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

Vol. 143 WASHINGTON, TUESDAY, NOVEMBER 4, 1997 No. 152 Senate The Senate met at 10 a.m. and was the consent the Senate will recess from General for Civil Rights. Let me say at called to order by the President pro 12:30 p.m. to 2:30 p.m. for the weekly the outset that, in my 5 years as the tempore [Mr. THURMOND]. policy luncheons to meet. When the senior Republican on the Judiciary Senate reconvenes at 2:30 p.m., the Committee, I have been proud to have PRAYER Senate will proceed to the cloture vote advanced no less than 230 of President The Chaplain, Dr. Lloyd John on the motion to proceed to S. 1269, the Clinton’s nominees to the Federal Ogilvie, offered the following prayer: fast-track legislation. If cloture is in- courts. After a thorough review of Dear Father, we confess our total de- voked, the Senate will begin debate on these nominees’ views and records, I pendence on You, not only for every the motion to proceed to S. 1269. have supported the confirmation of all breath we breathe but also for every in- In addition, the Senate may also con- but two of them. In addition, I have genious thought we think. You are the sider and complete action on the D.C. also worked to ensure that President source of our strength, the author of appropriations bill, the FDA Reform Clinton’s Justice Department nominees our vision, and the instigator of our conference report, the Intelligence au- receive a fair, expeditious, and thor- creativity. thorization conference report, and any ough review. Without question, the We begin this day with praise that additional legislative or executive Senate’s advice and consent responsi- You have chosen us to serve You. All items that can be cleared for action. bility is one that I take very seriously. our talents, education, and experience Therefore, Members can anticipate This nomination is no exception. have been entrusted to us by You. rollcall votes throughout Tuesday’s While I have the highest personal re- Today, the needs before us will bring session of the Senate. gard for Bill Lann Lee, his record and forth the expression of Your creative, As a reminder to all Members, the his responses to questions posed by the divine intelligence from within us. first rollcall vote will occur at 11 a.m. committee suggest a distorted view of Thank You in advance for Your provi- Mr. President, I ask unanimous con- the law that makes it difficult for me sion of exactly what we will need to sent that Senators will have until the in good conscience to support his nomi- serve You. We trust You completely. time of the vote for filing of second-de- nation to be the chief enforcer of the This is Your day; You will show the gree amendments to H.R. 2646, the A- Nation’s civil rights laws. The Assist- way; we will respond to Your guidance plus Education Savings Act. ant Attorney General must be Amer- without delay. Through our Lord and The PRESIDENT pro tempore. With- ica’s civil rights law enforcer, not the Saviour. Amen. out objection, it is so ordered. civil rights ombudsman for the polit- f f ical left. Accordingly, when the Judici- RECOGNITION OF THE ACTING MORNING BUSINESS ary Committee votes on whether to re- MAJORITY LEADER port his nomination to the full Senate, The PRESIDENT pro tempore. Under I will regretfully vote ‘‘no’’. The PRESIDENT pro tempore. The the previous order, there will now be a able acting majority leader, the distin- period for the transaction of morning At the outset, I want to say that no guished Senator from Oklahoma, is business until the hour of 11 a.m., with one in this body respects and appre- recognized. Senators permitted to speak for up to 5 ciates the compelling personal history of Mr. Lee and his family more than I. f minutes, with the following exceptions: Senator HATCH for 20 minutes; Senator Mr. Lee’s parents came to these shores SCHEDULE COVERDELL for 15 minutes; Senator full of hope for the future. They be- Mr. INHOFE. Mr. President, this ROBERTS for 20 minutes; Senator DODD lieved in the promise of America. And morning the Senate will be in a period for 5 minutes. despite meager circumstances and the of morning business until 11 a.m. At 11 The able Senator from Utah is recog- scourge of bigotry, they worked hard, a.m. the Senate will proceed to the clo- nized for 20 minutes. educated their children, and never lost faith in this great country. ture vote on H.R. 2646, the A-plus edu- f cation savings account bill. If cloture Yet, what we must never forget as we is not invoked, the majority leader THE NOMINATION OF BILL LANN take up this debate is that the sum of hopes consent will be granted to set LEE our experiences says less about who we the cloture vote on a motion to proceed I. INTRODUCTION become than does what we take from to S. 1269, the fast-track legislation, at Mr. HATCH. Mr. President, I rise this those experiences. For example, my 2:30 p.m. If that is not possible, the morning to discuss the nomination of good friend Justice Clarence Thomas Senate will recess following the 11 a.m. Mr. Bill Lann Lee of California to be was, like Mr. Lee, born into a cir- vote until 2:30 p.m. Otherwise, under President Clinton’s Assistant Attorney cumstance where opportunities were

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

S11617

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Consistent about the Supreme Court’s holding in other African-American, Bill Lucas, with that principle, they have placed the case of Adarand Constructors who was nominated by President Bush strict limitations on the Government’s versus Pech, in which the Supreme for the same position as Mr. Lee, but ability to count among its citizens by Court held that State-sanctioned racial whose nomination was rejected by my race. Nevertheless, many among us distinctions are presumptively uncon- colleagues on the other side of the who lay claim to the mantle of civil stitutional. When asked to state the aisle. rights would have us continue on the holding of the case, Mr. Lee said that it Bill Lann Lee is, to his credit, an road of racial spoils—a road on which epitomizes the Supreme Court’s view able civil rights lawyer with a pro- Americans are seen principally through that racial preference programs are foundly admirable passion to improve the looking glass of race. I regret to permissible if ‘‘conducted in a limited the lives of many Americans who have say that Bill Lee’s record suggests that and measured manner.’’ That is, argu- been left behind. His talent and good he too wishes the Nation to travel that ably, a narrowly correct statement. intentions have taken him far. But his unfortunate road. But it purposefully misses the mark of good intentions should not be suffi- The country today, however, de- the Court’s fundamental holding that cient to earn the consent of this body. mands a Civil Rights Division devoted such programs are presumptively un- Those charged with enforcing the Na- to protecting us all equally. It cannot constitutional. Imagine if a nominee tion’s laws must demonstrate a proper do that when it is committed to poli- had come before this body and stated understanding of that law, and a deter- cies that elevate one citizen’s rights for the record that the Court’s first mination to uphold its letter and its above another’s. Let me share one ex- amendment cases stand for the propo- spirit. Unfortunately, much of Mr. ample of what results from the race- sition that the state can interfere with Lee’s work has been devoted to pre- consciousness that some, Bill Lann Lee religious practices if it does so care- serving constitutionally suspect race- among them, would have us embrace. fully. Such a purposefully misleading conscious public policies that ulti- Earlier this year, the Judiciary Com- view would properly be assailed as a mately sort and divide citizens by race. mittee held a hearing to examine the fundamental mischaracterization of To this day, he is an adamant defender problem of discrimination in America. the spirit of the law. So, too, is Mr. of preferential policies that, by defini- One story, that of Charlene Loen was Lee’s view of the Supreme Court’s tion, favor some and disfavor others particularly moving. Ms. Loen is a Chi- statements about racial distinctions based upon race and ethnicity. nese-American mother of two who lives enforced by the Government. At his hearing before the Judiciary in San Francisco. Ms. Loen’s son Pat- In addition, Mr. Lee stated for the Committee, Mr. Lee suggested he rick was denied admission to a distin- record his personal opposition to Adarand. He then said that in spite of would enforce the law without regard guished public magnet school in San that, he would enforce the law, if con- to his personal opinions. But that can- Francisco, pursuant to the racial pref- firmed. Fair enough. But, in response not be the end of our inquiry. The Sen- erence policy contained in a consent to a written question from Senator ate’s responsibility is then to deter- decree which caps the percentage of ASHCROFT, Mr. Lee’s narrow view of mine what the nominee’s view of the ethnic group representation in each of what the law is becomes astonishingly law is. That question is particularly the city’s public schools. The cap has clear. Senator ASHCROFT asked Mr. Lee important for a nominee to the Justice the effect of requiring young, Chinese whether the program at issue in the Department’s Civil Rights Division. students to score significantly higher Adarand case is unconstitutional. Mr. II. CIVIL RIGHTS DIVISION on magnet school entrance exams than Lee noted that the Supreme Court in As I have made clear in the past, it is students of other races. While young Adarand remanded the case to the dis- my view that the Assistant Attorney Patrick scored higher than many of his trict court in Colorado. He further General for Civil Rights is one of the friends on the admissions exam, he was noted that the district court just this most important law enforcement posi- denied admission, while other children summer held that the programs in tions in the Federal Government. No who scored less well were admitted. question are not narrowly tailored and position in Government more pro- Ms. Loen sought to have Patrick ad- are therefore unconstitutional. In so foundly shapes and implements our Na- mitted to several other public magnet holding, the court stated in its opinion tion’s goal of equality under law. schools in the city, and time after time that The Civil Rights Division was estab- she was told in no uncertain terms that [c]ontrary to the [Supreme] Court’s pro- lished in 1957 to enforce President Ei- because he was Chinese, Patrick need nouncement that strict scrutiny is not senhower’s Civil Rights Act of 1957, the not apply. ‘‘fatal in fact,’’ I find it difficult to envisage first civil rights statute since Recon- So you see, a policy that prefers one, a race-based classification that is narrowly struction. Since the appointment of by definition disfavors another. In this tailored. the first Assistant Attorney General case, the disfavored other has a name, But despite the court’s strong pro- for Civil Rights, Mr. Harold Tyler, the Patrick. The law must be understood nouncement, Mr. Lee asserts in his re- Division has had a distinguished record to protect Patrick, and others like sponse to Senator ASHCROFT that he of enforcing the Nation’s civil rights him, no less than anyone else. What believes ‘‘this program is sufficiently laws, often against perilous political matters under the law is not that Pat- narrowly tailored to satisfy the strict odds. With great leaders like Burke rick is ethnic Chinese, but that he is scrutiny test.’’ Apparently, then, Mr. Marshall, John Doar, and Stanley American. Affirmative action policies Lee is prepared to support racial pref- Pottinger, the Civil Rights Division as originally conceived embraced that erence programs until every possible emphasized the equality of individuals ideal. Recruiting and outreach that en- exception under the law is unequivo- under law, and a commitment to ensur- sures broad inclusion is one thing; ra- cally foreclosed by the Supreme Court, ing that every American—regardless of cial and gender preferences that en- despite the Court’s view that such pro- race, ethnicity, gender, national origin, force double standards are quite an- grams are presumptively unconstitu- or disability—enjoys an equal oppor- other. tional and may only be used in excep- tunity to pursue his or her talents free But the case against Bill Lee is tional circumstances. Mr. Lee’s view of of illegal discrimination. That is a broader, and more fundamental, than the law, it seems to me, is exceedingly commitment that I fundamentally his aggressive support for public poli- narrow and violative of the Court’s rul- share, and take very seriously as I con- cies that sort and divide by race. What ings and holdings. We must expect sider a nominee to this important Divi- Bill Lee’s record fundamentally sug- more of the Nation’s chief civil rights sion. gests is a willingness to read the civil law enforcer. Today, however, the Civil Rights Di- rights laws so narrowly—and to find IV. PROPOSITION 209 vision, and the Nation’s fundamental exceptions so broad—as to undermine I realize that some still embrace poli- civil rights policies, stand at a cross- their very spirit, if not their letter. Let cies that divide and sort by race. And

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11619 given the court’s narrow exception in holding in Adarand and the forceful that violations continue to exist, Lee Adarand, I am willing to consider a statement of law by the ninth circuit, argued that the Department’s ‘‘ap- nominee who believes such policies he would argue against the administra- proach seems sensible to me.’’ But the may be constitutional in limited cir- tion’s continued challenge to prop 209’s Department’s approach undermines the cumstances. It is fair that that view is constitutionality. He said he would spirit of the law, which places limits on heard. Yet, it is quite another matter support the administration’s position. judicial control of our prisons absent altogether when a nominee takes the After Mr. Lee’s hearing, I took it proof of a continuing constitutional position that the contrary view—that upon myself to offer an olive branch to violation. racial preferences should be prohib- the administration. I emphasized the Mr. Lee’s support for the Justice De- ited—is unconstitutional. Such a view fundamental problem I have with Mr. partment’s efforts to undermine the ef- of the law effectively silences dis- Lee’s and the administration’s view of fectiveness of the Prison Litigation Re- senting voices on this, the most impor- the Constitution as it relates to racial form Act further justify opposition to tant civil rights issue of our day. matters. I suggested that if this White his nomination. This view is yet an- Mr. Lee and his organization, the House could find its way to put aside other example of Mr. Lee’s approach to Western Office of the NAACP Legal De- the now-discredited argument that ef- the law, which suggests that when con- fense & Educational Fund, have led the forts like prop 209 actually violate the fronted with a law he doesn’t like, he opposition to California’s proposition Constitution, that it would be much creatively interprets the law in the 209, which said simply that no Califor- easier for my colleagues and me to sup- narrowest possible fashion, to allow nian can be discriminated against or port this nomination. It certainly him to pursue his ends contrary to the preferred by the State on the basis of would be something that would be spirit, if not the letter, of the law. race, gender, or national origin. He has helpful. That is unacceptable for one seeking to also challenged the University of Cali- On Wednesday of last week, I re- enforce the Nation’s civil rights laws. fornia’s efforts to comply with its ceived a letter from Mr. Lee explaining VI. LOS ANGELES CONSENT DECREE CASE colorblindness mandate, by com- that he would recuse himself from the I am also troubled by Mr. Lee’s in- plaining to the Federal Department of administration’s deliberations about volvement in an apparent effort to rush Education that the University’s race- its policy in the specific prop 209 case. through a consent decree in Los Ange- neutral use of standardized tests and And just yesterday, of course, the Su- les that would have bound the city to weighted grade point averages violates preme Court declined to grant certio- racial and gender hiring goals for 18 the civil rights laws. Even the anti-209 rari in the 209 case. But, important as years. Mr. Lee and other attorneys in director of admissions at the UCLA they are, those gestures do not lessen the case sought to have the proposed School of Law, Michael Rappaport, has my fundamental concern about Mr. consent decree approved by the city described the NAACP’s complaint as Lee’s view on the matter. Those devel- council and then by a magistrate judge ‘‘frightening’’ for universities wishing opments do nothing to preclude the ad- on the very day that the citizens of to employ rigorous academic stand- ministration from challenging future California were voting on proposition ards. That complaint is only part of a colorblindness efforts in the States, or 209. Proposition 209 would quite likely comprehensive effort by Mr. Lee and in the Congress—including my and prohibit enforcement of the goals in his organization to undermine the peo- Senator MCCONNELL’s Civil Rights Act the proposed decree. But by its terms, ple of California’s political judgment of 1997; they do nothing to provide the proposition does not apply to con- that their government should respect much needed leadership within the De- sent decrees in force prior to its effec- the rights of citizens without regard to partment on this most important pol- tive date. The decree was taken to the race. icy issue—creating yet another leader- magistrate without notice to the dis- Soon after 54 percent of Californians ship void within the Department; and trict judge presiding over the case, as voted to pass proposition 209, Mr. Lee’s at bottom, Mr. Lee’s letter seems little was required by local court rules; and office filed a brief in the Federal court more than a cynical ploy by the admin- more importantly in my view, Mr. Lee action challenging the constitu- istration to momentarily ease Mr. sought to have the decree approved tionality of the initiative, relying on Lee’s way to confirmation, while doing without a fairness hearing to assess the the cases of Hunter versus Erickson— nothing to address my underlying, sub- impact of the decree on individuals fair housing legislation—and Wash- stantive concerns about his interpreta- who might in the future be affected by ington versus Seattle—busing—to al- tion of the law. In the final analysis, its terms, but who were not rep- lege that 209 was an unconstitutional my concerns about Mr. Lee’s record are resented in the negotiations. restructuring of the political process vastly broader than simply how he It should be noted that even Los An- because minorities are no longer per- might counsel the administration in geles Mayor Richard Riordan, a sup- mitted to petition local governments one discrete case. porter of Mr. Lee’s nomination, and for preferential treatment. Of course, V. PRISON LITIGATION REFORM ACT then-Los Angeles Police Commission the Ninth Circuit Court of Appeals— Mr. Lee was also asked for his views President Raymond Fisher, the Presi- perhaps the most liberal circuit court on the Prison Litigation Reform Act, a dent’s nominee to be Associate Attor- in the Nation—forcefully and unequivo- piece of legislation that I sponsored ney General, both opposed the proposed cally rejected that argument, noting and worked hard to pass in the last decree. Mayor Riordan expressed con- that governmental racial distinctions Congress. In response to written ques- cern about the scope of outside enforce- are presumptively unconstitutional, tions from Senator ABRAHAM about the ment authority under the decree, and and concluded: Department’s enforcement of the Mr. Fisher called the decree ‘‘ex- As a matter of ‘‘conventional’’ equal pro- PLRA, Mr. Lee either defended unjusti- tremely intrusive to the operations of tection analysis, there is simply no doubt fied Department positions, or evaded the [police] department.’’ To seek even that Proposition 209 is constitutional. . . . the questions altogether. partial approval of a decree raising After all, the ‘‘goal’’ of the Fourteenth The PLRA establishes a 2-year limi- such concerns, without benefit of a Amendment, ‘‘to which the Nation continues tation on most consent decrees gov- fairness hearing, raises legitimate to aspire,’’ is ‘‘a political system in which erning prison operations. If after the 2 race no longer matters’’ (citation omitted). questions. . . . The Fourteenth Amendment, lest we years, a constitutional violation con- The district court judge, learning of lose sight of the forest for the trees, does not tinues to exist, the law provides that a the parties’ ploy through media ac- require what it barely permits. prisoner may petition a court to extend counts, resumed control over the case, (Coalition for Economic Equity, et al. v. the term of the decree. When asked citing the significance of a decree that Wilson, 122 F.3d 692 [9th Cir. 1997].) whether the Department was correct to would bind a government for 18 years, Earlier this year, the Clinton admin- argue that PLRA places the burden of and remarked that the decree ‘‘may istration filed an amicus brief in the proof on a defendant seeking to be re- present substantial constitutional ninth circuit supporting the constitu- lieved from a prison consent decree to questions.’’ The judge later noted in a tional challenge so decisively rejected prove that constitutional violations no memorandum order that by the appeals court. I asked Mr. Lee longer exist, rather than on a prisoner . . . the unusual procedures employed by whether, given the Supreme Court’s seeking extension of a decree to show the existing parties in this case—seeking

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11620 CONGRESSIONAL RECORD — SENATE November 4, 1997 same-day approval of the Proposed Decree race-conscious settlements from busi- President Clinton’s double-talk on the and requesting that no fairness hearing be nesses and governments, large and issue of racial and gender preferences. held—certainly raise alarm bells about the small. For example, he undertook a In the wake of the Adarand decision, adequacy of their representation [of poten- credit-bias probe of Chevy Chase Sav- tially affected individuals not represented in the President pledged to ‘‘mend it, not the negotiations]. ings & Loan in Maryland based largely end it.’’ In practice, however, the Mr. President, the very core of what on the fact that the bank had opened President’s policy on preferences can we must expect of an Assistant Attor- branch offices in the District of Colum- more accurately be described as ‘‘don’t ney General for Civil Rights is a stead- bia suburbs, but not in the city itself. mend it, extend it.’’ In fact, while the fast concern that every individual be There was no evidence that the bank Congressional Research Service tells us treated fairly—equally—under our had discriminated against qualified in- that there are at least 160 Federal pro- laws. Mr. Lee’s involvement in an ef- dividuals seeking bank services. Never- grams containing presumptively un- fort to lock in 18-year racial hiring theless, Mr. Patrick entered into a con- constitutional racial preferences, the goals for public employment without sent decree that essentially forced the President has seen fit to eliminate an opportunity first to consider the im- bank to open a branch in a low-income fewer than a handful of them. When pact of that race consciousness on indi- District neighborhood, and measures Mr. Lee was asked to suggest real or the bank’s compliance with the decree viduals who may fall on the wrong side hypothetical Federal programs that by assessing whether the the bank of those goals, suggests a willingness may not meet constitutional muster, achieves a loan market share in minor- to place group representation above he was able to come up with a whop- ity neighborhoods that is reasonably the rights of individuals to be treated ping one—one that the Clinton admin- comparable to its share in nonminority equally under the law. As Senators istration had already seen fit to elimi- neighborhoods. Mr. Patrick’s Civil sworn to uphold the Constitution, we nate. In fact, the Clinton administra- have a responsibility to reject that pri- Rights Division took it upon itself to tion has sought to pitch Mr. Lee, and ority for the Nation’s defender of civil decide where a bank must do business, itself, as something they simply are rights. While I do not question Mr. and then implemented dubious statis- not—centrists on civil rights policy. Lee’s integrity, I am concerned about tical measurements to determine his commitment to serve every citizen whether the bank’s efforts stayed clear In the end, my decision today is an of the Nation in equal measure. of the division’s view of the law. unhappy one. It brings me no pleasure Selecting an Assistant Attorney Gen- Mr. Patrick also forced municipali- to oppose the nomination of this fine eral for Civil Rights should not be a ties across the country to abandon activist lawyer and this very fine simple coronation of an effective civil tests used to evaluate candidates for human being. But fine human beings— rights litigator for a leading activist local police forces. In Nassau County, and certainly fine lawyers—can make organization. Enforcing the Nation’s NY, Patrick entered into a consent de- mistakes. And they can approach the laws on behalf of every American cit- cree that forced the county to abandon law in a way that is flawed, and that izen is a profoundly different role. De- a rigorous test that yielded a differen- disserves the laws they are sworn to spite that, Mr. Lee seems simply un- tial passage rate for different ethnic uphold. That is the case with this nom- able to distinguish his role as NAACP groups. The test now used by the coun- ination. Bill Lann Lee’s long record of activist litigator, and the role of As- ty, after the expenditure of millions of public service must ultimately be rec- sistant Attorney General. When asked dollars in the action, is so weak that onciled with the role he seeks. The As- by the Judiciary Committee to list the reading portion of the exam is now sistant Attorney General is America’s cases he filed at the LDF which he graded on a pass/fail basis. A candidate civil rights law enforcer, not an advo- would not file as Assistant Attorney passes the reading test if he or she cate for the political left. General, Mr. Lee simply replied that, reads at the level of the lowest 1 per- as a jurisdictional matter, he could not cent of existing officers. So much for Unfortunately, Mr. Lee’s under- bring State law claims as Assistant At- high standards. standing of the Nation’s civil rights torney General. Everything else is ap- In another case, Mr. Patrick ordered laws is sufficiently cramped and dis- parently fair game. Clearly then, Mr. Fullerton, CA to set-aside 9 percent of torted to compel my opposition. The Lee is unable to distinguish the sub- its police and fire department positions Assistant Attorney General for Civil stantive role of law enforcer for all for African-Americans, despite the fact Rights must abide by the law. In mat- citizens from that of a private activist that fewer than 2 percent of the city’s ters ranging from racial preferences, to litigator charged with pushing the lim- residents are black. proposition 209, to the Prison Litiga- its of the law. That is unacceptable for These cases suggest the damage that tion Reform Act, Mr. Lee has dem- an individual seeking to take the reins can be done when the resources of the onstrated a decided reluctance to en- of the Civil Rights Division’s massive Justice Department are brought to force our Nation’s civil rights laws as enforcement apparatus. bear to force defendants into consent intended, and in some cases his litiga- VII. DEVAL PATRICK AND CONSENT DECREE decrees. Such decrees are often attrac- tion efforts expose an outright hos- ACTIVISM tive to both parties. Preference ideolog tility to it. The Civil Rights Division Mr. Lee’s supporters have character- in the Justice Department win so- requires a better approach, and our ized him as a ‘‘pragmatist’’—a ‘‘prac- called voluntary commitments to un- courts, the Senate, and the Nation de- tical litigator,’’ rather than a pro-pref- dertake constitutionally suspect race- mand it. It is for that reason that I erence ideolog. That is a familiar tune conscious action to eliminate racial must oppose this unfortunate nomina- in this debate. Three years ago, the disparities; defendants save millions of tion. President nominated another indi- dollars in legal fees and receive a pub- Mr. President, I ask unanimous con- lic disclaimer of liability. Everyone vidual who was widely hailed as a prag- sent that I be permitted to enter into matist. Deval Patrick, another man for wins, except for consumers and individ- the RECORD several items that echo my uals on the losing end of the racial or whom I have a high personal regard, concerns about Mr. Lee’s record. I was described by one paper as ‘‘a prac- gender goals and preferences. would like to enter a letter from 16 Re- tically oriented working lawyer.’’ Given Deval Patrick’s excesses in the publican members of the California Based upon those assurances, I resolved Department, I am unprepared to again congressional delegation; a statement to set aside my concerns about Mr. give the benefit of the doubt to a lib- from California Gov. Pete Wilson; and Patrick’s views, gave him the benefit eral activist nominee described by po- letters from Mr. Ward Connerly of the of the doubt, and supported his nomi- litical allies as a pragmatist and a con- American Civil Rights Institute in nation. ciliator. When asked at his hearing But upon assuming the reins of the how he would differentiate his views California, and Ms. Susan Au Allen, Civil Rights Division, Mr. Patrick re- from those of Mr. Patrick, Bill Lee was president of the U.S. Pan-Asian Amer- vealed himself to be a liberal civil unable to muster a response. ican Chamber of Commerce. rights ideolog. He used statistical ra- VIII. CONCLUSION There being no objection, the mate- cial imbalances and the vast resources I am sad to say, Mr. President, that rial was ordered to be printed in the of the Justice Department to extract Bill Lann Lee has fallen victim to RECORD, as follows:

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11621 CONGRESS OF THE UNITED STATES, nation to this post and encourages your lead- policy and issues within our Nation’s Washington, DC, October 30, 1997. ership in rejecting this nomination. An indi- press reported the best-kept nonsecret Hon. ORRIN G. HATCH, vidual who neither understands or respects in Washington; namely, what has al- Chairman, Senate Committee on the Judiciary, the people’s and the court’s commitment to ready been discussed or leaked or trial Washington, DC race-neutral laws and policies does not de- DEAR MR. CHAIRMAN: We, the undersigned serve this important position. ballooned or decided upon and reported members of the California Congressional del- Sincerely, for weeks in the United States and the egation, wish to express our deep concern re- WARD CONNERLY, international media has finally become garding the confirmation of Mr. Bill Lann Chairman. public—sort of. Lee as the Assistant Attorney General for In the last days of this session, the Civil Rights. This confirmation is of par- STATE OF CALIFORNIA, administration apparently will now ticular concern to California. GOVERNOR’S COMMUNICATIONS OFFICE, consult with the Congress and today California Governor Pete Wilson said, ‘‘All September 25, 1997. announce what has been obvious, and of the relevant evidence suggests that Mr. [Memorandum] Bill Lann Lee will not enforce the civil that is, Mr. President, that the United rights laws as defined by the courts but as To: John Kramer, Institute of Justice. States has no intention of leaving Bos- desired by special interest advocates of un- From: Kim Walsh. nia by the once stated deadline of the constitutional and unfair preferences. It is Subject: Statement from Governor Wilson. Summary: Below is a statement from Gov- 8th of June of next year. time we had a civil rights enforcer who en- ernor Pete Wilson regarding the nomination President Clinton has not said this forced the law, not distorted it.’’ of Bill Lann Lee as Assistant Attorney Gen- outright. The position to date is that We find it very disturbing that Mr. Lee has he has not ruled out staying beyond actively advocated quotas and preferences. eral: ‘‘All of the relevant evidence suggests that He attempted to force through a consent de- June 8. However, given the overall Mr. Bill Lann Lee will not enforce the civil gree mandating racial and gender pref- goals of the Dayton accords in jux- rights laws as defined by the courts but as erences in the Los Angeles Police Depart- taposition with the ongoing ethnic desired by special interest advocates of un- ment. The Washington, DC-based Institute apartheid reality in Bosnia, the con- constitutional and unfair preferences. It is for Justice issued a twenty-page report on time we had a civil rights enforcer who en- cern of our allies, the coming of winter Lee’s litigation for the NAACP Legal De- forced the law, not distorted it.’’ in Bosnia, and the crucial and obvious fense Fund, which has furthered legal action need for U.S. and allied commanders to challenging the California Civil Rights Ini- UNITED STATES PAN ASIAN have enough time for central planning tiative and supported racial preferences and AMERICAN CHAMBER OF COMMERCE, forced busing. The study’s author and Insti- have all forced the administration’s Washington, DC, October 28, 1997. tute director Clint Bolick stated, ‘‘Lee’s as- hand. Re: Nomination of Bill Lann Lee as Assist- sault on Proposition 209 and his support of Simply put, the clock is moving to- ant Attorney General for Civil Rights. racial preferences raises serious questions ward the stated deadline to have the about his suitability as the nation’s top civil Hon. ORRIN HATCH, SFOR mission in Bosnia completed. rights official.’’ Mr. Bolick further stated, Chairman, Senate Committee on the Judiciary, And simply put, whatever that mission ‘‘Unless Lee makes clear he will not transfer U.S. Senate, Washington, DC. DEAR CHAIRMAN HATCH: Please vote against is and despite recent and obvious his personal agenda to the Justice Depart- changes under our stated mission, it is ment, the Senate should not confirm him.’’ the nomination of Bill Lann Lee as Assistant It appears to be fundamentally incompat- Attorney General for Civil Rights. I enclose not complete. ible for the Senate to confirm as the Assist- a copy of the actual testimony I gave at Mr. It is long past the time for the Presi- ant Attorney General for Civil Rights an in- Lee’s nomination hearing before the Senate dent and his national security team to dividual with a record of advocating racial Committee on the Judiciary Last week. simply tell it like it is. Despite the discrimination through quotas and pref- Mr. Lee believes the California Civil past promises to limit our engagement erences. We respectfully urge the Senate Ju- Rights Initiative (Proposition 209) is uncon- to 1 year, and then 2 years, and now in- diciary Committee to carefully and thor- stitutional. Thus, he is the wrong person to hold the nation’s top civil rights enforcer po- definitely—I might add, promises that oughly review Mr. Lee’s philosophy on basic should not have been made and could civil rights issues before voting on his con- sition. firmation. Proposition 209 mirrors the language of the not be kept—we are in Bosnia, for bet- Sincerely, Civil Rights Act of 1964. Mr. Lee’s latest as- ter or worse, for the long haul. HOWARD ‘‘BUCK’’ MCKEON. sertions during his nomination hearing, of First of all, our commanders and DANA ROHRABACHER. his opposition against Proposition 209, adds troops in the field know there are KEN CALVERT. to our apprehension that he will further di- many actions that need to take place vide America along racial lines because of JAMES E. ROGAN. now or should have already taken place his conviction that civil rights are not for all ED ROYCE. if, in fact, we are serious about ending FRANK RIGGS. Americans, but select Americans based on their race and gender. Should he become the the commitment in Bosnia in June ELTON GALLEGLY. 1998. From a military point of view, we DAVID DREIER. nation’s top civil rights enforcer, he will JERRY LEWIS. have 250 lawyers to help him do the job. This have established significant infrastruc- WALLY HERGER. must not happen. America cannot afford it. ture in Bosnia to support the SFOR I ask you to vote against his nomination as RON PACKARD. troops, and unless we just intend at the Assistant Attorney General for Civil SONNY BONO. great cost to abandon what we have es- Rights. JOHN T. DOOLITTLE. tablished—and we are not going to do Sincerely, BRIAN BILBRAY. SUSAN AU ALLEN. that—the military needs a plan and TOM CAMPBELL. time to remove equipment, to dis- ‘‘DUKE’’ CUNNINGHAM. Mr. HATCH. Mr. President, I yield the floor. assemble buildings, to conduct the en- AMERICAN CIVIL RIGHTS COALITION, Mr. ROBERTS addressed the Chair. vironmental cleanup and a myriad of Sacramento, CA, October 23, 1997. The PRESIDING OFFICER (Mr. other tasks. Hon. ORRIN G. HATCH, INHOFE). The Senator from Kansas is Several months ago, I visited Bosnia, U.S. Senate, Washington, DC. recognized. and I saw firsthand the extent of our DEAR CHAIRMAN HATCH: I watched with in- WAIVING MANDATORY QUORUM IN RELATION TO involvement and developed an under- terest yesterday’s hearing on the nomination H.R. 2646 standing of the complexity required to of Bill Lann Lee as Assistant Attorney Gen- extract the SFOR troops should that eral for Civil Rights. Prior to the hearing, Mr. ROBERTS. Mr. President, I ask my organization hesitated in taking a formal unanimous consent, pursuant to rule decision be made. On that same trip, I position on his nomination. XXII, that the mandatory quorum in visited Taszar, Hungary, the staging However, his comments of yesterday— relation to H.R. 2646 be waived. base for U.S. troops going into and namely, that he believes Proposition 209 is The PRESIDING OFFICER. Without coming out of Bosnia. Taszar also pro- ‘‘unconstitutional’’ and that he disagrees objection, it is so ordered. vides operational support for logistics with Adarand v. Pena—lead us to believe the f in Bosnia. most powerful civil rights law enforcement I asked the commanding general in position in the United Stares belongs not to UNITED STATES PRESENCE IN Taszar, what is the drop dead time to Mr. Lee, but to a nominee who respects the BOSNIA law of the land. support an orderly withdrawal from As of today, the American Civil Rights In- Mr. ROBERTS. Mr. President, yester- Bosnia and fully restore the facilities stitute is formally opposing Mr. Lee’s nomi- day those who cover national security in country? And his answer was, 9 to 10

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11622 CONGRESSIONAL RECORD — SENATE November 4, 1997 months to do the job right. Guess A ‘‘dissuasion’’ force will take over from Bosnian policy. This is a matter of law. what? We are already past that dead- the NATO-led Stabilization Force in Bos- These provisions are about being hon- line. We should have already made the nia. . ., Defense Minister Volker Ruehe told est with the American public. decision and started to work. But ap- the weekly Der Spiegel. The new ‘‘Deterrent I want to thank the distinguished Force’’ will be significantly smaller than parently we have not because the SFOR, which [now] numbers 36,000 men. . . chairman of the Senate Appropriations President has not publicly admitted Committee for referring to these what is obvious to most people—we These, Mr. President, are but a few amendments as the Roberts amend- have no intention of leaving Bosnia in examples of reports of a debate and ment. We have had long talks about June 1998. All I am asking of the Presi- subsequent decisions that apparently the need to become candid. dent and the administration is to be have taken place on future actions in Specifically, these provisions require candid, come before the people and ex- Bosnia involving NATO and United the President to certify to Congress by plain his intention concerning our States forces. But the sad commentary May 15 that the continued presence of commitment in Bosnia. is that the Congress and the American United States forces in Bosnia is in our Even a casual reading, Mr. President, people have been left out of this impor- national security interest and why. He of U.S. and European newspapers re- tant discussion. must state the reasons for our deploy- veals numerous stories spelling out the All I am asking, Mr. President,—I am ment and the expected duration of de- need for continued presence of NATO referring to President Clinton—is for ployment. forces past June 1998. These stories fre- you to be candid. Let us have straight He must provide numbers of troops quently quote U.S. administration and talk. Come clean. Come to the Con- deployed, estimate the dollar costs in- NATO ally decisionmakers. Let me gress. Tell us your plan. Let us know volved, and give the effect of such de- give you an example of what I am talk- what your thoughts are and the forces ployment on the overall effectiveness ing about. required after June 1998. of our overall United States forces. New York Times, just last week: It is my understanding that this Most importantly, the President ‘‘Policymakers Agree on Need to ex- afternoon, at approximately 4:30, that must provide a clear statement of our tend U.S. Mission in Bosnia.’’ many Members of Congress, the Sen- mission and the objectives. The Clinton administration’s top foreign ate, will go to the White House to enter And he must provide an exit strategy policymakers have reached a broad con- into a discussion finally on the admin- for bringing our troops home. sensus on the need to keep some American istration’s decision in regard to Bosnia. If these specifics are not provided to troops in Bosnia after their mission ends in I have tried to understand why the the satisfaction of Congress, funding June of next year. President is reluctant to directly en- for military deployment in Bosnia will The article further quoted the White gage the Members of this body on this end next May. Let me repeat: We are House National Security Adviser, vital foreign policy matter. Perhaps it requiring the administration to clearly Sandy Berger: ‘‘We must not forget the is because there has been some mis- articulate our Bosnia policy, justify important interests that led us to work understanding or maybe even he has the use of military forces, and tell us for a more stable, more peaceful Bos- misled us on his intent in Bosnia for when and under what circumstances nia’’ including European stability and the past 3 years. our troops can come home. NATO’s own credibility, he said at ‘‘We’ll be out in just 1 year.’’ That I do not think that is asking too Georgetown University. ‘‘The gains are was the first statement that is starting much. not irreversible, and locking them in to ring a little hollow on the Hill. Does In my view, events of recent weeks will require that the international he think that we are so naive that we make this an urgent matter, Mr. Presi- community stay engaged in Bosnia for will not notice that the term ‘‘SFOR’’ dent. It has become increasingly clear a good while to come.’’ has been replaced by ‘‘DFOR,’’ and we that in the wake of the Dayton accords In the Great Britain Guardian, also will think he has kept his commitment this administration has, to some de- last week; ‘‘Bosnia forces await US to end SFOR in June 1998? I think not. gree, lost focus and purpose in Bosnia. Green light.’’ Mr. President, the issue is not the Just consider the following: Although the multinational NATO-led name of the commitment but the com- After drifting for months, and with Forces are supposed to disband next June, mitment itself. The use of United elections on the near horizon, and the plans for a follow-on force—unofficially the States forces in Bosnia is what we are crippling winter only days away, I be- Deterrent force (D-Force)— concerned about. lieve the mission has been changed. We We are going from IFOR to SFOR to Some have suggested that the reluc- have gone from peacekeeping, which is DFOR— tance on the part of the President is the stated goal, to peace enforcement have already begun. the concern of two events: NATO en- with very dubious tactics. The article continues: largement and the decision on Bosnia Item. Troop protection, refugee relo- But senior military officials are reluctant will happen at about the same time cation, democracy building, and eco- to talk openly— next year and that both will be nega- nomic restoration and, the other policy Let me repeat this, Mr. President— tively impacted in the debate in Con- goal, ‘‘Oh, by the way, if we run across But senior military officials are reluctant gress. That certainly could happen. a war criminal, well, let’s arrest to talk openly until a skeptical United He could be right, if an examination him’’—that has all been replaced. States Congress has been convinced there is into the commitment in Bosnia and the Today, we see increased troop no alternative to staying on. debate on enlarging NATO occurs at strength—we are not revolving the The Financial Times as of Tuesday, the same time—that debate should troops home—have picked a United October 14: ‘‘Solana plea over Bosnia take place at about the same time— States candidate for president of Bos- support.’’ and there will be troubling questions nia—we are no longer neutral—we have Javier Solana, the NATO secretary gen- raised. embarked upon aggressive disar- eral, made his strongest plea to date for ‘‘a But the fact remains that we are in mament and the location, capture and long-term commitment’’ by the alliance to Bosnia, SFOR ends in June 1998, and peacekeeping in Bosnia. prosecution of war criminals. the administration has done much Is this mission creep or long overdue Continuing, the article states: work on the follow-on forces in Bosnia. action? We do not know. Following the lead of US administration Again, however, the administration has The world was treated to the spec- officials who have recently started to pre- failed to include the Congress in its de- pare public opinion for some residual US role tacle of American troops, the symbol of in Bosnia after the middle of next year, Mr. cision process. That time is now. defenders of freedom, taking over a Solana said: ‘‘NATO troops cannot and will These questions are not difficult. Bosnian television station in an effort not stay indefinitely, but NATO has a long- They are challenging, but they are ob- to muzzle its news. And the troops were term interest in and commitment to Bos- vious. then stoned by angry citizens. nia.’’ I would like to review the require- In our new role as TV executives in The French Press Agency, 3 weeks ment added to the defense appropria- Bosnia, we actually suggested what ago: ‘‘A ‘dissuasion’ force to replace tions bill that requires the President to kind of programs could be run and SFOR in Bosnia.’’ provide certain information on our what kind of programs could not be

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11623 run. We ordered TV stations to read an modernization, procurement, quality of implications it may not be able to mas- apology concerning their inaccurate life for the armed services to protect ter’’ and that ‘‘America has no [vital] and unfair broadcasting. We wrote the our vital national security interests? national interest for which to risk lives message for them and required they Or is the administration prepared to to produce a multiethnic state in Bos- read it every day for 5 days. come clean and ask for the money up nia.’’ Gen. Wesley Clark is now a new TV front? Mr. President, no more drift. It is executive in determining what goes on Finally, I offer these thoughts, Mr. time for candor and clear purpose. Let television and what does not. President. All of us in this body des- the debate begin when the White House The Washington Times reported perately want lasting peace in Bosnia. meets, finally, with Members of Con- United States troops have become the I know it is easy to criticize, but we gress this afternoon. butt of jokes in Bosnia because of preg- want the killing to stop. We all want I yield the floor. nancies. It seems the pregnancy rate that. We want stability in that part of The PRESIDING OFFICER. The Sen- among our female soldiers is between the world. We do not want a Palestine ator from Connecticut. 7.5 to 8.5 percent. The Bosnia media in the middle of Central Europe. Per- f joked that the peacekeepers are breed- manent peace, permanent stability, but EDUCATION SAVINGS ACT FOR ing like rabbits while turning a blind wishing—wishing—it does not make it PUBLIC AND PRIVATE SCHOOLS eye to war criminals on the lam. so. In a country where any benevolent Richard Grenier, writing for the Mr. DODD. Mr. President, I know we leader is very scarce, we have chosen Washington Times, put it this way: have a vote at about 11 o’clock and my up sides, we have picked our can- . . . generally speaking, Serbs didn’t love colleague from Georgia wants to be didates, supporting the cause of one Croats, Croats didn’t love Serbs, nor did ei- heard before that time. I will try and candidate over another. I might add, ther of them love Muslims. Reciprocally, move this along. that candidate has lost support as a re- Muslims loved neither Croats or Serbs. Mr. President, the vote around 11 sult. What happened to the lessons we’re sup- o’clock is on a cloture motion dealing Elections were conducted, but to cast posed to have learned in Beirut and Somalia? with a proposal that has been offered ballots, many citizens had to be bussed What happened to our swearing off of mis- by my colleague from Georgia, whom I sion creep? In Beirut we were intervening in back to their homes, which they now respect greatly and agree with on Lebanese domestic affairs, which led to the many issues. On this one we disagree, cannot live in or may never occupy, death of 241 U.S. Marines. Our mission in So- and then bussed out. malia, originally purely humanitarian, ex- not because of his intent at all, but NATO forces, which include U.S. panded like a balloon as we thought, given rather because I am concerned it is not troops, have been cast into the role of our great talent, we could build a new So- the best use of scarce resources. Even cops on the beat, chasing war crimes mali nation. [We all saw] what happened. though our budget situation is vastly suspects. Just to arrest Mr. Karadzic, But here we go again in Bosnia. Once again improved from what it was even a few we are told, try him for war crimes and our goal was at first laudably humanitarian: months ago—with the deficit now down our problems will be solved. But as the to stop the killing. around to unimaginably low levels— New York Times recently pointed out: We have done that, thank goodness. still we must make careful decisions ‘‘[Mr.] Karadzic reflects widely held But it expanded as we thought how won- about how to best invest those dollars. views in Serbian society.’’ If you bring derful it would be if we could build a beau- When you are trying to help out him to trial in The Hague, somebody tiful, tolerant, multi-ethnic Bosnia, on the working parents with the costs of rais- else will take his place. model of American multiculturalism. . . ing children, the question becomes one Do these events reflect a sound and Gen. John Sheehan, a Marine gen- of priorities in allocating resources. As defensible Bosnian policy that is in our eral, just stated in the press—and a re- I understand it, if the cloture motion national interest? Or do they sound an markable candidate interviewed just that will be offered shortly were to be ominous alarm as America is dragged this past week—we can stay in Bosnia agreed to, an amendment that I would down into a Byzantine nightmare for 500 years and we would not solve like to offer would be foreclosed be- straight out of a Kafka novel? the problem. It is a cultural war. It is cause it would probably not pass the Ask the basic question, ‘‘Who’s in an ethnic war. procedural test of being germane. I am charge and where are we heading?’’ and The Bosnian situation is complex. concerned about that, and for that rea- to date there has been silence from the And it is shrouded by centuries of con- son will oppose the cloture motion. administration. But that silence flict that only a few understand. They The amendment I would offer, Mr. speaks volumes, Mr. President, about have had peace and stability and order President, would propose a substitute the lack of direction and focus of our and discipline only a few times in their to what our colleague from Georgia has Bosnian policy. history—the latest being with an iron offered. My proposal would allow for a If the provisions of the defense appro- fist by Marshal Tito. refundable tax credit for child care. As priations bill do nothing else, they Is that what NATO is going to be all it is right now, we have some 2 million should force a major reexamination of about? What we have seen in recent American families—working families; our Bosnian involvement from top to months is a lull in the fighting, unfor- not on welfare, but working—who don’t bottom. tunately not its end. It is a fragile have any tax liability at all and, there- As Chairman STEVENS, the distin- peace held together only by continued fore, cannot claim the current child guished chairman of the Senate Appro- presence of military force. How long care tax credit. priations Committee, will tell you, our can that continue? Are we prepared to The affordability and quality of child involvement in Bosnia has come at a pay the price? care, Mr. President, is an area in which large price. There are approximately National Security Adviser Sandy most Americans are developing a grow- 9,000 American troops in Bosnia. That Berger said the United States must re- ing sense of concern. The recent trag- is closer to 15,000 today. That is nearly main engaged in Bosnia beyond June of edy in Massachusetts that we have all one-third of the NATO troops involved. next year, but that continued Amer- been witness to over the last several Dollar costs are escalating. From ican troop presence has not been de- days, highlights the concerns that mil- 1992 until 1995, the United States spent cided. lions and millions of American families about $2.2 billion on various peace- This afternoon, when Members of have today about who will care for keeping operations in the Balkans. Congress meet at the White House, it is their children and whether they can af- From 1996 through 1998, costs are esti- time to decide what the specifics of our ford to place them in a quality environ- mated to be $7.8 billion. That figure, Bosnian policy will be. ment. too, is escalating. Compare that statement of our Na- In contrast, when we are talking In justifying our policy in Bosnia, tional Security Adviser, Sandy Berger, about education, choices do exist for the administration must include a plan with that of the advice of former Sec- parents. There are 53 million American to fund the costs. Do they intend to retary of State Dr. Henry Kissinger, children who are in our elementary and take these rising costs out of the cur- who wrote just this past week: ‘‘Amer- secondary schools at this very hour. rent defense budget, money we need for ica must avoid drifting into crisis with About 90 percent of them are in public

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11624 CONGRESSIONAL RECORD — SENATE November 4, 1997 schools, about 10 percent in private and I yield the floor. transportation for extracurricular ac- parochial schools. There is a choice, Mr. COVERDELL. Mr. President, I tivities, school uniforms or, most im- Mr. President. Parents have a choice. ask unanimous consent that I be per- portantly in my mind, after-school tu- Now, it is expensive in some private mitted to complete my remarks prior tors to help with the advancing math and parochial schools, but the choice of to the scheduled 11 a.m. vote. and science curriculum in our schools. free public schooling is there. It is not The PRESIDING OFFICER. Without Third, also a compelling aspect of a great choice in many areas because of objection, it is so ordered. this case is not only is it private the condition of our public schools, but Mr. COVERDELL. Mr. President, money, not only would much of it go to at least affordability is not an issue. originally we were allocated some 15 public school students, but it will also When it comes to child care, Mr. minutes for comments prior to the stop potentially the hemorrhaging loss President, there really are not many vote. Under this unanimous consent, I of private schools in this country. A choices available to parents. If you are yield up to 7 minutes of my time to my parochial school in America closes coming off welfare, if you are working, distinguished colleague from New Jer- every week. We are not opening up you have to place your children some- sey. enough public schools to make up the place. The issues of quality and acces- Mr. TORRICELLI. I thank the Sen- difference. At a time when education is sibility are obviously important, but if ator from Georgia for yielding. the Nation’s principal challenge to our you can’t afford it at all, if you can’t Mr. President, through the years economic well-being, the number of afford the $4,000 to the $9,000 a year there has been no more compelling that it costs to place your child in a classrooms and chairs for American voice on the floor of this Senate for the students is declining. This is the use of child care setting, you have no choices. interests of children and families than Today, when we have working fami- private savings, private resources, to Senator DODD. Today is no exception. stop that hemorrhaging loss. lies out there that are barely making it Senator DODD has made a compelling Critics argue this is money that is and we have about $2 billion in tax case for the need for child care in going to help the wealthiest families in credits we can offer, I ask the question America. I could not agree more America when we should be doing more of my colleagues of whether we can’t strongly. I wish he had a chance on this for working families. On the contrary. do something to help. While we might day to have his amendment offered, First, there is a cap in the legislation like to do everything for everyone if we and I would join in voting with him. of $95,000 for single filing taxpayers. could, given the choice of providing a The choice before the Senate today is tax credit to someone making $85,000 a Overwhelmingly, three-quarters of this not a choice between Senator COVER- year to send their child to a private money is going to families that earn DELL’s proposal and Senator DODD. less than $70,000 a year. This is the an- school or saying to a working family Both have merit. I would support each. that is barely making it, here are some swer to giving working families a Senator COVERDELL’s proposal is fully chance to get involved in the education resources that will allow you to place paid for by offsetting the elimination of their children. your child while you work in a decent of a corporate deduction. It has no neg- child care setting, what choice do we ative impact on the budget. It is paid Mr. President, I make no case for the make? Do we provide a tax break, with procedures involved in this. There are for, as Senator DODD’s amendment, in- all due respect, to people who have a deed, can also be paid for. worthwhile additions to this bill I choice? Or do we offer a refundable tax What the Senate has before it today would like to support. Senator credit of roughly the same cost as Sen- is a chance to escape this continuing LANDRIEU and Senator GRAHAM have a ator COVERDELL’s amendment to work- nonproductive dialog about whether or worthwhile proposal for prepaid tui- ing families, struggling to hold body not we will engage in vouchers for pri- tions. I believe in Senator DODD’s pro- and soul together—people who have no vate school or leave the plight to pri- posal for day care and child care. I choices. vate school students unanswered. Sen- would like to see the Senate address Mr. President, the other day there both. Indeed, in time, I hope and I trust was an article in the Hartford Courant ator COVERDELL has offered an imagi- native answer by expanding what is in- that we will. about a woman who has three children, But on this day we address the ques- making $6.50 an hour. She has a small deed a proposal that the Senate adopt- ed earlier in the year for HOPE schol- tion of whether or not families will be apartment and a 1981 automobile. Now able to use their own resources to be- she is about to leave welfare. She will arships offered by President Clinton. By that same concept of allowing fami- come involved in their own planning lose her welfare benefits of $500 or $600 for their children’s public or private a month. That ends this week. Now, at lies to save their own money to make their own choices for the education of education. This Congress has been pre- $6.50 an hour, with three kids, trying to sented with a series of challenges by keep an apartment, trying to keep her their families, Senator COVERDELL’s proposal would be expanded to high the President. One was to address new family going, I would like to say to her resources to education. We do it. Sec- I can’t do everything for you with re- school and grade school. It is an economic sense and a compel- ond, to get families back involved. We gard to your children as you go to do it. Third, he has stated a great na- work. But I would at least like to say ling answer to a real national dilemma. First, that the education of a child and tional goal to get every school in that I can offer you a refundable tax America online into the new century. credit—because at $6.50 an hour you are some of those decisions be retained by We go beyond it. Sixty percent of not paying taxes—and give you a break families, where families use their own American families and 85 percent of to see that your three children can be resources—not just mothers and fa- minority students have no access to a in a child care setting where they may thers but aunts, uncles, sister and home computer. They are not going to be safe. brothers—who may not be able to put The question is, do I try to help her? away $2,000 or $2,500 in a year with lim- school on an equal basis with all other Or, with all due respect, do I instead ited resources, but can on every birth- American students. They don’t have it help someone making—$50,000, $60,000, day and every anniversary and every for their homework, they don’t have it or $70,000 a year to go to a private holiday put away $10, $20, and $100 so for composition, they don’t have it for school in Washington, Maryland or Vir- that during the course of a child’s life research. The Internet and those com- ginia? Those are the kind of choices we those resources are available, families puters are the principal tool for Amer- have to make. are involved, using their money. ican students in the 21st century. I argue very strongly that when you Second, it isn’t just a question of Under the Coverdell-Torricelli pro- have limited resources, let’s put them whether this money would be available posal not only will America schools be to work for people who are struggling for private school students. The Joint online but so will American families at out there, who need the help the most. Committee on Taxation estimates that home because these students can use Because I can’t offer an amendment 70 percent of the families who would these A-plus accounts to buy that that I think would make the right avail themselves of these resources equipment for home. choice if cloture were adopted, with all would be public school students be- Mr. President, I join with Senator due respect to the authors of the cause under the proposal that money is COVERDELL on this day, asking that amendment, I will oppose cloture. available to buy home computers or this be a genuinely bipartisan answer

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11625 for a genuinely bipartisan problem. essentially, grades kindergarten come forward to help? This is the kind Education is the American issue of through high school, which is where of tool that would be used. That com- these last years of the 21st century. It our problems are; although it could be munity could set up an education sav- is the question of whether or not Amer- used in college. ings account for the surviving children ica maintains our standard of living Senator DODD, in his remarks, in- so that they would be more able to deal and is economically competitive. Edu- ferred that these were resources that with their educational needs as they cation is an issue without par in this were going to allow somebody to enjoy grow older without their father or Congress and in this country. This may private education. I think it’s impor- mother. not be a total answer. It is certainly tant that we take an overview of the I can envision a company saying, not the last of the answer but it is an entire proposal. The Joint Committee well, we will put $50 a month in the ac- important addition for the labyrinth of on Taxation says that the education count for the children that work for issues and questions we must walk savings account will be used by 14 mil- our employees if the employee will through in answering the education lion American families. That probably match it. By the end of the year, that question. equates to 20 to 25 million children would be half of the amount of money Mr. President, I thank the Senator that would be the beneficiaries of this that is legally available; that would be from Georgia for yielding the time. concept. That is almost half the school $1,200. So it’s an instrument that al- Mr. COVERDELL. Mr. President, I population in the United States that lows the entire community, the entire want to compliment the Senator from would benefit from this new structure, family to bring together resources to New Jersey for his remarks, and more this education savings account. And help with whatever problem that child importantly, for his steadfast support 10.8 million of these families would be may confront when they get to school. of this proposal, and not always under families with children in public The other side has tried to describe it the easiest of circumstances. He has schools. Seventy percent of all the as a voucher. It’s not. A voucher is pub- been a great colleague and advocate value of these savings accounts will go lic money given to the parents to de- and I have enjoyed working with him to augment public schools. Thirty per- cide what to do with. This is the par- on this proposal. cent will augment those that are in a ents’ money. This is private money. We Where we find ourselves, moments private school. are allowing the parents an oppor- away from this vote, Mr. President, is It is statistically insignificant, but it tunity to get focused on that child’s that the filibuster could not be broken is a fact that some families will use the education, and just with the attention last week and it was suggested that if account to change schools. But in the alone in creating 14 million family ac- we could just iron out a few amend- overall picture, you are essentially counts like this, there will be an atti- ments that both sides would come to- bringing new dollars that don’t have to tude change. You know, they can get gether. be taxed, new dollars that people are focused on it and they think of their Over the weekend we suggested that saving themselves and, as Senator child and what that child needs, and we would agree to two or three amend- TORRICELLI said, families becoming in- they will have an exhilarated feeling of ments on both sides and try to proceed. volved, families setting aside money to putting a resource in that account once That would require a unanimous con- augment the child’s education defi- a month, or every quarter, or on holi- sent, or for those listening, a unani- ciency. days, as Senator TORRICELLI said. mous agreement—everybody will have Now, I call these dollars smart dol- They have said this goes to the to agree. The other side of the aisle lars. They are smart dollars because wealthy. It does not. It goes to the cannot secure that. the family is directing their expendi- middle class. They have even said, at Given the hour of this session, this is ture, and we know that it will, there- one point, well, it doesn’t amount to no time to open it up to a free-for-all. fore, go to the exact child deficiency, much. If it doesn’t, I can’t imagine why So the filibuster will probably continue which may be the fact that the child in the devil I am facing this filibuster and why the President said he would and my prediction is, fall a vote or two does not have a home computer; it may veto the entire tax relief plan if this short of ending the filibuster and pro- be that the child needs a math tutor; it ceeding with what would be easy pas- proposal were in the tax relief bill. may be that the child is experiencing Mr. President, this is an idea whose sage of the education savings account. dyslexia or some medical problem and time has come. The education savings It is unfortunate, because every time the family will be able to augment and account is going to become law. It is we delay these ideas another week, an- help support a learning disability. just a matter of time. I hoped we could other month, we just slow down the Well, the list goes on and on and on, as do it in this session, but I think the fil- great need to get at the problems in to the kind of particular or peculiar de- ibuster is, once again, going to deny a education in grades kindergarten ficiencies that the child may suffer. good idea. America, as Senator through high school. Every time we This allows a resource to be gathered TORRICELLI said, is focused on edu- delay, we create another student whose together to be put right on the prob- cation. It will not accept the status economic opportunity, whose chal- lem. Unfortunately, you can’t get that quo. It is going to force new ideas. We lenges in this society will be inhibited kind of utility for most public dollars. cannot afford to have a failed elemen- because of a lack of resources that As Senator TORRICELLI said, 70 per- tary education system in place as we might have been made available to cent of all these resources will assist come to the new century. that child. families making $75,000 or less. So it’s So, Mr. President, I thank my col- However, the adoption of this con- going right to the hardest pressed, the leagues on the other side of the aisle cept is inevitable. The status quo, middle class. It’s right on target. that have stood up to the special inter- which has fought from day one and Mr. President, there is another ests and have said we are going to continues to do everything it can to unique feature about the education change the status quo. I appreciate all block almost any new idea, will not savings account. The education savings the assistance from the colleagues on prevail. The American people will over- account, which for most people would my side of the aisle. ride the status quo, and ideas like the resemble an IRA, is different in that it I yield the floor. education savings account are going to would allow sponsors to contribute to Mr. GRAMS Mr. President, today we become law. My prediction is that, the account. That could be an extended will vote on whether to invoke cloture come February 1998, this proposal will family member, an uncle, aunt, cousin, on a bill—H.R. 2646—that would allow be back before us and we will ulti- grandparent. More importantly, it parents to save money for their chil- mately secure passage of it. could be a church, it could be an em- dren’s education without incurring tax Just a reminder. Mr. President, the ployer, it could be a community assist- liability. education savings account will allow ance organization, it could be a labor The proposed new education savings families to save up to $2,500 a year of union. The imagination can’t even per- account, which expands existing law, their own aftertax money, and the in- ceive the kinds of community activi- would allow families to contribute up terest buildup would not be taxed if the ties. How often have we seen a law en- to $2,500 per year in a savings account proceeds of the principal and interest forcement officer fall in the line of for a variety of public or private edu- are used to help an education purpose— duty and the community wants to cation-related expenses. Congress had

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11626 CONGRESSIONAL RECORD — SENATE November 4, 1997 earlier voted to support the Coverdell Senator COVERDELL’s proposal would Families in the lowest income brack- amendment 59 to 41, on June 27. spend $2.5 billion over the next 5 years ets—those making less than $17,000 a Currently, the reconciliation law we on subsidies to help wealthy people pay year—will get a tax cut of all of $1—$1. passed this year as part of the budget the private school expenses they al- But, a family earning over $93,000 will agreement, allows parents to save up ready pay, and do nothing to help chil- get $97. to $500 per year for their children’s col- dren in public schools get a better edu- Proponents also claim that these lege education without penalty. cation. IRA’s do not use public money. The The new education savings accounts It is important to strengthen our na- money invested in the accounts, are more expansive in that they allow tional investment in education. We whether by individuals, their employer, the money to be used for children’s should invest more in improving public or their labor union is their own kindergarten through 12th grade edu- schools by fixing leaky roofs and crum- money, not public funds. cation expenses as well as college. bling buildings, by recruiting and pre- But the loss to the Treasury is clear. Our adoption of this bill without fur- paring excellent teachers, and by tak- This proposal will cost the Treasury ther delay comes at a notable time, a ing many other steps. $2.5 billion in the first 5 years. It is time of increasing focus on the future If we have $2.5 billion more to spend nonsense to pretend that these funds of America’s children. Just over a week on elementary and secondary edu- are not a Federal subsidy to private ago, the White House held a summit in- cation, we should spend it to deal with schools. tended to bring children’s issues into these problems. We should not invest Scarce tax dollars should be targeted the forefront as a national priority. in bad education policy and bad tax to public schools, which don’t have the What better way to turn consensus- policy. We should support teachers and luxury of closing their doors to stu- building into action than to give par- rebuild schools—not build tax shelters dents who pose special challenges, such ents the practical tool which the for the wealthy. as children with disabilities, limited Coverdell bill supplies; a tool which al- Proponents of the bill claim that it English-proficient children, or home- lows parents to better provide options deserves our support because the Joint less students. Private schools can de- for their children’s education. Committee on Taxation estimates that cide whether to accept a child or not. The education savings accounts help almost 75 percent of funds will go to The real choice under this bill goes to working families. They are a good com- public school students. the schools, not the parents. We should plement to the $500 per child tax credit But they’re distorting the facts. Ac- not use public tax dollars to support I have long championed, which was in- cording to the Department of Treasury, schools that select some children and cluded in the tax bill this year. They 70 percent of the benefit of the bill reject others. encourage savings and allow families would go to those families in the high- We all want children to get the best to make plans which shape a child’s fu- est income brackets. An October 28, possible education. We should be doing ture. more—much more—to support efforts 1997, Joint Tax Committee memo- This provision is directed at low and to improve local public schools. We randum states that 83 percent of fami- middle income families, not wealthy should oppose any plan that would un- lies with children in private schools families who currently have education dermine those efforts. options. All families should have a bet- would use this account, but only 28 per- This bill is simply private school ter opportunity to choose the best edu- cent of families with children in public vouchers under another name. It is cation for their children. schools would make use of it. It is a wrong for Congress to subsidize private According to the Joint Committee on sham to pretend that the bill is not schools. We should improve our public Taxation, the great majority of fami- providing a subsidy for private schools. schools—not abandon them. The overwhelming majority of the ben- lies expected to take advantage of the PRIVILEGE OF THE FLOOR education savings accounts have in- efits go to high-income families who Mr. WELLSTONE. Mr. President, I comes of $75,000 or less. are already sending their children to ask unanimous consent that Kelly Mil- In other words, in families where private school, and does nothing to im- ler be granted floor privileges during both parents are working, individual prove public education. this vote. parent income is at the very most an In fact, the Joint Tax Committee The PRESIDING OFFICER. Without average of $37,500 in more than two- memorandum clearly confirms this objection, it is so ordered. thirds of the families expected to take basic point that the bill disproportion- f advantage of this legislation. Clearly, ately benefits families who send their these are the families who need our children to private schools. As the CLOTURE MOTION help the most. committee memorandum states, ‘‘The The PRESIDING OFFICER (Mr. AL- Mr. President, this important legisla- dollar benefit to returns with children LARD). Pursuant to rule XXII, the clerk tion offers a real solution for America’s in public schools is assumed to be sig- will report the motion to invoke clo- working families. We must act now to nificantly lower than that attributable ture on H.R. 2646. help families best provide for one of to returns with children in private The bill clerk read as follows: life’s most basic necessities—a child’s schools.’’ CLOTURE MOTION education. Proponents of the bill claim that 70 We, the undersigned Senators, in accord- Mr. KENNEDY. Mr. President, I op- percent of the benefits from the Cover- ance with the provisions of rule XXII of the pose the Coverdell bill because it uses dell accounts would go to families that Standing Rules of the Senate, do hereby regressive tax policy to subsidize earn under $70,000 a year. move to bring to a close debate on H.R. 2646, vouchers for private schools. It does But again, they’re distorting the the Education Savings Act for Public and facts. The facts are that the majority Private Schools. not give any real financial help to low- Trent Lott, Paul Coverdell, Robert F. Ben- income, working- and middle-class of the benefits under the proposal go to nett, Pat Roberts, Strom Thurmond, Gordon families, and it does not help children upper income families. Only about 10 H. Smith, Bill Frist, Mike DeWine, Larry E. in the nation’s classrooms. What it percent of taxpayers have incomes be- Craig, Don Nickles, Connie Mack, Jeff Ses- does is undermine public schools and tween $70,000 and the capped income sions, Conrad Burns, Lauch Faircloth, Thad provide yet another tax giveaway for levels. Therefore, 30% of the benefits Cochran, and Wayne Allard. the wealthy. would go to just 10 percent of the tax- CALL OF THE ROLL Public education is one of the great payers. In addition, the majority of the The PRESIDING OFFICER. Under a successes of American democracy. It benefits for families who earn under previous order, the live quorum re- makes no sense for Congress to under- $70,000 a year go to those earning be- quired under the rule has been waived. mine it. This bill turns its back on the tween $55,000 and $70,000 a year. VOTE Nation’s long-standing support of pub- Other families will get almost no tax The PRESIDING OFFICER. The lic schools and earmarks tax dollars for break from this legislation. Families question is, Is it the sense of the Sen- private schools. This bill is a funda- earning less than $50,000 a year will get ate that debate on H.R. 2646, the Edu- mental step in the wrong direction for a tax cut of $2.50 a year from this legis- cation Savings Act for public and pri- education and for the Nation’s chil- lation—$2.50. You can’t even buy a vate schools, shall be brought to a dren. good box of crayons for that amount. close?

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11627 The yeas and nays are mandatory. ADVANCE PLANNING AND appropriately trained professional The clerk will call the roll. COMPASSIONATE CARE ACT within the institution. The legislation The bill clerk called the roll. Ms. COLLINS. Mr. President, last also requires that if a patient has an The PRESIDING OFFICER. Are there week I was pleased to join with my col- advanced directive, it must be dis- any other Senators in the Chamber de- league from West Virginia, Senator played in a prominent place in the siring to vote? ROCKEFELLER, in introducing S. 1345, medical record so that all the doctors The result was announced—yeas 56, the Advance Planning and Compas- and nurses can clearly see it. nays 44, as follows: sionate Care Act which is intended to The legislation will expand access to effective and appropriate pain medica- [Rollcall Vote No. 291 Leg.] improve the way we care for people at tions for Medicare beneficiaries at the YEAS—56 the end of their lives. Noted health economist Uwe end of their lives. Severe pain, includ- Abraham Gorton McConnell Reinhardt once observed that ‘‘Ameri- ing breakthrough pain that defies Allard Gramm Murkowski usual methods of pain control, is one of Ashcroft Grams Nickles cans are the only people on earth who Bennett Grassley Roberts believe that death is negotiable.’’ Ad- the most debilitating aspects of ter- Bond Gregg Roth vancements in medicine, public health, minal illness. However, the only pain Brownback Hagel Santorum medication currently covered by Medi- Burns Hatch and technology have enabled more and Sessions more of us to live longer and healthier care in an outpatient setting is that Campbell Helms Shelby Coats Hutchinson Smith (NH) lives. However, when medical treat- which is administered by a portable Cochran Hutchison Smith (OR) ment can no longer promise a continu- pump. Collins Inhofe Snowe It is widely recognized among physi- Coverdell Jeffords ation of life, patients and their fami- Craig Kempthorne Specter lies should not have to fear that the cians treating patients with cancer and D’Amato Kyl Stevens process of dying will be marked by pre- other life-threatening diseases that DeWine Lieberman Thomas self-administered pain medications, in- Domenici Lott Thompson ventable pain, avoidable distress, or Enzi Lugar Thurmond care that is inconsistent with their val- cluding oral drugs and transdermal Faircloth Mack Torricelli ues or wishes. patches, offer alternatives that are Frist McCain Warner The fact is, dying is a universal expe- equally effective in controlling pain, NAYS—44 rience, and it is time to reexamine how more comfortable for the patient, and Akaka Durbin Lautenberg we approach death and dying and how much less costly than the pump. There- Baucus Feingold Leahy we care for people at the end of their fore, the Advance Planning and Com- Biden Feinstein Levin lives. Clearly there is more that we can passionate Care Act would expand Bingaman Ford Mikulski do to relieve suffering, respect personal Medicare to cover self-administered Boxer Glenn Moseley-Braun choice and dignity, and provide oppor- pain medications prescribed for the re- Breaux Graham Moynihan Bryan Harkin Murray tunities for people to find meaning and lief of chronic pain in life-threatening Bumpers Hollings Reed comfort at life’s conclusion. diseases or conditions. Byrd Inouye Reid Unfortunately, most Medicare pa- In addition, the legislation author- Chafee Johnson Robb Cleland Kennedy tients and their physicians do not cur- izes the Department of Health and Rockefeller Conrad Kerrey rently discuss death or routinely make Human Services to study end-of-life Sarbanes Daschle Kerry advance plans for end-of-life care. As a issues for Medicare and Medicaid pa- Dodd Kohl Wellstone Dorgan Landrieu Wyden result, about one-fourth of Medicare tients and also to develop demonstra- funds are now spent on care at the end tion projects to develop models for end- The PRESIDING OFFICER. On this of life that is geared toward expensive, of-life care for Medicare beneficiaries vote the yeas are 56, the nays are 44. high-technology interventions, and res- who do not qualify for the hospice ben- Three-fifths of the Senators duly cho- cue care. While four out of five Ameri- efit, but who still have chronic debili- sen and sworn not having voted in the cans say they would prefer to die at tating and ultimately fatal illnesses. affirmative, the motion is rejected. home, studies show that almost 80 per- Currently, in order for a Medicare ben- Mr. LOTT. Mr. President, I move to cent die in institutions where they eficiary to qualify for the hospice ben- reconsider the vote and I move to table may be in pain, and where they are efit, a physician must document that the motion. subjected to high-technology treat- the person has a life expectancy of 6 The motion to lay on the table was ments that merely prolong suffering. months or less. With some conditions— agreed to. Moreover, according to a Dartmouth like congestive heart failure—it is dif- study released earlier this month, ficult to project life expectancy with f where a patient lives has a direct im- any certainty. However, these patients pact on how that patient dies. The still need hospice-like services, includ- MORNING BUSINESS study found that the amount of med- ing advance planning, support services, ical treatment Americans receive in symptom management, and other serv- Mr. LOTT. Mr. President, I ask unan- their final months varies tremendously ices that are not currently available. imous consent that there now be a pe- in the different parts of the country, Finally, the legislation establishes a riod for morning business until the and it concluded that the determina- telephone hotline to provide consumer hour of 12:30 p.m., with Senators per- tion of whether or not an older patient information and advice concerning ad- mitted to speak for up to 10 minutes dies in the hospital probably has more vance directives, end-of-life issues and each, with the time equally divided be- to do with the supply of hospital beds medical decision making and directs tween the two leaders or their des- than the patient’s needs or preference. the Agency for Health Care Policy and ignees. The Advance Planning and Compas- Research to develop a research agenda Following morning business, the Sen- sionate Care Act is intended to help us for the development of quality meas- ate would then stand in recess under improve the way our health care sys- ures for end-of-life care. the previous order until 2:30 p.m. tem serves patients at the end of their The legislation we are introducing The PRESIDING OFFICER. Without lives. Among other provisions, the bill today is particularly important in objection, it is so ordered. makes a number of changes to the Pa- light of the current debate on physi- Mr. LOTT. Therefore, the next roll- tient Self-Determination Act of 1990 to cian-assisted suicide. As the Bangor call vote would occur at 2:30 p.m. That facilitate appropriate discussions and Daily News pointed out in an editorial vote would be on the cloture motion individual autonomy in making dif- published earlier this year, the desire with respect to the motion to proceed ficult discussions about end-of-life for assisted suicide is generally driven to the fast-track legislation. care. For instance, the legislation re- by concerns about the quality of care I yield the floor. quires that every Medicare beneficiary for the terminally ill; by the fear of Several Senators addressed the receiving care in a hospital or nursing prolonged pain, loss of dignity and Chair. facility be given the opportunity to emotional strain on family members. The PRESIDING OFFICER. The Sen- discuss end-of-life care and the prepa- Such worries would recede and support ator from Maine. ration of an advanced directive with an for assisted suicide would evaporate if

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11628 CONGRESSIONAL RECORD — SENATE November 4, 1997 better palliative care and more effec- She is not alone. It is in Pakistan To me, this puts the power in the tive pain management were widely and India, Bolivia, Southeast Asia, all hands of consumers. It gives us the in- available. I ask unanimous consent around the world—children working formation that we need to know. I still that this editorial be printed in the under these kinds of conditions. I am think this is the direction in which we RECORD at the conclusion of my re- not talking about after school. I am ought to go, a labeling system, and we marks. talking about kids who are denied an have experience in that. The PRESIDING OFFICER. Without education, forced to work in fields and Right now ‘‘RUGMARK’’ is being af- objection, it is so ordered. factories under hazardous conditions fixed to labels on rugs coming out of (See exhibit 1.) for little or no pay. India and Nepal that verifies that rug Ms. COLLINS. Mr. President, pa- I have been working on this issue for was not made with child labor, and it is tients and their families should be able a long time. In 1992 I introduced the working. It is working well, because to trust that the care they receive at Child Labor Deterrence Act, to try to now the people authorized to use the the end of their lives is not only of end abusive and exploitative child ‘‘RUGMARK’’ label have to open up high quality, but also that it respects labor. It would have banned the impor- their plants for people to come in and their desires for peace, autonomy, and tation of all goods into the United make sure no children are employed dignity. The Advanced Planning and States made by abusive and exploita- there, and they get the label Compassionate Care Act that Senator tive child labor. ‘‘RUGMARK,’’ which certifies it was ROCKEFELLER and I have introduced Some have said this is revolutionary, not made with child labor. The will give us some of the tools that we but I don’t believe so. I believe it is ‘‘RUGMARK’’ program also provides need to improve care of the dying in written in the most conservative of all funds to build schools and provides this country, and I urge my colleagues ideas that this country stands for; that teachers to educate these children so to join us in this effort. international trade cannot ignore that they are not displaced. So if I, as I yield the floor. international values. a consumer, want to buy a nice hand- The PRESIDING OFFICER. The Sen- Would the President of the United knotted rug, if I see that ‘‘RUGMARK’’ ator from Iowa. States ever send a bill to Congress label, I know it was not made by child dealing with free trade or opening up labor. More and more importers are im- f trade with a country that employed porting ‘‘RUGMARK’’ rugs into this EXPLOITATIVE CHILD LABOR slave labor? Of course not; he would be country. It has worked well in Europe, Mr. HARKIN. Mr. President, I want laughed off the floor. But what about and now it is in the United States. to speak for a few minutes about a very this young girl? What about the mil- In October of this year, Congress troubling shortcoming in the legisla- lions more like her around the world? passed into law another provision that tion to grant the President fast-track They are as good as slaves because I had worked on with Congressman authority, and that is its failure to they don’t have any other choice and SANDERS in the House. It is regarding adequately address the issue of abusive they are forced to do this under the section 307 of the Tariff Act of 1930, which makes it clear that goods made and exploitative child labor. guise of free trade. First, let me discuss what I mean by We, as a nation, cannot ignore, this. with forced or indentured labor are to exploitative child labor. It is a term In 1993, this Senate put itself on record be barred from entry into the United States. Section 307 of the tariff law of well known in international relations. in opposition to the exploitation of 1930 banned articles made by prison We are not talking about children who children by passing a sense-of-the-Sen- labor and forced labor from coming work part time after school or on ate resolution that I submitted. In 1994, as chairman of the Labor, into this country. That has been on the weekends. There is nothing wrong with Health and Human Services Appropria- books since 1930. What Congress passed that. I worked in my youth. I bet the tions Subcommittee, I requested the was a clarification of that law or an ex- occupant of the Chair worked in his Department of Labor to begin a series planation of that law to say that it youth. There is nothing wrong with of reports on child labor. Those re- also covers goods made by forced or in- young people working. That is not the ports, now three in number, represent dentured child labor. Congress passed issue. the most thorough documentation ever it as part of the Treasury-Postal appro- Exploitative child labor involves assembled by the U.S. Government on priations bill. children under the age of 15, forced to this issue. They published three re- So you might say, Well, if you have work, many times in hazardous condi- ports; the fourth will be completed done that, then there is nothing else to tions, many under slave-like condi- shortly. do. But that is only an appropriations tions, who sweat long hours for little Earlier this year, I introduced a bill bill, and it is only good for 1 year. We or no pay. They are denied an edu- called the Child Labor Free Consumer are now working with Customs officials cation or the opportunity to grow and Information Act, which would give con- to try to decide how they find those ar- develop. It is the kind of work that en- sumers the power to decide through a ticles made by exploitative child labor. dangers a child’s physical and emo- voluntary labeling system whether Again, it is only good for 1 year. Will tional well-being and growth. The they want to buy an article made by we be able to put this into permanent International Labor Organization esti- child labor or not. Every time you buy law next year? I don’t know. And that mates that there are some 250 million a shirt, it says on the shirt where it still does not address the issue of chil- children worldwide engaged in this sort was made. It tells you how much cot- dren who don’t make goods bound for of economic activity. ton, how much polyester and how much the U.S. market. These are the kind of kids we are nylon, et cetera, is in that shirt. It has Right now, Mr. President, it is esti- talking about. We are talking about a price tag on it and tells you how mated somewhere in the neighborhood this young Mexican girl, harvesting much it cost to buy. But it won’t tell of 12.5 million kids around the world vegetables in the fields of Hidalgo you what it may have cost a child to are involved in this kind of exploita- State. They are out there working long make that shirt or that pair of shoes or tive child labor, making goods that go hours, all day long. They are not in that glassware or that brass object or into foreign trade that come into this school. You know, my farmers in Iowa that soccer ball or any number of country; 12.5 million kids, a large num- can compete with anybody around the items, including the vegetables that ber being exploited for the economic world. That is why we have always be- this girl is harvesting in Mexico. gain of others. lieved in free trade. But we believe in a So we said, let’s have a voluntary la- Make no mistake about it, their eco- level playing field. My farmers cannot beling system, and if a company want- nomic gain is an economic loss for this compete with this slave. That is what ed to import items into the United child and their country and for the she is. You can dress it up in all kinds States, they could affix a label saying United States. Every child lost to the of fancy words and cover it up, but that it was child labor free. In exchange for workplace in this manner is a child girl out in that field is working under that label, they would have to agree to who will not learn a valuable skill to slave-like conditions because she has allow surprise inspections of their help their country develop economi- no other choice. And isn’t that the def- plants to ensure that no children were cally or becoming a more active partic- inition of slavery? ever employed there. ipant in the global markets.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11629 We have done much to address the a computer chip layout design. Any- transportation area that gets us into a issue of exploitative child labor, but I thing less than that means that this formula discussion, we are going to am sorry to say that one of the most fast-track legislation ought to be con- spend some time at it. I feel very important measures that we will be signed to the trash heap of history. If strongly about the formulas, and I in- asked to vote on this year or perhaps we are not willing to take that kind of tend to express myself about them, as next year, depending on when it comes a step to announce it loudly and force- other Members should. here for a vote—this bill, S. 1269, the fully to the White House and to in- What are we going to do about it? so-called fast-track bill—does not rec- struct the people who are involved in What are we going to do about the fact ognize the depths of the problem of ex- negotiating our trade agreements, then that safety and transit programs run ploitative child labor and does little to this body has no reason at all to pass out and many States will not be able to help protect them from exploitation. fast-track legislation. We must elevate let contracts they need for major This bill protects songs. It protects the issue of exploitative child labor to projects at the end of the winter when computer chips. Let me read. Intellec- that level. Anything less will not do. they have to get ready for the summer tual property. This bill, under part B, I yield the floor and thank my friend construction season? says, ‘‘the principal trade negotiating from Missouri for giving me the oppor- Today I presented to my colleagues objectives.’’ There are 15. Principal tunity to finish my statement. in the Environment and Public Works trade negotiating objectives. The first The PRESIDING OFFICER (Mr. SES- Committee a compromise which I is reduction of barriers to trade in SIONS). The Senator from Missouri. think enables us to continue these vi- tally important operations. Certainly goods. The second is trade in services. f The third is foreign investment. highways and transportation are right TRANSPORTATION Fourth is intellectual property, and it at the top of the list of things that my REAUTHORIZATION BILL says: constituents in Missouri want to see us do. It will enable us to come back after The principal negotiating objectives of the Mr. BOND. Mr. President, I rise United States regarding intellectual prop- today to present to my colleagues what the first of the year, pass a 6-year reau- erty are— I think is a compromise that will help thorization and do so without penal- And it has a bunch of things here. It us get over a very difficult situation. I izing the States and the transit and the says: am very proud to be a member of the safety programs. Environment and Public Works Com- What we would do under my bill is . . . to recognize and adequately protect provide 6 months of funding for the intellectual property, including copyrights, mittee and to have joined with the patents, trademarks, semiconductor chip leadership of that committee—Chair- safety programs, the Department of layout designs. . . man CHAFEE, Senator WARNER, Rank- Transportation operations and transit. For the unobligated balances, we would The PRESIDING OFFICER. The Sen- ing Member BAUCUS, and the other give the States complete flexibility. If ator’s time has expired. members of the committee, in report- they want to put surface transpor- Mr. HARKIN. I ask unanimous con- ing out what I believe is an excellent tation money into construction mitiga- sent for 5 more minutes to finish up. transportation reauthorization bill. The PRESIDING OFFICER. Is there I think this is a bill that we need for tion, they could do so, and they would objection? the next 6 years. We need it for trans- be able to continue their operations Mr. HARKIN. Three more minutes. portation, for safety, for economic de- and issue contracts through March 31. Some States do not have enough un- Mr. BOND. No objection. velopment. The simple fact of the mat- The PRESIDING OFFICER. Without ter is, without discussing the whys, the obligated balances to be able to con- tinue their contracting authority objection, it is so ordered. ‘‘where we are’’ is we are not going to through March 31 at the same rate they Mr. HARKIN. Mr. President, I know get that passed this year. There, in my had done in this year or the previous people are here to speak. I just want to view, is no way that we can get agree- year. So for those States, my measure finish. ment, get it passed on the floor of the would provide them an advance, an ad- We are protecting semiconductor Senate, and agree with the House on a vance against what we are going to au- chip computer design layouts. If we can very different approach they are taking thorize in the bill that we must pass protect a song, we can protect a child. prior to the time we adjourn for the re- and that the President must sign so That is my bottom line on this. What mainder of the year. transportation can go forward in this do they do with child labor? Oh, it is If we don’t—and we had a hearing country. back here on page 18, ‘‘It’s the policy of today in Environment and Public For most States, it means a small the United States to reinforce trade Works—No. 1, the Department of amount, but we would advance fund agreements process by seeking to es- Transportation operations cannot con- that money without regard to the for- tablish in the International Labor Or- tinue, vitally needed safety programs mula. Say, for example, you had $250 ganization’’—the ILO—‘‘a mechanism cannot continue, transit programs can- million in unobligated balances, but in for the examination of, reporting on’’— not continue, and many States will not the first 6 months in one of those years et cetera, and includes exploitative be able to let the contracts they need you obligated $290 million. We would child labor. It doesn’t mean a thing. I for major construction projects in the have the Department of Transportation know all about the ILO. It is a great coming months because they will not advance $40 million to that State so organization. It has absolutely zero en- have the obligational authority. that between now and March 31, the forcement powers. There is a lot of money in the State would be able to obligate $290 If we can protect a song, why can’t States—over $9 billion—that is unobli- million for transportation purposes. we protect a child? Why don’t we ele- gated that has been authorized, but the Later on in the year, when that vate exploitative child labor to the problem is very often it is in the wrong State’s allocation is determined and, same status as intellectual property category. The States have money, but say, under the formula that State rights? Let’s make it a separate prin- it may be in CMAQ when they need it would get $500 million from probably, cipal trade negotiating objective of in STP or the various different pro- say, $800 million for the year, that $40 this Government that when we nego- grams. million would be deducted from the al- tiate a trade agreement with a coun- The question is, what are we going to locations under the new authorization, try, yes, we will negotiate on trade in do about it? Some in the House have and they would get $760 million. services and on foreign investment and presented a proposal that is sort of a 6- What this does, Mr. President, is intellectual property. But let’s also put month extension. It keeps the old for- allow us to keep things operating, keep child labor right up there as one of the mula and tries to jam everything into contracts being let, keep transit pro- principal negotiating objectives of our 12 months. Frankly, that is very unfair grams and safety programs operating Government. to my State and quite a few other without getting bogged down in the I have an amendment drafted to that States that are known in this body as formula fight. extent. It mirrors exactly what is done donor States. As I said earlier, when I say ‘‘bogged in intellectual property. We make this I can assure you that any time we try down,’’ I look forward to the very ac- young girl the equivalent of a song or to do something in the highway and tive discussion of the funding formula.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11630 CONGRESSIONAL RECORD — SENATE November 4, 1997 It is one of the most important things ernor Christine T. Whitman; Governor legislation to exempt internationally that we need to do around here in James B. Hunt Jr.; Governor David M. adopted children under age 10 from the terms of economic development, trans- Beasley; Governor Don Sundquist; Gov- immunization requirement that was portation and safety. But it will take ernor Howard Dean, M.D.; Governor contained in last year’s immigration Gary Locke; Governor Tommy G. some time. I would envision that when- Thompson; Governor Benjamin J. bill. ever the majority leader wants to Cayetano; Governor John A. Kitzlaber; Mr. President, in my view it is im- schedule it, it would take at least a Governor William J. Janklow; Gov- portant that the Federal Government couple of weeks and maybe more. So ernor Michael O. Leavitt; Governor not unnecessarily burden American while we are doing that, we should not Roy Lester Schneider, M.D.; Governor parents who adopt foreign born chil- cut off the transit, the safety, or the Cecil H. Underwood; Governor E. Ben- dren. The process of adopting a child contracting obligation that the States jamin Nelson; Governor Pedro abroad is already quite arduous and in- ´ would normally do. Rossello. volves great emotional risk. The Fed- As I said, we presented this at the Mr. BOND. Mr. President, in conclu- eral Government should not make that EPW hearing this morning. We had a sion, let me say that we have had good process yet more difficult. It is par- very good discussion with representa- ideas from both sides of the aisle in the ticularly important that we not endan- tives of the National Governors’ Asso- EPW Committee. We look forward to ger the health of these children. ciation and the Department of Trans- working with Chairman WARNER, Sen- Last year’s immigration bill unneces- portation. ator BAUCUS, Chairman CHAFEE, the sarily and unintentionally made the Mr. President, the National Gov- other members of the committee. process of adopting foreign born chil- ernors’ Association has sent a letter I hope this is something that we dren more difficult. signed by 39 Governors. Getting 39 Gov- could agree on and move forward on I am, however, concerned that this ernors—having been one—I can tell quickly so that our States and the bill did not go far enough. There are you, to sign on a letter is not easy. But traveling public will not suffer while adopted children 10 years of age and the Governors very simply said: we go through the very important dis- older who do not need to be treated dif- . . .it is imperative for the Senate to con- cussions on coming up with a new high- ferently than those under 10 years old. sider and pass short-term legislation pro- way funding formula. Moreover, the problems with infected viding funding for highway, transit, and safe- I invite comments. I look forward to needles in many countries should give ty programs and to complete a conference on working with my colleagues. This one I us serious pause as to whether immi- that legislation with the House of Represent- hope we can do on a bipartisan basis grant children who are not adopted are atives. Such legislation would minimize the without the regional differences that undergoing undue risk. interruption in funding to State and local will inevitably arise when we begin dis- governments. It would also avoid the disas- I also want to call attention to a pro- cussion of the funding formula. vision that I would have preferred not trous effects that a several-month lapse in Mr. President, I appreciate the time, be in this bill—the provision requiring authorization would have on many States’ and I yield the floor. transportation programs. that parents of the exempted adopted Mr. President, I ask unanimous con- f children must sign an affidavit prom- sent that that letter be printed in the THE VERY BAD DEBT BOXSCORE ising to vaccinate their children within RECORD. Mr. HELMS. Mr. President, at the 30 days or when it is medically appro- There being no objection, the letter close of business yesterday, Monday, priate. I think we do not want to imply was ordered to be printed in the November 3, 1997, the Federal debt in this or other legislation that the RECORD, as follows: stood at $5,427,078,768,247.28 (Five tril- Federal Government cares more about NATIONAL GOVERNORS ASSOCIATION, lion, four hundred twenty-seven bil- children than parents do and, unfortu- Washington, DC, November 4, 1997. lion, seventy-eight million, seven hun- nately, I think that is what this provi- Hon. TRENT LOTT, dred sixty-eight thousand, two hundred sion says. Majority Leader, U.S. Senate, Despite these reservations, I think Washington, DC. forty-seven dollars and twenty-eight cents). that this is a good bill and it is an im- Hon. THOMAS A. DASCHLE, Five years ago, November 3, 1992, the portant bill for the many Americans Minority Leader, U.S. Senate, Federal debt stood at $4,068,937,000,000 who will be adopting children inter- Washington, DC. nationally both this year and in the DEAR SENATOR LOTT AND SENATOR (Four trillion, sixty-eight billion, nine DASCHLE: Given the very limited time re- hundred thirty-seven million). years to come. I want to commend the maining in this legislative session, it is im- Ten years ago, November 3, 1987, the sponsors of the bill and commend the perative for the Senate to consider and pass Federal debt stood at $2,392,685,000,000 leadership on this issue of the two Sen- short-term legislation providing funding for (Two trillion, three hundred ninety- ators from Arizona, Senator KYL and highway, transit, and safety programs and to two billion, six hundred eighty-five Senator MCCAIN, who have helped see complete a conference on that legislation million). to it that this important correction in with the House of Representatives. Such leg- Fifteen years ago, November 3, 1982, law will become a reality and thus help islation would minimize the interruption in ensure the safe adoption of foreign- funding to state and local governments. It the Federal debt stood at would also avoid the disastrous effects that a $1,142,065,000,000 (One trillion, one hun- born children by American citizens. several-month lapse in authorization would dred forty-two billion, sixty-five mil- f lion). have on many states’ transportation pro- ONE-CALL NOTIFICATION grams. Twenty-five years ago, November 3, PROVISIONS Sincerely, 1972, the Federal debt stood at Governor George V. Voinovich; Governor $435,625,000,000 (Four hundred thirty- Mr. FAIRCLOTH. I would like to Thomas R. Carper; Governor Edward T. five billion, six hundred twenty-five clarify the intent of the Commerce Schafer, Co-Chair, Transportation million) which reflects a debt increase Committee’s ISTEA transportation Task Force; Governor Paul E. Patton, safety amendment as it relates to Co-Chair, Transportation Task Force; of nearly $5 trillion—$4,991,453,768,247.28 Governor Mike Huckabee; Governor (Four trillion, nine hundred ninety-one State one-call—call-before-you-dig— Roy Romer; Governor Lawton Chiles; billion, four hundred fifty-three mil- programs. It is my understanding that Governor Philip E. Batt; Governor lion, seven hundred sixty-eight thou- the one-call provisions of this amend- Terry E. Brandstad; Governor Mike sand, two hundred forty-seven dollars ment are the same as the provisions of Foster; Governor Parris N. Glendening; and twenty-eight cents) during the S. 1115, the Comprehensive One-Call Governor Arne H. Carlson; Governor past 25 years. Notification Act of 1997. Marc Racicot; Governor Jeanne f Mr. LOTT. The Senator is correct. Shaheen; Governor Jane Dee Hull; Gov- The minority leader and I introduced ernor Pete Wilson; Governor John G. ENSURING THE HEALTH OF INTER- as S. 1115 on July 31. Thirteen of our Rowland; Governor Zell Miller; Gov- NATIONALLY ADOPTED CHIL- colleagues have joined us as cosponsors ernor Frank O’Bannon; Governor Bill DREN UNDER 10 Graves; Governor Angus S. King Jr.; to the bill, and the Committee on Com- Governor John Engler; Governor Mel Mr. ABRAHAM. Mr. President, I rise merce, Science, and Transportation Carnahan; Governor Bob Miller; Gov- to express my support for H.R. 2464, held a hearing on the bill on September

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11631 17. I will be happy to respond to the lic safety, the environment, excavators A State which successfully con- Senator’s questions. and vital public services.’’ fronted special interests and enacted a Mr. FAIRCLOTH. I have received a Contractors who visited my office see strong one-call program would be both number of calls and letters from North this as a loophole that could actually unlikely and foolish to try to use this Carolina contractors concerned about weaken State programs. The contrac- bill to weaken these programs. If a this bill and its inclusion in ISTEA. As tors are very concerned that the Fed- State were that misguided, the DOT is the leader knows, these companies are eral Government would declare some certain to reject their application. overwhelmingly small businesses, and situations to be low risk, and this This bill will mean stronger State they provide a large number of jobs for would in turn encourage facility opera- one-call notification laws, more par- people in our States. However, when tors to seek exemptions from one-call ticipation and better enforcement. they think of the Federal Government requirements because their participa- That’s why 15 Senators want to ad- and its regulators, they think of the tion would be deemed no longer ‘‘ap- vance this legislation. Occupational Safety and Health Ad- propriate’’. Mr. FAIRCLOTH. The contractors ministration. Their experience with Mr. LOTT. First, let me say to my who visited my office felt that the bill OSHA has not been good. The contrac- colleague that I am very much in favor is a dagger pointing at them, and that tors are definitely not interested in of encouraging Federal and State agen- it unfairly singles out excavators as seeing a toehold established for further cies put regulatory effort where the the cause of accidents at underground regulation of this type under the guise real risks are. We don’t have so much facilities. Can the bill be made more of one-call notification. Can the leader money and so much desire to regulate evenhanded? tell me that the provisions we are talk- that we can afford to spend our time Mr. LOTT. I believe the bill does at- ing about here will not be converted and money regulating nonexistent tempt to be evenhanded. For example, into a Federal regulatory program ef- risks. There is far too much regulating finding (2) of the bill points to exca- fecting small business? of fictitious risks going on in our econ- vation without prior notice as a cause Mr. LOTT. I can assure the Senator, omy today. So I think the emphasis on of accidents, but in the same phrase it most emphatically, that this will not looking at actual risk is desirable. And includes failure to mark the location of happen. This is not a regulatory bill. the other side of it is that situations underground facilities in an accurate The Lott-Daschle bill presumes that that pose a real risk should be covered, or timely way as a cause as well. In each State provides the legislative absolutely should be covered. We think truth, these are both causes of acci- foundation for the one-call notification the Lott-Daschle bill will encourage dents, and the bill proposes to deal program in that State. Remember, all the States to look at risks that are not with both. one-call programs are currently State now covered and increase participation Both excavators and underground fa- programs, and this will remain un- in one-call notification programs ac- cilities can stand to improve perform- changed. The sole aim of the bill is to cordingly. ance in the area of compliance with In answer to the contractors’ conten- encourage States to act voluntarily to one-call requirements. There is no in- tion, I would reply to them that the in- improve their own State one-call pro- tent in this bill to blame one side or tent of this bill is to strengthen State grams by providing fiscal assistance for the other. If the Senator believes that one-call programs and not to weaken those States who want to do more. the bill unfairly stigmatizes contrac- them. This is what the Congress is say- Furthermore, this legislation does tors, I would want to right the balance, ing to the States with the Lott-Daschle not regulate through the back door by because that is not what is intended. bill: ‘‘Strengthen your programs. imposing a Federal mandate on the What we are trying to do is to set up Strengthen your programs, and you States to modify their existing one-call a process where the States can address will be rewarded.’’ programs. Rather, it makes funding And the Department of Transpor- problems we all know are there. There available to improve these programs. tation, which will administer this pro- are too many accidents at underground To be eligible for the funding, the pro- gram, is saying the same thing. I re- facilities. Let’s see what we can do to grams must meet certain minimum cently received a letter from Secretary improve that situation. Let’s see what standards, but even those standards are of Transportation Rodney E. Slater we can do cooperatively, underground performance-based, not prescriptive. supporting the Lott-Daschle one-call facility operators and contractors, Fed- And States will be involved in the rule- notification bill. I put that letter in eral agencies and State agencies. Let’s making which establishes these stand- the RECORD of October 22. In his letter, use incentives rather than preemption ards. No State has to apply for these Secretary Slater says, ‘‘safety is the and regulation. That is what this bill is funds if it doesn’t wish to. Department of Transportation’s high- trying to do. The bill does not preempt State law. est priority.’’ Mr. FAIRCLOTH. I thank the leader Let me repeat that; no State law will Secretary Slater is not interested in for these clarifications. be preempted. States continue to their weakening State one-call notification f responsibility for the regulations for programs. A State that submits a grant BEING ON TIME notification prior to excavation and for application to the Department of location and for marking of under- Transportation with a weakened State Mr. GRASSLEY. Mr. President, in ground facilities. Nothing in this bill one-call program is not going to see the spirit of legislation I am spon- changes this. States prescribe the de- that application approved. The Depart- soring with Senator WYDEN, I want to tails of one-call notification programs. ment of Transportation will make sure make something clear. I want to make This not something the Federal Gov- of that. it a matter of public record that I am ernment should do or is able to do ef- Finally, the Lott-Daschle bill does putting a hold on the nominations for fectively. not provide for a one-size-fits-all Fed- ambassador of individuals being con- This bill is not intended to lead to a eral determination of what constitutes sidered for posts in Bolivia, Haiti, Ja- Federal regulatory program on the a risk. Under the bill the intent is that maica, and Belize. I am also asking to backs of small business. It is not in- the determination of risk will be made be consulted on any unanimous-con- tended to do this, and it will not do at the State level, where local condi- sent agreements involving the Foreign this. tions and practices can be taken into Service promotion list if it should Mr. FAIRCLOTH. I thank leader for account. come up for consideration. that assurance. This is another reason that I’m sure I am taking this step to make it Among the minimum standards re- we don’t need to be concerned about clear to the State Department and the quired for a one-call notification pro- weakening State laws. States with administration that the Congress takes gram to be eligible for Federal assist- strong laws are not going to undertake the law seriously. Something the ad- ance is the requirement for ‘‘appro- to weaken them in order to apply for a ministration appears not to do. Under priate participation’’ by all excavators grant from the DOT under this bill. the law, the administration is required and underground facility operators. They know that DOT is trying to to submit to the Congress on November ‘‘Appropriate participation’’ would be strengthen these laws. It just wouldn’t 1 of each year the names of countries determined based on the ‘‘risks to pub- make any sense. that the administration will certify for

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11632 CONGRESSIONAL RECORD — SENATE November 4, 1997 cooperation on drugs. Last year, the Thereupon, the Senate, at 12:30 p.m., Mr. MOYNIHAN. Mr. President, I administration was late in submitting recessed until 2:30 p.m.; whereupon, the move to reconsider the vote. that list. The administration had asked Senate reassembled when called to Mr. GRAMM. I move to lay that mo- for more time and we gave it to them. order by the Presiding Officer (Mr. tion on the table. Although I believe 6 weeks was pushing COATS). The motion to lay on the table was it. f agreed to. The Congress made it clear then, f however, that being late was not a CLOTURE MOTION RECIPROCAL TRADE AGREEMENT precedent. We gave the administration The PRESIDING OFFICER. The OF 1997—MOTION TO PROCEED an extra month in law. And they Chair directs the clerk to report the missed that deadline. They asked for motion to invoke cloture on the mo- The Senate proceeded to consider the more time last year and we gave it to tion to proceed to the fast track legis- motion. them. We made it clear, though, that lation. Several Senators addressed the giving more time last year was not to The legislative clerk read as follows: Chair. become an excuse for being tardy in CLOTURE MOTION The PRESIDING OFFICER. The Sen- the future. We, the undersigned Senators, in accord- ator from Nevada. This point seems to have gotten lost. ance with the provision of rule XXII of the Mr. BRYAN. Mr. President, under the This year, again, the administration Standing Rules of the Senate, do hereby rule, I would like to yield 1 hour that has not submitted the list as required move to bring to a close debate on the mo- I have to the distinguished ranking by the law on the date specified. And tion to proceed to calendar No. 198, S. 1269, member of the Senate Finance Com- the so-called fast-track legislation. there is no indication just when or if it mittee, Senator MOYNIHAN. Trent Lott, Bill Roth, Jon Kyl, Pete The PRESIDING OFFICER. If the may arrive. This is simply not accept- Domenici, Thad Cochran, Rod Grams, able. This leisurely approach and irre- Sam Brownback, Richard Shelby, John Senator will suspend for a moment, the sponsible attitude needs an appropriate Warner, Slade Gorton, Craig Thomas, Senate is not in order. If Members will response. Larry E. Craig, Mitch McConnell, take their conversations off the floor? It appears we need to get the admin- Wayne Allard, Paul Coverdell, and Rob- The Senator from New York. istration’s attention so that they will ert F. Bennett. Mr. MOYNIHAN. Mr. President, I abide by the law. This needs to be done VOTE thank the generosity of my good friend especially on a law involving drug con- The PRESIDING OFFICER. The and colleague on the Finance Com- trol issues at a time of rising teenage question is, Is it the sense of the Sen- mittee, the Senator from Nevada. He use. In the spirit, then, of reminding ate that debate shall be brought to a is, as ever, generous and not without a the administration that we in Congress close on the motion to proceed to S. certain wisdom because this debate actually do mean the things we say in 1269, the so-called fast track legisla- could be going on for a long time. law, I am putting a hold on these nomi- tion? I yield the floor. nations. The rules require a yea or nay vote. The PRESIDING OFFICER. The The countries in question have been The clerk will call the roll. question is on the motion to proceed to on past lists, and therefore there is a The legislative clerk called the roll. the bill. Is there further debate? link to my hold now. That hold will re- The PRESIDING OFFICER. Are there The Senator from North Dakota. main in place until such time as we re- any other Senators in the Chamber de- Mr. DORGAN. Mr. President, could I ceive the list in question. If we do not siring to vote? clarify with the Presiding Officer the receive a timely response, I may con- The yeas and nays resulted—yeas 69, parliamentary situation? My under- sider adding to my list of holds. nays 31, as follows: standing is that we are in a postcloture Let me note, also, that by ‘‘timely [Rollcall Vote No. 292 Leg.] period of up to 30 hours debate? response’’ I do not mean a request for YEAS—69 The PRESIDING OFFICER. The Sen- more time. I mean having the list in Abraham Dodd Landrieu ator is advised we are under hand. The November 1 deadline is not a Akaka Domenici Lautenberg postcloture debate, 30 hours of consid- closely held secret. The fact that the Allard Frist Leahy eration. Ashcroft Glenn Lieberman Mr. DORGAN. Might I ask the Par- list is due is not an annual surprise. Or Baucus Gorton Lott it shouldn’t be. I hope that the admin- Bennett Graham Lugar liamentarian how that debate will be istration will find it possible to comply Biden Gramm Mack managed and or divided? My under- Bingaman Grams McCain standing is that each Senator is al- with the law, late though this response Bond Grassley McConnell now is. And that they will do the re- Breaux Gregg Moynihan lowed to speak for up to 1 hour during sponsible thing in the future. I thank Brownback Hagel Murkowski the postcloture period, is that correct? you. Bryan Hatch Murray The PRESIDING OFFICER. The Sen- Bumpers Helms Nickles ator is correct. A maximum of 1 hour. Mr. President, I suggest the absence Chafee Hutchinson Robb of a quorum. Cleland Hutchison Roberts Mr. DORGAN. With the exception The PRESIDING OFFICER. The Coats Inouye Rockefeller being that time can be provided, up to Cochran Jeffords Roth 3 hours, to managers of the bill, is that clerk will call the roll. Collins Johnson Sessions The legislative clerk proceeded to Coverdell Kempthorne Smith (OR) correct, if another Senator would yield call the roll. Craig Kerrey Thomas his or her hour? Mr. ABRAHAM. Mr. President, I ask D’Amato Kerry Thompson The PRESIDING OFFICER. The Sen- Daschle Kohl Warner ator is correct. Each manager and each unanimous consent that the order for DeWine Kyl Wyden the quorum call be rescinded. leader may receive up to 2 hours from The PRESIDING OFFICER. Without NAYS—31 other Senators, and then of course with objection, it is so ordered. Boxer Ford Sarbanes their own hour the total would be 3. Burns Harkin Shelby (The remarks of Mr. ABRAHAM, Mr. Mr. DORGAN. Would I be correct to Byrd Hollings Smith (NH) GRAMS, and Mr. D’AMATO pertaining to Campbell Inhofe Snowe say that in a postcloture proceeding of the introduction of S. 136 are located in Conrad Kennedy Specter this type, that the manager on each today’s RECORD under ‘‘Statements on Dorgan Levin Stevens side can be a manager on the same side Durbin Mikulski Introduced Bills and Joint Resolu- Thurmond of the issue? Enzi Moseley-Braun Torricelli Faircloth Reed The PRESIDING OFFICER. That tions.’’) Wellstone f Feingold Reid could occur. Feinstein Santorum Mr. DORGAN. So I then ask the man- RECESS UNTIL 2:30 The PRESIDING OFFICER. On this agers, if I might yield to them for a re- The PRESIDING OFFICER. Under vote the yeas are 69, the nays are 31. sponse, because we will be involved the previous order, the Senate will now Three-fifths of the Senators duly cho- here in a period of discussion prior to stand in recess until the hour of 2:30 sen and sworn having voted in the af- the vote on the motion to proceed, and p.m. firmative, the motion is agreed to. that discussion is a period provided for

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11633 up to 30 hours, I would like to ask my Mr. ROTH. Parliamentary inquiry, western States such as North Dakota, colleagues how we might decide that doesn’t he have to yield the floor to get remain above 150 percent. In other all sides will have an opportunity for a response? words, we have vastly more to gain full discussion of this? The PRESIDING OFFICER. The from trade than we do to lose. I guess what I would ask the ranking Chair would advise, in response to the Let’s agree on this much: We cannot manager, and the chairman of the Fi- question of the Senator from Delaware, legislate reduction in foreign tariffs or nance Committee as well, is how they that the Senator who has the floor has market access. That has to be done at would envision us proceeding in this no right to pose the question to an- the negotiating table. For that, the postcloture period? I will be happy to other Senator unless he yields the President needs negotiating authority. yield to the chairman of the Senate Fi- floor. Simply put, a vote for fast track recog- nance Committee for that purpose. Mr. DORGAN. Mr. President, I make nizes the fact that today, more than The PRESIDING OFFICER. Does the the point of order a quorum is not ever, our economic well-being is tied to Senator from North Dakota yield the present. trade. floor? The PRESIDING OFFICER. The Exports now generate one-third of all Mr. DORGAN. No. I do not. As I un- clerk will call the roll. economic growth in the United States. derstand it, the Presiding Officer was The assistant legislative clerk pro- Export jobs pay 10 to 15 percent more intending to move to put the question ceeded to call the roll. than the average wage. In the last 4 on the motion to proceed. Because the Mr. ROTH. Mr. President, I ask unan- years alone, exports have created 1.7 Presiding Officer was intending to do imous consent that the order for the million well-paying jobs and, by some that, I sought recognition and the Pre- quorum call be rescinded. estimates, as many as 11 million jobs, siding Officer recognized me. My un- The PRESIDING OFFICER (Mr. and this country now depends directly derstanding is we are now in a KEMPTHORNE). Without objection, it is on exports. postcloture period providing up to 30 so ordered. As a result, when asked why the Sen- hours of discussion. Mr. ROTH. Mr. President, it is un- ate would extend fast-track authority The PRESIDING OFFICER. The Sen- thinkable that the Senate would not to the President, I offered a very prac- ator is correct. The 30 hours of consid- revive the fast-track trade negotiation tical answer. In 1989, General Motors eration. authority enjoyed by previous Presi- exported three automobiles to Mexico. Mr. DORGAN. Consideration. Then I dents. This past year, the third full year after seek to be recognized, inasmuch as no Since its inception, the United States we reached a trade agreement with one else was intending to be recognized has been a trading state, and from the Mexico that many have criticized, Gen- and inasmuch as I certainly want time Jay treaty that ended the Revolu- eral Motors exported over 60,000 vehi- to be used to discuss this issue. I was tionary War to the Uruguay round cles. That amounts to $1.2 billion in simply inquiring of the chairman of the agreements that established the World sales and paychecks for workers in Finance Committee and the ranking Trade Organization, we have, in the General Motors’ facilities and those of member of the Finance Committee the main, pursued a policy of free and open their U.S. suppliers. process they might engage in, in terms commerce with all nations. I also explained that trade benefits of using this time that we are now in, That legacy has helped bring us all of us in many other ways. By pro- in postcloture. I was intending to unrivaled prosperity. We are in the sev- ducing more of what we are best at and yield—not yield the floor, but I was in- enth year of sustained economic expan- trading for those goods in which we do tending to ask a question so we might sion, and during that same period, the not have a comparative advantage, we have a discussion about how we use United States has registered the great- ensure that every working American this time. est rise in industrial production of any has access to a wider array of higher If I am unable to do that, I will just developed nation, an increase over the quality goods at lower prices. In that begin to use some time, I guess, if that last decade of 30 percent. respect, using the fast-track authority would be appropriate. It is no coincidence that our eco- to liberalize trade acts just like a tax I invite again—I didn’t seek the floor nomic growth has taken place at a cut; we leave more of each consumer’s for the purpose of intending to speak time when we have struck a series of paycheck in their pocket at the end of ahead of those who perhaps should international agreements that have each month by ensuring that they get begin this discussion. But neither did I sharply lowered barriers to American the highest quality goods at the lowest want the Presiding Officer to go to the trade abroad. The opponents of trade price. question, which the Presiding Officer and economic growth do not want you I think it is also worth underscoring was intending to do. to hear that the United States has been that trade does not mean fewer jobs. Is the Senator—— a significant winner in those agree- By increasing the size of the economic The PRESIDING OFFICER. The Sen- ments. pie, trade means more jobs and better ator presumes to know what the Pre- In the Uruguay round, we cut our pay, as the figures I noted attest. High- siding Officer was intending to go do. tariffs an average of 2 percentage er wages depend on rising productivity, He may or may not be correct in that points, while trading partners cut a growing economy and rising demand assertion. theirs between 3 and 8 percent. for labor. Each of those factors depend Mr. DORGAN. The Presiding Officer In NAFTA, while we eliminated the on expanding our access to foreign announced his intention, which was the average 2-percent tariff on Mexican im- markets, and to expand our access to reason I sought the floor. If it is not in- ports, Mexico eliminated its 10-percent foreign markets, the President needs appropriate, then, I would simply begin average tariffs, as well as a host of fast-track authority. a discussion. But I don’t want to do nontariff barriers that inhibited United I do not, therefore, view the question that if the chairman of the Finance States market access. before this body as simply whether an- Committee, who I think should cer- That job is not done. In most devel- other, in a long line of bills, will pass. tainly have the opportunity to begin oping countries which represent the The question before this body is wheth- the discussion, or the ranking member, markets of the future for U.S. goods er the United States will maintain its wish to do that. I was simply inquiring and services, tariffs on many products leadership role as the world’s foremost about the opportunity on how we range up to 30 percent and higher. De- economic power and assure our future might divide some of the time as we veloped countries continue to maintain economic prosperity. proceed. high barriers in sectors where the Some might ask why the United The PRESIDING OFFICER. Does the United States has a tremendous com- States should continue to bear that re- Senator yield the floor? parative advantage. In Europe, for ex- sponsibility. The answer lies in our Mr. DORGAN. Mr. President, having ample, tariffs on our dairy products ex- own history. It relates those times invited that response, if there is no re- ceed 100 percent. In Japan, the tariffs when we have forsaken our traditional sponse I will be happy to begin a dis- on United States dairy products exceed policy of open commerce in favor of cussion in the postcloture period. But 300 percent, and tariffs on our wheat protectionism, as some would have us again I certainly want to—— exports, most of it grown in Mid- do now.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11634 CONGRESSIONAL RECORD — SENATE November 4, 1997 The Smoot-Hawley tariff and the re- many who benefit from expanding terms of competition are free and fair. taliation it engendered among our trade and economic growth must help We can focus only on the possible eco- trading partners gravely deepened the those who do not. But that adjustment nomic dislocations that occur when Great Depression. Economic depriva- is the inevitable effect of technological trade barriers are lowered, or we can tion left citizens in many countries progress and economic growth, not the look at the common good that results easy prey for the political movements grant of fast-track authority. from economic growth. We can leave that led directly to the Second World There are some who argue that the our economic fate in the hands of oth- War. And it is worth remembering that cost of these transitions is too high, ers, or we can step forward to shape our the foundations of the current inter- that we are doing just fine economi- own economic destiny. national trading system were built on cally without further trade agree- For me, the choice is clear. We must the ashes of that great conflict. Amer- ments, and that there is no need for move forward to maintain our eco- ica led the way in establishing the cur- fast-track negotiating authority. My nomic leadership in the eyes of the rent economic order as a means of en- reply is simple and straightforward. We world, as well as provide the fruits of suring that the trade policies of the need fast-track authority now more an expanding economy to our citizens. past would not—and I emphasize would than ever. Without the ability to take Enacting the pending legislation is in- not—lead to similar devastating con- a seat at the negotiating table, we will deed essential to that effort. Our trad- flicts in the future. be giving up the ability to shape our ing partners will not negotiate trade It was, in fact, the effects of the own economic destiny. If we leave it to agreements with us unless we as a na- Smoot-Hawley tariff and the Depres- others to write the rules for the new tion can speak with one voice. sion that led to the original grant of era of international competition, we That is what this bill does. It allows tariff negotiating authority and the will be leaving our economic future in two branches of the Government, the namesake of this bill: Reciprocal Trade their hands, and we will lose the abil- President and the Congress, to speak Agreement Act of 1934. ity to shape the rules of the new global with one voice on trade. This bill cre- On the strength of that grant of ne- economy to our liking. ates a partnership between two gotiating authority, President Roo- The evidence of that is already branches that allows us to speak with sevelt and his Secretary of State mounting. Our trading partners are one voice and does so to a degree great- Cordell Hull, a distinguished former proceeding without us and giving their er than previous fast-track bills. Member of this body and a member of firms a competitive advantage over As it has since the original grant of the Finance Committee, created the American businesses in the process. fast-track authority, Congress estab- trade agreements programs that re- Canada and Mexico have, for example, lishes the negotiating objectives that versed the protectionist course of trade negotiated free-trade arrangements will guide the President’s use of this relations and laid the groundwork for with Chile while we have debated the authority. The negotiating objectives the post-war economic order. Five dec- merits of fast track. And because Chil- also serve as limits on the Executive, ades and eight multilateral rounds of ean tariffs average 11 percent, our since the bill ensures that only agree- trade negotiations have helped us to firms now compete at an 11-percent dis- ments achieving the objectives set out build this burgeoning economy. advantage against Canadian and Mexi- in the bill will receive fast-track treat- The lessons of the postwar years are can goods in the Chilean market. ment. easy to forget. It is easy to forget that The same holds true more broadly in In that regard, I want to emphasize Congress’ grant of trade negotiating the rest of the rapidly growing markets the effort we have made to ensure that authority to the President was one of of Latin America and Asia. A recent the negotiating objectives restore the the key components of our economic article in the Wall Street Journal de- proper focus of the fast-track author- success, and led to reduction in tariffs scribed the efforts of European trade ity. This authority is granted for one among developed countries from an av- negotiation to steal a march on the reason alone, to allow the President to erage of over 40 percent to just 6 per- United States and Latin America while negotiate the reduction or elimination cent at the end of the Uruguay Round. of barriers to U.S. trade. It is easy to forget that on the the debate on fast-track authority con- Authority granted in this bill is not strength of those grants of negotiating tinues here. There is even more at stake in up- designed to allow the President to re- authority, Democratic and Republican coming negotiations in the World write the fundamental objectives of our Presidents alike helped forge economic domestic laws. Rather, the fast-track relationships with our allies that have Trade Organization. We are scheduled process applies solely to those limited seen us through the succeeding decades to complete talks on opening foreign instances in which legislation is needed to the dawn of a new era. markets to our financial services, a American firms and American work- sector in which the United States has a to ensure that U.S. law conforms to our ers now compete in a global market- strong comparative advantage. international obligations. place for goods and services, and the Without fast-track authority, the There is one trade negotiating objec- economic future of each and every President is unlikely to be able to con- tive that has drawn particular atten- American now depends on our ability clude these terms or these talks on tion. It relates to foreign government to meet that challenge. The changes we terms most favorable to the United regulations. It includes labor and envi- see in the marketplace and in our daily States. In a little over a year, the ronmental rules that may impede U.S. lives represent the benefits and costs of World Trade Organization will once exports and investments in order to technological change. We should not again take up the difficult and conten- provide a commercial advantage to lo- make trade a scapegoat, as some do, tious issue of barriers to trade and ag- cally produced goods and services. for that process. riculture. Indeed, in this provision is the con- Progress brings dislocation and re- I know of no one in the agricultural cern that foreign governments might quires adjustment. Indeed, with every sector who was entirely satisfied with lower their labor, health and safety or expansion of our economy there are the outcome of the Uruguay round environmental standards for the pur- dislocations. This is an inevitable part talks. It is difficult, as a consequence, pose of attracting investment or inhib- of the economic process. Every expan- to conceive of a more harmful message iting U.S. exports. I want to emphasize sion exposes inefficiency. to send our own agricultural commu- that this negotiating objective is lim- At its most basic and personal level, nity than derailing fast-track negoti- ited to affecting conduct by foreign economic progress occurs when an indi- ating authority that will allow the governments in these areas. It does not vidual worker shifts from an inefficient United States to participate fully in authorize the President to negotiate way of doing things to a more efficient those talks. any change in U.S. labor, health, safety one, from stage coach driver, the origi- Thus, we in this body face a simple or environmental laws at either the nal teamster, to railroad engineer, to choice—we can reject our heritage as Federal or State level, nor does it au- truck driver, to pilot for an overnight the world’s greatest trading state, or thorize a negotiation of any rules that air delivery system. we can vindicate the faith of our fore- would otherwise limit the autonomy of Such transitions, of course, are not fathers and America’s ability to com- our Federal or State governments to always easy. I firmly believe that the pete anywhere in the world where the set their own health, safety, labor or

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I know of no one who is an advo- Moreover, the implementing legisla- Senate rules, have been provided in the cate of labor or environmental inter- tion may only include provisions nec- past, dating back to the Trade Act of ests that would want the President to essary to implement such trade agree- 1974. be able to negotiate international ment and provisions otherwise related As recently as 1988 a Democrat-con- trade agreements that effectively to the implementation, enforcement, weaken U.S. standards and then submit and adjustment to the efforts of such trolled Congress provided a Republican the implementing legislation on a fast- trade agreement that are directly re- President the legal assurance that track basis. Under this bill, no Presi- lated to trade. America would speak with one voice on dent can negotiate an agreement that Examples of such provisions would trade. I hope that a similar spirit of bi- raises or lowers U.S. labor or environ- include amendments to our anti- partisanship envelops us today. mental standards and then submit an dumping laws and extensions of trade Let me say in conclusion that if in implementing bill for consideration on adjustment assistance such as those re- 1988 my colleagues on the other side of a fast-track basis. authorized with this bill. the aisle do, for the good of this coun- Beyond setting the specific negoti- Finally, the implementing bill may try, see fit to entrust a President from ating objectives, we have also strength- include pay for provisions needed to another party with this authority, that ened Congress’ role in the trade agree- comply with budget requirements. today it would help us in extending ment process in several ways. Since this component of the imple- this authority to President Clinton. First, we have ensured the right of menting legislation does not address the two committees of the Congress the agreement and its implementation I yield the floor. that have general trade jurisdiction to but is included only to satisfy interim Mr. MOYNIHAN. Mr. President, I rise veto at the outset any negotiation that budget requirements, some have sug- with a measure of ebullience. By a might ultimately rely on fast-track au- gested that this portion of the imple- solid majority of both sides of the thority if those committees disagreed menting legislation be fully amend- aisle, we have just voted to do exactly with the President’s objective. This able. what our revered chairman said ought check on the Executive applies to all The Finance Committee decided to to be done, and reported how in the negotiations, not merely bilateral free follow previous fast-track legislation past it has been done. The vote was 69 trade negotiations as under prior law. out of concern that allowing amend- to 31. I think that augurs well. The only exceptions are for negotia- ments to this portion would make pas- I would particularly like to note a sage of the implementing bill more dif- tions already underway, such as finan- fact about this legislation which has ficult. There was concern about turn- cial services negotiations in the World been little remarked, the fact that ing every implementing bill into a gen- Trade Organization, those anticipated with great felicity and sense of historic eral tax bill, that pay for provisions with Chile. importance, the chairman has given to Second, the bill strengthens Con- might be offered by opponents to cause the bill the title the Reciprocal Trade gress’ role and the partnership with the mischief, and that adopting amend- Agreements Act of 1997. The Reciprocal President by requiring greater con- ments would create the need for con- sultation by our trade negotiators than ference with the House and would in- Trade Agreements Act, hearkening has ever occurred in the past. vite deadlock over nontrade issues. back almost two-thirds of a century to The bill requires the U.S. Trade Rep- In sum, the terms of the partnership 1934 when Cordell Hull, a former mem- resentative to consult closely and on a between Congress and the President ber of the Finance Committee, as Sec- timely basis throughout the process are these: If the President adheres to retary of State helped the Nation out and even immediately before the agree- the trade objectives expressed in the of the ruin that had been brought ment is initialed. The bill obliges the bill to which fast-track procedures about by the Smoot-Hawley Tariff Act President to explain the scope and apply, if he provides us an opportunity of 1930, a tariff meant to raise living terms of any proposed agreement, how to disapprove of a specific negotiation standards and do all the things that the agreement would achieve the pol- at the outset, if he consults with us seem so easy if you don’t think them icy purposes and objectives set out in closely throughout the negotiation through. this bill, and whether implementing right up to the time the agreement is If you were to make a list of five legislation on nontrade items would to be initialed, if the agreement is a events that led to the Second World also be necessary since only trade pro- trade agreement as defined in the bill, War and the horror of that war, that visions are entitled to fast-track treat- and if the implementing legislation tariff bill of 1930 would be one of them. ment. contains only the trade-related items I If there was a harbinger of the reemer- Any nontrade items would be handled noted, Congress agrees to allow an up- gence of the civilized world and the re- under the regular practices and proce- or-down bill after 30 hours of debate on institution of intelligent analysis of dures of the Senate, which allow for the implementing legislation. public policy, it was the Reciprocal amendment and unlimited debate. Now, I think for Congress that is a Trade Agreements Act of 1934. Clearly, many in the Congress have very good deal. I fully appreciate the been displeased in the past with cur- important role and responsibility this I might like to take a preliminary ef- sory and nontimely consultation. The body has in American Government: fort to note that in 1934 the United legislation in our report makes clear The right to offer amendments, to de- States, in fact, did two things of note that this will no longer do. bate the merits of an issue as long as regarding legislation before the Senate The bill provides an explicit provi- necessary, are rights not to be laid today. We passed the Reciprocal Trade sion allowing Congress to withdraw the aside lightly. That is why at every Agreements Act, and the President fast-track procedures with respect to juncture we have sought to refocus the proposed and Congress agreed to our any agreement for which consultation fast-track procedure on reducing trade membership in the International Labor has not been adequate. So not only barriers. Organization, two parallel but distinct does the legislation exhort the trade We have done our best to make sure measures. We began opening our trade negotiators to consult; it provides that matters of domestic policy remain and in the same year, same Congress, sanctions if they do not adequately do outside the limited scope of the fast- moved to join the International Labor so. track procedure. Such matters of do- Organization for purposes not different Third, the bill carefully cir- mestic policy should and will remain than ones we have expounded in this cumscribes the scope of the imple- subject to the traditional practices and legislation, which speaks directly to menting legislation that can be consid- procedures of the U.S. Senate. I would that issue. Now, the matter before the ered under fast-track procedures. Basi- not support this limited exception to Senate is of the highest portent and ur- cally, to qualify, the implementing leg- our Senate traditions were it not abso- gency. Just yesterday in the Wash- islation must be a trade bill. It must be lutely essential to our continued eco- ington Post our—how do I say it? Has limited to approving a trade agree- nomic leadership around the world. Bob

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11636 CONGRESSIONAL RECORD — SENATE November 4, 1997 Dole been gone long enough to be Of course, in 1994 we created the than 20,000 tariffs, resulted in an aver- called fabled, legendary? Certainly World Trade Organization. It took us a age tariff rate, by the estimate of the vastly embraced by this institution on long time. In the aftermath of World International Trade Commission, of 60 both sides of the aisle. Senator Dole, War II it had been understood we would percent. The result was ruinous, not Republican candidate in the last elec- have an international trade organiza- only to us, but to our trading partners. tion, wrote in yesterday’s Post, ‘‘the tion to correspond with the World The British abandoned their free trade fate of fast-track legislation this fall Bank and the International Monetary policy and went to empire preferences. may determine whether the President Fund. That never came to pass. It came The Japanese went to the Greater East ever will negotiate another free trade to grief, in point of fact, in the Finance Asian Co-Prosperity Sphere. In that agreement.’’ He urged that we give the Committee. year, Adolf Hitler became chancellor of President this power, a power which The WTO, the World Trade Organiza- Germany in a free election. Such was every President since President Ford tion, is beginning negotiations on agri- the degree of unemployment and seem- has had and which under the original cultural trade, protection of intellec- ing despair that the consequences of Reciprocal Trade Agreements Act has tual property. By intellectual property, the First World War would never be been in place for two-thirds of a cen- think Silicon Valley, think Microsoft, over. tury. think of all the innovations we have Next came one of the largest trade Since the fast-track authority made in the world, and the innovators events of the postwar period, the Ken- lapsed, as it did 3 and one half years have the right to see their work pro- nedy round, which came about because ago, the United States has effectively tected. And, again, international trade of the Trade Expansion Act of 1962. I been reduced to the status of an ob- in services, think banking, insurance, make the point, sir, that there were server as unprecedented new trading all those areas in which we have been persons at that time, as now, con- arrangements, bilateral and multilat- particularly excluded in the developing cerned about the impact of expanding eral, have been put in place. The world and which we can now negotiate. trade on American workers and Amer- changes in trade and patterns and ar- The Uruguay round of negotiations ican firms. As a condition of a Senate rangements that you see very much represented the first serious attempt to vote on giving the President the power correspond to the change in techniques address barriers to American farm to negotiate what became the Kennedy of production, in modes of manufacture products, but a great deal needs to be round—it was named for the President and in the information age of which we done. The last area of economic activ- who began it—we had to negotiate a have heard so much. They reflect the ity which is freed from protection will separate agreement, the Long-Term technological underpinnings which always be farm matters. It is one of the Cotton Textile Agreement, and three have changed the economies of the de- great events of our age that the great persons were sent to do this negotia- veloped world, are changing the devel- agricultural States in this Nation have tion: W. Michael Blumenthal, Deputy oping world, and in consequence, seen what trade can do for them and Assistant Secretary of State; Hickman change the economy. are supporting these measures. Agri- Price, Jr., an Assistant Secretary of For example, as the chairman re- culture is always protected, always Commerce; and myself, then an Assist- marked, Mexico and Chile negotiated a subsidized, but in 1999, the World Trade ant Secretary of Labor. We negotiated free trade agreement in 1991 and now Organization on that matter will begin to limit surges of imports that might are engaged in talks to expand the and we ought to take these negotia- come about from drops in tariffs. It scope of that agreement by the end of tions seriously. We ought to be part of was meant to be a 5-year matter, as I this year. On July 2 of this year, Can- them and now we will be. recall. That was 35 years ago, and it’s ada’s free trade agreement with Chile American farm exports in 1996 still in place. It was succeeded by the entered force, giving Canadian exports reached $60 billion in an overall global Multi-Fiber Agreement. We have not just that advantage, the 11-percent tar- market estimated at something more been unattending to the needs of our iff advantage, that the chairman has than half a trillion. So we have some- workers in these matters. To the con- spoken of. Remember, the pattern of thing like 10 percent of that trade. This trary. We began Trade Adjustment As- Canadian production and exports is export sector alone represents about 1 sistance in the 1970’s. We have more very like ours. We are in a competing million American jobs. Trade Adjustment Assistance in this world with them. We wish them every A similar situation exists with re- legislation. We negotiate these matters success. But there is no point in hin- spect to services trade, which was ad- with the interests of the American dering our own ability to negotiate and dressed for the first time in the Uru- worker in mind, and the evidence is the trade in the same way. guay round, and the financial services, standard of living we have achieved in If I may remind the Senator, we have banking, insurance, securities, are this country, of which there is no been here before. On March 4, 1974, scheduled to wrap up in December in equal. President Nixon’s Special Trade Rep- an important round of talks. Another With that point, sir, I would like to resentative, William D. Eberle, testi- round will begin on January 1 of the call attention to a very special issue. fied before the Finance Committee in year 2000 involving a full range of serv- We are asked by some to include in this support of the legislation that estab- ices, including such sectors as health legislation a requirement that trade lished the first fast-track procedures care, motion pictures, and advertising, agreements include provisions, in ef- for non-tariff matters. He said, ‘‘With- where American companies are among fect, statutory requirements, con- out the fast-track authority, our trad- the strongest in the world. I don’t cerning labor and the environment. At ing partners will continue to negotiate think it would be in any way inappro- first, it seems a good idea. Why not? but they will do so bilaterally and re- priate to recall the remarks of Presi- But let me tell you why not, and if I gionally, to the probable exclusion of dent Jiang Zemin of the People’s Re- can just presume on age at this point, the United States.’’ public of China just a few feet off the which is getting to be a factor in my Do not suppose that cannot happen floor here a week ago, in which he de- perspective. I have been there and it again. The United States is at a posi- scribed the formative experience of his doesn’t happen, it doesn’t work. tion of unparalleled influence and im- college years when he watched the film If you go to a developing country and portance in the world. That can ‘‘Gone With the Wind.’’ It is America say to them, ‘‘We would like to enter produce an unparalleled resentment that makes the movies for the world to into a trade arrangement whereby you with consequences that will move see. Getting them in is a matter of ne- will reduce your tariffs and barriers— through the generations to come. Do gotiation. Now we can do it. non-tariff barriers—we will do the not be overconfident in a moment such I would like to make a point of par- same, so we can have more trade,’’ and as this, and certainly do not be fearful. ticular importance to the matter be- at the same time, in the same setting, We have nothing to fear from world fore us. First of all, this is not a new say, ‘‘We want you to adopt higher en- trade. We gain from it. We have gained authority, untested or untried. We vironmental standards and higher from it. And now I am confident with have been with it for two-thirds of a labor standards,’’ right or wrong, the that resounding bipartisan vote, we century. The Smoot-Hawley Act, in negotiating partners will say, ‘‘Oh, you will. which Congress, line by line, set more want us to lower our tariff barriers and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11637 raise our costs.’’ Well, they won’t do it. The ILO is the oldest of our inter- Mr. President, I again thank my ‘‘You are asking that we be put at a national organizations. But it comes chairman for the felicity with which he double disadvantage. We put those tar- from an era when the idea of sending chose to give the name Reciprocal iffs in to protect ourselves against you, inspectors into a country to see wheth- Trade Agreements Act of 1997 to this and our environmental and labor er that country was keeping an agree- legislation. standards are those of a developing na- ment would have been thought much For the purpose of the RECORD, I ask tion. Now you want to put us at a dou- too radical. That all changed in the unanimous consent that the descrip- ble disadvantage.’’ It won’t happen. aftermath of World War II. tion of the ILO Core Human Rights There will be no such agreements. Just this moment, we are going Conventions be printed in the RECORD I can speak to this. I was Ambassador through something of a crisis with Iraq at this time. to India when our trade was at a very, over the right of American members of There being no objection, the mate- very low level. The great anxiety of the the inspection team from the Inter- rial was ordered to be printed in the Government of India was that we national Atomic Energy Agency to RECORD, as follows: would somehow use trade in a way that look into Iraqi production of nuclear ILO HUMAN RIGHTS (CORE) CONVENTIONS would disrupt their internal affairs, power and the possibility of nuclear The ILO’s human rights conventions, com- which was never our intention, but it weapons. That begins with the Inter- monly referred to as ‘‘core’’ conventions, are was a perception, and will be even more national Atomic Energy Agency, which receiving more attention as the debate on is part of the United Nations system. trade and labor standards continues after the so now. That is why I point to the ser- World Trade Organization’s ministerial endipity, if you would like, of the pro- You send inspectors in to see what they are doing. It is now a common practice meeting last December. visions in this bill. I made the point Informal agreement on which ILO conven- that the Reciprocal Trade Agreements over a whole range of international tions are human rights standards dates at Act—the original one—was enacted in concerns. least as far back as 1960. Formal recognition What we propose is that the Inter- 1934, and the United States joined the was achieved when the Social Summit in Co- national Labor Organization bundle, if International Labor Organization in penhagen in 1995 identified six ILO conven- you like, the core labor standards, and tions as essential to ensuring human rights 1934—a measure of great importance at then set about an inspection system, to in the workplace: Nos. 29, 87, 98, 100, 105, and that time. President Roosevelt was see to it how China is doing on prison 111. In addition, the United Nations High very firmly in favor of it, and Frances labor, or child labor, or how the United Commissioner for Human Rights now in- Perkins—and I talked to her about it— States is doing—we will be looked into, cludes these conventions as the list of ‘‘International Human Rights Instruments.’’ thought it was one of the central ini- too—and how countries around the tiatives. They saw it as parallel to The Governing Body of the ILO subse- world have done. Now, this will take quently confirmed the addition of the ILO trade—parallel. energy. I would like to think that, Convention on Minimum Age, No. 138 (1973), Over the years, the International somewhere in the executive branch, in recognition of the rights of children. An Labor Organization has developed a se- someone is listening to this debate be- ILO convention banning intolerable forms of ries of what are called the ILO Core cause these measures were proposed by child labor is in preparation and is scheduled Human Rights Conventions. There are for a vote on adoption in 1998. the President. But it takes energy in Conventions Nos. 87 and 98 form the cor- a great many important conventions, the executive to get this done. Come to but they tend to be on technical mat- nerstone of the ILO’s international labor think of it, Alexander Hamilton’s defi- code. They embody the principle of freedom ters. These go right to the rights of nition of good government was ‘‘energy of association, which is affirmed by the ILO working people. And there are not in the executive.’’ Constitution and is applicable to all member many. They are the Forced Labor Con- I would like to think that our Trade states. A complaint for non-observance of vention of 1930; Freedom of Association Representative, our Department of this principle may be brought against a and Protection of the Right to Orga- Labor, our Department of Commerce, member state under a special procedure, nize Convention of 1948; Right to Orga- will be actively involved. I say the De- whether or not the member state has ratified nize and Collective Bargaining Conven- these two conventions. partment of Commerce because busi- The following list presents the seven core tion of 1949; Equal Remuneration Con- ness is involved. The ILO is a tripartite conventions and their coverage. The chart on vention, equal pay for men and women, group. Business has a vote, the U.S. the reverse side of this sheet shows which of 1951; Abolition of Forced Labor Con- Council for International Business, as countries have ratified them as of December vention of 1957. does the AFL-CIO. They each have a 31, 1996. In 1991, I stood on the floor of this vote, and the U.S. Government has two NO. 29—FORCED LABOR CONVENTION (1930) Senate, with Claiborne Pell, then votes. This is a business-labor enter- Requires the suppression of forced or com- chairman of the Foreign Relations prise. We have been involved with it for pulsory labor in all its forms. Certain excep- Committee, and we called that up, and a very long time. Herbert Hoover, as tions are permitted, such as military service, it passed the U.S. Senate unanimously. Secretary of Commerce under Presi- convict labor properly supervised, emer- gencies such as wars, fires, earthquakes . . . It is our law now because we chose to dent Harding, sent delegates to the ILO NO. 87—FREEDOM OF ASSOCIATION AND PROTEC- make it our law. We passed it. It is a conference in Geneva from the Cham- treaty and we passed it as such. And TION OF THE RIGHT TO ORGANIZE CONVENTION ber of Commerce and from the AFL- (1948) then there was the Discrimination CIO. So we are addressing concerns Establishes the right of all workers and (Employment and Occupation) Conven- about the environment and labor employers to form and join organizations of tion of 1958, and the Minimum Age standards in their proper context and their own choosing without prior authoriza- Convention—a child labor convention— setting. If you want them, you have to tion, and lays down a series of guarantees for of 1973. do it there. the free functioning of organizations without Now, in this bill before you is an ex- If you only want not to have more interference by the public authorities. traordinary initiative. We fought for open trade, you can try it in negotia- NO. 98—RIGHT TO ORGANIZE AND COLLECTIVE an initiative by the United States to tions. But Mr. President, it won’t BARGAINING CONVENTION (1949) promote respect for workers’ rights by work. The trading partners just will Provides for protection against anti-union seeking to establish in the Inter- not agree. And if you want to take the discrimination, for protection of workers’ national Labor Organization a mecha- time to find it out, very well, but for and employers’ organizations against acts of nism for the systematic examination of the moment, I think you will find that interference by each other, and for measures to promote collective bargaining. and reporting on the extent to which the overwhelming judgment of econo- NO. 100—EQUAL REMUNERATION CONVENTION ILO members promote and enforce the mists is that what we have here is a (1951) freedom of a subsidization, the right to clean measure. That is the way to go. Calls for equal pay and benefits for men organize and bargain collectively, pro- And this is what we now need to do— and women for work of equal value. give the President fast-track author- hibition on the use of forced labor, pro- NO. 105—ABOLITION OF FORCED LABOR hibition on exploitive child labor, and a ity, which will enable him to enter ne- CONVENTION (1957) prohibition on discrimination in em- gotiations that will result in agree- Prohibits the use of any form of forced or ployment. ments, and with those agreements in compulsory labor as a means of political co- We have never before made such a place, we will go into the 21st century ercion or education, punishment for the ex- proposal. It has enormous possibilities. proud of what we began in the 20th. pression of political or ideological views,

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11638 CONGRESSIONAL RECORD — SENATE November 4, 1997 workforce mobilization, labor discipline, trade strategy and whether it works. lion trade surplus with Mexico and punishment for participation in strikes, or When I think of our trade strategy I that has collapsed to a $16 billion trade discrimination. think of watching a wedding dance deficit. NO. 111—DISCRIMINATION (EMPLOYMENT AND when I was a little boy. A man and According to an Economic Policy In- OCCUPATION) CONVENTION (1958) woman were trying to dance. One was stitute recent study, 167,000 jobs were Calls for a national policy to eliminate dis- dancing the waltz and the other was lost to Canada, 227,000 jobs lost to Mex- crimination in access to employment, train- dancing the two-step. Needless to say, ico, 395,000 jobs lost as a result of ing and working conditions, on grounds of NAFTA. The combined accumulated race, color, sex, religion, political opinion, it didn’t work out. We have a trade strategy that is a deficit as a result of NAFTA cannot national extraction or social origin and to possibly be anything that anyone promote equality of opportunity and treat- unilateral free trade strategy that says ment. we are going to confront others, who around here wants to stand up on the floor and raise their hand about and NO. 138—MINIMUM AGE CONVENTION (1973) have managed trade strategies, with our trade strategy. Somehow this say, ‘‘Yes, that’s what I envisioned. I Aims at the abolition of child labor, stipu- voted for that. That’s what I was hop- lating that the minimum age for admission strategy is going to work out. We are to employment shall not be less than the age going to open our markets but we are ing would happen.’’ of completion of compulsory schooling. not going to pressure other countries Surely we must have someone who to do the same. We are going to pass will come to the floor and say I voted Mr. MOYNIHAN. Mr. President, with- for this but boy, this turns out to be a out further comment, I yield the floor free trade agreements and we are going to move on to the next agreement pretty sour deal. We didn’t expect the once again with a sense of ebullience. deficits to expand and mushroom. Is We are going to do this. We kept the without enforcing the agreement we had. there someone who will suggest that faith. We followed the convictions and somehow this hasn’t worked out the the experience of Presidents going all I would like to just take inventory, if I might. Let’s take some inventory way we expected? Or is this, in fact, the way back to the 1930’s. the kind of thing that we embrace? Do So I close simply by quoting again, about what we have experienced in trade. For those who are color con- we have a trade strategy that no mat- Senator Dole in his fine op-ed piece in ter how bankrupt, we continue to say, yesterday’s Washington Post: scious, the red in this chart would not be considered good. Red represents ‘‘Yes, we are the parents. This is ours. The decision to give the President fast- This is our conception.’’ I am won- track authority is urgent and must be made deficits. This chart represents this country’s merchandise trade deficit. dering when enough is enough? now. Very simply, passing fast track is the Let’s look at the trade treaty tally. We have had 21 straight years of trade right thing to do. Our Nation’s future pros- We are told that if you don’t have fast- perity, the good jobs that will provide a liv- deficits. The last 3 years have been the track procedures given to this Presi- ing for our children and grandchildren, will worst three in the history of this coun- dent, he can’t do anything about trade. be created through international trade. try, and we will set a new record again They ask who on Earth would nego- Today it is more important than ever that this year. In 36 out of the past 38 years the debate between advocates of free trade tiate with him? Well, there have been we had current account deficits. We and protectionism is over. Global trade is a countries apparently that will nego- fact of life rather than a policy position. had 21 merchandise trade deficits in a tiate, because there have been 220 some That is why we cannot cede leadership in de- row. This year will mean 4 years of separate trade agreements negotiated veloping markets to our competitors higher record trade deficits. by the USTR since 1993. That is the through inaction, thereby endangering I want to ask a question. When you President’s own statement. He has ne- America’s economic future and abandoning suffer these sort of merchandise trade gotiated 220 agreements . Only two of our responsibility to lead as the sole remain- deficits every year—and they are get- them have used fast track. He didn’t ing superpower. ting worse, not better—is this a coun- Mr. President, I thank the Chair for need fast track on the rest of them. So try moving in the right direction? Is why would they have negotiated with his courteous attention and I yield the this a trade strategy we want more of? floor. him if he didn’t have fast track? Or should we, perhaps, decide that Fast track has been used five times The PRESIDING OFFICER (Mr. something is wrong and we ought to in this country’s history: The Tokyo BURNS). The Senator from North Da- stop and evaluate what doesn’t work round in 1975; United States-Canada, kota. and how do we fix it? 1988; United States-Israel, 1989; Mr. DORGAN. Mr. President, I lis- We are choking on red ink in inter- NAFTA, 1993 and the Uruguay round tened with interest to the two presen- national trade. This trade strategy and WTO—GATT, in 1994. tations. They are thoughtful Senators, doesn’t work. So the debate is going to Let me show you what has happened but Senators with whom I disagree. I be between those of us who want with respect to each of these areas. would like to spend some time describ- change and those who want to cling to When the Tokyo round took effect, we ing my view of where we are. Let me the same old thing. There are those of had a $28 billion annual merchandise start by saying what this debate is not us who believe this policy isn’t work- trade deficit. Then we had a United about. ing and we want to change that policy. States-Canada free trade agreement. This debate is not about whether we We want to reduce and eliminate these By that time the trade deficit was $115 should be involved in global trade. Nor trade deficits and expand this coun- billion. Go to NAFTA, $166 billion. is it about whether expanded global op- try’s trade opportunities. We want to Then the Uruguay round it was $173 bil- portunities are going to be part of this do it in a way that is fair to this coun- lion. We now are up to a $191 billion country’s future. That is not what this try and improves this country’s econ- merchandise trade deficit and it is get- debate is about. There are some who omy. Then there are those who say no, ting worse, not better. Does anybody will always say, the minute you start and who are against change. They are here think we are moving in the right talking about trade, that there are for the same old thing. They support direction? If you do, tell us we need those of us who believe in free trade the same, tired, shopworn strategy more of this. I guess that is what we and then there are the rest of you who that I say doesn’t work. That is what are hearing. This is working so well. don’t understand. They say that there this debate is about. Let’s have more of this red ink. Let’s are those of us who believe in the glob- The last debate we had about trade accumulate more of these deficits. al economy and the benefits and fruits was a few years ago. It was on NAFTA, Let me describe this here. I men- that come from being involved in ex- the North American Free Trade Agree- tioned the trade agreements, NAFTA, panded trade in a global economy, and ment. And you had fast track for that. and others. We have bilateral trade ar- then there are the rest of you who are It is a trade agreement with Canada rangements with Japan and China that xenophobic isolationists who want to and Mexico. Before we adopted that also yield huge deficits for this coun- build a wall around America. That is trade agreement we had an $11 billion try. One of our problems in this trade the way it is frequently described when trade deficit with Canada and we strategy that doesn’t work is that we we discuss trade. adopted that agreement and the trade negotiate bad agreements, No. 1; and But that is not what this discussion deficit has doubled. Before we adopted then, No. 2, we don’t enforce the agree- is about; not at all. It is about our this trade agreement we had a $2 bil- ments we negotiated.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11639 The American Chamber of Commerce ico where they could get people to The answer clearly is no. If we allow in Japan said the following: work for 40 cents an hour. producers to decide that in the world Indeed, the American Chamber of Com- For the past 75 years in Queens, NY, marketplace you can pole vault over merce in Japan was astonished to learn that workers have been making something all the discussions we have had for 50 no U.S. Government agency has a readily ac- called Swingline brand staplers. They years and you can produce where there cessible list of US-Japan agreements or their had 408 workers. They are now moving is a lot less hassle, you can move your complete texts. This may indicate it has the plant to Mexico. Nancy Dewent is often been more important for the two Gov- plant and move your jobs to a foreign ernments to reach agreement and declare 47 years old. She has been working at land, and you can dump the chemicals victory than to undertake the difficult task that plant for 19 years and was making in the water, you can pollute the air, of monitoring the agreements to ensure their $11.58 an hour. Manufacturing jobs are hire kids and pay a dime an hour and implementation produces results. often the better jobs, paying better you can bloat your profits and ship My point is this. We go out and nego- wages and better benefits. That assem- that product to Delaware, to North Da- tiate trade agreements and don’t even bly job, now, making staplers, will be kota, to Colorado, and to New York, is keep track of them let alone enforce in Mexico at 50 cents a hour. That that fair trade? them. We can’t even get a list of them. plant owner expects to save $12 million It is not fair trade where I come No Federal agency had a list of the a year by moving that plant to Mexico from. That is not fair trade. This coun- trade agreements we had with Japan. and selling the products back into the try ought to be concerned about the Does that tell you they are probably United States. conditions of trade and about the cir- not being enforced, aside from the fact Borg Warner is closing a trans- cumstances of trade that we are in- they were not negotiated well? I can mission plant in Muncie, IN. That volved with. That is why we have these give chapter and verse on negotiations means 800 people will lose their jobs, swollen trade deficits year after year with Japan on which we are able to jobs that were paying an average of after year. I know those who push fast lose almost in a nanosecond. $17.50 an hour. Production is moving to track and push the current system, the Senator HELMS reminded me the Mexico. same old thing, say, ‘‘We are the ones other day of something I read pre- Atlas Crankshaft, owned by Cummins for expanded trade.’’ I don’t think so at viously by Will Rogers. He said many Engine, literally put its plant on all. years ago, ‘‘The United States has trucks and moved the plant from Fos- The reason we have not gotten our never lost a war and never won a trea- toria, OH, to San Luis Potosi in Mex- products into foreign markets, at least ty.’’ That is certainly true with respect ico; 200 jobs gone south. not with the success we should have, is to trade. Take a look at these records In North Baltimore, OH, the Abbott this country doesn’t have the nerve and tell me whether you think this Corporation produces wiring harness and the will to require it, and the other country is moving in the right direc- for Whirlpool appliances, closed its countries know it. They know there tion in trade. plant; 117 jobs moved to Mexico. are going to be enough in the Senate So, what is this about? One of the Bob Bramer, who worked 31 years at and enough in the House to stand up columnists for whom I have very high Sandvik Hard Metals in Warren, MI, and make these claims that if you regard in this town is David Broder. I watched his plant closed down. The don’t support the current trade strat- think he is one of the best journalists equipment was put on trucks and egy and you don’t support expanded in Washington, DC, and he writes a col- moved to Mexico. Another 26 American trade, that you are a protectionist. umn today that could have been writ- jobs gone south. Other countries know that. This coun- ten by virtually anybody in this town People say you don’t understand. try doesn’t have the nerve and the will because they all say the same thing: If That is the natural order of things. If to say to Japan and China, Mexico, and Clinton fails to win fast-track negoti- we can’t compete, tough luck for us. If others that if our market is open to ating authority, ‘‘it would threaten a we can’t compete we lose our jobs. you, you had better understand that central part of his overall economic The question we ought to ask our- your market is required to be open to policy, it would signal a retreat by the selves in this discussion is not whether us. Our country simply has not re- United States from its leadership role this is a global economy. It is. Not quired that of our trading partners. for a more open international market- whether we are going to have expanded Until it does, we will continue to run place.’’ trade, we should. We are a recipient for these huge swollen trade deficits. I have great respect for him. I think massive quantities of goods produced The question that we will get to soon he is one of the best journalists in in China, massive quantities of goods will be a narrower question of fast- town. Yet my point is that he says produced in Japan and in Mexico and track trade authority. Very simply, for what they all say. There becomes a elsewhere. The question is not whether those who don’t know what that ‘‘speak’’ in this town, about these our economy is going to assimilate and means, it means that the President issues. Then because everybody says it, purchase much of those goods. The will go off and negotiate a trade treaty they think it is true. question is what is fair trade between through his trade negotiators, bring it It is not the case that if this Con- us and these countries? I hope, in this back to the Congress, and then fast- gress doesn’t give fast-track trade au- discussion, we might get to this ques- track authority means no one in Con- thority to this President, that we will tion. Is there anything—is there any- gress may offer any amendments. not be able to have future trade agree- thing that would concern Members of I have been through this with the ments and will not be able to expand Congress about what is called the free United States-Canada trade agreement. our international trade. It is the case market system and accessing the I want to describe for my colleagues that some of us believe we ought to American marketplace with foreign why I feel so passionate about this. stand up for the economic interests of production? The United States-Canada Free- this country. For example, is it all right to hire 12- Trade Agreement passed the Congress. Let me go through a few points be- year-old kids and pay them 12 cents an I was in the House of Representatives cause we are going to deal with this hour and work them 12 hours a day and at the time and on the Ways and Means issue in macroeconomic terms. We are have them produce garage door open- Committee, where it passed by a vote going to be hearing the debate about ers? Is that all right? Is that fair trade? of 34 to 1. I was told just before the theory, and all of the trade concepts And then ship those garage door open- vote, ‘‘We have to have a unanimous that people have. Then we negotiate ers to Pittsburgh, Los Angeles, Fargo, vote here in the House Ways and Means trade agreements and then the jobs and Denver and then compete with Committee. We need to get everybody leave and people lose their jobs and it someone in this country who produces voting for this. You can’t be the only doesn’t matter, I guess, to some be- the same garage door openers, hires holdout. How would you feel about 34 cause these are just the details. American workers, has to abide by to 1? What does that say, 34 to 1?’’ Jay Garment Corporation had two safety laws, by child labor standards, I said, ‘‘No, that is not a source of plants with 245 jobs in Portland, IN and by workplace safety laws, and pay min- trouble to me, that is a source of enor- Clarksville, TN. They produced blue imum wages? Is that fair trade? Is it mous pride, because you are engaging jeans. They moved the plants to Mex- fair competition? in a trade agreement with Canada that

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11640 CONGRESSIONAL RECORD — SENATE November 4, 1997 fundamentally sells out the interests of for the economic interests of this coun- foreign home for much of what it pro- the American farmers.’’ try’s producers. duces. I am not someone who wants to ‘‘We don’t do that,’’ they said. ‘‘In I know there are people here who say, retard trade. I want to expand trade. fact, we’ll provide you paper,’’ and they ‘‘Gosh, look how well things are going But I am someone who believes our Na- shoved all this paper at me saying that in this country; things are going so tion’s trade strategy has not worked. we guarantee, we promise and they well.’’ In fact, we have a proclivity in Instead, we need a new trade strategy made all the promises in the world, and this country to measure how well we to expand exports, to expand oppor- I still voted against it. are doing every month by what we con- tunity and to diminish and eliminate Guess what is happening? The United sume. If we have good consumption these bloated trade deficits that States-Canada trade agreement went numbers, boy, we are doing well. threaten, in my judgment, this coun- into effect and our farmers, especially It is not what we consume that meas- try’s economic future. Mr. President, I in North Dakota and the northern part ures the economic health of a nation, it yield the floor. of this country, have seen a virtual del- is what we produce. No country will Mr. HOLLINGS addressed the Chair. uge of Canadian grain coming into our long remain a strong economically The PRESIDING OFFICER (Mr. GOR- country undercutting our markets, healthy country, a country with a TON). The Senator from South Caro- taking $220 million a year out of the strong economy, unless it retains a lina. pockets of North Dakota farmers— strong, vibrant and growing manufac- Mr. HOLLINGS. Mr. President, in the durum wheat, barley. So we complain turing base. That is not the case in this trial of a case, when you present a wit- about it and say this is unfair trade. It country, because we have decided with ness such as a doctor or an engineer, is clearly and demonstrably unfair trade agreements that it is fine for you qualify the witness by providing trade. American producers to get in a small his background and experience. I am in It comes in from a state trading en- plane, circle the globe, find out where the same position of having to qualify terprise in Canada called the Canadian they can relocate their plant and pay myself—not that I am expert on any Wheat Board, which would be illegal in pennies an hour and not be bothered by particular thing—because only yester- our country. It is clearly unfair trade. child labor laws or by environmental day in a discussion on the floor, one of Just as clearly to me, it violates our restrictions or by minimum wages or my esteemed colleagues said, ‘‘I know antidumping laws because every bushel all the other things we fought about how you are going to vote with respect that comes in comes in with secret for 50 to 75 years in this country, move to fast track because you are against prices. In our country, when you sell the production there, produce the same trade.’’ Mr. President, nothing could be grain, prices are fully disclosed. With product and ship it back here. The net further from the truth. the Canadian Wheat Board those are result is a trade loss for this country, a Let me say at the very beginning secret prices by a state trading enter- loss of good-paying, important manu- that I was raised and still live in a port prise that would be illegal in this coun- facturing jobs for this country, and a city. I worked in that port two sum- try. continued erosion of this country’s mers, paying my way through college For 8 years this has gone on, and we manufacturing base. That, I think, is with a coastal geodetic survey before can’t correct it. Why? Because this moving in the wrong direction. World War II, when we were laying sub- trade agreement was so incompetently Mr. President, I am not going to take marine nets in the harbor. negotiated that we traded away our the full hour allotted to me at this I also was a lawyer later on in life, ability to solve the trade problems re- point. I intend to, at another point in practicing before the U.S. Customs sulting from it. this process, speak more about the Court with the Honorable Judge Paul I come here to say this. I have great issue, but I want to finish by saying, Rayall of New York. As an attorney, I respect for this President. This Presi- once again, that we will have, I as- also represented the South Carolina dent has taken some of the few enforce- sume, a discussion that represents the Port Authority. So I am familiar with ment actions that have ever been same old discussion, and that is an at- the field of trade law. taken with respect to some of our trad- tempt to portray those who don’t sup- Later, as Governor of South Caro- ing partners. But, until this President port this fast-track proposal as those lina, I had the privilege of putting in and until these trade negotiators and who don’t support expanded inter- all the expanded facilities for our State others involved in our current trade national trade. ports, such as grain elevators for our strategy in our country demonstrate Let me portray it the way I think it farmers so that they could compete, the nerve, the will and the interest to really is. We have some people clinging but more particularly. During my ten- stand up for the interests of American to a failed trade strategy that has pro- ure as Governor, I also was one of the producers and, yes, farmers and manu- duced the largest trade deficits in the first elected representatives to take facturers and workers; until they dem- history of this country, clinging to it trips abroad to promote trade and to onstrate a willingness and ability to with their life because they resist encourage foreign companies to open stand up for the interests of this coun- change at every turn. There are those plants in the United States. try, I do not intend to vote for fast- of us who understand that this trade I was just thinking the other day, track trade authority. strategy does not strengthen this coun- when the President was going for the Once we decide as a country we are try. It weakens this country. Increas- first time to Latin America, that I willing to stand up for our economic ing deficits don’t strengthen this coun- took that trip to Buenos Aires, Argen- interests and say to China, ‘‘You can- try. They undermine this country. tina, back in 1960. I have been there a not continue to run up a $50 billion Those of us who believe that it is time half dozen times since then. And I have trade surplus with us; we cannot con- to change our trade policies. been not just to Sao Paulo but to the tinue to stand a $50 billion trade deficit Do we want to change by keeping im- port of Santos in Brazil and to Caracas, with you,’’ or say to Japan, ‘‘We will ports out? No. Do we want to change by where we buy now a majority of our not allow you year after year after retreating from the international econ- oil. year every year to have a $50 to $60 bil- omy? No. We want to change by insist- I learned early on in looking for lion trade surplus with this country’’— ing and demanding that it should be trade opportunities that my hometown we have a deficit with them; they have fashionable for a while to stand up for of Charleston is 350 miles closer to Ca- a surplus with us. the economic interests of this country racas, Venezuela, and the Latin Amer- What does that mean. The past 21 and that those who do so should not be ican markets than New Orleans. Look years of merchandise trade deficits called protectionists. Those of us who at it sometimes—the offset of the contribute a combined nearly $2 tril- stand up, do so in a way that is de- South American continent—and you lion to our current accounts deficit? It signed to strengthen and to expand our will see that my hometown of Charles- means somebody has to pay the bill country’s economic opportunity in the ton is about on the same latitude as some day. When we pay the bill, we years ahead. the Panama Canal. will pay it with a lower standard of liv- So, Mr. President, we will have many So I went after trade and have been ing in this country, all because we had hours this week to talk about trade. I working on trade for at least 40 years, a trade strategy that did not stand up come from a State that needs to find a as an attorney and as Governor. Today,

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11641 my office in Charleston is in the Cus- and Bosnia. We work hard in all the Industry/commodity Ratio imports to toms House. councils of the world to promote the group domestic consumption I have participated in the various health and welfare of the free world. in percents Steel Mill products ...... 16.7 trade debates in my 30 years in the Our commitment to democracy and Industrial fasteners ...... 29.5 U.S. Senate. I have heard the same human rights is unwavering and our Iron construction cast- things come up time and time again democratic values still are strong, as ings ...... 46.2 without any understanding of the fact was noted here just last week on the Cooking and kitchen that we do not have a trade policy. We visitation of Jiang Zemin. ware ...... 59.5 have a foreign policy. But, Mr. President, the third leg of Cutlery other than table- A friend who says you are against our Nation’s security—and this must ware ...... 31.8 trade and he is for foreign aid is not for Table flatware ...... 63.6 be emphasized—is the economic leg. Certain builders’ hard- trade. We were fat, rich, and happy Unfortunately, the economic leg has ware ...... 19.5 after World War II, and, yes, we taxed been fractured over the last 50 years, Metal and ceramic sani- ourselves to the tune of what would be somewhat in an intentional manner. tary ware ...... 18.2 equal to some $80 billion in today’s I mentioned the Marshall plan. I Machinery: amounts. We couldn’t even get taxes to mentioned the expertise we supplied to Electrical transformers, pay our own bills, much less the van- our vanquished foes. I mentioned the static converters, and quished enemy in Europe and in the attempt to build up freedom and cap- inductors ...... 38.6 italism around the world, continuing Pumps for liquids ...... 29.8 Pacific, but we taxed ourselves and we Commercial machinery .. 19.7 sent over not just the best expertise to today with the fall of the wall in Eu- Electrical household ap- tell them how to develop industrially, rope and the capitalistic trends even in pliances ...... 18.2 but more particularly, Mr. President, People’s Republic of China. And we Centrifuges, filtering, the best machinery. have succeeded in this policy, so we do and purifying equip- I have always heard people talk not regret it. But too often over the ment ...... 51.2 about textile fellows. According to last 50 years we have given in to our Wrapping, packing, and critics, we want subsidies and protec- competitors. can-sealing equipment 26.7 When 10 percent of U.S. textile con- Scales and weighing ma- tionism. Now, we have asked for en- chinery ...... 29.8 forcement of and protection under U.S. sumption was provided by imports, Mineral processing ma- international trade agreements, but we President John F. Kennedy declared an chinery ...... 64.2 never have asked for subsidies like the emergency, and under the law he ap- Farm and garden ma- airline manufacturers receive, for ex- pointed a cabinet commission. And he chinery and equipment 21.7 ample. had the Secretaries of Treasury, Agri- Industrial food-proc- And of course, much of our tech- culture, Commerce, Labor and State essing and related ma- nology comes from Defense. Then we meet. In May, 1961, complying with na- chinery ...... 23.0 tional security provisions, they deter- Pulp, paper, and paper- make sure that it is financed under the board machinery ...... 34.4 Export-Import Bank. And incidentally, mined that before President Kennedy Printing, typesetting, the $3 billion contract with China, you could move, he was required to find and bookbinding ma- might as well count on only a percent- that the particular commodity was im- chinery ...... 54.8 age of that—China is in part trading portant to our national security. Metal rolling mills ...... 61.4 with itself, because it has Boeing China At the Department of Defense, this Machine tools for metal where they make the tail assemblies, particular commission found that next forming ...... 61.4 and they make the electronic parts in to steel, textiles were the commodity Non-metal working ma- most important to our national secu- chine tools ...... 44.1 Japan, and everything else of that Taps, cocks, valves, and kind, so we can look at really where rity. After all, our Government could similar devices ...... 27.6 the contract is being sourced. not send our soldiers to war in a Japa- Gear boxes, and other Unfortunately, Mr. President, we are nese-made uniform. So President Ken- speed changers, torque exporting our most precious tech- nedy took action and formulated a 7- converters ...... 30.5 nology. General Motors, for example, point program with respect to textiles. Boilers, turbines, and re- has agreed not only to produce cars in But this program has never been en- lated machinery ...... 48.0 the People’s Republic of China, but forced. Electric motors and gen- I continue to say that if we were to erators ...... 21.1 also China has required, Mr. President, Portable electric hand that they design the automobiles. So go back to our dumping laws and en- tools ...... 27.4 the new cars that we in America will force them, we wouldn’t have to have a Nonelectrically powered be buying here at the turn of the cen- debate of this kind on the floor of the hand tools ...... 34.1 tury will be designed in downtown U.S. Senate. But they are not enforced, Electric lights, light Shanghai with the finest computeriza- Mr. President, and now two-thirds of bulbs and flashlights ... 31.0 tion and machinery being installed the clothing worn here on the floor of Electric and gas welding there now by American companies. the U.S. Senate is imported. And 86 equipment ...... 18.4 Insulated electrical wire So we watch this particular trend. percent of the shoes are imported. While I am on this subject, Mr. Presi- and cable ...... 30.9 And we understand that the adminis- Electronic products sector: tration and those championing fast dent, we have gradually gone out of the Automatic data proc- track are totally off-base with respect role of a productive United States of essing machines ...... 59.3 to the welfare of the United States of America to a become a consuming peo- Office machines ...... 48.0 America, with respect to the security ple. Telephones ...... 26.2 of the United States of America. I ask unanimous consent to have Television receivers and Mr. President, the Nation’s security printed in the RECORD a ratio of im- video monitors ...... 53.4 ports to domestic consumption of var- Television apparatus (in- rests on a three-legged stool. The three cluding cameras, and legs comprise our defense, values, and ious items. There being no objection, the mate- camcorders) ...... 74.7 economy. And we have the one leg that Television picture tubes 33.8 is military power, which is unques- rial was ordered to be printed in the Diodes, transistors, and tioned. Our troops and our military RECORD, as follows: integrated circuits ...... 60.6 technologies are without equal in the 1996 Data Electrical capacitors and world today. This leg is sound. Industry/commodity Ratio imports to resistors ...... 68.1 The second leg is that of our Nation’s group domestic consumption Semiconductor manufac- turing equipment and values. This leg, too, is sound, our val- in percents Metals: robotics ...... 21.9 ues unquestioned. We commit ourselves Ferroalloys ...... 52.8 Photographic cameras to freedom, democracy, and individual Machine tools for cutting and equipment ...... 84.0 rights the world around—from Haiti metal and parts ...... 44.3 Watches ...... 95.9

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0655 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11642 CONGRESSIONAL RECORD — SENATE November 4, 1997 Industry/commodity Ratio imports to the so-called bill with the cloture mo- That brings us back to our earliest group domestic consumption tion, and now the world’s most delib- days and the mistaken idea that there in percents erative body is not going to have a is somewhere, somehow, other than Clocks and timing de- vices ...... 54.9 chance in the world to deliberate. We here in the United States, free trade, Radio transmission and had no debate on Monday, and now free trade, free trade, free trade. There reception equipment ... 47.9 after forcing a vote on Tuesday they is absolutely no free trade in the world. Tape recorders, tape say, ‘‘All right. You’ve got an hour.’’ Trade is reciprocal and competitive. players, VCR’s, CD Oh, isn’t that fine. Isn’t that polite? The word ‘‘trade’’ itself means some- players ...... 100 Isn’t that courteous? Isn’t it Senato- thing for something. If it is something Microphones, loud- rial? Not at all. Not at all. for nothing, it is a gift. speakers, and audio What we really need is an extended I know some people talk about dif- amplifiers ...... 67.6 Unrecorded magnetic debate on the most important item ferent subsidies and different nontariff tapes, discs and other that faces this country—our economic trade barriers, and that is what they media ...... 48.2 security. mean. But what has come about, as we Textiles: Today we practically are out of busi- have been setting the example by just Men’s and boys’ suits and ness in manufacturing. People talk that, with free trade with Chile, our sport coats ...... 39.4 about the manufacturing jobs that average tariff was 2 percent. The aver- Men’s and boys’ coats have been created, but 10 years ago we age tariff in Chile is 11 percent. So the and jackets ...... 56.3 had 26 percent of our work force in people in Chile now almost have free Men’s and boys’ trousers 37.7 Women’s and girls’ trou- manufacturing. We are down to 13 per- trade. We have almost nothing left to sers ...... 47.9 cent of jobs now in manufacturing. swap in order to bring them to terms Shirts and blouses ...... 54.8 I go right to one of our adversaries, to open their markets. Sweaters ...... 71.1 who is one of the finest industrialists As long as we cry and moan and Women’s and girls’ suits, in the history of man, Akio Morita of grown, ‘‘free trade, free trade,’’ like the skirts, and coats ...... 55.9 Sony Corp. And on a seminar in the arrogant nonsense that somehow our Women’s and girls’ early 1980’s, in Chicago, we were talk- way is the only way, we are going to dresses ...... 26.9 ing about the developing Third World wake up in America like the United Robes, nightwear, and underwear ...... 51.0 countries. And he said, ‘‘Oh, no. They Kingdom. They told Great Britain at Body-supporting gar- cannot become a nation state until the end of World War II, ‘‘Don’t worry, ments ...... 37.0 they develop a strong manufacturing instead of a nation of brawn, you’re Neckwear, handkerchiefs capacity.’’ And later on in that sem- going to be a nation of brains. And in- and scarves ...... 55.5 inar he pointed to me and said, ‘‘By the stead of producing products, you’re Gloves ...... 68.5 way, Senator, that world power that going to provide services. And instead Headwear ...... 50.5 loses its capacity of manufacturing of creating wealth, you’re going to Leather apparel and ac- will cease to be a world power.’’ cessories ...... 70.2 handle it and be a financial center.’’ Rubber, plastic, and We are going to have Veterans Day And England has gone to hell in an eco- coated fabric material 86.4 here very shortly. And I think back to nomic handbasket; downtown London Footwear and footwear my the 3-year jaunt overseas in World is an amusement park. Poor Great parts ...... 83.1 War II and the invasion of North Afri- Britain: it is not great any longer. And Transportation equipment: ca, and Corsica, and Southern France. that is the road that we are on here in Aircraft engines and gas And I remember well how valiant our the United States. turbines ...... 47.5 fighting men were. And I take pride in I want to get off that road and sober Aircraft, spacecraft, and average citizens from the main streets these folks up and let them stop, look, related equipment ...... 30.5 Internal combustion en- and farms of America volunteering to and listen to what they are talking gine, other than for fight and die for our Nation. about. I would like, Mr. President, to aircraft ...... 19.9 In those days, when we looked up at emphasize what the global competition Forklift trucks and in- the skies we saw our wonderful Air is. Some act as if it’s something new, dustrial vehicles ...... 21.5 Force. And we saw them bombing the and we have just come into it. No. We Construction and mining adversary into smithereens, to the started 220-some years ago, in the ear- equipment ...... 28.6 point where they had no productive in- liest days of our republic. Ball and roller bearings .. 24.9 dustrial manufacturing capacity. We, Thinking today about this particular Batteries ...... 26.4 Ignition and starting in contrast, were turning out five B– celebration we are going to have this electrical equipment ... 22.3 29’s a day at the Marietta plant just evening, I realized that in 1816, when Rail locomotive and roll- outside of Atlanta. They were not turn- the Commerce Committee was first ing stock ...... 22.8 ing out any planes at all. Their plants started, it was started as the Com- Carrier motor vehicle had been destroyed. And so we had a mittee of Commerce and Manufac- parts ...... 19.5 superiority of equipment and every- turing. Commerce and Manufacturing Automobiles, trucks, thing else as we moved forward was the name of it. buses ...... 39.0 That was foremost in the minds of Motorcycles, mopeds, through Alsace and across the Rhine. and parts ...... 51.8 And as much as congratulating all the Founding Fathers when they Bicycles and certain the veterans on Veterans Day, I will be thought about our relations with Great parts ...... 54.5 making talks like other politicians. I Britain, the mother country, once we Miscellaneous want to emulate Rosy the Riveter who, had won our freedom and were a fledg- manufactors: back home, kept things going. It was ling colony. The British wanted to Luggage and handbags ... 76.9 the wonderful productive capacity of trade with us under the doctrine of Leather goods ...... 37.4 the United States of America that kept competitive advantage. They said at Musical instruments and instruments ...... 57.7 this world free. Let us never forget it. that particular time that what you Toys and models ...... 72.3 So when we talk of trade, we are talk- ought to do back in the colony is trade Dolls ...... 95.8 ing of something of historic propor- with what you can produce best and we Sporting Goods ...... 32.0 tions here. will trade back with the little fledgling Brooms and brushes ...... 26.5 I will go to the history here in the colony from the United Kingdom what *1996 data from ITC publ. 3051 unlimited time because in a few we produce best—free trade, free trade, Mr. HOLLINGS. Mr. President, my hours—in an hour and a half, to be Adam Smith, Adam Smith, free trade, time is limited. It is unfortunate we exact—the Commerce Committee, with consumption. have forced cloture. We have had no de- the Capitol Historical Society, will cel- Well, Alexander Hamilton wrote ‘‘Re- bate. This is an arrogant procedure: on ebrate the 181st anniversary of the port on Manufactures,’’ and there is a Friday afternoon, late on Friday Committee of Commerce, Space, one copy left that I know of over at the when everyone was gone, they put in Science, and Transportation. Library of Congress under lock and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11643 key. I won’t read it—I would if we had tinue to stay home and work your own In its defense of fast-track to boost trade extended time where we can debate work force and go bankrupt. deals, the Clinton administration has com- this and begin to understand the That is the jobs policy of this Con- pletely ignored this approach: that the main Founding Members. In a line in that gress. That is the jobs policy of this reason we trade is to get good, low-priced fast track. That is the jobs policy of imports, which, incidentally, help keep down booklet, Alexander Hamilton told inflation. Politicians have spent so much of Great Britain essentially, bug off, we President Clinton and his administra- their time helping producer interest groups are not going to remain your colony. tion. That is why I am so strongly op- (a term that always includes big labor) that The second act ever enacted by Con- posed to this kind of nonsense. they’ve forgotten the best argument for free gress—which had a mindset of competi- They come around here with talking trade—that it’s a tremendous boon to con- tion and building, rather than buying about consulting and retraining and sumers. votes with consumption and tax cuts everything else of that kind but the But consumers, who, by their very nature, are unorganized, are consistently given short and free trade and all that kind of non- truth of the matter is, I will take them down to Andrews or some other towns shrift—even by groups, such as Ralph sense—passed a tariff of 50 percent on Nader’s, that purport to represent them. some 60 articles, which included tex- in my State of South Carolina. We Take Attorney General Janet Reno’s mil- tiles, iron, and just about everything have lost, since NAFTA, some 23,500 lion-dollar-a-day fine against Microsoft, else. jobs when counted last May and over hailed by Nader and based on her claim that What we said was ‘‘no, thank you.’’ 25,000 jobs easily since then. the company is ‘‘forcing PC manufacturers We are going to follow Friedrich List, Go to where they make simple T- to take one Microsoft product as a condition who said that the strength of a nation shirts, in Andrews, SC, where they had of buying a monopoly product like Windows is measured not by what it can con- 487 workers. The age average is 47 95.’’ years. And let’s do it Washington’s Yes, producers are forced to do something sume but rather by what it can they may not like, but consumers get some- produce. And the Founders said that way, let’s retrain the 487 workers so to- thing free—a browser that helps them move they we going to produce our own in- morrow morning they are all computer around the Internet. It’s difficult to see how dustrial backbone, beginning with tar- operators. Are you going to hire the 47- the aggressive, even vicious, competitive iffs and instituting a Committee of year-old computer operator or the 21- tactics of companies like Microsoft and Intel Commerce and Manufactures. year-old computer operator? You are have hurt consumers, who now enjoy more This mindset continued through not going to take on the health care and more computer power for less and less costs, the retirement costs of the 47- money. President Lincoln. His advisors told It’s nonsense to believe that a computer the President during the construction year-old. Andrews is drying up. They industry in a constant state of revolution of the transcontinental railroad, ‘‘Mr. are gone with all this retraining. We will thwart individuals unless government President, we ought to get that steel don’t need retraining. I have the best steps in. It’s consumers who determine cheap from England.’’ And he said ‘‘No, training facilities. That is how I get whether a product succeeds or fails. For an we are going to build the steel mill, Hoffmann-La Roche, BMW and all the economy to reward the best producers, con- and when we get through we not only sophisticated plants, Honda and other- sumers have to be given free rein to make will we have the transcontinental rail- wise, that are coming into my State. choices and send signals about what they really want. road but we will have a steel capacity So we say with knowledge that we are not against trade; we have experi- Unfortunately, the history of antitrust— to make the weapons of war and the not to mention trade policies like high tar- tools of agriculture.’’ ence in this field. In South Carolina, iffs, quotas and anti-dumping rules—reveals And in the darkest days of the De- we have the best industries on the one a pattern of enforcement that benefits politi- pression we passed price supports for hand, 2.8 percent unemployment in cally powerful producers, while paying only America’s agriculture which this Sen- Greenville County. But go down to Wil- lip service to consumers. ate supports. It is not like we are liamsburg County and you have 14 per- If I seem overly agitated about producer- against the farmer. I have had the cent unemployment. favoritism, it’s because I’ve seen the deadly results. I just returned from a trip to Ger- pleasure of being elected six times, and On October 28, one week ago, the Washington Post published an editorial many, a country which, only a few years ago, each time the farm vote has either put U.S. politicians held up as an ideal. Today, me over the top or saved me. I have by James Glassman. Obviously, Mr. there’s a complacency and hopelessness been elected six times. I have the Glassman does not understanding ex- about the economy. Unemployment is 11.7 greatest respect and we had not only actly what is at issue here. percent. ‘‘This has little to do with the busi- the price supports but protective I ask unanimous consent to have the ness cycle,’’ Otto Graf Lambsdorff, the re- quotas, import quotas. article printed in the RECORD. spected former economics minister, told me. Eisenhower, in 1955, put in oil import There being no objection, the article ‘‘It is structural unemployment.’’ Germans are—stereotypically and actu- quotas so we could build up our own ca- was ordered to be printed in the RECORD, as follows: ally—precise, diligent, well-educated and pacity of oil production. So we have technically proficient. But between 1990 and [From the Washington Post, Oct. 28, 1997] been practicing that until we have been 1996, their total industrial output actually overcome, so to speak, with the multi- CONSUMERS FIRST declined by 3 percent while that of the national singsong. (By James K. Glassman) United States rose 17 percent. (Output in You see the policy of building up cap- We work in order to eat, not vice versa. In Japan, another producer-oriented economy italism the world around has worked. I other words, an economy should, first and that’s in the dumps, fell 5 percent.) was with the manufacturers in the foremost, benefit consumers, not producers— Why? One reason is the drag imposed by individuals rather than the established inter- the sheer size of the German welfare state, early 1950’s. They hated to fly all the ests of business and labor. but at least as important is an economic pol- way to the Far East and come back. This simple truth, which is regularly ig- icy that consistently stymies the interests of But after a while they found out they nored by politicians and the media, is at the consumers. could produce cheaper by producing heart of many of our current debates—over For instance, wage agreements, enshrined overseas. free trade, taxes and, most recently, the in law, are set by the big manufacturers and We had this testimony and we had antitrust action against Microsoft. their unions, then imposed on smaller com- the hearing before the Finance Com- Adam Smith said it best in 1783: ‘‘Con- panies—a process that prevents serious com- mittee which is a procedure of par- sumption is the sole end and purpose of all petition that would drive down prices and production, and the interest of the producers help Germans live better. liamentary fix. We had hearings that ought to be attended to, only in so far as it German regulations also keep new en- proved that 30 percent of the cost of may be necessary for promoting that of the trants out of the marketplace. The medieval manufacturing is in labor and you can consumer.’’ guild system still rules, and it’s hard to start save as much as 20 percent of your That’s why free trade is so beneficial. If we a business without the certification of com- labor costs by moving offshore to a make it easy for Italy to export inexpensive panies that are already in it. Three people low-wage country. In other words, if shoes to us, then U.S. shoemakers may have told me the same story: Bill Gates never you have a volume or sales of $500 mil- to find jobs in other fields. But, meanwhile, could have launched Microsoft in Germany the 260 million Americans who wear shoes because it’s illegal to work in a garage—no lion, you can keep your headquarters every day get a bargain. The money they windows. and sales force here but move your pro- save can be used to buy other things and The most glaring example of producers- duction overseas and save tens of mil- start businesses, such as software, in which first is the law that sets nationwide oper- lions of pretax dollars; or you can con- Americans have a clear advantage. ating hours for retail businesses. Exactly a

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11644 CONGRESSIONAL RECORD — SENATE November 4, 1997 year ago, those hours were finally extended— The reason Clinton may have to pay a high Clinton aides blame the problem on orga- for just 90 minutes. Now, businesses have to price is that he has signally failed to per- nized labor which has led the fight against close Monday through Friday at 8 p.m. and suade his own party of the rightness of his fast track just as it did against NAFTA. on Saturdays at 4 p.m. On Sundays, only trade policy. In 1993, after a vigorous cam- ‘‘This is the most blatant example of the cor- bakeries can open. paign by Clinton, only 40 percent of House rupting effect of campaign finances on Wash- Why have such a law at all? While some in Democrats supported NAFTA—the free trade ington policy-making I know,’’ one high ad- the Bundestag argued that longer hours hurt agreement with Mexico and Canada. ‘‘On fast ministration official said. family life and church-going (then why not track, he will lose 20 or more people who Boy, oh boy, is it. Is it one of the ban telecasts of soccer games?), the main op- voted for NAFTA,’’ House Democratic Whip most scandalous, corrupting effects of position came from producers themselves David Bonior of Michigan, an ardent oppo- (and their attendant unions). Cartels love campaign finances. Why? Mr. Presi- nent, told me over the weekend. A key House dent, 250 of these multinational cor- the status quo. Allow innovation, and new Democratic Supporter conceded that Clinton firms might drive us out of business. In other is unlikely to get many more than 30 percent porations are responsible for 80 percent words, the consumer be damned. of the 206 Democrats to go along—a figure of the exports. That is the moneyed Economic policy really isn’t as com- low enough that it could prove fatal. crowd that came with the white tent plicated as it seems. Since, as Adam Smith Clinton aides blame the problem on orga- on the lawn for NAFTA. That is the pointed out, the consumer comes first, then nized labor, which has led the fight against moneyed crowd and the Business Advi- the first question should always be: Does ‘‘fast track,’’ just as it did against NAFTA. sory Council that sent around a month this help consumers, not in some imagined ‘‘This is the most blatant example of the cor- future but in the here and now? Free trade ago, ‘‘We are allocating $50,000 for this rupting effect of campaign finances on Wash- debate.’’ Each of your corporate enti- does. Microsoft’s free browser does. A tax ington policy-making I know,’’ one high ad- system that stresses low rates, simplicity ministration official said. ties, send the money in so we can buy and no breaks for special interests does. Even if you accept AFL–CIO lobbyist the TV to bamboozle those silly Sen- The people who run Germany may never Peggy Taylor’s assurance that ‘‘we have not ators in Congress. learn this important axiom, but most Ameri- threatened to cut off contributions to any- It is one of the most corrupting—not cans know it instinctively. Now, if only the one,’’ there is no doubt the dependence of labor. God bless labor. At least they politicians and the press would catch on. most congressional Democrats on unions for are fighting for what Henry Ford said: Mr. HOLLINGS. ‘‘Since as Adam their bedrock financing makes them recep- ‘‘I want to make sure that the man Smith pointed out, the consumer tive to the arguments Taylor and other labor that produces the car can buy the car.’’ comes first.’’ lobbyists offer. And he brought in good, responsible Come on, that is historically inac- But there’s more than money involved. In wages. That is what labor is trying to curate. If we would have done that, we the 1994 midterm election, a year after the get—a responsible wage and working would still be a colony. He doesn’t NAFTA vote, union activists, stung by los- conditions and no child labor and no know what he is talking about. They ing that fight to Clinton and by the presi- environmental degradations. didn’t land here from the Mayflower dent’s failure to get a Democratic Congress even to vote on his promised health care re- Since I’m talking, I want everyone to looking for consumption and a cheap form, deserted their posts. Phone banks went know I’m just not reading things. I T-shirt. They came here to build a na- unmanned; the turnout of union families have been there and I have seen, as tion. You don’t build it without a plummeted; 40 percent of those who bothered Martin Luther King, Jr. said, the other strong manufacturing capacity and you to vote backed GOP candidates, and the side. So at Tijuana, Mr. President, you can find more silly articles running Democrats lost the House for the first time go there and you think you are in in 40 years. around loose. There is one by David Korea. Go across from San Diego into Broder. He was quoted by my distin- In 1996, by contrast, labor, under new lead- ership, targeted Gingrich and the GOP early, Tijuana—beautiful industries, mostly guished colleagues from New York and Korean, and what happens? Then you from North Dakota on both sides of the boosted its share of the electorate and helped the Democrats to a 10-seat gain. Understand- go out to the living conditions, some issue, but I want to read one para- ably, its arguments are heeded. 150,000 to 200,000 people in that dust graph, and I ask unanimous consent Labor is less monolithic than it appears, bowl. The mayor comes up and he says, this article be printed in the RECORD. however. The growing unions—notably those ‘‘Senator, I want you to meet with 12 There being no objection, the article representing public employees and service people if you don’t mind.’’ I said I was ordered to be printed in the industries—care much less about the trade would be glad to. ‘‘I would like you to RECORD, as follows: issue than do the teamsters or the big indus- listen to what they are talking about.’’ [From the Washington Post, Nov. 4, 1997] trial unions. Vice President Al Gore, despite his pro-NAFTA and pro-fast-track stance, It so happens that in that area, the FAST TRACK, HEAVY FREIGHT has at least as many allies among top union- mills have the flag, whether American (By David S. Broder) ists as his prospective opponent for the 2000 or Korean, they have a beautiful lawn, For President Clinton, the big trade vote nomination, Minority Leader Dick Gephardt a nice, clean factory on the outside and scheduled later this week represents ‘‘Double of Missouri, who is leading the fight for the living conditions are squalid—lit- Jeopardy.’’ labor. If Clinton fails to win the same ‘‘fast erally, five garage doors put together What Clinton and the White House have as a hovel to live in, no running water, track’’ negotiating authority that previous been slow to realize is that Gephardt has presidents have carried into international convinced many of his colleagues that de- the electric power is one little electric bargaining, it would threaten a central part manding stronger worker and environmental line where I was visiting and the fellow of his overall economic policy and rattle al- protections as part of future trade agree- had a car battery to turn on his TV be- ready jumpy world stock markets. It would ments is a way of helping their constitu- cause if he turned on the light and TV signal retreat by the United States from its ents—not undercutting a successful Clinton everything blew up. leadership role for a more open international economic policy. Until very recently, the There wasn’t any sewage, there marketplace and—by the sober judgment of president let the opposition dominate the the embassies of at least two key allies— weren’t any roads or streets. When public debate. they had a heavy rain and when the could set off serious trade wars. As a result, Cliton will not get the votes of Chances are, it won’t come to that. The such thoughtful Democrats as Rep. Ron rains came at the turn of the year, it Senate, which is scheduled to vote first, Kind, a moderate freshman from a marginal washed down all that mud, dust and seems likely to approve the fast-track proce- district in Wisconsin, who concedes he is what have you, and their homes were dure in which trade agreements are voted up adopting the ‘‘parochial concern’’ of dairy literally being washed away. Trying to or down by Congress but are not subject to farmers frustrated by their post-NAFTA save them, they missed a day’s work, amendment. In the House, which is slated to dealings with canada. ‘‘Very few of us oppose follow on Friday, Clinton faces an uphill these 12 workers. Later in February, giving the president the authority to nego- struggle, but one he might still win. one of the workers in a plastic coat tiate,’’ he said, ‘‘but he should have elevated The cost of victory may be high, however. hanger factory—a factory that had this to a national debate on what the rules of By every calculation, more than two-thirds trade should look like in the 21st century. moved down from Los Angeles, CA, to of the affirmative votes will have to come That is what Ronald Reagan would have Mexico, a low-wage thing, maquiladora from Republicans. The more Clinton has to done.’’ is the word for it—had lost his eyesight turn to Speaker Newt Gingrich and his al- As a result of that failure, Clinton will pay from the dust flicked up in his eyes by lies, the higher the price they can extract on Gingrich a high price if he is to avoid a truly other issues. Gingrich, still trying to shore the coat hangers. That caused real con- devastating defeat. up his own shaky position after last sum- cern because they had been docked mer’s failed coup, simply cannot afford to be Mr. HOLLINGS. The article reads in having missed 1 day’s work. They were altruistic. part: docked under the work rules. They lost

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11645 4 days’ pay. And now they were losing name because I want to be accurate. fast track, fast track. Forget your re- one of their companion workers and his But the tennis shoes were being made sponsibility constitutionally. Take it eyesight, and around the first of May by three young women who slept on the or leave it. the most popular supervisor was ex- floor, without a window, in a shack How do they get NAFTA passed? The pecting childbirth and she went to the down in Malaysia, and their monthly White House amends the treaty. Mr. front office and said, ‘‘I’m feeling badly salary was less than the cost of one President, in that particular debate, we and I have to go home this afternoon,’’ pair of the shoes they were making. remembered there were some 16 amend- and the plant managers said, ‘‘Oh, no, Now, come on. These are facts we must ments. One Congressman down in you are not, you are working out bring out in this debate. Wait a minute Texas got 2 additional C–17’s and he there,’’ and she stayed that afternoon here, we know how to compete, how to gave in his vote. Another distinguished and miscarried. open up markets. Via Friedrich List, Congressman, my good friend Jake So these 12 that the mayor had me we have been trying for 50 years to get Pickle, got a trade center. Another meet said they were going to get a into Japan and we have had little suc- group down in Florida got a citrus union and they went up to Los Angeles. cess. amendment to take care of their con- You know what they found, Mr. Presi- If you want to sell textile products, cerns, and the Louisiana vote was dent? These are labor rights they have you have to go to the textile industry taken care of with sugar, and for the down in Mexico. They found they al- of Korea and get permission or you Midwest, up by the border, it was a ready had a union. When the plants had don’t get it. In Europe, the VCR’s Durum wheat amendment. I could go moved down there 3 years before they shipped there—there are nontariff down the list of the 16 amendments. had signed a legal document back there trade barriers. They put VCR’s up in What I am saying to this body is that in Los Angeles between lawyers for the Dijon, France. It took a year to get up we, the Congress, can’t amend the trea- so-called union that they never saw, there and clear all the redtape, get ties, but the White House can. It is the never saw. The union master or any- them released from the warehouse. most arrogant, unconstitutional as- thing else of that kind never visited Automobiles stayed on the dock in Eu- sault and usurpation. Said George the plant, and under Mexican law, rope—Toyota—and are still there. If Washington in his farewell address, if since they had a union, these workers you want to buy a 1998 model, you are in the opinion of the people the dis- were fired because you are not allowed going to have to wait until October 1, tribution of powers under the Constitu- to try to organize a union when you 1998, not October 1, 1997, because the ’98 tion be in any particular wrong, ‘‘then have one. That is labor rights in Mex- models that just came out, they have a let it be amendable in the way that the ico. So they lost their jobs. And the year to inspect. Congress designates, for in the usurpa- mayor was pointing them out to me. The competition, Mr. President, out tion may in the one instance be the in- Labor is there working so that the there in this global economy is the strument of good, it is the customary United States can go out and spread its Friedrich List model, not the Adam weapon by which free governments are values. I talked about our values as a Smith model. We just need to get that destroyed.’’ And so we are in the hands Nation, the strength of them, and it through the hard heads of the State of the Philistines, the multinationals. isn’t to get a cheap T-shirt or cheap Department and the White House and As I started out saying, the program production. It is to extend those rights. the leadership in this Congress. Labor of spreading capitalism has worked. We had the highest standard of living is being derided because they are try- That is what defeated the Soviet Union here in the United States, and we are ing to bring the benefits to all so they and brought about the fall of the wall. trying to extend that standard of living can become consumers, so, yes, as a re- We all glory in it. But in the mean- so that others can buy and purchase. If sult all will be able to purchase these time, those who had gone abroad we had the time, Mr. President, I would products. But we are roaring blindly spreading that subsidized initiative go into overcapacity. I remember when into an overcapacity problem the world learned that they could produce cheap- Bill Greider published his book a cou- around and the global economy, and we er overseas, that they could save one- ple of years ago, ‘‘One World, Ready or are headed for deflation. Remember third of their sales of volume cost. So Not.’’ He talked about overcapacity; at that we said it first here in the begin- they began moving overseas their off- the time, commentators ridiculed ning of November in 1997. shore production. And then the banks Greider, but now they find that we in Mr. President, I have the article I financing this movement—Chase Man- the United States have the capacity to was mentioning earlier. It was Reebok. hattan and Citicorp, as of the year produce 500,000 more cars than we can My staff has just given that to me. 1973—I remember that debate—made a sell; in the European sector, they have We have learned the hard way. We majority of their profits outside of the the capacity to produce 4 to 5 million know our responsibility. That is what United States. IBM is no longer an more cars than they can sell, and with really boils me. Here comes this crowd American company. They have a ma- the yen down, you can watch auto- from the White House: ‘‘Give the Presi- jority of workers outside of the United mobiles coming in here like dent the authority, give him the au- States. We could go down the list. But gangbusters. thority.’’ He has had the authority to they had the banks and then the na- Now, what are we saying? They don’t negotiate since 1934 under the Recip- tionals were becoming multinationals. know what they are talking about. We rocal Trade Act. We delegated that ne- Then they had all the consultants and are trying to produce consumers to go gotiating authority on behalf of the the think tanks that they financed to and buy those cars. And what did we Congress. I am reminded of my friend grind out all these papers. They come get out of NAFTA? Instead of $1 an Congressman Mendel Rivers, who used around babbling, ‘‘free trade, free hour workers’ wages have gone down. to be chairman of the Armed Services trade.’’ So you have the multi- Read the American Chamber of Com- Committee. He had a seal in front of nationals, the banks, the consultants, merce report in Mexico earlier this his desk that said ‘‘Congress of the the think tanks, the college cam- year. Instead of $1 an hour they now United States.’’ When Secretary McNa- puses—oh, yes, and the retailers. make 70 cents an hour. They can’t buy mara would come up, Chairman Rivers Every time we debated the textile the car. There are no consumers there; would lean over and say to Robert bill—five times we passed it—I would that is why there is the overcapacity. McNamara, ‘‘Not the President, not go down to Herman’s and find a catch- They act like we have equals; they say the Supreme Court, but the Congress of er’s mitt, one made in Michigan and in a naive fashion that 96 percent of the United States shall raise and sup- one made in Korea, both for $43, the the consumers are outside the United port armies,’’ article I, section 8. Also same price. We went down to States, when all that they are doing is in article I, section 8 it says ‘‘the Con- Bloomingdale’s and got a ladies’ blouse looking at population figures. gress of the United States shall regu- made in Taiwan and one made in New They don’t know what they are talk- late foreign commerce,’’ not the Presi- Jersey, both for $27. ing about. They are not consuming. dent, not the Supreme Court, but the My point was that they get their im- They are not able. I wish I had the Bos- Congress of the United States. That is ports, bring it in for the large profit, ton Globe article about the shoe manu- not only our authority, it is our re- and only give a little bit of the overrun facturer. I don’t want to mention the sponsibility. But they say: Fast track, of the particular sales to Grand Rapids

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11646 CONGRESSIONAL RECORD — SENATE November 4, 1997 in New Jersey. They are not lowering does have some policy implications, which I them. However, when all the numbers are ex- their price as a result of competition. may want to discuss at some future time, amined we believe neither. President Hoover The retailers put out all of this non- one of the most useful things it may do is nor President Roosevelt can be faulted for sense about Smoot-Hawley. Paul help us all clean up our rhetoric and reflect placing international trade’s role in world a more sophisticated—and accurate—view of economy near the end of a long list of sec- Krugman said the best of the best—we economic history. tors of the economy that had caused chaos had some quotes from him. We had Mr. President, I ask that the study, by Don and suffering and therefore needed major that debate. Bedell of Bedell Associates, be printed in the corrective legislation. I will ask, Mr. President, to have RECORD. How important was international trade to printed in the RECORD the quote with The study follows: the U.S.? How important was U.S. trade to respect to Smoot-Hawley because we BEDELL ASSOCIATES, its partners in the Twenties and Thirties? heard that same thing here a little ear- Palm Desert, Calif., April 1983 In 1919, 66% of U.S. imports were duty free, lier today. TARIFFS MISCAST AS VILLAIN IN BEARING or $2.9 Billion of a total of $4.3 Billion. Ex- I ask unanimous consent to have BLAME FOR GREAT DEPRESSION—SMOOT/ ports amounted to $5.2 Billion in that year HAWLEY EXONERATED making a total trade number of $9.6 Billion printed in the RECORD at this point the (By Donald W. Bedell) or about 14% of the world’s total. See Chart record on Smoot-Hawley made by our I below. distinguished colleague, the late Sen- SMOOT/HAWLEY, DEPRESSION AND WORLD ator John Heinz, in 1983, where he made REVOLUTION CHART I.—U.S. GROSS NATIONAL PRODUCT, 1929–33 It has recently become fashionable for a studied report of it. [Dollar amounts in billions] There being no objection, the mate- media reporters, editorial writers here and rial was ordered to be printed in the abroad, economists, Members of Congress, 1929 1930 1931 1932 1933 members of foreign governments, UN organi- RECORD, as follows: zations and a wide variety of scholars to ex- GNP ...... $103.4 $89.5 $76.3 $56.8 $55.4 THE MYTH OF SMOOT-HAWLEY U.S. international trade.. $9.6 $6.8 $4.5 $2.9 $3.2 press the conviction that the United States, U.S. international trade Mr. HEINZ. Mr. President, every time some- by the single act of causing the Tariff Act of percent of GNP...... $.3 7.6 5.9 5.1 $5.6 1 one in the administration or the Congress 1930 to become law (Public Law 361 of the 1 Series U, Department of Commerce of the United States, Bureau of Eco- gives a speech about a more aggressive trade 71st Congress) plunged the world into an eco- nomic Analysis. policy or the need to confront our trading nomic depression, may well have prolonged partners with their subsidies, barriers to im- it, led to Hitler and World War II. Using the numbers in that same Chart I it port and other unfair practices, others, often Smoot/Hawley lifted import tariffs into the can be seen that U.S. imports amounted to in the academic community or in the Con- U.S. for a cross section of products beginning $4.3 Billion or just slightly above 12% of gress immediately react with speeches on mid-year 1930, or more than 8 months following total world trade. When account is taken of the return of Smoot-Hawley and the dark the 1929 financial collapse. Many observers are the fact that only 33%, or $1.5 Billion, of U.S. days of blatant protectionism. ‘‘Smoot- tempted simply repeat ‘‘free trade’’ eco- imports was in the Dutiable category, the Hawley,’’ for those uninitiated in this arcane nomic doctrine by claiming that this rel- entire impact of Smoot/Hawley has to be fo- field, is the Tariff Act of 1930 (Public Law 71– atively insignificant statute contained an in- cused on the $1.5 Billion number which is 361) which among other things imposed sig- herent trigger mechanism which upset a barely 1.5% of U.S. GNP and 4% of world im- nificant increases on a large number of items neatly functioning world trading system ports. in the Tariff Schedules. The act has also based squarely on the theory of comparative What was the impact? In dollars Dutiable been, for a number of years, the basis of our economics, and which propelled the world imports fell by $462 Million, or from $1.5 Bil- countervailling duty law and a number of into a cataclysm of unmeasurable propor- lion to $1.0 Billion, during 1930. It’s difficult other provisions relating to unfair trade tions. to determine how much of that small num- practices, a fact that tends to be ignored We believe that sound policy development ber occurred in the second half of 1930 but when people talk about the evils of Smoot- in international trade must be based solidly the probability is that it was less than 50%. Hawley. on facts as opposed to suspicious, political or In any case, the total impact of Smoot/ A return to Smoot-Hawley, of course, is in- national bias, or ‘‘off-the-cuff’’ impressions Hawley in 1930 was limited to a ‘‘damage’’ tended to mean a return to depression, un- 50 to 60 years later of how certain events number of $231 Million; spread over several employment, poverty, misery, and even war, may have occurred. hundred products and several hundred coun- all of which apparently were directly caused When pertinent economic, statistical and tries. by this awful piece of legislation. Smoot- trade data are carefully examined will they A further analysis of imports into the U.S. Hawley has thus become a code word for pro- show, on the basis of preponderance of fact, discloses that all European countries ac- tectionism, and in turn a code word for de- that passage of the Act did in fact trigger or counted for 30% or $1.3 Billion in 1929 divided pression and major economic disaster. Those prolong the Great Depression of the Thirties, as follows: U.K. at $330 Million or 71⁄2%, who sometimes wonder at the ability of Con- that it had nothing to do with the Great De- France at $171 Million or 3.9%, Germany at gress to change the country’s direction pression, or that it represented a minor re- $255 Million or 5.9%, and some 15 other na- through legislation must marvel at the sea sponse of a desperate nation to a giant tions accounting for $578 Million or 13.1% for change in our economy apparently wrought world-wide economic collapse already under- an average of 1%. by this single bill in 1930. way? These numbers suggest that U.S. imports Historians and economists, who usually It should be recalled that by the time were spread broadly over a great array of view these things objectively, realize that Smoot/Hawley was passed 6 months had products and countries, so that any tariff ac- the truth is a good deal more complicated, elapsed of 1930 and 8 months had gone by tion would by definition have only a quite that the causes of the Depression were far since the economic collapse in October, 1929. modest impact in any given year or could be deeper, and that the link between high tar- Manufacturing plants were already absorb- projected to have any important cumulative iffs and economic disaster is much more ten- ing losses, agriculture surpluses began to ac- effect. uous than is implied by this simplistic link- cumulate, the spectre of homes being fore- This same phenomenon is apparent for age. Now, however, someone has dared to ex- closed appeared, and unemployment showed Asian countries which accounted for 29% of plode this myth publicly through an eco- ominous signs of a precipitous rise. U.S. imports divided as follows: China at nomic analysis of the actual tariff increases The country was stunned, as was the rest 3.8%, Japan at $432 Million and 9.8% and with in the act and their effects in the early years of the world. All nations sought very elusive some 20 other countries sharing in 15% or of the Depression. The study points out that solutions. Even by 1932, and the Roosevelt less than 1% on average. the increases in question affected only 231 election, improvisation and experiment de- Australia’s share was 1.3% and all African million dollars’ worth of products in the sec- scribed government response and the tech- countries sold 2.5% of U.S. imports. ond half of 1930, significantly less than 1 per- nique of the New Deal, in the words of Ar- Western Hemisphere countries provided cent of world trade; that in 1930–32 duty-free thur Schlesinger, Jr. in a New York Times some 37% of U.S. imports with Canada at imports into the United States dropped at article on April 10, 1983. President Roosevelt 11.4%, Cuba at 4.7%, Mexico at 2.7%, Brazil virtually the same percentage rate as duti- himself is quoted in the article as saying in at 4.7% and all others accounting for 13.3% able imports; and that a 13.5 percent drop in the 1932 campaign, ‘‘It is common sense to or about 1% each. GNP in 1930 can hardly be blamed on a single take a method and try it. If it fails, admit it The conclusion appears inescapable on the piece of legislation that was not even en- frankly and try another. But above all, try basis of these numbers; a potential adverse acted until midyear. something.’’ impact of $231 Million spread over the great This, of course, in not to suggest that high The facts are that, rightly or wrongly, array of imported products which were avail- tariffs are good or that Smoot-Hawley was a there were no major Roosevelt Administra- able in 1929 could not realistically have had wise piece of legislation. It was not. But it tion initiatives regarding foreign trade until any measurable impact on America’s trading was also clearly not responsible for all the well into his Administration; thus clearly partners. ills of the 1930’s that are habitually blamed suggesting that initiatives in that sector Meanwhile, the Gross National Product on it by those who fancy themselves defend- were not thought to be any more important (GNP) in the United States had dropped an ers of free trade. While I believe this study than the Hoover Administration thought unprecedented 13.5% in 1930 alone, from

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11647 $103.4 Billion in 1929 to $89 Billion by the end omy-critical’’ context as currently in the cent by the end of 1933 from 1929 levels, $9.6 of 1930. It is unrealistic to expect that a shift U.S. As indicated earlier neither President billion to $3.2 billion annually. in U.S. international imports of just 1.6% of Hoover nor President Roosevelt viewed for- Much is made of the co-incidence that U.S. GNP in 1930, for example ($231 Million or eign trade as crucial to the economy in gen- world-wide trade also sank about 66 percent $14.4 Billion) could be viewed as establishing eral or recovery in particular. for the period. Chart II summarizes the num- a ‘‘precedent’’ for America’s trading partners 4. U.S. foreign trade was relatively an bers. to follow, or represented a ‘‘model’’ to fol- amorphous phenomenon quite unlike the low. highly structured system of the Eighties; CHART II.—UNITED STATES AND WORLD TRADE, 1929–33 Even more to the point an impact of just characterized largely then by ‘‘caveat [In billions of U.S. dollars] 1.6% could not reasonably be expected to emptor’’ and a broadly laissez-faire philos- have any measurable effect on the economic ophy generally unacceptable presently. 1929 1930 1931 1932 1933 health of America’s trading partners. These characteristics, together with the fact that 66 percent of U.S. imports were United States: Note should be taken of the claim by those Exports ...... 5.2 3.8 2.4 1.6 1.7 who repeat the Smoot/Hawley ‘‘villain’’ the- Duty Free in 1929 and beyond, placed overall Imports ...... 4.4 3.0 2.1 1.3 1.5 ory that it set off a ‘‘chain’’ reaction around international trade for Americans in the Worldwide: Twenties and Thirties on a very low level of Exports ...... 33.0 26.5 18.9 12.9 11.7 the world. While there is some evidence that Imports ...... 35.6 29.1 20.8 14.0 a 12.5 certain of America’s trading partners retali- priority especially against the backdrop of ated against the U.S. there can be no reli- world-wide depression. Americans in the a Series U Department of Commerce of the United States, League of Na- tions, and International Monetary Fund. ance placed on the assertion that those same Twenties and Thirties could no more vis- trading partners retaliated against each ualize the world of the Eighties than we in The inference is that since Smoot/Hawley other by way of showing anger and frustra- the Eighties can legitimately hold them re- was the first ‘‘protectionist’’ legislation of tion with the U.S. Self-interest alone would sponsible for failure by viewing their world the Twenties, and the end of 1933 saw an dictate otherwise, common sense would in- in other than the most pragmatic and real- equal drop in trade that Smoot/Hawley must tercede on the side of avoidance of ‘‘shooting istic way given those circumstances. have caused it. Even the data already pre- oneself in the foot,’’ and the facts disclose For those Americans then, and for us now, sented suggest the relative irrelevance of the that world trade declined by 18% by the end the numbers remain the same. On the basis tariff-raising Act on a strictly trade numbers of 1930 while U.S. trade declined by some 10% of sheer order of magnitude of the numbers basis. When we examine the role of a world- more or 28%. U.S. foreign trade continued to illustrated so far, the ‘‘villain’’ theory often wide price decline in the trade figures for al- decline by 10% more through 1931, or 53% attributed to Smoot/Hawley is an incorrect most every product made or commodity versus 43% for worldwide trade, but U.S. reading of history and a misunderstanding of grown the ‘‘villain’’ Smoot/Hawley’s impact share of world trade declined by only 18% the basic and incontrovertible law of cause will not be measurable. from 14% to 11.3% by the end of 1931. and effect. It may be relevant to note here that the Reference was made earlier to the Duty It should also now be recalled that, despite world’s trading ‘‘system’’ paid as little at- Free category of U.S. imports. What is espe- heroic efforts by U.S. policy-makers its GNP tention to America’s revival of foreign trade cially significant about those import num- continued to slump year-by-year and reached beginning in 1934 as it did to American trade bers is the fact that they dropped in dollars a total of just $55.4 billion in 1933 for a total policy in the early Thirties. From 1934 by an almost identical percentage as did Du- decline from 1929 levels of 46 percent. The fi- through 1939 U.S. foreign trade rose in dol- tiable goods through 1931 and beyond: Duty nancial collapse of October, 1920 had indeed lars by 80% compared to world-wide growth Free imports declined by 29% in 1930 versus left its mark. of 15%. Imports grew by 68% and exports 27% for Dutiable goods, and by the end of By 1933 the 1929 collapse had prompted for- climbed by a stunning 93%. U.S. GNP by 1939 1931 the numbers were 52% versus 51% re- mation in the U.S. of the Reconstruction Fi- had developed to $91 billion, to within 88% of spectively. nance Corporation, Federal Home Loan Bank its 1929 level. The only rational explanation for this phe- Board, brought in a Democrat President with Perhaps this suggests that America’s trad- nomenon is that Americans were buying less a program to take control of banking, pro- ing partners were more vulnerable to an eco- and prices were falling. No basis exists for vide credit to property owners and corpora- nomic collapse and thus much less resilient any claim that Smoot/Hawley had a distinc- tions in financial difficulties, relief to farm- than was the U.S. In any case the inter- tively devastating effect on imports beyond ers, regulation and stimulation of business, national trade decline beginning as a result and separate from the economic impact of new labor laws and social security legisla- of the 1929 economic collapse, and the subse- 1 the economic collapse in 1929. tion. quent return by the U.S. beginning in 1934 Based on the numbers examined so far, So concerned were American citizens about appear clearly to have been wholly unrelated Smoot/Hawley is clearly a mis-cast villain. domestic economic affairs, including the to Smoot/Hawley. Further, the numbers suggest the clear pos- Roosevelt Administration and the Congress, As we begin to analyze certain specific sibility that when compared to the enormity that scant attention was paid to the solitary Schedules appearing in the Tariff Act of 1930 of the developing international economic cri- figure of Secretary of State Cordell Hull. He, it should be noted that sharp erosion of sis Smoot/Hawley had only a minimal im- alone among the Cabinet, was convinced that prices world-wide caused dollar volumes in pact and international trade was a victim of international trade had material relevance trade statistics to drop rather more than the Great Depression. to lifting the country back from depression. unit-volume thus emphasizing the decline This possibility will become clear when the His efforts to liberalize trade in general and value. In addition, it must be remembered course of the Gross National Product (GNP) to find markets abroad for U.S. products in that as the Great Depression wore on, people during 1929–1933 is examined and when price particular from among representatives of simply bought less of everything increasing behaviour world-wide is reviewed, and when economically stricken Europe, Asia and further price pressure downward. All this particular Tariff Schedules of Manufacturers Latin America were abruptly ended by the wholly apart from Smoot/Hawley. outlined in the legislation are analyzed. President and the 1933 London Economic When considering specific Schedules, No. 5 Before getting to that point another curi- Conference collapsed without result. which includes Sugar, Molasses, and Manu- ous aspect of the ‘‘villain’’ theory is worthy The Secretary did manage to make modest factures Of, maple sugar cane, sirups, of note. Without careful recollection it is contributions to eventual trade recovery adonite, dulcite, galactose, inulin, lactose tempting to view a period of our history through the Most Favored Nation (MFN) and sugar candy. Between 1929 and 1933 im- some 50–60 years ago in terms of our present concept. But it would be left for the United port volume into the U.S. declined by about world. Such a superficial view not only States at the end of World War II to under- 40% in dollars. In price on a world basis pro- makes no contribution to constructive pol- take an economic and political role of lead- ducers suffered a stunning 60% drop. Volume icy-making. It overlooks several vital con- ership in the world; a role which in the of sugar imports declined by only 42% into siderations which characterized the Twenties Twenties and Thirties Americans in and out the U.S. in tons. All these changes lend no and Thirties: of government felt no need to assume, and credibility to the ‘‘villain’’ theory unless one 1. The international trading system of the did not assume. Evidence that conditions in assumes, erroneously, that the world price of Twenties bears no relation to the inter- the trade world would have been better, or sugar was so delicately balanced that a 28% dependent world of the Eighties commer- even different, had the U.S. attempted some drop in sugar imports by tons into the U.S. cially, industrially and financially in size or leadership role cannot responsibly be assem- in 1930 destroyed the price structure and that complexity. bled. Changing the course of past history has the decline was caused by tariffs and not at 2. No effective international organization always been less fruitful than applying per- least shared by decreased purchases by con- existed, similar to the General Agreement ceptively history’s lessons. sumers in the U.S. and around the world. for Tariffs and Trade (GATT) for example for The most frequently used members thrown Schedule 4 describes Wood and Manufac- resolution of disputes. There were no trade out about Smoot/Hawley’s impact by those tures Of, timber hewn, maple, brier root, ‘‘leaders’’ among the world’s nations in part who believe in the ‘‘villain’’ theory are those cedar from Spain, wood veneer, hubs for because most mercantile nations felt more which clearly establish that U.S. dollar de- wheels, casks, boxes, reed and rattan, tooth- comfortable without dispute settlement bod- cline in foreign trade plummeted by 66 per- picks, porch furniture, blinds and clothes ies. pins among a great variety of product cat- 3. Except for a few critical products foreign 1 Beard, Charles and Mary, New Basic History of egories. Dollar imports into the U.S. slipped trade was not generally viewed in the ‘‘econ- the United States. by 52% from 1929 to 1933. By applying our

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11648 CONGRESSIONAL RECORD — SENATE November 4, 1997 own GNP as a reasonable index of prices both when the Act was only passed in mid-1930? new and imaginative measures designed to at home and overseas, unit volume decreased DId the entire decline take place in the sec- liberalize international trade. only 6% since GNP had dropped by 46% in ond half of 1930? Did world-wide trade begin Such constructive development and growth 1933. The world-wide price decline did not its decline of some $13 Billion only in the is severely impeded by perpetuating what is help profitability of wood product makers, second half of 1930? no more than a symbolic economic myth. but to tie that modest decline in volume to 4. Does the fact that duty free imports into Nothing is less worthwhile than attempt- a law affecting only 61⁄2% of U.S. imports in the U.S. dropped in 1930 and 1931 and in 1932 ing to re-write history, not learning from it. 1929 puts great stress on credibility, in terms at the same percentage rate as dutiable im- Nothing is more worthwhile than making of harm done to any one country or group of ports support the view that Smoot/Hawley careful and perceptive and objective analysis countries. was the cause of the decline in U.S. imports? in the hope that it may lead to an improved Schedule 9, Cotton Manufactures, a decline 5. Is the fact that world wide trade de- and liberalized international trading system. of 54% in dollars is registered for the period, clined less rapidly than did U.S. foreign Mr. HOLLINGS. Mr. President, the against a drop of 46% in price as reflected in trade prove the assertion that American crash occurred October 29, and Smoot- the GNP number. On the assumption that trading partners retaliated against each Hawley passed June 19, 8 months later. U.S. GNP constituted a rough comparison to other as well as against the U.S. because and It didn’t cause any crash. It didn’t have world prices, and the fact that U.S. imports subsequently held the U.S. accountable for any affect on the economy. Neither of these products was infinitesimal, Smoot/ starting an international trade war? Hawley was irrelevant. Further, the price of 6. Was the international trading system of President Hoover nor President Roo- raw cotton in the world plunged 50% from the Twenties so delicately balanced that a sevelt had any particular concern with 1929 to 1933. U.S. growers had to suffer the single hastily drawn tariff increase bill af- it, because it was less than 2 percent, a consequences of that low price but the price fecting just $231 Million of dutiable products little over 1 percent of GNP. Trade now itself was set by world market prices, and in the second half of 1930 began a chain reac- is 18 percent of the GDP. But it was was totally unaffected by any tariff action tion that scuttled the entire system? Per- less than 2 percent at that particular by the U.S. centage-wise $231 Million is but 0.65% of all time, and two-thirds of the trade was Schedule 12 deals with Silk Manufactures, of 1929 world-wide trade and just half that of duty free. The two-thirds duty free was a category which decreased by some 60% in world-wide imports. dollars. While the decrease amounted to 14% The preponderance of history and facts of affected the same as the Smoot-Hawley more than the GNP drop, volume of product economic life in the international area make tariff type trade. While in the year remained nearly the same during the period. an affirmative response by the ‘‘villain’’ pro- 1933, under reciprocal free trade, reci- Assigning responsibility to Smoot/Hawley ponents an intolerable burden. procity, we came back with a plus bal- for this very large decrease in price begin- It must be said that the U.S. does offer a ance of trade. So we have to listen to ning in 1930 stretches credibility beyond the tempting target for Americans who inces- these things about we are going to breaking point. santly cry ‘‘mea culpa’’ over all the world’s start a domino effect with Smoot- Several additional examples of price be- problems, and for many among our trading Hawley again coming in. haviour are relevant. partners to explain their problems in terms I can tell you that right now, I would One is Schedule 2 products which include of perceived American inability to solve brick and tile. Another is Schedule 3 iron those problems. be glad to debate Smoot-Hawley at any and steel products. One outstanding casualty In the world of the Eighties U.S. has in- particular time. of the financial collapse in October, 1929 was deed very serious and perhaps grave respon- Well I just read the book called the Gross Private Investment number. From sibility to assume leadership in inter- ‘‘Agents of Influence.’’ This takes place $16.2 Billion annually in 1939 by 1933 it has national trade and finance, and in politics as 7 or 8 years ago. The gentlemen was a fallen by 91% to just $1.4 Billion. No tariff well. Vice President of TRW and he lost his policy, in all candor, could have so dev- On the record, the United States has met job because he wrote the truth. He said astated an industry as did the economic col- that challenge beginning shortly after World one country, Japan, had over 100 law War II. lapse of 1929. For all intents and purposes firms, consultant firms in Washington construction came to a halt and markets for The U.S. role in structuring the United Na- glass, brick and steel products with it. tions, the General Agreement on Tariffs and representing itself, at the cost of $113 Another example of price degradation Trade (GATT), the International Monetary million. The consummate salary of the world-wide completely unrelated to tariff Fund, the Bretton Woods and Dumbarton 100 Senators and 435 House Members is policy is Petroleum products. By 1933 these Oaks Conference on monetary policy, the only $73 million. The people of Japan, products had decreased in world price by 82% World Bank and various Regional Develop- by way of pay, are better represented but Smott/Hawley had no Petroleum Sched- ment Banks, for example, is a record unpar- in Washington than the people of ule. The world market place set the price. alleled in the history of mankind. America. Another example of price erosion in world But in the Twenties and Thirties there was When are we going to wake up? I no acknowledged leader in International af- market is contained in the history of ex- have been sitting on the Commerce ported cotton goods from the United States. fairs. On the contrary, evidence abounds that Between 1929 and 1933 the volume of exported most nations preferred the centuries-old pat- Committee for 30 years and I see the goods actually increased by 13.5% while the terns of international trade which empha- front office fill up on every kind of dollar value dropped 48%. This result was sized pure competition free from interference trade matter that comes about. Why? wholly unrelated to the tariff policy of any by any effective international supervisory Because the multinationals. Now, by country. body such as GATT. gosh, not just 41 percent, but the ma- While these examples do not include all Even in the Eighties examples abound of jority, let’s say over 50 percent of what Schedules of Smoot/Hawley they clearly sug- trading nations succumbing to nationalistic they are producing has been manufac- tendencies and ignoring signed trade agree- gest that overwhelming economic and finan- tured offshore and brought back in. So cial forces were at work affecting supply and ments. Yet the United States continues as demand and hence on prices of all products the bulwark in trade liberalization proposals if they are going to lead the cheer ‘‘free and commodities and that these forces sim- within the GATT. It does so not because it trade, free trade, Japan, Korea, Peo- ply obscured any measurable impact the Tar- could not defend itself against any kind of ple’s Republic of China, right on, iff Act of 1930 might possibly have had under retaliation in a worst case scenario but be- brother, you lead the way, we will fol- conditions of several years earlier. cause no other nation is strong enough to low you.’’ To assert otherwise puts on those pro- support them successfully without the Do you blame the People’s Republic ponents of the Smoot/Hawley ‘‘villian’’ the- United States. of China for not agreeing to anything? ory a formidable challenge to explain the fol- The basic rules of GATT are primarily for I have to note one agreement. Oh, boy, all those countries who can’t protect them- lowing questions: it turned everybody upside down in 1. What was the nature of the ‘‘trigger’’ selves in the world of the Eighties and be- mechanism in the Act that set off the al- yond without rule of conduct and discipline. this town 2 weeks ago. We had an leged domino phenomenon in 1930 that began The attempt to assign responsibility to the agreement with Japan relative to our or prolonged the Great Depression when im- U.S. in the Thirties for passing the Smoot/ maritime services, and our ships would plementation of the Act did not begin until Hawley tariff act and thus set off a chain re- go into the ports of Tokyo and the mid-year? action of international depression and war other ports in Japan. And they had fi- 2. In what ways was the size and nature of is, on the basis of a prepondance of fact, a se- nally came around agreeing to the U.S. foreign trade in 1929 so significant and rious mis-reading of history, a repeal of the same privileges that we grant them, critical to the world economy’s health that a basic concept of cause and effect and a dis- the stevedores. They actually handle less than 4% swing in U.S. imports could be regard for the principle of proportion of termed a crushing and devastating blow? numbers. the goods and so forth. The Japanese 3. On the basis of what economic theory It may constitute a fascinating theory for ship that comes into Charleston can can the Act be said to have caused a GNP political mischief-making but it is a cruel have its own stevedore, but the Amer- drop of an astounding drop of 13.5% in 1930 hoax on all those responsible for developing ican ships going in to Japan could not,

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11649 up until this time. And we have been I better stop. I don’t know that I Mr. President, I did not come here trying for years—and they have all have any time left. Mr. President, I today to add to the miasma of confu- kinds of controls over us in shipping thank the distinguished body for yield- sion that fast track supporters have that are absolutely burdensome. They ing me this time. I hope I have some created with their murky logic and agreed—Japan and the United States— time left here, because we have plenty overheated rhetoric. My purpose is to in April. At that particular time in more to debate to wake up this country shed a little light, if I may, into the April, when they agreed, we sat down and start competing. murk by exploring the institutional and said, fine, let’s go with it. They There is nothing wrong with the in- and practical problems that fast track passed four deadlines, in June, July, dustrial worker of the United States. presents. I believe that it is my duty August and September. Every time we He is the most competitive, the most toward my colleagues and my constitu- added a drop-dead date, when are you productive in the world. Look at any of ents to lay out in clear, simple and di- going to do it? Oh, we are going to do the figures. What is not producing and rect language the reasons for my oppo- it. So we stopped the ships coming in. not competitive is the Government sition to fast track. You know what happened? My phone here in Washington. It has to stop. I haven’t been invited down to the rang off. The 100 lawyers, the ports au- I yield the floor. I reserve the re- White House. I presume that my good thority lawyers, the lobbyists—Christ- mainder of my time. friend from South Carolina has not had mas wasn’t going to happen, children PRIVILEGE OF THE FLOOR an invitation down there. weren’t going to get any toys, the Mr. ROTH. Mr. President, I ask unan- Mr. HOLLINGS. No. world was going to end, but we had one imous consent that full floor privileges Mr. BYRD. I haven’t been invited distinguished gentlemen with his mari- be granted to Grant Aldonas during the down. I am not looking for an invita- tion. I do not expect any invitation to time commission, Hal Creel, the chair- pendency of S. 1269 and the House cor- change my mind. I have had the master man, who I want to praise this after- responding bill, H.R. 2621, during this of arm twisters ahold of my arm, Lyn- noon. He held his guns. The State De- Congress, and that, too, the privilege of don B. Johnson. He was the master arm partment later came in, and I will cred- the floor be granted to Robert M. Baker with respect to the same bills twister. But I said no to him. it Stuart Eizenstat with sticking up for When my first grandchild was born I the United States. But it was many during the first session. The PRESIDING OFFICER. Without gave to my daughter, the mother of times that they came before we got objection, it is so ordered. that grandchild, a Bible. In that Bible them finally to agree. Mr. BYRD addressed the Chair. I wrote these words: ‘‘Teach him to say So, we stuck to the guns, and who The PRESIDING OFFICER. The Sen- no.’’ That’s all I wrote, ‘‘Teach him to was on our side? The shipping industry ator from West Virginia. say no.’’ of Japan, because organized crime had Mr. BYRD. Mr. President, I have en- Mr. President, it doesn’t make any taken over, in many instances, in these joyed listening to my friend, the distin- difference if you have a vocabulary of ports. And they, the shipping industry guished Senator from South Carolina, 60,000 or 600,000 words. If you can’t say in Japan, had been trying to do some- who knows this subject up and down, no, then all these other words at some thing, too. It wasn’t until we stopped back and forward, around and around. I point or another in your lifetime are veritably the Japanese ship from com- thank him for the contribution he has going to find you sadly lacking—if you ing into the American harbor that they made to the debate. I wish he had an- can’t say no. I am telling this story in finally sat down and got to the table. other hour. my autobiography, of how I said no to The White House was calling: Give in, Mr. President, there has been a great Lyndon B. Johnson on more than one give in. Oh, this is going to be a hard deal of discussion during the past sev- occasion. It was hard to do, because he incident. This is going to be terrible. eral months about fast track. Sadly, put me on the Appropriations Com- Chicken Little, the sky is falling, we little of that discussion has been en- mittee when I first came here. And I are going to start a trade war and ev- lightening or informative. The admin- felt as though I had been put through a erything else of that kind. istration, which submitted the Export wringer after going through a 30- Mr. Creel stuck to his guns. That is Expansion and Reciprocal Trade Agree- minute skirmish with Lyndon Johnson what I am talking about on trade. That ment Act of 1997 in September, has ap- but still saying, ‘‘No. No, Mr. Presi- is the global competition. parently decided that misleading, exag- dent.’’ The other day former Majority Lead- gerated, and vacuous rhetoric is nec- So, I haven’t been invited down to er Dole wrote an op-ed regarding fast essary if it is to win fast track renewal. the White House. But I can still say no track. Don’t give me Bob Dole writing Thus, the U.S. Trade Representative— and would be glad to. the thing is a fact. The distinguished for whom I have great respect—has de- So, if the President wants to hear me gentleman should put under there that scribed the President’s fast track pro- say no, all he has to do is call me on he represents the Chilean salmon in- posal to the Senate in the following this. He doesn’t have to invite me down dustry. Don’t give me our good friend, terms: to the White House. I’ll bet the Senator Jay Berman. Everyone knows he lost What is at stake in your consideration of from South Carolina won’t get any in- out for the recording industry on the this proposal is nothing less than whether vitation either. last two agreements. He said, I’m not the United States will continue to be at the Mr. HOLLINGS. No. going to lose out, I am going to be the forefront of nations seeking the reduction of Mr. BYRD. I don’t blame those who President’s handler, I am going to han- trade barriers and the expansion of more accept the invitation. I assume some of dle the Congress for the White House. open, equitable and reciprocal trading prac- them will say no likewise. We are in the hands of the Phil- tices throughout the world. I don’t expect to convince my col- istines. The country is going down the Let me say that again: leagues, all of them or maybe any of tubes and all they are doing is the rich What is at stake in your consideration them. But I do hope to lay the ground- folks are hollering, give the President [meaning the consideration by the Congress] work for the healthy, open and honest authority. He has the authority, but of this proposal is nothing less than whether the United States will continue to be at the debate about fast track that this give me my constitutional duty of forefront of nations seeking the reduction of Chamber and this country sorely need. doing just exactly what we did. trade barriers and the expansion of more So let me start by making clear that Come on, we have had, as the Senator open, equitable and reciprocal trading prac- Congress has and must continue to from North Dakota said, in 221 years tices throughout the world .... This is not have a central role in regulating trade hundreds of trade agreements. We had the time to shrink from the future, but to with foreign countries. The Constitu- one this morning in committee. It was seize the opportunities it holds. tion—here it is, right out of my shirt an OECD shipbuilding trade agreement Let me assure you, Mr. President, pocket. Here is the anchor of my lib- that we approved between 16 nations at that I am fully in favor of ‘‘seizing the erties, the Constitution. Let’s see what the Commerce Committee just today, future.’’ I, too, seek the reduction of it says. without fast track. We negotiated the trade barriers, and I long for ‘‘more Article I, section 8 assigns to the telecommunications agreement, an open, equitable and reciprocal trading Congress the power ‘‘to regulate Com- international agreement with 123 coun- practices.’’ That is why I am firmly merce with foreign Nations, and among tries, without fast track. and implacably opposed to fast track. the several States, and with the Indian

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11650 CONGRESSIONAL RECORD — SENATE November 4, 1997 Tribes,’’ assigns the power ‘‘to regulate became dictator in 82 B.C. He was dic- and the freedom to offer amendments Commerce with foreign Nations,’’ and tator from 82 to 80 B.C., and then a lit- are essential to all of the areas of law- to ‘‘lay and collect * * * Duties, Im- tle later, the Senate—it wasn’t under making, would Congress decide that posts, and Excises.’’ Pursuant to this pressure to do it—voluntarily ceded the when it comes to foreign trade, we can authority, Congress may, for example, power over the purse to Caesar and do without such fundamental legisla- impose tariffs, authorize reciprocal made him dictator for a year. That was tive procedures? trade agreements, grant or deny most- in 49 B.C. Mr. President, the answers to these favored-nation status, and regulate Then in 48 B.C., it made him dictator questions are straightforward. When international communication. All this again. And in 46 B.C., it made him dic- Congress established fast track in 1974, Congress can and must do according to tator for 10 years, just as we are going it did so at a time when international the Constitution of the United States. to do with fast track now for 5 years. commercial agreements were nar- Nor is this the extent of Congress’ in- We don’t do it a year at a time. The rowly—narrowly—limited to trade. volvement in matters of foreign trade. Roman Senate made Caesar dictator Consider the first two instances in It scarcely needs to be pointed out that for 10 years. That was in 46 B.C. But which fast track was employed. Congress’ central function—Congress’ the very next year, in 425 B.C., it made The first was for the 1979 GATT central function as laid out in the first him dictator for life. Tokyo Round Agreement. The imple- section of the first article of the Con- I don’t know when we will reach that menting bill that resulted dealt almost stitution, the very first sentence—its point, but we have already ceded to exclusively with tariff issues and re- central function is to make the laws of this President great power over the quired few changes in U.S. law. the land. This means that any trade purse. It has never before been done in The second use of fast track was for agreements that are not self-executing, the more than 200 years of American the U.S.-Israel Free Trade Agreement meaning that they require changes in history. It was never given to any of 1985. The implementing language for domestic law, can only take effect if President, the power over the purse. that agreement was all of 4 pages—all and when Congress passes imple- Now we are going to give the President of 4 pages—and it dealt only with tar- menting legislation codifying those fast track. So we are just waiting, just iffs and rules on Government procure- changes. waiting for the jeweler! We are on the ment. If its first two uses were relatively So it should be clear from the Con- point of contacting the goldsmith! innocuous, starting with its third use, stitution that the framers assigned Let’s now make the crown! fast track began to change and to de- Congress broad authority over foreign From 1789 to 1974, Congress faithfully velop an evil twin. I refer to the 1988 trade agreements. Even Alexander fulfilled Hamilton’s dictate, and the U.S.-Canada Free Trade Agreement Hamilton, who so often championed dictate of the Constitution that it reg- which, despite its title, extended well the President’s supremacy in foreign ulate foreign trade. During those years, beyond trade issues to address farming, affairs, acknowledged in the Federalist Congress showed that it was willing banking, food inspection and other do- Papers that Congress’ authority to reg- and able to supervise commerce with mestic matters. One has only to see the ulate foreign commerce was essential other countries. Congress also proved size of the agreement’s implementing that it understood when changing cir- to prevent the President from becom- bill, covering over 100 pages now, to see cumstances required it to delegate or ing as powerful as the King of Great how different this was from the first refine portions of its regulatory power Britain. two agreements approved under the Given the President’s responsibilities over trade. For example, starting with fast-track mechanism. in conducting relations with foreign the 1934 Reciprocal Trade Act, as trade By the time of the NAFTA agree- powers, Hamilton argued that Con- negotiations became increasingly fre- ment in 1993 and the GATT Uruguay gress’ regulation of foreign trade was a quent, Congress authorized the Presi- Round of 1994, the insidious nature of vital check upon Executive power. But dent to modify tariffs and duties dur- fast track was becoming apparent for look what we are doing, look what we ing his negotiations with foreign pow- all to see. are about to do. We are, through fast ers. Such proclamation authority has NAFTA required substantial changes track, just as we did with the line-item been renewed at regular intervals, in U.S. law, addressing everything from veto, handing off the few powers that most recently in the 1994 GATT Recip- local banking rules to telecommuni- we have to check the Executive. Let rocal Trade Act, which I voted against. cations law to regulations regarding me say that again. I mentioned that Congress fulfilled the weight and length of American We are, through fast track, just as we its obligation to regulate foreign trade trucks. And these changes were bun- did with the line-item veto, handing off from 1789 to 1974. Well, what, you may dled aboard a hefty bill numbering over the few powers that we have to check wonder, happened in 1974? 1,000 pages and propelled down the fast the Executive. We are making a king. Mr. President, it was in 1974 that track before many Members of Con- He already has his castle with his con- Congress first approved a fast-track gress knew what was going on. crete moat. I can see it out there. The mechanism to allow for expedited con- I doubt that many of my colleagues Senator from Delaware can see it. Here sideration in Congress of trade agree- realized the extent to which, first, he has this concrete moat out there, ments negotiated by the President. NAFTA and then GATT would alter and with the king’s guard standing Fast track set out limits on how Con- purely domestic law. watch in dark glasses—you know how gress would consider trade agreements Most of us thought of GATT as re- they wear those dark glasses—with by banning amendments, limiting de- lated to trade and foreign relations, ears glued to wrist radios, and little bate and all but eliminating committee but through the magic mechanism of implements on their lapels, he has his involvement. the fast-track wand—presto—trade leg- own private coach, his own chef and So we relegated ourselves to a islation became a vehicle for sweeping royal tasters, his retinue of fancy-ti- thumbs-up or thumbs-down role. changes in domestic law. tled king’s men. You read ‘‘All the Thumbs up, thumbs down. Under fast So what had happened? What had King’s Men’’? track, Congress agreed to tie its hands happened? Mr. President, Socrates, in So what are we waiting for? What are and to gag itself when the President his Apology to the judges said ‘‘Petri- we waiting for? Just call in the jeweler, sends up a trade agreement for our con- faction is of two sorts. There is a petri- contact the goldsmith, let’s make the sideration. faction of the understanding, and there crown; let’s make the crown. Crown Why on Earth, you might ask, would is also a petrifaction of the sense of him king. That is the road on which we Congress agree to such a thing? What shame.’’ I fear that with respect to the are traveling. would convince Members of Congress to Constitution, there is not only a petri- We gave away the line-item veto. The willingly relinquish a portion of Con- faction of our understanding of that Roman Senate did the same. It gave gress’ constitutional power over for- document, but there is also a petrifac- away the power of the purse, and when eign commerce? What were Members tion of reverence for the document, and the Roman Senate gave away the thinking when they agreed to limits on a petrifaction of our sense of duty to- power of the purse, it gave away its the democratic processes by which laws ward that organic law. So petrifaction check against the executive. So Sulla are made? And why, if extensive debate has set in.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11651 Mention the Constitution to Mem- trade policy. Fast track was Congress’ not seem to discourage nations from bers: ‘‘When did you last read it? What response to a time when trade agree- negotiating trade agreements with the did you mean when you swore that you ments were just that—trade agree- United States. Moreover, even since would support and defend the Constitu- ments, agreements on trade and trade 1974, fast track has been used so infre- tion of the United States against all alone. quently that it can scarcely be said to enemies, foreign and domestic? What Now that time has passed—it is have affected prospective trade part- did you have in mind? Did you have in gone—as huge, sprawling agreements ners. mind some foreign invader that was like GATT and NAFTA propose Listening to the administration about to set foot on American soil? changes in trade policy whose rami- might lead one to conclude that every Was that it? Or did you think about fications spill outwards into all aspects trade agreement since 1974 could not emasculating the Constitution by pass- of domestic law and policy. Now what have been concluded—just could not ing line-item veto legislation or by is our duty? What is our duty? Where have been concluded—without fast passing fast track?″ does our duty lie? track. To hear them tell it down on the Has a petrifaction of our sense of It is time that we in Congress wake other end of Pennsylvania Avenue, the duty to the Constitution set in? Has a up and resume a more traditional role western end, where the Sun rises—but petrifaction of our understanding of of treating trade agreements with the not according to this, not according to the Constitution set in? Has a petrifac- care and the attention that they de- this Constitution. The Sun does not tion of our caring about the Constitu- serve and the care and attention that rise in the west. tion taken over? the Constitution requires that we give But listening to the administration Well, fast track served to bind and them. might lead one to conclude that every gag the Senate, preventing much need- Now, Mr. President, I have tried to trade agreement since 1974 simply ed debate and precluding the possi- shine a few rays of truth through the could not have been concluded without bility of correcting amendments. murky rhetoric that surrounds this fast track. Well, nothing could be fur- Think about that. We give up our right contentious issue. I have patiently laid ther from the truth. Of the hundreds to amend. And the result, as many ob- out the history of foreign trade regula- and hundreds of trade agreements that servers today would agree, is hardly a tions in order to emphasize the impor- we have entered into over the past 23 triumph for free trade or American tant role that tradition and the Con- years, only—only—the five that I men- workers. stitution assigned to Congress and to tioned earlier have used fast track. How much time do I have remaining, show how fast track has impeded our ‘‘What? Are you out of your head?’’ Mr. President? recent efforts to fulfill that role. But I Only the five that I mentioned earlier The PRESIDING OFFICER. The Sen- would be remiss in my duties if I did have used fast track? That is right. Fast track has been used on a grand ator from West Virginia has 36 minutes not take the time to address some of total of five occasions. Indeed, the cur- remaining. the supposedly compelling justifica- rent administration alone has entered Mr. BYRD. I thank the Chair. tions that fast track supporters have into some 200 trade agreements with- Mr. President, it was our first and, in advanced. my opinion, greatest President, George out the benefit of fast track. So let me start with the first myth— Mr. President, the divine Circe was Washington, who analogized the Senate the first myth—of fast track, which an enchantress. And Homer tells us to a saucer, we are told, into which we posits that no country will negotiate that Odysseus was urged by Circe to pour legislation so as to cool it. Wash- with the United States unless the ad- stay away from the sirens’ isle. ‘‘Don’t ington foresaw that a country as ministration has fast track in place. go near it,’’ the sirens’ isle, with their young, as aggressive and at times as How laughable, how preposterous. melodious voices that came from lips impatient as ours needed some institu- In the President’s words: as sweet as honey. ‘‘Odysseus alone tional curb to prevent it from rashly Our trading partners will only negotiate must hear them. Don’t let your com- throwing itself into action without suf- with one America—not first with an Amer- panions hear them.’’ So plugging his ficient reflection. ican President and next with an American companions’ ears with wax, Odysseus Congress. Indeed, Mr. President, the Senate has ordered his companions to bind him to more than once lived up to this role by Well, what did the framers say about the mast of the ship with ropes, and providing a forum where cool minds that? What did the framers say about that if he should ask them to untie him and level intellects prevailed. that? They said that Congress shall and let him go, to bind him even tight- Alas, the Senate did not fulfill this regulate, have the power to regulate er. role when NAFTA and GATT came foreign commerce. The Constitution And so they bound him, hand and along. And the fault lies with the adop- placed the duty upon us 100 Senators foot, with ropes to the mast of the tion of the artificial and unwise proce- and upon the other 1,743 Members of ship. And he instructed them to dis- dure now known as fast track—fast this body who have walked across this regard his order. ‘‘Don’t follow my or- track. That is what the administration stage in the more than 200 years. So we ders,’’ he said. ‘‘Tie them tighter than is telling Members of Congress we have 100 need to remember that this docu- ever,’’ until they were a long way past to have. Instead of scrutinizing these ment—this document—places the re- the sirens’ isle. proposals closely, instead of engaging sponsibility on us. That is what we have been hearing— in prolonged and incisive debate, we Do not be blinded by the glittering these voices, the sirens. They come out were forced to play our parts in ill-con- gewgaws in the form of words that of the west, down where the Sun rises sidered haste. Rather than patiently come from the White House. Do not let at the western end of Pennsylvania Av- and thoughtfully evaluating the pros a call from the President of the United enue. That is where the Sun rises, be- and cons—what did we do?—we buck- States, his ‘‘Eminence,’’ as John lieve it or not, in the west. led—buckled—in the face of adminis- Adams wanted to refer to the Presi- I say to my colleagues, plug your tration pressure. dent, do not let a call or a handshake ears with wax if you are invited down And that is what we will do again. or a look in the eye from the chief ex- to the White House. Plug your ears That is what we will do again. We are ecutive, awe one—he puts his britches with wax or, better still, find some- not going to think about the Constitu- on just like I do, one leg at a time. And where else to go. Just do not go. Do not tion. How many of us cared a whit when he nicks himself with a razor, he go down there. Tie yourselves with about what the Constitution said? bleeds just like I do. ropes to the columns of the Capitol. Do Rather than pouring over the trade So the President said: not go down there in the land of the agreements, we peered at them from Our trading partners will only negotiate rising sun, the western end of Pennsyl- afar like tourists gawking at a distant with one American—not first with an Amer- vania Avenue. Do not go. But if you do and rapid train thundering down a very ican President and next with an American go, plug your ears with wax, lest you fast and very slick track indeed. Congress. fall victim to the blandishments of the The GATT and NAFTA experiences What does the Constitution say? sirens. suggest that fast track—like the fast As I suggested earlier, the absence of Mr. President, I sincerely doubt that lane—can be risky business for U.S. fast track in the years before 1974 did any country will hesitate to negotiate

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11652 CONGRESSIONAL RECORD — SENATE November 4, 1997 trade agreements with the dominant cating its responsibility to consider, Mr. President, I have a different view economic and political power of our abdicating its responsibility to debate, of the partnership between the Presi- time out of concern that that country’s abdicating its responsibility to amend, dent, any President, and Congress, a legislative procedures will impede a if necessary, trade proposals. view that is rooted in the Congress and proper agreement. So do not listen to Now, the Constitution gives this Sen- in the institutional traditions of this that argument. Do not listen to the ar- ate the right to amend and we ought country. I see a partnership in which gument of the administration when not give away that right. We ought not the executive fulfills its role at the ne- they say, if they do not have a fast- to agree to anything less than that. gotiating table and Congress makes track agreement other countries sim- This Constitution says that when it sure that the product of such negotia- ply will not negotiate with us. comes to raising money, those meas- tions serves the national interest, not No country—no country—in my judg- ures shall originate in the other body just the interests of a party but the na- ment, will hesitate to negotiate trade but that the Senate may amend as on tional interest. I don’t believe that ei- agreements with this country, the all other bills. So there you are. The ther branch has a monopoly on wisdom dominant economic and political power Constitution recognizes the right of or a monopoly on patriotism or a mo- of the age out of concern that this the Senate to amend. The Senate may nopoly on savvy. That is why I believe country’s legislative procedures will propose or concur with amendments as that each can improve the other’s ac- impede a proper agreement. If any on other bills. There it is. That is the tions. I have no doubt that Congress, country does entertain such concerns, Constitution. after careful scrutiny, will continue to then I suspect that the fault lies with So Congress ought not take a walk. approve agreements that truly improve the administration, whose alarmist Congress ought not abdicate its respon- trade and open markets. statements and doom-laden prophecies sibility to consider, debate, and, if nec- Now, I’m not interested in looking at have doubtless misled many foreign essary, to amend trade proposals. the duties on every little fiddle string The President asked that we trust and domestic observers into thinking or corkscrew that is brought into this him alone to make trade decisions. that fast track is the only key to open country, but they are overweighing Now, I like the President and I respect trade. The administration’s Chicken policy matters that Congress ought to the President, but our political system Little impersonation has succeeded in be interested in and acted about, and it was not built on trust. The Constitu- whipping up false fears and phony wor- may be that Congress should offer an tion did not say ‘‘trust in the President ries that never existed before. One has amendment in one way or another. of the United States with all thy heart, only to ignore this rhetoric and look at Congress must be free to correct pos- with all thy mind, and with all thy sible mistakes or sloppiness or over- the administration’s actual trade soul.’’ Our political system was built record to see that the sky, far from sight in the negotiating process that on checks and balances, on separation would harm this country’s interests falling, is still solidly secured to the of powers, on each branch of Govern- and impede truly free trade. Congress heavens. ment looking carefully and meticu- knows full well that any amendments Mr. President, how much time have I lously over the other branch’s shoul- it may offer could unravel a freshly ne- consumed? der. That is how much trust the system gotiated agreement. It knows that The PRESIDING OFFICER. The Sen- has built into it. ator has consumed 40 minutes and has Our Constitution’s Framers realized amendments should not be freely of- 20 minutes remaining. that the surest way of preventing tyr- fered and adopted promiscuously, hap- Mr. BYRD. I thank the Chair. anny and achieving enlightened rule hazardly, but should rather be seen as The record speaks for itself: Over 200 was to divide power among distinct co- a last resort to remedy serious defi- trade agreements entered into without ordinate branches of Government. As ciencies in an agreement. I see no rea- fast track—and I am talking about the Madison famously observed, men are son, however, why a legislative proce- record which speaks for itself. The ad- not angels. Accordingly, the Framers dure that is considered essential in all ministration’s actual trade record, devised a ‘‘policy of supplying, by oppo- other policy debates should not be used over 200 trade agreements entered into site and rival interests, the defect of in debating trade agreements. without fast track versus 2 trade agree- better motives’’ in which ‘‘the constant We amend bills, we amend resolu- ments entered into with fast track—200 aim is to divide and arrange the several tions on various and sundry subjects, without fast track, 2 with fast track. I offices of Government in such a man- we amend legislation that raises reve- might add that the latter 2 agreements ner as that each may be a check on the nues, we amend bills that make appro- have probably generated more con- other.’’ priations and public moneys. Why, troversy than the other 200 combined. I Mr. President, that was a good reply then, if that legislative procedure is es- suspect that many of my colleagues that Diogenes made to a man who sential in all other debates, why should rue the day that they allowed the ad- asked him for letters of recommenda- it not be used in debating trade agree- ministration to speed GATT and tion. ‘‘That you are a man, he will ments? NAFTA through Congress. know when he sees you. Whether you Mr. President, I recognize the impor- The other great myth of fast track is are a good man or a bad one he will tance of opening markets and removing that the possibility of Congress’ know, if he has any skill in discerning trade barriers. I also appreciate the amending trade agreements will seri- the good and the bad. But if he has no tremendous difficulty, the tremendous ously hamper future negotiations. Lest such skill, he will never know though I difficulty of negotiating trade agree- I be accused of distorting the adminis- write to him 1,000 times.’’ ments that benefit all sectors of our so- tration’s position, let me quote the ‘‘It is as though a piece of silver ciety. President’s words on trade negotia- money desired someone to recommend Mr. President, I cannot support fast tions verbatim. it to be tested. If the man be a good track. I cannot support surrendering . . . I cannot fully succeed without the judge of silver, he will know. The the rights and prerogatives and duties Congress at my side. We must work in part- coin,’’ said Diogenes, ‘‘will tell its own and responsibilities of this body under nership, together with the American people, tale.’’ And so will the Constitution, Mr. the Constitution to any President. I in securing our country’s future. The United President. It needs no letters of rec- cannot support fast track. To do so States must be united when we sit down at ommendation. would prevent me from subjecting fu- the negotiating table. The President asks for a ‘‘partner- ture trade agreements to the close Mr. President, I fully agree with the ship’’ with Congress. He asks the coun- scrutiny that they deserve on behalf of notion of a partnership between the ex- try to be united at the negotiating the people of this Nation. I can and will ecutive and legislative branches, and I table. But I’m afraid that what he real- strive to exercise my limited powers in assure you that I will work with this ly wants is an unequal partnership in pursuit of freer, more open trade which President and with future Presidents which the administration sits at the serves the interests of everyone in this to ensure our mutual trade objectives. negotiating table and Congress sits Nation. But I cannot, in good con- But I will not accept the argument quietly and subserviently at his feet science, allow fast track to strip me that America’s trade interests are best while he negotiates. Congress sits sub- and my constituents of our constitu- served by Congress taking a walk, abdi- serviently. tional prerogatives and strip this

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11653 branch of its rightful role in regulating that is before us today. Like all of my some of the provisions of the 1988 fast- foreign commerce. I can’t do that for colleagues, I understand the impor- track legislation which specifically any President. tance of international trade. Today, recognized workers’ rights and mone- Mr. President, on December 5, 63 B.C. the value of trade equals 30 percent of tary coordination as fundamental ne- the Roman Senate sat to debate and to our gross domestic product, which is up gotiating goals. In addition, the 1988 decide the fate of five accomplices of from about 13 percent in 1970. Indeed, fast-track bill gave the President Catiline. Silaneus proposed the death trade is of great importance to my greater authority to negotiate on envi- penalty. Julius Caesar, when he was State of Rhode Island, which exported ronmental issues in the context of called upon, proposed that the death goods totaling $1 billion in 1996. these trade agreements. The Roth bill penalty not be applied, but that the There is nobody on this floor today limits this authority. five accomplices of Catiline be scat- that is arguing that trade is not impor- Fast track is a great slogan. Free tered in various towns, that their prop- tant and that the United States trade is a great slogan. But here today erties be confiscated, and that their shouldn’t be actively involved in inter- we are not about sloganizing, we are trials await another day. national trade. The question today is about legislating. And, as such, we Cato the Younger was then called not whether the United States should must look to this bill, to all of its de- upon and asked for his opinion. He said engage in trade. The question today is tails and specifically to the goal which to his fellow Senators, ‘‘Do not believe whether we will establish a framework it lays out for the President of the that it was by force of arms alone that that will open markets without under- United States. In failing to adequately your ancestors lifted the state from its mining our standard of living. This de- address issues such as labor and mone- small beginnings and made it a great bate is more than about simply in- tary conditions, the Roth bill neglects Republic. It was something quite dif- creasing our access to cheap goods; it the serious assumptions that underlie the whole theory of free trade. ferent that made them great, some- is about our continuing efforts to pro- The theory of free trade evolved over mote employment at decent wages here thing that we are entirely lacking. many, many years, based upon the eco- They were hard workers at home. They at home, continuing our efforts to pro- nomic notions of comparative advan- were just rulers abroad. And they tect the environment around the world, tage and specialization, notions that brought to the Senate untrammeled and strengthening our efforts to pro- were advanced hundreds of years ago minds, not enslaved by passions.’’ mote stable trade and fair trade by David Ricardo, the English econo- And I say to my colleagues, on this throughout the world. mist. At the core of these notions of question, we should come to the Senate The critical aspects of this fast-track comparative advantage and specializa- with untrammeled minds, not enslaved legislation are the goals which we set tion is that certain nations can by passions—partisan, political, or oth- as Members of the Senate. These goals produce or prepare goods and services erwise, keeping uppermost in our are known as principal negotiating ob- better than others, and that if we trade minds our duties and responsibilities jectives. This is the mission we give to we can maximize values throughout under the Constitution of the United the President—to go out and negotiate, the world. These assumptions, though, States. That is the mast to which we based on these goals, to reach settle- rest on other critical assumptions. As should tie ourselves—the Constitution. ments that will advance these multiple Professor Samuelson, the famous econ- I close with these final words by objectives: freer trade, fairer trade, a omist, pointed out in his 10th edition Cato: ‘‘We have lost those virtues,’’ he rising standard of living here in Amer- work on economic theory: said—speaking of the virtues of their ica and, we hope, around the world. The important law of comparative advan- ancestors—‘‘we pile up riches for our- The rationale for fast track was tage must be qualified to take into account selves while the state is bankrupt. We aptly summarized back in 1974 when certain interferences with it. Thus, if ex- sing the praises of prosperity and idle the Senate Finance Committee wrote change rate parities and money wage rates away our lives, good men or bad; it is its report with respect to the first fast- are rigid in both countries, or fiscal or mone- all one. All the prizes that merit ought track legislation. This report language tary policies are poorly run in both coun- tries, then the blessings of cheap imports to win are carried off by ambitious in- bears repeating: that international specialization might give triguers, and no wonder each one of The committee recognizes that such agree- would be turned into the curse of unemploy- you schemes only for himself, when in ments negotiated by the executive should be ment. your private lives you are slaves to given an up-or-down vote by the Congress. We will hear a lot about free trade, pleasure. And here in the Senate the Our negotiators cannot be expected to ac- complish the negotiating goals if there are but this bill does not give the Presi- tools of money or influence.’’ no reasonable assurances that the negotiated dent the direction to establish the un- Those are Cato’s words, and his words agreement would not be voted up or down on derlying environment which is nec- are just as fitting today and on this their merits. Our trading partners have ex- essary for free trade—respect for and question. Cato said, ‘‘The result is that pressed an unwillingness to negotiate with- recognition of the rights of workers to when an assault is made upon the re- out some assurances that Congress will con- freely associate, to seek higher wages, public, there is no one here to defend sider the agreement within a definite time- respect for and acknowledgment of the it.’’ frame. critical role of currencies in the world Mr. President, how true are Cato’s The key operative phrase in this pas- of trade. Because of these reasons and words today! I urge my colleagues to sage is the phrase which we have high- many others, this bill, I think, falls far vote no on the motion to proceed. lighted behind me. The negotiated short of what we should in fact pass as I yield the floor. goals. That essentially is what we are a means to achieve the goal we all fer- Mr. REED addressed the Chair. about today. Charting negotiating vently seek, which is free, open trade The PRESIDING OFFICER. The Sen- goals that will give the President of and fair trade throughout the world. ator from Rhode Island is recognized. the United States the direction and the Now, the debate on trade in the Mr. REED. Mr. President, I rise incentive to conduct appropriate nego- United States is not new. From the be- today to use my time to discuss the tiations, to yield a treaty which will ginning of our country we have fiercely fast-track bill. First, let me commend benefit ourselves, and also to signal to debated the role of trade in our econ- the excellent statement by the Senator our trading partners what is critical omy. Beginning with Alexander Hamil- from West Virginia. His staunch de- and crucial to this Congress and the ton’s ‘‘Report On Manufacturers,’’ fense of the Senate and the Congress is American people in terms of trade there has been a constant ebb and flow based not only on his unsurpassed agreements. This rationale for fast between those that would advise pro- knowledge of the Constitution, but also track makes sense, and only makes tective tariffs and those that would his common sense and appreciation sense, if we get it right here, if we get suggest free, open trade is the only that the wisdom of the American peo- the negotiating goals correct. route. This battle back and forth be- ple expressly represent the best way to Unfortunately, the bill before us does tween opposing views took on, in many make a treaty. not provide the President with the full respects, the characterization of pro- I rise to discuss a number of issues range of goals necessary to increase tectionism versus free traders. It with respect to our trade policy, most U.S. trade and enhance our standard of reached its culmination, perhaps, be- particularly, the fast-track legislation living. Indeed, this bill is contrary to fore World War II when, in 1930, this

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11654 CONGRESSIONAL RECORD — SENATE November 4, 1997 Congress passed the Smoot-Hawley commercial practices—commercial ministration’s principal negotiating Tariff Act which has become infamous laws or agricultural policies. So we objectives in trade agreements was: because of its effect upon, at that time, have in some respects the will to try to To promote respect for worker rights; to the beginning of the world depression. develop a world system based upon our secure a review of the relationship between And then, in 1934 the protective tariffs model, but when it comes to critical worker rights to GATT articles, objectives, embedded in Smoot-Hawley were re- issues like workers’ protections and en- and related instruments with a view to en- suring that the benefits of the trading sys- versed. In 1934, the Tariff Act gave the vironmental quality, this legislation tem are available to all workers; to adopt as President the right to reciprocally ne- does not express that necessary role. a principle of the GATT, that the denial of gotiate trade and tariff adjustment. So, The administration has expressed worker rights should not be a means for a this phase, running from the beginning their deep desire for this legislation. country or its industries to gain competitive of the country to the advent of World Indeed, I hope we could pass a fast- advantage in international trade. War II, saw a fierce battle between pro- track legislative bill this session to This legislation before us eliminates tectionists and open-marketeers. open up markets to American firms, to this workers’ rights provision as a The second phase of our debate on compete in a global economy. With principal negotiating objective in trade trade began in the aftermath of World under 5 percent of the world’s popu- agreements. I dare say if we read that War II where a dominant American lation living in the United States, we to any Member of this Senate, they economy sought to establish rules for certainly have to find ways to sell to would say of course that has to be a freer trade. But from World War II the remaining 95 percent of the world’s goal of our trade negotiators. Yet in through 1974, particularly with respect population. It is no secret that econo- this legislation it is not such a goal. to the Kennedy and Tokyo Rounds of mies in many parts of the world are As a result, it will limit the Presi- GATT, our view was more or less using growing faster than we are and offer dent’s ability to try to negotiate im- trade as a foreign policy device, using tremendous opportunities for our in- provements of labor standards and, as trade as a way to establish bulwarks vestment and our exports. It is indeed such, it will cast aside the interests of against the threats of communism, the predicted that economies in Asia and millions of American workers as well threats of instability. And in so many economies in Latin America will con- as the interests of workers worldwide. respects it was this unintended but ac- tinue to grow at significant rates and It is no secret that income inequality cumulation of concessions to trading we have to be part of this. has risen substantially in the United partners around the world that has left But we have to be part of this growth States in recent years. For nearly 2 us where we are today, which in many in trade in a way that will ensure that decades the real wages and compensa- respects our market is virtually open American firms and American workers tion of American blue-collar workers in terms of tariffs and in terms of non- are in the best position to compete and have been declining. Hourly compensa- tion for nonsupervisory production tariff barriers, but there are many win in this global economy, this battle workers fell by approximately 9.5 per- other countries who still maintain bar- for success in the global economy. But riers to our trade. cent between 1979 and 1995. I don’t think, as I mentioned before, There are many reasons for this. Beginning in 1974, we recognized that that this bill will set the goals nec- an important part of access to markets Some would cite declining rates of essary to win that competition. unionization, some the erosion of the was not just the tariff level but those Now, as Senator BYRD indicated so real value of the minimum wage. But nontariff barriers. As a result, we eloquently, this legislation also rep- others would cite the increasing started the fast-track process. In this resents a significant expansion in the globalization of trade. Although it is context that I described, fast track authority of the President to conduct difficult to determine exactly the com- makes sense if we get the goals right. the foreign policy of the United States position, the factors that are influ- Today’s legislation, I suggest, does not and the commercial policy of the encing this phenomena, there is an get the goals right. Indeed, since 1974 United States. In fact, since the adop- emerging consensus by economists that international trade has taken on a tion in 1974, the President’s ability to approximately 30 percent of the rel- much more central position in our negotiate and enter into trade agree- ative decline in the wages of non- economy in terms of its size and, now, ments to reduce or eliminate tariff and college-educated workers, and even a in a variation on some of the foreign nontariff barriers has increased signifi- larger share in the decline with respect policy themes we heard during the cantly. But because it is such a signifi- to production-wage workers, is a result 1950’s and 1960’s, as a way of some to cant delegation of authority, we have of international trade and its effects. create the democracies, the markets to, as I indicated before, make sure And I should say even though the which we think are essential to that we get the general goals correct, President has suggested Executive ini- progress around the world. In any re- because we won’t have the opportunity, tiatives in the last 2 days to try to cor- spect, we are here today not to stop the as we do in other ways, to second-guess rect some of these incongruities, it is progress of free trade but, in fact, to or correct the President’s decision as not likely to do so. In fact, if we want ensure that free trade results in bene- we go forward. to ensure that our wages remain com- fits for all of our citizens and, indeed, So, again, as the Senator from West parable with our increases in produc- benefits for those citizens of the world Virginia indicated, this is the oppor- tivity, we have to ensure that when our economy which we hope to trade with. tunity for us, and maybe the only op- negotiators go to the table and nego- Some have labeled anyone who op- portunity, to set the appropriate agen- tiate arrangements, they are conscious poses this fast-track mechanism as a da for discussions going forward on of the rights of American workers and protectionist. I think quite the con- international trade. I think, as I said, conscious of the rights of those work- trary, those of us—let me speak for the current bill before us does not es- ers in the countries with which we are myself. I certainly think that we rep- tablish the appropriate negotiating attempt to go negotiate these trade resent interventionists, because we feel goals so that we do ensure the Presi- agreements. Indeed, in light of these that to get trade right, you can’t sim- dent not only has the authority but the trends it is imperative that this provi- ply leave the country we trade with as appropriate direction to serve the in- sion be part of our fast-track legisla- we found it. We have to insist that terests of the American people in es- tion. It is not such a part of the legisla- they begin to adapt to and accept tablishing a regime of free and open tion. international standards with respect to trade throughout the world. We have the recent experience of workers’ rights, environmental qual- Now, as I indicated before, the Roth NAFTA to further inform the debate ity, currency coordination, a host of bill that is before us today is deficient on these issues. It has been estimated issues. In fact, when we look at the in many specifics. First, let me take that since enactment of NAFTA in agreement, we see instances within one specific and that is the notion of 1993, trade with Canada and Mexico has this legislation, it is quite clearly ac- providing a very active negotiating cost the United States approximately knowledged, where we are pushing or goal to seek ways to improve and en- 420,000 jobs, including 2,200 in my home trying to push countries to adapt to force labor relations in other countries State of Rhode Island. As a minimal es- our way of doing business. But they around the world. In 1988, fast-track timate of job loss, the Labor Depart- seem to be exclusively with respect to legislation stated that one of the ad- ment has certified approximately

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11655 143,000 workers as being eligible for as- 1993 to 50 percent in 1996, after NAFTA. that we passed, and rightfully so, that sistance because of trade dislocation. And two out of three Mexicans report demand high-quality environmental The list of companies that have made that their personal economic situation controls in the workplace. NAFTA-related layoffs is a veritable is worse now than before NAFTA. In October 1995 Mexico announced ‘‘Who’s Who’’ of American industry. It Following NAFTA, we have the ben- that it would no longer require envi- includes General Electric, Allied Sig- efit of these experiences which we did ronmental impact assessments for in- nal, Sara Lee, Black and Decker, TRW, not have when we were considering the vestments in highly polluting sectors Georgia Pacific, Johnson & Johnson— legislation back in 1988. Again, it such as petrochemicals, refining, fer- and the layoffs continue. seems inconceivable that seeing what tilizers and steel. Indeed, I don’t think one can point has taken place in NAFTA, seeing how (Mr. BROWNBACK assumed the the finger merely at these companies important—not only to our workers chair.) because they are certainly just taking but to the workers of the country we Mr. REED. Mr. President, Mexican advantage of something which we cre- hope to trade with—how important it officials said they were eliminating ated, the opportunity legally—in fact is to negotiate and to reach principled these environmental impact assess- some would argue the incentive le- agreements on worker protections and ments to increase investment, which gally—to move production out of the worker rights, that we are neglecting may well be an apparent violation of United States to other areas, in this to do that in this legislation. And, as NAFTA because it prohibits, appar- case Mexico. such, we have left a huge hole in our ently, the weakening of environmental But the effect is not simply in the responsibility to give the President the laws to attract investment. jobs lost. The effect perhaps is more de- responsibility and the direction to do So our experience with NAFTA cisive in the suppression of wages. what is best for the working men and should tell us that we must redouble There are reports that companies will women of this country, do what is best our efforts to have the principal nego- either explicitly or implicitly threaten for the overall welfare of this country. tiating objective of environmental con- to relocate to places like Mexico if Now, with respect to the environ- cerns. Yet, again we have constrained wage concessions are not made. In fact, ment, that is another area where this and circumscribed the ability of the during the debate last year on NAFTA, legislation is deficient. It restricts the President by simply saying they have a Wall Street Journal poll of execu- ability of the President to negotiate to be directly related to trade, and tives found a majority of executives environmental issues and trade agree- many environmental problems are not from large companies intended to use ments by requiring that they be ‘‘di- directly related to trade. NAFTA, as they indicated, as ‘‘a bar- rectly related’’ to trade. And this dif- For example, near the United States- gaining chip to keep down wages in the fers from the 1988 fast-track bill which Mexican border, there is an area known United States.’’ provided greater latitude for the Presi- as Ciudad Industrial, where a number And this is borne out by numerous dent to negotiate on environmental of sophisticated, highly automated anecdotes. For example, workers at a issues. I would assume that ‘‘directly manufacturing plants have been estab- plant in my home State in Warwick, related to trade’’ means that if we have lished since NAFTA. These manufac- RI, agreed to freeze wages and work 12- a problem getting a good into a coun- turing plants discharge hazardous hour shifts without overtime pay be- try because they object to an environ- waste through a nearby sewer outfall cause the company threatened to move mental rule, that we might say, for ex- which adjoins a river that is used for production to Mexico. Similarly, 4,000 ample, labeling of a can, of a product, washing and bathing. The Mexican workers in a plant in Webster, NY, ac- that that might be actionable. But it is Government has enacted a number of cepted 33-percent cuts in base pay to not actionable if the country has abso- institutional barriers to environmental avoid a threatened plant relocation. A lutely no environmental enforcement; progress to prevent pollution abate- company in Georgia threatened to that it allows pollution to run ramp- ment. For example, Mexican law pro- move 300 jobs at a lighting plant to ant, that it actually encourages the re- hibits the local government from tax- Mexico unless workers took a 20-per- location of factories and production fa- ing these state-of-the-art factories to cent cut in pay and 36-percent cut in cilities because of lax environmental pay for sewers, to pay for cleaning up. benefits. Mr. President, 220 workers at rulings, because one I assume would In these ways, unrelated directly to a plant in Baltimore agreed to take a argue that’s not directly related to trade, there are advantages to relo- $1-an-hour pay cut to keep the plant trade, it’s not directly related to a cating production in countries. These open. And the list goes on and on and good we are trying to get into the are the type of actions which we should on. economy. But in fact, and again the be concerned about, that we should, in The negative implications of NAFTA NAFTA experience is instructive, this fact, direct the President to be con- has been felt by U.S. workers and it is precisely one of the ways in which cerned about, that we should, in fact, should give us renewed energy and countries undermine our environ- insist the President bring to the table commitment to ensure that in the next mental laws at home on the standard as a significant negotiating goal. round of fast-track legislation we at of living of our workers here in the There is a final point I would like to least replicate the 1988 goal of actively United States. Indeed, after NAFTA we make with respect to the specific defi- trying to ensure that worker protec- should be much more interested in in- ciency of these goals, and that is the tion, workers’ rights are a central part cluding strong environmental protec- issue of monetary coordination. The of our negotiating strategy. Once tions. For the examples that the 1988 fast-track bill included monetary again, this legislation does not do that. NAFTA experience has given us. coordination as a principal negotiating It is important also to note that in Subsequent to the passage of NAFTA objective. Specifically the bill stated: the context of NAFTA, the benefits for the Canadian province of Alberta, The principal negotiating objective of the Mexican workers have not been what which was only one of two Canadian United States regarding trade in monetary they were advertised as. Since the pas- provinces to sign the NAFTA environ- coordination is to develop mechanisms to en- sage of NAFTA, real manufacturing mental side agreement, adopted legis- sure greater coordination, consistency and wages of Mexican workers have de- lation in May 1996 prohibiting citizens cooperation between international trade and clined 25 percent. Part of this decline is from suing environmental officials to monetary systems and institutions. attributable, of course, to the peso cri- enforce environmental laws. And, in The bill before us today eliminates sis. However it is important to recog- fact, since that time, to attract cor- monetary coordination as a principal nize that real wages were stagnating porate investment, Alberta has adver- negotiating objective, thereby limiting prior to the peso crisis, while worker tised its lax regulatory climate as part the President’s ability to address productivity in Mexico continued to of ‘‘the Alberta advantage.’’ issues of currency valuation, fluc- grow. So, despite increased produc- Now, it might be an advantage to Al- tuating currency, all of the issues that tivity, wages in Mexico continue to berta. Certainly I don’t think it is to have become tangible and palpable in stagnate or decline. In fact, the per- many residents of Alberta. And it is the last few days, as we witnessed the centage of Mexicans considered ex- not an advantage to U.S. companies or gyrations of currency and the stock tremely poor rose from 31 percent in U.S. workers who are faced with laws market throughout the Orient.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11656 CONGRESSIONAL RECORD — SENATE November 4, 1997 Currency valuation is a key compo- created monetary incentives to move The central economic problem of our nent of trade policy because it affects and invest in Mexico and not just for present industrial revolution, not so dif- the price of imports and exports. For the United States but for other coun- ferent in nature from our previous one, is an tries around the world who are using excess of supply, the growing permanent sur- example, as the U.S. dollar gets strong- pluses of goods, labor and productive capac- er relative to other currencies, U.S. ex- Mexico as a platform for low-cost pro- ity. The supply problem is the core of what ports to a foreign country will likely duction which, in turn, is imported drives destruction and instability. Accumu- become more expensive in that country into the United States without duties. lation of factories, redundant factories as and the country’s imports will become Over the horizon, there is another new ones are simultaneously built in emerg- cheap in the United States. Inversely, major trading partner whose currency ing markets, mass unemployment and de- as the U.S. dollar gets weaker relative manipulations, if you will, can cause us clining wages, irregular mercantilist strug- to other currencies, U.S. exports to a significant problems, and that is China. gles for market entry and shares in the in- dustrial base, market gluts that depress foreign country will become cheaper in As part of its strategy to encourage ex- ports and discourage imports, China prices and profits, fierce contests that lead that country, and that country’s im- to cooperative cartels among competitors ports will become more expensive in has engaged in an effort to reduce the and other consequences. value of its currency relative to the the United States. As a result, and That is an outline of a world which dollar. These currency valuations wipe quite clearly, currency valuation af- faces increasing prices. The oil compa- out many of the concessions that we fects trade flow between countries and, nies are a good example potentially of think we have sometimes with the Chi- consequently, the trade deficit. that world. By the year 2000, the global nese with respect to their trade and We have to be terribly conscious of auto industry will be able to produce our trade. these currency valuations. It is evident nearly 80 million vehicles. However, in recent statistics on the valuation of It puts, of course, downward pressure on the wages of U.S. workers as we there will only be a market for ap- the dollar in trade that there is a high proximately 60 million buyers. These correlation between the two. Since cannot produce here the items that can be produced overseas more cheaply, not imbalances, created by excessive sup- mid-1995, the dollar has risen against a because of differences in productivity, ply, will put downward pressure on number of foreign currencies, and dur- but, in many cases, in part at least in prices, and reduced profits and begin a ing this period, the United States trade the very calculated manipulation of deflationary trend. deficit rose also. It is estimated the Another commentator, William currencies by foreign countries. trade deficit will increase to $206 bil- Again, the absence of such a major Gross, is managing director of Pacific lion by the end of 1997. Also, currency negotiating provision within the bill, I Mutual Investment Co., which manages valuation affects direct investment think, is a fatal flaw. more than $90 billion worldwide, now into our country by foreign investors, Overall, the bill before us continues a pegs the risk of a general deflation at and that is something that we also policy of protecting capital without, I 1 in 5 in the next several years. He have to be sensitive to. think, sufficient protection for work- states: Again, the NAFTA experience gives ers, protecting the ability of capital to My deflationary fears are supported by two us further evidence—if we didn’t know relocate throughout the world, without arguments: exceptional productivity growth and global glut. about it before—it gives us further evi- recognizing that there must be com- dence. As you know, NAFTA was en- mensurate protections for workers, He cites twin causes. Real wages both acted and shortly thereafter, the peso workers both here in the United States in the United States and abroad cannot collapsed. What we thought were sig- and workers worldwide. keep up with the rapid growth of new nificant reductions in Mexican tariffs Because of the incentives now to de- production. That is, there will not be were wiped out by a 40-percent reduc- ploy capital almost everywhere, we are enough demand to buy all excess goods tion in the value of the peso. beginning to recognize the phenomena and emerging economies create aggres- This reduction was part of inevitably of excess capacity in production facili- sive new players eager to outproduce the continuing strategy of Mexico, and ties around the world, and many econo- and underprice everyone else. the strategy of many countries, to mists fear that this will lead to a mas- Overcapacity may be at the heart of have export-led growth to reduce the sive deflation, and this massive defla- the crisis that we have seen in Asia, cost of their goods to United States tion could be the major economic chal- the crisis which is manifested through consumers, and one way they did this lenge that we face in the year’s ahead. currency turbulence and also through was through the devaluation of the The lack of work protections, the the stock market gyrations. We have peso. fact that countries can manipulate cur- seen in Thailand, for example, where, If we continue to be indifferent to the rencies, the lack of sensitivity to envi- fueled by massive capital infusions, the notion of currency and its role in our ronmental policies has been an incen- economy in Thailand took off at a international trade, we are going to tive, a very powerful incentive, to staggering rate. Between 1985 and 1994, continue to see these problems and move production from the United the Thais had the world’s highest others like them. States into these developing countries. growth rate, an average of 8.2 percent. It turned out that before the negotia- For example, Malaysia’s booming elec- It was prompted by developers who tion of NAFTA, Mexico was running a tronics industry is based on the ex- were building office towers and indus- trade deficit of $29 billion with the plicit promise to American semicon- trial parks that were built regardless United States, a very large trade def- ductor companies that workers will ef- of demand. They continued to build icit, 8 percent of its gross domestic fectively prohibited from unionizing. even as the completed buildings were product. By 1994, after the onset of In fact, when Malaysia considered lift- half empty. NAFTA and towards 1996, their deficit ing this ban on unionizing, American Petrochemical, steel, and cement had turned into a surplus, again, in companies threatened to move to plants were operating at half capacity many respects because of the currency China or Vietnam, more receptive because of oversupply. To address the changes that took place because of the countries. This competition for cheap oversupply issue, currency speculators peso prices. labor continues to put downward pres- thought it inevitable that the Thai So we do have to be very, very con- sure on wages in developed countries as currency, which was pegged to the dol- scious of these currency effects. Once companies use the threat of relocation lar, would be devalued to boost Thai- again, this is not a part of the major to leverage or reduce the pay of their land’s exports. Based on those assump- negotiating goals for this legislation. workers. tions, currency speculators began sell- Reduced currency values in Mexico These trends, related to labor and ing Thai currency and it decreased. has prompted increased investment technology, are creating a situation, as The Government was forced to step in. there. In the past year, investment in I indicated, of overcapacity in many They could not sustain their support maquiladora plants in the Mexican respects which may outstrip the ability and the bottom, if you will, dropped State of Baja California, have in- of the workers to afford the very goods out of the local Thai currency, the creased by more than 35 percent. In ef- they are producing. The economic jour- baht. We feel similar pressures with fect, because of their policies, because nalist, William Grieder, characterized the Philippines, Malaysia, and Indo- of our adoption of NAFTA, we have the situation as follows: nesia.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11657 All of this is prompted, in part, by company indicated that production deficit directly. They certainly do not the fact that capital can move every- will be more expensive in China and address the issues of work protections, where, capital is moving everywhere, the quality will be worse, but in order environmental policy, currency issues. and we are not, I think, recognizing it to do business in China, they had to In fact, also they are sending wrong in terms of our overall trade policy and conform to these demands. signals to our allies, our potential certainly not recognizing in terms of According to many United States trading partners. this legislation. business executives, China’s demands By not adopting these as central, im- We have to be conscious, very con- for technology are simply a cost of portant key negotiating goals, we are scious, that the conditions of doing business with China. However, essentially telling our potential trad- untrammeled deployment of capital the effect is that our companies are ing partners we do not care. Oh, yes, we around the world has beneficial effects transferring their facilities to China, will have side agreements. We will but can have very detrimental effects. making China not trading partners but have executive initiatives. We will talk It has to be balanced. It has to be bal- ultimately competitors to our own a good game about these issues. But anced by similar regimes in terms of world. they are not at the heart of this legis- workers’ rights, in terms of environ- An interesting experience of DuPont. lation which is the defining legislation mental quality, in terms of coordi- In the late 1980’s, DuPont negotiated for our whole procedure. nating currency, in terms of those fac- with China’s Chemical Industry Min- I do not think it takes much for a tors which will allow free trade to be istry to form a joint venture to make a trade minister in a foreign country to truly free and not allow situations to rice herbicide called Londax. By the figure out pretty quickly it is not im- develop where capital is attracted not time the venture started production in portant—not important—to the Amer- because of quality of workers, not be- 1992, several factories in China were al- ican people, not important to Congress, cause of natural resources, not because ready producing Londax using DuPont not important to our trade effort when, of factories that go to the heart of the technology that it was providing to the in fact, I would argue it is the most im- production function, but because coun- joint venture. Soon thereafter, approxi- portant thing that we can and should tries consciously try to depress their mately 30 Chinese factories were mak- do. wages, try to suppress enforcement of ing several DuPont proprietary herbi- We have seen the side agreements mentioned, but the side agreements environmental quality, try to manipu- cides, all without the explicit permis- have not, I think, produced anything late currency, try to lure for short- sion of DuPont. near the type of mechanism, type of term growth capital which will end up So what we are seeing again is not framework which is essential to good eventually bringing their house of only the deployment of capital because trade policy throughout the country cards down but, in the meantime, af- of natural market forces, but because of the will and because of the negoti- and throughout the world. fecting the livelihood, the welfare and Let me just conclude by saying that ating stance of foreign countries that the state of living of millions and mil- the fast-track procedure will work if are required as a part of free trade, we lions of American workers. we get the goals right. We have ne- This bill does not adequately address are seeing the free transfer of our ex- glected to get negotiating goals right. those capital movements. It doesn’t pertise, our proprietary information, We have neglected key issues with re- adequately understand or recognize our technology, and ultimately in spect to worker protections, key issues that modern technology is assisting many cases our jobs. with respect to environment, key these capital movements. It does not The other aspect of this legislation issues with respect to the coordination recognize that we have to have policies which should be noted, I think with of currency. And the suggestion that that comprehend what is going on in some significance, is the fact that this we can, by side agreements or by legis- the world today. This migration of cap- legislation really does not recognize lative initiatives, make up the dif- ital, this technological expansion, all the fact that we have been running ference I think is mistaken. The expe- of these things have an impact on the trade deficits of staggering proportions rience of NAFTA has been very in- wages of American workers. All of year in and year out. It is interesting to hear the pro- structive in that regard. these have an impact on what we Today, we are here as Members of ponents of fast track talking about should be doing here today in terms of this Senate to do what we must do in this as the great salvation for our trad- developing our response to world trade the trade process. And that is, to write ing partners. And we have had fast as it exists today. legislation which will clearly define all There is another aspect of this cap- track now since 1974. I would daresay, the relevant goals that are necessary ital deployment and this technology we were probably running trade defi- to not only open up markets but to deployment and that is the notion of cits in 1974. So clearly, fast track is a maintain the standard of living of the forced technology transfer which many mechanism—in fact, some would argue United States. the way we conduct some of these bi- of our trading allies engage in, specifi- This is a central issue that we face lateral Free Trade Agreements is not cally China. Their trade policies have today and will face in the days ahead. the answer to the most consistent for- demanded that companies investing in This bill, sadly, will not give us the eign problem we face in America today; or exporting to China must also trans- kind of direction, give the President that is, continued trade deficits. We fer product manufacturing technology the kind of direction that he needs and have to address these problems. to China. that the American people demand. A recent article in the Washington The major trade deficit we run of I yield back the balance of my time. Post chronicled this issue. For exam- course is with the Japanese. But we are Mr. President, could I reserve the ple, to win the right to form a joint also running significant deficits with balance of my time? venture with China’s leading auto- the Chinese. The PRESIDING OFFICER (Mr. AL- maker, General Motors promised to In some respects, one wonders why LARD). That will be reserved. build a factory in China featuring the we are here today talking about fast Mr. SARBANES addressed the Chair. latest in automotive manufacturing track when one would argue our major The PRESIDING OFFICER. The Sen- technology, including flexible tooling problem is adjusting our trade rela- ator from Maryland. and lean manufacturing process. tionship not with emerging countries Mr. SARBANES. First, I want to GM also pledged to establish five like Chile, but with countries like commend the very able Senator from training institutes for Chinese auto- Japan and China. Once again, I do not Rhode Island for a very thorough and motive engineers and to buy most of know what this legislation will do to thoughtful analysis of the issues sur- its parts for the Chinese venture lo- effect those major problems. rounding this legislation. Obviously, a cally after 5 years. Let me just suggest that we have en- great deal of work went into that Similarly, an unidentified United tered into a fast-track procedure which statement, and I think the distin- States manufacturer is planning to is flawed because the goals we have es- guished Senator touched on a number build a major facility in China instead tablished do not reach the most impor- of very important and critical issues. of the United States in response to Chi- tant issues that we face in the world Mr. President, I rise in opposition to nese pressure. An executive with the today. They do not address our trade the motion to proceed to S. 1269. This

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11658 CONGRESSIONAL RECORD — SENATE November 4, 1997 legislation would provide trade agree- But that was a power with respect to ment, NAFTA, 1993; and the GATT ment approval procedures, so-called the setting of tariffs that was limited, Uruguay round of 1994. Fast-track au- fast-track procedures, for imple- specifically limited within certain lim- thority expired in December 1994 at the menting the results of trade agree- its and for fixed periods of time. From conclusion of the Uruguay round and ments that require changes in U.S. law. the 1930’s through the 1960’s, Congress has not been extended since, and the In my view, this is a poorly conceived extended the 1934 act authorizing the Congress is now confronting that ques- piece of legislation that does not serve President to negotiate reductions in tion. the interests of the American people. U.S. tariffs in exchange for comparable Now, over that same period of time, First, let me observe the fast-track reductions by U.S. trading partners. hundreds of trade agreements were procedures are relevant only to a nar- Congress would typically limit how reached by U.S. administrations. Hun- row range of trade agreements, specifi- much tariffs could be reduced. In other dreds of agreements were reached. cally, those agreements which require words, we would set the range below Other countries were prepared to enter Congress to make changes in existing which the administration could not go. into them, and they did not require U.S. law in order for the agreements to We would give a range how long nego- fast track and were not submitted be implemented. tiations could go on, and the Congress under fast-track authority to the Con- Most trade agreements do not require even exempted specific products from gress. legislative changes and, therefore, fast the negotiations. But once the reduc- Now, in examining this grant of au- track consideration would in effect be tions were negotiated within the range thority, I first want to differ with one inapplicable to them. that the Congress had established, the of the assertions that is made by its It is my understanding, for example, President then issued an order pro- supporters that the executive branch that the Clinton administration has claiming the new tariffs and trade would not be able to negotiate trade negotiated over 220 trade agreements. agreements between 1934 and 1974 were agreements if those agreements were Only two required fast-track author- negotiated pursuant to this authority. subject to amendment by the Congress. ity—NAFTA and the GATT Uruguay Now, during the 1960’s, trade talks That is the argument that is made. Un- round agreement. began to expand into nontariff trade less we have this authority, we won’t So let me just observe at the outset areas that were governed by existing be able to negotiate agreements. As I that there is a great deal of overstate- U.S. law; in other words, the trade have already indicated, the vast major- ment going on as to the importance of talks began to involve matters that ity of trade agreements do not require fast-track authority to the administra- were not tariff matters but matters tion’s ability to negotiate trade agree- changes to U.S. law and do not utilize that were covered by our law. The Ken- ments and open foreign markets to fast-track procedures, and the succes- U.S. exporters. nedy round GATT negotiations, for ex- sive administrations have been able to The fact is that for the overwhelming ample, required for the first time negotiate such agreements without any majority of trade agreements, fast- changes to U.S. antidumping laws. We apparent significant difficulty. track authority is not needed. And had antidumping laws on the books. Now, the very idea that the Congress based on its own record, the adminis- The negotiated agreement required should, in effect, delegate to the execu- tration has concluded a large number changes in those antidumping laws. tive branch the authority to write of such trade agreements without fast- The Congress made clear at that time changes in U.S. law and not have those track authority—not under fast-track that the executive branch had to ob- changes subject to modification or authority. tain authority from the Congress to amendment by the Congress represents The question then becomes, for the change a U.S. law in a trade agree- an extraordinary grant of authority by narrow range of trade agreements that ment. The executive branch can’t go the Congress to the Executive. My very will require legislative action by the and negotiate a trade agreement and distinguished colleague, Senator BYRD Congress, because the trade agreement simply by signing off on the trade of West Virginia, spoke to this issue reached requires a change in U.S. law, agreement change an existing law eloquently earlier in this debate, point- what is the appropriate role for the without the approval of the Congress. ing out what a derogation of authority Congress in approving those agree- Now, proclamation authority for the this represents from the legislative to ments? President, which had been used in the the executive branch. Now, article II, section 8 of the Con- reciprocal trade agreements for tariffs, It is my own view that if changes are stitution explicitly grants Congress the did not extend to authority to proclaim going to be made in U.S. statutes, authority ‘‘To regulate Commerce with all changes to U.S. law called for in a those changes ought to be subject to foreign Nations . . .’’ trade agreement. the scrutiny of the Congress and The authority of Congress to approve Fast track was a procedure first en- amendment by the Congress. That is trade agreements is unquestioned. And acted by Congress in the Trade Act of the role the Congress is given under it is very clearly spelled out in the 1974 to deal with trade agreements that the Constitution. Failure to provide for Constitution. So the issue is simply, called for changes in U.S. law. What that congressional role, for that dis- how should the Congress best exercise fast track provided for was a commit- cipline, may leave the American people this authority? ment by the Congress before the nego- without any recourse to change unwise I want to go back just a little bit his- tiations started that whenever an agreements entered into by the Execu- torically and trace some of the evo- agreement came back from the trade tive. lution of trade negotiating authority negotiations, the executive branch Who is to say that all of the par- in order to bring us to set the current could write legislation implementing ticular decisions made by the Execu- situation in context. the trade agreement and have that leg- tive in reaching an agreement are the As many have observed, up until a islation voted on by the Congress with- right ones, or that the balance struck couple of decades ago, most trade out any opportunity to change or by the Executive is the right one? Is agreements dealt with setting tariffs amend it. In other words, it had to be the Congress, then, simply to have to on traded goods. voted as presented by the administra- take this package and consider it as an Up until 1930, Congress passed occa- tion. Only 20 hours of debate are al- all-or-nothing proposition? That is not sional tariff acts that actually set tar- lowed and a floor vote must take place what the Constitution calls for, and I iff terms. However, Congress became within 60 days after the legislation is don’t think Congress ought to be dele- increasingly reluctant to set tariff submitted. gating this authority. schedules in legislation. And in 1934, in Now, since its initial enactment, I recognize that a stronger case can the Reciprocal Trade Act—I emphasize fast-track authority has been utilized be made for the availability of fast- the word ‘‘reciprocal’’ —the Reciprocal for five trade agreements: The GATT track authority to approve large multi- Trade Act, Congress granted to the Tokyo round agreement of 1979; the lateral trade agreements involving well President for the first time so-called United States-Israel Free Trade Agree- over 100 countries, like the Uruguay proclamation authority, the power to ment of 1985; the United States-Canada round of the GATT and bilateral trade set tariffs by executive agreement with Free Trade Agreement of 1988; the agreements like NAFTA. There is a U.S. trading partners. North American Free Trade Agree- plausible argument that concluding

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11659 such multilateral agreements might be granted by the Trade Act of 1974, there trade position is. We have been running complicated by the ability of indi- has been a sharp deterioration in the these huge trade deficits year in and vidual countries, then, to make legisla- U.S. balance of trade with the rest of year out. I defy anyone to assert that tive changes in the agreement. That the world. During the period 1945 to that is a desirable thing to do—to run argument has been asserted and, on oc- 1975, the United States generally en- trade deficits of the kind and mag- casion, recognized by Members of the joyed a positive balance of trade with nitude that we are talking about here— Congress. However, I point out that ar- the rest of the world, running for most $1.5 trillion over the last 22 years. gument loses any persuasive weight of the time a modest surplus. Since What these mounting trade deficits when only two or a few countries are then, the U.S. balance of trade has have done, which have persisted over involved in the trade agreement. This sharply declined. this 20-year period, is they have re- legislation makes no such distinction Now, I first want to show a chart sulted in the accumulation of U.S. for- between multilateral and bilateral that shows the merchandise trade, eign debt obligations that will ap- trade agreements and would provide goods traded. proach $1 trillion by the end of this fast track for both. What this chart shows, Mr. Presi- year—$1 trillion in foreign debt obliga- It is worth noting that all major U.S. dent, is this. It begins back in the late tions. The fact of the matter is that tax, arms control, territorial, defense, 1940’s and it comes through to the our trade deficits over the last 15 years and other treaties are done through present day. This is our merchandise have moved the United States from normal constitutional congressional trade deficit. We ran a modest but posi- being the largest creditor nation in the procedures. We negotiated an arms tive balance throughout the 1940’s, world in 1981 to being the largest debt- control agreement with the Soviet 1950’s, 1960’s, and into the 1970’s. Here or nation in the world in 1996. And this Union. What can be more important? It about 1975, this trade balance begins to debtor status is continuing to deepen. is submitted to the Senate for ap- deteriorate, and it’s now down here at Let me repeat that. These large trade proval. The Senate has the authority, $200 billion a year. In fact, from 1948 deficits that we have run successively if it chooses to do so, to amend that until 1970, we had a positive merchan- over the last 20 years have moved the agreement. There is no fast track on an dise trade balance in each and every United States from being the largest agreement far more important than year. In 1971 and 1972, we had a slight creditor nation in the world in 1981 to trade agreements, involving the na- minus, but it was back positive in 1973, being the largest debtor nation in the tional security of our country, where minus in 1974, positive in 1975; and world in 1996. Just think of that. We they say to the Senate, ‘‘You must ap- since 1975, every year we have had a have gone from being the largest cred- prove this arms control agreement ex- negative merchandise trade balance. itor nation to being the largest debtor actly as it was negotiated by the ad- We have been in deficit on our mer- nation. And then everyone is saying ministration, and you can only vote for chandise trade balance. that the trade policy is a source of it or against it.’’ We have never accept- Listen to the numbers. I will just great strength. How can it be a source ed that. take a few of them. It was $28 billion in of great strength when we are getting The argument will be made at the 1977. In 1984, it jumped to $106 billion. deeper and deeper into the hole as a time, ‘‘Don’t amend it because we don’t It was $152 billion in 1987. It dropped debtor? want to have to go back and have to re- back down; it was down to $84 billion in This development has raised concerns negotiate,’’ but clearly our power to 1992. It went back up. In the last 4 about the ability of the United States amend it is recognized and it is sub- years, it was $115 billion, $150 billion, to finance the debt. These are claims mitted to us under those terms. $158 billion, and $168 billion—negative that foreigners hold on us. For exam- Now, if the agreement can withstand trade deficits. ple, Lester Thurow, in his recent book the scrutiny as to why it ought not to Now, this incredible deterioration in ‘‘The Future of Capitalism’’ wrote: be amended, then it should not be the merchandise trade balance was off- No country, not even one as big as the amended. But to bind ourselves in ad- set somewhat—by no means anywhere United States, can run a trade deficit for- vance that we will only vote it up or near entirely, but it was offset some- ever. down, without the opportunity to what, to give a full picture—by an im- Money must be borrowed to pay for the amend it, is to give away a tremendous provement in our services trade bal- deficit, and money must be borrowed to pay interest on the borrowings. Even if the an- grant of legislative authority. ance. Again, that had run in balance nual deficit does not grow, interest pay- Among the nontrade treaties done more or less all the way, and we have ments will grow until they are so large that under regular procedures during the had an improvement here, as you can they cannot be financed. At some point 1970’s, 1980’s and 1990’s are the Nuclear see, over the last few years. world capital markets will quit lending to Weapons Reduction Treaty, SALT I, The total trade deficits—in other Americans and Americans will run out of as- SALT II, START, Atmospheric Test words, adding the two together—how- sets foreigners want to buy. Ban Treaty, Biological Weapons Con- ever, continues to show a deterioration Now, I am not suggesting that all of vention, the Customs Harmonization in the U.S. economic position. This is the blame for this ought to be laid on Convention, dozens of international tax what has happened to the total trade fast-track authority. There is a com- treaties, Airline Landings Rights Trea- balance. We are running along here plex factor. But what I am suggesting ty, Convention on International Trade more or less with a positive balance, is that contrary to the constant asser- and Endangered Species, Montreal pro- and then we have had this deteriora- tions, it cannot be shown by the statis- tocol, Ozone Treaty, and on and on and tion in the trade balance. During the tics that fast-track authority has had a on and on. first 9 months of 1997, the United positive impact on the U.S. balance of No one said at the time that the Con- States has been running a trade deficit trade. That is what we should be debat- gress can only consider these to vote that is outpacing the 1996 rate. The cu- ing. We ought to be debating why is yes or no, without the power and au- mulative U.S. trade deficit from 1974 to this happening? What can be done thority to amend them; and no one said 1996, according to the Congressional about it? What does it do to the United that unless you give us such a grant of Research Service, is $1.8 trillion. Let States to become the world’s largest authority, we won’t be able to nego- me repeat that. The cumulative U.S. debtor country? tiate these treaties. trade deficit from 1974 to 1996 is $1.8 Now, in many respects the assertion Now let’s turn for a moment and ex- trillion. The cumulative current ac- that fast track is needed in order to re- amine the question of what benefits count deficits, when you offset the sur- solve some of our trade problems, I have we received from this extraor- face improvement during that period, think, misses the mark. Let me give dinary grant of authority to the execu- is $1.5 trillion. you a very clear example. The United tive embodied in the fast-track proce- We are running these enormous defi- States bilateral trade deficit with dures. The fact of the matter is—and I cits. This is what we ought to be debat- China in 1996 was $40 billion, second am not necessarily asserting that, be- ing. One argument to turn down this only to our trade deficit with Japan, cause the time period corresponds, the fast-track authority is in order to pre- and that trade deficit is continuing to whole cause was fast-track authority— cipitate a national debate on what our deteriorate in 1997. In other words, the but since fast-track authority was first trade policy ought to be and what our figures for 1997 will be more than the

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11660 CONGRESSIONAL RECORD — SENATE November 4, 1997 $40 billion figure for the 1996 trade def- The greater increases in imports, Mr. SARBANES. Certainly. icit with China. Resolving our trade what this chart says. See, everyone Mr. BYRD. It is really difficult to deficit with China does not require comes in, and they say, well, we are comprehend how much a trillion dol- fast-track procedures. It requires a de- going to be able to increase our ex- lars is. And the distinguished Senator termined effort by our Government to ports. Everyone says, well, that’s a has pointed to the trade deficit that address the type of problem described wonderful thing. No one looks at the our country has been running. And he in a recent Washington Post article en- other side of the ledger, which is this said that up until the early part of the titled, ‘‘China Plays Rough: Invest and incredible increase which has taken 1980’s our country was a creditor Na- Transfer Technology or No Market Ac- place in imports and, therefore, the de- tion, the foremost creditor Nation on cess.’’ teriorating economic position of the Earth. And that during the 1980’s it be- ‘‘China Plays Rough: Invest and United States as we run these very came a debtor Nation, to the tune of $1 Transfer Technology or No Market Ac- large trade deficits—$1.5 trillion defi- trillion. cess.’’ cits since 1974, and because of that the Mr. SARBANES. Now we are at a That article describes how China United States, which has been the trillion. Each year, if you add $100 bil- forces United States companies to world’s largest creditor nation into the lion, $125 billion, $150 billion, if you run transfer jobs and technology as a price 1970’s—and we even survived up to 1980 a deficit that year at $100 billion to for getting export sales. That is the so- because we had a creditor position be- $150 billion, that is another $100 billion called offsets issue. Of course, what we fore it was worked down. Eventually it or $150 billion you add to your debtor are doing is to gain a temporary, mo- was worked down. At the end of this status. So, unless you get out of this mentary advantage we are giving away year we will be a $1 trillion debtor, status, you are continuing to worsen the long run. In other words, because of with every indication that it will con- your position and get deeper and deep- this requirement, companies come in. tinue on out into the future—continue er into the hole. What it means to be in In order to get some exports now, they on out into the future. a debtor status is that others abroad transfer the technology and make the Let me go back to this quote from have claims on us. When we were a investments in China which will guar- Mr. Lewis: creditor Nation we had claims on them. antee that they will get no exports in Full discussion is needed on questions like: Now they have claims on us. I submit the future. And the Chinese are requir- What is the purpose of our trade policy and that is a weakening, that is a deterio- ing that as part of the trade negotia- what do we want our domestic economy to ration of the U.S. economic position. tion. look like? Who gains and who loses, and to what extent, from the increases in exports Then they will come along and say, Those are the kinds of issues we and the greater increases in imports? Do ‘‘Well, the economy is working well.’’ ought to be addressing here. That is a American workers benefit, or only con- The economy is working well now. serious issue. And that has very severe sumers and investors? What conditions must There is no question about it. But the and consequential long-term implica- exist—concerning human rights, workers one thing we have not straightened out tions. rights, or environmental protections—for us or addressed are these constant trade The ongoing deterioration in the to allow other nations’ goods to enter our deficits which get us deeper and deeper country? international position of the United into the hole. Others continue to fi- States should raise fundamental ques- These strike me as the fundamental nance us. But you wonder how long tions about our trade posture. I defy questions that we are failing to ask they are going to go on doing it. And anyone to look at these charts and this about our trade policy, and fast track even if they continue to do it, we nev- movement in terms of our trade bal- is not an answer to any of those ques- ertheless are more and more at their ance and not conclude that we are fac- tions. What we really should do here is mercy. not do the fast track. Launch a major ing a serious problem here. I mean we are depending on the good debate on our trade policy, a major ex- I am frank to tell you, I think those will of strangers, is what it amounts amination of the trade figures and a agreements ought to come to the Con- to, on the economic front. And I am major consideration of why the United gress and let the Congress scrutinize just saying —now, if you didn’t have States is running these large trade them. The Executive makes these fast track, would you correct it? Well, deficits. I defy anyone to come to the agreements. They develop the package. I don’t know. At least the agreements floor and suggest that running these They do all the tradeoffs. They say, if would be subjected to a much closer large trade deficits is to our national it goes to the Congress, there will be scrutiny. In any event, we could turn interest, that that is a positive situa- all kinds of tradeoffs, as if there are no our attention to finding out what the tion. It is clearly not a positive situa- tradeoffs downtown, as if the Executive factors are that cause this. is not engaged in all sorts of tradeoffs. tion. Throughout this whole period we ran Mr. BYRD. Mr. President, will the Who is to say that their tradeoffs bet- Senator yield? ter serve the public national interests modest but positive trade balances. In fact, many have said that the United Mr. SARBANES. Certainly. of the country than the judgments or Mr. BYRD. I compliment the Senator decisions that Congress would make? States purposely tried to hold down its positive trade balances in order to help on the presentation that he is making Recently, Kenneth Lewis, the retired and on his charts. It is amazing, when chief executive of a shipping company the rest of the world develop subse- quent to World War II. So we ran these one contemplates that, if one were to in Portland, OR, and a member of the count a trillion dollars at the rate of $1 Presidential Commission on United modest but positive trade balances, and beginning in the mid-1970’s—coinciden- per second, it would require 32,000 States Pacific Trade and Investment years to count a trillion dollars. It is Policy, wrote an article in the New tally, as I said, about the time we started doing fast-track authority—we pretty amazing. The Senator and his York Times. In that article, he called charts point to the road that we are for a significant dialog on U.S. trade began to get this deterioration. That’s in the overall trade balance. traveling. I thank the Senator for his policy and the establishment of a per- fine statement. He has been a student manent commission charged with de- In the merchandise trade balance, the deterioration was absolutely dra- of this matter for many years and on veloping plans to end in the next 10 his committee, the Joint Economic years our huge and continuing trade matic, as I have indicated earlier. We just had an incredible deterioration in Committee, I believe it is, he has accu- deficits. In fact, Senators BYRD and mulated a tremendous amount of DORGAN and I have sponsored legisla- the goods balance, as we can see by this chart here. This is about a $1.8 knowledge in this respect. I thank him tion to establish such a commission. In for his presentation. I hope that Sen- his article Mr. Lewis wrote: trillion deterioration in the trade. Now, it is somewhat offset a bit by the ators who are not here will take the Full discussion is needed on questions like: time to read it in tomorrow’s RECORD. What is the purpose of our trade policy and improvement in the service balance. what do we want our domestic economy to But the net figure comes out to show I thank the Senator for yielding. look like? Who gains and who loses, and to this figure on total trade balance. Mr. SARBANES. I appreciate the what extent, from the increases in exports Mr. BYRD. Mr. President, will the comments of my distinguished col- and the greater increases in imports? Senator yield for a question? league.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11661 Mr. President, I have one final point standards, many of which result in think it is time to address that prob- I want to make and that is on this mat- lower costs, and then continue to expe- lem. I think the way to begin is not to ter of protection for workers’ rights, rience these growing trade deficits? grant this fast-track authority. health and safety standards, and envi- Are we going to lower our own stand- Mr. President, I yield the floor and ronmental standards. ards, when clearly we put them into reserve the remainder of my time. I Actually, in many respects, this leg- place because we perceive that they are suggest the absence of a quorum. islation is weaker than the legislation necessary in order to deal with the sort The PRESIDING OFFICER. The which last reauthorized fast track in of problems at which they are directed, clerk will call the roll. 1988 in these areas. The administration when we are trying to get the rest of The assistant legislative clerk pro- has come in today with a number of so- the world to come up not to go down? ceeded to call the roll. called initiatives and I am sure we will These are many of the questions that I Mr. BENNETT. Mr. President, I ask see more tomorrow, more the next day, think need to be addressed on the trade unanimous consent that the order for and so forth. But, as I read them, none issue. the quorum call be rescinded. of those initiatives go right to the Very quickly in summary, the fast- The PRESIDING OFFICER. Without heart of the fast-track negotiating track authority represents a tremen- objection, it is so ordered. process in terms of what the negoti- dous derogation of the power of the f ating goals should be. Let me just Congress. The Constitution gives us point out that under this legislation, the power to regulate foreign com- MORNING BUSINESS we drastically limit the extent to merce and we ought to exercise that Mr. BENNETT. Mr. President, I ask which workers’ rights, health and safe- power. We do very serious consequen- unanimous consent that there now be a ty standards, and environmental pro- tial arms control agreements that are period of morning business with Sen- tection are addressed in the principal open to amendment when they come to ators permitted to speak for up to 5 negotiating objectives of the fast-track the floor of the Senate. We may not minutes each. authority. The fast-track authority amend them. We may decide not to sets out principal negotiating objec- The PRESIDING OFFICER. Without amend them. But we don’t give away or objection, it is so ordered. tives. And it is those objectives that forswear the power to do so. I don’t see f describe the subject matter of trade why we should give away or forswear agreements which are covered by fast- that power when it comes to trade NOTICE OF ADOPTION OF AMEND- track procedure. agreements. MENTS TO REGULATIONS AND My very able colleague from Rhode Of course we have had this incredible SUBMISSION FOR APPROVAL Island, Senator REED, made this point deterioration in our trade situation. in a very careful and thoughtful way. Mr. THURMOND. Mr. President, pur- That is the issue that ought to be ad- suant to section 304 of the Congres- The bill states that the principal nego- dressed. It would serve everyone’s pur- tiating objectives with respect to sional Accountability Act of 1995 (2 pose if we rejected the fast-track au- labor, health and safety, or environ- U.S.C. sec. 1384), Notices of Adoption of thority and then provoked or precip- mental standards only include foreign Amendments to Regulations and Sub- itated, as a consequence, a major na- government regulations and other gov- mission for Approval were submitted tional debate with respect to trade pol- ernment practices, ‘‘including the low- by the Office of Compliance, U.S. Con- icy. It is constantly asserted—I under- ering of or derogation from existing gress. These notices contain amend- stand the economic theory for free labor, health and safety or environ- ments to regulations under sections trade and I don’t really differ with it, mental standards for the purpose of at- 204, 205 and 215 of the Congressional Ac- although I do submit to you that many tracting investment or inhibiting U.S. countability Act. Section 204 applies of the countries with which we are en- exports.’’ rights and protections of the Employee ‘‘The lowering of or derogation from gaged in trade are not practicing free Polygraph Protection Act of 1988; sec- existing * * * standards.***’’ Thus trade. They are not playing according tion 205 applies rights and protections the bill would not allow for fast track- to the rules. They are manipulating of the Worker Adjustment Retraining consideration of provisions to improve the rules to their own advantage and to and Notification Act; and section 215 labor, environmental and health and our disadvantage—witness these. In applies rights and protections of the safety standards in other countries. It, many instances the consequence of Occupational Safety and Health Act of in effect, says they can’t lower it. But that is to contribute to these very 1970. it says nothing about improving it. large trade deficits. But those are the Section 304 requires these notices and matters that we ought to be debating. And one of the problems, of course, amendments be printed in the CON- We ought to have a full-scale examina- that we face is that environmental GRESSIONAL RECORD; therefore I ask standards, workers’ standards, health tion of that and the Congress ought not unanimous consent that the notices and safety standards in other countries to give away its ability to be a full and amendments be printed in the partner in developing and formulating are completely inadequate and we are RECORD and referred to the appropriate in that competitive environment. trade policy. This proposal that is be- committee for consideration. The principal negotiating objectives, fore us, in effect, requires the Congress There being no objection, the mate- which are what the implementing leg- to give up a significant amount of its rial was ordered to be printed in the authority in reviewing trade agree- islation has to be limited to, leave no RECORD, as follows: room for provisions that are outside a ments. I think, therefore, they don’t OFFICE OF COMPLIANCE—THE CONGRESSIONAL get the kind of scrutiny which they de- very narrow range, strictly needed to ACCOUNTABILITY ACT OF 1995: EXTENSION OF implement the trade agreement. So serve. RIGHTS AND PROTECTIONS UNDER THE EM- this provision, despite these assurances The examination is always on one PLOYEE POLYGRAPH PROTECTION ACT OF 1988 side. It says, we will get these addi- now which are coming in, all of which NOTICE OF ADOPTION OF AMENDMENTS TO are unilateral assurances by the execu- tional exports. No one looks at what is REGULATIONS AND SUBMISSION FOR APPROVAL tive branch and not included in the ne- going to happen on the import side and Summary: The Board of Directors (‘‘Board’’) gotiating objectives, would be included what the balance will be between the of the Office of Compliance has adopted within the fast-track authority. So we two. amendments to the Board’s regulations im- are not even going to be able to start As a consequence of not examining plementing section 204 of the Congressional addressing this very serious and severe the balance, we have had this incred- Accountability Act of 1995 (‘‘CAA’’), 2 question about the discrepancy be- ible deterioration. We used to not do U.S.C. § 1314, and is hereby submitting the tween workers’ standards, environ- that. We used to have in mind the fact amendments to the House of Representatives mental standards, and health and safe- there was a balance and that it was im- and the Senate for publication in the CON- portant to us. We sought to sustain GRESSIONAL RECORD and for approval. The ty standards—between what exists in CAA applies the rights and protections of this country and what exists with a that balance, as this line indicates. We eleven labor and employment and public ac- number of our competitors. held that line for 25 years after World cess laws to covered employees and employ- What is the answer to that? Are we War II. Since then, we have gone into ing offices within the Legislative Branch, simply going to accept these lower this kind of decline, and I, for one, and section 204 applies rights and protections

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11662 CONGRESSIONAL RECORD — SENATE November 4, 1997 of the Employee Polygraph Protection Act of 1.2(c), and the amendments add GAO and the plies the rights and protections of eleven 1988 (‘‘EPPA’’). Section 204 will go into effect Library and their employees into these defi- labor and employment and public access with respect to the General Accounting Of- nitions. In addition, as proposed in the laws to covered employees and employing of- fice (‘‘GAO’’) and the Library of Congress NPRM, the amendments make minor correc- fices within the Legislative Branch, and sec- (‘‘Library’’) on December 30, 1997, and these tions to the regulations.1 tion 205 applies rights and protections of the amendments extend the coverage of the Recommended method of approval. The Board Worker Adjustment Retraining and Notifica- Board’s regulations under section 204 to in- adopted three identical versions of the tion Act (‘‘WARN Act’’). Section 205 will go clude GAO and the Library. The amendments amendments, one amending the regulations into effect with respect to the General Ac- also make minor corrections to the regula- that apply to the Senate and employees of counting Office (‘‘GAO’’) and the Library of tions. the Senate, one amending the regulations Congress (‘‘Library’’) on December 30, 1997, The Board has also adopted amendments to that apply to the House of Representatives and these amendments extend the coverage bring GAO and the Library within the cov- and employees of the House, and one amend- of the Board’s regulations under section 205 erage of the Board’s regulations under sec- ing the regulations that apply to other cov- to include GAO and the Library. The amend- tions 205 and 215 of the CAA, which apply the ered employees and employing offices, and ments also make a minor correction to the rights and protections, respectively, of the the Board recommends, as it did in the regulations. Worker Adjustment and Retraining Notifica- NPRM, (1) that the version amending the The Board has also adopted amendments to tion Act and the Occupational Safety and regulations that apply to the Senate and em- bring GAO and the Library within the cov- Health Act of 1970. To enable the House and ployees of the Senate be approved by the erage of the Board’s regulations under sec- Senate to consider and act on the amend- Senate by resolution, (2) that the version tions 204 and 215 of the CAA, which apply the ments under sections 204, 205, and 215 sepa- amending the regulations that apply to the rights and protections, respectively, of the rately, if the House and Senate so choose, House and employees of the House be ap- Employee Polygraph Protection Act of 1988 the Board adopted the amendments under proved by the House by resolution, and (3) and the Occupational Safety and Health Act these three sections by three separate docu- that the version amending the regulations of 1970. To enable the House and Senate to ments and is submitting the Notices for the that apply to other covered employees and consider and act on the amendments under amendments under sections 205 and 215 to- employing offices be approved by the Con- sections 204, 205, and 215 separately, if the gether with this Notice to the House and gress by concurrent resolution. House and Senate so choose, the Board Senate for publication and approval. Signed at Washington, DC, on this 31st day adopted the amendments under these three For further information contact: Executive of October, 1997. sections by three separate documents and is Director, Office of Compliance, John Adams GLEN D. NAGER, submitting the Notices for the amendments Building, Room LA 200, Washington, D.C. Chair of the Board, Office of Compliance. under sections 204 and 215 together with this 20540–1999. Telephone: (202) 724–9250 (voice), The regulations implementing section 204 Notice to the House and Senate for publica- (202) 426–1912 (TTY). of the CAA, issued by publication in the CON- tion and approval. GRESSIONAL RECORD on April 23, 1996 at 142 SUPPLEMENTARY INFORMATION For further information contact: Executive Cong. Rec. S3917–24 (daily ed. Apr. 23, 1996), 1. Background and Purpose of this Rulemaking Director, Office of Compliance, John Adams are amended by revising section 1.2(c) and Building, Room LA 200, Washington, D.C. The background and purpose of this rule- the first sentence of section 1.2(i) to read as 20540–1999. Telephone: (202) 724–9250 (voice), making were described in detail in a Notice follows: of Proposed Rulemaking published by the (202) 426–1912 (TTY). ‘‘Sec. 1.2 Definitions Board on September 9, 1997, at 143 Cong. Rec. SUPPLEMENTARY INFORMATION S9014 (daily ed. Sept. 9, 1997) (‘‘NPRM’’), and * * * * * will be summarized here briefly. The CAA, ‘‘(c) The term covered employee means any 1. Background and Purpose of this Rulemaking enacted on January 23, 1995, applies the employee of (1) the House of Representatives; The background and purpose of this rule- rights and protections of eleven labor and (2) the Senate; (3) the Capitol Guide Service; making were described in detail in a Notice employment and public access laws to cov- (4) the Congressional Budget Office; (5) the of Proposed Rulemaking published by the ered employees and employing offices in the Office of the Architect of the Capitol; (6) the Board on September 9, 1997, at 143 Cong. Rec. Legislative Branch. Section 204 of the CAA, Office of the Attending Physician; (7) the Of- S9014 (daily ed. Sept. 9, 1997) (‘‘NPRM’’), and 2 U.S.C. § 1314, applies the rights and protec- fice of Compliance; (8) the General Account- will be summarized here briefly. The CAA, tions of the Employee Polygraph Protection ing Office; or (9) the Library of Congress. enacted on January 23, 1995, applies the Act of 1988 (‘‘EPPA’’) by providing, gen- * * * * * rights and protections of eleven labor and erally, that no employing office may require ‘‘(i) The term employing office means (1) employment and public access laws to cov- a covered employee to take a lie detector the personal office of a Member of the House ered employees and employing offices in the test where such a test would be prohibited if of Representatives or of a Senator; (2) a com- Legislative Branch. Section 205 of the CAA, required by an employer under paragraph (1), mittee of the House of Representatives or 2 U.S.C. § 1315, applies the rights and protec- (2), or (3) of section 3 of the EPPA, 29 U.S.C. the Senate or a joint committee; (3) any tions of the Worker Adjustment and Retrain- § 2002 (1), (2), (3). other office headed by a person with the final ing Notification Act (‘‘WARN Act’’) by pro- For most employing offices and covered authority to appoint, hire, discharge, and set viding, generally, that no employing office employees, section 204 became effective on the terms, conditions, or privileges of the shall be closed or a mass layoff ordered with- January 23, 1996, and the Board published in- employment of an employee of the House of in the meaning of section 3 of the WARN terim regulations on January 22, 1997 and Representatives or the Senate; (4) the Cap- Act, 29 U.S.C. § 2102, until 60 days after the final regulations on April 23, 1996 to imple- itol Guide Board, the Congressional Budget employing office has provided written notice ment section 204 for those offices and em- Office, the Office of the Architect of the Cap- to covered employees. ployees. (142 Cong. Rec. S260–62, S262–70) itol, the Office of the Attending Physician, For most covered employees and employ- (daily ed. Jan. 22, 1996) (Notices of Adoption and the Office of Compliance; (5) the General ing offices, section 205 became effective on of Regulation and Submission for Approval Accounting Office; or (6) the Library of Con- January 23, 1996, and the Board published in- and Issuance of Interim Regulations); 142 gress.* * *’’. terim regulations on January 22, 1997 and Cong. Rec. S3917–24, S3924 (daily ed. Apr. 23, final regulations on April 23, 1996 to imple- 1996) (Notices of Issuance of Final Regula- OFFICE OF COMPLIANCE—THE CONGRESSIONAL ment section 205 for those offices and em- tions). However, with respect to GAO and the ACCOUNTABILITY ACT OF 1995: EXTENSION OF ployees. 142 Cong. Rec. S270–74) (daily ed. Library, section 204 will become effective on RIGHTS AND PROTECTIONS UNDER THE WORK- Jan. 22, 1996) (Notice of Adoption of Regula- December 30, 1997, and the purpose of this ER ADJUSTMENT AND RETRAINING NOTIFICA- tion and Submission for Approval and rulemaking is to adopt regulations to imple- TION ACT Issuance of Interim Regulations); 142 Cong. ment section 204 with respect to GAO and NOTICE OF ADOPTION OF AMENDMENTS TO Rec. S3949–52 (daily ed. Apr. 23, 1996) (Notice the Library as well. REGULATIONS AND SUBMISSION FOR APPROVAL of Issuance of Final Regulations). However, 2. Description of Amendments Summary: The Board of Directors (‘‘Board’’) with respect to GAO and the Library, section In the NPRM, the Board proposed that cov- of the Office of Compliance has adopted 205 will become effective on December 30, erage of the existing regulations under sec- amendments to the Board’s regulations im- 1997, and the purpose of this rulemaking is to tion 204 be extended so that the same regu- plementing section 205 of the Congressional adopt regulations to implement section 205 latory provisions would apply to GAO and Accountability Act of 1995 (‘‘CAA’’), 2 U.S.C. with respect to GAO and the Library as well. the Library and their employees as now § 1315, and is hereby submitting the amend- 2. Description of Amendments apply to other employing offices and covered ments to the House of Representatives and employees. No comments were received, and the Senate for publication in the Congres- In the NPRM, the Board proposed that cov- the Board has adopted the amendments as sional Record and for approval. The CAA ap- erage of the existing regulations under sec- proposed. tion 205 be extended so that the same regu- In the Board’s regulations under section 1 In the definitions of ‘‘employing office’’ and ‘‘cov- latory provisions would apply to GAO and 204, the scope of coverage is established by ered employee,’’ the references to the Office of Tech- the Library and their employees as now the definitions of ‘‘employing office’’ in sec- nology Assessment and to employees of that Office apply to other employing offices and covered tion 1.2(i) and ‘‘covered employee’’ in section are removed, as that Office no longer exists. employees. No comments were received, and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11663 the Board has adopted the amendments as laws to covered employees and employing of- of the CAA, and the amendments add GAO proposed. fices within the Legislative Branch, and sec- and the Library and their employees into In the Board’s regulations implementing tion 215 applies rights and protections of the these definitions and listings. In addition, in section 205, the scope of coverage is estab- Occupational Safety and Health Act of 1970 the provisions of the Board’s regulations lished by the definition of ‘‘employing of- (‘‘OSHAct’’). Section 215 will go into effect that cross-reference the Secretary of Labor’s fice’’ in section 639.3(a)(1), which, by refer- with respect to the General Accounting Of- regulations under the OSHAct, the amend- ring to the definition of ‘‘employing office’’ fice (‘‘GAO’’) and the Library of Congress ments correct several editorial and technical in section 101(9) of the CAA, 2 U.S.C. § 1301(9), (‘‘Library’’) on December 30, 1997, and these errors and incorporate recent changes in the includes all covered employees and employ- amendments extend the coverage of the Secretary’s regulations, and the amend- ing offices other than GAO and the Library. Board’s regulations under section 215 to in- ments make other typographical and minor The amendments add to this regulatory pro- clude GAO and the Library. The amendments corrections to the Board’s regulations.1 vision a reference to section 205(a)(2) of the also make minor corrections and changes to Recommended method of approval. The Board CAA, which, for purposes of section 205, adds the regulations. adopted three identical versions of the GAO and the Library into the definition of The Board has also adopted amendments to amendments, one amending the regulations ‘‘employing office.’’ In addition, as proposed bring GAO and the Library within the cov- that apply to the Senate and employees of in the NPRM, the amendments make a erage of the Board’s regulations under sec- the Senate, one amending the regulations minor correction to the regulations.1 tions 204 and 205 of the CAA, which apply the that apply to the House of Representatives Recommended method of approval. The Board rights and protections, respectively, of the and employees of the House, and one amend- adopted three identical versions of the Employee Polygraph Protection Act of 1988 ing the regulations that apply to other cov- amendments, one amending the regulations and the Worker Adjustment and Retraining ered employees and employing offices, and that apply to the Senate and employees of Notification Act. To enable the House and the Board recommends, as it did in the the Senate, one amending the regulations Senate to consider and act on the amend- NPRM, (1) that the version amending the that apply to the House of Representatives ments under sections 204, 205, and 215 sepa- regulations that apply to the Senate and em- and employees of the House, and one amend- rately, if the House and Senate so choose, ployees of the Senate be approved by the ing the regulations that apply to other cov- the Board adopted the amendments under Senate by resolution, (2) that the version ered employees and employing offices, and these three sections by three separate docu- amending the regulations that apply to the the Board recommends, as it did in the ments and is submitting the Notices for the House and employees of the House be ap- NPRM, (1) that the version amending the amendments under sections 204 and 205 to- proved by the House by resolution, and (3) regulations that apply to the Senate and em- gether with this Notice to the House and that the version amending the regulations ployees of the Senate be approved by the Senate for publication and approval. that apply to other covered employees and Senate by resolution, (2) that the version For further information contact: Executive employing offices be approved by the Con- amending the regulations that apply to the Director, Office of Compliance, John Adams gress by concurrent resolution. The Board’s House and employees of the House be ap- Building, Room LA 200, Washington, DC regulations under section 215 have not yet proved by the House by resolution, and (3) 20540–1999. Telephone: (202) 724–9250 (voice), been approved by the House and Senate, and, that the version amending the regulations (202) 426–1912 (TTY). if the regulations remain unapproved when the amendments come before the House and that apply to other covered employees and SUPPLEMENTARY INFORMATION employing offices be approved by the Con- Senate for consideration, the Board rec- gress by concurrent resolution. 1.Background and Purpose of this Rulemaking ommends that the House and Senate approve Signed at Washington, DC, on this 31st day The background and purpose of this rule- the amendments together with the regula- of October, 1997. making were described in detail in a Notice tions. Signed at Washington, DC, on this 31st day GLEN D. NAGER, of Proposed Rulemaking published by the Chair of the Board, Office of Compliance. Board on September 9, 1997, at 143 CONG. REC. of October, 1997. The regulations implementing section 205 S9014 (daily ed. Sept. 9, 1997) (‘‘NPRM’’), and GLEN D. NAGER, of the CAA, issued by publication in the Con- will be summarized here briefly. The CAA, Chair of the Board, Office of Compliance. The regulations implementing section 215 gressional Record on April 23, 1996 at 142 enacted on January 23, 1995, applies the of the CAA, adopted and published in the Cong. Rec. S3949–52 (daily ed. Apr. 23, 1996), rights and protections of eleven labor and CONGRESSIONAL RECORD on January 7, 1997 at are amended by revising the title at the be- employment and public access laws to cov- 143 CONG. REC. S61, 66–69 (daily ed. Jan. 7, ginning of the regulations and the introduc- ered employees and employing offices in the 1997), are amended as follows: tory text of the first sentence of section Legislative Branch. Section 215 of the CAA, 1. EXTENSION OF COVERAGE.—By revising 639.3(a)(1) to read as follows: 2 U.S.C. § 1341, applies the rights and protec- sections 1.102(c), (i), and (j) and 1.103 to read tions of the Occupational Safety and Health ‘‘APPLICATION OF RIGHTS AND PROTECTIONS OF as follows: Act of 1970 (‘‘OSHAct’’) by providing, gen- THE WORKER ADJUSTMENT AND RETRAINING ‘‘§ 1.102 Definitions. NOTIFICATION ACT erally, that each employing office and each covered employee must comply with the pro- * * * * * * * * * * visions of section 5 of the OSHAct, 29 U.S.C. ‘‘(c) The term covered employee means any ‘‘§ 639.3 Definitions. § 654. employee of (1) the House of Representatives; ‘‘(a) Employing office. (1) The term ‘‘em- For most covered employees and employ- (2) the Senate; (3) the Capitol Guide Service; ploying office’’ means any of the entities ing offices, section 215 became effective on (4) the Capitol Police; (5) the Congressional listed in section 101(9) of the CAA, 2 U.S.C. January 1, 1997, and the Board adopted regu- Budget Office; (6) the Office of the Architect § 1301(9), and either of the entities included in lations published on January 7, 1997 to im- of the Capitol; (7) the Office of the Attending the definition of ‘‘employing office’’ by sec- plement section 215 for those offices and em- Physician; (8) the Office of Compliance; (9) tion 205(a)(2) of the CAA, 2 U.S.C. § 1315(a)(2), ployees. 143 CONG. REC. S61–70 (Jan. 7, 1997) the General Accounting Office; and (10) the that employs— (Notice of Adoption and Submission for Ap- Library of Congress. ‘‘(i) * * *’’. proval). However, with respect to GAO and * * * * * the Library, section 215 will become effective * * * * * ‘‘(i) The term employing office means: (1) on December 30, 1997, and the purpose of this the personal office of a Member of the House rulemaking is to adopt regulations to imple- of Representatives or of a Senator; (2) a com- OFFICE OF COMPLIANCE—THE CONGRESSIONAL ment section 215 with respect to GAO and mittee of the House of Representatives or ACCOUNTABILITY ACT OF 1995: EXTENSION OF the Library as well. the Senate or a joint committee; (3) any RIGHTS AND PROTECTIONS UNDER THE OCCU- 2. Description of Amendments other office headed by a person with the final PATIONAL SAFETY AND HEALTH ACT OF 1970 In the NPRM, the Board proposed that cov- authority to appoint, hire, discharge, and set NOTICE OF ADOPTION OF AMENDMENTS TO erage of the existing regulations under sec- the terms, conditions, or privileges of the REGULATIONS AND SUBMISSION FOR APPROVAL tion 215 be extended so that the same regu- employment of an employee of the House of Summary: The Board of Directors (‘‘Board’’) latory provisions would apply to GAO and Representatives or the Senate; (4) the Cap- of the Office of Compliance has adopted the Library and their employees as would itol Guide Board, the Congressional Budget amendments to the Board’s regulations im- apply to other employing offices and covered Office, the Office of the Architect of the Cap- plementing section 215 of the Congressional employees. No comments were received, and itol, the Office of the Attending Physician, Accountability Act of 1995 (‘‘CAA’’), 2 U.S.C. the Board has adopted the amendments as § 1341, and is hereby submitting the amend- proposed. 1 In the definition of ‘‘employing office’’ in section ments to the House of Representatives and In the Board’s regulations implementing 1.102(i) ‘‘the Senate’’ is stricken from clause (1) and the Senate for publication in the CONGRES- section 215, the scope of coverage is estab- ‘‘of a Senator’’ is inserted instead, and ‘‘or a joint SIONAL RECORD and for approval. The CAA lished by the definitions of ‘‘covered em- committee’’ is stricken from that clause, for con- applies the rights and protections of eleven ployee’’ in section 1.102(c) and ‘‘employing formity with the text of section 101(9)(A) of the labor and employment and public access CAA, 2 U.S.C. § 1301(9)(A). In section 1.102(j), ‘‘a vio- office’’ in section 1.102(i) and by the listings lation of this section’’ is stricken and ‘‘a violation in sections 1.102(j) and 1.103 of entities that of section 215 of the CAA (as determined under sec- 1 The title at the beginning of the regulations is are included as employing offices if respon- tion 1.106)’’ is inserted instead, for consistency with being corrected. sible for correcting a violation of section 215 the language in section 1.103 of the regulations.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11664 CONGRESSIONAL RECORD — SENATE November 4, 1997 and the Office of Compliance; (5) the General ‘‘APPENDIX A TO PART 1926—DESIGNATIONS troduced a bipartisan concurrent reso- Accounting Office; or (6) the Library of Con- FOR GENERAL INDUSTRY STANDARDS INCOR- lution expressing the sense of the Con- gress.’’ PORATED INTO BODY OF CONSTRUCTION gress that proliferation of such tech- * * * * * STANDARDS’’. nology and missile components by Rus- ‘‘(j) The term employing office includes any f sian governmental and nongovern- of the following entities that is responsible SENSE OF THE CONGRESS RE- mental entities must stop. Our resolu- for the correction of a violation of section tion calls on the President to use all 215 of the CAA (as determined under section GARDING PROLIFERATION OF 1.106), irrespective of whether the entity has MISSILE TECHNOLOGY FROM the tools at his disposal, including tar- an employment relationship with any cov- RUSSIA TO IRAN geted sanctions, to end this prolifera- tion threat, if these activities do not ered employee in any employing office in Mr. HELMS. Mr. President, as chair- cease. which such violation occurs: (1) each office man of the Senate Foreign Relations I join with Representative HARMAN, of the Senate, including each office of a Sen- Committee, I am pleased that the com- ator and each committee; (2) each office of in clarifying that this resolution is not the House of Representatives, including each mittee has reported favorably Senate intended to affect the Cooperative office of a Member of the House of Rep- Concurrent Resolution 48, expressing Threat Reduction Program or similar resentatives and each committee; (3) each the sense of the Congress regarding U.S. government projects and programs joint committee of the Congress; (4) the Cap- proliferation of missile technology which seek to reduce the threat of pro- itol Guide Service; (5) the Capitol Police; (6) from Russia to Iran. liferation of weapons of mass destruc- the Congressional Budget office; (7) the Of- The committee held a hearing on al- tion, their materials, know-how, as fice of the Architect of the Capitol (includ- leged Russian ballistic missile pro- well as associated means of delivery ing the Senate Restaurants and the Botanic liferation activities with Iran on Octo- currently being conducted. But we need Garden); (8) the Office of the Attending Phy- ber 8, but the committee did not hold a sician; (9) the Office of Compliance; (10) the to be clear that those individuals who specific hearing on Senate Concurrent General Accounting Office; and (11) the Li- proliferate will be penalized with the Resolution 48. The resolution was brary of Congress. tools the U.S. has available. placed on the agenda of the commit- * * * * * Mr. LUGAR. Mr. President, would tee’s business meeting for October 9, the Senator yield? ‘‘§ 1.103 Coverage. 1997. During the business meeting sev- ‘‘The coverage of Section 215 of the CAA Mr. KYL. Mr. President, I would be eral members of the committee raised happy to yield to the Senator from In- extends to any ‘‘covered employee.’’ It also questions about the intent, scope, and extends to any ‘‘covered employing office,’’ diana. which includes any of the following entities implication of the resolution. Desirous Mr. LUGAR. I thank the Senator. I that is responsible for the correction of a of maintaining consensus, I postponed think we both agree that the prolifera- violation of section 215 (as determined under consideration of the resolution until tion of weapons of mass destruction, section 1.106), irrespective of whether the en- the questions were answered. their materials, known-how, as well as tity has an employment relationship with Specifically, questions arose regard- associated means of delivery might any covered employee in any employing of- ing paragraph (2) of section (1) of the very well be the number one national fice in which such a violation occurs: resolution. After consultation, the security threat facing the United ‘‘(1) each office of the Senate, including sponsors and co-sponsors of Senate each office of a Senator and each committee; States. ‘‘(2) each office of the House of Representa- Concurrent Resolution 48 agreed with As the Senator knows, when his reso- tives, including each office of a Member of the committee that the resolution does lution was raised at the Committee on the House of Representatives and each com- not raise, suggest, or recommend reas- Foreign Relations business meeting on mittee; sessment of those programs which are October 9, 1997, I was concerned about ‘‘(3) each joint committee of the Congress; in the national security interests of the meaning of paragraph (2) of section ‘‘(4) the Capitol Guide Service; the United States. Accordingly, in the ‘‘(5) the Capitol Police; (1). Paragraph (2) of section (1) states ‘‘(6) the Congressional Budget Office; committee’s view this interpretation that: ‘‘if the Russian response in inad- ‘‘(7) the Office of the Architect of the Cap- removes from consideration, under this equate’’ to Presidential demands that itol (including the Senate Restaurants and resolution, any ongoing programs and the Russian Government take concrete the Botanic Garden); projects currently being conducted by actions to stop governmental and non- ‘‘(8) the Office of the Attending Physician; the United States which seek to reduce governmental entities from providing ‘‘(9) the Office of Compliance; the threat of the proliferation of weap- ‘‘(10) the General Accounting Office; and ballistic missile technology and tech- ‘‘(11) the Library of Congress.’’. ons of mass destruction, their mate- nical advice to Iran, ‘‘the United 2. CORRECTIONS TO CROSS-REFERENCES.—By rials and know-how, as well as associ- States should impose sanctions on the making the following amendments in Appen- ated means of delivery. The resolution responsible Russian entities in accord- dix A to Part 1900, which is entitled ‘‘Ref- is also not intended to affect coopera- ance with Executive Order 12938 on the erences to Sections of Part 1910, 29 CFR, tive space programs between the Proliferation of Weapons of Mass De- Adopted as Occupational Safety and health United States and Russia. Nor is the Standards Under Section 215(d) of the CAA’’: struction, and reassess cooperative ac- (a) After ‘‘1910.1050 Methylenedianiline.’’ resolution intended to affect humani- tivities with Russia.’’ insert the following: tarian assistance or the programs of I was joined by several colleagues on ‘‘1910.1051 1,3–Butadinene. the National Endowment for Democ- the Foreign Relations Committee who ‘‘1910.1052 Methylene chloride.’’. racy, which promote democracy and were also unsure of the intent of the (b) Strike ‘‘1926.63—Cadmium (This stand- market economic principles. Finally, Senator’s language as well as the defi- ard has been redesignated as 1926.1127).’’ and the committee intends that the respon- insert instead the following: nition of the term ‘‘cooperative activi- ‘‘1926.63 [Reserved]’’. sibility for making the determination ties’’. As the Senator knows, many of (c) Strike ‘‘Subpart L—Scaffolding’’, regarding the adequacy of the Russian our colleagues in Congress and in the ‘‘1926.450 [Reserved]’’, ‘‘1926.451 Scaffolding.’’, response under paragraph (2) lies with executive branch believe that our ongo- ‘‘1926.452 Guardrails, handrails, and covers.’’, the President. ing cooperative efforts with Russia to and ‘‘1926.453 Manually propelled mobile lad- Mr. KYL. Mr. President, over the dismantle, eliminate, destroy, and con- der stands and scaffolds (towers).’’ and insert past few weeks, a series of increasingly vert weapons of mass destruction, their instead the following: troubling reports have been published materials, know-how, as well as associ- ‘‘Subpart L—Scaffolds in the press indicating Iran has nearly ated means of delivery is vital of the ‘‘1926.450 Scope, application, and defini- completed development of two long- national security interests of the tions applicable to this subpart. ‘‘1926.451 General requirements. range missiles that will allow it to United States. In particular, I am ‘‘1926.452 Additional requirements applica- strike targets as far away as central proud of the steps of our Department of ble to specific types of scaffolds. Europe. According to these press re- Defense, Department of Energy and ‘‘1926.453 Aerial lifts. ports, Russian missile assistance has other executive agencies have made in ‘‘1926.454 Training.’’. been the critical factor that has en- reducing the threats to the United (d) Strike ‘‘1926.556 Aerial lifts.’’. (e)Strike ‘‘1926.753 Safety Nets.’’. abled Tehran’s missile program to States from weapons and materials of (f)Strike ‘‘Appendix A to Part 1926—Des- make such rapid progress. mass destruction. ignations for General Industry Standards’’ In order to halt this dangerous trade, I thank the Senator for taking the and insert instead the following: Representative HARMAN and I have in- time to contact me personally and for

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11665 working with me to ensure that this little on meeting the real educational Some parents may choose a private or resolution does not have the unin- needs of our children. specialized education setting for their tended consequence of calling in ques- Mr. President, Michigan does not child. tion these critical national security need Federal programs and Beltway bu- For children attending public school, programs. I believe the Cooperative reaucrats to improve our education parents can use the money for tutoring Threat Reduction Program, the De- system; we need more power in the or transportation costs. For parents of partment of Energy’s Material Protec- hands of our parents. a child with special needs, the money tion Control and Accounting Program, Teachers, principals, and school could be used for tutoring or other per- and others have played and will con- boards also are crucial to educating sonalized services. tinue to play a critical role in serving our children. But we must not forget Put simply, the Coverdell A+ ac- the national security interests of the that every child’s most important, ex- counts bill provides parents with more United States. tensive, and fundamental education options to meet the educational needs Mr. President, I thank the Senator takes place in the home and must be of their children at an early age. And from Arizona. guided by the principles and habits es- this improved education will produce Mr. KYL. Mr. President, I thank the tablished there. better opportunities for their children Senator from Indiana and I assure him Every day parents educate children— throughout their lives. Mr. President, the education savings that I support the Committee’s report helping with homework, looking over account proposal for higher education language which removes from consider- tests, and providing the love and sup- passed Congress overwhelmingly, and ation, under this resolution, any ongo- port that foster successful intellectual, was supported by the President. It is moral, and spiritual growth. No Wash- ing programs and projects which seek simply irrational to oppose the same ington program can provide this nur- to reduce the threat of the prolifera- concept for elementary and secondary tion of weapons of mass destruction, turing. And this makes it our duty to education. their materials, and know-how; as well increase parents’ power and resources For all the reasons Congress sup- as cooperative space programs between as they seek to steer their children to ported investing in higher education, the United States and Russia and the successful and responsible adulthood. Congress must support investing in ele- programs of the National Endowment During the balanced budget debate, mentary and secondary education. for Democracy which promote democ- Congress focused a great deal of atten- Both proposals are based on a sound racy and market economic principles tion on loans and other assistance for principle, that parents should plan for in Russia. higher education. But while the avail- the long-term educational needs of f ability and quality of higher education their children. The Coverdell proposal should be an issue of tremendous con- allows parents to do that from the mo- A+ EDUCATION SAVINGS cern for our Nation, it becomes a moot ACCOUNTS ment their child enters elementary point if children do not receive the edu- school until that child graduates from Mr. ABRAHAM. Mr. President, I rise cation they need in elementary and college. today as a cosponsor of the Coverdell secondary school. In my view, Mr. President, there is A+ education accounts, offered in legis- During consideration of the Taxpayer no reason to oppose A+ accounts on the lation by my colleague the Senator Relief Act last summer, Congress de- grounds that they would provide Fed- from Georgia. This legislation would bated legislation allowing parents to eral support to religious schools. allow parents to contribute up to $2,500 set up an education savings account to Right now, today, Federal funds in per child to an education savings ac- help pay tuition and other expenses at the form of student loan guarantees count, in which it would accrue tax-ex- public or private colleges. and other assistance are helping thou- empt interest that could be used for K– Senator COVERDELL offered an sands of college students attend reli- 12 education expenses. amendment to that provision, allowing gious colleges. I have heard no serious Each year, Mr. President, we are the funds to also be used for K–12 edu- objections to this practice, and I am bombarded with statistics showing cation expenses. This amendment glad for that. that our children are losing ground passed the Senate but, regrettably, was There is no reason to discriminate academically. taken out during conference due to a against students choosing to attend Each year, colleges and universities threatened veto by the President. Catholic University, Notre Dame, Cal- spend millions on remedial education Thankfully, the Senator from Geor- vin College, or any of the many other for children entering their halls with- gia has reintroduced his amendment as fine religious colleges in America. out the basic skills necessary to suc- a free-standing bill. In doing so, he has By the same token, however, there is ceed in their courses. forced Congress to address the critical no sound reason for objecting to stu- Fully 60 percent of our 17-year-olds question of what we can do to support dents and their parents who choose to are not reading at grade level. They are parents as they struggle to provide the attend primary and secondary schools unprepared to take their place in a col- best education possible for their chil- with religious affiliations. Likewise, Mr. President, I see no lege classroom, or in the many skilled dren. basis for the charge that A+ accounts occupations that literally make our Senator COVERDELL’s legislation is will starve our public schools of needed country work. It is painfully clear, in an important step in the right direc- funds. No provision in this legislation my view, that something must be done tion because it provides parents great- will cost public schools so much as one to improve the quality of our K–12 edu- er opportunity to save and invest in thin dime. cation. not only their child’s higher education, Rather, A+ accounts will bring sig- We spend more money per child than but in their child’s elementary and sec- nificant benefits to our public schools. nearly any other industrialized nation. ondary education as well. We should keep in mind, for example, But, tragically, half of American chil- Specifically, the Coverdell A+ ac- that fully 70 percent of the children dren cannot meet minimum standards counts bill expands the use of edu- whose parents will receive benefits in reading and math. cation savings accounts to include ex- under this legislation attend public The problem with our schools is not penses related to elementary and sec- school. The extra help in the form of how much money we are spending on ondary education at public, private, or tutors, computers and other aids that them. It is how that money is being religious schools and homeschools. the children will receive thanks to A+ spent—and even more importantly who Parents may withdraw from the ac- accounts will make them better stu- is deciding how that money will be count to pay for tuition, fees, tutoring, dents and enhance the learning experi- spent. special needs services, books, supplies, ence for all children in those schools. Too many decisions regarding our computer equipment and software, f children’s education are being made by transportation, and supplementary ex- bureaucrats in Washington and too few penses. HONORING THE KIRKS ON THEIR by parents. Thus too much money is This legislation provides parents 50TH WEDDING ANNIVERSARY being spent on bureaucrats and Wash- with a wide variety of opportunities to Mr. ASHCROFT. Mr. President, fami- ington-knows-best regulations, and too supplement their child’s education. lies are the cornerstone of America.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11666 CONGRESSIONAL RECORD — SENATE November 4, 1997 The data are undeniable: Individuals Pursuant to this legal authority, I the Sudanese government the serious- from strong families contribute to the have blocked Sudanese governmental ness of our concern with the situation society. In an era when nearly half of assets in the United States. I have also in that country. It is particularly im- all couples married today will see their prohibited certain transactions, includ- portant to increase pressure on Sudan union dissolve into divorce, I believe it ing the following: (1) the importation to engage seriously during the current is both instructive and important to into the United States of any goods or round of negotiations taking place now honor those who have taken the com- services of Sudanese origin, other than in Nairobi. The sanctions will also de- mitment of ‘‘till death us do part’’ seri- information or informational mate- prive the Sudanese government of the ously, demonstrating successfully the rials; (2) the exportation or reexpor- material and financial benefits of con- timeless principles of love, honor, and tation to Sudan of any nonexempt ducting trade and financial trans- fidelity. These characteristics make goods, technology, or services from the actions with the United States. our country strong. United States; (3) the facilitation by The prohibitions set forth in this For these important reasons, I rise any United States person of the expor- order shall be effective as of 12:01 a.m., today to honor Frankie and Harlan tation or reexportation of goods, tech- eastern standard time, November 4, Kirk of St. Louis, MO, who on Novem- nology, or services from Sudan to any 1997, and shall be transmitted to the ber 15, 1997, will celebrate their 50th destination, or to Sudan from any des- Congress and published in the Federal wedding anniversary. My wife, Janet, tination; (4) the performance by any Register. The Executive order provides and I look forward to the day we can United States person of any contract, 30 days in which to complete trade celebrate a similar milestone. The including a financing contract, in sup- transactions with Sudan covered by Kirks’ commitment to the principles port of an industrial, commercial, pub- contracts that predate the order and and values of their marriage deserves lic utility, or governmental project in the performance of preexisting financ- to be saluted and recognized. Sudan; (5) the grant or extension of ing agreements for those trade initia- f credits or loans by any United States tives. HONORING THE PRICES ON THEIR person to the Government of Sudan; WILLIAM J. CLINTON. 50TH WEDDING ANNIVERSARY and (6) any transaction by any United THE WHITE HOUSE, November 3, 1997. States person relating to transpor- Mr. ASHCROFT. Mr. President, fami- f lies are the cornerstone of America. tation of cargo to, from, or through Sudan, or by Sudanese vessel or air- The data are undeniable: Individuals MESSAGES FROM THE HOUSE from strong families contribute to the craft. society. In an era when nearly half of We intend to license only those ac- ENROLLED BILL SIGNED all couples married today will see their tivities that serve U.S. interests. At 12:38 p.m., a message from the union dissolve into divorce, I believe it Transactions necessary to conduct the House of Representatives, delivered by is both instructive and important to official business of the United States Mr. Hays, one of its reading clerks, an- honor those who have taken the com- Government and the United Nations nounced that the Speaker has signed mitment of ‘‘till death us do part’’ seri- are exempted. This order and subse- the following enrolled bill: ously, demonstrating successfully the quent licenses will allow humanitarian, H.R. 2107. An act making appropriations timeless principles of love, honor, and diplomatic, and journalistic activities for the Department of Interior and related to continue. Other activities may be agencies for the fiscal year ending Sep- fidelity. These characteristics make tember 30, 1998, and for other purposes. our country strong. considered for licensing on a case-by- For these important reasons, I rise case basis based on their merits. We The enrolled bill was signed subse- today to honor Pauline and Larry will continue to permit regulated quently by the President pro tempore Price of St. Louis, MO, who on Novem- transfers of fees and stipends from the [Mr. THURMOND]. Government of Sudan to Sudanese stu- ber 12, 1997, will celebrate their 50th f wedding anniversary. My wife, Janet, dents in the United States. Among the other activities we may consider li- and I look forward to the day we can PETITIONS AND MEMORIALS celebrate a similar milestone. The censing are those permitting American The following petitions and memo- Prices’ commitment to the principles citizens resident in Sudan to make rials were laid before the Senate and and values of their marriage deserves payments for their routine living ex- were referred or ordered to lie on the to be saluted and recognized. penses, including taxes and utilities; table as indicated. f the importation of certain products un- available from other sources, such as POM–296. A resolution adopted by the MESSAGES FROM THE PRESIDENT gum arabic; and products to ensure ci- Council of the City of Warren, Michigan rel- vilian aircraft safety. ative to global climate change; to the Com- I have decided to impose comprehen- mittee on Environment and Public Works. REPORT OF THE EXECUTIVE POM–297. A resolution adopted by the ORDER BLOCKING SUDANESE sive sanctions in response to the Suda- Commissioners of Benton County, Iowa rel- GOVERNMENT PROPERTY AND nese government’s continued provision ative to the English language; to the Com- PROHIBITING TRANSACTIONS of sanctuary and support for terrorist mittee on Governmental Affairs. WITH SUDAN—MESSAGE FROM groups, its sponsorship of regional POM–298. A petition from a citizen of the THE PRESIDENT—PM 79 insurgencies that threaten neighboring State of Texas relative to the Twenty-Sev- governments friendly to the United enth Amendment to the U.S. Constitution; The PRESIDING OFFICER laid be- to the Committee on the Judiciary. fore the Senate the following message States, its continued prosecution of a from the President of the United devastating civil war, and its abysmal f States, together with an accompanying human rights record that includes the report; which was referred to the Com- denial of religious freedom and inad- REPORTS OF COMMITTEES mittee on Banking, Housing, and equate steps to eradicate slavery in the The following reports of committees Urban Affairs: country. The behavior of the Sudanese govern- were submitted: To the Congress of the United States: ment directly threatens stability in By Mr. CHAFEE, from the Committee on Pursuant to section 204(b) of the Environment and Public Works, with an the region and poses a direct threat to amendment in the nature of a substitute: International Emergency Economic the people and interests of the United S. 1219. A bill to require the establishment Powers Act, 50 U.S.C. 1703(b), I hereby States. Only a fundamental change in of a research and grant program for the report to the Congress that I have exer- Sudan’s policies will enhance the peace eradication or control of Pfiesteria pisicicida cised my statutory authority to de- and security of people in the United and other aquatic toxins (Rept. No. 105–132). clare that the policies of the Govern- States, Sudan, and around the world. By Mr. MURKOWSKI, from the Committee ment of Sudan constitute an unusual My Administration will continue to on Energy and Natural Resources, without and extraordinary threat to the na- amendment: work with the Congress to develop the H.R. 651. A bill to extend the deadline tional security and foreign policy of most effective policies in this regard. under the Federal Power Act for the con- the United States and to declare a na- The above-described measures, many struction of a hydroelectric project located tional emergency to deal with the of which reflect congressional con- in the State of Washington, and for other threat. cerns, will immediately demonstrate to purposes (Rept. No. 105–133).

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11667

H.R. 652. A bill to extend the deadline IN THE COAST GUARD Bruce E. Graham, 1599 under the Federal Power Act for the con- The following-named individual for ap- Lamberto D. Sazon, 2681 struction of a hydroelectric project located pointment as a permanent regular officer in Henry D. Kocevar, 1869 in the State of Washington, and for other the United States Coast Guard in the grade Bruce D. Henson, 6391 purposes (Rept. No. 105–134). indicated under title 14, U.S. Code, section Sean A. McBrearty, 1878 H.R. 848. A bill to extend the deadline 211: Robert C. Wilson, 9887 under the Federal Power Act applicable to Gary L. Bruce, 9690 the construction of the AuSable Hydro- To be lieutenant (junior grade) Jim L. Munro, 7204 electric Project in New York, and for other Whitney L. Yelle, 6516 Kevin P. Frost, 8805 purposes (Rept. No. 105–135). The following-named officers for appoint- Robert D. Kirk, 4164 H.R. 1184. A bill to extend the deadline ment to the grade indicated in the U.S. William L. Stinehour, 6022 under the Federal Power Act for the con- Coast Guard under title 14, United States Scott B. Varco, 9386 struction of the Bear Creek hydroelectric Code, section 271: Dawayne R. Penberthy, 6652 project in the State of Washington, and for To be lieutenant commander Keith R. Bills, 8588 other purposes (Rept. No. 105–136). Thomas Flora, 1977 Richard K. Woolford, 7374 H.R. 1217. A bill to extend the deadline Alfredo T. Soriano, 3245 Timothy A. Orner, 9409 under the Federal Power Act for the con- Douglas M. Gordon, 0133 William E. Thompson, 5963 struction of a hydroelectric project located James D. Jenklns, 5482 Allen B. Cleveland, 5661 in the State of Washington, and for other Larry D. Bowling, 8411 Timothy M. Fitzpatrick, 1834 purposes (Rept. No. 105–137). Drew J. Trousdell, 8260 Michael J. Kelly, 6895 By Mr. MURKOWSKI, from the Committee Scott W. Bornemann, 8846 Peter W. Seaman, 3947 on Energy and Natural Resources, with an Paul A. Titcombe, 8636 William P. Green, 4602 amendment in the nature of a substitute: William M. Drelling, 2198 John R. Turley, 8780 H.R. 858. A bill to direct the Secretary of Kristin A. Williams, 5974 Markus D. Dausses, 4313 Agriculture to conduct a pilot project on John E. Hurst, 6443 John L. Bragaw, 3661 designated lands within Plumas, Lassen, and Kevin D. Camp, 6677 Tahoe National Forests in the State of Cali- Glenn L. Gebele, 4212 Steven W. Poore, 5565 fornia to demonstrate the effectiveness of Michael S. Sabellico, 8701 Arthur R. Thomas, 4799 the resource management activities pro- Laura H. O’Hare, 6357 Thomas E. Cafferty, 6049 posed by the Quincy Library Group and to Susan K. Vukovich, 5076 Jeffrey A. Reeves, 2042 amend current land and resource manage- Craig O. Fowler, 3715 Ronald L. Hensel, 9354 ment plans for these national forests to con- Daniel S. Cramer, 3202 Marc P. Lebeau, 7776 sider the incorporation of these resource John J. Metcalf, 4539 Barry O. Arnold, 5817 management activities (Rept. No. 105–138). Steven J. Reynolds, 9836 Samuel Short, 7633 By Mr. HELMS, from the Committee on Sean M. Mahoney, 1321 Gary E. Bracken, 7885 Foreign Relations, with an amendment in Kevin J. McKenna, 1964 David C. Hartt, 7003 the nature of a substitute and an amendment Christopher E. Alexander, 5686 Richard T. Gatlin, 3552 to the title: James W. Sebastian, 9852 Joseph P. Kelly, 5257 S. 759. A bill to provide for an annual re- Han Kim, 8423 Eric V. Walters, 6027 port to Congress concerning diplomatic im- Phyllis E. Blanton, 3093 Corey J. Jones, 7371 munity. Andrew C. Palmiotto, 5986 Michael J. Bosley, 7625 By Mr. CHAFEE, from the Committee on Matthew K. Creelman, 5359 Roger R. Laferriere, 6326 Environment and Public Works, with an Caleb Corson, 9543 John G. Keeton, 9728 amendment: Marc H. Nguyen, 3884 Robert S. Young, 5588 S. 1258. A bill to amend the Uniform Relo- Cynthia L. Stowe, 7198 John J. Dolan, 7454 cation Assistance and Real Property Acqui- Charles Jennings, 1640 Alan W. Carver, 4858 sition Policies Act of 1970 to prohibit an Mary J. Sohlberg, 2583 Leonard C. Greig, 6456 alien who is not lawfully present in the John F. Maloney, 3275 David A. Walker, 2710 United States from receiving assistance Craig T. Hoskins, 3608 David L. Hartley, 7876 under that Act. James P. McLeod, 2174 Michael A. Megan, 3989 By Mr. HELMS, from the Committee on Raymond D. Hunt, 2465 William J. Boeh, 3490 Foreign Relations, without amendment and Kenneth V. Fordham, 7677 Stewart M. Dietrick, 7750 with a preamble: Jon S. Kellams, 7003 Thomas Tardibuono, 7928 S. Con. Res. 48. Concurrent resolution ex- Keith M. Smith, 5923 John E. Souza, 8253 pressing the sense of the Congress regarding Donna L. Cottrell, 3421 Timothy J. Heitsch, 1634 proliferation of missile technology from Rus- James W. Crowe, 1207 Julie A. Gahn, 4521 sia to Iran. Peter D. Conley, 7522 Donald E. Culkin, 4485 S. Con. Res. 58. Concurrent resolution ex- Kelly L. Kachele, 6708 Byron L. Black, 7990 pressing the sense of Congress over Russia’s Scott A. Buttrick, 5681 James E. Hanzalik, 0191 newly passed religion law. Janet R. Florey, 8250 Kurt A. Sebastian, 8559 f Melissa A. Bulkley, 2351 Gregory J. Sanial, 8158 EXECUTIVE REPORTS OF James H. Whitehead, 0654 Frank R. Parker, 4486 William R. Kelly, 6357 John A. Healy, 9902 COMMITTEES Jason Lyuke, 0055 Tina L. Burke, 2896 The following executive reports of John M. Danaher, 2841 John D. Wood, 6878 committees were submitted: John E. Boris, 1322 Jan M. Johnson, 7441 By Mr. McCain, from the Committee on Mark D. Berkeley, 7271 Timothy G. Stueve, 8573 Commerce, Science, and Transportation: Richard A. Sandoval, 8247 Keith A. Russell, 1052 Duncan T. Moore, of New York to be an As- Charles M. Greene, 6480 John F. Moriarty, 5799 sociate Director of the Office of Science and Brian P. Hall, 4972 Michael P. Ryan, 2670 Technology Policy. Eric P. Christensen, 7911 John B. Sullivan, 1035 Arthur Bienenstock, of California, to be an Ronald J. Haas, 3994 Larry R. Kennedy, 7449 Associate Director of the Office of Science Mark D. Wallace, 5429 Robert P. Hayes, 2250 and Technology Policy. Matthew C. Stanley, 7668 Stuart L. Lebruska, 7101 Raymond G. Kammer, of Maryland, to be Frank G. DeLeon, 6529 Christopher J. Meade, 9834 Director of the National Institute of Stand- Rod D. Lubasky, 9808 Charles A. Richards, 8949 ards and Technology. Darcy D. Guyant, 1335 Donald Jillson, 8089 Terry D. Garcia, of California, to be Assist- Perry S. Huey, 7794 Charles E. Rawson, 3411 ant Secretary of Commerce for Oceans and Donald F. Potter, 4090 Janet E. Stevens, 6512 Atmosphere. Kevin M. Balderson, 0693 Cirristopher D. Nichols, 1626 (The above nominations were re- Patrick Flynn, 2133 Joel D. Slotten, 7105 ported with the recommendation that Wayne A. Stacey, 8485 Dominic Dibari, 1055 they be confirmed, subject to the nomi- Patrick G. McLaughlin, 5268 Stephen P. Czerwonka, 3738 Wayne C. Conner, 1137 Kurt C. O’Brien, 0534 nees’ commitment to respond to re- Jeffrey S. Phelps, 3423 Robert T. McCarty, 6264 quests to appear and testify before any Michael G. Bloom, 4211 Kevin P. Freeman, 9325 duly constituted committee of the Sen- Roger D. Mason, 5022 Joel D. Dolbeck, 5478 ate.) Michael W. Duggan, 1775 Richard D. Fontana, 5960

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11668 CONGRESSIONAL RECORD — SENATE November 4, 1997 Sean M. Burke, 2944 Thurman T. Maine, 8652 Contributions, amount, date, and donee: Edgars A. Auzenbergs, 1579 Craig A. Petersen, 8689 1. Self: none. Joel D. Magnussen, 3176 Robert I. Griffin, 2267 2. Spouse: Wendy J. Walker, none. Michael J. Lopez, 3878 Donald R. Ling, 9189 3. Children: Kathryn E. Walker and Chris- Thomas F. Ryan, 5351 Jeffrey S. Hudkins, 3961 topher J. Walker, none. Alan N. Arsenault, 3958 Mark J. Gandolfo, 4285 4. Parents: Deceased. Peter N. Decola, 8972 Dirk A. Greene, 7181 5. Grandparents: Deceased. Thomas G. Nelson, 0329 David J. Rokes, 2696 6. Brothers: None. James Carlson, 2414 Todd A. Tschannen, 7318 7. Sisters: Josephine F. Walker, none. Philip J. Skowronek, 1126 Michael R. Olson, 1914 Alexander R. Vershbow, of the District of Columbia, a Career Member of the Senior Pat Dequattro, 4688 (The above nominations were re- David M. Dermanelian, 8757 Foreign Service, Class of Minister-Counselor, Austin J. Gould, 2015 ported with the recommendation that to be United States Permanent Representa- Stephen M. Sabellico, 8642 they be confirmed.) tive on the Council of the North Atlantic Andy J. Fordham, 8207 By Mr. SPECTER, from the Committee on Treaty Organization, with the rank and sta- Scott D. Pisel, 1756 Veterans’ Affairs: tus of Ambassador Extraordinary and Pleni- Laurence J. Prevost, 2308 William P. Greene, Jr., of West Virginia, to potentiary. Joseph M. Pesci, 4592 be an Associate Judge of the U.S. Court of Nominee: Alexander R. Vershbow. Charles L. Cashin, 9267 Veterans Appeals for the term of fifteen Post: U.S. Ambassador to NATO. Jesse K. Moore, 1449 years. The following is a list of all members of Glenn M. Sulmasy, 3347 Richard J. Griffin, of Illinois, to be Inspec- my immediate family and their spouses. I Matthew J. Zamary, 0480 tor General, Department of Veterans Affairs. have asked each of these persons to inform Anthony S. Lloyd, 1217 Joseph Thompson, of New York, to be me of the pertinent contributions made by Kirk A. Bartnik, 8918 Under Secretary for Benefits of the Depart- them. To the best of my knowledge, the in- William J. Wolter, 8350 ment of Veterans Affairs. formation contained in this report is com- Francis E. Genco, 1716 Espiridion A. Borrego, of Texas, to be As- plete and accurate. David P. Crowley, 4708 sistant Secretary of Labor for Veterans’ Em- Contributions, amount, date, and donee: Joseph F. Hester, 5624 ployment and Training. 1. Self, none. 2. Spouse, $35, 1993, Dem. Nat’l Committee. John C. Rendon, 9496 (The above nominations were re- Charles S. Camp, 1661 3. Children and spouses names, Benjamin, William R. Meese, 8432 ported with the recommendation that Gregory, none. Michael P. Carosotto, 3938 they be confirmed, subject to the nomi- 4. Parents names, Arthur E. Vershbow, Steven A. Banks, 3620 nees’ commitment to respond to re- Charlotte Z. Vershbow, $15, 1994, Sen. John Joseph E. Manjone, 5020 quests to appear and testify before any Kerry. Timothy F. Pettek, 6421 duly constituted committee of the Sen- 5. Grandparents names, deceased. Keith T. Whiteman, 0595 ate.) 6. Brothers and spouses names (no broth- James E. Scheye, 6147 ers), N/A. By Mr. D’AMATO, from the Committee on Joseph E. Balda, 0358 7. Sisters and spouses names, Ann R. Banking, Housing, and Urban Affairs: James R. Olive, 4453 Vershbow, Charles Beitz, $100, 8/94, Tom An- Kevin Emanuel Marchman, of Colorado, to James Tabor, 0332 drews; $100, 4/96, Tom Allen; $100, 7/96, Tom be an Assistant Secretary of Housing and Gary A. Charbonneau, 9620 Allen; (all 3 U.S. Congressional Candidates— Urban Development. Edward J. Cubanski, 5911 Maine). Saul N. Ramirez, Jr., of Texas, to be an As- Eric G. Johnson, 8984 Patrick J. McGuire, 0839 sistant Secretary of Housing and Urban De- William H. Twaddell, of Rhode Island, a Bradford Clark, 0448 velopment. Career Member of the Senior Foreign Serv- Joseph J. Losciuto, 1557 Jo Ann Jay Howard, of Texas, to be Fed- ice, Class of Minister-Counselor, to be Am- Victoria A. Huyck, 2775 eral Insurance Administrator, Federal Emer- bassador Extraordinary and Plenipotentiary Romualdo Domingo, 8070 gency Management Agency. of the United States of America to the Fed- Cameron T. Naron, 9727 Richard F. Keevey, of Virginia, to be Chief eral Republic of Nigeria. Jason A. Fosdick, 1569 Financial Officer, Department of Housing Nominee: William H. Twaddell. Adam J. Shaw, 8486 and Urban Development. Post: Nigeria. Ian Liu, 2246 Eva M. Plaza, of Maryland, to be an Assist- The following is a list of all members of Patrick Foley, 6448 ant Secretary of Housing and Urban Develop- my immediate family and their spouses. I Basil F. Brown, 9721 ment. have asked each of these persons to inform George M. Zeitler, 9546 F. Amanda DeBush, of Maryland, to be an me of the pertinent contributions made by Christian J. Herzberger, 3083 Assistant Secretary of Commerce. them. To the best of my knowledge, the in- Robert F. Olson, 7556 Gail W. Laster, of New York, to be General formation contained in this report is com- Michael Z. Ernesto, 4427 Counsel of the Department of Housing and plete and accurate. Mitchell C. Ekstrom, 8953 Urban Development. Contributions, amount, date, and donee: Michael D. Callahan, 7181 R. Roger Majak, of Virginia, to be an As- 1. Self, nil. Robert E. Styron, 6449 sistant Secretary of Commerce. 2. Spouse, Susan Hardy, nil. Douglas M. Ruhde, 4912 David L. Aaron, of New York, to be Under 3. Children and spouses names, W. Darwyn A. Wilmoth, 5464 Secretary of Commerce for International Sanderson Twaddell, Ellen J. Twaddell, nil. Steven M. Sheridan, 9866 Trade. 4. Parents names, Helen J. Twaddell, nil. James B. Nicholson, 0642 (The above nominations were re- 5. Grandparents names, N/A. Joseph L. Duffy, 4813 ported with the recommendation that 6. Brothers and spouses names, James and Robert A. Laahs, 3670 Mandy Twaddell, Steven and Pye Twaddell, they be confirmed, subject to the nomi- nil. Cedric A. Hughes, 6254 nees’ commitment to respond to re- Carmen T. Lapkiewicz, 6240 7. Sisters and spouses names, N/A. Glena T. Sanchez, 8906 quests to appear and testify before any Roderick D. Davis, 3556 duly constituted committee of the Sen- Peter Francis Tufo, of New York, to be Brian K. Gove, 6433 ate.) Ambassador Extraordinary and Pleni- Russell C. Proctor, 5358 By Mr. HELMS, from the Committee on potentiary of the United States of America Gerardo Morgan, 2320 Foreign Relations: to the Republic of Hungary. David S. Fish, 7202 Edward S. Walker, Jr., of Maryland, a Ca- Nominee: Peter F. Tufo. Kevin C. Burke, 5766 reer Member of the Senior Foreign Service, Post: Ambassador to Hungary. The following is a list of all members of Michael A. Jendrossek, 8874 Class of Career Minister, to be Ambassador my immediate family and their spouses. I Tony C. Clark, 3835 Extraordinary and Plenipotentiary of the have asked each of these persons to inform Robert D. Phillips, 1678 United States of America to Israel. Steven R. Sator, 3408 Nominee: Edward S. Walker, Jr. me of the pertinent contributions made by Theodore R. Salmon, 7543 Post: Ambassador to Israel. them. To the best of my knowledge, the in- Jason L. Tengan, 0784 The following is a list of all members of formation contained in this report is com- Mark S. Ryan, 7592 my immediate family and their spouses. I plete and accurate. Robert J. Greve, 2511 have asked each of these persons to inform Contributions, amount, date, and donee: 1. Self: Peter M. Kilfoyle, 8179 me of the pertinent contributions made by Brian K. Moore, 4779 them. To the best of my knowledge, the in- 1993: William F. Adickes, 8017 formation contained in this report is com- Bob Kerry for U.S. Senate Com- Mark J. Wilbert, 0179 plete and accurate. mittee (D. NE) ...... $500

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0655 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11669 1994: The following is a list of all members of Party Federal Account; $5,000, 1/21/97, Demo- Moynihan for Senate (D. NY) ...... 1,000 my immediate family and their spouses. I cratic Senatorial Campaign Comm. Democratic National Committee ... 6,000 have asked each of these persons to inform 2. Spouse (former), Paul W. Haycock. 1995: me of the pertinent contributions made by I was divorced in February of 1994. I cannot Friends of Senator Carl Levin ...... 500 them. To the best of my knowledge, the in- respond with certainty regarding contribu- A Lot of People Supporting Tom formation contained in this report is com- tions made by my former spouse. Daschle (D. SD) ...... 1,000 plete and accurate. 3. Children and Spouses, Korbin Haycock, Friends of Schumer (D. NY) ...... 1,000 Contributions, amount, date, and donee: None; Hollie Haycock, None; Garron Democratic National Committee ... 10,000 1. Self: $250, 5/19/93, Kaptur for Congress; Haycock, None; Rachelle Haycock, None. Clinton for President ...... 1,000 $350, 9/14/93, Democratic State Central Com- 4. Parents, Phyllis Douglas (mother), Emilys List ...... 500 mittee of Maryland; $1,000, 5/25/94, Friends of $1,000, 8/16/95, Clinton/Gore 1996 Primary 1996: Tom Andrews; $250, 6/2/93, Mike Synar for Committee; Gary Douglas (step-father), Torricelli for U.S. Senate (D. NJ) ... 1,000 Congress; $250, 6/20/94, Mike Synar for Con- $1,000, 8/16/95, Clinton/Gore 1996 Primary Friends of Tom Strickland (D. CO) 1,000 gress; $250, 8/11/94, Robb for the Senate; $300, Committee. 5. Grandparents, Leslie Gloyd Hall, De- Friends of Carolyn McCarthy (D. 10/4/94, New Mexicans for Bill Richardson; ceased; Rhea Hall, Deceased; Thelma NY) ...... 1,000 $750, 10/24/94, Larocco for Congress; $250, 10/2/ Proffitt, Deceased; David Proffitt, Deceased. Rangel National Leadership PAC 95, Friends of John Conyers; $250, 11/10/95, 6. Brothers and Spouses, Francis Proffitt, (D. NY) ...... 1,000 Friends of Sen. Carl Levin; $500, 11/21/95, None; Janet Proffitt (spouse), None; Wesley Italian American Democratic Lead- Defazio for Senate; Proffitt, None; Rolanda Proffitt (spouse), ership Council ...... 1,000 $250, 11/18/95, Karen McCarthy for Congress; None. Democratic National Committee ... 30,000 $250, 7/18/95, Democratic State Central Com- 7. Sisters and Spouses, None. 1997: mittee of Maryland; $1,000, 11/10/95, Torricelli Joseph A. Presel, of Rhode Island, a Career Friends of Chris Dodd for Senate for U.S. Senate; $1,000, 3/18/96, Italian Amer- Member of the Senior Foreign Service, Class (D. CT) ...... 1,000 ican Democratic Leadership Council; $250, 8/ of Minister-Counselor, to be Ambassador Ex- Daschle for Senate (D. SD) ...... 1,000 14/96, Cummings for Congress; $250, 9/27/96, traordinary and Plenipotentiary of the 2. Spouse, Francesca S. Tufo, $1,000, 11/95, Karen McCarthy for Congress; $1,000, 6/22/95, United States of America to the Republic of Clinton for President; $1,000, 2/97, Dodd for Clinton Gore ’96 Primary Committee; $250, Uzbekistan. Senate. 10/26/95, Friends of Dick Durbin; $500, 8/7/95, Nominee: Joseph A. Presel. Leahy for U.S. Senate; $250, 1/5/96, Sherman Post: Ambassador to Uzebekistan. 3. Children and spouses names, Serena S. The following is a list of all members of Tufo, Peter S. Tufo, none. for Congress; $1,000, 7/30/96, Paolino for Con- gress; my immediate family and their spouses. I 4. Parents names, Lee S. Tufo, none; Gus- have asked each of these persons to inform tave F. Tufo (deceased). $500, 9/19/96, Hoyer for Congress; $5,000, 8/21/ 96, Democratic National Committee; $600, 9/4/ me of the pertinent contributions made by 5. Grandparents names, none. them. To the best of my knowledge, the in- 6. Brothers and spouses names, none. 96, Democratic National Committee; $500, 9/ 14/96, Sherman for Congress; $1,000, 9/13/96, formation contained in this report is com- 7. Sisters and spouses names, none. plete and accurate. Brenda Schoonover, of Maryland, a Career Democratic Congressional Campaign Com- mittee; $500, 8/7/96, Citizens for Harkin; $250, Contributions, amount, date, and donee. Member of the Senior Foreign Service, Class 1. Self, Joseph Presel, $50, 7/29/96, Porter for of Counselor, to be Ambassador Extraor- 10/10/96, Friends of John LaFalce; $500, 8/21/96, Clinton-Gore ’96 General Election Legal and Congress. dinary and Plenipotentiary of the United 2. Spouse, Claire-Lise Presel, none. States of America to the Republic of Togo. Accounting Compliance; $500, 12/18/96, Leahy 3. Children and Spouses names, no chil- Nominee: Brenda Brown Schoonover. for U.S. Senator; $1,000, 1/24/97, Italian Amer- dren. Post: Ambassador, Republic of Togo. ican Democratic Leadership Council; and 4. Parents names, Howard Presel, deceased; The following is a list of all members of $500, 4/4/97, Hoyer for Congress. Marie Roitman Presel, deceased. my immediate family and their spouses. I 2. Spouse, Sheilah A. Kast, none. 5. Grandparents names, Barnet Roitman, 3. Children and spouses, none. have asked each of these persons to inform Kate Roitman, Joseph Presel, Esther Presel, 4. Parents, Joseph S. Rosapepe, deceased; me of the pertinent contributions made by all deceased. Dorothy Carew Rosapepe, deceased. them. To the best of my knowledge, the in- 6. Brothers and spouses names, no broth- 5. Grandparents, George Carew, deceased; formation contained in this report is com- ers. Dora Carew, deceased; Attilio Rosapepe, de- plete and accurate. 7. Sisters and spouses names, no sisters. ceased; Rebecca Rosapepe, deceased. Steven Karl Pifer, of California, a Career Contributions, amount, date, and donee: 6. Brothers and spouses, none. Member of the Senior Foreign Service, Class 1. Self, none. 7. Sisters and spouses names, Dorothy C.R. of Counselor, to be Ambassador Extraor- 2. Spouse, none. Bodwell, Douglas F. Bodwell, none. dinary and Plenipotentiary of the United 3. Children and spouses names, none. States of America to Ukraine. 4. Parents names, none. Kathryn Linda Haycock Proffitt, of Ari- Nominee: Steven Karl Pifer. 5. Grandparents names, NA. zona, to be Ambassador Extraordinary and Post: Ambassador to Ukraine. 6. Brothers and spouses names, none. Plenipotentiary of the United States of The following is a list of all members of 7. Sisters and spouses names, none. America to the Republic of Malta. my immediate family and their spouses. I Nominee: Kathryn Linda Haycock Proffitt. have asked each of these persons to inform Lange Schermerhorn, of New Jersey, a Ca- Post: U.S. Ambassador to Malta. me of the pertinent contributions made by reer Member of the Senior Foreign Service, The following is a list of all members of them. To the best of my knowledge, the in- Class of Counselor, to be Ambassador Ex- my immediate family and their spouses. I formation contained in this report is com- traordinary and Plenipotentiary of the have asked each of these persons to inform plete and accurate. United States of America to the Republic of me of the pertinent contributions made by Contributions, amount, date and donee. Djibouti. them. To the best of my knowledge, the in- 1. Self, none. Nominee: Lange Schermerhorn. formation contained in this report is com- 2. Spouse, Marilyn Pifer, none. Post: Djibouti. 3. Child, Christine Pifer, none. plete and accurate. 4. Father, John Pifer, $19,93, 2/93, Jon Kyle The following is a list of all members of Contributions, amount, date and donee. Reelection Committee; $50.00, 5/93, Friends of my immediate family and their spouses. I 1. Self, $450, 6/19/92, McCain Re-election Jon Kyle; $40.00, 9/93, Friends of Jon Kyle; have asked each of these persons to inform Committee; $400, 7/29/92, McCain Re-election $2,000.00, 6/96, Republican Senatorial Inner me of the pertinent contributions made by Committee; $250, 9/15/92, Kolbe ’92; $250, 9/11/ Circle; $500.00, 5/97, McCain for Senate; them. To the best of my knowledge, the in- 92, Pastor for Arizona; $125, 10/25/92, Repub- $1,000.00, 9/93, Pacific Legal Foundation; formation contained in this report is com- lican National Committee—Victory ’92; $250, $1,000.00, 9/94, Pacific Legal Foundation; plete and accurate. 1/13/94, Friends of Jim Cooper; $125, 5/22/94, $1,000.00, 12/95, Pacific Legal Foundation; Contributions, amount, date, and donee: National Republican Congressional Com- $1,000.00, 12/96, Pacific Legal Foundation; 1. Self, none. mittee; $1,000, 12/5/94, Citizens Committee for Mother, Norma Pifer, none; Stepmother, 2. Spouse, none. Ernest F. Hollings; $1,000, 8/8/95, Clinton/Gore Stacy Pifer, none; Former stepmother, 3. Children and spouses, none. 1996 Primary Committee; $10,000, 11/21/95, Yvonne Pifer, none. 4. Parents names, none. Democratic National Committee; $5,000, 12/7/ 5. Grandparents, Marguerite Clark, de- 5. Grandparents, none. 95, Democratic Party of Oregon; $1,000, 12/29/ ceased; Oscar Smith, deceased; Althea Pifer, 6. Brothers and spouses names, none. 95, Steve Owens for Congress—Primary; deceased; John Carl Pifer, deceased. 7. Sisters and spouses names, none. $1,000, 12/29/95, Steve Owens for Congress— 6. Brother, Kevin Pifer, none; Stepbrother, General; $500, 3/21/96, New Mexicans for Bill Hugo Olliphant, none. James Carew Rosapepe, of Maryland, to be Richardson; $500, 3/27/96, Tim Johnson for 7. Stepsister, Sandi Pifer, none. Ambassador Extraordinary and Pleni- Senate; $1,000, 8/13/96, Clinton/Gore Election Lyndon Lowell Olson, Jr., of Texas, to be potentiary of the United States of America Legal & Accounting; $5,000, 8/16/96, Birthday Ambassador Extraordinary and Pleni- to Romania. Victory Fund; $500, 10/7/96, Henry for Con- potentiary of the United States of America Nominee: James C. Rosapepe. gress; $1,000, 10/22/96, Arizona Democratic to Sweden.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11670 CONGRESSIONAL RECORD — SENATE November 4, 1997 Nominee: Lyndon Lowell Olson, Jr. wards; $250, 4/16/95, Chet Edwards; $250, 7/17/ (The following is a list of all members of Post: U.S. Ambassador to Sweden. 95, Chet Edwards; $250, 11/20/95, Chet Ed- my immediate family and their spouses. I The following is a list of all members of wards; $1,000, 5/15/95, Citizens for Joe Ken- have asked each of these persons to inform my immediate family and their spouses. I nedy; $1,000, 4/26/93, Citizens for Joe Kennedy; me of the pertinent contributions made by have asked each of these persons to inform $1,000, 3/26/92 Clinton for President; $1,000, 12/ them. To the best of my knowledge, the in- me of the pertinent contributions made by 17/92, Senator Lloyd Bentsen Campaign. Kris- formation contained in this report is com- them. To the best of my knowledge, the in- tine K. Olson, none. plete and accurate.) formation contained in this report is com- 7. Sisters and spouses names, none. Nominee: Stanley Louis McLelland. plete and accurate. George Edward Moose, of Maryland, a Ca- Post: Ambassador. Contributions, amount, date, and donee. reer Member of the Senior Foreign Service, Contributions, amount, date, and donee: 1. Self, Lyndon Lowell Olson, Jr., $1,000, 4/ Class of Career Minister, to be Representa- 1. Self, see attached schedule. 8/97, Ken Bentsen for Congress; $1,000, 3/4/97, tive of the United States of America to the 2. Spouse, not married. Gene Green Election Fund; $1,000, 3/10/97, European Office of the United Nations, with 3. Children and spouses, I do not have any Friends of Patrick Kennedy; $1,000, 3/13/97, the rank of Ambassador. children. New Democratic Network; $10,000, 2/20/97, Nominee: George E. Moose. 4. Parents names, Roberta Lois Chaudoin Democratic Senatorial Campaign Com- Post: Representative of the United States McLelland, none; Ralph Ervin McLelland, mittee; $1,000, 2/19/97, Citizens for Joe Ken- to the European Office of the United Na- deceased. nedy; $1,000, 7/1/96, Martin Frost Campaign tions. 5. Grandparents names, all grandparents Committee; $1,000, 7/2/96, Bruggere for Sen- The following is a list of all members of have been deceased for over 15 years. ate; $1,000, 8/26/96, Weiland for Congress; my immediate family and their spouses. I 6. Brothers and spouses names, Gerald R. $1,000, 9/5/96, Chas. Stenholm for Congress; have asked each of these persons to inform McLelland, none; Sue McLelland, none. $1,000, 9/26/96, Pat Frank for Congress; $2,000 me of the pertinent contributions made by 7. Sisters and spouses names, Martha L. 12/13/96, Tom Daschle (Primary & General); them. To the best of my knowledge, the in- McLelland Stenseng, none; Vern Stenseng, $1,000, 7/12/96, Chet Edwards for Congress; formation contained in this report is com- none. $1,000, 1/9/96, Friends of Senator Rockefeller; plete and accurate. ATTACHMENT TO FEDERAL CAMPAIGN $1,000, 7/18/96, Rangel Victory Fund; $1,000, 3/ Contributions, amount, date, and donee. CONTRIBUTION REPORT 19/96, Tom Strickland; $1,000, 4/11/96, Sanders 1. Self, none. Nominee: Stanley Louis McLelland. 2. Spouse, none. for Senate; $1,000, 6/12/96, Torricelli for Sen- Social Sec. No.: 000–00–0000. 3. Children and spouses names, none. ate; $1,000, 12/5/96, Nick Lampson Campaign; Post: Ambassador. 4. Parents names, Ellen McCloud Moose, $1,000, 9/25/95, Clinton/Gore ‘96 Primary Com- Contributions, amount, date, recipient: 1997, Democratic Congressional Committee, mittee; $1,000, 4/19/95, Edwards for Congress; Self, $10,000, 05/14/97, Dem. Senatorial Cam- $50.00. 1996, Democratic National Committee, $1,000, 12/18/95, Odom U.S. Senate Campaign; paign Comm. $900.00; Democratic Congressional Com- $1,000, 3/22/95, Citizens for Harkin; $1,000, 8/24/ Self, $1,000, 05/09/97, Kay Bailey Hutchison. mittee, $140.00; Democratic Senatorial Com- 95, Friends of Carl Levin; $1,000, 5/5/95, Citi- Self, $1,000, 03/25/97, Friends of Chris Dodd. mittee, $135.00; Democrats 2000, $100.00; Clin- zens for Joe Kennedy; $1,000, 4/15/95, Kerry for Self (in-kind), $1,000, 03/25/97, Friends of ton-Gore GELAC, $400.00; National Comm. Senate; $1,000, 9/11/95, Ben Nelson for Senate; Chris Dodd. for an Elected Congress, $70.00; Colorado $1,000, 12/28/95, Maloney for Congress; $1,000, Self, $500, 02/20/97, Citizens for Joe Ken- Democratic Party, $720.00. 1995, Democratic 3/7/94, Cooper for Senate; $1,000, 10/3/94, Ken nedy. National Committee, $220.00; Clinton—Amer- Bentsen for Congress; $1,000, 3/28/94, Harris Self, $10,000, 02/14/97, Dem. Senatorial Cam- ica’s Future Fund, $300.00; Democratic Sen- Wofford; $1,000, 1/19/94, Craig Washington; paign Comm. atorial Committee, $170.00; Clinton-Gore Pri- $1,000, 2/24/94, Mike Andrews Campaign Com- Self, $2,000, 12/19/96, Tom Daschle Com- mary Committee, $100.00. 1994, Clinton— mittee; $1,000, 3/11/94, Jerry Nadler for Con- mittee. America’s Future Fund, $100.00; Democratic gress; $1,000, 4/11/94, Fisher for Senate; $2,500, Self, $500, 11/21/96, Nick Lampson for Con- National Committee, $420.00; Democratic 9/5/94, Effective Government Committee; gress. Senatorial Committee, $70.00. 1993, Esti- $1,000, 10/7/94, Earl Pomeroy for Congress; Self, $1,000, 11/21/96, Ken Bentsen for Con- mated contributions of to DNC, DSC and $1,000, 9/27/94, Robb for Senate; $1,000, 7/14/94, gress. other Democratic Party Funds, $1,200.00; Self, $5,000, 10/22/96, Presidential Unity ’96 Martin Frost Campaign Committee; $1,000, 4/ Total: $5,045.00. Robert Moose, information (non-federal). 12/93, Joe Kennedy Campaign; $1,000, 12/17/93, not available (no contact). Self, $500, 09/26/96, Nick Lampson for Con- ACLI PAC; $1,000, 12/4/93, Frost Campaign 5. Grandparents names, none (no grand- gress. Committee; $1,000, 6/18/93, Riegle for Senate; parents living). Self, $5,000, 09/24/96, Dem. Senatorial Cam- $1,000, 6/9/93, Edwards for Congress; $2,000, 8/9/ 6. Brothers and spouses names, none (no paign Comm. 93, Effective Government Committee; $250, 4/ brothers). Self, $10,000, 08/20/96, Birthday Victory 20/93, Effective Government Committee; 7. Sisters and spouses names, Adonica and Fund ($8,000 attributed to Dem., Nat’l Comm. $2,500, 10/10/93, Effective Government Com- Larry Walker, none. & $2,000 attributed, to Texas Dem. Comm.). mittee; $1,000, 3/5/93, Krueger for Senate; William Dale Montgomery, of Pennsyl- Self, $1,000, 08/19/96, Victory ’96 Federal Ac- $1,000, 12/7/93, Joe Lieberman Senate Cam- vania, a Career Member of the Senior For- count. paign; $1,000, 8/16/93, Bingaman Campaign eign Service, Class of Minister-Counselor, to Self, $700, 08/16/96, Dem. Nat’l Comm. Con- Committee; $1,000, 8/23/98, Jim Sasser Com- be Ambassador Extraordinary and Pleni- vention Program (non-federal). mittee; $2,000, 12/24/92, Effective Gov’t. Com- potentiary of the United States of America Self, $5,000, 08/01/96, Dem. Nat’l Comm. mittee; $1,000, 8/25/92, Tom Daschle; $1,000, 9/ to the Republic of Croatia. (non-federal). 18/92, Gephardt in Congress Committee; Nominee: William Dale Montgomery. Self, $20,000, 08/01/96, Dem. Nat’l Comm. $1,000, 4/9/92, Life PAC; $1,000, 4/21/92, Demo- Post: Zagreb, Croatia. (non-federal). cratic Senatorial Campaign Committee; The following is a list of all members of Self, $25,000, 06/25/96, Tex. Victory ’96 (non- $1,000, 7/12/92, Democratic Senatorial Cam- my immediate family and their spouses. I federal). paign Committee; $1,000, 5/15/92, Democratic have asked each of these persons to inform Self, $25,000, 05/09/96, Dem. Nat’l comm. Congressional Campaign Committee; $1,000, me of the pertinent contributions made by (non-federal). 6/6/92, Pomeroy for Congress; $500, 9/6/92, Chet them. To the best of my knowledge, the in- Self (in-kind), 529, 05/05/96, Dem. Nat’l Edwards for Congress; $1,000, 12/2/92, Chet Ed- formation contained in this report is com- Comm. (non-federal). wards for Congress. plete and accurate. Self, $25,000, 12/05/95, DNC Media Fund: 2. Spouse, Kathleen Woodward Olson, Contributions, amount, date, and donee. ($20,000 attributed to federal account and $1,000, 2/19/97, Citizens for Joe Kennedy; 1. Self, none. $5,000 attributed to non-federal account). 1996 2. Spouse, Lynne, none. Self, $500, 09/22/95, Friends for Nelson wolff. $1,000, 7/12/96, Chet Edwards Campaign 3. Children and spouses names, Alexander Self, $1,000, 08/07/95, John Odam for U.S. Committee; $1,000, 12/13/96, Tom Daschle; (14), Amelia (10), Katarina (9), none. Senate. $1,000, 4/11/96, Sanders for Senate; $1,000, 6/20/ 4. Parents names, Blondell Close Mont- Self, $1,000, 06/27/95, Clinton/Gore ’94. 95, Pete Wilson for President; $1,000, 4/19/95, gomery (mother); father, deceased, none. Self, $1,000, 07/14/94, Fisher for Senate ’94. Edwards for Congress; $1,000, 6/11/93, Chet Ed- 5. Grandparents names, all deceased for Self, $1,000, 07/08/94, Doggett for Congress. wards Campaign. more than ten years. Self, $1,000, 02/16/94, Mike Andrews for U.S. 3. Children and spouses names, none. 6. Brothers and spouses names, none. Senate. 4. Parents names, Lyndon L. Olson, Sr., 7. Sisters and spouses names, Merrie Mont- Self, $1,000, 01/24/94, Carrin F. Patman for $1,000, 4/21/95, Joe Kennedy Campaign Con- gomery King and husband Dennis King, none. Congress. gress, Frances M. Olson, None. Cynthia Montgomery Wernerfeldt and hus- Self, $2,000, 03/25/93, Bob Krueger Campaign. 5. Grandparents names, E.A. Olson & Beth band Birgir Wernerfeldt, up to $1,000, 1992, Self, $5,000, 3/25/93, Texas Dem. Party. Olson, deceased, none. C.B. McLaughlin & Clinton Presidential Campaign. Lillie McLaughlin, deceased, none. Stanley Louis McLelland, of Texas, to be Gerald S.McGowan, of Virginia, to be Am- 6. Brothers and spouses names, Kristine D. Ambassador Extraordinary and Pleni- bassador Extraordinary and Plenipotentiary Olson, None. Charles D. Olson, $1,000, 5/13/96, potentiary of the United States of America of the United States of America to be the Re- Sanders for Senate; $250, 1/23/95, Chet Ed- to Jamaica. public of Portugal

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11671 (The following is a list of all members of Contributions, amount, date, donee: Nominee: James C. Hormel. my immediate family and their spouses. I Gomez, James, Post: Ambassador to Luxembourg. Contributions, amount, date, donee: have asked each of these persons to inform $1,000, 7/7/93, Committee to select Nydia M. 1. Self, James C. Hormel (See attached me of the pertinent contributions made by Valazquez to Congress. list). them. To the best of my knowledge, the in- $1,000, 2/27/97, Juan Solis for Congress Com- 2. Spouse, none. formation contained in this report is com- mittee. 3. Children and spouses names (See at- plete and accurate.) $1,000, 2/16/97 Silvestre Reyes candidature tached list). Nominee: Gerald S. McGowan. for U.S. Congress. 4. Parents names Jay C. Hormel (deceased), Post: Ambassador of Portugal. $1,000, 2/18/96, Comite Eleccion de Carlos, Germaine Dubois Hormel (deceased). Contributions, amount, date, donee: Romero-Barcelo al Congreso Inc. 5. Grandparents names, George A. Hormel 1. Self, (See Attachment C.) $500, 9/21/96, Friends of Chris Dodd—’98. 2. Spouse, Sharon S. McGowan (deceased) $1,000, 11/13/96, Committee to elect Nydia (deceased), Lillian B. Gleason Hormel (de- (1995). M. Valazquez to Congress. ceased). 3. Children and spouses names, Jason $500 8/21/95, Goldman Sachs Partners PAC. 6. Brothers and spouses names (See at- Gropper, Zachary Gropper, Lukas, Connor, tached list). Molly, Sean and Dylan McGowan, none. James A. Larocco, of Virginia, a Career 7. Sisters and spouses names, none. 4. Parents names, Harry McGowan, Mary Member of the Senior Foreign Service, Class FEDERAL CAMPAIGN CONTRIBUTION REPORT McGowan, miscellaneous amount to Demo- of Minister-Counselor, to be Ambassador Ex- 1. Donor: James C. Hormel. crats—nothing over $100 (deceased). traordinary and Plenipotentiary of the Amount, date, donee: 5. Grandparents names, all deceased for United States of America to the State of Ku- 1993 over 20 years. wait. $1,500, 2–5–93, Committee to Re-elect Edw. 6. Brothers and spouses names, Harry J. (The following is a list of all member of my Kennedy. (Returned) (1994 election). (Con- and Victoria McGowan, none; James and immediate family and their spouses. I have tribution returned by Senator Kennedy after Vivian McGowan, $25.00, 1996. asked each of these persons to inform me of letter of recommendation written on my be- 7. Sisters and spouses names, Maureen the pertinent contributions made by them. half.) McGowan and Mark Malone, none; Michael To the best of my knowledge, the informa- Mulvihill and Kathleen McGowan Mulvihill, $1,000, 3–15–93, The Bob Krueger Campaign. tion contained in this report is complete and $1,000, 4–12–93, Citizens for Harkin (1996 none. accurate.) Year, name, amount: election). Nominee: James A. Larocco. $1,000, 4–19–93, Mitchell for Senate (1994 [Attachment C] Post: Kuwait. election). 1991—Clinton for President ...... $1,000 Contributions, amount, date, donee: $1,000, 4–19–93, Human Rights Campaign 1. Self, James A. Larocco, none. 1992—Democratic National Com- Fund. 2. Spouse, Janet M. Larocco, non. mittee ...... 7,500 $500, 4–21–93, Democratic Congressional 3. Children and spouses names, Stephanie, Kopetski for Congress ...... 500 Campaign. Charles, and Mary, none (all minors. 1994—Democratic National Com- $1,000, 5–28–93, Feinstein for Senate 1994. 4. Parents names, Charles and Nena mittee ...... 75,000 $5,000, 6–7–93, Human Rights Campaign Larocco, James and Sylvia McIlwain, none Democratic Party of Virginia ... 1,000 Fund. Friends of Margolis-Mezvinski 850 (deceased). $1,000, 8–30–93, Robb for Senate Committee. 1995—People for Wilhelm ...... 1,000 5. Grandparents names, James and Lillian $5,000, 9–24–93, Democratic Congressional 1996—Democratic National Com- Larocco, Anthony and Theresa Amount, Campaign. mittee ...... 700 none (deceased). $5,000, 9–24–93, Ollie-PAC. Wilder Committee ...... 1,000 6. Brothers and spouses names, Robert $5,000, 11–17–93, Democratic Senate Cam- Friends of Strickland ...... 2,000 Larocco, none. paign Committee. 7. Sisters and spouses names, Sister Nina Friends of Senator Levin ...... 500 1994 Wyden for Senate ...... 1,000 Larocco (Nun), Charlene and William Berg, $1,000, 2–15–94, Anna Eshoo for Congress. Clinton/Gore ...... 1,000 Elaine and Charles Travers, none. $1,000, 2–22–94, Robb for Senate Committee. Friends of Mark Warner ...... 2,000 Daniel Charles Kurtzer, of Maryland, a Ca- $1,000, 2–22–94, Wolsey for Congress. Friends of Evan Bayh ...... 1,000 $1,000, 2–24–94, Nancy Pelosi for Congress. Markey for Congress ...... 500 reer Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambas- ¥$2,000, 2–28–94, Return on Kennedy for Levin for Congress ...... 500 Senate ’92 and ’93. Levin & Levin ...... 1,000 sador Extraordinary and Plenipotentiary of the United States of America to the Arab $5,000, 3–14–94, Human Rights Campaign 1997—Leahy for Senate ...... 1,000 Fund. Dorgan for Senate ...... 500 Republic of Egypt. (The following is a list of all members of $250, 3–14–94, Tom Duane For Congress. my immediate family and their spouses. I $1,000, 3–28–94, Comm. to Elect Dan Ham- Victor Marrero, of New York, to be the burg. Permanent Representative of the United have asked each of these persons to inform me of the pertinent contributions made by $1,000, 3–29–94, Tom Andrews for Senate. States to the Organization of American $1,000, 4–4–94, Studds for Congress Com- States, with the rank of Ambassador. them. To the best of my knowledge, the in- formation contained in this report is com- mittee (primary). The following is a list of all members of $1,000, 4–4–94, Studds for Congress Com- my immediate family and their spouses. I plete and accurate.) Nominee: Daniel Charles Kurtzer, none. mittee (general). have asked each of these persons to inform $2,000, 5–19–94, California Victory ’94. me of the pertinent contributions made by 2. Spouse, Sheila Kurtzer, none. 3. Children and spouses names, David $1,000, 5–19–94, Tom Andrews for Senate. them. To the best of my knowledge, the in- Shimon Kurtzer, none. Jared Louis Kurtzer, $1,000, 5–19–94, Fazio for Congress. formation contained in this report is com- none. $1,000, 5–19–94, People for Marty Stone. plete and accurate. 4. Parents names, Jacob Doppelt Kurtzer, $200, 5–19–94, Zoe Logren for Congress. Nominee: Victor Marrero. none; Nathan and Sylvia Kurtzer, none; Min- 1995 Post: U.S. Representative to the OAS. nie Doppelt, none. Contributions, amount, date, donee: $10,000, 5–12–95, Democratic Congressional 5. Grandparents, names, Rebecca Posner 1. Self, $500, October 1996, Presidential Campaign Committee. (deceased). Unity Fund, DNC. $250, May 1994, Chief Dep- $5,000, 6–30–95, Democratic Senatorial Cam- 6. Brothers and spouses names, Benjamin uty Whip’s Fund. paign Committee. and Melissa Kurtzer, none; Ira Doppelt, none. 2. Spouse, Veronica White, none. $1,000, 6–30–95, Clinton/Gore ’96 (96 Elec- 7. Sisters and spouses names, Max and Gale 3. Children and spouses names, Andrew, tion). Bienstock, none; Richard and Debra Forman, none; Robert, none. $2,000, 9–8–95, Friends of Barbara Boxer (98 none; Arthur and Joyce Miltz, $100 to local 4. Parents names, Josefina, deceased; Election). Councilman campaign in 1990. Ezequiel, deceased. $1,000, 11–10–95, Jerry Estruth for Congress. 5. Grandparents names, N/A, deceased; N/A, $1,000, 11–10–95, Kennedy for Senate 94 James Catherwood Hormel, of California, deceased. (Debt). to be Ambassador Extraordinary and Pleni- $205.74, 11–16–95, Kennedy for Senate 94 6. Brothers and spouses names, Louis potentiary of the United States of America (Debt) reception expense. Marrero, none; Virginia Marrero, none. to Luxembourg. $4,000, 11–30–95, Democratic Party of Or- 7. Sisters and spouses names, Carmen (The following is a list of all members of egon. Gomez, none; Jemes Gomez, see attached; my immediate family and their spouses. I $500, 12–11–95, Richard Durbin for Senate Yvonne Schonborg, none; David Schonborg, have asked each of these persons to inform (96 Election). none. me of the pertinent contributions made by $1,000, 12–13–95, Friends of Carl Levin (96 FEDERAL CAMPAIGN CONTRIBUTION REPORT them. To the best of my knowledge, the in- Election). Nominee: Victor Marrero. formation contained in this report is com- $500, 12–13–95, Woolsey for Congress (96 Post: U.S. Representative to the OAS. plete and accurate.) Election).

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11672 CONGRESSIONAL RECORD — SENATE November 4, 1997 $500, 12–13–95, Rick Zbur for Congress (96 1995 Congress; 250.00, 8/28/94, Bonior for Congress; Election). 1,000, 8–3–95, Dan Williams. 500.00, 8/31/94, Committee to Re-elect Tom 1996 1,000, 11–2–95, Walt Minnick. Foley; 1,000.00, 9/1/94, MOPAC; 2,500.00, 9/9/94, Democratic Senatorial Campaign Com- $5,000, 3–4–96, Democratic Senatorial Cam- 1996 mittee; 2,500.00, 9/9/94, Michigan Senate Vic- paign Committee. 1,000, 1–12–96, Wyden for Senate. tory Fund; 250.00, 9/9/94, Glickman for Con- $1,000, 3–12–96, McCormick for Congress. 1,000, 1–31–96, Byron Sher for Senate. gress; 250.00, 9/11/94, Sam Coppersmith for $1,000, 3–12–96, Gantt for U.S. Senate 96. 1,000, 4–4–96, Ian Bowles for Congress. U.S. Senate; 1,000.00, 9/16/94, Levin for Con- $500, 3–13–96, Nancy Pelosi for Congress 96. 1,000, 8–31–96, John Kerry for Senate. gress; 500.00, 9/24/94, Committee to Re-elect $547.36, 4–29–96, John Kerry for Senate re- 250, 9–15–96, Democratic National Party. Tom Foley; 300.00, 10/10/94, Friends of Con- ception expense. 1,000, 10–15–96, Walt Minnick for Senate. gressman Fingerhut; 500.00, 10/17/94, Hyatt for $1,000, 5–13–96, Michela Alioto for Congress. 500, 10–15–95, Michela Alioto for Congress. Senate; 100.00, 10/17/94, Bob Mitchell for Con- $1,000, 5–15–96, Rick Zbur for Congress. 500, 10–15–95, Capp for Congress. gress; 500.00, 10/19/94, Dick Swett for Con- $1,000, 5–31–96, Wellstone for Senate. 500, 10–15–96, Rick Zbur for Congress. gress; 500.00, 10/24/94, Dick Swett for Con- $1,000, 6–27–96, Ellen Tauscher for Congress. 500, 10–15–96, Loretta Sanchez for Congress. gress; 250.00, 10/31/94, Bob Mitchell for Con- $500, 7–18–96, Committee for Loretta 500, 10–15–96, Brad Sherman. gress; 407.44, 11/7/94, Friends for Bob Carr; Sanchez. 1,000, 10–21–96, Wellington for Senate. 70.00, 11/7/94, Friends of Bob Carr; 308.00, 1/23/ $1,000, 8–20–96, Fazio for Congress. 1,000, 10–21–96, Strickland for Senate. 95, DNC Services Corporation; 100.00, 2/23/95, $500, 8–23–96, Tom Bruggere for U.S. Sen- 1,000, 10–21–96, Swett for Congress. Swett for Senate; 1,000.00, 4/28/95, Friends of ate. 1997 Senator Carl Levin; 1,000.00, 4/28/95, Friends $5,000, 8–23–96, Democratic Congressional of Senator Carl Levin; 100.00, 5/30/95, Joint 500, 2–15–97, Committee for Loretta Campaign Committee. Action Committee for Public Affairs; 500.00, Sanchez. $500, 8–23–96, People for Weiland. 6/21/95, Friends of Bob Carr; 500.00, 6/29/95, David B. Hermelin, of Michigan, to be Am- $500, 8–23–96, Friends of Walter Capps. Levin for Congress; 1,000.00, 6/30/95, Clinton/ bassador Extraordinary and Plenipotentiary 1997 Gore ’96 Primary Committee; 1,000.00, 10/19/ of the United States of America to Norway. $3,000, 3–6–97, California Victory ’98 (98 95, MOPAC; 150.00, 11/9/95, The Reed Com- Post: United States Ambassador to Nor- mittee; 50.00, 11/29/95, Friends of Barbara Election). way. $10,000, 5–8–97, Democratic Congressional Rose Collins; 1,000.00, 11/29/95, Citizens for Nominee: David B. Hermelin. Biden ’96; 1,000.00, 11/29/95, Citizens for Biden Campaign Committee. The following is a list of all members of $1,000, 5–16–97, Nancy Pelosi for Congress. ’96; 500.00, 12/1/95, Levin for Congress; 500.00, my immediate family and their spouses. I 12/5/95, Levin for Congress; 500.00, 12/29/95, 3. Donor: Children and spouses: Alison M. have asked each of these persons to inform Hormel Webb, daughter and Bernard C. Stabenow for Congress; 1,000.00, 12/31/95, me of the pertinent contributions made by Wyden for Senate; 50.00, 2/7/96, Yates for Con- Webb, none; Anne C. Hormel Holt, daughter them. To the best of my knowledge, the in- and Cecil T. Holt, none; Elizabeth M. gress; 500.00, 2/8/96, John D. Dingell for Con- formation contained in this report is com- gress; 500.00, 2/8/96, John D. Dingell for Con- Hormel, daughter and A. Andrew Leddy, plete and accurate. none; James C. Hormel, Jr., son and Kath- gress; 200.00, 3/1/96, Stupak for Congress; Contributions, amount, date, and donee: 500.00, 3/4/96, Levin for Congress; 24,000.00, 3/6/ leen G. Hormel, none; Sarah Hormel von 1. David B. Hermelin, $250.00, 2/29/92, Rey- 96, Victory ’96 (Non-Federal); 100.00, 3/19/96, Quillfeldt, daughter and Falk von Quillfeldt, nolds for Congress ’92; 100.00, 3/13/92, Dan Shirley Gold for Congress; 250.00, 3/22/96, none. Coats; 1,000.00, 3/30/92, Levine Campaign Com- Friends of Dick Durbin; 250.00, 3/31/96, Lynn 6. Donor: Brothers and spouses: George A. mittee; 500.00, 3/31/92, Levin for Congress; Rivers for Congress ‘98; 250.00, 5/7/96, Richard Hormel II, brother and Jamie Hormel, none; 150.00, 5/1/92, Fingerhut for Congress; 100.00, 5/ Klein for Congress; 500.00, 5/13/96, Stabenow Thomas D. Hormel, brother and Rampa R. 8/92, JAPAC; 250.00, 5/14/92, Hagan for Con- for Congress; 50.00, 5/23/96, Martin Frost Cam- Hormel. gress; 1,000.00, 5/15/92, MOPAC; 100.00, 5/21/92, paign; 100.00, 6/3/96, Committee to Elect THOMAS D. HORMEL J. Dingell for Congress; 250.00, 6/9/92, Tanter Douglas Diggs; 1,000.00, 6/28/96, John D. Din- Amount, date, donee: for Congress; 500.00, 6/23/92, A Lot of People gell for Congress; 1,000.00, 7/8/96, MOPAC; Supporting Tom Daschle; 500.00, 6/24/92, 1993 1,000.00, 7/12/96, Friends of Tom Strickland; Friends of Chris Dodd; 500.00, 6/26/92, Friends 150.00, 7/15/96, Friends of Senator Rockefeller; $1,000, 12–19–93, Gerry Studds for Congress. of Bob Graham; 250.00, 6/30/92, Alice Gilbert 100.00, 7/15/96, Joint Action Committee for 1994 for Congress; 250.00, 7/14/92, Committee for Political Affairs; 500.00, 7/22/96, Dick Swett $1,000, 4–22–94, Dan Hamburg. Wendell Ford; 125.00, 7/22/92, Friends of Bar- for Senate; 500.00, 7/23/96, Diggs for Congress; $1,000, 4–22–94, Tom Andrews. bara Rose Collins; 500.00, 8/11/92, Glickman 250.00, 7/30/96, Friends of Max Cleland for the $1,000, 5–9–94, Mike Burkett. for Congress; 12,500.00, 8/24/92, DNC Services U.S. Senate; 250.00, 8/1/96, Ieyoub for Senate; $1,000, 5–24–94, Dianne Feinstein. Corporation; 50.00, 9/1/92, Broomfield Tribute; 250.00, 8/9/96, Cohen for Congress; 50.00, 8/9/96, $1,000, 6–15–94, Dan Hamburg. 250.00, 9/8/92, Bonior for Congress; 250.00, 9/25/ Martin Frost Campaign; 100.00, 8/14/96, Con- $4,000, 7–18–94, Maine ’94. 92, W. Briggs for Congress; 500.00, 10/13/92, gressman Kildee; 250.00, 8/20/96, Sam Gejden- $1,000, 7–18–94, Tom Andrews. Dick Swett for Congress; 1,000.00, 10/13/92, son Re-Election; 500.00, 8/21/96, Citizens for $5,000, 10–8–94, League of Conservation Vot- Friends of Bob Carr; 250.00, 10/20/92, Briggs for Harkin; 500.00, 8/21/96, Kerry Committee; ers. Congress; 1,000.00, 12/18/92, Lautenberg Com- 500.00, 8/21/96, Friends of Max Baucus; 250.00, $1,000, 10–8–94, Jolene Unsoeld. mittee; 250.00, 12/18/92, Briggs for Congress; 8/26/96, Bonior for Congress; 250.00, 9/4/96, 1,000.00, 4/15/93, Riegle for Senate; 1,000.00, 4/ 1995 Lynn Rivers for Congress ’98; 250.00, 9/4/96, 15/93, Riegle for Senate; 1,000.00, 4/15/93, Rie- Reed Committee; 100.00, 9/6/96, Kilpatrick for $1,000, 7–25–95, Clinton/Gore 96. gle for Senate; (1,000.00), 8/5/93, Riegle for Congress; 250.00, 9/6/96, Committee to Elect $1,000, 8–3–95, Dan Williams. Senate; 100.00, 9/1/93, Connie Mack for Sen- Morris Frumin; 250.00, 9/9/96, Bonior for Con- $1,000, 11–2–95, Walt Minnick. ate; 300.00, 9/3/93, Levin for Congress; 700.00, gress; 1,000.00, 9/9/96, Clinton/Gore ’96 GELAC; 1996 11/11/93, Levin for Congress; (1,000.00), 11/18/93, 250.00, 9/16/96, Tunnicliff for Congress; 1,000, 1–12–96, Wyden for Senate. Riegle for Senate; 1,000.00, 12/15/93, MOPAC; 1,000.00, 9/19/96, Stabenow for Congress; 250.00, 1,000, 3–31–96, Dan Williams. 1,000.00, 12/17/93, Friends of Bob Carr; 1,000.00, 10/26/96, Harvey Gant for Senate; 500.00, 10/30/ 1,000, 6–30–96, Walt Minnick. 12/28/93, Dick Swett for Congress; 100.00 2/21/ 96, Friends of Max Baucus; 500.00, 11/3/96, 1,000, 6–30–96, Luther for Congress. 94, Mahoney ’94 Senate; 200.00, 2/23/94, Friends Swett for Senate; 500.00, 11/31/96, Congress- 1,000, 8–13–96, John Kerry for Senate. of Congressman Fingerhut; 500.00, 3/9/94, man Kildee; 100.00, 12/13/96, Stabenow for 1,000, 10–16–96, John Kerry for Senate. Glickman for Congress; 100.00, 3/9/94, Congress; 1,000.00, 3/11/97, Stabenow for Con- 1,000, 10–16–96, Wellington for Senate. Hollowell for Congress; 500.00, 3/21/94, Citi- gress; 1,000.00, 3/20/97, Kennedy 2000; 1,000.00, 1,000, 10–16–96, Strickland for Senate. zens for Sarbanes; 1,000.00, 4/13/94, Effective 4/21/97, DNC. Gvt. Comm.; 1,000.00, 4/27/94, Friends of Bob 1997 2. Doreen N. Hermelin 250.00, 6/9/92, Tanter Carr; 100.00, 5/1/94, Hollowell for Congress; for Congress; 12,500.00, 8/24/92, DNC Service None. 200.00, 5/1/94, Friends of John Glenn; 100.00, 5/ Corporation; 150.00, 10/1/92, Bill Ford; 1,000.00, RAMPA R. HORMEL 10/94, Friends of Barbara Rose Collins; 4/15/93, Riegle for Senate; (1,000.00), 11/18/93, 1993 1,000.00, 5/16/94, Lautenberg Committee; Riegle for Senate; 500.00, 12/6/93, Nita Lowey 300.00, 5/26/94, Tom Hecht for Congress; 500.00, for Congress; 1,000.00, 4/27/94, Friends of Bob None. 6/1/94, Friends for Bryan ’94; 100.00, 6/2/94, Carr; 1,500.00, 9/9/94, Democratic Senatorial 1994 John D. Dingell for Congress; 1,000.00, 6/6/94, Campaign Committee; 2,500.00, 9/9/94, Michi- 1,000, 5–1–94, Dan Hamburg. Levin for Congress; 500.00, 6/8/94, Robb for the gan Senate Victory Fund; 1,000.00, 9/19/94, 1,000, 5–11–94, Dianne Feinstein. Senate; 180.00, 6/15/94, Friends of A. Gilbert; Friends of Bob Carr; 1,000.00, 9/19/94, Levin for 1,000, 5–16–94, Dan Hamburg. 320.00, 6/17/94, Friends of A. Gilbert; 500.00, 6/ Congress; 250.00, 11/11/94, Joint Action Com- 1,500, 7–19–94, Maine ’94. 17/94, Lieberman ’94 Comm.; 250.00, 6/22/94, mittee for Political Affairs; 250.00, 1/18/95, 1,000, 7–19–94, Tom Andrews. Bob Mitchell for Congress; 100.00, 6/24/95, Riv- Emily’s List; 1,000.00, 5/22/95, Emily’s List; 1,000, 10–8–94, Jolene Unsoeld. ers for Congress; 250.00, 8/5/94, Dhillon for 1,000.00, 6/26/95, Friends of Senator Carl

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11673 Levin; 1,000.00, 6/30/95, Clinton/Gore ’96 Pri- Contributions, Amount, Date, and Donee; atorial Campaign Committee; 1,000.00, 10/31/ mary Committee; 500.00, 10/26/95, Wyden for 1, Self, 1,000.00, 10/16/96, Jill Docking for 93, Robb for the Senate; 1,000.00, 10/31/93, Senate; 2,000.00, 12/19/95, Citizens for Biden Senate; 1,000.00, 10/16/96, Roger Bedford for Robb for the Senate; 5,000.00, 09/22/93, Demo- 1996; 1,000.00, 12/28/95, Friends of Senator Carl Senate; 1,000.00, 10/16/96, Tom Bruggere for cratic Senatorial Campaign Committee; Levin; 250.00, 12/28/95, WINPAC; 500.00, 1/10/96, Senate; 1,000.00, 10/16/96, Friends of Tom 1,000.00, 09/22/93, Virginia Victory Fund; Wyden for Senate; 19,000.00, 3/6/96, Victory ’96 Strickland; 50.00, 09/11/96, The Victor Morales 4,000.00, 09/22/93, Virginia Victory Fund; Non-Federal; 5,000.00, 3/6/96, Victory ’96; Campaign; 982.00, 08/21/96, Eddie Bernice 500.00, 05/19/93, National Multi Housing Coun- 250.00, 4/12/96, Joint Action Committee for Johnson For Congress; 1,000.00, 07/09/96, The cil PAC; (510.00), 03/15/93, Senator Lloyd Public Affairs; 125.00, 4/25/96, Nita Lowey for Mary Landrieu for Senate Committee; Bentsen Election Committee; 1,000.00, 03/03/ Congress; 250.00, 5/7/96, Richard Klein for Con- 1,000.00, 07/01/96, People for Weiland; 1,000.00, 93, Bob Krueger Campaign. gress; 1,000.00, 5/13/96, Stabenow for Congress; 06/10/96, Torricelli For US Senate; 950.00, 01/ Non-Federal Political Contributions— 5,000.00, 5/21/96, Democratic Senatorial Cam- 18/96, Wyden For Senate; 5,000.00, 01/15/96, Craig & Kathryn Hall, 2,500.00, 12/19/96, paign Committee; 1,000.00, 7/12/96, Friends of Democratic Party of Oregon; 1,000.00, 01/15/96, Emily’s List; 50,000.00, 10/02/96, Democratic Tom Strickland; 5,000.00, 6/19/96, DNC Serv- Oregon Victory Fund; 1,000.00, 01/15/96, 01/15/ National Committee; 10,000.00, 09/13/96, ices Corporation; 200.00, 8/28/96, Lynn Rivers 96, Friends of Senator Rockefeller; 1,000.00, Emily’s List; 50,000.00, 09/10/96, Texas Victory for Congress ’98; 1,000.00, 9/19/96, Stabenow for 01/15/96, John Pouland For Congress; 10,000.00, ’96; 92,500.00, 06/27/96, Texas Victory ’96; Congress; 100.00, 9/27/96, Committee to Elect 12/20/95, Democratic Senatorial Campaign 3,000.00, 06/25/96, South Dakota Democratic Godchaux; 250.00, 10/29/96, Joint Action Com- Committee; 1,000.00, 11/17/95, Tim Johnson Party Non-Federal; 3,000.00, 06/25/96, South mittee for Political Affairs. For South Dakota, Inc.; 1,000.00 10/12/95, Clin- Dakota Democratic Party Non-Federal; 3. Marcia Hermelin Orley, Robert Orley, ton/Gore ’96 Primary Committee Inc.; 7,500.00, 06/20/96, Democratic National Com- spouse: 100.00, 5/7/92, Committee to elect Eric 5,000.00, 09/28/95, Democratic Senatorial Cam- mittee; 10,000.00, 04/18/96, Democratic State Fingerhut; 50.00, 6/16/92, Committee to re- paign Committee; 1,000.00, 08/14/95, Dallas Party-Non Federal Account; 125.00, 04/12/96, elect Chris Dodd; 50.00, 6/16/92, Committee to County Democratic Party; 1,000.00, 07/27/95, 21st Century Democrats; 1,000.00, 04/24/96, 21st re-elect Bob Graham; 50.00, 6/16/92, Com- Friends of Senator Carl Levin; 1,000.00, 07/27/ Century Democrats; 2,000.00, 01/22/96, Demo- mittee to re-elect Tom Daschle; 125.00, 7/24/ 95, Friends of Senator Carl Levin; 5,000.00, 06/ cratic Senatorial Campaign Committee; 92, Committee to re-elect Barbara Rose Col- 30/95, Democratic Senatorial Campaign Com- 1,000.00, 10/24/94, Emily’s List Women Voters; lins; 250,00, 8/27/92, Fingerhut for Congress; mittee; 1,000.00, 06/30/95, A Lot of People Sup- 7,500.00, 09/30/94, Democratic Senatorial Cam- 100.00, 4/9/93, Emily’s List; 100.00, 2/27/94, porting Tom Daschle; 1,000.00, 06/30/95, A Lot paign Committee; 150.00, 09/22/94, Democratic of People Supporting Tom Daschle; 1,000.00, Friends of Fingerhut; 150,00, 3/29/94, Hollowell Senatorial Campaign Committee. 06/08/95, Emily’s List Women Voters; 1,000.00, for Congress; 250,00, 4/27/94, Friends of Bob 3. Children and Spouses, Jennifer Cain, 06/26/95, John Bryant Campaign; 1,000.00, 06/ Carr; 100.00, 5/12/94, Friends of Joe Knollen- David Cain, None. 01/95, Sanders for Senate; 1,000.00, 04/12/95, berg; 200,00, 5/31/94, Friends of Bob Carr; Marcia Hall, Melissa Hall, Brijetta Hall, Citizens for Joe Kennedy; 1,000.00, 04/05/95, 100.00, 6/1/94, Friends of Richard H. Bryan; Kristina Hall, None. Kerry Committee; 1,000.00, 11/02/94, Citizens 100.00, 6/1/94, Lieberman for Senate; 250,00, 6/ 4. Parents, Robert Walt, Dolores Walt for Senator Wofford; 7,500.00, 09/30/94, Demo- 8/94, Robb for Senate; 150.00, 7/8/94, Levin for (both deceased), None. cratic Senatorial Campaign Committee; Congress; 250,00, 7/8/94, Coppersmith for Sen- 5. Grandparents, Laura Newbold, Donald 1,000.00, 09/30/94, Wynia for Senate Com- ate; 500.00, 8/23/94, Friends of Congressman Newbold (both deceased), None. mittee; 1,000.00 09/30/94, Jack Mudd for U.S. Fingerhut; 500.00, 9/10/94, Michigan Senate Senate; 1,000.00, 08/19/94, John Bryant Cam- Frances Walt, Raffe Walt (both deceased), Victory Fund; 500.00, 9/10/94, Friends of Bob paign Committee; 1,000.00, 07/18/94, Friends of None. Carr; 250,00, 9/28/94, Friends of Congressman Dave McCurdy; 500.00, 05/16/94, Friends of Bob 6. Brothers and Spouses, Robert Walt, Jr., Fingerhut; 250,00, 9/30/94, Sam Coppersmith Carr; 1,000.00, 04/01/94, Jim Mattox Campaign; Catherine Walt, None. for U.S. Senate; 100.00, 10/7/94, Levin for Con- 1,000.00, 03/01/94, Jim Mattox Campaign. 7. Sisters and Spouses, Pamela Chauve, gress; 200.00, 11/21/95, Joint Action Com- 2, Spouse, 500.00, 04/25/97, Friends of Patrick Georges Chauve, None. mittee for Political Affairs; 1,000.00, 12/21/95, Kennedy; 1,000.00, 04/10/97, Friends of Barbara Steven J. Green, of Florida, to be Ambas- Friends of Senator Carl Levin; 250,00, 5/13/96, Boxer; 2,500.00, 03/07/97, Democratic Party of sador Extraordinary and Plenipotentiary of Stabenow for Congress; 1,000.00, 8/5/96, Levin Texas; 1,000.00, 02/20/97, Citizens for Joe Ken- the United States of America to the Republic for Senate; 250,00, 8/12/96, Senator Max Bau- nedy; 550.00, 10/16/96, Jill Docking for Senate; of Singapore. cus; 250,00, 8/12/96, Citizens for Harkin; 250.00, 1,000.00, 10/16/96, Roger Bedford for Senate; Post: Ambassador to Singapore 8/21/96, Senator John Kerry; 250.00, 8/23/96, 1,000.00, 10/16/96, Tom Bruggere for Senate; Nominee: Steven J. Green Levin for Congress; 100.00, 8/28/96, Committee 1,000.00, 10/16/96, Friends of Tom Strickland; The following is a list of all members of to re-elect Carolyn Cheeks Kilpatrick; 250.00, 1,000.00, 07/09/96, The Mary Landrieu for Sen- my immediate family and their spouses. I 9/19/96, Wyden for Senate; 500.00, 12/9/96, ate Committee; 1,000.00, 07/01/96, People for have asked each of these persons to inform Wyden for Senate. Weiland; 1,000.00, 06/10/96, Torricelli For US me of the pertinent contributions made by Karen Beth Hermelin, None. Senate; 500.00, 02/06/96, Friends of Bob them. To the best of the my knowledge, the Brian Michael Hermelin, Jennifer, spouse, Graham Committee; 3,000.00, 01/22/96, Demo- information contained in this report is com- 1,000.00, 7/8/94, Friends of Bob Carr; 75.00, 8/9/ cratic Senatorial Campaign Committee; plete and accurate. 94, Levin for Congress; 500.00, 10/20/94, Dick 950.00, 01/18/96, Wyden For Senate; 1,000.00 01/ Swett for Congress; 1,000.00, 12/27/95, Friends 15/96, Oregon Victory Fund; 1,000.00, 01/15/96, STEVEN J. & DOROTHEA GREEN & FAMILY POLITICAL of Senator Carl Levin; 75.00, 7/17/96, Levin for John Pouland For Congress; 5,000.00, 01/15/96, CONTRIBUTIONS Congress; 100.00, 10/9/96, Rivers for Congress. Oregon Democratic Party; 1,000.00, 01/15/96, Julie Carol Hermelin, None. Friends of Senator Rockefeller; 1,000.00, 11/17/ DATE ORGANIZATION AMOUNT CONTRIBUTOR Francine Gail Hermelin, Adam Levite, 95, Tim Johnson For South Dakota Inc.; spouse, None. 1997 ...... 1,000.00, 10/12/95, Clinton/Gore ’96 Primary 1/29/97 SO DAKOTA COORDINATED 5,000 STEVEN J. GREEN 4. Frances Heidenreich Hermelin (De- Committee Inc.; 5,000.00, 09/30/95, Democratic CAMPAIGN-FEDERAL ACCT. ceased), None. 1/29/97 SO DAKOTA COORDINATED 3,000 STEVEN J. GREEN Irving M. Hermelin (Deceased), 12,500.00, 8/ Senatorial Campaign Committee; 500.00, 08/ CAMPAIGN-NON FEDERAL 24/92, DNC Services Corporation; 100.00, 6/15/ 17/95, Martin Frost Campaign; 5,000.00, 06/30/ ACCT. 95, Democratic Senatorial Campaign Com- 1996 ...... 94, C. Burns for Senate. 4/30/96 DNC ...... 10,000 STEVEN J. GREEN 5. Hannah Marks Heidenreich, Moses mittee; 1,000.00, 06/30/95, A Lot of People Sup- 7/16/96 TENNESSEE DEMOCRATIC 2,000 STEVEN J. GREEN Heidenreich (Deceased), None. porting Tom Daschle; 1,000.00, 06/30/95, A Lot VICTORY FED 96. of People Supporting Tom Daschle; 1,000.00, 7/16/96 GELAC ...... 1,000 STEVEN J. GREEN Hendel Wolfe Hermelin, Chayim Shalom 10/16/96 MASS DEMOCRATIC STATE 10,000 STEVEN J. GREEN Hermelin (Deceased), None. 06/26/95, John Bryant Campaign; 1,000.00, 06/ PARTY NON FEDERAL. 6. Marvin Hermelin (Deceased), None. 01/95, Sanders for Senate; 10,000.00, 04/30/95, 10/16/96 SO DAKOTA MAJORITY PRO- 3,000 STEVEN J. GREEN Democratic Senatorial Campaign Com- GRAM. 7. Henrietta Hermelin Weinberg, None. 10/23/96 ARKANSAS STATE DEM ...... 10,000 STEVEN J. GREEN Kathryn Walt Hall, of Texas, to be Ambas- mittee; 500.00, 04/13/95, Dallas County Demo- 11/12/96 ARKANSAS STATE DEM ...... 5,000 DOROTHEA GREEN sador Extraordinary and Plenipotentiary of cratic Party; 500.00, 03/16//95, Martin Frost 1995 ...... Campaign; 1,000.00, 10/06/94, John Bryant 6/30/95 JOHN KERRY FOR SENATE ..... 2,000 STEVEN J. GREEN the United States of America to the Republic 6/3O/95 CONGRESSMAN TIM JOHNSON 1,000 STEVEN J. GREEN of Austria. Campaign Committee; 7,500.00, 09/30/94, 7/19/95 NATIONAL DEMOCRATIC COM- 1,000 STEVEN J. GREEN Post: Ambassador to Austria NOMINATED Democratic Senatorial Campaign Com- MITTEE. mittee; 2,000.00, 09/16/94, Effective Govern- 10/3/95 REPUBLICAN MAJORITY FUND 5,000 STEVEN J. GREEN (Month, day, year) 10/3/95 MCCONNELL FOR SENATE ...... 1,000 STEVEN J. GREEN NOMINEE: Kathryn Walt Hall ment Committee; 500.00, 09/12/94, Martin 1994 ...... The following is a list of all members of Frost Campaign Committee; 500.00, 04/20/94, 5/18/94 DASCHLE REELECTION ...... 2,000 STEVEN J. GREEN my immediate family and their spouses. I Martin Frost Campaign Committee; 500.00, 10/25/94 UNITED 94-STATE AC ...... 1,000 STEVEN J. GREEN 10/25/94 OBERLY FOR SENATE ...... 1,000 STEVEN J. GREEN have asked each of these persons to inform 04/07/94, Friends of Alan Wheat; 500.00, 04/04/ 10/29/94 MCCURDY FOR SENATE ...... 1,000 STEVEN J. GREEN me of the pertinent contributions made by 94, The Buck Starts Here Fund (Senator 10/29/94 OBERLY FOR SENATE ...... 1,000 DOROTHEA GREEN them. To the best of my knowledge, the in- Bentsen); 1.000.00, 03/01/94, Jim Mattox Cam- 10/29/94 MCCURDY FOR SENATE ...... 1,000 DOROTHEA GREEN 1993 ...... formation contained in this report is com- paign; 1,000.00, 01/25/94, Democratic National 1/7/93 LIEBERMAN FOR SENATE ...... 2,000 DOROTHEA GREEN plete and accurate. Committee; 3,000.00, 11/01/93, Democratic Sen- 7/2/93 REELECT SEN. KENNEDY ...... 2,000 STEVEN J. GREEN

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11674 CONGRESSIONAL RECORD — SENATE November 4, 1997 STEVEN J. & DOROTHEA GREEN & FAMILY POLITICAL 22, 1996, American Task Force for Lebanon formation contained in this report is com- CONTRIBUTIONS—Continued PAC; $100, July 15, 1996, Richard Ieyoub; $50, plete and accurate. February 3, 1996, American Task Force for Contributions, amount, date, and donee: DATE ORGANIZATION AMOUNT CONTRIBUTOR Lebanon PAC; $100, April 15, 1996, John 1. Self, none. Baldacci. 2. Spouse, Susan Donnelly, $30, Jan. 19, 7/12/93 SENATOR KENNEDY CAM- 2,000 DOROTHEA GREEN Daniel Fried, of the District of Columbia, a 1995, Democratic Nat’l Cmte. PAIGN. 3. Children and spouses names, Alex Don- 12/29/93 BOB KERREY FOR SENATE ..... 2,000 STEVEN J. GREEN Career Member of the Senior Foreign Serv- 12/29/93 CONNIE MACK FOR SENATE ... 1,000 DOROTHEA GREEN ice, Class of Counselor, to be Ambassador Ex- nelly, Age 11, Eric Donnelly, Age 8, none. 12/29/93 WOFFORD FOR SENATE ...... 1,000 STEVEN J. GREEN 4. Parents names, Alfred Donnelly, de- 12/29/93 LYNN SCHENK FOR CON- 2,000 STEVEN J. GREEN traordinary and Plenipotentiary of the United States of America to the Republic of ceased 1984, Barbara Donnelly, none. GRESS. 5. Grandparents names, Ralph Thornburg, 1992 ...... Poland. deceased 1962, Hazel Thornburg, deceased 1/20/92 CLINTON FOR PRESIDENT ...... 1,000 STEVEN J. GREEN Post: Ambassador, Republic of Poland. 1/23/92 CLINTON FOR PRESIDENT ...... 1,000 DOROTHEA GREEN 1987, John Donnelly, deceased 1920, Mary Nominee: Daniel Fried. 3/2/92 CLINTON FOR PRESIDENT 1,000 ANDREA GREEN Donnelly, deceased 1949. COMMITTEE. The following is a list of all members of 6. Brothers and spouses names, none. 3/2/92 CLINTON FOR PRESIDENT 1,000 KIMBERLY GREEN my immediate family and their spouses. I COMMITTEE. 7. Sisters and spouses names, Lela Don- 3/11/92 CLINTON FOR PRESIDENT 1,000 CARL GREEN have asked each of these persons to inform nelly Hildebrand, deceased 1975, Susan K. COMMITTEE. me of the pertinent contributions made by Donnelly, none. 3/11/92 CLINTON FOR PRESIDENT 1,000 SYLVIA GREEN them. To the best of my knowledge, the in- COMMITTEE. 3/17/92 SENATOR JOHN BREAUX ...... 2,000 STEVEN J. GREEN formation contained in this report is com- Carolyn Curiel, of Indiana, to be Ambas- 3/17/92 SENATOR TIM WIRTH ...... 1,000 STEVEN J. GREEN plete and accurate. sador Extraordinary and Plenipotentiary of 3/24/92 SENATOR DASCHLE ...... 2,000 DOROTHEA GREEN Contributions, Amount, Date, and Donee. 6/11/92 LYNN SCHENK FOR CON- 1,000 DOROTHEA GREEN the United States of America to Belize. GRESS. 1. Self, None. Nominee: Carolyn Curiel. 12/7/92 LIEBERMAN FOR SENATE ...... 2,000 STEVEN J. GREEN 2. Spouse, Olga Karpiw, None. Post: Belize. 12/7/92 BRYAN FOR SENATE ...... 2,000 STEVEN J. GREEN 3. Children and Spouses, Hannah, None. The following is a list of all members of 12/7/92 WOFFORD FOR SENATE ...... 1,000 STEVEN J. GREEN 12/7/92 SCHENK FOR CONGRESS ...... 1,000 STEVEN J. GREEN Sophia, None. my immediate family and their spouses. I 4. Parents, Gerald Fried, None. Judith have asked each of these persons to inform Edward M. Gabriel, of the District of Co- Fried, $25, 7/16/92, Clinton for President Cam- me of the pertinent contributions made by lumbia, to be Ambassador Extraordinary and paign; $25, 11/17/93, Anne Richards Campaign; them. To the best of my knowledge, the in- Plenipotentiary of the United States of $25, 8/3/94, Tom Duane Campaign (Congress); formation contained in this report is com- America to the Kingdom of Morocco. $10, 2/22/96, Harvey Gantt Campaign (Senate). plete and accurate. Post: Chief of Mission, Morocco. 5. Grandparents, Samuel Joseph Fried, De- Contributions, amount, date, and donee: Nominee: Edward M. Gabriel. ceased. 1. Self, none. The following is a list of all members of Selma Fried, Deceased. 2. Spouse, N/A. my immediate family and their spouses. I Sidney Pines, Deceased. 3. Children and spouses names, N/A. have asked each of these persons to inform Edith Pines, Deceased. 4. Parents names, Alexander Curiel, me of the pertinent contributions made by 6. Brothers and Spouses, Jonathan Fried/ Angeline Curiel, none. them. To the best of my knowledge, the in- Deena Shoshkas, None. 5. Grandparents names, Jesse Ortiz, de- formation contained in this report is com- Joshua Fried, $20, 9/96, Harvey Gantt Cam- ceased, Isabel Ortiz, deceased, Roman Curiel, plete and accurate. paign (Senate). deceased, Victoria Curiel, none. Contributions, Amount, Date, and Donee: 7. Sisters and Spouses, Deborah Fried/ 6. Brothers and spouses names, Alexander 1. EDWARD GABRIEL, $500, January 24, Kalman Watsky, None. R. Curiel, Patricia Curiel, Frederick Curiel, 1992, Marty Russo; $500, March 3, 1992, Marty Stanley Tuemler Escudero, of Florida, a Carolann Curiel, Michael P. Curiel, Rebecca Russo; $500, May 22, 1992, George Miller; $250, Career Member of the Senior Foreign Serv- Curiel, Louis A. Curiel, none. 7. Sisters and spouses names, Isabel Jakov, June 1, 1992, Jim Chapman; $750, June 22, ice, Class of Minister-Counselor, to be Am- David Jakov, Bernadette Sahulcik, Richard 1992, Malcom Wallop; $500, August 2, 1992, Lee bassador Extraordinary and Plenipotentiary Sahulcik, none. Hamilton; $1000, December 2, 1992, Kent of the United States of America to the Re- public of Azerbaijan. Conrad; $350, October 13, 1992, Mr. Murtha; Richard Frank Celeste, of Ohio, to be Am- Post: AZERBAIJAN $1000, January 30, 1992, John Dingell; $1000, bassador Extraordinary and Plenipotentiary January 30, 1992, Johnston for Congress; $500, Nominee: Stanley T. Escudero The following is a list of all members of of the United States of America to India. May 5, 1992, Tim Roemer; $300, May 26, 1992, Nominee: Richard Frank Celeste. Bill Richardson; $500, September 16, 1992, my immediate family and their spouses. I Post: Ambassador to India. Tim Roemer; $500, September 16, 1992, Tim have asked each of these persons to inform The following is a list of all members of Roemer; $500, September 30, 1992, Ben Camp- me of the pertinent contributions made by my immediate family and their spouses. I bell; $200, October 14, 1992, Bill Richardson; them. To the best of my knowledge, the in- have asked each of these persons to inform $250, March 12, 1993, Rick Boucher; $1000, De- formation contained in this report is com- me of the pertinent contributions made by cember 31, 1993, Jim Cooper; $1000, May 10, plete and accurate. them. To the best of my knowledge, the in- 1994, Leslie Byrne; $250, July 12, 1994, Oberly Contributions, Amount, Date, and Donee. formation contained in this report is com- Senate Com.; $1000, August 16, 1994, Sullivan 1. Self, None. plete and accurate. for Senate; $500, August 26, 1994, Doug Costle; 2. Spouse, None. Contributions, amount, date, donee: 1995, NONE; $3000, May 15, 1996, DNC-Non 3. Children and Spouses, S. Alexander C. 1. Self, $500, 10/15/96 Tom Sawyer Com- Federal; $20,000, May 15, 1996, DNC Services Escudero (Unmarried), None. W. Benjamin P. mittee; $100, 3/12/96, Friends of Max Cleland; Corp.; $500, September 30, 1996, Navarro for Escudero (Unmarried), None. $1000, 8/5/96, Victory ’96, $100, 8/31/94, Citizens Congress; $1000, October 23, 1996, Tom 4. Parents, Estelle T. Damgaard, None. for Wofford; $50, 8/31/94, Jules Levine Com- Bruggere for Senate; $1000, April 8, 1996, Clin- Stanley D. Escudero (Father, Deceased). mittee; $100, 8/31/94, George Brown Campaign; ton/Gore Primary; $100, April 15, 1996, John 5. Grandparents, William Tuemler (De- $100, 1/92, Cordrey for Congress; $50, 9/92, Baldacci; $1000, June 30, 1996, Ieyoub for Sen- ceased), Mary Tuemler (Deceased). Manuel George Brown Campaign; $250, 8/92, Geraldine ate; $1000, October 21, 1996, Orton for Con- Escudero (Deceased), Mabel Escudero (De- Ferraro Senate Campaign; $250, 5/12/95, Clin- gress; $1000, October 22, 1996, Dennis ceased). ton-Gore ’96 Primary; $25, 5/23/94, Friends of Kucinich; $150, November, 1996, People for 6. Brothers and Spouses, None. Max Cleland; $50, 11/18/93, Tom Sawyer Com- Rick Weiland; $2000, December, 1996, DNC. 7. Sisters and Spouses, None. mittee. 2. KATHLEEN M. LINEHAN (Spouse), $500, Shaun Edward Donnelly, of Indiana, a Ca- 2. Spouse, Jacqueline Ruth Lundquist, May 11, 1992, Billy Tauzin; $250, June 22, 1992, reer Member of the Senior Foreign Service, none. Malcom Wallop; $500, September 18, 1992, Class of Minister-Counselor, to be Ambas- 3. Children and spouses; Eric Frank Ce- Johnston for Congress; $250, September 21, sador Extraordinary and Plenipotentiary of leste, Mary Hess (spouse), $25, 3/26/92, Brown 1992, Phil Sharp; $200, September 4, 1992, the United States of America to the Demo- for President; Christopher Arthur Celeste, Coleman for Congress; $200, September 18, cratic Socialist Republic of Sri Lanka, and $40 100/92, Cordrey for Congress; Melanie Ce- 1992, Rick Boucher; $500, July 27, 1992, Ben to serve concurrently and without additional leste (spouse) $100, /96, Victory ’96; Maria Campbell; compensation as Ambassador Extraordinary Gabrielle Celeste, none, Marie Teresa Noelle 3. Children and Spouses, None. and Plenipotentiary of the United States of Celeste, none, Natalie Marie Celeste, None, 4. Parents, Cecelia Gabriel (deceased). America to the Republic of Maldives. Stephen Michael Theodore, Celeste, none. Michael Gabriel (deceased). Nominee: Shaun Edward Donnelly. 4. Parents names, Frank P. Celeste (de- 5. Grandparents, Michael and Mary Moses Post: U.S. Ambassador, Sri Lanka and ceased 1988), Margaret L. Celeste (deceased (deceased). Maldives. 1993). John and Esma Gabriel (deceased). The following is a list of all members of 5. Grandparents names, Theodore and Eliz- 6. Brothers and Spouses, None. my immediate family and their spouses. I abeth Louis Samuel and Caroline Celeste (all 7. Sisters and Spouses, Mary and Ulrich R. have asked each of these persons to inform grandparents deceased by 1976) . Schlegel, $25, 1995; Frank Wolf; $100, August me of the pertinent contributions made by 6. Brothers and spouses names, Theodore 7, 1996, Clinton/Gore-GELAC; $100, September them. To the best of my knowledge, the in- Samuel Celeste, $192, 3/5/96, (federal account),

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11675 Ohio Democratic Party; Bobbie Lynn Ce- lings; $750.00, 6/5/96, Clinton-Gore ’96; $345.00, Class of Counselor, for the rank of Ambas- leste, $40, 6/28/96, Strickland for Congress. 5/95, VLMBH–PAC; $345.00, 4/95, VLMBH– sador during his tenure of service as Head of 7. Sisters and spouses names, Mary Patri- PAC; $125.00, 4/20/95, Emily’s List; $345.00, 3/ the United States Delegation to the Organi- cia Hoffman (divorced) none. 95, VLMBH–PAC; $345.00, 2/95, VLMBH–PAC; zation for Security and Cooperation in Eu- $345.00, 1/95, VLMBH–PAC; $740.00, 10/94, rope (OSCE). Timothy Michael Carney of Washington, a VLMBH–PAC; $990.00, 10/17/94, Friends of Jim Cheryl F. Halpern, of New Jersey, to be a Career Members of the Senior Foreign Serv- Cooper; $10.00, 10/94, Friends of Jim Cooper Member of the Broadcasting Board of Gov- ice, Class of Minister-Counselor, to be Am- (cash); $1,000.00, 10/1/94, Kennedy for Senate; ernors for a term expiring August 13, 1999. bassador Extraordinary and Plenipotentiary $100.00, 9/20/94, Adkisson for Congress; $250.00, (Reappointment) of the United States of America to the Re- 9/8/94, Friends of Jim Folsom; $413.00, 8/94, Thomas H. Fox, of the District of Colum- public of Haiti. VLMBH–PAC; $500.00, 8/10/94, Brennan for bia, to be an Assistant Administrator of the Nominee: Timothy Michael Carney. Governor; $1,000.00, 3/15/94, Lautenberg Cam- Agency for International Development. Post: Ambassador to the Republic of Haiti. paign; $500.00, 3/15/94, Cooper for Senate Cam- Ordered, that the following nomina- The following is a list of all members of paign; $413.00, 2/94, VLMBH–PAC; $413.00, 1/94, tion be referred to the Committee on my immediate family and their spouses. I VLMBH–PAC; $400.00, 12/93, VLMBH–PAC; Foreign Relations: have asked each of these persons to inform $400.00, 11/93 VLMBH–PAC; $400.00, 10/93, Mark Erwin, of North Carolina, to be a me of the pertinent contributions made by VLMBH–PAC; $400.00, 9/93, VLMBH–PAC; Member of the Board of Directors of the them. To the best of my knowledge, the in- $400.00, 8/93, VLMBH–PAC; $400.00, 7/93, Overseas Private Investment Corporation for formation contained in this report is com- VLMBH–PAC; $400.00, 5/93, VLMBH–PAC; a term expiring December 17, 1999. plete and accurate. $400.00, 4/93, VLMBH–PAC; $400.00, 3/93, Contributions, amount, date, donee: VLMBH–PAC; $400.00, 2/93, VLMBH–PAC. Ordered, that the following nomina- Self, none. 2. David E. Dunn, $100.00, 4/24/97, Texas Net- tion be referred to the Committee on 2. Spouse Victoria A. Butler, none. work; $250.00, 9/30/96, Roger Bedford for U.S. Foreign Relations: 3. Children and Spouses names, Anne H.D. Senate; $1,000.00, 7/26/96, Clinton-Gore Terrence J. Brown, of Virginia, a Career Carney (unmarried), Declined to state for GELAC; $250.00, 5/17/95, Friends of Senator privacy reasons. Member of the Senior Foreign Service, Class Joe Loeper; $1,000.00, 6/5/95, Clinton/Gore ’96; of Career Minister, to be an Assistant Ad- 4. Parents names, Clement E. Carney (de- $1,000.00, 4/18/95, Murtha for Congress; $500.00, ceased), Marjorie S. Carney (stepmother-de- ministrator of the Agency for International 8/10/94, Drew Grigg (States Attorney); Development. clines to specify), Jane Booth (mother-de- $1,000.00, 7/27/94, Harris Wofford for Senate; ceased), Kenneth Booth (stepfather, none). Hank Brown, of Colorado, to be a Member $250.00, 6/14/94, Rodham for Senate; $100.00, 4/ of the United States Advisory Commission 5. Grandparents names, Mr. and Mrs. P 21/94, Hogsett for Congress; $500.00, 3/14/94, Carney (deceased), Mr. and Mrs. J. Byrne (de- on Public Diplomacy for a term expiring Drew Grigg (States Attorney); $100.00, 1/10/94, April 6, 2000. ceased). Committee for Mary Boerges. 6. Brothers and spouses names, Brian B. Richard Sklar, of California, to be an Al- 3. Children and spouses names, David ternate Representative of the United States Carney (declines to specify), Jane V. Carney Bondurant Dunn, none. (declines to specify). of America to the Sessions of the General 4. Parents names, Doris Bondurant, none, Assembly of the United Nations during his 7. Sisters and spouses names, Sharon J. Judge John Bondurant, $25.00, 3/27/97, DCCC; Carney, (divorced), none. tenure of service as Representative of the $100.00, 3/18/97, DNC; $50.00, 1/10/97, DCCC; United States of America to the United Na- $25.00, 11/96, DCCC; $19.96, 10/3/96, Null for Amy L. Bondurant, of the District of Co- tions for UN Management and Reform. Congress; $50.00, 8/23/96, Dennis Null for Con- lumbia, to be Representative of the United Harriet C. Babbitt, of Arizona, to be Dep- gress; $100.00, 8/12/96, DNC; $50.00, 6/24/96, States of America to the Organization for uty Administrator of the Agency for Inter- DCCC; $150.00, 3/21/96, Clinton-Gore re-elect; Economic Cooperation and Development, national Development. $150.00, 4/27/95, Clinton-Gore re-elect; $50.00, A. Peter Burleigh, of California, to be a with the rank of Ambassador. 10/5/94, Barlow for Congress; $50.00, 1/26/94, Representative of the United States of Amer- Nominee: Amy Bondurant. DNC; $150.00, 5/7/93, DNC; $50.00 3/8/93, DNC. Post: Ambassador to OECD. ica to the Sessions of the General Assembly 5. Grandparents, names, Hoyt Bell, de- The following is a list of all members of of the United Nations during his tenure of ceased; Flora Amy Ragsdale Bell, deceased; my immediate family and their spouses. I service as deputy Representative of the Clarence Crittenden Bondurant, deceased; have asked each of these persons to inform United States of America to the United Na- and Lucy Burrus Bondurant, deceased. me of the pertinent contributions made by tions. 6. Brothers and spouses names, none. Bill Richardson, of New Mexico, to be a them. To the best of my knowledge, the in- 7. Sistems and spouses names, Lucy Wil- Representative of the United States of Amer- formation contained in this report is com- son, none, her spouse, Max Wilson, none, Ann ica to the Sessions of the General Assembly plete and accurate. Bondurant, None. Contributions, amount, date, donee: of the United Nations during his tenure of 1. Self, $250.00, 1/26/97, Committee for Wen- service as Representative of the United Christopher C. Ashby, of Connecticut, to be dell Ford; $135.50 12/96, VLMBH–PAC (Verner, States of America to the United Nations. Ambassador Extraordinary and Pleni- Frank D. Yturria, of Texas, to be a Mem- Liipfert Political Action Committee); $250.00, potentiary of the United States of America ber of the Board of Directors of the Inter- 10/25/96, Gordon for Senate; $100.00, 10/2/96, to the Oriental Republic of Uruguay. American Foundation for a term expiring Friends of Patrick Kennedy; $100.00, 9/26/96, Nominee: Christopher Ashby. June 26, 2002. (Reappointment) David Price for Congress; $250.00, 9/26/96, Post: Ambassador to Uruguay. Julia Taft, of the District of Columbia, to Keefe for Congress 1996; $500.00, 9/17/96, The following is a list of all members of be an Assistant Secretary of State. Torricelli for Senate; $1,400.00, 8/21/96, Demo- my immediate family and their spouses. I Carl Spielvogel, of New York, to be a Mem- cratic National Committee (’96 convention); have asked each of these persons to inform ber of the Broadcasting Board of Governors $1,000.00, 7/26/96, Clinton/Gore ’96 GELAC; me of the pertinent contributions made by for a term expiring August 13, 1999. (Re- $300.00, 7/23/96, Citizens Committee for Ernest them. To the best of my knowledge, the in- appointment) F. Hollings; $250.00, 7/23/96, Coloradans for formation contained in this report is com- Nancy H. Rubin, of New York, for the rank David Skaggs; $500.00, 7/6/96, Ward for Con- plete and accurate. of Ambassador during her tenure of service gress; $75.00, 6/18/96, Jim McGovern for Con- Contributions, amount, date, donee: as Representative of the United States of gress; $125.00, 6/18/96, Friends of Jay Rocke- 1. Self, $1,000, 7/95, Clinton-Gore Campaign. America on the Human Rights Commission feller; $250.00, 6/18/96, The Picard for Congress 2. Spouse, Amy Ashby, $25, 1/96. DNC. of the Economic and Social Council of the Committee; $250.00, 5/28/96, Brennen for U.S. 3. Children and Spouses names, Chris- United Nations. Senate; $1,000.00, 3/28/96, Steve Owens for topher Ashby Jr, Anson Ashby, None. B. Lynn Pascoe, of Virginia, a Career Mem- Congress; $100.00, 3/26/96, Price for Congress; 4. Parents names, Patrick Ashby, none, ber of the Senior Foreign Service, Class of $1,000.00, 3/13/96, Beshear for Senate; John E. Ashby, deceased, Lillian Minister-Counselor, for the rank of Ambas- ($4,116.00), 2/96, Returned pre-payment from Weddington, none. sador during his tenure of service as Special PAC (paid in installments); $100.00, 1/30/96, 5. Grandparents names, all grandparents Negotiator for Nagorno-Karabakh. Cummings for Congress; $500.00, 1/30/96, deceased. Thomas J. Miller, of Virginia, a Career Friends of Jane Harman for Congress; 6. Brothers and spouses names John E. Member of the Senior Foreign Service, Class $4,116.00, 1/4/96, VLBMH–PAC (pre-payment of Ashby Jr, $500, 92–96, Various Texas Repub- of Minister-Counselor, for the rank of Am- contribution); $500.00, 11/8/95, Tim Johnson licans, Lynn Ashby, none. bassador during his tenure of service as Spe- for South Dakota; $1,000.00, 11/8/95, Ron 7. Sisters and spouses names, Nancy Clark, cial Coordinator for Cyprus. Wyden for Senate; $345.00, 10/95, VLMBH– none. Penne Percy Korth, of Texas, to be a Mem- PAC; $1,000.00, 10/18/95, Effective Government Mary Mel French, of the District of Colum- ber of the United States Advisory Commis- Committee; $500.00, 10/16/95, Torricelli for bia, to be Chief of Protocol, and to have the sion on Public Diplomacy for a term expiring Senate; $345.00, 9/95, VLMBH–PAC; $250.00, 9/ rank of Ambassador during her tenure of July 1, 2000. 27/95, Clinton/Gore ’96; $345.00, 8/95, VLMBH– service. Betty Eileen King, of Maryland, to be an PAC; $345.00, 7/95, VLMBH–PAC; $300.00, 6/13/ David Timothy Johnson, of Georgia, a Ca- Alternate Representative of the United 95, Citizens Committee for Ernest F. Hol- reer Member of the Senior Foreign Service, States of America to the Sessions of the

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11676 CONGRESSIONAL RECORD — SENATE November 4, 1997 General Assembly of the United Nations dur- as Consular Officers and Secretaries in the national Development for promotion into the ing her tenure of service as Representative of Diplomatic Service, as indicated: Senior Foreign Service. the United States of America on the Eco- Career Members of the Senior Foreign Career Members of the Senior Foreign nomic and Social Council of the United Na- Service of the United States of America, Service of the United States of America, tions. Class of Counselor: Class of Counselor: Phyllis E. Oakley, of Louisiana, to be an Michael Donald Bellows, of Iowa Hilda Marie Arellano, of Texas Assistant Secretary of State. Peter William Bodde, of Maryland Priscilla Del Bosque, of Oregon (The above nominations were re- Martin G. Brennan, of California Ronald D. Harvey, of Texas ported with the recommendation that Wayne Jeffrey Bush, of Oregon Peter Benedict Lapera, of Florida Peter H. Chase, of Washington George E. Lewis, of Washington they be confirmed, subject to the nomi- Phillip T. Chicola, of Florida nees’ commitment to respond to re- Wayne R. Nilsestuen, of Maryland Laura A. Clerici, of South Carolina Joy Riggs-Perla, of Virginia quests to appear and testify before any Frank John Coulter, Jr., of Maryland David Livingstone Rhoad, of Virginia duly constituted committee of the Sen- Caryl M. Courtney, of West Virginia F. Wayne Tate, of Virginia ate.) Anne E. Derse, of Michigan The following-named Career Members of Milton K. Drucker, of Connecticut Mr. HELMS. Mr. President, for the the Foreign Service for promotion into the David B. Dunn, of California Committee on Foreign Relations, I also Senior Foreign Service, and for appointment William A. Eaton, of Virginia as Consular Officers and Secretaries of the report favorably three nomination lists Reed J. Fendrick, of New York in the Foreign Service which were Diplomatic Service, as indicated: Robert Patrick John Finn, of New York Career Members of the Senior Foreign printed in full in the CONGRESSIONAL Robert W. Fitts, of New Hampshire Service of the United States of America, RECORDS of September 3, October 8 and Gregory T. Frost, of Iowa Class of Counselor: 9, 1997, and ask unanimous consent, to Walter Greenfield, of the District of Colum- save the expense of reprinting on the bia Joanne T. Hale, of California Executive Calendar, that this nomina- Michael E. Guest, of South Carolina The following-named persons of the agen- cies indicated for appointment as Foreign tion lie at the Secretary’s desk for the Richard Charles Hermann, of Iowa Ravic Rolf Huso, of Virginia Service Officers of the classes stated, and information of Senators. James Franklin Jeffrey, of Massachusetts also for the other appointments indicated The PRESIDING OFFICER. Without Laurence Michael Kerr, of Ohio herewith: objection, it is so ordered. Cornelis Mathias Keur, of Michigan For appointment as Foreign Service Offi- (The nominations ordered to lie on Scott Frederic Kilner, of California cer of Class One, Consular Officer and Sec- the Secretary’s desk were printed in Sharon A. Lavorel, of Hawaii retary in the Diplomatic Service of the the RECORDS on September 3, October 8 Joseph Evan LeBaron, of Oregon United States of America: and 9, 1997, at the end of the Senate Rose Marie Likins, of Virginia AGENCY FOR INTERNATIONAL DEVELOPMENT Joseph A. Limprecht, of California Richard B. Howard, of California proceedings.) R. Niels Marquardt, of California The following-named Career Members of Roger Allen Meece, of Washington U.S. INFORMATION AGENCY the Senior Foreign Service of the Depart- Gillian Arlette Milovanovic, of Pennsylvania Robert James Bigart, Jr., of New York ment of State for promotion in the Senior James F. Moriarty, of Massachusetts Sue K. Brown, of Texas Foreign Service to the classes indicated: Rosil A. Nesberg, of Washington Cathy Taylor Chikes, of Virginia Career Members of the Senior Foreign Stephen James Nolan, of Pennsylvania Renate Zimmerman Coleshill, of Florida Service of the United States of America, Larry Leon Palmer, of Georgia James R. Cunningham, of Virginia Class of Career Minister: Sue Ford Patrick, of Florida Thomas E. Fachetti, of Pennsylvania Jeffrey Davidow, of Virginia Maureen Quinn, of New Jersey Linda Gray Martins, of Virginia Ruth A. Davis, of Georgia Kenneth F. Sackett, of Florida Nikita Grigorovich-Barsky, of Maryland Patrick Francis Kennedy, of Illinois David Michael Satterfield, of Texas Susan M. Hewitt, of Virginia Career Members of the Senior Foreign John F. Scott, of Iowa John D. Lavelle, Jr., of Virginia Service of the United States of America, Paul E. Simons, of New Jersey Jo Ann Quintron-Samuels, of Florida Class of Minister-Counselor: Stephen T. Smith, of Nebraska Vincent P. Raimondi, of New York Joseph D. Stafford III, of Florida Raymond E. Simmerson, of Maryland Vincent M. Battle, of New York George McDade Staples, of California Robert D. Smoot, of Florida Robert M. Beecroft, of Maryland Doris Kathleen Stephens, of Arizona Carol J. Urban, of the District of Columbia William M. Bellamy, of California Sharon Anderholm Wiener, of Ohio Patricia L. Waller, of California Peter Edward Bergin, of Maryland Herbert Yarvin, of California John William Blaney, of California For appointment as Foreign Service Offi- William Joseph Burns, of Pennsylvania Career Members of the Senior Foreign cer of Class Two, Consular Officer and Sec- John Campbell, of Virginia Service, Class of Counselor, and Consular Of- retary in the Diplomatic Service of the John A. Collins, Jr., of Maryland ficers and Secretaries in the Diplomatic United States of America: James B. Cunningham, of Pennsylvania Service of the United States of America: AGENCY FOR INTERNATIONAL DEVELOPMENT Robert Sidney Deutsch, of Virginia Mary Janice Fleck, of Tennessee Carey N. Gordon, of Florida Cedric E. Dumont, M.D., of Maryland Robert J. Franks, of Virginia Cecil Duncan McFarland, of Kentucky Barbara J. Griffiths, of Virginia Burley P. Fuselier, of Virginia Stephen Huxley Smith, of New Hampshire Sidney L. Kaplan, of Connecticut Lino Gutierrez, of Florida U.S. INFORMATION AGENCY Barbara S. Harvey, of the District of John J. Keyes III, of Florida Columbia Robert K. Novak, of Washington Ergibe A. Boyd, of Maryland Patrick R. Hayes, of Maryland Anita G. Schroeder, of Virginia Timothy James Dodman, of Nebraska Donald S. Hays, of Virginia Charles E. Sparks, of Virginia Samuel G. Durrett, of Virginia John C. Holzman, of Hawaii Joseph Thomas Yanci, of Pennsylvania Stanley E. Gibson, of Ohio Sarah R. Horsey, of California The following-named Career Members of Paul Lawrence Good, of California William H. Itoh, of New Mexico the Senior Foreign Service of the Agency for Gayle Carter Hamilton, of Texas Daniel A. Johnson, of Florida International Development for promotion in Betty Diane Jenkins, of Virginia Donald C. Johnson, of Texas the Senior Foreign Service to the classes in- Gerald K. Kandel, of Nevada Richard H. Jones, of Virginia dicated: Mary A. McCarter-Sheehan, of Kansas John F. Keane, of New York Career Member of the Senior Foreign Serv- Margaret C. Ososky, of the District of ice of the United States of America, Class of Marisa R. Lino, of Oregon Columbia Career Minister: Michael W. Marine, of Connecticut Deloris D. Smith, of Maryland William C. McCahill, of New Jersey Carl H. Leonard, of Virginia Michele Isa Sprechman, of New York William Dale Montgomery, of Pennsylvania Career Members of the Senior Foreign For appointment as Foreign Service Offi- Janet Elaine Mules, M.D., of Washington Service of the United States of America, cer of Class Three, Consular Officer and Sec- Robert C. Reis, Jr., of Missouri Class of Minister-Counselor: retary in the Diplomatic Service of the Edward Bryan Samuel, of Florida Donald Bolyston Clark, of New Hampshire United States of America: Theodore Eugene Strickler, of Texas Toni Christiansen-Wagner, of Colorado AGENCY FOR INTERNATIONAL DEVELOPMENT Robert J. Surprise, of Virginia Kathleen Dollar Hansen, of Virginia Timothy H. Anderson, of Virginia John F. Tefft, of Virginia Donald L. Pressley, of Virginia John A. Beed, of Maryland Robert E. Tynes, of Virginia Henry W. Reynolds, of Florida Peter R. Hubbard, of California The following-named Career Members of John A. Tennant, of California George R. Jiron, Jr., of New Mexico the Foreign Service for promotion into the The following-named Career Members of Cynthia Diane Pruett, of Texas Senior Foreign Service, and for appointment the Foreign Service of the Agency for Inter- Glenn Roy Rogers, of Texas

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11677 David P. Young, of Virginia Consular Officers and Secretaries in the Wylma Christina Samaranayke Robinson, of U.S. INFORMATION AGENCY Diplomatic Service of the United States of Virginia Miriam W. Adofo, of Maryland America: Elbert George Ross, of Texas Sandra L. Davis, of Maryland Robert Leslie Barco, of Virginia Frances S. Ross, of Virginia Barbara J. DeJournette, of North Carolina Jennifer Barlament, of Virginia James P. Sanchez, of Virginia Lonnie Kelley, Jr., of Texas Robert H. Bates, of Virginia Stelianos George Scarlis, of Virginia Diane M. Lacroix, of New Hampshire Michael Richard Belanger, of Maryland Jonathan Andrew Schools, of Texas Barbara L. McCarthy, of Virginia Ralph W. Bild, of Virginia Nicholas E.T. Siegel, of Connecticut Howard Solomon, of Kansas DEPARTMENT OF STATE Timothy Hayes Bouchard, of Virginia Nancy E. Bond, of Virginia Anne R. Sorensen, of New York Rhonda J. Watson, of Florida Mary Susan Bracken, of Virginia Susan Scopetski Snyder, of Virginia For appointment as Foreign Service Offi- Mark B. Burnett, of California Dana Edward Sotherlund, of Virginia cers of Class Four, Consular Officers and Sec- Gerard Cheyne, of Connecticut Michael Christopher Speckhard, of Virginia retaries in the Diplomatic Service of the Karen Kyung Won Choe, of New York Bonnie Phillips Sperow, of Virginia United States of America: Lynn M. Clemons, of Virginia David T. Stadelmyer, of Virginia DEPARTMENT OF AGRICULTURE Kent E. Clizbe, of Virginia William M. Susong, of Virginia Joseph M. Carroll, of the District of Colum- Michael A. Collier, of Maryland Mary G. Thompson, of Virginia bia Timothy Edward Corcoran, of Virginia Melanie F. Ting, of Virginia David N. Kiefner, of Pennsylvania Glenn A. Corn, of Virginia Alexander Tounger, of Virginia DEPARTMENT OF STATE Whitney Anthony Coulon III, of Virginia W. Jean Watkins, of Florida Sonya Anjali Engstrom Watts, of Iowa Stephen C. Anderson, of Missouri Erin James Coyle, of Virginia Richard Marc Weiss, of Virginia Alina Arias-Miller, of Indiana Allen Bruce Craft, of Maryland Steven J. Whitaker, of Florida Robert Lloyd Batchelder, of Colorado Daniel T. Crocker, of North Carolina Austin Roger Wiehe, of Virginia Robert Stephen Beecroft, of California Anne Elizabeth Davis, of Georgia Shelly Montgomery Williams, of the District Drew Gardner Blakeney, of Texas Shirley Nelson Dean, of Virginia of Columbia Richard C. Boly, of Washington Christopher James Del Corso, of New York Eric Marshall Wong, of California Katherine Ann Brucker, of California Lilburn S. Deskins III, of Missouri Robert P. Woods, of Virginia Marilyn Joan Bruno, of Florida Joseph Marcus DeTrani, of Virginia Sally A. Cochran, of Florida Stewart Travis Devine, of Florida For appointment as Consular Officer and Christina Dougherty, of Virginia Peter M. Dillon, of Maryland Secretary in the Diplomatic Service of the Patrick Michael Dunn, of Florida Mark Duane Dudley, of Virginia United States of America, effective July 12, Samuel Dickson Dykema, of Wisconsin Elizabeth A. Duncan, of Illinois 1994: Ruta D. Elvikis, of Texas Ellen M. Dunlap, of Florida U.S. INFORMATION AGENCY Ian Fallowfield Dunn, of Virginia Lisa B. Gregory, of Pennsylvania Susan Ziadeh, of Washington Kathleen M. Hamann, of Washington Edith D. Early, of Virginia Jeffrey J. Hawkins, of California Cynthia C. Echeverria, of Illinois The following-named Career Member of the Lisa Ann Henderson Harms, of Pennsylvania David Abraham E1-Hinn, of California Foreign Service of the Department of State John Robert Higi, of Florida G. Michael Epperson, of Maryland for promotion into the Senior Foreign Serv- Robyn A. Hooker, of Florida Elizabeth A. Fernandez, of Virginia ice to the class indicated, effective October Raymond Eric Hotz, of Kentucky Romulo Andres Gallegos, of Illinois 16, 1994: James J. Hunter, of New Jersey James Garry, of the District of Columbia Career Member of the Senior Foreign Serv- Mary B. Johnson, of Indiana Heather Gifford, of the District of Columbia ice of the United States of America, Class of Wendy Meroe Johnson, of California Jaime A. Gonzalez, of Virginia Counselor: Lisa S. Kierans, of New Jersey Alison E. Graves, of Virginia Kenneth Alan Duncan, of Connecticut Douglas A. Koneff, of Florida Harriet Ann Halbert, of Virginia The following-named Career Member of the Evan A. Kopp, of California Donovan John Hall, of Virginia Foreign Service of the Department of State Kimberly Constance Krhounek, of Nebraska Ruth I. Hammel, of Ohio for promotion in the Senior Foreign Service Daniel J. Kritenbrink, of Virginia Robert W. Henry, of Virginia to the class indicated, effective November 28, Timothy P. Lattimer, of California Ellen Mackey Hoffman, of Virginia 1993: Susan M. Lauer, of Florida Dereck J. Hogan, of New Jersey Career Member of the Senior Foreign Serv- Jessica Sue Levine, of Massachusetts Mimi M. Huang, of Michigan ice of the United States of America, Class of Alexis F. Ludwig, of California Gregory H. Jesseman, of Virginia Counselor: Nicholas Jordan Manring, of Washington Anthony L. Johnson, of Virginia Richard T. Miller, of Texas Paul Overton Mayer, of Kansas Jocelyn Hernried Johnston, of Maryland James A. McNaught, of Florida Laurel M. Kalnoky, of Virginia (The above nominations were re- Stephen Howard Miller, of Maryland Margaret Lynn Kane, of Ohio ported with the recommendation that Margaret Gran Mitchell, of Maryland Laura Vaughn Kirk, of Virginia they be confirmed, subject to the nomi- James D. Mullinax, of Washington Tan Van Le, of Maryland nees’ commitment to respond to re- Nels Peter Nordquist, of Montana Gabrielle T. Legeay, of Virginia Mark Brendan O’Connor, of Florida quests to appear and testify before any Mark Edward Lewis, of Virginia duly constituted committee of the Sen- Stuart Everett Patt, of California Marc Daniel Liebermann, of Maryland Beth A. Payne, of Virginia Marvin Suttles Massey III, of Virginia ate.) Joan A. Polaschik, of Virginia Douglas John Mathews, of Virginia By Mr. ROTH, from the Committee on Fi- Ashley R. Profaizer, of Texas Michael H. Mattei, of Virginia nance: John Robert Rodgers, of Virginia Timothy John McCullough, of Virginia Nancy Killefer, of Florida, to be an Assist- Paul F. Schultz III, of Virginia Christopher Andrew McElvein, of Virginia ant Secretary of the Treasury. Donald Mark Sheehan, of Virginia Victor Manuel Mendez, of Virginia (The above nomination was reported Roger A. Skavdahl, of Texas Andrew Benjamin Mitchell, of Texas Phillip John Skotte, of New York with the recommendation that she be Trevor W. Monroe, of Virginia confirmed, subject to the nominee’s Anton Kurt Smith, of Arkansas Stephen B. Munn, of Alabama Willard Tenney Smith, of Texas Brian Patrick Murphy, of Virginia commitment to respond to requests to Sean B. Stein, of Utah Philip T. Nemec, of Washington appear and testify before any duly con- Lesslie C. Viguerie, of Virginia Paul Francis Crocker Nevin, of Florida stituted committee of the Senate.) Peggy Jeanne Walker, of Arizona Stephen P. Newhouse, of California f Benjamin Weber, of New Jersey Denise E. Nixon, of Virginia Kenneth M. Wetzel, of Virginia Mai-Thao T. Nguyen, of Texas INTRODUCTION OF BILLS AND Stephanie Turco Williams, of Texas Lawrence E. O’Connell, of Virginia JOINT RESOLUTIONS Margaret G. Woodburn, of Minnesota Elizabeth Anne O’Connor, of Virginia Barbara Ann Bootes Yoder, of Florida The following bills and joint resolu- Michael T. Oswald, of Connecticut tions were introduced, read the first U.S. INFORMATION AGENCY Kathleen G. Owen, of Virginia Elizabeth A. Cemal, of Virginia Todd Harold Pavela, Jr., of Virginia and second time by unanimous con- The following-named Members of the For- Richard T. Pelletier, of Maryland sent, and referred as indicated: eign Service of the Department of Commerce David M. Rabette, of Virginia By Mr. JEFFORDS (for himself, Mr. and the Department of State to be Consular Deborah L. Reynolds, of Virginia INHOFE, Mr. AKAKA, Mr. CONRAD, Mr. Officers and/or Secretaries in the Diplomatic Phillip C. Reynolds, of Virginia REID, Ms. COLLINS, Mr. CRAIG, Mr. Service of the United States of America, as Sara C. Reynolds, of Virginia DASCHLE, Mr. MURKOWSKI, and Ms. indicated: Sara Darroch Robertson, of Virginia SNOWE):

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11678 CONGRESSIONAL RECORD — SENATE November 4, 1997 S. 1359. A bill to amend title 38, United SUBMISSION OF CONCURRENT AND former military personnel. I urge Con- States Code, to limit the amount of SENATE RESOLUTIONS gress to correct this injustice to our recoupment from veteran’s disability com- The following concurrent resolutions Nation’s veterans and provide these pensation that is required in the case of vet- veterans with the proper compensation erans who have received certain separation and Senate resolutions were read, and payments from the Department of Defense; referred (or acted upon), as indicated: they deserve. to the Committee on Veterans Affairs. By Mr. MCCAIN (for himself and Mr. By Mr. ABRAHAM (for himself, By Mr. ABRAHAM (for himself, Mr. THOMAS): Mr. KENNEDY, Mr. D’AMATO, Mr. KENNEDY, Mr. D’AMATO, Mr. LEAHY, S. Con. Res. 60. A concurrent resolution ex- Mr. GRAMS, Mr. DORGAN, Ms. COL- pressing the sense of Congress in support of LEAHY, Mr. GRAMS, Mr. DOR- LINS, Mrs. MURRAY, Mr. BURNS, and efforts to foster friendship and cooperation GAN, Ms. COLLINS, Mrs. MUR- Ms. SNOWE): between the United States and Mongolia, RAY, Mr. BURNS, and Ms. S. 1360. A bill to amend the Illegal Immi- and for other purposes; to the Committee on SNOWE): gration Reform and Immigrant Responsi- Foreign Relations. S. 1360. A bill to amend the Illegal bility Act of 1996 to clarify and improve the f Immigration Reform and Immigrant requirements for the development of an Responsibility Act of 1996 to clarify automated entry-exit control system, to en- STATEMENTS ON INTRODUCED and improve the requirements for the hance land border control and enforcement, BILLS AND JOINT RESOLUTIONS and for other purposes; to the Committee on development of an automated entry- the Judiciary. By Mr. JEFFORDS (for himself, exit control system, to enhance land By Mr. KOHL (for himself and Mr. Mr. INHOFE, Mr. AKAKA, Mr. border control and enforcement, and FEINGOLD): CONRAD, Mr. REID, Ms. COLLINS, for other purposes; to the Committee S. 1361. A bill to provide for the appoint- Mr. CRAIG, Mr. DASCHLE, Mr. on the Judiciary. ment of 1 additional Federal district judge MURKOWSKI, and Ms. SNOWE): THE BORDER IMPROVEMENT AND IMMIGRATION for the eastern district of Wisconsin, and for S. 1359. A bill to amend title 38, ACT OF 1997 other purposes; to the Committee on the Ju- United States Code, to limit the Mr. ABRAHAM. Mr. President, today diciary. amount of recoupment from veterans’ By Mr. GRASSLEY (for himself and I am introducing legislation to address Mr. BREAUX): disability compensation that is re- a problem that has been attracting sig- S. 1362. A bill to promote the use of uni- quired in the case of veterans who have nificant concern not only in my State versal product members on claims forms received certain separation payments of Michigan, but also in many other used for reimbursement under the medicare from Department of Defense; to the northern border States as well as along program; to the Committee on Finance. Committee on Veterans’ Affairs. the southern border. This bill, entitled By Mr. CHAFEE: THE VETERANS’ DISABILITY BENEFITS RELIEF ‘‘The Border Improvement and Immi- S. 1363. A bill to amend the Sikes Act to ACT OF 1997 enhance fish and wildlife conservation and gration Act of 1997,’’ will also add des- natural resources management programs, Mr. JEFFORDS. Mr. President, today perately needed resources for border and for other purposes; to the Committee on I rise to introduce the Veterans’ Dis- control and enforcement at the land Environment and Public Works. ability Benefits Relief Act. This legis- borders. By Mr. MCCAIN (for himself and Mr. lation would address an unfair provi- I am proud to have a broad range of LEVIN): sion that double taxes veterans who bipartisan support on this bill and to S. 1364. A bill to eliminate unnecessary and participate in military downsizing pro- have as original cosponsors Senators wasteful Federal reports; to the Committee grams run by the Department of De- KENNEDY, D’AMATO, LEAHY, GRAMS, on Governmental Affairs. fense [DOD]. DORGAN, COLLINS, MURRAY, BURNS, and By Ms. MIKULSKI: Mr. President, since 1991, in an effort S. 1365. A bill to amend title II of the So- SNOWE. cial Security Act to provide that the reduc- by the DOD to downsize the armed This legislation is needed to clarify tions in social security benefits which are re- services, certain military personnel the applicability of a small provision of quired in the case of spouses and surviving have been eligible for either the special the 1996 Illegal Immigration Reform spouses who are also receiving certain Gov- separation benefit [SSB] or the vol- and Immigrant Responsibility Act— ernment pensions shall be equal to the untary separation incentive [VSI] pro- section 110 of that act. That section re- amount by which two-thirds of the total gram. However, SSB or VSI recipients quires the Immigration and Naturaliza- amount of the combined monthly benefit who are subsequently diagnosed with a tion Service to develop, by September (before reduction) and monthly pension ex- service-connected disability must off- ceeds $1,200, adjusted for inflation; to the 30, 1998, an automated entry and exit Committee on Finance. set the full SSB/VSI amount paid to system to document the entry and de- By Mr. KERREY (for himself and Mr. that individual by withholding parture of every alien arriving in and CONRAD): amounts that would be paid as dis- leaving the United States. While that S. 1366. A bill to amend the Internal Rev- ability compensation by the Depart- may sound straightforward enough, the enue Code of 1986 to eliminate the 10 percent ment of Veterans Affairs [VA]. truth is that there could be disastrous floor for deductible disaster losses; to the Additionally, veterans who partici- consequences if this is not amended to Committee on Finance. pate in the DOD’s downsizing by select- conform with Congress’ intent and to By Mrs. HUTCHISON: ing an SSB lump sum payment or a provide a sensible approach to auto- S. 1367. A bill to amend the Act that au- thorized the Canadian River reclamation VSI monthly annuity payment, are mated entry-exit control. project, Texas to direct the Secretary of the forced to pay back the full, pretax The problem is that the term ‘‘every Interior to allow use of the project distribu- amount in disability compensation— alien’’ could be interpreted to include tion system to transport water from sources offsetting money that the veteran Canadians who cross our northern land other than the project; to the Committee on would never see with or without a serv- border—and in fact to include all aliens Energy and Natural Resources. ice-connected disability. This is a gross crossing the land borders and many By Mr. LEAHY (for himself and Mr. injustice to veterans by double taxing aliens entering elsewhere who are cur- KENNEDY): their hard-earned compensation. rently exempt from filling out immi- S. 1368. A bill to provide individuals with My bill would ease this double tax- access to health information of which they gration forms. We could literally end are the subject, ensure personal privacy with ation for all members who accept an up with intolerable backlogs and respect to personal medical records and SSB or VSI payment package and delays at the land borders and could health care-related information, impose make these alterations retroactive to end up creating a conflict with current criminal and civil penalties for unauthorized December 5, 1991. Thus, service mem- documentary requirements, such as our use of personal health information, and to bers not able to receive payment con- practice of not requiring Canadians to provide for the strong enforcement of these currently since 1991 will be reimbursed present a passport, visa or border- rights; to the Committee on Labor and for their lost compensation portion crossing identification card to enter Human Resources. that was taxed. The cost of this bill By Mr. DODD: the United States for short-term visits. S. 1369. A bill to provide for truancy pre- was estimated by CBO to be only $195 The potential problems here are gen- vention and reduction, and for other pur- million over 25 years. This is a fraction erating great concern. The United poses; to the Committee on Labor and of a percentage of our annual spending States Ambassador to Canada wrote to Human Resources. on compensation and benefits for me on October 14, for example, that he

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11679 is deeply concerned about this issue cise cost estimates are not possible at well, and I believe that the impact of and noted that ‘‘section 110 is incon- this point since we do not know what full implementation of section 110 sistent with the concerted efforts the technology could even make such an there could be equally disastrous. United States and Canada have made exit system feasible. Even as a simple Congress did not intend to wreak in recent years to improve and simplify fiscal matter, we should not be requir- such havoc on the borders. The fact is cross-border traffic flows.’’ The Cana- ing the kind of investment that would that these issues were simply not con- dian Ambassador to the United States be involved here without knowing what sidered last Congress. expressed similar concerns to me when the payoff, if any, will be, particularly Section 110 was principally designed I met with him last month. I recently where an undeveloped and untested to make entry-exit control automated, chaired a field hearing of the Immigra- system is involved. Also, at many bor- so that the system would function bet- tion Subcommittee on this issue in De- der crossings, particularly on bridges ter; it was not intended to expand doc- troit, MI, at which elected officials and or in tunnels, there simply is not room umentary requirements and immigra- industry representatives testified to construct additional facilities. tion bureaucracy into new and un- about the unprecedented traffic con- The magnitude of these problems charted territory. A simple clarifica- gestion, decreased trade, lost business cannot be overstated. As just one ex- tion of section 110 will take care of and jobs, and harm to America’s inter- ample, take the northern border, with these problems. At the same time, we national relations that could result which I am most familiar. can take steps to improve inspections from the full implementation of sec- In 1996 alone, over 116 million people at our borders and to begin to take a tion 110 in its current form. entered the United States by land from sensible and longer term approach to Mr. President, this provision was not Canada, over 52 million of whom were automated entry-exit control. intended by the law’s authors to have Canadians or United States lawful per- Mr. President, my legislation is quite the impact I just outlined. Our former manent residents. The new provision straightforward and contains three colleague, Senator Alan Simpson, who would require a stop on the U.S. side to pieces. preceded me as chairman of the Senate record the exit of every one of those 52 First, it provides that section 110’s Immigration Subcommittee, and Rep- million people. That is more than requirement that the INS develop an resentative LAMAR SMITH, who is chair- 140,000 every day; it is more than 6,000 automated entry-exit control system man of the House Immigration Sub- every hour; and more than 100 every would not apply at the land borders, to committee, wrote in a letter last year minute. And that is only in one direc- U.S. lawful permanent residents, or to to the Canadian Government that they tion. The inconvenience, the traffic, any aliens of foreign contiguous terri- ‘‘did not intend to impose a new re- and delays will be staggering. tory for whom the U.S. Attorney Gen- quirement for border crossing cards on If uncorrected, section 110 will also eral and the Secretary of State have al- Canadians who are not presently re- have a devastating economic impact. ready waived visa requirements under quired to possess such documents.’’ The free flow of goods and services that existing statutory authority. This The INS appears to maintain, how- are exchanged every day through the would maintain the status quo for law- ever, that the law as it stands does call United States and Canada has provided ful permanent residents and for a hand- for a record of each and every noncit- both countries with enormous eco- ful of our neighboring territories, in- izen entering or leaving the United nomic benefits. Trade and tourism be- cluding Canada, whose nationals do not States. When you look at the text of tween the two nations are worth $1 bil- pose a particular immigration threat the statute, you can certainly see a lion a day for the United States. Can- and are already granted special status ada is not only the United States’ larg- basis for their view. by the Attorney General and the Sec- That is why I think the most sensible est trading partner, but the United retary of State. course here is simply to correct the States-Canadian trading relationship is As its second main provision, my leg- statute. I should note that the admin- the most extensive and profitable in islation calls for a report on full auto- istration shares our concern and has the world. mated entry-exit control. In my view, already requested that Congress cor- My own State of Michigan has been Congress should not expand entry-exit rect section 110 and clarify that it an important beneficiary of that rela- control into new territory until it has should not apply along the land bor- tionship. And 46 percent of the volume received a report on what that would ders. and 40.6 percent of the value of United The full implementation of section States-Canada trade crosses the Michi- mean. The bottom line here is that we sim- 110 would create a nightmare at our gan-Ontario border. Last year alone, land borders for several reasons. First, exports to Canada generated over 72,000 ply do not know whether such a fully every alien could be required to fill out jobs in key manufacturing industries implemented system is feasible, how immigration forms and hand them to in my State of Michigan and over $4.68 much it will cost, whether the INS has border inspectors. That would create billion in value added for the State. the capacity and resources to use the added delays at entry points into the The United States automobile indus- data from such a system, and whether United States, which would be intoler- try alone conducts 300 million dollars’ it might make more sense to devote able. Our land border crossings simply worth of trade with Canada every day. our resources to going after the prob- cannot support such added pressures. New just in time delivery methods lem of visa overstayers in other ways. A recent study by Parsons, have made United States-Canadian bor- Finally, my bill provides for in- Brinckerhoff, Quade & Douglas points der-crossings integral parts of our creased personnel for border inspec- out that traffic congestion and delays automobile assembly lines. A delivery tions by INS and Customs to address at our land borders already create of parts delayed by as little as 20 min- the backlogs and delays we already unneeded costs and inconvenience. utes can cause expensive assembly line have on the border. For 3 years, it What we need are increased resources shutdowns. would increase INS inspectors at the at the land borders, not increased bur- Tourism and travel industries would land borders by 300 per year and Cus- dens and bureaucracy. likewise suffer by the full implementa- toms inspectors at the land borders by Second, every alien would likewise tion of section 110. People in Windsor, 150 per year. have to hand in forms when they leave Canada who thought they would head Mr. President, our borders are al- the United States. Our immigration of- to Detroit for a Tiger’s baseball game ready crowded. In 1993, nearly 9 million ficials currently inspect only those en- or Red Wing’s hockey game might people traveled over the Ambassador tering the United States, and there are think again and stay home—with their Bridge, 6.4 million traveled through the thus no inspection facilities at loca- money. Detroit-Windsor tunnel, and approxi- tions where people leave the country. Canadians might decide not to bother mately 6.1 million crossed the Blue This means that new inspections facili- to see the American side of Niagara Water Bridge in Port Huron. Even ties would need to be built and that we Falls, or not to go hiking or fishing in without new controls, we have unac- would see significant increases in traf- Maine. This would happen all across ceptable delays at many points of our fic on U.S. roads leaving the country. the northern border. borders. This additional infrastructure could I am beginning to hear concerns from We should alleviate the problems we run into billions of dollars, but the pre- those along the southern border as already have, not make them worse by

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11680 CONGRESSIONAL RECORD — SENATE November 4, 1997 adding more controls and burdens. S. 1360 fic congestion and border crossing delays Even in the best case scenario, the new Be it enacted by the Senate and House of Rep- and, if any such system would increase bor- entry-exit controls might take an resentatives of the United States of America in der crossing delays, evaluate to what extent extra 2 minutes per border crosser to Congress assembled, such congestion or delays would increase; and fulfill. That is almost 17 hours of delay SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Border Im- (4) estimate the length of time that would for every hour’s worth of traffic. It’s provement and Immigration Act of 1997’’. be required for any such system to be devel- just not practical. We must act to pre- SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRA- oped and implemented. vent it from happening and take action TION REFORM AND IMMIGRANT RE- SEC. 4. INCREASED RESOURCES FOR BORDER to address the delays already existing SPONSIBILITY ACT OF 1996. CONTROL AND ENFORCEMENT. at our borders. (a) IN GENERAL.—Section 110(a) of the Ille- (a) INCREASED NUMBER OF INS INSPECTORS I would also like to note that placing gal Immigration Reform and Immigrant Re- AT THE LAND BORDERS.—The Attorney Gen- new entry-exit control requirements on sponsibility Act of 1996 (8 U.S.C. 1221 note) is eral in each of fiscal years 1998, 1999, and 2000 our border neighbors will do virtually amended to read as follows: shall increase by not less than 300 the num- ‘‘(a) SYSTEM.— ber of full-time inspectors assigned to active nothing to catch people entering our ‘‘(1) IN GENERAL.—Subject to paragraph (2), duty at the land borders of the United States country illegally. For that, we need to not later than 2 years after the date of the by the Immigration and Naturalization Serv- improve border inspections and in- enactment of this Act, the Attorney General ice, above the number of such positions for crease resources there. shall develop an automated entry and exit which funds were made available for the pre- I do agree that automated entry-exit control system that will— ceding fiscal year. Not less than one-half of control certainly is needed to improve ‘‘(A) collect a record of departure for every the inspectors added under the preceding upon the INS’s current system, which alien departing the United States and match sentence in each fiscal year shall be assigned has a poor track record of providing the record of departure with the record of to the northern border of the United States. the alien’s arrival in the United States; and data on visa overstayers. Having cor- (b) INCREASED NUMBER OF CUSTOMS INSPEC- ‘‘(B) enable the Attorney General to iden- TORS AT THE LAND BORDERS.—The Secretary rect and usable data would be ex- tify, through on-line searching procedures, of the Treasury in each of fiscal years 1998, tremely helpful for a number of pur- lawfully admitted nonimmigrants who re- 1999, and 2000 shall increase by not less than poses; for example, to determine main in the United States beyond the period 150 the number of full-time inspectors as- whether countries should remain in the authorized by the Attorney General. signed to active duty at the land borders of visa waiver program and which coun- ‘‘(2) EXCEPTION.—The system under para- the United States by the Customs Service, tries pose particular visa overstay graph (1) shall not collect a record of arrival above the number of such positions for which problems. or departure— funds were made available for the preceding However, in my view, being able to ‘‘(A) at a land border of the United States fiscal year. Not less than one-half of the in- use automated entry-exit control as a for any alien; spectors added under the preceding sentence ‘‘(B) for any alien lawfully admitted to the means of going after individual visa in each fiscal year shall be assigned to the United States for permanent residence; or northern border of the United States. overstayers is a long way off. That is ‘‘(C) for any alien for whom the documen- why we should be cautious in our ap- Mr. D’AMATO. I want to congratu- tary requirements in section 212(a)(7)(B) of late the chairman of the Immigration proach. the Immigration and Nationality Act have We need to study this problem and been waived by the Attorney General and the Subcommittee, Senator ABRAHAM, for consider some hard questions like what Secretary of State under section 212(d)(4)(B) focusing on this issue and am pleased we will do down the road with all this of the Immigration and Nationality Act.’’. to join him and my other colleagues in data. Do we really think that the INS (b) EFFECTIVE DATE.—The amendment putting forth this legislation which is made by subsection (a) shall take effect as if aimed at correcting deficiencies that is currently capable of compiling and included in the enactment of the Illegal Im- matching the data correctly or that exist in the current law. migration Reform and Immigrant Responsi- Let me say I don’t intend to repeat INS has the resources to track down bility Act of 1996 (division C of Public Law individuals based on this data? Do we 104–208; 110 Stat. 3009–546). all of the arguments put forth by my want to be directing the INS to use its SEC. 3. REPORT. colleagues. But I do want to point out, limited resources in this manner? (a) REQUIREMENT.—Not later than two very clearly, there are a number of my I recommend that for the time being years after the date of enactment of this colleagues who are concerned about the we attack the visa overstayer problem Act, the Attorney General shall submit a re- impact of implementation of this legis- by focussing on our current enforce- port to the Committees on the Judiciary of lation. the Senate and the House of Representatives ment tools and by continuing the en- We were given such assurances as it on the feasibility of developing and imple- related to its enforcement—that there forcement approach taken in last menting an automated entry-exit control year’s illegal immigration reform bill. system that would collect a record of depar- was no intent to impose various re- I supported efforts there to increase ture for every alien departing the United quirements that would actually stop the sanctions for visa overstayers and States and match the record of departure people from Canada who were coming to increase the number of INS inves- with the record of the alien’s arrival in the in on a daily basis—millions of people, tigators looking into visa overstayers. United States, including departures and ar- millions. In New York, 2.7 million Ca- But before we burden the vast major- rivals at the land borders of the United nadians visit for at least 1 night. One States. bridge, the Peace Bridge, carries 80 ity who do not present an enforcement (b) CONTENTS OF REPORT.—Such report problem and before we add inconven- shall— million dollars’ worth of goods and iences and costs to our own citizens, we (1) assess the costs and feasibility of var- services between Canada and New should continue to study the options ious means of operating such an automated York, my State. Mr. President, 80 mil- for broader automated entry-exit con- entry-exit control system, including explor- lion dollars’ worth of merchandise a trol. ing— day. I look forward to working with my (A) how, if the automated entry-exit con- It is estimated that if we impose this colleagues to move this legislation trol system were limited to certain aliens ar- law that we will impose more time on quickly. Tomorrow, we will be having a riving at airports, departure records of those inspections, which is now about 30 sec- aliens could be collected when they depart hearing to consider this bill and these through a land border or seaport; and onds per person, and make that at least issues in the Immigration Sub- (B) the feasibility of the Attorney General, 2 minutes a person. We will have traffic committee. Given the overwhelming in consultation with the Secretary of State, jams of 3, 4, 5 and 6 hours. We will cost support for this along the land borders negotiating reciprocal agreements with the American consumers hundreds and and from the administration, there is governments of contiguous countries to col- hundreds of millions of dollars. We will no need to wait on such an important lect such information on behalf of the United disrupt trade. We will create an abso- issue or to leave so many with uncer- States and share it in an acceptable auto- lute catastrophe at our borders. tainty. mated format; Now, is that what we intend to do? If I ask unanimous consent that the en- (2) consider the various means of devel- we really want to go after drug dealers, oping such a system, including the use of tire text of the bill be printed in the pilot projects if appropriate, and assess and that is what this intends to do, RECORD. which means would be most appropriate in then let’s go after them. We know who There being no objection, the bill was which geographical regions; the cartel leaders are. ordered to be printed in the RECORD, as (3) evaluate how such a system could be You are going to stop millions of peo- follows: implemented without increasing border traf- ple on a daily basis who are traveling

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11681 back and forth between Canada and the in a manner which will continue to ex- committee on Immigration, in a letter United States? That is not going to af- pand upon it and not impinge upon it. to the Canadian Ambassador, ‘‘we did fect the drug trade. Who are we kid- I thank my colleague from Michigan not intend to impose a new require- ding? for being so forthright on this. I hope ment for border crossing cards * * * on The implementation of this would be we can get this legislation passed soon- Canadians who are not presently re- costly because we are talking about $1 er rather than later. quired to possess such documents.’’ billion a day in trade. That is what we To reiterate, I am pleased to join This new legislation will exclude Ca- are talking about, $1 billion a day. with the chairman of the Immigration nadians, who are currently exempted Senator Simpson, who was chairman Subcommittee, Senator ABRAHAM and from documentary requirements, from of the Subcommittee on Immigration the ranking member of the sub- having to register every arrival and de- last year, along with Congressman committee, Senator KENNEDY, to intro- parture at the United States border. LAMAR SMITH, chairman of the House duce the Border Improvement and Im- Because of the tremendous burden of committee, in a letter that they wrote migration Act of 1997—a bill that will enforcement on our borders, the bill to the Canadian Ambassador, said that preserve the smooth and efficient trade also authorizes an increase of at least ‘‘We did not intend to impose a new re- and travel experienced between the 300 INS inspectors and 150 Customs in- quirement for border crossing cards United States and Canada. spectors each year. * * * on Canadians who are not pres- A provision of the 1996 Illegal Immi- There is a major problem brewing on ently required to possess such docu- gration Reform and Immigrant Respon- our border with Canada. It’s a problem ments.’’ sibility Act has caused enormous trepi- that threatens vital trade and travel Mr. President, this legislation au- dation among businesses and families between our two countries. This bill thored by Senator ABRAHAM, and which living along the northern border of the will halt the problem, and allow our I am very pleased to support, would ex- United States and Canada. Several or- normal trade and tourism to continue clude Canadians who are currently ex- ganizations have contacted me with successfully. I am proud to lead the ef- empted, just like we told the Canadian their concern about section 110 of the fort to pass this important legislation. Mr. GRAMS. Mr. President, Min- Ambassador. So this legislation really 1996 act—a provision that requires nesota and Michigan are two States keeps a commitment that was made to ‘‘every alien’’ to display documents that share a common border with Can- our friends, to our partners in Canada, upon entry to or exit from the United ada, and so I am very proud today to and one in which I must say is abso- States. lutely vital to the interests of many, To put this problem into perspective, join my colleague, Senator ABRAHAM, chairman of the Judiciary Immigration many communities. let me explain what implementation of Subcommittee, as a cosponsor of his Let me mention a number of commu- section 110 would mean for New York bill to ensure Canada will receive cur- nities who have said if this legislation State. Over 2.7 million Canadians visit rent treatment once the immigration is not amended, it would be disastrous: New York each year for at least 1 law is implemented in 1998. There has Buffalo, NY; Syracuse, NY; Onondaga night, spending over $400 million. Last been a great deal of concern, especially County; Oswego County and Platts- year, my State’s exports to Canada ex- in Minnesota, as well, as to how the burgh. I have to tell you, they have ceeded $9.5 billion and the first 6 immigration law we passed last year been absolutely aghast. These are just months of 1997 has seen a rise in ex- will affect the northern U.S. border. some of the communities who have ports. The ties between the commu- Right now the fear is the law is being written to me and expressed, by either nities are strong and must not be dis- misinterpreted by the Immigration and way of their elected officials or by the rupted. Naturalization Service. various trade groups and representa- The common council of the city of Minnesota alone has about 817 miles tives, that this would be catastrophic. Plattsburgh has submitted a resolution of shared border with Canada and we I believe they are right. indicating the threat to the strong re- share many interests with our northern This bill will stop problems before lationship enjoyed by Canada and the neighbor—tourism, trade, and family they are created—traffic jams never United States—its economic, cultural, visits among the most prevalent. In the envisioned before, the flow of goods and and social impact. The Greater Buffalo last few years, passage back and forth services absolutely brought to a stop. I Partnership states that there are about over the Minnesota/Canadian border don’t think we should wait for the 5,000 trucks moving goods through the has been more open and free flowing, problem to take place, nor do I think port of Buffalo every day that will be especially since the North American we can continue to abdicate our re- subject to a time intensive document Free-Trade Agreement (NAFTA) went sponsibility. As Senator ABRAHAM has production under this provision. They into effect. There were 116 million trav- pointed out quite eloquently, we have conclude that ‘‘this provision will elers entering the United States from not gotten the kind of clarification cause 5-hour delays and jeopardize Canada in 1996 over the land border. As necessary that would allow the normal every business relying on just in time our relationship with Canada is in- intercourse of business between our deliveries.’’ creasingly interwoven, we have sought two great countries. You can’t jeop- This new requirement will cause un- a less restrictive access to each coun- ardize people’s lives, the well-being of precedented traffic jams at the border try. our communities and, indeed, our na- and chaos in the business and travel in- The immigration bill last year was tional prosperity. I am pleased to sup- dustry in northern New York. intended to focus on illegal aliens en- port this bill. I hope we can get Sen- Implementation of this border re- tering this country from Mexico and ator ABRAHAM speedy action on this. I striction would be costly for both living in the United States illegally. intend to support Senator ABRAHAM in American and Canadian business and The new law states that ‘‘every alien’’ every way possible and I want to com- tourism throughout both nations. Na- entering and leaving the United States mend you for having brought this to tionally, trade with Canada hovers would have to register at all the bor- the attention of the U.S. Congress and near $1 billion a day and there has been ders—land, sea, and air. The Immigra- putting forth legislation in such a up to 116 million people entered the tion and Naturalization Service was thoughtful way. United States from Canada in 1996. As tasked with the effort to set up auto- Last but not least, this legislation bilateral trade grows every year, traf- mated pilot sites along the border to does something that is pretty impor- fic congestion and back ups could be discover the most effective way to im- tant. It calls for increasing the number expected to last hours, translating into plement this law, which was to become of Customs and INS inspectors and frustration and lost opportunities. effective on September 30, 1998. says at least half of them have to be When Congress passed this law, there The INS was quietly going about es- placed on northern borders. While I un- was no intent to impose this require- tablishing a pilot site on the New York derstand that we have some tremen- ment on Canadians. As expressed by State border when the reality sunk in. dous problems on our southern borders Senator Alan Simpson, chairman of the A flood of calls from constituents came dealing with the flow of drugs, we can- Senate Subcommittee on Immigration into the offices of all of us serving in not underestimate the importance of last year, and Congressman LAMAR Canadian border states. Canadian citi- continuing the process of commerce— SMITH, the chairman of the House Sub- zens also registered opposition to this

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11682 CONGRESSIONAL RECORD — SENATE November 4, 1997 new restriction. It became quite clear nesotans, through letters, calls and I encourage the committee to move that no one had considered how the personal appeals, have also showed expeditiously to bring this bill to the new law affected Canada. Current law their opposition to a potential crisis. I floor. To do so will reassure small busi- already waives the document require- look forward to testifying before the ness owners and small communities ment for most Canadian nationals, but Immigration Subcommittee hearing across the northern United States that still requires certain citizens to reg- tomorrow and assisting my colleague we are looking out for their economic ister at border crossings. That system from Michigan in his efforts to pass interests. has worked. There have been very few this bill before the 1998 implementa- Mr. BURNS. Mr. President, I rise problems at the northern border with tion date. Again, this is an unaccept- today to support my colleague from drug trafficking and illegal aliens. able burden on our Canadian neighbors In an effort to resolve this situation, and those who depend upon their free Michigan, Senator ABRAHAM, in the in- I have joined Senators ABRAHAM, access that effects the economics of all troduction of the Border Improvement D’AMATO, COLLINS, SNOWE, BURNS, JEF- border states. and Immigration Act of 1997. This leg- FORDS, KENNEDY, LEAHY, MOYNIHAN, Mr. DORGAN. Mr. President, I am islation will clarify a small provision and GRAHAM of Florida in a letter ask- pleased today to join Senator ABRA- of the 1996 Illegal Immigration Reform ing INS Commissioner Meissner for her HAM, chairman of the Immigration and Immigrant Responsibility Act, spe- interpretation of this law and how she Subcommittee, as a cosponsor of legis- cifically section 110. Section 110 re- expects to implement it. We have not lation to clarify the intent of Congress quires the Immigration and Naturaliza- had a response to date, but the INS’ under section 110 of the Illegal Immi- tion Service to develop, by September previous reaction to this issue indi- gration Reform and Immigrant Respon- 30, 1998, an automated entry and exit cates that every alien would include sibility Act of 1996. He has taken up control system to document the entry both Canadian nationals and American this matter to clarify the intent of and departure of ‘every alien’ arriving permanent residents—everyone cross- Congress and I appreciate his efforts in and leaving the United States. ing the border. and those of Senator KENNEDY to deal This section, if not amended, would Therefore, we must make it very with this expeditiously. clear that Congress did not intend to The interest of North Dakota in this pose great hardship to Montana, and to impose additional documentary re- bill specifically relates to the impact most border States. The current proce- quirements on Canadian nationals; of imposing section 110 entry-exit re- dure allows Canadians to cross the Senator ABRAHAM’s bill will restore our quirements on the land border between United States-Canadian border without intent. Our legislation, the Border Im- Canada and North Dakota. In Sep- requiring them to present a passport, provement and Immigration Act of tember, I introduced legislation, S. visa, or border-crossing identification 1997, will not open the floodgates for il- 1212, to exempt Canadian nationals card. This assists our communities, on legal aliens to pass through—it will from the requirements of section 110. both sides of the border, to expand still require those who currently need Senators CONRAD, MOYNIHAN, and their economic growth. A large portion documentation to continue to produce LEVIN have joined me in cosponsoring of our economic life is derived from the it and remain registered in a new INS the bill. business we have that comes from Can- system. This will allow the INS to keep I have subsequently heard from small ada, whether it be from travel, tour- track of that category of non-immi- businesses not only in North Dakota, ism, or regular trade. The free flow of grant entering our country to ensure but from New York State, Michigan, goods and services that are exchanged they leave when their visas expire. and other States. They are very con- every day through the United States Senator ABRAHAM’s bill will not un- cerned that if Congress fails to take ac- and Canada has provided both coun- fairly treat our friends on the Canadian tion to exempt Canadian nationals tries with enormous economic benefits. side that have been deemed not to need from the section 110 requirements it If not amended, this could drop dra- documentation—they will still be able could have a devastating impact on matically. to pass freely back and forth across the their businesses. Congress did not intend to cause such In 1995, Canadian visitors spent near- border. a disruption of service when it passed But our bill will enable us to avoid ly $200 million in North Dakota. That the Immigration Reform and Immi- the huge traffic jams and confusion is one in every four total tourism dol- grant Responsibility Act. Section 110 which would no doubt occur if every lars coming into the State of North Da- was principally designed to make the alien was to be registered in and out of kota. Grand Forks, ND, devastated by the United States. Such registration floods last spring, is seeing a return of current entry-exist control system would discourage trade and visits to Canadian weekend visitors. The Con- automated—so that the system would the United States. It would delay ship- vention and Visitors Bureau there tells function better; it was not intended to ments of important industrial equip- me that without the Canadian visi- expand documentary requirements and ment, auto parts services and other tors—who shop there, and who stay in bureaucracy. This legislation will take shared ventures that have long thrived area motels—without the Canadian the steps needed to insure that the law along the northern border. It will dis- visitors Grand Forks may never see a is read properly. This bill would re- courage the economic revival that full economic recovery. These visitors quire that the Immigration and Natu- northern Minnesotans are experi- are terribly important to this city try- ralization Service to develop an auto- encing, helped by Canadian shoppers ing to make a comeback. mated entry-exit control system would and tourists. Ask any small business owner in not apply at the land borders, to U.S. Mr. President, I do not believe Con- northern North Dakota—or for that lawful permanent residents or to any gress intended to create this new man- matter any northern border State. We nationals of foreign contiguous terri- date. We sought to keep illegal aliens should be talking about policies to en- tory from whom the Attorney General and illegal drugs out, not our trading courage more Canadians to visit the and the Secretary of State have al- partners and visiting consumers. United States. It is incumbent on the ready waived visa requirements. Through the Abraham bill, we will still Senate and the House to act to exempt Mr. President, I hope that the Senate do that while keeping the door open to Canadian nationals from the require- will review this bill and understand the our neighbors from the north. The bill ments of section 110 and to send a sig- merits that it provides, not only for is good foreign policy, good public pol- nal that we welcome their business. our border States, but also for the Na- Mr. President, I commend Senator icy and good economic policy. We all tion. I look forward to working with ABRAHAM for taking up this important will benefit while retaining our ability my colleagues to ensure its swift pas- to keep track of nonimmigrants who issue at this time. I endorse the exemp- sage. enter our borders. tion of Canadian nationals from sec- Mr. President, I want to take a mo- tion 110 requirements, and I whole- Mr. LEAHY. Mr. President, I am ment to thank Senator ABRAHAM for heartedly support his efforts to author- proud to be an original cosponsor of his leadership on this very important ize additional personnel for the north- The Border Improvement and Immigra- matter. I am aware that Senator ABRA- ern border. The northern borders in tion Act of 1997. This bill will ensure HAM had a successful hearing on this particular have seen no growth in re- that Canadians and United States per- issue recently in Michigan. Many Min- sources for some time now. manent residents are treated fairly and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11683 appropriately and that the United the United States at all ports of entry. THE WISCONSIN FEDERAL JUDGESHIP ACT OF 1997 States and Canada’s long and friendly Canadians, United States permanent Mr. KOHL. Mr. President, I rise relationship regarding immigration residents and many others who are not today with my colleague from Wis- issues is preserved. currently required to show documenta- consin, Senator FEINGOLD, to introduce We must preserve the integrity of our tion of their status would either have the Wisconsin Federal Judgeship Act of open border and ensure that no undue to carry some form of identification or 1997. This bill would create one addi- hassle, inconvenience, or burden is fill out paperwork at the points of tional Federal judgeship for the east- placed upon those who cross the United entry. This sort of tracking system ern district of Wisconsin and situate it States-Canada border. Vermont and would be enormously costly to imple- in Green Bay, where a district court is Canada share many traditions, and one ment along the northern border, espe- crucially needed. Let me explain how that we all value is the free flow of cially since there is no current system the current system hurts—and how this trade and tourism. Ours is the longest or infrastructure to track the depar- additional judgeship will help—busi- open border in the world, and we ture of citizens and others leaving the nesses, law enforcement agents, wit- should do nothing to change or endan- United States. Section 110, as currently nesses, victims, and individual liti- ger that relationship. On Vermont’s worded, would also lead to excessive gants in northeastern Wisconsin. border with Canada, commerce, tour- and costly traffic delays for those liv- First, the four full-time district ism and other exchanges across the ing and working near the border. These court judges for the eastern district of border are part of our way of life. A delays would surely have a negative Wisconsin currently preside in Mil- general store in Norton, VT, on the impact on the $2.4 billion in goods and waukee. Yet for most litigants and wit- border has the separate cash registers services shipped annually from nesses in northeastern Wisconsin, Mil- at either end of the shop. Vermont to Canada and would likely waukee is well over 100 miles away. The Border Improvement Act will reduce the $120 million per year which Thus, litigants and witnesses must preserve the status quo for Canadians Canadians spend in Vermont. incur substantial costs in traveling and Americans crossing the United This legislation has been crafted with from northern Wisconsin to Mil- States’ northern border. It will ensure input from the INS and representatives waukee—costs in terms of time, that tourists and trade continue to be of the Canadian Government. By in- money, resources, and effort. Indeed able to freely cross the border, without cluding the administration and our driving from Green Bay to Milwaukee additional documentation require- northern neighbor in the discussions, takes nearly two hours each way. Add ments. This bill will also guarantee Senators ABRAHAM and KENNEDY have inclement weather or a departure point that the over $1 billion in daily cross- developed a remedy which is sure to be north of Green Bay—such as Oconto or border trade is not hindered in any implemented smoothly. My cosponsor- Marinette—and the driving time alone way. The Border Improvement Act ship of this bill reflects my ongoing often results in witnesses traveling for takes a more thoughtful approach to concern about the negative impact the a far longer period of time than they modifying U.S. immigration policies implementation of the current lan- actually spend testifying. than last year’s bill, the Illegal Immi- guage in section 110 of the IIRIRA Second, Mr. President, as Attorney gration Reform and Immigrant Respon- would have on the economy in my General Janet Reno recently noted be- sibility Act [IIRIRA]. By requiring the home State of Vermont, as well as in fore the Judiciary Committee, Federal Attorney General to thoroughly assess the other northern border States. crimes remain unacceptably high in the potential cost and impact before While this remedy was being nego- northeastern Wisconsin. These crimes implementing any sort of automated tiated, I cosponsored an amendment on range from bank robbery and kid- entry-exit monitoring system on the the floor and sent letters to Attorney naping to Medicare and Medicaid fraud. Nation’s land borders, this bill ensures General Reno and INS Commissioner However, without the appropriate judi- that any such system will be well Meissner requesting that a study be cial resources, a crackdown on Federal planned and implemented. Finally, the undertaken before any sort of auto- crimes in the upper will be made enor- Border Improvement Act will ensure mated entry-exit monitoring system be mously more difficult. adequate staffing on the northern bor- implemented. I am pleased that this Third, many manufacturing and re- der by requiring a substantial increase bill has a similar provision. But, the tail companies are located in north- in the number of INS and Customs Border Improvement Act goes one step eastern Wisconsin. These companies agents assigned to this region over the further to protect our Canadian neigh- often require a Federal court to liti- next 3 years. bors’ rights to freely cross the border gate complex price-fixing, contract, I am particularly pleased to see that into the United States without facing and liability disputes with out-of-State this bill has clear bipartisan support. needless traffic delays or unnecessary businesses. But the sad truth is that Last year, I worked closely with Sen- paperwork requirements. many of these cases are never even ator ABRAHAM to quash another ill-con- I am pleased that Senator ABRAHAM filed—precisely because the northern ceived proposed addition to the immi- has called a hearing tomorrow to dis- part of the State lacks a Federal court. gration bill—the implementation of cuss this bill and the negative impact Mr. President, this hurts businesses border-crossing fees. We successfully the current law would have in so many not only in Wisconsin, but across the defeated the fee proposal last year, but of our States. At the hearing, we will Nation. only after much debate and negotia- hear the testimony of Bill Stenger, the Fourth, prosecuting cases on the Me- tion. president of the Jay Peak Ski Resort nominee Indian Reservation creates Unfortunately, we did not have the in Vermont which is situated only a specific problems that alone justify same opportunity to debate fully the few miles from the Canadian border. having a Federal judge in Green Bay. provision in section 110 of the IIRIRA Mr. Stenger will testify to the disas- Under current law, the Federal Govern- which mandates that the INS develop trous effect any increased documenta- ment is required to prosecute all felo- an automated entry and exit control tion requirements for Canadians would nies committed by Indians that occur system to track the arrival and depar- have on his business, and so many on the Menominee Reservation. The ture of all aliens at all borders by next other United States businesses which reservation’s distance from the Federal October. are dependent on the preservation of prosecutors and courts—more than 150 The current language in section 110 free trade and travel across the Cana- miles—makes these prosecutions prob- of the IIRIRA, as agreed to in last dian border. lematic. And because the Justice De- would have a significant negative im- partment compensates attorneys, in- pact on trade and relations between By Mr. KOHL (for himself and vestigators, and sometimes witnesses the United States and Canada. By re- Mr. FEINGOLD): for travel expenses, the existing system quiring an automated system for moni- S. 1361. A bill to provide for the ap- costs all of us. In addition, Mr. Presi- toring the entry and exit of all aliens, pointment of 1 additional Federal dis- dent, we saw juvenile crime rates on this provision would require that the trict judge for the eastern district of this reservation rise by 279 percent last INS and Customs agents stop each ve- Wisconsin, and for other purposes; to year alone. Without an additional hicle or individual entering or exiting the Committee on the Judiciary. judge in Green Bay, the administration

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11684 CONGRESSIONAL RECORD — SENATE November 4, 1997 of justice, as well as the public’s pock- In conclusion, Mr. President, having ing the number of officers available on the etbook, will suffer enormously. a Federal judge in Green Bay will re- street. Many cases are simply never referred Fifth, Mr. President, the creation of duce costs and inconvenience while in- to federal court because of this cost and in- an additional judgeship in the eastern creasing judicial efficiency. But most convenience. district of Wisconsin is also clearly jus- important, it will help ensure that jus- In some cases there is no alternative. For tified on the basis of caseload. I have tice is more available and more afford- example, the Federal government has the ob- commissioned the General Accounting able to the people of northeastern Wis- ligation to prosecute all felony offenses com- Office to look at this issue and their re- consin. As the courts are currently ar- mitted by Indians on the Menominee Res- port will be released early next year ranged, the northern portion of the ervation. Yet the Reservation’s distance and which we expect will confirm our eastern district is more remote from a from the Federal Courts and prosecutors in belief. However, based on standards al- Federal court than any other major Milwaukee poses serious problems. Imagine ready established by the Judicial Con- population center, commercial or in- the District Attorney of Milwaukee being lo- ference, the administrative and statis- dustrial, in the United States. For cated in Keshena or Green Bay or Marinette tical arm of the Federal judiciary, an these sensible reasons, I urge my col- and trying to coordinate witness interviews, additional judgeship is clearly needed. leagues to support this legislation. We case preparation, and testimony. In 1994, the Judicial Conference rec- hope to enact this measure, either sep- As local law enforcement officials, we try ommended the creation of additional arately or as a part of an omnibus to work closely with other local, state and Federal judgeships on the basis of judgeship bill the Judiciary Committee federal agencies, and we believe establishing weighted filings; that is, the total may consider later this Congress. a Federal District Court in Green Bay will number of cases filed per judge modi- Mr. President, I ask unanimous con- measurably enhance these efforts. Most im- fied by the average level of case com- sent that additional material be print- portant, a Federal Court in Green Bay will plexity. In 1994, new positions were jus- ed in the RECORD. make these courts substantially more acces- tified where a district’s workload ex- There being no objection, the mate- sible to the citizens who live here. ceeded 430 weighted filings per judge. rial was ordered to be printed in the On this basis, the eastern district of We urge you to introduce and support leg- RECORD, as follows: Wisconsin clearly merits an additional islation to create and fund an additional judgeship: it tallied more than 435 S. 1361 Federal District Court in Green Bay. weighted filings in 1993 and averaged Be it enacted by the Senate and House of Rep- Gary Robert Bruno, Shawano and Me- 434 weighted filings per judge between resentatives of the United States of America in nominee County District Attorney; Jay Congress assembled, 1991–93. In fact, though our bill would Conley, Oconto County District Attor- SECTION 1. ADDITIONAL FEDERAL DISTRICT ney; John DesJardins, Outagamie not add an additional judge in the JUDGE FOR THE EASTERN DISTRICT County District Attorney; Douglas western district of Wisconsin, we could OF WISCONSIN. Drexler, Florence County District At- make a strong case for doing so be- (1) SHORT TITLE.—This Act may be cited as torney; Guy Dutcher, Waushara County cause the average weighted filings per the ‘‘Wisconsin Federal Judgeship Act of District Attorney; E. James Fitz- judge in the western district was al- 1997’’. Gerald, Manitowoc County District At- (b) IN GENERAL.—The President shall ap- most as high as in the eastern district. torney; Kenneth Kratz, Calumet Coun- point, by and with the advice and consent of Mr. President, our legislation in sim- ty District Attorney; Jackson Main, ple, effective, and straightforward. It the Senate, 1 additional district judge for the eastern district of Wisconsin. Jr., Kewaunee County District Attor- creates an additional judgeship for the (c) TABLES.—In order that the table con- ney; David Miron, Marinette County eastern district, requires that one tained in section 133 of title 28, United District Attorney; Joseph Paulus, Win- judge hold court in Green Bay, and States Code, shall reflect the change in the nebago County District Attorney; Gary gives the chief judge of the eastern dis- total number of permanent district judge- Schuster, Door County District Attor- trict the flexibility to designate which ships authorized under subsection (a), such ney; John Snider, Waupaca County Dis- judge holds court there. And this legis- table is amended by amending the item re- trict Attorney; Ralph Uttke, Langlade lation would increase the number of lating to Wisconsin to read as follows: County District Attorney; Demetrio Verich, Forest County District Attor- Federal district judges in Wisconsin for ‘‘Wisconsin: ney; John Zakowski, Brown County the first time since 1978. During that ‘‘Eastern ...... 5 ‘‘Western ...... 2’’. District Attorney. period, more than 252 new Federal dis- (d) HOLDING OF COURT.—The chief judge of William Aschenbrener, Shawano County trict judgeships have been created na- the eastern district of Wisconsin shall des- Sheriff; Charles Brann, Door County tionwide, but not a single one in Wis- ignate 1 judge who shall hold court for such Sheriff; Todd Chaney, Kewaunee Coun- consin. district in Green Bay, Wisconsin. ty Sheriff; Michael Donart, Brown And don’t take my word for it, Mr. County Sheriff; Patrick Fox, Waushara President, ask the people who would be AUGUST 8, 1994. County Sheriff; Bradley Gehring, most affected: in 1994 each and every U.S. Senator HERB KOHL, Outagamie County Sheriff; Daniel sheriff and district attorney in north- Washington, DC. Gillis, Calumet County Sheriff; James eastern Wisconsin urged me to create a DEAR SENATOR KOHL: We are writing to Kanikula, Marinette County Sheriff; Federal district court in Green Bay. I urge your support for the creation of a Fed- Norman Knoll, Forest County Sheriff; eral District Court in Green Bay. The East- Thomas Kocourek, Manitowoc County ask unanimous consent that a letter ern District of Wisconsin includes the 28 from these law enforcement officials be Sheriff; Robert Kraus, Winnebago eastern-most counties from Forest and Flor- County Sheriff; William Mork, included in the RECORD at the conclu- ence Counties in the north to Kenosha and Waupaca County Sheriff; Jeffrey sion of my remarks. I also ask unani- Walworth Counties in the south. Rickaby, Florence County Sheriff; Green Bay is central to the northern part mous consent that a letter from the David Steger, Langlade County Sheriff; of the district which includes approximately U.S. attorney for the eastern district of Kenneth Woodworth, Oconto County one third of the district’s population. Cur- Wisconsin, Tom Schneider, also be in- Sheriff. cluded. This letter expresses the sup- rently, all Federal District Judges hold court in Milwaukee. Richard Awonhopay, Chief, Menominee port of the entire Federal law enforce- A federal court in Green Bay would make Tribal Police; Richard Brey, Chief of ment community in Wisconsin—includ- federal proceedings much more accessible to Police, Manitowoc; Patrick Campbell, ing the FBI, the DEA, and the BATF— the people of northern Wisconsin and would Chief of Police, Kaukauna; James Dan- for the legislation we are introducing. alleviate many problems for citizens and law forth, Chief of Police, Onelda Public They needed this additional judicial re- enforcement. Travel time of 3 or 4 hours each Safety; Donald Forcey, Chief of Police, source in 1994, and certainly, Mr. Presi- way makes it difficult and expensive for wit- Neenah; David Gorski, Chief of Police, dent, that need has only increased over nesses and officers to go to court in Mil- Appleton; Robert Langan, Chief of Po- waukee. Citizen witnesses are often reluc- lice, Green Bay; Michael Lien, Chief of the last 3 years. Police, Two Rivers; Mike Nordin, Chief Perhaps most important, the people tant to travel back and forth to Milwaukee. It often takes a whole day of travel to come of Police, Sturgeon Bay; Patrick of Green Bay also agree on the need for to court and testify for a few minutes. Any Ravet, Chief of Police, Marinette; Rob- an additional Federal judge, as the en- lengthy testimony requires an inconvenient ert Stanke, Chief of Police, Menasha; dorsement of our proposal by the Green and costly overnight stay in Milwaukee. Don Thaves, Chief of Police, Shawano; Bay Chamber of Commerce dem- Sending officers is costly and takes substan- James Thome, Chief of Police, Osh- onstrates. tial amounts of travel time, thereby reduc- kosh.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11685 U.S. DEPARTMENT OF JUSTICE, U.S. colleague from Wisconsin, Senator cratic Government. The inability to re- ATTORNEY, EASTERN DISTRICT OF KOHL, in introducing the Wisconsin ceive one’s day in court because of geo- WISCONSIN, Federal Judgeship Act of 1997. I want graphic distance, as appears to be hap- Milwaukee, WI, August 9, 1994. to commend my colleague for his lead- pening to some in my State, is unac- To: The District Attorney’s, Sheriffs and Po- lice Chiefs Urging the Creation of a Fed- ership and dedication on this very im- ceptable. This legislation will address eral District Court in Green Bay. portant matter. that inequity and I look forward to From: Thomas P. Schneider, U.S. Attorney, Mr. President, the legislation being working with Senator KOHL and other Eastern District of Wisconsin. introduced will address a serious prob- members of the Judiciary Committee Thank you for your letter of August 8, 1994, lem currently confronting the citizens and the Senate as this legislation urging the creation of a Federal District of the eastern district of Wisconsin. At moves forward. Court in Green Bay. You point out a number present, the eastern district of Wis- of facts in your letter: consin consists of four district court By Mr. GRASSLEY (for himself (1) Although 1⁄3 of the population of the judges and two appellate judges, all of and Mr. BREAUX): Eastern District of Wisconsin is in the north- which sit in Milwaukee. However, the S. 1362. A bill to promote the use of ern part of the district, all of the Federal universal product members on claim District Courts are located in Milwaukee. eastern district of Wisconsin is an ex- (2) A federal court in Green Bay would be pansive area which extends from Wis- forms used for reimbursement under more accessible to the people of northern consin’s southern border with Illinois the medicare program; to the Com- Wisconsin. It would substantially reduce wit- all the way to the north and the Great mittee on Finance. ness travel time and expenses, and it would Lakes. Approximately one-third of the THE MEDICARE UNIVERSAL PRODUCT NUMBER make federal court more accessible and less population of the eastern district of ACT OF 1997 costly for local law enforcement agencies. Mr. GRASSLEY. Mr. President, on (3) The federal government has exclusive Wisconsin lives and works in the north- ern part of the district. While Mil- behalf of Senator BREAUX and myself, I jurisdiction over most felonies committed on am introducing legislation today to re- the Menominee Reservation, located ap- waukee is centrally located for the ma- proximately 3 hours from Milwaukee. The jority of residents who reside in south- quire the use of universal product num- distance to Milwaukee is a particular prob- eastern Wisconsin, the same cannot be bers [UPNs] for all durable medical lem for victims, witnesses, and officers from said for the residents of my State equipment [DME] Medicare purchases. the Reservation. which live in the northern portion of The purpose of this legislation is to im- I have discussed this proposal with the prove the Health Care Financing Ad- chiefs of the federal law enforcement agen- the district. The Wisconsin Judgeship Act ad- ministration’s [HCFA] ability to track cies in the Eastern District of Wisconsin, in- and to appropriately assess the value of cluding the Federal Bureau of Investigation, dresses this problem by placing a fifth Federal Drug Enforcement Administration, district court judgeship in Green Bay the durable medical equipment it pays Bureau of Alcohol, Tobacco and Firearms, which is centrally located in the north- for under the Medicare Program. Very Secret Service, U.S. Marshal, U.S. Customs ern portion of Wisconsin’s eastern dis- simply, our bill will ensure Medicare Service, and Internal Revenue Service- trict. The simple fact of the matter is gets what it pays for. Criminal Investigation Division. All express According to an interim report by that at present access to the justice support for such a court and given additional the General Accounting Office [GAO] system is burdensome and expensive reasons why it is needed. and the Office of Inspector General’s for the residents and for law enforce- Over the past several years, the FBI, DEA, review of billing practices for specific and IRS have initiated a substantial number ment of northeastern Wisconsin. In medical supplies, the Medicare pro- of investigations in the northern half of the some instances, the travel time in- gram is often paying greater than the district. In preparation for indictments and curred by victims, witnesses, and law market price for durable medical trials, and when needed to testify before the enforcement is as much as 3 or 4 hours Grand Jury or in court, officers regularly equipment and Medicare beneficiaries each way, often longer depending upon travel to Milwaukee. Each trip requires 4 to are not receiving the quality of care the weather. In some cases, the cost, 6 hours of round trip travel per day, plus the they should. HCFA currently does not actual time in court. In other words, the both in time and in scarce resources, require DME suppliers to identify spe- agencies’ already scarce resources are se- may simply mean that legitimate cases cific products on their Medicare verely taxed. Several federal agencies report are not being heard. Another troubling claims. Therefore it does not know for that many cases which are appropriate for facet of this situation is that north- prosecution are simply not charged federally which products it is paying. HCFA’s eastern Wisconsin is home to the Me- billing codes often cover a broad range because local law enforcement agencies do nominee Indian Reservation. Because not have the resources to bring these cases of products of various types, qualities and officers back and forth to Milwaukee. the Federal Government retains sig- and market prices. For example, the Nevertheless, there have been a substantial nificant jurisdictional responsibility GAO found that one Medicare billing number of successful federal investigations for cases arising on the reservation, code is used by the industry for more and prosecutions from the Fox Valley area the requirement that the cases be adju- than 200 different urological catheters, and other parts of the Northern District of dicated in Milwaukee is particularly Wisconsin including major drug organiza- with many of these products varying problematic in these cases. Based on significantly in price, use, and quality. tions, bank frauds, tax cases, and weapons these facts Mr. President, it is little cases. Medicare’s inability to accurately It is interesting to note that the U.S. wonder that this legislation has the track and price medical equipment and Bankruptcy Court in the Eastern District of strong support of law enforcement, supplies it purchases could be remedied Wisconsin holds hearings in Green Bay, both from police and prosecutors, from with the use of product specific codes Manitowoc, and Oshkosh, all in the northern all across the eastern district of Wis- known as bar codes or universal prod- half of the district. For the past four years consin. uct numbers [UPN’s]. These codes are approximately 29% of all bankruptcy filings By placing a Federal judge in Green similar to the codes you see on prod- in the district were in these three locations. Bay, not only will the residents of the In addition, we continue to prosecute most ucts you purchase at the grocery store. felonies committed on the Menominee Res- growing Fox River Valley have easier Use of such bar codes is already being ervation. Yet, the Reservation’s distance access to the court, but so too will required by the Department of Defense from the federal courts in Milwaukee poses those residents of my State which live and several large private sector pur- serious problems. A federal court in Green in the north. Mr. President, I have long chasing groups. The industry strongly Bay is critically important if the federal believed that access to the administra- supports such an initiative as well. I government is to live up to its moral and tion of justice is among the most im- am submitting several letters of en- legal obligation to enforce the law on the portant and fundamental rights that dorsement for the record on behalf of Reservation. we as Americans retain. Ensuring ac- In summary, I appreciate and understand the National Association of Medical your concerns and I join you in urging the cess to the courthouse is one of the pri- Equipment Services and the Health In- certain of a Federal District Court in Green mary responsibilities that the Federal dustry Distributors Association. Bay. Government has to its citizens. As This bill represents a common-sense THOMAS P. SCHNEIDER, members of the Senate Committee on approach. It will improve the way U.S. Attorney, Eastern District of Wisconsin. the Judiciary, Senator KOHL and I see Medicare monitors and reimburses sup- Mr. FEINGOLD. Mr. President, I am firsthand how important the timely ad- pliers for medical equipment and sup- pleased today to join my friend and ministration of justice is to our Demo- plies. Patients will receive better care.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11686 CONGRESSIONAL RECORD — SENATE November 4, 1997 And the Federal Government will save results of the implementation of the provi- efit greatly from the use of UPNs. This money. I ask that my colleagues on sions in subsections (a) and (c) of section 2 standard would not only increase Medicare’s both sides of the aisle support this leg- and the amendment to the Social Security understanding of what it pays for, but also islation which I am introducing today Act in subsection (b) of that section. assist in the effective administration of the (b) REPORTS.—Not later than 6 months Program. If HIDA can provide any further with my friend and colleague, Senator after the date of enactment of this Act, and information or be of any assistance, please BREAUX. annually thereafter, the Secretary of Health contact Ms. Erin H. Bush, Associate Director Mr. President, I ask unanimous con- and Human Services shall submit a report to of Government Relations at (703) 838–6110. sent that additional material be print- Congress that contains a detailed description Again, thank you for your interest in this ed in the RECORD. of the results of the study conducted pursu- important matter. There being no objection, the mate- ant to subsection (a), together with the Sec- Sincerely. rial was ordered to be printed in the retary’s recommendations regarding the use CARA C. BACHENHEIMER, Executive Director, Home Care and RECORD, as follows: of universal product numbers (as defined in section 1897(a)(2) of the Social Security Act Long Term Care Market Groups. S. 1362 (as added by section 2(b) of this Act)) and the Be it enacted by the Senate and House of Rep- use of data obtained from the use of such NATIONAL ASSOCIATION FOR resentatives of the United States of America in numbers. MEDICAL EQUIPMENT SERVICES, Congress assembled, Alexandria, VA, November 3, 1997. SECTION 1. SHORT TITLE. HEALTH INDUSTRY DISTRIBUTORS ASSN., Hon. CHARLES GRASSLEY, This Act may be cited as the ‘‘Medicare Alexandria VA., November 3, 1997. U.S. Senate, Special Committee on Aging. Universal Product Number Act of 1997’’. Hon. CHARLES GRASSLEY, Hon. JOHN BREAUX, SEC. 2. UNIVERSAL PRODUCT NUMBERS ON Chairman, Special Committee on Aging, U.S. Senate, Special Committee on Aging. CLAIMS FORMS FOR REIMBURSE- U.S. Senate, Washington, DC. DEAR SENATORS GRASSLEY AND BREAUX: MENT UNDER THE MEDICARE PRO- DEAR SENATOR GRASSLEY: On behalf of the The National Association for Medical Equip- GRAM. Health Industry Distributors Association ment Services appreciates your October 27 (a) ACCOMMODATION OF UPNSONMEDICARE (HIDA), I would like to applaud your support letter requesting comment on your draft bill ELECTRONIC CLAIMS FORMS.—Not later than for the use of universal product number February 1, 2000, all electronic claims forms concerning use of uniform product number (UPNs) on Medical billings. HIDA is the na- developed or used by the Secretary of Health on home medical equipment. On behalf of tional trade association of home care compa- and Human Services for reimbursement our 1,200 member companies, NAMES is nies and medical products distribution firms. under the medicare program under title pleased to endorse this bill. We look forward Created in 1902, HIDA represents over 600 XVIII of the Social Security Act (42 U.S.C. to working with you as it proceeds through 1395 et seq.) pursuant to part C of title XI of companies with appropriately 2500 locations the legislative process. And, once enacted, that Act (42 U.S.C. 1320d et seq.) or any other nationwide. HIDA Members provide value- we would hope the Administration would law shall accommodate the use of universal added distribution services to virtually work with the industry to implement this product numbers (as defined in section every hospital, physician’s office, nursing fa- law appropriately. 1897(a)(2) of that Act (as added by subsection cility, clinic, and other health care cities Sincerely, (b))) for covered items (as defined in section across the country, as well as to a growing WILLIAM D. COUGHLAN, CAE, 1834(a)(13) of that Act (42 U.S.C. number of home care patients. President and Chief Executive Officer. HIDA has long supported the use of UPN’s 1395m(a)(13))). (b) REQUIREMENT FOR PAYMENT OF for medical products and supplies. UPNs pro- By Mr. MCCAIN (for himself and CLAIMS.—Title XVIII of the Social Security vide a standard format for identifying each Mr. LEVIN): Act (42 U.S.C. 1395 et seq.) (as amended by individual product. UPNs are a major ena- S. 1364. A bill to eliminate unneces- section 4015 of the Balanced Budget Act of bling factor in the health industry’s efforts sary and wasteful Federal reports; to 1997 (Public Law 105–33; 111 Stat. 337)) is to minimize fraudulent billings and auto- the Committee on Governmental Af- amended by adding at the end the following: mate the distribution process. The Depart- fairs. ment of Defense (DOD) has taken a leader- ‘‘USE OF UNIVERSAL PRODUCT NUMBERS ship position in promoting the implementa- THE FEDERAL REPORTS ELIMINATION ACT OF 1997 SEC. 1897. (a) DEFINITIONS.—In this section: tion of the industry standards of UPNs. As a Mr. MCCAIN. Mr. President, I am ‘‘(1) COVERED ITEM.—The term ‘covered part of their decision to use commercial pleased to rise today to introduce legis- item’ has the meaning given that term in medical products distributors, the DOD has section 1834(a)(13). lation that would eliminate approxi- ‘‘(2) UNIVERSAL PRODUCT NUMBER.—The mandated the use UPNs for all medical/sur- mately 150 unnecessary reports that term ‘universal product number’ means a gical products delivered to DOD facilities. have been mandated by the Congress. number that is— HIDA believes that the Medicare Program All of these reports have been judged as ‘‘(A) affixed by the manufacturer to each could benefit greatly from the use of UPNs. By cross-referencing each UPN with the unnecessary, wasteful, or redundant by individual covered item that uniquely identi- each of the Federal agencies which fies the item at each packaging level; and HCFA Common Procedure Coding System ‘‘(B) based on commercially acceptable (HCPCS) and requiring the UPN on each have been required to produce them. I identification standards established by the claim for durable medical equipment, pros- am also pleased to have the consider- Uniform Code Council—International Article thetics, orthotics and supplies (DMEPOS), able assistance of the coauthor of this Numbering System and the Health Industry Medicare’s ability to track utilization and legislation, Senator LEVIN. Business Communication Council. combat fraud and abuse would be greatly en- This proposal is intended to combat ‘‘(b) IN GENERAL.—No payment shall be hanced. By using UPNs, the Medicare system the growing problem of the thousands made under this title for any claim for reim- would be able to correctly identify product of mandatory reports that Congress bursement for any covered item unless the utilization. As UPNs provide a unique, un- has been imposing upon the executive claim contains the universal product number ambiguous means of identifying each item of of the covered item.’’. DMEPOS on the market, Medicare would branch over the last decade. Each year, (c) DEVELOPMENT AND IMPLEMENTATION OF have a record of the exact product used by Members of Congress continue to bur- PROCEDURES.—From the information ob- the beneficiary. Trends in product utiliza- den the executive branch agencies by tained by the use of universal product num- tion and claims for ‘‘suspicious’’ items would mandating numerous reports. The price bers (as defined in section 1897(a)(2) of the be easily identifiable. HCPCS alone can not for the wasteful reports is extraor- Social Security Act (as added by section provide this information as many products of dinarily high. Not only do they cost 2(b))) on claims for reimbursement under the varying quality and cost are included in a American taxpayers hundreds of mil- medicare program, the Secretary of Health single code. lions of dollars each year, but they ex- and Human Services, in consultation with In addition, problems with ‘‘upcoding’’ interested parties, shall periodically review could be greatly reduced through the imple- haust the often limited resources of the the covered items billed under the Health mentation of UPNs. Upcoding occurs when a Federal agencies which have to meet Care Financing Administration Common beneficiary receives a product of lesser cost/ these reporting requirements. Further- Procedure Coding System and adjust such quality than the HCPCS billed to Medicare. more, the thousands of Federal em- coding system to ensure that functionally UPNs would correctly identify the specific ployees who must work for months on equivalent covered items are billed and reim- item of DMEPOS, thereby making it impos- these unnecessary reports could focus bursed under the same codes. sible to misrepresent the cost and quality of their energies to work on far more wor- (d) EFFECTIVE DATE.—The amendment the item. Importantly, by addressing the made by subsection (b) shall apply to claims thy ventures on behalf of taxpayers. problem of upcoding, the Medicare Program They are a dubious use of taxpayers for reimbursement submitted on and after would take great steps in assuring that bene- February 1, 2001. ficiaries receive the exact items of DMEPOS dollars and Government productivity. SEC. 3. STUDY AND REPORTS TO CONGRESS. that they were intended to receive. Senator LEVIN and I began working (a) STUDY.—The Secretary of Health and HIDA firmly believes that the Medicare on various aspects of eliminating and Human Services shall conduct a study on the Program and DMEPOS industry would ben- sunsetting unnecessary Federal reports

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11687 in 1993. We have both been long con- It is clear that this bipartisan effort rials Initiative Five-Year Program cerned about the vast amounts of pub- will put an end to a significant part of Plan in support of the Energy Policy lic funds and valuable government per- the unnecessary cycle of waste and Act of 1992, for which funds were never sonnel resources that are being wasted. misspent resources that these reports provided. The Department of Justice Let me state just one instructive ex- represent. The adoption of this legisla- never received funding for a program ample of how reporting mandates drain tion would be a strong contribution to- that required the submission of a re- public funds and departmental re- ward downsizing Government as the port to the Judiciary Committee on sources. The Department of Agri- American people have repeatedly the security of State and local immi- culture alone spent over $40 million in called upon us to do. I urge my col- gration and naturalization documents taxpayers money in 1993 to produce the leagues to support this legislation and and any improvements that occurred 280 reports it was required to submit to remove the millstone of unnecessary as a result of the Immigration Nursing the Congress that year. While many of and costly paperwork that Congress Relief Act of 1989. The Department of these reports may provide vital infor- has hung around the neck of the Fed- Transportation has never received mation to the Congress and the public, eral Government for too long. funding for a requirement to study the it is undeniable that many others can Mr. LEVIN. Mr. President, I am effects of climatic conditions on the and should be repealed in order to save pleased to join Senator MCCAIN in in- costs of highway construction and taxpayer dollars and staff time. This is troducing the Federal Reports Elimi- maintenance. The National Advisory true for virtually every agency of the nation Act of 1997, which will eliminate Commission on Resource Conservation Federal Government. or modify 187 outdated or unnecessary and Recovery for the Environmental In 1995, Senator LEVIN and I were congressionally mandated reporting re- Protection Agency is tasked with pro- able to successfully eliminate approxi- quirements. This legislation will re- viding an interim report of its activi- mately 200 reports, and sunset several duce unnecessary paperwork generated, ties. This Commission was established hundred others. However, since that and staff time spent, in producing re- and commissioned in 1981 and has never time, the administration has high- ports to Congress that are no longer met nor received funding for its activi- lighted 450 additional reports that they relevant or useful. ties. would like repealed. Here are a few ex- Senator MCCAIN and I introduced and The Vice President’s National Per- amples of the type of reports I am talk- got enacted similar legislation in 1995, formance Review estimated that Con- ing about. Each year, the following are Public Law 104–66, the Federal Reports gress requires executive branch agen- required to be sent to the Congress Elimination and Sunset Act of 1995. In cies to prepare more than 5,300 reports from Federal agencies: Report on the that legislation we eliminated or modi- each year. That number has increased Elimination of Notice to Congress Re- fied 207 congressionally mandated re- dramatically from only 750 such re- garding Waiver of Requirement for Use porting requirements and placed a 4- ports required by Congress in 1970. The of Vegetable Ink in Lithographic Print- year sunset on all other reports that GAO reports that Congress imposes ing; Report on Canadian Acid Rain were required to be made on an annual close to 300 new requirements on Fed- Control Program; and Report on Metal or otherwise regular basis. We also re- eral agencies each year. Casting Research and Development Ac- quired in that legislation that the And preparation of these reports tivities. President include in the first annual costs money. The Department of Agri- I have asked OMB to calculate the culture estimated in 1993 that it spent total amount of public funds we would budget submitted after the date of en- actment of the Federal Reports Elimi- more than $40 million in preparing 280 save if the unnecessary or redundant mandated reports. reporting requirements contained in nation and Sunset Act of 1995 a list of the congressionally mandated reports In developing this bill, Senator this legislation are repealed, and I will MCCAIN and I wrote to the chairmen provide my colleagues with their re- that he has determined to be unneces- sary or wasteful. The President pro- and ranking members of the relevant sponse. Considering that we currently Senate committees and asked them to vided a list of nearly 400 reports in the have over a $5 trillion dollar Federal review the list of reports, under their fiscal year 1997 budget along with com- deficit, Mr. President, I’m sure that jurisdiction, that the administration ments on why the agencies involved you would agree that our citizens identified as no longer necessary or felt the reporting requirements should would not support this egregious ex- useful and, therefore, ready for elimi- be eliminated or modified. In many in- penditure of hundreds of useless re- nation or modification. We wanted to stances, the administration states, the ports each and every year. be sure that the committees of juris- reports are obsolete or contain dupli- It is important to note that this re- diction concurred with the administra- cate information already conveyed to porting mandate problem continues to tion in their assessment of the lack of Congress in another report or publica- grow with each passing year. GAO de- need for these reports. Many of the termined several years ago that ‘‘Con- tion. committees responded to the request. For example, one report that is re- gress imposes about 300 new require- Those responses were generally sup- quired of the Department of Agri- ments on Federal agencies each year.’’ portive and some contained only a few culture asks the agency to provide to Prompt Senate action to authorize the changes to the administration’s rec- Congress a list of the advisory com- elimination of wasteful reports in this ommendations. Some committees iden- mittee members, principal place of res- proposal will be an important service tified reports under their jurisdiction idence, persons or companies by whom to our constituents and these agencies. which they wanted to retain because they are employed, and other major The staffing burdens and paper shuf- the information contained in the re- fling these outdated reporting man- sources of income. This information port is still of use to the committee. dates cause are of little real value to may be useful at the agency level, but Those suggestions were incorporated the important work of government. We is not significant to Congress. The ad- into the bill so that the bill reflects should lighten the load of both over- ministration’s recommendation for only those reports for which there is burdened taxpayers and the agencies elimination of this report stated that general agreement about elimination involved by ending them now. the ‘‘preparation of this report is time or modification. I would again like to thank Senator consuming and may not be of par- Senator MCCAIN and I are intro- LEVIN for his hard work and dedication ticular interest to Congress. If the re- ducing this bipartisan legislation to re- on this issue over the past few years. quirement for an annual report is de- duce the paperwork burdens placed on Furthermore, I must acknowledge the leted, the information contained in the Federal agencies, streamline the infor- administration for its earnest support report would still be available upon re- mation that flows from these agencies of this effort. Additionally, the pro- quest.’’ to Congress, and ultimately save mil- posed terminations were carefully re- Another example of unnecessary re- lions of taxpayer dollars. I hope we can viewed and then approved by each re- porting is the requirement to provide act quickly on this legislation. spective committee chairman and reports for programs that have never ranking member. These reports rep- been funded. The Department of En- By Ms. MIKULSKI: resent the flagrant waste of taxpayers ergy was tasked to provide a biennial S. 1365. A bill to amend title II of the dollars and Government productivity. update to the National Advanced Mate- Social Security Act to provide that the

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11688 CONGRESSIONAL RECORD — SENATE November 4, 1997 reductions in social security benefits that’s right, and that’s why I’m intro- If the Federal Government is going which are required in the case of ducing this legislation. to force government workers and retir- spouses and surviving spouses who are The crucial thing about the Mikulski ees in Maryland and across the country also receiving certain Government pen- modification is that it guarantees a to give up a portion of their spousal sions shall be equal to the amount by minimum benefit of $1,200. So, with the benefits, the retirees should at least re- which two-thirds of the total amount Mikulski modification to the pension ceive a fair portion of their benefits. of the combined monthly benefit (be- offset, Helen is guaranteed at least I want to urge my Senate colleagues fore reduction) and monthly pension $1,200 per month. to join me in this effort and support exceeds $1,200, adjusted for inflation; to Let me tell you how it works. Helen’s my legislation to modify the Govern- the Committee on Finance. spousal benefit will be reduced only by ment pension offset. THE GOVERNMENT PENSION OFFSET two-thirds of the amount her combined Mr. President, I ask unanimous con- MODIFICATION ACT OF 1997 monthly benefit exceeds $1,200. In her sent that the text of the bill be printed Ms. MIKULSKI. Mr. President, I rise case, the amount of the offset would be in the RECORD. to talk about an issue that is very im- two thirds of $45, or $30. That’s a big There being no objection, the bill was portant to me, very important to my difference from $400, and I think people ordered to be printed in the RECORD, as constituents in Maryland, and very im- like our Federal workers, teachers, and follows: portant to government workers and re- our firefighters deserve that big dif- S. 1365 tirees across the Nation. ference. Why should earning a government Be it enacted by the Senate and House of Rep- Today, I am introducing a bill to resentatives of the United States of America in modify a harsh and heartless rule of pension penalize the surviving spouse? Congress assembled, If a deceased spouse had a job covered government that is unfair and prevents SECTION 1. LIMITATION ON REDUCTIONS IN BEN- current workers from enjoying the ben- by Social Security and paid into the EFITS FOR SPOUSES AND SURVIVING Social Security system. That spouse SPOUSES RECEIVING GOVERNMENT efits of their hard work in their retire- PENSIONS. ment. I want the middle class of this expected his earned Social Security benefits would be there for his sur- (a) WIFE’S INSURANCE BENEFITS.—Section Nation to know that if you worked viving spouse. 202(b)(4)(A) of the Social Security Act (42 hard to become middle class you should Most working men believe this and U.S.C. 402(b)(4)(A)) is amended— stay middle class when you retire. many working women are counting on (1) by inserting ‘‘the amount (if any) by Under current law, there is some- which the sum of such benefit (before reduc- their spousal benefits. But because of thing called the pension offset law. tion under this paragraph) and’’ after ‘‘two- this harsh and heartless policy the This is a harsh and unfair policy. Let thirds’’; and spousal benefits will not be there, your me tell you why. (2) by inserting ‘‘exceeds the amount de- spouse will not benefit from your hard scribed in subsection (z) for such month,’’ be- If you are a retired government work, and, chances are, you won’t find fore ‘‘if’’. worker, and you qualify for a spousal out about it until your loved one is (b) HUSBAND’S INSURANCE BENEFITS.—Sec- Social Security benefit based on your gone and you really need the money. tion 202(c)(2)(A) of such Act (42 U.S.C. spouse’s employment record, you may The Mikulski modification guaran- 402(c)(2)(A)) is amended— not receive what you qualify for. Be- tees that the spouse will at least re- (1) by inserting ‘‘the amount (if any) by cause the pension offset law reduces or which the sum of such benefit (before reduc- ceive $1,200 in combined benefits. That tion under this paragraph) and’’ after ‘‘two- entirely eliminates a Social Security Helen will receive the same amount as spousal benefit when the surviving thirds of’’; and Phyllis. (2) by inserting ‘‘exceeds the amount de- spouse is eligible for a pension from a I’m introducing this legislation, be- scribed in subsection (z) for such month,’’ be- local, state, or federal government job cause these survivors deserve better fore ‘‘if’’. that was not covered by Social Secu- than the reduced monthly benefits that (c) WIDOW’S INSURANCE BENEFITS.—Section rity. the pension offset currently allows. 202(e)(7)(A) of such Act (42 U.S.C. 402(e)(7)(A)) This policy only applies to govern- They deserve to be rewarded for their is amended— ment workers, not private sector work- hard work, not penalized for it. (1) by inserting ‘‘the amount (if any) by ers. Let me give you an example of two Many workers affected by this offset which the sum of such benefit (before reduc- tion under this paragraph) and’’ after ‘‘two- women, Helen and her sister Phyllis. policy are women, or clerical workers Helen is a retired Social Security thirds of’’; and and bus drivers who are currently (2) by inserting ‘‘exceeds the amount de- benefits counselor who lives in working and looking forward to a de- scribed in subsection (z) for such month,’’ be- Woodlawn, MD. Helen currently earns served retirement. These are people fore ‘‘if’’. $600 a month from her Federal Govern- who worked hard as Federal employees, (d) WIDOWER’S INSURANCE BENEFITS.—Sec- ment pension. She’s also entitled to a school teachers, or firefighters. tion 202(f)(2)(A) of such Act (42 U.S.C. $645 a month spousal benefit from So- Frankly, I would repeal this policy 402(f)(2)(A)) is amended— cial Security based on her deceased all together. But, I realize that budget (1) by inserting ‘‘the amount (if any) by husband’s hard work as an auto me- considerations make that unlikely. As which the sum of such benefit (before reduc- chanic. That’s a combined monthly tion under this paragraph) and’’ after ‘‘two- a compromise, I hope we can agree that thirds of’’; and benefit of $1,245. retirees who work hard should not have (2) by inserting ‘‘exceeds the amount de- Phyllis is a retired bank teller also in this offset applied until their combined scribed in subsection (z) for such month,’’ be- Woodlawn, MD. She currently earns a monthly benefit exceeds $1,200. fore ‘‘if’’. pension of $600 a month from the bank. In the few cases where retirees might (e) MOTHER’S AND FATHER’S INSURANCE Like Helen, Phyllis is also entitled to a have their benefits reduced by this pol- BENEFITS.—Section 202(g)(4)(A) of such Act $645 a month spousal benefit from So- icy change, my legislation will cal- (42 U.S.C. 402(g)(4)(A)) is amended— cial Security based on her husband’s culate their pension offset by the cur- (1) by inserting ‘‘the amount (if any) by employment. He was an auto mechanic, rent method. I also have a provision in which the sum of such benefit (before reduc- too. In fact, he worked at the same tion under this paragraph) and’’ after ‘‘two- this legislation to index the minimum thirds of’’; and shop as Helen’s husband. amount of $1,200 to inflation so retirees (2) by inserting ‘‘exceeds the amount de- So, Phyllis is entitled to a total of will see their minimum benefits in- scribed in subsection (z) for such month,’’ be- $1,245 a month, the same as Helen. But, crease as the cost of living increases. fore ‘‘if’’. because of the pension offset law, Hel- I believe that people who work hard (f) AMOUNT DESCRIBED.—Section 202 of such en’s spousal benefit is reduced by two- and play by the rules should not be pe- Act (42 U.S.C. 402) is amended by adding at thirds of her government pension, or nalized by arcane, legislative tech- the end the following: $400. So instead of $1,245 per month, she nicalities. That’s why I’m introducing ‘‘(z) The amount described in this sub- will only receive $845 per month. this bill today. section is, for months in each 12-month pe- riod beginning in December of 1997, and each This reduction in benefits only hap- Representative WILLIAM JEFFERSON succeeding calendar year, the greater of— pens to Helen because she worked for of Louisiana has introduced similar ‘‘(1) $1200; or the government. Phyllis will receive legislation in the House. I look forward ‘‘(2) the amount applicable for months in her full benefits because her pension is to working with him to modify the the preceding 12-month period, increased by a private sector pension. I don’t think harsh pension offset rule. the cost-of-living adjustment for such period

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11689 determined for an annuity under section 8340 to net casualty loss allowed only to the ex- under Federal reclamation laws to of title 5, United States Code (without regard tent it exceeds 10 percent of adjusted gross build and develop the Canadian River to any other provision of law).’’. income) is amended by striking clauses (i) Project, also known as Lake Meredith. (g) LIMITATIONS ON REDUCTIONS IN BENE- and (ii) and inserting the following new While the operation and maintenance FITS.—Section 202 of such Act (42 U.S.C. 402), clauses: as amended by subsection (f), is amended by ‘‘(i) the amount of the personal casualty responsibilities of the project were adding at the end the following: gains for the taxable year, transferred to the water authority, the ‘‘(aa) For any month after December 1997, ‘‘(ii) the amount of the federally declared Bureau of Reclamation retained the in no event shall an individual receive a re- disaster losses for the taxable year (or, if title and ownership of the project. duction in a benefit under subsection lesser, the net casualty loss), plus The quality and supply of water from (b)(4)(A), (c)(2)(A), (e)(7)(A), (f)(2)(A), or ‘‘(iii) the portion of the net casualty loss the Canadian River Project has not (g)(4)(A) for the month that is more than the which is not deductible under clause (ii) but met the expectations of either the Bu- reduction in such benefit that would have only to the extent such portion exceeds 10 reau of Reclamation or the residents of applied for such month under such sub- percent of the adjusted gross income of the the Texas high plains. Not only is their sections as in effect on December 1, 1997.’’. individual. insufficient water to provide ade- SEC. 2. EFFECTIVE DATE. For purposes of the preceding sentence, the quately for the needs of the commu- The amendments made by section 1 shall term ‘net casualty loss’ means the excess of apply with respect to monthly insurance personal casualty losses for the taxable year nities Lake Meredith serves, but the benefits payable under title II of the Social over personal casualty gains.’’. water has high levels of salt. Security Act for months after December (b) FEDERALLY DECLARED DISASTER LOSS The Canadian River Municipal Water 1997. DEFINED.—Section 165(h)(3) of such Code (de- Authority has proposed to supplement fining personal casualty gain and personal the water in Lake Meredith with better By Mr. KERREY (for himself and casualty loss) is amended— quality groundwater from nearby Mr. CONRAD): (1) by adding at the end the following new aquifers. While this will not require S. 1366. A bill to amend the Internal subparagraph: any Federal funding, the Bureau of ‘‘(C) FEDERALLY DECLARED DISASTER Revenue Code of 1986 to eliminate the Reclamation has ill-conceived guide- 10 percent floor for deductible disaster LOSS.— ‘‘(i) IN GENERAL.—The term ‘federally de- lines precluding nonproject water from losses; to the Committee on Finance. clared disaster loss’ means any personal cas- flowing through their reservoirs or dis- DISASTER RELIEF LEGISLATION ualty loss attributable to a disaster occur- tribution systems. Mr. KERREY. Mr. President, under ring during 1997 in an area subsequently de- The legislation I am introducing current law, personal property damage termined by the President of the United today would allow the use of the Cana- is tax-deductible only to the extent States to warrant assistance by the Federal dian River Project water distribution that each loss is more than $100 and the Government under the Robert T. Stafford system to transport better quality total losses exceed 10 percent of in- Disaster Relief and Emergency Assistance water from the nearby aquifers which Act. are outside the originally defined come. Today, I am introducing legisla- ‘‘(ii) DOLLAR LIMITATION.—Such term shall tion which would eliminate the 10-per- not include personal casualty losses to the project scope. An environmental re- cent test for unreimbursed casualty extent such losses exceed $10,000 for the tax- view, as required by law, would be con- losses resulting from a Presidentially able year.’’, and ducted and completed within 90 days of declared disaster that occurs in 1997. (2) by striking ‘‘OF PERSONAL CASUALTY enactment of this legislation. Con- Just over a week ago, Nebraska was GAIN AND PERSONAL CASUALTY LOSS’’ in the gressman MAC THORNBERRY has intro- hit by a massive winter storm that heading. duced similar legislation in the House (c) CONFORMING AMENDMENT.—The heading dumped up to 20 inches of snow and 21⁄2 of Representatives. for section 165(h)(2) of such Code is amended inches of rain on our State unusually The citizens of the Texas Panhandle by striking ‘‘NET CASUALTY LOSS’’ and insert- have long suffered from insufficient early in the season. As a result, Ne- ing ‘‘NET NONDISASTER CASUALTY LOSS’’. braskans have suffered massive dam- (d) EFFECTIVE DATE.—The amendments water and poor water quality. The Bu- ages, the extent of which we are only made by this section shall apply to losses at- reau of Reclamation has worked with beginning to discover as the process of tributable to disasters occurring after De- the water authority to develop a solu- digging out begins. More than 175,000 cember 31, 1996, including for purposes of de- tion to the high salt content in the lost electrical power, and many of termining the portion of such losses allow- water. Local officials believe that one them are still waiting for it to be re- able in taxable years ending before such date solution is to simply dilute the poor pursuant to an election under section 165(i) quality water with better quality stored. Thousands still lack phone of the Internal Revenue Code of 1986. service. About 85 percent of trees—still water from the nearby aquifers. I urge my colleagues to pass this leg- heavy with fall leaves—were damaged By Mrs. HUTCHISON: islation quickly to meet the long-term in Omaha alone. S. 1367. A bill to amend the act that water needs of many Texas Panhandle Mr. President, changing this tax law authorized the Canadian River rec- residents. won’t shovel the snow, or restore all lamation project, Texas to direct the the phone and electrical service. But Secretary of the Interior to allow use By Mr. LEAHY (for himself and for the homeowner whose property was of the project distribution system to Mr. KENNEDY): damaged by felled trees, or thousands transport water from sources other S. 1368. A bill to provide individuals of other Nebraskans who suffered than the project; to the Committee on with access to health information of losses in this storm, allowing them to Energy and Natural Resources. which they are the subject, ensure per- deduct the full amount of those losses THE CANADIAN RIVER MUNICIPAL WATER sonal privacy with respect to personal will provide a little breathing room as AUTHORITY ACT OF 1997 medical records and health care-re- the long process of digging out—and re- Mrs. HUTCHISON. Mr. President, lated information, impose criminal and building—begins. I hope we act on it today I am introducing legislation that civil penalties for unauthorized use of soon. would enable the Canadian River Mu- personal health information, and to Mr. President, I ask unanimous con- nicipal Water Authority in Texas to provide for the strong enforcement of sent that the text of the bill be printed use the Canadian River Project’s water these rights; to the Committee on in the RECORD. distribution system to transport water Labor and Human Resources. There being no objection, the bill was from sources other than those envi- THE MEDICAL RECORDS PRIVACY ACT OF 1997 ordered to be printed in the RECORD, as sioned when the project was conceived Mr. LEAHY. Mr. President, the time follows: nearly 50 years ago. has come for Congress to enact a S. 1366 The Canadian River Municipal Water strong and effective federal law to pro- Be it enacted by the Senate and House of Rep- Authority is a State agency which sup- tect the privacy of medical records. resentatives of the United States of America in plies water to over 500,000 citizens in 11 To address this need, today, Senator Congress assembled, cities on the Texas high plains, includ- KENNEDY and I are introducing the SECTION 1. ELIMINATION OF 10 PERCENT FLOOR ing Lubbock and Amarillo. The water FOR DEDUCTIBLE DISASTER Medical Information Privacy and Secu- LOSSES. authority was created by the Texas rity Act (MIPSA). (a) GENERAL RULE.—Section 165(h)(2)(A) of Legislature which authorized it to con- Americans strongly believe that the Internal Revenue Code of 1986 (relating tract with the Federal Government their personal, private medical records

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11690 CONGRESSIONAL RECORD — SENATE November 4, 1997 should be kept private. The time-hon- promulgating privacy protection until mation to the press, supposedly for ored ethics of the medical profession August of 1999, unless Congress acts thousands of dollars. The sensational also reflect this principle. The physi- sooner. National Enquirer then erroneously re- cians’ oath of Hippocrates requires The Information Age opens the door ported that Wynette was near death that medical information be kept ‘‘as to endless new possibilities and has em- and in need of a liver transplant. sacred as secrets.’’ powered individuals with marvelous A current Member of Congress had A guiding principle in drafting this new tools and freedoms. But tech- her medical records faxed to the New legislation is that the movement to nology is our servant; we should not let York Post on the eve of her primary. In more a integrated system of health it become our master. Unless we are 1994, she offered eloquent testimony be- care in our country will only continue vigilant, the Information Age can over- fore Congress detailing her ordeal. to be supported by the American people whelm our privacy rights before we In another example, an insurance if they are assured that the personal even know it has happened. agent advised a couple that they would privacy of their health care informa- I do not want advancing technology be denied coverage for any more preg- tion is protected. In fact, without the to lead to a loss of personal privacy nancies since they had a 25 percent confidence that one’s personal privacy and do not want the fear that confiden- chance that their children would have will be protected, many will be discour- tiality is being compromised to deter a fatal disease. aged from seeking medical help. people from seeking medical treatment In Florida, a state public health I am encouraged that a variety of or stifle technological or scientific de- worker improperly brought home a public policy and health professional velopment. computer disk with the names of 4,000 organizations, across the political The outlines of the challenge we face HIV positive patients. The disks were spectrum, are signaling their inten- in stemming the erosion of medical pri- then sent to two Florida newspapers. tions to step forward to join forces vacy are already clear. Insurance com- Medical privacy issues in today’s with consumers during this debate. panies have set up their Medical Infor- world also take on international impli- For the American public, and for the mation Bureau (MIB) which stores per- cations. Canada and the nations of Eu- Congress, this debate boils down to a sonal medical information on millions rope are taking concrete steps to pro- fundamental question: Who controls of Americans. M.I.B. may have per- tect the confidentiality of computer- our medical records, and how freely sonal information on all of us in Con- ized medical records. can others use them? gress and our families. Our nation lags so far behind others Many of us in this chamber quickly Managed care companies, HMOs, drug in its protection of medical records criticized the Social Security Adminis- companies, and hospitals are spending that companies in Europe may not be tration and the IRS regarding the secu- up to $15 billion a year on information allowed to send medical information to rity of computer records. We blasted technology to acquire and exchange the United States electronically. Euro- the IRS for allowing employees to ran- vast amounts of medical information pean countries—through an EU privacy domly scan through our personal finan- about Americans. directive—are ensuring that private cial records. While this in and of itself may not be medical records are kept private. The If we are concerned about IRS em- the issue—the question is how and why EU prohibits the transfer of personal ployees looking at our tax records, is it being collected and for what spe- information from Europe to the U.S. if should we not be concerned about the cific use is this information being used the EU finds U.S. privacy law inad- millions of employers, insurers, phar- and do individuals know about this? equate. The implications for U.S. trade maceutical companies, government Patients should be advised about the are staggering. agencies and others who have nearly existence of data bases in which med- The legislation we are introducing unfettered access to the personal med- ical information concerning the pa- today addresses the issues I have out- ical records of more than 250 million tients is stored. lined to close the existing gaps in fed- Americans? This information can be very useful eral privacy law to cover personally All of us are health care consumers— for quality assurance, and to provide identifiable health information. every individual and every American more cost effective health care. But I MIPSA is broad in scope—it applies family. As Congress works toward an- am not certain that the American pub- to medical records in whatever form— swering this question, the privacy in- lic would agree with a recent Fortune paper or electronic. It applies to each terests of the American public will be magazine article which lauded a health release of medical information—includ- at odds with powerful economic inter- insurer that poked through the indi- ing re-releases. It comprehensively ests and with the penchant for large or- vidual medical records of clients to fig- covers entities other than just health ganizations and complex systems to ure out who may be depressed and care providers and payers, such as life control this kind of personal informa- could benefit from the use of the anti- insurance companies, employers and tion. Well-funded and sharply focused depressant Prozac. Are we now encour- marketers and others that may have special interests often win in a match- aging replacing sound clinical judg- access to sensitive personal health up like this. ment of doctors with health insurance data. Senator Bob Dole, the former major- clerks who look at records to deter- It establishes a clear and enforceable ity leader of the Senate, put his finger mine whether you are not really suf- right of privacy with respect all per- on this problem when he observed that fering from a physical illness, but a sonally identifiable medical informa- a ‘‘compromise of privacy’’ that sends mental illness? tion including information regarding information about health and treat- Contrary to some, I believe that com- the results of genetic tests. ment to a national data bank without puterization can assure more privacy It gives individuals the right to in- a person’s approval would be something to individuals than the current system spect, copy and supplement their pro- that none of us would accept. if my legislation is enacted. But if we tected health information. Today, only Unfortunately, this nightmare that do not act the increased potential for 28 states grant this right. Senator Dole envisioned is being embarrassment and harassment is tre- It allows individuals to segregate brought to life by provisions insisted mendous. portions of their medical records, such upon by the House in last year’s health There are many more stories which as mental health records, from broad insurance portability bill that require highlight the problems that are out viewing by individuals who are not di- a system of health care information ex- there due with the lack of privacy and rectly involved in their care. changes by computers and through security of individuals medical records, It gives individuals a civil right of computer clearinghouses and data net- unfortunately so many other breaches action against anyone who misuses works. of privacy are more subtle. their personally identifiable health in- We are now confronted with the fact Singer Tammy Wynette entered the formation. It establishes criminal and that the computerization of health hospital in 1995 for a bile duct problem. civil penalties that can be invoked if care record provisions are going into She used a pseudonym, but a hospital individually identifiable health infor- effect in the next few months but we staff member broke into her computer- mation is knowingly or negligently are still contemplating the delay of ized medical records and sold the infor- misused.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11691 It sets up a national office of health most cherished freedoms—it is the foregone taxes over their lifetimes. information privacy to aid consumers right to be left alone and to choose And billions more are spent on law en- in learning about their rights and how what we will reveal of ourselves and forcement, prisons, welfare, health they may seek recourse for violations what we will keep from others. Privacy care, and other social services for these of their rights. is not a partisan issue and should not individuals. Imagine what we could do It creates a set of rules and norms to be made a political issue. It is too im- with this money if we could keep our govern the disclosure of personal portant. kids in school? Imagine how bright health information and narrows the their futures could be? I hope my legis- sharing of personal details within the By Mr. DODD: lation will help communities build suc- health care system to the minimum S. 1369. A bill to provide truancy pre- cessful programs to prevent and reduce necessary to provide care, allow for vention and reduction, and for other truancy so that one day we will realize payment and to facilitate effective purposes; to the Committee on Labor these concrete savings and admire the oversight. Special attention is paid to and Human Resources. accomplishments of the youth who situations such as emergency medical THE PREVENTION OF TRUANCY ACT OF 1997 benefitted from these programs. care and public health requirements. Mr. DODD. Mr. President, I rise Mr. President, I ask unanimous con- We have tried to accommodate legiti- today to introduce legislation that sent that the text of the bill be printed mate oversight concerns so that we do would help our communities respond to in the RECORD. not create unnecessary impediments to an increasingly serious problem in our There being no objection, the bill was health care fraud investigations. Effec- country: truancy. Truancy is a dan- ordered to be printed in the RECORD, as follows: tive health care oversight is essential gerous and growing trend in our na- if our health care system is to function tion’s schools. It not only prevents our S. 1369 and fulfill its intended goals. Other- children from receiving the education Be it enacted by the Senate and House of Rep- resentatives of the United States of America in wise, we risk establishing a publicly- they need, but it is often the first Congress assembled, sanctioned playground for the unscru- warning of more serious problems to SECTION 1. SHORT TITLE. pulous. Health care is too important a come. Truant students are at greater This Act may be cited as the ‘‘Prevention public investment to be the subject of risk of falling into substance abuse, of Truancy Act of 1997’’. undetected fraud or abuse. gangs, and violent behavior. Truancy is SEC. 2. FINDINGS. MIPSA also extends to all research a gateway into all of these activities. Congress finds that— facilities using personally identifiable In the past ten years, truancy has in- (1) in 1994, courts in the United States for- information the current requirements creased by 67 percent. In 1994, courts mally processed 36,400 truancy cases, rep- met by federally funded researchers. I formally processed 36,400 truancy resenting a 35 percent increase since 1990, and a 67 percent increase since 1985, in the am troubled that research is viewed by cases. And in some inner city schools, formal processing of truancy cases; some as an area where privacy rights absentee rates approach 50 percent. (2) in 1993, among individuals aged 16 should be sacrificed and consent not re- Fortunately, truancy is a solvable through 24, approximately 3,400,000,000 (11 quired for use of individually identifi- problem. Many communities have percent of all individuals in this age group) able health information. If there are to begun to set up early intervention pro- had not completed high school and were not be any exceptions in a federal medical grams—to reach out and prevent tru- enrolled in school; privacy law for research using person- ancy before it leads to delinquency and (3) the economic and social costs of pro- ally identifiable health information, criminal behavior. These programs are viding for the increasing population of youth who are at risk of leaving or who have left the Congress and the American people showing signs of success, as several the educational mainstream are an enor- need to understand better why this towns have reported drops in daytime mous drain on the resources of Federal, may be necessary. To address this con- burglary rates of as much as 75 percent State, and local governments and the private cern our bill mandates an evaluation of after instituting truancy prevention sector; the waiver of informed consent that is initiatives. (4) truancy is the first indicator that a allowed under current regulations. Unfortunately, implementing these young person is giving up and losing his or It does not preempt state laws that programs has been a challenge. Tru- her way; are more protective of privacy. This is ancy is considered an educational rath- (5) students who become truant and even- er than a criminal issue, and, with tually drop out of school put themselves at a consistent with all other federal civil long-term disadvantage in becoming produc- rights and privacy laws. growing classroom enrollments, many tive citizens; It prohibits law enforcement agents financially-strapped schools don’t have (6) high school drop-outs are two and one- from searching through medical the resources to adequately address half times more likely to be on welfare than records without a warrant. It does not this problem. high school graduates; limit law enforcement agents to gain Today, I am introducing ‘‘The Pre- (7) high school drop-outs are almost twice information while in hot pursuit of a vention of Truancy [PTA] Act of 1997’’ as likely to be unemployed as high school suspect. whose goal is to promote anti-truancy graduates; I know that these are important mat- partnerships between schools, parents, (8) in 1993, 17 percent of youth under age 18 who entered adult prisons had not completed ters about which many of us feel very law enforcement agencies, and social grade school, one-fourth of such youth had strongly. It is never easy to legislate service and youth organizations. This completed 10th grade, and 2 percent of such about privacy. bill would provide $80 million in grant youth had a high school diploma or its recog- I invite other Members of Congress, funding for the purpose of developing, nized equivalent; federal agencies and outside interest implementing, or operating partner- (9) truancy contributes to increased use of groups to examine the legislation we ships for the prevention and reduction the foster care and court systems; have introduced today. This bill is a of truancy. The partnerships would be (10) truancy is a gateway to crime, and work in progress and we welcome any administered by the Department of high rates of truancy are linked to high day- time burglary rates and high vandalism comments or suggestions to make im- Education. rates; provements to this legislation. All of the partnership programs (11) communities that have instituted tru- I am pleased that my colleague from would be required to sanction students ancy prevention programs have seen daytime Vermont, the Chairman of the Labor engaging in truancy, as well as provide burglary rates decline by as much as 75 per- and Human Resources Committee, Sen- incentives for parents to take responsi- cent; and ator JEFFORDS, has already held two bility for their children. These pro- (12) truancy prevention and reduction pro- hearings this year on the issue of med- grams would also be evaluated for their grams result in significant increases in ical privacy. The clock, however, is effectiveness in preventing truancy, in- school attendance. ticking and other Members of Congress creasing school attendance, and reduc- SEC. 3. GOALS. The goals of this Act are to prevent and re- need to join us to move forward to pass ing juvenile crime. duce truancy. strong and workable medical privacy Truancy prevention programs SEC. 4. DEFINITIONS. legislation. produce long-term savings. By some es- In this Act: As policy makers, we must remember timates, truants cost this nation more (1) ELEMENTARY SCHOOL; SECONDARY that the right to privacy is one of our than $240 billion in lost earnings and SCHOOL.—The terms ‘‘elementary school’’

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11692 CONGRESSIONAL RECORD — SENATE November 4, 1997 and ‘‘secondary school’’ have the meanings ommendations for legislative action that the 1081, a bill to enhance the rights and given the terms in section 14101 of the Ele- Secretary considers appropriate. protections for victims of crime. mentary and Secondary Education Act of SEC. 7. AUTHORIZATION OF APPROPRIATIONS. S. 1102 1965 (20 U.S.C. 8801). (a) IN GENERAL.—There are authorized to At the request of Mr. CRAIG, the (2) PARENT.—The term ‘‘parent’’ means the be appropriated to carry out this Act— name of the Senator from Arizona [Mr. biological parent, adoptive parent, or legal (1) $80,000,000 for fiscal year 1998; and KYL] was added as a cosponsor of S. guardian, of a child. (2) such sums as may be necessary for each (3) SECRETARY.—The term ‘‘Secretary’’ of the fiscal years 1999, 2000, and 2001. 1102, a bill to amend the general min- means the Secretary of Education. (b) AVAILABILITY.—Funds appropriated ing laws to provide a reasonable roy- SEC. 5. ESTABLISHMENT OF TRUANCY PREVEN- under subsection (a) shall remain available alty from mineral activities on Federal TION AND CRIME CONTROL DEM- until expended. lands, to specify reclamation require- ONSTRATION PROJECTS. f ments for mineral activities on Federal (a) DEMONSTRATIONS AUTHORIZED.—The lands, to create a State program for Secretary shall make grants to partnerships ADDITIONAL COSPONSORS consisting of an elementary school or sec- the reclamation of abandoned hard ondary school, a local law enforcement agen- S. 61 rock mining sites on Federal lands, and cy, and a social service and youth serving or- At the request of Mr. LOTT, the name for other purposes. ganization, for the purpose of developing, im- of the Senator from Nevada [Mr. S. 1222 plementing, or operating projects for the BRYAN] was added as a cosponsor of S. At the request of Mr. CHAFEE, the prevention or reduction of truancy. 61, a bill to amend title 46, United names of the Senator from New Jersey (b) USE OF FUNDS.—Grant funds under this [Mr. TORRICELLI] and the Senator from section may be used for programs that pre- States Code, to extend eligibility for veterans’ burial benefits, funeral bene- California [Mrs. BOXER] were added as vent or reduce truancy, such as programs cosponsors of S. 1222, a bill to catalyze that use police officers or patrol officers to fits, and related benefits for veterans of pick up truant students, return the students certain service in the United States restoration of estuary habitat through to school, or take the students to centers for merchant marine during World War II. more efficient financing of projects and assessment. enhanced coordination of Federal and S. 143 (c) APPLICATION AND SELECTION.—Each non-Federal restoration programs, and partnership desiring a grant under this sec- At the request of Mr. DASCHLE, the for other purposes. name of the Senator from Massachu- tion shall submit an application to the Sec- S. 1283 setts [Mr. KERRY] was added as a co- retary at such time, in such manner, and ac- At the request of Mr. BUMPERS, the companied by such information as the Sec- sponsor of S. 143, a bill to amend the names of the Senator from Florida [Mr. retary may require. Each such application Public Health Service Act and Em- GRAHAM] and the Senator from Mary- shall— ployee Retirement Income Security (1) contain a description of the proposed land [Ms. MIKULSKI] were added as co- Act of 1974 to require that group and sponsors of S. 1283, a bill to award Con- truancy prevention or reduction project to individual health insurance coverage be established or improved with funds pro- gressional gold medals to Jean Brown vided under this Act; and group health plans provide cov- Trickey, Carlotta Walls LaNier, Melba (2) specify the methods to be used to in- erage for a minimum hospital stay for Patillo Beals, Terrence Roberts, Gloria volve parents in truancy prevention or re- mastectomies and lymph node dissec- Ray Karlmark, Thelma Mothershed duction activities; tions performed for the treatment of Wair, Ernest Green, Elizabeth Eckford, (3) specify the types of sanctions that stu- breast cancer. and Jefferson Thomas, commonly re- dents will face for engaging in truant behav- S. 512 ior; ferred collectively as the ‘‘Little Rock (4) specify the incentives that will be used At the request of Mr. KYL, the name Nine’’ on the occasion of the 40th anni- for parental responsibility; of the Senator from Iowa [Mr. HARKIN] versary of the integration of the Cen- (5) specify the types of initiatives, if any, was added as a cosponsor of S. 512, a tral High School in Little Rock, Ar- that schools will develop to combat the un- bill to amend chapter 47 of title 18, kansas. derlying causes of truancy; and United States Code, relating to iden- S. 1311 (6) specify the linkages that will be made tity fraud, and for other purposes. At the request of Mr. LOTT, the with local law enforcement agencies. S. 766 names of the Senator from Mississippi (d) SELECTION CRITERIA.—The Secretary shall give priority in awarding grants under At the request of Ms. SNOWE, the [Mr. COCHRAN], the Senator from Wyo- this Act to partnerships— name of the Senator from Iowa [Mr. ming [Mr. ENZI], the Senator from Ten- (1) serving areas with concentrations of HARKIN] was added as a cosponsor of S. nessee [Mr. THOMPSON], the Senator poverty, including urban and rural areas; 766, a bill to require equitable coverage from New Hampshire [Mr. GREGG], the and of prescription contraceptive drugs and Senator from Texas [Mrs. HUTCHISON], (2) that meet any other criteria that the devices, and contraceptive services and the Senator from Utah [Mr. HATCH] Secretary determines will contribute to the under health plans. were added as cosponsors of S. 1311, a achievement of the goals of this Act. S. 995 bill to impose certain sanctions on for- SEC. 6. EVALUATIONS AND REPORTS. eign persons who transfer items con- At the request of Mr. LAUTENBERG, (a) PROJECT EVALUATIONS.— tributing to Iran’s efforts to acquire, the name of the Senator from Arkansas (1) IN GENERAL.—Each partnership receiv- develop, or produce ballistic missiles. ing a grant under this section shall— [Mr. BUMPERS] was added as a cospon- (A) provide for the evaluation of the sor of S. 995, a bill to amend title 18, S. 1350 project assisted under this Act, which eval- United States Code, to prohibit certain At the request of Mr. LEAHY, the uation shall meet such conditions and stand- interstate conduct relating to exotic name of the Senator from Washington ards as the Secretary may require; and [Mrs. MURRAY] was added as a cospon- animals. (B) submit to the Secretary reports, at sor of S. 1350, a bill to amend section such times, in such formats, and containing S. 1067 332 of the Communications Act of 1934 such information, as the Secretary may re- At the request of Mr. KERRY, the to preserve State and local authority quire. name of the Senator from Arkansas to regulate the placement, construc- (2) REQUIRED INFORMATION.—A report sub- [Mr. BUMPERS] was added as a cospon- mitted under subparagraph (1)(B) shall in- tion, and modification of certain tele- sor of S. 1067, a bill to prohibit United communications facilites, and for clude information on and analysis of the ef- States military assistance and arms fect of the project with respect to— other purposes. (A) prevention of or reduction in truancy; transfers to foreign governments that SENATE CONCURRENT RESOLUTION 30 (B) increased school attendance; and are undemocratic, do not adequately At the request of Mr. HELMS, the (C) reduction in juvenile crime. protect human rights, are engaged in name of the Senator from Louisiana (b) REPORTS TO CONGRESS.—The Secretary, acts of armed aggression, or are not [Ms. LANDRIEU] was added as a cospon- on the basis of the reports received under fully participating in the United Na- sor of Senate Concurrent Resolution 30, subsection (a), shall submit interim reports, tions Register of Conventional Arms. a concurrent resolution expressing the and, not later than March 1, 2002, submit a S. 1081 final report, to Congress. Each report sub- sense of the Congress that the Republic mitted under this subsection shall contain At the request of Mr. LEAHY, the of China should be admitted to multi- an assessment of the effectiveness of the name of the Senator from Iowa [Mr. lateral economic institutions, includ- projects assisted under this Act, and any rec- HARKIN] was added as a cosponsor of S. ing the International Monetary Fund

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11693 and the International Bank for Recon- (1) Congress— lian National Democratic Party struction and Development. (A) strongly supports efforts by the United [MNDP] formed a coalition with two States and Mongolia to use the resources of f smaller parties to promote a unified their respective countries to strengthen po- democratic front. The fruits of this de- SENATE CONCURRENT RESOLU- litical, economic, educational, and cultural ties between the two countries; cision soon came to bear when the uni- TION 60—RELATIVE TO MON- fied coalition campaigned on a ‘‘Con- GOLIA (B) confirms the commitment of the United States to an independent, sovereign, tract with the Mongolian Voter’’ and Mr. MCCAIN (for himself and Mr. secure, and democratic Mongolia; won 50 of the 76 seats in the 1996 Par- THOMAS) submitted the following con- (C) applauds and encourages Mongolia’s si- liamentary elections. I am happy to current resolution; which was referred multaneous efforts to develop its democratic say that the International Republican to the Committee on Foreign Rela- and free market institutions; Institute played a major role in this tions: (D) supports future contacts between the victory by showing these parties how United States and Mongolia in such a man- S. CON. RES. 60 to mobilize their supporters and work ner as will benefit the parliamentary, judi- Whereas in 1990, Mongolia renounced the cial, and political institutions of Mongolia, toward victory. The Mongolian Peoples Communist form of government and peace- particularly through the creation of an Revolutionary Party, the former Mon- fully adopted a series of changes that linked interparliamentary exchange between Con- golian Communist Party, won a Presi- economic development with democratic po- gress of the United States and the Mongolian dential election this year, and the litical reforms; parliament; President-elect has made assurances, Whereas the Mongolian people have held 2 (E) supports the efforts of the Mongolia including to me personally in August, presidential elections and 3 parliamentary parliament to establish United States–Mon- that he supports democracy. elections since 1990, all featuring vigorous golia Friendship Day; campaigns by candidates from multiple po- This democratic transformation has (F) encourages the efforts of Mongolia to- established a firm human rights re- litical parties; ward economic development that is compat- Whereas these elections have been free ible with environmental protection and sup- gime. The Mongolian Constitution al- from violence, voter intimidation, and ballot ports an exchange of ideas and information lows freedom of speech, the press, and irregularities, and the peaceful transfer of with respect to such efforts between Mon- expression. Separation of church and power from one Mongolian government to golia and United States scientists; state is recognized in this predomi- another has been successfully completed, (G) commends Mongolia for its foresight in nantly Buddhist nation as well as the demonstrating Mongolia’s commitment to environmental protection through the Bio- right to worship or not worship. Full peace, stability, and the rule of law; diversity Conservation Action Plan and en- Whereas every Mongolian government freedom of emigration is allowed, and courages Mongolia to obtain the goals illus- since the end of communism has dedicated Mongolia now is in full compliance trated in the plan; and itself to promoting and protecting individual (H) commends the efforts of Mongolia to with sections 402 and 409 of the Trade freedoms, the rule of law, respect for human strengthen civilian control over the Mon- Act of 1974, also known as the Jackson- rights, freedom of the press, and the prin- golia military through parliamentary over- Vanik amendment. An independent ju- ciple of self-government, thereby dem- sight and recommends that Mongolia be ad- diciary has been established to protect onstrating that Mongolia is consolidating mitted into the Partnership for Peace initia- these rights from any future violation. democratic gains and moving to institu- tive at the earliest opportunity; and tionalize democratic processes; Mongolia is also in the middle of an (2) it is the sense of Congress that the Whereas Mongolia stands apart as one of economic transformation. As part of President— the few countries in central and southeast the ‘‘Contract with the Mongolian (A) should, both through the vote of the Asia that is truly a fully functioning democ- Voter,’’ the democratic coalition of the United States in international financial in- racy; stitutions and in the administration of the MNDP and MSDP ran on promises to Whereas the efforts of Mongolia to pro- bilateral assistance programs of the United establish private property rights and mote economic development through free States, support Mongolia in its efforts to ex- encourage foreign investment. The market economic policies, while also pro- pand economic opportunity through free Mongolian Government is now steadily moting human rights and individual lib- market structures and policies; erties, building democratic institutions, and creating a market economy. A program (B) should assist Mongolia in its efforts to protecting the environment, serve as a bea- has been set up to allow residents of integrate itself into international economic con to freethinking people throughout the Government-owned high rise apart- structures, such as the World Trade Organi- region and the world; ments to acquire ownership of their Whereas the commitment of Mongolia to zation; and (C) should promote efforts to increase com- residences. Mongolia joined the World democracy makes it a critical element in ef- Trade Organization in January this forts to foster and maintain regional sta- mercial investment in Mongolia by United States businesses and should promote poli- year, and in May the Parliament elimi- bility throughout central and southeast nated all tariffs, except on personal Asia; cies which will increase economic coopera- Whereas Mongolia has some of the most tion and development between the United automobiles, alcoholic beverages, and pristine environments in the world, which States and Mongolia. tobacco. In September 1996, the Gov- provide habitats to plant and animal species Mr. MCCAIN. Mr. President, today I ernment removed price controls and that have been lost elsewhere, and has shown am submitting a concurrent resolution Mongolians were able to finally survive a strong desire to protect its environment expressing the sense of Congress in sup- a winter without a major breakdown of through the Biodiversity Conservation Ac- port of efforts to foster friendship and heat or electricity. The Mongolian tion Plan while moving forward with eco- cooperation between the United States Government is now boldly moving to nomic development, thus service as a model for developing nations in the region and and Mongolia. Passage of this resolu- set the nation on a course to privatize throughout the world; tion will signal American support of large-scale enterprise and reform the Whereas Mongolia has demonstrated a Mongolia’s peaceful transition to a sta- state pension system. strong commitment to the same ideals that ble democracy and market economy. When I was in Mongolia, I saw the ef- the United States stands for as a nation, and Senator THOMAS is an original cospon- fects of this economic transformation has indicated a strong desire to deepen and sor to this resolution. firsthand. At a town hall meeting in strengthen its relationship with the United There has been a stunning political Kharakhorum, the ancient capital of States; transformation in Mongolia since it the Mongol Empire, I met a herdsman Whereas the Mongolia Government has es- tablished civilian control of the military—a broke away from Communist rule in and asked him about the economic lib- hallmark of democratic nations—and is now 1990. In the past 7 years, there have eralization. First, I asked him how working with parliamentary and military been two Presidential elections and many sheep he had under communism. leaders in Mongolia, through the United three parliamentary elections. All of He said none, because the Communists States International Military Education and these have been open and democratic, didn’t allow private property. Then I Training program, to further develop over- and have not suffered from violence or asked him how many sheep he owned sight of the Mongolia military; and fraud. after privatization. He answered that Whereas Mongolia is seeking to develop po- The most important aspect of these he had 3 sheep then, which is not much litical and military relationships with neigh- boring countries as a means of enhancing re- elections is that they have showed the in a country with 25 million sheep. So gional stability: Now, therefore, be it triumph of democracy and democratic I asked him how many sheep he has Resolved by the Senate (the House of Rep- forces. In 1996, the Mongolian Social now. He answered that he now has 90 resentatives concurring), That— Democratic Party [MSDP] and Mongo- goats, 60 sheep, 20 cows, and 6 horses. I

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11694 CONGRESSIONAL RECORD — SENATE November 4, 1997 asked him if that was considered suc- and organizations to testify at the oversight field hearing has been sched- cessful. He replied that he was success- hearing. Others wishing to testify may, uled before the Subcommittee on Na- ful as were many herdsmen in this new as time permits, make a brief state- tional Parks, Historic Preservation, economy. He then told me that he ment of no more than 2 minutes. Those and Recreation of the Committee on would never want to change the system wishing to testify should contact Jim Energy and Natural Resources. The back to what it was, because ‘‘now O’Toole or Steve Schackelton of the hearing will take place Wednesday No- Mongols have control over their own Subcommittee staff at (202) 224–6969. vember 19, 1997 at 9:00 a.m. to 12:00 life and destiny.’’ That is the new cul- Every attempt will be made to accom- noon at the Officer’s Club in the ture of a market Mongolian economy. modate as many witnesses as possible, Presideo of San Francisco in San Fran- There are many benefits to sup- within the time allowed, while ensur- cisco, California. The purpose of this porting Mongolian democracy and eco- ing that all views are represented. hearing is to review the National Parks nomic liberalization. In 1991, Secretary Witnesses invited to testify are re- Restoration Plan—‘‘Vision 2020’’ and to of State James Baker promised Mon- quested to bring 10 copies of their testi- solicit pro-active solutions and innova- golia that the United States would be mony with them to the hearing, it is tive remedies to build a more efficient Mongolia’s ‘‘third neighbor.’’ We re- not necessary to submit any testimony and effective National Park Service main committed to that course of ac- in advance. Statements may also be System. tion to encourage Mongolia in its en- submitted for inclusion in the hearing The Committee will invite witnesses deavors and promote it as an example record. Those wishing to submit writ- representing a cross-section of views of how nations can successfully convert ten testimony should send two copies and organizations to testify at the from a Communist totalitarian state to of their testimony to the attention of hearing. Others wishing to testify may, a market democracy. Finally, a demo- Jim O’Toole, Committee on Energy and as time permits, make a brief state- Natural Resources, United States Sen- cratic Mongolia will promote peace and ment of no more than 2 minutes. Those ate, 354 Dirksen Senate Office Building, stability in northern Asia. wishing to testify should contact Jim Finally, there are important eco- Washington, D.C. 20510. O’Toole or Steve Schackelton of the nomic benefits to the United States. For further information, please con- Subcommittee staff at (202) 224–6969. Mongolia would like to make the tact Jim O’Toole of the Committee Every attempt will be made to accom- United States a major trading partner. staff at (202) 224–5161. modate as many witnesses as possible, Total two-way trade between the SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC within the time allowed, while ensur- United States and Mongolia has almost PRESERVATION, AND RECREATION ing that all views are represented. tripled in value from $13 million in 1991 Mr. THOMAS. Mr. President, I would Witnesses invited to testify are re- to $35 million in 1996. Total U.S. ex- like to announce for the public that an quested to bring 10 copies of their testi- ports have more than doubled from oversight field hearing has been sched- mony with them to the hearing. It is over $2 million in 1992 to $4.2 million in uled before the Subcommittee on Na- not necessary to submit any testimony 1996. As Mongolia continues to liber- tional Parks, Historic Preservation, in advance. Statements may also be alize its economy, the United States and Recreation of the Committee on submitted for inclusion in the hearing will be able to count on it to become an Energy and Natural Resources. The hearing will take place Monday, No- record. Those wishing to submit writ- important market for American goods vember 17, 1997 at 9:00 a.m. to 12:00 ten testimony should send two copies and services. I hope that my colleagues here in the noon in the Rock Mountain Room at of their testimony to the attention of Senate will join me in recognizing the EPA Region 8 Institute & Con- Jim O’Toole, Committee on Energy and Mongolia as an example of successful ference Center, 999 18th Street, Denver, Natural Resources, United States Sen- democratic transformation and sup- CO. The purpose of this hearing is to ate, 354 Dirksen Senate Office Building, porting the Mongol transition to a review the National Parks Restoration Washington, D.C. 20510. market economy. Plan—‘‘Vision 2020’’ and to solicit For further information, please con- f proactive solutions and innovative tact Jim O’Toole of the Committee remedies to build a more efficient and staff at (202) 224–5161. NOTICE OF HEARING effective National Park Service Sys- COMMITTEE ON AGRICULTURE, NUTRITION, AND tem. f FORESTRY The Committee will invite witnesses Mr. LUGAR. Mr. President, I would representing a cross-section of views AUTHORITY FOR COMMITTEES TO like to announce that the Committee and organizations to testify at the MEET on Agriculture, Nutrition, and For- hearing. Others wishing to testify may, estry will meet on Thursday, November as time permits, make a brief state- COMMITTEE ON BANKING, HOUSING, AND URBAN 13, 1997 at 9:00 a.m. in SR–328A. The ment of no more than 2 minutes. Those AFFAIRS hearing will examine ways renewable wishing to testify should contact Jim Mr. D’AMATO. Mr. President, I ask fuels could aid in decreasing green- O’Toole or Steve Schackelton of the unanimous consent that the Com- house gas emissions and increasing Subcommittee staff at (202) 224–6969. mittee on Banking, Housing, and U.S. energy security. Every attempt will be made to accom- Urban Affairs be authorized to meet NOTICES OF FIELD HEARINGS modate as many witnesses as possible, during the session of the Senate in ex- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC within the time allowed, while ensur- ecutive session on Tuesday, November PRESERVATION, AND RECREATION ing that all views are represented. 4, 1997, to conduct a markup of pending Mr. THOMAS. Mr. President, I would Witnesses invited to testify are re- nominations. like to announce for the public that an quested to bring 10 copies of their testi- The PRESIDING OFFICER. Without oversight field hearing has been sched- mony with them to the hearing, it is objection, it is so ordered. uled before the Subcommittee on Na- not necessary to submit any testimony COMMITTEE ON COMMERCE, SCIENCE, AND tional Parks, Historic Preservation, in advance. Statements may also be TRANSPORTATION and Recreation of the Committee on submitted for inclusion in the hearing Mr. D’AMATO. Mr. President, I ask Energy and Natural Resources. The record. Those wishing to submit writ- unanimous consent that the Com- hearing will take place Saturday, No- ten testimony should send two copies mittee on Commerce, Science, and vember 15, 1997 at 9:00 a.m. to 12:00 of their testimony to the attention of Transportation be authorized to meet noon at the Cooperative Service Build- Jim O’Toole, Committee on Energy and on Tuesday, November 4, 1997, at 9:30 ing at the University of Florida, 18710 Natural Resources, United States Sen- am on pending committee business. S.W. 288 Street, Homestead, Florida. ate, 354 Dirksen Senate Office Building, The PRESIDING OFFICER. Without The purpose of this hearing is to review Washington, D.C. 20510. the National Parks Restoration Plan— For further information, please con- objection, it is so ordered. ‘‘Vision 2020’’ and to solicit proactive tact Jim O’Toole of the Committee COMMITTEE ON ENERGY AND NATURAL solutions and innovative remedies to staff at (202) 224–5161. RESOURCES build a more efficient and effective Na- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC Mr. D’AMATO. Mr. President, I ask tional Park Service System. PRESERVATION, AND RECREATION unanimous consent that the Com- The Committee will invite witnesses Mr. THOMAS. Mr. President, I would mittee on Energy and Natural Re- representing a cross-section of views like to announce for the public that an sources

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11695 be granted permission to meet during consent to hold a markup on the fol- as an example of devotion to commu- the session of the Senate on Tuesday, lowing nominations: Richard J. Griffin nity. He and his wife have been in- November 4, for purposes of conducting to be Inspector General, Department of volved in, and often led, numerous a full committee hearing which is Veterans Affairs; William P. Greene, community projects in the south Rio scheduled to begin at 10:00 a.m. The Jr. to be Associate Judge, Court of Vet- Grande Valley. They are also pioneers purpose of this hearing is to consider erans Appeals; Joseph Thompson to be in the effort to forge meaningful and the nominations of Curtis L. Hebert Under Secretary for Benefits, Depart- productive relationships with private and Linda Key Breathitt to be Mem- ment of Veterans Affairs; and and public sector community leaders bers of the Federal Energy Regulatory Espiridion A. Borrego to be Assistant on the Mexican side of the border. Commission. Secretary for Veterans Employment Frank Yturria was first appointed in The PRESIDING OFFICER. Without and Training, Department of Labor; 1990 by President Bush to serve as objection, it is so ordered. The markup will take place in S216, chairman of the Board of Directors of COMMITTEE ON ENVIRONMENT AND PUBLIC of the Capitol Building, after the first the Inter-American Foundation, a de- WORKS scheduled votes in the Senate on Tues- velopment agency which promotes self- Mr. D’AMATO. Mr. President, I ask day morning, November 4, 1997. help community efforts in Latin Amer- unanimous consent that the full Com- The PRESIDING OFFICER. Without ica and the Caribbean. During his ten- mittee on Environment and Public objection, it is so ordered. ure, Frank Yturria instituted nec- Works be granted permission to con- essary reforms at the agency and in- SUBCOMMITTEE ON FINANCIAL SERVICES AND duct a hearing Tuesday, November 4, TECHNOLOGY sisted on program accountability. Be- 2:00 p.m., Hearing Room (SD–406), on S. Mr. D’AMATO. Mr. President, I ask cause of his efforts and hard work, 627, The African Elephant Conservation unanimous consent that the Sub- Frank Yturria is the first member of Act reauthorization, and S. 1287, the committee on Financial Services and the Inter-American Foundation’s Asian Elephant Conservation Act of Board of Directors to be reappointed by 1997. Technology of the Committee on Bank- ing, Housing, and Urban Affairs be au- any President, Democrat or Repub- The PRESIDING OFFICER. Without lican. This reappointment by President objection, it is so ordered. thorized to meet during the session of the Senate on Tuesday, November 4, Clinton clearly speaks volumes about COMMITTEE ON FOREIGN RELATIONS Frank Yturria’s contributions to his 1997, to conduct a hearing on ‘‘man- Mr. D’AMATO. Mr. President, I ask community, Texas, and to our Nation. dating year 2000 disclosure by publicly unanimous consent that the Com- I support his reappointment and wish traded companies’’. mittee on Foreign Relations be author- him well as be continues to work for The PRESIDING OFFICER. Without ized to meet during the session of the mutual friendship and prosperity of the objection, it is so ordered. Senate on Tuesday, November 4, 1997, United States and Latin America.∑ at 2:15 to hold a Business Meeting. SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND f The PRESIDING OFFICER. Without SPACE objection, it is so ordered. Mr. D’AMATO. Mr. President, I ask INTERNATIONAL REPUBLICAN COMMITTEE ON GOVERNMENTAL AFFAIRS unanimous consent that the Sub- INSTITUTE 1997 FREEDOM AWARD Mr. D’AMATO. Mr. President, I ask committee on Science, Technology and ∑ Mr. GRAMS. Mr. President, late last unanimous consent on behalf of the Space of the Committee on Commerce, month in downtown Washington, the Governmental Affairs Committee to Science, and Transportation be author- International Republican Institute meet on Tuesday, November 4, at 9:00 ized to meet at 2:30 p.m. on next gen- honored Ronald Reagan as the recipi- a.m. for a Nomination Hearing on the eration internet. ent of their 1997 Freedom Award. Sel- following nominees: Ernesta Ballard, The PRESIDING OFFICER. Without dom, if ever, has a Washington dinner to be a Member, Postal Board of Gov- objection, it is so ordered. been held to honor an American when ernors; Dale Cabaniss, to be a Member, SUBCOMMITTEE ON TRANSPORTATION AND the honor was more richly deserved or Federal Labor Relations Authority; INFRASTRUCTURE more sincerely conferred. There was a and Susanne T. Marshall, to be a Mem- Mr. D’AMATO. Mr. President, I ask deep and abiding outpouring of respect, ber, Merit Systems Protection Board. unanimous consent that the Sub- admiration and affection for our Na- The PRESIDING OFFICER. Without committee on Transportation and In- tion’s 40th President. Even a touch of objection, it is so ordered. frastructure be granted permission to nostalgia was present as guests and COMMITTEE ON INDIAN AFFAIRS conduct a hearing Tuesday, November speakers recalled when our Nation was Mr. D’AMATO. Mr. President, I ask 4, 9:30 a.m., Hearing Room (SD–406) on led by a President guided by a clear vi- unanimous consent that the Senate the status of Federal transportation sion and deeply-held convictions. Committee on Indian Affairs be author- programs in the absence of a multi- The formal program included re- ized to meet at 9:15 a.m. on Tuesday, year reauthorization. marks by James Billington, the Librar- November 4, 1997 in Room 485 of the The PRESIDING OFFICER. Without ian of Congress, and our colleague, the Russell Senate Building to mark-up objection, it is so ordered. chairman of I.R.I., Senator MCCAIN of the following: H.R. 976, the Mississippi f Arizona. Mrs. Reagan was there to rep- Sioux Tribe Judgment Fund Distribu- resent her husband and she made a tion Act of 1997; and the Nomination of ADDITIONAL STATEMENTS brief statement in his behalf when the B. Kevin Gover, to be Assistant Sec- award was presented. These statements retary for Indian Affairs, Department REAPPOINTMENT OF FRANK D. focused on Ronald Reagan’s indispen- of the Interior. YTURRIA TO THE INTER-AMER- sable leadership that led to the fall of The PRESIDING OFFICER. Without the Berlin Wall and to freedom for hun- objection, it is so ordered. ICAN FOUNDATION BOARD OF DI- RECTORS dreds of millions throughout the globe. COMMITTEE ON THE JUDICIARY Mr. President, the statements of Mr. D’AMATO. Mr. President, I ask ∑ Mrs. HUTCHISON. Mr. President, I these distinguished Americans deserve unanimous consent that the Com- am pleased to recognize an outstanding the attention of the Senate and the mittee on the Judiciary be authorized American and Texan and to take note American people. Moreover, they to meet during the session of the Sen- of his recent reappointment by Presi- should be part of the public record so ate on Tuesday, November 4, 1997 at dent Clinton as a member of the Board that future generations will have con- 10:00 a.m. in room 216 of the Senate of Directors of the Inter-American venient access to them as they exam- Hart Office Building to hold a hearing Foundation. ine the life and influence of this great on ‘‘competition, innovation, and pub- Many in South Texas know Frank American whose vision and leadership lic policy in the digital age.’’ Yturria, and is wife, Mary, for the changed the world. The PRESIDING OFFICER. Without many years they have devoted to pub- Accordingly, Mr. President, I ask objection, it is so ordered. lic service in Brownsville, TX, and that the statements by Senator COMMITTEE ON VETERANS’ AFFAIRS throughout the Rio Grande Valley. As MCCAIN and Dr. Billington, as well as Mr. D’AMATO. The Committee on a leading voice for community im- the brief remarks by Mrs. Reagan, be Veterans’ Affairs requests unanimous provement, Frank Yturria has served printed in the RECORD.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11696 CONGRESSIONAL RECORD — SENATE November 4, 1997 The statements follow: system was systematically unable to re- climax in the immediate aftermath of the THE FOREIGN POLICY OF PRESIDENT RONALD spond—neither materially, because of their Afghan invasion. For the first couple of days, REAGAN (BY JAMES H. BILLINGTON, LIBRAR- backwardness in computers and high tech- the only explanation the Soviet regime could IAN OF CONGRESS, SEPTEMBER 25, 1997) nology, nor politically, because ordinary offer was that they were intervening at the people (as distinct from policy wonks) could invitation of the leader whom they had then The Cold War was the central conflict of not believe that a defensive system that we proceeded to shoot. They were soon rescued the second half of the 20th century, the long- were willing to share with others really from this embarrassment by the gratuitous est and most unconventional war of the en- threatened anybody. rationalizations and explanations for their tire modern era and an altogether unprece- If the first element of the Reagan leader- behavior provided by the Western media. dented experience for Americans. We never ship, then, was vision backed by strength in Reagan, the storyteller, instinctively real- directly fought our principal antagonist, the his first term, the second ingredient was his ized that America was a story, not a theory; Soviet Union, but we were faced for the first ability to be an altogether gracious winner that stories tend to unify people; and that time in our history—and over a long period— in his second term. By establishing a genu- the best stories are based on relatively uni- with an opponent who was both ideologically inely warm and basically non-adversarial re- versal archetypes that deal with good and committed to overthrow our system and ma- lationship with Gorbachev, cemented by a evil. Theories rarly bring peace, since they terially equipped to destroy us physically. rapid-fire set of summits in his second term, inspire divisions based on right and wrong President Ronald Reagan was the single President Reagan defied the general assump- and invite argument that leads to conflict. most important political figure in ending the tion of the foreign policy establishment that Stories are shared; theories are debated. Cold War without either making concessions summits had to be basically choreographed Anyone who came within the President’s or incurring major loss of life on either side. by experts and incremental in accomplish- orbit was immediately attracted by his sto- It was an astonishing accomplishment. Not ment. He began at Geneva by going one-on- ries. They invariably drew the diverse people surprising, those who never thought such an one with Gorbachev. He reacted to the accel- at his table together and were essentially in- outcome was possible in the first place have erating crisis of communism in a way that clusive. Theories, on the other hand, tend to been slow to recognize that the unraveling of did not humiliate but, in fact, honored an op- exclude those who do not believe in them— the Soviet Empire began, and became irre- ponent who was moving things in the right and to induce arrogance in those who do. versible, on his watch—and in no small part direction. The American academic experts whom as a result of his special qualities of leader- It is easy to forget now just how ritualized President Reagan periodically gathered ship. the Soviet-American conflict had become by around a lunch table in the White House In his monumental study of the rise and the end of the 1970’s—and how fatalistic the were often perplexed by his tendency to re- fall of civilizations, written just as the Cold Western establishment had become in ac- late tales of his own negotiations with labor War was beginning, Arnold Tonybee sug- cepting a more-or-less indefinite coexistence leaders in Hollywood. Yet, as I listened to gested that empires begin their inevitable with a Soviet Empire then at the height of these stories, I saw that he was both secur- decline when they meet a challenge to which its expansiveness. What helped change all ing a measure of buy-in from the often skep- they are systematically unable to respond. that was the third element in President Rea- tical intellectual community and, at the The hierarchical control system of the So- gan’s formula: the disarmingly simple way same time, pre-testing his future tactics by viet Empire met such a challenge with the he redefined the conflict itself as being not probing for the reaction of theorists to the Solidarity Movement in Poland. As a bot- fundamentally between systems, alliances, practicalities of his negotiating techniques. tom-up mass movement rooted in religion or even nations but between good and evil. President Reagan could negotiate from within the largest Soviet satellite, Soli- His famous ‘‘evil empire speech,’’ which strength because he had reassured us that darity was not the kind of movement which met with almost universal condemnation in our own story was a positive one, and that Soviet imperial managers could domesticate the Western media and academia, may well the sun was rising and not setting on Amer- either by decapitating or co-opting the lead- have played an important role in unclogging ica. ers or by offering carrots and sticks to its the logjam in the Soviet system and ending I do not know exactly what the substance members. John Paul II, the first Slavic Pope, the menace of accidental or mutual destruc- was of the President’s early conversations spiritually inspired it, and President Rea- tion that always hovered over the Cold War. with Gorbachev, but they seemed to involve gan’s political support helped it survive mar- Two different Soviet reformist politicians more the telling of stories than the debating tial law to become the decisive catalyst in told me amidst the alcoholic bonhomie of of theories. Debates like wars have a winner the eventual chain reaction of Communist the state dinner at the Reagan-Gorbachev and loser, but a story can celebrate the com- collapse at the end of the 1980’s. Moscow summit in June 1988 that they used mon victory of a higher good. President What were the key elements of Ronald the unprecedently undiplomatic nature of Reagan never claimed victory in the cold Reagan’s role in all of this? First of all, he that talk to convince other Soviet leaders War. Rather, he seemed to be welcoming was guided by a simple vision that ordinary that they should try to accommodate and Russia into the near-universal story of people everywhere could understand—rather not continue to confront the West. It seems movement toward freedom and openness. than by some complex strategic doctrine in- of course, paradoxical to suggest that a bel- President Reagan also had respect for the telligible only to foreign policy wonks. In ligerent speech could pave the way to peace- Russians’ own story. In his important ad- 1981 at Notre Dame, he spoke not of winning ful change. But what seems unlikely in the- dresses of June 1988 at Moscow State Univer- the cold war but of the bright prospects ‘‘for ory may well be true in real life. Real life is sity, he repeatedly used Russian examples to the cause of freedom and the spread of civili- told in stories. No one was a greater story- illustrate the universal principles of freedom zation,’’ indicating that ‘‘the West will not teller in real life than Ronald Reagan; and he and moral responsibility. During the same contain Communism; it will transcend Com- had a good basic story to tell. In my view, Moscow summit, he invited for lunch a full munism.’’ the end of the Cold War represented essen- range of dissident Russian voices, each of He made it clear at the beginning of the tially the victory of a story over a theory. whom had a story to tell; and at the State administration that tokenism in arms con- The United States of America is the result dinner at Spaso House, he invited many of trol and photo-op summit solutions to seri- not of any theory but of a story—made up these same figures and mixed them up at ta- ous problems would no longer be accepted. In over the years out of hundreds of individual bles with political leaders. Each dinner table effect, he told the world he would not go on human stories. The Soviet Union was the brought the best storytellers of the emerging playing the old favorite Russian game of product of a theory suddenly superimposed reforms face-to-face for the first time in one chess, the aim of which always seemed to be by politicized intellectuals through a coup in room with the powerful perpetuators of out- to play for a draw. Here, at last, was a good the midst of the inhuman chaos of World moded theories. old-fashioned American poker player who War I. Because Communism as a theory was, I was able to observe first-hand, in the knew he had the stronger hand, was willing in some ways, inherently appealing, Ameri- course of preparations for and the execution to raise the ante to a level that the strained cans were often reluctant to believe that the of President Reagan’s Moscow summit in Soviet system could not meet, and had the Soviet system was evil rather than just a June 1988, how he supported the forces of imagination to throw in the wild card of a temporary victim of Stalin’s paranoia or change at the level of both vision and tac- strategic defensive initiative. He proved that perhaps of defective genes traceable back to tics. The President had asked me, as perhaps an American President could be reelected Ivan the Terrible or Genghis Khan. It had he had asked others on the eve of the sum- without having had a summit meeting of any been easy for intellectuals to believe that mit, a simple but centrally important ques- kind—let alone the kind which legitimized Nazi totalitarianism represented a threat be- tion. How was it possible, he asked, for peo- Soviet leaders and placed the spotlight on cause of its exclusivist, racist underpinnings, ple to survive with sanity in such a cruel and weapons: the one area where the Soviet but it seemed hard to believe that anything repressive system? I did not have time to Union did, in some respects, enjoy parity could be fundamentally wrong with the in- think much about the question and re- with America. clusive ideal of an egalitarian society or sponded instinctively, largely on the basis of Reagan’s strategic defense initiative ad- with fellow intellectuals like Marx and my own family’s experience of living there, dressed a need which is arguably still impor- Lenin, who spent so much time in the Brit- ‘‘Because of the women, Mr. President.’’ It tant today with the possibility of rogue ish Museum even if they never worked in fac- was the babushkas who held the family to- states acquiring deadly delivery capabilities. tories. gether, staying at home while both parents But, at that time, it represented as well a The capacity to provide gratuitous excuses worked, creating a nest of warmth and hon- second key challenge to which the Soviet for Soviet behavior had reached a grotesque esty that compensated for the falsehoods and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11697 absurdities of the system and the coldness of overdrive schedule of visiting and Thatcher summed up President Reagan’s both the climate and the bureaucracy. empathizing with almost all the positive ele- contribution to the astonishing changes in At a dramatic moment at the Moscow sum- ments in Russia that were then pressing for the world today, ‘’Ronald Reagan won the mit of 1988, President Reagan was asked by a change. As she debarked from the plane, she Cold War without firing a shot.’’ Credit for Russian reporter on live television if he had was whisked by Raisa Gorbachev into the the victory is shared by all who fought and any messages to leave behind to the Russian Cathedral of the Assumption in the Kremlin, suffered for the idea that just government is people. He replied that he wanted to send where she politely asked why it was no derived from the consent for the govern- this heartfelt greetings to the women of Rus- longer the center of worship that it had been ment. sia for their role in holding families together and would once again soon become. She got Americans and freedom fighters every- and transmitting the traditions and values up early the next morning and asked to see where recognize President Reagan as the of the Russian people from one generation to Russia’s greatest icons which had been re- godfather of the contemporary movement another. This spontaneous response was moved from public view by the regime, os- that would liberate half a billion people from mentioned by almost all Russians with tensibly for restoration but probably also to communism and authoritarianism. whom I talked in the additional week I avoid excessive veneration during Russia’s Mrs. Reagan, tonight we are giving IRI’s stayed on after the summit to inventory pop- Millennium year of Christianity. By prying Freedom Award to President Reagan to ular reactions. And I thought of this remark these holy pictures out of the reserve collec- honor the man who’s faith in our country again when I was in Moscow three years tion of the Tretyakov Gallery, she enabled and it’s mission is unyielding. But, we are later as the entire system imploded during 48 Russians to see them since there had to be here to honor you as well for your long part- dramatic hours in August 1991. Crucial in the television coverage of her visit. nership with the President for the work that resistance against the coup attempt of the She visited schools, writers, and has meant so much to America and the dying Communist system were the old Pastenak’s grave, and—all on one hectic world. For your shared commitment to pre- women who castigated the young boys in the day—the greatest single mind and the two serve the ideals which make America great, tanks and, in effect, became an alternate best cultural centers in St. Petersburg before for your compassion for those who struggle chain of command, demanding that they returning by plane to host the state dinner to live their lives as we live ours, free people obey their mothers rather than their offi- at which she inter-seated the Soviet political in a free country. cers. establishment with its own cultural and po- This is a fitting expression of our gratitude President Reagan’s Moscow summit in 1988 litical opposition. but it will not suffice to honor the service coincided with the Russian celebration of the This whirlwind of activity exhausted her you and the President rendered to humanity, Millennium of Christianity, and the Presi- traveling companions, like the wife of the merely a token of our appreciation. The dent had planned to visit the newly restored Russian President, Mrs. Gromyko, who ob- highest tribute we can pay it to keep faith, Danilov Monastery and to identify himself served on the plane going back to Moscow your faith, and the faith that shouts to ty- with the old Biblical story that Russians that she had solemnly concluded that some rants, ‘‘tear down this wall.’’ Like Ronald were then recovering. Many Americans, how- kind of Supreme Being might actually exist. Reagan we must be destroyers, not builders ever, were urging him to cancel this visit be- Gorbachev met for the very first time at of walls. All Americans, especially Repub- cause of the role that the Russian Orthodox Nancy Reagan’s dinner Tengiz Abuladze, licans gain courage from your example and Church hierarchy had played in suppressing whose great film ‘‘Repentance’’ was probably not fear the challenge from an every smaller the rights of Uniate Catholics in the the most important, single cultural docu- world. We should build our walls in a futile Ukraine. The President resolved this di- ment in pushing for the repudiation rather attempt to keep the world at bay, not walls lemma not by retreating from the visit but than just the modification of the Soviet sys- to people, no walls to the free exchange of by using it energetically to endorse the tem. ideas, no walls to trade. Ronald Reagan rights of the Catholic minority in the very Thanks, largely to Nancy, the Reagan knew and you did, that an open competition sanctuary of Russian Orthodoxy. He seems story is not over just because the sound of our ideals and ingenuity assure dour suc- instinctively to have understood that even track is now silent. The one key illustration cess. You both knew that isolationism and imperfect sources of the good should be sup- for this story is that of a man and woman, protectionism is a fools error. You both ported if the mission is to expel the real evil hand-in-hand, who made their sunset years knew that walls were for cowards, not for us, that had so long been camouflaged under the those of America’s sunrise. not for Americans. mask of utopian perfection. There are those who define this country by Of course, Ronald Reagan was not the only, REMARKS BY SENATOR JOHN MCCAIN what we are against and not what we are for. and at times not the main, hero of the story A long running dispute among historians is It is enough for them that the United States of the Cold War’s ending. The peoples of whether great men and women shape their opposed communism and once the threat Eastern Europe and leaders like Gorbachev times or whether the times shape the person. communism posed to our security was de- basically affected the changes; and, on the I suspect both propositions are true, but, feated they view America as the champion of American side, it was a cumulative and es- there is no doubt that Ronald Reagan, a man liberty to become an expensive vanity which sentially bi-partisan accomplishment. who’s character was certainly shaped by the was sure to disappear with the Berlin wall. But President Reagan, in playing out the times, profoundly influenced the course of Such a grand view of the American purpose all-important end game of the Cold War, had human history. He did so in many ways insults the generous spirit of Ronald Reagan a rare gift for making the American people which Senator Lott so ably identified. who believed that supporting the forces of comfortable with the main lines of his for- But, of all the lessons President Ronald democracy overseas was our abiding moral eign policy even when they were uncomfort- Reagan also taught the world, the one which obligation just as it was a practical neces- able with details. transcended all the others was his extraor- sity during the Cold War. At the end of an ideal story, good not only dinary insight into the universal appeal of I am proud of Americas long and successful triumphs over evil, but those who had been American Ideals and the ultimate futility of opposition to communism, but being anti- in darkness find the light and every one lives building walls to freedom. communist was not enough. It was never happily ever after. We all know that even At the time Ronald Reagan began his pres- enough. In our efforts to help others secure this happy story did not quite work out this idency there were few among us who shared the blessings of liberty distinguishes us from way. Many are still in darkness in the East; his remarkable confidence that a new age of all other nations on earth. It was necessary there were and are some shadows in our enlightenment for the rights of man would to defeat communism to protect the well- light; and it was not the end of history. be ascended in all the corners of the world. being of Americans but it was also necessary But the long-lingering cloud of potential This was not only possible in some distant to defeat communism because it threatened total war was evaporated along with the em- century but probable in our time. For most America’s best sense of itself and our sub- pire that might have activated it. And our of us who have lived through the long strug- lime legacy to the world. children and our children’s children will al- gle between the forces of freedom and the Mrs. Reagan, we thought long and hard ways owe a lot to a man who had a good forces of tyranny the prospect of our even- about a gift to give you and the President story to tell, and like most great story- tual triumph seemed a long distance off. this evening in addition to the Freedom tellers, was at heart a romantic. Ronald Reagan did not see it that way, Ron- Award. We decided upon something appro- In most morality tales that have human ald Reagan did not believe in walls. That was priate for the occasion and to the spirit of appeal, there is a strong woman who helps his genius. Ronald Reagan predicted to a the Reagan legacy. But without our sincere the forces of good overcome those of evil and skeptical world that it was inevitable, emi- commitment of carrying on that legacy, redeem the follies of man. nent for freedom. ‘‘Let us by shy no longer’’ these tokens will have little value, and on Ronald Reagan had—and still has—such a he asked, ‘‘let us go to our strength. Let us behalf of everyone here, I give you and Presi- woman at his side. At the Moscow summit of offer hope, let us tell the world that a new dent Reagan that commitment. 1988, the President was sustained and sup- age is not only possible but probable.’’ These Many years ago now, I and a great many ported at every turn by a wife who did not words marshaled the American people and friends were kept behind walls in a place simply do traditional, ritual things, but read their allies for a reinvigorated campaign to where human beings suffered for their dig- richly into Russian history and subjected support the forces of liberty in some of the nity without a feel to a just government. herself to a cram course that continued right most closed societies on earth. When we came home many of us were eager up to the moment Air Force One touched In one perfect sentence, that keen observer to visit with two people we knew who didn’t down in Moscow. She then plunged into an of the Reagan Presidency, Lady Margaret believe in walls, two people who did the right

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11698 CONGRESSIONAL RECORD — SENATE November 4, 1997 things to help free us from the walls which tions to come. And speaking of legacies, the prehensive sanctions on the Govern- confined us. Two people who we knew kept International Republican Institute is really ment of the Sudan. Specifically, the faith in us as we were challenged to keep the living legacy of Ronald Reagan’s peace United States has put into place new, faith in our country. You and, then, Gov- through strength approach to foreign policy. unilateral sanctions that will prevent ernor Ronald Reagan, graciously attended a I know I am being biased a little bit, I know homecoming reception for us one evening in you’ll agree that during his eight years in the Government of the Sudan from San Francisco. It was an event none of us the White House, my husband encouraged reaping financial and material gain will ever forget, nor our admiration and ap- untold numbers of people around the world from trade and investment initiatives preciation for you began many years before to move toward democracy. Ronnie was a be- by the United States. when we learned that taps on walls and whis- liever. He believed in the power of freedom. As Secretary of State Madeleine pered conversations was work being done to He had a dream that in the twenty-first cen- Albright said earlier today, this policy help us return to a land without walls. tury human beings would be respected every- change is designed to send a strong sig- This handsome box contains two symbols where, hoping that one day, people of all na- nal to the Sudanese Government that of the vision and faith for which we and the tions would have the privilege of basking in it has failed to address the concerns ex- President will always be celebrating. The the light of freedom and I’m convinced that first is a piece of the multi-colored brick along with your help and vision this dream pressed in no uncertain terms and on taken from the rubble of what was once a will come true, and I know you do to. several occasions by the Clinton Ad- prison wall built by the French a century Thank you for inviting me here, for ac- ministration. In particular, the Sudan ago and called by the Vietnamese ‘hoaloa’. knowledging my roommate. I know that he continues to engage in practices that The Americans who were later obliged to will enjoy being a part of these special peo- we Americans find unconscionable, in- dwell there, called it the ‘Hanoi Hilton’. ple. Thank you.∑ cluding: providing sanctuary for indi- These walls no longer stand, the prison was f viduals and groups known to have en- demolished a few years ago and a real hotel, presumably with better room service was THE INVESTITURE OF THE HONOR- gaged in terrorist activity; encour- erected in its place. ABLE DEBORAH ROSS ADAMS aging and supporting regional insur- gencies; continuing a violent civil war The second gift is a customized POW brace- ∑ let inscribed to you and President Reagan Mr. ABRAHAM. Mr. President, I rise that has cost the lives of thousands of for your faith, loyalty and perseverance from today to congratulate the Honorable civilians; and engaging in abominable all of us who came home, as well as those Deborah Ross Adams on her appoint- human rights abuses. who did not, remember with enormous grati- ment as a new judge of the 36th Dis- Mr. President, these are the four tude your loyalty to us and your steadfast trict Court. On Friday, November 14 main issues that continue to plague faith in the cause we serve. she will be invested and begin her offi- U.S.-Sudan relations. Let me take each There’s a story about President and Mrs. cial duties. of them in turn. Reagan that has always impressed me, be- Judge Adams is very deserving of cause it demonstrates their sincerity and First, terrorism. Terrorism is clearly concern for Americans who suffer for their this appointment. Throughout her ca- one of the most vexing threats to our countries sake. A long time ago, the Presi- reer, she has maintained the strongest national security today. Terrorist dent and Mrs. Reagan became concerned of commitments to the highest judicial groups, by seeking to destabilize or about the plight of those who were held cap- standards. From her private practice to overthrow governments, serve to erode tive in Vietnam. President Reagan decided her role as a magistrate, Judge Adams international stability. By its very na- to hold a press conference to express his sup- has been recognized by her peers for ture, terrorism goes against everything port for improvement in their treatment and her impartiality and broad knowledge we understand to be part of the ‘‘inter- their rapid homecoming. At that press con- of the law. ference were families and children of those national system,’’ challenging us with who were missing in action at that time. As Judge Adams has accumulated this methods we do not necessarily com- President Reagan began his remarks for the wealth of legal knowledge over several prehend. People—often, innocent by- bank of cameras and media people there, a years and numerous experiences. After standers—die as a result of such ter- little boy, about three years old, came for- attending one of the most outstanding rorism. Buildings are destroyed. And ward from the crowd and tugged at his institutions of legal education in the everyone’s sense of personal safety is sleeve. President Reagan bent over and the Nation, she was a law clerk, started shattered. little boy whispered in his ear and then her own private practice, and served According to the State Department’s President Reagan left with the little boy to the city of Detroit, among other roles. his office and then came back. It turns out most recent Patterns of Global Ter- that the young boy had to go to the bath- These many experiences have afforded rorism report, Sudan ‘‘continued to room. Judge Adams tremendous opportuni- serve as a refuge, nexus, and training Then as President Reagan began his re- ties to gain a better, more comprehen- hub in 1995 for a number of inter- marks again the young boy tugged his sleeve sive understanding of the law. In the national terrorist organizations,’’ again and Ronald Reagan bent over and he process, she has become a most quali- which likely include some of the most said, ‘‘Please, can you help bring my daddy fied individual. notorious groups in the world such as home?’’ President Reagan from that time on Additionally, Judge Adams is very Hamas, Abu Nidal and Hezbollah, wore a bracelet with Captain Hanson’s name involved with her community. Belong- on it. among others. In addition, the govern- Mrs. Reagan, your husband served and hon- ing to numerous civic and professional ment continues to harbor individuals ored us and are honoring us still. As you re- organizations, Judge Adams continues known to have committed terrorist member us, we will always remember you. to help the children and families of acts. For example, it is widely believed And stand witness to a greatness and a faith Michigan. Through these many mem- that Osama Bin Laden, who was once that could not abide walls. Mrs. Reagan. berships, Judge Adams has come to described by the State Department as know her community intimately; an ‘‘one of the most significant financial REMARKS BY MRS. NANCY REAGAN 1997 education that especially prepares her sponsors of Islamic extremist activities Thank you very much. Thank you for all for the role she now undertakes. in the world,’’ enjoyed refuge in the our presents and for a very kind introduc- Mr. President, it gives me great Sudan in the early 1990’s. tion. Thank you, Trent and thank you, Jim pleasure to welcome Judge Adams to Second, Sudan’s support of insur- for those wonderful remarks about my hus- band and me. I do know that I am not the the bench. Her reputation as being fair- gency movements in many of its neigh- speech maker in the family or the story- minded precedes her, and I am con- boring countries poses a significant teller. But I am very honored to be here to- fident the 36th District and the State threat to regional stability. In Eritrea, night to accept the 1997 IRI Freedom Award of Michigan will benefit from her ten- it supports the Eritrean Islamic Jihad, on my husband’s behalf. I wanted to be here ure.∑ and in Uganda, it supports both the tonight for him, especially since tonight is f Lord’s Resistance Army and the West really a special night for the both of us. Not Bank Nile Front. Sudanese government only is the IRI honoring my husband but it’s SUDAN SANCTIONS ON TARGET officals have been known to smuggle been done in partnership with the Ronald ∑ Mr. FEINGOLD. Mr. President, I rise Reagan Presidential Foundation that sup- weapons into Tunisia. ports the Reagan library and its programs. today to commend the Administration Third, Sudan continues to promote a The library is a very special place for both on a policy change announced today. brutal civil war against the largely Ronnie and me. It’s a place where the legacy Last night President Clinton signed Christian and animist people of South- of Ronald Reagan is preserved for genera- an executive order imposing com- ern Sudan. Sadly, during its 41 years of

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11699 independence, Sudan has only seen on the bilateral relationship including provides good benefits at a reasonable about 11 years of peace. This seemingly prohibitions on foreign, agricultural, cost. It will serve military retirees well endless conflict has taken the lives of military and export-import assistance, and uphold the Government’s commit- more than 1.5 million people and re- as well as licensing restrictions for ment to provide quality health bene- sulted in well over 2 million displaced dual use items and mandated U.S. op- fits. Our military retirees deserve no persons or refugees. Perhaps the sad- position to loans from international fi- less.∑ dest consequence of the war is that nancial institutions. there are thousands of teenagers who In addition, the United States has f do not remember a peaceful period, and supported several resolutions by the FUNDING OF THE MEDICAL CREEK who know better the barrel of a gun United Nations Security Council, in- TRIBAL COLLEGE cluding three demands that Sudan ex- than the inside of a classroom. ∑ The international community has tradite three suspects wanted in con- Mrs. MURRAY. Mr. President, would done the best that it can with this situ- nection with the failed 1995 assassina- the chairman of the Interior Appro- ation; there are approximately 40 na- tion attempt against Egyptian Presi- priations Subcommittee yield for a tional and international humanitarian dent Hosni Mubarak. After Sudan question? organizations providing millions of dol- failed to comply with these resolu- Mr. GORTON. I would be happy to lars annually in food aid and develop- tions, the Council later adopted meas- yield to the Senator from Washington. ment assistance. For its part, the ures calling on member states to adopt Mrs. MURRAY. Mr. President, Sen- United States government has provided travel restrictions and to ban flights ator GORTON and I have been working more than $600 million in food assist- by Sudanese-government controlled with the Puyallup Tribe of Washington ance and non-food disaster assistance aircraft. to establish base funding in the BIA since the mid-1980’s. But, as important as these measures budget for the Medicine Creek Tribal The United Nations’ Operation Life- have been, Sudan has apparently re- Community College in Tacoma, WA. line Sudan [OLS], which maintains a fused to get the message that its ac- The Tribe has been working diligently unique agreement with parties to the tions are simply unacceptable. and patiently with the BIA to secure conflict, has been instrumental in al- Sudan has the potential to be one of the necessary accreditation to facili- lowing humanitarian access to dis- the most important countries in Afri- tate such base funding. I am happy to placed persons in the southern Sudan. I ca. It is the largest country on the con- report that the tribe has just recently commend the humanitarian organiza- tinent and has a population of 29 mil- received such accreditation. tions operating in the region who daily lion people. With cultural and geo- However, the BIA has recently denied face not only enormous technical and graphic ties to both Arab North Africa the Puyallup request for funding on the logistical challenges in serving the Su- and black sub-Saharan Africa, the grounds that they had not established danese population, but also the all-too- Sudan has the potential to play a sig- their accreditation, even though that nificant role in East Africa and the frequent threat of another offensive was not a requirement of the BIA rules Gulf region. nearby. when the initial request for funding Unfortunately, Mr. President, Sudan Fourth, the Sudanese government was made. On April 8, 1997, I wrote the continues to squander that potential has a deplorable record in the area of BIA to express my concern regarding by engaging in or supporting out- human rights. According to the most an apparent accreditation ‘‘catch-22’’. rageous acts of violence and terrorism. It seemed that in order to be accred- recent State Department human rights So, Mr. President, I welcome the report, the Khartoum government ited, the school needed to demonstrate President’s decision to take a tougher a secure funding base. However, to se- maintains not only regular police and line with respect to Sudan.∑ army units, but also internal and ex- cure a funding base the college needed ternal security organs, a militia unit, f to be accredited. I expressed to the BIA and a parallel police called the Popular FEHBP + 65 DEMONSTRATION my sincere desire to see this apparent Police, whose mission includes enforc- PROJECT conundrum resolved. Over the past sev- ing proper social behavior. In 1996, ac- ∑ Mr. BURNS. Mr. President, as a co- eral months, it appeared that the BIA cording to the report, government sponsor of S. 224, to allow Medicare— was, in fact, moving to address this forces were responsible for eligible military retirees to join the issue. In a recent meeting the tribe had extrajudicial killings, disappearance, Federal Employees Health Benefits with Michael Anderson, Deputy Assist- forced labor, slavery, and forced con- Plan, I am pleased to cosponsor S. 1334, ant Secretary for Indian Affairs, they scription of children. Basic freedoms— introduced by Senator BOND. S. 1334 were assured they would receive fund- of assembly, of association, of pri- will create a demonstration project to ing for fiscal year 1998. But we now un- vacy—are routinely restricted by the evaluate the concept of increasing ac- derstand that the BIA has changed its government. Worse, imposition of Is- cess to health care for military retirees mind and indicated that Medicine lamic law on non-Muslims is far too by allowing them to enroll in the Fed- Creek Tribal College will not receive common. An April 1997 U.N. Human eral employees plan. funding for fiscal year 1998. This is not Rights Commission resolution identi- After hearing from military retirees acceptable. fied pages of similar abuses. in Montana, I am convinced that In the conference report on H.R. 2107, Mr. President, this is not a regime FEHBP + 65, as it’s called, is a nec- the conferees agreed to increase fund- that should be included in the commu- essary step to help ensure that mili- ing for tribally controlled community nity of nations. tary retirees have access to quality colleges by $2,500,000 over the fiscal In response to Sudan’s actions in health care. When military retirees year 1997 level. Is it the intention of these areas, particularly with respect turn 65, they no longer have guaran- the chairman of the subcommittee that to terrorism, the U.S. government has teed access to health care. The lucky the Medicine Creek Tribal College be imposed a series of sanctions on the ones can get services from military eligible for some of this funding? current Sudanese regime over the past treatment facilities [MTFs] on a space- Mr. GORTON. Mr. President, like several years, including suspending its available basis, but the rest do not Senator MURRAY, I am disturbed that assistance program and denying senior have access to MTF’s. They must rely BIA has now taken the position that Sudanese government officials entry on Medicare, which has less generous the Medicine Creek Tribal College will into the United States. benefits and significant out-of-pocket not receive any funding. My office has In part at my urging, the Adminis- costs, despite the commitment they re- worked with the tribe and understood tration officially designated Sudan as a ceived for lifetime health benefits by that their funding needs would be met state sponsor of terrorism by placing it virtue of their service to this country. in fiscal year 1998. We urge the BIA on the so-called ‘‘terrorism list’’ in They are the only group of Federal em- make funds available from the increase 1993. Inclusion on the terrorism list, ployees to have their health benefits in tribal community college funding to according to Section 6(j) of the Export cut off at age 65. That just not right. assist the Medicine Creek Tribal Col- Administration Act (P.L.96–72), auto- The Federal Employees Health Bene- lege move forward with its recent ac- matically puts statutory restrictions fits Plan is a popular program which creditation.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11700 CONGRESSIONAL RECORD — SENATE November 4, 1997 Mrs. MURRAY. Mr. President, I dozens of lives that I am personally aware of. nated primary, secondary, and tertiary thank the chairman for this important His private nature and extreme humility pre- prevention effort among the Navajo, clarification.∑ vent me from detailing these ‘‘personal who have a large population with a blessings’’ that he made possible for many of high incidence of diabetes and risk fac- f us. I am honored to have the privilege of shar- tors for diabetes.’’ TRIBUTE TO DELEGATE LACEY I have reached agreements in the PUTNEY ing with you some of the contributions made by the country boy from Big Island; that Senate Appropriations bill for Labor- ∑ Mr. WARNER. Mr. President, across man of great integrity, wisdom, faith, com- HHS to fund such a center for pre- our great Nation in the 50 State legis- passion and humility; the gentleman from venting diabetes in Gallup, New Mex- latures, we find true public servants Bedford, the Honorable Lacey E. Putney, ico. In a colloquy with Subcommittee who receive very little remuneration, House of Delegates member, Nineteenth Dis- Chairman ARLEN SPECTER, we will af- but dedicate themselves to the chal- trict, with thirty-six years of distinction. firm the need for this center in our na- lenge—the pain and the joy—of rep- tional approach to alleviating the resenting at the grassroots of Amer- ‘‘Bedford City Council works with a num- ber of Virginia legislators and it is grati- acute increases in diabetes, especially ican citizens. They are the first line of fying to see the high level of esteem and re- among American Indians whose inci- defense and offense for our citizens. spect that Lacey is accorded from both his dence rate is almost three times the I rise today to pay tribute to one who state peers as well as national representa- national average. quietly and humbly personifies the best tives. Among Navajo Indians over age 45, qualities of these public servants. Dele- ‘‘Lacey has taken a personal interest in as- two in five have been diagnosed as dia- gate Lacey Putney of Big Island, VA, is suring that Bedford has received proper rec- betic, and many experts believe that the most senior member of the Virginia ognition and the deserved respect on the fol- almost four in five actually have diabe- House of Delegates and the only Inde- lowing: ‘‘Passage of legislation that guaranteed tes, but we will not know until our out- pendent. When he is re-elected today, Barr Laboratories locating in Bedford Coun- reach and testing efforts are improved he will tie with former speaker John ty; on this vast Indian reservation. Warren Cooke’s record for the longest ‘‘Strong leadership position with respect to Dr. Bernstein ‘‘points out that the service in Virginia’s General Assem- the National D-Day Memorial’s state fund- gene that predisposes someone to dia- bly—38 years. ing; betes is five times more prevalent in Delegate Putney and I were class- ‘‘Persistence with the Highway Commis- American Indians than in whites and mates and close friends as students at sion to insure needed work on Highway 501 twice as prevalent in blacks, Hispanics Washington and Lee University a half and the Independence Boulevard project. ‘‘Lacey has responded to the needs of our and Asians than in non-Hispanic century ago. I have been privileged to community in real time with real results. whites.’’ He says the disease has count him as a valued advisor since ‘‘Lacey plays a pretty good game of tennis ‘‘failed to get priority status because it that time. for an old guy.’’—Skip Tharp, Bedford City strikes minorities disproportionately.’’ As this month’s ‘‘Virginia—Capitol Council.∑ He is absolutely right about the lack Connections’’ magazine states: ‘‘Lacey f of attention to the problems of Navajo Putney: The Democrats Want Him, The and Zuni Indians in New Mexico and SURGE IN DIABETES Republicans Want Him, But the People Arizona. I would remind my colleagues of Virginia Have Him.’’ ∑ Mr. DOMENICI. Mr. President, as I that the Balanced Budget Act of 1998 I ask unanimous consent to place in work with my colleagues to increase has a $30 million per year program for the RECORD at this point two tributes federal support for combating the inci- preventing and treating diabetes to Delegate Putney. dence of diabetes particularly among among American Indians through the The tributes follow: minorities such as American Indians, Indian Health Service (IHS). This com- THE HONORABLE LACEY E. PUTNEY Hispanics, Blacks, and Asians, I would mitment is for five years or a total of (By Charles W. Gunn, Jr.) like to draw your attention to an arti- $150 million. Some forty-two years ago I first met Lacey cle in Monday’s Washington Times, No- I am currently working with HHS Putney, the country gentleman from Big Is- vember 3, 1997. It is by Joyce Howard Secretary Shalala to coordinate the ef- land, Virginia. This young man was different Price and entitled ‘‘Surge in diabetes forts of this IHS funding from the Bal- from most in his comfortable approach to tied to unhealthy lifestyles.’’ anced Budget Act with CDC to focus on strangers in that he assisted them while Dr. Gerald Bernstein, President-elect designing more culturally relevant pre- thanking them for helping him. I never saw of the American Diabetes Association, vention and diagnosis approaches in a him ask for help, but I saw him carefully is reported to say that the national in- seek out those who needed help. new prevention research center in Gal- His deep compassion for his fellow man was crease in diabetes was predictable, lup, New Mexico. Even if we are slow to quite unique and so needed in our world ‘‘given that the population is older, learn more about treating this dreaded today. He is a man of action with many per- fatter, and less active.’’ disease, enough is known today to sig- sonal accomplishments of assisting the most Dr. Bernstein was referring to a re- nificantly control the negative end re- needy without seeking public acknowledg- port from the Centers for Disease Con- sults of diabetes like blindness, ampu- ment. When he hears of a need, he responds trol and Prevention (CDC) estimating tation, and kidney failure. either in person or else contacts the person that 16 million Americans currently I hope my colleagues will continue to or agency who can best address the problem. have diabetes, but only 10 million have He is tough and thorough, while coupled support my efforts to create this very with a soft heart. If you decide to debate been diagnosed. He said, ‘‘Cancer is specialized center for the study of im- him, be certain you are well prepared, for he much more dramatic and devastating. proving prevention techniques for Indi- seldom uses all of his ammunition but saves With diabetes, you erode and rot away. ans and other minorities. In the case of some for the rebuttal. He rarely loses! It’s almost like leprosy.’’ Navajo and Zuni Indians, prevention During his thirty-six years of selfless serv- The article goes on to quote Dr. can be difficult to incorporate into ice, thousands of citizens have been helped Richard C. Eastman, director of the daily reservation life. Exercise pro- by his legislative actions. Equally, thou- National Institute of Diabetes and Di- grams may not be readily available, di- sands have been helped by his personal in- volvement or intervention. He is an Inde- gestive and Kidney Diseases who said, etary changes may be contrary to local pendent by choice (officially since 1967) but ‘‘While we usually get an increase of 3 custom for preparing foods, or soft has always been independent in making deci- to 4 percent, there was an 8 percent in- drinks may be routinely substituted sions in our government. If it’s a matter of crease this year. We fund 1 in 4 or 1 in for drinking water that is not plentiful principle, Lacey will take his stand even if 5 investigators.’’ Dr. Eastman esti- or potable. he is alone. That’s integrity at it’s best. mates the current national research ef- These kinds of factors in Indian life I am grateful to Lacey’s wonderful wife, fort in diabetes at $200 million. will be studied carefully at the Gallup Elizbeth, and his children, Susan and Ed- Health and Human Services (HHS) Diabetes Prevention Research Center. ward, for their sacrifice in giving Lacey their sincere support during these thirty-six years Secretary Donna Shalala agreed with Recommendations and CDC assistance of service to all Virginians. me earlier this year that a special ef- will be provided to IHS service pro- Lacey touched my personal life and family fort is needed to create a multi-million viders throughout the Navajo Nation, in ways that were miraculous as he did in dollar effort for a ‘‘large-scale, coordi- the Zuni Pueblo, and other Apache and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11701 Pueblo Indians in New Mexico and Ari- data also indicate it may have contributed 2 diabetes,’’ a condition usually confined to zona. It is my hope that improved diag- to as many as 180,000 deaths that year. middle-aged adults. ‘‘So we’re now seeing it’s nostic and prevention programs will ‘‘We are becoming a more overweight popu- all over the place.’’ lation, we are less active and we are also get- readily flow from this Gallup center to Dr. Clement agrees a lot more federal ting somewhat older,’’ says Dr. Frank money is needed for research. But he and Dr. all IHS facilities around the country. Vinicor, director of the CDC’s diabetes divi- Eastman point out that the National Insti- It may surprise my colleagues as it sion. ‘‘If you put all of those factors to- tutes of Health is currently funding large did me, that in the 1950’s the IHS offi- gether, we are seeing a chronic disease epi- studies designed to determine if both types cially reported negligible rates of dia- demic occurring.’’ of diabetes can be prevented.∑ betes among Navajo Indians. In less Diabetes is a disease caused by a deficiency f than 50 years, diabetes has gone from of insulin, a hormone secreted by the pan- CBO COST ESTIMATE—S. 1228 negligible to rampant and epidemic. creas that is necessary for the metabolism of sugar. ∑ Mr. D’AMATO. Mr. President, the I commend the Washington Times for Of the estimated 16 million diabetics in the this timely and informative update on United States today, less than 1 million have Committee on Banking, Housing, and the surge in diabetes in our nation. I Type I diabetes, meaning their pancreases do Urban Affairs reported S. 1228, the 50 ask to have the entire article printed not work at all, and they are insulin-depend- States Commemorative Coin Program in the RECORD following my remarks. ent. Type I diabetes usually occurs in child- Act on Friday, October 31, 1997. The I believe this article is a poignant re- hood or adolescence. committee report, Senate Report No. minder of the seriousness of this dis- The overwhelming majority of diabetics 105–130, was filed the same day. ease and its rapid growth in our coun- have Type 2 diabetes, a form of the disease The Congressional Budget Office cost that usually occurs after age 40 and is usu- estimate required by Senate Rule try. My colleagues can count on me to ally treated by diet, pills or both. continue to help with the critical fund- ‘‘The prevalence of Type 2 diabetes is in- XXVI, section 11(b) of the Standing ing to control this disease with every creasing tremendously in the United States Rules of the Senate and section 403 of sensible means possible, especially as people adapt more sedentary lifestyles the Congressional Budget Impound- among the First Americans who seem and obesity increases,’’ says Dr. Stephen ment and Control Act, was not avail- to suffer at disproportionately high Clement, director of the Diabetes Center at able at the time of filing and, there- rates. With our funding successes of Georgetown University Medical Center. fore, was not included in the com- Dr. Bernstein says ‘‘more women die of di- mittee report. Instead, the committee this year, I would urge my colleagues abetes than breast cancer.’’ to continue to seek ways to combat the Nevertheless, he says, it has been hard to indicated the Congressional Budget Of- slow physical erosion that Dr. Bern- ‘‘politicize’’ diabetes except when young fice cost estimate would be published stein described as being almost like children are involved, because the average in the CONGRESSIONAL RECORD when it leprosy. Type 2 diabetic is a ‘‘fat [adult] individual became available. Dr. Bernstein is advocating for a bil- who’s not compliant’’ with recommendations Mr. President, I ask that the full lion dollars to expand urgent research that he or she exercise and adopt a healthy statement and cover letter from the and treatment of diabetes. I do not see diet. Congressional Budget Office regarding ‘‘Cancer is much more dramatic and dev- this amount possible in our current astating. With diabetes, you erode and rot S. 1228 be printed in the RECORD. budget situation, but I do concur that away. It’s almost like leprosy,’’ he says, ex- The material follows: the medical costs of treating diabetes plaining why this disease has been given U.S. CONGRESS, will continue to escalate unless our short shrift by political leaders, the media CONGRESSIONAL BUDGET OFFICE, medical and prevention research ef- and those handing out research dollars. He Washington, DC, October 31, 1997. forts are more successful. I thank the says the disease has failed to get priority Hon. ALFONSE M. D’AMATO, Senate for this year’s strong support of status because it strikes minorities dis- Chairman, Committee on Banking, Housing, proportionately. and Urban Affairs, U.S. Senate, Wash- our efforts in this year’s budget to im- He points out that the gene that pre- ington, DC. prove the situation for all Americans disposes someone to diabetes is five times DEAR MR. CHAIRMAN: The Congressional who are susceptible to the ravages of more prevalent in American Indians than in Budget Office has prepared the enclosed cost diabetes. whites and twice as prevalent in blacks, His- estimate for S. 1228, the 50 States Commemo- The article follows: panics and Asians than in non-Hispanic rative Coin Program Act. [From the Washington Times, Nov. 3, 1997] whites. If you wish further details on this esti- Dr. Richard C. Eastman, director of the mate, we will be pleased to provide them. SURGE IN DIABETES TIED TO UNHEALTHY LIFE- National Institute of Diabetes and Digestive The CBO staff contact is John R. Righter STYLES—DOCTORS CALL FOR FEDERAL RE- and Kidney Diseases, declines to comment on (for federal costs), and Matthew Eyles (for SEARCH FUNDS the adequacy of research funding for diabe- the private-sector impact). (By Joyce Howard Price) tes, which he says is currently $200 million a Sincerely, The president-elect of the American diabe- year. JAMES L. BLUM tes Association, Dr. Gerald Bernstein, says ‘‘We had a record (funding) increase this (For June E. O’Neill, Director). no one should be surprised by the explosion year,’’ he says. ‘‘While we usually get an in- Enclosure. of diabetes in the United States today, con- crease of 3 to 4 percent, there was an 8 per- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE firmed in a new federal report. cent increase this year. We fund 1 in 4 or 1 in S. 1228—50 States Commemorative Coin Program Given that the population is older, fatter 5 investigators.’’ and less active, Dr. Bernstein says, the con- Dr. Bernstein says the recent push for Act tinued increase in diabetes was predictable. stepped-up diabetes research money came Summary: S. 1228 would require the U.S. He also criticizes the federal government for from medical insurers, overwhelmed by hav- Mint to make changes to the quarter-dollar ‘‘totally inadequate’’ levels of support for re- ing to pay the staggering costs of treating and one-dollar coins and to issue three coins search. patients stricken with strokes, cardio- commemorating the 100th anniversary of the With all its complications, he says, diabe- vascular disorders, nerve damage, kidney first flight at Kitty Hawk, North Carolina. tes costs the nation about $140 billion a problems, limb amputations, and vision loss CBO estimates that enacting this bill would year—about 15 percent of all U.S. health ex- triggered by diabetes. decrease direct spending by $15 million over penditures: Cardiovascular disease and stroke risk are the 1998–2002 period and by $40 million over ‘‘While cancer, HIV [and other major dis- two to four times more common among dia- the 1998–2007 period. Because the bill would eases] get $5 to $10 for research for every $100 betics than the general population, and bet- affect direct spending, pay-as-you-go proce- spent on health care, diabetes gets just 25 ter than 60 percent of diabetics have high dures would apply. S. 1228 contains no inter- cents,’’ says Dr. Bernstein, director of the blood pressure and mild to severe neurop- governmental or private-sector mandates as Harold Rifkin Diabetes Center in New York. athy, or nerve damage. defined in the Unfunded Mandates Reform A report by the federal Centers for Disease ‘‘This disease is going to break the eco- Act of 1995 (UMRA) and would not affect the Control and Prevention says about 16 million nomic back of this country, so the amount budgets of state, local, or tribal govern- Americans currently have diabetes, but only provided [by the federal government] for dia- ments. about 10 million have been diagnosed. The betes research should be a billion dollars a Description of the bill’s major provisions: number of diagnosed cases is up from 1.6 mil- year,’’ Dr. Bernstein says. S. 1228 would direct the Secretary of the lion in 1958. As evidence of the need for more research, Treasury to design and issue a series of quar- Diabetes is the nation’s seventh leading he cites a recent study by researchers at the ters commemorating the 50 states over a 10- killer and was the primary cause of more University of Arkansas ‘‘who found a teen- year period beginning in 1999. During this pe- than 59,200 deaths in 1995, according to the age population that was obese, hypertensive riod, designs for each state would replace the National Center for Health Statistics. But [had high blood pressure], and also had Type current eagle design on the reverse side of

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11702 CONGRESSIONAL RECORD — SENATE November 4, 1997

the George Washington quarter. The Mint By fiscal year, in millions of dol- infrastructure and materials and to design would issue five quarters a year in the order lars— and promote a new one-dollar coin. That es- that the states ratified the Constitution or timate, however, assumed that the one-dol- 1998 1999 2000 2001 2002 were admitted into the Union. Before select- lar bill would be eliminated, and that the ing an emblem for each state, the Secretary Estimated Outlays ...... 0 ¥8 ¥5 ¥5 ¥5 Mint would produce an initial supply of ap- of the Treasury would consult with the New One-Dollar Coin: proximately 9 billion coins to meet the Estimated Budget Authority ...... 1 3 3 1 0 state’s governor and with the federal Com- Estimated Outlays...... 1 3 3 1 0 public’s demand for one-dollar currency. mission of Fine Arts (CFA) and would submit Net Change in Direct Spending Under Under S. 1228, CBO expects the public’s an- the selected design for review by the Citizens S. 1228: nual demand for one-dollar coins would ap- Estimated Budget Authority ...... 1 ¥5 ¥2 ¥4 ¥5 Commemorative Coin Advisory Committee Estimated Outlays ...... 1 ¥5 ¥2 ¥4 ¥5 proximate the roughly 50 million Susan B. (CCCAC). The bill would authorize the Mint Anthony coins currently added to the na- to sell silver replicas of the quarters—both Note.—The table only includes provisions that would change direct tion’s circulation of coins each year. Thus, spending in fiscal years 1998 through 2002. S. 1228 also includes a provi- in proof and uncirculated versions. sion that would authorize the Mint to issue three commemorative coins dur- based on information provided by the Mint, S. 1228 also would permanently replace the ing fiscal years 2003 and 2004. CBO estimates start-up costs under this bill current Susan B. Anthony one-dollar coin Basis of estimate of between $5 million and $10 million. That with a new dollar coin. Under the bill, the estimate includes the costs to research, de- Mint could produce additional quantities of Direct spending sign, and test the new coin and to market it the Susan B. Anthony, if needed, until the 50 States Circulating Commemorative to the public. CBO estimates the Mint would new coin was ready for circulation. (The Quarter Program. Beginning in 1999, S. 1228 also incur costs of less than $500,000 in fiscal Mint predicts that public demand will ex- would authorize the Mint to sell silver rep- year 2001 to study the effects of the mar- haust its current inventory of approximately licas of the redesigned 50 states quarters— keting program and report its results to the 130 million coins in about 30 months.) The both in proof and uncirculated varieties. Congress by March 31, 2001. new one-dollar coin would be golden in color CBO estimates that enacting this provision S. 1228 also would authorize the Mint to in- and have distinctive tactile and visual fea- would decrease direct spending by $23 mil- clude the redesigned dollar coin in coin sets tures but would have the same diameter and lion over the 1998–2002 period and by $48 mil- sold as commercial products to the public. weight as the current coin. In consultation lion over the 1998–2007 period. The Mint currently offers a five-coin proof with the Congress, the Secretary of the CBO assumes the Mint would sell a five- set, a five-coin silver proof set, and a 10-coin Treasury would select the designs for both coin proof set a price of around $30, which uncirculated set. Adding a redesigned dollar sides of the coin. The bill also would direct would cover the full cost of the set and pro- coin to one or all of these sets could increase the Treasury to market the coin to the vide it with a margin of profit consistent offsetting collections to the U.S. Mint Public American public before placing it into cir- with past silver proof sets. We also assume Enterprise Fund if its addition increases col- culation and to study and report to the Con- the Mint would sell each uncirculated silver lectors’ interest in the sets. It is uncertain gress on the results of its efforts. In addi- quarter at a price equal to the spot price of whether the Mint would add a redesigned tion, the Mint would have the authority to silver plus a markup of 3 percent. Because dollar coin to each of these sets. Given the include quantities of the new coin in col- the silver replicas would be sold as a com- addition of the commercial items that would lector sets sold to the public prior to its in- mercial product, the receipts would con- be included under the 50 states quarter pro- troduction into circulation. Unlike previous stitute offsetting collections to the Mint. gram, as well as the Mint’s recent introduc- proposals to introduce a new dollar coin, S. Based on information provided by the Mint, tion of platinum coins and its expected first- 1228 would not eliminate the one-dollar bill. including historical sales and profit data for time issue of .9999 fine gold coin sets, CBO Finally, S. 1228 would direct the U.S. Mint past silver proof and uncirculated designs, estimates that even if the Mint does include to produce a ten-dollar gold coin, a one-dol- CBO estimates that the sale of the silver rep- the new dollar coin, any increase in net off- lar silver coin, and a half-dollar clad coin in licas would increase offsetting collections to setting collections from the sale of all com- fiscal years 2003 and 2004 commemorating the the Mint by about $10 million each year for mercial products would be small—as much as 100th anniversary of the first flight of Orville a total of $40 million over the 1999–2002 pe- several million dollars in the first two and Wilbur Wright at Kitty Hawk, North riod. This estimate assumes that, on aver- years—and largely one-time. In addition, Carolina. In selecting a design for each coin, age, the Mint would sell about 1 million five- CBO estimates that the Mint would retain the Secretary of the Treasury would consult coin proof sets each year, which would gen- and spend any additional collections, result- with the Board of Directors of the First erate the $10 million in profits. CBO expects ing in no net budgetary effect over time. Flight Foundation and the CFA and submit that the profits earned in any one year from Commemorative Coins. S. 1228 would direct the designs for review by the CCCAC. The selling uncirculated versions of the quarters the Mint to produce and issue three coins coins would be available for sale from Au- would not be significant. commemorating the 100th anniversary of the gust 1, 2003, through July 31, 2004. The price Public Law 104–52, which established the first flight at Kitty Hawk, North Carolina. of each coin would equal the sum of its face U.S. Mint Public Enterprise Fund, requires Because the coins would not become avail- value, the amount of the surcharge set for it the Mint to transfer any excess funds to the able until 2003, the provision would have no by the bill, and the costs of the Mint to general fund of the Treasury at least annu- budgetary impact over the next five years. produce it. The bill would set a surcharge of ally. For the purposes of this estimate, CBO CBO estimates that the provision would have $35 per coin for the ten-dollar coin, $10 per assumes that the Mint would retain about no net budgetary effect over the 1998–2007 pe- coin for the one-dollar coin, and $1 per coin one-half of the $10 million in increased off- riod. The bill could raise as much as $9.25 for the half-dollar coin. S. 1228 would require setting collections generated from annual million in surcharges if the Mint sold the the Mint to transfer all proceeds from sur- sales of the silver replicas. We estimate that maximum mintage level authorized for each charges to the First Flight Foundation. half of the amount retained would be spent coin, although the experience of recent anni- Estimated cost to the Federal Govern- in the same fiscal year, with the other half versary-based commemoratives suggests ment: The estimated budgetary impact of S. spent in the following fiscal year. In total, that sales would be less than the authorized 1228 is shown in the following table. The net direct spending would decrease by be- total of 1.35 million coins. Because the bill costs of this legislation fall within budget tween $20 million and $25 million over the would require that the Mint transfer all sur- function 800 (general government). 1998–2002 period, or by about one-half of the charges to the First Flight Foundation, a In addition to the budgetary effects sum- increase in offsetting collections to the nonfederal entity, proceeds from surcharges marized in the table, by increasing the Mint. would have no net budgetary impact over public’s holding of coins, S. 1228 also would New One-Dollar Coin. S. 1228 would replace time. We expect that the Mint would retain result in the government acquiring addi- the current Susan B. Anthony one-dollar and spend any additional net proceeds gen- tional resources for financing the federal def- coin with a new one-dollar coin. The bill erated from such sales to fund other com- icit. The seigniorage (or profit, the dif- would authorize the Mint to produce quan- mercial activities. ference between the face value of coins and tities of the Susan B. Anthony, as needed, Seigniorage their cost of production) from placing the ad- until the new coin was ready for circulation. In addition to the bills’ effects on direct ditional coins in circulation would reduce (The Mint has not produced any new Susan spending, by increasing the public’s holding the amount of government borrowing from B. Anthony coins since 1981). According to of quarters, S. 1228 also would result in the the public. Under the principles established the Mint, it would need at least 30 months to government acquiring additional resources by the President’s Commission on Budget design, test, and produce a new one-dollar for financing the federal deficit. Based on Concepts in 1967, seigniorage does not affect coin for circulation. Thus, assuming this bill the previous experience of both the United the deficit but is treated as a means of fi- is enacted within the next several months. States, with the bicentennial quarter in 1975 nancing the deficit. CBO expects that the new coin would not and 1976, and Canada, with its series of quar- begin circulating before sometime in fiscal ters commemorating its 12 provinces and ter- By fiscal year, in millions of dol- lars— year 2000. CBO estimates that producing a ritories in 1992, CBO expects that enacting new one-dollar coin would increase direct the bill would lead to a greater production of 1998 1999 2000 2001 2002 spending by between $5 million and $10 mil- quarters. The seigniorage, or profit, from lion over the 1998–2002 period. placing the additional coins in circulation CHANGES IN DIRECT SPENDING 50 States Quarter Program: Previously, the Mint has estimated cost of would reduce the amount of government bor- Estimated Budget Authority ...... 0 ¥8 ¥5 ¥5 ¥5 about $93 million to purchase the necessary rowing from the public. Such profits are

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11703 likely to be very significant—the Mint esti- manded more one-dollar coins than under duction and handling of the nation’s cur- mates that the seigniorage from making a current law. (According to the Mint, the fed- rency and the changes in seigniorage pre- quarter is 20.2 cents, so for each additional eral government currently is increasing the viously estimated by CBO would not apply to $100 million worth of quarters put into cir- amount of Susan B. Anthony dollars placed S. 1228. culation each year for 10 years, the amount in circulation by about 50 million coins each Pay-as-you-go-considerations: The Bal- of seigniorage earned by the federal govern- year.) Because S. 1228 would not eliminate anced Budget and Emergency Deficit Control ment would increase by about $808 million the one-dollar bill, CBO expects that any in- Act of 1985 specifies procedures for legisla- over the ten-year period. crease in circulation of the one-dollar coin tion affecting direct spending or receipts. By substituting a new dollar coin for the would not be significant. The projected changes in direct spending are current Susan B. Anthony, the legislation Previously, CBO has done estimates for shown in the following table for fiscal years could also affect the seigniorage earned—es- proposals that would replace the one-dollar 1998 through 2007. For purposes of enforcing timated at 92 cents per coin—from circu- bill with a new one-dollar coin. S. 1228 would pay-as-you-go procedures, however, only the lating one-dollar coins. That increase would not remove the one-dollar bill from circula- effects in the budget year and the succeeding occur only to the extent that the public de- tion. Consequently, the savings in the pro- four years are counted. SUMMARY OF EFFECTS ON DIRECT SPENDING AND RECEIPTS

By fiscal year, in millions of dollars— 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Changes in outlays ...... 1 ¥5 ¥2 ¥4 ¥5 ¥5 ¥5 ¥5 ¥5 ¥5 Changes in receipts ...... Not applicable

Estimated impact on State, local, and trib- UNANIMOUS-CONSENT AGREE- AMENDING THE IMMIGRATION al governments: S. 1228 contains no intergov- MENT—NOMINATION OF JAMES AND NATIONALITY ACT ernmental mandates as defined in UMRA and S. GWIN would not affect the budgets of state, local, Mr. BENNETT. Mr. President, I ask or tribal governments. Mr. BENNETT. Mr. President, as in unanimous consent that the Senate executive session, I ask unanimous proceed to the immediate consider- Estimated impact on the private sector: S. consent that at 9:30 a.m., on Wednes- 1228 contains no private-sector mandates as ation of H.R. 2464, which was received defined in UMRA. However, some private- day, November 5, the Senate proceed to from the House. sector entities would incur costs as a result executive session and that there then The PRESIDING OFFICER. The of provisions in the bill to issue a new dollar be 10 minutes of debate, equally di- clerk will report. coin. Vending machine operators who choose vided, between the chairman and rank- The assistant legislative clerk read to accept the new coin, for example, would ing member of the Judiciary Com- as follows: be required to modify their machines be- mittee. I further ask unanimous con- A bill (H.R. 2464) to amend the Immigra- cause the electromagnetic properties of the sent that following that debate, the tion and Nationality Act to exempt inter- new gold-colored dollar coin would be dif- Senate proceed to vote on the con- nationally adopted children 10 years of age ferent from those of the Susan B. Anthony firmation of Calendar No. 328, the nom- or younger from the immunization require- dollar (which many machines are currently ination of James Gwin to be U.S. dis- ment in section 212(a)(1)(A)(ii) of such Act. equipped to accept). Costs of modification trict judge in Ohio. I finally ask unani- The PRESIDING OFFICER. Is there would be reduced if the new coins were used mous consent that immediately fol- objection to the immediate consider- with some regularity and operators were able to eliminate bill acceptors from most lowing that vote, the President be noti- ation of the bill? vending machines. In addition, to the extent fied of the Senate’s action, and that There being no objection, the Senate that the dollar coin circulates even mod- the Senate then return to legislative proceeded to consider the bill. estly, depository institutions would incur session. Mr. KENNEDY. Mr. President, this some additional expenses because they bear The PRESIDING OFFICER. Without bill exempts adopted immigrant chil- a substantial share of processing costs for all objection, it is so ordered. dren ages 10 and under from the bat- circulating coinage. Other entities, such as f tery of immunizations they would nor- mass transit authorities, would experience mally have to receive before being al- HOOPA VALLEY RESERVATION lower costs because coins can be collected lowed to enter the United States. SOUTH BOUNDARY ADJUSTMENT and processed at a cost that is significantly I share Senator ABRAHAM’s dis- ACT lower than notes. Mass transit authorities, appointment that this bill does not go however, are generally publicly operated and Mr. BENNETT. Mr. President, I ask therefore not included in the private sector. further. The immunization require- unanimous consent that the Senate ment which has caused so many prob- Nevertheless, because no provision in federal now proceed to the consideration of law requires any person or organization to lems for all immigrants, including the accept a specific form of payment, including Calendar No. 230, H.R. 79. parents of adopted immigrant children, the proposed new dollar coin, S. 1228 con- The PRESIDING OFFICER. The was passed as a part of last year’s im- tains no private-sector mandates as defined clerk will report. migration bill. This provision requires The assistant legislative clerk read in UMRA. all immigrants to receive the entire se- as follows: Estimate prepared by: Federal Costs: John ries of vaccinations recommended by R. Righter. Impact on the Private Sector: A bill (H.R. 79) to provide for the convey- the Advisory Committee on Immuniza- Matthew Eyles. ance of certain land in the Six Rivers Na- tional Forest in the State of California for tion Practices before they are allowed Estimated approved by: Paul N. Van de the benefit of the Hoopa Valley Tribe. to enter the United States. During the Water, Assistant Director for Budget Anal- The PRESIDING OFFICER. Is there debate of the immigration bill, signifi- ∑ ysis. objection to the immediate consider- cant concerns were raised that this re- ation of the bill? quirement would lead to many unin- f There being no objection, the Senate tended results, such as forged immuni- proceeded to consider the bill. zation records, unavailability of vac- APPOINTMENT BY THE VICE Mr. BENNETT. Mr. President, I ask cines, and inadequate health care if the PRESIDENT unanimous consent that the bill be immigrant had an adverse reaction to a considered read a third time and vaccine. The PRESIDING OFFICER. The passed, the motion to reconsider be As a result of these concerns, the Chair, on behalf of the Vice President, laid upon the table, and that any state- Senate passed a modified immuniza- pursuant to 10 U.S.C. 4355(a) appoints ments relating to the bill appear at the tion provision, requiring immigrants to the following Senator to the Board of appropriate place in the RECORD. obtain most of their immunizations Visitors of the U.S. Military Academy: The PRESIDING OFFICER. Is there after they entered the United States, The Senator from New Jersey [Mr. objection? Without objection, it is so where vaccines and health care are LAUTENBERG] from the Committee on ordered. available and adequate. Unfortunately, Appropriations, vice the Senator from The bill (H.R. 79) was read the third the Senate provisions were dropped in Wisconsin [Mr. KOHL]. time and passed. the conference on the final bill. Our

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11704 CONGRESSIONAL RECORD — SENATE November 4, 1997 concerns were borne out, and the bill Mr. BENNETT. Mr. President, I ask over 500,000 fires every year. Arson is we are about to pass deals with part of unanimous consent that the committee the No. 1 cause of all fires, and is the the problems caused by the overseas substitute be agreed to. second leading cause of fire deaths in immunization requirement. I had The PRESIDING OFFICER. Without residences. hoped we could pass a bill that exempt- objection, it is so ordered. The USFA has initiated several ed all immigrant children, not just The committee substitute was agreed measures to combat this weapon of ha- adopted immigrant children, from this to. tred, including: community grants in requirement. However, the adoptive Mr. BENNETT. Mr. President, I ask high risk areas to hire part-time law parents are legitimately concerned unanimous consent that the bill be enforcement officers, and to pay for about their children’s health, and they considered read a third time and law enforcement overtime and other deserve this relief. I urge my col- passed, the motion to reconsider be church arson prevention activities; Na- leagues to approve this legislation. laid upon the table, and that any state- tional Fire Academy training courses; Mr. BENNETT. Mr. President, I ask ments relating to the bill appear at the additional training and education for unanimous consent that the bill be appropriate place in the RECORD. arson investigators with the Bureau of considered read a third time and The PRESIDING OFFICER. Is there Alcohol, Tobacco, and Firearms; arson passed, and the motion to reconsider be objection? Without objection, it is so prevention information for the general laid upon the table, and that any state- ordered. public; and juvenile arson prevention ments relating to the bill be placed at The bill (S. 813), as amended, was workshops. This bill allows these ef- the appropriate place in the RECORD. read the third time and passed. forts to continue. Mr. President, we owe our support to The PRESIDING OFFICER. Is there f objection? Without objection, it is so this Nation’s 1.2 million firefighters U.S. FIRE ADMINISTRATION AU- ordered. who risk their lives every day to save The bill (H.R. 2464) was read the third THORIZATION ACT FOR FISCAL the lives and property of others. By time and passed. YEARS 1998 AND 1999 passing this bill, the USFA can con- tinue providing the education, data f Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate analysis, training, and technology VETERANS’ CEMETERY now proceed to the consideration of needed to enable these brave individ- PROTECTION ACT OF 1997 Calendar No. 237, S. 1231. uals to do their job as efficiently and Mr. BENNETT. Mr. President, I ask The PRESIDING OFFICER. The safely as possible. This bill ensures unanimous consent that the Senate clerk will report. that both firefighters and the USFA now proceed to the consideration of The assistant legislative clerk read get the financial resources they need to calendar No. 224, S. 813. as follows: serve the public. I encourage my col- The PRESIDING OFFICER. The A bill (S. 1231) to authorize appropriations leagues to support passage of S. 1231. clerk will report. for fiscal years 1998 and 1999 for the United Mr. BENNETT. Mr. President, I ask The assistant legislative clerk read States Fire Administration, and for other unanimous consent that the bill be as follows: purposes. considered read a third time and A bill (S. 813) to amend chapter 91 of title The PRESIDING OFFICER. Is there passed, the motion to reconsider be 18, United States Code, to provide criminal objection to the immediate consider- laid upon the table, and that any state- penalties for theft and willful vandalism at ation of the bill? ments relating to the bill appear at the national cemeteries. There being no objection, the Senate appropriate place in the RECORD. The PRESIDING OFFICER. Is there proceeded to consider the bill. The PRESIDING OFFICER. Is there objection to the immediate consider- Mr. HOLLINGS. Mr. President, I rise objection? Without objection, it is so ation of the bill? today in support of S. 1231 as reported ordered. There being no objection, the Senate by the Commerce Committee. This bill The bill (S. 1231) was read the third proceeded to consider the bill, which would reauthorize the programs of the time and passed, as follows: had been reported from the Committee U.S. Fire Administration [USFA]. S. 1231 on the Judiciary, with an amendment As I stated when we introduced this Be it enacted by the Senate and House of Rep- to strike all after the enacting clause bill, it is a tragic statistic that the resentatives of the United States of America in Congress assembled, and inserting in lieu thereof the fol- United States currently has one of the lowing: SECTION 1. SHORT TITLE. worst fire records of any country in the This Act may be cited as the ‘‘United SECTION 1. SHORT TITLE. industrial world with more than 2 mil- States Fire Administration Authorization This Act may be cited as the ‘‘Veterans’ Ceme- lion fires reported in the United States Act for Fiscal Years 1998 and 1999’’. tery Protection Act of 1997’’. every year. Even more tragic is the SEC. 2. AUTHORIZATION OF APPROPRIATIONS. SEC. 2 SENTENCING FOR OFFENSES AGAINST Section 17(g)(1) of the Federal Fire Preven- PROPERTY AT NATIONAL CEME- fact that these fires result in over 4,500 TERIES. deaths, 30,000 civilian injuries, and bil- tion and Control Act of 1974 (15 U.S.C. (a) IN GENERAL.—Pursuant to its authority lions property losses. 2216(g)(1)) is amended— under section 994 of title 28, United States Code, The USFA has done a tremendous job (1) by striking ‘‘and’’ at the end of subpara- graph (E); the United States Sentencing Commission shall since its creation in 1974, pursuant to review and amend the Federal sentencing guide- (2) by striking the period at the end of sub- the recommendation of the National paragraph (F) and inserting a semicolon; and lines to provide a sentencing enhancement of Commission on Fire and Control, in re- not less than 2 levels for any offense against the (3) by adding at the end the following: property of a national cemetery. ducing deaths and damage caused by ‘‘(G) $29,664,000 for the fiscal year ending (b) COMMISSION DUTIES.—In carrying out sub- fires. This bill before the Senate today September 30, 1998; and section (a), the Sentencing Commission shall en- will allow the USFA to continue assist- ‘‘(H) $30,554,000 for the fiscal year ending sure that the sentences, guidelines, and policy ing our Nation’s 1.2 million member September 30, 1999.’’. statements for offenders convicted of an offense fire service in doing their job, effi- SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS. described in that subsection are— ciently and safely, with the best tech- The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amend- (1) appropriately severe; and nology available. (2) reasonably consistent with other relevant ed— directives and with other Federal sentencing Mr. President, the fire service is one (1) in section 29(a)(1), by inserting ‘‘or any guidelines. of the most hazardous professions in successor standard to that standard’’ after (c) DEFINITION OF NATIONAL CEMETERY.—In the country. Firefighters not only con- ‘‘Association Standard 74’’; this section, the term ‘‘national cemetery’’ front daily the dangers of fire; they (2) in section 29(a)(2), by inserting ‘‘, or any means a cemetery— also are required to respond to other successor standard to that standard’’ before (1) in the National Cemetery System estab- natural disasters, such as earthquakes, ‘‘, whichever is appropriate,’’; lished under section 2400 of title 38, United floods, medical emergencies, and haz- (3) in section 29(b)(2), by inserting ‘‘, or any States Code; or successor standard to that standard’’ after (2) under the jurisdiction of the Secretary of ardous materials spills. ‘‘Association Standard 13 or 13–R’’; the Army, the Secretary of the Navy, the Sec- Finally, we are all well aware of the (4) in section 31(c)(2)(B)(i), by inserting ‘‘or retary of the Air Force, or the Secretary of the recent rise in arson activities in this any successor standard to that standard’’ Interior. country. Arsonists are responsible for after ‘‘Life Safety Code)’’; and

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11705 (5) in section 31(c)(2)(B)(ii), by inserting (2) EDUCATIONALLY USEFUL FEDERAL EQUIP- had been reported from the Committee ‘‘or any successor standard to that standard’’ MENT.—The term ‘‘educationally useful Fed- on Energy and Natural Resources, with after ‘‘Association Standard 101’’. eral equipment’’ means computers and re- an amendment to strike all after the SEC. 4. TERMINATION OR PRIVATIZATION OF lated peripheral tools and research equip- enacting clause and inserting in lieu FUNCTIONS. ment that is appropriate for use in schools. (a) IN GENERAL.—Not later than 60 days be- (3) SCHOOL.—The term ‘‘school’’ means a thereof the following: fore the termination or transfer to a private public or private educational institution SECTION 1. SHORT TITLE. sector person or entity of any significant that serves any of the grades of kindergarten This Act may be cited the ‘‘Battle of Midway function of the United States Fire Adminis- through grade 12. National Memorial Study Act’’. tration, as described in subsection (b), the (b) SENSE OF CONGRESS.— SEC. 2. FINDINGS. Administrator of the United States Fire Ad- (1) IN GENERAL.—It is the sense of Congress The Congress makes the following findings: ministration shall transmit to Congress a re- that the Administrator should, to the great- (1) September 2, 1997, marked the 52nd anni- port providing notice of that termination or est extent practicable and in a manner con- versary of the United States victory over Japan transfer. sistent with applicable Federal law (includ- in World War II. (b) COVERED TERMINATIONS AND TRANS- ing Executive Order No. 12999), donate educa- (2) The Battle of Midway proved to be the FERS.—For purposes of subsection (a), a ter- tionally useful Federal equipment to schools turning point in the war in the Pacific, as mination or transfer to a person or entity in order to enhance the science and mathe- United States Navy forces inflicted such severe described in that subsection shall be consid- matics programs of those schools. losses on the Imperial Japanese Navy during the ered to be a termination or transfer of a sig- (2) REPORTS.— battle that the Imperial Japanese Navy never nificant function of the United States Fire (A) IN GENERAL.—Not later than 1 year again took the offensive against the United Administration if the termination or trans- after the date of enactment of this Act, and States or the allied forces. fer— annually thereafter, the Administrator shall (3) During the Battle of Midway on June 4, (1) relates to a function of the Administra- prepare and submit to the President a report 1942, an outnumbered force of the United States tion that requires the expenditure of more that meets the requirements of this para- Navy, consisting of 29 ships and other units of than 5 percent of the total amount of funds the Armed Forces under the command of Admi- made available by appropriations to the Ad- graph. The President shall submit that re- port to Congress at the same time as the ral Nimitz and Admiral Spruance, out-maneu- ministration; or vered and out-fought 350 ships of the Imperial (2) involves the termination of more than 5 President submits a budget request to Con- gress under section 1105(a) of title 31, United Japanese Navy. percent of the employees of the Administra- (4) It is in the public interest to study whether tion. States Code. (B) CONTENTS OF REPORT.—The report pre- Midway Atoll should be established as a na- SEC. 5. NOTICE. pared by the Administrator under this para- tional memorial to the Battle of Midway to ex- (a) MAJOR REORGANIZATION DEFINED.—With graph shall describe any donations of educa- press the enduring gratitude of the American respect to the United States Fire Adminis- people for victory in the battle and to inspire fu- tration, the term ‘‘major reorganization’’ tionally useful Federal equipment to schools made during the period covered by the re- ture generations of Americans with the heroism means any reorganization of the Administra- and sacrifice of the members of the Armed tion that involves the reassignment of more port. SEC. 8. REPORT TO CONGRESS. Forces who achieved that victory. than 25 percent of the employees of the Ad- (5) The historic structures and facilities on (a) IN GENERAL.—Not later than 180 days ministration. Midway Atoll should be protected and main- (b) NOTICE OF REPROGRAMMING.—If any after the date of enactment of this Act, the tained. funds appropriated pursuant to the amend- Administrator of the United States Fire Ad- ments made by this Act are subject to a re- ministration (referred to in this section as SEC. 3. PURPOSE. programming action that requires notice to the ‘‘Administrator’’) shall prepare and sub- The purpose of this Act is to require a study be provided to the Committees on Appropria- mit to the Committee on Commerce, of the feasibility and suitability of designating tions of the Senate and the House of Rep- Science, and Transportation of the Senate the Midway Atoll as a National Memorial to the resentatives, notice of that action shall con- and the Committee on Science of the House Battle of Midway within the boundaries of the currently be provided to the Committee on of Representatives a report that meets the Midway Atoll National Wildlife Refuge. The Commerce, Science, and Transportation of requirements of this section. study of the Midway Atoll and its environs shall include, but not be limited to, identification of the Senate and the Committee on Science of (b) CONTENTS OF REPORT.—The report the House of Representatives. under this section shall— interpretative opportunities for the educational (c) NOTICE OF REORGANIZATION.—Not later (1) examine the risks to firefighters in sup- and inspirational benefit of present and future than 15 days before any major reorganization pressing fires caused by burning tires; generations, and of the unique and significant of any program, project, or activity of the (2) address any risks that are uniquely at- circumstances involving the defense of the is- United States Fire Administration, the Ad- tributable to fires described in paragraph (1), land by the United States in World War II and ministrator of the United States Fire Ad- including any risks relating to— the Battle of Midway. ministration shall provide notice to the (A) exposure to toxic substances (as that SEC. 4. STUDY OF THE ESTABLISHMENT OF MID- Committees on Science and Appropriations WAY ATOLL AS A NATIONAL MEMO- term is defined by the Administrator); of the House of Representatives and the RIAL TO THE BATTLE OF MIDWAY. (B) personal protection; Committees on Commerce, Science, and (a) IN GENERAL.—Not later than six months (C) the duration of those fires; and Transportation and Appropriations of the after the date of enactment of this Act, the Sec- (D) site hazards associated with those fires; Senate. retary of the Interior shall, acting through the (3) identify any special training that may Director of the National Park Service and in SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 be necessary for firefighters to suppress PROBLEM. consultation with the Director of the United those fires; and With the year 2000 rapidly approaching, it States and Wildlife Service, the International (4) assess how the training referred to in is the sense of Congress that the Adminis- Midway Memorial Foundation, Inc. (hereafter paragraph (3) may be provided by the United trator of the United States Fire Administra- referred to as the ‘‘Foundation’’), and Midway States Fire Administration. tion should— Phoenix Corporation, carry out a study of the (1) give high priority to correcting all 2- f suitability and feasibility of establishing Mid- digit date-related problems in the computer BATTLE OF MIDWAY NATIONAL way Atoll as a national memorial to the Battle systems of the United States Fire Adminis- of Midway. tration to ensure that those systems con- MEMORIAL STUDY ACT (b) CONSIDERATIONS.—In studying the estab- tinue to operate effectively in the year 2000 Mr. BENNETT. Mr. President, I ask lishment of Midway Atoll as a national memo- and in subsequent years; unanimous consent that the Senate rial to the Battle of Midway under subsection (2) as soon as practicable after the date of now proceed to the consideration of (a), the Secretary shall address the following: enactment of this Act, assess the extent of calendar No. 228, S. 940. (1) The appropriate federal agency to manage the risk to the operations of the United such a memorial, and whether and under what States Fire Administration posed by the The PRESIDING OFFICER. The conditions, to lease or otherwise allow the problems referred to in paragraph (1), and clerk will report. Foundation or another appropriate entity to ad- plan and budget for achieving compliance for The assistant legislative clerk read minister, maintain, and fully utilize the lands all of the mission-critical systems of the sys- as follows: (including any equipment, facilities, infrastruc- tem by the year 2000; and A bill (S. 940) to provide for a study of the ture, and other improvements) and waters of (3) develop contingency plans for those sys- establishment of Midway Atoll as a national Midway Atoll if designated as a national memo- tems that the United States Fire Adminis- memorial to the Battle of Midway, and for rial. tration is unable to correct by the year 2000. other purposes. (2) Whether designation as a national memo- SEC. 7. ENHANCEMENT OF SCIENCE AND MATHE- The PRESIDING OFFICER. Is there rial would conflict with current management of MATICS PROGRAMS. Midway Atoll as a wildlife refuge and whether, (a) DEFINITIONS.—In this section: objection to the immediate consider- and under what circumstances, the needs and (1) ADMINISTRATOR.—The term ‘‘Adminis- ation of the bill? requirements of the wildlife refuge should take trator’’ means the Administrator of the There being no objection, the Senate precedence over the needs and requirements of a United States Fire Administration. proceeded to consider the bill, which national memorial on Midway Atoll.

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 6333 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11706 CONGRESSIONAL RECORD — SENATE November 4, 1997 (3) Whether, and under what conditions, to with a fixed span bridge. Construction The bill (S. 1324) was read the third permit the use of the facilities on Sand Island of the fixed span bridge would obstruct time and passed, as follows: for purposes other than a wildlife refuge or a the navigation channel, which was au- S. 1324 national memorial. thorized as part of the 1960 River and (4) Whether to impose conditions on public ac- Be it enacted by the Senate and House of Rep- cess to Midway Atoll as a national memorial. Harbor Act. However, the U.S. Army resentatives of the United States of America in (c) REPORT.—Upon completion of the study re- Corps of Engineers has determined that Congress assembled, quired under subsection (a), the Secretary shall there is no current or expected com- SECTION. 1 BILOXI HARBOR, MISSISSIPPI. submit, to the Committee on Energy and Natural mercial navigation along the channel. The portion of the project for navigation, Resources of the United States Senate and the Thus, deauthorization of a portion of Biloxi Harbor, Mississippi, authorized by the Committee on Resources of the House of Rep- the Bernard Bayou Federal channel ap- River and Harbor Act of 1960 (74 Stat. 481), resentatives, a report on the study, which shall propriately addressed an artifact of the for the Bernard Bayou Channel beginning include any recommendations for further legis- 1960 authorization and allows for con- near the Air Force Oil Terminal at approxi- lative action. The report shall also include an mately navigation mile 2.6 and extending struction of the fixed span bridge. The inventory of all known past and present facili- downstream to the North-South 1⁄2 of Section ties and structures of historic significance on Army Corps of Engineers has informed 30, Township 7 South, Range 10 West, Har- Midway Atoll and its environs. The report shall the Congress that it has no objection rison County, Mississippi, just west of include a description of each historic facility to deauthorization of the Bernard Kremer Boat Yards, is not authorized after and structure and a discussion of how each will Bayou Federal navigation channel seg- the date of enactment of this Act. contribute to the designation and interpretation ment identified in S. 1324. Mr. Presi- f of the proposed national memorial. dent, I encourage Senate adoption of GRAZING PRIVILEGES ACT SEC. CONTINUING DISCUSSIONS. this necessary measure. Nothing in this Act shall be construed to I ask unanimous consent that a let- Mr. BENNETT. Mr. President, I ask delay or prohibit discussions between the Foun- ter from June O’Neill of the CBO to me unanimous consent that the Senate dation and the United States Fish and Wildlife be printed in the RECORD. proceed to the immediate consider- Service or any other government entity regard- ing the future role of the Foundation on Mid- There being no objection, the mate- ation of calendar No. 219, H.R. 708. way Atoll. rial was ordered to be printed in the The PRESIDING OFFICER. The RECORD, as follows: clerk will report. Mr. BENNETT. Mr. President, I ask The assistant legislative clerk read unanimous consent that the committee U.S. CONGRESS, as follows: substitute be agreed to. CONGRESSIONAL BUDGET OFFICE, The PRESIDING OFFICER. Without Washington, DC, October 31, 1997. A bill (H.R. 708) to require the Secretary of Hon. JOHN H. CHAFEE, the Interior to conduct a study concerning objection, it is so ordered. Chairman, Committee on Environment and Pub- grazing use of certain land within and adja- The committee substitute was agreed lic Works, U.S. Senate, Washington, DC. cent to Grand Teton National Park, Wyo- to. DEAR MR. CHAIRMAN: The Congressional ming, and to extend temporarily certain Mr. BENNETT. Mr. President, I ask Budget Office has prepared the enclosed cost grazing privileges. unanimous consent that the bill be estimate for S. 1324, a bill to deauthorize a The PRESIDING OFFICER. Is there portion of the project for navigation, Biloxi considered read a third time and objection to the immediate consider- passed, the motion to reconsider be Harbor, Mississippi. If you wish further details on this esti- ation of the bill? laid upon the table, and that any state- mate, we will be pleased to provide them. There being no objection, the Senate ments relating to the bill appear at the The CBO staff contact is Gary Brown. proceeded to consider the bill. appropriate place in the RECORD. Sincerely, Mr. BENNETT. Mr. President, I ask The PRESIDING OFFICER. Is there JAMES. L. BLUM unanimous consent that the bill be objection? Without objection, it is so (For June E. O’Neill). considered read a third time and Enclosure. ordered. passed, the motion to reconsider be The bill (S. 940), as amended, was CONGRESSIONAL BUDGET OFFICE COST ESTIMATE laid upon the table, and that any state- read the third time and passed. S. 1324—A bill to deauthorize a portion of the ments relating to the bill be placed at project for navigation, Biloxi Harbor, Mis- f sissippi the appropriate place in the RECORD. The PRESIDING OFFICER. Is there BILOXI HARBOR NAVIGATION ACT CBO estimates that enacting the bill would have no impact on the federal budget. The objection? Without objection, it is so Mr. BENNETT. Mr. President, I ask bill contains no intergovernmental or pri- ordered. unanimous consent that the Senate vate-sector mandates as defined in the Un- The bill (H.R. 708) was read the third now proceed to the consideration of funded Mandates Reform Act of 1995, and time and passed. calendar No. 238, S. 1324. would impose no costs on state, local, or f The PRESIDING OFFICER. The tribal governments. clerk will report. S. 1324 would deauthorize a portion of the ORDERS FOR WEDNESDAY, The assistant legislative clerk read project for navigation of Bernard Bayou NOVEMBER 5, 1997 as follows: Channel, Biloxi, Mississippi, that was au- thorized by the River and Harbor Act of 1960. Mr. BENNETT. Mr. President, I ask A bill (S. 1324) to deauthorize a portion of The deauthorization would allow the Mis- unanimous consent that when the Sen- the project for navigation, Biloxi Harbor, sissippi Department of Transportation to re- ate completes its business today, it Mississippi. place the existing bascule bridge (draw- stand in adjournment until the hour of The PRESIDING OFFICER. Is there bridge) that spans that channel with a fixed- 9:30 a.m., on Wednesday, November 5th. objection to the immediate consider- span bridge. Any costs associated with con- I further ask unanimous consent that ation of the bill? structing a bridge would be incurred volun- on Wednesday, immediately following There being no objection, the Senate tarily by the state of Mississippi. the prayer, the routine requests If you wish further details on this esti- proceeded to consider the bill. mate, we will be pleased to provide them. the through the morning hour be granted Mr. CHAFEE. Mr. President, today CBO staff contact is Gary Brown. This esti- and the Senate proceed immediately to the Senate is considering S. 1324, a bill mate was approved by Robert A. Sunshine, 10 minutes of debate in executive ses- introduced by Senator LOTT to de- Deputy Assistant Director for Budget Anal- sion on the nomination of Judge James authorize a portion of the project for ysis. Gwin, of Ohio, to be U.S. District navigation at Biloxi Harbor, MS. The Mr. BENNETT. Mr. President, I ask Judge for the Northern District of Senate Committee on Environment and unanimous consent that the bill be Ohio, to be followed by a rollcall vote Public Works unanimously approved considered read a third time and on his confirmation, as under the pre- this measure on October 29, 1997. passed, the motion to reconsider be vious order. This technical legislation is nec- laid upon the table, and that any state- The PRESIDING OFFICER. Without essary as the Mississippi Department ments relating to the bill appear at the objection, it is so ordered. of Transportation intends to replace an appropriate place in the RECORD. Mr. BENNETT. Mr. President, I also existing bascule bridge, which spans a The PRESIDING OFFICER. Is there ask unanimous consent that following segment of the Bernard Bayou Federal objection? Without objection, it is so the vote on the Gwin nomination, the navigation channel in Biloxi Harbor, ordered. Senate proceed to legislative session to

VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS November 4, 1997 CONGRESSIONAL RECORD — SENATE S11707 resume consideration of the motion to nomination of James S. Gwin to be action. Therefore, Members can antici- proceed to S. 1269, the fast-track legis- U.S. district judge for the Northern pate rollcall votes throughout Wednes- lation, with Senator ROTH or his des- District of Ohio. Following that vote, day’s session of the Senate. As a re- ignee being in control of 3 hours and the Senate will resume legislative ses- minder to all Members, the first roll- Senator DORGAN or his designee in con- sion and debate on the motion to pro- call vote tomorrow will occur at 9:40 trol of 4 hours. I further ask unanimous ceed to S. 1269, the fast-track legisla- a.m. consent that at no later than 5 p.m., tion, with Senator ROTH in control of 3 the Senate proceed to a rollcall vote on hours and Senator DORGAN in control f or in relation to the motion to proceed of 4 hours. As under the previous con- to S. 1269. sent, the Senate will vote on or in rela- ADJOURNMENT UNTIL 9:30 A.M. The PRESIDING OFFICER. Without tion to the motion to proceed to S. 1269 TOMORROW objection, it is so ordered. at no later than 5 p.m. tomorrow. Fol- Mr. BENNETT. If there is no further f lowing that vote the Senate could turn business to come before the Senate, I to any of the following items, if avail- now ask unanimous consent the Senate PROGRAM able: The D.C. appropriations bill, the stand in adjournment under the pre- Mr. BENNETT. In conjunction with FDA reform conference report, the In- vious order. the previous consent agreements, to- telligence authorization conference re- There being no objection, the Senate, morrow at 9:40 the Senate will proceed port, and any additional legislative or at 8:11 p.m., adjourned until Wednes- to executive session to vote on the executive items that can be cleared for day, November 5, 1997, at 9:30 a.m.

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