSENT speech with tears running down her gave his word he kept it, you cannot do AGREEMENT cheeks. It really was a very moving any better than that. Mr. EXON. I have cleared this on tribute to the kind of person BOB DOLE I tried to think about what I might both sides of the aisle. Following the is, because he commands the respect of say here as my tribute in my own way, remarks by the Senator from New not only his colleagues but every single because so many people have so many Hampshire, I ask unanimous consent man, woman, youngster, page. He could wonderful things to say about this that we return to the budget resolu- talk to a page as easily as he could great man. I just want to share a cou- tion, and I yield 15 minutes at that talk to a President or world leader. ple of personal things, because they are juncture to the Senator from New Jer- That is what makes him such a great important to me and I think it cap- sey. man. tures my feeling about BOB DOLE. Following the completion of the 15 Today, he left the Senate to move on I come from a military family. My minutes of the Senator from New Jer- to other things. I remember many emo- father served in World War II as a sey, I ask unanimous consent that the tional private goodbyes that he shared naval aviator and was killed at the end remainder of time on both sides on the with his colleagues. I remember when of the war, leaving my mother as a budget resolution be retained and set we had the meeting when he told us he widow to raise my brother and me. She over until tomorrow, and that there be was leaving. Most of us did not expect did that alone. I lost my dad, as I say, no further action following the re- him to do it. If we were honest, we in World War II, and BOB DOLE nearly marks to be offered by the Senator would say we did not expect him to say lost his life in that same war. Severely from New Jersey. that. We thought he might leave the injured, he had to fight his way back, The PRESIDING OFFICER. Without leadership post but not the Senate. But not only from the brink of death but objection, it is so ordered. when he did it, and the way he told us, after that, paralysis, and became a U.S. Mr. EXON. I thank the Chair. we knew it was the right thing. We Senator. The PRESIDING OFFICER. The Sen- knew it was right, because he needed to But we, the sons and daughters of ator from New Hampshire. be out there debating, not other Sen- that generation, those of us who had f ators on the floor of the Senate, but parents who were in that war, World the President of the United States for War II, we know, we are grateful. Per- TRIBUTE TO MY FRIEND, the Presidency. We all knew that. haps we know and are a little bit more SENATOR BOB DOLE Today, I think you saw with the type grateful than others for what they did Mr. SMITH. Madam President, today of speech that BOB DOLE gave the kind and the sacrifices they made and how I rise to join so many of my colleagues of person he is: humble, gracious, and important they were to save the world in a tribute to my friend and my lead- humorous, that great sense of humor. from tyranny. It took heroes like BOB June 11, 1996 CONGRESSIONAL RECORD — SENATE S6075

DOLE—and he was a hero, he is a hero afterwards and said, ‘‘Did Senator me, ‘‘You know, my Elizabeth would —it took heroes like BOB DOLE to make DOLE know your parents?’’ I said, ‘‘I really like to go water-skiing. But we that happen. We owe him, and thou- think he did. I really think he did.’’ would really not like to have a crowd sands of others like him, a huge debt of So holding BOB DOLE in the esteem I around. Could you arrange that so that gratitude for their service and their do, I was honored that only 8 months we didn’t have to have a bunch of peo- sacrifice to our country, because when into my first term in the Senate, Sen- ple with cameras so she could relax and the call came, they stepped up and ator DOLE selected me to be vice chair- enjoy herself?’’ And we did. She is a they stopped tyranny. man of the Senate Select Committee great water-skier, too. So BOB DOLE did not get here the on POW/MIA Affairs. It was a great So, Madam President, I join my col- easy way. We hear a lot of stories honor for me to serve in that capacity. leagues in saying farewell, but not about how everybody in the Senate is I shall always be grateful to BOB DOLE goodbye, to BOB DOLE. The last thing I rich and everybody gets here the easy for giving me that opportunity. Of said to Senator BOB DOLE on the floor way and you live this great life, but course, he also selected me for the Eth- of the Senate, as I shook his hand after BOB DOLE made it the hard way. You ics Committee, and I may hold that his remarks, was, ‘‘I’ll see you at your cannot help but admire and respect a against him for a little while. swearing in for President on the West man like that. But, Madam President, in 1994, I had Front of the Capitol on January 20, I turned to him in 1993 to be a part of another moving experience. I attended 1997.’’ He said, ‘‘I’ll be there.’’ I said, ‘‘I one of the most personal and meaning- the 50th anniversary commemoration know you will, Mr. President.’’ I have ful experiences of my entire life, and I of D-day at Normandy. I saw there a been proud to serve with BOB DOLE in want to share that with my colleagues sight that I will never ever forget. My the U.S. Senate. I will be prouder still and with the American people. wife Mary Jo and I went, and BOB DOLE next year to fight as a Senator to help When my father died in 1945, it was 2 went as well. He retraced his steps in President BOB DOLE pass the agenda days before my fourth birthday, so I Italy. To see him there back with those that he dreams about for America. only have two memories of my dad. My people who helped to save his life, and Thank you, Madam President. brother has no memories of our dad, to walk those hills where he was Madam President, I ask unanimous because he was less than a year old. I wounded, and then to go to Normandy consent that the letter that Senator had always wanted to have my father after he left Italy, to the beaches of DOLE read at my parents’ funeral be buried at Arlington, but I never wanted Normandy with those rows and rows printed in the RECORD. to bring that subject up with my moth- and rows of crosses, and to think of the There being no objection, the mate- er because he was not buried at Arling- sacrifices, and men in wheelchairs, rial was ordered to be printed in the ton and I did not want to put my moth- men with lost limbs, hugging, saluting RECORD, as follows: er through that experience of having this man—it was a great honor just to A TRIBUTE TO LT. COMMANDER DONALD his remains moved from where he was be there for the celebration of Nor- SMITH AND MARGARET ELDRIDGE buried in New Jersey to come here to mandy, but to be there in the company SMITH, ARLINGTON NATIONAL CEME- Arlington where I believe he would of BOB DOLE, I shall always be grateful TERY, BY SENATOR BOB DOLE, MAY 24, have liked to have been laid to rest. So to Senator DOLE for giving me that op- 1993 I put it off. portunity. I have never seen such admi- Members and friends of the Smith family; Then in May 1993, my mother passed ration, gratitude, respect, and love as I never knew Lt. Commander Donald Smith, there was for that man. They loved but we shared a great deal in common. away. She used to say she was a one- We were of the same generation. We served man woman, and she was. She never re- him. They absolutely loved him. Another just little thing, but last together in World War II—he flew the skies married after she lost my dad. But she summer I had two young interns, just of the Pacific, and I walked the hills of Italy. always would go by the cemetery and And since I’m from Kansas, I note with pride college kids, Jennifer Kilgus and Greg she would say, ‘‘Put me there with him that Lt. Commander Smith served aboard Annis. They were walking down the so that we can be together forever.’’ the U.S.S. Wichita. When I made the decision to bury my corridor of the Capitol, just taking a The author Herman Wouk wrote that ‘‘If parents—both of them—at Arlington walk. They decided to stop in to the America is still the great beacon in dense majority leader’s office just to say gloom—then we still need heroes to stand National Cemetery in May 1993, I asked they went in there, hoping maybe they guard in the night.’’ Senator DOLE if he would have the Like so many others before and after him, might have the chance to meet BOB time to come and give a few remarks at Lt. Commander Donald Smith stood guard in DOLE. that service. Within a matter of min- the night. And like so many others, he made Not only did he agree to see them the ultimate sacrifice. utes, the response came back: ‘‘Of with no appointment, but in the midst course.’’ He was and he is an American hero, and it of a very busy schedule he spent 15 is very fitting that he has been brought here, I asked BOB DOLE to say just a few minutes talking to them, two young this final resting place of American heroes. words. I listened as this man made con- interns in his office, giving them the There is another name we add today to the nections to my parents that I just thrill of their lives. That is the kind of list of heroes at Arlington. The name of Mar- could not believe anyone could do so man BOB DOLE is. That is why there garet Eldridge Smith. spontaneously. He did not know my were tears in the eyes of that page Throughout our history, as American sol- mother. He did not know my father. diers have ‘‘stood guard in the night,’’ their when BOB DOLE said he was leaving. family members have ‘‘stood guard’’ here at But I listened to BOB DOLE say very Finally, Madam President, as the movingly of how my father had stood home, supporting their country and their senior Senator from New Hampshire, I military in countless ways. guard in the night and how he had cannot help but note that somehow When Margaret Eldridge married Donald made the ultimate sacrifice. I listened BOB DOLE has managed to spend quite Smith, she did so knowing there would be as he spoke of how my mother had a bit of time in New Hampshire over times when they would be separated by miles stood guard here at home when my fa- the past few years. He lost a tough pri- of land and ocean. ther went away to war. I listened, mary in New Hampshire but went She also knew that the time might come, as it did in 1945, when they would be sepa- Madam President, and I knew how across the Nation with a stunning se- proud my father and mother were, rated by more than just territorial limits. ries of smashing primary victories as And for the past half century, Margaret looking down from Heaven to see this he won the Republican nomination for Smith honored her husband and her country American hero, BOB DOLE, speaking at President. Gracious in defeat and gra- by continuing to stand guard. their memorial service in Arlington cious in victory. She raised a family on her own, bringing National Cemetery. He has been to New Hampshire just up two fine sons who would both serve their He even made the connection my dad to enjoy its beautiful lakes and moun- country in the military and in government. served on the U.S.S. Wichita,. He said, tains and countrysides. Perhaps, She, too, is an American hero. ‘‘Any man who would serve on the I am very honored to be here this after- Madam President, you never know, noon, as these two heroes are reunited for- U.S.S. Wichita,, named after a city in there might even be a summer White ever, and the best way we can honor them is Kansas, had to be a great man.’’ He House in New Hampshire someplace. to continue to love freedom, to love our made that ceremony so personal that Final anecdote. I remember Senator country, and to always ‘‘stand guard through many of my relatives came up to me DOLE, I believe 2 years ago, saying to the night.’’ S6076 CONGRESSIONAL RECORD — SENATE June 11, 1996

Mr. LAUTENBERG addressed the we will miss BOB DOLE. We will miss We are here to provide help and vi- Chair. his experience and we will miss his wis- sion for our people in the next century. The PRESIDING OFFICER. The Sen- dom. I wish him well—not quite as well Simply, we are here to protect our citi- ator from New Jersey. as the Senator from New Hampshire, zens’ life quality, to protect our econ- Mr. LAUTENBERG. I thank you, but that is in terms of the upcoming omy, to protect our Nation, to protect Madam President, for recognizing me Presidential election—I wish him, per- our society. This budget does not ac- for some comments on the budget rec- sonally, well and I wish him and his complish those objectives. It will hurt onciliation. family many good years of enjoyment those aspirations. f and good health. Madam President, unfortunately, TRIBUTE TO BOB DOLE f some in the other party believe Gov- ernment is evil. I say this because a Mr. LAUTENBERG. Madam Presi- CONCURRENT RESOLUTION ON very distinguished Republican, a Re- dent, I will take just a couple of min- THE BUDGET FOR FISCAL YEAR publican House Member told a very dis- utes beyond that which was allocated 1997—CONFERENCE REPORT tinguished Congressman, Congressman to me by the Senator from Nebraska to Mr. LAUTENBERG. Madam Presi- HENRY HYDE, as I read from the report, say that I, too, listened very intently dent, if I may now take the time allot- ‘‘I trust Hamas,’’ this person said, to Senator DOLE’s remarks today. I was ted to me by the Senator from Ne- ‘‘more than I trust my own Govern- touched and moved by them. braska, I want to talk about the con- ment.’’ Hamas—a terrorist organiza- I will not go into his record, and I ference report on the budget resolu- tion with programs designed to kill in- will not go to any length, but I want to tion, this budget that makes such deep nocent people, men, women, and chil- say that BOB DOLE is someone whom I cuts in Medicare, Medicaid, education, have admired over the years, with dren. What an odious comparison. and the environment. My view is we whom I have worked very smoothly. Madam President, what government is ought to reject it and start over. this person talking about? Could it be When he said it, he meant it. When he Before I make specific comments meant it, he said it. That is the way he the American Government? Our demo- about the budget, I want to frame it in cratically elected Government? operated. terms of the historical perspective. The He is part of a generation, of which I Excluding net interest, two-thirds of Federal budget over the last 15 years, also am, and that is the generation of the Federal Government is Social Se- what has happened with it? The fiscal World War II veterans, a dwindling curity, Medicare, Medicaid, veterans records of Presidents Clinton, Bush, group, I regret to say. This year we benefits, and national defense. These will see several leave because, in addi- and Reagan could not be more dif- are the major programs of our Federal ferent. Over a 12-year-period, the tion to Senator BOB DOLE, Senator Government. I repeat, Social Security, Reagan and Bush administrations in- HATFIELD, and Senator HEFLIN will Medicare, Medicaid, veterans, national leave, and the group tightens and curred $2.3 trillion of debt. In fact, if defense. Are these evil programs? Are shrinks. It is not a very pleasant pros- we did not have to pay the interest on they equivalent to Hamas terrorist at- pect to contemplate. But, nevertheless, the debt racked up in these 12 years, tacks? I do not get the connection, but it is a decided loss to take away the ex- the budget would be in balance this I resent, terribly, the words that are perience, the knowledge, the reflection year. Not once did President Reagan or used. Whatever one thinks about mis- of those who served in World War II at President Bush propose a balanced takes or poor performance of our Gov- a time when America was a much dif- budget. ernment, this Government and this ferent place, at a time when the values Fortunately, President Clinton’s 4- country can never be compared to a were established by tightly knit fami- year record is much different. Presi- terrorist organization. lies, by those who worried about the dent Clinton promised change in 1992 Madam President, the question is no loss of a loved one or the injury of a and he has produced it. Consider the longer whether we will balance the family member in the war. It was a following: The deficit has gone down budget. The question is, how? Who will huge war with somewhere around 14, 15 for 4 straight years. The revised deficit win in programs that are in place? Who million people from our country in uni- figure for the fiscal 1996 year is now will lose if programs are canceled? Fi- form. It touched every family in Amer- $130 billion—by no means a modest fig- nally, whose side is Government on? ica. There was not a family that did ure, but substantially down from where President Clinton has laid out the not have close contact with that war. it was 4 years ago. It is 1.8 percent of right way to balance the budget. His We were also the generation that our gross domestic product. That is the budget reaches balance within 6 years, benefited enormously—enormously— lowest percentage of any industrialized as documented by CBO, but unlike the from an educational program called country. For example, Japan’s deficit Republican version the President’s the GI bill that was afforded to people is more than 3 percent of its GDP; Brit- budget, protects Medicare, Medicaid, like me and many others who serve ain, the U.K., is 7 percent of its GDP; education, and the environment, and it here, where it changed our lives. The Italy’s percentage of debt is 9 percent does not increase taxes on working military experience was one thing. I of GDP. families. The President’s budget not served in World War II, not under the Finally, President Clinton is the first only protects 37 million senior citizens same level of danger that Senator DOLE President to put forward a balanced from deep Medicare cuts contained in or Senator INOUYE served, but people in budget proposal in a full generation. this budget, but it will also, despite re- my unit were killed. It changed our Madam President, budgets are more ports to the contrary in recent days, it lives because of the experience of the than just numbers. A budget is a state- will also make the Medicare trust fund war, the fear, the danger, the detach- ment of values. We are not accountants solvent until the year 2005. It preserves ment from family. When I enlisted in sent to Washington to only crunch the guarantee of Medicaid for 36 mil- World War II, my father was already on numbers. We are here to respond to our lion seniors and disabled persons who his death bed, a man of just 43 years of people’s needs for health security, for rely on those programs. It protects our age. And a family of four became a seniors on Medicare, and Medicaid for Nation’s environment by ensuring full family of two virtually overnight. those who have only that program to funding for the implementation of the But the experience of serving my provide for their health needs. major environmental programs like country, the opportunity to do so, the We are here to encourage educational clean air, clean water, and toxic waste opportunity to get an education, is opportunities for our young people. We cleanups. It makes critical invest- something that ought to be firmly im- are here to be stewards of the environ- ments in education and training, it planted in everybody’s mind in this ment so that the next generation can provides increased funding for pro- place and in this country, where an enjoy clean water, clean air, my grand- grams like Head Start, title I, and safe education can change one’s life, as it children will know about fish in the and drug-free schools. did, I know for so many of my col- water, and not be afraid to go to a tap Finally, the President’s budget main- leagues. Certainly, it did for me. to take a drink of water, or will not tains the earned-income tax credit, Without giving a personal biography, have to be told to stay out of the air which provides tax relief for working that is not my intent, just to say that when playing games or exercising. families who earn less than $28,000 a June 11, 1996 CONGRESSIONAL RECORD — SENATE S6077 year. It allows them to maintain their Both Paul Eaton and I came to reside into the RECORD the balanced budget family needs for basic essentials, for in the foothills of the Catskills as amendment proposals as introduced, in sustenance. adults. Paul came to practice law in order to claim the Senate voted on The Republican budget is much dif- the early 1930’s. And Liz and I bought identical proposals. However, both res- ferent. It is punitive to working fami- our farm in the early 1960’s. And we olutions were subsequently amended in lies and senior citizens. In reality, this have all stayed. The beauty of the different ways. The 1994 resolution was budget resolution ought to be entitled place and the welcoming nature of its modified to limit judicial remedies to ‘‘Extremist Budget, Part II.’’ The huge people have kept us there. declaratory judgments and other rem- Medicare cuts in this budget, combined Paul made Walton his home; he was edies authorized by Congress. This with the proposed structural changes elected village police justice and later modification was dropped altogether in will truly make Medicare wither on the mayor; served in the Office of Price Ad- House Joint Resolution 1, as intro- vine. If the Republican budget is en- ministration during World War II; has duced in 1995. However, this resolution acted, Medicare will become a second- spent over a half century as trustee of was then also amended by the Senate class health care system. The Repub- St. John the Baptist Church; married through the Nunn amendment, which lican budget also eliminates the guar- Frances Kellogg, raised a family; re- prohibited judicial review entirely. antees of Medicaid coverage for sen- mained a loyal Democrat; played golf; I ask unanimous consent that the iors, disabled, children, and pregnant and practiced law. resolutions which were actually voted women. And if I may say, Madam President, upon by the Senate in 1994 and 1996— This budget contains a Republican he has practiced law, and continues to neither of which were inserted into the assault on education. Over 7 years this practice law, in a manner that brings RECORD by the Senator from Okla- budget cuts $60 billion in education and nothing but honor to that profession. homa—be inserted at this point. training, compared to the President’s Paul Eaton is a general practitioner. There being no objection, the mate- budget. This budget continues the Re- He draws wills, handles real estate rial was ordered to be printed in the publican tragedy of the environment. closings, tries cases, and counsels his RECORD, as follows: The budget will cut environmental pro- clients. His reputation as a skillful S.J. RES. 41, 103D CONGRESS—FINAL VERSION grams by 19 percent in the year 2002 lawyer is matched only by his reputa- ON WHICH SENATE VOTED and it will slow down toxic waste tion for honesty and integrity. He is Resolved by the Senate and House of Rep- still at it. For while we will celebrate resentatives of the United States of America in cleanups. Congress assembled (two-thirds of each House Finally, this budget continues the his birthday on the 16th, he will be in concurring therein). That the following article Republican war on working families. his law office on the 17th. This is as it is proposed as an amendment to the Con- At the same time the GOP leadership is should be. We wish him well. Happy stitution, which shall be valid to all intents opposing an increase in the minimum birthday Paul. Madam. President, I and purposes as part of the Constitution wage, they are proposing to increase yield the floor. when ratified by the legislatures of three- taxes on working families who earn f fourths of the several States within seven years after the date of its submission to the under $28,000 a year—harsh and unfair. DEBATE ON BALANCED BUDGET States for ratification: That is why this budget resolution AMENDMENT ‘‘ARTICLE — ought to be called the extremist budget ‘‘SECTION 1. Total outlays for any fiscal part II. Mr. FORD. Madam President, on Fri- day the Senator from Oklahoma [Mr. year shall not exceed total receipts for that Last year, the President vetoed the fiscal year, unless three-fifths of the whole Republican budget because it con- INHOFE] and the Senator from North number of each House of Congress shall pro- tained huge cuts in Medicare, Medic- Dakota [Mr. DORGAN] and I had an ex- vide by law for a specific excess of outlays aid, education, and the environment. change about the inaccuracy of certain over receipts by a rollcall vote. This budget does very much the same, statements made by the Senator from ‘‘SECTION 2. The limit on the debt of the and President Clinton will veto this Oklahoma regarding the debate over United States held by the public shall not be the balanced budget amendment. Dur- increased, unless three-fifths of the whole budget as well. number of each House shall provide by law So as soon as our Republican friends ing that exchange, the Senator from for such an increase by a rollcall vote. show that they can put forth a bal- Oklahoma inserted into the RECORD ‘‘SECTION 3. Prior to each fiscal year, the anced budget like the President’s, one copies of the original versions of Sen- President shall transmit to the Congress a that protects our priorities, we will ate Joint Resolution 41 from the 103d proposed budget for the United States Gov- have a balanced budget—but not until Congress, and House Joint Resolution 1 ernment for that fiscal year in which total from the 104th Congress. The Senator outlays do not exceed total receipts. then. ‘‘SECTION 4. No bill to increase revenue I thank the Chair and yield the floor. from Oklahoma represented that these shall become law unless approved by a ma- Madam President, I suggest the ab- were the two resolutions that we voted jority of the whole number of each House by sence of a quorum. on—Senate Joint Resolution 41, in 1994, a rollcall vote. The PRESIDING OFFICER. The and House Joint Resolution 1, in 1996. ‘‘SECTION 5. The Congress may waive the clerk will call the roll. The distinguished Senator from provisions of this article for any fiscal year The assistant legislative clerk pro- North Dakota indicated that the two in which a declaration of war is in effect. The provisions of this article may be waived ceeded to call the roll. resolutions we voted on were not iden- tical, since language known as the for any fiscal year in which the United Mr. SPECTER. Madam President, I States is engaged in military conflict which ask unanimous consent that the order Nunn amendment was added to House causes an imminent and serious military for the quorum call be rescinded. Joint Resolution 1 regarding judicial threat to national security and is so declared The PRESIDING OFFICER. Without review, and that this was new language by a joint resolution adopted by a majority objection, it is so ordered. from the resolution voted upon in 1994. of the whole number of each House, which (By unanimous consent, the remarks The Senator from North Dakota asked becomes law. ‘‘SECTION 6. The Congress shall enforce and of Mr. SPECTER are printed at an ear- unanimous consent to insert into the implement this article by appropriate legis- RECORD the language which was actu- lier point in today’s RECORD.) lation, which may rely on estimates of out- f ally voted on by the Senate. After the lays and receipts. The power of any court to Senator from Oklahoma twice reserved TRIBUTE TO PAUL F. EATON, SR. order relief pursuant to any case or con- the right to object, the Senator from troversy arising under this Article shall not Mr. MOYNIHAN. Madam President, if North Dakota withdrew his request. extend to ordering any remedies other than I may ask the Senate’s indulgence. On I have since had time to review the a declaratory judgment or such remedies as the 16th of this month, my friend and RECORD, and found that Both resolu- are specifically authorized in implementing sometime counselor, Paul F. Eaton, tions inserted into the RECORD by the legislation pursuant to this section. Sr., of Walton, NY, will celebrate his Senator from Oklahoma were incor- ‘‘SECTION 7. Total receipts shall include all receipts of the United States Government ex- 87th birthday. This is, of course, a rect. In other words, neither of the res- cept those derived from borrowing. Total happy occasion for Paul, his family and olutions which he put into the RECORD outlays shall include all outlays of the Unit- many friends, in our upstate Delaware were actually voted upon by the Sen- ed States Government except for those for County. ate. The Senator form Oklahoma put repayment of debt principal. S6078 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘SECTION 8. This article shall take effect Those who wish to read these can through higher productivity and job oppor- beginning with fiscal year 2001 or with the draw their own conclusions about tunity and growth. Social Security and these second fiscal year beginning after its ratifi- whether I was quoted accurately. other trust funds did not cause the deficit, cation, whichever is later.’’ There being no objection, the mate- and under our amendment they will not be used to hide the deficit either. This is honest HOUSE JOINT RESOLUTION 1, 104TH CONGRESS— rial was ordered to be printed in the budgeting and a workable balanced budget FINAL VERSION ON WHICH SENATE VOTED RECORD, as follows: amendment. BALANCED BUDGET AMENDMENT TO THE SENATOR WENDELL FORD, ACTUAL FLOOR Mr. President, time is short and a vote on CONSTITUTION AS AMENDED BY SENATOR NUNN STATEMENT, MARCH 1, 1994 the Reid-Ford-Feinstein balanced budget ARTICLE — Mr. FORD. Mr. President, I have but a few amendment is near. Unfortunately, I fear SECTION 1. Total outlays for any fiscal year minutes to speak this morning on behalf of that it is not near passage but defeat. Stand- shall not exceed total receipts for that fiscal the Reid-Ford-Feinstein balanced budget ing beside that defeat will be a good faith ef- year, unless three-fifths of the whole number amendment. So I will concentrate my re- fort of those who are truly concerned about of each House of Congress shall provide by marks this morning on trust. the world that we leave for future genera- law for a specific excess of outlays over re- The public trusts the Congress to keep the tions. Standing beside that defeat will be the ceipts by a rollcall vote. Nation’s finances in order. Nowhere is that last attempt of this Congress to face reality SECTION 2. The limit on the debt of the agreement and that trust more evident or and tackle an ever-crippling debt and deficit United States held by the phone shall not be more important than in governing the Social problem. Standing beside that defeat will be increased, unless three-fifths of the whole Security trust fund. faith in Government. I support the efforts of number of each House shall provide by law In the debate over our amendment and the my friend and colleague from Illinois to take for such an increase by a rollcall vote. Simon amendment, honesty and protection on this persistent fiscal dishonesty, but his SECTION 3. Prior to each fiscal year, the of the trust fund have played a very big role. version of the amendment will go down to President shall transmit to the Congress a Right now, surpluses in the trust funds are defeat as well. proposed budget for the United States Gov- being used to hide the true amount of the The Reid-Ford-Feinstein amendment is the ernment for that fiscal year, in which total deficit. The biggest example of this is in So- only amendment that could stand the chance outlays do not exceed total receipts. cial Security, but it is by no means alone in of final passage. We all know that. Yet SECTION 4. No bill to increase revenue shall this distinction. standing by the defeat of yet another bal- become law unless approved by a majority of During the 1980’s, we allowed the Federal anced budget will be my colleagues from the the whole number of each House by a rollcall trust funds to run up huge surpluses. We other side of the aisle. Instead of getting vote. would collect a gasoline tax to fund highway what they could, they will go home proud of SECTION 5. The Congress may waive the taking the supposed moral high ground. If provisions of this article for any fiscal year construction but then not spend it all on highways, thus creating an accounting sur- that is what they want, they can have it. in which a declaration of war is in effect, the What I want and what 70 percent of our Na- provisions of this article may be waived for plus. The problem is, we did spend money elsewhere creating masked deficit and budg- tion’s people want is a sound financial fu- any fiscal year in which the United States is ture. What they will get is more of the same engaged in military conflict which causes an etary illusions. The Simon amendment will allow us to under the Simon amendment, for standing imminent and serious military threat to na- tall at the end of the day will be disenchant- tional security and is so declared by a joint continue to do this. I have a speech in my folder that I made back in October of 1987 ment, dishonesty and fiscal irresponsibility. resolution, adopted by a majority of the I hear so much about ‘‘if 40-some-odd Gov- that addressed this very issue. This particu- whole number of each house, which becomes ernors can operate a balanced budget, why lar speech dealt with the Aviation trust law. can’t the Federal Government.’’ fund. At the time, it represented a $6 billion SECTION 6. The Congress shall enforce and Well, I give them an opportunity. I oper- surplus. implement this article by appropriate legis- ated under it. It worked. We had a huge sur- Mr. President, I say to my colleagues that lation, which may rely on estimates of out- plus when I left the Governor’s office. We that is only peanuts when compared to So- lays and receipts. The judicial power of the had an operating account. We had a capital cial Security. According to OMB, from 1985, United States shall not extend to any case of account. controversy arising under this Article except when the Social Security System started to They say operate like you do at home. At as may be specifically authorized by legisla- run a surplus, to 1993, it singlehandedly cov- home you have income, your salary. That is tion adopted pursuant to this section. ered up $366 billion in Government red ink. your operating account. You buy a car with- SECTION 7. Total receipts shall include all Social Security covered up $366 billion in in your means. You pay that out of your op- receipts of the United States Government ex- Government red ink. erating account. You buy a home. You pay cept those derived from borrowing. Total If you think that is bad, wait until we look that out of your operating account. But your outlays shall include all outlays of the Unit- to the future. From 1994 through the year operating account is always balanced. And ed States Government except for those for 2001, the date that Senator Simon’s amend- we have a time period in which to pay it off. repayment of debt principal. ment would likely take effect, CBO projects They say, ‘‘Oh, we will never implement SECTION 8. This article shall take effect be- another $703 billion in budgetary chicanery, that legislation.’’ How do you know we will ginning with fiscal year 2002 or with the sec- for a grand total of $1.69 trillion worth of de- not? I have seen some amazing things come ond fiscal year beginning after its ratifica- ception. out of this Chamber. I have seen people work tion, whichever is later. When compared with that, the deficit hid- and do the right thing. Mr. FORD. Second, Madam Presi- den by the other trust funds are small pota- I think implementation of this amendment dent, the Senator from Oklahoma and I toes—only another $35 to $40 billion. Pretty will work. I think we can make it work. But had an exchange on the Senate floor soon though, as we have heard in the past, it on the other hand, if we want an issue, fine. because after I heard him quote from adds up to real money. We pat ourselves on Stay with Senator SIMON and Senator my 1994 floor statement, I believe he the back and claim to cut spending and do HATCH. Stay with them and then have an what is right for our electorate, all the while was quoting my statement in an inac- issue when you go home. our Social Security trust fund is full of But do you want a balanced budget amend- curate and distorting manner. The Sen- IOU’s. ment? There are enough votes with those ator from Oklahoma was quoting my Well, I, and those who support our amend- who are supporting that amendment that we statement in support of the Reid-Ford- ment, mean to do something about that. Our can get one. Feinstein amendment which protected amendment respects the pact our Nation Oh, I hear all this, ‘‘The House is going to the Social Security trust funds, and made with its people many years ago. It re- make us do it.’’ I have never seen us make making it sound like I was speaking in inforces it, makes it stronger, safer, and the House do anything. I have never seen the support of the underlying Simon-Hatch more secure. Social Security is exempt from House make us do anything. So when they our amendment, thus securing and fortifying version of the legislation, which does pass their balanced budget amendment, what its position as a separate trust fund. If you is it going to do? It is going to die between not protect Social Security. do not believe me, just listen to the Gray here and there. That is what is going to hap- Madam President, after reading Fri- Panthers, and they will tell you themselves. pen to it. It is going to die between here and day’s RECORD, I found that the Senator I have here three letters to that effect. there. from Oklahoma’s quoting of my 1994 AARP, the National Alliance for Senior Citi- ‘‘Oh, we will be forced into it.’’ Nope. The statement was even more selective and zens, and the National Committee to Pre- House will not do that to us. We will not do misleading than I had first realized. I serve Social Security and Medicare, all en- it to the House. So if you want a balanced ask unanimous consent that my actual dorse Social Security’s treatment under this budget amendment operated like Nebraska full statement, as reproduced in the amendment. was operated, like Kentucky was operated, I Other trust funds will be treated honestly will guarantee you that we can do the right CONGRESSIONAL RECORD on March 1, as well. They will be considered as a part of thing. 1994, and the version quoted by the the capital budget that invests in infrastruc- That is what it is all about here today, to Senator from Oklahoma be printed in ture and development. Building highways do the right thing. We have an operating the RECORD. and airports pays dividends in the future budget. We are going to pay this in 10 years. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6079 The slice is in here. We have IOU’s in the So- anced budget amendment spelling out to witness, first hand, the care and cial Security. We are going to buy it. It is in how much of the Social Security sur- compassion he has engendered within operating. We buy it, pay it off. So Social Se- plus they would count year by year. his parish. I participated in one of the curity is sound. I do not understand why it As I stated last year and again last takes a brain surgeon to understand how you most moving ceremonies of my career operate a budget the away the States do. week, this was an enormous shift in when Father Bill invited me to take And so, Mr. President, I would hope that the interpretation of the resolution part in the opening of the national we would reconsider between now and 3 and a major factor in my decision to AIDS Quilt exhibit which he gener- o’clock this afternoon that this is an oppor- not support the balanced budget ously housed in the church’s parish tunity to pass a balanced budget amendment amendment without further assurances hall. We read the names of those whose that will work and will give us a financially about Social Security. lives were represented in the squares of sound future, not only for ourselves but for It is my hope that debate on the Sen- our children and our grandchildren. the quilt, and I know there wasn’t a I hear my distinguished friend say he is ate floor in the future will be con- dry eye in the crowd. going to do it for his unborn grandchildren. ducted at a level which respects the This is just one example of the com- I have five. The Senator is no ‘‘Lone Rang- opinions of fellow Senators on all is- passion that Father Bill demonstrates er’’. I am just as worried about my grand- sues. It is the least that our constitu- on a continual basis; I know that there children as he is. And I think I have a pretty ents expect of us. are at least 5,000 more stories that re- good idea I have had to work under it. I had f flect the influence that he has had on to operate it. I understand how it works. There are few in this Chamber who do. You FATHER BILL KENNY someone’s life. I am glad that Father will find that most of those will vote for this Bill chose to come back to his home in amendment because it works. Mr. REID. Madam President, one of Las Vegas to fulfill his mission with Do it like the Governors do; pass the Reid the pleasures of working with this body the Catholic church, I am proud to amendment. Do it like you do at home and is the opportunity to recognize the out- have him as my friend, and I congratu- operate your own budget; pass the Reid standing contributions that individuals late him for his 25 years of exemplary amendment. It is just that simple, Mr. Presi- have made in our respective States and service to the people of Nevada. We are dent. in our country. I rise today to recog- I do not know how much time I have re- all better because of him. nize such a person, Father Bill Kenny maining, but I will reserve it. f of Las Vegas. SENATOR INHOFE: QUOTATION OF MARCH 1, 1994 Frequently, people are recognized for THE VERY BAD DEBT BOXSCORE STATEMENT OF SENATOR FORD, JUNE 7, 1996 an heroic action on a specific occasion, Mr. HELMS. Madam President, at So when the Senator from Kentucky came or for a moment of self-sacrifice that the close of business yesterday Mon- in—I had not quoted him, but I will now. He may have saved the lives of people who day, June 11, 1996, the Federal debt said this back on March 1, 1994. He said, ‘‘I were put in harms way. Father Kenny’s stood at $5,134,653,489,857.86. support the efforts of my friend and col- achievement is different; he is a man league from Illinois’’—talking about Senator On a per capita basis, every man, who has devoted his entire life to help- SIMON, who is a very courageous guy, and woman, and child in America owes ing others, and on a continual, daily one I complimented probably more than I $19,372.70 as his or her share of that basis, he gives his energy, his time, and have ever complimented anyone else on the debt. floor yesterday. Senator FORD said, ‘‘I sup- his spirit to his community, to his pa- port the efforts of my friend and colleague rishioners, and to his church. On June f from Illinois to take on this persistent fiscal 19, Father Kenny will celebrate the MESSAGES FROM THE HOUSE dishonesty. I hear so much about if 40-some- 25th anniversary of his ordainment as a odd Governors can operate a balanced budg- Catholic Priest, and I am delighted to At 11:29 a.m., a message from the et, why can’t the Federal Government? I op- House of Representatives, delivered by erated under it’’—this is Senator FORD, who take this occasion to congratulate him was a Governor of Kentucky—‘‘and it on a lifetime of self-sacrifice. Ms. Goetz, one of its reading clerks, an- worked. I think implementation of this Father Bill Kenny is truly an exam- nounced that the House has passed the amendment will work. I think we can make ple of the American dream in action. following bill, in which it requests the it work. I do not understand why it takes a Bill came to Las Vegas as a young boy concurrence of the Senate: brain surgeon to understand how you operate and attended St. Joseph’s Catholic H.R. 3268. An act to amend the Individuals a budget the way the States do. This is an with Disabilities Education Act, to reauthor- opportunity to pass a balanced budget School and Bishop Gorman High School. As a young altar boy, Bill often ize and make improvements to that Act, and amendment that will work and will give us a for other purposes. financially sound future, not only for our- thought about becoming a priest. In- selves but for our children and our grand- spired by his uncle John, a priest who At 2:30 p.m., a message from the children.’’ also served in Las Vegas, Bill entered House of Representatives, delivered by Mr. FORD. Lastly, Madam President, the seminary and afterwards completed Ms. Goetz, one of its reading clerks, an- let me just note that every provision of his studies at the theological college of nounced that the House has passed the the Constitution is subject to interpre- the Catholic University of America on following bills, in which it requests the tation. I am sure that the Senator from a 3-year scholarship. He earned his B.A. concurrence of the Senate: in 1966 and his M.A. a year later, after Oklahoma does not agree with every H.R. 848. An act to increase the amount au- Supreme Court decision interpreting which he was assigned for one year to thorized to be appropriated for assistance for the words of the Constitution—even the North American College in Rome, a highway relocation regarding the Chicka- though it may involve different inter- residence for American students who mauga and Chattanooga National Military pretations of the same language. study at the Pontifical Gregorian Uni- Park in Georgia. In 1994, the distinguished Senator versity. He resumed his studies at the H.R. 3029. An act to designate the United from Illinois, Senator SIMON, gave spe- theological college, and in 1971, he re- States courthouse in Washington, District of cific assurances that he would work in turned to Las Vegas for his ordination. Columbia, as the ‘‘E. Barrett Prettyman support of, and even cosponsor, imple- He was first assigned to serve as as- United States Courthouse.’’ H.R. 3060. An act to implement the Proto- menting legislation to require Congress sociate pastor at St. Annes and then, in col on Environmental Protection to the Ant- to balance the budget without counting 1976, at Our Lady of Las Vegas. The di- arctic Treaty. the annual Social Security surplus. He ocese intuitively knew that, in Father H.R. 3186. An act to designate the Federal even submitted a memorandum from Kenny, they had a man of extraor- building located at 1655 Woodson Road in the Congressional Research Service dinary talent and, in October of 1978, Overland, Missouri, as the ‘‘Sammy L. David with the opinion that it would be legal Father Bill was asked to start a new Federal Building.’’ and appropriate for Congress to pass parish in a growing section of the city; H.R. 3364. An act to designate the Federal such legislation. This memorandum is he became the founding pastor of building and United States courthouse at 235 North Washington Avenue in Scranton, reprinted in the March 1, 1994, CON- Christ the King Catholic Community, a Pennsylvania, as the ‘‘William J. Nealon GRESSIONAL RECORD along with the de- parish that, under his tutelage, has Federal Building and United States Court- bate grown to over 5,000 members. house.’’ By contrast, in 1995 we saw proposals I have had the good fortune to attend H.R. 3400. An act to designate the Federal from leading proponents of the bal- services at Father Kenny’s church and building and United States courthouse to be S6080 CONGRESSIONAL RECORD — SENATE June 11, 1996 constructed at a site on 18th Street between H.R. 3268. An act to amend the Individuals were referred or ordered to lie on the Dodge and Douglas Streets in Omaha, Ne- With Disabilities Education Act, to reau- table as indicated: braska, as the ‘‘Roman L. Hruska Federal thorize and make improvements to that act, POM–575. A resolution adopted by the Sen- building and United States Courthouse.’’ and for other purposes. ate of the Legislature of the State of Hawaii; The message also announced that the f to the Committee on Agriculture, Nutrition, House disagrees to the amendment of EXECUTIVE AND OTHER and Forestry. the Senate of the bill (H.R 3103) to COMMUNICATIONS ‘‘SENATE RESOLUTION NO. 49 amend the Internal Revenue Code of ‘‘Whereas, the Hawaiian islands are among 1986 to improve portability and con- The following communications were the most environmentally sensitive areas in tinuity of health insurance coverage in laid before the Senate, together with the world, containing unique and extremely the group and individual markets, to accompanying papers, reports, and doc- fragile ecosystems; and combat waste, fraud, and abuse in uments, which were referred as indi- ‘‘Whereas, the State’s 150 recognized health insurance and health care deliv- cated: ecosystems are home to more than one-third of the 526 plant species and 88 bird species on ery, to promote the use of medical sav- EC–2982. A communication from the Sec- the United States endangered and threatened ings accounts, to improve access to retary of the Army and the Secretary of Ag- species list; and long-term care services and coverage, riculture, transmitting jointly, pursuant to ‘‘Whereas, conservationists call Hawaii the to simplify the administration of law, notice of an intention relative to the ‘Endangered Species Capital of the World,’ as health insurance, and for other pur- Corps of Engineers project at Applegate three-fourths of the nation’s extinct plant poses, and asks a conference with the Lake, Oregon; to the Committee on Agri- and bird species once lived only on our is- culture, Nutrition, and Forestry. Senate on the disagreeing votes of the lands; and EC–2983. A communication from the Ad- ‘‘Whereas, alien pest species are considered two Houses thereon; and appoints Mr. ministrator of the Agricultural Marketing the single greatest threat to the survival of ARCHER, Mr. THOMAS, Mr. BLILEY, Mr. Service, Department of Agriculture, trans- our native Hawaiian plant and bird species; BILIRAKIS, Mr. GOODLING, Mr. FAWELL, mitting, pursuant to law, the rule entitled and Mr. HYDE, Mr. MCCOLLUM, Mr. ‘‘The Pork Promotion, Research, and ‘‘Whereas, the island of Guam is now de- HASTERT, Mr. GIBBONS, Mr. STARK, Mr. Consumer Information Order,’’ received on void of any and all avian life due to the dev- DINGELL, Mr. WAXMAN, Mr. CLAY, Mr. June 4, 1996; to the Committee on Agri- astation of a well-known alien pest, the CONYERS, and Mr. BONIOR as the man- culture, Nutrition, and Forestry. brown tree snake; and agers of the conference on the part of EC–2984. A communication from the Ad- ‘‘Whereas, 19 new insect species found their ministrator of the Agricultural Marketing way into the environment in 1994, even the House. Service, Department of Agriculture, trans- though the State Department of Agriculture The message further announced that mitting, pursuant to law, the rule entitled inspected 13 million agricultural parcels en- the House has agreed to the following ‘‘Papayas Grown in Hawaii,’’ received on tering the State and intercepted 131 alien in- concurrent resolution, in which it re- May 31, 1996; to the Committee on Agri- sects and 183 illegal animals; and quests the concurrence of the Senate: culture, Nutrition, and Forestry. ‘‘Whereas, on average, 20 new insect spe- H. Con. Res. 153. Concurrent resolution au- EC–2985. A communication from the Ad- cies arrive in Hawaii each year, of which ten thorizing the use of the Capitol grounds for ministrator of the Agricultural Marketing become pests; and the Greater Washington Soap Box Derby. Service, Department of Agriculture, trans- ‘‘Whereas, federal quarantine law gives the H. Con. Res. 172. Concurrent resolution au- mitting, pursuant to law, the rule entitled United States Department of Agriculture the thorizing the 1996 Summer Olympic Torch ‘‘The Tobacco Inspection’’; to the Committee legal authority to inspect baggage and pas- Relay to be run through the Capitol on Agriculture, Nutrition, and Forestry. sengers bound for the mainland from Hawaii Grounds, and for other purposes. EC–2986. A communication from the Chair- in order to protect the mainland’s environ- f man of the Board of Governors of the Federal ment, but does not grant the same authority Reserve System, transmitting, pursuant to to inspect baggage and passengers bound for MEASURES REFERRED law, the report on retail fees and services of Hawaii from the mainland to protect Ha- The following bills were read the first depository institutions; to the Committee on waii’s environment; and and second times by unanimous con- Banking, Housing, and Urban Affairs. ‘‘Whereas, Governor Benjamin J. Cayetano established the ‘Coordinating Group on Alien sent and referred as indicated: EC–2987. A communication from the Direc- tor of the Office of Management and Budget, Pest Species’ (CGAPS), a group comprised of H.R. 848. An act to increase the amount au- Executive Office of the President, transmit- representatives from the State Department thorized to be appropriated for assistance for ting, pursuant to law, the report on direct of Agriculture, State Department of Trans- highway relocation regarding the Chicka- spending or receipts legislation within five portation, Hawaii Farm Bureau Federation, mauga and Chattanooga National Military Hawaii Visitors Bureau, Nature Conservancy Park in Georgia; to the Committee on En- days of enactment; to the Committee on the Budget. of Hawaii, National Park Service, United ergy and Natural Resources. States Department of Agriculture, United H.R. 3029. An act to designate the United EC–2988. A communication from the Acting States Customs Service, United States Fish States courthouse in Washington, District of Director of the Office of Fisheries Conserva- Columbia, as the ‘‘E. Barrett Prettyman tion and Management, National Marine Fish- and Wildlife Service, United States Navy, United States Courthouse’’; to the Commit- eries Service, National Oceanic and Atmos- United States Postal Inspection Service, and tee on Environment and Public Works. pheric Administration, Department of Com- United States Postal Service; and H.R. 3186. An act to designate the Federal merce, transmitting, pursuant to law, the re- ‘‘Whereas, the Governor’s Agriculture Co- building located at 1655 Woodson Road in port of a rule entitled ‘‘Groundfish Fishery ordinating, Committee provided funding for Overland, Missouri, as the ‘‘Sammy L. Davis of the Bering Sea and Aleutian Islands CGAPS efforts to focus public attention on Federal Building’’; to the Committee on En- Area,’’ received on June 4, 1996; to the Com- the need to prevent new alien pest species vironment and Public Works. mittee on Commerce, Science, and Transpor- from entering the State and to control pests H.R. 3364. An act to designate the Federal tation. which are already established; and building and United States courthouse at 235 EC–2989. A communication from the Pro- ‘‘Whereas, as a result of information ob- North Washington Avenue in Scranton, gram Management Officer, National Marine tained through CGAPS efforts, state depart- Pennsylvania, as the ‘‘William J. Nealon Fisheries Service, National Oceanic and At- ments may be proposing specific programs Federal Building and United States Court- mospheric Administration, Department of aimed at accelerating the eradication of es- house’’; to the Committee on Environment Commerce, transmitting, pursuant to law, tablished pest species and improving mecha- and Public Works. the report of a rule entitled ‘‘Atlantic nisms to prevent the introduction of alien H.R. 3400. An act to designate the Federal Striped Bass Fishery,’’ (RIN0648–AH57) re- pest species; and building and United States courthouse to be ceived on June 6, 1996; to the Committee on ‘‘Whereas, state budget concerns will have constructed at a site on 18th Street between Commerce, Science, and Transportation. a serious impact on the agencies which con- Dodge and Douglas Streets in Omaha, Ne- EC–2990. A communication from the Man- tribute to these prevention and control ef- braska, as the ‘‘Roman L. Kruska Federal aging Director of the Federal Communica- forts; and ‘‘Whereas, the costs of these efforts pale in building and United States Courthouse’’; to tions Commission, transmitting, pursuant to comparison to the price we would pay in the Committee on Environment and Public law, a rule relative to FM broadcast sta- terms of losses to industries such as tourism Works. tions, received on June 5, 1996; to the Com- and agriculture which depend on environ- f mittee on Commerce, Science, and Transpor- ment quality, if our environment is not pre- tation. MEASURES PLACED ON THE served and protected; and f CALENDAR ‘‘Whereas, in recognition of the long-term PETITIONS AND MEMORIALS cost benefits of immediate action, funding The following measure was read the for the implementation of those programs first and second times by unanimous The following petitions and memori- may be included in the budgets of those state consent and placed on the calendar: als were laid before the Senate and departments; and June 11, 1996 CONGRESSIONAL RECORD — SENATE S6081 ‘‘Whereas, in addition to programs pro- tation, Hawaii Farm Bureau Federation, Ha- ‘‘Whereas, HING DDR has coordinated with posed by state departments, other CGAPS waii Visitors Bureau, Nature Conservancy of the Hawaii Air National Guard C–130 Squad- members may seek grants to accomplish the Hawaii, National Park Service, United ron to provide airlift support to transport same purposes; and States Department of Agriculture, United the ‘No Hope In Dope Program’ to the outer ‘‘Whereas, the Legislature may appropriate States Custom Service, United States Fish islands; and funds for grants to those private conserva- and Wildlife Service, United States Navy, ‘‘Whereas, HING DDR has coordinated with tion, agricultural, and tourism organiza- United States Postal Inspection Service, and Hawaii Air and Army National Guard units tions; Now, therefore, be it United States Postal Service; and to provide static displays at drug-free pa- ‘‘Resolved, by the Senate of the Eighteenth ‘‘Whereas, the Governor’s Agriculture Co- rades and concerts; and Legislature of the State of Hawaii, Regular ordinating Committee provided funding for ‘‘Whereas, HING DDR volunteers have Session of 1996, That the Governor is respect- CGAPS efforts to focus public attention on trained community leaders, parents, and fully urged to place a high administrative the need to prevent new alien pest species other individuals on being a mentor for the priority on existing pest eradication and pre- from entering the State and to control pests youths who have graduated from the Hawaii vention programs, as well as the develop- which are already established; and National Guard Youth Challenge Program; ment and implementation of new programs ‘‘Whereas, as a result of information ob- and recommended by the CGAPS members; and tained through CGAPS efforts, State Depart- ‘‘Whereas, HING DDR volunteers have been ‘‘Be it further resolved, That the President ments may be proposing specific programs involved with recruiting youths and men- of the United States and the United States aimed at accelerating the eradication of es- tors, and working with the Advisory Com- Congress are respectfully urged to advocate tablished pest species and improving mecha- mittee in support of the Hawaii National legislation and programs to eradicate pests nisms to prevent the introduction of alien Guard Youth Challenge Program; and and prevent their introduction into Hawaii; pest species; and ‘‘Whereas, HING DDR volunteers have and ‘‘Whereas, State budget concerns will have started PRIDE Parent Training, a nine-hour ‘‘Be it further resolved, That certified copies a serious impact on the agencies which con- seminar that will help parents identify the of this Resolution be transmitted to the tribute to these prevention and control ef- signs of possible drug use and gang activity President of the United States, the President forts; and and is designed for parents of youths be- of the United States Senate, the Speaker of ‘‘Whereas, the costs of these efforts pale in tween the ages of seven and seventeen years the United States House of Representatives, comparison to the price we would pay if our of age; and Hawaii’s congressional delegation, and the environment, and therefore industries such ‘‘Whereas, HING DDR has an extensive Governor of the State of Hawaii.’’ as tourism and agriculture which depend on video library on drugs and gangs which is environmental quality, is not preserved and available for home viewing; and POM–576. A concurrent resolution adopted protected; and ‘‘Whereas, HING DDR has educational ma- by the Legislature of the State of Hawaii ‘‘Whereas, in recognition of the long-term terial and activity books on drugs, drug use, programs; to the Committee on Agriculture, cost benefits of immediate action, funding and peer pressure available for parents, Nutrition, and Forestry. for the implementation of those programs teens, and children; and ‘‘HOUSE CONCURRENT RESOLUTION NO. 16 may be included in the budgets for those ‘‘Whereas, HING DDR is a member of the State departments; and Youth Gang Response System-Oahu Team ‘‘Whereas, the Hawaiian islands are among ‘‘Whereas, in addition to programs pro- which is a partnership of government; pri- the most environmentally sensitive areas in posed by State departments, other CGAPS vate agencies, and community groups work- the world, containing unique and extremely members may seek grants to accomplish the ing together to address youth gang and drug fragile ecosystems; and same purposes; and problems in Hawaii in a unified and holistic ‘‘Whereas, the State’s 150 recognized ‘‘Whereas, the State Legislature may ap- manner; and ecosystems are home to more than one-third propriate funds for grants to those private ‘‘Whereas, HING DDR volunteers supported of the 526 plant species and 88 bird species on conservation, agricultural, and tourism or- the Adult Friends For Youth-Moving Up the United States endangered and threatened ganizations; Now, therefore, be it Transition Convention by providing positive species list; and ‘‘Resolved, by the House of Representatives role models to escort youths for the day; and ‘‘Whereas, conservationists call Hawaii the of the Eighteenth Legislature of the State of ‘‘Whereas, HING DDR volunteers supported ‘‘Endangered Species Capital of the World,’’ Hawaii, Regular Session of 1996, the Senate the PACT (Parents and Children Together) as three-fourths of the nation’s extinct plant concurring, That the Governor is respect- Kid’s Day Newspaper Drive; and and bird species once lived only on our is- fully urged to place a high administrative ‘‘Whereas, the Hawaii National Guard’s lands; and priority on existing pest eradication and pre- Drug Demand Reduction Program is commit- ‘‘Whereas, alien pest species are considered vention programs, as well as the develop- ted to fighting this war on drugs through the single greatest threat to the survival of ment and implementation of new programs prevention and education in collaboration our native Hawaiian plant and bird species; recommended by the CGAPS members; and with the community; Now, therefore, be it and ‘‘Be it further resolved, That the President ‘‘Resolved, by the House of Representatives ‘‘Whereas, the island of Guam is now de- of the United States and the United States of the Eighteenth Legislature of the State of void of any and all avian life due to the dev- Congress are respectfully urged to advocate Hawaii, Regular Session of 1996, the Senate astation of a well-known alien pest, the legislation and programs to eradicate pests concurring, That the United States Congress brown tree snake; and and prevent their introduction into Hawaii; is hereby urged to support legislation to sup- ‘‘Whereas, the economic impact of alien and port the Hawaii National Guard’s Drug De- pest species in the State of Hawaii exceeds ‘‘Be it further resolved, That certified copies mand Reduction Program; and $400 million annually, yet the State spends of this Concurrent Resolution be transmitted ‘‘Be it further resolved, That certified copies only $25 million per annum on prevention; to the President of the United States, the of this concurrent resolution be transmitted and President of the United States Senate, the to the President of the United States Senate, ‘‘Whereas, 19 new insect species found their Speaker of the United States House of Rep- the Speaker of the United States House of way into the environment in 1994, even resentatives, Hawaii’s congressional delega- Representatives, and the members of Ha- though the State Department of Agriculture tion, and the Governor of the State of Ha- waii’s congressional delegations.’’ inspected 13 million agricultural parcels en- waii.’’ tering the State and intercepted 131 alien in- POM–78. A joint resolution adopted by the sects and 183 illegal animals; and POM–577. A concurrent resolution adopted Legislature of the State of Idaho to the Com- ‘‘Whereas, on average, 20 new insect spe- by the Legislature of the State of Hawaii; to mittee on Armed Services. cies arrive in Hawaii each year, of which ten the Committee on Armed Services. become pests; and HOUSE JOINT MEMORIAL NO. 8 ‘‘Whereas, federal quarantine law gives the ‘‘HOUSE CONCURRENT RESOLUTION NO. 20 ‘‘Whereas, the 366th Wing at Mountain United States Department of Agriculture the ‘‘Whereas, since October 1, 1994, the HING Home Air Force Base, Idaho, is the Air legal authority to inspect baggage and pas- DDR has conducted 155 activities utilizing Force’s only air intervention composite wing sengers bound for the mainland from Hawaii 249 HING volunteers and 141 civilian volun- providing lethal, integrated air power world- in order to protect the mainland’s environ- teers to reduce the demand for drugs in the wide; ment, but does not grant the same authority State of Hawaii; and ‘‘Whereas, the 366th Wing is unique be- to inspect baggage and passengers bound for ‘‘Whereas, during a twelve-month period cause it is a composite force already built Hawaii from the mainland to protect Ha- (October 1, 1994–September 30, 1995), DDR ac- and trained, ready to fight and intervene waii’s environment; and tivities have reached a total audience of over anytime, anywhere; ‘‘Whereas, Governor Benjamin J. Cayetano 35,818 individuals; and ‘‘Whereas, one of the primary benefits of a established the ‘Coordinating Group on Alien ‘‘Whereas, while working with the Hono- composite wing structure is the opportunity Pest Species’ (CGAPS), a group comprised of lulu Police Department’s ‘No Hope In Dope for aircrews to train every day under more representatives from the State Department Program,’ HING DDR has provided positive realistic conditions, with a variety of air- of Agriculture, State Department of Health, role models to speak to elementary, inter- craft flying multiple missions; State Department of Land and Natural Re- mediate, and high school youths throughout ‘‘Whereas, the 366th Wing exceeded all of sources, State Department of Transpor- the State of Hawaii; and Air Combat Command’s tough standards at S6082 CONGRESSIONAL RECORD — SENATE June 11, 1996 the wing’s first Air Force inspection in July, tion and Management Act, or to enact other propriate circumstances; to the Committee 1995, the first ever for a composite wing and legislation, encompassing a broad range of on Agriculture, Nutrition, and Forestry. the largest in Air Force history; and measures to reduce wanton waste in North By Mr. DASCHLE: ‘‘Whereas, the opening of a training range Pacific Ocean and Bering Sea fisheries, in- S. 1863. A bill to require the Secretary of near Mountain Home Air Force Base is es- cluding harvest priority incentives for clean the Army to acquire permanent flowage and sential to maintain the readiness and strike fishing practices and other management saturation easements over land that is lo- force capabilities of this unique military tools.’’ cated within the 10-year floodplain of the asset: f James River, South Dakota, and for other Now, therefore, be it ‘‘Resolved, by the purposes; to the Committee on Environment members of the Second Regular Session of REPORTS OF COMMITTEES and Public Works. the Fifty-third Idaho Legislature, the House f of Representatives and the Senate concur- The following reports of committees ring therein, That we urge the Congress of were submitted: SUBMISSION OF CONCURRENT AND the United States to pass necessary legisla- By Mr. SPECTER, from the Select Com- SENATE RESOLUTIONS tion to establish and fund the training range mittee on Intelligence, with amendments: at the Mountain Home Air Force Base, S. 1745. An original bill to authorize appro- The following concurrent resolutions Idaho. priations for fiscal year 1997 for military ac- and Senate resolutions were read, and ‘‘Be it further resolved, That the Chief Clerk tivities of the Department of Defense, for referred (or acted upon), as indicated: of the House of Representatives be, and she military construction, and for defense activi- By Mr. NICKLES (for himself, Mr. is hereby authorized and directed to forward ties of the Department of Energy, to pre- DASCHLE, Mr. LOTT, Mr. FORD, Mr. a copy of this Memorial to the President of scribe personnel strengths for such fiscal THURMOND, Mrs. KASSEBAUM, Mr. the Senate and the Speaker of the House of year for the Armed Forces, and for other ABRAHAM, Mr. AKAKA, Mr. ASHCROFT, Representatives of Congress, and the con- purposes (Rept. No. 104–278). Mr. BAUCUS, Mr. BENNETT, Mr. BIDEN, gressional delegation representing the State By Mr. STEVENS, from the Committee on Mr. BINGAMAN, Mr. BOND, Mrs. of Idaho in the Congress of the United Governmental Affairs, without amendment: BOXER, Mr. BRADLEY, Mr. BREAUX, States.’’ S. 1488. A bill to convert certain excepted Mr. BROWN, Mr. BRYAN, Mr. BUMPERS, service positions in the United States Fire Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, POM–579. A joint resolution adopted by the Administration to competitive service posi- Mr. CHAFEE, Mr. COATS, Mr. COCHRAN, Legislature of the State of Alaska; to the tions, and for other purposes. Mr. COHEN, Mr. CONRAD, Mr. Committee on Commerce, Science, and f COVERDELL, Mr. CRAIG, Mr. D’AMATO, Transportation. Mr. DEWINE, Mr. DODD, Mr. DOMENICI, ‘‘RESOLVE NO. 39 INTRODUCTION OF BILLS AND Mr. DORGAN, Mr. EXON, Mr. ‘‘Whereas more fish were discarded in the JOINT RESOLUTIONS FAIRCLOTH, Mr. FEINGOLD, Mrs. FEIN- federally managed fisheries of the North Pa- The following bills and joint resolu- STEIN, Mr. FRIST, Mr. GLENN, Mr. GORTON, Mr. GRAHAM, Mr. GRAMM, cific Ocean than were landed by American tions were introduced, read the first Mr. GRAMS, Mr. GRASSLEY, Mr. fishermen in the North Atlantic Ocean in and second time by unanimous con- 1992; and GREGG, Mr. HARKIN, Mr. HATCH, Mr. ‘‘Whereas, in 1994, 25,881,596 kilograms of sent, and referred as indicated: HATFIELD, Mr. HEFLIN, Mr. HELMS, halibut and 1,866,272 kilograms of herring By Mr. DOLE (for himself, Mr. ROTH, Mr. HOLLINGS, Mrs. HUTCHISON, Mr. were discarded by fisheries in the North Pa- Mr. SIMPSON, Mr. PRESSLER, Mr. INHOFE, Mr. INOUYE, Mr. JEFFORDS, cific Ocean and the Bering Sea; and HATCH, Mr. CHAFEE, Mr. MURKOWSKI, Mr. JOHNSTON, Mr. KEMPTHORNE, Mr. ‘‘Whereas, in 1994, 15,459,253 crab were dis- and Mr. COCHRAN): KENNEDY, Mr. KERREY, Mr. KERRY, carded by fisheries in the North Pacific S. 1856. A bill to establish a commission to Mr. KOHL, Mr. KYL, Mr. LAUTENBERG, Ocean and the Bering Sea; and study and provide recommendations on re- Mr. LEAHY, Mr. LEVIN, Mr. ‘‘Whereas, in 1994, 195,609 salmon were har- storing solvency in the medicare program LIEBERMAN, Mr. LUGAR, Mr. MACK, vested in groundfish fisheries of the North under title XVIII of the Social Security Act; Mr. MCCAIN, Mr. MCCONNELL, Ms. MI- Pacific Ocean and the Bering Sea; and to the Committee on Finance. KULSKI, Ms. MOSELEY-BRAUN, Mr. ‘‘Whereas these discarded herring, crab, By Mr. DOLE: MOYNIHAN, Mr. MURKOWSKI, Mrs. and salmon are resources managed by the S. 1857. A bill to establish a bipartisan MURRAY, Mr. NUNN, Mr. PELL, Mr. State of Alaska that were intercepted in off- commission on campaign practices and pro- PRESSLER, Mr. PRYOR, Mr. REID, Mr. shore federal waters; and vide that its recommendations be given ex- ROBB, Mr. ROCKEFELLER, Mr. ROTH, ‘‘Whereas these resources are the economic pedited consideration; to the Committee on Mr. SANTORUM, Mr. SARBANES, Mr. and cultural lifeblood for many Alaskans Rules and Administration. SHELBY, Mr. SIMON, Mr. SIMPSON, Mr. who depend on the sea for their livelihoods By Mr. GRAHAM (for himself, Mr. BAU- SMITH, Ms. SNOWE, Mr. SPECTER, Mr. and subsistence; and CUS, and Mr. PRYOR): STEVENS, Mr. THOMAS, Mr. THOMP- ‘‘Whereas marine wildlife species in Alaska S. 1858. A bill to provide for improved co- SON, Mr. WARNER, Mr. WELLSTONE, marine waters that depend on fish for food ordination, communication, and enforce- and Mr. WYDEN): are faced with declining populations and a ment related to health care fraud, waste, and S. Res. 258. A resolution to designate the potential listing as endangered species; and abuse; to the Committee on Finance. balcony adjacent to rooms S–230 and S–231 of ‘‘Whereas this continued wanton waste un- By Mr. GRAHAM (for himself and Mr. the United States Capitol Building as the dermines any long-term management strat- BAUCUS): ‘‘Robert J. Dole Balcony’’; considered and egy for sustained commercial, subsistence, S. 1859. A bill to create a point of order agreed to. and recreational fisheries, and places the against legislation which diverts savings f rural communities of Alaska at risk; and achieved through medicare waste, fraud, and ‘‘Whereas efforts to implement severe pen- abuse enforcement activities for purposes STATEMENTS ON INTRODUCED alties against vessels responsible for high other than improving the solvency of the BILLS AND JOINT RESOLUTIONS bycatch and discard rates have failed; and Federal Hospital Insurance Trust Fund ‘‘Whereas minimizing the catch of under- under title XVIII of the Social Security Act, By Mr. DOLE (for himself, Mr. sized fish and reducing wanton waste will to ensure the integrity of such trust fund, ROTH, Mr. SIMPSON, Mr. PRES- conserve fisheries resources for present and and for other purposes; to the Committee on SLER, Mr. HATCH, Mr. CHAFEE, future generations of subsistence users, com- Rules and Administration. Mr. MURKOWSKI, and Mr. COCH- mercial and recreational fishermen, seafood By Mr. MCCONNELL (for himself, Mr. RAN): industries, coastal communities, consumers, DOLE, Mr. MOYNIHAN, and Mr. S. 1856. A bill to establish a commis- and the nation; and LIEBERMAN): sion to study and provide recommenda- ‘‘Whereas fisheries can technically or oper- S. 1860. A bill to provide for legal reform tions on restoring solvency in the Med- ationally reduce waste and the incidental and consumer compensation relating to taking of nontarget species if given eco- motor vehicle tort systems, and for other icare program under title XVIII of the nomic incentives or if appropriate regu- purposes; to the Committee on Commerce, Social Security Act; to the Committee latory measures are applied; be it Science, and Transportation. on Finance. ‘‘Resolved, by the Alaska State Legislature S. 1861. A bill to provide for legal reform THE MEDICARE RESTORATION ACT That the wanton waste now occurring in fed- and consumer compensation, and for other Mr. DOLE. Mr. President, last eral fisheries of the North Pacific Ocean and purposes; to the Committee on the Judici- Wednesday the Medicare trustees re- the Bering Sea is of utmost ecological, so- ary. cial, and economical importance; and be it By Mr. PRESSLER (for himself and leased their report on the state of the ‘‘Further resolved, That the Alaska State Mr. HATCH): Medicare trust fund, and the report Legislature respectfully urges the Congress S. 1862. A bill to permit the interstate dis- was grim. Instead of going bankrupt in to amend the Magnuson Fishery Conserva- tribution of state-inspected meat under ap- 2002, as they previously forecasted, the June 11, 1996 CONGRESSIONAL RECORD — SENATE S6083 trustees conclude that Medicare will go And when the President was asked, Fund and the Federal Supplementary Medi- bankrupt in 2001—just 5 years from not long ago at a news conference, why cal Insurance Trust Fund under title XVIII now. he continued to use these terms even of the Social Security Act; For the past year and a half, this Re- though they are not true, his response (2) identify problems that threaten the sol- publican Congress has attempted to vency of such trust funds; was essentially that the media made (3) analyze potential solutions to such deal honestly and forthrightly with the him do it. problems that will both assure the financial impending Medicare meltdown. With the release of the trustee’s re- integrity of the medicare program under We put forward a budget that would port, the inescapable conclusion is that such title and the provision of appropriate protect, preserve, and strengthen Medi- while the rhetoric flew, Medicare was benefits under such program; care by reducing its unsustainable rate put at further risk. (4) make recommendations to restore the of growth, while still allowing for a And those who say that talk is cheap short-range and long-range solvency of the healthy growth rate. should know that 18 months of mis- Federal Hospital Insurance Trust Fund, to We did not claim that our plan was provide for sustainable growth of the Supple- leading rhetoric may have gained one mentary Medical Insurance Trust Fund, and perfect or that it solved the long-term side points in the opinion polls, it also problem. But it was a real attempt to on related matters as the Commission deems put Medicare another $90 billion-plus in appropriate; and alleviate a crisis that will immediately the red. (5) review and analyze such other matters impact 37 million seniors and disabled The bottom line is that the 37 million as the Commission deems appropriate. Americans, and will have repercussions Americans who depend on Medicare de- SEC. 5. MEMBERSHIP. on tens of millions more. serve better. Future generations of (a) NUMBER AND APPOINTMENT.—The Com- In May 1995, I called for a bipartisan Americans who will need Medicare de- mission shall be composed of 15 members, of Commission to be set up to save Medi- serve better. whom— care similar to the one that saved So- I call on the President to come for- (1) five shall be appointed by the President, cial Security. Unfortunately the White ward and support this bipartisan com- of whom not more than 3 shall be of the same political party; House dismissed the idea and decided mission so we can preserve the Medi- to attack Republican plans to save the (2) five shall be appointed by the Majority care Program and to join with Repub- Leader of the Senate, in consultation with Medicare system. licans on a bipartisan basis, as I have That is why I rise today to introduce the Minority Leader of the Senate, of whom proposed before, to address this very not more than 3 shall be of the same politi- the Medicare Restoration Act to estab- serious problem. cal party; and lish a blue-ribbon bipartisan advisory I send the bill to the desk and ask it (3) five shall be appointed by the Speaker commission to help deal with this cri- be appropriately referred. It is cospon- of the House of Representatives, in consulta- sis. tion with the Minority Leader of the House sored by Senators ROTH, SIMPSON, In my view, leadership means more of Representatives, of whom not more than 3 than just talking about problems. It PRESSLER, HATCH, CHAFEE, and MUR- shall be of the same political party. also means doing something to solve KOWSKI, who are on the Senate Finance (b) COMPTROLLER GENERAL.—The Comp- them. Committee. I certainly welcome addi- troller General of the United States shall ad- This Commission will be responsible tional cosponsors on either side of the vise the Commission on the methodology to for reviewing the current, short-term aisle. This will be a bipartisan commis- be used in identifying problems and analyz- sion. ing potential solutions in accordance with and long-term condition of the Medi- section 4. care Trust funds. The Commission will Mr. President, I ask unanimous con- sent that the text of the bill be printed (c) TERM OF APPOINTMENT.—The members be composed of 15 members appointed shall serve on the Commission for the life of by the President, Senate, and House of in the RECORD. the Commission. Representatives. The members of this There being no objection, the bill was (d) MEETINGS.—The Commission shall lo- commission will be from both political ordered to be printed in the RECORD, as cate its headquarters in the District of Co- parties, because it is clear to me that if follows: lumbia, and shall meet at the call of the Chairperson. we are to be successful we must put S. 1856 (e) QUORUM.—Ten members of the Commis- Be it enacted by the Senate and House of Rep- politics aside and work on a bipartisan sion shall constitute a quorum, but a lesser resentatives of the United States of America in basis. number may hold hearings. Congress assembled, Unfortunately, President Clinton has (f) CHAIRPERSON AND VICE CHAIRPERSON.— been unwilling to do that. SECTION 1. SHORT TITLE. Not later than 15 days after all the members In February 1995, President Clinton This Act may be cited as the ‘‘Medicare of the Commission are appointed, such mem- submitted a budget that contained no Restoration Act of 1996’’. bers shall designate a Chairperson and Vice provisions for saving Medicare. SEC. 2. ESTABLISHMENT. Chairperson from among the members of the In April 1995, the Medicare trustees— There is established a commission to be Commission. known as the National Commission on Medi- three of whom are members of his ad- (g) VACANCIES.—A vacancy on the Commis- care Reform (referred to in this Act as the sion shall be filled in the manner in which ministration—issued their original re- ‘‘Commission’’). the original appointment was made not later port and urged ‘‘prompt, effective and SEC. 3. FINDINGS. than 30 days after the Commission is given decisive action.’’ The administration The Congress finds that— notice of the vacancy. instead chose to attack Republican (1) the medicare program under title XVIII (h) COMPENSATION.—Members of the Com- plans to save the system. of the Social Security Act provides essential mission shall receive no additional pay, al- Last March, the President submitted health care insurance to this Nation’s senior lowances, or benefits by reason of their serv- a budget which, according to the Con- citizens and to individuals with disabilities; ice on the Commission. gressional Budget Office, would only (2) the Federal Hospital Insurance Trust (i) EXPENSES.—Each member of the Com- stave off Medicare’s bankruptcy for one Fund will be bankrupt in the year 2001, and mission shall receive travel expenses and per faces even greater solvency problems in the diem in lieu of subsistence in accordance more year. long-run with the aging of the baby boom with sections 5702 and 5703 of title 5, United It is an undeniable fact that the Re- generation; States Code. publican proposal allowed Medicare (3) the trustees of the trust funds of the SEC. 6. STAFF AND SUPPORT SERVICES. spending per beneficiary to increase medicare program have reported that growth (a) DIRECTOR.— from $4,800 per person to $7,200 per per- in spending within the Federal Supple- (1) APPOINTMENT.—Upon consultation with son over 7 years. mentary Medical Insurance Trust Fund is the members of the Commission, the Chair- It is also an undeniable fact that in unsustainable; and person shall appoint a Director of the Com- their ill-fated health care reform pro- (4) expeditious action is needed in order to mission. posal, the Clinton administration advo- restore the fiscal health of the medicare pro- (2) COMPENSATION.—The Director shall be cated slowing Medicare’s rate of gram and to maintain this Nation’s commit- paid the rate of basic pay for level V of the ment to senior citizens and to individuals Executive Schedule. growth. with disabilities. Despite these facts, however, the (b) STAFF.—With the approval of the Com- SEC. 4. DUTIES OF THE COMMISSION. mission, the Director may appoint such per- President vetoed our Medicare pro- The Commission shall— sonnel as the Director considers appropriate. posal, and we have heard nothing but (1) review relevant analyses of the current, (c) APPLICABILITY OF CIVIL SERVICE LAWS.— attacks on Republicans for slashing short-term, and long-term financial condi- The staff of the Commission shall be ap- and cutting Medicare. tion of the Federal Hospital Insurance Trust pointed without regard to the provisions of S6084 CONGRESSIONAL RECORD — SENATE June 11, 1996 title 5, United States Code, governing ap- fund will be bankrupt earlier than ex- have served for over 35 years, I am pointments in the competitive service, and pected. In fact, the trustees, of which mindful that in many ways the public shall be paid without regard to the provi- three of the six trustees are members has lost confidence in the ability of sions of chapter 51 and subchapter III of of President Clinton’s Cabinet, indicate legislators to represent their interests, chapter 53 of such title relating to classifica- tion and General Schedule pay rates. that the trust fund may run out of not special interests. (d) EXPERTS AND CONSULTANTS.—With the money as early as calendar year 2000. We should not allow this to continue. approval of the Commission, the Director Senator DOLE’s proposal is consistent Representative Democracy, founded on may procure temporary and intermittent with the recommendations of the Medi- fair and competitive elections, is at the services under section 3109(b) of title 5, Unit- care trustees. The trustees recommend: core of what makes America great. ed States Code. * * * the establishment of a national advi- Yet, concern over how we finance elec- (e) STAFF OF FEDERAL AGENCIES.—Upon the sory group to examine the Medicare Pro- tions threatens to erode the trust the request of the Commission, the head of any gram. The advisory group would collect and American people have in our elected of- Federal agency may detail any of the person- disseminate information and help develop nel of such agency to the Commission to as- ficials. recommendations for effective solutions to As my colleagues know, Congress has sist in carrying out the duties of the Com- the long-term financing problem. This work mission. will be of critical importance to the adminis- tried repeatedly to grapple with this (f) OTHER RESOURCES.—The Commission tration, the Congress and the American pub- issue and largely failed. However, I shall have reasonable access to materials, re- lic in the extensive national discussion that continue to believe that the very na- sources, statistical data, and other informa- any changes would require. ture of the problem makes it difficult tion from the Library of Congress and agen- We are now 2 years closer to insol- to resolve in the normal give and take cies and elected representatives of the execu- of the legislative process. tive and legislative branches of the Federal vency of the Medicare trust fund than Government. The Chairperson of the Com- we were at this time last year. We lost In 1990, for example, Senator Mitchell mission shall make requests for such access a year trying to address the problem, and I appointed a six-member commis- in writing when necessary. and the program is 1 more year closer sion of outside experts to look at this (g) PHYSICAL FACILITIES.—The Adminis- to bankruptcy than we expected. Yet, I issue and report back to us, but the re- trator of the General Services Administra- regret, we are miles away from reach- port was unfortunately ignored by Con- tion shall locate suitable office space for the ing an agreement on a solution. gress. operation of the Commission. The facilities Given the very short time that Medi- I suggested in 1994 and repeatedly shall serve as the headquarters of the Com- since then that a similar commission mission and shall include all necessary care will remain solvent, and given the equipment and incidentals required for the large number of baby boomers who will be constituted to report back to Con- proper functioning of the Commission. be joining the Medicare Program in gress, but with an important dif- SEC. 7. POWERS OF COMMISSION. just a few years, we cannot afford more ference. This time, the report should be (a) HEARINGS.—The Commission may con- delay. It is time to put politics aside in the form of recommended legislative duct public hearings or forums at the discre- and find a solution. language which provides a solution and tion of the Commission, at any time and What is happening to the Medicare Congress should have an opportunity place the Commission is able to secure facili- trust fund is pretty basic. The program for an up and down vote. ties and witnesses, for the purpose of carry- is paying out more than it is taking in. As my colleagues know, both Presi- ing out the duties of the Commission. This simple dynamic, if left unchecked, dent Clinton and Speaker GINGRICH en- (b) DELEGATION OF AUTHORITY.—Any mem- will lead Medicare to bankruptcy in dorsed a similar concept last year when ber or agent of the Commission may, if au- thorized by the Commission, take any action less than 5 years. And, simply put, they met in New Hampshire. the Commission is authorized to take by this bankruptcy of the trust fund means I therefore send to the desk a bill section. there will not be money to pay the hos- that establishes an eight-member com- (c) GIFTS, BEQUESTS, AND DEVISES.—The pital bills of our senior citizens and mission of outside experts. They would Commission may accept, use, and dispose of disabled individuals reliant on Medi- have the broadest possible mandate to gifts, bequests, or devises of services or prop- care. think through this problem, come up erty, both real and personal, for the purpose Again, I believe it is time to put poli- with solutions and report back to Con- of aiding or facilitating the work of the Com- tics aside. A Medicare Reform Commis- gress not more than 30 days after the mission. Gifts, bequests, or devises of money and proceeds from sales of other property re- sion is an important step in the right convening of the 105th Congress. ceived as gifts, bequests, or devises shall be direction to bringing together a bipar- The commission will send Congress deposited in the Treasury and shall be avail- tisan, lasting agreement on resolving legislative language for those rec- able for disbursement upon order of the Com- Medicare’s fiscal crisis. ommendations on which seven mem- mission. The 1983 National Commission on So- bers agree. Congress will consider those (d) MAILS.—The Commission may use the cial Security Reform was an essential recommendations under expedited pro- United States mails in the same manner and catalyst to resolving the then-looming cedures that mirror the fast-track au- under the same conditions as other Federal bankruptcy of Social Security. The thorities in our trade laws. agencies. 1983 Commission brought together peo- I know my colleagues will be grap- SEC. 8. REPORTS. ple in a cooperative bipartisan spirit. pling with this issue soon. However, I Not later than June 30, 1997, the Commis- Ultimately, the work of the Commis- believe that it would be better to take sion shall submit a report to the President sion laid the ground for a solution to this issue out of what is already a and to the Congress on the findings and con- the solvency crisis. I believe a Medi- super-heated partisan atmosphere, and clusions of the Commission. care Reform Commission might be able allow a bipartisan approach to be de- SEC. 9. TERMINATION. to do the same today. veloped that Congress cannot ignore. The Commission shall terminate on the date which is 30 days after the date the Com- We are facing a crisis. A crisis re- Mr. President, I ask unanimous con- mission submits its report to the President quires action. We cannot be a govern- sent that the text of the bill be printed and to the Congress under section 8. ment of empty promises. We must re- in the RECORD. SEC. 10. FUNDING. store Medicare to robust health for our There being no objection, the bill was The Secretary of Health and Human Serv- children and our grandchildren. ordered to be printed in the RECORD, as ices shall provide to the Commission, out of follows: funds otherwise available to such Secretary, By Mr. DOLE: S. 1857 such sums as are necessary to carry out the S. 1857. A bill to establish a biparti- Be it enacted by the Senate and House of Rep- purposes of the Commission. san commission on campaign practices resentatives of the United States of America in Mr. ROTH. Mr. President, I rise as a and provide that its recommendations Congress assembled, cosponsor of legislation introduced by be given expedited consideration; to SECTION 1. SHORT TITLE. the majority leader to establish a Na- the Committee on Rules and Adminis- This Act may be cited as the ‘‘Bipartisan tional Commission on Medicare Re- tration. Campaign Practices Commission Act of form. THE BIPARTISAN CAMPAIGN PRACTICES 1996’’. According to the Medicare trustees’ COMMISSION ACT OF 1996 SEC. 2. ESTABLISHMENT. report released last Wednesday, June 5, Mr. DOLE. Mr. President, as I pre- There is established a commission to be the Medicare hospital insurance trust pare to leave an institution in which I known as the ‘‘Bipartisan Commission on June 11, 1996 CONGRESSIONAL RECORD — SENATE S6085 Campaign Practices’’ (referred to in this Act SEC. 6. RECOMMENDATION; FAST TRACK PROCE- of the Medicare trust fund. This legis- as the ‘‘Commission’’). DURES. lation would have two direct contribu- (a) REPORT.—Not later than 30 days after SEC. 3. DUTIES OF THE COMMISSION. tions to reversing that move toward in- The Commission shall study the laws and the convening of the 105th Congress, the Commission shall submit to Congress a re- solvency. regulations that affect how campaigns for First, it would suture a hemorrhage Federal office are conducted and may make port describing the study conducted under recommendations for change. In studying section 3. of funds out of the Medicare trust fund Federal campaign practices, the Commission (b) RECOMMENDATIONS.—The report under which today are going for fraudulent shall consider— subsection (a) may include any recommenda- bills, and not for service to American (1) whether too much or too little money is tions for changes in the laws (including regu- citizens; and, second, it would assure spent trying to influence campaigns for Fed- lations) governing the conduct of Federal that any funds that were recovered as a eral office and whether the funds that are campaigns, including any changes in the rules of the Senate or the House of Rep- result of these more effective inves- spent are sufficiently disclosed; tigations and prosecutions would go di- (2) whether the current laws (including resentatives, to which 6 or more members of regulations) governing campaigns for Fed- the Commission may agree. rectly back into the Medicare trust eral office encourage or discourage those (c) PREPARATION OF BILLS.—If 7 or more fund in order to restore its financial most qualified to hold office from seeking it; members concur on 1 or more recommenda- base. (3) whether the existing system of financ- tions for changes in the way campaigns for Mr. President, unfortunately the ing campaigns for Federal office promotes Federal office are conducted, the members phrase ‘‘fraud, waste and abuse’’ has trust and confidence in the political process agreeing on each such recommendation shall become discredited. It has been used so among the electorate; prepare for each a bill that would implement the recommendation, and the implementing often as an excuse for not dealing with (4) whether the rules governing access to the more difficult and fundamental media ensure that the electorate has the bill shall be submitted with the report under greatest possible opportunity to be informed subsection (a). problems. Unfortunately, the area of of candidates’ positions on the issues; and (d) CONSIDERATION BY CONGRESS.—Each im- Medicare waste, fraud, and abuse is a (5) such other matters as the Commission plementing bill submitted with the report part of the fundamental problem. It considers appropriate. under subsection (a) shall be given expedited has been estimated that of the $180 bil- SEC. 4. MEMBERSHIP. consideration under the same provisions and lion spent last year on Medicare and on in the same way as an implementing bill for (a) COMPOSITION.—The Commission shall be approximately 36 million Americans’ composed of 9 members of the private sector, a trade agreement under section 151 of the Trade Act of 1974 (19 U.S.C. 2191). health care—$180 billion—10 percent, or as follows: $18 billion, was wasted in fraudulent (1) Two shall be appointed by the Majority SEC. 7. TERMINATION. Leader of the Senate. The Commission shall cease to exist 30 activities. (2) Two shall be appointed by the Speaker days after submission of the report under You might ask why is there such a of the House of Representatives. section 6. high level of fraud in this program of (3) Two shall be appointed by the Presi- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Medicare? Some of the reasons include: dent. There is authorized to be appropriated The amount of money that is being ex- (4) One shall be appointed by the Minority $750,000 to carry out this Act. pended is huge—$180 billion and grow- Leader of the Senate. ing; that it is being spent largely on (5) One shall be appointed by the Minority By Mr. GRAHAM (for himself, populations which have groups within Leader of the House of Representatives. Mr. BAUCUS and Mr. PRYOR): it that are vulnerable to these fraudu- (6) A chairperson shall be appointed in ac- S. 1858. A bill to provide for improved lent schemes; that those people who cordance with subsection (b). coordination, communication, and en- (b) CHAIRPERSON.— wish to perpetrate those schemes are forcement related to health care fraud, (1) SELECTION.—Within 7 days after all the sophisticated shysters and there has waste, and abuse; to the Committee on members described in section 3(a) (1) through been lax enforcement. (5) are appointed, those members shall meet Finance. First and foremost, the General Ac- and by majority vote select a chairperson. THE MEDICARE ANTI-FRAUD ACT OF 1996 (2) FAILURE TO MAKE SELECTION.—If, by the counting Office estimates that the date that is 30 days after the date of the Medicare waste, fraud and abuse rip-off meeting described in subsection (b), the of- By Mr. GRAHAM (for himself, rate is about 10 percent. With fraud pil- fice of chairperson is still vacant, all current and Mr. BAUCUS): fering the health systems’ resources, members of the Commission shall be dis- S. 1859. A bill to create a point of losses to Medicare and the federal charged from further service as members of order against legislation which diverts share of Medicaid could be $30 billion the Commission. savings achieved through medicare annually. Using the most conservative (c) VACANCIES.—A vacancy in the Commis- waste, fraud, and abuse enforcement of estimates, we could cover an addi- sion shall be filled in the manner in which activities for purposes other than im- the original appointment was made. tional 2 million seniors a year with (d) COMPENSATION.—Each member of the proving the solvency of the Federal funds lost just to Medicare waste, Commission shall each be entitled to receive hospital insurance trust fund under fraud, and abuse. the daily equivalent of the annual rate of title XVIII of the Social Security Act, Two million additional Americans basic pay in effect for level V of the Execu- to ensure the integrity of such trust could be covered if those funds could be tive Schedule under section 5316 of title 5, fund, and for other purposes; to the properly directed. United States Code, for each day during Committee on Rules and Administra- Although it is increasingly unlikely which the member is engaged in the actual tion. performance of the duties of the Commis- that a Medicare reform package will sion. THE MEDICARE RESTORE TRUST ACT OF 1996 pass this year in Congress, it would be (e) QUORUM.—Six members of the Commis- Mr. GRAHAM. Mr. President, I rise unconscionable to not pass a Medicare sion shall constitute a quorum, and any deci- today to introduce timely legislation waste, fraud and abuse this year. Rath- sion of the Commission shall require the af- with Senators BAUCUS and PRYOR that er than putting Medicare beneficiaries firmative vote of 6 members. addresses the problem of Medicare at risk of losing coverage or access (f) MEETINGS.—The Commission shall meet fraud and abuse. The two bills, entitled with the cuts envisioned in some legis- at the call of the chairperson or at the re- quest of 6 members of the Commission. the ‘‘Medicare Anti-Fraud Act of 1996’’ lative proposals during this Congress, and the ‘‘Medicare Restore Trust Act we should act instead to combat Medi- SEC. 5. STAFF OF COMMISSION; SERVICES. Subject to such rules as may be adopted by of 1996,’’ would undertake serious and care fraud to protect the health care of the Commission, the chairperson, without strong anti-fraud efforts by the Federal beneficiaries and the Medicare trust regard to the provisions of title 5, United Government based in large part on the fund. States Code, governing appointments in the success of the administration’s recent As the Citizens Against Government competitive service and without regard to Medicare and antifraud effort called Waste wrote in their August 23, 1995, the provisions of chapter 51 and subchapter Operation Restore Trust and ensure report entitled ‘‘Medicare Fraud: Tales III of chapter 53 of that title relating to clas- that savings achieved from such efforts From the Gypped,’’ ‘‘Preserving, pro- sifications and General Schedule pay rates, tecting, and strengthening Medicare may appoint such staff personnel as the are returned to the Medicare trust chairperson considers necessary and procure fund. must be the number one priority for temporary and intermittent services to the Mr. President, we have heard in the Congress and the administration.’’ The same extent as is authorized by section last few days some very troubling re- organization details 89 examples in its 3109(b) of title 5, United States Code. ports about the impending insolvency report and advises that waste, fraud, S6086 CONGRESSIONAL RECORD — SENATE June 11, 1996 and abuse is the first area of needed at- which brings together the HHS Office sion of the confidence of the American tack. of Inspector General, Health Care Fi- people. We must take action now. How did this get to be such a prob- nancing Administration, the Depart- At the signing of the Medicare bill in lem? According to the General Ac- ment of Justice, State Medicaid agen- Missouri 30 years ago, President John- counting Office in its February 1995 re- cies, and State Medicaid fraud control son said Medicare had been planted port entitled ‘‘Medicare Claims,’’ units to combat fraud and abuse. This with ‘‘the seed of compassion and duty ‘‘Physicians, supply companies, or di- legislation would institutionalize these which have today flowered into care for agnostic laboratories have about 3 efforts in all 50 States. the sick and serenity for the fearful.’’ chances out of 1,000 of having Medicare The Department of Health and Medicare has lived up to the promise of audit their billing practices in any Human Services recently released re- President Johnson and President Tru- given year. Moreover, Medicare pays sults from the first year of Operation man. But fraud is rotting away at the more claims with less scrutiny today Restore Trust. The program had $4.09 Medicare system. We have the prescrip- than at any other time over the past 5 million to work with and has added tions to combat fraud. Now is the time years.’’ The GAO continues, ‘‘In fiscal $43.2 million to the Medicare trust fund to employ them if we want to save the year 1993, Medicare processed almost and U.S. Treasury: an 11-to-1 return. integrity of Medicare for future gen- 700 million claims, about 250 million This program has been a great success, erations. more than it processed 5 years earlier. but I agree with June Gibbs Brown that Mr. President, I ask unanimous con- sent that the text of the bills be print- Despite the rising volume of claims, this is the ‘‘tip of the iceberg.’’ per-claim funding for antifraud and To provide adequate resources to go ed in the RECORD. There being no objection, the bills antiabuse activities declined between after the fraud and abuse, we establish were ordered to be printed in the 1989 and 1993 by over 20 percent.’’ a Medicare anti-fraud account for the RECORD, as follows: As a result, FBI Director Louis Freeh Inspector General (IG) and an anti- S. 1858 says cocaine distributors in south Flor- fraud control account for other govern- ida and southern California are switch- Be it enacted by the Senate and House of Rep- ment agency’s use. Funds for the Medi- resentatives of the United States of America in ing from drug dealing to health care care account would be provided by and fraud. The reason: more money with Congress assembled, returned to the Medicare trust fund. SECTION 1. SHORT TITLE; REFERENCES IN ACT; less risk. Drug dealers committing For every $1 spent on prevention, the TABLE OF CONTENTS. health care fraud know that law en- IG uncovers at least $7 in fraud. By (a) SHORT TITLE.—This Act may be cited as forcement is not yet equipped with the using trust fund dollars to augment IG the ‘‘Medicare Antifraud Act of 1996’’. (b) AMENDMENTS TO SOCIAL SECURITY laws needed to effectively attack the operations, the legislation assures that ACT.—Except as otherwise specifically pro- problem. With a program estimated by the IG will continue to have the re- the Congressional Budget Office to be vided, whenever in this Act an amendment is sources necessary to combat fraud and expressed in terms of an amendment to, or spending over $1.6 billion during the abuse without worrying about discre- repeal of, a section or other provision, the next 6 years and with lax laws to com- tionary spending cuts. reference shall be considered to be made to bat abuse, con artists, thieves, and op- This legislation enacts a broad-based that section or other provision of the Social portunists know Medicare is where the Federal statute aimed at suppressing Security Act. (c) TABLE OF CONTENTS.—The table of con- easy money is. Medicare fraud. This enhances the pro- As Republican Congressmen STEVEN tents of this Act is as follows: tection of fraud victims and prescribe SCHIFF and CHRIS SHAYS write, ‘‘cur- Sec. 1. Short title; references in act; table of stiff penalties against those convicted rently there is no Federal crime of contents. of fraud. It institutes a policy, ‘‘one health care fraud. It is difficult to pros- TITLE I—FRAUD AND ABUSE CONTROL strike and you are out,’’ one instance ecute health care-related offenses be- PROGRAM of Medicare fraud and you are out of cause law enforcement must rely on Sec. 101. Fraud and abuse control program. the program for at least 5 years. Sec. 102. Medicare benefit integrity system. wire and mail fraud statutes for their The second bill would establish a Sec. 103. Application of certain health anti- investigations and prosecutions.’’ point of order against any piece of leg- fraud and abuse sanctions to Attacking fraud is crucial to the islation that would divert savings from fraud and abuse against Federal overall Medicare debate for the follow- health programs. ing reasons: anti-fraud, waste and abuse enforce- Sec. 104. Health care fraud and abuse pro- Fraud ought to be the first place we ment activities for any other purpose— vider guidance. look when considering reductions in such as new Federal spending or tax Sec. 105. Medicare/medicaid beneficiary pro- breaks—other than saving the Medi- tection program. Medicare expenditures. Sec. 106. Ensuring the integrity of the Fed- Fraud undermines public confidence care trust fund. This legislation would also ensure that any savings from anti- eral Hospital Insurance Trust in Medicare. We cannot ‘‘fix’’ Medicare Fund. fraud, waste and abuse activities reim- while letting fraud erode the system. TITLE II—REVISIONS TO CURRENT One dollar spent against fraud and burse the up-front investment on en- SANCTIONS FOR FRAUD AND ABUSE forcement and further strengthen the abuse can reduce Medicare Program Sec. 201. Mandatory exclusion from partici- costs by as much as 11 dollars, accord- Medicare trust fund. pation in medicare and State ing to the Health Care Financing Ad- We have all promised to protect Med- health care programs. ministration [HCFA] and demonstrated icare. We can do so by passing com- Sec. 202. Establishment of minimum period by the administration’s effort in Oper- prehensive Medicare waste, fraud, and of exclusion for certain individ- ation Restore Trust. abuse legislation and do it in 1996, thus uals and entities subject to per- Solutions are available. ensuring savings achieved are used to missive exclusion from medi- What can be done to solve this prob- protect Medicare and improve its sol- care and State health care pro- grams. lem? To engage in a comprehensive as- vency. The two bills we are introducing Sec. 203. Permissive exclusion of individuals sault on fraud, particularly within the today—the Medicare Anti-Fraud Act of with ownership or control in- Medicare Program, multiple agencies 1996 and the Medicare Restore Trust terest in sanctioned entities. within the Federal Government will Act—would accomplish these goals. Sec. 204. Sanctions against practitioners and need additional resources. The Inspec- Mr. President, I suggest these two persons for failure to comply tor General testified at a hearing be- pieces of legislation should get the im- with statutory obligations. mediate attention of this Senate. I am Sec. 205. Sanctions against providers for ex- fore the Senate Finance Committee cessive fees or prices. that ‘‘now is the time to implement pleased to see that we have with us Sec. 206. Applicability of the Bankruptcy new legal remedies and reverse the today the chairman of the Senate Fi- Code to program sanctions. downward trend of funding for efforts nance Committee, which I assume will Sec. 207. Intermediate sanctions for medi- to combat health care fraud and be the primary committee of reference care health maintenance orga- abuse.’’ The legislation that I am in- for consideration of this legislation. nizations. Every day that passes allows for fur- Sec. 208. Liability of medicare carriers and troducing today will achieve both of fiscal intermediaries and States these goals. ther waste of Federal taxpayers money for claims submitted by ex- Operation Restore Trust is an effort and further eroding of the solvency of cluded providers. currently underway in five States the Medicare trust fund, further ero- Sec. 209. Effective date. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6087 TITLE III—ADMINISTRATIVE AND ‘‘(D) to provide for the modification and es- ‘‘(2) a contract of a service benefit organi- MISCELLANEOUS PROVISIONS tablishment of safe harbors and to issue ad- zation; and Sec. 301. Establishment of the health care visory opinions and special fraud alerts pur- ‘‘(3) a membership agreement with a health fraud and abuse data collection suant to section 104 of the Medicare Anti- maintenance organization or other prepaid program. fraud Act of 1996, and health plan.’’. Sec. 302. Inspector General access to addi- ‘‘(E) to provide for the reporting and dis- (b) ESTABLISHMENT OF HEALTH CARE FRAUD tional practitioner data bank. closure of certain final adverse actions AND ABUSE CONTROL ACCOUNT IN FEDERAL Sec. 303. Corporate whistleblower program. against health care providers, suppliers, or HOSPITAL INSURANCE TRUST FUND.—Section Sec. 304. Home health billing, payment, and practitioners pursuant to the data collection 1817 (42 U.S.C. 1395i) is amended by adding at cost limit calculation to be system established under section 301 of such the end the following new subsection: Act. based on site where service is ‘‘(k) HEALTH CARE FRAUD AND ABUSE CON- ‘‘(2) COORDINATION WITH HEALTH PLANS.—In furnished. TROL ACCOUNT.— carrying out the program established under Sec. 305. Application of inherent reasonable- ‘‘(1) ESTABLISHMENT.—There is hereby es- ness. paragraph (1), the Secretary and the Attor- tablished in the Trust Fund an expenditure Sec. 306. Clarification of time and filing lim- ney General shall consult with, and arrange account to be known as the ‘Health Care for the sharing of data with representatives itations. Fraud and Abuse Control Account’ (in this of health plans. Sec. 307. Clarification of liability of third subsection referred to as the ‘Account’). ‘‘(3) GUIDELINES.— party administrators. ‘‘(2) APPROPRIATED AMOUNTS TO TRUST ‘‘(A) IN GENERAL.—The Secretary and the Sec. 308. Clarification of payment amounts FUND.— Attorney General shall issue guidelines to to medicare. ‘‘(A) IN GENERAL.—There are hereby appro- carry out the program under paragraph (1). Sec. 309. Increased flexibility in contracting priated to the Trust Fund— The provisions of sections 553, 556, and 557 of for medicare claims processing. ‘‘(i) such gifts and bequests as may be title 5, United States Code, shall not apply in made as provided in subparagraph (B); TITLE IV—CIVIL MONETARY PENALTIES the issuance of such guidelines. ‘‘(ii) such amounts as may be deposited in Sec. 401. Social Security Act civil monetary ‘‘(B) INFORMATION GUIDELINES.— the Trust Fund as provided in title XI; and penalties. ‘‘(i) IN GENERAL.—Guidelines issued under subparagraph (A) shall include guidelines re- ‘‘(iii) such amounts as are transferred to TITLE V—AMENDMENTS TO CRIMINAL the Trust Fund under subparagraph (C). LAW lating to the furnishing of information by health plans, providers, and others to enable ‘‘(B) AUTHORIZATION TO ACCEPT GIFTS.—The Sec. 501. Health care fraud. the Secretary and the Attorney General to Trust Fund is authorized to accept, on behalf Sec. 502. Forfeitures for Federal health care carry out the program (including coordina- of the United States, money gifts and be- offenses. tion with health plans under paragraph (2)). quests made unconditionally to the Trust Sec. 503. Injunctive relief relating to Fed- ‘‘(ii) CONFIDENTIALITY.—Guidelines issued Fund, for the benefit of the Account or any eral health care offenses. under subparagraph (A) shall include proce- activity financed through the Account. Sec. 504. Grand jury disclosure. dures to assure that such information is pro- ‘‘(C) TRANSFER OF AMOUNTS.—The Manag- Sec. 505. False statements. vided and utilized in a manner that appro- ing Trustee shall transfer to the Trust Fund, Sec. 506. Obstruction of criminal investiga- priately protects the confidentiality of the under rules similar to the rules in section tions, audits, or inspections of information and the privacy of individuals 9601 of the Internal Revenue Code of 1986, an Federal health care offenses. receiving health care services and items. amount equal to the sum of the following: Sec. 507. Theft or embezzlement. ‘‘(iii) QUALIFIED IMMUNITY FOR PROVIDING ‘‘(i) Criminal fines recovered in cases in- Sec. 508. Laundering of monetary instru- INFORMATION.—The provisions of section volving a Federal health care offense (as de- ments. 1157(a) (relating to limitation on liability) fined in section 982(a)(6)(B) of title 18, United Sec. 509. Authorized investigative demand shall apply to a person providing informa- States Code). procedures. tion to the Secretary or the Attorney Gen- ‘‘(ii) Civil monetary penalties and assess- TITLE VI—STATE HEALTH CARE FRAUD eral in conjunction with their performance ments imposed in health care cases, includ- CONTROL UNITS of duties under this section. ing amounts recovered under titles XI, XVIII, and XIX, and chapter 38 of title 31, Sec. 601. State health care fraud control ‘‘(4) ENSURING ACCESS TO DOCUMENTATION.— United States Code (except as otherwise pro- units. The Inspector General of the Department of Health and Human Services is authorized to vided by law). TITLE VII—MEDICARE/MEDICAID ‘‘(iii) Amounts resulting from the forfeit- BILLING ABUSE PREVENTION exercise such authority described in para- graphs (3) through (9) of section 6 of the In- ure of property by reason of a Federal health Sec. 701. Uniform medicare/medicaid appli- spector General Act of 1978 (5 U.S.C. App.) as care offense. cation process. necessary with respect to the activities ‘‘(iv) Penalties and damages obtained and Sec. 702. Standards for uniform claims. under the fraud and abuse control program otherwise creditable to miscellaneous re- Sec. 703. Unique provider identification established under this subsection. ceipts of the general fund of the Treasury ob- code. ‘‘(5) AUTHORITY OF INSPECTOR GENERAL.— tained under sections 3729 through 3733 of Sec. 704. Use of new procedures. Nothing in this Act shall be construed to di- title 31, United States Code (known as the Sec. 705. Nondischargeability of certain minish the authority of any Inspector Gen- False Claims Act), in cases involving claims medicare debts. eral, including such authority as is provided related to the provision of health care items TITLE I—FRAUD AND ABUSE CONTROL in the Inspector General Act of 1978 (5 U.S.C. and services (other than funds awarded to a PROGRAM App.). relator, for restitution or otherwise author- ized by law). SEC. 101. FRAUD AND ABUSE CONTROL PRO- ‘‘(b) ADDITIONAL USE OF FUNDS BY INSPEC- ‘‘(3) APPROPRIATED AMOUNTS TO ACCOUNT GRAM. TOR GENERAL.— FOR FRAUD AND ABUSE CONTROL PROGRAM, (a) ESTABLISHMENT OF PROGRAM.—Title XI ‘‘(1) REIMBURSEMENTS FOR INVESTIGA- ETC.— (42 U.S.C. 1301 et seq.) is amended by insert- TIONS.—The Inspector General of the Depart- ‘‘(A) DEPARTMENTS OF HEALTH AND HUMAN ing after section 1128B the following new sec- ment of Health and Human Services is au- SERVICES AND JUSTICE.— tion: thorized to receive and retain for current use reimbursement for the costs of conducting ‘‘(i) IN GENERAL.—There are hereby appro- ‘‘FRAUD AND ABUSE CONTROL PROGRAM investigations and audits and for monitoring priated to the Account from the Trust Fund ‘‘SEC. 1128C. (a) ESTABLISHMENT OF PRO- compliance plans when such costs are or- such sums as the Secretary and the Attorney GRAM.— dered by a court, voluntarily agreed to by General certify are necessary to carry out ‘‘(1) IN GENERAL.—Not later than January the payor, or otherwise. the purposes described in subparagraph (C), 1, 1997, the Secretary, acting through the Of- ‘‘(2) CREDITING.—Funds received by the In- to be available without further appropria- fice of the Inspector General of the Depart- spector General under paragraph (1) as reim- tion, in an amount not to exceed— ment of Health and Human Services, and the bursement for costs of conducting investiga- ‘‘(I) for fiscal year 1997, $104,000,000; Attorney General shall establish a pro- tions shall be deposited to the credit of the ‘‘(II) for each of the fiscal years 1998 gram— appropriation from which initially paid, or through 2003, the limit for the preceding fis- ‘‘(A) to coordinate Federal, State, and to appropriations for similar purposes cur- cal year, increased by 15 percent; and local law enforcement programs to control rently available at the time of deposit, and ‘‘(III) for each fiscal year after fiscal year fraud and abuse with respect to health plans, shall remain available for obligation for 1 2003, the limit for fiscal year 2003. ‘‘(B) to conduct investigations, audits, year from the date of the deposit of such ‘‘(ii) MEDICARE AND MEDICAID ACTIVITIES.— evaluations, and inspections relating to the funds. For each fiscal year, of the amount appro- delivery of and payment for health care in ‘‘(c) HEALTH PLAN DEFINED.—For purposes priated in clause (i), the following amounts the United States, of this section, the term ‘health plan’ means shall be available only for the purposes of ‘‘(C) to facilitate the enforcement of the a plan or program that provides health bene- the activities of the Office of the Inspector provisions of sections 1128, 1128A, and 1128B fits, whether directly, through insurance, or General of the Department of Health and and other statutes applicable to health care otherwise, and includes— Human Services with respect to the medi- fraud and abuse, ‘‘(1) a policy of health insurance; care and medicaid programs— S6088 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘(I) for fiscal year 1997, not less than and the justification for such disbursements, SEC. 103. APPLICATION OF CERTAIN HEALTH $60,000,000 and not more than $70,000,000; by the Account in each fiscal year.’’. ANTIFRAUD AND ABUSE SANCTIONS ‘‘(II) for fiscal year 1998, not less than TO FRAUD AND ABUSE AGAINST SEC. 102. MEDICARE BENEFIT INTEGRITY SYS- FEDERAL HEALTH PROGRAMS. $80,000,000 and not more than $90,000,000; TEM. (a) CRIMES.— ‘‘(III) for fiscal year 1999, not less than Part C of title XVIII (42 U.S.C. 1395 et seq.) (1) SOCIAL SECURITY ACT.—Section 1128B (42 $90,000,000 and not more than $100,000,000; is amended by inserting after section 1888 U.S.C. 1320a–7b) is amended as follows: ‘‘(IV) for fiscal year 2000, not less than the following new section: (A) In the heading, by striking ‘‘MEDICARE $110,000,000 and not more than $120,000,000; OR STATE HEALTH CARE PROGRAMS’’ and in- ‘‘(V) for fiscal year 2001, not less than ‘‘MEDICARE BENEFIT INTEGRITY CONTRACTS serting ‘‘FEDERAL HEALTH CARE PROGRAMS’’. $120,000,000 and not more than $130,000,000; ‘‘SEC. 1889. (a) AUTHORITY TO CONTRACT.— (B) In subsection (a)(1), by striking ‘‘a pro- ‘‘(1) IN GENERAL.—In order to improve the ‘‘(VI) for fiscal year 2002, not less than gram under title XVIII or a State health effectiveness of benefit quality assurance ac- $140,000,000 and not more than $150,000,000; care program (as defined in section 1128(h))’’ tivities relating to programs under this title, and and inserting ‘‘a Federal health care pro- and to enhance the Secretary’s capability of ‘‘(VII) for each fiscal year after fiscal year gram (as defined in subsection (f))’’. carrying out program safeguard functions 2002, not less than $150,000,000 and not more (C) In subsection (a)(5), by striking ‘‘a pro- and related education activities to avoid the than $160,000,000. gram under title XVIII or a State health improper expenditure of assets of the Federal ‘‘(B) FEDERAL BUREAU OF INVESTIGATION.— care program’’ and inserting ‘‘a Federal Hospital Insurance Trust Fund and the Fed- There are hereby appropriated from the gen- health care program (as defined in sub- eral Supplementary Medical Insurance Trust eral fund of the United States Treasury and section (f))’’. Fund, the Secretary shall enter into con- hereby appropriated to the Account for (D) In the second sentence of subsection tracts with organizations or other entities transfer to the Federal Bureau of Investiga- (a)— having demonstrated the capability to carry tion to carry out the purposes described in (i) by striking ‘‘a State plan approved out one or more benefit quality assurance subparagraph (C), to be available without under title XIX’’ and inserting ‘‘a Federal activities. The provisions of sections 1816 and further appropriation— health care program (as defined in sub- 1842 shall be inapplicable to contracts under ‘‘(i) for fiscal year 1997, $47,000,000; section (f))’’; and this section. ‘‘(ii) for fiscal year 1998, $56,000,000; (ii) by striking ‘‘the State may at its op- ‘‘(2) NUMBER OF CONTRACTS.—The Secretary ‘‘(iii) for fiscal year 1999, $66,000,000; tion (notwithstanding any other provision of shall determine the number of separate con- ‘‘(iv) for fiscal year 2000, $76,000,000; that title or of such plan)’’ and inserting tracts which are necessary to achieve, with ‘‘(v) for fiscal year 2001, $88,000,000; ‘‘the administrator of such program may at the maximum degree of efficiency and cost- ‘‘(vi) for fiscal year 2002, $101,000,000; and its option (notwithstanding any other provi- effectiveness, the objectives of this section. ‘‘(vii) for each fiscal year after fiscal year sion of such program)’’. The Secretary may enter into contracts 2002, $114,000,000. (E) In subsection (b)— under this section at such time or times as ‘‘(C) USE OF FUNDS.—The purposes de- (i) by striking ‘‘and willfully’’ each place it are appropriate so long as not later than the scribed in this subparagraph are to cover the appears; fiscal year beginning October 1, 1998, and for costs (including equipment, salaries, bene- (ii) by striking ‘‘$25,000’’ each place it ap- each fiscal year thereafter, there are in ef- fits, travel, and training) of the administra- pears and inserting ‘‘$50,000’’; fect contracts that, considered collectively, tion and operation of the health care fraud (iii) by striking ‘‘title XVIII or a State provide for benefit quality assurance activi- and abuse control program established under health care program’’ each place it appears ties with respect to all payments under this section 1128C(a), including the costs of— and inserting ‘‘Federal health care program title. ‘‘(i) prosecuting health care matters (as defined in subsection (f))’’; (through criminal, civil, and administrative ‘‘(b) CONTRACT REQUIREMENTS.—A benefit (iv) in paragraph (1) in the matter preced- proceedings); quality assurance contract entered into ing subparagraph (A), by striking ‘‘kind—’’ ‘‘(ii) investigations; under subsection (a) must provide for one or and inserting ‘‘kind with intent to be influ- ‘‘(iii) financial and performance audits of more benefit quality assurance program ac- enced—’’; health care programs and operations; tivities. Each such contract shall include an (v) in paragraph (1)(A), by striking ‘‘in re- ‘‘(iv) inspections and other evaluations; agreement by the contractor to cooperate turn for referring’’ and inserting ‘‘to refer’’; and with the Inspector General of the Depart- (vi) in paragraph (1)(B), by striking ‘‘in re- ‘‘(v) provider and consumer education re- ment of Health and Human Services, and the turn for purchasing, leasing, ordering, or ar- garding compliance with the provisions of Attorney General, and other law enforce- ranging for or recommending’’ and inserting title XI. ment agencies, as appropriate, in the inves- ‘‘to purchase, lease, order, or arrange for or ‘‘(4) APPROPRIATED AMOUNTS TO ACCOUNT tigation and deterrence of fraud and abuse in recommend’’; FOR MEDICARE BENEFIT INTEGRITY SYSTEM.— relation to this title and in other cases aris- (vii) in paragraph (2) in the matter preced- ‘‘(A) IN GENERAL.—There are hereby appro- ing out of the activities described in such ing subparagraph (A), by striking ‘‘to induce priated to the Account from the Trust Fund section, and shall contain such other provi- such person’’ and inserting ‘‘with intent to for each fiscal year such amounts as are nec- sions as the Secretary finds necessary or ap- influence such person’’; essary to carry out the Medicare Benefit In- propriate to achieve the purposes of this (viii) by adding at the end of paragraphs (1) tegrity System under section 1889, subject to part. The provisions of section 1153(e)(1) shall and (2) the following sentence: ‘‘A violation subparagraph (B), to be available without apply to contracts and contracting authority exists under this paragraph if one or more further appropriation. under this section, except that competitive purposes of the remuneration is unlawful ‘‘(B) AMOUNTS SPECIFIED.—The amount ap- procedures must be used when entering into under this paragraph.’’; propriated under subparagraph (A) for a fis- new contracts under this section, or at any (ix) by redesignating paragraph (3) as para- cal year is as follows: other time when it is in the best interests of graph (4); ‘‘(i) For fiscal year 1997, such amount shall the United States. A contract under this sec- (x) in paragraph (4) (as redesignated) in the be not less than $430,000,000 and not more tion may be renewed from term to term matter preceding subparagraph (A), by strik- than $440,000,000. without regard to any provision of law re- ing ‘‘Paragraphs (1) and (2)’’ and inserting ‘‘(ii) For fiscal year 1998, such amount quiring competition if the contractor has ‘‘Paragraphs (1), (2), and (3)’’; and shall be not less than $490,000,000 and not met or exceeded the performance require- (xi) by inserting after paragraph (2) the fol- more than $500,000,000. ments established in the current contract. lowing new paragraph: ‘‘(iii) For fiscal year 1999, such amount ‘‘(c) LIMITATIONS.— ‘‘(3)(A) The Attorney General may bring an shall be not less than $550,000,000 and not ‘‘(1) IN GENERAL.—In carrying out this sec- action in the district courts to impose upon more than $560,000,000. tion, the Secretary may not enter into a con- any person who carries out any activity in ‘‘(iv) For fiscal year 2000, such amount tract with an organization or other entity if violation of this subsection a civil penalty of shall be not less than $620,000,000 and not the Secretary determines that such organi- not less than $25,000 and not more than more than $630,000,000. zation’s or entity’s financial holdings, inter- $50,000 for each such violation, plus three ‘‘(v) For fiscal year 2001, such amount shall ests, or relationships would interfere with its times the total remuneration offered, paid, be not less than $670,000,000 and not more ability to perform the functions to be re- solicited, or received. than $680,000,000. quired by the contract in an effective and ‘‘(B) A violation exists under this para- ‘‘(vi) For fiscal year 2002, such amount impartial manner. graph if one or more purposes of the remu- shall be not less than $690,000,000 and not ‘‘(2) LIMITATION OF LIABILITY.—The Sec- neration is unlawful, and the damages shall more than $700,000,000. retary shall by regulation provide for the be the full amount of such remuneration. ‘‘(vii) For each fiscal year after fiscal year limitation of a contractor’s liability for ac- ‘‘(C) Section 3731 of title 31, United States 2002, such amount shall be not less than tions taken to carry out a contract under Code, and the Federal Rules of Civil Proce- $710,000,000 and not more than $720,000,000. this section, and such regulations shall, to dure shall apply to actions brought under ‘‘(5) ANNUAL REPORT.—The Secretary and the extent the Secretary finds appropriate, this paragraph. the Attorney General shall submit jointly an employ the same or comparable standards ‘‘(D) The provisions of this paragraph do annual report to Congress on the amount of and other substantive and procedural provi- not affect the availability of other criminal revenue which is generated and disbursed, sions as are contained in section 1157.’’. and civil remedies for such violations.’’. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6089 (F) In subsection (c), by inserting ‘‘(as de- (iv) special fraud alerts to be issued pursu- rule within the meaning of section 553(b) of fined in section 1128(h))’’ after ‘‘a State ant to subsection (c). title 5, United States Code. All interpretive health care program’’. (B) PUBLICATION OF PROPOSED MODIFICA- rulings issued pursuant to this clause shall (G) By adding at the end the following new TIONS AND PROPOSED ADDITIONAL SAFE HAR- be published in the Federal Register or oth- subsections: BORS.—After considering the proposals de- erwise made available for public inspection. ‘‘(f) For purposes of this section, the term scribed in clauses (i) and (ii) of subparagraph (ii) REASONS FOR DENIAL.—If the Inspector ‘Federal health care program’ means— (A), the Secretary, in consultation with the General does not issue an interpretive ruling ‘‘(1) any plan or program that provides Attorney General, shall publish in the Fed- in response to a request described in sub- health benefits, whether directly, through eral Register proposed modifications to ex- paragraph (A), the Inspector General shall insurance, or otherwise, which is funded, in isting safe harbors and proposed additional notify the requesting party of such decision whole or in part, by the United States Gov- safe harbors, if appropriate, with a 60-day not later than 120 days after receiving such a ernment; or comment period. After considering any pub- request and shall identify the reasons for ‘‘(2) any State health care program, as de- lic comments received during this period, such decision. fined in section 1128(h). the Secretary shall issue final rules modify- (2) CRITERIA FOR INTERPRETIVE RULINGS.— ‘‘(g)(1) The Inspector General of the depart- ing the existing safe harbors and establish- (A) IN GENERAL.—In determining whether ments and agencies with a Federal health ing new safe harbors, as appropriate. to issue an interpretive ruling under para- care program may conduct an investigation (C) REPORT.—The Inspector General of the graph (1)(B), the Inspector General may con- or audit relating to violations of this section Department of Health and Human Services sider— and claims within the jurisdiction of other (in this section referred to as the ‘‘Inspector (i) whether and to what extent the request Federal departments or agencies if the fol- General’’) shall, in an annual report to Con- identifies an ambiguity within the language lowing conditions are satisfied: gress or as part of the year-end semiannual of the statute, the existing safe harbors, or ‘‘(A) The investigation or audit involves report required by section 5 of the Inspector previous interpretive rulings; and primarily claims submitted to the Federal General Act of 1978 (5 U.S.C. App.), describe (ii) whether the subject of the requested in- health care programs of the department or the proposals received under clauses (i) and terpretive ruling can be adequately ad- agency conducting the investigation or (ii) of subparagraph (A) and explain which dressed by interpretation of the language of audit. proposals were included in the publication ‘‘(B) The Inspector General of the depart- the statute, the existing safe harbor rules, or described in subparagraph (B), which propos- previous interpretive rulings, or whether the ment or agency conducting the investigation als were not included in that publication, or audit gives notice and an opportunity to request would require a substantive ruling and the reasons for the rejection of the pro- (as defined in section 552 of title 5, United participate in the investigation or audit to posals that were not included. the Inspector General of the department or States Code) not authorized under this sub- (2) CRITERIA FOR MODIFYING AND ESTABLISH- section. agency with primary jurisdiction over the ING SAFE HARBORS.—In modifying and estab- Federal health care programs to which the (B) NO RULINGS ON FACTUAL ISSUES.—The lishing safe harbors under paragraph (1)(B), Inspector General shall not give an interpre- claims were submitted. the Secretary may consider the extent to ‘‘(2) If the conditions specified in para- tive ruling on any factual issue, including which providing a safe harbor for the speci- the intent of the parties or the fair market graph (1) are fulfilled, the Inspector General fied payment practice may result in any of value of particular leased space or equip- of the department or agency conducting the the following: ment. investigation or audit may exercise all pow- (A) An increase or decrease in access to (c) SPECIAL FRAUD ALERTS.— ers granted under the Inspector General Act health care services. (1) IN GENERAL.— of 1978 (5 U.S.C. App.) with respect to the (B) An increase or decrease in the quality (A) REQUEST FOR SPECIAL FRAUD ALERTS.— claims submitted to the other departments of health care services. Any person may present, at any time, a re- or agencies to the same manner and extent (C) An increase or decrease in patient free- as provided in that Act with respect to dom of choice among health care providers. quest to the Inspector General for a notice claims submitted to such departments or (D) An increase or decrease in competition which informs the public of practices which agencies.’’. among health care providers. the Inspector General considers to be suspect (2) IDENTIFICATION OF COMMUNITY SERVICE (E) An increase or decrease in the ability or of particular concern under section OPPORTUNITIES.—Section 1128B (42 U.S.C. of health care facilities to provide services in 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b), as amended by paragraph (1), is medically underserved areas or to medically 1320a–7b(b)) (in this subsection referred to as amended by adding at the end the following underserved populations. a ‘‘special fraud alert’’). new subsection: (F) An increase or decrease in the cost to (B) ISSUANCE AND PUBLICATION OF SPECIAL ‘‘(h) The Secretary may— FRAUD ALERTS.—Upon receipt of a request de- ‘‘(1) in consultation with State and local Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 scribed in subparagraph (A), the Inspector health care officials, identify opportunities General shall investigate the subject matter for the satisfaction of community service ob- U.S.C. 1320a–7b(f)). (G) An increase or decrease in the poten- of the request to determine whether a special ligations that a court may impose upon the fraud alert should be issued. If appropriate, conviction of an offense under this section; tial overutilization of health care services. (H) The existence or nonexistence of any the Inspector General shall issue a special and fraud alert in response to the request. All ‘‘(2) make information concerning such op- potential financial benefit to a health care professional or provider which may vary special fraud alerts issued pursuant to this portunities available to Federal and State subparagraph shall be published in the Fed- law enforcement officers and State and local based on their decisions of— (i) whether to order a health care item or eral Register. health care officials.’’. (2) CRITERIA FOR SPECIAL FRAUD ALERTS.— (b) EFFECTIVE DATE.—The amendments service; or In determining whether to issue a special made by this section shall take effect on (ii) whether to arrange for a referral of fraud alert upon a request described in para- January 1, 1997. health care items or services to a particular practitioner or provider. graph (1), the Inspector General may con- SEC. 104. HEALTH CARE FRAUD AND ABUSE PRO- sider— VIDER GUIDANCE. (I) Any other factors the Secretary deems (A) whether and to what extent the prac- (a) SOLICITATION AND PUBLICATION OF MODI- appropriate in the interest of preventing tices that would be identified in the special FICATIONS TO EXISTING SAFE HARBORS AND fraud and abuse in Federal health care pro- NEW SAFE HARBORS.— grams (as so defined). fraud alert may result in any of the con- (1) IN GENERAL.— (b) INTERPRETIVE RULINGS.— sequences described in subsection (a)(2); and (A) SOLICITATION OF PROPOSALS FOR SAFE (1) IN GENERAL.— (B) the volume and frequency of the con- HARBORS.—Not later than January 1, 1997, (A) REQUEST FOR INTERPRETIVE RULING.— duct that would be identified in the special and not less than annually thereafter, the Any person may present, at any time, a re- fraud alert. Secretary shall publish a notice in the Fed- quest to the Inspector General for a state- SEC. 105. MEDICARE/MEDICAID BENEFICIARY eral Register soliciting proposals, which will ment of the Inspector General’s current in- PROTECTION PROGRAM. be accepted during a 60-day period, for— terpretation of the meaning of a specific as- (a) ESTABLISHMENT OF PROGRAM.—Not later (i) modifications to existing safe harbors pect of the application of sections 1128A and than January 1, 1997, the Secretary (through issued pursuant to section 14(a) of the Medi- 1128B of the Social Security Act (42 U.S.C. the Administrator of the Health Care Fi- care Patient and Program Protection Act of 1320a–7a and 1320a–7b) (in this section re- nancing Administration and the Inspector 1987 (42 U.S.C. 1320a–7b note); ferred to as an ‘‘interpretive ruling’’). General of the Department of Health and (ii) additional safe harbors specifying pay- (B) ISSUANCE AND EFFECT OF INTERPRETIVE Human Services) shall establish the Medi- ment practices that shall not be treated as a RULING.— care/Medicaid Beneficiary Protection Pro- criminal offense under section 1128B(b) of the (i) IN GENERAL.—If appropriate, the Inspec- gram. Under such program the Secretary Social Security Act (42 U.S.C. 1320a–7b(b)) tor General shall in consultation with the shall— and shall not serve as the basis for an exclu- Attorney General, issue an interpretive rul- (1) educate medicare and medicaid bene- sion under section 1128(b)(7) of such Act (42 ing not later than 120 days after receiving a ficiaries regarding— U.S.C. 1320a–7(b)(7)); request described in subparagraph (A). Inter- (A) medicare and medicaid program cov- (iii) interpretive rulings to be issued pursu- pretive rulings shall not have the force of erage; ant to subsection (b); and law and shall be treated as an interpretive (B) fraudulent and abusive practices; S6090 CONGRESSIONAL RECORD — SENATE June 11, 1996 (C) medically unnecessary health care than those specifically described in para- the period of the exclusion shall be not less items and services; and graph (1)) operated by or financed in whole than 1 year.’’. (D) substandard health care items and or in part by any Federal, State, or local SEC. 203. PERMISSIVE EXCLUSION OF INDIVID- services; government agency, of a criminal offense UALS WITH OWNERSHIP OR CON- (2) identify and publicize fraudulent and consisting of a felony relating to fraud, TROL INTEREST IN SANCTIONED EN- abusive practices with respect to the deliv- theft, embezzlement, breach of fiduciary re- TITIES. ery of health care items and services; and sponsibility, or other financial misconduct.’’. Section 1128(b) (42 U.S.C. 1320a–7(b)) is (3) establish a procedure for the reporting (2) CONFORMING AMENDMENT.—Paragraph amended by adding at the end the following of fraudulent and abusive health care provid- (1) of section 1128(b) (42 U.S.C. 1320a–7(b)) is new paragraph: ers, practitioners, claims, items, and serv- amended to read as follows: ‘‘(15) INDIVIDUALS CONTROLLING A SANC- ices to appropriate law enforcement and ‘‘(1) CONVICTION RELATING TO FRAUD.—Any TIONED ENTITY.—Any individual who has a di- payer agencies. individual or entity that has been convicted rect or indirect ownership or control interest (b) RECOGNITION AND PUBLICATION OF CON- after the date of the enactment of the Medi- of 5 percent or more, or an ownership or con- TRIBUTIONS.—The program established by the care Antifraud Act of 1996, under Federal or trol interest (as defined in section 1124(a)(3)) Secretary under this section shall recognize State law— in, or who is an officer or managing em- and publicize significant contributions made ‘‘(A) of a criminal offense consisting of a ployee (as defined in section 1126(b)) of, an by individual health care patients toward misdemeanor relating to fraud, theft, embez- entity— the combating of health care fraud and zlement, breach of fiduciary responsibility, ‘‘(A) that has been convicted of any offense abuse. or other financial misconduct— described in subsection (a) or in paragraph (c) DISSEMINATION OF INFORMATION.—The ‘‘(i) in connection with the delivery of a (1), (2), or (3) of this subsection; or Secretary shall provide for the broad dis- health care item or service, or ‘‘(B) that has been excluded from participa- semination of information regarding the ‘‘(ii) with respect to any act or omission in tion under a program under title XVIII or Medicare/Medicaid Beneficiary Protection a health care program (other than those spe- under a State health care program (as de- Program. cifically described in subsection (a)(1)) oper- fined in subsection (h)).’’. SEC. 106. ENSURING THE INTEGRITY OF THE FED- ated by or financed in whole or in part by SEC. 204. SANCTIONS AGAINST PRACTITIONERS ERAL HOSPITAL INSURANCE TRUST any Federal, State, or local government AND PERSONS FOR FAILURE TO FUND. agency; or COMPLY WITH STATUTORY OBLIGA- (a) DETERMINATION.—Prior to the end of ‘‘(B) of a criminal offense relating to fraud, TIONS. each fiscal year, the Secretary of Health and theft, embezzlement, breach of fiduciary re- (a) MINIMUM PERIOD OF EXCLUSION FOR Human Services (in this section referred to sponsibility, or other financial misconduct PRACTITIONERS AND PERSONS FAILING TO as the ‘‘Secretary’’) and the Attorney Gen- with respect to any act or omission in a pro- MEET STATUTORY OBLIGATIONS.— eral shall jointly determine— gram (other than a health care program) op- (1) IN GENERAL.—The second sentence of (1) the portion of the costs charged during erated by or financed in whole or in part by section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is such fiscal year to any account established any Federal, State, or local government amended by striking ‘‘may prescribe)’’ and within the Federal Hospital Insurance Trust agency.’’. inserting ‘‘may prescribe, except that such Fund under title XVIII of the Social Secu- (b) INDIVIDUAL CONVICTED OF FELONY RE- period may not be less than 1 year)’’. rity Act (42 U.S.C. 1395 et seq.) to combat LATING TO CONTROLLED SUBSTANCE.— (2) CONFORMING AMENDMENT.—Section health care waste, fraud, and abuse, which do (1) IN GENERAL.—Section 1128(a) (42 U.S.C. 1156(b)(2) (42 U.S.C. 1320c–5(b)(2)) is amended not relate to the administration of the medi- 1320a–7(a)), as amended by subsection (a), is by striking ‘‘shall remain’’ and inserting care program; and amended by adding at the end the following ‘‘shall (subject to the minimum period speci- (2) the amount of funds deposited into such new paragraph: fied in the second sentence of paragraph (1)) account of such trust fund during such fiscal ‘‘(4) FELONY CONVICTION RELATING TO CON- remain’’. year that were attributable to enforcement TROLLED SUBSTANCE.—Any individual or en- (b) REPEAL OF ‘‘UNWILLING OR UNABLE’’ activities that were intended to combat tity that has been convicted after the date of CONDITION FOR IMPOSITION OF SANCTION.— health care waste, fraud, and abuse, which do the enactment of the Medicare Antifraud Act Section 1156(b)(1) (42 U.S.C. 1320c–5(b)(1)) is not relate to the administration of the medi- of 1996, under Federal or State law, of a amended— care program. criminal offense consisting of a felony relat- (1) in the second sentence, by striking ‘‘and (b) CERTIFICATION.—If the portion deter- ing to the unlawful manufacture, distribu- determines’’ and all that follows through mined under paragraph (1) of subsection (a) tion, prescription, or dispensing of a con- ‘‘such obligations,’’; and exceeds the amount determined under para- trolled substance.’’. (2) by striking the third sentence. graph (2) of such subsection, the Secretary (2) CONFORMING AMENDMENT.—Section SEC. 205. SANCTIONS AGAINST PROVIDERS FOR and the Attorney General shall certify to the 1128(b)(3) (42 U.S.C. 1320a–7(b)(3)) is amend- EXCESSIVE FEES OR PRICES. Secretary of the Treasury the amount, which ed— Section 1128(b)(6)(A) (42 U.S.C. 1320a– shall be equal to the amount of such excess, (A) in the heading, by striking ‘‘CONVIC- 7(b)(6)(A)) is amended— which should be transferred from the Gen- TION’’ and inserting ‘‘MISDEMEANOR CONVIC- (1) by inserting ‘‘(as specified by the Sec- eral Fund of the Treasury to such trust fund, TION’’; and retary in regulations)’’ after ‘‘substantially in order to ensure that such trust fund is (B) by striking ‘‘criminal offense’’ and in- in excess of such individual’s or entity’s fully reimbursed for any expenditures made serting ‘‘criminal offense consisting of a mis- usual charges’’; and from the account described in subsection (a) demeanor’’. (2) by striking ‘‘(or, in applicable cases, that are not related to the administration of SEC. 202. ESTABLISHMENT OF MINIMUM PERIOD substantially in excess of such individual’s the medicare program under title XVIII of OF EXCLUSION FOR CERTAIN INDI- or entity’s costs)’’ and inserting ‘‘, costs or the Social Security Act. VIDUALS AND ENTITIES SUBJECT TO fees’’. PERMISSIVE EXCLUSION FROM MED- (c) TRANSFER OF FUNDS.—The Secretary of SEC. 206. APPLICABILITY OF THE BANKRUPTCY the Treasury shall transfer to such trust ICARE AND STATE HEALTH CARE PROGRAMS. CODE TO PROGRAM SANCTIONS. fund from the General Fund of the Treasury, Section 1128(c)(3) (42 U.S.C. 1320a–7(c)(3)) is (a) EXCLUSION OF INDIVIDUALS AND ENTITIES out of any funds in the General Fund that amended by adding at the end the following FROM PARTICIPATION IN FEDERAL HEALTH are not otherwise appropriated, an amount new subparagraphs: CARE PROGRAMS.—Section 1128 (42 U.S.C. equal to the amount certified under sub- ‘‘(D) In the case of an exclusion of an indi- 1320a–7) is amended by adding at the end the section (b). vidual or entity under paragraph (1), (2), or following new subsection: TITLE II—REVISIONS TO CURRENT (3) of subsection (b), the period of the exclu- ‘‘(j) APPLICABILITY OF BANKRUPTCY PROVI- SANCTIONS FOR FRAUD AND ABUSE sion shall be 3 years, unless the Secretary SIONS.—An exclusion imposed under this sec- SEC. 201. MANDATORY EXCLUSION FROM PAR- determines in accordance with published reg- tion is not subject to the automatic stay im- TICIPATION IN MEDICARE AND ulations that a shorter period is appropriate posed under section 362 of title 11, United STATE HEALTH CARE PROGRAMS. because of mitigating circumstances or that States Code.’’. (a) INDIVIDUAL CONVICTED OF FELONY RE- a longer period is appropriate because of ag- (b) CIVIL MONETARY PENALTIES.—Section LATING TO HEALTH CARE FRAUD.— gravating circumstances. 1128A(a) (42 U.S.C. 1320a–7a(a)) is amended by (1) IN GENERAL.—Section 1128(a) (42 U.S.C. ‘‘(E) In the case of an exclusion of an indi- adding at the end the following sentence: 1320a–7(a)) is amended by adding at the end vidual or entity under paragraph (4) or (5) of ‘‘An exclusion imposed under this subsection the following new paragraph: subsection (b), the period of the exclusion is not subject to the automatic stay imposed ‘‘(3) FELONY CONVICTION RELATING TO shall not be less than the period during under section 362 of title 11, United States HEALTH CARE FRAUD.—Any individual or en- which the individual’s or entity’s license to Code, and any penalties and assessments im- tity that has been convicted after the date of provide health care is revoked, suspended, or posed under this section shall be non- the enactment of the Medicare Antifraud Act surrendered, or the individual or the entity dischargeable under the provisions of such of 1996, under Federal or State law, in con- is excluded or suspended from a Federal or title.’’. nection with the delivery of a health care State health care program. (c) OFFSET OF PAYMENTS TO INDIVIDUALS.— item or service or with respect to any act or ‘‘(F) In the case of an exclusion of an indi- Section 1892(a)(4) (42 U.S.C. 1395ccc(a)(4)) is omission in a health care program (other vidual or entity under subsection (b)(6)(B), amended by adding at the end the following June 11, 1996 CONGRESSIONAL RECORD — SENATE S6091 sentence: ‘‘An exclusion imposed under para- ‘‘(D) the Secretary provides the organiza- excluded pursuant to section 1128, 1128A, or graph (2)(C)(ii) or paragraph (3)(B) is not sub- tion with reasonable notice and opportunity 1156 from participation in the program under ject to the automatic stay imposed under for hearing (including the right to appeal an this title, if the amounts are paid after the section 362 of title 11, United States Code.’’. initial decision) before imposing any sanc- Secretary notifies the carrier of the exclu- SEC. 207. INTERMEDIATE SANCTIONS FOR MEDI- tion or terminating the contract.’’. sion; and’’. CARE HEALTH MAINTENANCE ORGA- (4) CONFORMING AMENDMENTS.—Section (3) REQUIREMENTS FOR STATES.—Section NIZATIONS. 1876(i)(6)(B) (42 U.S.C. 1395mm(i)(6)(B)) is 1902(a)(39) (42 U.S.C. 1396a(a)(39)) is amended (a) APPLICATION OF INTERMEDIATE SANC- amended by striking the second sentence. by striking the semicolon at the end and in- TIONS FOR PROGRAM VIOLATIONS.— (b) AGREEMENTS WITH PEER REVIEW ORGA- serting ‘‘, and provide further for reimburse- (1) IN GENERAL.—Section 1876(i)(1) (42 NIZATIONS.— ment to the Secretary of any payments made U.S.C. 1395mm(i)(1)) is amended by striking (1) REQUIREMENT FOR WRITTEN AGREE- under the plan for any item or service fur- ‘‘the Secretary may terminate’’ and all that MENT.—Section 1876(i)(7)(A) (42 U.S.C. nished, directed, or prescribed by the ex- follows and inserting ‘‘in accordance with 1395mm(i)(7)(A)) is amended by striking ‘‘an cluded individual or entity during such pe- procedures established under paragraph (9), agreement’’ and inserting ‘‘a written agree- riod, after the Secretary notifies the State of the Secretary may at any time terminate ment’’. such exclusion;’’. any such contract or may impose the inter- (2) DEVELOPMENT OF MODEL AGREEMENT.— (b) CONFORMING REPEAL OF MANDATORY mediate sanctions described in paragraph Not later than July 1, 1997, the Secretary PAYMENT RULE.—Section 1862(e)(2) (42 U.S.C. (6)(B) or (6)(C) (whichever is applicable) on shall develop a model of the agreement that 1395y(e)(2)) is amended to read as follows: the eligible organization if the Secretary de- an eligible organization with a risk-sharing ‘‘(2) No individual or entity may bill (or termines that the organization— contract under section 1876 of the Social Se- collect any amount from) any individual for ‘‘(A) has failed substantially to carry out curity Act (42 U.S.C. 1395mm) must enter any item or service for which payment is de- the contract; into with an entity providing peer review nied under paragraph (1). No person is liable ‘‘(B) is carrying out the contract in a man- services with respect to services provided by for payment of any amounts billed for such ner substantially inconsistent with the effi- the organization under section 1876(i)(7)(A) of an item or service in violation of the pre- cient and effective administration of this such Act (42 U.S.C. 1395mm(i)(7)(A)). vious sentence.’’. (3) REPORT BY GAO.— section; or SEC. 209. EFFECTIVE DATE. ‘‘(C) no longer substantially meets the ap- (A) STUDY.—The Comptroller General of The amendments made by this title shall plicable conditions of subsections (b), (c), (e), the United States shall conduct a study of take effect January 1, 1997. and (f).’’. the costs incurred by eligible organizations (2) OTHER INTERMEDIATE SANCTIONS FOR with risk-sharing contracts under section TITLE III—ADMINISTRATIVE AND MISCELLANEOUS PROGRAM VIOLATIONS.—Sec- 1876 of such Act (42 U.S.C. 1395mm(b)) of MISCELLANEOUS PROVISIONS tion 1876(i)(6) (42 U.S.C. 1395mm(i)(6)) is complying with the requirement of entering SEC. 301. ESTABLISHMENT OF THE HEALTH CARE amended by adding at the end the following into a written agreement with an entity pro- FRAUD AND ABUSE DATA COLLEC- new subparagraph: viding peer review services with respect to TION PROGRAM. ‘‘(C) In the case of an eligible organization services provided by the organization, to- (a) GENERAL PURPOSE.—Not later than Jan- for which the Secretary makes a determina- gether with an analysis of how information uary 1, 1997, the Secretary shall establish a tion under paragraph (1), the basis of which generated by such entities is used by the national health care fraud and abuse data is not described in subparagraph (A), the Secretary to assess the quality of services collection program for the reporting of final Secretary may apply the following inter- provided by such eligible organizations. adverse actions (not including settlements in mediate sanctions: (B) REPORT TO CONGRESS.—Not later than which no findings of liability have been ‘‘(i) Civil money penalties of not more than July 1, 1998, the Comptroller General shall made) against health care providers, suppli- $25,000 for each determination under para- submit a report to the Committee on Ways ers, or practitioners as required by sub- graph (1) if the deficiency that is the basis of and Means and the Committee on Commerce section (b), with access as set forth in sub- the determination has directly adversely af- of the House of Representatives and the section (c), and shall maintain a database of fected (or has the substantial likelihood of Committee on Finance and the Special Com- the information collected under this section. mittee on Aging of the Senate on the study adversely affecting) an individual covered (b) REPORTING OF INFORMATION.— conducted under subparagraph (A). under the organization’s contract. (1) IN GENERAL.—Each Government agency ‘‘(ii) Civil money penalties of not more SEC. 208. LIABILITY OF MEDICARE CARRIERS and health plan shall report any final ad- than $10,000 for each week beginning after AND FISCAL INTERMEDIARIES AND verse action (not including settlements in STATES FOR CLAIMS SUBMITTED BY the initiation of procedures by the Secretary EXCLUDED PROVIDERS. which no findings of liability have been under paragraph (9) during which the defi- (a) REIMBURSEMENT TO THE SECRETARY FOR made) taken against a health care provider, ciency that is the basis of a determination AMOUNTS PAID TO EXCLUDED PROVIDERS.— supplier, or practitioner. under paragraph (1) exists. (1) REQUIREMENTS FOR FISCAL (2) INFORMATION TO BE REPORTED.—The in- ‘‘(iii) Suspension of enrollment of individ- INTERMEDIARIES.— formation to be reported under paragraph (1) uals under this section after the date the (A) IN GENERAL.—Section 1816 (42 U.S.C. includes the following: Secretary notifies the organization of a de- 1395h), is amended by adding at the end the (A) The name and TIN (as defined in sec- termination under paragraph (1) and until following new subsection: tion 7701(a)(41) of the Internal Revenue Code the Secretary is satisfied that the deficiency ‘‘(l) An agreement with an agency or orga- of 1986) of any health care provider, supplier, that is the basis for the determination has nization under this section shall require that or practitioner who is the subject of a final been corrected and is not likely to recur.’’. such agency or organization reimburse the adverse action. (3) PROCEDURES FOR IMPOSING SANCTIONS.— Secretary for any amounts paid for a service (B) The name (if known) of any health care Section 1876(i) (42 U.S.C. 1395mm(i)) is under this title which is furnished, directed, entity with which a health care provider, amended by adding at the end the following or prescribed by an individual or entity dur- supplier, or practitioner, who is the subject new paragraph: ing any period for which the individual or of a final adverse action, is affiliated or asso- ‘‘(9) The Secretary may terminate a con- entity is excluded pursuant to section 1128, ciated. tract with an eligible organization under 1128A, or 1156, from participation in the pro- (C) The nature of the final adverse action this section or may impose the intermediate gram under this title, if the amounts are and whether such action is on appeal. sanctions described in paragraph (6) on the paid after the Secretary notifies the agency (D) A description of the acts or omissions organization in accordance with formal in- or organization of the exclusion.’’. and injuries upon which the final adverse ac- vestigation and compliance procedures es- (B) CONFORMING AMENDMENT.—Section tion was based, and such other information tablished by the Secretary under which— 1816(i) (42 U.S.C. 1395h(i)) is amended by add- as the Secretary determines by regulation is ‘‘(A) the Secretary first provides the orga- ing at the end the following new paragraph: required for appropriate interpretation of in- nization with the reasonable opportunity to ‘‘(4) Nothing in this subsection shall be formation reported under this section. develop and implement a corrective action construed to prohibit reimbursement by an (3) CONFIDENTIALITY.—In determining what plan to correct the deficiencies that were the agency or organization under subsection information is required, the Secretary shall basis of the Secretary’s determination under (l).’’. include procedures to assure that the privacy paragraph (1) and the organization fails to (2) REQUIREMENTS FOR CARRIERS.—Section of individuals receiving health care services develop or implement such a plan; 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended— is appropriately protected. ‘‘(B) in deciding whether to impose sanc- (A) by striking ‘‘and’’ at the end of sub- (4) TIMING AND FORM OF REPORTING.—The tions, the Secretary considers aggravating paragraph (I); and information required to be reported under factors such as whether an entity has a his- (B) by inserting after subparagraph (I) the this subsection shall be reported regularly tory of deficiencies or has not taken action following new subparagraph: (but not less often than monthly) and in such to correct deficiencies the Secretary has ‘‘(J) will reimburse the Secretary for any form and manner as the Secretary of Health brought to their attention; amounts paid for an item or service under and Human Services (in this section referred ‘‘(C) there are no unreasonable or unneces- this part which is furnished, directed, or pre- to as the ‘‘Secretary’’) prescribes. Such in- sary delays between the finding of a defi- scribed by an individual or entity during any formation shall first be required to be re- ciency and the imposition of sanctions; and period for which the individual or entity is ported on a date specified by the Secretary. S6092 CONGRESSIONAL RECORD — SENATE June 11, 1996

(5) TO WHOM REPORTED.—The information (B) EXCLUSION.—The term does not include ‘‘CORPORATE WHISTLEBLOWER PROGRAM required to be reported under this subsection any action with respect to a malpractice ‘‘SEC. 1128D. (a) ESTABLISHMENT OF PRO- shall be reported to the Secretary. claim. GRAM.—The Secretary, through the Inspector (C) SPECIAL RULE.—For purposes of this (c) DISCLOSURE AND CORRECTION OF INFOR- General of the Department of Health and MATION.— paragraph, the existence of a conviction shall be determined under section 1128(i) of Human Services, shall establish a procedure (1) DISCLOSURE.—With respect to the infor- the Social Security Act (42 U.S.C. 1320a–7(i)). whereby corporations, partnerships, and mation about final adverse actions (not in- other legal entities specified by the Sec- cluding settlements in which no findings of (2) LICENSED HEALTH CARE PRACTITIONER.— The terms ‘‘licensed health care practi- retary, may voluntarily disclose instances of liability have been made) reported to the unlawful conduct and seek to resolve liabil- Secretary under this section with respect to tioner’’, ‘‘licensed practitioner’’, and ‘‘prac- titioner’’ mean, with respect to a State, an ity for such conduct through means specified a health care provider, supplier, or practi- individual who is licensed or otherwise au- by the Secretary. tioner, the Secretary shall, by regulation, thorized by the State to provide health care ‘‘(b) LIMITATION.—No person may bring an provide for— services (or any individual who, without au- action under section 3730(b) of title 31, Unit- (A) disclosure of the information, upon re- thority holds himself or herself out to be so ed States Code, if, on the date of filing— quest, to the health care provider, supplier, licensed or authorized). ‘‘(1) the matter set forth in the complaint or licensed practitioner, and (3) HEALTH CARE PROVIDER.—The term has been voluntarily disclosed to the United (B) procedures in the case of disputed accu- ‘‘health care provider’’ means a provider of States by the proposed defendant and the de- racy of the information. services as defined in section 1861(u) of the fendant has been accepted into the voluntary (2) CORRECTIONS.—Each Government agen- Social Security Act (42 U.S.C. 1395x(u)), and disclosure program established pursuant to cy and health plan shall report corrections of any person or entity, including a health subsection (a); and information already reported about any final maintenance organization, group medical ‘‘(2) any new information provided in the adverse action taken against a health care practice, or any other entity listed by the complaint under such section does not add provider, supplier, or practitioner, in such Secretary in regulation, that provides health substantial grounds for additional recovery form and manner that the Secretary pre- care services. beyond those encompassed within the scope scribes by regulation. (4) SUPPLIER.—The term ‘‘supplier’’ means of the voluntary disclosure.’’. (d) ACCESS TO REPORTED INFORMATION.— a supplier of health care items and services SEC. 304. HOME HEALTH BILLING, PAYMENT, AND (1) AVAILABILITY.—The information in the described in subsections (a) and (b) of section COST LIMIT CALCULATION TO BE database maintained under this section shall 1819, and section 1861 of the Social Security BASED ON SITE WHERE SERVICE IS be available to Federal and State govern- Act (42 U.S.C. 1395i–3 (a) and (b), and 1395x). FURNISHED. ment agencies, health plans, and the public (5) GOVERNMENT AGENCY.—The term ‘‘Gov- (a) CONDITIONS OF PARTICIPATION.—Section pursuant to procedures that the Secretary ernment agency’’ shall include the following: 1891 (42 U.S.C. 1395bbb) is amended by adding shall provide by regulation. (A) The Department of Justice. at the end the following new subsection: (2) FEES FOR DISCLOSURE.—The Secretary (B) The Department of Health and Human may establish or approve reasonable fees for Services. ‘‘(g) A home health agency shall submit the disclosure of information in such (C) Any other Federal agency that either claims for payment of home health services database (other than with respect to re- administers or provides payment for the de- under this title only on the basis of the geo- quests by Federal agencies). The amount of livery of health care services, including, but graphic location at which the service is fur- such a fee may be sufficient to recover the not limited to the Department of Defense nished, as determined by the Secretary.’’. full costs of carrying out the provisions of and the Veterans’ Administration. (b) WAGE ADJUSTMENT.—Section this section, including reporting, disclosure, (D) State law enforcement agencies. 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) and administration. Such fees shall be avail- (E) State medicaid fraud and abuse units. is amended by striking ‘‘agency is located’’ able to the Secretary or, in the Secretary’s (F) Federal or State agencies responsible and inserting ‘‘service is furnished’’. discretion to the agency designated under for the licensing and certification of health SEC. 305. APPLICATION OF INHERENT REASON- this section to cover such costs. care providers and licensed health care prac- ABLENESS. titioners. (e) PROTECTION FROM LIABILITY FOR RE- (a) IN GENERAL.—Section 1834(a)(10)(B) (42 (6) HEALTH PLAN.—The term ‘‘health plan’’ PORTING.—No person or entity shall be held U.S.C. 1395m(a)(10)(B)) is amended— has the meaning given such term by section liable in any civil action with respect to any (1) in the first sentence, by striking ‘‘apply 1128C(c) of the Social Security Act, as added report made as required by this section, the provisions’’ and all that follows through by section 101(a) of this Act. without knowledge of the falsity of the infor- the period and inserting ‘‘describe by regula- mation contained in the report. (g) CONFORMING AMENDMENT.—Section 1921(d) (42 U.S.C. 1396r–2(d)) is amended by in- tion the factors to be used in determining (f) DEFINITIONS AND SPECIAL RULES.—For serting ‘‘and section 301 of the Medicare the cases (or particular items) in which the purposes of this section: Antifraud Act of 1996’’ after ‘‘section 422 of application of this subsection results in the (1) FINAL ADVERSE ACTION.— the Health Care Quality Improvement Act of determination of an amount that, by reason (A) IN GENERAL.—The term ‘‘final adverse 1986’’. of its being grossly excessive or grossly defi- action’’ includes the following: SEC. 302. INSPECTOR GENERAL ACCESS TO NA- cient, is not inherently reasonable, and to (i) Civil judgments against a health care TIONAL PRACTITIONER DATA BANK. provide in such cases for the factors that will provider or practitioner in Federal or State Section 427 of the Health Care Quality Im- be considered in establishing an amount that court related to the delivery of a health care provement Act of 1986 (42 U.S.C. 11137) is is realistic and equitable.’’; and item or service. amended— (2) in the second sentence, by striking ‘‘ap- (ii) Federal or State criminal convictions (1) in subsection (a), by adding at the end plying such provisions’’ and inserting ‘‘ap- related to the delivery of a health care item the following sentence: ‘‘Information re- plying the previous provisions of this sub- or service. ported under this part shall also be made section’’. (iii) Actions by Federal or State agencies available, upon request, to the Inspector (b) CONFORMING AMENDMENT.—Section responsible for the licensing and certifi- General of the Departments of Health and 1834(i) (42 U.S.C. 1395m(i)) is amended by add- cation of health care providers, suppliers, Human Services, Defense, and Labor, the Of- ing at the end the following new paragraph: and licensed health care practitioners, in- fice of Personnel Management, and the Rail- ‘‘(3) ADJUSTMENT FOR INHERENT REASON- cluding— road Retirement Board.’’; and ABLENESS.—The provisions of subsection (I) formal or official actions, such as rev- (2) by amending subsection (b)(4) to read as (a)(10)(B) shall apply to payment for surgical ocation or suspension of a license (and the follows: dressings under this subsection.’’. length of any such suspension), reprimand, ‘‘(4) FEES.—The Secretary may impose fees censure, or probation, SEC. 306. CLARIFICATION OF TIME AND FILING for the disclosure of information under this LIMITATIONS. (II) any other loss of license, or the right part sufficient to recover the full costs of to apply for or renew a license of the pro- carrying out the provisions of this part, in- (a) IN GENERAL.—Section 1862(b)(2)(B) (42 vider, supplier, or practitioner, whether by cluding reporting, disclosure, and adminis- U.S.C. 1395y(b)(2)(B)) is amended by adding operation of law, voluntary surrender, non- tration, except that a fee may not be im- at the end the following new clause: renewability, or otherwise, or posed for requests made by the Inspector ‘‘(v) TIME, FILING, AND RELATED PROVISIONS (III) any other negative action or finding General of the Department of Health and UNDER PRIMARY PLAN.—Requirements under a by such Federal or State agency that is pub- Human Services. Such fees shall remain primary plan as to the filing of a claim, time licly available information. available to the Secretary (or, in the Sec- limitations for the filing of a claim, informa- (iv) Exclusion from participation in Fed- retary’s discretion, to the agency designated tion not maintained by the Secretary, or no- eral or State health care programs (as de- in section 424(b)) until expended.’’. tification or pre-admission review, shall not apply to a claim by the United States under fined in section 1128B(f) and 1128(h), respec- SEC. 303. CORPORATE WHISTLEBLOWER PRO- tively). GRAM. clause (ii) or (iii).’’. (v) Any other adjudicated actions or deci- Title XI (42 U.S.C. 1301 et seq.), as amended (b) EFFECTIVE DATE.—The amendment sions that the Secretary shall establish by by section 101(a), is amended by inserting made by subsection (a) applies to items and regulation. after section 1128C the following new section: services furnished after 1990. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6093 SEC. 307. CLARIFICATION OF LIABILITY OF and inserting ‘‘Federal health care programs ‘‘(4) in the case of a person who is not an THIRD PARTY ADMINISTRATORS. (as defined in section 1128B(f))’’. organization, agency, or other entity, is ex- (a) IN GENERAL.—Section 1862(b)(2)(B)(ii) (2) In subsection (f)— cluded from participating in a program (42 U.S.C. 1395y(b)(2)(B)(ii)) is amended by in- (A) by redesignating paragraph (3) as para- under title XVIII or a State health care pro- serting ‘‘, or which determines claims under graph (4); and gram in accordance with this subsection or the primary plan’’ after ‘‘primary plan’’. (B) by inserting after paragraph (2) the fol- under section 1128 and who, at the time of a (b) CLAIMS BETWEEN PARTIES OTHER THAN lowing new paragraph: violation of this subsection, retains a direct THE UNITED STATES.—Section 1862(b)(2)(B) (42 ‘‘(3) With respect to amounts recovered or indirect ownership or control interest of 5 U.S.C. 1395y(b)(2)(B)), as amended by section arising out of a claim under a Federal health percent or more, or an ownership or control 306(a) of this Act, is amended by adding at care program (as defined in section 1128B(f)), interest (as defined in section 1124(a)(3)) in, the end the following new clause: the portion of such amounts as is determined or who is an officer or managing employee ‘‘(vi) CLAIMS BETWEEN PARTIES OTHER THAN to have been paid by the program shall be re- (as defined in section 1126(b)) of, an entity THE UNITED STATES.—A claim by the United paid to the program, and the portion of such that is participating in a program under title States under clause (ii) or (iii) shall not pre- amounts attributable to the amounts recov- XVIII or a State health care program;’’. clude claims between other parties.’’. ered under this section by reason of the (c) EMPLOYER BILLING FOR SERVICES FUR- (c) EFFECTIVE DATE.—The amendments amendments made by the Medicare Anti- NISHED, DIRECTED, OR PRESCRIBED BY AN EX- made by this section shall apply to items fraud Act of 1996 (as estimated by the Sec- CLUDED EMPLOYEE.—Section 1128A(a)(1) (42 and services furnished after 1990. retary) shall be deposited into the Health U.S.C. 1320a–7a(a)(1)), as amended by sub- SEC. 308. CLARIFICATION OF PAYMENT AMOUNTS Care Fraud and Abuse Control Account es- section (b), is amended— TO MEDICARE. tablished under section 101(b) of such Act.’’. (1) by striking ‘‘or’’ at the end of subpara- (a) IN GENERAL.—Section 1862(b)(2)(B)(i) (42 (3) In subsection (i)— graph (C); U.S.C. 1395y(b)(2)(B)(i)) is amended to read as (A) in paragraph (2), by striking ‘‘title V, (2) by striking the semicolon at the end of follows: XVIII, XIX, or XX of this Act’’ and inserting subparagraph (D) and inserting ‘‘, or’’; and ‘‘(i) REPAYMENT REQUIRED.— ‘‘a Federal health care program (as defined (3) by adding at the end the following new ‘‘(I) IN GENERAL.—Any payment under this in section 1128B(f))’’; subparagraph: title, with respect to any item or service for (B) in paragraph (4), by striking ‘‘a health ‘‘(E) is for a medical or other item or serv- which payment by a primary plan is required insurance or medical services program under ice furnished, directed, or prescribed by an under the preceding provisions of this sub- title XVIII or XIX of this Act’’ and inserting individual who is an employee or agent of section, shall be conditioned on reimburse- ‘‘a Federal health care program (as so de- the person during a period in which such em- ment to the appropriate Trust Fund estab- fined)’’; and ployee or agent was excluded from the pro- lished by this title when notice or other in- (C) in paragraph (5), by striking ‘‘title V, gram under which the claim was made on formation is received that payment for that XVIII, XIX, or XX’’ and inserting ‘‘a Federal any of the grounds for exclusion described in item or service has been or should have been health care program (as so defined)’’. subparagraph (D);’’. made under those provisions. If reimburse- (4) By adding at the end the following new (d) CIVIL MONEY PENALTIES FOR ITEMS OR ment is not made to the appropriate Trust subsection: SERVICES FURNISHED, DIRECTED, OR PRE- Fund before the expiration of the 60-day pe- ‘‘(m)(1) For purposes of this section, with SCRIBED BY AN EXCLUDED INDIVIDUAL.—Sec- riod that begins on the date such notice or respect to a Federal health care program not tion 1128A(a)(1)(D) (42 U.S.C. 1320a– other information is received, the Secretary contained in this Act, references to the Sec- 7a(a)(1)(D)) is amended by inserting ‘‘, di- may charge interest (beginning with the date retary in this section shall be deemed to be rected, or prescribed’’ after ‘‘furnished’’. on which the notice or other information is references to the Secretary or Administrator (e) MODIFICATIONS OF AMOUNTS OF PEN- received) on the amount of the reimburse- of the department or agency with jurisdic- ALTIES AND ASSESSMENTS.—Section 1128A(a) ment until reimbursement is made (at a rate tion over such program and references to the (42 U.S.C. 1320a–7a(a)), as amended by sub- determined by the Secretary in accordance Inspector General of the Department of section (b), is amended in the matter follow- with regulations of the Secretary of the Health and Human Services in this section ing paragraph (4)— Treasury applicable to charges for late pay- shall be deemed to be references to the In- (1) by striking ‘‘$2,000’’ and inserting ments). spector General of the applicable department ‘‘$10,000’’; ‘‘(II) DETERMINATION OF AMOUNT OWED.— or agency. (2) by inserting ‘‘; in cases under paragraph The amount owed by a primary plan under ‘‘(2)(A) The Secretary and Administrator of (4), $10,000 for each day the prohibited rela- the departments and agencies referred to in the first sentence of subclause (I) is the less- tionship occurs’’ after ‘‘false or misleading paragraph (1) may include in any action pur- er of the full primary payment required (if information was given’’; and suant to this section, claims within the ju- that amount is readily determinable) and the (3) by striking ‘‘twice the amount’’ and in- risdiction of other Federal departments or amount paid under this title for that item or serting ‘‘3 times the amount’’. agencies as long as the following conditions service.’’. (f) CLAIM FOR ITEM OR SERVICE BASED ON are satisfied: (b) CONFORMING AND TECHNICAL AMEND- INCORRECT CODING OR MEDICALLY UNNECES- ‘‘(i) The case primarily involves claims MENTS.— SARY SERVICES.—Section 1128A(a)(1) (42 submitted to the Federal health care pro- (1) Subparagraphs (A)(i)(I) and (B)(i) of sec- U.S.C. 1320a–7a(a)(1)), as amended by sub- grams of the department or agency initiat- tion 1862(b)(1) (42 U.S.C. 1395y(b)(1)) are each section (c), is amended— ing the action. amended by inserting ‘‘(or eligible to be cov- (1) in subparagraph (A) by striking ‘‘(ii) The Secretary or Administrator of the ered)’’ after ‘‘covered’’. ‘‘claimed,’’ and inserting ‘‘claimed, including department or agency initiating the action (2) Section 1862(b)(1)(C)(ii) (42 U.S.C. any person who engages in a pattern or prac- gives notice and an opportunity to partici- 1395y(b)(1)(C)(ii)) is amended by striking tice of presenting or causing to be presented pate in the investigation to the Inspector ‘‘covered by such plan’’. a claim for an item or service that is based General of the department or agency with on a code that the person knows or has rea- (3) The matter in section 1862(b)(2)(A) (42 primary jurisdiction over the Federal health U.S.C. 1395y(b)(2)(A)) preceding clause (i) is care programs to which the claims were sub- son to know will result in a greater payment amended by striking ‘‘, except as provided in mitted. to the person than the code the person knows subparagraph (B),’’. ‘‘(B) If the conditions specified in subpara- or has reason to know is applicable to the (c) EFFECTIVE DATE.—The amendments graph (A) are fulfilled, the Inspector General item or service actually provided,’’; made by this section shall apply to items of the department or agency initiating the (2) in subparagraph (D), by striking ‘‘or’’ at and services furnished after 1990. action is authorized to exercise all powers the end; and SEC. 309. INCREASED FLEXIBILITY IN CONTRACT- granted under the Inspector General Act of (3) in subparagraph (E), by striking the ING FOR MEDICARE CLAIMS PROC- 1978 (5 U.S.C. App.) with respect to the semicolon and inserting‘‘, or’’; and ESSING. claims submitted to the other departments (4) by inserting after subparagraph (E) the (a) CARRIERS TO INCLUDE ENTITIES THAT or agencies to the same manner and extent following new subparagraph: ARE NOT INSURANCE COMPANIES.—The matter as provided in that Act with respect to ‘‘(F) is for a medical or other item or serv- in section 1842(a) (42 U.S.C. 1395u(a)) preced- claims submitted to such departments or ice that a person knows or has reason to ing paragraph (1) is amended by striking agencies.’’. know is not medically necessary;’’. ‘‘with carriers’’ and inserting ‘‘with agencies (b) EXCLUDED INDIVIDUAL RETAINING OWN- (g) PERMITTING SECRETARY TO IMPOSE CIVIL and organizations (referred to as carriers)’’. ERSHIP OR CONTROL INTEREST IN PARTICIPAT- MONETARY PENALTY FOR KICKBACK VIOLA- (b) REPEAL.—Section 1842(f) (42 U.S.C. ING ENTITY.—Section 1128A(a) (42 U.S.C. TIONS.—Section 1128A(b) (42 U.S.C. 1320a– 1395u(f)) is repealed. 1320a–7a(a)) is amended— 7a(a)) is amended by adding the following TITLE IV—CIVIL MONETARY PENALTIES (1) by striking ‘‘or’’ at the end of paragraph new paragraph: SEC. 401. SOCIAL SECURITY ACT CIVIL MONE- (1)(D); ‘‘(3) Any person (including any organiza- TARY PENALTIES. (2) by striking ‘‘, or’’ at the end of para- tion, agency, or other entity, but excluding a (a) GENERAL CIVIL MONETARY PENALTIES.— graph (2) and inserting a semicolon; beneficiary as defined in subsection (i)(5)) Section 1128A (42 U.S.C. 1320a–7a) is amended (3) by striking the semicolon at the end of who the Secretary determines has violated as follows: paragraph (3) and inserting ‘‘; or’’; and section 1128B(b) of this title shall be subject (1) In the third sentence of subsection (a), (4) by inserting after paragraph (3) the fol- to a civil monetary penalty of not more than by striking ‘‘programs under title XVIII’’ lowing new paragraph: $10,000 for each such violation. In addition, S6094 CONGRESSIONAL RECORD — SENATE June 11, 1996

such person shall be subject to an assess- (k) EFFECTIVE DATE.—The amendments to section 982(a)(6) of title 18, United States ment of not more than twice the total made by this section shall take effect Janu- Code. amount of the remuneration offered, paid, ary 1, 1997. SEC. 503. INJUNCTIVE RELIEF RELATING TO FED- solicited, or received in violation of section TITLE V—AMENDMENTS TO CRIMINAL ERAL HEALTH CARE OFFENSES. 1128B(b). The total amount of remuneration LAW (a) IN GENERAL.—Section 1345(a)(1) of title subject to an assessment shall be calculated 18, United States Code, is amended— SEC. 501. HEALTH CARE FRAUD. without regard to whether some portion (1) by striking ‘‘or’’ at the end of subpara- (a) IN GENERAL.— thereof also may have been intended to serve graph (A); (1) FINES AND IMPRISONMENT FOR HEALTH a purpose other than one proscribed by sec- (2) by inserting ‘‘or’’ at the end of subpara- CARE FRAUD VIOLATIONS.—Chapter 63 of title tion 1128B(b).’’. graph (B); and 18, United States Code, is amended by adding (h) SANCTIONS AGAINST PRACTITIONERS AND (3) by adding at the end the following new at the end the following new section: PERSONS FOR FAILURE TO COMPLY WITH STAT- subparagraph: UTORY OBLIGATIONS.—Section 1156(b)(3) (42 ‘‘§ 1347. Health care fraud ‘‘(C) committing or about to commit a U.S.C. 1320c–5(b)(3)) is amended by striking ‘‘(a) Whoever knowingly and willfully exe- Federal health care offense (as defined in ‘‘the actual or estimated cost’’ and inserting cutes, or attempts to execute, a scheme or section 982(a)(6)(B) of this title);’’. ‘‘up to $10,000 for each instance’’. artifice— (b) FREEZING OF ASSETS.—Section 1345(a)(2) (i) PROCEDURAL PROVISIONS.—Section ‘‘(1) to defraud any health plan or other of title 18, United States Code, is amended by 1876(i)(6) (42 U.S.C. 1395mm(i)(6)), as amended person, in connection with the delivery of or inserting ‘‘or a Federal health care offense by section 207(a)(2), is amended by adding at payment for health care benefits, items, or (as defined in section 982(a)(6)(B))’’ after the end the following new subparagraph: services; or ‘‘title)’’. ‘‘(D) The provisions of section 1128A (other ‘‘(2) to obtain, by means of false or fraudu- SEC. 504. GRAND JURY DISCLOSURE. than subsections (a) and (b)) shall apply to a lent pretenses, representations, or promises, Section 3322 of title 18, United States Code, civil money penalty under subparagraph (A) any of the money or property owned by, or is amended— or (B) in the same manner as they apply to under the custody or control of, any health (1) by redesignating subsections (c) and (d) a civil money penalty or proceeding under as subsections (d) and (e), respectively; and section 1128A(a).’’. plan, or person in connection with the deliv- (j) PROHIBITION AGAINST OFFERING INDUCE- ery of or payment for health care benefits, (2) by inserting after subsection (b) the fol- MENTS TO INDIVIDUALS ENROLLED UNDER PRO- items, or services; lowing new subsection: ‘‘(c) A person who is privy to grand jury in- GRAMS OR PLANS.— shall be fined under this title or imprisoned formation concerning a Federal health care (1) OFFER OF REMUNERATION.—Section not more than 10 years, or both. If the viola- 1128A(a) (42 U.S.C. 1320a–7a(a)), as amended tion results in serious bodily injury (as de- offense (as defined in section 982(a)(6)(B))— by subsection (b), is amended— fined in section 1365(g)(3) of this title), such ‘‘(1) received in the course of duty as an at- (A) by striking ‘‘, or’’ at the end of para- person may be imprisoned for any term of torney for the Government; or graph (3) and inserting a semicolon; years. ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the (B) by striking the semicolon at the end of ‘‘(b) For purposes of this section, the term Federal Rules of Criminal Procedure; may disclose that information to an attor- paragraph (4) and inserting ‘‘; or’’; and ‘health plan’ has the same meaning given ney for the Government to use in any inves- (C) by inserting after paragraph (4) the fol- such term in section 1128C(c) of the Social tigation or civil proceeding relating to lowing new paragraph: Security Act.’’. health care fraud.’’. ‘‘(5) offers to or transfers remuneration to (2) CLERICAL AMENDMENT.—The table of any individual eligible for benefits under sections at the beginning of chapter 63 of SEC. 505. FALSE STATEMENTS. title XVIII of this Act, or under a State title 18, United States Code, is amended by (a) IN GENERAL.—Chapter 47, of title 18, health care program (as defined in section adding at the end the following: United States Code, is amended by adding at the end the following new section: 1128(h)) that such person knows or should ‘‘1347. Health care fraud.’’. know is likely to influence such individual (b) CRIMINAL FINES DEPOSITED IN THE ‘‘§ 1035. False statements relating to health to order or receive from a particular pro- HEALTH CARE FRAUD AND ABUSE CONTROL AC- care matters vider, practitioner, or supplier any item or COUNT.—The Secretary of the Treasury shall ‘‘(a) Whoever, in any matter involving a service for which payment may be made, in deposit into the Health Care Fraud and health plan, knowingly and willfully fal- whole or in part, under title XVIII, or a Abuse Control Account established under sifies, conceals, or covers up by any trick, State health care program (as so defined);’’. section 101(b) an amount equal to the crimi- scheme, or device a material fact, or makes (2) REMUNERATION DEFINED.—Section nal fines imposed under section 1347 of title any false, fictitious, or fraudulent state- 1128A(i) (42 U.S.C. 1320a–7a(i)) is amended by 18, United States Code (relating to health ments or representations, or makes or uses adding the following new paragraph: care fraud). any false writing or document knowing the ‘‘(6) The term ‘remuneration’ includes the SEC. 502. FORFEITURES FOR FEDERAL HEALTH same to contain any false, fictitious, or waiver of coinsurance and deductible CARE OFFENSES. fraudulent statement or entry, shall be fined amounts (or any part thereof), and transfers (a) IN GENERAL.—Section 982(a) of title 18, under this title or imprisoned not more than of items or services for free or for other than United States Code, is amended by adding 5 years, or both. fair market value. The term ‘remuneration’ after paragraph (5) the following new para- ‘‘(b) For purposes of this section, the term does not include— graph: ‘health plan’ has the same meaning given ‘‘(A) the waiver of coinsurance and deduct- ‘‘(6)(A) The court, in imposing sentence on such term in section 1128C(c) of the Social ible amounts by a person, if— a person convicted of a Federal health care Security Act.’’. ‘‘(i) the waiver is not offered as part of any offense, shall order the person to forfeit (b) CLERICAL AMENDMENT.—The table of advertisement or solicitation; property, real or personal, that constitutes sections at the beginning of chapter 47 of ‘‘(ii) the person does not routinely waive or is derived, directly or indirectly, from title 18, United States Code, in amended by coinsurance or deductible amounts; and proceeds traceable to the commission of the adding at the end the following: ‘‘(iii) the person— offense. ‘‘1035. False statements relating to health ‘‘(I) waives the coinsurance and deductible ‘‘(B) For purposes of this paragraph, the care matters.’’. amounts after determining in good faith that term ‘Federal health care offense’ means a SEC. 506. OBSTRUCTION OF CRIMINAL INVES- the individual is in financial need; violation of, or a criminal conspiracy to vio- TIGATIONS, AUDITS, OR INSPEC- ‘‘(II) fails to collect coinsurance or deduct- late— TIONS OF FEDERAL HEALTH CARE ible amounts after making reasonable collec- ‘‘(i) section 1347 of this title; OFFENSES. tion efforts; or ‘‘(ii) section 1128B of the Social Security (a) IN GENERAL.—Chapter 73 of title 18, ‘‘(III) provides for any permissible waiver Act; United States Code, is amended by adding at as specified in section 1128B(b)(3) or in regu- ‘‘(iii) section 287, 371, 664, 666, 1001, 1027, the end the following new section: lations issued by the Secretary; 1341, 1343, 1920, or 1954 of this title if the vio- ‘‘§ 1518. Obstruction of criminal investiga- ‘‘(B) differentials in coinsurance and de- lation or conspiracy relates to health care tions, audits, or inspections of Federal ductible amounts as part of a benefit plan fraud; and health care offenses design as long as the differentials have been ‘‘(iv) section 501 or 511 of the Employee Re- ‘‘(a) IN GENERAL.—Whoever willfully pre- disclosed in writing to all beneficiaries, third tirement Income Security Act of 1974, if the vents, obstructs, misleads, delays or at- party payors, and providers, to whom claims violation or conspiracy relates to health care tempts to prevent, obstruct, mislead, or are presented and as long as the differentials fraud.’’. delay the communication of information or meet the standards as defined in regulations (b) PROPERTY FORFEITED DEPOSITED IN records relating to a Federal health care of- promulgated by the Secretary not later than HEALTH CARE FRAUD AND ABUSE CONTROL AC- fense to a Federal agent or employee in- 180 days after the date of the enactment of COUNT.—The Secretary of the Treasury shall volved in an investigation, audit, inspection, the Medicare Antifraud Act of 1996; or deposit into the Health Care Fraud and or other activity related to such an offense, ‘‘(C) incentives given to individuals to pro- Abuse Control Account established under shall be fined under this title or imprisoned mote the delivery of preventive care as de- section 101(b) an amount equal to amounts not more than 5 years, or both. termined by the Secretary in regulations so resulting from forfeiture of property by rea- ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As promulgated.’’. son of a Federal health care offense pursuant used in this section the term ‘Federal health June 11, 1996 CONGRESSIONAL RECORD — SENATE S6095 care offense’ has the same meaning given ‘‘(2) Investigative demands utilizing an ad- given such term in section 1128C(c) of the So- such term in section 982(a)(6)(B) of this title. ministrative subpoena are authorized for any cial Security Act.’’. ‘‘(c) CRIMINAL INVESTIGATOR.—As used in investigation with respect to any act or ac- (b) CLERICAL AMENDMENT.—The table of this section the term ‘criminal investigator’ tivity constituting or involving health care sections for chapter 223 of title 18, United means any individual duly authorized by a fraud, including a scheme or artifice— States Code, is amended by inserting after department, agency, or armed force of the ‘‘(A) to defraud any health plan or other the item relating to section 3485 the follow- United States to conduct or engage in inves- person, in connection with the delivery of or ing new item: tigations for prosecutions for violations of payment for health care benefits, items, or ‘‘3486. Authorized investigative demand pro- health care offenses.’’. services; or cedures.’’. (b) CLERICAL AMENDMENT.—The table of ‘‘(B) to obtain, by means of false or fraudu- (c) CONFORMING AMENDMENT.—Section sections at the beginning of chapter 73 of lent pretenses, representations, or promises, title 18, United States Code, is amended by 1510(b)(3)(B) of title 18, United States Code, is any of the money or property owned by, or amended by inserting ‘‘or a Department of adding at the end the following: under the custody or control or, any health ‘‘1518. Obstruction of criminal investiga- Justice subpoena (issued under section plan, or person in connection with the deliv- 3486),’’ after ‘‘subpoena’’. tions, audits, or inspections of ery of or payment for health care benefits, Federal health care offenses.’’. items, or services. TITLE VI—STATE HEALTH CARE FRAUD SEC. 507. THEFT OR EMBEZZLEMENT. ‘‘(b) SERVICE.—A subpoena issued under CONTROL UNITS (a) IN GENERAL.—Chapter 31 of title 18, this section may be served by any person SEC. 601. STATE HEALTH CARE FRAUD CONTROL United States Code, is amended by adding at designated in the subpoena to serve it. Serv- UNITS. the end the following new section: ice upon a natural person may be made by (a) EXTENSION OF CONCURRENT AUTHORITY ‘‘§ 669. Theft or embezzlement in connection personal delivery of the subpoena to such TO INVESTIGATE AND PROSECUTE FRAUD IN with health care person. Service may be made upon a domes- OTHER FEDERAL PROGRAMS.—Section ‘‘(a) IN GENERAL.—Whoever willfully em- tic or foreign association which is subject to 1903(q)(3) (42 U.S.C. 1396b(q)(3)) is amended— bezzles, steals, or otherwise without author- suit under a common name, by delivering the (1) by inserting ‘‘(A)’’ after ‘‘in connection ity willfully and unlawfully converts to the subpoena to an officer, to a managing or gen- with’’; and use of any person other than the rightful eral agent, or to any other agent authorized (2) by striking ‘‘title.’’ and inserting ‘‘title; owner, or intentionally misapplies any of the by appointment or by law to receive service and (B) in cases where the entity’s function moneys, funds, securities, premiums, credits, of process. The affidavit of the person serv- is also described by subparagraph (A), and property, or other assets of a health plan, ing the subpoena entered on a true copy upon the approval of the relevant Federal shall be fined under this title or imprisoned thereof by the person serving it shall be agency, any aspect of the provision of health not more than 10 years, or both. proof of service. care services and activities of providers of ‘‘(c) ENFORCEMENT.—In the case of contu- ‘‘(b) HEALTH PLAN.—As used in this section such services under any Federal health care the term ‘health plan’ has the same meaning macy by or refusal to obey a subpoena issued program (as defined in section 1128B(b)(1)).’’. to any person, the Attorney General may in- given such term in section 1128C(c) of the So- (b) EXTENSION OF AUTHORITY TO INVES- voke the aid of any court of the United cial Security Act.’’. TIGATE AND PROSECUTE PATIENT ABUSE IN States within the jurisdiction of which the (b) CLERICAL AMENDMENT.—The table of NON-MEDICAID BOARD AND CARE FACILITIES.— sections at the beginning of chapter 31 of investigation is carried on or of which the Section 1903(q)(4) (42 U.S.C. 1396b(q)(4)) is title 18, United States Code, is amended by subpoenaed person is an inhabitant, or in amended to read as follows: adding at the end the following: which such person carries on business or ‘‘(4)(A) The entity has— may be found, to compel compliance with ‘‘669. Theft or embezzlement in connection ‘‘(i) procedures for reviewing complaints of the subpoena. The court may issue an order with health care.’’. abuse or neglect of patients in health care requiring the subpoenaed person to appear facilities which receive payments under the SEC. 508. LAUNDERING OF MONETARY INSTRU- before the Attorney General to produce MENTS. State plan under this title; records, if so ordered, or to give testimony Section 1956(c)(7) of title 18, United States ‘‘(ii) at the option of the entity, procedures touching the matter under investigation. Code, is amended by adding at the end the for reviewing complaints of abuse or neglect Any failure to obey the order of the court following new subparagraph: of patients residing in board and care facili- may be punished by the court as a contempt ‘‘(F) Any act or activity constituting an ties; and thereof. All process in any such case may be offense involving a Federal health care of- ‘‘(iii) procedures for acting upon such com- served in any judicial district in which such fense as that term is defined in section plaints under the criminal laws of the State person may be found. 982(a)(6)(B) of this title.’’. or for referring such complaints to other ‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Not- State agencies for action. SEC. 509. AUTHORIZED INVESTIGATIVE DEMAND withstanding any Federal, State, or local PROCEDURES. ‘‘(B) For purposes of this paragraph, the law, any person, including officers, agents, (a) IN GENERAL.—Chapter 233 of title 18, term ‘board and care facility’ means a resi- and employees, receiving a subpoena under United States Code, is amended by adding dential setting which receives payment from this section, who complies in good faith with after section 3485 the following new section: or on behalf of two or more unrelated adults the subpoena and thus produces the mate- who reside in such facility, and for whom one ‘‘§ 3486. Authorized investigative demand pro- rials sought, shall not be liable in any court cedures or both of the following is provided: of any State or the United States to any cus- ‘‘(i) Nursing care services provided by, or ‘‘(a) AUTHORIZATION.— tomer or other person for such production or under the supervision of, a registered nurse, ‘‘(1) In any investigation relating to func- for nondisclosure of that production to the tions set forth in paragraph (2), the Attorney licensed practical nurse, or licensed nursing customer. assistant. General or designee may issue in writing and ‘‘(e) USE IN ACTION AGAINST INDIVIDUALS.— ‘‘(ii) Personal care services that assist resi- cause to be served a subpoena compelling ‘‘(1) Health information about an individ- dents with the activities of daily living, in- production of any records (including any ual that is disclosed under this section may cluding personal hygiene, dressing, bathing, books, papers, documents, electronic media, not be used in, or disclosed to any person for eating, toileting, ambulation, transfer, posi- or other objects or tangible things), which use in, any administrative, civil, or criminal tioning, self-medication, body care, travel to may be relevant to an authorized law en- action or investigation directed against the medical services, essential shopping, meal forcement inquiry, that a person or legal en- individual who is the subject of the informa- preparation, laundry, and housework.’’. tity may possess or have care, custody, or tion unless the action or investigation arises control. A custodian of records may be re- out of and is directly related to receipt of TITLE VII—MEDICARE/MEDICAID BILLING quired to give testimony concerning the pro- health care or payment for health care or ac- ABUSE PREVENTION duction and authentication of such records. tion involving a fraudulent claim related to SEC. 701. UNIFORM MEDICARE/MEDICAID APPLI- The production of records may be required health, or if authorized by an appropriate CATION PROCESS. from any place in any State or in any terri- order of a court of competent jurisdiction, Not later than 1 year after the date of the tory or other place subject to the jurisdic- granted after application showing good cause enactment of this Act, the Secretary of tion of the United States at any designated therefore. Health and Human Services (in this title re- place, except that such production shall not ‘‘(2) In assessing good cause, the court ferred to as the ‘‘Secretary’’) shall establish be required more than 500 miles distant from shall weigh the public interest and the need procedures and a uniform application form the place where the subpoena is served. Wit- for disclosure against the injury to the pa- for use by any individual or entity that nesses summoned under this section shall be tient, to the physician-patient relationship, seeks to participate in the programs under paid the same fees and mileage that are paid and to the treatment services. titles XVIII and XIX of the Social Security witnesses in the courts of the United States. ‘‘(3) Upon the granting of such order, the Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et A subpoena requiring the production of court, in determining the extent to which seq.). The procedures established shall in- records shall describe the objects required to any disclosure of all or any part of any clude the following: be produced and prescribe a return date record is necessary, shall impose appropriate (1) Execution of a standard authorization within a reasonable period of time within safeguards against unauthorized disclosure. form by all individuals and entities prior to which the objects can be assembled and made ‘‘(f) HEALTH PLAN.—As used in this section, submission of claims for payment which available. the term ‘health plan’ has the same meaning shall include the social security number of S6096 CONGRESSIONAL RECORD — SENATE June 11, 1996 the beneficiary and the TIN (as defined in S. 1859 are not otherwise appropriated, an amount section 7701(a)(41) of the Internal Revenue Be it enacted by the Senate and House of Rep- equal to the amount certified under sub- Code of 1986) of any health care provider, resentatives of the United States of America in section (b). supplier, or practitioner providing items or Congress assembled, services under the claim. SECTION 1. SHORT TITLE. By Mr. MCCONNELL (for himself, (2) Assumption of responsibility and liabil- This Act may be cited as the ‘‘Medicare Mr. DOLE, Mr. LIEBERMAN, and ity for all claims submitted. Restore Trust Act of 1996’’. Mr. MOYNIHAN): (3) A right of access by the Secretary to SEC. 2. PROHIBITION ON CONSIDERATION OF S. 1860. A bill to provide for legal re- provider records relating to items and serv- LEGISLATION THAT DIVERTS SAV- form and consumer compensation re- ices rendered to beneficiaries of such pro- INGS ACHIEVED THROUGH MEDI- lating to motor vehicle tort systems, grams. CARE WASTE, FRAUD, AND ABUSE (4) Retention of source documentation. ENFORCEMENT ACTIVITIES FOR and for other purposes; to the Commit- (5) Provision of complete and accurate doc- PURPOSES OTHER THAN IMPROVING tee on Commerce, Science, and Trans- umentation to support all claims for pay- THE SOLVENCY OF THE FEDERAL portation. HOSPITAL INSURANCE TRUST FUND. ment. THE AUTO CHOICE REFORM ACT OF 1996 (6) A statement of the legal consequences (a) POINT OF ORDER.—It shall not be in for the submission of false or fraudulent order in the Senate to consider any bill, con- claims for payment. ference report, or any other legislation that By Mr. MCCONNELL (for himself would use savings achieved through enforce- and Mr. DOLE): SEC. 702. STANDARDS FOR UNIFORM CLAIMS. ment activities that are intended to combat S. 1861. A bill to provide for legal re- (a) ESTABLISHMENT OF STANDARDS.—Not waste, fraud, and abuse under the medicare later than 1 year after the date of the enact- form and consumer compensation, and program under title XVIII of the Social Se- for other purposes; to the Committee ment of this Act, the Secretary shall estab- curity Act as offsets for purposes other than lish standards for the form and submission of to improve the solvency of the Federal Hos- on the Judiciary. claims for payment under the medicare pro- pital Insurance Trust Fund established under THE LEGAL REFORM AND CONSUMER gram under title XVIII of the Social Secu- section 1817 of such Act (42 U.S.C. 1395i) (in COMPENSATION ACT OF 1996 rity Act (42 U.S.C. 1395 et seq.) and the med- this Act referred to as the ‘‘trust fund’’). ∑ Mr. MCCONNELL. Mr. President, sev- icaid program under title XIX of such Act (42 (b) WAIVER.—The point of order described eral weeks ago, I was disappointed, but U.S.C. 1396 et seq.). in subsection (a) may be waived or suspended not surprised, when the President ve- (b) ENSURING PROVIDER RESPONSIBILITY.— 3 in the Senate by a ⁄5 majority vote of the toed the bipartisan product liability re- In establishing standards under subsection Senators duly chosen and sworn, or by the (a), the Secretary, in consultation with ap- unanimous consent of the Senate. form bill. The bill would have curbed propriate agencies including the Department (c) APPEALS.— runaway punitive damage awards— of Justice, shall include such methods of en- (1) IN GENERAL.—Appeals in the Senate which the Supreme Court endorsed in suring provider responsibility and account- from decisions of the Chair relating to this its recent BMW versus Gore decision— ability for claims submitted as necessary to section shall be limited to 1 hour, to be and offered some protection to those control fraud and abuse. equally divided between and controlled by, needlessly dragged into lawsuits. The (c) USE OF ELECTRONIC MEDIA.—The Sec- the appellant and the manager of the bill, President, erroneously, in my view, retary shall develop specific standards which conference report, or other legislation, as govern the submission of claims through the case may be. charged that the product liability re- electronic media in order to control fraud (2) WAIVER.—An affirmative 3⁄5 majority form bill, offered too many benefits to and abuse in the submission of such claims. vote of the Senators duly chosen and sworn, business and unfairly burdened the in- SEC. 703. UNIQUE PROVIDER IDENTIFICATION or a unanimous consent agreement of the jured. CODE. Senate shall be required to sustain an appeal The President missed an opportunity (a) ESTABLISHMENT OF SYSTEM.—Not later of the ruling of the Chair on a point of order to correct some of the defects in the than 1 year after the date of the enactment raised under this section. legal system. The fact is the system is of this Act, the Secretary shall establish a SEC. 3. ENSURING THE INTEGRITY OF THE FED- too costly and fails to provide prompt system which provides for the issuance of a ERAL HOSPITAL INSURANCE TRUST FUND. and fair relief to those who are injured. unique identifier code for each individual or Less than half of every dollar spent on entity furnishing items or services for which (a) DETERMINATION.—Prior to the end of payment may be made under title XVIII or each fiscal year, the Secretary of Health and lawsuits goes to the injured. XIX of the Social Security (42 U.S.C. 1395 et Human Services (in this section referred to And, spiraling legal costs exact a toll seq.; 1396 et seq.), and the notation of such as the ‘‘Secretary’’) and the Attorney Gen- on every American family and business unique identifier codes on all claims for pay- eral shall jointly determine— owner in the form of higher insurance ment. (1) the portion of the costs charged during premiums and ever-increasing costs for such fiscal year to any account established (b) APPLICATION FEE.—The Secretary shall medical care. FBI Director Louis Freeh require an individual applying for a unique within the Federal Hospital Insurance Trust Fund under title XVIII of the Social Secu- estimates that fraudulent medical identifier code under subsection (a) to sub- claims arising out of phony car acci- mit a fee in an amount determined by the rity Act (42 U.S.C. 1395 et seq.) to combat Secretary to be sufficient to cover the cost health care waste, fraud, and abuse, which do dents cost every American household of investigating the information on the ap- not relate to the administration of the medi- $200 a year. plication and the individual’s suitability for care program; and Moreover, economic growth is im- receiving such a code. (2) the amount of funds deposited into such peded when new American-made prod- account of such trust fund during such fiscal SEC. 704. USE OF NEW PROCEDURES. ucts, technology, medicines, and medi- year that were attributable to enforcement cal devices aren’t brought to worldwide No payment may be made under either activities that were intended to combat title XVIII or XIX of the Social Security Act health care waste, fraud, and abuse, which do markets because of too many lawsuits. (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.) not relate to the administration of the medi- This mess-of-a-legal system can be for any item or service furnished by an indi- care program. turned around with reforms that will vidual or entity unless the requirements of (b) CERTIFICATION.—If the portion deter- ensure those who are injured get fairly sections 702 and 703 are satisfied. mined under paragraph (1) of subsection (a) and quickly compensated without re- SEC. 705. NONDISCHARGEABILITY OF CERTAIN exceeds the amount determined under para- sort to expensive and protracted litiga- MEDICARE DEBTS. graph (2) of such subsection, the Secretary tion. The two bills I am introducing (a) PAYMENT TO PROVIDERS.—Section and the Attorney General shall certify to the today take aim at the unnecessary 1815(d) (42 U.S.C. 1395g(d)) is amended by add- Secretary of the Treasury the amount, which ing at the end thereof the following new sen- shall be equal to the amount of such excess, costs of personal injury lawsuits. The tence: ‘‘Notwithstanding any other provision which should be transferred from the Gen- result will be more money in the hands of law, amounts due to the program under eral Fund of the Treasury to such trust fund, of the injured more quickly, and a mas- this subsection are not dischargeable under in order to ensure that such trust fund is sive savings to American consumers. any provision of title 11, United States fully reimbursed for any expenditures made The Joint Economic Committee esti- Code.’’. from the account described in subsection (a) mates that the Auto Choice Reform (b) PAYMENT OF BENEFITS.—Section 1833(j) that are not related to the administration of Act will save the driving public $40 bil- (42 U.S.C. 1395l(j)) is amended by adding at the medicare program under title XVIII of lion annually in insurance costs. Sav- the end thereof the following new sentence: the Social Security Act. ‘‘Notwithstanding any other provision of (c) TRANSFER OF FUNDS.—The Secretary of ings would be progressive, resulting in law, amounts due to the program under this the Treasury shall transfer to such trust savings to low-income drivers of about subsection are not dischargeable under any fund from the General Fund of the Treasury, 45 percent on their insurance pre- provision of title 11, United States Code.’’. out of any funds in the General Fund that miums. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6097 The Legal Reform and Consumer S.1860 negligent drivers for all further uncompen- Compensation Act, designed to change Be it enacted by the Senate and House of Rep- sated economic losses. the monopolistic and anticompetitive resentatives of the United States of America in SEC. 4. DEFINITIONS. contingent fee system and to provide a Congress assembled, For the purposes of this Act, the term— (1) ‘‘accident’’ means unforeseen or un- rapid recovery mechanism for personal SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Auto Choice planned event causing loss or injury; injury victims, would save more than Reform Act of 1996’’. (2) ‘‘economic loss’’ means any objectively $45 billion a year. SEC. 2. FINDINGS. verifiable pecuniary loss resulting from the These dramatic savings are achieved The Congress finds that— harm suffered, including past and future without capping punitive damages, or (1) the costs of operating a motor vehicle medical expenses, loss of past and future limiting the rights of victims. Rather, are excessive due to the legal and adminis- earnings, burial costs, costs of repair, or re- trative costs associated with the processing placement costs of replacement services in these bills expand consumer options. the home, including child care, transpor- By adding a new type of auto insur- of claims under the tort system; (2) the costly fault and liability insurance tation, food preparation, and household care, ance, new ways of paying victims fairly system often fails to provide compensation costs of making reasonable accommodations for their injuries, and breaking the commensurate with loss, takes too long to to a personal residence, loss of employment, contingent fee hold, Americans will be pay benefits and wastes too many dollars on and loss of business or employment opportu- begin to be relieved of the litigation legal fees; nities, to the extent recovery for such losses burden that threatens to strangle (3) the distorted incentives of the tort sys- is allowed under applicable State law; tem for motor vehicles produce— (3) ‘‘financial responsibility law’’ means a every family and burdens the overall statute (including one requiring compulsory economy. (A) significant fraud in the claiming proc- ess, thereby dangerously exacerbating the coverage) penalizing motorists for failing to The changes proposed in these bills national distrust felt by many Americans to- carry defined limits of tort liability insur- ance covering motor vehicle accidents; will require a major rethinking about ward the legal process in general and the (4) ‘‘insurer’’ includes a person who is self- the current zero-sum, adversarial legal rule of law itself; insured within the meaning of applicable (B) significant wasteful, fraudulent, and system. Occasionally, the legal system State law; costly overuse and abuse of scarce health rewards a persistent plaintiff with a (5) ‘‘intentional misconduct’’ means con- care resources and services, thereby increas- windfall damage award—like the duct whereby harm is intentionally caused ing the problems of affordability and acces- woman who won a multi-million-dollar or attempted to be caused by one who acts or sibility in the health care system; fails to act for the purpose of causing harm verdict from McDonald’s for spilling (C) significant and unbearable cost burdens or with knowledge that harm is substan- hot coffee on herself. But odds of win- on low-income Americans, which impose on ning in the legal system are about as tially certain to follow when such conduct them the Hobson’s choice of driving on an caused or substantially contributed to the good as hitting a jackpot in Las Vegas. unlawful, uninsured basis or compelling harm claimed for, except a person does not The perverse incentive structure— them to forego essential needs; intentionally cause or attempt to cause the one-in-a-million chance of winning (D) significant reductions in access to, and harm— purchases of, motor vehicles, thereby damag- the lottery—discourages settlement (A) merely because his or her act or failure ing the economic well-being of many low-in- to act is done with the realization that it and rewards a piling on of claims. If a come Americans, while also unnecessarily jury will award an injured party 3 creates a grave risk of causing harm; or harming a critical component of the Amer- (B) if the act or omission causing bodily times his or her out-of-pocket losses, ican economy; harm is for the purpose of averting bodily then 10 trips to the doctor are better (E) significant deterioration of the eco- harm to oneself or another person; than 2. The Rand Corp., in a study re- nomic well-being of most major American (6) ‘‘motor vehicle’’ means a vehicle of any leased earlier this year, estimates that cities through the imposition of a massive, kind required to be registered under the pro- excess medical claiming connected differentially greater ‘‘tort tax’’ on urban visions of the applicable State law relating residents, thereby contributing to the aban- to motor vehicles; with lawsuits consumed some $4 billion donment of cities by many American tax- of health care resources. (7) ‘‘net economic loss’’— payers able to achieve substantial after-tax (A) means economic loss, including when But the fault for the runaway legal savings on automobile insurance premiums payable based on fault, a reasonable attor- system does not lie exclusively with by the sole act of moving to adjacent subur- ney’s fee calculated on the basis of the value the injured and their lawyers. Defend- ban communities; and of the attorney’s efforts as reflected in pay- ants and their lawyers know that the (F) significant inability to achieve market- ment to the attorney’s client; and based discounts in insurance rates for owners (B) excludes amounts paid or payable multimillion-dollar jury award is a of safer cars, thereby powerfully contribut- rare occurrence. Yet, most cases are under— ing to the lesser safety of American drivers (i) Federal, State, or private disability or fought as if every case results in $1 and passengers; sickness programs; million verdict. Every dollar spent on (4) a system that allows consumers the op- (ii) Federal, State, or private health insur- defense buys delay and precludes early portunity to self-insure and separates eco- ance programs; and reasonable resolution. nomic and non-economic damages for the (iii) employer wage continuation pro- In the meantime, every American purpose of purchasing insurance would pro- grams; vide enormous cost savings to drivers; (iv) workers’ compensation or similar oc- pays the price—through higher car in- (5) consumer choice in selection of motor cupational compensation acts; and surance premiums, spiraling medical vehicle insurance would be greatly enhanced (v) any other source of payment intended bills, and soaring prices at the check- if each consumer could decide upon the form to compensate such individual for injuries out counter. And the economy suffers of insurance that best suits the individual resulting from a motor vehicle accident, in- from slow growth and through prod- needs of the consumer; cluding amounts paid under personal protec- ucts, inventions, and technologies (6) insurance to indemnify individuals for tion insurance or tort maintenance coverage; withheld from the world’s markets be- personal injury arising from motor vehicle (8) ‘‘no-fault motor vehicle law’’ means a cause of the cost of lawsuits. It’s time collisions is frequently unavailable at rea- statute under which those injured in motor sonable cost because of the potential for vehicle accidents are paid without regard to we cut the tort tax and give every third-party claims; fault for their pecuniary losses as a result of American relief from the costly legal (7) a system enabling individuals to select personal injury, in return for which claims system. the form of motor vehicle insurance cov- based on fault including for nonpecuniary I am pleased that Senator DOLE is erage that best suits individual needs would losses, are to a defined extent limited; joining this effort. His sponsorship of enhance individual freedom and reduce the (9) ‘‘noneconomic loss’’ means subjective, this ambitious effort to overhaul the costs of motor vehicle insurance for consum- nonmonetary losses including pain, suffer- ers; and ing, inconvenience, mental suffering, emo- legal system will probably be one of his (8) a system which targets and emphasizes tion distress, loss of society and companion- last legislative initiatives. I am hon- the scourge of those who drive under the in- ship, loss of consortium, hedonic damages, ored to have his support. fluence of drugs or alcohol will further deter injury to reputation, and humiliation; I ask unanimous consent that a copy such dangerous and unlawful conduct. (10) ‘‘person’’ means any individual, cor- of the two bills and a summary of the SEC. 3. PURPOSE. poration, company, association, firm, part- nership, society, joint stock company, or any bills be printed in the RECORD. The purpose of this Act is to authorize con- sumers of motor vehicle insurance to choose other entity (including any governmental There being no objection, the mate- between their present tort remedies under entity); rial was ordered to be printed in the State law and a system which combines (11) ‘‘personal protection’’ means an insur- RECORD, as follows: first-party insurance and the right to sue ance contract payable without regard to S6098 CONGRESSIONAL RECORD — SENATE June 11, 1996 fault for net economic loss due to personal tractual provisions giving effect to personal the absence of express consent, shall be im- injury resulting from a motor vehicle acci- protection authorizations set forth in this plied when the relative is present in a motor dent, along with waiver of tort claims pursu- Act, or to the extent that State law would be vehicle operated by the motorist; and ant to this Act; contrary to other provisions of this Act. (ii) insurers are authorized to specify rea- (12) ‘‘replacement service loss’’ means ex- (3) A personal protection insurer is author- sonable terms and conditions governing the penses reasonably incurred in obtaining ordi- ized to contract to pay personal protection commencement, duration, and application of nary and necessary services from others, not benefits periodically as losses accrue. Unless the chosen coverage depending on the num- members of the injured person’s household, the treatment or expenses related thereto ber of motor vehicles and owners thereof in in lieu of the services the injured person are in reasonable dispute, an insurer who a household. would have performed for the benefit of the does not pay a claim for net economic loss (B) In order to minimize conflict between household; covered by a personal protection insurance the two options under subparagraph (A), in- (13) ‘‘resident relative or dependent’’ under this Act within 30 days after payment surers are authorized to maintain underwrit- means a person related to the owner of a is due, shall pay the loss compounded at a ing rules that encourage uniformity within a motor vehicle by blood, marriage, adoption, rate of 50 percent per annum, as liquidated household. or otherwise (including a dependent receiv- damages and in lieu of any penalty or exem- (6) A personal protection insured retains ing financial services or support from such plary damages. the right to claim, and remains subject to a owner), and residing in the same household (b) OPERATION OF THE RIGHT TO CHOOSE.— claim, for driving under the influence of al- at the time of accidental personal injury, (1) Under this Act, in lieu of buying tradi- cohol or illegal drugs, both as defined by and a person resides in the same household if tional tort liability insurance for personal State law, or for intentional misconduct. he or she usually makes his or her home in injury to protect third parties, motorists (7) A personal protection insured claims the same family unit, even though tempo- have the right to choose personal protection personal protection benefits in the following rarily living elsewhere; which will be available to themselves and priority: (14) ‘‘serious bodily injury’’ means bodily their family members in the event of a (A) The personal protection of an employer injury which results in death, dismember- motor vehicle accident, including the if the person injured is an employee of the ment, significant and permanent loss of an amount of financial protection they deem employer and the accident occurs while the important bodily function, or significant and appropriate and affordable for themselves employee is acting within the scope of the permanent scarring or disfigurement; and such others. As an alternative, motorists employee’s employment. (15) ‘‘State’’ means any State of the United have the right to elect traditional tort liabil- (B) The personal protection under which States, the District of Columbia, the Com- ity coverage for personal injury at the mini- the injured person is or was an insured. monwealth of Puerto Rico, Guam, the Virgin mum limits (or higher) under the State’s fi- (C) The personal protection covering a Islands, American Samoa, the Northern Mar- nancial responsibility law. motor vehicle involved in the accident, if the iana Islands, the Trust Territories of the Pa- (2)(A) A motorist who chooses traditional person injured was an occupant or was tort liability has automatically included in cific Islands, and any other territory or pos- struck by such motor vehicle at the time of such coverage tort maintenance coverage at session of the United States; the accident. (16) ‘‘tort liability’’ means the legal obliga- least at the equivalent of the minimum lev- (8) A personal protection insurer is author- els of insurance under the higher of— tion for payment of damages caused by one ized to write personal protection coverage— (i) the State’s financial responsibility law adjudged to have committed a tort; (A) without any deductible or subject to a for personal injury; or (17) ‘‘tort liability insurance’’ means insur- reasonable deductible not to exceed $1,000; (ii) the State’s no-fault motor vehicle law, ance by the terms of which an insurer agrees and if applicable. to pay, on behalf of an insured, damages the (B) with an exclusion of coverage for per- (B) A motorist described under subpara- latter is obligated to pay a third person be- sons driving under the influence of alcohol or graph (A) who is involved in an accident with cause of his or her liability to that third per- illegal drugs. another motorist remains subject to tort law (9) A personal protection insurer is sub- son; for personal injury except that, based on rogated, to the extent of its obligations, to (18) ‘‘tort maintenance coverage’’ means fault, such motorist— all of the rights of its personal protection in- coverage under which a tort liability in- (i) may be claimed against by those cov- sured with respect to an accident caused in sured, when involved in an accident with a ered by personal protection insurance or tort whole or in part, as determined by applicable personal protection insured, retains his or maintenance coverage only for net economic State law, by the negligence of an uninsured her right to claim for personal injury under loss; and motorist or driving under the influence of al- State law without modification by any pro- (ii) may not claim against those covered by cohol or illegal drugs, or caused in whole or vision of this Act, except that responsibility personal protection insurance or tort main- in part by intentional misconduct or any for payment for any such claim is assumed tenance coverage except for net economic person who is not affected by the limitations by his or her own insurer to the extent of loss. on tort rights and liabilities under this Act. such coverage under section 5(b)(1); and (C)(i) With respect to a claim under sub- (10) Any person lawfully uninsured under (19) ‘‘uninsured motorist’’ means the owner paragraph (B)(ii), a deduction is made the terms of State law for either personal of a motor vehicle, including his or her resi- against the recovery equal to the limits of protection or tort liability insurance retains dent relatives, uninsured for either personal tort maintenance coverage applicable to the his or her tort rights in a form unaffected by protection or tort liability insurance at the economic loss of the claimant. limits prescribed by the applicable State’s fi- (ii) One-half of any amount paid under tort this Act. (c) RENEWAL OR CANCELLATION.—An insurer nancial responsibility law or higher under maintenance coverage referred to under shall not cancel, fail to renew, or increase section 5(a)(2)(A). clause (i) shall be deemed payable for eco- the premium of its insured solely on account SEC. 5. MOTOR VEHICLE PERSONAL PROTECTION nomic loss. INSURANCE. (3) A motorist who chooses personal pro- of the insured or any other injured person (a) INSURANCE POLICY PROVISIONS.—(1) An tection coverage and who is involved in an making a claim for personal protection bene- insurance policy that includes provisions accident with another such motorist is com- fits or, where there is no basis for ascribing that entitle the insured to receive, without pensated under his or her own policy for net fault to the insured or one for whom the in- regard to fault or lack of fault, the insured’s economic loss only without regard to fault. sured is vicariously liable, for tort mainte- net economic losses caused by an injury But if the motorist sustains net economic nance coverage. along with an express, specific waiver of tort loss in excess of his or her policy’s benefit (d) IMMUNITY.—No insurer or any agent or rights as provided in the insurance policy levels, that person retains the right to claim employee of such insurer, no insurance pro- shall be valid notwithstanding any contrary and sue for net economic loss based on fault. ducer representing a motor vehicle insurer provisions of State law. (4) If a motorist who has chosen personal or any automobile residual market plan, and (2) In order for a personal protection insur- protection coverage is involved in an acci- no attorney licensed to practice law within ance policy to be covered by this Act, a dent with an uninsured motorist, the per- this State shall be liable in an action for motor vehicle insurance policy issued by an sonal protection insured is compensated for damages on account of an election of the insurer shall, at a minimum— net economic loss without regard to fault ac- tort liability option, an election of the per- (A) provide personal protection coverage of cording to the terms of his or her personal sonal protection option, or a failure to make the greater of— protection policy, and has the right to claim a required election, unless such person has (i) up to the minimum limits of liability against the uninsured motorist for net eco- willfully misrepresented the available insurance for personal injury under the nomic loss based on fault. The uninsured mo- choices or has fraudulently induced the elec- State’s financial responsibility law; or torist forfeits the right to claim for non- tion of one system over the other. (ii) in a State covered by a no-fault motor economic loss against the motorist who has (e) RULE OF CONSTRUCTION.—Nothing in vehicle insurance law, up to the minimum chosen the personal protection policy. this Act shall be construed— level of insurance required for no-fault bene- (5)(A) A motorist who chooses either per- (1) to waive or affect any defense of sov- fits; and sonal protection insurance or tort liability ereign immunity asserted by any State (B) contain provisions under the State’s fi- insurance also binds by such choice his or under any law or by the United States; nancial responsibility law, including those her resident relatives, provided that— (2) to preempt State choice-of-law rules related to liability for property damage, ex- (i) an adult resident relative shall not be with respect to claims brought by a foreign cept to the extent State law would bar con- bound without his or her consent, which, in nation or a citizen of a foreign nation; June 11, 1996 CONGRESSIONAL RECORD — SENATE S6099

(3) to affect the right of any court to trans- (e) CONSTRUCTION.—Nothing in this Act (A) is highly regressive; fer venue, to apply the law of a foreign na- shall alter or diminish the authority or obli- (B) is often duplicative of and inconsistent tion, or to dismiss a claim of a foreign na- gation of the Federal courts to construe the with Federal regulatory and social welfare tion or of a citizen of a foreign nation on the terms of this Act. programs for the protection of injured par- ground of inconvenient forum; SEC. 7. EFFECTIVE DATE. ties; (4) subject to paragraph (1), to create or This Act shall take effect 60 days after the (C) is burdened by an administrative cost vest jurisdiction in the district courts of the date of the enactment of this Act. structure that causes a disproportionate United States over any motor vehicle acci- amount of its dollars to go to lawyers rather dent liability or damages action subject to S. 1861 than to injured parties; this Act which is not otherwise properly in Be it enacted by the Senate and House of Rep- (D) is particularly prejudicial to the com- the United States District Court; resentatives of the United States of America in petitive position of the American small busi- (5) to prevent insurers and insureds from Congress assembled, ness community; contracting to limit recovery for lost wages (E) is a major and increasing threat to the SECTION 1. SHORT TITLE. and income under personal protection cov- economic viability of American cities; This Act may be cited as the ‘‘Legal Re- erage such that only 60 percent or more of (F) imposes a major burden on the Amer- form and Consumer Compensation Act of lost wages or income is covered, or to offset ican economy and if reformed would signifi- 1996’’. death benefits under personal protection cantly enhance American productivity and coverage by amounts paid for lost wages and SEC. 2. TABLE OF CONTENTS. consumer wealth; replacement service losses; The table of contents for this Act is as fol- (G) is replete with incentives that reward (6) to prevent an insurer from contracting lows: abusive claiming and defensive behavior; and with personal protection insureds, as per- Sec. 1. Short title. (H) is therefore a major cause of the dan- mitted by State law, to have submitted to Sec. 2. Table of contents. gerous disesteem increasingly felt by in- arbitration any dispute with respect to pay- Sec. 3. Findings. creasing numbers of Americans toward the ment of personal protection benefits; TITLE I—EARLY OFFER AND RAPID legal system and, indeed, the rule of law it- (7) to relieve a motorist of the obligations RECOVERY self; and imposed by State law to purchase tort liabil- Sec. 101. Early offer and rapid recovery (6) there is a need for a system of early ity insurance for personal injury to protect mechanisms. offer, rapid recovery and consumer choice to third parties who are not affected by the im- TITLE II—FAIRNESS IN LEGAL FEES enable claimants to be made whole and re- munities of subsection (b); and cover all economic losses without resort to Sec. 201. Findings and purpose. (8) to preclude a State from enacting, for complex and protracted litigation. all motor vehicle accident cases including Sec. 202. Definitions. cases covered by this Act, a minimum dollar Sec. 203. Creation of a fiduciary relation- TITLE I—EARLY OFFER AND RAPID value for defined classes of cases involving ship. RECOVERY death or serious bodily injury. Sec. 204. Written hourly rate fee agreement. SEC. 101. EARLY OFFER AND RAPID RECOVERY SEC. 6. APPLICABILITY TO STATES; CHOICE OF Sec. 205. Nature of demand for compensa- MECHANISMS. LAW; JURISDICTION; AND CON- tion. (a) PURPOSE.—The purpose of this title is STRUCTION. Sec. 206. Time limit for, and requisite con- to establish a system of early offer and rapid (a) ELECTION OF NONAPPLICABILITY BY tents of, response setting forth recovery to permit personal injury claimants STATES.—This Act shall not apply in a State settlement offer. to recover their economic losses from a re- Sec. 207. Consequences of failure to include if such State enacts a statute that— sponsible party in a timely manner. (1) cites the authority of this subsection; prescribed material with settle- (b) IN GENERAL.—Chapter 111 of title 28, ment offer. and United States Code, is amended by adding at Sec. 208. No obligation to issue response; in- (2) declares the election of such State that the end the following new section: this Act shall not apply. admissibility of demands, re- (b) NONAPPLICABILITY TO STATE BY STATE sponses, and failure to respond. ‘‘§ 1660. Early offer and rapid recovery mech- FINDING.—(1) This Act shall not apply in a Sec. 209. Effect of pre-demand settlement anisms State, if— offer. ‘‘(a) For purposes of this section: (A) the State official charged with jurisdic- Sec. 210. Pre-retention offer. ‘‘(1) The term ‘allegedly responsible party’ tion over insurance rates for motor vehicles Sec. 211. Post-retention offer when a pre-re- means a person, partnership, or corporation, makes a finding that the statewide average tention offer has been made. and an insurer thereof, alleged by the claim- motor vehicle premiums in effect imme- Sec. 212. Post-retention offer when no pre- ant to be responsible for at least some por- diately before the effective date of this Act retention offer has been made. tion of an injury alleged by a claimant. for personal injury will not be reduced by an Sec. 213. Calculation of attorney’s fee when ‘‘(2) The term ‘claimant’ means an individ- average of at least 30 percent for persons there is a subsequent resolution ual who, in his or her own right, or vicari- choosing personal protection coverage in of the claim. ously as otherwise permitted by law, is seek- lieu of traditional tort liability pursuant to Sec. 214. Provision of closing statement. ing compensation for personal injury. Sec. 215. Effect of contravening agreements. this Act (without including any cost for un- ‘‘(3) The term ‘clear and convincing evi- Sec. 216. Inapplicability. insured or underinsured or medical payments dence’ means that measure or degree of proof coverages); TITLE III—APPLICABILITY AND RULE OF that will produce in the mind of the trier of (B) the finding described under subpara- CONSTRUCTION fact a firm belief or conviction as to the graph (A) is supported by evidence adduced Sec. 301. Applicability to States; choice of truth of the allegations sought to be estab- in public hearing and reviewable under the law; jurisdiction; and construc- lished. The level of proof required to satisfy State’s administrative procedure law; and tion. such standard shall be more than that re- (C) the finding described under subpara- Sec. 302. Effective date. quired under preponderance of the evidence, graph (A) and any review of such finding de- SEC. 3. FINDINGS. and less than that required for proof beyond scribed under subparagraph (B) occurs no The Congress finds that— a reasonable doubt. later than 60 days after the date of the enact- (1) the current liability system is, all too ‘‘(4) The term ‘collateral benefits’ means ment of this Act. often, a frustrating experience for many per- all benefits and advantages received or enti- (2) Premiums for personal injury referred sonal injury claimants, resulting in a time- tled to be received (regardless of the right of to under paragraph (1)(A) include premiums consuming process which provides inad- recoupment of any other entity, through for— equate compensation for their injuries; (A) personal injury liability, uninsured and subrogation, trust agreement, lien, or other- underinsured motorists’ liability, and medi- (2) for other personal injury claimants, the wise) by an injured individual (or other en- cal payments coverage; and system can provide a windfall of financial tity) as reimbursement of loss because of (B) if applicable— gain, greatly in excess of their actual losses; personal injury— (i) no fault benefits under no fault motor (3) the unpredictable and erratic system is ‘‘(A) payable or required to be paid by— vehicle law; or a product of a perverse incentive structure in ‘‘(i) Federal, State, or other governmental (ii) similar benefits under a law not limit- which the magnitude of noneconomic dam- disability, unemployment, or sickness pro- ing claims based on fault for nonpecuniary ages is directly linked to, and is a multiple grams; losses. of, the out-of-pocket expenses incurred by ‘‘(ii) under the terms of any Federal, State, (c) CHOICE OF LAW.—In disputes between the claimant; or other governmental or private health in- citizens of States that elect nonapplicability (4) the incentives of the litigation system surance, accident insurance, wage or salary under subsection (a) and citizens of States perpetuate the overuse and abuse of the med- continuation plan, or disability income in- that do not so elect, ordinary choice of law ical system, costing the economy billions of surance; or principles shall apply. dollars and costing every United States fam- ‘‘(iii) any other program or compensation (d) JURISDICTION.—This section shall not ily hundreds of dollars in unnecessary insur- system, if the payment is intended to com- confer jurisdiction on the district courts of ance premiums and health care expenses; pensate the claimant for the same injury or the United States under section 1331 or 1337 (5) the system as it has recently devel- disability which is the subject of the claim; or title 28, United States Code. oped— minus S6100 CONGRESSIONAL RECORD — SENATE June 11, 1996 ‘‘(B) the amount paid by such individual tity to punish such persons or entity or to economic loss, less collateral benefits. The (or by the spouse, parent, child, or legal deter such person or entity, or others, from amount of collateral benefits shall be deter- guardian of such individual) to secure the engaging in similar behavior in the future. mined by the court in a pretrial proceeding. payments described in subparagraph (A). ‘‘(11) The term ‘reasonable attorney’s fee’ In any subsequent proceeding in the action, ‘‘(5) The term ‘economic loss’ means any means an hourly fee for services rendered no evidence shall be admitted as to the objectively verifiable pecuniary loss result- subsequent to the execution of a written amount of economic loss for which collateral ing from the harm suffered, including past agreement establishing an attorney-client benefits have been paid to, or will be paid to, and future medical expenses, loss of past and relationship that bears a reasonable relation the claimant. The claimant may recover for future earnings, burial costs, property dam- to the attorney’s actual efforts on the cli- noneconomic loss to the extent authorized age accompanying bodily injury, costs of re- ent’s behalf. Fees shall not be deemed rea- by other applicable law only if the claimant placement services in the home, including sonable to the extent that services provided proves each element of the claim for non- child care, transportation, food preparation, by an attorney are attributable to any fail- economic loss by clear and convincing evi- and household care, costs of making reason- ure to provide reasonably prompt notice pur- dence, that the allegedly responsible party able accommodations to a personal resi- suant to subsection (b)(1)(A)(ii). caused the injury by intentional or wanton dence, loss of employment, and loss of busi- ‘‘(12) The term ‘serious bodily injury’ misconduct. ‘‘(2) A notice of such a rejection is required ness or employment opportunities, to the ex- means bodily injury which results in death, to be made not later than 90 days after the tent recovery for such losses is allowed dismemberment, significant and permanent date on which the offer of compensation ben- under applicable State law. loss of an important bodily function, or sig- efits is made. A failure to accept the offer ‘‘(6) The term ‘entity’ includes an individ- nificant and permanent scarring or disfigure- within the 90-day period is deemed a rejec- ual or person. ment. tion. ‘‘(7) The term ‘intentional misconduct’ ‘‘(13) The term ‘wanton misconduct’ means means conduct whereby harm is inten- ‘‘(g) Rejected offers may not be disclosed conduct that the allegedly responsible party in any subsequent action brought by the tionally caused or attempted to be caused by realized was excessively dangerous, done one who acts or fails to act for the purpose claimant. heedlessly and recklessly, and with a con- ‘‘(h) Nothing in this section shall be con- of causing harm or with knowledge that scious disregard of the consequences to or strued to— harm is substantially certain to follow when rights and safety of the claimant. ‘‘(1) waive or affect any defense of sov- such conduct caused or substantially con- ‘‘(b)(1)(A) After an occurrence that may tributed to the harm claimed for, except a ereign immunity asserted by any State give rise to a civil action or claim against under any law; person does not intentionally cause or at- any person, in any Federal or State court tempt to cause harm— ‘‘(2) waive or affect any defense of sov- based on any cause of action to recover dam- ereign immunity asserted by the United ‘‘(A) merely because his or her act or fail- ages for personal injury, any potentially al- ure to act is intentional or done with the re- States; legedly responsible party has the option to ‘‘(3) affect the applicability of any provi- alization that it creates a risk of harm; or offer, not later than the later of— ‘‘(B) if the act or omission causing bodily sion of chapter 97; ‘‘(i) 120 days after the injury; or ‘‘(4) preempt State choice-of-law rules with harm is for the purpose of averting bodily ‘‘(ii) 120 days after the initiation of the li- harm to oneself or another person. respect to claims brought by a foreign nation ability claim, or a citizen of a foreign nation; ‘‘(8) The term ‘liability claim’ means a de- to compensate a claimant for reasonable eco- mand for compensation by certified mail to ‘‘(5) affect the right of any court to trans- nomic loss, including future economic loss, fer venue or to apply the law of a foreign na- an allegedly responsible party, which shall less collateral benefits, and including a rea- set forth the material facts relevant to the tion or to dismiss a claim of a foreign nation sonable attorney’s fee for the claimant. or of a citizen of a foreign nation on the claim including— ‘‘(B) If within 30 days of receipt of a liabil- ground of inconvenient forum; ‘‘(A) the name, address, age, marital sta- ity claim an allegedly responsible party no- ‘‘(6) affect any applicable statute of limita- tus, and occupation of claimant, which term tifies an unrepresented claimant or a claim- tions of any State or of the United States, for the purposes of this section includes the ant’s attorney of a request for a medical ex- except as expressly provided in this title; or injured party if claimant is operating in a amination of the claimant, and the claimant ‘‘(7) impair any right of a provider of col- representative capacity; is not made available for such examination lateral benefits to seek reimbursement out- ‘‘(B) a brief description of how the injury within 10 days of receipt of the request, the side of the claimant’s cause of action where occurred; time provided by this section for issuing a permitted by State law, other than by a lien ‘‘(C) the names, and, if known, the address- response is extended by 1 day for each day on the recovery of the claimant. es, telephone numbers, and occupations of all that the request is not honored after the ex- known witnesses to the injury; ‘‘(i)(1) This section shall not apply to acci- piration of 10 days from the date of the re- dental bodily injury caused by the operation ‘‘(D) copies of photographs in claimant’s quest. Any such extension shall also include possession that relate to the injury; or the use of a motor vehicle in claims in a further period of 10 days from the date of which an uninsured motorist or a personal ‘‘(E) the basis for claiming that the party the completion of the medical examination. to whom the claim is addressed is at least protection insured is involved. ‘‘(C) The claimant may extend the time for ‘‘(2) For purposes of this subsection the partially responsible for causing the injury; receiving the offer specified in subparagraph ‘‘(F) a description of the nature of the in- term ‘operation or use’— (A). ‘‘(A) means operation or use of a motor ve- jury, the names and addresses of all physi- ‘‘(2) States may establish for all cases, in- cians, other health care providers, and hos- hicle as a motor vehicle, including, incident cluding cases covered by this title, a mini- to its operation or use as a vehicle, the occu- pitals, clinics, or other medical service enti- mum dollar value for defined classes involv- ties that provided medical care to the claim- pation of the vehicle; ing death or serious bodily injury. A claim- ‘‘(B) does not cover conduct within the ant or the injured party including the date ant shall have the option of accepting such and nature of the service; course of a business of manufacturing, sell- minimum dollar value payable in lump sum, ing, or maintaining a motor vehicle, includ- ‘‘(G) a copy of the medical records relating or accepting the benefit specified in para- to the injury and those involving a prior in- ing repairing, servicing, washing, loading, or graph (1)(A). unloading; and jury or preexisting medical condition which ‘‘(c) An offer under subsection (b) may in- ‘‘(C) does not include such conduct not an allegedly responsible party would be able clude other allegedly responsible parties, in- within the course of such a business unless to introduce into evidence in a trial or, in dividuals, or entities that were involved in such conduct occurs while occupying a lieu of either or both, executed releases au- the events which gave rise to the civil ac- motor vehicle.’’. thorizing the allegedly responsible party to tion, regardless of the theory of liability on (c) TECHNICAL AND CONFORMING AMEND- obtain such records directly from health care which the claim is based, upon their request MENTS.—The table of sections for chapter 111 providers that produced or possess them; and or consent. ‘‘(H) relevant documents, including records of title 28, United States Code, is amended by ‘‘(d) Future economic losses shall be pay- adding at the end the following new item: of earnings if a claimant is self-employed able to an individual under this section as and employer records of earnings if a claim- such losses occur. ‘‘1660. Early offer and rapid recovery mecha- ant is employed, and any medical expenses, ‘‘(e) If, after an offer is made under sub- nisms.’’. wages lost, or other pertinent damages suf- section (b), the participants in the offer dis- TITLE II—FAIRNESS IN LEGAL FEES fered as a consequence of the injury. pute their relative contributions to the pay- SEC. 201. FINDINGS AND PURPOSE. ‘‘(9) The term ‘noneconomic loss’ means ments to be made to the individual, such dis- (a) FINDINGS.—The Congress finds that con- nonmonetary losses including punitive dam- putes shall be resolved through binding arbi- tingency fees play a useful and often critical age claims and further including without tration in accordance with applicable rules role in ensuring access to counsel and the being limited to pain, suffering, inconven- and procedures established by the Attorney courts on the part of those who would other- ience, mental suffering, emotional distress, General of the United States. wise be unable to afford such access, but loss of society and companionship, loss of ‘‘(f)(1) The claimant may reject an offer of that— consortium, hedonic damages, injury to rep- compensation made under subsection (b) and (1) personal injury claimants are often sub- utation, and humiliation. elect to bring or maintain a civil action. jected to unnecessary costs, delays, and inef- ‘‘(10) The term ‘punitive damages’ means Upon rejection of the offer, the claimant ficiencies in processing their compensation damages awarded against any person or en- may recover economic loss, including future claims; June 11, 1996 CONGRESSIONAL RECORD — SENATE S6101 (2) virtually all such claimants who are tion to injured persons, excessive medical whereby the attorney agrees to perform a represented by attorneys are charged contin- care costs and delayed claims processing; specific legal task in exchange for a specified gent fees; and sum to be paid by claimant. (3) the ethical and legal validity of a con- (13) there is a need for adopting a proce- (8) The term ‘‘hourly rate fee’’ means the tingent fee is dependent upon an attorney dure to implement appropriate ethical and fee generated by an agreement, or otherwise undertaking risk in exchange for sharing legal standards and to resolve personal in- by operation of law, between an attorney and proportionately in the proceeds of a claim; jury claims more fairly and promptly. claimant providing that claimant pay the at- (4) the perverse incentives of the existing (b) PURPOSES.—The purposes of this title torney a fee determined by multiplying the system often encourage and reward defend- are to— hourly rate negotiated, or otherwise set by ants who take intransigent settlement posi- (1) enforce more efficiently and effectively law, between the attorney and claimant, by tions and otherwise unethically add to the ethical standards governing the reasonable- the number of hours that the attorney has costs and delays of settling meritorious ness of lawyers’ fees and correspondingly to worked on behalf of claimant in furtherance claims for, among other reasons, the purpose implement the stricter scrutiny that courts of claimant’s interest. An hourly rate fee of reducing the marginal rates of compensa- are obliged to apply to contingent fees; may also be a contingent fee to the extent it tion received by claimants’ counsel; (2) reverse systemic incentives now in ef- is only payable in fact or in effect from the (5) many deserving claimants receive in- fect so as to reward, and not to penalize, de- proceeds of any recovery on behalf of claim- equitable compensation because— fendants who make substantial early settle- ant. (A) such claimants are required to pay at- ment offers; (9) The term ‘‘injury’’ means personal in- torneys approximately one-third or more of (3) compensate claimants’ attorneys more jury. any recovery even when there is little or no rationally by calculating their compensation (10) The term ‘‘personal injury’’ means an issue of liability or damages and therefore in relation to the value of services rendered occurrence resulting from any act giving rise little or no assumption of risk by the attor- and risks undertaken; to a tort claim, including, without limita- ney; and (4) compensate more fairly those seeking tion, bodily injury, sickness, disease, death, (B) when a defendant or its insurer has redress for injuries by giving them a larger or property damage accompanying bodily in- made a substantial settlement offer before share of promptly achieved settlements; jury. the attorney’s retention or shortly there- (5) further enhance the likelihood of early (11) The term ‘‘post-retention offer’’ means after and the attorney has added little or settlement of claims by preserving a larger an offer of settlement in response to a de- share of early settlement offers for claim- nothing to the value of the claim to that mand for compensation made within the ants; point, payment of a substantial contingent time constraints, and conforming to the pro- (6) lower the costs of the personal injury fee is nonetheless generally required; visions of this title, made to a claimant who tort compensation system including unnec- (6) the current compensation system often is represented by a contingent fee attorney. essary medical and defense costs; fails to provide sufficient financial incen- (12) The term ‘‘pre-retention offer’’ means (7) remove the burdens on interstate com- tives to effectuate prompt and adequate an offer to settle a claim for compensation merce and the Nation’s health care programs compensation to deserving claimants, result- made to a claimant not represented by an at- that are imposed by the current tort com- ing in— torney at the time of the offer. (A) delays in adjudications and case settle- pensation system; (13) The term ‘‘response’’ means a written ments often caused by intransigent defend- (8) create a simple, self-enforcing system, communication by claimant or an allegedly ant conduct that the present system per- controlled by the parties, which forms an responsible party or the attorney for either, versely rewards and thereby deprives claim- early basis for establishing the sums and is- deposited into the United States mail and ants of prompt compensation; sues that are in dispute; sent certified mail or delivered by an over- (B) a substantial burden on Federal and (9) reduce unworkable burdens now placed night delivery service. State courts contributing to very high case on courts and bar grievance boards presently (14) The term ‘‘settlement offer’’ means a backlogs; and charged with enforcing ethical standards written offer of settlement set forth in a re- (C) regressive cost burdens and substantial through ex post facto, case-by-case fact find- sponse within the time limits set forth in avoidable costs imposed on all parties result- ing processes that pose difficult burdens of ing from the long delays in resolving many proof and impose disproportionate trans- this title. claims; action costs on both parties and fact finders; SEC. 203. CREATION OF A FIDUCIARY RELATION- (7) the current tort compensation system and SHIP. (10) provide alternatives to across-the- which results in delays in resolving claims For purposes of this title, a fiduciary rela- board fee cap reforms, which often provide and which effectively provides for increased tionship commences when a claimant defendants with unearned advantages and noneconomic damages and, therefore, in- consults a contingent fee attorney to seek further encourage many defendants in uneth- creased legal fees as medical care costs in- professional services. crease, provides perverse financial incentives ical protraction of settlement of meritorious for both more intensive and unnecessary use claims. SEC. 204. WRITTEN HOURLY RATE FEE AGREE- of medical care providers and the fraudulent SEC. 202. DEFINITIONS. MENT. incurrence of medical care expenses, thereby For purposes of this title: Contingent fee agreements for the rep- adding materially to the Nation’s health (1) The term ‘‘allegedly responsible party’’ resentation of parties with claims shall also care costs and burdens; means a person, partnership, corporation, include alternate hourly rate fees. If a con- (8) delays in resolving claims often result and an insurer thereof, alleged by a claimant tingent fee attorney has not entered into a in more intensive and unnecessary use of to be responsible for at least some portion of written agreement with claimant at the time medical care providers, thereby adding to a personal injury alleged by claimant. of retention setting forth the attorney’s the Nation’s health care burden; (2) The term ‘‘claim’’ means an assertion of hourly rate, then a reasonable hourly rate is (9) the claims process gives rise to substan- entitlement to compensation for personal in- payable, subject to the limitations set forth tial, avoidable transaction costs because of jury from an allegedly responsible party and, in this title. the lack of adequate incentives for defend- to the extent subject to a contingent fee ants and their insurers to offer prompt and agreement, to all other related claims aris- SEC. 205. NATURE OF DEMAND FOR COMPENSA- equitable settlements to meritorious claim- ing from such injury. TION. ants and because claimants’ attorneys exact (3) The term ‘‘claimant’’ means an individ- (a) IN GENERAL.—At any time after reten- a significant share of any settlement even ual who, in his or her own right, or vicari- tion, a contingent fee attorney pursuing a when their efforts do not generate or aug- ously as otherwise permitted by law, is seek- claim shall send a demand for compensation ment the settlement offer; ing compensation for personal injury. by certified mail to an allegedly responsible (10) contingency fee practices, as described (4) The term ‘‘contingent fee’’ means the party, which shall set forth the material in the preceding paragraphs, expose a clear fee negotiated in a contingent fee agreement facts relevant to the claim including— and impermissible gap between (A) the ethi- that is payable in fact or in effect only from (1) the name, address, age, marital status, cal standards established and promulgated the proceeds of any recovery on behalf of and occupation of claimant, which term for by courts and professed by the Bar, and (B) claimant. the purposes of this title includes the injured the actual practices of the Bar; (5) The term ‘‘contingent fee agreement’’ party if claimant is operating in a represent- (11) contingency fee practices, as described means a fee agreement between an attorney ative capacity; in the preceding paragraphs, bring substan- and claimant wherein the attorney agrees to (2) a brief description of how the injury oc- tial disrepute to the Bar and to the legal sys- bear the risk of no or inadequate compensa- curred; tem as a whole and loss of confidence in the tion in exchange for a proportionate share of (3) the names, and, if known, the addresses, rule of law itself, not the least because they any recovery by settlement or verdict ob- telephone numbers, and occupations of all create and expose broad gaps between the tained for claimant. known witnesses to the injury; stated ethical principles of the legal profes- (6) The term ‘‘contingent fee attorney’’ (4) copies of photographs in claimant’s pos- sion and its real world practices; means an attorney who agrees to represent session that relate to the injury; (12) the inability of the Bar and the courts claimant in exchange for a contingent fee. (5) the basis for claiming that the party to to curb contingency fee abuses has led to (7) The term ‘‘fixed fee’’ means an agree- whom the claim is addressed is at least par- higher settlement costs, lowered compensa- ment between an attorney and claimant tially responsible for causing the injury; S6102 CONGRESSIONAL RECORD — SENATE June 11, 1996

(6) a description of the nature of the in- riod set forth in subsection (a)(1) by issuing (c) PRESUMPTIVE REASONABLE FEE.—An at- jury, the names and addresses of all physi- an additional offer stating that the time for torney who contracts with a claimant for a cians, other health care providers, and hos- acceptance is 10 days after receipt of the ad- reasonable hourly rate or a reasonable fixed pitals, clinics, or other medical service enti- ditional offer by claimant’s attorney or 30 fee, or who is paid such a fee for advising ties that provide medical care to claimant or days from receipt of the initial response, claimant regarding the fairness of the pre-re- the injured party including the date and na- whichever is longer, unless the additional re- tention offer, has charged a presumptively ture of the service; sponse specifies a longer period of time for reasonable fee. (7) medical records relating to the injury acceptance as set forth in subsection (a)(3). SEC. 211. POST-RETENTION OFFER WHEN A PRE- and those involving a prior injury or pre-ex- SEC. 207. CONSEQUENCES OF FAILURE TO IN- RETENTION OFFER HAS BEEN MADE. isting medical condition which an allegedly CLUDE PRESCRIBED MATERIAL (a) REASONABLE FEE BASED ON HOURLY responsible party would be able to introduce WITH SETTLEMENT OFFER. FEE.—A fee paid or contracted to be paid to into evidence in a trial or, in lieu of either or (a) IN GENERAL.—If an allegedly respon- a contingent fee attorney by a claimant who both, executed releases authorizing the al- sible party or its attorney willfully fails to has rejected a pre-retention offer and who legedly responsible party to obtain such include the material required by section later accepts a post-retention offer of a records directly from health care providers 206(a)(4) with a response stating a settlement greater amount is an unreasonable and ex- that produced or possess them; and offer or does not otherwise make such mate- cessive fee unless it is an hourly rate fee (8) relevant documentation, including rial available— that does not exceed 25 percent of the excess records of earnings if a claimant is self-em- (1) a claimant may revoke its acceptance of the post-retention offer over the pre-re- ployed and employer records of earnings if a of such settlement offer within 2 years of tention offer. (b) REASONABLE FEE BASED ON PERCENT- claimant is employed, or any medical ex- having accepted it; and AGE.—If the accepted post-retention offer is penses, wages lost, or other pertinent dam- (2) any fees and costs reasonably incurred by a claimant in revoking its acceptance of less than the pre-retention offer, a total fee ages suffered as a consequence of the injury. for all services rendered that is greater than (b) MAILING OF COPIES.—At the time of the such settlement offer and reinstating its 10 percent of the first $100,000 of the post-re- mailing of the demand for compensation, a claim is recoverable from the allegedly re- tention offer plus 5 percent of any amount claimant’s attorney shall mail copies of each sponsible party, including the losses suffered that exceeds $100,000 after all reasonable ex- such demand to the claimant and to every by a claimant who is precluded from rein- penses have been deducted is an unreason- other allegedly responsible party. stating its claim by operation of a statute of able and excessive fee. (c) LIMITATION ON FEE.—A fee received by limitations. or contracted for by a contingent fee attor- (b) SANCTIONS FOR PARTY.—Willful failure SEC. 212. POST-RETENTION OFFER WHEN NO ney that exceeds 10 percent of any settle- of an allegedly responsible party to comply PRE-RETENTION OFFER HAS BEEN MADE. ment or judgment received by his or her cli- with section 206(a)(4) shall subject such A fee paid or contracted to be paid to a ent after reasonable expenses have been de- party to the sanctions applicable to a party contingent fee attorney by a claimant who ducted is unreasonable and excessive if the who fails to comply with requests for the has not received a pre-retention offer and attorney has sent a timely demand for com- production of documents. who has accepted a post-retention offer is an (c) SANCTIONS FOR ATTORNEY.—Willful fail- pensation but has omitted information of a unreasonable and excessive fee unless it is an ure of an attorney for an allegedly respon- material nature that is required by this sec- hourly rate fee that does not exceed 10 per- sible party to comply with section 206(a)(4) tion which he or she had in his or her posses- cent of the first $100,000 of the offer plus 5 sion or which was readily available to him or shall subject that attorney to the same sanc- percent of any amount that exceeds $100,000 her at the time of filing. tions applicable to attorneys who improperly after all reasonable expenses have been de- SEC. 206. TIME LIMIT FOR, AND REQUISITE CON- counsel their clients not to produce docu- ducted. TENTS OF, RESPONSE SETTING ments for which there has been a discovery SEC. 213. CALCULATION OF ATTORNEY’S FEE FORTH SETTLEMENT OFFER. request. WHEN THERE IS A SUBSEQUENT (a) POST-RETENTION OFFER.—To qualify its SEC. 208. NO OBLIGATION TO ISSUE RESPONSE; RESOLUTION OF THE CLAIM. response as a post-retention offer under this INADMISSIBILITY OF DEMANDS, RE- Irrespective of any pre-retention offer, the title, an allegedly responsible party shall— SPONSES, AND FAILURE TO RE- provisions of section 212 regarding maximum SPOND. (1) issue a response stating a settlement allowable fees remain in effect if a post-re- (a) NO OBLIGATION TO RESPOND.—Nothing offer within 60 days from receipt of a demand tention offer is not accepted by claimant in this title imposes on an allegedly respon- for compensation; within the time provided by this title. Con- sible party an obligation to issue a response (2) send the response to claimant’s attor- tingent fees are unreasonable and excessive ney with a copy to claimant; to a demand for compensation. unless charged against the difference be- (b) INADMISSIBILITY OF OFFER.—Demands (3) state that the offer is open for accept- tween an unaccepted post-retention offer and for compensation, early settlement offers, or ance for a minimum of 30 days from the time the judgment or settlement ultimately ob- the failure of an allegedly responsible party of its receipt by claimant’s attorney and fur- tained by claimant. When such judgment or to issue same, are inadmissible in any subse- ther state whether it expires at the end of settlement is lower than the unaccepted quent litigation, proceeding, or arbitration, this period or remains open for acceptance offer, the fee limitations of section 212 apply to the extent that evidence of settlement ne- for a longer period or until notice of with- against the judgment or settlement. gotiations is inadmissible in the jurisdiction drawal is given; and SEC. 214. PROVISION OF CLOSING STATEMENT. where the case is brought. (4) include with the offer copies of mate- Upon receipt of any settlement or judg- rials in its or its attorney’s possession con- SEC. 209. EFFECT OF PRE-DEMAND SETTLEMENT ment, and prior to disbursement thereof, a OFFER. cerning the alleged injury upon which the al- contingent fee attorney shall provide claim- A settlement offer to an injured party rep- legedly responsible party relied in making ant with a written statement detailing how resented by a contingent fee counsel made the settlement offer except material that the proceeds are to be distributed, including before receipt of a demand for compensation, such party or its attorney believes in good the amount of the expenses paid out or to be which is open for acceptance for 60 days or faith would not be discoverable by claimant paid out of the proceeds, the amount of the more from the time of its receipt and which during the course of litigation. fee, how the fee amount is calculated, and conforms to the requirements of section 206, If reproduction costs under paragraph (4) the amount due claimant. is deemed a post-retention offer and has the would be significant relative to the size of SEC. 215. EFFECT OF CONTRAVENING AGREE- the offer, the allegedly responsible party same effect under this title as if it were a re- MENTS. may, in the alternative, offer other forms of sponse to a demand for compensation. (a) VIOLATION.—A contingent fee attorney access to the materials convenient and at SEC. 210. PRE-RETENTION OFFER. who charges a fee that contravenes this title reasonable cost to claimant’s attorney. (a) PROHIBITION OF PERCENTAGE FEE OF has charged an unreasonable and excessive (b) TIME LIMITATIONS.—If within 30 days of PRE-RETENTION OFFER.—It is a violation of fee. receipt of a claimant’s demand for com- this title for an attorney retained after (b) EXCESSIVE AND UNREASONABLE FEES.—If pensation an allegedly responsible party no- claimant has received a pre-retention offer the fee violates subsection (a), then it is also tifies an unrepresented claimant or a claim- to enter into an agreement with claimant to excessive and unreasonable to the extent ant’s attorney that it seeks to have a medi- receive a contingent fee based upon or pay- that it has not been reduced by any reason- cal examination of claimant, and claimant is able from the proceeds of the pre-retention able fees and costs incurred by claimant in not made available for such examination offer, provided that the pre-retention offer establishing that the fee agreement con- within 10 days of receipt of the request, the remains in effect or is renewed until the travened this title. time herein provided for issuing a response is time has elapsed for issuing a response con- (c) UNENFORCEABLE FEE AGREEMENTS.—Fee extended by 1 day for each day that the re- taining a settlement offer as defined under agreements between claimants and contin- quest is not honored after the expiration of section 206. gent fee attorneys who have charged fees de- 10 days from the date of the request. Any (b) UNREASONABLE AND EXCESSIVE FEE.—An fined under this title as unreasonable or ex- such extension also includes a further period attorney entering into a fee agreement that cessive are illegal and unenforceable except of 10 days from the date of the completion of would effectively result in payment of a per- to the extent provided in this title. the medical examination. centage of a pre-retention offer to a claim- SEC. 216. INAPPLICABILITY. (c) INCREASE IN OFFER.—The settlement ant has charged an unreasonable and exces- (a) EVALUATIONS AND COLLECTIONS.—Except offer may be increased during the 60-day pe- sive fee. for the provisions of section 203, nothing in June 11, 1996 CONGRESSIONAL RECORD — SENATE S6103 this title applies to an agreement between a b. Personal Injury Protection—the injured nent flowage and saturation easements claimant and an attorney to retain the at- collects against his/her policy for economic over land that is located within the 10- torney— losses, regardless of fault. As in the tradi- year flood plain of the James River, (1) on an hourly rate fee or fixed fee basis tional tort coverage, if the injured’s eco- SD, and for other purposes; to the Com- solely to evaluate a pre-retention offer; or nomic loses exceed his/her policy limits, the (2) to collect overdue amounts from an ac- injured will be able to sue the negligent mittee on Environment and Public cepted pre-retention or post-retention settle- party for remaining economic losses, includ- Works. ment offer. ing a reasonable attorney’s fee. EASEMENT ACQUISITIONS LEGISLATION (b) AGREEMENTS IN WHICH CERTAIN OFFERS In all cases of intentional injury or injury NOT MADE.—The provisions of this title pro- that occurs as a result of drug or alcohol use, Mr. DASCHLE. Mr. President, since hibiting the charging of contingency fees in the injured retains the ability to sue for both 1993 the James River has flooded nearly the absence of assuming meaningful risk and economic and non-economic losses in accord- 3 million acres of valuable farmland in defining reasonable and unreasonable fees, ance with applicable state law. my State resulting in billions of dol- shall have no effect on contingent fee agree- The Joint Economic Committee estimates that this proposal will save consumers $40 lars of lost revenue for South Dakota ments in cases in which neither a pre-reten- producers and greatly diminishing the tion nor a post-retention offer of settlement billion annually in reduced premiums for is made. automobile insurance. value of their land by washing away (c) MOTOR VEHICLE ACCIDENTAL BODILY IN- 2. CONTINGENT FEE REFORM valuable top soil. JURY.—(1) This title shall not apply to acci- This provision limits traditional contin- Clearly, the extreme wet conditions dental bodily injury caused by the operation gent fee arrangements in order to ensure of the last 4 years have contributed to or the use of a motor vehicle in claims in that more of the proceeds of a settlement or these floods. However, Mother Nature which an uninsured motorist or personal pro- award will more often go to the insured does not bear sole responsibility for the tection insured is involved. party. (2) For purposes of this subsection the First, an attorney would be required to flooding. The problem has been af- term ‘‘operation or use’’— offer all clients an hourly rate and an hourly fected by the James River management (A) means operation or use of a motor ve- rate is presumed, if the attorney does not policy of the U.S. Army Corps of Engi- hicle as a motor vehicle, including, incident have a specific contingent fee agreement. neers. Where an injured party hires a lawyer to to its operation or use as a vehicle, the occu- For producers to be asked to con- pation of the vehicle; evaluate a settlement offer (pre-retention (B) does not cover conduct within the offer), the attorney is prohibited from re- tinue to bear these losses is unfair and course of a business of manufacturing, sell- ceiving a percentage of the offer. The attor- unacceptable. Downstream landowners ing, or maintaining a motor vehicle, includ- ney may collect an hourly fee or a fixed fee. in South Dakota should not be required ing repairing, servicing, washing, loading, or In a case where an injured party retains a to accept financial losses directly in- unloading; and lawyer to engage in settlement negotiations fluenced by the corps’ river manage- on his behalf, and the injured party accepts (C) does not include such conduct not with- ment policy. in the course of such a business unless such a settlement offer, the lawyer is restricted to conduct occurs while occupying a motor ve- a fee of 10% of the first $100,000 and 5% of Mr. President, today I am introduc- hicle. amounts above $10,000, after all reasonable ing legislation that will provide land- expenses have been deducted. TITLE III—APPLICABILITY AND RULE OF owners along the James River with a If the settlement offer is not accepted and measure of security against future high CONSTRUCTION the case goes to trial, the lawyer may take SEC. 301. APPLICABILITY TO STATES; CHOICE OF a contingent only out of that portion of the water flows and help ensure that the LAW; JURISDICTION; AND CON- award which exceeds the settlement offer. If Federal Government assumes greater STRUCTION. the judgment is lower than the settlement responsibility for the damaging effects (a) APPLICABILITY TO STATES.—Title I or II offer, then the lawyer’s fee is limited to the of its river management policies. This of this Act shall not apply in a State if such 10%/5% formula above. bill gives the U.S. Army Corps of Engi- State enacts a statute that— 3. EARLY OFFER/RAPID RECOVERY (1) cites the authority of this subsection; neers authority to purchase from will- This provision, originally sponsored a dec- and ing sellers easements over land that is ade ago by Congressmen Richard Gephardt (2) declares the election of such State that located within the 10-year flood plain and Henson Moore, will encourage an injured the title shall not apply. of the James River. Local producers individual to receive an offer of full com- (b) CHOICE OF LAW.—In disputes between who wish to grant these easements not pensation for economic losses, including fu- citizens of States that elect nonapplicability only will be reimbursed for the loss of under subsection (a) and citizens of States ture losses, without a lawsuit. In order to en- courage this offer, an injured individual will productivity on their flooded land, but that do not so elect, ordinary choice of law also will retain their haying and graz- principles shall apply. be required, in making a claim against the (c) JURISDICTION.—This section shall not allegedly responsible party, to provide all ing rights. Thus, the land will continue confer jurisdiction on the district courts of relevant information, including medical to provide value to farmers in rel- the United States under section 1331 or 1337 records. The allegedly responsible party will atively dry years. Those who do not or title 28, United States Code. have 120 days to provide such economic com- wish to grant the corps these ease- pensation (the time may be extended by the (d) CONSTRUCTION.—Nothing in this Act ments will be under no obligation to do claimant), and the allegedly responsible shall alter or diminish the authority or obli- so. gation of the Federal courts to construe the party can verify the information, including terms of this Act. requesting the injured to get a medical ex- This legislation will provide some re- amination. SEC. 302. EFFECTIVE DATE. lief to landowners affected by the fre- The claimant retains the right to reject This Act shall take effect on the date of quent flooding of the James River in such early offer and may sue to recover all enactment of this Act. South Dakota and represents part of losses. However, noneconomic losses, includ- ing any punitive damages may only be recov- the long-term solution to this trouble- SUMMARY OF DOLE-MCCONNELL LEGAL ered if the injured party proves, by clear and some problem. However, the overall REFORM PROPOSALS convincing evidence, that the injury was management of the Jamestown Dam 1. ‘‘CHOICE’’ IN AUTO INSURANCE caused intentionally or by wanton mis- also needs to be examined, and I will The principal feature of this proposal is conduct. continue to urge the corps to take seri- the unbundling of economic losses and non- In the event of more than one responsible ously the concerns of South Dakotans economic (‘‘pain & suffering’’) losses and en- party, relative fault and proportionate con- as the operations manual for that dam abling individuals to self-insure for non-eco- tribution will be assessed by an arbitrator. nomic losses. And, the states can establish a minimum is written. Without changing substantive state law of payment for serious bodily injury (for exam- Mr. President, I ask unanimous con- negligence, the proposal would offer drivers ple, a loss of a limb which may not result in sent that the text of the bill be printed two choices for motor vehicle insurance: significant economic losses) that will have in the RECORD. a. Traditional tort coverage—the injured to be paid to the injured party under early collects against his/her own policy for eco- offer. There being no objection, the bill was nomic and non-economic losses, upon a To satisfy the federalism concerns raised ordered to be printed in the RECORD, as showing that another party was at fault, by some, the bill will allow states to ‘‘opt follows: pursuant to relevant state law. If the out’’ of any of these provisions.∑ S. 1863 injured’s economic losses exceed his/her pol- icy limits, the injured will be able to sue the By Mr. DASCHLE: Be it enacted by the Senate and House of Rep- negligent party for those remaining losses S. 1863. A bill to require the Sec- resentatives of the United States of America in and to collect a reasonable attorney’s fee; or retary of the Army to acquire perma- Congress assembled, S6104 CONGRESSIONAL RECORD — SENATE June 11, 1996 SECTION 1. ACQUISITION OF EASEMENTS OVER S. 1578 States Code, to exempt full-time reg- LAND NEAR JAMES RIVER, SOUTH At the request of Ms. MOSELEY- istered nurses, physician assistants, DAKOTA. (a) IN GENERAL.—The Secretary of the BRAUN, her name was added as a co- and expanded-function dental auxil- Army shall acquire, from willing sellers, per- sponsor of S. 1578, a bill to amend the iaries from restrictions on remuner- manent flowage and saturation easements Individuals With Disabilities Edu- ated outside professional activities. over land that is located within the 10-year cation Act to authorize appropriations S. 1755 floodplain of the James River, South Da- for fiscal years 1997 through 2002, and At the request of Mr. DOMENICI, the kota. for other purposes. name of the Senator from Idaho [Mr. (b) SCOPE.— S. 1610 RAIG (1) IN GENERAL.—The easements acquired C ] was added as a cosponsor of S. by the Secretary of the Army under sub- At the request of Mr. BOND, the name 1755, a bill to amend the Federal Agri- section (a) shall include the right, power, of the Senator from New Mexico [Mr. culture Improvement and Reform Act and privilege of the Federal Government to DOMENICI] was added as a cosponsor of of 1996 to provide that assistance shall submerge, overflow, percolate, and saturate S. 1610, a bill to amend the Internal be available under the noninsured crop the surface and subsurface of the land and Revenue Code of 1986 to clarify the assistance program for native pasture such other terms and conditions as the Sec- standards used for determining wheth- for livestock, and for other purposes. retary of the Army considers appropriate. er individuals are not employees. S. 1781 (2) HAYING AND GRAZING.—The Secretary of the Army shall permit haying and grazing on S. 1628 At the request of Mr. CRAIG, the the land subject to the easements. At the request of Mr. BROWN, the name of the Senator from Utah [Mr. (c) PAYMENT.—In acquiring the easements names of the Senator from Idaho [Mr. HATCH] was added as a cosponsor of S. under subsection (a), the Secretary of the CRAIG] and the Senator from Kansas 1781, a bill to amend the Harmonized Army shall pay an amount based on the un- [Mrs. KASSEBAUM] were added as co- Tariff Schedule of the United States to affected fee value of the land subject to the provide for duty free treatment for ep- easements. For the purpose of this sub- sponsors of S. 1628, a bill to amend title section, the unaffected fee value of the land 17, United States Code, relating to the oxide resins. is the value that the land would have if the copyright interests of certain musical S. 1782 land were unaffected by rising ground water performances, and for other purposes. At the request of Mr. CRAIG, the and surface flooding associated with the S. 1639 name of the Senator from Utah [Mr. James River. At the request of Mr. DOLE, the name HATCH] was added as a cosponsor of S. (d) AUTHORIZATION OF APPROPRIATIONS.— 1782, a bill to amend the Harmonized There are authorized to be appropriated to of the Senator from New Hampshire carry out this section $40,000,000, to remain [Mr. GREGG] was added as a cosponsor Tariff Schedule of the United States to available until expended. of S. 1639, a bill to require the Sec- provide for duty free treatment for cer- f retary of Defense and the Secretary of tain injection molding machines. Health and Human Services to carry S. 1783 ADDITIONAL COSPONSORS out a demonstration project to provide At the request of Mr. CRAIG, the S. 94 the Department of Defense with reim- name of the Senator from Utah [Mr. At the request of Mr. COVERDELL, the bursement from the Medicare Program HATCH] was added as a cosponsor of S. name of the Senator from Oklahoma for health care services provided to 1783, a bill to amend the Harmonized [Mr. INHOFE] was added as a cosponsor Medicare-eligible beneficiaries under Tariff Schedule of the United States to of S. 94, a bill to amend the Congres- TRICARE. provide for duty free treatment for cer- sional Budget Act of 1974 to prohibit S. 1714 tain semi-manufactured forms of gold. the consideration of retroactive tax in- At the request of Mr. BURNS, the S. 1786 creases. names of the Senator from North Caro- At the request of Mr. WELLSTONE, the S. 684 lina [Mr. HELMS] and the Senator from name of the Senator from Nevada [Mr. At the request of Mr. INHOFE, his Virginia [Mr. WARNER] were added as REID] was added as a cosponsor of S. name was added as a cosponsor of S. cosponsors of S. 1714, a bill to amend 1786, a bill to require the Secretary of 684, a bill to amend the Public Health title 49, United States Code, to ensure Veterans Affairs and the Secretary of Service Act to provide for programs of the ability of utility providers to es- Health and Human Resources to carry research regarding Parkinson’s disease, tablish, improve, operate and maintain out a demonstration project to provide and for other purposes. utility structures, facilities, and equip- the Department of Veterans Affairs S. 969 ment for the benefit, safety, and well- with reimbursement from the medicare At the request of Mr. BRADLEY, the being of consumers, by removing limi- program for health care services pro- name of the Senator from Florida [Mr. tations on maximum driving and on- vided to certain medicare-eligible vet- GRAHAM] was added as a cosponsor of S. duty time pertaining to utility vehicle erans. 969, a bill to require that health plans operators and drivers, and for other S. 1794 provide coverage for a minimum hos- purposes. At the request of Mr. FAIRCLOTH, his pital stay for a mother and child fol- S. 1726 name was added as a cosponsor of S. lowing the birth of the child, and for At the request of Mr. BURNS, the 1794, a bill to amend chapter 83 of title other purposes. names of the Senator from California 5, United States Code, to provide for S. 1166 [Mrs. BOXER], the Senator from Wyo- the forfeiture of retirement benefits in At the request of Mr. LUGAR, the ming [Mr. SIMPSON], and the Senator the case of any Member of Congress, name of the Senator from Iowa [Mr. from Mississippi [Mr. LOTT] were added congressional employee, or Federal jus- GRASSLEY] was added as a cosponsor of as cosponsors of S. 1726, a bill to pro- tice or judge who is convicted of an of- S. 1166, a bill to amend the Federal In- mote electronic commerce by facilitat- fense relating to official duties of that secticide, Fungicide, and Rodenticide ing the use of strong encryption, and individual, and for the forfeiture of the Act, to improve the registration of pes- for other purposes. retirement allowance of the President ticides, to provide minor use crop pro- S. 1731 for such a conviction. tection, to improve pesticide toler- At the request of Mr. CRAIG, the S. 1848 ances to safegaurd infants and chil- name of the Senator from Mississippi At the request of Mrs. BOXER, the dren, and for other purposes. [Mr. COCHRAN] was added as a cospon- name of the Senator from Vermont S. 1199 sor of S. 1731, A bill to reauthorize and [Mr. JEFFORDS] was added as a cospon- At the request of Mrs. BOXER, the amend the National Geologic Mapping sor of S. 1848, a bill to amend the Inter- name of the Senator from Louisiana Act of 1992, and for other purposes. nal Revenue Code of 1986 to encourage [Mr. JOHNSTON] was added as a cospon- S. 1752 the production and use of clean-fuel ve- sor of S. 1199, a bill to amend the Inter- At the request of Mr. SIMPSON, the hicles, and for other purposes. nal Revenue Code of 1986 to permit tax- name of the Senator from Idaho [Mr. S. 1853 exempt financing of certain transpor- CRAIG] was added as a cosponsor of S. At the request of Mr. FAIRCLOTH, the tation facilities. 1752, a bill to amend title 38, United names of the Senator from Alabama June 11, 1996 CONGRESSIONAL RECORD — SENATE S6105

[Mr. SHELBY], the Senator from Ala- AMENDMENTS SUBMITTED ing a full committee hearing which is bama [Mr. HEFLIN], the Senator from scheduled to begin immediately follow- Texas [Mr. GRAMM], the Senator from ing the business meeting scheduled at Texas [Mrs. HUTCHISON], the Senator 1996 SUMMER OLYMPIC TORCH 9:30 a.m. The purpose of this hearing is from Georgia [Mr. COVERDELL], the RELAY CONCURRENT RESOLUTION to consider S. 1010, a bill to amend the Senator from North Carolina [Mr. unit of general local government defi- HELMS], and the Senator from South nition for Federal payments in lieu of FORD AMENDMENT NO. 4044 Carolina [Mr. THURMOND] were added as taxes to include unorganized boroughs cosponsors of S. 1853, a bill to amend Mr. SPECTER (for Mr. FORD) pro- in Alaska, and for other purposes; S. title 18, United States Code, to clarify posed an amendment to the concurrent 1807, a bill to amend the Alaska Native the Federal jurisdiction over offenses resolution (H. Con. Res. 172) authoriz- Claims Settlement Act, regarding the Kake Tribal Corp. public interest land relating to damage to religious prop- ing the 1996 Summer Olympic Torch exchange, and S. 1187, a bill to convey erty. Relay to be run through the Capitol Grounds, and for other purposes; as fol- certain real property located in the SENATE JOINT RESOLUTION 8 lows: Tongass National Forest to Daniel J. Gross, Sr., and Douglas K. Gross, and At the request of Mr. COVERDELL, the In section 1 strike ‘‘, and the Olympic for other purposes. names of the Senator from Michigan Torch may be displayed on the Capitol Grounds overnight,’’. The PRESIDING OFFICER. Without [Mr. ABRAHAM] and the Senator from f objection, it is so ordered. Oklahoma [Mr. INHOFE] were added as COMMITTEE ON THE JUDICIARY cosponsors of Senate Joint Resolution AUTHORITY FOR COMMITTEES TO 8, a joint resolution proposing an Mr. NICKLES. Mr. President, I ask MEET unanimous consent that the Commit- amendment to the Constitution of the COMMITTEE ON ARMED SERVICES tee on the Judiciary be authorized to United States to prohibit retroactive Mr. NICKLES. Mr. President, I ask meet during the session of the Senate increases in taxes. unanimous consent that the Commit- on Tuesday, June 11, 1996, at 10 a.m. to hold a hearing on Olympics and the f tee on Armed Services be authorized to meet at 3:30 p.m. on Tuesday, June 11, threat of terrorism. 1996, in open session, to consider the The PRESIDING OFFICER. Without SENATE RESOLUTION 258—REL- nominations of Gen. John H. Tilelli Jr., objection, it is so ordered. ATIVE TO THE ROBERT J. DOLE USA, for reappointment to the grade of COMMITTEE ON INDIAN AFFAIRS BALCONY general and to be commander in chief, Mr. NICKLES. Mr. President, I ask U.N. Command/Combined Forces Com- By Mr. NICKLES (for himself, Mr. unanimous consent that the Commit- mand/United States Forces, Korea; Lt. tee on Indian Affairs be authorized to DASCHLE, Mr. LOTT, Mr. FORD, Mr. Gen. Wesley K. Clark, USA, for pro- meet during the session of the Senate THURMOND, Mrs. KASSEBAUM, Mr. ABRA- motion to the grade of general and to on Tuesday, June 11, 1996, at 9:30 a.m. HAM, Mr. AKAKA, Mr. ASHCROFT, Mr. be commander in chief, United States to conduct an oversight hearing on In- BAUCUS, Mr. BENNETT, Mr. BIDEN, Mr. Southern Command; and Lt. Gen. Wal- dian trust fund management by the De- BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. ter Kross, USA, for promotion to the partment of the Interior and imple- BRADLEY, Mr. BREAUX, Mr. BROWN, Mr. grade of general and to be commander mentation of the Indian Trust Fund BRYAN, Mr. BUMPERS, Mr. BURNS, Mr. in chief, United States Transportation Management Act of 1994. The hearing BYRD, Mr. CAMPBELL, Mr. CHAFEE, Mr. Command. will be held in room 485 of the Russell COATS, Mr. COCHRAN, Mr. COHEN, Mr. The PRESIDING OFFICER. Without Senate Office Building. CONRAD, Mr. COVERDELL, Mr. CRAIG, objection, it is so ordered. The PRESIDING OFFICER. Without Mr. D’AMATO, Mr. DEWINE, Mr. DODD, COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. Mr. DOMENICI, Mr. DORGAN, Mr. EXON, TRANSPORTATION SELECT COMMITTEE ON INTELLIGENCE Mr. FAIRCLOTH, Mr. FEINGOLD, Mrs. Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask FEINSTEIN, Mr. FRIST, Mr. GLENN, Mr. unanimous consent that the Commit- unanimous consent that the Select GORTON, Mr. GRAHAM, Mr. GRAMM, Mr. tee on Commerce, Science, and Trans- Committee on Intelligence be author- GRAMS, Mr. GRASSLEY, Mr. GREGG, Mr. portation be allowed to meet during ized to meet during the session of the HARKIN, Mr. HATCH, Mr. HATFIELD, Mr. the Tuesday, June 11, 1996, session of Senate on Tuesday, June 11, 1996, at HEFLIN, Mr. HELMS, Mr. HOLLINGS, Mrs. the Senate for the purpose of conduct- 2:30 p.m. to hold a closed meeting on HUTCHISON, Mr. INHOFE, Mr. INOUYE, ing a hearing on the condition of live- intelligence matters. Mr. JEFFORDS, Mr. JOHNSTON, Mr. stock markets. The PRESIDING OFFICER. Without KEMPTHORNE, Mr. KENNEDY, Mr. The PRESIDING OFFICER. Without objection, it is so ordered. KERREY, Mr. KERRY, Mr. KOHL, Mr. objection, it is so ordered. SPECIAL COMMITTEE TO INVESTIGATE KYL, Mr. LAUTENBERG, Mr. LEAHY, Mr. COMMITTEE ON ENERGY AND NATURAL WHITEWATER DEVELOPMENT AND RELATED LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. RESOURCES MATTERS MACK, Mr. MCCAIN, Mr. MCCONNELL, Mr. NICKLES. Mr. President, I ask Mr. NICKLES. Mr. President, I ask Ms. MIKULSKI, Ms. MOSELEY-BRAUN, unanimous consent that the Commit- unanimous consent that the Special Mr. MOYNIHAN, Mr. MURKOWSKI, Mrs. tee on Energy and Natural Resources Committee to Investigate Whitewater MURRAY, Mr. NUNN, Mr. PELL, Mr. be granted permission to meet during Development and Related Matters be PRESSLER, Mr. PRYOR, Mr. REID, Mr. the session of the Senate on Tuesday, authorized to meet during the session ROBB, Mr. ROCKEFELLER, Mr. ROTH, Mr. June 11, 1996, for purposes of conduct- of the Senate on Tuesday, June 11 and SANTORUM, Mr. SARBANES, Mr. SHELBY, ing a full committee business meeting Wednesday, June 12, 1996, to conduct Mr. SIMON, Mr. SIMPSON, Mr. SMITH, which is scheduled to begin at 9:30 a.m. hearings pursuant to Senate Resolu- Ms. SNOWE, Mr. SPECTER, Mr. STEVENS, The purpose of this meeting is to con- tion 120. sider pending calendar business. Mr. THOMAS, Mr. THOMPSON, Mr. WAR- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. NER, Mr. WELLSTONE, and Mr. WYDEN) objection, it is so ordered. submitted the following resolution; SUBCOMMITTEE ON THE CONSTITUTION, which was considered and agreed to. COMMITTEE ON ENERGY AND NATURAL FEDERALISM, AND PROPERTY RIGHTS RESOURCES Mr. LOTT. Mr. President, I ask unan- S. RES. 258 Mr. NICKLES. Mr. President, I ask imous consent that the Subcommittee Resolved, That the balcony adjacent to unanimous consent that the Commit- on the Constitution, Federalism, and rooms S–230 and S–231 of the United States tee on Energy and Natural Resources Property Rights of the Senate Commit- Capitol Building is hereby designated as, and be granted permission to meet during tee on the Judiciary, be authorized to shall hereafter be known as, the ‘‘Robert J. the session of the Senate on Tuesday, meet during a session of the Senate on Dole Balcony’’. June 11, 1996, for purposes of conduct- Tuesday, June 11, 1996, at 2 p.m., in S6106 CONGRESSIONAL RECORD — SENATE June 11, 1996 Senate Dirksen room 226, to hold an ex- Throughout the United States, public equal navigation of the great Columbia ecutive business meeting. sentiment flared as well. Indignation River. As Polk’s Secretary of State, The PRESIDING OFFICER. Without at the continuing British presence on James Buchanan, advised his chief ne- objection, it is so ordered. Western American soil and concern for gotiator with the Crown, Louis SUBCOMMITTEE ON DRINKING WATER, the rights of the United States citizens McLane, in correspondence dated July FISHERIES, AND WILDLIFE there compelled private individuals 12, 1845, British negotiators flatly re- Mr. NICKLES. Mr. President, I ask and politicians alike to demand the jected this offer on three different oc- unanimous consent that the Sub- withdrawal of Britain from the Oregon casions (in 1818, 1824, and 1827). committee on Drinking Water, Fish- country. On February 22, 1839, Senator Thus it was that, when his adminis- eries, and Wildlife be granted permis- Lewis Linn of Missouri exhorted this tration began anew to seek a boundary sion to conduct a hearing Tuesday, body to rush to the defense of Oregon settlement with the British, President June 11, 1996, at 9:30 a.m., hearing room settlers by annexing the Oregon coun- Polk confronted a dilemma. British ne- (SD–406), on implementation of salmon try, saying, ‘‘Great Britain through the gotiators had shown repeatedly that and steelhead recovery efforts in the medium of the Hudson’s Bay Company, they were uninterested in a com- Pacific Northwest to solicit testimony has opened a trade with all the tribes promise—but if the president suc- on installation of the surface collector of Indians on the western slope of the cumbed to political pressure to annex at Lower Granite Dam, recommenda- Rocky Mountains, as far south as the all of Oregon he risked a western war tions of the National Academy of Gulf of California. Their hunters and with Britain just as America’s recent Sciences and the Snake River Recovery trappers have penetrated all the val- annexation of Texas was threatening to team on independent peer-reviewed leys and glens of the Rocky Mountains, ignite a southern war with Mexico. science, and the establishment of an scattering arms, munitions of war, and In response to this dilemma, the Polk independent scientific advisory board. fomenting discontent against the Unit- administration exercised the self-re- The PRESIDING OFFICER. Without ed States in the bosoms of those dis- straint, caution, and peaceful spirit of objection, it is so ordered. tant Indian tribes. They have driven compromise in international relations f our people from the Indian trade, of which the Oregon Treaty endures as a lasting reminder. President Polk in- ADDITIONAL STATEMENTS which yielded seven or eight hundred thousand dollars per annum, and even structed his Secretary of State, James pushed their operations east. Buchanan, to offer once more the com- promise border of the 49th parallel. OREGON TREATY In this increasingly volatile atmos- This time, however, President Polk re- SESQUICENTENNIAL phere, the Democratic presidential fused to offer British ships free naviga- ∑ Mr. HATFIELD. Mr. President, convention of 1844 nominated former tion of the Columbia; instead, he in- Saturday, June 15, marks the sesqui- Tennessee Governor James K. Polk, de- vited Britain to take whatever lands centennial of the Oregon Treaty, which spite his relative obscurity on the na- and ports she desired on Vancouver Is- extended the domain of the United tional stage. Polk won the general land that were south of the 49th par- States across lands that make up my election against the much more promi- allel. Once again, the British nego- home State of Oregon and the States of nent Whig, Henry Clay of Kentucky, by tiators refused the compromise. Presi- Washington and Idaho. With the ratifi- capitalizing on the expansionist mood dent Polk then withdrew the offer, in- cation of this treaty, the United States of the country. Polk proudly invoked dicating that the onus was therefore on for the first time spanned the Amer- the United States’ manifest destiny to the British to draft their own com- ican continent, from sea to shining sea. span North America and ran on the fa- promise. To ensure that one was indeed Nevertheless, this treaty is more than mous campaign slogans ‘‘All of Or- forthcoming, the president called, in just a significant chapter in our young egon’’ and ‘‘54–40 or fight!’’, arguing his first State of the Union Address— Nation’s westward expansion. It also that the United States should go to on December 2, 1845—for Congress to represents—perhaps more impor- war with Britain if she did not with- support him in giving Britain 12 tantly—the victory of peace and com- draw entirely and absolutely from the months’ notice that the Joint-Occupa- promise over ill will and nationalistic Oregon country. tion Convention of 1827 was to be abro- fervor. Once Polk entered the White House, gated and nullified. Congress obliged, On June 15, 1846, when the represent- there was substantial political pressure passing a joint resolution to that effect atives of the British Crown and the to honor his fiery campaign rhetoric. on April 27, 1846. United States signed the Oregon Trea- By 1845, as Charles Carey described in The United States’ move to vacate ty, the two nations concluded a long- his seminal study, the Oregon country the Joint-Occupation Convention suc- standing but uneasy truce over the dis- was welcoming new American settlers cessfully inspired in the British a con- position of the Oregon country, the at a dizzying rate—and with each one, ciliatory and cooperative spirit—with- area bounded by the Rocky Mountains the need for a common government in- out imperiling the peace that existed and the Pacific Ocean on the east and creased. In addition, several influential in the Oregon country. On June 6, 1946, west, and Russian North America and Members of Congress, including Sen- Richard Pakenham, the British min- Mexico on the north and south. Pre- ator Lewis Cass of Michigan—who was ister plenipotentiary, offered a pro- viously, a joint-occupation convention favored over James Polk as the expan- posal almost identical to President signed by Great Britain and the United sionists’ candidate going into the 1844 Polk’s and transmitted it to him States in 1818 and renewed in 1827 guar- Democratic presidential convention— through Secretary of State James Bu- anteed both nations’ citizens free and were loudly advocating Britain’s im- chanan. In accordance with the con- equal access to the Oregon country. mediate withdrawal from the region. stitutional requirement that all trea- Trappers and traders of the British Another factor also invited President ties are negotiated with the advice and Hudson’s Bay Company and settlers Polk to assume a relatively belligerent consent of this body, President Polk from the United States navigated the posture with Britain. Numerous at- conveyed the proposal to the Senate on same rivers and used the same re- tempts by previous administrations to June 10. On June 12, the Senate voted sources, without common allegiance or compromise with Britain over a perma- 38–12 to advise the President to accept uniform system of law. Charles H. nent boundary had failed due to British the British offer. Carey’s ‘‘General History of Oregon’’ demands for all the lands north of the One hundred and fifty years ago this offers the definitive description of this 45th parallel, including the Columbia Saturday, Secretary of State James era, during which conflicts between River. Despite contentions that the Buchanan affixed his signature to the British subjects and the Hudson’s Bay United States’ contiguity with the Or- Oregon Treaty. With this stroke of a Company on the one hand and Amer- egon country gave it natural title to pen, the administration of James Knox ican citizens on the other sometimes the region up to the 54th parallel, Polk peacefully secured for our young flared—and did so ever more frequently Presidents James Monroe and John Nation the fruits of its manifest des- as thousands of American settlers fol- Quincy Adams had offered both to set- tiny—and made Oregon a great and lowed the Oregon Trail into the region tle the boundary at the 49th parallel lasting tribute to the power of coopera- beginning in 1843. and to permit British vessels free and tion and compromise.∑ June 11, 1996 CONGRESSIONAL RECORD — SENATE S6107 ALABAMA ‘‘TEACHER OF THE Sam Houston, TX. In this most impor- THE 30TH ANNIVERSARY OF THE YEAR’’ tant position, Marc Cisneros provided CITY OF SALINE, MI AND THE ∑ Mr. HEFLIN. Mr. President, I rise vision, enforced standards of excel- TOWN OF BRECON, WALES AS today to pay tribute to one of Ala- lence, and committed himself to help- SISTER CITIES bama’s most outstanding teachers. ing sustain the readiness of the Na- ∑ Mr. ABRAHAM. Mr. President, I rise Harriet Tyler, a sixth-grade teacher at tion’s reserve component forces. today to recognize the 30th anniversary Springwood School in Lanett, AL, was Mr. President, our Nation owes a of the successful partnership of the recently selected as Teacher of the debt of gratitude to Lt. Gen. Marc A. city of Saline, MI, and the town of Year for the State of Alabama by the Cisneros, and I am honored to recog- Brecon, Wales in the Sister Cities Pro- Alabama Independent School Associa- nize him today. With our deepest ap- gram. tion. preciation, the United States of Amer- Thirty-years ago next month, under Harriet Tyler—a native of Decatur, ica says thank you. I wish him, and his the People-to-People Program estab- AL, and a graduate of Butler High wife Eddy and their children, continued lished by President Eisenhower, a bond School—has influenced the lives of success and happiness in all future en- was forged between these two commu- countless elementary students since deavors.∑ nities. In the words of Saline Mayor she graduated from Auburn University f Patrick J. Little, ‘‘We have become one in 1965. As a sixth-grade teacher, she COMMEMORATING THE 30TH ANNI- community separated by a large body has had the unenviable task of prepar- VERSARY OF THE INDEPEND- of water. Over two generations have ing the senior members of the play- ENCE OF GUYANA had the pleasure of learning about each ground for the traumatic transition to other’s culture.’’ ∑ Mr. BRADLEY. Mr. President, I rise To celebrate this occasion, next junior high school. Sometimes we today to honor the nation of Guyana as month approximately 50 members of think our work here in the Senate is it celebrates its 30th year as a sov- difficult, but I don’t think that it com- ereign nation, and to pay tribute to the the Brecon community will visit Sa- pares to the difficult job that Harriet citizens of this nation whose dedication line, the highlight of which will be the Tyler has done year after year for over to their country enabled Guyana to de- first ever Celtic Festival on July 6. I 30 years. Her commitment to her job, velop from a small colony to an inde- would like to extend a warm welcome her school, and most importantly, to pendent nation. to our visitors from Brecon, and con- her students is truly inspiring. Guyana was a Dutch colony from 1621 gratulate the citizens of both cities for Mr. President, teachers like Harriet until it eventually came under the in- their three decades of cooperation and Tyler represent the key to America’s fluence of the British who acquired for- friendship.∑ future. As our children face the chal- mal possession in 1814. While still A CASE AGAINST INDEPENDENT COUNSEL lenges of the 21st century, it is dedi- under British control, Guyana obtained Mr. SIMON. Mr President, I sup- cated educators like Harriet Tyler who its first constitution in 1928, although ported the creation of the office of accept the challenge of turning the universal franchise was not recognized independent counsel and have voted for young people of today into the leaders until much later in 1953. From 1957 its reauthorization. of tomorrow.∑ until 1966 the People’s Progressive I am now convinced that is the wrong f Party was elected and controlled Guy- way to solve this particular problem. ana under a system of internal self My judgment is that we should look TRIBUTE TO LT. GEN. MARC A. at the office of Attorney General with CISNEROS rule. In 1965, the British Guiana Independ- great care when a nomination is made. ∑ Mrs. HUTCHISON. Mr. President, I ence Conference met in London to the And if the nominee is too close, in any rise today to recognize a great patriot, authorize a new constitution. When way, to the President, that nomination statesman, and soldier from the Lone ratified on May 26, 1966, the new con- should be rejected. Star State of Texas, Lt. Gen. Marc A. stitution marked the beginning of the And if the nominee has been active in Cisneros. General Cisneros is retiring independent nation of Guyana. political life beyond the normal type of after a distinguished 35-year military Throughout its years as both a Dutch engagement, that should be weighed. career in the U.S. Army. and British colony, Guyana became Such a person should not automati- Marc Cisneros entered the military home to workers from many different cally be rejected, but there should be in 1961 after graduating as an ROTC lands. With a population of 739,553, ample evidence that the person will distinguished military cadet from St. Guyana is comprised primarily of East serve with honor. Mary’s University, in San Antonio, TX. Indians and people of African descent. An ideal type of arrangement was He was commissioned a 2d Lt. in the Guyana is also home to native South when Ed Levi was chosen as Attorney field artillery and has faithfully and Americans as well as citizens of Chi- General by President Gerald Ford. No selflessly served his country in a wide nese and European heritage. one for a moment thought that the array of demanding command and staff Guyana was one of the founding man who left as president of the Uni- assignments within the continental members of the Caribbean Free Trade versity of Chicago to become Attorney United States and overseas. Most nota- Area [CARIFTA] which was established General could be politically manipu- ble was his assignment as Commanding in 1968. Guyana has been called the lated by the President, even if the General, U.S. Army South and Joint bread basket of the Caribbean because President wanted to do that. Task Force, Panama, during Operation it is blessed with many natural re- My impression is that Janet Reno is Just Cause. During Operation Just sources and the potential for a strong made of the same stuff and that her ap- Cause, General Cisneros played a sig- economy. Guyana is dually blessed pointment was a good appointment. nificant role in the combat operations with both natural resources and a vi- When I was sounded out about John in Panama and helped negotiate the brant and diverse people. These at- F. Kennedy appointing Bobby Kennedy capture and surrender of Panamanian tributes ensure that in the years to as Attorney General I indicated to Bob General Noriega. Besides this action, come this young country will grow into Wallace, the Kennedy staff person who General Cisneros served two combat a leader in its part of the world. asked me about it, that I thought it tours in Vietnam. Today, I rise to offer my congratula- was a mistake because the Attorney This officer has risen through the tions to Guyana on the anniversary of General should not be too close to the ranks emphasizing military readiness its independence as a sovereign nation. President. As it turned out, Bobby and displaying a genuine compassion The future of Guyana has never looked Kennedy did a good job as Attorney for soldiers and their families. Marc brighter. New Jersey’s multi-cultural General, but as a precedent it was not Cisneros has been a caring leader com- heritage has benefited from citizens good. mitted to the values and ideals that from Guyana. I congratulate its citi- In the same way, Ed Meese was much have made this country and its mili- zens on their perseverance and poten- too close personally and politically to tary so great. tial, and extend my best wishes for Ronald Reagan to serve the Nation as His final assignment was as Com- continued success as an independent effectively as he might have as Attor- manding General, 5th U.S. Army, Fort nation.∑ ney General. S6108 CONGRESSIONAL RECORD — SENATE June 11, 1996 The Chicago Tribune had an editorial The only problem with this logic is that in dent incentives and recognition, cur- recently titled, ‘‘A Case Against Inde- the long scope of U.S. history, it has not riculum improvement or new tech- pendent Counsel.’’ been shown to be true. Most Justice Depart- nology, or community outreach. A na- Their conclusion is that we should ment officials and prosecutors behave honor- tional panel chose three schools to re- ably. In the one great historical instance in simply do away with the law. which the Justice Department’s integrity ceive additional PACEsetter Awards I reluctantly believe their conclusion was in serious question—Watergate—over- totaling $50,000. Cullman County Area is correct. whelming political pressure forced President Vocational Center won an additional But it will be correct only to the ex- Richard Nixon to yield and accept an inde- grant of $25,000 for a student recogni- tent that we assure the American pub- pendent counsel. tion/scholarship program. In 1995, the lic that the Attorney General is of an An independent counsel law is a source of school won a $20,000 award for curricu- independent bent. It may even be that permanent temptation to political mischief. lum improvement. we should appoint an Attorney General The Democrats in Congress used it to bludg- ComSAVE, another collaborative for a period of 10 years, subject to re- eon the Reagan and Bush administrations. Now—after the Democrats insisted on renew- venture between the school and Nichol- moval from office under conditions ing the law in Bill Clinton’s first year in of- son File was instrumental in the imple- that are carefully spelled out in the fice—the Republicans are using it to bludg- mentation of the tech prep initiative in law prior to ending that 10-year period. eon the Clinton administration. No fewer Cullman County. Other efforts have led But the Chicago Tribune editorial than four independent counsels are at work to new programs, including CAD and contains words that we should reflect investigating issues from Whitewater to Computer Electronics. on. whether Henry Cisneros lied to the FBI As you can see, Mr. President, Cooper Mr. President, I ask that the article about how much money he gave his former Tools/Nicholson File has taken a very from the Chicago Tribune be printed in mistress. As the figures on the HUD investigation proactive approach in regards to voca- the RECORD. suggest, independent counsels operate with tional education. Cooper Tools/Nichol- The article follows: none of the budget constraints that fetter or- son File is setting a standard which I A CASE AGAINST INDEPENDENT COUNSEL dinary prosecutors. And they can pursue hope others will emulate. Remember Sam Pierce? their quarry indefinitely, meaning that indi- f That’s OK. Ronald Reagan didn’t remem- viduals can remain under threat of prosecu- ber him either, even when Pierce was serving tion for years, with devastating effects on THE RUSH TO GULP U.S. RADIO in his cabinet as secretary of Housing and their families, fortunes, careers and psyches. STATIONS Urban Development. (Reagan once greeted That’s not fair. Mr. SIMON. Mr. President, some of him in a receiving line as ‘‘Mr. Mayor’’). Rep. Henry Hyde (R-Ill.) and Rep. Jay Pierce and Reagan have been gone from Dickey (R-Ark.) each have proposed legisla- my colleagues may remember that Washington for almost eight years, but the tion to reduce the powers of independent when the new telecommunications law effects of their presence continue to be felt. counsels and make them more accountable was before the Senate, I offered an In Pierce’s case, they are felt less in policy to Congress. amendment to limit the expansion of than in the work of an independent counsel, Better that they should simply do away radio station ownership by any one or special prosecutor, who is said to be with the law. As the Nixon case dem- corporation or any one individual. tidying up loose ends in a probe of abuses onstrates, when a president’s behavior That amendment was tabled by a and mismanagement in Pierce’s agency dur- threatens the very constitutional order, the ing the Reagan years. vote of 64 to 34. public will demand an independent counsel. The other day I read an article by As of the end of March, this investigation Absent such an outrage, it’s best to let nor- Prof. Jerry Landay, former broadcast had resulted in 17 convictions of former high- mal legal processes work.∑ level officials and the associates to whom f journalist, who now teaches at the Uni- they steered contracts or directed favors. versity of Illinois. The article appeared The most prominent of those convicted was TRIBUTE TO COOPER TOOLS/ in the Christian Science Monitor under James Watt, the blunt former secretary of NICHOLSON FILE the title. ‘‘The Rush To Gulp U.S. the Interior in the Reagan administration, Mr. HEFLIN. Mr. President, the Na- Radio Stations.’’ who in January pleaded guilty to attempting I ended up voting against the bill to mislead the grand jury in the HUD inves- tional Association of State Directors of tigation. He was sentenced to five years of Vocational Technical Education Con- even though I know there were some probation, 500 hours of community service sortium recently recognized Cooper good things in it. and a $5,000 fine. Tools/Nicholson File of Cullman, AL, But diversity in ownership is good for To obtain these results, the independent for their commitment to vocational all the media. I don’t like the con- counsel has run up a tab of almost $21 mil- education. I, too, would like to com- centration of ownership that is taking lion—an average of $1.2 million per convic- mend Cooper Tools/Nicholson File for place in newspapers, but that is not a tion. That’s offset somewhat by the $2 mil- federally regulated entity. lion in fines and $10 million in recovered their exemplary contributions to the community of Cullman, AL, in regards Radio stations and television sta- HUD funds. But even so, the pursuit of jus- tions are federally regulated, and we tice in the HUD case has been an extremely to vocational training. If I may, Mr. costly affair. President, I would like to briefly out- have every right to demand diversity of The HUD probe is not even the most expen- line some of the innovative projects ownership and not monopolistic or oli- sive by an independent counsel. Lawrence Cooper Tools/Nicholson File has initi- garchical practices. Walsh’s Iran-contra investigation cost more ated. I ask that the Jerry Landay article than $40 million. Kenneth Starr’s In 1985, Nicholson File helped the be printed in the RECORD. Whitewater probe bids fair to become the The article follows: most expensive ever—by one estimate it al- Cullman County Area Vocational Cen- ter take a giant leap toward edu- [From the Christian Science Monitor, May 7, ready has cost $25 million. Altogether, spe- 1996] cial counsels have cost the taxpayers $100 cational excellence by adopting the million over the last 10 years. school as its partner. As the first step, THE RUSH TO GULP US RADIO STATIONS This mounting expense, for results whose the company donated to the school (By Jerry M. Landay) value more and more members of Congress hand tools and power equipment worth The surface glamour faded long ago from consider dubious at best, has inspired a ques- more than $254,000. radio. But Americans keep as many as five tioning of the independent counsel law that or six sets in the house and use them regu- arguments from principle could not. In addition, Nicholson File began a larly. Don Imus, Rush Limbaugh, and Garri- The logic behind the law (formally, the scholarship program for vocational stu- son Keillor remind us that television hasn’t Ethics in Government Act) is simple and dents to attend Wallace State Commu- stripped all the glory from the medium or its seems unassailable: When high-level officials nity College. To date, 24 students have revenues—Totaling $11.5 billion in 1995. in an administration are accused of serious attended the college, using gifts total- The radio stations that CBS owns—39 of breaches of the public trust, it takes an inde- ing $48,000. them—grossed a half-billion dollars last pendent outsider to conduct a credible inves- In 1986, Cooper Tools initiated year. Like the printing presses in the Fed- tigation. There is a built-in conflict of inter- Project PACE—Partnership To Aid Ca- eral Mint, commercial radio stations in est that makes it impossible for the normal America churn out cash in prodigious Justice Department processes to work. With- reer Education. Project PACE gave se- amounts. Returns of 40 to 50 percent yearly out a law, the president cannot be counted lected vocational schools an unre- are not uncommon. on to permit an independent investigation of stricted grant of $10,000 each for teach- Multibillion-dollar mergers and acquisi- his administration. er development and recognition, stu- tions in the telephone and television-based June 11, 1996 CONGRESSIONAL RECORD — SENATE S6109 industries spawned by the new telecommuni- there is teeth-gritting sameness in the 2. Bill title: Intelligence Authorization Act cations law have stolen our eye from the music they play, as dial-twisters who have for Fiscal Year 1997. land rush now under way in Radioland. A traveled long distances in a car can testify— 3. Bill status: As reported by the Senate vast consolidation of ownership has begun various shades of rock and country music. Select Committee on Intelligence on April among America’s 10,000 commercial stations. Before deregulation, the Federal Commu- 30, 1996. Just two months after passage of the law nications Commission required buyers to 4. Bill purpose: This bill would authorize erased the limits on the number of radio sta- hold their stations for at least three years appropriations for fiscal year 1997 for intel- tions a single owner may acquire, a station- before resale, to ensure local commitment. ligence activities of the United States gov- buying blowout is justifying critics’ fears In the new environment, a wheeler-dealer ernment, the Community Management Staff that the law is not spurring competition, but can theoretically turn his station over as of the Director of Central Intelligence, and monopoly. An industry that once had to base soon as the FCC approves the purchase. the Central Intelligence Agency Retirement its license renewals on service to a station’s Media writer Ken Auletta was told by the and Disability System. community has been let off the hook by Con- head of a station ownership group: ‘‘It’s com- 5. Estimated cost to the Federal Govern- gress and the president. modity trading to us. We don’t know [our] ment: Table 1 summarizes the budgetary ef- Rita Zanella, a media analyst at Gruntal & community. We’re short-term players.’’ fects of the unclassified sections of the bill Co. in New York, predicts that eight or 10 big The fundamental question is unavoidable: on direct spending, revenues, and authoriza- station groups will eventually control the Is mass communications solely a growth tions of appropriations for 1997. CBO could entire broadcasting industry. ‘‘You control game for entrepreneurs, banks, and Wall not obtain the necessary information to esti- pricing,’’ she told the Chicago Tribune. ‘‘You Street, or is it also a social partner that jus- mate the costs for the entire bill because eliminate your competition and have greater tifies its existence by living up to its civic parts are classified at a level above clear- control over what you can charge.’’ obligations? The late Donald H. McGannon, a ances now held by CBO employees. To cite just a few examples of the radio respected industry leader of the 1950s and 6. Basis of estimate: The estimate assumes land rush, Jacor Communications Inc. of ’60s as chairman of the Group W (Westing- that S. 1718 will be enacted by October 1, Cincinnati spent nearly a billion dollars in house) Stations, was a businessman with a 1996, and that the full amounts authorized February to acquire 26 radio stations and vision who told his staff: ‘‘If we do the right will be appropriated. CBO used historical two television stations. Jacor now controls thing in our cities and towns, the money spending rates for estimating outlays. 62 percent of the radio revenues in the Cin- comes.’’ They did—and it did. DIRECT SPENDING AND REVENUES cinnati, market, nearly half the Denver mar- The times have changed. But not the rel- ket, 30 percent of the Tampa market, and a evance of McGannon’s vision. Undoing the Title V of S. 1718 defines economic espio- quarter of the radio business in Portland, damage of the Telecommunications Act of nage and contains provisions governing fines OR. In a single deal worth $1.2 billion, an- 1996 will be difficult, but it will have to hap- and forfeitures that would affect direct nounced earlier this month, the Sinclair pen.∑ spending and revenues. Although the bill would provide for penalties that could accu- Broadcasting Group of Baltimore acquired 34 f radio stations in 27 markets, along with a mulate to be in the millions of dollars in any group of television stations, becoming a SUBMISSION OF CBO SCORING FOR one year, CBO cannot predict the frequency miniconglomerate in a single bound. INTELLIGENCE AUTHORIZATION of successful prosecutions for economic espi- With the purchase of three stations in BILL (S. 1718) onage or the amounts of the fines that would March, Citadel Communications Corporation be levied and collected. Nevertheless, the now owns seven of the most powerful AM and ∑ Mr. SPECTER. Mr. President, on only net budgetary impact would stem from FM stations in Albuquerque’s 36-station April 30, 1996, the Select Committee on civil fines. radio market. That includes KKOB, which Intelligence reported S. 1718, the Intel- blankets much of the southwest, and the ligence Authorization Act for Fiscal TABLE 1.—ESTIMATED COST TO THE FEDERAL GOVERN- city’s only classical music station, KHFM. Year 1997 from committee. Knowing MENT OF THE UNCLASSIFIED SECTIONS OF S. 1718 Arthur Schreiber, a former manager of that this would be a relatively short [By fiscal year, in millions of dollars] KKOB and a veteran of the radio wars, pre- legislative year and that the Armed 1996 1997 1998 1999 2000 2001 2002 dicts that Albuquerque’s classical-music lis- Services Committee would take our teners will soon find themselves without DIRECT SPENDING AND REVENUES choice on the air. ‘‘It’s hard for me to believe bill on referral for up to 30 days of ses- Direct spending: that Citadel can meet its debt service by sion—as it does every year, the com- Estimated budget continuing to play classical music on a sta- mittee marked up this bill at the earli- authority ...... 0 (1) (1) (1) (1) (1) (1) tion that cost it $5.6 million,’’ says Mr. Estimated outlays 0 (1) (1) (1) (1) (1) (1) est possible date. The Congressional Revenues ...... 0 (1) (1) (1) (1) (1) (1) Schreiber. Budget Office was not able to complete SPENDING SUBJECT TO APPROPRIATIONS ACTION The federal government is essentially li- its scoring of our bill before we filed censing the drive to bigness. Station brokers Spending under cur- the report. We have now received the rent law: predict that 1996 will be the most lucrative Budget authority 2 305 0 0 0 0 0 0 year ever for station trades. I a deregulatory report of the Congressional Budget Of- Estimated outlays 350 39 19 5 0 0 0 environment, small, aggressive companies fice and I ask that it be printed in the Proposed changes: ECORD Estimated author- such as Jacor and Citadel can become mass- R so that Members will have an ization level ...... 0 282 1 0 0 0 0 comm players in a single bound, with lenders opportunity to review it before the In- Estimated outlays 0 239 25 14 5 0 0 anxious to supply cheap money. Spending under the telligence bill comes up for consider- bill: But radio isn’t just any business. Radio is ation by the full Senate. Estimated author- an essential part of our civic capital. It The report follows: ization level 2 ..... 305 282 1 0 0 0 0 speaks over publicly licensed frequencies to Estimated outlays 350 278 44 19 5 0 0 U.S. CONGRESS, millions of listeners, at home, at work, and 1 CBO cannot estimate the direct spending and revenue impacts of the on the road. In the past stations were more CONGRESSIONAL BUDGET OFFICE, bill. Title V would affect both spending and revenues through fines and than juke boxes. They provided breaking Washington, DC, May 22, 1996. forefeitures associated with economic espionage. Over time, these effects Hon. ARLEN SPECTER, would be offsetting except for civil fines as described in the text. news and weather bulletins, specialized in- 2 The 1996 figure is the amount already appropriated. formation for farmers, investors, community Chairman, Select Committee on Intelligence, organizations, local governments, and emer- U.S. Senate, Washington, DC. Fines.—The imposition of new civil and gency services. Before the start of deregula- DEAR MR. CHAIRMAN: The Congressional criminal fines in S. 1718 could cause govern- tion in the 1980s, owners were limited to Budget Office has prepared the enclosed cost mental receipts to increase. Civil fines would seven AM and seven FM stations, to ensure estimate for S. 1718, the Intelligence Author- be deposited into the general fund of the diverse voices and dispersed power. ization Act for Fiscal Year 1997, as reported Treasury. Criminal fines would be deposited The new barons of radio are absentee own- by the Senate Select Committee on Intel- in the Crime Victims Fund and would be ers who convert their stations from local ligence on April 30, 1996. spent in the following year; thus, direct presences into cash cows for instant milking, The bill would affect direct spending and spending from the fund would match the in- their values ballooned for trading to the next receipts, and thus would be subject to pay- crease in revenues from criminal fines with a buyer. The name of the game is to avoid as-you-go procedures under section 252 of the one-year lag. being the ‘‘last sucker’’ stuck with debt if re- Balanced Budget and Emergency Deficit Forfeiture.—A new forfeiture provision in S. cession hits. Control Act of 1985. 1718 could lead to more assets seized and for- Radio, once the most trusted news source If you wish further details on this esti- feited to the United States as a result of eco- in America, has increasingly abandoned the mate, we will be pleased to provide them. nomic espionage. Proceeds from the sale of role of local service-provider. Newsrooms in Sincerely, any such assets would be deposited as reve- many stations have been cut to the bone— JAMES L. BLUM nues into the Assets Forfeiture Fund of the one or two readers, Schreiber says, ‘‘ripping (For June E. O’Neill, Director). Department of Justice and spent out of the and reading’’ news and weather supplied to CONGRESSIONAL BUDGET OFFICE COST fund in the same year. Thus, direct spending all clients by a single news source, the Asso- ESTIMATE from the Assets Forfeiture Fund would ciated Press. 1. Bill number: S. 1718. match any increase in revenues. S6110 CONGRESSIONAL RECORD — SENATE June 11, 1996 SPENDING SUBJECT TO APPROPRIATIONS ACTION ate proceed to the immediate consider- the Journal of proceedings be deemed The bill would authorize the appropriation ation of House Concurrent Resolution approved to date, no resolutions come of $280 million for intelligence and intel- 172 just received from the House. over under the rule, the call of the cal- ligence-related activities for 1997 as well as The PRESIDING OFFICER. The endar be dispensed with, the morning such sums as may be necessary to establish clerk will report. hour be deemed to have expired, and the Commission to Assess the Organization The assistant legislative clerk read the time for the two leaders be re- of the Federal Government to Combat the Proliferation of Weapons of Mass Destruc- as follows: served for their use later in the day, tion. A concurrent resolution (H. Con. Res. 172) and that there then be a period for Section 104 would authorize appropriations authorizing the 1996 Summer Olympic Torch morning business until the hour of 12 of $95.5 million for 1997 for the Community Relay to be run through the Capitol noon with Senators permitted to speak Management Account of the Director of Grounds, and for other purposes. for up to 5 minutes each with the fol- Central Intelligence. Similarly, section 201 The PRESIDING OFFICER. Is there lowing exception: Senator GRASSLEY specifies an authorization of appropriations objection to the immediate consider- for 10 minutes. for the Central Intelligence Agency Retire- ation of the concurrent resolution? I further ask unanimous consent that ment and Disability Fund of $184.2 million. There being no objection, the Senate In addition, CBO estimates costs of $3 mil- at 12 noon, the Senate then resume de- lion over two years to establish the new proceeded to consider the concurrent bate on the conference report to ac- commission. resolution. company the concurrent budget resolu- 7. Pay-as-you-go considerations: The Bal- AMENDMENT NO. 4044 tion. anced Budget and Emergency Deficit Control (Purpose: To make a minor technical The PRESIDING OFFICER. Without Act of 1985 sets up pay-as-you-go procedures amendment) objection, it is so ordered. for legislation affecting direct spending or Mr. SPECTER. Madam President, in f receipts through 1998. The bill would have behalf of Senator FORD, I send an the following pay-as-you-go impact: PROGRAM amendment to the desk. [By fiscal year, in millions of dollars] The PRESIDING OFFICER. The Mr. SPECTER. For the information 1996 1997 1998 clerk will report. of all Senators, on Wednesday the Sen- The assistant legislative clerk read ate will be resuming debate on the Change in outlays ...... 0 (1) (1) Change in receipts ...... 0 (1) (1) as follows: budget resolution conference report. Under a previous order, if the Senate 1 CBO cannot estimate the direct spending and revenue impacts of the The Senator from Pennsylvania [Mr. SPEC- bill. Title V would affect both spending and revenues through fines and for- TER], for Mr. FORD, proposes an amendment has received the official papers on the feitures associated with economic espionage. Over time, these effects would numbered 4044. conference report from the House by be offsetting except for civil fines as described in the text. In section 1 strike ‘‘, and the Olympic 3:30 p.m. on Wednesday, the Senate will 8. Estimated cost to State, local, and tribal Torch may be displayed on the Capitol proceed at that time on a vote on adop- governments: Section 4 of Public Law 104–4 Grounds overnight,’’. tion of that matter. If the Senate does excludes from application of that act legisla- Mr. FORD. Madam President, The not receive the papers from the House tive provisions that are necessary for the na- amendment that I offer to House Con- tional security. CBO has determined that all by that time, then a vote on the adop- the provisions of S. 1718 either fit within this current Resolution 172 conforms the tion of the conference report would exclusion or do not contain intergovern- language of the resolution to the au- then occur on Thursday, June 13, at a mental mandates as defined by Public Law thority sought by the sponsors of the time to be determined by the majority 104–4. Olympic Torch Relay. The plans for the leader after consultation with the 9. Estimated impact on the private sector: relay has been modified since the in- Democratic leader. CBO has determined that all the provisions troduction of the original resolution in The Senate may also be asked to of S. 1718 either fit within the national secu- the House. This amendment reflects turn to the consideration of any other rity exclusion or do not contain private-sec- those changes. tor mandates as defined by Public Law 104– items cleared for action. Therefore, 4. It is my understanding that the other rollcall votes are possible on 10. Previous CBO estimate: None. House leadership is prepared to accept Wednesday. 11. Estimate prepared by: Federal Cost Es- this amendment and will expedite ac- The PRESIDING OFFICER. Without timate: Jeannette Van Winkle. Impact on tion on this measure when it is re- objection, it is so ordered. State, Local, and Tribal Governments: Karen ceived in the House. Consequently, this f McVey. Impact on Private Sector: Neil Sing- amendment will not result in any delay er. of the Olympic Torch Relay events. ORDER FOR ADJOURNMENT 12. Estimate approved by: Robert A. Sun- I commend my colleague from Geor- Mr. SPECTER. If there is no further shine for Paul N. Van de Water, Assistant Di- business to come before the Senate, I rector for Budget Analysis.∑ gia, Senator NUNN, for his efforts to fa- cilitate this event and thank my col- now ask that the Senate stand in ad- f leagues for their assistance. journment under the previous order ORDER OF PROCEDURE Mr. SPECTER. Madam President, I following the remarks of Senator ask unanimous consent that the CRAIG. Mr. SPECTER. Madam President, I amendment be agreed to, the resolu- The PRESIDING OFFICER. Without have been asked to perform the wrap- tion, as amended, be agreed to, and the objection, it is so ordered. up—a high honor to be acting majority motion to reconsider be laid upon the The Senator from Idaho is recog- leader—perhaps majority leader since table; further, that any statements re- nized. there is no majority leader at the mo- lating thereto be placed at an appro- f ment. priate place in the RECORD as if read. TRIBUTE TO SENATOR BOB DOLE f The PRESIDING OFFICER. Without Mr. CRAIG. Madam President, I will ORDER FOR PRINTING A SENATE objection, it is so ordered. not keep us long in the closing hours of DOCUMENT The amendment (No. 4044) was agreed to. the U.S. Senate in what will certainly Mr. SPECTER. Madam President, I The concurrent resolution (H. Con. be recognized and reported as a historic ask unanimous consent that the trib- Res. 172), as amended, was agreed to. day. utes to Senator DOLE be printed as a f Madam President, this evening I Senate document. want to add to my earlier remarks two The PRESIDING OFFICER. Without ORDERS FOR WEDNESDAY, JUNE thoughts that I think are appropriate objection, it is so ordered. 12, 1996 as many of our colleagues have come to f Mr. SPECTER. Madam President, I the floor today to express their sad- ask unanimous consent that when the ness, their reminiscent thoughts, and AUTHORIZATION FOR THE USE OF Senate completes its business today it in some instances our joy that BOB THE CAPITOL GROUNDS stand in adjournment until the hour of DOLE is now free to lead our party, my Mr. SPECTER. Madam President, I 11:30 on Wednesday, June 12; further, party, the Republican Party, in his ask unanimous consent that the Sen- that immediately following the prayer, quest for the Presidency. June 11, 1996 CONGRESSIONAL RECORD — SENATE S6111 Over the last 2 years I have had the I, along with every Senator in this NATIONAL INSTITUTE FOR LITERACY ADVISORY privilege of developing a unique rela- body, will miss BOB DOLE as our major- BOARD tionship with leader BOB DOLE. I chair ity leader. AUDREY TAYSE HAYNES, OF KENTUCKY, TO BE A MEM- BER OF THE NATIONAL INSTITUTE FOR LITERACY ADVI- the steering committee here in the But I say that I am excited about the SORY BOARD FOR A TERM EXPIRING OCTOBER 13, 1998. Senate, better known as the conserv- future. And I am excited about the op- MARY DODD GREENE, OF TEXAS, TO BE A MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY atives, or a group of conservatives, and portunity someday, as I believe I will BOARD FOR A TERM EXPIRING OCTOBER 12, 1998. there have been many occasions when I have that opportunity, to say to BOB MARK EDWIN EMBLIDGE, OF VIRGINIA, TO BE A MEM- OLE BER OF THE NATIONAL INSTITUTE FOR LITERACY ADVI- have been instructed by that group to D , ‘‘Mr. President, it is my pleasure SORY BOARD FOR A TERM EXPIRING SEPTEMBER 22, 1998. go sit down with our leader and express to serve you.’’ TONI G. FAY, OF NEW JERSEY, TO BE A MEMBER OF With those thoughts, I yield back my THE NATIONAL INSTITUTE LITERACY ADVISORY BOARD our concern over a given issue. FOR A TERM EXPIRING OCTOBER 12, 1998. It has been over the course of that time with the understanding that the DEPARTMENT OF STATE time that I have gotten to know BOB Senate will stand in adjournment. f RICHARD L. MORNINGSTAR, OF MASSACHUSETTS, FOR DOLE for the person that so many have THE RANK OF AMBASSADOR DURING HIS TENURE OF spoken to today: a man whose leader- SERVICE AS SPECIAL ADVISOR TO THE PRESIDENT AND ADJOURNMENT UNTIL 11:30 A.M. TO THE SECRETARY OF STATE ON ASSISTANCE TO THE ship, and his concern about our coun- TOMORROW NEW INDEPENDENT STATES [NIS] OF THE FORMER SO- try and this institution, the Senate, VIET UNION AND COORDINATOR OF NIS ASSISTANCE. The PRESIDING OFFICER. Under was always foremost. He did so in style DANE FARNSWORTH SMITH, JR., OF NEW MEXICO, A CA- the previous order, the Senate stands REER MEMBER OF THE SENIOR FOREIGN SERVICE, and dignity. BOB DOLE is one of those CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR adjourned. EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNIT- people who could tell you no with as Thereupon, the Senate, at 7:57 p.m., ED STATES OF AMERICA TO THE REPUBLIC OF SENEGAL. much sincerity as he could tell you GEORGE F. WARD, JR., OF VIRGINIA, A CAREER MEM- adjourned until Wednesday, June 12, BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- yes; that he would take your issue and 1996, at 11:30 a.m. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- carry it forward, or that he did not be- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES f OF AMERICA TO THE REPUBLIC OF NAMIBIA. lieve what you were discussing with SHARON P. WILKINSON, OF NEW YORK, A CAREER MEM- him was appropriate at the time and CONFIRMATIONS BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND that sometime in the future it might Executive nominations confirmed by PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA fit. That was the kind of person who I the Senate June 11, 1996: TO BURKINA FASO. KENNETH C. BRILL, OF CALIFORNIA, A CAREER MEM- have grown to know and respect in my LEGAL SERVICES CORPORATION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- first term here in the U.S. Senate. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- LAVEEDA MORGAN BATTLE, OF ALABAMA, TO BE A DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Another issue that BOB DOLE has MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL OF AMERICA TO THE REPUBLIC OF CYPRUS. been more than fair to this Senator on SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, DAY OLIN MOUNT, OF VIRGINIA, A CAREER MEMBER OF 1998. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- is the issue of my leadership on the JOHN N. ERLENBORN, OF ILLINOIS, TO BE A MEMBER COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND balanced budget amendment. I had OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CORPORATION FOR A TERM EXPIRING JULY 13, 1998. TO THE REPUBLIC OF ICELAND. started that effort in the House in the EDNA FAIRBANKS-WILLIAMS, OF VERMONT, TO BE A CHARLES O. CECIL, OF CALIFORNIA, A CAREER MEM- MEMBER OF THE BOARD OF DIRECTORS OF THE LEGAL 1980’s, but it was some years after BOB BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- SERVICES CORPORATION FOR A TERM EXPIRING JULY 13, ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DOLE had already presented the idea 1998. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES here in the U.S. Senate. I, along with HARRY S. TRUMAN SCHOLARSHIP FOUNDATION OF AMERICA TO THE REPUBLIC OF NIGER. DAVID C. HALSTED, OF VERMONT, A CAREER MEMBER the Presiding Officer at this moment, NORMAN I. MALDONADO, OF PUERTO RICO, TO BE A OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- had felt the importance of this issue MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY S. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND TRUMAN SCHOLARSHIP FOUNDATION FOR A TERM EX- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA and had worked hard to make it a na- PIRING DECEMBER 10, 1999. TO THE REPUBLIC OF CHAD. tional issue. LUIS D. ROVIRA, OF COLORADO, TO BE A MEMBER OF PRUDENCE BUSHNELL, OF VIRGINIA, A CAREER MEM- THE BOARD OF TRUSTEES OF THE HARRY S. TRUMAN BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- When I arrived here in the Senate in SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CEMBER 10, 2001. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA 1990 as the citizens of Idaho chose me BARRY GOLDWATER SCHOLARSHIP & EXCELLENCE IN TO THE REPUBLIC OF KENYA. as one of their U.S. Senators, BOB DOLE EDUCATION FOUNDATION MORRIS N. HUGHES, JR., OF NEBRASKA, A CAREER DONNA DEARMAN SMITH, OF ALABAMA, TO BE A MEM- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF was very quick to say, ‘‘LARRY, that is BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND your issue, and we want you to lead.’’ WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA As our committee meetings went for- FOUNDATION FOR A TERM EXPIRING MARCH 3, 1998. TO THE REPUBLIC OF BURUNDI. SAINT LAWRENCE SEAWAY DEVELOPMENT ward, or as there were press con- NUCLEAR REGULATORY COMMISSION CORPORATION ferences, or as there were other gather- HUBERT T. BELL, JR., OF ALABAMA, TO BE INSPECTOR WILLIAM L. WILSON, OF MINNESOTA, TO BE A MEMBER GENERAL, NUCLEAR REGULATORY COMMISSION. ings in behalf of a balanced budget OF THE ADVISORY BOARD OF THE SAINT LAWRENCE amendment, BOB DOLE attended them SEAWAY DEVELOPMENT CORPORATION. NATIONAL TRANSPORTATION SAFETY BOARD religiously. But with his seniority and COMMUNICATIONS SATELLITE CORPORATION JAMES E. HALL, OF TENNESSEE, TO BE CHAIRMAN OF with his prestige, he was always will- BARRY M. GOLDWATER, SR. OF ARIZONA, TO BE A MEM- THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A BER OF THE BOARD OF DIRECTORS OF THE COMMUNICA- TERM OF TWO YEARS. ing to step back and say to people like TIONS SATELLITE CORPORATION UNTIL THE DATE OF DEPARTMENT OF DEFENSE myself, or Orrin HATCH, or others, or THE ANNUAL MEETING OF THE CORPORATION IN 1998. PAUL SIMON, ‘‘This is your issue. You PETER S. KNIGHT, OF THE DISTRICT OF COLUMBIA, TO ROBERT E. ANDERSON, OF MINNESOTA, TO BE A MEM- BE A MEMBER OF THE BOARD OF DIRECTORS OF THE BER OF THE BOARD OF REGENTS OF THE UNIFORMED lead with it. You carry it.’’ COMMUNICATIONS SATELLITE CORPORATION UNTIL THE SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A DATE OF THE ANNUAL MEETING OF THE CORPORATION TERM EXPIRING JUNE 20, 2001. When we convened the historic 104th IN 1999. LONNIE R. BRISTOW, OF CALIFORNIA, TO BE A MEMBER session, as BOB DOLE become the ma- NATIONAL COMMISSION ON LIBRARIES AND OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A jority leader of the U.S. Senate, he was INFORMATION SCIENCE TERM EXPIRING JUNE 20, 2001. very quick to say to me and others, C.E. ABRAMSON, OF MONTANA, TO BE A MEMBER OF SHIRLEY LEDBETTER JONES, OF ARKANSAS, TO BE A ‘‘This is an issue that will be one of our THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- MEMBER OF THE BOARD OF REGENTS OF THE UNI- MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2000. FORMED SERVICES UNIVERSITY OF THE HEALTH lead issues this year, and I want you, SCIENCES FOR A TERM EXPIRING MAY 1, 2001. CORPORATION FOR NATIONAL AND COMMUNITY LARRY CRAIG, or ORRIN HATCH, or PAUL THE ABOVE NOMINATIONS WERE APPROVED SUBJECT SERVICE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- SIMON, to lead me.’’ QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ROBERT B. ROGERS, OF MISSOURI, TO BE A MEMBER OF CONSTITUTED COMMITTEE OF THE SENATE. What I am saying is that in all of the THE BOARD OF DIRECTORS OF THE CORPORATION FOR opportunities that BOB DOLE had to be NATIONAL AND COMMUNITY SERVICE FOR A TERM OF DEPARTMENT OF JUSTICE THREE YEARS. in the forefront, there were many occa- JOHN R. LACEY, OF CONNECTICUT, TO BE A MEMBER OF HARRY S TRUMAN SCHOLARSHIP FOUNDATION sions when he was very willing to step THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF ELMER B. STAATS, OF THE DISTRICT OF COLUMBIA, TO THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER back and let others lead, and I think BE A MEMBER OF THE BOARD OF TRUSTEES OF THE 30, 1998. HARRY S TRUMAN SCHOLARSHIP FOUNDATION FOR A that is the sign of a leader. I think that IN THE COAST GUARD is the expression of the confidence that TERM EXPIRING DECEMBER 10, 2001. NATIONAL MUSEUM SERVICES BOARD COAST GUARD NOMINATIONS BEGINNING VINCENT he had in himself, but at the same time WILCZYNSKI, AND ENDING JAMES R. DIRE, WHICH NOMI- the willingness to share that with all DAVID A. UCKO, OF MISSOURI, TO BE A MEMBER OF THE NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- PEARED IN THE CONGRESSIONAL RECORD ON APRIL 19, of us as he saw the importance of PIRING DECEMBER 6, 1999. 1996. broadening our base and carrying these ALBERTA SEBOLT GEORGE, OF MASSACHUSETTS, TO COAST GUARD NOMINATION OF ANDREW J. SORENSON, BE A MEMBER OF THE NATIONAL MUSEUM SERVICES WHICH WAS RECEIVED BY THE SENATE AND APPEARED issues forward. BOARD FOR A TERM EXPIRING DECEMBER 6, 1998. IN THE CONGRESSIONAL RECORD OF MAY 22, 1996. June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1049 EXTENSIONS OF REMARKS

BANGLADESH: AVERTING A CRISIS neutral caretaker government; new elections strike, we know that our friend and neighbors were then set for June 12. These actions ap- are there to help. HON. DOUG BEREUTER pear to have answered many of the opposi- Few realize the depth of training and hard OF NEBRASKA tion's key demands. The catch is that ZiaÐ work that goes into being a member of the IN THE HOUSE OF REPRESENTATIVES who remains head of her party and has been rescue squad. Rescue squad members under- actively campaigningÐcould conceivably re- go a training series over a four to six month Friday, June 10, 1996 capture her position after the elections, a pros- period which includes instruction in Mr. BEREUTER. Mr. Speaker, with par- pect that the opposition may not be prepared cardiopulmonary resuscitation [CPR], vehicle liamentary elections set for tomorrow, Ban- to accept with good graceÐeven in a fair con- extrication, emergency driving, and rescue ori- gladesh is at a crucial turning point in its ef- test. The very real possibility of no party at- entation. In addition to this training, rescue forts to sustain a fragile democracy that has taining a majority would necessitate the forma- squad members also meet monthly to address only been in place since 1991. Although calm tion of a coalition government, an arrangement business concerns as well as hear guest prevails in Dhaka, the country is still reeling that would pose the ultimate challenge of co- speakers. from jitters produced by the movements of operation for Zia and Sheikh Hasina. Rescue squad members are volunteers. provincial troops unhappy with the May 20 dis- Regardless of the outcome of tomorrow's They receive no pay for what they do. What missal of the army chief of staff. Earlier this polls, developments leading up to them have also makes their service especially outstand- spring, the political opposition waged a gen- brought relative law and order to Dhaka, in- ing is that the organizations themselves re- eral strike that paralyzed most transportation cluding a much welcome respite from violence ceive no funding. They receive no funding and businesses, was well as the country's cru- and labor strikes. With this period of calm from the city, the county, or the Federal Gov- cial port of Chittagong. Although enjoying lim- comes an opportunity that should not be lost. ernment. ited public support, the anti-government cam- It is now critical for the country's leading politi- Rescue squads are funded in the same spir- paign took a severe toll on what was already cos to demonstrate to Bangladesh's citizens it of community volunteerism which moves one of the world's poorest nations. It kept and to the world that they are both serious them to serve. Family, friends, and neighbors frightened citizens away from school and jobs. about learning to live with each other and pitch in at bake sales, road blocks, and fish It cost the country up to $80 million a day in eager to attract the international investment frys to help those who sacrifice their time for lost production and exports. Over 120 that Bangladesh so desperately needs. it is the benefit of the whole community. Bangladeshis lost their lives in clashes be- imperative that the two sides participate in and Committing such an amount of spare time tween pro- and anti-government activists dur- abide by the results of these elections which, and energy to a job so emotionally and phys- ing the strike. of course, must be respectably fair and free of ically taxing requires a sense of devotion and It is pointless to try to assign blame for the irregularities. All parties should then take their duty for which we are all grateful. turmoil that has characterized Bangladesh's seats in the legislature and reengage fully in f political scene for past several years. The Bangladesh's political process. INTRODUCTION OF LEGISLATION 1991 elections that brought Prime Minister Finally, the United States and other friends REGARDING PRECIOUS METALS Begum Khaleda Zia and her Bangladesh Na- should do everything in their power to morally tionalist Party to power were generally consid- support and encourage Bangladesh to follow ered fair by international observers. Three such a course. We should make it clear that HON. BARBARA F. VUCANOVICH OF NEVADA years later, however, the opposition resigned the international community will not recognize IN THE HOUSE OF REPRESENTATIVES en masse from the parliament after allegations or assist a new regime unless it achieves of a rigged by-election. It then commenced a power through the democratic process. We Tuesday, June 11, 1996 campaign of demonstrations and boycotts in must reiterate that a military coupÐa time- Mrs. VUCANOVICH. Mr. Speaker, along the effort to convince Zia to step down in favor honored tradition in BangladeshÐis not an op- with my colleagues, Representative JOHN EN- of a neutral caretaker government. Then, in tion. And, the United States should stand SIGN and Representative JIMMY HAYES, I am February 1996 a legislative contest that dis- ready to at least maintain its modest bilateral introducing today legislation that will broaden solved into a one-party show plagued by egre- assistance and to support legitimate requests investor options for individually directed retire- gious irregularities only worsened the situa- for assistance from the World Bank and other ment accounts and other self-directed ac- tion. international financial institutions. counts in qualified retirement plans, and en- What has made Bangladesh's cir- Outside financial assistance is desperately sure that the continued importation of minted cumstances all the more tragic is that its party needed, but in the final analysis, it is the peo- gold and silver bullion will remain duty-free. warfare has been driven more by the person- ple of Bangladesh who will decide the nation's This legislation will have no revenue impact. alities of its key political leaders rather than fate. The path to a brighter future can now be Precious metals have been used for savings policy differences in addressing the country's seen. Let us hope that the leadership of this and investments since the dawn of civilization. crushing poverty and improving the lives of its long-suffering people, who already have en- Millions of Americans invest in precious metals citizens. Former Prime Minister Zia is the dured more than their share of tragedy, can today. They recognize that precious metals widow of an assassinated president, and op- seize the political opportunity that lies before are an excellent way to diversify a portfolio position Awami League leader Sheikh Hasina them. and to provide a hedge against inflation and fi- Wajeed is the daughter of the country's first f nancial uncertainty. Similarly, investors have prime minister, who was also assassinated. long recognized the value of investing in legal Despite their common history as survivors, HONORING THE CANNON COUNTY tender coinage. Such coins are seen by many their relationship over the years has been RESCUE SQUAD investors to be an important compliment to a characterized by charges and counter-charges total precious metals portfolio. Precious metals related to their long-standing rivalry for the HON. BART GORDON and legal tender coinage can bring a balance country's top post. OF TENNESSEE to other portfolio assets like stocks, bonds, Nevertheless, a breakthrough in Ban- IN THE HOUSE OF REPRESENTATIVES and mutual funds, reducing the volatility gladesh's stalemate occurred with the con- caused by fluctuations in the securities mar- Tuesday, June 11, 1996 stitutional change approved by Parliament on kets. March 26, which provided for Prime Minister Mr. GORDON. Mr. Speaker, I am taking this Today, investors in individually directed re- Zia to step down and for a neutral caretaker opportunity to applaud the invaluable services tirement accounts may invest in a wide selec- government to be appointed. A few days later, provided by the Cannon County Rescue tion of precious metals mining stocks and mu- Bangladesh's president appointed Habibur Squad. These brave, civic minded people give tual funds, yet they are unnecessarily re- Rahman, a former chief justice, as head of a freely of their time so that should disaster stricted in their choice of physical precious

∑ 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. E1050 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 metals investments. Current law limits the pre- bars continued to be imported duty-free for the squad members also meet monthly to address cious metals choices for investors in these re- next 4 years. business concerns as well as hear guest tirement accounts to gold and silver American In 1993, the Customs Service sought to speakers. Eagle bullion coins, minted by the U.S. Mint. classify minted gold and silver bars under the Rescue squad members are volunteers. While American Eagles are convenient for provisions for other articles of gold and silver, They receive no pay for what they do. What small transactions, they have a high premium in HTS heading 7115 at a duty of 7.8 percent also makes their services especially outstand- relative to bullion bars, making them less at- and 5.4 percent, respectively. By 1994, the ing is that the organizations themselves re- tractive for investors choosing to invest larger proposal had caused a major stir in the inter- ceive no funding. They receive no funding amounts in precious metals. national precious metals market until it was from the city, the county, or the Federal Gov- Current law also permits legal tender coin- held in abeyance by the Department of the ernment. age to be included in defined contribution pen- Treasury, an action still in effect. Rescue squads are funded in the same spir- sion and profit-sharing plans, but not individ- This measure would remedy the drafting it of community voluntarism which moves them ually directed retirement accounts and other error in the HTS by affirming the longstanding to serve. Family, friends, and neighbors pitch self-directed retirement plans. Removing cur- duty-free provisions for semimanufactured in at bake sales, road blocks, and fish frys to rent restriction would allow small investors, gold and silver and for other articles of gold help those who sacrifice their time for the ben- many whose total investment programs con- and silver. The bill before us will properly re- efit of the whole community. sist of the IRA's, to select from the same tain the duty-free treatment accorded to the Committing such an amount of spare time menu of investment options currently available importation of gold and silver bullion bars for and energy to a job so emotionally and phys- to other investors. over 100 years. ically taxing requires a sense of devotion and The legislation my colleagues and I are in- Because gold and silver bullion bars, wheth- duty for which we are all grateful. troducing today will amend section 408(m) of er cast or minted, regardless of size, have al- f the Internal Revenue Code and expand the ways been duty-free, enactment of the pro- qualified precious metals investments for indi- posed corrective provisions in this measure TRIBUTE TO GIRL SCOUT GOLD vidually directed retirement accounts to in- would simply retain that status, and would not AWARD RECIPIENTS clude gold, silver, platinum, and palladium bul- deprive the Treasury of revenue. Con- lion products in bar or coin form, and legal sequently, this change in the HTS will have no HON. JOHN T. MYERS tender coinage. This will permit American in- revenue impact. OF INDIANA vestors a wider range of investment options I urge my colleagues to work with Con- IN THE HOUSE OF REPRESENTATIVES for their individually directed retirement ac- gressman HAYES, Congressman ENSIGN, and Tuesday, June 11, 1996 counts, and other self-directed accounts in myself to enact this bill to restore fairness for qualified retirement plans, while having no rev- those with individually directed retirement ac- Mr. MYERS of Indiana. Mr. Speaker, today enue impact for the Federal Government. counts and to correct an unintended drafting I would like to salute four outstanding young This bill also will correct an unintentional error in the HTS. women who have been honored with the Girl drafting error which occurred with the conver- f Scout Gold Award by Covered Bridge Girl sion, in 1989, of the tariff schedules of the Scout Council in Terre Haute, IN. This year United States [TSUS] into the harmonized tar- PERSONAL EXPLANATION Katherine Bloomer, Amanda Lambertus, iff schedule of the United States [HTS] and will Wendy Lu, and Katey Marancik received Gold allow the importation of gold and silver bullion HON. DAN SCHAEFER Awards. This award symbolizes outstanding to continue duty-free. This measure will OF COLORADO accomplishments in the areas of leadership, amend subchapter II of chapter 71 of the HTS IN THE HOUSE OF REPRESENTATIVES community service, career planning, and per- and correct the definition of gold and silver sonal development. The award can be earned bullion bars which are both cast and minted. Tuesday, June 11, 1996 by girls ages 14 to 17 or in grades 9 through For more than a century, gold and silver Mr. SCHAEFER. Mr. Speaker, I was unable 12. bars imported into the United States have to cast votes yesterday on rollcall votes 222, Girl Scouts of the U.S.A., an organization been classified under the duty-free tariff provi- 223, and 224. Had I been present, I would serving over 2.5 million girls, has awarded sions covering gold and silver bullion and have voted for H.R. 3364, to designate a U.S. more than 20,000 Girl Scout Gold Awards to more. Until the 1970's, bars were universally courthouse in Scranton, PA, as the William J. senior Girl Scouts since the inception of the produced by the casting method, whereby Nealon United States Courthouse; H.R. 3400, program in 1980. molten metal is poured into a mold where it to designate the U.S. courthouse to be con- To receive the award, a Girl Scout must hardens into a bar. Technological advance- structed in Omaha, NE, as the Roman L. earn four interest project patches, the Career ments some 20 years ago permitted bullion Hruska U.S. Courthouse; and H.R. 3060, to Exploration Pin, the Senior Girl Scout Leader- bars to be minted rather than cast. Minted implement the protocol on environmental pro- ship Award, and the Senior Girl Scout Chal- bars are stamped out of flat strips of rolled tection to the Antarctic Treaty. lenge, as well as design and implement a Girl gold or silver to the required dimensions. In f Scout Gold Award project. A plan for fulfilling the case of smaller quantities of metal, minting these requirements is created by the senior bars is more efficient, precise, and cost-effec- HONORING THE CLAY COUNTY Girl Scout and is carried out through close co- tive. This new production method had no ef- RESCUE SQUAD operation between the girl and an adult Girl fect on the product. Whether cast or minted, Scout volunteer. the bars are at least 99.5 percent pure gold or HON. BART GORDON I believe we should join the Covered Bridge silver, and both are recognized internationally OF TENNESSEE Girl Scout Council in publicly recognizing as bullion products of similar quality and pu- IN THE HOUSE OF REPRESENTATIVES these young women for their service to their rity. community and country. Tuesday, June 11, 1996 Our bill would correct an unintentional draft- f ing error which occurred in the conversion of Mr. GORDON. Mr. Speaker, I am taking this the TSUS to the HTS. In 1989, the United opportunity to applaud the invaluable services WHITE HOUSE ABUSE OF POWER States adopted the HTS, replacing the TSUS. provided by the Clay County Rescue Squad. In the conversion, the drafters of the HTS, These brave, civic-minded people give freely HON. RON PACKARD through an oversight, made the provisions for of their time so that should disaster strike, we OF CALIFORNIA gold and silver bullion a subcategory of the know that our friends and neighbors are there IN THE HOUSE OF REPRESENTATIVES provisions for unwrought forms of gold and sil- to help. ver. In the HTS, the definition of the term ``un- Few realize the depth of training and hard Tuesday, June 11, 1996 wrought'' excludes articles that are produced work that goes into being a member of the Mr. PACKARD. Mr. Speaker, I would like to using a rolling process. The drafters failed to rescue squad. Rescue squad members under- express my outrage at the blatant abuse of take into account that in order to mint the go a training series over a 4- to 6-month pe- power exhibited by the White House. Recently bars, the gold and silver must first be rolled riod which includes instruction in discovered documents show that the White into a flat strip, which, according to the U.S. cardiopulmonary resuscitation [CPR], vehicle House requested and received 341 highly con- Customs Service, removed the bars from the extrication, emergency driving, and rescue ori- fidential FBI records of former Reagan and unwrought category. However, minted bullion entation. In addition to this training, rescue Bush appointees. June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1051 The abuse of power and invasion of privacy TRIBUTE TO BENNY CARTER, Carter, Gerald Wilson, and Quincy Jones. wreaks of Big Brother. It is a blatant violation BUDDY COLLETTE, AND GERALD Buddy's works such as ``Blue Sands'' have be- of the right to privacy the Constitution guaran- WILSON—THREE GREAT ARTISTS come jazz standards. tees each and every American. Equally out- In addition to composing, arranging, and rageous is the fact that the president invoked HON. JULIAN C. DIXON performing, Buddy is committed to touching lives through education. He has devoted a ``Executive privilege'' to prevent release of OF CALIFORNIA great deal of time to teaching students at all documents in which the request for FBI files IN THE HOUSE OF REPRESENTATIVES levels about the rich history of jazz and the was discovered. Tuesday, June 11, 1996 contributions made by the pioneers of the The Clinton administration is caught red- Mr. DIXON. Mr. Speaker, I rise today to join music. His numerous activities include assem- handed this time in what seems to be a reoc- the Library of Congress in honoring Benny bling a volunteer faculty of professional musi- curring denial of responsibility, they explain it Carter, Buddy Collette, and Gerald WilsonÐ cians for an afterschool program for at-risk as just another goof by unknown bureau- three of America's most talented jazz musi- junior high students, and working closely with cratsÐwas the goof the fact that the docu- cians. Last week the Library of Congress hon- the Los Angeles Department of Cultural Affairs ments were requested or the fact that the doc- ored these wonderful, Los Angeles-based art- and the Oral History program at UCLA in pre- serving and presenting the history of jazz in ument requests were discovered? Further, we ists by sponsoring three concerts featuring Los Angeles. Later this year, Collette will join must also question who at the White House their music. the faculty of California State University, Long BENNY CARTER knew the files had been gathered and why Beach, as a professor of jazz performance. were they kept at the White House rather than Bennett Lester ``Benny'' Carter was born in In 1994, Buddy joined other performing arts returned to the FBI after the error was discov- New York, in 1907 and studied piano as well professionals to found JazzAmerica, a non- ered in 1994? as trumpet and saxophone with his mother profit, tax-exempt corporation to support and and sister in Manhattan. Although his parents serve as an advocacy organization for jazz The changing and conflicting stories put sent him to Wilberforce University in Ohio to forth by the Clinton administration are not ac- music and musicians across the country. He study theology, jazz gradually became more formed the corporation because he believes ceptable. The American people deserve one important to him. One summer he joined a storyÐthe truth. that jazz is the crown jewel of American cul- jazz band led by Horace Henderson, brother ture and needs an institutional structure of of bandleader Fletcher Henderson, and never f presenters and performing arts venues. looked back. While perfecting his craft, Carter JazzAmerica's programs include a jazz studies studied under the likes of Duke Ellington, the course for junior and senior high school music HONORING THE DAVIDSON COUNTY Charlie Johnson Band, Fletcher Henderson, RESCUE SQUAD teachers, a series of low-priced Young Peo- Chick Webb, and McKinney's Cotton Pickers. ple's Jazz Concerts at The Music Center of He was given the nickname ``gentleman of Los Angeles County, and in-school concerts HON. BART GORDON jazz'' for his gracious manner and reverence and teaching residencies by master jazz art- for jazz. ists. In 1933 Benny Carter began leading his OF TENNESSEE GERALD WILSON own groups, and in 1935 he went to Europe IN THE HOUSE OF REPRESENTATIVES Gerald Wilson was born in 1918 in Shelby, to tour and arrange for the BBC dance band. MS. At age 14 he moved with his family to Tuesday, June 11, 1996 During this time he also worked with Coleman Detroit and began studying jazz in high Hawkins and Django Reinhardt. Carter re- school. In Detroit, Wilson was exposed to the Mr. GORDON. Mr. Speaker, I am taking this turned to the States in 1938 and led various great bandleaders Duke Ellington, Don opportunity to applaud the invaluable services bands throughout the early 1940's which gave Redman, Erskine Tate, Earl Hines, and Char- provided by the Davidson County Rescue exposure to a number of talented artists, in- lie Barnett. From 1939 to 1942 he worked with Squad. These brave, civic-minded people give cluding Miles Davis and Max Roach. In 1943, Jimmie Lunceford's orchestra as a trumpeter, freely of their time so that should disaster he began to concentrate on film scoring and composer, and arranger. He then moved to strike, we know that our friends and neighbors produced brilliant work for a number of films Los Angeles and performed with Les Hite and are there to help. over the years, including ``Buck and the Benny Carter. Wilson formed his own orches- Preacher,'' ``A Man Called Adam,'' and ``The Few realize the depth of training and hard tra in 1944 and performed regularly on the fa- Hangman.'' Carter also composed music for mous Central Avenue jazz scene. After a brief work that goes into being a member of the the television show ``M-Squad.'' Cater's great- stint with his own orchestra, he composed rescue squad. Rescue squad members under- est works include `Blues in My Heart,'' ``Blue music and performed with Count Basie, Duke go a training series over a 4- to 6-month pe- Star,'' and ``When Lights are Low.'' Ellington, Dizzy Gillespie, and Billie Holiday. riod which includes instruction in Still going strong at nearly 90 years of age, During the 1950's Wilson wrote for television cardiopulmonary resuscitation [CPR], vehicle you'll find the gentleman of jazz performing at and movies, appearing in ``An American in extrication, emergency driving, and rescue ori- concerts and festivals all over the world and Paris'' with Gene Kelly and ``The Outsider'' entation. In addition to this training, rescue helping younger musicians through his jazz with Tony Curtis. squad members also meet monthly to address workshops. Carter has received numerous In 1961 Wilson began working with his or- business concerns as well as hear guest honors, including an honorary doctorate from chestra again, naming it the ``Gerald Wilson speakers. Princeton in 1974 and designation as an Orchestra for '60s'' for the decade in which he ``American Jazz Master'' by the National En- Rescue squad members are volunteers. was performing. This band, which is remem- dowment for the Arts. bered for its magnificent performance at the They receive no pay for what they do. What BUDDY COLLETTE 1963 Monterey Jazz Festival, included saxo- also makes their service especially outstand- The great flutist and composer William phonists Harold Land and Teddy Edwards, ing is that the organizations themselves re- ``Buddy'' Collette was born in South Central guitarist Joe Pass, and pianist Jack Wilson. ceive no funding. They receive no funding Los Angeles and grew up as a childhood He also wrote for motion pictures and tele- from the city, the county, or the Federal Gov- friend of the magnificent bassist Charles vision, and was nominated for two Grammys. ernment. Mingus. As teens, Collette and Mingus would Wilson currently conducts his ``Orchestra of Rescue squads are funded in the same spir- play for tips as they rode the Red Line Trolley the '90s,'' which is made up of Los Angeles- it of community volunteerism which moves cars. based musicians, including his award-winning them to serve. Family, friends, and neighbors He first gained national prominence in the son Anthony Wilson and grandson Eric Otis. pitch in at bake sales, road blocks, and fish 1950's, playing flute with drummer Chico It was not enough for Wilson to perfect his frys to help those who sacrifice their time for Hamilton's Quintet. Collette was also the first own craft; he believed in passing on his African-American artist to play in a TV studio knowledge to younger generations. In the past the benefit of the whole community. orchestra and helped to integrate the all-black 25 years, he has taught at the California State Committing such an amount of spare time Musicians Union Local 767 into the previously University campuses of Los Angeles and and energy to a job so emotionally and phys- all-white Local 47. Buddy has played with Northridge, and more recently at UCLA. Stu- ically taxing requires a sense of devotion and many other jazz greats, including Ella Fitzger- dents enrolled in Wilson's courses benefit from duty for which we are all grateful. ald, Duke Ellington, Frank Sinatra, Benny the unique opportunity to learn from a jazz E1052 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 master who has played and shared many ex- pleased to welcome Fast Forward to End Hun- ium Concept which preserves the ecological periences with other great artists. ger as an ally in our efforts to help Americans beauty of the park. This strategy was so well Mr. Speaker, Carter, Collette, and Wilson in battling childhood hunger in their commu- received, CAN DO was awarded the 1993 En- have been colleagues, collaborators, and nities. vironmental Excellence in Economic Develop- friends for most of their lives. Together these The Video Software Dealers Association ment Award from the Arthur D. Little organiza- men have created a legacy of powerful music and the End Hunger Network deserve praise tion. Only minutes from the interstate highway and a commitment to education of which for their ambitious efforts to eliminate child- system, the CAN DO Corporate Center is America and indeed the world can be proud. hood hunger, and I hope my colleagues will equipped with the latest business and indus- I urge my colleagues to join me in saluting join me by becoming involved in the efforts of trial technologies and a well structured and re- these giants of jazz. Fast Forward to End Hunger in their local liable infrastructure. f communities. Currently, CAN DO is involved in the expan- f sion of the Humboldt Industrial Park South- FAST FORWARD TO END HUNGER west which will result in 300 additional acres CAN DO CELEBRATES 40TH being made available for industrial develop- HON. TONY P. HALL ANNIVERSARY ment in the Hazelton area. CAN DO is also OF OHIO working with the Pennsylvania Power and IN THE HOUSE OF REPRESENTATIVES HON. PAUL E. KANJORSKI Light Company to develop the Green Moun- Tuesday, June 11, 1996 OF PENNSYLVANIA tain Major Manufacturing Site adjacent to the IN THE HOUSE OF REPRESENTATIVES Humbolt Southwest facility. Mr. HALL of Ohio. Mr. Speaker, I rise today Mr. Speaker, during its forty year existence, Tuesday, June 11, 1996 to commend the efforts of ``Fast Forward to CAN DO has been responsible for 14,000 new End Hunger,'' a nonprofit organization dedi- Mr. KANJORSKI. Mr. Speaker, I rise today jobs, 200 development projects, over $1 billion cated to raise funds to eliminate childhood to pay tribute to an economic and community in private investment in the Greater Hazelton hunger. The Fast Forward to End Hunger ini- development organization in my Congressional Area, and more than $4 million in tax revenue. tiative, which was launched on June 1 in near- District in Pennsylvania, the Community Area The long-term vision for economic develop- ly 8,000 video stores across the Nation, is ex- New Development Corporation of Hazelton. ment that CAN DO drafted has contributed pected to raise at least $2 million by the end CAN DO, as it is generally known, will cele- significantly to the economic revitalization of of its first fundraising and education campaign brate its 40th anniversary next week, and I am the Greater Hazelton Area. CAN DO has truly on August 31. pleased to be able to participate in this event. earned its many national awards and recogni- Fast Forward to End Hunger is an unprece- In 1956, Dr. Edgar L. Dessen led a group of tion. dented collaboration between the Video soft- civic leaders who were determined to reverse Mr. Speaker, during my tenure in the Con- ware Dealers AssociationÐthe trade associa- the economic decline brought about by the de- gress, I have had the distinct pleasure of tion of the $16 billion home video industryÐ mise of Northeastern Pennsylvania's coal min- working closely with the innovative and vision- and End Hunger Network, an organization ing industry. These officials believed that the ary men and women of CAN DO. It is with founded by actor/producer Jeff Bridges that economy of the area could only survive if new pleasure that I am able to highlight the out- enlists the entertainment industry in efforts to jobs were created through planned industrial standing achievements of this distinguished end hunger worldwide. Leading Hollywood ce- development. economic development organization before my lebritiesÐincluding Jeff Bridges, Valerie Harp- Under Dr. Dessen's leadership, the original colleagues. I am proud to congratulate CAN er, Paul Newman, Arnold Schwarzenegger, group oversaw a massive fund-raising effort to DO on its 40th Anniversary and I wish the or- Robin Williams and othersÐhave pledged help finance Greater Hazelton's renaissance. ganization continued prosperity in all its com- their support to Fast Forward to End Hunger The organization set a goal of raising one half munity and economic development efforts. in order to help cut the number of children a million dollars, but succeeding in raising f who wake up hungry each day. $750,000 for generating economic develop- As part of its educational efforts, Fast For- ment. The group used the funds to purchase FOREIGN OPERATIONS, EXPORT ward to End Hunger will be working to in- land to create an industrial park on the out- FINANCING, AND RELATED PRO- crease awareness about the dimensions of the skirts of Hazelton. A year later, Valmont Indus- GRAMS APPROPRIATIONS ACT, problem of childhood hunger in our Nation trial Park was opened, and the General Foam 1997 among the 57-million-plus consumers who visit Company became the park's first tenant. The SPEECH OF retail video stores: company brought over one hundred new jobs More than 21 percent of U.S. children under to Hazelton launching the area's economic re- HON. GARY L. ACKERMAN the age of 18, and 24 percent of children vitalization. Valmont Industrial Park was quick- OF NEW YORK under age 6 are poorÐtwice the child-poverty ly filled and CAN DO began to expand its mis- IN THE HOUSE OF REPRESENTATIVES rate of any other industrial country. sion. Wednesday, June 5, 1996 Hunger afflicts more than one in four Amer- Having experienced tremendous success in ican children. Some 4 million children under bringing new industries to the Valmont Indus- The House in Committee of the Whole House on the State of the Union had under age 12 in the United States are chronically trial Park, CAN DO began drafting plans for a consideration the bill (H.R. 3540) making ap- hungry and 9.6 million more are at risk of second industrial park. In 1972, CAN DO propriations for foreign operations, export fi- chronic hungerÐin all, more than 29 percent opened the Humboldt Industrial Park and nancing, and related programs for the fiscal of American children. quickly attracted new industries. A state-of- year ending September 30, 1997, and for other Even short periods of undernutrition can af- the-art operation was established in the park purposes: fect children's behavior, cognitive develop- by Cadbury-Schweppes, Ltd. which was the Mr. ACKERMAN. Mr. Chairman, I rise today ment, and future productivity. largest candy manufacturer in the world at that to express my support for amendments adopt- Children who are hungry are four times as time. The facility is now home to Hershey ed by the House last week to H.R. 3540, the likely to have difficulty concentrating as other Chocolate. foreign operations appropriations bill for fiscal children. And they are more than three times During the 1980's CAN DO officials turned year 1997. as likely to experience unwanted weight loss their attention toward the age of high tech- In the early years of this century, the Arme- and are more likely to have frequent head- nology which they anticipated would drive the nian people suffered horrible atrocities at the aches. future economy. CAN DO's drawing board hands of the Ottoman Empire. The diplomatic Eighty-four percent of Americans believe the was filled with plans to keep the company of record, from our own diplomats and from Government should increase spending for the Hazelton area strong well into the 21st those of other countries, shows an orches- food assistance programs, or at least continue Century through the attraction of high tech trated effort to rid Turkey of Armenians. It is them in 1995 levels. businesses. Numerous economic development time that the Turkish Government recognize Some Americans polled felt that alleviating projects were realized from this innovative the Armenian genocide and honor the victims hunger and poverty is an important issue in planning. in an appropriate manner. the 1996 election year, according to a recent Paramount among these projects is the The House has spoken twice this past week Nielsen poll. CAN DO Corporate Center. This ultra-modern on Armenian issues. The first time was to These statistics paint a sobering picture of business park features a unique environ- amend the Humanitarian Corridors Act to re- the tremendous challenge we face, and I am mentally sensitive design known as the Terrar- move the President's authority to waive the June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1053 provisions of the act which deny aid to a coun- provided by the Hendersonville Volunteer Res- wealthiest district in Michigan, it has that try blocking humanitarian assistance to a third cue Squad. These brave, civic-minded people State's highest identification level. country. Turkey has been blocking such as- give freely of their time so that should disaster These are exactly the types of reasons that sistance to Armenia but the President choose strike, we know that our friends and neighbors the Senate Labor Committee passed its IDEA to waive the applicable provisions of the Hu- are there to help. reauthorization bill without changing the cur- manitarian Corridors Act. The House has re- Few realize the depth of training and hard rent formula, and why the Washington-based sponded by overwhelmingly adopting an work that goes into being a member of the coalition of parent, disability and school amendment denying the President future use rescue squad. Rescue squad members under- groups decided to take no position on the cur- of this authority. go a training series over a four to six month rent formula despite having taken a position The House also spoke resoundingly when it period which includes instruction in on all other areas of this bill. adopted an amendment cutting by $3 million Cardiopulmonary Resuscitation [CPR], vehicle Everyone recognizes that there are prob- the economic support funds Turkey receives extrication, emergency driving, and rescue ori- lems with the current special education sys- until the Government of Turkey acknowledges entation. In addition to this training, rescue tem, particularly those related to the over- the atrocity committee against the Armenians squad members also meet monthly to address identification of disabled students. That is why and takes appropriate steps to honor the business concerns as well as hear guest changes in current law included in this bill, memory of the victims of the Armenian geno- speakers. such as placement-neutral funding, are so im- cide. Rescue squad members are volunteers. portant. States and local education agencies Mr. Chairman, these amendments will send They receive no pay for what they do. What that have experienced overidentification will be a strong message to the Turkish Government also makes their service especially outstand- forced to re-evaluate their systems for identi- that the United States expects the victims of ing is that the organizations themselves re- fication and placement. However, these the Armenian genocide to be recognized and ceive no funding. They receive no funding changes cannot take place overnight. that silence in the face of such atrocities is un- from the city, the county, or the Federal Gov- Because IDEA is a tremendous under- acceptable. ernment. funded mandate, we have no justification for f Rescue squads are funded in the same spir- taking even more of this small pot of money it of community volunteerism which moves away from States like New Jersey who have TRIBUTE TO THE 1996 GRADUATES them to serve. Family, friends, and neighbors done nothing but comply with the statutory RECOGNIZED BY THE CHALDEAN pitch in at bake sales, road blocks, and fish and regulatory requirements of IDEA. FEDERATION OF AMERICA frys to help those who sacrifice their time for Many advocates for IDEA reform truly be- the benefit of the whole community. lieve that once children are classified as dis- HON. DAVID E. BONIOR Committing such an amount of spare time abled they are committed to special education OF MICHIGAN and energy to a job so emotionally and phys- for life. Well, if this is the case, it does not IN THE HOUSE OF REPRESENTATIVES ically taxing requires a sense of devotion and matter how much more or less money flows to duty for which we are all grateful. New Jersey, because we will still have Tuesday, June 11, 1996 f 200,000 children in special education. And, Mr. BONIOR. Mr. Speaker, I rise today to because the law entitles each of these chil- congratulate all the students being recognized IDEA IMPROVEMENT ACT OF 1996 dren to a free appropriate public education, by the Chaldean Federation of America at the State and localities will have no choice but SPEECH OF their Annual Commencement and Scholarship to find this additional shortfall of Federal Program. The program is being held this after- HON. MARGE ROUKEMA money and provide the services required noon at the Mother of God Chaldean Church OF NEW JERSEY under the law. in Southfield, MI. IN THE HOUSE OF REPRESENTATIVES In order to make sure that participating chil- An umbrella organization of Chaldean Monday, June 10, 1996 dren receive adequate special education serv- churches and civic organizations, the ices, we must make every effort to employ Chaldean Federation of America devotes the Mrs. ROUKEMA. Mr. Speaker, I regret to professionals qualified to meet their needs. To majority of its efforts to education. The Fed- say that I am opposed to this bill in its current that end, I have voiced my concerns about the eration encourages Chaldean youth not only form. bill's provisions on professional standards, and to remain in school, but to strive for academic As a member of the Economic and Edu- will continue to do so. The bottom line is that, excellence and achievement. Nearly 300 cational Opportunities Committee for the past without properly trained special education pro- Chaldean youths graduating from southeast 15 years who has been involved in similar viders, disabled children dependent on such Michigan high schools and 60 others who special education reauthorization discussions, services will never obtain the education they have completed their studies at several Michi- let me begin by commending full committee need. When that happens, our special edu- gan colleges and universities, will be recog- Chairman GOODLING and subcommittee Chair- cation system will have failed. However, I am nized. man CUNNINGHAM for their efforts to develop a confident that this will not happen, but that we It is becoming increasingly evident that both compromise IDEA reauthorization bill that can will build on the many reforms of this bill by individual success and the prosperity of Amer- be supported by a coalition of parent groups, strengthening both the professional standards ica depend on education. it is truly encourag- disability groups, and school groups. In doing language and the funding formula in con- ing to know so many of these students, who so, they have continued the bipartisan spirit ference. in many cases are first generation Americans, that IDEA has always enjoyed. However, until these additional changes are are learning this lesson early. Because of their With that said, I must express my strong made, I must oppose H.R. 3268. success, the Chaldean community, Michigan disappointment with and opposition to the bill's f and the United States will all benefit. funding formula. Although the formula has I commend the graduating class of 1996 been modified to decrease disproportionate ANTONIO J. PALUMBO RECEIVES and encourage all the individuals involved to funding losses absorbed by States such as DEGREE FROM LAROCHE COLLEGE remain students for life. As our future leaders, New Jersey, I do not believe that it goes far I wish all the graduates continued success enough. While the changes to the funding for- HON. WILLIAM J. COYNE and urge my colleagues to do the same. mula represent progress, the formula itself will OF PENNSYLVANIA f continue a funding war between the States. IN THE HOUSE OF REPRESENTATIVES And, the victims will be the children. HONORING THE HENDERSONVILLE The issues affecting the special education Tuesday, June 11, 1996 VOLUNTEER RESCUE SQUAD Federal funding formula are extremely com- Mr. COYNE. Mr. Speaker, I rise today to plicated and State-specific. For example, there pay tribute to Mr. Antonio J. Palumbo, a gen- HON. BART GORDON is disagreement among special education ex- tleman from western Pennsylvania who re- OF TENNESSEE perts as to whether or not there is a correla- cently was awarded the Honorary Degree of IN THE HOUSE OF REPRESENTATIVES tion between poverty and disability incidence Doctor of Business Administration by the rate, which is why the administration's funding Board of Trustees of LaRoche College. Mr. Tuesday, June 11, 1996 formula for new money does not include a Palumbo in his 90 years of life has been a Mr. GORDON. Mr. Speaker, I am taking this poverty factor. A perfect example of this is successful entrepreneur, a generous philan- opportunity to applaud the invaluable services suburban Detroit which, although it is the thropist, and an important community leader. E1054 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 After beginning his career working in a coal THIRD-COUNTRY ARMS DELIV- state to cease deliveries of arms and mili- mine, Mr. Palumbo went on to become the ERIES TO BOSNIA AND CROATIA tary equipment originating from its terri- president, founder, and owner of a number of tory, and the United States met this impor- tant international obligation. Resolution 713 coal mining companies. He has served on the HON. LEE H. HAMILTON did not require the United States to stop Board of the Central Pennsylvania Coal Pro- OF INDIANA third-country arms shipments to Bosnia. An ducers Association. IN THE HOUSE OF REPRESENTATIVES enforcement mechanism was authorized in Mr. Palumbo has very generously shared November 1992 via NSC Resolution 787, which Tuesday, June 11, 1996 called on member states acting individually the rewards of his business success with oth- Mr. HAMILTON. Mr. Speaker, last month I or through regional arrangements to halt all ers. He has been a generous benefactor of a wrote to Secretary of State Christopher re- inward and outward maritime shipping in number of colleges and hospitals. questing the answers to several questions order to inspect cargos and certify destina- He has also shared his knowledge and ex- concerning recent press stories regarding tions. Under these resolutions, the United States placed a ban on U.S. arms sales to the perience with others. He has given of his time United States policy on arms deliveries to states of the former Yugoslavia and partici- by serving on a number of boards, including Bosnia and Croatia by third countries during pated in multilateral enforcement efforts the boards of the Boy Scouts of America and 1994 and 1995. both on sea (via NATO’s operation SHARP the municipal authority of St. Marys, PA. He Several committees of the Congress have GUARD) and on land (via multilateral mon- has also served as a trustee of the Three Riv- already held closed and open hearings on this itoring under the auspices of the Inter- ers Bank and Trust Co. of Pittsburgh and the issue, including the Committee on Inter- national Conference on the Former Yugo- slavia). Mayo Clinic. I am enclosing for the RECORD a national Relations on May 30. The House of resolution adopted by the Board of Trustees of Representatives has also voted to establish a After the Nunn-Mitchell legislation went into effect in November 1994 prohibiting the LaRoche College, which presents in greater special select subcommittee of the Committee on International Relations to investigate this use of appropriated funds for the purpose of detail the reasons for which the board con- issue. participation in, support for, or assistance to ferred this honorary degree on Mr. Palumbo. the enforcement of the arms embargo I received the answers posed in this letter in In short, Mr. Palumbo has been an out- against Bosnia and Herzegovina, the United two parts, one dated April 24 and the other States modified the rule under which its standing role modelÐone that young people May 20. I would like to insert copies of both forces in SHARP GUARD operated. For ex- today would do well to emulate. I want to con- letters in the RECORD in an effort to keep my ample, U.S. ships with SHARP GUARD no gratulate Antonio J. Palumbo on receiving the colleagues fully informed on the administra- longer diverted or delayed vessels that con- Honorary Degree of Doctor of Business Ad- tion's position on this issue. tained arms or other cargo for the purpose of ministration from LaRoche College, and I want U.S. DEPARTMENT OF STATE enforcing the arms embargo against Bosnia to wish him a happy 90th birthday. Washington, DC, April 24, 1996. and Herzegovina. Hon. LEE H. HAMILTON, The enactment of Nunn-Mitchell had little LAROCHE COLLEGE BOARD OF TRUSTEES COM- House of Representatives. impact on the enforcement of other aspects MEMORATES THE OUTSTANDING CONTRIBU- DEAR MR. HAMILTON: Thank you for your of the arms and economic embargo on other TIONS OF ANTONIO J. PALUMBO—MAY 11, 1996 letter of April 11 to Secretary Christopher parts of the former Yugoslavia. U.S. ships concerning third-country arms deliveries to ‘‘It is my pleasure to introduce our next with SHARP GUARD continued enforcing Bosnia and Croatia during 1994 and 1995. You other UN Security Council Resolutions, such honorary degree recipient, Antonio J. pose a number of detailed questions which Palumbo. Mr. Palumbo began his career as the economic embargo on Serbia and will take us some time to research. Mean- Montenegro, and tracked vessels containing working on his knees in the depths of a coal while, we welcome this opportunity to pro- arms for Bosnia even after maritime inspec- mine. He went on to become the owner of the vide you with an interim reply to some of tions had been concluded in order to ensure Nation’s largest privately held coal compa- the points you raise. that destination and cargo dispensation nies. Throughout his entire life, Mr. In the spring of 1994, the Administration claims had been met. The overall efficiency Palumbo has adhered to four qualities that had a difficult decision to make when ap- of the SHARP GUARD operation may have he believes are most important: hard work, proached by Croatia on the question of al- decreased somewhat after Nunn-Mitchell, loyalty, integrity, and generosity. He and his lowing third-country weapons to pass however, because of limitations on the shar- wife Janet have done many charitable deeds through Croatia to the Bosnian Muslims. If ing of information by U.S. ships with other throughout their lifetimes and have helped we had objected to potential arms shipments SHARP GUARD participants on whether car- many people—from assisting hospitals in from Iran, the Muslim-Croat Federation gos had been cleared because they were free caring for seriously ill children, to working might have been destroyed in its infancy and of prohibited items or because they con- with Boy Scouts, to negotiating wages with a bad situation for the Bosnians might have tained weapons bound only for Bosnia. the United Mine Workers Union. Mr. worsened. The approach we took—of neither Some in Congress have raised the question Palumbo serves as a role model for all people objecting to nor supporting the arms trans- of whether Ambassador Galbraith’s response of all ages.’’ fers—sought to balance our concern about the spread of Iranian influence against the to President Tudjman in 1994 that he had ‘‘no Whereas: Antonio J. Palumbo, a national adverse military situation facing the Fed- instructions’’ on whether the Croatian gov- leader of the coal industry, past president eral. In the process, we did our best to serve ernment should allow an arms shipment to and owner of Underhill Coal Mining Com- the cause of peace in Bosnia. The arms deliv- pass through its territory to Bosnia con- pany, which he founded in 1932, founder of eries helped sustain the Muslim-Croat Fed- stituted U.S. covert action. The answer is the New Shawmut Mining Company, and eration and reduced the military imbalance that it did not. Under the law, covert action owner of Kersey Mining Company, Shawmut without the certainly risks and pitfalls of is defined as ‘‘an activity or activities of the Mining Company, Shawmut Realty Com- the alternative courses of action. United States Government to influence po- pany, and Byrnedale Coal Company; and Many in the Congress urged at the time litical, economic, or military conditions abroad, while it is intended that the role of Whereas: Antonio J. Palumbo has dem- that the United States lift the arms embargo the United States Government will not be onstrated a lifelong commitment not only to unilaterally. The Administration opposed apparent or acknowledged publicly.’’ The business, but to people of all ages through this policy on a number of grounds. We definition does not include, among other his work as a board member of the Boy would have been put in the position of arm- things, traditional diplomatic activities. Scouts of America, a member of the munici- ing the Bosnians in the face of direct opposi- pal authority of St. Marys, PA, a member of tion from our own allies, triggering the big- The legislative history makes clear that the Board of the Central Pennsylvania Coal gest rift in NATO since its founding. In addi- the U.S. will not be deemed to be carrying Producers Association, a trustee of the tion, UNPROFOR would almost certain have out a covert action through third parties un- Three Rivers Bank and Trust Company of collapsed, in all likelihood requiring U.S. less the third parties are receiving direction Pittsburgh, a trustee of the Mayo Clinic; and troops to be called in to protect withdrawing and assistance from U.S. personnel directly UNPROFOR soldiers. And if the Serbs had involved in carrying out an activity that Whereas: Antonio J. Palumbo, a self-made gone on the offensive before the Bosnians otherwise meets the definition of covert ac- entrepreneur, is well-known as a very gener- were armed, a very real possibility, the Unit- tion. The legislative history also makes ous benefactor to hospitals and colleges, and ed States would have come under pressure to clear that the statutory definition of covert has served the community with wisdom and intervene to prevent a Bosnian military de- action does not include within its scope re- honesty; and, having achieved these things feat. quests to third countries to conduct covert to an extraordinary degree, it is unani- Unilateral lift would also have required the action. In 1991, President Bush vetoed legis- mously Resolved That the Board of Trustees United States to violate binding UNSC reso- lation that would have included such re- of LaRoche College confer upon Antonio J. lutions. UN Security Council Resolution 713, quests within the definition of covert action. Palumbo the Honorary Degree of Doctor of adopted in 1991 with the previous Adminis- The legislation was subsequently enacted Business Administration. tration’s firm support, required each member without this language. June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1055 Thank you again for writing. We hope this were not required by those resolutions. The fluence in Bosnia to its lowest levels in information is helpful to you. We are work- overall focus of our sanctions enforcement years. ing to gather the other information you have effort was on maintaining economic sanc- The April 1994 decision had no discernable requested and will provide it via a separate tions against Serbia-Montenegro through op- impact on U.S. efforts to gain international letter shortly. Meanwhile, please do not hesi- eration SHARP GUARD, through monitoring support for the use of economic pressure to tate to contact me directly if we can be of and enforcement efforts along Serbia’s bor- alter Iran’s objectionable behavior, including other assistance. ders, and through active diplomatic efforts its support for terrorism and pursuit of Sincerely, with front-line states and other potential weapons of mass destruction. Prior to 1994, BARBARA LARKIN, sanctions violators. our Allies had generally been unresponsive Acting Assistant Secretary, In part as a consequence of the arms em- to our requests that they not provide Iran Legislative Affairs. bargo, by early 1994 the parts of Bosnia re- with economic benefits such as new official maining in government hands were in danger credits and loan guarantees. In the past U.S. DEPARTMENT OF STATE, of collapse: Sarejevo was surrounded, year, however, following the President’s de- Washington, DC, May 20, 1996. Gorazde was under siege, the other eastern cision to impose a trade and investment em- Hon. Lee H. Hamilton, enclaves were highly vulnerable, and water, bargo against Iran, most European countries House of Representatives. electricity, and humanitarian aid deliveries have substantially reduced the pace and vol- DEAR MR. HAMILTON: I am writing to follow were threatened. ume of economic activity with Iran. We con- up on my letter of April 24, in which we pro- The political and military dynamic in tinue to urge European governments to join vided an interim reply to some of the issues Bosnia changed in March 1994. In that our efforts to pressure Iran economically. raised in your April 11 letter to Secretary month, as a result of active U.S. mediation Based on our ongoing consultations, includ- Christopher on third-country arms deliveries by our Special Envoy, Ambassador Charles ing the April 19 meeting in Rome of the U.S.- to Bosnia and Croatia in 1994 and 1995. As Redman, the leaders of Bosnia, Croatia, and EU-Canada Working Group on Iran, we have you will recall, our earlier letter focused on the Bosnian Croat community signed agree- concluded that the April 1994 decision has U.S. legal obligations under various UN Se- ments ending their military conflict and set- not significantly affected our Iran diplo- curity Council Resolutions, sanctions en- ting up a bi-communal Federation between macy. forcement efforts, as well as whether U.S. Bonsia’s Muslims and ethnic Croats. The Did the United States have discussions re- policies at the time constituted covert ac- newly born Federation immediately received garding these deliveries only with the Cro- tion. We welcome this opportunity to answer strong U.S. diplomatic support, and deserv- atian and Bosnian authorities, or did the your remaining questions on what motivated edly so; its founding principles reflected plu- United States also have discussions directly the 1994 U.S. decision to take no position in ralistic Western values and the cease-fire it with third countries supplying or financing response to the Croatian Government’s re- engendered helped free up government forces these arms deliveries? quest for our views on its serving as the to defend their country against the Serbs The United States had no communications channel for third-country arms shipments to and, over time, altered the military balance. with Iran regarding arms for Bosnia, nor are Bosnia. When President Tudjman of Croatia ap- we aware of any occasion on which U.S. offi- The following are our responses to your re- proached Ambassador Galbraith in Zagreb in cials, in any discussions with other coun- maining questions: April 1994 to elicit U.S. views on allowing tries, requested them to transfer arms to Did the United States during 1994 make a third-country arms shipments to Bosnia via Bosnia or Croatia. decision to change policy on enforcing the Croatia, we determined that a negative re- What countries besides Iran were involved embargo and on the delivery of arms to sponse could have led to the collapse of the in the financing and delivery of arms to Bosnia by third parties through Croatia? Federation and a new deterioration of the Bosnia? Were Malaysia, Pakistan, Saudi Ara- If there was such a change of policy, what Bosnian Government’s military position. In- bia, or Egypt involved? was it? Was the decision to change policy on stead, we decided that the best course was We have provided classified documents such deliveries a decision not to object to neither to object to nor approve of arms which address this question to the Senate In- such deliveries, to acquiesce in the deliv- transfers to Bosnia through Croatia. This telligence Committee and we will provide eries, or to support the deliveries? was consistent with our practice in the pre- these same materials to appropriate Con- Was such a policy consistent with U.S. pol- ceding months not to take active steps to gressional committees that request them. icy since September 1991 to enforce the arms prevent third-country arms shipments. At If there was a change of policy, why was embargo? the same time, we did not believe it would there a change of policy, and who was in- The Bush Administration voted for UN Se- have been appropriate to endorse actions formed of it? Was Congress informed, were curity Council Resolution 713 in September contrary to UN Security Council resolutions. Allies informed, and were all appropriate of- 1991 and later resolutions imposing an arms Thus we told Ambassador Galbraith to state ficials of the United States informed about a embargo on all the states of the former that he had ‘‘no instructions’’ on the matter. change in policy that affected stated, public Yugoslavia. The hope was that containing Our decision eventually bore fruit. By sus- policy? If not, why not? the flow of arms into the region could reduce taining the Federation and eroding the In order to succeed, the thrust of our diplo- the level of violence and prevent the expan- Serbs’ military advantage, it paved the way matic activity both before and after April sion of war from Croatia to Bosnia. Thus, the for the American diplomacy, backed by 1994—adhering to our obligations under UN Bush Administration’s policy was to abide NATO air power, that produced the peace resolutions, maintaining the cohesion of the by the embargo and to support its enforce- agreement at Dayton. Our decision allowed Western Alliance, while not taking action to ment, including on some occasions making us both to observe our legal obligations prevent the Bosnians from receiving weap- diplomatic representations to other coun- under UN Security Council Resolution 713 ons—required great discretion. That is why tries when violations became known. and to promote the achievement of peace. the Administration kept the April 1994 dis- By the time the Clinton Administration How did the Administration assess the im- cussions with the Croatian government took office, it was clear that the arms em- plications of such a policy change on inter- closely held within its own ranks. bargo had not only failed to prevent the national adherence to UN Security Council It should be noted, however, that the Con- spread of the war to Bosnia, but also frozen Resolution 713 and U.S. efforts to get friends gressional leadership and relevant commit- the Bosnian Government into a militarily in- and allies to stop trade, economic dealings, tees were made aware of the existence of Ira- ferior position (since Serbia and rebel Serb and investment ties with Iran? nian arms shipments both from Administra- forces in Bosnia and Croatia had retained the Iran’s entry into the Bosnian conflict oc- tion-provided intelligence briefings and press bulk of the armaments of the former Yugo- curred long before the April 1994 decision. reports. Furthermore, the U.S. decision not slav National Army). Therefore, from the Iranian efforts to gain influence in Bosnia to object to such shipments was not incon- time it entered office, this Administration date back to the 1980s. They gained momen- sistent with the will of Congress as expressed sought to secure a multilateral lift of the tum in 1991–92, in the early stages of the war, in a June 1994 vote in the House of Rep- arms embargo against Bosnia as a means of when the international community proved resentatives to lift the arms embargo unilat- increasing pressure on the Serbs to accept a unable to confront Serb aggression. During erally. In October 1994, the full Congress political settlement. this period, despite the UN arms embargo, voted to cut off funds for U.S. enforcement of Although it remained Administration pol- Iran established itself as Bosnia’s principal the arms embargo. No exception for Iranian icy to abide by the arms embargo, it was not arms supplier and dispatched hundreds of arms was contained in the legislation, nor our policy in 1993 and 1994 to take active Revolutionary Guard and other personnel to was any such exception proposed during the steps—either military or diplomatic—to en- assist in training Bosnian Government debate. force the arms embargo with respect to mili- forces. Iranian military aid was part of a I trust this information will be helpful to tary shipments to Bosnia by third countries. multi-pronged campaign of support that also you. The Administration is cooperating fully Our efforts to enforce the arms embargo included intelligence cooperation along with with the current Congressional investiga- were confined to participation in NATO’s op- economic and humanitarian assistance. We tions and welcomes opportunities like this eration SHARP GUARD in the Adriatic Sea have no evidence that Iran’s presence in one to explain its policy decisions. Secretary (with support from operation DENY Bosnia increased significantly after April Christopher and I value greatly the close co- FLIGHT). While UN Security Council resolu- 1994. It is also worth noting that, through operation on Bosnia policy that we have en- tions called upon states to take enforcement the Dayton Accords and subsequent diplo- joyed with you and your staff over the last actions against third countries, such actions macy, we have reduced Iranian military in- three-plus years and we look forward to a E1056 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 continuing productive relationship in this being constructed. She became board presi- triot but a fool. I left the Army very de- regard. dent in 1987 and in 1993 the board invited her pressed.’’ Sincerely, to become the executive director of Casa On returning home to Georgia, Davis BARBARA LARKIN, Otonal. turned briefly to alcohol. But in 1946 he got Acting Assistant Secretary, two lucky breaks: He landed a part in a Legislative Affairs. I am delighted to be able to offer my con- gratulations to all those involved with Casa Broadway play, and he met his future wife, f the actress Ruby Dee. They have been mar- Otonal and Casa Linda on the 20th anniver- ried for 47 years. Davis went on to distin- IN HONOR OF CASA OTONAL ON sary. Both organizations are vital to the His- guish himself not only as an actor but also ITS 20TH ANNIVERSARY panic community and foster a sense of family, as a producer, writer and director. Recently, history, culture, and tradition. The work of he appeared in The Client and Grumpy Old HON. ROSA L. DeLAURO Casa Otonal and Casa Linda make the city of Men. OF CONNECTICUT New Haven a richer, better place to live. Through the years, Davis’ anti-war senti- IN THE HOUSE OF REPRESENTATIVES f ments remained strong. Why, then, did he agree to be the host of these concerts? ‘‘I re- Tuesday, June 11, 1996 A TRIBUTE TO OSSIE DAVIS AND alized that no matter what I thought of war, Ms. DELAURO. Mr. Speaker, on Tuesday, THE FOURTH ANNUAL NATIONAL we should pay tribute to those both living June 11, 1996, Casa Otonal will celebrate its MEMORIAL DAY CONCERT and dead who sacrificed,’’ he explained. 20th anniversary by honoring four of its found- ‘‘The military also has made significant ers. It is with great pleasure that I rise today HON. CHARLES B. RANGEL strides,’’ he went on. ‘‘Colin Powell who will speak at the concert was no accident—he OF NEW YORK to salute Casa Otonal and congratulate all was an affirmation of what has changed. One those who have made this amazing organiza- IN THE HOUSE OF REPRESENTATIVES of the things I’m proudest of about America tion possible. Tuesday, June 11, 1996 is that once she got into it, she came up with The original mission of Casa Otonal was to Mr. RANGEL. Mr. Speaker I rise today to a color-blind Army.’’ offer inner city youth an alternative to the Davis also believes that the ignobility to streets by providing educational and other ac- recognize one of our Nation's most celebrated and talented actors, writers, and directors and warfare shouldn’t lessen the tribute we pay tivities. It has since expanded its mission and to those who served. ‘‘They gave what Lin- now provides a very successful senior center, a true friend of mine, Ossie Davis who re- coln called ‘‘the last full measure of devo- a housing complex and a community center, cently hosted the fourth annual National Me- tion,’’ he said. ‘‘They did what was required Casa Linda. morial Day Concert on the West Lawn of the to defend something greater than they Casa Otonal begun in 1974 at St. John the Capitol in Washington, DC. were.’’ Evangelist Church. While still in the space at Mr. Davis, a veteran who was a surgical St. John's, Casa Otonal was designated a technician in North Africa during World War II f senior center and a nutrition center. This for years avoided Memorial Day celebrations. This year's event televised on PBS marked a HONORING THE JACKSON COUNTY began Casa Otonal's mission of enabling sen- RESCUE SQUAD ior citizens, particularly Hispanics, to maintain significant transformation in his life. As a veteran of the Korean War and ardent cultural ties and personal dignity and to re- supporter of our Nation's veterans I want to main self-sufficient. The Casa Otonal program acknowledge the contributions made by the HON. BART GORDON continued to expand and identified one of the veterans of this Nation and I can think of no OF TENNESSEE most important needs of the elderly, housing. one more qualified to host the fourth annual In July 1986, an elderly housing complex with IN THE HOUSE OF REPRESENTATIVES National Memorial Day concert than the in- 105 units was completed. The result of this comparable Ossie Davis. Tuesday, June 11, 1996 expansion is two distinct projects, the senior For the edification of my colleagues in the Mr. GORDON. Mr. Speaker, I am taking this center and residential facility. The senior cen- House, I would like to share the article written opportunity to applaud the invaluable services ter provides social and recreational activities, by James Zumwalt in Parade Magazine on provided by the Jackson County Rescue the nutrition program and continues to reach May 26, 1996 titled ``We Should Pay Tribute.'' out to all the elderly in the city of New Haven. Squad. These brave, civic-minded people give [From Parade Magazine, May 26, 1996] Other programs for seniors include adult edu- freely of their time so that should disaster WE SHOULD PAY TRIBUTE cation, health services, transportation, cultural strike, we know that our friends and neighbors programs, and workshops. (By James Zumwalt) are there to help. Tonight at 8 p.m. EDT, Ossie Davis will be The Casa Linda community center offers a Few realize the depth of training and hard unique opportunity for the elderly and young the host for the fourth year of the National Memorial Day Concert, held on the West work that goes into being a member of the people to interact and enjoy and learn from Lawn of the Capitol in Washington, D.C. rescue squad. Rescue squad members under- each other. Casa Linda opened in 1992 with The PBS telecast (check local TV listings) go a training series over a 4- to 6-month pe- the philosophy that the elderly could teach will include performances by the National riod which includes instruction in children past values, skills, and traditions. The Symphony Orchestra, as well as dramatic Cardiopulmonary Resuscitation [CPR], vehicle center has been incredibly successful in en- readings and archival footage from various extrication, emergency driving, and rescue ori- wars in American history. A special segment couraging this coming together of the genera- entation. In addition to this training, rescue tions. will be dedicated to the women who worked statewide in World War II. And tributes will squad members also meet monthly to address I am so pleased to join Casa Otonal in hon- be made to Desert Storm veterans and to business concerns as well as hear guest oring its founders. Linda Kantor and Jim Vlock American soldiers now serving in Bosnia. speakers. were instrumental in obtaining the Housing Davis, now 78, served as a surgical techni- Rescue squad members are volunteers. and Urban Development grant for Casa Otonal cian in North Africa in World War II. Yet, They receive no pay for what they do. What and saw the project through to its completion. until a few years ago, he had never partici- also makes their services especially outstand- Linda, in particular, has put her heart and pated in any Memorial Day celebrations. ‘‘I ing is that the organizations themselves re- soul, and a great deal of time and energy into did not want to get involved in anything ceive no funding. They receive no funding Casa Otonal and Casa Linda. Using her own that glorified war,’’ he told me. While in Africa, Davis witnessed not only from the city, the county, or the Federal Gov- money and some private contributions, Linda the horrors of battle, he said, but also pro- ernment. purchased the property across from Casa nounced racism among fellow American Otonal for the construction of Casa Linda. She troops. He recalled watching a white soldier Rescue squads are funded in the same spir- renovated the building with the help of volun- choose to die rather than accept care from it of community volunteerism which moves teers. the only medics available, because they were them to serve. Family, friends, and neighbors Casa Otonal is also honoring cofounder Jo- black. And he watched troop trains in Afri- pitch in at bake sales, road blocks, and fish seph Odell and Patricia McCann Vissepo. Jo- ca—returning U.S. servicemen home after frys to help those who sacrifice their time for seph, who spent 18 years working in urban the war—in which blacks were segregated the benefit of the whole community. while whites shared cars with German pris- ministry, was vital to the conception of the oners who, he said, were granted more dig- Committing such an amount of spare time idea of a residential housing complex for His- nity than the African-American troops. and energy to a job so emotionally and phys- panic elderly. Patricia joined the board of ‘‘I felt betrayed,’’ Davis recalled. I had ically taxing requires a sense of devotion and Casa Otonal in 1984 as the complex was come to feel that I had been not only a pa- duty for which we are all grateful. June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1057 HONORING MARY JEAN O’REILLY taught children with special needs throughout Lonesome Farm, in memory of his grandfather MILLER, MAHTOMEDI’S 1995 her career. As she looks back on her own Lachlan Stewart, for the development of an TEACHER OF THE YEAR, ON HER achievements, it is this contribution above all airport. It is truly remarkable that in these early RETIREMENT others that stands our as most meaningful. years of aviation, Mr. Stewart had the vision to The Mahtomedi School District honored her foresee the need for an airport in Orange HON. CHRISTOPHER COX as Teacher of the Year in 1995, and again as County. But even he could not have predicted OF CALIFORNIA Teacher of Distinction in 1996. Last year, she the impact that Stewart Airport has had over IN THE HOUSE OF REPRESENTATIVES was among only 10 honorees selected state- the years. Prior to World War II, partly through wide as finalists for the Minnesota Teacher of Mr. Stewart's own efforts, the U.S. Military Tuesday, June 11, 1996 the Year. Today, it is appropriate that we rec- Academy established Stewart Field for the Mr. COX of California. Mr. Speaker, the ognize her here, in the U.S. Congress, for her flight training of West Point Cadets. The air- people of Minnesota have on several occa- lifetime of achievement for our country. port served as the first wings of West Point to sions recognized the enormous contributions Many of us who are not teachers by profes- serve cadets, and was later expanded for of Mary Jean O'Reilly Miller to the education sion understand, nonetheless, the responsibil- Army Air Corps operations and subsequently and cultural betterment of that State, and it is ities that teaching entails, because we are as a major U.S. Air Force Base. It served as appropriate that the U.S. Congress now do so spouses and parents. The same individual an important airfield during World War II for as well. This week, after 43 years as a teach- care and concern that we hope a good teach- the defense of the Eastern sector of the Unit- er, Mary Miller will retire from a distinguished er will show for our children is the measure of ed States. career that will shine as an enduring model for our success at home as mothers and fathers, After the Air Force base was closed in years to come. husbands and wives. Not surprisingly, Mary 1970, Stewart Airport converted to commercial Perhaps it is true that teachers are made, Miller's four uninterrupted decades of commit- use. Today, Stewart International Airport offers not born, but Mary Jean O'Reilly came from a ment and success as a teacher are matched service to eight airlines, carrying over 800,000 family of educators. Her grandfather served on by her steadfast devotion as mother and wife. travelers in and out of Stewart each year. It is the school board. Her aunt and uncle were Later this year, she and her husband, Fred- rapidly becoming the fourth major airport for teachers. Her brothers, sisters, nephews, and erick P. ``Bud'' Miller, will celebrate their 40th the New York metropolitan area. Mr. Stewart and his wife Mary, who have nieces are teachers and school administrators. wedding anniversary. been married for 72 years, have spent their As a child in Goodhue, MN, she grew up play- Mary and Bud have raised three grown lives and raised their family in the Newburgh ing teacher in a make-believe school with her sons, Michael, Patrick, and KevinÐwho area. Today at 94 years of age, Mr. Stewart's playmates, and she has dedicated her life to served with distinction in Operation Desert StormÐand are now deservingly proud grand- presence remains an inspiration to his com- that passion ever since. munity. Recently, the members of the Stewart Mary's own education reflects a lifelong parents. As she retires from the responsibil- Airport Commission declared May 28, 1996, commitment to scholarship and the improve- ities of teaching that she loves so well, can as ``Archie Stewart Day'' at Stewart Inter- ment of her professional skills. She is thor- anyone doubt that Mary will redouble her de- votions and attentions to these young chil- national Airport. oughly a product of Minnesota schools, and I was pleased and proud to have personally drenÐor that they will not inherit her love of an alumna in whom all of her graduating insti- participated in this ceremony, at which I stat- tutions now take especial pride. Following her learning? ed: In this way, and in her exploration of the graduation from Goodhue High School, she Mr. Stewart and his family made a deci- earned advanced degrees at no fewer than many new frontiers that now await her, Mary sion over sixty years ago which has impacted three institutions of higher learning: Winona Miller will continue to improve the lives of ev- the lives of countless Americans by provid- State College, the University of Minnesota, eryone around her. Her retirement from teach- ing the land which became Stewart Airport, and St. Thomas CollegeÐwhich awarded her ing, like a graduation ceremony, is more accu- and then Stewart Air Force Base, and finally a master of arts in education. But her edu- rately called a commencement: It is the begin- Stewart International Airport. Archie and his family helped make eastern Orange cation did not stop there, and it has never ning of a new chapter in a most remarkable life. County a hub of the Northeast. None of us stopped to this day. She has pursued continu- will ever know how many lives were saved by ing studies at the University of Minnesota, St. Plato observed that ``the direction in which the Stewart family providing the land for Thomas, Mankato State College, Southwest education starts a man will determine his fu- the airport which provided the training for State College, and Hamline University. Among ture life.'' Mr. Speaker, Mary Miller has been our cadets at West Point prior to and during her many other professional qualifications, she a positive influence not only in the lives of her WWII. No one will ever know how many lives family and friends, but of thousands of boys were impacted by the young men and women holds a lifetime certificate in elementary edu- coming to the area during the war to serve cation. and girls, men and women, whose lives she has turned in a positive direction by her en- at Stewart, and then staying and settling in Teaching is a delicate art. Far more than the region, serving their communities and knowledge, it requires understandingÐand ergy and effort. For her contributions to her contributing to the betterment of the Hud- above all, understanding of people, their con- native Minnesota and to our Nation, I know son Valley. No one can measure the benefit cerns, their lives, and their community. Mary that all of my colleagues will wish to join me that the hundreds of commercial flights have Miller took her first teaching position almost in extending the congratulations and best had on Americans in recent years. half a century ago in the town of Mahtomedi. wishes of the House of Representatives to Mr. Speaker, history is full of dynamic peo- In 1996, she was a teacher there still, 43 Mary Jean O'Reilly Miller on the occasion of ple who helped make a difference, but histo- years after that first commitment. No one bet- her retirement. rians will tell us that our lives are shaped just ter understands and cares for her community, f as much by those individuals who do not nec- her neighbors, and her students than Mary. essarily appear in the pages of history books. A TRIBUTE TO THOMAS ‘‘ARCHIE’’ This is why I am pleased to take this oppor- Whether leading school activities or student STEWART bus tours, contributing her time to community tunity to formally recognize Mr. Stewart, projects, or helping a local family in time of whose efforts through the years have posi- need, Mary has shown by her living example HON. BENJAMIN A. GILMAN tively affected so many. Mr. Speaker, Thomas that we all need teachers, and that education OF NEW YORK ``Archie'' Stewart has dedicated his life and does not end but rather begins at the school- IN THE HOUSE OF REPRESENTATIVES land to serving his community and I ask that house walls. Three generations of Minneso- Tuesday, June 11, 1996 his efforts not be forgotten. tans have grown and prospered with her help. Mr. GILMAN. Mr. Speaker, It gives me great f Many of former students, now adults, still pleasure to honor Mr. Thomas Stewart, affec- HONORING THE LAVERGNE come to her classroom to see her. It would be tionately known as ``Archie.'' I wish to extend RESCUE SQUAD difficult to write Mahtomedi's history and that this recognition to Mr. Stewart, for his invalu- of its citizens in the four decades since World able contribution to New York's 20th Congres- HON. BART GORDON War II without in the process taking full stock sional District, and the greater Hudson Valley. OF TENNESSEE of her significant contributions. It was through Mr. Stewart's leadership, vision, IN THE HOUSE OF REPRESENTATIVES Long before Federal and State laws made and generosity, that Stewart Airport, in New- provision for special education, Mary Miller burgh, NY, was built. Tuesday, June 11, 1996 was a leader in the field. She earned profes- In 1930, Mr. Stewart and his family donated Mr. GORDON. Mr. Speaker, I am taking this sional degrees in special education, and has a 220-acre parcel of land known as Stony opportunity to applaud the invaluable services E1058 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 provided by the La Vergne Rescue Squad. Moreover, in the past few days, both ess of privatisation of the state enterprises, These brave, civic-minded people give freely Houses of the Romanian Parliament passed contributes to the emergence of new mutu- of their time so that should disaster strike, we resolutions endorsing the establishment of ally beneficial business. At present, the firm resolve to develop know that our friends and neighbors are there permanent MFN status between our two coun- close cooperation, partnership and alliance to help. tries. A statement on the resolution that was with the United States and, in connection to Few realize the depth of training and hard passed by the Chamber of Deputies follows: this, the belief that Romania is entitled to work that goes into being a member of the STATEMENT OF THE CHAMBER OF DEPUTIES benefit of MFN permanent status are fully rescue squad. Rescue squad members under- (By Adrian Nastase, President) shared by the leading political parties and go a training series over a four- to six-month The members of the Chamber of Deputies the Romanian people. period which includes instruction in have been pleased to note that bills to au- Under these circumstances, the view that Cardiopulmonary Resuscitation [CPR], vehicle thorize the extension of nondiscriminatory granting MFN permanent status would influ- extrication, emergency driving, and rescue ori- (Most Favored Nation) treatment to the ence the national election in Romania is not products originating in Romania were intro- in accordance with our perception on this entation. In addition to this training, rescue issue. squad members also meet monthly to address duced in the United States Congress on March 26, 1996 (S. 1644 and H.R. 3161). They The members of the Romanian Chamber of business concerns as well as hear guest Deputies have reaffirmed the political will of speakers. appreciate that this initiative is of utmost importance for the development of the Ro- the parties represented in the Parliament to Rescue squad members are volunteers. manian-American relationship and support further develop the democracy and market They receive no pay for what they do. What the reform process and transition to market economy and to ensure that this year elec- also makes their service especially outstand- economy. tions are free and fair. They urge the mem- ing is that the organizations themselves re- Taking into account the significance of bers of the United States Congress to con- ceive no funding. They receive no funding this major action for the bilateral Roma- tinue and to conclude the procedures aiming nian-American relationship, the members of at granting the Most Favored Nation status from the city, the county, or the Federal Gov- to Romania, as soon as possible. The perma- ernment. the Chamber of Deputies of Romania reaf- firm that, after the December 1989 Revolu- nent extension of MFN is in Romania’s na- Rescue squads are funded in the same spir- tional interest and it is granted to Romania it of community volunteerism which moves tion, the majority of the main political par- ties, whether represented or not in the Par- and not to any political party. them to serve. Family, friends, and neighbors liament, have unequivocally favored a The Romanian Chamber of Deputies con- pitch in at bake sales, road blocks, and fish speedy integration of Romania into the siders that granting permanent Most Fa- frys to help those who sacrifice their time for Euro-Atlantic economic, political and secu- vored Nation status now would better serve the benefit of the whole community. rity structures, particularly NATO and the the interests of the Romanian society, the Committing such an amount of spare time EU. political stability in the country as well as and energy to a job so emotionally and phys- With a view to reaching this objective, the the strengthening of the bilateral relation- leadership of the main Romanian parties ship with the United States. ically taxing requires a sense of devotion and The members of the Romanian Chamber of duty for which we are all grateful. agreed and reiterated, on various occasions, the basic orientation and the main direc- Deputies take their opportunity to convey to f tions of the Romanian foreign policy, to be the U.S. Congressmen the best wishes for promoted, in a consistent manner, by the success in their endeavors. EXTENDING PERMANENT MFN This Statement has been approved by the STATUS TO ROMANIA Government. The development of a privi- leged partnership and alliance with the Unit- Chamber of Deputies at its session of May 23, ed States of America remains one of the es- 1996. HON. AMO HOUGHTON sential directions of the foreign policy of Ro- Mr. Speaker, I hope all of my colleagues OF NEW YORK mania which enjoy the consensus of the ma- will support the effort to grant permanent MFN IN THE HOUSE OF REPRESENTATIVES jority of the Romanian political parties. status to Romania. Tuesday, June 11, 1996 The consensus of the main parties rep- resented in the Romanian Chamber of Depu- f Mr. HOUGHTON. Mr. Speaker, I rise in ties with respect to this priority of the en- OUTSTANDING SCIENCE EDU- strong support of H.R. 3161, a bill to grant tire foreign policy of Romania was elo- CATION IS ALIVE AND WELL IN permanent most favored nation [MFN] status quently expressed in the statements made by MIKE MINNEMA’S CLASSROOM to Romania. the leaders of the aforementioned parties in I have to believe that Romania certainly 1993, when Romania was conditionally grant- meets the test for permanent MFN status. The ed the Most Favored Nations status by the HON. BRUCE F. VENTO United States. administration has certified Romania on sev- The evolution recorded in the commercial OF MINNESOTA eral occasions as meeting the freedom of emi- Romanian-American exchanges in the two IN THE HOUSE OF REPRESENTATIVES gration requirements under the Jackson-Vanik years and a half elapsed since the re-exten- Tuesday, June 11, 1996 law. sion of the MFN status have fully confirmed From what I understand, Romania has also the soundness of this measure. In 1994 and Mr. VENTO. Mr. Speaker, I rise today to fully implemented its obligations under its bilat- 1995 Romania’s exports to the United States honor a fellow Minnesotan, and a friend, who eral commercial agreements and is a founding reached an annual level close to $200 m., was recently awarded the Presidential Award member of the World Trade Organization nearly 2.8 times higher than the level re- for Excellence in Science Teaching, Mike [WTO]. In fact, Romania is the only United corded in 1993, while the amount of the im- Minnema. ports of American commodities increased Mike teaches chemistry at North Community States trading partner that is a member of the from $373 m. to $465 m. in 1994. In 1995, the WTO but still receiving conditional MFN status amount of imports from the United States High School, which is part of the Minneapolis from the United States. was $392 m. School System, where I once taught science By not granting permanent MFN to Roma- The re-extension of the Most Favored Na- myself. I had the pleasure of working with nia, we really injure Romania and ourselves. tions status has stimulated the American in- Mike during those years in a special setting, a Failure to act on this measure would deny vestment in Romania, reaching at present Minnesota camp attended by young adults United States firms their full rights under exist- $144.5 m., as compared to only $72 m. in 1993. from the Minneapolis area. It was a summer ing multilateral trade agreements, and would Granting permanent MFN status will pro- long task for Mike but just a couple weeks as- vide significant incentive for US companies signment for me; however, it was an experi- pose a continuing obstacle to the further de- to increase their investment in Romania and velopment of Romania's economy and demo- make the United States the largest trading ence and relationship that was truly the es- cratic institutions. partner of Romania. sence of teaching life sciences. In some re- This measure has been endorsed by a bi- The members of the Romanian Chamber of spects, I feel very much connected to the role partisan group of House Members and has Deputies appreciate the fact that the United of teaching. Even though the responsibilities been vigorously supported by the administra- States ranks among the most important in- and role in a policymaking task are different, tion. In response to a request for public com- vestors in Romania, along with Germany, it is simply a different focus on the same chal- ments by the House Ways and Means Com- South Korea and Italy. lenge. The significant increase in the Romanian- mittee, over 38 firms, associations, ethnic American commercial exchanges and in the Presidential Awards are given to outstand- groups, and individualsÐincluding several American investment will support the ad- ing educators in the fields of science and former United States Ambassadors to Roma- vancement of the economic activities in Ro- mathematics, and they represent the Nation's niaÐrecommended swift passage of H.R. mania, will encourage the transition to mar- highest honor in these fields of education. 3161. ket economy and the speeding up of the proc- Only one secondary school science teacher in June 11, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1059 Minnesota is recognized each year, and I am go a training series over a four to six month I salute him for the commitment he brings to, glad to know that Mike Minnema's dedication period which includes instruction in and the contributions he has made to our to science and his students is being rewarded Cardiopulmonary Resuscitation [CPR], vehicle community. Narsai David is a great source of with such an honor. extrication, emergency driving, and rescue ori- pride to the Assyrian-American community. I In a time when people routinely refer to our entation. In addition to this training, rescue ask my colleagues to join me in saluting Mr. Nation's pubic schools as uninventive, poor squad members also meet monthly to address David as he is honored with the Anti-Defama- quality institutions, Mike demonstrates the business concerns as well as hear guest tion League's Restaurant Industry Achieve- error in these descriptions and makes science speakers. ment Award. He has promoted not only our something for students not just to study, but to Rescue squad members are volunteers. foods but our culture as well. explore. His classes go beyond chemistry text- They receive no pay for what they do. What f books and laboratory exercises to include real also makes their services especially outstand- world subjects such as humanity's affect on ing is that the organizations themselves re- HONORING THE OVERTON COUNTY the environment. As a policymaker who has ceive no funding. They receive no funding RESCUE SQUAD had the privilege of crafting numerous laws from the city, the county, or the Federal Gov- protecting our Nation's environmental heritage, ernment. HON. BART GORDON I am glad to know that mike is teaching young Rescue squads are funded in the same spir- OF TENNESSEE Minnesotans the importance of protecting our it of community volunteerism which moves IN THE HOUSE OF REPRESENTATIVES Nation's natural resource legacy for future them to serve. Family, friends, and neighbors Tuesday, June 11, 1996 generations. His classes also reach beyond pitch in at bake sales, road blocks, and fish the science of chemistry, interweaving mathe- frys to help those who sacrifice their time for Mr. GORDON. Mr. Speaker, I am taking this matics and technology into lesson plans, the benefit of the whole community. opportunity to applaud the invaluable services which allow students to connect what they Committing such an amount of spare time provided by the Overton County Rescue learn in his classroom to their other edu- and energy to a job so emotionally and phys- Squad. These brave, civic-minded people give cational disciplines and the outside world. ically taxing requires a sense of devotion and freely of their time so that should disaster Mike's experience outside of his teaching duty for which we are all grateful. strike, we know that our friends and neighbors career enhance his lesson plans as well. He f are there to help. brings his students a view of the practical Few realize the depth of training and hard uses for chemical science, and this insight, TRIBUTE TO NARSAI M. DAVID work that goes into being a member of the hopefully, encourages other students to ex- rescue squad. Rescue squad members under- plore careers in scientific fields. Mike has HON. ANNA G. ESHOO go a training series over a 4 to 6 month period worked in both the private and public sectors, OF CALIFORNIA which includes instruction in Cardiopulmonary utilizing his own science education back- IN THE HOUSE OF REPRESENTATIVES Resuscitation [CPR], vehicle extrication, emer- gency driving, and rescue orientation. In addi- ground to benefit organizations from 3M and Tuesday, June 11, 1996 Honeywell to the Los Alamos National Labora- tion to this training, rescue squad members tories. Mike has focused a teaching lesson for Ms. ESHOO. Mr. Speaker, I rise today to also meet monthly to address business con- his students on measurement of pollution in honor Narsai M. David who is being honored cerns as well as hear guest speakers. Minnesota lakes, specifically the fluctuation of by the Anti-Defamation League with its Res- Rescue squad members are volunteers. salt levels and how the environmental deg- taurant Industry Achievement Award for his They receive no pay for what they do. What radation is affecting the species and outstanding accomplishments and service to also makes their service especially outstand- ecosystems of those special wetland areas. the bay area community. ing is that the organizations themselves re- As the world increasingly relies on science Narsai David brings people together and ceive no funding. They receive no funding and technology, ensuring future generations creates an understanding of cultural diversity from the city, the county, or the Federal Gov- understand science and training some for sci- through his exquisite culinary practices. Born ernment. entific careers will become an even more im- to Assyrian immigrants, Narsai David ventured Rescue squads are funded in the same spir- portant endeavor. Educators such as Mike into a culinary career early in life, eventually it of community volunteerism which moves Minnema play an essential role in our Nation's working his way to the bay area in California them to serve. Family, friends, and neighbors ability to not only graduate adequately pre- where he became known as one of the bay pitch in at bake sales, road blocks, and fish pared scientists from our schools, but to at- area's leading restaurateurs. Narsai David has frys to help those who sacrifice their time for tract students to scientific fields and generally catered several large scale outdoor dining the benefit of the whole community. enhance science literacy. I want to express events including concerts for Bill Graham and Committing such an amount of spare time my sincere congratulations and thanks to Mike the Napa Valley Wine Auction. Currently, his and energy to a job so emotionally and phys- for his efforts to inspire young minds to ex- time is divided between travel and food seg- ically taxing requires a sense of devotion and plore science and respect the environment ments for KTVU television, the management duty for which we are all grateful. and for his dedication to protecting the natural of Narsai's Specialty Food Business, and as f resource legacy that those young minds will wine and food editor of KCBS Radio. Further- TRIBUTE TO ST. VINCENT SCHOOL one day inherit. Minnesota is truly fortunate to more, he is a columnist for the food section of OF NURSING have such an exceptional educator working for the San Francisco Chronicle and makes ce- its students. lebrity chef appearances at gatherings f throughout the world. HON. MARCY KAPTUR Narsai David has devoted much of his time OF OHIO HONORING THE MACON COUNTY to charitable causes in the bay area. He is IN THE HOUSE OF REPRESENTATIVES RESCUE SQUAD currently president of the board of the Assyr- ian Aid Society, a member of the board of di- Tuesday, June 11, 1996 HON. BART GORDON rectors of the Berkeley Community Fund of Ms. KAPTUR. Mr. Speaker, I rise today to OF TENNESSEE the San Francisco Foundation and Inter- pay tribute to the St. Vincent School of Nurs- IN THE HOUSE OF REPRESENTATIVES national House of Berkeley. He serves as host ing, and to offer my congratulations as the for many fundraisers in the bay area including school celebrates its centennial anniversary. Tuesday, June 11, 1996 the annual Meals on Wheels event in Alameda Since 1896, the School of Nursing has re- Mr. GORDON. Mr. Speaker, I am taking this County, the American Heart Association gala, mained a healthcare education landmark in opportunity to applaud the invaluable services the Warren Eukel Teachers Trust event, the Toledo, OH. provided by the Macon County Rescue Squad. Taylor Family Foundation Day in the Park Opened by the Sisters of Charity of Mon- These brave, civic minded people give freely fundraiser for Pediatric AIDS, and the Narsai treal, more commonly known as the ``Grey of their time so that should disaster strike, we Toast to the Arts for the Berkeley Repertory Nuns,'' the School of Nursing became the first know that our friends and neighbors are there Theater. In addition, he is also the president of school of its kind in Ohio. Sr. Elodie Mailoux to help. the Pacific Coast Farmer's Market Association. served as the first director, from 1896 to 1898. Few realize the depth of training and hard Mr. Speaker, Narsai David is an outstanding Currently, Ms. Elizabeth Cain holds the post. work that goes into being a member of the citizen of California and our country. As the She has been director since 1989 and is the rescue squad. Rescue squad members under- only Assyrian-American Member of Congress, 18th director of the school. E1060 CONGRESSIONAL RECORD — Extensions of Remarks June 11, 1996 Throughout its history, the School of Nurs- desire to do for others while expecting nothing provided by the Fairview Volunteer Fire De- ing has kept pace with the evolution of in return.'' partment. These brave, civic-minded people healthcare and nursing to graduate nearly Preparation includes twice-monthly training give freely of their time so that we may feel 4,000 highly skilled, dedicated nursing profes- programs in which they have live drills, study safer at night. sionals. In addition, the school has prided it- the latest videos featuring the latest in fire- Few realize the depth of training and hard self on its ability to successfully blend com- fighting tactics, as well as attend seminars mon spiritual beliefs with the latest healthcare where they can obtain the knowledge they work that goes into being a volunteer fire- technology and nursing education. need to save lives. Within a year of becoming fighter. To quote one of my local volunteers, Mr. Speaker, I am proud to recognize the a volunteer firefighter, most attend the Ten- ``These firemen must have an overwhelming 100th anniversary of the St. Vincent School of nessee Fire Training School in Murfreesboro desire to do for others while expecting nothing Nursing. As it enters its second century, the where they undergo further, intensified train- in return.'' school's dedication to care, education, and ing. Preparation includes twice-monthly training service continues to provide the northwest When the residents of my district go to bed at night, they know that should disaster strike programs in which they have live drills, study Ohio area with outstanding nursing education. the latest videos featuring the latest in fire- f and their home catch fire, well-trained and qualified volunteer fire departments are ready fighting tactics, as well as attend seminars HONORING THE SUMNER COUNTY and willing to give so graciously and gener- where they can obtain the knowledge they VOLUNTEER FIRE DEPARTMENT ously of themselves. This peace of mind need to save lives. Within a year of becoming should not be taken for granted. a volunteer firefighter, most attend the Ten- HON. BART GORDON By selflessly giving of themselves, they en- nessee fire training school in Murfreesboro sure a safer future for us all. We owe these where they undergo further, intensified train- OF TENNESSEE volunteer fire departments a debt of gratitude ing. IN THE HOUSE OF REPRESENTATIVES for their service and sacrifice. When the residents of my district go to bed Tuesday, June 11, 1996 f at night, they know that should disaster strike Mr. GORDON. Mr. Speaker, I am taking this HONORING THE FAIRVIEW and their home catch fire, well-trained and opportunity to applaud the invaluable services VOLUNTEER FIRE DEPARTMENT qualified volunteer fire departments are ready provided by the Sumner County Volunteer Fire and willing to give so graciously and gener- Department. These brave, civic-minded people ously of themselves. This peace of mind give freely of their time so that we may all feel HON. BART GORDON OF TENNESSEE should not be taken for granted. safer at night. IN THE HOUSE OF REPRESENTATIVES Few realize the depth of training and hard By selflessly giving of themselves, they en- work that goes into being a volunteer fire fight- Tuesday, June 11, 1996 sure a safer future for us all. We owe these er. To quote one of my local volunteers, Mr. GORDON. Mr. Speaker, I am taking this volunteer fire departments a debt of gratitude ``These firemen must have an overwhelming opportunity to applaud the invaluable services for their service and sacrifice. Tuesday, June 11, 1996 Daily Digest

HIGHLIGHTS Sheila Frahm was sworn in as a Senator from Kansas. Senate port on Wednesday, June 12, 1996, with a possible Chamber Action vote to occur thereon. Pages S6058±59 Routine Proceedings, pages S6021–S6111 Swearing in of Senator Frahm: Sheila Frahm, of Measures Introduced: Eight bills and one resolu- Kansas, was sworn in to fill the unexpired term until tion were introduced, as follows: S. 1856–1863, and the vacancy in the term, ending January 3, 1999, S. Res. 258. Page S6082 caused by the resignation of Senator Bob Dole, is Measures Reported: Reports were made as follows: filled by election as provided by law. Page S6046 S. 1745, to authorize appropriations for fiscal year Nominations Confirmed: Senate confirmed the fol- 1997 for military activities of the Department of lowing nominations: Defense, for military construction, and for defense William L. Wilson, of Minnesota, to be a Member activities of the Department of Energy, to prescribe of the Advisory Board of the Saint Lawrence Seaway personnel strengths for such fiscal year for the Development Corporation. Armed Forces, with amendments. (S. Rept. No. Edna Fairbanks-Williams, of Vermont, to be a 104–278) Member of the Board of Directors of the Legal Serv- S. 1488, to convert certain excepted service posi- ices Corporation for a term expiring July 13, 1998. tions in the United States Fire Administration to Donna Dearman Smith, of Alabama, to be a competitive service positions. Page S6082 Member of the Board of Trustees of the Barry Gold- Measures Passed: water Scholarship and Excellence in Education Foun- dation for a term expiring March 3, 1998. Robert J. Dole Balcony: Senate agreed to S. Res. 258, to designate the balcony adjacent to rooms C. E. Abramson, of Montana, to be a Member of S–230 and S–231 of the United States Capitol the National Commission on Libraries and Informa- Building as the ‘‘Robert J. Dole Balcony’’. tion Science for a term expiring July 19, 2000. LaVeeda Morgan Battle, of Alabama, to be a Pages S6043, S6105 Member of the Board of Directors of the Legal Serv- Olympic Torch Relay: Senate agreed to H. Con. ices Corporation for a term expiring July 13, 1998. Res. 172, authorizing the 1996 Summer Olympic John N. Erlenborn, of Illinois, to be a Member of Torch Relay to be run through the Capitol Grounds, the Board of Directors of the Legal Services Corpora- after agreeing to the following amendment proposed tion for a term expiring July 13, 1998. thereto: Page S6110 Norman I. Maldonado, of Puerto Rico, to be a Specter (for Ford) Amendment No. 4044, to make Member of the Board of Trustees of the Harry S a technical correction. Page S6110 Truman Scholarship Foundation for a term expiring Congressional Budget Resolution: Senate began December 10, 1999. consideration of the provisions of the conference re- Luis D. Rovira, of Colorado, to be a Member of port on H. Con. Res. 178, establishing the congres- the Board of Trustees of the Harry S Truman Schol- sional budget for the United States Government for arship Foundation for a term expiring December 10, fiscal year 1997 and setting forth appropriate budg- 2001. etary levels for fiscal years 1998, 1999, 2000, 2001, John R. Lacey, of Connecticut, to be a Member of and 2002. Pages S6058±66, S6069±72, S6076±79 the Foreign Claims Settlement Commission of the A unanimous-consent agreement was reached pro- United States for a term expiring September 30, viding for further consideration of the conference re- 1998. D591 D592 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1996 Barry M. Goldwater, Sr. of Arizona, to be a Mem- Sharon P. Wilkinson, of New York, to be Ambas- ber of the Board of Directors of the Communications sador to Burkina Faso. Satellite Corporation until the date of the annual Kenneth C. Brill, of California, to be Ambassador meeting of the Corporation in 1998. to the Republic of Cyprus. Peter S. Knight, of the District of Columbia, to Day Olin Mount, of Virginia, to be Ambassador be a Member of the Board of Directors of the Com- to the Republic of Iceland. munications Satellite Corporation until the date of James E. Hall, of Tennessee, to be Chairman of the annual meeting of the Corporation in 1999. the National Transportation Safety Board for a term Richard L. Morningstar, of Massachusetts, for the of two years. rank of Ambassador during his tenure of service as Charles O. Cecil, of California, to be Ambassador Special Advisor to the President and to the Secretary to the Republic of Niger. of State on Assistance to the New Independent David C. Halsted, of Vermont, to be Ambassador States (NIS) of the Former Soviet Union and Coordi- to the Republic of Chad. nator of NIS Assistance. Prudence Bushnell, of Virginia, to be Ambassador Robert B. Rogers, of Missouri, to be a Member of to the Republic of Kenya. the Board of Directors of the Corporation for Na- Morris N. Hughes, Jr., of Nebraska, to be Ambas- tional and Community Service for a term of three sador to the Republic of Burundi. years. Hubert T. Bell, Jr., of Alabama, to be Inspector Elmer B. Staats, of the District of Columbia, to General, Nuclear Regulatory Commission. be a Member of the Board of Trustees of the Harry Routine lists in the Coast Guard. S Truman Scholarship Foundation for a term expir- Pages S6027±28, S6111 ing December 10, 2001. Messages From the House: Pages S6079±80 Toni G. Fay, of New Jersey, to be a Member of Measures Referred: Page S6080 the National Institute Literacy Advisory Board for a term expiring October 12, 1998. Measures Placed on Calendar: Page S6080 Audrey Tayse Haynes, of Kentucky, to be a Mem- Communications: Page S6080 ber of the National Institute for Literacy Advisory Petitions: Pages S6080±82 Board for a term expiring October 13, 1998. Mark Edwin Emblidge, of Virginia, to be a Mem- Statements on Introduced Bills: Pages S6082±S6104 ber of the National Institute for Literacy Advisory Additional Cosponsors: Pages S6104±05 Board for a term expiring September 22, 1998. Amendments Submitted: Page S6105 Mary Dodd Greene, of Texas, to be a Member of the National Institute for Literacy Advisory Board Authority for Committees: Pages S6105±06 for a term expiring October 12, 1998. Additional Statements: Pages S6106±10 Alberta Sebolt George, of Massachusetts, to be a Adjournment: Senate convened at 9 a.m., and ad- Member of the National Museum Services Board for journed at 7:57 p.m., until 11:30 a.m., on Wednes- a term expiring December 6, 1998. day, June 12, 1996. (For Senate’s program, see the David A. Ucko, of Missouri, to be a Member of remarks of the Acting Majority Leader in today’s the National Museum Services Board for a term ex- Record on pages S6110–11.) piring December 6, 1999. Robert E. Anderson, of Minnesota, to be a Mem- ber of the Board of Regents of the Uniformed Serv- Committee Meetings ices University of the Health Sciences for a term ex- (Committees not listed did not meet) piring June 20, 2001. Lonnie R. Bristow, of California, to be a Member APPROPRIATIONS—HUD of the Board of Regents of the Uniformed Services Committee on Appropriations: Subcommittee on VA, University of the Health Sciences for a term expiring HUD, and Independent Agencies held hearings on June 20, 2001. proposed budget estimates for fiscal year 1997 for Shirley Ledbetter Jones, of Arkansas, to be a the Department of Housing and Urban Develop- Member of the Board of Regents of the Uniformed ment, receiving testimony from Henry G. Cisneros, Services University of the Health Sciences for a term Secretary of Housing and Urban Development. expiring May 1, 2001. Subcommittee recessed subject to call. Dane Farnsworth Smith, Jr., of New Mexico, to be Ambassador to the Republic of Senegal. NOMINATIONS George F. Ward, Jr., of Virginia, to be Ambas- Committee on Armed Services: Committee concluded sador to the Republic of Namibia. hearings on the nominations of Gen. John H. Tilelli, June 11, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D593 Jr., USA, for reappointment to the grade of general Julie Kitka, Alaska Federation of Natives, Anchor- and to be Commander-in-Chief, United Nations age. Command/Combined Forces Command/United States Forces, Korea, Lt. Gen. Wesley K. Clark, USA, for SALMON RECOVERY promotion to the grade of general and to be Com- Committee on Environment and Public Works: Sub- mander-in-Chief, United States Southern Command, committee on Drinking Water, Fisheries, and Wild- and Lt. Gen. Walter Kross, USAF, for promotion to life concluded oversight hearings on implementation the grade of general and to be Commander-in-Chief, of salmon and steelhead recovery efforts in the Pa- United States Transportation Command, after the cific Northwest, focusing on the installation of the nominees testified and answered questions in their surface collector by the U.S. Army Corps of Engi- own behalf. neers at Lower Granite Dam, after receiving testi- mony from William Stelle, Jr., Director, Northwest LIVESTOCK MARKETS Region, National Marine Fisheries Service, National Committee on Commerce, Science, and Transpor- Oceanic and Atmospheric Administration, Depart- tation:Committee concluded hearings to examine the ment of Commerce; Maj. Gen. Russell L. Fuhrman, condition of livestock markets, focusing on recent re- Commander, North Pacific Division, U.S. Army ports issued by the Department of Agriculture Corps of Engineers; and Mitch Sanchotena, Idaho meatpacker concentration Advisory Committee, and Steelhead and Salmon Unlimited, Richard N. Wil- proposed legislation to permit the interstate dis- liams, on behalf of the Independent Scientific Advi- tribution of State-inspected meat and poultry prod- sory Board, Mike Field, Northwest Power Planning ucts, after receiving testimony from Senator Thomas; Council, and Donald W. Chapman, all of Boise, Leonard W. Condon, Deputy Assistant United States Idaho. Trade Representative for Agricultural Affairs; Wil- lard K. Tom, Assistant Director for Policy and Eval- OLYMPICS SECURITY uation, Federal Trade Commission; David Turetsky, Committee on the Judiciary: Committee concluded Deputy Assistant Attorney General for Anti-Trust, hearings to examine the threat terrorism poses to the Department of Justice; Dean Anderson, South Da- Olympics and steps taken by Federal law enforce- kota Secretary of Agriculture, Pierre; Keith Bales, ment and military officials to maximize security at Montana Stockgrowers Association, Helena; Jay Pat- the upcoming Olympic games, after receiving testi- rick Boyle, American Meat Institute, Arlington, Vir- mony from Senator McCain; Robert M. Blitzer, ginia; Dick Kjerstead, South Dakota Farm Bureau Chief, Domestic Terrorism/Counterterrorism Section, Federation, Quinn; and Lois Wales, National Farm- National Security Division, Federal Bureau of Inves- er’s Union, Dimmitt, Texas. tigation, and J. Gilmore Childers, Special Counsel for Olympics, both of the Department of Justice; ALASKA LAND BILLS Gen. John H. Tilelli, Jr., USA, Commanding Gen- Committee on Energy and Natural Resources: Committee eral, United States Army Forces Command (Ft. concluded hearings on the following bills: McPherson, Georgia); and Ariel Merari, Tel Aviv S. 1010, to amend the ‘‘unit of general local gov- University, Israel. ernment’’ definition for Federal payments in lieu of taxes to include unorganized boroughs in Alaska, BUSINESS MEETING after receiving testimony from Senator Stevens; and Committee on the Judiciary: Subcommittee on Constitu- Gwen Mason, Assistant Director, External Affairs, tion, Federalism, and Property Rights began consid- Bureau of Land Management, Department of the In- eration S.J. Res. 8, proposing an amendment to the terior; Constitution of the United States to prohibit retro- S. 1187, to convey certain real property located in active increases in taxes, but did not complete action Tongass National Forest to Daniel J. Gross, Sr., and thereon, and will meet again on Thursday, June 13. Douglas K. Gross, after receiving testimony from Gray Reynolds, Deputy Chief, National Forest Sys- INDIAN TRUST FUNDS MANAGEMENT tem, Forest Service, Department of Agriculture; and Committee on Indian Affairs: Committee held over- S. 1807, to convey Federal land in the Tongass sight hearings on the Department of the Interior’s National Forest to the Kake Tribal Corporation in management of Indian trust funds, focusing on the exchange for the Corporation’s surface interests in Department’s efforts to reconcile Indian trust fund certain land within the township of Kake, after re- accounts and implement management improvements, ceiving testimony from Mr. Reynolds (listed above); receiving testimony from Paul M. Homan, Special Gordon Jackson and Thomas Findley, both on behalf Trustee for American Indians, Ed Cohen, Deputy So- of the Kake Tribal Corporation, Kake, Alaska; and licitor, and Joe Christie, Director, Reconciliation D594 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1996

Project, Bureau of Indian Affairs, all of the Depart- thorize funds for fiscal year 1997 for military activi- ment of the Interior; Jim Simon, Deputy Assistant ties of the Department of Defense, for military con- Attorney General, Department of Justice; Linda M. struction, and for defense activities of the Depart- Calbom, Director, and Gayle Fischer, Assistant Di- ment of Energy, and to prescribe personnel strengths rector, both of Civil Audits, Accounting and Infor- for such fiscal year for the Armed Forces. mation Management Division, and Tom Armstrong, Counsel, all of the General Accounting Office; Eric WHITEWATER Davenport, Intertribal Monitoring Association on In- dian Trust Funds, Juneau, Alaska; and Ivan Makil, Special Committee to Investigate the Whitewater Develop- Salt River Pima Maricopa Indian Community, ment Corporation and Related Matters: Committee Scottsdale, Arizona. failed to agree to a committee resolution to grant Hearings were recessed subject to call. immunity to David Hale, relative to the committee’s investigation of certain matters with regard to the AUTHORIZATION—DOD Whitewater Development Corporation. Select Committee on Intelligence: Committee ordered fa- Committee recessed subject to call. vorably reported, with amendments, S. 1745, to au- h House of Representatives only by donation or exchange, or otherwise with the Chamber Action consent of the owner of the lands. Pages H6127±32 Bills Introduced: 6 public bills, H.R. 3611–3616; By unanimous consent agreed to the Saxton and 1 resolution, H. Con. Res. 183, were intro- amendment that makes a technical correction to the duced. Page H6183 short title; and Page H6127 Reports Filed: One report was filed as follows: By unanimous consent agreed to the Gejdenson H.R. 3610, making appropriations for the Depart- amendment that limits the land acquisition provi- ment of Defense for the fiscal year ending September sion to New Hampshire and Vermont. 30, 1997 (H. Rept. 104–617). Page H6183 Pages H6129±30 Speaker Pro Tempore: Read a letter from the Health Insurance Coverage: House disagreed to Speaker wherein he appointed Representative Shaw the Senate amendment to H.R. 3103, to amend the to act as Speaker pro tempore for today. Page H6119 Internal Revenue Code of 1986 to improve port- Recess: The House recessed at 9:45 a.m. and recon- ability and continuity of health insurance coverage in vened at 10 a.m. Page H6124 the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care Journal: By a yea-and-nay vote of 347 yeas to 50 delivery, to promote the use of medical savings ac- nays, Roll No. 225, the House agreed to the Speak- counts, to improve access to long-term care services er’s approval of the Journal of Monday, June 10. and coverage, and to simplify the administration of Pages H6124, H6132 health insurance, and agreed to a conference. Ap- Committees to Sit: The following committees and pointed as conferees: Representatives Archer, Thom- their subcommittees received permission to sit today as, Bliley, Bilirakis, Goodling, Fawell, Hyde, McCol- during proceedings of the House under the 5-minute lum, Hastert, Gibbons, Stark, Dingell, Waxman, rule. Committees on Agriculture, Banking and Fi- Clay, Conyers, and Bonior. Pages H6132±41 nancial Services, Commerce, Economic and Edu- Rejected the Dingell motion to instruct conferees cational Opportunities, Government Reform and to recede to the Senate amendment except with re- Oversight, International Relations, Judiciary, Re- spect to section 305 of the Senate amendment; and sources, Transportation and Infrastructure, Veterans’ with respect to section (A) to consider whether the Affairs, and Select Intelligence. Page H6126 enactment of such section would result in an increase Corrections Calendar: On the call of the Correc- in premiums for private health plans and (B) if so, tions Calendar, the House passed H.R. 2909, to to provide for concurring with such section with an amend the Silvio O. Conte National Fish and Wild- amendment that adjusts such section to provide for life Refuge Act to provide that the Secretary of the the maximum coverage of mental health services Interior may acquire lands for purposes of that Act June 11, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D595 under health plans without increasing such pre- Consideration of amendments will resume on miums (rejected by a yea-and-nay vote of 182 yeas Wednesday, June 11. Pages H6164±82 to 235 nays with 2 voting ‘‘present’’, Roll No. 226). Agreed To: Pages H6133±41 The Volkmer en bloc amendment that disallows Foreign Operations Appropriations: By a yea-and- funding for new studies in the Child Nutrition and nay vote of 366 yeas to 57 nays, Roll No. 228, the Food Stamp programs; and Pages H6176±77 House passed H.R. 3540, making appropriations for The Skeen amendment that strikes language con- foreign operations, export financing, and related pro- cerning information requested for appropriation hear- grams for the fiscal year ending September 30, 1997. ings. Pages H6181±82 Pages H6142±59 Rejected the Goss amendment that sought to re- Agreed To: move title II funding of the Agricultural Trade De- The Obey amendment that limits Foreign Mili- velopment and Assistance Act. Pages H6177±79 tary Financing Program funds to any country that H. Res. 451, the rule providing for consideration has not agreed to DOD audits of private firms whose of the bill, was agreed to earlier by a voice vote. contracts are made directly with foreign govern- Pages H6159±64 ments; and Page H6142 Amendments: Amendments ordered printed pursu- The Obey amendment that limits to $100 million ant to the rule appear on page H6184. the amount of Foreign Military Financing Program Quorum Calls—Votes: Three yea-and-nay votes funds that can be used for procurement of foreign- and one recorded vote developed during the proceed- made defense articles or services for countries other ings of the House today and appear on pages than Israel and Egypt. Pages H6142±43 H6132, H6141, H6156, and H6158–59. There were The Souder amendment that qualifies any expend- no quorum calls. itures to Mexico upon the Government of Mexico Adjournment: Met at 12:30 a.m. and adjourned at taking actions that reduce illegal drugs entering the 5:31 p.m. United States from Mexico, apply all law enforce- ment resources to prosecute individuals implicated with drug cartels and money-laundering, pursue Committee Meetings anti-drug trafficking initiatives, cooperative with ef- BUDGET RESOLUTION—FOOD STAMP forts at narcotics interdiction and requests by the REFORM PROGRAM United States for assistance in investigations of Committee on Agriculture: Began consideration of rec- money-laundering violations, and make progress to- ommendations to the Committee on the Budget to ward implementation of effective laws to prohibit comply with the instructions included in the Budget money-laundering. Pages H6148±50 Resolution (Food Stamp Reform Program). Rejected the Frank of Massachusetts amendment Committee recessed subject to call. that sought to prohibit International Military Edu- cation and Training funding to Indonesia (rejected FINANCIAL SERVICES COMPETITIVENESS by a recorded vote of 149 ayes to 272 noes, Roll No. AND REGULATORY RELIEF ACT 227). Pages H6150±56 Committee on Banking and Financial Services: Continued Withdrawn: consideration of the Financial Services Competitive- The Zimmer amendment was offered, but subse- ness and Regulatory Relief Act. quently withdrawn, that sought to express the sense FUTURE OF MONEY of the Congress that the Government of Poland should prohibit development of a shopping center Committee on Banking and Financial Services: Sub- within 500 yards of the former Auschwitz concentra- committee on Domestic and International Monetary tion camp in the town of Osweicim, Poland; and Policy continued hearings on the Future of Money, Pages H6143±45 Part IV. Testimony was heard from public witnesses. The Obey amendment was offered, but subse- PERSONAL RESPONSIBILITY AND WORK quently withdrawn, that sought to prohibit Inter- OPPORTUNITY ACT national Military Education and Training funding to Committee on Commerce: Held a hearing on H.R. 3507, Cambodia and Thailand. Pages H6145±48 Personal Responsibility and Work Opportunity Act Agriculture Appropriations: The House completed of 1996. Testimony was heard from Donna E. all general debate on H.R. 3603, making appropria- Shalala, Secretary of Health and Human Services; Jo- tions for Agriculture, Rural Development, Food and seph Teefey, Deputy Director, Department of Medi- Drug Administration, and Related Agencies pro- cal Assistance Services, State of Virginia; and public grams for the fiscal year ending September 30, 1997. witnesses. D596 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1996 MISCELLANEOUS MEASURES The Committee also approved private claims bills. Committee on Commerce: Ordered reported the follow- The Committee began markup of H.R. 3396, De- ing bills: H.R. 3431, Armored Car Reciprocity Im- fense of Marriage Act. provement Act of 1996; and H.R. 3604, amended, Will continue tomorrow. Safe Drinking Water Act Amendments of 1996. MISCELLANEOUS MEASURES PROFESSIONAL BOXING SAFETY ACT Committee on Resources: Held a hearing on the follow- Committee on Commerce: Subcommittee on Commerce, ing bills: H.R. 401, Kenai Natives Association Eq- Trade, and Hazardous Materials and the Subcommit- uity Act of 1995; and H.R. 2505, to amend the tee on Workforce Protections of the Committee on Alaska Native Claims Settlement Act to make cer- Economic and Educational Opportunities held a tain clarifications to the land bank protection provi- joint hearing on H.R. 1186 and S. 187, Professional sions. Testimony was heard from Deborah L. Wil- Boxing Safety Act. Testimony was heard from Sen- liams, Special Assistant to the Secretary for Alaska, ators McCain and Bryan; Representatives Owens and Department of the Interior; and other witnesses. Williams; and public witnesses. WATER RESOURCES DEVELOPMENT ACT FURTHER DOWNSIZING AND Committee on Transportation and Infrastructure: Sub- REINVENTION committee on Water Resources and Environment ap- proved for full Committee action H.R. 3592, Water Committee on Government Reform and Oversight: Sub- Resources Development Act of 1996. committee on Civil Service concluded hearings on Further Downsizing and Reinvention, Part II. Testi- DEPARTMENT OF VETERANS AFFAIRS mony was heard from the following officials of PHARMACY PROGRAM GAO: Timothy Bowling, Associate Director, Federal Committee on Veterans’ Affairs: Subcommittee on Hos- Workforce Management Issues; and Henry W. pitals and Health Care held a hearing on the Depart- Wray, Associate General Counsel; John Koskinen, ment of Veterans Affairs pharmacy program with Deputy Director, Management, OMB; and James B. emphasis on over-the-counter drugs, medical sup- King, Director, OPM. plies and dietary supplements. Testimony was heard PROSPECTS FOR FREE AND FAIR from David P. Baine, Director, Health Care Delivery ELECTIONS IN BOSNIA and Quality Issues, Health, Education, and Human Services Division, GAO; and John E. Ogden, Direc- Committee on International Relations: Held a hearing on tor, Pharmacy Service, Department of Veterans Af- Prospects for Free and Fair Elections in Bosnia. Tes- fairs. timony was heard from Ambassador William Mont- gomery, Special Advisor for the Implementation of GRADUATE MEDICAL EDUCATION the Dayton Peace Accord, Department of State; and Committee on Ways and Means: Subcommittee on public witnesses. Health held a hearing on Teaching Hospitals and CHILD LABOR Other Issues Related to Graduate Medical Education. Testimony was heard from public witnesses. Committee on International Relations: Subcommittee on International Operations and Human Rights held a U.S.-CHINA TRADE RELATIONS hearing on Child Labor. Testimony was heard from Committee on Ways and Means: Subcommittee on Representative Morella and Miller of California; the Trade held a hearing on U.S.-China Trade Relations following officials of the Department of Labor: Maria and Renewal of China’s Most-Favored-Nation Status. Echaveste, Administrator, Wage and Hour Division, Testimony was heard from Representatives Solomon, Employment Standards Administration; and Sonia Kolbe, Pelosi, Smith of New Jersey, Wolf, Kaptur, Rosen, Director, International Child Labor Studies; Cox of California, Rohrabacher and Scarborough; and public witnesses. Charlene Barshefsky, Acting U.S. Trade Representa- MISCELLANEOUS MEASURES tive; Winston, Lord, Assistant Secretary, East Asian and Pacific Affairs, Department of State; and public Committee on the Judiciary: Ordered reported the fol- witnesses. lowing bills: H.R. 3525, amended, Church Arson Prevention Act of 1996; H.R. 3166, amended, Gov- INTELLIGENCE COLLECTION REGARDING ernment Accountability Act of 1996; H.R. 3460, HAITI amended, Inventor Rights Protection and Patent Re- Permanent Select Committee on Intelligence: Subcommit- form Act of 1996; and H.R. 740, to confer jurisdic- tee on Human Intelligence, Analysis, and Counter- tion on the U.S. Court of Federal Claims with re- intelligence met in executive session to hold a hear- spect to land claims of Pueblo of Isleta Indian tribe. ing on the Politicization of Intelligence Collection June 11, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D597 Regarding Haiti. Testimony was heard from depart- Committee on Economic and Educational Opportunities, to mental witnesses. mark up Welfare Reform, 10 a.m., 2175 Rayburn. f Committee on Government Reform and Oversight, Sub- committee on the District of Columbia, hearing on Blue COMMITTEE MEETINGS FOR Plains, 9 a.m., 2247 Rayburn. WEDNESDAY, JUNE 12, 1996 Subcommittee on National Security, International Af- (Committee meetings are open unless otherwise indicated) fairs, and Criminal Justice, hearing on oversight of Fed- eral Drug Interdiction Efforts in Mexico: Review of a Senate Rising National Security Threat, 10 a.m., 2154 Rayburn. Committee on Agriculture, Nutrition, and Forestry, to hold Committee on International Relations, hearing on Develop- hearings on S. 1166, to improve the registration of pes- ments in the Middle East, 10 a.m., 2172 Rayburn. ticides, to provide minor use crop protection, and to im- Committee on the Judiciary, to continue markup of H.R. prove pesticide tolerances to safeguard infants and chil- 3396, Defense of Marriage Act, 9:30 a.m., 2141 Ray- dren, 1 p.m., SR–328A. burn. Committee on Commerce, Science, and Transportation, Sub- Subcommittee on Immigration and Claims, hearing on committee on Science, Technology, and Space, to hold H.R. 2587, War Crimes Act of 1995, 1 p.m., 2237 Ray- hearings on S. 1726, to promote electronic commerce by burn. facilitating the use of strong encryption, 9:30 a.m., Committee on Resources, Subcommittee on Native Amer- SR–253. ican and Insular Affairs, to mark up H.R. 3024, United Committee on Finance, business meeting, to mark up States-Puerto Rico Political Status Act, 2 p.m., 1334 H.R. 3286, to help families defray adoption costs, and to Longworth. promote the adoption of minority children, and provi- Committee on Rules, to consider H.R. 3610, making ap- sions of H.R. 3448, to provide tax relief for small busi- propriations for the Department of Defense for the fiscal nesses, to protect jobs, to create opportunities, and to in- year ending September 30, 1997, 12 noon, H–313 Cap- crease the take home pay of workers, 11 a.m., SD–215. itol. Select Committee on Intelligence, to hold closed hearings on Committee on Science, Subcommittee on Space and Aero- intelligence matters, 2 p.m., SH–219. nautics, hearing on U.S. Space Launch Strategy, 10 a.m., House 2318 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Appropriations: to consider the Interior ap- committee on Coast Guard and Maritime Transportation, propriations for fiscal year 1997, 8:30 a.m., 2360 Ray- oversight hearing on the impact of U.S. coastwide trade burn. Subcommittee on Labor, Health and Human Services, laws on the transportation system in the United States, and Education, to mark up appropriations for fiscal year 10 a.m., 2167 Rayburn. 1997, 3 p.m., 2358 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Com- Committee on Banking and Financial Services, Subcommit- pensation, Pension, Insurance and Memorial Affairs and tee on Capital Markets, Securities and Government Spon- the Subcommittee on Education, Training, Employment sored Enterprises, hearing on the Privatization of Fannie and Housing, joint hearing on customer service standards Mae and Freddie Mac, 10 a.m., 2128 Rayburn. at the Department of Veterans Affairs and the Veterans’ Committee on Commerce, Subcommittee on Energy and Employment and Training Service, 10 a.m., 334 Cannon. Power, hearing on the GAO Report on the Department Committee on Ways and Means, to mark up budget rec- of Energy’s Strategic Alignment and Downsizing Initia- onciliation welfare recommendations, 10 a.m., 1100 tive, 10 a.m., 2123 Rayburn. Longworth. Subcommittee on Oversight and Investigations, to con- Permanent Select Committee on Intelligence, executive brief- tinue hearings on the Department of Energy: Travel Ex- ing on Russian Presidential Elections, 12 noon, H–405 penditures and Related Issues, 10 a.m., 2322 Rayburn. Rayburn. D598 CONGRESSIONAL RECORD — DAILY DIGEST June 11, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Wednesday, June 12 10 a.m., Wednesday, June 12

Senate Chamber House Chamber Program for Wednesday: After the recognition of one Program for Wednesday: Continue consideration of Senator for a speech and the transaction of any morning H.R. 3603, Agriculture, Rural Development, and Food business (not to extend beyond 12 noon), Senate will con- and Drug Administration Appropriations Act for FY tinue debate of the conference report on H. Con. Res. 1997 (open rule, 1 hour of general debate); and 178, Congressional Budget Resolution. Consideration of the conference report on H. Con. Res. 178, Concurrent Resolution on the Budget for FY 1997 (rule waiving all points of order, 1 hour of general de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E1059 Myers, John T., Ind., E1050 Gilman, Benjamin A., N.Y., E1057 Packard, Ron, Calif., E1050 Ackerman, Gary L., N.Y., E1052 Gordon, Bart, Tenn., E1049, E1050, E1051, E1053, E1056, Rangel, Charles B., N.Y., E1056 Bereuter, Doug, Nebr., E1049 E1057, E1059, E1060 Roukema, Marge, N.J., E1053 Bonior, David E., Mich., E1053 Hall, Tony P., Ohio, E1052 Schaefer, Dan, Colo., E1050 Cox, Christopher, Calif., E1057 Hamilton, Lee H., Ind., E1054 Vento, Bruce F., Minn., E1058 Coyne, William J., Pa., E1053 Houghton, Amo, N.Y., E1058 Vucanovich, Barbara F., Nev., E1049 DeLauro, Rosa L., Conn., E1056 Kanjorski, Paul E., Pa., E1052 Dixon, Julian C., Calif., E1051 Kaptur, Marcy, Ohio, E1059

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