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, THURSDAY, MAY 15, 1997 No. 64 House of Representatives The House met at 10 a.m. and was The question was taken; and the Gutierrez Lowey Price (NC) Hall (TX) Lucas Pryce (OH) called to order by the Speaker pro tem- Speaker pro tempore announced that Hamilton Luther Quinn pore [Mr. COLLINS]. the ayes appeared to have it. Hansen Maloney (CT) Radanovich f Mr. SOLOMON. Mr. Speaker, I object Harman Maloney (NY) Rahall to the vote on the ground that a Hastert Manton Rangel DESIGNATION OF THE SPEAKER Hastings (FL) Manzullo Regula PRO TEMPORE quorum is not present and make the Hastings (WA) Markey Reyes point of order that a quorum is not Hayworth Martinez Riggs The SPEAKER pro tempore laid be- present. Herger Mascara Riley fore the House the following commu- Hill Matsui Rivers The SPEAKER pro tempore. Evi- nication from the Speaker: Hinojosa McCarthy (MO) Rodriguez dently a quorum is not present. Hobson McCarthy (NY) Roemer WASHINGTON, DC, The Sergeant at Arms will notify ab- Hoekstra McCollum Rogan May 15, 1997. Holden McGovern Rogers I hereby designate the Honorable MAC sent Members. Hooley McHale Rohrabacher COLLINS to act as Speaker pro tempore on The vote was taken by electronic de- Horn McHugh Ros-Lehtinen this day. vice, and there were—yeas 334, nays 62, Hostettler McInnis Rothman Houghton McIntosh Roukema NEWT GINGRICH, not voting 37, as follows: Hoyer McIntyre Roybal-Allard Speaker of the House of Representatives. [Roll No. 128] Hunter McKeon Royce f Hutchinson McKinney Ryun YEAS—334 Hyde Meehan Sanchez PRAYER Ackerman Campbell Doggett Inglis Meek Sandlin The Chaplain, Rev. James David Aderholt Canady Dooley Istook Menendez Sanford Jackson (IL) Metcalf Sawyer Ford, D.D., offered the following pray- Allen Cannon Doolittle Armey Capps Doyle Jackson-Lee Millender- Saxton er: Bachus Cardin Dreier (TX) McDonald Scarborough As we develop our thoughts and ideas Baesler Carson Duncan Jenkins Miller (FL) Schumer and form them into words, we pray for Baker Castle Dunn John Minge Sensenbrenner the strength and insight to take our Baldacci Chabot Edwards Johnson (WI) Mink Serrano Ballenger Chambliss Ehlers Johnson, E. B. Moakley Sessions words and translate them into the Barcia Christensen Ehrlich Johnson, Sam Molinari Shadegg deeds of everyday life. We are grateful, Barr Clayton Emerson Jones Mollohan Shaw O God, for the great visions we hold Barrett (NE) Clement Eshoo Kanjorski Moran (KS) Shays dear—of peace and security in our lives Barrett (WI) Coble Etheridge Kaptur Moran (VA) Sherman Bartlett Coburn Evans Kasich Morella Shimkus and in our world and care for the Barton Collins Everett Kelly Murtha Shuster needy, the hungry, and the oppressed. Bass Combest Ewing Kennedy (MA) Myrick Sisisky On this day, O God, we pray that our Bateman Condit Farr Kennedy (RI) Nadler Skaggs Kennelly Neal Skeen visions and words will be validated in Bentsen Conyers Fawell Bereuter Cook Flake Kildee Nethercutt Smith (MI) the actions of every day and that our Berman Cooksey Foley Kilpatrick Neumann Smith (NJ) faith would become active in love. This Bilbray Cox Forbes Kim Ney Smith (OR) is our earnest prayer. Amen. Bilirakis Coyne Ford Kind (WI) Northup Smith, Linda King (NY) Norwood Snowbarger f Blagojevich Cramer Fowler Bliley Crane Frank (MA) Kingston Obey Snyder Kleczka Ortiz Spence THE JOURNAL Blumenauer Crapo Franks (NJ) Blunt Cubin Frelinghuysen Klink Owens Spratt The SPEAKER pro tempore. The Boehlert Cummings Frost Klug Oxley Stabenow Chair has examined the Journal of the Boehner Cunningham Furse Knollenberg Packard Stenholm Bonilla Danner Gallegly Kolbe Pappas Stokes last day’s proceedings and announces Bono Davis (FL) Ganske LaFalce Parker Stump to the House his approval thereof. Boswell Davis (IL) Gejdenson LaHood Paul Sununu Pursuant to clause 1, rule I, the Jour- Boucher Davis (VA) Gekas Lampson Paxon Tanner Boyd Deal Gilchrest Lantos Payne Tauscher nal stands approved. Largent Pease Taylor (NC) Mr. SOLOMON. Mr. Speaker, pursu- Brady DeGette Gillmor Brown (FL) Delahunt Gilman Latham Pelosi Thomas ant to clause 1, rule I, I demand a vote Bryant DeLauro Goode Lazio Peterson (MN) Thornberry on agreeing to the Speaker’s approval Bunning DeLay Goodlatte Leach Peterson (PA) Thurman Burr Deutsch Goodling Levin Petri Tierney of the Journal. Lewis (CA) Pickering Torres The SPEAKER pro tempore. The Burton Diaz-Balart Goss Buyer Dickey Graham Lewis (KY) Pitts Traficant question is on the Chair’s approval of Callahan Dicks Granger Livingston Pomeroy Turner the Journal. Camp Dingell Greenwood Lofgren Portman Upton

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

H2683 H2684 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Walsh Weldon (PA) Wicker The SPEAKER pro tempore. Is there moved through Cornerstone from a po- Waters Wexler Wise Watt (NC) Weygand Wolf objection to the request of the gen- sition of believing that he would never Waxman White Woolsey tleman from Puerto Rico? amount to anything, to progress to- Weldon (FL) Whitfield Wynn There was no objection. ward his life’s career of being a veteri- NAYS—62 f narian, and he told me in this letter that his mother was his hero. How can Abercrombie Green Poshard PERSONAL EXPLANATION Becerra Gutknecht Ramstad you do better than that? Berry Hefley Rush Mr. KLECZKA. Mr. Speaker, I regret- f Bishop Hilleary Sabo fully missed rollcall No. 127 on May 14. Bonior Hilliard Schaffer, Bob b 1030 Borski Hinchey Scott Had I been present, I would have voted Brown (CA) Hulshof Slaughter ‘‘no.’’ DENY CHINA MFN STATUS Brown (OH) Kucinich Solomon f Chenoweth Lewis (GA) Stearns (Mr. TRAFICANT asked and was Clay Lipinski Strickland FREEDOM WORKS AWARD given permission to address the House Clyburn LoBiondo Stupak Costello McDermott Taylor (MS) (Mr. ARMEY asked and was given for 1 minute and to revise and extend DeFazio McNulty Thune permission to address the House for 1 his remarks.) English Nussle Tiahrt minute and to revise and extend his re- Mr. TRAFICANT. Mr. Speaker, Chi- Ensign Oberstar Velazquez na’s trade surplus with America may Fazio Olver Vento marks.) Filner Pallone Visclosky Mr. ARMEY. Mr. Speaker, I am ex- exceed $50 billion this year, and experts Foglietta Pascrell Wamp cited today to present the Freedom say it is no accident. Fox Pastor Watts (OK) Works Award to Cornerstone Schools China smacks Uncle Sam right in the Gephardt Pickett Weller Gibbons Pombo for their fine work in educating the kisser with a 35-percent tariff on all children of Detroit. I established the goods and products. Thirty-five percent NOT VOTING—37 Freedom Works Award to celebrate tariff. If that is not enough to wrap Andrews LaTourette Smith, Adam General Cho in a golden parachute, Archer Linder Souder freedom by recognizing individuals and Calvert McCrery Stark groups who promote personal respon- check this out. With that $50 billion Dellums McDade Talent sibility instead of reliance on the Gov- from Uncle Sam, China, reports say, is Dixon Mica Tauzin ernment. now buying aircraft carriers, warships, Engel Miller (CA) Thompson nuclear submarines and interconti- Fattah Porter Towns Cornerstone Schools began in 1990 Gonzalez Salmon Watkins when a group of local businesses, nental ballistic missiles. Gordon Sanders Yates church leaders and concerned members It does not take the Three Stooges to Hall (OH) Schaefer, Dan Young (AK) of the Detroit community joined to- figure it out. China is not exactly cre- Hefner Schiff Young (FL) Jefferson Skelton gether to establish academically chal- ating a neighborhood crime watch over Johnson (CT) Smith (TX) lenging, faith-based schools for the there. I say Congress should deny MFN b 1026 children of Detroit. to China and Congress should impose a The school has a simple mission: 35-percent tariff until China removes So the Journal was approved. Give all children, no matter what their their tariff. The result of the vote was announced circumstance, an opportunity to re- And let me say one last thing. A Con- as above recorded. ceive a world-class education and, gress that takes away a gun from a f more importantly, a chance to succeed. mugger will never be called a protec- PLEDGE OF ALLEGIANCE Cornerstone students participated in tionist. This may boil the blood of some free traders, but China is ripping The SPEAKER pro tempore (Mr. COL- an 11-month school year, mandatory us off. LINS). Will the gentleman from Ohio homework assignments 4 nights a (Mr. CHABOT) come forward and lead week, foreign language classes from f the House in the Pledge of Allegiance. kindergarten to 8th grade, and winter and summer camp experiences. But AMERICAN PEOPLE ARE Mr. CHABOT led the Pledge of Alle- OVERTAXED giance as follows: good students and committee teachers I pledge allegiance to the Flag of the are simply not enough. (Mr. CHABOT asked and was given United States of America, and to the Repub- Cornerstone’s strength lies in its un- permission to address the House for 1 lic for which it stands, one nation under God, derstanding that the key to a child’s minute and to revise and extend his re- indivisible, with liberty and justice for all. education is parental involvement. marks.) f Cornerstone requires parents to take Mr. CHABOT. Mr. Speaker, let us an active role in their children’s edu- face it, the American people are just MESSAGE FROM THE SENATE cation. Every parent, Mr. Speaker, overtaxed. Why? Well, too much of A message from the Senate by Ms. must sign this covenant with the their hard-earned money comes here to McDevitt, one of its clerks, announced school that requires them to attend Washington and it gets wasted in that the Senate had passed a bill of the regularly scheduled parent meetings, many, many ways. following title, in which the concur- provide their children with a quiet en- Examples. We have a program called rence of the House is requested: vironment to study, ensure that their the Market Access Program, where we S. 670. An act to amend the Immigration child is in school every day, and to do actually take the taxpayers’ money and Nationality Technical Corrections Act of at least 10 hours of volunteer service and pay for corporations to advertise 1994 to eliminate the special transition rule per year. their products overseas. We still sub- for issuance of a certificate of citizenship for Cornerstone has achieved their suc- sidize far too many farm products, cot- certain children born outside the United States. cess without receiving a single penny ton, peanuts, sugar, and the list goes of Federal assistance. Instead, the on and on. We still pay farmers in this f school has relied on personal initiative country not to grow crops. Maybe that ANNOUNCEMENT BY THE SPEAKER of community volunteers who have do- made some sense back during the De- PRO TEMPORE nated countless time and money to de- pression, it makes no sense nowadays. The SPEAKER pro tempore. The fend and finance these precious chil- To pay for all these wasteful pro- Chair will entertain ten 1-minute dren’s education. grams, our taxes have gone up. During speeches from each side. Cornerstone has reminded all of us my lifetime they have gone, for exam- f that nothing is more important to a ple, from 5 percent that people send to child’s learning potential than involved Washington to now 25 percent. If we REMOVAL OF NAME OF MEMBER parents. Mr. Speaker, I am very proud add State and local taxes, it is about 40 AS COSPONSOR OF H.R. 900 of this fine school; and I am very proud percent the average American family Mr. ROMERO-BARCELO´ . Mr. Speak- of one fine young man who wrote me pays out in taxes. So if we work a 5-day er, I ask unanimous consent to have from the school and told me two things week, Monday and Tuesday we are my name deleted from H.R. 900. that I thought was profound. He has working for the Government and only May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2685 Wednesday, Thursday, and Friday are United States leadership is crucial to thinking, for they have now voted to we working for ourselves and our own the success of the Canadians efforts. I include the very funding their col- family. urge my colleagues to urge the Presi- leagues voted down only a few short We are talking about a historic budg- dent to help stop the endless cycle of weeks ago, and I am glad to see that et agreement between the Congress and violence produced by AP landmines by they have decided to follow our lead. the President. Let us make sure a sub- helping us get a treaty this year Now, 180,000 women and children will stantial part of that budget agreement through the Canadian conference. sleep better tonight knowing that they has to do with tax relief. Let us get the f will continue to receive the vital as- Government off the backs of the Amer- sistance that the WIC Program pro- WHO REALLY BENEFITS FROM RE- ican taxpayers. Let us cut taxes and do vides. DUCTION IN CAPITAL GAINS it now. f TAX? f (Mr. HEFLEY asked and was given CONGRESS IN AWKWARD POSITION TRIBUTE TO SGT. PAUL L. COLE permission to address the House for 1 WITH REGARD TO BUDGET DEAL (Ms. STABENOW asked and was minute and to revise and extend his re- (Mr. BOB SCHAFFER of Colorado given permission to address the House marks.) asked and was given permission to ad- for 1 minute and to revise and extend Mr. HEFLEY. Mr. Speaker, why do dress the House for 1 minute and to re- her remarks.) Republicans and most economists want vise and extend his remarks.) Ms. STABENOW. Mr. Speaker, this to reduce the taxes on capital gains? Mr. BOB SCHAFFER of Colorado. week is National Police Week, a week Because it is so important to the econ- Mr. Speaker, this Congress is in an set aside each year to honor our law omy of this country. awkward position. Congress must de- enforcement officers and to pay special Mr. Speaker, this is vitally impor- cide whether to accept the budget deal tribute to the 600,000 sworn officers tant to all Americans, even those who negotiated with the President that pro- who put their lives on the line for our do not own a single piece of stock, who posed the biggest entitlement expan- protection. do not own their own home, who do not sion in history, a President that tried Mr. Speaker, I rise to pay tribute to participate in any pension plan, and to nationalize one-seventh of the U.S. one of those very special officers in my who do not have a dime in any mutual economy, a President that only 4 years community who died in the line of duty funds. In fact, I would even argue that ago passed the largest tax increase in in 1996, Sergeant Paul L. Cole. this issue may be even more important U.S. history. Clearly, making a deal On Sunday, October 6, 1996, the to those Americans than to those who with the President with that track Ingham County Sheriff’s Department actually own capital. record must be viewed with caution. suffered a terrible loss when Sergeant How can this be? Our economy de- But the American people have also Paul L. Cole was killed in a traffic ac- pends on investment capital to create voted to elect the Congress that will do cident. Sergeant Cole was en route to a jobs. The lower the tax on investment exactly that. So these are the ques- domestic problem when several deer capital, the more the economy will tions I am asking. jumped in front of his patrol vehicle, grow and the more jobs created, jobs First, does the budget really balance causing it to slide out of control. The that people in my district need. And it by the year 2002? vehicle struck a tree, killing Sergeant is often those with no capital of their Second, does this budget provides Cole instantly. own who are most in need of an ex- permanent tax relief to working fami- Sergeant Cole was a 19-year veteran panding economy and more job oppor- lies? of the sheriff’s department, serving in tunities. Third, does this budget provide for both corrections and field services. He We need to pass a balanced budget adequate defense spending? was a department dog handler and pro- that cuts the tax on capital gains. Job Fourth, will this budget result in moted to sergeant in September 1995. seekers everywhere around the country more jobs for my constituents, more Paul has a loving wife, Kathy, and are counting on it. job opportunities for college graduates three loving children, Heather Marie, f and a higher standard of living for Paul Wayne, and Andrew Scott. Americans? DEMOCRATS RELIEVED AT On behalf of the citizens of Michigan, And fifth, will this budget contain RESTORATION OF WIC FUNDING Mr. Speaker, I wish to pay tribute to policies that tend to weaken or the service of Sergeant Paul L. Cole to (Ms. DELAURO asked and was given strengthen the family? Ingham County, MI. He was an out- permission to address the House for 1 Those are the questions, Mr. Speak- standing public servant. minute and to revise and extend her re- er, I will be asking, and the answers to f marks.) those questions will determine which Ms. DELAURO. Mr. Speaker, it has way I will vote. CANADA’S EFFORTS TO SEEK been said that imitation is the f PROMPT NEGOTIATIONS TO BAN sincerest form of flattery. Today House ANTIPERSONNEL LANDMINES Democrats should be extremely flat- WIC IS GOOD HUMAN INVESTMENT (Mr. EVANS asked and was given tered by the Republican action on to- PROGRAM permission to address the House for 1 day’s supplemental appropriations bill. (Mr. ROEMER asked and was given minute and to revise and extend his re- A few weeks ago the Republican ma- permission to address the House for 1 marks.) jority on the Committee on Appropria- minute and to revise and extend his re- Mr. EVANS. Mr. Speaker, I know we tions voted down a Democratic amend- marks.) all applaud President Clinton’s deci- ment to provide $76 million needed for Mr. ROEMER. Mr. Speaker, there are sion last year to seek a global ban on the Women, Infants and Children Pro- two kinds of disasters, natural disas- antipersonnel landsmines, but the ad- gram. And in the weeks since, Demo- ters and human disasters. Many human ministration is seeking to achieve a crats have been speaking out to the disasters can be prevented, and one of ban through the U.N. Conference on press, on the floor, and back home in the ways we prevent those is to invest Disarmament, known as the CD. their districts about the need to re- in programs like the WIC Program, Since the CD operates by consensus, store the funding for this program. Women, Infant and Children, that save any Nation that opposes this ban can We have explained that WIC is a pro- babies from being born at premature hold up the progress of achieving such gram that works; that WIC saves the birth weights, low birth weights, and a ban. This year, however, the Cana- Federal Government money; that WIC anemic conditions. dian Government will be hosting a con- provides assistance to those in our so- An investment in this program, for ference at the end of the year to nego- ciety that need it, pregnant women and every $1, saves the American taxpayer tiate a ban treaty. Over 50 nations have young children; and that WIC reflects $3.54 in later social costs. This is a agreed to sign the treaty at the con- the best values of this country of ours. great program. ference. It is our best chance to get a I am happy today that Republicans I am delighted that after initially treaty this year. have finally come around to our way of cutting $38 million, the Republicans H2686 CONGRESSIONAL RECORD — HOUSE May 15, 1997 agree with the Democrats: WIC is a win very effective, and that was the The small amount of extra money to for Democrats, WIC is a win for Repub- Women, Infants and Children Program. be allocated to WIC Program is a smart licans, but WIC, most importantly, is a I joined other colleagues in publicly and cost-effective investment in the fu- win for our Nation’s children. denouncing that proposal that was de- ture of our country and its children. f signed to impose further pain on this For every dollar that we invest in WIC, country’s children and that was to we save more than $3 in Medicaid COMMENDATIONS TO PRESIDENT deny them opportunity for proper nu- spending and other taxpayer costs AND CONGRESS FOR COMING TO- trition, thus propelling them into down the road. The transfer of funds GETHER ON BALANCED BUDGET other medical problems, such as infant needed to ensure full funding for the PLAN mortality, child anemia, and low-birth WIC Program will prevent some 180,000 (Mr. SHIMKUS asked and was given weight babies as a result. children, 160,000 in California, from permission to address the House for 1 I want to publicly thank the Repub- being put at risk. minute and to revise and extend his re- licans for hearing our cry and for hear- As the mother of a 6-year-old I know marks.) ing our plea and restoring that vital full well how important is the kind of Mr. SHIMKUS. Mr. Speaker, I rise program to its full capacity. nutrition and care for young children today to again commend the leaders of f which will help them be ready for school and to work hard in their young Congress and the President for coming b together on a consensus to balance the 1045 lives. I support this WIC funding. budget and to encourage them to keep ADMINISTRATION’S ROLE IN BRAC f QUESTIONED up the work. This issue is too impor- TRIBUTE TO COLONEL RAY REID tant to allow it to be sidetracked. (Mr. LUCAS of Oklahoma asked and ON HIS RETIREMENT Although a lot of discussion here in was given permission to address the (Mr. HUTCHINSON asked and was Washington is about deficit reductions House for 1 minute.) given permission to address the House and long-term economic impacts, I Mr. LUCAS of Oklahoma. Mr. Speak- have found many of my constituents for 1 minute.) er, I met with a number of National Mr. HUTCHINSON. Mr. Speaker, I and many Americans would like to Guard members yesterday and we dis- know how the balanced budget plan af- rise today to pay tribute to a man who cussed their crucial role in our Na- has given this country more than half fects them and their families. To these tion’s military. I find it slightly ironic people I would say that the balanced a century of loyal, dedicated service, that their visit coincided with news first in the Army and then the U.S. budget agreement will have tremen- from the Pentagon that the adminis- House of Representatives. Col. Ray dous benefits to them, their families tration is going to propose that we ini- Reid, who retires today as my senior and generations to come. tiate another round of base closings. advisor, has served the third district of Experts have predicted a balanced I cannot help but make the connec- Arkansas for more than 20 years as Federal budget will help to lower the tion that if the President had not cir- chief of staff to my two predecessors, interest rates in our country and our cumvented the last round of base clos- Senator Tim Hutchinson and former economy. Having lower interest rates ings, the level of cuts that is being pro- Congressman John Paul Hammer- means paying off our credit cards, buy- posed would be unnecessary. If the re- schmidt. Before he took on the respon- ing a car, funding education, or buying ports are true, the administration will sibilities of Congress in 1974, Colonel a home becomes more affordable. A be asking the individual branches, in- REID had already served in three wars: balanced budget means all Americans cluding the National Guard, to sub- Vietnam, Korea and World War II. are one step closer to making these in- stantially reduce their numbers, all to Well known to be one of the most vestments. save money that could have been saved knowledgeable men in Washington, By placing the American dream with- if BRAC had been followed by the Ray has held the respect of everyone in the reach of every American without President. who has ever come into contact with creating more expensive government The purpose of a BRAC is to him, regardless of party affiliation or programs, we will bring our friends, depoliticize the process and allow ob- position. He is known as a straight families and communities closer. In jective outsiders to recommend which shooter who deals with everyone fairly short, Mr. Speaker, I want each and bases should be closed based on a num- and forthrightly. every one of my constituents in Illinois ber of objective criteria. This process The people of Arkansas will sorely and every American to know that the worked well until the President signed miss this man who has proven himself balanced budget plan of 1997 benefits the bill, then ordered something quite to be a dedicated soldier, a committed all Americans and helps all Americans different. public servant, and a loyal friend. Ray, to help themselves, which is truly the Another BRAC? Why does the Presi- we wish you and your wife, Jean, the basis upon which our country was dent not start by respecting the deci- greatest happiness in your future en- founded. sions forwarded by the last BRAC? deavors. f f f WIC PROGRAM MOST SUCCESSFUL WIC SUPPLEMENTAL WASHINGTON’S ROLE IN HELPING PROGRAM FEDERAL GOVERN- APPROPRIATIONS FUNDING THE POOR MENT EVER IMPLEMENTED (Mrs. TAUSCHER asked and was (Mr. HERGER asked and was given (Ms. CARSON asked and was given given permission to address the House permission to address the House for 1 permission to address the House for 1 for 1 minute.) minute and to revise and extend his re- minute and to revise and extend her re- Mrs. TAUSCHER. Mr. Speaker, I rise marks.) marks.) today in support of the women, infants Mr. HERGER. Mr. Speaker, when I Ms. CARSON. Mr. Speaker, I would and children’s program and the long- am home in my district I am some- like to reiterate that prior to coming term health of the low income women, times asked, ‘‘What can you do for the to Congress I heard the eloquent prose children and infants that this program poor?’’ I have two responses. from Congress that underscored the helps. This program is one of the most First, if the poor look to Washington need for this country to be en route to effective social government programs to solve their problems or to make supporting policies that enhanced fam- that we have for protecting the present them rich, they will be as disappointed ily values and that was cost effective and future health of many of our most in the future as they are today, some 32 and that would benefit Americans in vulnerable and needy children and years after failed welfare state policies general. mothers. I applaud those Republicans were begun. Mr. Speaker, we have 32 It was a shame, I felt, upon arriving in this House who have chosen to do years of evidence that increased spend- here that the Republicans had proposed the right thing and work in a biparti- ing on Government programs does not to reduce funding for the most vital san manner to support the 200 plus end poverty, it perpetuates it. program affecting families that this Democrats who have demanded full On the other hand, my second re- country has known, not only vital but supplemental funding levels for WIC. sponse offers more hope. Washington May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2687 can pursue economic policies that will Trie, and Thai businesswoman Pauline House resolved into the Committee of the allow the poor to help themselves. Kanchanalak, left the country. Whole House on the state of the Union for Washington can pursue economic Mr. Speaker, the White House is con- consideration of the bill (H.R. 1469) making policies that will make it easier for emergency supplemental appropriations for tinuing to stonewall us and has refused recovery from natural disasters, and for people to find jobs, will make it easier to hand over the key documents on overseas peacekeeping efforts, including for people to find better jobs, will these six people. those in Bosnia, for the fiscal year ending make it easier for people to buy a The House of Representatives has a September 30, 1997, and for other purposes. home, will make it easier for people to right to know. The American people The first reading of the bill shall be dis- receive an education, will make it easi- have a right to know. pensed with. All points of order against con- sideration of the bill are waived. General de- er for people to get ahead. Policies that f would do that include lower taxes, bate shall be confined to the bill and shall more commonsense regulation, less GEKAS AMENDMENT THREATENS not exceed one hour equally divided and con- trolled by the chairman and ranking minor- Government bureaucracy and, above WIC FUNDING ity member of the Committee on Appropria- all, a balanced budget. That is a pro- (Mr. HINCHEY asked and was given tions. An amendment striking lines 8 gram that will help the poor, not the permission to address the House for 1 through 17 on page 24 shall be considered as failed promises of more Government minute and to revise and extend his re- adopted in the House and in the Committee of the Whole. Points of order against provi- and social spending. marks.) f sions in the bill for failure to comply with Mr. HINCHEY. Mr. Speaker, last clause 2 or 6 of rule XXI are waived except as THANKS EXTENDED FOR week I and others took the floor of this follows: page 3, line 1, through line 9; page 10, MAINTAINING WIC FUNDING House to deplore the majority party’s line 3, through line 15; page 26, line 8, (Ms. KAPTUR asked and was given suggestion that 180,000 American through line 15; and page 33, line 14, through women and children should be cut from page 34, line 19. Before consideration of any permission to address the House for 1 other amendment it shall be in order to con- minute and to revise and extend her re- the women, infants and children pro- gram. This program, WIC as it is sider the amendments printed in the report marks.) of the Committee on Rules accompanying Ms. KAPTUR. Mr. Speaker, yester- known, is an extraordinarily effective this resolution. Each amendment printed in day this House worked its will and program. It prevents low birth weight the report may be considered only in the rightfully defeated a flawed rule im- babies, it prevents anemic babies, it order printed in the report, may be offered posed by some members of the Repub- provides proper nutrition for women only by a Member designated in the report, lican leadership to restrict debate on who are lactating to ensure that their shall be considered as read, shall be debat- able for the time specified in the report the important women, infants and chil- babies grow to be strong and healthy. We were able to defeat that proposal equally divided and controlled by the pro- dren’s feeding program. Today those ponent and an opponent, shall not be subject Members who refused to eliminate over last week, but now we have another to amendment, and shall not be subject to a 180,000 pregnant mothers, their low proposal before us. An amendment to demand for division of the question in the birth weight babies and children from the supplemental budget that is up House or in the Committee of the Whole. All their lifeline to nutrition will achieve today would cut 500,000 women and in- points of order against the amendments a great victory. We will keep our prom- fants from the women, infants, and printed in the report are waived. During con- ise to assure America’s future by tak- children program. We need to marshal sideration of the bill for further amendment, ing proper care of the children of our forces once again. The Gekas the Chairman of the Committee of the Whole amendment needs to be defeated. It may accord priority in recognition on the today. basis of whether the Member offering an I personally want to thank those Re- should be defeated because it is short- amendment has caused it to be printed in the publicans who heard our pleas and sighted and mean-spirited. It would portion of the Congressional Record des- want to do what is right for America. I have the opposite effect of those who ignated for that purpose in clause 6 of rule also want to thank the gentleman from want to invest in the future of our XXIII. Amendments so printed shall be con- Massachusetts [Mr. MOAKLEY] who country by investing in American fam- sidered as read. The Chairman of the Com- worked so very hard in the Committee ilies. Let us defeat that amendment mittee of the Whole may: (1) postpone until on Rules, the gentlewoman from New and make sure that the women, in- a time during further consideration in the Committee of the Whole a request for a re- Jersey [Mrs. ROUKEMA] for her leader- fants, and children program continues ship, the gentlewoman from Connecti- corded vote on any amendment; and (2) re- to be an effective way to strengthen duce to five minutes the minimum time for cut [Ms. DELAURO], the gentleman women, strengthen their children, and electronic voting on any postponed question from Indiana [Mr. ROEMER], the gen- strengthen American families. that follows another electronic vote without tleman from New York [Mr. WALSH] f intervening business, provided that the mini- and the gentleman from New York [Mr. mum time for electronic voting on the first FORBES], and I want to thank the gen- MESSAGE FROM THE PRESIDENT in any series of questions shall be fifteen tleman from New York [Mr. SOLOMON], minutes. During consideration of the bill, A message in writing from the Presi- points of order against amendments for fail- the chairman of the Committee on dent of the United States was commu- Rules, for bringing a revised rule to the ure to comply with clause 2(e) of rule XXI nicated to the House by Mr. Sherman are waived. At the conclusion of consider- floor today. Williams, one of his secretaries. ation of the bill for amendment, the Com- f f mittee shall rise and report the bill to the THE FIFTH OR FLEE? WHY IS THE House with such amendments as may have been adopted. The previous question shall be WHITE HOUSE STONEWALLING PROVIDING FOR CONSIDERATION OF H.R. 1469, 1997 EMERGENCY considered as ordered on the bill and any (Mr. HORN asked and was given per- SUPPLEMENTAL APPROPRIA- amendments thereto to final passage with- mission to address the House for 1 out intervening motion except one motion to TIONS ACT FOR RECOVERY recommit with or without instructions. minute.) FROM NATURAL DISASTERS, Mr. HORN. Mr. Speaker, these are The SPEAKER pro tempore (Mr. COL- AND FOR OVERSEAS PEACE- the six individuals about which the LINS). The gentleman from New York KEEPING EFFORTS, INCLUDING Committee on Government Reform and [Mr. SOLOMON] is recognized for 1 hour. THOSE IN BOSNIA Oversight is seeking to obtain docu- Mr. SOLOMON. Mr. Speaker, for the ments from the White House. Mr. SOLOMON. Mr. Speaker, by di- purpose of debate only, I yield the cus- Three of them, former associate at- rection of the Committee on Rules, I tomary 30 minutes to the gentleman torney general Webb Hubbell, Com- call up House Resolution 149 and ask from Massachusetts [Mr. MOAKLEY], merce Department official John Huang, for its immediate consideration. pending which I yield myself such time and White House aide Mark Middleton, The Clerk read the resolution, as fol- as I may consume. During consider- have all invoked their fifth amendment lows: ation of this resolution, all time yield- rights and have refused to cooperate H. RES. 149 ed is for the purpose of debate only. with the committee. Resolved, That at any time after the adop- Mr. Speaker, I yield 1 minute to the The others, banking tycoon James tion of this resolution the Speaker may, pur- distinguished gentlewoman from Mary- Riady, Arkansas fundraiser Charlie suant to clause 1(b) of rule XXIII, declare the land [Mrs. MORELLA]. H2688 CONGRESSIONAL RECORD — HOUSE May 15, 1997 b 1100 though there is a question whether a tant, for consideration of the bill for (Mrs. MORELLA asked and was given matter dealing with the U.S. Mint cur- further amendment under the 5-minute permission to speak out of order.) rency paper has the approval of all rule. What that means is the rule committees of jurisdiction. I person- grants priority and recognition to ELIMINATING LANDMINES ally have great concern with this mat- those Members who have preprinted Mrs. MORELLA. Mr. Speaker, in the ter being in this bill. their amendments in the CONGRES- 9 months between the declaration of As I read the bill right now, under ex- SIONAL RECORD prior to their consider- the cease-fire last March and the sign- isting law, companies that are allowed ation, if otherwise consistent with ing of the final peace agreement last to bid to produce this paper that our House rules. December, not a single shot was fired American dollar is printed on have to The rule also allows the Chairman of between the forces of the Guatemalan be 90 percent owned by American citi- the Committee of the Whole to post- Government and the URNG guerillas. zens. This bill before us is going to pone votes during consideration of the Nonetheless, the last death of the war lower that to 50 percent, and I do not bill and to reduce the vote to 5 minutes took place just before the signing when know about the rest of you, but that on a postponed question if the vote fol- a 17-year-old boy in San Pablo, San raises tremendous concern to me be- lows a 15-minute rule. What that Marcos stepped on an antipersonnel cause I do not want some foreign com- means is we could have clustering of landmine while walking home. pany, it might even be Lippo or some votes to make it easier on Members to In fact, every 22 minutes, someone is other Indonesian major conglomerate get some work done back in their com- either killed, maimed or permanently that might be coming in here and get- mittees or on the floor without having disfigured by a landmine. Twenty per- ting a bid on this. And it means that to run over here every 10 minutes and cent of the victims are children. In this print, even though the U.S. citi- vote on a matter. Cambodia, where there are twice as zens might be more than 50 percent The rule waives points of order many mines as there are children, owning of this company, this printing against all amendments for failure to there are 40,000 amputees resulting may be done in Indonesia or someplace comply with clause 2(e) of rule XXI from landmines, and the figures con- else. But what happens to security? which prohibits non-emergency des- tinue to rise. What happens to counterfeiting? Have ignating amendments to be offered to The fact is that AP landmines con- we really held hearings? Do we know an appropriation bill containing an tinue killing long after the warring what this is all about? emergency designation. I think all of parties which laid them have settled Let me tell my colleagues something. my colleagues better pay attention to their differences. Sometime early in There has been a lot of bad information that too, because if they go down the next century, the last victim of the put out on this, but my colleagues bet- through this bill they will find that Angolan civil war will probably be a ter know what they are doing or they there is a lot of things in here that are child not even born when the war was are going to see counterfeiting running not of an emergency nature, and my fought. rampant throughout this country, and colleagues, get a hold of the Senate bill It is time for this Nation to take their dollar is not going to be worth a and see what kind of a Christmas tree leadership and to write to the Presi- dime. My colleagues can tell I get a lit- they have over there and what we are dent and urge him to take the lead in tle exercised on this particular subject, going to be expected to vote on when implementing it. but during the debate I might have a coming back here on a conference re- Mr. SOLOMON. Mr. Speaker, House little bit more to say about that to port perhaps earlier this week. Resolution 149 provides for the consid- some of our Republican colleagues on Finally the rule provides for one mo- eration of H.R. 1469. It is called the this side of the aisle. tion to recommit with or without in- emergency supplemental appropriation Now having said that, let us get back structions. bill for fiscal year 1997 under an open to the bill again. Specifically this rule So, Mr. Speaker, House Joint Resolu- rule. In fact, this rule may be described leaves the following unprotected provi- tion 149 is similar to the rule consid- as an open-plus rule. sions relating to enrollment in the con- ered yesterday, with three major dif- The rule provides for 1 hour of gen- servation reserve program, provisions ferences. Are they listening over there? eral debate. It is equally divided and establishing exemptions to the Endan- First, the rule makes in order as the controlled between the chairman and gered Species Act for disaster areas first of the protected amendments a ranking member of the Committee on and unauthorized parking garage and Kaptur-Riggs-Roukema-Roemer-Quinn Appropriations, and it waives all points rescissions of contract authority from amendment relating to the WIC Pro- of order against consideration of the the transportation trust funds. And let gram. Secondly the rule drops from the bill. me tell my colleagues they better pay list of protected amendments two The rule further provides that the attention to that because what that amendments, the Gilman-Spence-Solo- amendment printed in the rule shall be might mean is that this bill is no mon amendment relating to Bosnia, considered as adopted. All points of longer paid for; and fiscal conserv- and also it drops the other Solomon order against the provisions in the bill atives like me that came here 20 years amendment dealing with the funding for failure to comply with clause 2, ago and have been trying to bring some for the Nunn-Lugar Program. Again, which prohibits the unauthorized or fiscal sanity to this country are ex- we might get into this debate later on, legislative provisions in a general ap- pected to vote for this thing and it is but what we have got is $400 million in propriation bill, or clause 6, prohibit- not paid? My colleagues have got an- a pipeline under Nunn-Lugar funding ing reappropriations in a general ap- other guess coming. to help countries like Ukraine and propriation bill, of rule XXI are The rule also waives all points of Kazakhstan that have already been waived, except as specified in the rule, order against each amendment printed denuclearized. They do not even have and I think all my colleagues are fa- in part 2 of the Committee on Rules’ any missiles pointed toward the United miliar with that. report. It provides that these amend- States with this $400 million in here to These exceptions relate to those leg- ments may only be offered in the order just hand out to them for whatever islative and unauthorized provisions specified. It shall be debatable for the purposes. contained in the bill reported by the time specified in this report, equally As I said yesterday, the bill is impor- Committee on Appropriations which divided and controlled by the pro- tant, but there is a question of whether were objected to by the authorizing ponent and an opponent, shall be con- the bill is paid for. If that question re- committees of jurisdiction. sidered as read, shall be offered only by mains at the end of this debate, I for In an effort to be as fair as possible the Members designated in the report one will not be voting for this piece of to all Members and to respect the com- and shall not be subject to further legislation, and I would advise other mittee system, the Committee on amendment or a demand for a division Members not to do so either. Rules followed its standard protocol of of the question. Mr. Speaker, I reserve the balance of leaving any provision to which an au- Once these eight amendments have my time. thorizing committee objection was been considered by the House, the rule Mr. MOAKLEY. Mr. Speaker, I yield raised subject to a point of order, al- also provides, and this is very impor- myself such time as I may consume. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2689 Mr. Speaker, I thank my dear friend, fants and small children from getting without it, but then, Mr. Speaker, the gentleman from New York [Mr. food under the WIC Program. It will whose fault is it going to be if the Gov- SOLOMON], for yielding me the cus- cut college aid by $1.7 billion which ernment shuts down? tomary half hour. means that 375,000 students will be b 1115 Mr. Speaker, I urge my colleagues to eliminated from the Pell Grant Pro- defeat the previous question on this gram. It will also cut educational serv- It is going to be the President of the rule. As the gentleman from New York ices for over 483,000 children and will United States of America, and I do not said, some parts of the rules have been cut up to 56,000 children out of the think that Mr. Clinton wants that to improved greatly, and I commend my Head Start Program. It will keep 60,000 happen on his watch. I certainly would dear friend, the chairman, for getting veterans from VA medical care. Mr. not think so. this new knowledge overnight and to Speaker, the list just goes on and on Having said that, I yield 2 minutes to improve the rule so that it is much and on. the gentleman from Pennsylvania [Mr. more palatable to many of us. But President Clinton has said in no un- GEKAS], the sponsor of this continuing some parts of the rule have been im- certain terms; in fact a letter that he resolution. proved, but still, Mr. Speaker, others sent to the Committee on Rules yester- Mr. GEKAS. Mr. Speaker, I thank still need work, and if we defeat the day stated that he will veto this bill if the gentleman for yielding me this previous question, we can get to work it contains an automatic continuing time. on those other parts. resolution, and I think that these stu- I am astounded at the gentleman Mr. Speaker, I am very happy with dents, these veterans, and these preg- from Massachusetts. He deplores the some of the changes my Republican nant women will all agree with them. fact that if we, in this continuing reso- colleagues have made to this rule. I am But this did not stop my Republican lution, make sure that last year’s pro- pleased to see the amendment to re- colleagues from inserting the auto- grams would be funded at 100 percent, store WIC nutrition funding for 180,000 matic continuing resolution in this that the veterans, Head Start, and women and children is now a freestand- bill. Mr. Speaker, badly needed flood other programs will suffer. I ask him ing amendment, and it gives credit, Mr. relief is no place for political gains, whether he, the gentleman from Massa- Speaker, it gives credit where credit is particularly when it endangers so chusetts [Mr. MOAKLEY], would agree due. It is back to being called the Kap- many, so many important programs. that a shutdown causes a 100-percent tur amendment, and justly so, because I urge my colleagues to defeat the cut in all of those programs. That is, if this Congressperson has worked so previous question, and if the previous the Government shuts down, women, hard for so many years on the WIC Pro- question is defeated, I will move to infants, and children get nothing in gram, and it is justly named the Kap- strike this poison pill, the automatic their programs. The veterans get noth- tur amendment, and that is the way it continuing resolution and the provi- ing in their programs. The students get should be. Mr. Speaker, I thank my sion that threatens our children, nothing out of the Pell grants. That is chairman of the Committee on Rules threatens our students, and threatens a 100-percent cut in their programs be- for acknowledging this and amending our veterans, and I will expose the cur- cause of the possibility and actuality the rule to include it. rency provision to a point of order in of a shutdown. But I am not pleased that the cur- order to ensure that American money My legislation is a good Government rency provision has been protected is made in America. effort to prevent shutdowns forever. from a point of order, Mr. Speaker. I Mr. Speaker, I reserve the balance of When our Founding Fathers in 1789 es- think a lot of my colleagues agree with my time. tablished this country, this Nation, me and it is very important that Amer- Mr. SOLOMON. Mr. Speaker, I yield this Government of ours, they pro- ican money should be made by Ameri- myself such time as I may consume. ceeded to be for all time. We cannot cans and made in America. Under this Mr. Speaker, once again I am just tolerate a shutdown of 5 minutes, let provision our money can be made over- kind of taken aback by the statement alone 1 day or 20 days. seas, and I am afraid that some coun- of my good friend, the gentleman from When the Desert Storm fracas began tries might make just a little bit more Massachusetts [Mr. MOAKLEY]. He with Desert Shield, right in the midst than we order. So I hope that the pre- seems to be saying that we Democrats of Desert Shield while our young peo- vious question will be defeated and we are opposed to this continuing resolu- ple were over there with musket in can make those changes. tion. hand ready to do battle, our Govern- But most importantly, Mr. Speaker, Mr. Speaker, first of all, during the ment shut down at the hands of a Dem- despite the changes and despite the hearing we held we had a number of ocrat Congress and a Republican Presi- greater number of votes this rule will Democrats come before the committee dent who could not agree. Recently, a get more than its predecessor, it is still and ask us for this continuing resolu- Republican Congress and a Democrat headed nowhere, and that is the real tion because they remember when 2 President could not agree, and the Gov- shame of this whole matter, because years ago the Government was shut ernment shut down again, a 100-percent Grand Forks, ND has been all but de- down on two separate occasions for an cut, I say to the gentleman from Mas- stroyed and its residents deserve every extended period of time, and a lot of sachusetts, in all of the programs so bit of help that we can give them not workers were put out, were put out of near and dear to his heart and which he next week, not next month, but right Federal workers were put out of work related now as being endangered by the now. without pay, and this is an attempt to continuing resolution. But my Republicans colleagues have see that that does not happen again. We preserve 100 percent funding from added a poison pill to the midwestern We are actually trying to help the last year’s appropriations, preserve flood relief which all but ensures its President, and that is why this con- Head Start, preserve women and chil- doom. The poison pill, Mr. Speaker, is tinuing resolution which funds all mat- dren, preserve the veterans, preserve an automatic continuing resolution ters that have not been dealt with after the students. And the gentleman from which is my Republican colleagues’ September 30 of this year, it keeps the Massachusetts does not see, as I see, way of saying please stop us before we Government functioning at this year, that a shutdown destroys those pro- shut down the Government again. My this current fiscal year’s level of spend- grams, puts people out of work, cuts Republican colleagues do not trust ing. the stream of funding to our Head themselves to get the Federal spending Mr. Speaker, what more could one Start children, cuts the stream of fund- bills finished in time, and they are try- ask for? ing to our veterans, destroys the capa- ing to get out of their constitutional I doubt very much if the President is bility to deal with Head Start because responsibility to do so. going to stand up and reverse himself, the President and the Congress could Mr. Speaker, this automatic continu- although he has been known to do that not agree. ing resolution will cause all sorts of se- before, and veto this bill because there Mr. MOAKLEY. Mr. Speaker, I yield rious problems. For instance, each is a continuing resolution. If he does, I myself such time as I may consume. month, each and every month, it will guess we would have no other choice Government never has to be shut keep an average of 500,000 women, in- but to bring it right back, repass it down if people negotiate in good faith. H2690 CONGRESSIONAL RECORD — HOUSE May 15, 1997 The last time there was a political de- The primary purpose of this legisla- year to year unless Congress acted to cision made to embarrass the Presi- ture ought to simply be to get the raise or lower it. Because of inflation, dent, it backfired. We are not going to emergency aid contained in this bill to the freeze is equivalent to a cut each put this on automatic pilot, because the people who need it the most, and year in real terms. The President what we do is we freeze the budget at we should not drag in extraneous is- wants the issue to be debated anew last year’s status, which means that sues. I am pleased that as a result of each year in the same way it has al- they do not grow as a result of more the rule going down yesterday, adjust- ways been. The no-shutdown provision people getting on those programs and ments have been made to eliminate is an attempt to load the dice without inflation, and I think it is a bad idea. those two provisions. quite saying so, a forcing device that We can negotiate and we can come to a I am also pleased that we have been has no place in a bill whose main os- conclusion so Government does not told that in conference that the tensible purpose is to provide food re- have to be shut down. McKeon amendment, which is expected lief in the Upper Midwest. The gentleman from New York [Mr. to be added, will be fixed so that we I would simply say, lest there be any SOLOMON], my friend and the chairman have a more equitably balanced com- doubt about it, the President’s message of the Committee on Rules, says that mission to review the question of long- contains the following sentence: The he is trying to do the President a favor. term rises in college tuition costs. President has indicated that he would Well, if he read the same letter I read, I am also pleased to recognize that veto the bill if such a provision were the President said, one does not have the amendment restoring full funding included in it. That is the direct letter to read between the lines, the Presi- for WIC will be debated and that it will which we received, statement of ad- dent said that he would veto this mat- be offered by the person who has car- ministration policy from the Executive ter if the automatic continuing resolu- ried the ball on that issue for so long, Office of the President. tion was included. It cannot be any the gentlewoman from Ohio [Ms. KAP- So I would simply say, what we are simpler than that. TUR]. going to be asking people to do is not Now, I do not know if my friend I think there are still some problems to object to the rule itself, we will be across the aisle has a crystal ball or with this rule, however. I do not per- asking people to vote ‘‘no’’ on the pre- tea leaves, but that is what the letter sonally intend to ask for a rollcall on vious question on the rule so we can said. the rule, I hope no one else does on our eliminate what we consider to be two Mr. SOLOMON. Mr. Speaker, will the side of the aisle either. But we do in- illegitimate waivers of the rules. If we gentleman yield? tend to demonstrate our unhappiness eliminate that, we eliminate much of Mr. MOAKLEY. I yield to the gen- with the rule by asking, as the gen- the controversy in this bill. tleman from New York. tleman from Massachusetts said, that Mr. SOLOMON. Mr. Speaker, I am a Second, if the CR amendment is my colleagues vote against the pre- little confused, because I have all of adopted, we will then be asking Mem- the press clippings of 2 years ago when vious question so that we might offer bers to vote ‘‘no,’’ because we feel that the President complained vehemently. an amendment that eliminates the pro- all that is, in addition to having all of I would say to my colleague from Mas- tection in the bill for the otherwise the faults I just described, its major sachusetts, why do we not go to the nonlegitimate language with respect to short-term problem is that it will sim- White House, and the gentleman from U.S. currency printing and also, and ply delay for a significant period of Massachusetts can get the appoint- most importantly, will eliminate the time our ability to deliver the emer- ment, and why do we not go and dis- waiver of the rule, clause 2, rule XXI, gency aid to the parts of the country cuss it with the President and let us without which this most troublesome who need it. clear this matter up. amendment on a permanent CR could Mr. Speaker, I would ask that we not Mr. MOAKLEY. Mr. Speaker, re- not in fact even be offered, because it is follow what has unfortunately become claiming my time, will the gentleman clearly not germane to this bill. an all-too-regular process in this place admit that he received a letter from Now, the question is asked, why are of loading up these emergency supple- the President stating that he would we against adding this proposal to this mental with items that do nothing ex- veto this bill if this were included? bill? For two very simply reasons: cept slow the package down. This bill Mr. SOLOMON. Mr. Speaker, if the First, because it will again engage us will not become law if that provision is gentleman would further yield, yes; but in a protracted debate and it will pre- attached to it. We ought to recognize I will say to my good friend, he knows vent the emergency assistance from ar- it. If we are interested in bipartisan co- that that was an 8-page letter, which is riving in North Dakota, South Dakota operation, that cooperation ought to highly unusual. So one has to read be- and other areas where it is needed; and start before legislation is brought to tween the lines, I would say to my good I think that that should not happen. the floor, not only after we go through friend. Second, if that provision were to be a protracted process, which incurs sev- Mr. MOAKLEY. Mr. Speaker, I do not adopted, as I say, it is not even ger- eral vetoes and prevents needed aid know what lines the gentleman has mane under our normal rules. If it were from going to the States who need it so read between, but I would just say, do to be adopted, what it would do is to badly right now. not read between the lines, just read reward Congress for inaction, it would Mr. SOLOMON. Mr. Speaker, I yield 3 the lines. enshrine thee status quo as permanent minutes to the gentleman from Florida Mr. Speaker, I yield 7 minutes to the policy in the U.S. budget policy. [Mr. DIAZ-BALART], one of the out- gentleman from Wisconsin [Mr. OBEY]. What it would do, for instance, is to standing Members of this body from Mr. OBEY. Mr. Speaker, I thank the see to it that initiatives which are rec- Miami, and he has an extremely impor- gentleman for the time. ognized on both sides of the aisle that tant amendment that will be offered a Let me say that I think this rule is need to be taken in the area of edu- little bit later on this bill. considerably improved from yesterday cation or in the area of strengthened Mr. DIAZ-BALART. Mr. Speaker, I for the following reasons: First of all, medical research at NIH would be thank the chairman of the Committee it no longer contains the extraneous wiped out. And yet the old, outmoded on Rules for the time. and, in my view, extremely misguided programs which the Congress has de- Mr. Speaker, I think it is known how provisions which would have dragged termined that we ought to cut below strongly I feel about the right of legal, this emergency proposal into a pro- last year’s level, those programs will taxpaying immigrants in this country tracted argument on Bosnia and also still be protected. That is not a way to to be treated in a nondiscriminatory would have effectively eliminated a produce an intelligent budget. It is way with regard to the receipt of pro- very large amount of funding for the Government without thinking, it is grams, the eligibility for programs as Nunn-Lugar program, which has elimi- Government without action. essential as Supplemental Security In- nated 4,500 nuclear weapons in the As the Washington Post said this come. former Soviet Union. I think it is not morning in its editorial, the effect of I am very pleased that the Commit- in the national interests of the United this amendment would be to lock in tee on Rules has made in order an States for us to have bogged this bill place a new norm in which an agency’s amendment, with the support obvi- down in either debate. appropriation would be frozen from ously of the gentleman from New York May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2691

[Mr. SOLOMON] but also the gentleman Mr. MOAKLEY. Mr. Speaker, I yield costs another $1.7 million,’’ or another from Massachusetts [Mr. MOAKLEY], myself such time as I may consume. $2 million. the ranking Member, and the support I would just like to read the state- I would ask the gentleman from Indi- of the gentleman from Louisiana [Mr. ment of administration policy dated ana [Mr. BURTON] how many times he LIVINGSTON], chairman of the Commit- May 13, 1997, delivered to the Commit- has heard that? tee on Appropriations, and the gen- tee on Rules. On page 2 under the title Mr. BURTON of Indiana. Mr. Speak- tleman from Wisconsin [Mr. OBEY], the ‘‘Automatic Continuing Resolution,’’ er, will the gentleman yield? ranking member, an amendment to re- and I quote, ‘‘The President has indi- Mr. SOLOMON. I yield to the gen- store for the duration of the fiscal year cated that he would veto the bill if tleman from Indiana, [Mr. DAN BUR- the eligibility of legal immigrants in such a provision were included in it.’’ TON], one of the most fiscally conserv- the United States to receive Supple- It does not need to be interpreted. That ative Members of this body and a great mental Security Income. is a plain statement. That is what the chairman of the Committee on Govern- We owe a very special debt, Mr. President said. ment Reform and Oversight. Speaker, of gratitude to the gentle- Mr. Speaker, I yield 2 minutes to the Mr. BURTON of Indiana. Mr. Speak- woman from Florida [Mrs. MEEK] for gentlewoman from New York [Mrs. er, I would say to the gentleman, hun- dreds and hundreds. fighting so eloquently, so selflessly and MALONEY]. yet so tenaciously on behalf of this Mrs. MALONEY of New York. Mr. Mr. SOLOMON. Mr. Speaker, when we look at this bill, is that an emer- very vulnerable population that this Speaker, I thank the gentleman for gency funding matter? Look at the rest amendment addresses. yielding time to me. There are also a number of Members Mr. Speaker, I rise against this rule. of what is in this bill, look at the Sen- who have distinguished themselves for Mr. Speaker, last night the Republican ate Christmas tree. How many times have we heard, this only costs an addi- a long period of time fighting for this leadership ruled the bipartisan amend- tional $1 million, $2 million, $3 million? issue on behalf of this issue, on behalf ment I offered with the gentleman Mr. BURTON of Indiana. I would just of this very vulnerable population. from Connecticut [Mr. SHAYS], the gen- This amendment would not have been like to say, Mr. Speaker, that the com- tleman from Massachusetts [Mr. ments of my colleague, the gentleman possible were it not for the leadership MEEHAN], and the gentlewoman from from New York [Mr. SOLOMON], chair- and concern of the gentlewoman from New Jersey [Mrs. ROUKEMA] to restore Florida [Mrs. MEEK], as I have men- man of the Committee on Rules, are the Federal Election Commission fund- not lost on the American people. They tioned, the gentlewoman from Florida ing and to unfence this money so it [Ms. ROS-LEHTINEN], and the gentleman know that when you add $1.7 million, could be used for investigations out of $10 million, $20 million, $50 million, from Rhode Island [Mr. KENNEDY] and order because the chairman said it was others. pretty soon it starts adding up into not an emergency. some money. They get a little con- I want to make a special recognition But what is more an emergency than as well of the cosponsorship of this cerned about that. restoring the faith of the American One of the reasons why the auto- amendment and of the leadership and people in the election process? How can the critical support of the gentleman matic continuing resolution provision we restore credibility in our elections at last year’s spending level is so im- from Florida [Mr. SHAW]. He has been process when this same body, under Re- instrumental in making this amend- portant is so we do not shut down Gov- publican leadership, votes $12 to $15 ernment, No. 1, putting a lot of peo- ment in order, in facilitating the proc- million, including a slush fund, to the ess moving forward, and I wanted to ple’s jobs in jeopardy in the Federal Committee on Government Reform and publicly thank him as well for his co- work force, but in addition to that, to Oversight for a partisan investigation, sponsorship and, as I say, his leader- make sure that the big spenders in this and then, on the other hand, turns ship. place do not continue to escalate the So I am very encouraged that this around and denies the funding to the cost of Government every single year, amendment did not receive any verbal only nonpartisan, independent agency as they have in the past. opposition at all in the Senate. It was that is actually empowered to inves- If we cannot reach agreement on a passed overwhelmingly with 89 votes in tigate election abuses, find election spending bill, rather than shut down the Senate. abuses. government, let us just fund it at last The Federal Elections Commission year’s level for a while, 100 percent of b 1130 has come forward and said that they last year’s level. That is not bad. We I look forward to a similar degree of need this money to get the job done for are not hurting anybody. They are still support on a bipartisan basis in this the abuses before them. This money getting their paychecks. Government House. I would hope that as conten- has been denied, yet this body has goes on. We are not cutting anything, tious issues such as the CR question voted to give $12 to $15 million to a we are just not increasing it. So the and others are debated, that issues partisan investigation. American people ought to know very such as those do not create a situation Mr. Speaker, I just would like to ap- clearly which side of the aisle wants to where a vulnerable population such as peal to both sides of the aisle to vote continue to increase spending, increase the legal immigrants of this country against this rule until we do the right spending, more, more, more, all the who are facing not a natural disaster, thing, which is fund the independent time. not a disaster by act of God, but rather agency that is empowered to inves- Mr. MOAKLEY. Mr. Speaker, I yield by act of man, can be reassured today tigate. They are only asking $1.7 mil- 1 minute to the gentleman from Wis- that they will be taken care of as the lion. They are saying they cannot get consin [Mr. OBEY], ranking member on budget process takes place and a final the job done unless they get the $1.7 the Committee on Appropriations. solution is worked, a final resolution of million. Mr. OBEY. Mr. Speaker, the com- this issue is developed for their tran- Yet the leadership is denying them ments just made by the gentleman in quility and their benefit. the money to get the job done and, on the well were absolutely, totally incor- PARLIAMENTARY INQUIRY the other hand, voting for a slush fund rect. I would point out that one of the Mr. MOAKLEY. Parliamentary in- and $12 to $15 million for the Burton objections we have to this permanent quiry, Mr. Speaker. partisan investigation. It is wrong. I CR provision is that it would also allow The SPEAKER pro tempore [Mr. COL- would caution anyone not to vote for for the continuation of programs at 100 LINS]. The gentleman will state his in- this rule until the funding for the Fed- percent of their previous level, even if quiry. eral Election Commission is in the bill, this Congress has a bipartisan agree- Mr. MOAKLEY. Was the President’s and that the money is unfenced so that ment that these programs have out- message a veto on this bill if we do not proper investigations can take place. lived their usefulness, that they are knock out the continuing resolution? Mr. SOLOMON. Mr. Speaker, I yield wasteful, that they are low priority, The SPEAKER pro tempore. That is myself such time as I may consume. that they ought to be reduced so you not a parliamentary inquiry the Chair Mr. Speaker, I have been around here have more room for other programs can answer at this time. The message a long time, and how many times have that we have reached consensus on that will be read in due course. I sat here and listened to ‘‘This only ought to be raised. H2692 CONGRESSIONAL RECORD — HOUSE May 15, 1997 So this amendment has nothing sidered by either of the authorizing b 1145 whatsoever to do with saving money. committees that deal with such Frankly, Mr. Speaker, I think that The only thing this amendment does is changes, neither the Committee on this is an extremely strange way to require the Congress to stop making Government Reform and Oversight, balance the budget. I think it is an ex- tough choices. It requires the Congress under the leadership of the gentleman tremely strange way to protect the in- to stop thinking. It puts Government from Indiana [Mr. BURTON], nor the tegrity of the American dollar and the on automatic pilot. It becomes the Bu- Committee on Banking and Financial rest of our currency. reaucracy Supremacy Act of 1987. It Services, under the leadership of the I urge a no vote on the previous ques- does not have diddly to do with saving chairman, the gentleman from Iowa tion so that the matter can be consid- one dime. [Mr. LEACH]. ered and hearings can be held by the Mr. SOLOMON. Mr. Speaker, I yield Clearly those changes in the Bureau committees of jurisdiction at the au- myself such time as I may consume. of Engraving and Printing law are leg- thorizing level, the Committee on Gov- islating on an appropriations bill and Let me just tell the gentleman, Mr. ernment Reform and Oversight and the should not be part of this emergency Speaker, he is absolutely incorrect in Committee on Banking and Financial his statement. He is trying to stand up flood victim relief bill. Section 601 does two things. First, it Services. here and say that if his Committee on Mr. Speaker, I urge a ‘‘no’’ vote on requires the Treasury Department to Appropriations passes the Health and the previous question. give capitalization subsidies to compa- Human Services appropriation bill and Mr. SOLOMON. Mr. Speaker, I yield 3 nies that are interested in becoming it is signed into law, he is trying to say minutes to the gentleman from Tuc- new suppliers of the American cur- that that will be funded at something son, AZ [Mr. KOLBE], a member of the rency. Capitalization subsidies are cash less than what is agreed to by the Committee on Appropriations, chair- payments for new equipment or a new President. man of the Subcommittee on Treasury, facility to manufacture paper. They That is absolutely not true. Any ap- Postal Service, and General Govern- propriation bill of the 13 that are could reach as much as $100 million. Second, 601 changes the legacy of my ment, who would probably like to rebut signed into law are not affected by this this. I would be interested in what he continuing resolution at all. It is only predecessor, the late Congressman Silvio Conte. The Conte law, adopted in has to say. those appropriation bills that have not 1989, requires American currency to be Mr. KOLBE. Mr. Speaker, I rise in been signed by the President that manufactured by companies that are support of the rule on H.R. 1469. would be affected by this continuing I want to speak on the same conten- no more than 10 percent non-American resolution, and would keep the Govern- tious issue that the gentleman from owned, and 601 would allow the manu- ment functioning at 100 percent of this Massachusetts spoke, about section facturer to be up to 50 percent foreign- year, not last year or the year before, owned. 601, which at least in part caused the of this year’s level of funding. That is That is not being done because Amer- rule to fail yesterday. a fact. ican companies cannot compete. All of This provision would open up the bid- Mr. OBEY. Mr. Speaker, will the gen- these solicitations are open solicita- ding process in the Bureau of Engrav- tleman yield? tions. In fact, in the solicitation that ing and Printing for the supply of Mr. SOLOMON. I yield to the gen- just went out within this last month, I paper, not the supply of currency, the tleman from Wisconsin. have a list here that 56 American com- supply of paper which is used in mak- Mr. OBEY. Mr. Speaker, if the gen- panies, 56 of them, American compa- ing the currency. tleman is going to quote me, I wish he nies who have been asked to compete Currently, and for the last 117 years, would use my words rather than his. and can compete on producing the there has been only one supplier of That is not what I said. I never indi- American currency paper. The provi- that paper for the currency in the cated that this would apply at all to sion is really designed, and carefully United States. We will have a full de- legislation which had already passed. designed, to allow the British currency bate on this later when we get into the My point is that with the bills that maker, Thomas DeLaRue, to make the bill, and there will be a motion to have not yet become signed into law, American currency. strike this particular provision. And you require 100 percent funding, wheth- Thomas DeLaRue is a large company. that is appropriate, because then we er we want to continue 100 percent It is more than a $1 billion company. It can have a debate on this issue. funding or cut out those programs. does not need capitalization subsidies I just want to set the record straight Some of those old, outmoded programs to come from American taxpayer dol- on a couple of things. The chairman that the Congress might like to elimi- lars. Furthermore, Thomas DeLaRue, said earlier that there has been a lot of nate or cut, this proposition requires that large British company, the maker misinformation out there. He’s right. I that those programs be funded at 100 of the British currency, has a monop- think there has been a lot of misin- percent. That does not save any oly on the supply of currency paper to formation. money, that costs money. the British Government. The policy of The underlying bill that the gen- Mr. SOLOMON. Reclaiming my time, the British Government is that no tleman from Massachusetts referred Mr. Speaker, which programs are American company, and not even any was authored by his predecessor, our those? I would like to hear them. other British company, is allowed to late beloved colleague, Mr. Conte. It is Mr. Speaker, I reserve the balance of bid on the British currency paper con- Public Law 100–202, section 622. Section my time. tracts. 622 of that law says that currency Mr. MOAKLEY. Mr. Speaker, I yield I think that the ultimate irony here paper must be made by an American- 6 minutes to the gentleman from Mas- of this combination of the provisions in owned company and it must be made in sachusetts [Mr. OLVER]. section 601 of this legislation, the ulti- the United States. Mr. OLVER. Mr. Speaker, I thank mate irony is that all of us are going to Neither of those provisions are being the gentleman for yielding time to me. vote yes on an amendment that is changed in section 601 of this bill. So Mr. Speaker, we are considering the being offered by the gentleman from this has nothing to do with ‘‘Buy rule on H.R. 1469, which is our emer- Ohio [Mr. TRAFICANT], which is a buy- American’’ provisions, which require gency bill to assist victims of the American amendment. that a product be made in the United floods in the upper Midwest. I rise to Then we are asked, almost in the States. That requirement applies here, urge all Members to vote no on the pre- next breath, to allow capitalization and it must be an American-owned vious question, as the ranking member subsidies that could reach as much as company as well. of the Committee on Rules has urged $100 million to go to the British cur- What this amendment would do is us to do. rency maker so that they can make the clarify something that we adopted last I urge that no vote on the previous American currency, albeit within the year, I might add, in recent language question because section 601 of this bill United States, that being a subsidy in our appropriation bill. What it makes a major change in the Bureau of that goes to a very large company that would do is clarify that when Congress Engraving and Printing procurement is totally closed in its own processes said American-owned, what it meant is law, a change which has not been con- within Britain. that it had to be 50 percent or more May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2693 U.S. ownership. That ought to be an ac- ment in many a meeting that I have have an appreciation for what we are ceptable definition of American-owned. had, I used to chair the Currency Sub- talking about here. It is very impor- We think that there ought to be more committee in the Congress, is very tant in my view that we get on with than one company that is permitted to pleased with the work of Crane Paper. the business, and we have worked con- bid on supplying paper. The gentleman And for us to come in and create this structively in my judgment in a very spoke about 57 companies to which the huge new hidden subsidy program and bipartisan way to craft something that bid had been sent to. He did not say 57 try to stick it into an appropriations will bring badly needed assistance to were going to respond. Only one ever bill, I think, is unconscionable. the people in my part of the country as gets to submit a bid, and that’s because If the basic provision is that, when- well as others. of the way it is structured right now. ever there is a single-source contract I would like to address a couple of We have had no competition in this that the U.S. Government has the ca- questions that have been raised about process for the last 117 years, none pability of going out and providing a our amendment because I think it is whatever. brand-new plant and equipment to any- important that we clarify a couple of And the fact of the matter is that I one else that wants to come along and things. The first is there has been some think, as the debate will bring out bid on that contract, I say, hey, maybe question as to whether or not this is later here today, there is some real we ought to support that. But maybe exclusive to the Midwest, and the an- question about the current supplier of we ought to support that for the guys swer is, it is not. If we will read the paper as to the amount of money they that are bidding on the B–2 bomber. amendment, we will see that any area have been making, the amount of their Maybe we ought to support that for of the country which in this particular profit and whether or not this is a rea- people that are bidding on the M–1 time period is afflicted by this type of sonable profit given the fact that there tank. Maybe we ought to support that a disaster or circumstance would be el- is the possibility of having real com- for the Bradley fighting machine. igible for assistance under the amend- petition here. We will be talking about Maybe we ought to support that for all ment. that more. sorts of single-source contracts that go The second thing I would like to ad- Let me make it clear, this does not on in the Congress of the United dress is there are some waivers in the change the underlying procurement States, not just one. bill. We have worked with the Gov- law at all, does not change the provi- I would go back to the fact that I ernors, respective States, and local of- sion that it has to be made in America, have had several meetings with some of ficials to come up with something that does not change the provision that it the highest levels of the membership of would provide them flexibility. There has to be an American-owned company. the Treasury Department who have in- are some waivers that apply specifi- One other thing I want to point out. dicated time and time again their sup- cally to this particular disaster inci- It was said earlier that there had been port of the current and existing con- dent and also as well to this amount of no hearings. Here are some of the hear- tract with Crane Paper. There has been money. We are not in any way chang- ings that have been held in 1995, 1996, no difficulty with Crane Paper. They ing the Community Development and 1997 on this subject. So there has feel that they are doing a good job. Block Grant Program in any way on a been a lot of hearings held on this par- This is just an attempt by some group permanent basis. ticular subject. or another to come in and say, here is We have also done some things which We will get a change to refer to those a contract that we, a foreign-owned I think tighten up concerns Members hearings later. We will talk about the company, can grab. We are going to on my side of the aisle have had about capitalization subsidy. All of that can ask the taxpayers of the United States this being misused. So the parameters be thoroughly discussed in this debate. to build for us, to pay us to build the are fairly narrowly drawn. I do not want anybody to be misled new engraving machine. Then we are Having answered those questions, I about this. We are not talking about going to use those taxpayer subsidies would be happy to answer other ques- foreign companies supplying our paper. to undercut a family-owned business tions Members might have. But I would We are talking about American compa- that is doing a good job making the really hope that we can get on with nies doing it and making it here in currency today. This is an outrageous this business and work in a very expe- America. pickpocket of the United States tax- ditious way. The clock is counting. We Mr. MOAKLEY. Mr. Speaker, I yield payers’ hard-earned money. I strongly have mayors here from the affected 3 minutes to the gentleman from Mas- oppose the provision. areas who are waiting for this assist- sachusetts [Mr. KENNEDY]. Mr. SOLOMON. Mr. Speaker, I yield 2 ance, and I would hope that we can get Mr. KENNEDY of Massachusetts. Mr. minutes to the gentleman from South to the passage of the bill today. Speaker, I rise today to support the ef- Dakota [Mr. THUNE]. We are supposed forts by my colleagues, the gentleman to be dealing with an emergency sup- Mr. MOAKLEY. Mr. Speaker, I yield 1 from Massachusetts [Mr. MOAKLEY] and plemental here. One of the Members 1 ⁄2 minutes to the gentleman from Wis- the gentleman from Massachusetts most affected by it in this Chamber or, consin [Mr. OBEY], the ranking minor- [Mr. OLVER], to deal with what I think I should say, his constituents is the ity member of the Committee on Ap- is one of the more insidious provisions gentleman from South Dakota. propriations. that I have seen contained within an Mr. THUNE. Mr. Speaker, I thank Mr. OBEY. Mr. Speaker, I had not in- appropriations bill in some time here the distinguished chairman of the Com- tended to do this at this time, but on the floor of this House. To suggest mittee on Rules for yielding me the since the gentleman from South Da- that in an attempt to deal with the time. kota [Mr. THUNE] is here, I would like floods that have so devastated much of I thought as we had been going to get his attention to express a point America that we are going to insert in through this process, I have learned of concern on his amendment. some small area of this language an that we never take anything for grant- I do not intend to oppse the amend- ability of the U.S. Government to come ed. I hoped yesterday that we would be ment of the gentleman when it is of- and provide a huge hidden subsidy to having a debate on this bill and then fered later on in the debate because on one particular company that is then was very surprised to discover that the our side of the aisle we supported the going to have the ability to have own- rule in fact had failed. I would hope President’s original request for a sup- ership of this new company come from that today we can pass the rule and get plemental appropriation for commu- foreign lands, that is then going to go on with the business at hand, and that nity development block grant funding, about printing our dollar bills, seems is to get badly needed disaster relief to as well as funding for FEMA; and we to me to be one of the most incredible those around this country including were asked by the majority side of the attempts at trying to reach into the those in my own State who are des- aisle to withhold on that for the time pork barrel of the taxpayer dollars that perately in need of it. being, and we did. I have ever witnessed. We have worked very hard, and of I am happy that my colleagues have The truth of the matter is that right course the Speaker of the House, the now seen fit to support the idea. But I now the dollar bill is made by a U.S.- majority leader, and others of this am concerned about a couple specifics owned company. The Treasury Depart- body have toured to see firsthand, to in the amendment. As I understand the H2694 CONGRESSIONAL RECORD — HOUSE May 15, 1997 amendment, if reduces $1.2 billion for voting for the rule. I think it is a good My colleagues from Florida, Mrs. FEMA to $700 million, leaving FEMA rule. But there are some questions that CARRIE MEEK, Mr. LINCOLN DIAZ- with many valid claims on its disaster will need to be answered before I will BALART, and Mr. CLAY SHAW, and many relief fund that it may not be able to support the bill on the floor. other Members of Congress have pay. b 1200 worked in a bipartisan manner to help I would say, in general debate, I legal residents who reside in this coun- think there are a number of questions Mr. MOAKLEY. Mr. Speaker, I yield try legally, who pay their taxes, who I need to ask the gentleman about his 11⁄2 minutes to the gentleman from came here seeking Democratic free- amendment, because if they are not Connecticut [Mr. SHAYS]. doms from tyranny or economic oppor- fixed up in conference, they will cause Mr. SHAYS. Mr. Speaker, I oppose tunity and prosperity for their chil- a substantial problem for FEMA to this rule and I oppose this bill because dren. FEMA’s ability to deliver needed as- this emergency supplemental includes It is these same individuals who are sistance around the country. So I much more than emergencies. But, now members of our elderly population would appreciate if the gentleman more importantly, Mr. Speaker, if who live in terror that their suste- would be prepared to answer those there are going to be nonemergency nance, their SSI benefits, will be cut questions. items, then what was appropriated for off. SSI benefits, as all of us know, Mr. THUNE. Mr. Speaker, I would be the FEC, the Federal Election Commis- apply only to those who are over 64 happy to do that. sion, of $1.7 million should stay in this years of age, blind or disabled. They Mr. SOLOMON. Mr. Speaker, I yield 2 budget. This rule takes the money out. are not a free ride. They are a means of minutes to my very distinguished col- I strongly oppose taking out the survival for our elderly and disabled league, the gentleman from Hunting- money for the FEC if we are to in fact who have no other way to sustain ton Beach, CA [Mr. ROHRABACHER], have nonemergency items in this bill. themselves. where they have the high surfs. This rule would do that. How can we, Mr. Speaker, as legisla- Mr. ROHRABACHER. Mr. Speaker, Mr. SOLOMON. Mr. Speaker, I yield 1 tors and representatives of these same there seem to be a lot of waves being minute to the gentleman from Dela- people, their children and their grand- created here today. ware, Mr. MICHAEL CASTLE, the former children explain to them that even Mr. Speaker, I rise in support of the Governor of Delaware. though they have worked and paid rule, but I will have to admit that Mr. CASTLE. Mr. Speaker, I thank their taxes and served their country there have been some arguments pre- the chairman for yielding me this they will have to fend for themselves? sented by the other side that deserve time, and I will not take long here be- Mr. MOAKLEY. Mr. Speaker, I yield consideration today. cause this issue will carry on with this myself the balance of my time, and I One of my central reasons for sup- whole business of this section 601 and just want to say that I am very appre- porting the rule is that it contains the this applying for the paper of the cur- hensive anytime the gentleman from Gekas amendment, and I know that rency of the United States. New York follows me, but I will try to some of my friends on the opposite side I have been involved with this argu- make it. of the aisle oppose the rule for exactly ment as the chairman of a subcommit- Mr. Speaker, if the previous question that reason. The Gekas amendment is tee that deals with this particular is defeated, I intend to offer two political insurance for the people of the issue, and this issue is much more gray amendments to the rule. The first United States. People have flood insur- than it is black and white. Essentially amendment would remove the protec- ance and they have fire insurance and what is attempting to be done in the tion in the rule which would allow for- they have termite insurance. This is legislation now, and the reason I sup- eign companies to bid for the produc- political insurance that the Federal port the rule, is it is an effort to make tion of our paper for our currency. Government will not close down be- sure that we will have fair competition As I stated before, I believe that cause of the political impasse between for this particular contract. It is as American money should be printed on the political parties. sole source a contract right now as we paper made by American producers, It makes all the sense in the world to can have in the United States. and I feel that we in Congress have a ensure that the Government will con- There is a special sweetheart provi- duty to do all we can to make sure that tinue even if there is a political dis- sion demanding 91 percent American our currency is printed on paper made agreement of those of us on the floor, ownership. This is far beyond the Trafi- in America. as happened in 1995, when we passed cant amendment. It would fit under the My second amendment, Mr. Speaker, our appropriations bills; but because of Traficant amendment the way it is try- would strike the waiver from amend- the President’s intransigence, he shut ing to be fixed. It would still be an ment No. 7, which provides a continu- down the Government; and because of American-owned company that would ing resolution. This emergency spend- his ability to communicate, blamed it have to do this, and it would be a com- ing flood relief bill is not the place for on the Republicans. pany which would have its paper made these types of provisions. This would prevent that scenario and here in the United States of America. I urge Members to defeat the pre- that finger-pointing from taking place. What they are asking for, what they vious question so that we may fix this However, let me add that I am very have had for several years now, is a rule and move on to the vital emer- concerned that we will be providing $8 super buy-America provision, and we gency spending bill. billion in this bill, $5 billion to flood are trying to eliminate that and pro- Mr. Speaker, I am providing for the insurance emergency funds, yes. That vide a fair opportunity for everybody, RECORD information regarding the text is understandable. Some more citizens including, I might add, the present con- of the previous question amendment to are in trouble. tract with the Crane Paper Co. H.R. 1469. But another $2 billion for Bosnia, $2 Mr. SOLOMON. Mr. Speaker, I yield 1 TEXT OF PREVIOUS QUESTION AMENDMENT TO billion for Bosnia at a time when our minute to the gentlewoman from H.R. 1469 SUPPLEMENTAL APPROPRIATIONS Secretary of Defense is talking about Miami, FL, Ms. ROS-LEHTINEN, one of our great Congresswomen. Text: closing down more military bases in On page 3 line 4 of H. Res. 149, after our country? Our troops were supposed Ms. ROS-LEHTINEN. Mr. Speaker, ‘‘waived’’ add the following: ‘‘; except that to be out of Bosnia a long time ago. several members of the south Florida points of order are not waived against the Many of us did not want those troops congressional delegation have been amendment numbered 7 offered by Rep- in Bosnia in the first place. So that is working on an amendment that the resentative Gekas and Representative Solo- very questionable. Committee on Rules, under the leader- mon’’. Of course, we have also questions ship of the gentleman from New York, On page 2 line 15 after ‘‘15;’’ insert the fol- lowing ‘‘page 25, lines 1 through 21;’’ raised on the floor today about the Mr. JERRY SOLOMON, has made in order, printing of the currency and whose that would postpone the August 22 cut- THE VOTE ON THE PREVIOUS QUESTION: WHAT company will be doing it, and I think off date of SSI payments to U.S. legal IT REALLY MEANS those questions should be answered. residents and extend the payment of This vote, the vote on whether to order the But I will say that, overall, I will be these benefits until September 30. previous question on a special rule, is not May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2695 merely a procedural vote. A vote against or- this is a fair rule. It is a rule that al- The question was taken; and the dering the previous question is a vote lows any Member of this body to come Speaker pro tempore announced that against the Republican majority agenda and on this floor and to offer amendments the ayes appeared to have it. a vote to allow the opposition, at least for the moment, to offer an alternative plan. It under free debate without any restric- Mr. MOAKLEY. Mr. Speaker, I object is a vote about what the House should be de- tions whatsoever under the rules of the to the vote on the ground that a bating. House. So there is no question but quorum is not present and make the Mr. Clarence Cannon’s Precedents of the what Members should come over and point of order that a quorum is not House of Representatives, (VI, 308–311) de- vote for the rule. present. scribes the vote on the previous question on As a matter of fact, on the continu- The SPEAKER pro tempore. Evi- the rule as ‘‘a motion to direct or control the ing resolution, which seems to be some dently a quorum is not present. consideration of the subject before the House being made by the Member in charge.’’ To question, this is not in any way locked The Sergeant at Arms will notify ab- defeat the previous question is to give the in. This is a freestanding amendment sent Members. opposition a chance to decide the subject be- that will be offered, and every Member Pursuant to the provisions of clause 5 fore the House. Cannon cites the Speaker’s will have the opportunity to come over of rule XV, the Chair announces that ruling of January 13, 1920, to the effect that and cast their vote on this continuing he will reduce to a minimum of 5 min- ‘‘the refusal of the House to sustain the de- resolution, which simply says that the utes the period of time within which a mand for the previous question passes the Government will continue to operate vote by electronic device, if ordered, control of the resolution to the opposition’’ should the Congress not deal with all of in order to offer an amendment. On March will be taken on the question of agree- 15, 1909, a member of the majority party of- the 13 appropriation bills that fund the ing to the resolution. fered a rule resolution. The House defeated Government in the coming year. That, The vote was taken by electronic de- the previous question and a member of the to me, Mr. Speaker, is certainly more vice, and there were—yeas 228, nays opposition rose to a parliamentary inquiry, than fair. 196, not voting 9, as follows: asking who was entitled to recognition. I have two concerns about the bill it- [Roll No. 129] Speaker Joseph G. Cannon (R-Illinois) said: self, and that is that there are a lot of YEAS—228 ‘‘The previous question having been refused, issues in here that did not deal in Aderholt Forbes Metcalf the gentleman from New York, Mr. Fitzger- emergency funding at all; and, second, ald, who had asked the gentleman to yield to Archer Fowler Miller (FL) him for an amendment, is entitled to the I am really concerned over this issue of Armey Fox Minge the U.S. Mint currency. Bachus Franks (NJ) Molinari first recognition.’’ Baker Frelinghuysen Moran (KS) Because the vote today may look bad for I want all my colleagues, when they Ballenger Gallegly Moran (VA) the Republican majority they will say ‘‘the come over, or if they are in their of- Barr Ganske Morella vote on the previous question is simply a fices now, to read page 25 of the bill. In Barrett (NE) Gekas Myrick vote on whether to proceed to an immediate page 25 of the bill it says that we are Bartlett Gibbons Nethercutt Barton Gilchrest Neumann vote on adopting the resolution . . . [and] lowering the requirement that compa- has no substantive legislative or policy im- Bass Gillmor Ney nies that are successful in being able to Bateman Gilman Northup plications whatsoever.’’ But that is not what print or make the paper that our U.S. Bereuter Goodlatte Norwood they have always said. Listen to the Repub- Bilbray Goodling Nussle lican Leadership Manual on the Legislative dollars are printed on must be 90-per- Bilirakis Goss Oxley Process in the United States House of Rep- cent American-owned, by U.S. citizens. Bliley Graham Packard resentatives, (6th edition, page 135). Here’s Ninety percent. This lowers that to 50 Blunt Granger Pappas how the Republicans describe the previous percent. Boehlert Greenwood Parker question vote in their own manual: Boehner Gutknecht Paul Mr. Speaker, I do not know how Bonilla Hansen Paxon ‘‘Although it is generally not possible to closely my colleagues have followed amend the rule because the majority Mem- Bono Hastert Pease Brady Hastings (WA) Peterson (MN) ber controlling the time will not yield for this, but I advise all Members to go up- stairs here on the top floor and get Bryant Hayworth Peterson (PA) the purpose of offering an amendment, the Bunning Hefley Petri same result may be achieved by voting down some CIA briefings on what is happen- Burr Herger Pickering the previous question on the rule . . . When ing throughout this whole country Burton Hill Pitts the motion for the previous question is de- with this whole global economy situa- Buyer Hilleary Pombo feated, control of the time passes to the tion. We have these megacompanies, Callahan Hobson Pomeroy Member who led the opposition to ordering Calvert Hoekstra Porter some run by the Russian Mafia, others Camp Horn Portman the previous question. That Member, because that are questionable that come out of Campbell Hostettler Pryce (OH) he then controls the time, may offer an Indonesia, others directly controlled by Canady Houghton Quinn amendment to the rule, or yield for the pur- Cannon Hulshof Radanovich pose of amendment.’’ other foreign governments like China. I Castle Hunter Ramstad Deschler’s Procedure in the U.S. House of want my colleagues to understand Chabot Hyde Regula Representatives, the subchapter titled what is happening here. Chambliss Inglis Riggs ‘‘Amending Special Rules’’ states: ‘‘a refusal Chenoweth Istook Riley We should all realize that if this is Christensen Jenkins Rogan to order the previous question on such a rule adopted and it becomes law, that any Coble Johnson (CT) Rogers [a special rule reported from the Committee one of these sort of companies that I Coburn Johnson, Sam Rohrabacher on Rules] opens the resolution to amend- have talked about, Mafia-owned, that Collins Jones Ros-Lehtinen ment and further debate.’’ (Chapter 21, sec- Combest Kasich Roukema tion 21.2) Section 21.3 continues: may be still U.S. citizens, that they Cook Kelly Royce ‘‘Upon rejection of the motion for the pre- can have access to this paper. What Cooksey Kim Ryun vious question on a resolution reported from happens to counterfeiting? What hap- Cox King (NY) Salmon the Committee on Rules, control shifts to Crane Kleczka Sanford pens to the value of the American dol- Crapo Klug Saxton the Member leading the opposition to the lar that people have worked so hard Cubin Knollenberg Scarborough previous question, who may offer a proper on? Cunningham Kolbe Schaefer, Dan amendment or motion and who controls the We need to start thinking about this. Davis (VA) LaHood Schaffer, Bob time for debate thereon.’’ Deal Largent Sensenbrenner The vote on the previous question on a rule This is a matter that does not belong DeLay Latham Sessions does have substantive policy implications. It in this bill. It should be dealt with in Diaz-Balart LaTourette Shadegg is one of the only available tools for those an authorizing bill that comes before Dickey Lazio Shaw who oppose the Republican majority’s agen- this House. That is only fair. Dingell Leach Shays Doolittle Lewis (CA) Shimkus da to offer an alternative plan. Having said that, I want my col- Dreier Lewis (KY) Shuster Mr. Speaker, I yield back the balance leagues to come over here and vote for Duncan Linder Skeen of my time. this rule. It is a fair rule. Dunn Livingston Smith (MI) Ehlers LoBiondo Smith (NJ) Mr. SOLOMON. Mr. Speaker, I yield Mr. Speaker, I yield back the balance Ehrlich Lucas Smith (OR) myself the balance of my time and, in of my time, and I move the previous Emerson Manzullo Smith (TX) doing so, let me just say that I have question on the resolution. English McCollum Smith, Linda some concerns about this entire issue The previous question was ordered. Ensign McCrery Snowbarger Everett McDade Solomon and how it is on the floor here today. The SPEAKER pro tempore (Mr. COL- Ewing McInnis Souder But I just want all the Members to LINS). The question is on ordering the Fawell McIntosh Spence know, on both sides of the aisle, that previous question. Foley McKeon Stearns H2696 CONGRESSIONAL RECORD — HOUSE May 15, 1997

Stump Tiahrt Weller The SPEAKER pro tempore (Mr. COL- Smith (MI) Talent Waters Sununu Traficant White Smith (NJ) Tauzin Watts (OK) Talent Upton Whitfield LINS). The question is on the resolu- Smith (OR) Taylor (MS) Weldon (FL) Tauzin Walsh Wicker tion. Smith (TX) Taylor (NC) Weldon (PA) Taylor (NC) Wamp Wolf The question was taken; and the Smith, Linda Thomas Weller Thomas Watts (OK) Wynn Snowbarger Thornberry White Thornberry Weldon (FL) Young (AK) Speaker pro tempore announced that Solomon Thune Whitfield Thune Weldon (PA) Young (FL) the ayes appeared to have it. Souder Tiahrt Wicker RECORDED VOTE Spence Towns Wise NAYS—196 Spratt Traficant Wolf Abercrombie Gordon Murtha Mr. SOLOMON. Mr. Speaker, I de- Stenholm Turner Wynn Ackerman Green Nadler mand a recorded vote. Strickland Upton Young (AK) Allen Gutierrez Neal A recorded vote was ordered. Stump Walsh Young (FL) Baesler Hall (OH) Oberstar Sununu Wamp The SPEAKER pro tempore. This Baldacci Hall (TX) Obey NOES—152 Barcia Hamilton Olver will be a 5-minute vote. Barrett (WI) Harman Ortiz The vote was taken by electronic de- Abercrombie Green Oberstar Becerra Hastings (FL) Owens Ackerman Hall (TX) Obey Bentsen Hilliard Pallone vice, and there were—ayes 269, noes 152, Allen Hastings (FL) Olver Berry Hinchey Pascrell not voting 12, as follows: Baesler Hilliard Ortiz Baldacci Hinchey Owens Bishop Hinojosa Pastor [Roll No. 130] Blagojevich Holden Payne Barrett (WI) Hinojosa Pallone Blumenauer Hooley Pelosi AYES—269 Becerra Hooley Pascrell Bentsen Hoyer Pastor Bonior Hoyer Pickett Aderholt Everett Luther Blagojevich Jackson (IL) Payne Borski Jackson (IL) Poshard Archer Ewing Manzullo Bonior Jackson-Lee Pelosi Boswell Jackson-Lee Price (NC) Armey Fawell Mascara Boucher (TX) Pickett Boucher (TX) Rahall Bachus Foley Matsui Brown (FL) Jefferson Poshard Boyd Jefferson Rangel Baker Forbes McCarthy (MO) Brown (OH) John Rangel Brown (FL) John Reyes Ballenger Fowler McCollum Capps Johnson (WI) Reyes Brown (OH) Johnson (WI) Rivers Barcia Fox McCrery Cardin Johnson, E.B. Rivers Capps Johnson, E. B. Rodriguez Barr Franks (NJ) McDade Carson Kennedy (MA) Rodriguez Cardin Kanjorski Roemer Barrett (NE) Frelinghuysen McInnis Clement Kennelly Rothman Carson Kaptur Rothman Bartlett Gallegly McIntosh Clyburn Kildee Roybal-Allard Clay Kennedy (MA) Roybal-Allard Barton Ganske McIntyre Collins Kilpatrick Rush Clayton Kennedy (RI) Rush Bass Gekas McKeon Conyers Kind (WI) Sanders Clement Kennelly Sabo Bateman Gibbons Meek Costello Kingston Sandlin Clyburn Kildee Sanchez Bereuter Gilchrest Metcalf Coyne Klink Sawyer Condit Kilpatrick Sanders Berry Gillmor Miller (FL) Cummings Lampson Schumer Conyers Kind (WI) Sandlin Bilbray Gilman Minge Davis (FL) Latham Serrano Costello Kingston Sawyer Bilirakis Goode Molinari Davis (IL) Levin Shays Coyne Klink Schumer Bishop Goodlatte Moran (KS) Deal Lewis (GA) Sherman Cramer Kucinich Scott Bliley Goodling Moran (VA) DeFazio Lipinski Skaggs Cummings LaFalce Serrano Blunt Gordon Morella DeGette Lofgren Slaughter Danner Lampson Sherman Boehlert Goss Murtha Delahunt Lowey Smith, Adam Davis (FL) Lantos Sisisky Boehner Graham Myrick DeLauro Maloney (CT) Snyder Davis (IL) Levin Skaggs Bonilla Granger Nethercutt Dellums Maloney (NY) Stabenow DeFazio Lewis (GA) Slaughter Bono Greenwood Neumann Deutsch Manton Stark DeGette Lipinski Smith, Adam Borski Gutierrez Ney Doggett Markey Stearns Delahunt Lofgren Snyder Boswell Gutknecht Northup Dooley Martinez Stokes DeLauro Lowey Spratt Boyd Hall (OH) Nussle Edwards McCarthy (NY) Stupak Dellums Luther Stabenow Brady Hamilton Oxley Engel McDermott Tanner Deutsch Maloney (CT) Stark Bryant Hansen Packard Eshoo McGovern Tauscher Dicks Maloney (NY) Stenholm Bunning Harman Pappas Etheridge McHale Thompson Dixon Manton Stokes Burr Hastert Parker Evans McHugh Thurman Doggett Markey Strickland Burton Hastings (WA) Paul Farr McKinney Tierney Dooley Martinez Stupak Buyer Hayworth Paxon Fattah McNulty Torres Doyle Mascara Tanner Callahan Hefley Pease Fazio Meehan Velazquez Edwards Matsui Tauscher Calvert Herger Peterson (PA) Filner Menendez Vento Engel McCarthy (MO) Taylor (MS) Camp Hill Petri Flake Millender- Visclosky Eshoo McCarthy (NY) Thompson Campbell Hilleary Pickering Foglietta McDonald Watt (NC) Etheridge McDermott Thurman Canady Hobson Pitts Ford Miller (CA) Waxman Evans McGovern Tierney Cannon Hoekstra Pombo Frank (MA) Mink Wexler Farr McHale Torres Castle Holden Pomeroy Frost Moakley Weygand Fattah McHugh Towns Chabot Horn Porter Furse Mollohan Woolsey Fazio McIntyre Turner Chambliss Hostettler Portman Gejdenson Nadler Yates Filner McKinney Velazquez Chenoweth Houghton Price (NC) Gephardt Neal Flake McNulty Vento Christensen Hulshof Pryce (OH) Gonzalez Norwood Foglietta Meehan Visclosky Clay Hunter Quinn Ford Meek Waters Clayton Hutchinson Radanovich NOT VOTING—12 Frank (MA) Menendez Watt (NC) Coble Hyde Rahall Andrews Hefner Peterson (MN) Frost Millender- Waxman Coburn Inglis Ramstad Berman Kaptur Schiff Furse McDonald Wexler Combest Istook Regula Blumenauer Kucinich Skelton Gejdenson Miller (CA) Weygand Condit Jenkins Riggs Brown (CA) Mica Watkins Gephardt Mink Wise Cook Johnson (CT) Riley Gonzalez Moakley Woolsey Cooksey Johnson, Sam Roemer Goode Mollohan Yates Cox Jones Rogan b 1240 NOT VOTING—9 Cramer Kanjorski Rogers Crane Kasich Rohrabacher So the resolution was agreed to. Andrews Hefner Schiff Crapo Kelly Ros-Lehtinen The result of the vote was announced Berman Hutchinson Skelton Cubin Kennedy (RI) Roukema Brown (CA) Mica Watkins Cunningham Kim Royce as above recorded. Danner King (NY) Ryun A motion to reconsider was laid on Davis (VA) Kleczka Sabo the table. b 1229 DeLay Klug Salmon Diaz-Balart Knollenberg Sanchez f Messrs. OWENS, FLAKE, DAVIS of Dickey Kolbe Sanford Illinois, MCINTYRE, BOSWELL, and Dicks LaFalce Saxton STARK, and Ms. PELOSI changed their Dingell LaHood Scarborough PERSONAL EXPLANATION vote from ‘‘yea’’ to ‘‘nay.’’ Dixon Lantos Schaefer, Dan Doolittle Largent Schaffer, Bob Mr. BLUMENAUER. Mr. Speaker, due to a Messrs. WYNN, MORAN of Virginia, Doyle LaTourette Scott malfunction with the House paging system, FORBES, and SMITH of Michigan Dreier Lazio Sensenbrenner Duncan Leach Sessions which rendered inoperative the paging system changed their vote from ‘‘nay’’ to Dunn Lewis (CA) Shadegg used to notify Members of votes, I was un- ‘‘yea.’’ Ehlers Lewis (KY) Shaw aware of the vote at approximately 12:30 p.m. So the previous question was ordered. Ehrlich Linder Shimkus today on the rule on the Supplemental Appro- Emerson Livingston Shuster The result of the vote was announced English LoBiondo Sisisky priations Act. Had I been present, I would as above recorded. Ensign Lucas Skeen have voted ``nay.'' May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2697 REMOVAL OF NAME OF MEMBER ited by the Treaty on the territory of States has informed all other States AS COSPONSOR OF H.R. 1111 other States Parties to the Treaty Parties to the Treaty that the United Mrs. MEEK of Florida. Mr. Speaker, I without the freely expressed consent of States (A) will continue to interpret ask unanimous consent to remove the the receiving State Party; (ii) the CFE the term ‘‘temporary deployment’’, as name of the gentleman from Kansas Flank Document does not alter or used in the Treaty, to mean a deploy- abridge the right of any State Party [Mr. MORAN] as a cosponsor of my bill, ment of severely limited duration under the Treaty to utilize fully its de- H.R. 1111. measured in days or weeks or, at most, clared maximum levels for conven- The SPEAKER pro tempore. Is there several months, but not years; (B) will tional armaments and equipment lim- objection to the request of the gentle- pursue measures designed to ensure ited by the Treaty notified pursuant to woman from Florida? that any State Party seeking to utilize Article VII of the Treaty; and (iii) the the temporary deployments provision There was no objection. CFE Flank Document does not alter in f of the Treaty will be required to fur- any way the requirement for the freely nish the Joint Consultative Group es- COMMUNICATION FROM THE expressed consent of all States Parties tablished by the Treaty with a state- CLERK OF THE HOUSE concerned in the exercise of any re- ment of the purpose and intended dura- allocations envisioned under Article tion of the deployment, together with a The SPEAKER pro tempore (Mr. COL- IV, paragraph 3 of the CFE Flank Doc- LINS) laid before the House the follow- description of the object of verification ument. and the location of origin and destina- ing communication from the Clerk of In connection with Condition (6), Ap- tion of the relevant conventional arma- the House of Representatives: plication and Effectiveness of Senate ments and equipment limited by the OFFICE OF THE CLERK, Advice and Consent, in the course of Treaty; and (C) will vigorously reject U.S. HOUSE OF REPRESENTATIVES, diplomatic negotiations to secure ac- Washington, DC, May 15, 1997. cession to, or ratification of, the CFE any effort by a State Party to use the Hon. NEWT GINGRICH, Flank Document by any other State right of temporary deployment under The Speaker, U.S. House of Representatives, Party, the United States will vigor- the Treaty (i) to justify military de- Washington, DC. ployments on a permanent basis; or (ii) DEAR MR. SPEAKER: Pursuant to the per- ously reject any effort by a State Party to (i) modify, amend, or alter a to justify military deployments with- mission granted in Clause 5 of Rule III of the out the full and complete agreement of Rules of the U.S. House of Representatives, I United States right or obligation under have the honor to transmit a sealed envelope the Treaty or the CFE Flank Docu- the State Party upon whose territory received from the White House on May 14, ment, unless such modification, the armed forces or military equip- 1997 at 9:55 p.m. and said to contain a mes- amendment, or alteration is solely an ment of another State Party are to be sage from the President whereby he submits extension of the period of provisional deployed. a report on the Document Agreed Among the application of the CFE Flank Docu- WILLIAM J. CLINTON. States Parties to the Treaty on Conven- ment or a change of a minor adminis- THE WHITE HOUSE, May 14, 1997. tional Armed Forces in Europe of November f 19, 1990 (‘‘the CFE Flank Document’’). trative or technical nature; (ii) secure With warm regards, the adoption of a new United States ob- REPORT ON NATIONAL SECURITY ROBIN H. CARLE, ligation under, or in relation to, the STRATEGY OF UNITED STATES— CFE Treaty or the CFE Flank Docu- Clerk, U.S. House of MESSAGE FROM THE PRESIDENT Representatives. ment, unless such obligation is solely OF THE UNITED STATES f of a minor administrative or technical nature; or (iii) secure the provision of The SPEAKER pro tempore laid be- REPORT ON TREATY ON CONVEN- assurances, or endorsement of a course fore the House the following message TIONAL ARMED FORCES IN EU- of action or a diplomatic position, in- from the President of the United ROPE—MESSAGE FROM THE consistent with the principles and poli- States; which was read and, together PRESIDENT OF THE UNITED cies established under conditions (1), with the accompanying papers, without STATES (H. DOC. NO. 105–83) (2), and (3) of the resolution of advice objection, referred to the Committee The SPEAKER pro tempore laid be- and consent to ratification of the CFE on National Security: fore the House the following message Flank Document. To the Congress of the United States: from the President of the United In connection with Condition (7), As required by section 603 of the States; which was read and, without Modifications of the CFE Flank Zone, Goldwater-Nichols Department of De- any subsequent agreement to modify, objection, referred to the Committee fense Reorganization Act of 1986, I am revise, amend or alter the boundaries on International Relations, and or- transmitting a report on the National of the CFE flank zone, as delineated by dered to be printed: Security Strategy of the United States. the map entitled ‘‘Revised CFE Flank WILLIAM J. CLINTON. To the Congress of the United States: Zone’’ submitted to the Senate on THE WHITE HOUSE, May 15, 1997. In accordance with the resolution of April 7, 1997, shall require the submis- advice and consent to ratification on sion of such agreement to the Senate f the Document Agreed Among the for its advice and consent to ratifica- GENERAL LEAVE States Parties to the Treaty on Con- tion, if such changes are not solely of a ventional Armed Forces in Europe of minor administrative or technical na- Mr. LIVINGSTON. Mr. Speaker, I ask November 19, 1990 (‘‘the CFE Flank ture. unanimous consent that all Members Document’’), adopted by the Senate of In connection with Condition (9), may have 5 legislative days within the United States on May 14, 1997, I Senate Prerogatives on which to revise and extend their re- hereby certify that: Multilateralization of the ABM Treaty, marks on H.R. 1469, and that I may in- In connection with Condition (2), I will submit to the Senate for advice clude tabular and extraneous material. Violations of State Sovereignty, the and consent to ratification any inter- The SPEAKER pro tempore. Is there United States and the governments of national agreement (i) that would add objection to the request of the gen- Belgium, Canada, Denmark, France, one or more countries as States Parties tleman from Louisiana? Germany, Greece, Iceland, Italy, Lux- to the ABM Treaty, or otherwise con- There was no objection embourg, the Netherlands, Norway, vert the ABM Treaty from a bilateral f Portugal, Spain, Turkey and the Unit- treaty to a multilateral treaty; or (ii) 1997 EMERGENCY SUPPLEMENTAL ed Kingdom have issued a joint state- that would change the geographic APPROPRIATIONS ACT FOR RE- ment affirming that (i) the CFE Flank scope or coverage of the ABM Treaty, COVERY FROM NATURAL DISAS- Document does not give any State or otherwise modify the meaning of the TERS, AND FOR OVERSEAS Party the right to station (under Arti- term ‘‘national territory’’ as used in cle IV, paragraph 5 of the Treaty) or Article VI and Article IX of the ABM PEACEKEEPING EFFORTS, IN- temporarily deploy (under Article V, Treaty. CLUDING THOSE IN BOSNIA paragraphs 1 (B) and (C) of the Treaty) In connection with Condition (11), The SPEAKER pro tempore. Pursu- conventional arms and equipment lim- Temporary Deployments, the United ant to House Resolution 149 and rule H2698 CONGRESSIONAL RECORD — HOUSE May 15, 1997 XXIII, the Chair declares the House in emergency appropriations bill. This is colleagues would recognize the true na- the Committee of the Whole House on the first bill the Committee on Appro- tional scope of this appropriations bill, the State of the Union for the consider- priations has presented to the 105th and that finding different or substitute ation of the bill, H.R. 1469. Congress, and I look forward to a very offsets of any major scope is nearly im- productive year as we move 13 appro- possible this late in the fiscal year b 1244 priations measures forward. which began on October 1, 1996. The bill, as reported, proposes $8.4 IN THE COMMITTEE OF THE WHOLE Mr. Chairman, my objective is to get billion in new spending authority, fully Accordingly the House resolved itself the disaster recovery money to the offset, and I stress offset, by the rescis- into the Committee of the Whole House people who need it and to restore our sion of previously appropriated funds on the State of the Union for the con- national security funding to keep our and by including other offsets. Again, I sideration of the bill (H.R. 1469) mak- troops safe and secure on the ground in say this bill is fully offset in budget au- ing emergency supplemental appropria- Bosnia. Flood victims in some 35 thority. tions for recovery from natural disas- States badly need the money in this ters, and for overseas peacekeeping ef- The supplemental bill before us pro- vides the following major items: For bill. In addition, our troops in Bosnia forts, including those in Bosnia, for the and those men and women who have fiscal year ending September 30, 1997, disaster recovery we provide $5.509 bil- lion; for miscellaneous appropriations served our country in various wars are and for other purposes, with Mr. COM- we provide $113 million; and then we looking to us to pass this bill quickly BEST in the chair. offset that spending with $5.622 billion as a sign of our support for them. The Clerk read the title of the bill. of rescissions. So Mr. Chairman, the bill reported by The CHAIRMAN. Pursuant to the In peacekeeping, in Bosnia and other the committee is an excellent disaster rule, the bill is considered as having areas, we repay the Pentagon for what supplemental appropriations bill. It is been read the first time. they have already spent, $2.039 billion, one which enjoys tremendous biparti- Under the rule, the gentleman from and we offset that with rescissions of san support, and there are now several Louisiana [Mr. LIVINGSTON] and the funds previously made to the Pentagon amendments that, if adopted, could gentleman from Wisconsin [Mr. OBEY] of $2.040 billion. cause this bill to be vetoed. We are each will control 30 minutes. Mandatory appropriations are in- going to speak to them at the appro- The Chair recognizes the gentleman cluded here as well in a third category, priate time, but I hope that the Mem- from Louisiana [Mr. LIVINGSTON]. mostly for the veterans’ pension bene- bers would understand that it is impor- (Mr. LIVINGSTON asked and was fits and other benefits for a total of tant that we get this bill on the Presi- given permission to revise and extend $757 million. dent’s desk and signed into law before his remarks.) At the beginning of the 104th Con- we adjourn for the Memorial Day re- Mr. LIVINGSTON. Mr. Chairman, I gress, Republicans began a policy of cess. yield myself such time as I might paying for supplementals by rescissions consume. of previously appropriated funds. I am So I hope that we will keep the bill very proud to say that, once again, the clean and noncontroversial and that we b 1245 bill reported by the committee com- will get it passed, conferenced with the Mr. Chairman, it is a pleasure to plies with this policy and is totally off- Senate and signed into law as quickly present to the House the fiscal year set in budget authority. We have had as possible, and I urge its adoption. 1997 emergency supplemental bill, H.R. to look far and wide for offsets to pay Mr. Chairman, at this point in the 1469, and I hope that the spirit of bipar- for this disaster recovery bill, as well RECORD I would like to insert a table tisanship that has embraced the budget as our international commitments in reflecting the programs and amounts negotiations will carry forward on this Bosnia, but I would hope that all of our in this bill, as reported. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2699 H2700 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2701 H2702 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2703 H2704 CONGRESSIONAL RECORD — HOUSE May 15, 1997 May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2705 H2706 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. LIVINGSTON. Mr. Chairman, I gentleman’s amendment to allow HUD Mr. LIVINGSTON. Mr. Chairman, I reserve the balance of my time. to make grants, not loans, to privately yield 3 minutes to the gentleman from Mr. OBEY. Mr. Chairman, I yield my- owned, for-profit utilities. I am actu- Virginia [Mr. WOLF], the distinguished self 4 minutes. ally unsure about what his intention is chairman of the Subcommittee on Mr. Chairman, let me simply say in that regard, and I would simply Transportation of the Committee on that I am in the happy position of make this point: It has been Govern- Appropriations. being able to say that at least as of ment policy that CDBG funds can be Mr. WOLF. Mr. Chairman, I thank this moment, unless we have amend- used to assist businesses damaged by the chairman of the Committee on Ap- ments adopted that change the situa- disasters, to the extent that such busi- propriations for yielding time to me, tion, I think we are at a point where we nesses are declined loans by the Small and I hope I can do it in 2 minutes. I can have bipartisan support for this Business Administration or because want to commend the gentleman. bill. I hope it remains that way. they need assistance above the SBA I do want to say I was very dis- I would like to simply raise one con- loan limits, and I am curious as to appointed, though, that the leadership cern I have about the Thune amend- whether or not it is the intent of the in the Committee on rules chose not to ment. I had hoped that Mr. THUNE gentleman in that amendment to protect from points of order a total of would be on the floor. I had asked him change that long-standing practice. $1.6 billion in rescissions of contract to be here. I do not see him at this mo- I hope that he can respond to those authority. These rescissions are nec- ment, but let me simply, because we questions between now and the time essary to ensure that the spending con- will not have time on the Thune that we deal with this in conference, tained in this bill is fully offset. With- amendment, let me raise some con- because everyone wants to see this out them, this emergency Supple- cerns about it now. amendment go forward, but we want to mental appropriations will add more As the Chair of the committee under- see it go forward in the right way. than $1.6 billion to the deficit, and I stands, on the Democratic side of the Mr. Chairman, I reserve the balance would have hoped, knowing that the aisle we were concerned about the com- of my time. gentleman has done such a good job mittee decision not to provide commu- Mr. LIVINGSTON. Mr. Chairman I and the committee did such a good job nity development block grant funding yield myself 11⁄2 minutes. of offsetting it, that that would have for the Dakota floods. We had urged Mr. Chairman, the Thune amendment been protected. I just thought it was a that they do so. The decision was made is an attempt to provide maximum given, because we have been committed by the majority party to withhold flexibility to the people who have suf- to making sure that all of this is offset. fered such devastation in the Dakotas judgment on whether or not there Second, and I have so much here, I and in Minnesota as a result of the ought to be any CDBG funding pro- would just submit it all for the flood. There was some concern that be- vided, and we respected that. Now I am RECORD, but I would say that I am con- cause the flooding was so extensive and happy to see that there will be an cerned that the senate has added much had been on the ground for such a long amendment offered, and I do not expect more money in to this for highway period of time, that certain businesses to object to it when it is offered today spending to donor States, far beyond and certain people who live in houses by the gentleman from South Dakota what the President or anybody else has in that flood zone either would not even suggested that should be in. We [Mr. THUNE]. come back or should not come back, I know that the gentleman from wanted a bill that was totally offset, and it has been hard to get a handle on and now they have added so much North Dakota [Mr. POMEROY] and the exactly what should be done and more. gentleman from Minnesota [Mr. PETER- whether or not the Federal Govern- Third, as the chairman of the Com- SON] and others are very concerned ment, within the confines and restric- mittee on Appropriations knows, and I that that amendment pass, but I must tions of current law affecting FEMA, would hope that we can resolve this say that there are some problems with has the flexibility to deal with those matter, they have also basically put that amendment that I believe are questions. earmarking back in. This House, on going to have to be fixed in conference. To his credit, the gentleman from both sides of the aisle, did away with First of all, as I understand it, the South Dakota [Mr. THUNE] is attempt- earmarking. Some people call them amendment attempts to fund $500 mil- ing I think to answer some of those pork projects, some people call them lion in CDBG money by reducing the questions. Others in this Chamber, highway demonstration projects, oth- $1.2 billion contained in the original both on the Republican and the Demo- ers call them whatever they want to. FEMA money to $700 million, which crat side, both the majority and minor- As an example, in the Senate bill, the leaves FEMA with a very tight budget. ity side, have had different ideas on State of Alabama would receive $21 I am concerned about the robbing how to provide that flexibility, and I million in additional highway aid funds Peter to pay Paul, the result that that think this is an ongoing process. It is in fiscal year 1997 and the State of Ala- might produce. I am also concerned an ongoing process, so that we can talk bama would be required to spend all of that that amendment would run the it out and by the time we get to con- that money on one specific project, the risk of limiting the Federal response ference, hopefully we will provide the Warrior Loop project. and delaying victims from receiving maximum amount of flexibility that The House is well aware that we have much-needed assistance through the really does help the people that need gotten rid of these things, so therefore regular FEMA account. help, but without simply throwing the the other body has put in more money, In the Senate, the $500 million was money at the problem and wasting tax- well beyond what the President want- added without reducing FEMA’s disas- payers’ dollars. ed, and at the very time both bodies ter fund account, and I had hoped that Mr. OBEY. Mr. Speaker, I yield my- are meeting, the budget committees we would be able to simply adopt that self 30 seconds. are meeting, everyone is taking credit approach. I think it would be useful if Mr. Chairman, I would simply say for reaching a balanced budget in the we could do that in conference. that I understand the gentleman’s year 2002, yet we put more money into I would also note that I am con- comments and agree with them. We do this than the President asked or any- cerned because the gentleman’s amend- want to provide whatever amount is body else asked for. So I hope as we get ment apparently seeks to make perma- necessary through the CDBG process to to conference both of these issues will nent changes in law which would force enable them to meet their problems. be resolved. the Secretary of HUD to waive the re- We do also, because of our responsibil- Lastly, this is not the place to re- quirement that HUD’s disaster assist- ity to the taxpayers and to other po- write ISTEA. The place to rewrite ance benefit only low- and moderate- tential recipients from FEMA, want to ISTEA is in the Committee on Trans- income persons. make certain that in the process we do portation and Infrastructure this year. I am also concerned about why it is not hurt FEMA’s ability to deliver aid. I again want to thank the chairman necessary to force the Secretary to We also want to make certain that we of the Committee on Appropriations waive the requirement to hold local do not unnecessarily make permanent for his outstanding job, and just hope public hearings. I am also concerned changes in law that might come back that we can make sure this money is that it appears to be the intent of the to haunt us. offset when we go back to committee. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2707 I thank the chairman of the Appropriations had contributed to the highway trust-fundÐ The House is well aware of our posi- Committee for yielding me a few minutes so that in the last year of the 6 years of ISTEA tion on the earmarking of highway that I might discuss a few of the items in the authorization, which is this year, there would demonstration projects. As a result of Transportation Subcommittee's jurisdiction. be inserted a 90-percent floor. That is, no not earmarking highway demonstra- First, the chairman of the full committee State would get back less than 90 percent of tion projects, the Appropriations Sub- needs to be congratulated for the yeoman's what it contributed to the highway fund. The committee on Transportation has been work that he has done in crafting this billÐan 90-percent standard has been the holy grail of able to increase the Federal-aid high- $8.4 billion emergency supplemental bill that is those States that have gotten less back than way program by almost $1 billion. fully offset. That was no easy task. He has they have contributed to the fund. In doing so, we have allowed the been forced to make some difficult decisions This program, the 90 percent of payments States and people at the local level to and has done a commendable job under program, was part of the common understand- determine the appropriate use of these equally difficult circumstances. ing of the Congress and the States when funds—not people here in Washington I am disappointed, however, that the leader- President Bush signed the bill in 1991. It was in their ivory towers. ship and the Rules Committee chose not to the understanding of the donee States. It is These issues are surely to be conten- protect from points of order a total of $1.6 bil- now the law of the land. tious in conference and I felt compelled lion in rescissions of contract authority. These Well, now the donee States want moreÐ to inform my colleagues at this stage rescissions are necessary to ensure that the more than what they have received in excess of the process. spending contained in this bill is fully offset. of their contributions over the last 6 years, I am afraid that a protracted debate Without them, this emergency supplemental more than what they would get under current on Federal-aid highway formulas and appropriations bill will add more than $1.6 bil- law, more that what they are entitled to under the underlying donor/donee State prob- lion to the deficit. ISTEA. The donee States would get a half a lem as well as the earmarking highway This action is disturbing and painful. billion dollars more from the other body. This demonstration projects will delay the In the area of transportation, the emergency is not fair to the donor States. necessary funding to respond to the supplemental bill includes $650 million in While the majority of the other body is rep- devastating floods that occurred this emergency highway program funds, $40 mil- resented by donee, States, the overwhelming spring. lion for the FAA to procure additional explo- majority of this House is elected from donor I thank the chairman for yielding me sive detection equipment, $22 million for the States. the time. National Transportation Safety Board, and $10 Mr. Chairman, this urgent supplemental ap- Mr. OBEY. Mr. Chairman, I yield 2 million for emergency railroad rehabilitation. propriations bill is not the placeÐnor is it the minutes to the distinguished gen- These funds are needed desperately to re- timeÐto debate the donor/donee States issue. tleman from Minnesota [Mr. PETER- spond to the devastating floods that occurred The reauthorization of ISTEA is the proper SON]. throughout our country this spring and to en- and appropriate legislation to debate this divi- (Mr. PETERSON of Minnesota asked sure safety in our skies. sive issue. and was given permission to revise and The bill also includes $318 million in addi- In addition to this item, the other body has extend his remarks.) tional fiscal year 1997 obligation authority for taken the unprecedented step of earmarking b 1300 the Federal-aid highway program. These funds seven highway demonstration projects from were requested by the President and are in- the funds provided to the States under the Mr. PETERSON of Minnesota. Mr. tended to compensate those States that were regular Federal-aid highway program. Chairman, I rise in support of H.R. 1469, given an expectation of what they would re- Rather than provide additional high- the Emergency Supplemental Appro- ceiveÐa false expectation, based on an arith- way funds to the States without priations Act, because it contains very metic error by the Treasury DepartmentÐ strings attached or to earmark funds in important money for our region for the which they then calculated into their State excess of the regular Federal-aid high- disaster that we just went through, a highway fund. way program for specific projects, as disaster like we have never seen in 500 The committee has been responsible and has been the norm, the other body di- years in Minnesota. diligent in responding to the needs of the peo- rects certain States to spend a por- In East Grand Forks, pictured here, ple in the flooded areas while being mindful of tion—and in some cases all—of their in Breckenridge, in Ada, in Warren, the desire of the American people to balance Federal-aid highway fund on specific and all the rural communities along the budget and to offset this additional spend- highway demonstration projects. the Red River, we were under water. ing. As an example, in the Senate bill, the Nobody can remember anything like I am concerned, however, that the other State of Alabama would receive $21 this. We had snowstorms, ice storms, body has gone much further than is necessary million in additional Federal-aid high- and then, last, the flood of 1997. or warranted. I want to alert my colleagues to way funds in fiscal year 1997. The State There is the city of East Grand the other body's actions on its version of the of Alabama would be required to spend Forks, a town of 9,000 people, that got supplemental billÐparticularly with respect to all of that money on one specific hit probably the hardest of any com- two troubling issues. These issues have the project, the Warrior Loop project. munity in this flood. Everyone, the en- potential to delay unnecessarily the emer- Now, under the provisions of the Sen- tire town was under water. It had to be gency funding contained in this bill. ate’s bill, the State of Alabama either evacuated because the water kept ris- The other body has provided a total of $933 uses its Federal-aid highway funds on ing. In the end it just could not be million in additional fiscal year 1997 obligation this one particular project by the end stopped. Every street, every home, authority for the Federal-aid highway program. of September, or it loses all of it. every business went under water, and Of this amount, $457 million was added to ad- The State is afforded no elasticity as the water did not go down for 2 weeks. dress the Treasury error that I alluded to ear- they have under current law. In true Minnesota style, the people of lier in my remarks. The process advocated by the other Crookston, Thief River Falls, Red Lake Moreover, the other body has provided al- body will significantly change the Falls, Bemidji, and many other com- most a half a billion dollars more in additional manner in which the Federal Highway munities opened their doors and pro- fiscal year 1997 Federal-aid highway spend- Administration manages the Federal- vided shelter and people to help us get ing. This spending was not requested by the aid highway program. It will also im- through, and to help the people driven President and is not necessary as an emer- pact each of the States’ ability to fund out by the floods. gency requirement. the projects of greatest need. And it Now, although the water has receded, This funding has nothing to do with the eliminates the flexibility afforded the the damage and desolation that is ev- arithmetic error. It has to do with providing a States and local units of government erywhere is reminiscent of a nuclear hold-harmless provision to donee States to ad- under current law to determine what blast. There are no children playing, dress what the donee States now see as a project or program is best for them. and life is now just returning to nor- problem in the highway authorization act of This process undermines the plan- mal. There is garbage and debris every 1991. ning process established by ISTEA and place you look. People’s entire lives That act, ISTEA, contained a provision for forces the States to give a higher prior- are sitting on the berms waiting to be donor StatesÐthose States that had tradition- ity on these projects than on other po- scooped up by payloaders. East Grand ally received back substantially less than they tentially more worthy projects. Forks has lost four of their six schools, H2708 CONGRESSIONAL RECORD — HOUSE May 15, 1997 their city hall, their library, and neigh- Last week, the New York Times ran a the Thune amendment are not exclu- borhood after neighborhood. Thirty- lengthy article about workers who have been sively for the area, and other areas five to forty percent of this community dislocated by NAFTA. The dateline on the that have had disasters may also ac- is going to have to be rebuilt and story was El Paso, TX, which I represent. cess these funds to augment the exist- moved to another part of the area so Mr. Chairman, during the first 21¤2 years of ing structure of disaster relief pro- we do not do this again. NAFTA, Texas had almost 8,000 certified job grams. Mr. Chairman, in all of the flood-rav- losses as a result of NAFTA. What we have seen with the Thune aged communities in the Red River More than half of those dislocated workers amendment is a bipartisan response to Valley, the challenge now is to rebuild. were in El Paso. a truly national disaster. President On behalf of all of the Minnesotans in Under current law, after these workers ex- Clinton, Speaker GINGRICH, the major- the Seventh District, I want to thank haust their unemployment compensation, they ity leader, the gentleman from Texas, the President, the Vice President, the are entitled to cash benefits for 52 weeks Mr. ARMEY, all have visited the area. Speaker, the majority leader and other while they are retraining. The gentleman from South Dakota Members who came out to look at the Many of these workers have exhausted [Mr. THUNE] and the gentleman from damage for themselves, and thank those cash benefits and they are still jobless. Minnesota [Mr. PETERSON] have worked them for all the help they have given My amendment would have appropriated an at great length putting this together. us to get to this point. additional $10 million for these workers and Please support the Thune amendment The work of FEMA and the director, extend their eligibility for benefits an additional and the bill. James Lee Witt, have been outstand- 6 months. Mr. LIVINGSTON. Mr. Chairman, I ing. I want to thank each and every My amendment would also have appro- yield 2 minutes to the gentlewoman one of the agency personnel who have priated an additional $1.6 million for the re- from Kentucky [Mrs. NORTHUP], a new been out in the Seventh District help- training programs, which would bring the ap- and valued member of the Committee ing our people and communities get propriation up to $30 million, the maximum on Appropriations. back on their feet. amount authorized. Mrs. NORTHUP. Mr. Chairman, I rise I also want to thank the National Today we're considering a supplemental ap- in support of H.R. 1469, the Disaster Re- Guard, Army Corps of Engineers, and propriations bill primarily for disaster relief. covery Act of 1997, which will get the mayors. I thank them and I encour- As far as I'm concerned, these dislocated money needed as a result of the floods age everyone to support this bill. workers need disaster relief, too. Unfortu- to Kentucky residents. I am sorry for Mr. LIVINGSTON. Mr. Chairman, I nately, under this rule, we're not going to be so many of the people that suffered in am pleased to yield 2 minutes to the able to help them. my community because of this extraor- very distinguished gentleman from Mr. Chairman, we have an obligation to dinary flood that occurred this spring. Florida [Mr. YOUNG], chairman of the these workers and I will be on this floor every We had 12 inches of rain in 1 day. We Subcommittee on National Security of chance I get to speak on their behalf. had flash flooding, and then a major the Committee on Appropriations. Mr. OBEY. Mr. Chairman, I yield 2 Mr. YOUNG of Florida. Mr. Chair- flood when the river overflowed as it minutes to the distinguished gen- man, I rise in support of the bill. I drained off and the river flooded. tleman from North Dakota [Mr. would like to urge our colleagues to do This flood was the worst since 1964. POMEROY]. everything possible to expedite this There is no amount of personal insur- Mr. POMEROY. Mr. Chairman, I bill. The money for the Department of ance, of personal precautions, that thank the gentleman for yielding time Defense that we provide in this bill is would prepare a person or a community to me. offset from the Department of Defense for this size flood. It is in this bill Mr. Chairman, I thank very, very sin- budget. There is no new money here. It where we reach out to those people who cerely the Committee on Appropria- is basically a transfer within the de- were struck so badly. tions chairman and the ranking mem- partment’s funding. But if we cannot My constituents have said this is ber of the Committee on Appropria- get this done expeditiously, the oper- when Government should become in- tions for their assistance in working up ation and maintenance accounts, the volved in citizens’ lives, when Govern- an appropriate disaster relief proposal, training accounts for all of the serv- ment is truly the last resort for assist- ices, are going to be severely affected. formed as the Thune amendment. ance. It is a bill which will help many I just urge our colleagues, however Mr. Chairman, what we have in North States and citizens, and it was devel- they intend to vote on the bill, help us Dakota is an absolute disaster, the di- oped in a teamwork approach. That is expedite the consideration of this bill mensions of which we have never expe- why I urge my colleagues to vote for so we do not have to stand down any rienced before. Grand Forks, ND, sec- this bill. flight training or stand down any ond largest town in the State, A town I hope the President will listen to the training on the part of any of the serv- of 50,000, was under water, and the con- needs of my constituents from Ken- ices, or affect any of the operations and sequences of it are absolutely devastat- tucky, Arkansas, and throughout the maintenance, because that is what will ing for the businesses and the home- Nation, and please, sign this bill. happen if we do not get this funding owners that reside there. Mr. OBEY. Mr. Chairman, I yield 2 resolution, this supplemental appro- What we are finding as we begin minutes to the distinguished gentle- priations bills, through here quickly. tackling the rebuilding component of woman from California [Ms. PELOSI]. Mr. OBEY. Mr. Chairman, I yield 30 this is the additional needs that are Ms. PELOSI. Mr. Chairman, I thank seconds to the gentleman from Texas simply not met with the existing pro- the gentleman for yielding time to me. [Mr. REYES]. grams. For example, we literally have Mr. Chairman, I commend the distin- (Mr. REYES asked and was given per- hundreds of homes in the floodway, a guished chairman of the Committee on mission to revise and extend his re- floodway that is proposed to be razed, Appropriations and our ranking mem- marks.) and a permanent dike established so we ber for their hard work to bring this Mr. REYES. Mr. Chairman, I wanted do not have this problem ever again. legislation to the floor. When natural to offer an amendment today, but it These individuals need to know right disaster strikes, the people of our coun- was ruled not germane to the bill. The now whether or not funds will be avail- try have a right to have a response amendment would have provided for able on a home buyout proposal so they from us, and a response that is quick displaced workers affected by NAFTA, might have the means to build on high- and appropriate. That is why I hope which I believe qualify for disaster re- er ground while the city’s enhanced that we can do that with this legisla- lief. I appreciate the opportunity to flood protection program moves for- tion, and why it is hard to understand enter my remarks, written remarks, ward. why anyone would want to throw up an into the RECORD. The Thune amendment allows this to obstacle to the very quickest response Mr. Chairman, I wanted to offer an amend- happen by transferring funds from to the needs of the American people. ment today but I've been told that, under the FEMA into the Community Develop- That obstacle is in the form, in this rule, my amendment is not germane so I'm ment Block Grant, to be more flexibly legislation, of having in order the not going to offer it but I would like to tell my applied to the unique needs that this Gekas amendment. President Clinton colleagues about it. situation presents. The CDBG funds in has rightfully said that if the Gekas May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2709 amendment is included in this bill, There has been some controversy sur- with the many people who received that he would veto the bill. So I urge rounding our request for these addi- them. my colleagues, when it comes time to tional funds, there is no question. How- But now, because of the sensitivity of vote on the Gekas amendment, to vote ever, if we cannot continue to serve this Congress and because of this sup- against it. these people who need our help, who plemental bill, we will hopefully, with Who wins under the Gekas amend- are experiencing temporary difficulty our amendment, be allowed to help ment? I think just the House Repub- with maintaining a healthful diet at these people. This cutoff was required licans, because this month’s balanced their most critical time of growth and by the welfare law that was enacted budget agreement includes several new development, if we cannot do this, we last year. investments in education and other are essentially cutting the program. SSI checks, as we know, they go to priorities for American families, but WIC is a well-managed program that needy people, they go to aged and frail Republicans are hoping they can ignore would put these additional dollars, I people and disabled people. They are those bipartisan commitments by ram- believe and others believe, to efficient the most vulnerable people in our soci- ming through this amendment, which use. In fact, it includes the most suc- ety. These people, most of them are would allow them to impose automatic cessful cost-containment system of any over 64 years of age, blind or disabled, $25 billion cuts in education and other Federal health-related program. We all and certainly this Congress does not priorities. know, and it has been justified, it has want to see their SSI cut off. We want to thank this Congress, Mr. Chairman, If the Gekas amendment passes been talked about, that for every dollar for this wonderful act. today, here is what could happen: 86,000 WIC spends on prenatal care, we save fewer children would be enrolled in $3.50 spent on Medicaid. b 1315 Head Start, 360,000 fewer students WIC is one Federal program that I Mr. OBEY. Mr. Chairman, I yield my- would receive Pell grants for college or believe and others do that is truly de- self 1 minute and 30 seconds. job training, 31,000 fewer students serving, and it delivers what it prom- I would simply like to congratulate would get college work study jobs. If ises to the American taxpayer. Medical the gentlewoman from Florida. The you are a veteran you should be con- evidence shows that the WIC Program history of this provision is that when cerned, because 60,000 veterans could be reduces low birthweight, infant mortal- we first marked up the supplemental in denied medical care, 66,000 people ity, and child anemia. This amendment the Committee on Appropriations, the would lose job training and job place- is proof that we can do what we want gentlewoman from Florida tried to ment. when we work from both sides of the offer an amendment which would have The list goes on and on. If you are aisle. provided for a long-term extension of concerned about the environment, the Mr. OBEY. Mr. Chairman, I yield 2 the restoration of the benefits that this cleanup of 900 toxic waste sites could minutes to the gentlewoman from amendment covers. She understood be delayed, 500,000 fewer at-risk preg- Florida [Mrs. MEEK]. fully that it was not the jurisdiction of nant women and children would get Mrs. MEEK of Florida. Mr. Chair- the Committee on Appropriations, and milk, cereal, and other foods. We will man, I thank the ranking member of she understood why the gentleman be debating that under the WIC provi- the Committee on Appropriations for from Louisiana and I had to oppose sion that our colleague, the gentle- yielding me the time, and also the that amendment. woman from Ohio [Ms. KAPTUR], is pro- chairman, the gentleman from Louisi- But she then offered this amendment posing. It is hard to understand how ana [Mr. LIVINGSTON]. in committee which would provide in the Republican majority rejected the Mr. Chairman, I stand to lend my essence for a 1-month bridge so that we WIC funding. It is hard to understand support to the bill as reported by the would not have people lose their bene- why they would allow the Gekas committee, and I want to thank them fits in August, be out of benefits for a amendment to stand in the way of the for their skill and sensitivity in bring- month, only to then have them resume quickest possible aid to people suffer- ing this before the floor. if the budget agreement passes which ing from disaster in America. On behalf of myself and my col- restores these benefits. So she agreed Mr. LIVINGSTON. Mr. Chairman, I leagues, the gentleman from Florida, to withhold offering that amendment yield 2 minutes to the gentleman from Mr. DIAZ-BALART, the gentlewoman in committee, so long as her right to New York [Mr. QUINN]. offer this amendment was protected on Mr. QUINN. Mr. Chairman, I thank from Florida, Ms. ILEANA ROS- LEHTINEN, the gentleman from Florida, the floor, as in fact now has occurred. the gentleman for yielding time to me. I simply want to say that this is the Mr. CLAY SHAW, and the gentleman Mr. Chairman, I rise to speak in sup- responsible way to approach this prob- from Rhode Island, Mr. PATRICK KEN- port of the amendment today. Our lem. It would be ludicrous for these NEDY, our amendment, which has been amendment adds $38 million to the sup- people to be bounced off the rolls for allowed as a part of this particular ex- plemental food program for nutrition- one month and then go back on. I ap- ercise here this morning, it takes ally at-risk pregnant women, infants, preciate her commitment on the issue. through the fiscal year the cutoff of and children under the age of 5. We pro- That is why this matter is before us pose to take unused dollars from a SSI income and Medicaid checks to today. NASA wind tunnel project to offset the legal immigrants, including refugees Mr. LIVINGSTON. Mr. Chairman, I cost of the additional dollars. and asylees. This delay will give Con- yield myself 1 minute and 15 seconds. Mr. Chairman, we appreciate the in- gress a chance, Mr. Chairman, to agree Mr. Chairman, I just want to say that terest from Members on both sides of on a permanent solution to help and I agree with everything that the gen- the aisle. If we do not include these assist these vulnerable people. tleman from Wisconsin has just said funds, 180,000 women, infants, and chil- Our amendment provides an offset- but would add that this amendment be- dren will be removed from the pro- ting rescission in budget authority came necessary because of a shortfall gram. Because of an increased need, that will allow us to do this, so that created in the welfare reform program. food price inflation, along with an un- when Congress takes its recess, these I want to say that I totally agree derestimated caseload for fiscal year very worthy legal immigrants will con- with, concur with and support the wel- 1997, a serious reduction of women, in- tinue to receive their benefits. Our fare reform activities that this Con- fants, and children served through the amendment, which they have been so gress entered into in the 104th Con- WIC Program this year is inescapable. helpful in letting us offer this morning, gress. But when we reduced welfare, in The WIC participation for 1996 fiscal is identical to the one that has already effect we created savings in the entitle- year exceeded the initial projection by been passed by the Senate on May 7. ment side of the equation or the man- 100,000 women, infants, and children. We all know that the Social Security datory portion of the budget, and now Innocent children are facing unique Administration has sent out over we are making up for the differential and challenging circumstances at this 800,000 letters to people letting them out of the discretionary portion of the time. We should be there to help them. know they may or may not have a cut- budget. For instance, the flooding in North Da- off of their benefits. We know they For the average person throughout kota has caused 3,000 additional case- have let them know, and this has America, they do not know the dif- loads with the WIC Program. caused quite a bit of consternation ference between mandatory spending H2710 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and discretionary spending, and they States need some time to disseminate many of my colleagues have done, I, do not care and they need not care. It information about the new program. too, have been an appropriations per- does not matter to them. But for us Even more troubling to us was the son in another life. I realize there is a who have to work with the numbers fact that USDA policies on rental rates temptation for Members on day in and day out, we know that we discouraged enrollments in the East supplementals to want to do other are making great gains in the discre- and the West coastal regions while things. But I want to remind my col- tionary portion of the budget pie, sav- USDA administrative policies also dis- leagues that the intended target of this ing the American taxpayers money, couraged Western rangeland from par- funding would be the people affected by and we are not making significant or ticipating in the program. the flooding which has devastated we made less gains on the entitlement We also wanted to ensure that ade- parts of North Dakota, South Dakota, side. quate CRP acreage was provided for Minnesota, and California. Hopefully with this budget agree- the continuous enrollment of buffer We need to help our neighbors in ment we will make significantly more strips which are perhaps the most ef- their time of need, and it is the right gains. But it just seems unfortunate fective way of controlling farm runoff. thing to do. Nearly 4 years ago my that we have to make up for the short- A final point is that tight Federal State of Iowa suffered from the great fall on the discretionary side of the dollars must buy maximum conserva- flood of 1993, a 500-year flood. I remem- budget that was created on the entitle- tion benefits. Our appropriations bill ber the assistance the Federal Govern- ment side of the budget recognizing language was fiscally responsible in ment provided us in our communities that what I just said is inside-the-Belt- that it saved, in fiscal year 1998, $31 in our time of great need. There may way jargon. million, and in 1999, $177 million. These be provisions in this massive funding Mr. Chairman, I yield 3 minutes to moneys could have been available to bill that we may find objectionable; the gentleman from New York [Mr. spend on other critical agricultural that will always be the case. But please WALSH], the very distinguished chair- programs that we will not otherwise be do not derail this because of wanting to man of the Subcommittee on Legisla- able to fund at sufficient levels in the attach to a supplemental something tive. He did an outstanding job pre- upcoming bills. that would actually delay the needed viously on the Subcommittee on the I thank the chairman for yielding me relief. District of Columbia. the time on this important issue to ex- I ask my colleagues to join me in ex- Mr. WALSH. Mr. Chairman, I would press the intent of the CRP bill lan- tending a neighborly helping hand to like to thank the chairman of the Com- guage. I look forward to continued the affected States and provide them mittee on Appropriations, the gen- work with the committee and with with the help they need to improve tleman from Louisiana [Mr. LIVING- USDA to ensure that regional inequi- their situation. Anyone who has been STON], for the terrific job that he is ties in the administration’s CRP pro- through a devastational flood can at- doing under very difficult conditions. gram are addressed. test it takes time, money, and a lot of Mr. Chairman, I rise to discuss the Mr. OBEY. Mr. Chairman, I yield my- sweat and hard work to get back to intent of the provision included in this self 1 minute. some semblance of normalcy. Let us Mr. Chairman, let me simply say bill by the Committee on Appropria- provide one part of that equation by that I appreciate the gentleman’s con- tions that would place a 14-million acre adopting this emergency funding bill. cern for his region. It is perfectly ap- limitation on the number of acres that It only makes sense. propriate. could be enrolled in the Conservation Hopefully, no amendments will be I would simply say that I think there Reserve Program in 1997. adopted that will cause a veto or delay are many in Congress who have a dif- First of all, I want to make it clear this much needed assistance. We owe it ferent view of the provision in the bill that I am a strong supporter of the to our neighbors. Let us pass this and at this point with respect to the CRP. CRP program, and I support efforts to get this help to them right away. It seems to me that on an emergency ensure a full 36-million acre enroll- Mr. LIVINGSTON. Mr. Chairman, I supplemental, we should not be making ment. However, my purpose in placing yield 2 minutes to the great gentleman this kind of change in basic law. It in- this limitation language in the bill was from the Great State of Washington sures to the detriment of a good many to ensure that only the most environ- [Mr. NETHERCUTT], a great member of farmers in the upper Midwest. I trust mentally sensitive land is enrolled in the Committee on Appropriations. the CRP. USDA maintains that they that at the time it will be properly Mr. NETHERCUTT. Mr. Chairman, I plan on enrolling acreage that provides stricken on a point of order. thank the gentleman from Louisiana Mr. WALSH. Mr. Chairman, will the the greatest environmental benefit for [Mr. LIVINGSTON], the great chairman gentleman yield? the dollar spent. Our language merely Mr. OBEY. I yield to the gentleman of the Committee on Appropriations, was giving USDA breathing room to do from New York. for his great introduction. the job right in accordance with the Mr. WALSH. Mr. Chairman, the gen- Mr. Speaker, I am here pleased to 1995 farm bill. tleman is correct. We are concerned in support the work of the chairman of Currently, over 75 percent of the the Northeast, the Southeast, the the Committee on Appropriations and acres enrolled in the CRP is con- Southwest and the far West that all of working with the ranking minority centrated in nine States. Much of this the acres will be enrolled within this member, the gentleman from Wiscon- acreage was enrolled back in the mid- year in one section of the country. This sin [Mr. OBEY], to bring to the Con- 1980’s, when the CRP program was a was meant to be a national program. gress, to the House, a wonderful effort price support program. Our bill lan- Mr. OBEY. Mr. Chairman, I would to meet the needs of the flood victims guage was meant to ensure that the say that this is a national program. it of last year. It is absolutely critical USDA did not re-enroll some of these should be allowed to proceed the way that we pass this bill today, and I to- highly productive lands when world the department and farmers expected it tally support it. stocks of grain are exceedingly low. to. If other regions of the country are I also appreciate the comments of the Idling productive acres is not what behind, I suspect over time that will be gentleman from New York [Mr. Congress intended when it passed the a self-correcting phenomenon. WALSH], my colleague who was here a farm bill last year. Taxpayer money Mr. Chairman, I yield 1 minute and 15 moment ago, speaking with regard to should not be used to re-enroll produc- seconds to the gentleman from Iowa CRP. I want my colleagues to under- tive lands in the CRP program. [Mr. BOSWELL]. stand that, as a member of the Sub- One of the problems with this new (Mr. BOSWELL asked and was given committee on Agriculture, Rural De- sign up is that this year’s bidding oc- permission to revise and extend his re- velopment, Food and Drug Administra- curred only 3 weeks after the new rules marks.) tion, and Related Agencies of the Com- were finalized by USDA. This did not Mr. BOSWELL. Mr. Chairman, I mittee on Appropriations, we really re- leave sufficient time for outreach to thank the gentleman for yielding me sisted the amendment of the gentleman farmers who had not previously par- the time. from New York [Mr. WALSH] to cap ticipated in the program. It is only rea- I rise in support of this emergency CRP, Conservation Reserve Program, sonable to assume that most of the supplemental appropriations bill. As acres at 14 million acres. We want it to May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2711 be the 19 million acres that are in- ravaged areas along the Minnesota River, and and I urge my colleagues to support Rep- tended to be enrolled in 1997. I have seen that, in the true Minnesota spirit, resentative THUNE's amendment that provides This is supported by the chairman of folks are moving on with their lives with their the inclusion of Community Development the Committee on Agriculture. It is heads held high. The passage of this bill today Block Grants [CDBG's]. This is the best way supported by people who care deeply is a long-awaited, important step toward re- for the Federal Government to quickly and effi- about agriculture across this country, covery. ciently aid flood victims and restore our dev- not the least of whom are in my own This disaster experience has summoned an astated communities to economic vitality. district, the Fifth District of the State unprecedented level of commitment from all Unfortunately, this bill came before the of Washington. CRP is a great pro- levels of government starting at the local level. House with several extraneous provisions and gram. We should not fool with it in an Mayor Jim Curtis and City Manager Jim Nor- its consideration was delayed because of sev- appropriations bill, especially an emer- man of my hometown of Montevideo, as well eral superfluous additions. I was disappointed gency supplemental appropriations as Granite Falls' Mayor Dave Smiglewski and that the bill was not brought to the floor as a bill. City Manager Bill Lavin; Dawson's Mayor Al clean, emergency appropriations bill. The ex- I happened to be pleased to join with Schacherer and City Manager David Bovee; traneous provisions took the focus away from the chairman of the Committee on Ag- Redwood Falls Mayor Sara Triplett and City providing aid to the victims of the flood. riculture today in raising a point of Manager Jeff Weldon; New Ulm's Mayor Bert I am pleased, however, that the Speaker al- order to have the cap lifted and the Schapekahm and City Manager Richard lowed my colleague, Representative RAY language that the gentleman from New Salvati; St. Peter's Mayor Jerry Hawbacker LAHOOD and I to bring forward an amendment York [Mr. WALSH] was able to insert in and Daniel Jordet; Morton's Mayor David to strike one of the extraneous provisions. The the subcommittee and full committee Mude and City Clerk Shirley Dove; Appleton's bill called for a cap on enrollment of the Con- and have that language removed from Mayor Hugo ``Bob'' Roggatz and Coordinator servation Reserve Program [C.R.P.]. The the bill, because it is bad policy on an Robert Thompson; Ortonville's Mayor David C.R.P. has enabled Minnesota to protect envi- emergency supplemental. It is also bad Ellingson and Clerk Administrator John Jen- ronmentally-sensitive land and has revitalized policy for agriculture. kins; and Beardsley's Mayor Glenn Burgess; the wildlife habitat in our region. Our amend- The Conservation Reserve Program Boyd's Mayor Gary Steinke and Clerk Karen ment would maintain C.R.P. enrollment at the helps habitat, it helps the environ- Schmitt; Clara City Mayor Todd Prekker; current level and allow farmers and land- ment, it helps agriculture, it does all of Maynard's Mayor Richard Groothuis; and owners to continue to take advantage of this those things for the good of the Nation. Odessa's Mayor Donald Teske, along with nu- popular, efficient, conservation program. The program has been fairly distrib- merous county commissioners and emergency I urge my colleagues to recognize the ur- uted. I am happy to work with the gen- management officials, are just a few of the gency of our situation in Minnesota and allow tleman from New York [Mr. WALSH] many community leaders who showed remark- the House to come to the aid of the flood vic- and anybody else to get the Depart- able courage and perseverance when their tims in the Midwest immediately. The passage ment of Agriculture to enroll acres communities were under crisis. of this bill will enable local governments to that are properly to be enrolled, highly The Federal Government worked together continue to help the people in their flood-rav- erodible acreage. with these officials as well. When our region aged communities put their lives back to- So I will offer this point of order with was devastated with drastic winter storms, gether. the gentleman from Oregon [Mr. Federal employees from the Federal Emer- Mr. LIVINGSTON. Mr. Chairman, I SMITH] today, and I urge the support of gency Management Agency [FEMA] were on reserve the balance of my time. my colleagues. hand to assess the damage of our public Mr. OBEY. Mr. Chairman, I yield my- Mr. OBEY. Mr. Chairman, I yield 11⁄2 roads, buildings, and utilities. Other employees self 30 seconds. I am in a similar posi- minutes to the gentleman from Min- worked efficiently to open roads after unprece- tion as the gentleman from Louisiana nesota [Mr. MINGE]. dented winter snowfall. During the flooding of [Mr. LIVINGSTON]. I had seven Members (Mr. MINGE asked and was given per- the Minnesota and Red Rivers, FEMA employ- who desperately wanted to speak, none mission to revise and extend his re- ees were immediately disseminating informa- of whom are now here. marks.) tion and helping flood victims get back on their Mr. Chairman, I yield 2 minutes to Mr. MINGE. Mr. Chairman, I rise to feet. I even heard from several of our local the distinguished gentleman from Ari- support the bill that is under consider- county officials that FEMA responded so zona [Mr. PASTOR]. ation and the Thune amendment. The quickly, local officials had to speed up their (Mr. PASTOR asked and was given area of Minnesota which I represent is assessment of the damage so that the Federal permission to revise and extend his re- one of the hardest hit by this spring’s employees could proceed with their response. marks.) flooding. The work, the spirit of the These are but a few examples of good gov- Mr. PASTOR. Mr. Chairman, first of local officials, the residents, the volun- ernment and cooperation we have witnessed all, I would like to congratulate the teers, State and local officers, and oth- throughout this disaster. City mayors to local chairman and the ranking member for ers have prevailed in our area’s recov- emergency teams, to county and State rep- bringing this bill to the House so we ery. This is a tribute to all of this hard resentatives, to Federal officials have dem- can help and assist the flood victims work. onstrated that government can be effective. and also provide more financial aid to I also wish to signal my support for I am pleased that the Speaker recognized the troops in Bosnia. the Smith point of order that would the extent of the damage in our area and There are two issues that I would strike the limitation on the Conserva- vowed his assistance. According to Minnesota like the House Members support. One tion Reserve Program. This is an im- Gov. Arne Carlson's office, the Speaker has issue deals with WIC. As you know, it portant program for our country. It promised Minnesota Federal reimbursement should be the objective of this House to ought to be allowed to move ahead as aid at 90 percent when that level is accorded fully fund WIC. In my former political the U.S. Department of Agriculture is to the States of North Dakota and South Da- life as a county board supervisor and implementing it. kota. This would allow the Federal Govern- being in charge of an indigent hospital, I rise today to commend the community ment to cover 90 percent of the costs while we would see that women who came in leaders, volunteers, and public servants of the State and local governments would be re- and were enrolled in the WIC Program flood ravaged communities along the Min- sponsible for 10 percent. Minnesota's counties delivered children that were healthy nesota River. The flooded communities in my who were ravaged by the unprecedented and probably the children would have a district will begin to put their lives back to- floods should not be excluded from this reim- better life of quality, where women gether with the passage of the fiscal year bursement ratio that recognizes the severity of who were not enrolled in the WIC Pro- 1997 emergency supplemental appropriations the damage, and I commend the Speaker for gram delivered a low-weight baby and bill before the House today. lending his support to Minnesota. we found the children would experience From treacherous November windstorms, to I would also like to voice my strong support problems. unprecedented January snowstorms, to the for the inclusion of Community Development b flood of the century, Minnesota weather has Block Grants [CDBG's] in the supplemental 1330 certainly tested our wills. Cleanup and recov- appropriations bill. After consultations with the So it makes good sense to support ery efforts from the floods have just begun. I FEMA and local officials in Minnesota, I agree WIC because it is humane and also it have held numerous town meetings in flood- that CDBG's will effectively serve flood victims will save costs in the future. H2712 CONGRESSIONAL RECORD — HOUSE May 15, 1997 The second issue that I would ask troops, that we pay for the devastation, This money will be available nationwide to all support for deals with the Diaz-Balart- but that we offset it within the exist- qualified applicants. The EWP provides for the Meek amendment, and this is to extend ing budget. We have done that in this restoration of creeks and rivers that were the social services that will be denied bill. clogged by downed trees and other storm de- to legal immigrants. Mr. LEWIS of California. Mr. Chair- bris. I have had many constituents contact me What is happening today, Mr. Speak- man, will the gentleman yield? by phone, letter, and in person about the need er, is that legal immigrants, people Mr. LIVINGSTON. I yield to the gen- to clear our rivers now in order to prevent who have lived in this country for tleman from California. flooding later. The greater the potential for many years, have raised their children, Mr. LEWIS of California. Mr. Chair- flooding, the more likely the Federal Govern- have paid their taxes, and because of man, I appreciate the gentleman’s ment will be called upon to assist those whose the new welfare reform legislation, will yielding. homes, businesses, and crops are damaged be denied social services. I wanted to mention for the RECORD or destroyed by flood waters. Many legal immigrants today are re- that there are a number of colleagues The Seventh District faces another threat ceiving notices that they will no longer who will have colloquies with myself H.R. 1469 seeks to address: economic disas- receive social services due to their sta- regarding some items on the emer- ter. North Carolina's economy continues to tus of not being citizens. That is caus- gency side of this bill. There are some suffer after Hurricanes Fran and Bertha. Fran ing a lot of problems, especially to the complicated difficulties we are having damaged 891 nonagricultural businesses with elderly; people who are in nursing on housing programs. I want my col- $50 million in repairs still needed. Our agricul- homes, people who need the assistance leagues to know that we are very tural and timber industries were nearly over- of food stamps because they are not aware of those circumstances and plan whelmed by $2 billion in damages. It makes making enough on their pensions, and to work with our colleagues. good sense that one of the highest priorities of also young people will be affected. In view of the fact that many were North Carolina's economic recovery plan is So I would ask the Members to sup- not able to be here at this moment, I support for the Economic Development Admin- port the Meek amendment. All it does would suggest that the gentleman has istration's efforts to assist our communities. is extend the services until the end of done fabulous work on this bill, I con- Finally, I thank the entire North Carolina the fiscal year so that the people will gratulate him for his efforts, and cer- congressional delegation for working together continue to receive services and, once tainly those people facing disasters to make sure that this bill addresses many of we pass the budget, hopefully all those across the country owe him a good deal the unmet high-priority needs in my State. In services will be restored to the legal of gratitude. the House, Congressmen, HEFNER, PRICE, and immigrants. Mr. LIVINGSTON. Well, Mr. Chair- TAYLOR along with my other colleagues Mr. OBEY. Mr. Chairman, I yield man, I thank the gentleman. I want to worked to ensure that North Carolina's unmet back the balance of my time. say this is a bipartisan bill. We have Mr. LIVINGSTON. Mr. Chairman, I needs were addressed in this legislation. I gotten this far in joint agreement be- yield myself the balance of my time. also want to thank our State's Senators, who I would just take a minute to say cause Members across this House of have been instrumental in coordinating our ef- that this is an important bill. The Representatives, working in tandem forts to support these important components. I President initially requested about $2 with the other body, have decided that urge my colleagues to support H.R. 1469. billion for disaster relief for people these items must be paid for, and yet Mr. PAUL. Mr. Chairman, I rise in opposition devastated in California and various we have also joined forces to make sure to the automatic continuing resolution amend- other States, and then the incredible that we find the budget authority with- ment to H.R. 1469, the so-called Supple- flooding of the Dakotas and Minnesota in our previously appropriated items to mental Appropriations for Fiscal Year 1997. occurred in the interim. All of these offset the increased costs. Nestled within all the rhetoric and debate people, not only in those States I have So right now there are no additional surrounding H.R. 1469, the Supplemental Ap- mentioned, but all told in some 35 costs to the U.S. taxpayer for what is propriations for Fiscal Year 1997, is an States, have suffered the ill effects of spent in this bill. I think that makes it amendment offered to fund national govern- terrible weather and the tremendous a reasonable bill, a bill that meets the ment operations throughout Fiscal Year 1998. adversity of nature. demands of the American people and a Funding that is, at 100 percent of the current Unfortunately, in recent years, the bill that should be passed with as few level of overspending. This amendment abdi- American taxpayer has become the in- amendments as absolutely possible. cates the responsibility of Congress to legis- surer of last resort. So it seems that I do hope that we can get this bill late and appropriate; that for which Congress year after year we have to come up passed without undue political wran- was elected by citizens of this country. Rather with these supplemental appropria- gling, that we can put it on the Presi- than accepting the responsibility and cor- tions bills to deal with this devasta- dent’s desk and that we can get his sig- responding accountability to constituents for tion. We are happy to do that. We want nature within the next few days, cer- voting in favor of or against particular appro- to make sure that we try to repair tainly before we leave on the Memorial priations, this amendment allows Congress, in some of the damage. There is no way Day recess. In fact, I would encourage the name of strategizing against the President on God’s green Earth we will be able to all of our Members on both sides of the and averting blame for a government shut- repair all of the damage but, at the aisle and the leadership to make sure down, to approve in an autopilot-type ap- same time, we owe the taxpayer the re- they do everything possible to assure proach, Federal spending through the end of sponsibility to make sure that the that this bill becomes law before the fiscal year 1998. money is spent wisely; that it is not Memorial Day recess. This strategy sets a dangerous precedent of wasted; that it is simply not just Mr. MCINTYRE. Mr. Chairman, I rise today bypassing the constitutional checks on govern- thrown at the problem. to announce my support for H.R. 1469, the mental powers by minimizing the separate In addition to the disaster relief, supplemental appropriations bill for fiscal year roles of the executive and legislative President Clinton, of course, has de- 1997. Included in this bill are several compo- branches. Rather than a Presidential veto on tailed troops to Bosnia and to Haiti nents, which, if enacted, would greatly assist congressional appropriationsÐthus demanding and other places throughout the world the residents of southeastern North Carolina in a new consensus between the Congress and and those expeditions have exceeded their further recovery from last year's hurri- the ExecutiveÐthe veto power of the Presi- their budget and have exceeded the cane. The night of September 6, 1996, the dent becomes merely the power to continue money previously appropriated to the district that I represent, North Carolina's Sev- funding at a level already burgeoning with Defense Department, and so we have to enth, was battered by hurricane Fran. Less spending on constitutionally suspect programs. pay for those ventures. Unless we, at than 2 days later, my entire district was de- Once again, Congress grants to the executive some point, pull our troops out of those clared a disaster area by the President. Yet, branch, powers never intended by the Con- places, that expense goes on from day we were ready to rebuild our lives and repair stitution. to day. We cannot simply tell our our environment. The amendment also introduces a dan- troops to go out and do the job, but we That is why the $150,700,000 appropriated gerous ratchet-up feature in Federal Govern- will not pay for it. in this bill for the Emergency Watershed Pro- ment spending. For should this precedent be So it is important, I think, that we gram [EWP] is so important to the fine people later followed and should Congress ever de- pass this bill, that we pay for the who live, work, and vacation in North Carolina. cide to make amends for its habit of spending May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2713 beyond its means, the Presidential veto power Mr. DAN SCHAEFER of Colorado. Mr. Mr. Chairman, I am proud of the contribution then becomes a tool by which the President Chairman, I rise today to express concern made to this bill by the Subcommittee on En- can ignore the will of Congress absent a two- about one of the provisions contained in the ergy and Water Development. The Energy and thirds majority to override the veto. Recent bill we are considering today. It is a provision Water Development chapter is narrowly tar- history suggests that Congress is rather un- that most Members probably aren't even geted to address the urgent needs created by likely to decrease its spending and this cer- aware is in this bill. That is the redirecting of devastating flooding nationwide. Earlier in the tainly would be much more unlikely in the $11 million from the Strategic Petroleum Re- year, California and the Pacific Northwest event a two-thirds majority is required. serves operations account to help pay for were ravaged by the fury of uncontrollable For these reasons and others, I oppose ab- these programs. flood waters. Then nature trained her sights dication of congressional responsibility, putting I am extremely troubled by the irresponsible on the Ohio River Valley and the States of the Federal Government appropriation process way the administration and our appropriators America's South. And the devastation has on autopilot, and, therefore, approval of the continue to use our national energy emer- continued in the Great Plains, particularly automatic continuing resolution amendment to gency stockpile. North Dakota, where dramatic images of H.R. 1469. The Strategic Petroleum Reserve was cre- abandoned cities have reminded us all of the Ms. ESHOO. Mr. Chairman, included in the ated in the 1970's in response to the severe tremendous power of natural forces. energy shortage that plagued this Nation, fiscal year 1997 supplemental appropriation Mr. Chairman, the Energy and Water Devel- harming our productivity and our economy. bill which we are considering is language that opment chapter includes $585 million for the Since 1975, the Federal Government has makes available to the State of California, Corps of Engineers and $7.4 million for the emergency relief funding for the repair or re- spent over $200 billion building and filling a Bureau of Reclamation to begin the arduous construction of highway 1 at Devil's Slide in national oil reserve so Americans would never process of rebuilding flood control works for San Mateo County. again be held hostage by foreign governments the protection of communities nationwide. For decades the residents of San Mateo because of our reliance on imported petro- Funds are provided to repair Federal projects, County have dealt with the ongoing problem of leum. Devil's Slide. The current highway runs along In the 104th Congress, the first of three rebuild levees and perform emergency dredg- the coast and is prone to damage from budget raids were made on the Strategic Pe- ing across the country. Time and again, Amer- mudslides and vulnerable to long closures. An troleum Reserve, the first initiated by the Clin- icans have demonstrated their great resilience original proposal to construct a bypass road ton administration and the second and third by in the aftermath of natural disasters. This as- further inland ran into several problems, with Congress. When the first ever oil sale for non- sistance will help them rise to their feet once opposition from local residents concerned emergency purposes was made we were told more. about its impact. However, last year the peo- it would be a one-time sale that was only oc- To partially offset these emergency supple- ple of San Mateo County voted overwhelm- curring because the Reserve itself needed re- mental appropriations, the bill includes a re- ingly to endorse the building of a tunnel by- pairs. Unfortunately, two more sales were scission of $22.5 million from the energy sup- pass. made for other, we were assured, equally ply research and development account of the The tunnel alternative has the strong sup- worthwhile purposes. My Commerce Commit- Department of Energy. This rescission, port of local officials, business owners, the en- tee colleagues and I objected to each one of amounting to less than 1 percent of the $2.7 vironmental community, and residents. After a these sales. billion account, represents unanticipated carry- long and difficult process, we are ready to The United States is now more than 50 per- over balances brought forward into fiscal year move forward to solve this problem and pro- cent dependent on foreign oil to meet its daily 1997. vide reliable access to those who visit, live, energy needs. The Strategic Petroleum Re- Mr. Chairman, as one who has witnessed and drive in San Mateo County. serve is our first line of defense in an energy firsthand the devastating effects of rising flood- I congratulate Representatives LANTOS and emergency. During the Persian Gulf crisis, waters, I appreciate the importance of deliver- PELOSI for their hard, effective work that will President Bush announced oil from the Re- ing Federal assistance on a timely basis to allow us to finally move forward. serve would be sold, immediately calming oil communities in need. Accordingly, the Sub- Mr. PORTMAN. Mr. Chairman, I rise today markets and protecting Americans from short- committee on Energy and Water has kept this in strong support of the legislation that pro- ages and the economic effects of oil price chapter largely free of riders unrelated to vides supplemental funding for emergency spikes. emergency flooding. I hope that the House will flood assistance. Much of the massive flooding Unfortunately, if we continue to sell oil from follow the example of the subcommittee and from winter storms occurred in four counties in the reserve and use the proceeds from those pass this bill quickly and without the added Ohio that I represent. I personally visited these sales as we are today, the next time there is weight of extraneous material. We must make areas many times and have seen the devasta- an energy crisis, there will be no Reserve to every effort to accelerate the delivery of this tion firsthand. The damage is simply stagger- protect us. And all Americans, including those critical assistance. ing. who will benefit from this bill today will look to One of the great strengths of this sprawling Farmland in our area was affected severely Congress to ask what happened to the $200 and diverse Nation is its capacity to unify in by the floods. The legislation we are consider- billion Reserve they paid for to protect them times of disaster. This legislation provides re- ing today provides needed funds to restore from an energy emergency. lief to those who find themselves in dire need damaged agriculture. Especially important to I feel it is important to note this obscure pro- due to circumstances beyond their control. Ac- my district are the Emergency Conservation vision in the bill we are considering today, be- cordingly, I urge all of my colleagues to sup- Program, which provides cost-sharing assist- cause I know in a few short months the Inte- port this vital measure. ance to farmers whose farmland was dam- rior Appropriations Committee will begin to aged as the result of flooding; the Conserva- work on a bill to pay for operating and main- Mr. MURTHA. Mr. Chairman, the House tion Reserve Program, which provides mean- taining the Reserve another year. And I know was wise to prohibit yesterday's recommenda- ingful benefits for watershed-based ap- that the Strategic Petroleum Reserve will tion of the Rules Committee which was to con- proaches that achieve environmental benefits again be lower on their list of priorities than it sider the Gilman amendment setting a dateÐ such as water quality, flood control, wetlands should be. I hope that no more oil sales are certain for withdrawing United States ground conservation and wildlife habitat; and the Nat- proposed, but if they are I plan on again op- troops from Bosnia. I sympathize with those ural Resources Conservation Program, for posing such a sale. There is not enough oil in who demand closer and more comprehensive emergency watershed and flood prevention the Reserve to pay for every worthwhile pro- consultation with Congress before major com- operations to repair damage to waterways and gram that comes along and if we don't stop mitments of U.S. military power are made. We watersheds resulting from flooding. these oil sales soon, there won't be enough oil are elected by the people to represent their in- Funding is also provided in this legislation in the Reserve to protect Americans from an- terests. We control the purse strings. We have for the Federal Emergency Management other energy crisis. a constitutional role in participating in such im- Agency [FEMA]; for repair of transportation Mr. MCDADE. Mr. Chairman, I rise in strong portant decisions. systems; for hazard mitigation, infrastructure support of H.R. 1469, the emergency supple- The issue of prior congressional consulta- and to rebuild levees; and to rebuild other mental appropriations bill for fiscal year 1997. tion and approval of military action has been flood control works and highways that were This legislation is necessary to deliver much of long-standing controversy between Con- damaged by floods. needed relief to victims of natural disasters gress and the President. Democratic Con- I join with my colleagues today in support of and to ensure our military preparedness gresses have had issues with Republican this needed emergency disaster assistance through the replenishment of critical defense Presidents, Democratic Congresses have had legislation. accounts. disagreements with Democratic Presidents, H2714 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and now the Republican Congress is demand- troops on the ground in completing their mis- know their mission and they have been suc- ing prior approval of military activity from a sion. And that is where I have a major prob- cessful in carrying that mission out. If in June Democratic President. lem with the gentlemen's amendment. 1998 we see that things have changed, we This issue needs a careful and thorough air- I have had hours of conversations with our may want to consider legislating a withdrawal ing. It ought to be done in the proper forum senior commanders in the field. And the one if it is necessary. But there is simply no over- with considerable thought. I would urge the thing they have told me in no uncertain terms riding need to do it now when we might have authorizing committees to proceed with such a is, ``give us the flexibility to do the job you the unintended consequence of jeopardizing process. want us to do.'' the safety of our own personnel. But having said that, we must also recog- They are experts on the law of unintended SERBIA AND CROATIA nize that we are talking about affecting an on- consequence, and I can tell you, they think going, major operation on the ground in which that legislating a date certain for withdrawal is There are many other ramifications of this over 8,500 U.S. troops and hundreds of other a big mistake that might actually affect the amendment as well. We have potentially vola- personnel are doing an important job in a very safety of our personnel. They say, set a goal tile situations in Serbia and Croatia. Leader- dangerous place. for withdrawal, but give us the flexibility and ship in both countries is aging and there are This is not just an academic, inside-the-belt- the discretion to manage it according to our serious signs of unrest in Serbia. The symbol way exercise about the role of Congress ver- best professional judgment. That is what we of abandonment that this amendment sends sus the President. The Bosnia operation is a should do. could bolster the extreme elements inside major commitment of United States prestige, Let me give you one example of how things those countries who are more interested in power, money, and most importantly, people. might go wrong under the requirements of this continued ethnic fighting than in building their It involves commitments to our most impor- amendment. One of the best means our troop countries. tant international allianceÐNATO. have of keeping the peace and deterring at- Mr. Chairman, America's effort to bring It involves the most serious outbreak of vio- tacks from rogue elements is the promise that peace and stability to Bosnia and the Balkans lence in the European theater since World has come at a high cost. But we must recog- War II. retaliation against any attackers will be swift, nize the responsibility our country has around It threatens to ignite a regional conflict pos- sudden, overwhelming, and deadly. We have sibly involving Greece and Turkey. the biggest stick and the meanest dog on the the world and we must recognize how much It has attracted dangerous elements from block. Let's say some extremist group hasn't other people around the world have come to Iran and other places seeking to exploit terror- read every caveat of this amendment. Instead depend on us. This amendment sends the ism. they miscalculate and think that since Con- wrong signal. It is a signal of abandonment, Bosnia seems like a far off place to most gress has mandated that all troops be gone rather than engagement to attain a lasting Americans. But as history shows, the Balkans from Bosnia by a certain date, they could at- peace. have been a flash point of major global events tack our personnel near this date with little Mrs. MINK of Hawaii. Mr. Chairman, I rise in for centuries. One should not forget that the chance of retaliation. Now I am sure that we strong support of the Kaptur amendment to border of Bosnia is only 105 miles from the would swiftly retaliate, but little good for the H.R. 1469, the supplemental appropriations border of Austria, 175 miles from the border of people who suffer the initial attack. Congress bill for fiscal year 1997, to add $76 million for Greece, and 102 miles from the shores of should do nothing that might encourage these the special supplemental food program for Italy. History teaches us that sticking our head kinds of actions. women, infants and children [WIC]. Failure to in the sand and letting a conflagration go There are scores of other scenarios that approve this amendment would force States to unabated this close to the heart of Europe is might develop ranging from bad weather to cut the number of those receiving WIC by playing with fire. terrorist threats to unknown political events 180,000 women, infants, and children. that might necessitate deviations to the basic And make no mistake about it, the reason The $76 million supplemental request sub- operation. I believe our military leaders de- that the fragile peace in Bosnia has been mitted by President Clinton and his administra- serve the flexibility to deal with them. achieved is due to one reason and one reason tion was cut in half by the Appropriations That is what General Shalikashvili and Sec- onlyÐthe leadership of the United States of Committee to $38 million. This drastic cut America. retary Cohen are saying as well. Here is what would have pushed 180,000 women, infants, The U.S. military in particular has imple- they say about legislating a withdrawal date in and children out of the WIC program. mented its peace enforcement mission with a May 13 letter to the House leadership: skill and courage. They came into a situation A fixed withdrawal date will constrict U.S. My State of Hawaii would suffer greatly if and controlled a situation that many thought commanders’ flexibility, encourage our oppo- these funds are not restored. It would mean hopeless. nents and undermine the important psycho- that 9,300 individuals, one-third of the case- They have shown strength. logical advantage U.S. troops enjoy. Our load, would be refused food at a time when They have shown compassion. forces must be able to proceed with a mini- good nutrition is critical for healthy babies. They have shown competence and integrity. mum of risk to U.S. personnel: legislating WIC provides essential food and nutrition to They have earned respect from all parties. their redeployment schedule would com- pletely change the dynamic on the ground our low-income prenatal, postpartum, and And once again they have demonstrated and could undercut troop safety. nursing women, infants, and children. Poor nu- clearly why they are the best in the world. trition causes low-birthweight babies and neu- You can't say it any more clearly than that. I have been to Bosnia six different times in ral and other physical underdevelopment, I think we should heed the professional advice the last 6 years. The change in this country which seriously impairs the child's later of our military leaders. over this period has been simply remarkable. growth. At the critical, early stages in a child's I have seen the country at the beginning of SOMALIA life, WIC provides nutrition that assures the war, during the period that UNPROFOR Proponents of this amendment say that we healthy physical and mental development. tried to control it, during the period that the should accept this amendment because it is The WIC program, in its support of nutrition U.S.-led IFOR force was deployed, and now patterned after the Somalia amendment we risk assessments, special vouchers and food we have the SFOR force. Americans broke passed some years ago. Somalia was a com- packages, has been shown to work. Its suc- the 4-year long cycle of violence in this coun- pletely different situation. President Bush went cesses have been lauded by medical profes- try and established a fragile peace when oth- into Somalia without a blue print. Our forces sionals, social workers, State and local gov- ers had given up. had a murky and undefined mission in Soma- ernments, and millions of mothers whom WIC Bosnia has become an important symbol of lia. There was no goal for withdrawal. There has helped. American leadership and support for peace was mission creep. There was an ill-defined around the world. What we do or don't do chain of command. In the case of Somalia, as WIC represents one of the best early invest- here will have worldwide implications. more or less a last resort, Congress set the ments toward a good future for America's poor So we can't consider this amendment in the withdrawal date for the Administration, and it children. I strongly urge my colleagues to sup- abstract. We must consider the broader impli- was justified. port this important and necessary amendment cations. The Bosnia situation is wholly different. to restore full funding to WIC. SAFETY OF THE TROOPS There is a blue print in the form of the Dayton Mr. SABO. Mr. Chairman, this supplemental Foremost in our minds must be how legislat- agreement. The President has a plan and a appropriations bill is very important to the ing a specific withdrawal date will affect our timetable that we know about. Our forces thousands of people in Minnesota and May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2715 the Dakotas who have had their lives turned only in the order printed in the report, Page 5, line 15, after the dollar amount, in- upside down by an unprecedented flood this may be offered only by a Member des- sert the following: ‘‘(increased by spring. ignated in the report, shall be consid- $38,000,000)’’. As the only member of the Appropriations ered read, shall be debatable for the Page 35, after line 25, insert the following: Committee from these three States, I have a time specified in the report equally di- INDEPENDENT AGENCIES very strong interest in moving this legislation vided and controlled by the proponent quickly. I am pleased that the Appropriations and an opponent, shall not be subject NATIONAL AERONAUTICS AND SPACE Committee responded to the region's needs to amendment and shall not be subject ADMINISTRATION to a demand for division of the ques- by adding an extra $200 million to earlier re- NATIONAL AERONAUTICAL FACILITIES quests for funding. But that action was taken tion. before we knew the full cost of this disaster. During consideration of the bill for (RESCISSION) I had the opportunity to tour the flood-rav- further amendment, the Chair may ac- Of the funds made available under this aged areas recently with Majority Leader cord priority in recognition to a Mem- heading in the Departments of Veterans Af- ARMEY, Congressman POMEROY of North Da- ber offering an amendment that he has fairs and Housing and Urban Development, kota, and several other Members, and we printed in the designated place in the and Independent Agencies Appropriations were all astounded by the devastation. Since CONGRESSIONAL RECORD. Those amend- Act, 1995 (Pub. L. 103–327), $38,000,000 is re- that time we have heard that preliminary dam- ments will be considered read. scinded. age estimates for Minnesota alone are likely to The Chairman of the Committee of The CHAIRMAN. Pursuant to House exceed $1 billion. the Whole may postpone until a time Resolution 149, the gentleman from The Senate has responded by providing during further consideration in the Wisconsin [Mr. OBEY] and a Member $500 million in CDBG funds in its flood relief Committee of the Whole a request for a opposed, the gentleman from New Mex- bill. Today, I urge my House colleagues to recorded vote on any amendment and ico [Mr. SKEEN], each will control 15 support an amendment that will provide the may reduce to not less than 5 minutes minutes. same level in the House bill. the time for voting by electronic de- The flood assistance in this bill will help vice on any postponed question that The Chair recognizes the gentleman families, individuals, businesses, and local immediately follows another vote by from Wisconsin [Mr. OBEY]. governments that have suffered losses, and electronic device without intervening Mr. OBEY. Mr. Chairman, I yield my- business provided that the time for will also pay for flood prevention and control self 21⁄2 minutes. efforts. The aidÐcombined with the persist- voting by electronic device on the first ence, creativity, and heroic spirit we have al- in any series of questions shall not be Mr. Chairman, let me simply say I ready seen from area citizensÐwill go a long less than 15 minutes. am offering this amendment on behalf way toward getting the region back on its feet. It is now in order to consider amend- of the gentlewoman from Ohio [Ms. Additionally, we have the chance today to ment No. 1 printed in the House Report KAPTUR] and I very much appreciate remedy the problems we created for legal im- 105–97. the cooperation that we have had from migrants in last year's welfare bill. Congress- Mr. OBEY. Mr. Chairman, I make the a number of people on both sides of the woman CARRIE MEEK is offering an amend- point of order that a quorum is not aisle on the amendment. ment to delay these problems until a more present. Basically the situation is this: The permanent solution can be effected. I urge my The CHAIRMAN. A quorum is not administration indicated that based on colleagues to do what's right and support our present. numbers it was receiving from the var- efforts to restore fairness for legal immigrants. The Chair announces that pursuant ious States around the country, that As you know, Mr. Chairman, the new wel- to clause 2, rule XXIII, he will vacate there would be a shortfall of approxi- fare law, will deny legal immigrants supple- proceedings under the call when a mately $100 million in the WIC pro- mental security income [SSI], food stamps, quorum of the Committee appears. gram, which would necessitate knock- and Medicaid benefits starting in August of Members will record their presence ing a large number of women and chil- this year. Many of the people affected by the by electronic device. dren off the rolls. When they were new law are elderly people who have lived in The call was taken by electronic de- asked to rescrub those numbers, they this country, worked hard, and paid taxes for vice. came back with a hard estimate that many years. many of these people came here they would need about $76 million. The b to escape political or religious persecution. 1350 committee chose to refuse to fully fund The new law is unduly harsh on these peo- QUORUM CALL VACATED the administration request. The in- ple, and the States, localities, and private The CHAIRMAN. One hundred Mem- stead provided $38 million. charities have not had nearly enough time to bers have responded. A quorum of the Since that time, a number of us have find ways to soften the blow. In my State of Committee of the Whole is present. been trying to get that number up to Minnesota alone, the new law will deny food Pursuant to clause 2, rule XXIII, fur- the number estimated by the States as stamps to 16,000 legal immigrants, supple- ther proceedings under the call shall be being necessary in order to prevent mental security income to 5,400 elderly and considered as vacated. people from being knocked off the disabled legal immigrants, and Medicaid cov- The Committee will resume its busi- rolls. That means that we are asking erage to 470 immigrants. Nationally, millions ness. today to provide an additional $38 mil- more will be hurt by these changes. The CHAIRMAN. It is now in order to lion above the amount provided by the I urge my colleagues to support the flood re- consider amendment No. 1 printed in committee. Very simply, without this lief efforts in this bill which are so important to House Report 105–97. action, unless the administration goes my State and region. I also urge that we begin AMENDMENT NO. 1 OFFERED BY MR. OBEY through elaborate actions that would to restore fairness to legal immigrants that in fact shortchange other important was unwisely taken away in last year's welfare Mr. OBEY. Mr. Chairman, I offer an programs to rural America, the fact is legislation. amendment. Mr. LIVINGSTON. Mr. Chairman, I The CHAIRMAN. The Chair would in- that some 180,000 women and children yield back the balance of my time. quire if the gentleman from Wisconsin would be knocked off the payroll. The CHAIRMAN. All time for general is the designee of the gentlewoman When we offered this amendment, we debate has expired. from Ohio [Ms. KAPTUR]. were at first told that our numbers Pursuant to the rule, an amendment Mr. OBEY. That is correct, Mr. were disingenuous and that we knew it. striking lines 8 through 17 on page 24 is Chairman. The fact is these are not our numbers. adopted. Before consideration of any The CHAIRMAN. The Clerk will des- These are the numbers which to the other amendment, it shall be in order ignate the amendment. best of our knowledge are accurate to consider the amendments printed in The text of the amendment is as fol- based upon estimates that we received House Report 105–97. Each amendment lows: from the various States around the printed in the report may be considered Amendment No. 1 offered by Mr. OBEY: country. I would point out that most of H2716 CONGRESSIONAL RECORD — HOUSE May 15, 1997 the States who would suffer the short- the Department of Agriculture, did an generations, have all had to take re- falls if this funding is not provided are audit of the Food and Consumer Serv- ductions because of our interest in as- States being run by Republican Gov- ices Agency that administers these suring healthy children. ernors. They have not handled this in a food programs in the Government. It In spite of that we must maintain a partisan fashion. I do not think we found that $13 billion, one-third out of balance of all these programs. Instead, should, either. $39 billion appropriated, could not be the ugliness of grandstanding and dem- It seems to me that the question is located. That is the inefficiency that agoguery have crept into the WIC Pro- very simple. If Members want to make exists, and I urge opposition to this gram this year. This has never hap- the early investments that are nec- amendment. pened before and my committee has essary to protect the health of preg- Mr. OBEY. Mr. Chairman, I yield 11⁄2 held hearings on WIC and deeply ana- nant mothers and their young children, minutes to the gentlewoman from Ohio lyzed the President’s WIC request. We they will support this amendment. If [Ms. KAPTUR]. find no basis for an increase except they do not, they will oppose it. I Ms. KAPTUR. Mr. Chairman, I thank malfeasance. would urge support for the amendment. the gentleman from Wisconsin for I personally believe that the States Mr. SKEEN. Mr. Chairman, I yield yielding this time to me, and I would have more than enough money to carry 21⁄2 minutes to the gentleman from say to my colleague on the committee the existing caseload for the rest of the Washington [Mr. NETHERCUTT]. that, yes, we do have questions about year, but in a very concerted political Mr. NETHERCUTT. I thank the dis- this program, the most important move to show who loves children more, tinguished chairman of the Sub- question being will we maintain the we have State WIC directors telling committee on Agriculture, Rural De- people on the program who are already misleading stories of how people will velopment, Food and Drug Administra- on it in this fiscal year? And the De- be released from the WIC rolls. I am tion, and Related Agencies for yielding partment of Agriculture has given us disappointed WIC is being used this me this time. excellent numbers; they have surveyed way. Mr. Chairman, I appreciate the re- every Governor. States like California, If there is a shortfall and people are marks of the ranking minority member without these funds, will be cutting let off the rolls, then either the USDA of the Committee on Appropriations as thousands of recipients. California personnel or State WIC directors it relates to wanting to help children. alone needs over $26 million just to should be investigated for malfeasance. Republicans want that as deeply as complete this fiscal year. The appropriations bill for WIC was Democrats do. There should be no dis- So we know what the challenge is. In passed last August containing $3.7 bil- pute about that. the amendment, the $38 million that is lion which is $1.8 billion more than However, I think we also, Democrat 1989. The Department and the States and Republican, should expect effi- provided out of this major, major emer- gency appropriations bill will merely had more than ample time to figure ciency. We should demand efficiency. out how to manage their funds for the As I hear the ranking minority mem- keep current beneficiaries on the pro- gram, pregnant women, low-birth year. If my colleagues currently be- ber of the Committee on Appropria- lieves USDA, which I do not, States weight babies and young children. That tions talk about numbers, numbers will run out of money or put people off is the purpose of this. Without the changing, the best estimate of our the WIC Program before the end of the amendment States will have to cut numbers, the best knowledge of num- year. Why? Only because of malfea- over 180,000 current beneficiaries from bers of people needing WIC is uncer- sance or incompetence on the part of the program. tain, Mr. Chairman. That is what trou- the managers of the program. So it is somewhat disingenuous to bles me about this desire of the spon- WIC is now a $3.7 billion program. Al- say that we do not believe the num- sors of this amendment to add more most $1 billion more than 25 percent money to more money that has already bers, because in fact the U.S. Depart- goes for management and overhead. been added, to more money that is car- ment of Agriculture in April, this This not about protecting children; ried over, $100 million carried over in a April, surveyed the various States. this is about protecting a large and I only have a minute and a half so I $3.7 billion annual program, in addition rapidly growing bureaucracy. to the $50 million that is available cannot yield to the gentleman, but I Every month I get a check and I through the Secretary of Agriculture wanted to clarify what the prior speak- must manage it for the month. If I do in the fund for rural America. er had said. I want to urge my col- not, I bounce checks and am held ac- My point is this: We owe our con- leagues to pass the Kaptur-Riggs-Rou- countable. WIC should operate in the stituents, all of us, efficiency. I would kema-Roemer-Quinn amendment, and I same manner, and someone should be expect, and I would expect there to be want to thank the gentlewoman from held accountable, and if the States are a commitment on the part of both the New Jersey [Mrs. ROUKEMA] very much unable to manage their funds with as Democrat leaders and Republican lead- for her leadership on this, not just this much advanced notice as they had, ers, if we do not know the numbers, if year but in prior years. I think her then we in Congress should hold them we are speculating, and I believe we commitment is clear. We know that accountable. In the real world, banks are, we ought to have a study that can this prevents sick children from being are not held responsible for their cli- be done in 2 or 3 months, signed, sealed admitted to hospital rooms across this ents’ incompetence. and delivered. Let us find out what the country. Simply put, if every private citizen numbers are. But let us not gamble Mr. SKEEN. Mr. Chairman, I yield in America must live within their with the taxpayers’ money at this time myself 2 minutes. budgets, then this program should also. when we are adding an additional $38 Mr. Chairman, as chairman of the We cannot allow incompetence to be million. Subcommittee on Agriculture, Rural rewarded with a raise, and so my col- Development, Food and Drug Adminis- b leagues have a choice. Vote for the 1400 tration, and Related Agencies, I have committee’s fact-based recommenda- Should we not feel that that is ade- always supported our numerous feeding tion or vote out of fear for an increase. quate? And the gentlewoman from Ohio programs. In fact, there are 26 different Mr. OBEY. Mr. Chairman, I yield 11⁄2 [Ms. KAPTUR], one of the sponsors of feeding programs funded by the Federal minutes to the gentlewoman from New this amendment, has testified in our Government. I sincerely believe there Jersey [Mrs. ROUKEMA]. Subcommittee on Agriculture, Rural is no need for anyone in the United (Mrs. ROUKEMA asked and was Development, Food and Drug Adminis- States to go hungry. given permission to revise and extend tration, and Related Agencies that she I can tell my colleagues that our her remarks.) has some concerns about the adequacy committee has funded the WIC Pro- Mrs. ROUKEMA. Mr. Chairman I, am and accuracy of the program and the gram as our No. 1 priority. All other certainly happy to be here with the numbers. One final point, and no, I do programs in our bill have suffered be- gentlewoman from Ohio [Ms. KAPTUR] not have time, I say to the gentle- cause of our emphasis on WIC. The Na- and the gentleman from California [Mr. woman from Ohio [Ms. KAPTUR]. tion’s research needs, low-income hous- RIGGS] because they have provided Mr. Chairman, one final point. In 1995 ing for the poor, conservation pro- wonderful leadership in helping us to and 1996, the Inspector General, with grams that protect our lands for future get this issue resolved. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2717 Mr. Chairman, I wish we did not have community, the women who are trying would be approximately 7.4 million to be here today. This should not be a to move from welfare to work, who children or people. partisan issue. This is about funding need more day care, who need more Now the question is how will that poor children who need food in their transportation moneys, and I am con- number change if we put another $36 mouths, and I must say to my col- fronted by the limitations on the million in there, run up to $76 million, league from New Mexico this is about amount of money we have. and again the USDA, which my col- taking food out of the mouths of little Please do not let us fund a program leagues keep quoting, and I respect- babies and 183,000 of those children who that already has excessive funds, that fully disagree with the numbers; I have genuinely qualify. has a backup, and turn our backs on got them right here from the USDA. Mr. Chairman, it is not about prof- the real needs and the questions that They say the participation level will ligate government spending. The WIC are put to us every week. Not one per- not increase from 7.4. Program is a program that works and son has asked me for more WIC funds, So we are not talking taking children in the longer term actually saves but thousands of people have asked me off. money. For every dollar we use in this to find the money for the programs Mr. OBEY. Mr. Chairman, I yield my- program, there are untold returns not that are truly needed every day. self 15 seconds. only in Medicaid savings but in the This is not free money. This money Mr. Chairman, the gentleman refuses productive lives and healthy lives of comes from taxpayers across this coun- to be unconfused by the facts. The fact is if we are wrong, all that happens is children, and that cannot possibly be try who wrote a check and on April 15 we can appropriate less money next measured in dollars and cents. got in their cars and drove to the post Mr. Chairman, I do not know who office and paid money out of their year. If you are wrong, 150,000 kids are was saying that we are pulling for effi- hard-earned income to fund our nec- going to get hurt. Mr. Chairman, I yield 11⁄2 minutes to ciency here. I am saying I do not know essary programs. Please do not put this the gentleman from Indiana [Mr. ROE- what they mean by efficiency, but I use money in a program where it is MER]. the old adage ‘‘Let’s not be penny-wise unneeded, where there are excessive Mr. ROEMER. Mr. Chairman, I thank and pound-foolish.’’ Every current re- funds now, where there is a reserve to the gentleman for yielding this time to search, up-to-date research, dem- draw on, and fail to address and leave me, and I want to salute the gentle- onstrates the returns to society on the ourselves the opportunity to fund the woman from Ohio [Ms. KAPTUR] and health of children when those invest- programs that are really most needed the gentlewoman from New Jersey ments are made in the early years of today. [Mrs. ROUKEMA] and all the Democrats Mr. OBEY. Mr. Chairman I yield my- life such as the WIC Program gets. and Republicans that have voted and So I must also remind my colleagues, self 10 seconds. supported this program in the past and and I am as fiscally conservative, if not Mr. Chairman, there is a very big dif- urge them to support it in the future. more so, than many of my colleagues, ference between carryover funds and This is a bipartisan program that if my before it became popular, before it be- surplus funds. There are no surplus colleagues are for families first and came popular, and I must say it is funds in the WIC Program. balancing the budget this returns $3.54 budget neutral and we should support Mr. Chairman, I yield 30 seconds to for every dollar we invest. the gentlewoman from Ohio [Ms. KAP- it. Now I am getting tired of hearing the TUR] to explain why. Mr. SKEEN. Mr. Chairman, I yield 3 arguments that we have $100 million Ms. KAPTUR. Mr. Chairman, the minutes to the gentlewoman from Ken- sitting around that is going to be wast- WIC Program is structured in such a tucky [Mrs. NORTHUP]. ed or going to be thrown around in this Mrs. NORTHUP. Mr. Chairman, I rise way to allow approximately 2 percent program that is some kind of supple- in opposition to this amendment. I of total funding to be carried over from mental or reserve fund. It is coming know personally how important the one fiscal year to the next fiscal year from people that I respect on the other WIC Program is to our community and because in the act, in the statute, WIC side, but they either do not support our State. I was part of the Southern cannot create any deficits. So those WIC or they do not understand it. Initiative for Healthy Women and Chil- dollars are dollars that pay for current dren throughout a number of years, beneficiaries. b 1415 and we used the WIC Program as a I am sure that the gentlewoman that People getting vouchers take the basis of helping to raise the level of nu- just spoke is unfamiliar with the pro- voucher from the urban center where trition and health services for those gram, being a new Member, but there is they get the food to a grocery store. most at risk, women and children. absolutely no way that WIC can over- The grocery store takes the voucher to But this argument today is not about spend its dollars, and in addition to a bank, the bank takes it eventually to healthy mothers and children. It is that, the fund for rural America is al- the State for repayment. Vouchers about demagoguery and elections. We ready over subscribed. We are going to that are then taken into the State in have today $100 million that we expect have to cut water projects, sewer August and September before the fiscal to be carried over in the WIC Program. projects all over this country, housing year October 1, are not going through Those are tax dollars that will be projects. To throw the WIC’s dollars in the system, so money has to carry unspent and carried over. there makes absolutely no sense be- over. It is one of the sound manage- When the President asked for the $78 cause there is not enough money to ment principles that WIC has to run million increase in WIC funding, it is begin with. on. There must be carryover funds. not because anybody expects the WIC Mr. SKEEN. Mr. Chairman, I yield 1 That is one of the ways that the vouch- funds to run out. We agreed to a com- minute to the gentleman from Georgia er system works. promise of half of that money in this [Mr. KINGSTON]. So food prices are going up, milk supplemental appropriations bill. Fur- Mr. KINGSTON. Mr. Chairman, as prices are going up, we froze disability thermore, we agreed to put language in my colleagues know, it is too bad that payments for children in this country the bill that would allow $47 million everything has to be reduced to rhet- for a number of months; that money is that is currently in the fund for rural oric and emotionalism here. The re- for these children and these women. America to be transferred over in the spected ranking member herself has This helps from throwing 180,000 people unlikely event that the funds in the asked a lot of questions about the WIC off this program. I encourage my col- WIC Program should begin to run numbers. We all have questions about leagues to support this amendment. short. it. It was just said, a 2-percent carry- Mr. SKEEN. Mr. Chairman, I yield 3 All estimations are there are more over is what is needed. That is $75 mil- minutes to the gentleman from Arkan- than enough funds, more than enough lion. We already have $100 million in sas [Mr. DICKEY]. funds; in fact, $100 million, more than there. We do not need the additional. Mr. DICKEY. Mr. Chairman, I think I enough funds to fund the WIC Program. However, we asked USDA on April 17, have about got this thing figured out, Every week when I go home, Mr. last month, less than a month ago, but I have not gone over it yet with the Chairman, I am confronted by the tre- what would happen if they put another sharp eye of opposition, but this is the mendous needs of the people in my $36 million in there. The participation way I see it. H2718 CONGRESSIONAL RECORD — HOUSE May 15, 1997 We have had, since the start of the cannot keep spending and spending and Nobody was fooled. The phone start- great society, this compassion in our spending on the basis that we are com- ed ringing and the mail started pouring country that we must take care of passionate and we are the only people in. The American people were out- women, infants and children, and peo- who are right, because if we do, we are raged. Now, some brave Republicans ple with disabilities and unfortunates, not going to have a program. are jumping off that sinking ship. and we started on the right track, but Mr. OBEY. Mr. Chairman, I yield 11⁄2 I would like to commend those Mem- somewhere in this deal we have gotten minutes to the gentleman from Califor- bers across the aisle for understanding into this one word called ‘‘more.’’ nia [Mr. RIGGS]. that the Republican leadership was ter- Every year we want more and we want Mr. RIGGS. Mr. Chairman, I thank ribly wrong. I would also like to make more. the gentleman from Wisconsin [Mr. it very clear that it took a steady Elected officials have been caught in OBEY], the ranking member of the drumbeat of opposition by my Demo- this, we might say this spirals upwards House Committee on Appropriations cratic colleagues to help the Repub- because they want to be reelected. The for yielding to me. licans to see the light. liberals have been in the majority, so I feel like I am in a little bit of a The Kaptur amendment will restore they go from one year to the next and quandary in this debate. I feel like I full funding for WIC and keep 180,000 say, if we do not bring more into this ought to lift this podium up and move women, infants and children from program, then we are going to fail. If it over here to the center aisle, al- being denied proper nutrition. Mr. Chairman, the American people we fail, we are going to have criticism though I am mindful of the admonition that the only thing one gets by being are much smarter than the Republican and criticism might mean that we will leadership thinks. Support the Kaptur not get reelected. the middle of the road in Washington is run over. amendment. Now, I think down in the heart of Mr. OBEY. Mr. Chairman, I yield 30 hearts of the liberals on the other side Mr. Chairman, let me, first of all, point out that this bipartisan amend- seconds to the gentlewoman from Cali- of the aisle is this relief that we are fi- ment, with the gentlewoman from Ohio fornia [Ms. MILLENDER-MCDONALD]. nally going to stop what has been so [Ms. KAPTUR] in the lead is, as the gen- Ms. MILLENDER-MCDONALD. Mr. white hot and so excessive over all of tlewoman from Ohio pointed out, fully Chairman, I rise today in support of these years and we are finally going to paid for. It is offset with $38 million this amendment to restore funding for stop it. But the unfair part of it is that out of the $365 million in unobligated the women, infants and children’s pro- as we are standing up here and saying funding from the NASA national aero- gram, WIC. I had originally introduced we are not against women and infants nautics facilities account. my own amendment, but I am going to and children. We are for them. We do Second, let me tell my colleagues withdraw it to support the Kaptur, et. not want anybody to go not being fed that I accept on good faith the admin- al. amendment. or taken care of. istration’s claim that we need at least In my State of California alone, 1.2 The liberals are taking the advantage $76 million more in this program to million low-income and nutritionally politically and saying, yes, those peo- maintain the current caseload, ensure at-risk pregnant women, infant and ple do not care, and what they will do full participation for this year, and children benefit from WIC. To suddenly is they will drag the perfectly justifi- that is as a result of the caseload being strip 180,000 of these women, infants, able cases to center stage, draw the higher than what is projected at the and children from this essential pro- spotlight to it and they will say, these beginning of this current fiscal year gram is cruel and without reason. I am proud that California operates are the folks, the conservatives are, in and, as I think the gentleman from In- the largest WIC Program in the coun- fact, against as they are trying to slow diana [Mr. ROEMER] alluded to, the in- try, as it is one of the most successful down the growth of the WIC Program. crease in food prices, primarily dairy I think that is the reason I am for programs ever established by Congress, prices. and I am proud to support this amend- this for more reasons than have been Last, let me assure my colleagues on ment. stated before, but I know this. both sides of the aisle, as the chairman Mr. Chairman, I rise today to support this Ms. KAPTUR. Mr. Chairman, will the of the authorizing subcommittee that amendment to restore funding for the women, gentleman yield? has jurisdiction of the WIC Program, infants and children program [WIC]. I had Mr. DICKEY. I yield to the gentle- we are going to look at all of these woman from Ohio. originally introduced my own amendment to management and fiscal year issues restore full funding for WIC, however, I will Ms. KAPTUR. Mr. Chairman, the later this year, probably in the fall, gentleman obviously knows, being a withdraw my amendment to support the Kap- when we take up the reauthorization of tur-Riggs-Roukema-Roemer-Quinn amend- member of the subcommittee, that the the WIC Program. We will be looking money for this is coming from an offset ment. at ways to achieve greater efficiency In my State of California alone, 1,225,800 in another account, and in fact, there and more accountability in the WIC is no committee that has taken more low-income and nutritional-at-risk pregnant Program, but the time and the place to women, infants, and children benefit from cuts than the Committee on Agri- debate those structural changes to the culture. The gentleman from the State WIC. To suddenly strip 180,000 of these WIC Program, which, again, are going women, infants, and children from this essen- of Arkansas knows that. So the gen- to require bipartisan support in the tial program is cruel and without reason. tleman obviously knows that this is Congress and support from the WIC Programs that are not only cost-effective, not new money. This is money that is community across the country is in the but produce such impressive results are pre- being shifted from other programs, be- fall when we do the reauthorization cisely the programs we need to keep, not cut. cause we all have a commitment to re- bill, not in the context of this supple- The Government saves $3.50 for each $1 duce the deficit. mental appropriations bill. spent on WIC for pregnant women in expendi- Mr. DICKEY. Mr. Chairman, I thank Mr. SKEEN. Mr. Chairman, I reserve tures for Medicaid, SSI for disabled children, the gentlewoman, but the gentlewoman the balance of my time. and other programs. More importantly, re- knows what is going to happen, and Mr. OBEY. Mr. Chairman, I yield 1 search has demonstrated how effectively WIC this is what is happening in these pro- minute to the gentlewoman from New reduces low-birthweight babies, infant mortal- grams. Everybody takes what the fig- York [Ms. VELA´ ZQUEZ]. ´ ity, and child anemia. ures are for this year. They know they Ms. VELAZQUEZ. Mr. Chairman, on I am proud that California operates the larg- have to spend them whether they are April 24, the Republicans voted to re- est WIC Program in the country as it is one of there or not. We spend to that point ject the administration request for WIC the most successful programs ever estab- and then it becomes the floor for the funding, a program that feeds poor lished by Congress. And I am proud to sup- next year. women, infants and children. port the full restoration of funding for WIC. What I am worried about is if we are When Democrats protested, the Re- Mr. OBEY. Mr. Chairman, I yield going to save these programs, if we are publicans proudly defended themselves. such time as he may consume to the going to help these people, we are One after another they marched to the gentleman from Illinois [Mr. POSHARD]. going to have to start cutting because well and said, we are not really cutting (Mr. POSHARD asked and was given the balanced budget is in fact a neces- WIC, we are not really throwing poor permission to revise and extend his re- sity security for people like this. We babies off the program. marks.) May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2719 Mr. POSHARD. Mr. Chairman, I rise 1.6 million women, 1.8 million infants and 3.7 potential and become productive, contributing in strong support of the Kaptur amend- million children who participate in our Nation's members of society. ment. Supplemental Nutrition Program for Women, Hunger is caused by poverty. Poverty and Mr. Chairman, I rise today to express my Infants, and Children [WIC] as authorized by hunger are a violence against humanity, strong support for the women, infants and chil- section 17 of the Child Nutrition Act of 1966. whether they occur in the streets of Washing- dren nutrition program. WIC is one of the most This amendment would address the pro- ton, DC, or in the far-off towns and villages of successful and important Federal programs jected shortfall in funds by the close of fiscal Bosnia or Iraq. ever undertaken, and is it crucial that it re- year 1997. Fortunately, the pain and violence of hunger ceive the funding necessary to continue serv- In the 18th Congressional District a total of can be reduced by appropriating additional ing eligible mothers and children. Last year, 109,596 women, infants and children receive money to the WIC Program. This increase the WIC program served 7.4 million pregnant WIC services each month. This means that in would provide supplemental food and nutrition women, nursing mothers, infants, and children Harris County, TX 12,917 pregnant women, education for thousands of women, infants, under age 5. These beneficiaries must dem- 5,259 breast-feeding mothers, 9,448 and children who are eligible for the WIC Pro- onstrate their eligibility based both on financial postpartum mothers, who have recently given gram. Without this additional money, these eli- need and nutritional risk, and participants are birth, and 29,934 infants, and 52,038 children gible participants will be part of the growing screened every 6 months to ensure their con- can receive the help that they need. childhood hunger epidemic that plagues us. tinuing need for enrollment in the program. One-seventh of the State of Texas' 683,000 Under the Kaptur-Riggs amendment, $38 Quite simply, WIC saves lives. The program WIC recipients reside in Harris County, TX. If million would be taken from the money that has been invaluable in helping to reduce infant the State of Texas' WIC program does not re- was appropriated in fiscal year 1995 for a new mortality and improve health by decreasing ceive additional funds it will have a $1.255-mil- National Wind Tunnel Complex [NWTC]. Only anemia, low birthweight, and prematurity. It lion shortfall by the close of fiscal year 1997. $35 million of this appropriation has been has also been linked to better cognitive devel- This would require an additional $76 million used by NASA for research into wind tunnel opment among children. WIC is not an entitle- in funding for this program for fiscal year testing. The remaining $365 million has never ment. It has also been linked to better cog- 1997. been used. This amendment would not impact nitive development among children. WIC is not This program is not as glamorous as oth- negatively on NASA. an entitlement. It is an investment in our fu- ersÐthe WIC program is formula, milk, juice, I urge my colleagues to join me in the fight ture, and one which has continued to prove it- and bread. The majority of those served are against hunger by voting for the Kaptur-Riggs self for more than a decade. infants and children. amendment. Sadly, as many as 180,000 current WIC To cut the WIC program does not materially Mr. OBEY. Mr. Chairman, I yield participants will be forced out of the program reduce the numbers of women, infants and such time as he may consume to the if it does not receive full funding for fiscal year children who are in need. This program is one gentleman from Pennsylvania [Mr. 1997. After so many assistance programs of the best run, most efficient and effective FATTAH]. were cut last year, WIC is the last remaining programs that the Federal Government has (Mr. FATTAH asked and was given source of assistance for some some of our initiated. permission to revise and extend his re- most vulnerable citizens. It would be a tragedy According to the Government Accounting marks.) to limit this strikingly effective program, leaving Office for every dollar spent on the WIC pro- Mr. FATTAH. Mr. Chairman, I rise in thousands of women and children with no as- gram the taxpayer saves $3.50. This is the support of this amendment. sistance at all. I sincerely hope that I can reason the WIC program received very strong Mr. OBEY. Mr. Chairman, I yield 1 count on my colleagues' continuing support of bipartisan support throughout its history. minute to the gentleman from Califor- WIC, and I urge that it receive funding in the I would ask that my colleagues would join in nia [Mr. MILLER]. full amount of the administration's request. support of this amendment so that we may (Mr. MILLER of California asked and Mr. OBEY. Mr. Chairman, I yield 30 meet a clear and present need in the WIC was given permission to revise and ex- seconds to the gentlewoman from program. tend his remarks.) Texas [Ms. JACKSON-LEE]. Mr. OBEY. Mr. Chairman, I yield 30 Mr. MILLER of California. Mr. Chair- (Ms. JACKSON-LEE of Texas asked seconds to the gentlewoman from man, I thank the gentleman for yield- and was given permission to revise and Maryland [Mrs. MORELLA]. ing, and I want to commend the au- extend her remarks.) Mrs. MORELLA. Mr. Chairman, I thors of this amendment. I cannot tell Ms. JACKSON-LEE of Texas. Mr. thank the gentleman for yielding, be- my colleagues how distressed I was to Chairman, I thank the gentleman from cause I think this is a terrific amend- learn that the Committee on Appro- Wisconsin [Mr. OBEY] for yielding me ment and I am very much in support of priations did not put in the request by this time. it. the administration for the full funding Let me simply say in my community Mr. Chairman, hunger is caused by of WIC. there are 109,596 women, infants, and poverty. Poverty and hunger are a vio- I have been involved in this program children in the 18th Congressional Dis- lence against humanity, whether they my entire life in the Congress of the trict on the WIC Program. Over 683,000 our in the streets of Washington, DC, United States. I have probably visited WIC recipients reside in Harris County or the villages of Iraq and Bosnia. For- more WIC clinics, more site visits, con- and will have a $1,255-million shortfall tunately, the pain and violence of hun- ducted more investigations, asked for if this amendment is not passed. ger can be reduced by appropriating ad- more studies and investigations by uni- I appreciate the bipartisan effort of ditional money to the WIC Program. versities and others of this program, the gentlewoman from New Jersey That is exactly what this amendment and the result is always the same: This [Mrs. ROUKEMA] and the gentlewoman does. I am strongly in support of it, program works. from Ohio [Ms. KAPTUR]. I withdrew and I hope this whole body will approve This program saves healthy preg- my amendment on restoring WIC funds of it. nancies. This program helps make because of the leadership of the gentle- Mr. Chairman, I want to express my support healthy babies. These pregnancies do woman from Ohio [Ms. KAPTUR], and I for the Kaptur-Riggs amendment to the sup- not know fiscal years. They do not appreciate her efforts. plemental appropriations bill that would add know carryover budgets. They do not Let us realize that we had a $300-bil- $38 million for the Special Supplemental Food know any of that. What the WIC direc- lion deficit and we are now down to Program for Women, Infants, and Children tors have done historically year in and $100 billion. Who better to spend the [WIC]. year out is provide us credible informa- money on than women, infants, and WIC is an effective prevention program that tion to run this program. They have children who only have the good sense saves on future health care costs. WIC pro- done it again this year. of this Congress to rely. I support this vides food, education, and child care to poor Mr. Chairman, we cannot interrupt amendment and the restoration of the women, infants, and children. It is estimated this funding, because if we take away $38 million for this very vital nutrition that one in five children in our country is living this program in a late-term pregnancy, program that helps feed needy families. in poverty, and five million children under the if we take away the program for a new- Mr. Chairman, I rise in support of this age of 12 go to bed hungry each month. No born, we change the manner and the amendment to H.R. 1469, the emergency sup- child in our country should go to bed hungry. ability of that child’s brain to develop. plemental appropriations bill on behalf of the Only well-nourished children reach their full We change the manner and the ability H2720 CONGRESSIONAL RECORD — HOUSE May 15, 1997 of that fetus to develop during that working so hard on this. It is an honor they are still on it. Yet, the Democrats pregnancy, and we ought to listen to to work with her. have not supported a study in the com- the WIC directors and provide for full Mr. SKEEN. Mr. Chairman, I yield 1 mittee. I would love the gentlewoman support of this amendment. minute to the gentleman from Califor- to support a study. Would the gentle- Mr. OBEY. Mr. Chairman, I yield 1 nia [Mr. CUNNINGHAM]. woman support a study? minute to the gentlewoman from Con- Mr. CUNNINGHAM. Mr. Chairman, I Mr. Chairman, I include for the necticut [Ms. DELAURO]. would like to thank the gentlewomen RECORD points against the Kaptur- Ms. DELAURO. Mr. Chairman, this is for speaking to the issue. They believe Riggs amendment. not a liberal issue. This is not a con- differently than we do, but at least TALKING POINTS AGAINST KAPTUR/RIGGS servative issue. This is an issue of val- they spoke to the issue and did not We asked USDA to give us information on ues. Who are we and what do we stand demagogue, did not do anything. impacts to the program with a $36 million for in the United States of America? We on this side feel that the money supplemental and a $76 million supple- We are talking about cereal, we are was put in, the $38 million we put in, mental. talking about milk, and we are talking and then the additional $40 million to According to USDA, participation will not about formula, and we are talking bring it to $78 million. The President change whether they get $36 million or $76 asked for $76 million, and then they million—remains at 7.4 million. about pregnant women and children. The $38 million we are providing is a sup- What the Kaptur-Roukema amend- say, what if USDA is wrong and there plemental appropriation. It is in addition to ment does is to provide necessary fund- is not enough money in there? Will we the $3.7 billion the program has already re- ing to prevent 180,000 women, infants, hurt the children? We do not think we ceived for this fiscal year. and children from being kicked out of will. They believe one way and we be- We have not reduced or cut the program. the WIC Program. These numbers are lieve the other. WIC got $3.7 billion in the fiscal year 1997 ap- not administration numbers, they are But I appreciate my colleagues on propriations bill and will get $38 million the other side. They do not stand up more in this supplemental bill. not Democratic numbers, these are Program participation fluctuates monthly. numbers that come from the States. and demagogue. They are speaking to The Dems want to keep using the October The process of seeing people thrown off the issue. We truly feel there is enough monthly participation rate of 7.47 million be- of this program has already begun in money in there to cover without in- cause it is the highest number. We should States like Arizona and Nebraska. creasing and increasing and increasing. counter with the December participation In the last several weeks, Members Mr. Chairman, I would like to thank rate of 7.28 million. have taken the case for WIC to the my colleagues on both sides of the aisle We know participation dropped from Octo- American people. We have explained for debating this without throwing in ber to December, went up in January, and dropped again in February. that WIC is a program that works, that the rhetorical information. Mr. SKEEN. Mr. Chairman, I yield 2 In a memo dated April 11, 1997 from Mary it saves the Federal Government $3 for Ann Keeffe the Acting Under Secretary for every dollar that it has invested, and minutes to the gentleman from Geor- Food and Consumer Service, she states that that it provides assistance to those in gia [Mr. KINGSTON]. her agency continues to believe that state our society that need it the most: Mr. KINGSTON. Mr. Chairman, we projections of maintaining 7.4 million par- Pregnant women and young children. I are not here to talk about the merits of ticipants is optimistic and the USDA budget thank my colleagues on the other side WIC, we are not here to talk about assumptions of 7.2 million are more realistic. of the aisle for joining. Support Kap- feeding children. Indeed, this commit- USDA plans to carryover $100 million with a $38 million supplemental. It plans to carry- tur-Roukema. Let us not gamble with tee has supported WIC to the tune of full funding last year, $3.7 billion. This over $135 million with a $76 million supple- our children’s lives. mental. committee has supported increasing b 1300 In addition, States are allowed to spend WIC $36 million. This committee has forward or carryover funds on their books. Mr. OBEY. Mr. Chairman, I yield my- supported increasing funding in the We know states spent forward over $60 mil- self 15 seconds. carryover up to $147 million. Also this lion into fiscal year 1997. Mr. Chairman, 45 years ago Franklin committee, to make sure, has asked The program needs a certain amount of Roosevelt said, ‘‘The test of our the USDA what their numbers are. I carryover because of the way the program progress is not whether we add more to have the numbers here. They are open operates. USDA has said that about a 2% the abundance of those who have much, carryover would be needed. 2% of the pro- to anybody. The number of partici- gram would be about $75 million, so there’s a it is whether we provide enough for pants at the additional $36 million is $20 to $25 million that could be used if it was those who have too little.’’ That is the 7.4 million. The number of participants really needed. simple test before us today. at the $76 million is 7.4. In this bill we give the Secretary the au- Mr. Chairman, I yield the balance of In addition, we even had an April 11, thority to use the Fund for Rural America my time to the gentlewoman from Ohio 1997, memo from Mary Ann Keeffe, the for WIC. There is a $47 million unobligated [Ms. KAPTUR]. Acting Undersecretary of Food and balance in the Fund for Rural America. The Ms. KAPTUR. Mr. Chairman, I urge Consumer Services, that states that Secretary could use these funds for WIC if my colleagues to vote for the biparti- it’s that critical. she believes the State projections of 7.4 The President’s budget submitted in Feb- san Kaptur-Roukema-Riggs-Roemer- million is optimistic, and that the ruary said carryover funds from FY96 to Quinn amendment. It provides enough USDA budget assumptions of 7.2 are FY97 would be $145 million. In a USDA table support to maintain the current par- more realistic. sent to the Committee on April 16, 1997, we ticipation level of pregnant women and In either case, Mr. Chairman, we are now find out that it was $202 million. low birthweight children around this covered without spending additional A USDA study of WIC income documenta- country. The support is paid for then dollars. My question would be, to my tion and verification policy indicates that by an offset to the NASA accounts, the friend across the aisle, would she sup- 33.3% of state agencies allow the participant to self declare income levels without docu- wind tunnel accounts, which are being port an amendment to make sure we mentation or verification. canceled. are only feeding children and not bu- Another USDA study indicates that 5.7% of Keep in mind, for a few hundred dol- reaucrats, that stipulates that none of WIC participants receive WIC benefits, but lars per participant we save, on aver- this money can be used for the bu- are not eligible. This is over $200 million age, $20,000 for children who would be reaucracy? that could be saved and used for those that admitted to hospital rooms across the Because it is time we start talking a truly need to be in the program. country with anemia, with all kinds of little bit about the WIC bureaucracy. It Ms. KAPTUR. Mr. Chairman, will the conditions, that are a direct result of is 25 percent of the overhead, which gentleman yield? poor nutrition. means they will get $15 million of this Mr. KINGSTON. I yield to the gentle- This is a wise investment for Amer- vote today, $15 million goes to bureau- woman from Ohio. ica, fully paid for, fully proven. Sup- crats, not children. It is a program Ms. KAPTUR. Mr. Chairman, would port the bipartisan Kaptur-Roukema that already 33 percent of the partici- the gentleman agree that the Governor amendment. I thank my dear col- pants are not documented or verified as of California needs the money to main- league, the gentlewoman from New being eligible, Mr. Chairman. Six per- tain current participants in this pro- Jersey, Mrs. MARGE ROUKEMA, for cent have been called ineligible, but gram? May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2721 Mr. ABERCROMBIE. Mr. Chairman, I rise WIC provides basic foods like milk, juice, joyed strong support from both sides of the today in support of the additional funding for and cereal to needy children through age 5 aisle, for the crucial role it plays in helping to the Special Supplemental Food Program for and nutrition education and supplements to ensure a healthy start in life for all kids and Women, Infants and Children [WIC] under pregnant and nursing women. The program moms. So, no one was more pleased than I H.R. 1469, the Supplemental Appropriations serves 7.4 million women and children, and was to see an arrangement worked out for this bill for FY 1997. Hawaii is among the twelve enjoys broad bipartisan support. amendment to be offered on a bipartisan states that would have to reduce current WIC As well it should: a spate of recent studies basis, providing the additional $38 million caseloads without the approval of $76 million has shown the profound significance early nu- needed to ensure that mothers and children in supplemental funds. Nearly one-third of Ha- trition has on child development. These stud- are not dropped from the WIC Program in the waii women and children who receive WIC, or ies back up twenty-two years of scientific re- coming months. We still have a great deal of 9,300 participants, would lose their access to search demonstrating that WIC is an excellent work to do, as a country, to tackle the problem nutritional assistance. Without the additional investment in our nation's future. of childhood hunger and infant mortality. Most funding, the increasing numbers of Hawaii Study after study has shown that each dol- people are surprised to learn that 19 industri- women and children who qualify for WIC may lar spent on pregnant women in the WIC pro- alized countries have lower infant death rates not receive it. gram saves up to $3.13 in Medicaid costs for than the United States. It is hard to believe Hawaii's WIC program has long served the mothers and infants in the first 60 days after that in our rich Nation proportionally more ba- low-income population of children and preg- birth and that pregnant women on Medicaid bies die before reaching their first year than in nant, postpartum, and breast-feeding women receiving WIC are less likely to deliver pre- Canada, Australia, Japan, most of Western who are at risk for nutritional deficiencies. In mature or low birth-weight babies. Volumes of Europe, and even Hong Kong and Singapore. the last year, Hawaii's WIC program has been scientific research have shown that poor child There is no reason why this should be the providing nutritious supplemental foods, quality nutrition leads to health problems and can case. We have the wherewithal and the know- nutrition education, high-risk counseling, slow learning. how to address the problem of infant mortality, breast-feeding promotion, and referrals to As the mother of four, I find these results ut- and part of the solution is a strong, effective health care and social services to 30,532 par- terly unsurprising. Simple common sense tells WIC Program. I urge my colleagues to support ticipants. This is a 13 percent increase in us that kids are our future, and they need all this amendment, and keep the WIC Program caseload over the past year. Considering the the help they can get. That's why this amend- on solid footing. slow recovery of Hawaii's economy and the ment, which provides the WIC program with Mr. SERRANO. Mr. Chairman, I rise in de- impact of welfare reform, the WIC program be- the minimum amount of funding it needs to fense of, surely, the most vulnerable sector of comes an even more valuable resource to the continue serving needy children, is so impor- our society: women, infants, and children. 50,000 women, infants and children estimated tant. In my home state of California alone, And, I rise in strong support of restoring the to be in need of the services. WIC will be unable to serve about 169,000 funding request of $76 million to the Special Earlier this month, the State of Hawaii im- moms and kids if this amendment fails. Supplemental Food Program for Women, In- plemented major cost containment strategies Mr. Chairman, the facts are clear. This fants, and Children; known as WIC. to stay within the budget provided. Current amendment is vital for our nation's children, I am deeply concerned with, and I did not WIC participants are being told to make ``best and I strongly urge my colleagues to support support, the decision of the Appropriations buys'' to do more with less money, like buying its passage. Committee to cut the funds requested for the powdered milk. These cost saving adjustments Mr. Chairman, I rise in strong support of the WIC Program in the fiscal year 1997 supple- may be difficult to implement but they are Kaptur amendment to increase funding for the mental appropriations bill. By slicing in half the much less costly than the long-term con- WIC Program by $38 million, and I commend $76 million in funding needed to avert partici- sequences of forcing 9,300 low-income my colleagues Ms. KAPTUR and Ms. ROUKEMA pation reductions of approximately 360,000 women, infants and children out of the pro- for their diligent efforts to obtain these funds. women, infants, and children, this bill will gram. WIC is a program that works. Medical re- cause 180,000 eligible participants to be Mr. BISHOP. Mr. Chairman, I would first like search has found that WIC reduces low dropped from the rolls. I ask my colleagues to to thank Ms. KAPTUR and Mrs. ROUKEMA for birthweight, infant mortality, and anemia and reconsider. their considerable hard work and persever- improves diets. WIC has also been linked to This year in New York City, for the first time ance in bringing this amendment to the floor improved cognitive development in children. At ever, the appropriation was less than the today. preceeding year. Therefore, we began the fis- I rise to express my strong support for this a time when early childhood development has cal year 1997 $6 million in the hole. According amendment which would provide a $76 million become an issue of great national attention, it to WIC Program directors in the Bronx, the im- supplemental appropriation for the Special makes no sense to withhold funding from a pact of cuts to their budgets may be devastat- Supplemental Food Program for Women, In- program that successfully addresses these de- fants and Children (WIC). The passage of this velopment issues. ing. I do not understand how a Congress that amendment will ensure that over 180,000 Both WIC participation levels and per partic- seems eager to support tens of billions of tax pregnant women, infants and children across ipant food costs have increased, yet funding cuts to many of the wealthiest individuals in the country will not be terminated from partici- for the program has not increased to meet this America through large reductions in capital pation in the WIC program. need. The $38 million supplemental will still gains taxes and taxes on the very largest es- As a member of the House Agriculture throw more than 180,000 needy women and tates cannot find $38 million to prevent poor panel which has authorizing jurisdiction over children off the program. That is 180,000 preg- children from going without the nutritional sup- nutrition, I have been a longtime supporter of nant women, malnourished infants, and vul- plements they so desperately need. I ask my the WIC program. Numerous studies, including nerable children lacking cereal, milk, formulaÐ colleagues to reconsider. one by the GAO, have reported that a dollar an astounding number of vulnerable people This bill paints a very ugly picture and the spent on WIC saves as much as $3.54. Be- forced to find other means to meet the most families of the South Bronx, New York City, cause of the preventative nature of the WIC basic nutritional needs for survival. and indeed, of our great Nation deserve more. program, these savings are primarily Medicaid At the current funding level, many States In this picture, we see families already being savings. Simply put, this supplemental appro- have had to begin cutting participants from the turned away from food pantries and soup priation amendment is just too important to the program. California WIC agencies are cur- kitchens in the Bronx. In this picture, we see continued health of far too many disadvan- rently cutting participants from the program a pregnant woman who is receiving WIC ben- taged women and the infants and children because of lack of sufficient funds to meet last efits for her unborn baby, and herself, but her they care for. year's participation levels. 2-year-old is placed on a waiting list. Of Again, I rise in support of this amendment There is nothing, nothing more important course, she will use her WIC foods to feed her and encourage my colleagues to join me in than feeding our most vulnerable, than basic 2-year-old, she is a mother, she will protect doing likewise. subsistence for the needy in our country. I her child. In this scenario, everyone suffers: Ms. HARMAN. Mr. Chairman, I rise today in urge my colleagues to support this important the mom, the 2-year-old, and the unborn baby. strong support of the bipartisan amendment amendment. This debate should not be about fiscal con- offered by my colleagues MARCY KAPTUR, Mr. HALL of Ohio. Mr. Chairman, I have al- servatism or policy differences with State offi- FRANK RIGGS, MARGE ROUKEMA, TIM ROEMER ways said that in this country no concern cials over management of the WIC Program. and JACK QUINN, which would restore full fund- should be more bipartisan than the issue of Simply, this debate should be about providing ing for the Woman, Infants and Children Pro- hungerÐespecially as it affects our children. poor women, infants, and children with milk, gram, or WIC. In that spirit, the WIC Program has long en- eggs, and juice. H2722 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Again, I ask my colleagues to reconsider McIntyre Rahall Spratt PERSONAL EXPLANATION McKinney Ramstad Stabenow and exhibit real leadership on this issue. Let McNulty Rangel Stark Mr. MICA. Mr. Chairman, on the following us renew our commitment to the families of Meehan Regula Stearns rollcall Nos., had I been present I would have this Nation by ending a strong message that Meek Reyes Stenholm voted: No. 128Ð``Yes''; No. 129Ð``Yes''; No. avoiding potential human disasters is just as Menendez Riggs Stokes 130Ð``Yes''; No. 131Ð``Yes.'' I was unavoid- Millender- Riley Strickland important as providing funding to respond to McDonald Rivers Stupak ably detained. natural disasters. Miller (CA) Rodriguez Sununu The CHAIRMAN. It is now in order to The CHAIRMAN. All time has ex- Minge Roemer Tanner consider amendment No. 2 printed in Mink Rogan Tauscher pired. Moakley Rogers Tauzin House Report 105–97. The question is on the amendment Molinari Ros-Lehtinen Taylor (MS) AMENDMENT NO. 2 OFFERED BY MR. MC KEON offered by the gentleman from Wiscon- Mollohan Rothman Thomas Mr. McKEON. Mr. Chairman, I offer Moran (KS) Roukema Thompson sin [Mr. OBEY]. Moran (VA) Roybal-Allard Thune an amendment. The question was taken; and the Morella Rush Thurman The CHAIRMAN. The Clerk will des- Chairman announced that the noes ap- Murtha Sabo Tierney ignate the amendment. Myrick Salmon Torres The text of the amendment is as fol- peared to have it. Nadler Sanchez Towns RECORDed vote Neal Sanders Traficant lows: Ney Sandlin Turner Amendment No. 2 offered by Mr. MCKEON: Mr. OBEY. Mr. Chairman, I demand a Oberstar Sawyer Upton recorded vote. Page 51, after line 23, insert the following Obey Saxton Velazquez new title: A recorded vote was ordered. Olver Schaefer, Dan Vento Ortiz Schumer Visclosky TITLE IV—COST OF HIGHER EDUCATION The vote was taken by electronic de- Owens Scott Walsh REVIEW vice, and there were—ayes 338, noes 89, Pallone Sensenbrenner Wamp SEC. 4001. SHORT TITLE; FINDINGS. not voting 6, as follows: Pappas Serrano Waters Pascrell Sessions Watt (NC) (a) SHORT TITLE.—This title may be cited [Roll No. 131] Pastor Shaw Watts (OK) as the ‘‘Cost of Higher Education Review Act AYES—338 Paul Shays Waxman of 1997’’. Payne Sherman Weldon (PA) (b) FINDINGS.—The Congress finds the fol- Abercrombie Deutsch Holden Pease Shimkus Weller Ackerman Diaz-Balart Hooley lowing: Pelosi Shuster Wexler (1) According to a report issued by the Aderholt Dicks Horn Peterson (MN) Sisisky Weygand Allen Dingell Hostettler Peterson (PA) Skaggs White General Accounting Office, tuition at 4-year Bachus Dixon Hoyer Petri Slaughter Whitfield public colleges and universities increased 234 Baesler Doggett Hulshof Pickett Smith (MI) Wise percent from school year 1980–1981 through Baldacci Dooley Hutchinson Pitts Smith (NJ) Wolf school year 1994–1995, while median house- Barcia Doyle Hyde Pomeroy Smith (TX) Woolsey hold income rose 82 percent and the cost of Barrett (NE) Duncan Jackson (IL) Porter Smith, Adam Wynn Barrett (WI) Dunn Jackson-Lee consumer goods as measured by the Portman Smith, Linda Yates Consumer Price Index rose 74 percent over Bartlett Edwards (TX) Poshard Snyder Young (AK) Bass Ehlers Jefferson Price (NC) Solomon Young (FL) the same time period. Becerra Emerson Jenkins Pryce (OH) Souder (2) A 1995 survey of college freshmen found Bentsen Engel John Quinn Spence that concern about college affordability was Bereuter English Johnson (CT) the highest it has been in the last 30 years. Berman Ensign Johnson (WI) NOES—89 (3) Paying for a college education now Berry Eshoo Johnson, E.B. Archer Dreier Nethercutt Bilbray Etheridge Jones ranks as one of the most costly investments Armey Ehrlich Neumann Bilirakis Evans Kanjorski for American families. Baker Goodlatte Northup Bishop Everett Kaptur Ballenger Goodling Norwood SEC. 4002. ESTABLISHMENT OF NATIONAL COM- Blagojevich Ewing Kasich Barr Graham Nussle MISSION ON THE COST OF HIGHER Blumenauer Farr Kelly Barton Gutknecht Oxley EDUCATION. Boehlert Fattah Kennedy (MA) Bateman Hansen Packard There is established a Commission to be Bonior Fawell Kennedy (RI) Bliley Hastings (WA) Parker known as the ‘‘National Commission on the Bono Fazio Kennelly Blunt Hefley Paxon Borski Filner Kildee Cost of Higher Education’’ (hereafter in this Boehner Herger Pickering Boswell Flake Kilpatrick title referred to as the ‘‘Commission’’). Bonilla Hilleary Pombo Boucher Foglietta Kim Brady Hoekstra Radanovich SEC. 4003. MEMBERSHIP OF COMMISSION. Boyd Foley Kind (WI) Burr Houghton Rohrabacher (a) APPOINTMENT.—The Commission shall Brown (CA) Forbes King (NY) Burton Hunter Royce be composed of 7 members as follows: Brown (FL) Ford Kleczka Buyer Inglis Ryun Brown (OH) Fowler Klink (1) Two individuals shall be appointed by Callahan Istook Sanford Bryant Fox Klug the Speaker of the House. Calvert Johnson, Sam Scarborough Bunning Frank (MA) Kolbe (2) One individual shall be appointed by the Chabot Kingston Schaffer, Bob Camp Franks (NJ) Kucinich Minority Leader of the House. Chenoweth Knollenberg Shadegg Campbell Frelinghuysen LaFalce Coble Largent Skeen (3) Two individuals shall be appointed by Canady Frost LaHood Coburn Lewis (CA) Smith (OR) the Majority Leader of the Senate. Cannon Furse Lampson Collins Linder Snowbarger (4) One individual shall be appointed by the Capps Gallegly Lantos Combest Livingston Stump Cardin Ganske Latham Minority Leader of the Senate. Cox Manzullo Talent Carson Gejdenson LaTourette (5) One individual shall be appointed by the Crane McCrery Taylor (NC) Castle Gekas Lazio Secretary of Education. Crapo McInnis Thornberry Chambliss Gephardt Leach (b) ADDITIONAL QUALIFICATIONS.—Each of Deal McIntosh Tiahrt Christensen Gibbons Levin DeLay McKeon Weldon (FL) the individuals appointed under subsection Clay Gilchrest Lewis (GA) Dickey Metcalf Wicker (a) shall be an individual with expertise and Clayton Gillmor Lewis (KY) Doolittle Miller (FL) experience in higher education finance (in- Clement Gilman Lipinski cluding the financing of State institutions of Clyburn Gonzalez LoBiondo NOT VOTING—6 Condit Goode Lofgren higher education), Federal financial aid pro- Conyers Gordon Lowey Andrews Mica Skelton grams, education economics research, public Cook Goss Lucas Hefner Schiff Watkins or private higher education administration, Cooksey Granger Luther or business executives who have managed Costello Green Maloney (CT) b successful cost reduction programs. Coyne Greenwood Maloney (NY) 1502 (c) CHAIRPERSON AND VICE CHAIRPERSON.— Cramer Gutierrez Manton Messrs. MANZULLO, PAXON, and Cubin Hall (OH) Markey The members of the Commission shall elect Cummings Hall (TX) Martinez LARGENT changed their vote from a Chairman and a Vice Chairperson. In the Cunningham Hamilton Mascara ‘‘aye’’ to ‘‘no.’’ absence of the Chairperson, the Vice Chair- Danner Harman Matsui Messrs. LEWIS of Kentucky, person will assume the duties of the Chair- Davis (FL) Hastert McCarthy (MO) CRAMER, BACHUS, RILEY, person. Davis (IL) Hastings (FL) McCarthy (NY) ADERHOLT, and EVERETT changed (d) QUORUM.—A majority of the members of Davis (VA) Hayworth McCollum the Commission shall constitute a quorum DeFazio Hill McDade their vote from ‘‘no’’ to ‘‘aye.’’ for the transaction of business. DeGette Hilliard McDermott So the amendment was agreed to. Delahunt Hinchey McGovern (e) APPOINTMENTS.—All appointments DeLauro Hinojosa McHale The result of the vote was announced under subsection (a) shall be made within 30 Dellums Hobson McHugh as above recorded. days after the date of enactment of this Act. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2723 In the event that an officer authorized to data on tuition trends and other costs of op- institutions, and individuals for the purpose make an appointment under subsection (a) erating colleges and universities. of conducting research or surveys necessary has not made such appointment within such (9) The extent to which student financial to enable the Commission to discharge the 30 days, the appointment may be made for aid programs have contributed to changes in Commission’s duties under this title. such officer as follows: tuition. (f) STAFF.—Subject to such rules and regu- (1) the Chairman of the Committee on Edu- (10) Trends in State fiscal policies that lations as may be adopted by the Commis- cation and the Workforce may act under have affected college costs. sion, and to such extent and in such amounts such subsection for the Speaker of the House (11) The adequacy of existing Federal and as are provided in appropriation Acts, the of Representatives; State financial aid programs in meeting the Chairperson of the Commission shall have (2) the Ranking Minority Member of the costs of attending colleges and universities. the power to appoint, terminate, and fix the Committee on Education and the Workforce (12) Other related topics determined to be compensation (without regard to the provi- may act under such subsection for the Mi- appropriate by the Commission. sions of title 5, United States Code, govern- nority Leader of the House of Representa- (b) FINAL REPORT.— ing appointments in the competitive service, tives; (1) IN GENERAL.—Subject to paragraph (2), and without regard to the provisions of chap- (3) the Chairman of the Committee on the Commission shall submit to the Presi- ter 51 and subchapter III of chapter 53 of such Labor and Human Resources may act under dent and to the Congress, not later than 120 title, or of any other provision, or of any such subsection for the Majority Leader of days after the date of the first meeting of other provision of law, relating to the num- the Senate; and the Commission, a report which shall con- ber, classification, and General Schedule (4) the Ranking Minority Member of the tain a detailed statement of the findings and rates) of an Executive Director, and of such Committee on Labor and Human Resources conclusions of the Commission, including additional staff as the Chairperson deems ad- may act under such subsection for the Mi- the Commission’s recommendations for ad- visable to assist the Commission, at rates nority Leader of the Senate. ministrative and legislative action that the not to exceed a rate equal to the maximum (f) VOTING.—Each member of the Commis- Commission considers advisable. rate for level IV of the Executive Schedule sion shall be entitled to one vote, which (2) MAJORITY VOTE REQUIRED FOR REC- under section 5332 of such title. shall be equal to the vote of every other OMMENDATIONS.—Any recommendation de- SEC. 4006. FUNDING OF COMMISSION. member of the Commission. scribed in paragraph (1) shall be made by the (a) APPROPRIATION.—There is appropriated, (g) VACANCIES.—Any vacancy on the Com- Commission to the President and to the Con- out of any money in the Treasury not other- mission shall not affect its powers, but shall gress only if such recommendation is adopt- wise appropriated, for fiscal year 1997 for car- be filled in the manner in which the original ed by a majority vote of the members of the rying out this title, $650,000, to remain avail- appointment was made. Commission who are present and voting. able until expended, or until one year after (h) PROHIBITION OF ADDITIONAL PAY.—Mem- (3) EVALUATION OF DIFFERENT CIR- the termination of the Commission pursuant bers of the Commission shall receive no addi- CUMSTANCES.—In making any findings under to section 4007, whichever occurs first. tional pay, allowances, or benefits by reason subsection (a) of this section, the Commis- (b) RESCISSION.—Of the funds made avail- of their service on the Commission. Members able for ‘‘DEPARTMENT OF EDUCATION— appointed from among private citizens of the sion shall take into account differences be- Federal Family Education Loan Program United States may be allowed travel ex- tween public and private colleges and univer- Account’’ in the Departments of Labor, penses, including per diem, in lieu of subsist- sities, the length of the academic program, Health and Human Services, and Education, ence, as authorized by law for persons serv- the size of the institution’s student popu- and Related Agencies Appropriations Act, ing intermittently in the government service lation, and the availability of the institu- 1997 (as contained in section 101(e) of division to the extent funds are available for such ex- tion’s resources, including the size of the in- A of Public Law 104–208), $849,000 is re- penses. stitution’s endowment. (i) INITIAL MEETING.—The initial meeting SEC. 4005. POWERS OF COMMISSION. scinded. of the Commission shall occur within 40 days (a) HEARINGS.—The Commission may, for SEC. 4007. TERMINATION OF COMMISSION. after the date of enactment of this Act. the purpose of carrying out this title, hold The Commission shall cease to exist on the SEC. 4004. FUNCTIONS OF COMMISSION. such hearings and sit and act at such times date that is 60 days after the date on which (a) SPECIFIC FINDINGS AND RECOMMENDA- and places, as the Commission may find ad- the Commission is required to submit its TIONS.—The Commission shall study and visable. final report in accordance with section make findings and specific recommendations (b) RULES AND REGULATIONS.—The Commis- 4004(b). regarding the following: sion may adopt such rules and regulations as The CHAIRMAN. Pursuant to House (1) The increase in tuition compared with may be necessary to establish the Commis- Resolution 149, the gentleman from other commodities and services. sion’s procedures and to govern the manner California [Mr. MCKEON] and a Member (2) Innovative methods of reducing or sta- of the Commission’s operations, organiza- opposed will each control 5 minutes. bilizing tuition. tion, and personnel. The Chair recognizes the gentleman (3) Trends in college and university admin- (c) ASSISTANCE FROM FEDERAL AGENCIES.— from California [Mr. MCKEON]. istrative costs, including administrative (1) INFORMATION.—The Commission may re- staffing, ratio of administrative staff to in- quest from the head of any Federal agency or Mr. MCKEON. Mr. Chairman, I yield structors, ratio of administrative staff to instrumentality such information as the myself such time as I may consume. students, remuneration of administrative Commission may require for the purpose of In today’s technology and informa- staff, and remuneration of college and uni- this title. Each such agency or instrumental- tion-based economy, getting a high versity presidents or chancellors. ity shall, to the extent permitted by law and quality postsecondary education is (4) Trends in (A) faculty workload and re- subject to the exceptions set forth in section more important than ever. For many muneration (including the use of adjunct 552 of title 5, United States Code (commonly Americans it is the key to the Amer- faculty), (B) faculty-to-student ratios, (C) referred to as the Freedom of Information ican Dream. number of hours spent in the classroom by Act), furnish such information to the Com- That is why it is truly alarming to faculty, and (D) tenure practices, and the im- mission, upon request made by the Chair- pact of such trends on tuition. person of the Commission. realize the cost of pursuing a post- (5) Trends in (A) the construction and ren- (2) FACILITIES AND SERVICES, PERSONNEL DE- secondary education has increased ovation of academic and other collegiate fa- TAIL AUTHORIZED.—Upon request of the three times as fast as family incomes cilities, and (B) the modernization of facili- Chairperson of the Commission, the head of over the last 15 years. This trend is es- ties to access and utilize new technologies, any Federal agency or instrumentality shall, pecially alarming in that it only seems and the impact of such trends on tuition. to the extent possible and subject to the dis- to apply to higher education. There are (6) The extent to which increases in insti- cretion of such head— many endeavors and many businesses tutional financial aid and tuition discount- (A) make any of the facilities and services that must keep pace with changing ing have affected tuition increases, including of such agency or instrumentality available the demographics of students receiving such to the Commission; and technologies and Federal regulations. aid, the extent to which such aid is provided (B) detail any of the personnel of such However, in order to stay affordable to to students with limited need in order to at- agency or instrumentality to the Commis- their customers and stay competitive tract such students to particular institu- sion, on a nonreimbursable basis, to assist in the market, they manage to hold tions or major fields of study, and the extent the Commission in carrying out the Commis- cost increases to a reasonable level. to which Federal financial aid, including sion’s duties under this title. The amendment I am offering today loan aid, has been used to offset such in- (d) MAILS.—The Commission may use the will establish a commission on the cost creases. United States mails in the same manner and of higher education. This commission (7) The extent to which Federal, State, and under the same conditions as other Federal will have a very short lifespan. Over a local laws, regulations, or other mandates agencies. contribute to increasing tuition, and rec- (e) CONTRACTING.—The Commission, to 4-month period, it will study the rea- ommendations on reducing those mandates. such extent and in such amounts as are pro- sons why tuitions have risen so quickly (8) The establishment of a mechanism for a vided in appropriation Acts, may enter into and dramatically, and report on what more timely and widespread distribution of contracts with State agencies, private firms, schools, the administration and the H2724 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Congress can do to stabilize or reduce First of all, with all due respect to So I have some concern about the tuitions. the gentleman and my friend from outcomes of that and I hope we can ju- Time is short. Over the coming year California, I think many of us are very, diciously look for that money that we will reauthorize the Higher Edu- very concerned about the cost of tui- does not hurt our efforts to collect on cation Act, which will provide $35 bil- tions at our colleges. I just had a bipar- debt service that is owed on the stu- lion in student financial aid this year tisan hearing back home in Indiana dent loan program. alone. We need this commission up and with the gentleman from Michigan Mr. OBEY. Mr. Chairman, I yield running now so that its recommenda- [Mr. UPTON], and we heard that parents such time as he may consume to the tions will be useful for the reauthoriza- are concerned about this. But we also gentleman from Tennessee [Mr. FORD]. tion. want to make sure that the commis- Mr. FORD. Mr. Chairman, I thank The amendment I am offering pro- sion that studies it is equitable, fairly the gentleman from California [Mr. vides $650,000 maximum for the com- balanced, and includes the administra- MCKEON], and, of course, the ranking mission to carry out its work. My tion. member on this side of the aisle, and amendment would fully pay for the Back in 1986, when a similar study thank even the gentleman from Indi- cost of the commission by using admin- was put together, with Democrats in ana [Mr. ROEMER] for his leadership. istrative funds provided for the Federal control of the House and a Republican The commission is certainly needed, Family Education Loan Program. In President, five of the appointments, but I also have some of the same res- return, we will get the answers to the Mr. Chairman, five, were given to the ervations and concerns, and I am hope- questions my colleagues and I hear all Republican President. Today, the ful that the gentleman from California, the time from parents and students: White House gets one appointment. to whom I have expressed my support ‘‘Why are college prices rising so Now, that is not balanced. That is not for this commission, and we will all be quickly and will I be able to afford to equity. That is not fairness. So I would able to work some of these differences go to college?’’ strongly oppose the composition of this out. Certainly the representational issue, This legislation was reported from commission and urge us in conference the composition of administration offi- the Committee on Education and the to change that. cials and of congressional appointees is Workforce by a unanimous-voice vote Finally, if we cannot change that, one of concern. I am hopeful, as I am and passed by the whole House in the Mr. Chairman, $650,000 for a study sure the chairman is, and I take the same way yesterday. It is bipartisan, would provide for 382 Pell grants at the liberty to speak on behalf of him be- revenue neutral, and essential if we are average Pell grant of about $1,700. So if cause I know he shares a deep concern to reauthorize the Higher Education we cannot fix this, instead of studying about the rising cost of tuition in this Act in a way that truly helps parents it, maybe what we should do is put the study money toward real people of 382 Nation, that we can begin to study and and students afford higher education. to look at ways to curb some of that so I urge my colleagues to join me in Pell grant recipients and do it the we make sure families and young peo- this effort and I urge a ‘‘yes’’ vote on right way. So, while the study and the intention ple have these opportunities as they this amendment. is probably good, the composition is move forward. Mr. Chairman, I reserve the balance bad and it is unfairly biased against So I appeal to the chairman, and I of my time. the White House. certainly say to the leadership on my The CHAIRMAN. Is the gentleman Mr. OBEY. Mr. Chairman, how much side, that I thank them for their lead- from Wisconsin [Mr. OBEY] opposed to time do I have remaining? ership and I hope we can work many of the amendment? The CHAIRMAN. The gentleman these differences out. Mr. OBEY. I am, Mr. Chairman. from Wisconsin [Mr. OBEY] has 2 min- The CHAIRMAN. The gentleman The CHAIRMAN. The Chair recog- utes remaining. from California [Mr. MCKEON] has 3 nizes the gentleman from Wisconsin Mr. OBEY. Mr. Chairman, I yield minutes remaining. [Mr. OBEY] for 5 minutes. such time as he may consume to the Mr. MCKEON. Mr. Chairman, I yield 1 Mr. OBEY. Mr. Chairman, I yield my- gentleman from Texas [Mr. GREEN]. minute to the gentleman from Penn- self such time as I may consume, and I Mr. GREEN. Mr. Chairman, I join in sylvania [Mr. GOODLING]. rise in opposition to this amendment. the comments of my colleague from In- Mr. GOODLING. Mr. Chairman, I I do not support the amendment as it diana in my concern about the makeup thank the gentleman for yielding me stands because, while I certainly have of the commission. I am glad there is this time. no objection to reviewing ways to con- an agreement to fix it. First, I want to point out that this trol the cost of tuition in college, I I do have some concern, however. In commission idea was run by the admin- think that the makeup of the commis- fact, I was one of the original request- istration. The administration did not sion as it is presently constituted in ers of the GAO report when I served on ask for any more people and did not the gentleman’s amendment, frankly, the committee that the gentleman want any more people because they is a very unbalanced one, and I think from California chairs that detailed thought it was a congressional inves- because of that the commission would the increases in higher education last tigating committee, not an administra- have virtually no credibility as it now year. tive one. stands. I have some concern with the reduc- Second, I want to point out that Nonetheless, I am willing not to tion and where the money is coming there is $46 million in the FFEL admin- press this matter to a vote at this time from, the $849,000, in the Federal fam- istrative account. All we are asking is because of understandings that we have ily education loan administrative ac- for $650,000. There is $46 million there. reached with the majority on the com- count. I am concerned it will undercut Let me say there are two things we mittee that the makeup of this com- the Department of Education’s effort hear as we travel around on the reau- mission will be addressed in conference on debt collection efforts. thorization of this program. One, the to assure that we have an acceptable The FFEL administration currently parents say that if we let them keep balance by the time we leave con- funds a major portion of the Stafford more of their money, they will take ference. Perkins Data Systems contract, which care of financing. And the college peo- I know there is substantial concern processes default claims from lenders ple say over and over again, and this on this side of the aisle about both the and guaranty agencies and supports blows my mind, that the reason the source of the funding for that commis- the defaulted loan collection program. costs have gone up 200-and-some per- sion and the makeup of that commis- So that is why I am so concerned. cent for the cost of a college education, sion. I know typically in our process, if we and inflation has only gone up 70 per- Mr. Chairman, I yield such time as he provide additional oversight, for every cent and take-home pay 80 percent, is may consume to the gentleman from $1 we provide we get back $5 in debt because they have to have a sticker Indiana [Mr. ROEMER]. collection. But if we are taking away price and then they have to have a dis- Mr. ROEMER. Mr. Chairman, I thank $849,000, I worry, are we losing a cor- count price. the gentleman for yielding me this responding amount of $5 million in not What that has to do with the cost of time. having the $849,000? increasing college education blows my May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2725 mind. They ought to get rid of their think we have to be very careful how here to others. It is simply a plea for discount price and stick to their stick- we spend our money. But the problem equity to my colleagues in the Con- er price. has been outlined, and what we have gress, that they would treat another MCKEON. Mr. Chairman, I yield 1 done is tried to keep a small efficient small county on a small item in the minute to the gentleman from Dela- number in the Commission. We have bill but a very big item to that county. ware [Mr. CASTLE], the former Gov- seven people, four appointed by the ma- I hope my colleagues will support it. ernor of that State. jority, three appointed by the minor- Mr. Chairman, I rise today to offer an Mr. CASTLE. Mr. Chairman, I rise in ity. We think that we will be able to amendment which would make available up to support of the amendment. get the work done efficiently on a cost- $300,000 to reimburse Monroe County, MI for To help put this in perspective, I ob- effective basis and come back with costs associated with the crash this past Janu- tained Consumer Price Indexes for se- some ways that we can help to solve ary of Comair flight 3272, which claimed the lected items between 1984 and 1994. In this problem. lives of 29 passengers and crew. this 10-year timeframe, the price of ce- When Comair flight 3272 fell from the sky b 1515 reals increased by 34.8 percent, the late in the afternoon January 9, an emergency price of sirloin steaks increased by 37.5 I think it is something that the peo- situation befell local officials in Monroe Coun- percent, the price of coffee increased ple of this country are really paying ty, MI which called for immediate and swift re- by 40.4 percent, the price of housing in- attention to. They have real concerns, sponse. Like some counties its size, Monroe creased by 44.8 percent, the price of those who have students in college, County had trained personnel who performed transportation increased by 34.3 per- those who are students in college, ably and admirably in the hours following the cent, the price of energy by 4.6 percent, those who have children who will be crash. The first mission was to determine how medical care increased by 111 percent, going to college, something very im- to help the victims' that mission was quickly and the price of college tuition in- portant to the people of this Nation. I surpassed by the stark reality that there were creased by 149 percent. urge all Members to support this no survivors. At that point attention was turned Clearly, the issue of rising tuition as amendment. to the grim task of victim and wreckage recov- it relates to affordable higher edu- The CHAIRMAN. The question is on ery, along with the collection of data and other cation needs serious and careful consid- the amendment offered by the gen- clues to determine the cause of the accident. eration. H.R. 914 would do this. It tleman from California [Mr. MCKEON]. For the first few hours after the tragedy, would lay out the problem for us and The amendment was agreed to. local authorities took control of the scene and the solutions, and I encourage each and The CHAIRMAN. It is now in order to attempted to secure the site. After several every one of us to support it and to consider amendment No. 3 printed in hours, Federal officials from the National help all of our young people get a col- House Report 105–97. Transportation Safety Board [NTSB] arrived in lege education. AMENDMENT OFFERED BY MR. DINGELL Monroe County and took command of recov- Mr. BARRETT of Nebraska. Mr. Chairman, Mr. DINGELL. Mr. Chairman, I offer ery and investigation efforts over the next sev- I rise in support of Mr. MCKEON's amendment an amendment. eral days. Much of their work was performed to authorize the establishment of the National The CHAIRMAN. The Clerk will des- outdoors under extremely cold and windy con- Commission on the Cost of Higher Education, ignate the amendment. ditions, necessitating special efforts to procure and provide it with $650,000 in funding. The text of the amendment is as fol- mobile morgues, heaters, and other equipment It is important to note, of course, that Mr. lows: so Federal efforts could continue. MCKEON fully offsets the funding for this new Amendment No. 3 offered by Mr. DINGELL: Just a few weeks ago, I received from Mon- Commission by rescinding $849,000 from the page 23, line 2, insert before the period the roe County a summary of the costs associated Federal Family Education Loan Program ac- following: with the crash. It is important to note that count. We should also note that the House : Provided further, That, notwithstanding any some of the outstanding costs are subject to has actually already cleared an authorization other provision of law, of the unobligated continued negotiation with the airline and its balances under this heading from amounts insurance carrier. I believe very strongly that for this Commission with passage, under sus- made available in this or any other Act for pension of the rules this past Tuesday, of H.R. fiscal year 1997 or any prior fiscal year, Federal taxpayers should not be made liable 914, the Higher Education Technical Amend- $300,000 shall be made available to Monroe for costs legitimately belonging to air carriers, ments. County, Michigan, as reimbursement for and I hope that Comair and other air carriers Normally, I'm not thrilled with the idea of costs incurred in connection with the crash do not misconstrue this amendment to mean commissions as I said last Tuesday, in this of Comair Flight 3272 relief from their financial obligations to the vic- case, the fact that the Commission has to pro- The CHAIRMAN. Pursuant to House tims and families of air disasters. I have been vide Congress with its findings within 4 Resolution 149, the gentleman from informed that underwriters have recently been months, means Congress will have an oppor- Michigan [Mr. DINGELL] and a Member prevented from meeting with the NTSB by tunity to review its recommendations during opposed will each control 5 minutes. their air carrier clients. If true, such action con- our consideration of the Higher Education Act. The Chair recognizes the gentleman tradicts the intent of Congress, which had As I indicated earlier, since 1980, the cost from Michigan [Mr. DINGELL]. hoped that air carriers would be more respon- of 4-year public colleges and universities has (Mr. DINGELL asked and was given sive, not less responsive to families. If such a increased by 234 percent, and tuition at pri- permission to revise and extend his re- move signals a lack of cooperation on the part vate 4-year institutions has risen more than 8 marks.) of air carriers, Congress may have to send a percent annually. Mr. DINGELL. Mr. Chairman, I yield strongerÐand perhaps a more stringentÐsig- Yet the causes for these increased tuition myself 2 minutes. nal to the airlines to gain the cooperation we costs, and whether Federal policies or pro- Mr. Chairman, this is a very simple anticipated last year. grams contribute to these increases, are very amendment. There are $23 million to Last year Congress approved legislation, complex and deserve study. Parents and stu- cover two major air crashes which oc- the Aviation Disaster Family Assistance Act, dents deserve to know what can be done by curred in the United States, the which required the National Transportation colleges and universities, States, and the Fed- ValuJet crash in Miami and the TWA Safety Board to coordinate more help for air eral Government, to help bring these costs crash off Long Island. This would treat disaster victims and families. I was an early under control, before the dream of going to another crash in the same fashion, and strong supporter of this act, which be- college slips away from our best and brightest. making available $300,000 for the costs came law in response to many horror stories I congratulate Subcommittee Chairman incurred by the county of Monroe, a shared with Members regarding poor treat- MCKEON, full Committee Chairman GOODLING, small county in Michigan, for their co- ment of families by airline and airport person- for working to put the Commission to work so operation in terms of assistance, res- nel, government officials and lawyers. Thank- that we may have the product of that work, cue, search and other activities includ- fully, this new law corrects some of those during the debate on reauthorizing the Higher ing cleanup. abuses. However, we instructed the NTSB to Education Act later this year. It would treat Monroe no differently take on this mission without providing the Mr. MCKEON. Mr. Chairman, I yield than it would treat the other commu- funding necessary to support the new tasks, myself the balance of my time. nities and States which were involved while failing to make more clear the respon- Normally, I am against commissions. in cleanups of this kind and it would sibilities of air carriers and their underwriters I am a strong fiscal conservative, and I afford them no benefits not available following such disasters. H2726 CONGRESSIONAL RECORD — HOUSE May 15, 1997 The crash of Comair flight 3272 was the first The amendment was agreed to. head to assist housing used as temporary real test of the new family disaster assistance The CHAIRMAN. It is now in order to housing for families affected by such flood- law, and I would agree with those colleagues consider Amendment No. 4 printed in ing and disasters, the Secretary of Housing House Report 105–97. and Urban Development shall waive (during who have concerns about the manner in which the period, and to the extent, that such hous- the liability and cost issues are being settled. AMENDMENT NO. 4 OFFERED BY MR. THUNE ing is used for such temporary housing) the I believe that the proper authorizing commit- Mr. THUNE. Mr. Chairman, I offer an requirements that the housing meet the in- tee, working with the Appropriations Commit- amendment. come targeting requirements under section tee, should review the Comair case to deter- The CHAIRMAN. The Clerk will des- 214 of such Act, the requirements that the mine how to make certain the new law works ignate the amendment. housing qualify as affordable housing under as intended. Also very important is clarification The text of the amendment is as fol- section 215 of such Act, and the requirements to determine how disaster costs will be settled lows: for documentation regarding family income and housing status and shall permit families and paid by responsible parties in a consist- Amendment No. 4 offered by Mr. THUNE: to self-certify such information: Provided fur- ent, swift, and fair manner. Page 27, after line 23, insert the following: ther, That the Secretary of Housing and The legislation before us attempts to help COMMUNITY PLANNING AND Urban Development may make a grant from remedy the problem by providing more than DEVELOPMENT the amount provided under this head to re- $23 million in emergency assistance to com- COMMUNITY DEVELOPMENT BLOCK GRANTS store electrical and natural gas service to munities which have suffered these disasters. FUND areas damaged by the flooding and natural My amendment simply tries to make certain For an additional amount for ‘‘Community disasters: Provided further, That the entire that Monroe County is dealt with in a manner development block grants fund’’ as author- amount made available under this head is that is consistent with the existing situation. ized under title I of the Housing and Commu- designated by the Congress as an emergency nity Development Act of 1974, $500,000,000, to requirement pursuant to section Mr. Chairman, when disaster struck Monroe 251(b)(2)(D)(i) of the Balanced Budget and County in January, local officials and citizens remain available until September 30, 2000, for use only for buy-outs, relocation, long-term Emergency Deficit Control Act of 1985, as responded in a selfless and heroic way to recovery, and mitigation in communities af- amended. come to the aid of those in need. This Sun- fected by the flooding in the upper Midwest Page 28, line 5, after the dollar figure in- day, a memorial service will be held in Monroe and other disasters in fiscal year 1997 and sert the following: (reduced by $500,000,000) to remember those who died, give comfort to such natural disasters designated 30 days the families, and provide a chance for those prior to the start of fiscal year 1997: Provided, The CHAIRMAN. Pursuant to House local people whose lives were touched by dis- That in administering these amounts, the Resolution 149, the gentleman from aster to reflect on a tragic experience. I be- Secretary may waive, or specify alternative South Dakota [Mr. THUNE] and a Mem- lieve that when the Federal Government plays requirements for, any provision of any stat- ber opposed will each control 5 min- ute or regulation that the Secretary admin- a role in addressing the needs and concerns utes. isters in connection with the obligation by The Chair recognizes the gentleman of aircraft accident victims' families, as called the Secretary or the use by the recipient of for in Federal law, we should not expect local from South Dakota [Mr. THUNE]. these funds, except for statutory require- Mr. THUNE. Mr. Chairman, I yield communities to pick up the tab. I would hope ments related to civil rights, fair housing myself such time as I may consume. and nondiscrimination, the environment, that Congress will show its support and soli- For those who have seen the extent darity with Monroe by making certain that Fed- and labor standards, upon a finding that such waiver is required to facilitate the use of of the damage in the Upper Midwest, in eral assistance pays for Federal requirements the States of South Dakota, Min- associated with investigating the Comair such funds, and would not be inconsistent with the overall purpose of the statute: Pro- nesota, and North Dakota, they will crash. vided further, That the Secretary of Housing understand the need for this amend- I urge my colleagues to support my amend- and Urban Development shall publish a no- ment. For many areas there they expe- ment to provide a small measure of assistance tice in the Federal Register governing the rienced a 500-year flood. to a county that responded without hesitation use of community development block grant Without question, the time to act is to the urgent requests for help from a Federal funds in conjunction with any program ad- now. $500 million may seem like a lot agency. Once that job is done, I look forward ministered by the Director of the Federal of money, but we are talking about a to sharing my views with the chairman and Emergency Management Agency for buyouts for structures in disaster areas: Provided fur- very extreme situation. We are also ranking member of the Transportation and In- talking about a people with a pioneer frastructure Committee so that disasters of the ther, That for any funds under this head used for buyouts in conjunction with any program spirit that ask only when in dire need. sort which struck Monroe County will be han- administered by the Director of the Federal They are now in dire need. dled with the utmost care, efficiency, and ac- Emergency Management Agency, each State The Federal Reserve Bank of Min- countability. or unit of general local government request- neapolis estimates the Red River Val- Mr. LIVINGSTON. Mr. Chairman, ing funds from the Secretary of Housing and ley of North Dakota and Minnesota has will the gentleman yield? Urban Development for buyouts shall submit sustained between $1.2 and $1.8 billion Mr. DINGELL. I yield to the gen- a plan to the Secretary which must be ap- in damages. Minnesota alone estimates tleman from Louisiana. proved by the Secretary as consistent with up to $375 million in damages as a re- the requirements of this program: Provided Mr. LIVINGSTON. Mr. Chairman, the sult of the flooding. gentleman is absolutely correct. Fair- further, That the Secretary of Housing and Urban Development and the Director of the In my State of South Dakota, the ness dictates that if we are going to do Federal Emergency Management Agency City of Watertown estimates damages this for the people in Florida after the shall submit quarterly reports to the House at over $60 million. Flooding there has devastating crash of ValuJet in Florida and Senate Committees on Appropriations forced 5,000 families from their homes. and if we are going to do it in New on all disbursement and use of funds for or The State of South Dakota has already York after the devastating crash of associated with buyouts: Provided further, tacked on an additional 3 cents per gal- TWA there, we ought to treat the gen- That, hereafter, for any amounts made avail- lon fuel tax to help address highway tleman’s district the same. We have no able under this head and for any amounts funding needs. objection to the gentleman’s amend- made available for any fiscal year under title The Speaker, after viewing the dam- I of the Housing and Community Develop- ment. ment Act of 1974 that are in communities af- age, asked me and other Members such Mr. OBEY. Mr. Chairman, will the fected by the flooding and disasters referred as the gentleman from North Dakota gentleman yield? to in this head for activities to address the [Mr. POMEROY], the gentleman from Mr. DINGELL. I yield to the gen- damage resulting from such flooding and dis- Minnesota [Mr. PETERSON], the gen- tleman from Wisconsin. asters, the Secretary of Housing and Urban tleman from Minnesota [Mr. RAMSTAD], Mr. OBEY. Mr. Chairman, let me say Development shall waive the requirement the gentleman from Minnesota [Mr. that on this side of the aisle we also under such title that the activities benefit GUTKNECHT], many of us who toured have no objection to the amendment persons of low- and moderate-income and the the area, to come up with a solution and are willing to accept it. requirements that grantees and units of gen- that might somehow deliver in the Mr. DINGELL. Mr. Chairman, I yield eral local government hold public hearings: Provided further, That, hereafter, for any most expeditious fashion assistance to back the balance of my time. amounts made available for any fiscal year the area that really needs it. Many The CHAIRMAN. The question is on under the HOME Investment Partnerships models were examined. the amendment offered by the gen- Act that are used in communities affected by Because of the demands of time, we tleman from Michigan [Mr. DINGELL]. the flooding and disasters referred to in this agreed that the most effective means May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2727 of delivering relief to those that need it to a vote as well, but let me simply RAMSTAD], the Speaker, the chairman would be through modifications to the suggest I do think there are some prob- and everybody else for helping on this. Community Development Block Grant lems with the gentleman’s amendment Mr. THUNE. Mr. Chairman, I yield program. The CDBG program would that are going to have to be fixed in myself such time as I may consume. allow Washington to get the tools of conference. I would also say to the gentleman recovery into the hands of State and I do not understand, for instance, from Wisconsin that we would be happy local officials to address their most im- why it was necessary to make a perma- to work with the gentleman in con- mediate and urgent needs. nent change in law, forcing the Sec- ferences to address concerns he might While the process brings important retary of HUD to waive the require- have. The objectives here is to get the streamlining provisions to disaster re- ment that HUD’s disaster assistance assistance as quickly as we can into lief, it does provide sufficient account- benefit only low and moderate income the hands of the people who need it, ability by requiring reports to be sub- persons. I am also concerned about with as much flexibility to the Gov- mitted from applicants. The amend- forcing the Secretary to waive the re- ernors and the local officials that are ment requires submission of a use and quirement to hold public hearings. I involved. recovery plan, quarterly reporting by am also concerned about what appears Mr. LEWIS of California. Mr. Chair- the Secretary of HUD and the Director to be an intent to allow HUD to make man, will the gentleman yield? Mr. THUNE. I yield to the gentleman of FEMA to House and Senate appro- grants, not loans, to privately owned from California [Mr. LEWIS], the distin- priations committees. for-profit utilities. Lastly, I am con- guished chairman of the Subcommittee CDBG provides a faster, more effi- cerned about what appears to be the in- on VA, HUD and Independent Agencies. cient approach to hazard mitigation. tent of the amendment to change the Mr. LEWIS of California. I very much The region of the country we are deal- longstanding process of assuring that appreciate my colleague yielding. ing with has an extremely short con- CDBG funds can be used to assist busi- I am rising really to compliment the struction season. The amount of work nesses damaged by disasters, to the ex- gentleman for the work that he is that must be done to rehabilitate the tent such businesses are declined loans doing, bringing the critical problem area is massive. The FEMA hazard by the SBA administration or because here to our attention the way he has. mitigation program has too much of a they need assistance above the SBA FEMA, under current law, has some time lag for people to rebuild. loan limits. difficulty in terms of providing the sort The CDBG would allow these commu- I do not want to hold up this amend- of money flows that are needed in this nities to complete their hazard mitiga- ment, so I will not object at this point, case. The gentleman has given us an tion plans. CDBG would also allow but I think that these are problems opportunity at least to solve this prob- State and local economic development that are going to have to be worked lem by way of the conference. We in- organizations to supplement aid to out, I would say to the gentleman, be- tend to review a number of the tech- small businesses, allowing them to give fore people are going to be com- nical questions that were raised by the hope to the thousands who have been fortable; in addition to the fact that I gentleman from Wisconsin. I want to out of work. think the money is taken out of what compliment the gentleman, the gen- The waivers that apply under our we would consider to be the wrong pot, tleman from North Dakota [Mr. amendment only apply to the disaster because it also means that FEMA will POMEROY] and the gentleman from relief effort outlined in this package. have less than $200 million available Minnesota [Mr. PETERSON] for their The waivers would also allow the Sec- for any pending hurricanes that occur work on this matter. retary of HUD to waive the traditional for the rest of the year which could Mr. RAMSTAD. Mr. Chairman, will reporting requirements. The waivers cause considerable problems to other the gentleman yield? would allow alternative reporting and parts of the country. Mr. THUNE. I yield to the gentleman compliance for this disaster situation Mr. Chairman, I yield 1 minute to the from Minnesota. only. gentleman from Minnesota [Mr. PETER- Mr. RAMSTAD. I thank the gen- Mr. Chairman, we have had the op- SON]. tleman for yielding. portunity to deal with the governors, Mr. PETERSON of Minnesota. Mr. Mr. Chairman, I rise in strong sup- the mayors, the officials from around Chairman, as I indicated earlier, our port of this amendment. When a group there as well as with the many people entire town of East Grand Forks has of us with the Speaker toured the dev- who have been affected. We have seen been under water. This is the residen- astated Red River Valley to see the the disaster firsthand. We need to act, tial area, where it shows the devasta- flood firsthand, the Speaker put it best and we need to act in an expeditious tion and all the belongings out on the when he said we need CDBG funding to fashion to get the money into the berm. allow these States and communities hands of those who really need it. I would also like to talk about the maximum flexibility to help home- They need flexibility. The governors business situation. One of the reasons owners and small businesspeople re- have asked for as much flexibility as we need this through an amendment is cover. He said we need CDBG funding possible in delivering this assistance so so we can have some flexibility to deal because we need to give funding to that they can fashion programs that with the problems we have in the busi- these people as boldly and rapidly and will, again, identify the highest needs. ness community. The entire business as efficiently as possible. We feel fully confident that we have community of East Grand Forks was Mr. Chairman, this means the Thune come up with a delivery mechanism under water, some of it for 2 weeks. amendment. Let us give local officials that will accomplish just that. Under the current FEMA program some more control and more resources Mr. Chairman, I reserve the balance there is really no way to deal with this to help these people recover from this of my time. situation because it is all loans, and flood of a century which literally de- The CHAIRMAN. Is there a Member these people, loans are not going to stroyed two cities. This flexibility is who rises in opposition? work for them. I can tell my colleagues absolutely necessary. Let us get help Mr. OBEY. Mr. Chairman, I must of business person after business person to them now without Washington confess some concerns about this where their inventory, their equipment strings attached. amendment. has been wiped out, they have got debt. Mr. OBEY. Mr. Chairman, I yield my- The CHAIRMAN. The gentleman There is no way, putting more debt on self 10 seconds. from Wisconsin is recognized for 5 min- top of that, that it is going to solve I would simply say that, again, we utes. their situation. support the idea of using CDBG money. Mr. OBEY. Mr. Chairman, I yield my- We need this CDBG money so we can The President requested this money self such time as I may consume. have the flexibility to rebuild these the right way. I think there are some Mr. Chairman, as I told the gen- communities. I very much encourage problems with this, but I hope we can tleman earlier, we tried in the full my colleagues to support this amend- correct it in conference. committee to provide funding for ment. I want to thank the gentleman Mr. Chairman, I yield 50 seconds to CDBG. We were asked to withhold, and from South Dakota [Mr. THUNE], the the gentleman from North Dakota [Mr. we have been. I will not press this issue gentleman from Minnesota [Mr. POMEROY]. H2728 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. POMEROY. I thank the gen- Indiana. My district was hard hit by the flood- statement made in paragraph (1) by the Con- tleman, the ranking member, for yield- ing of the Ohio River this March. President gress. (c) PROHIBITION OF CONTRACTS WITH PER- ing me this time. Clinton declared 13 river counties to be a fed- SONS FALSELY LABELING PRODUCTS AS MADE Mr. Chairman, it is impossible in 50 eral disaster area, and several communities IN AMERICA.—If it has been finally deter- seconds to describe what our area has were completely flooded out. mined by a court or Federal agency that any been hit with, but pictures tell 1,000 I have been working closely with local, state person intentionally affixed a label bearing a words. A flood. A flood of a 1,000-year and federal officials to assist homeowners and ‘‘Made in America’’ inscription, or any in- dimensions. A flood to the signposts, business owners adversely affected by the scription with the same meaning, to any causing more harm than one can pos- flooding. FEMA has already provided emer- product sold in or shipped to the United States that is not made in the United States sibly imagine. Water destroys every- gency relief for infrastructure repair in the im- the person shall be ineligible to receive any thing it touches, and so now the busi- pacted communities and has helped home- contract or subcontract made with funds nesses and the homes, virtually all of owners repair damaged housing or move to made available in this Act, pursuant to the the City of Grand Forks, 50,000 people, temporary shelter. debarment, suspension, and ineligibility pro- is devastated. I am concerned, however, about long-term cedures described in sections 9.400 through The second picture, anguish. This is a relief to communities and residents. Many con- 9.409 of title 48, Code of Federal Regulations. woman being evacuated from her home stituents have asked me about the possibility The CHAIRMAN. Pursuant to House in the dead of night. The anguish and of buyouts of their homes so that they can re- Resolution 149, the gentleman from the pain that these people have experi- locate permanently out of flood-prone areas. Ohio [Mr. TRAFICANT], and a Member enced defies description. This anguish Several hundred homes have been identified opposed, will each control 5 minutes. has given way to pain. Pain realizing for such buyouts, but federal and state relief The Chair recognizes the gentleman the permanent loss of business, perma- funds available for this purpose are inad- from Ohio [Mr. TRAFICANT]. Mr. TRAFICANT. Mr. Chairman, I nent loss of house, permanent loss of equate to address the problem. yield myself such time as I may possessions. The Thune amendment would help provide This cries out for a bipartisan re- consume. the necessary funds to complete buyouts in Mr. Chairman, there is an ad in a na- sponse. I so salute the gentleman from my district and in other districts throughout the tional magazine that said the Navy South Dakota [Mr. THUNE] for the central and upper Midwest affected by flooding Seals bring our knives on every one of work he has done. I appreciate the sup- this spring. The buyout program is an impor- their underwater missions; it is a Swiss port of the Speaker and the majority tant option to many residents in my district be- Army brand knife, and they say now leader, I appreciate the support of the cause it gives them an opportunity to start they will be carrying their sunglasses. appropriations chairman in bringing over again while limiting the government's ex- In addition to that, right out here, this matter before us. Please pass this posure in the event of future floods. the east side of the Capitol, the south amendment. Mr. Chairman, I commend the gentleman security gate, it is heated and cooled Mr. OBEY. Mr. Chairman, I yield the from South Dakota for his amendment. He has by a Mr. Slim unit made by Mitsubishi, balance of my time to the gentleman done an important service to his constituents who moved from San Diego to Mexico from North Carolina [Mr. PRICE]. and to others affected by recent flooding, in- and does not even make them in Amer- Mr. PRICE of North Carolina. Mr. cluding those in southern Indiana. I urge my ica. Chairman, I rise in support of the colleagues to support the amendment. It is a very simple little Buy Amer- Thune amendment. This transfer of The CHAIRMAN. All time has ex- ican. I am not going to take a lot of funds to the Community Development pired. time, but let me say this: Block Grant Program from FEMA will The question is on the amendment Wherever possible let us try and ex- help communities, including many in offered by the gentleman from South pand our American taxpayer dollars on North Carolina, complete the difficult Dakota [Mr. THUNE]. American goods, and, second of all, this task of cleaning up, rebuilding, and en- The amendment was agreed to. little provision says if someone tries to suring that destruction like what we The CHAIRMAN. It is now in order to sneak in an import with a fraudulent have just experienced does not happen consider amendment No. 5 printed in ‘‘made in America’’ label, they are again. the House Report 105–97. handcuffed to a chain link fence and FEMA funds are limited in their AMENDMENT NO. 5 OFFERED BY MR. TRAFICANT flogged. uses. When the Mississippi River flood- Mr. TRAFICANT. Mr. Chairman, I Mr. LIVINGSTON. Mr. Chairman, ed in 1994, CDBG funds were used to re- offer an amendment. will the gentleman yield? locate homes out of the flood plain and The CHAIRMAN. The Clerk will des- Mr. TRAFICANT. Mr. Chairman, I to allow people to start their lives ignate the amendment. yield to the distinguished gentleman again without fear of losing everything The text of the amendment is as fol- from Louisiana. again. There are still many unmet lows: Mr. LIVINGSTON. Mr. Chairman, I needs in North Carolina where CDBG thank the gentleman for his statement. Amendment No. 5 offered by Mr. TRAFI- He makes eminent sense, and we have funds can be used in conjunction with CANT: FEMA hazard mitigation funds to Page 51, after line 23, insert the following no objection to his amendment. Mr. OBEY. Mr. Chairman, will the avoid future disaster and heartbreak. new section: gentleman yield? BUY-AMERICAN REQUIREMENTS b 1530 Mr. TRAFICANT. I yield to the dis- SEC. 3003. (a) COMPLIANCE WITH BUY AMER- tinguished gentleman from Wisconsin, Mr. Chairman, I appreciate very ICAN ACT.—None of the funds made available much the gentlemen from North Da- in this Act may be expended by an entity un- the ranking member. kota and South Dakota writing this less the entity agrees that in expending the Mr. OBEY. Provided that the flog- amendment in such a way that those funds the entity will comply with the Buy ging occurs here on the floor, we have affected by Hurricane Fran can benefit American Act. (41 U.S.C. 10a–10c). no objection either, Mr. Chairman. Mr. TRAFICANT. Mr. Chairman, I from these funds, and I urge Members (b) SENSE OF CONGRESS; REQUIREMENT RE- have a picture, in closing out here, and to vote ‘‘yes’’ on this amendment. GARDING NOTICE.— (1) PURCHASE OF AMERICAN-MADE EQUIPMENT this was given to me by a page, Justin Mr. HAMILTON. Mr. Chairman, I rise in AND PRODUCTS.—In the case of any equipment Boyson, and I want to thank him. strong support of the amendment offered by or product that may be authorized to be pur- Mr. Chairman, I yield back the bal- the gentleman from South Dakota, Mr. Thune, chased with financial assistance provided ance of my time. to the Supplemental Appropriations bill. This using funds made available in this Act, it is The CHAIRMAN. If no Member rises amendment would redirect $500 million for the the sense of the Congress that entities re- in opposition, all time has expired. Community Development Block Grant (CDBG) ceiving the assistance should, in expending The question is on the amendment program to be used for buyouts, relocation, the assistance, purchase only American- made equipment and products. offered by the gentleman from Ohio long-term recovery, and mitigation in commu- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— [Mr. TRAFICANT]. nities affected by this year's devastating spring In providing financial assistance using funds The amendment was agreed to. floods and other recent disasters. made available in this Act, the head of each The CHAIRMAN. It is now in order to This funding will greatly assist with relief ef- Federal agency shall provide to each recipi- consider amendment No. 6 printed in forts in my congressional district in southern ent of the assistance a notice describing the the House Report 105–97. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2729 AMENDMENT NO. 6 OFFERED BY MR. NEUMANN the course of this bill, $5 billion will be were there under the section 8 provi- Mr. NEUMANN. Mr. Chairman, I shortfall in the checkbook; that is to sions. We need to make sure that these offer an amendment. say, $5 billion out of this bill will be senior citizens that I talked to and oth- The Clerk will designate the amend- passed on to the next generation. So ers like them all across this country ment. while we are doing something that is are not adversely affected as we go and The text of the amendment is as fol- fitting and proper, providing disaster do something good for these flood vic- lows: relief to the victims here, $5 billion of tims, as we are helping them. We can- Amendment No. 6 offered by Mr. NEUMANN: this money will be coming from future not go to one sector of our society and Page 28, line 5, after the dollar amount in- generations. If we look at the next 5- say we are going to take it away from sert the following: ‘‘(reduced by year window, the checkbook will be $2,387,677,000)’’. these seniors who need this section 8 Page 28, line 6, strike ‘‘$2,387,677,000’’ and overdrawn by $5 billion on account of money and send it over here to the all that follows through line 7. this bill, and that money will simply be flood victims. So we did restore the Page 35, strike lines 8 through 25. added on to the debt and then passed money that was taken out of section 8 Page 51, after line 23, insert the following on to our children. housing units. new section: So what this amendment does is The third thing this budget does, or FURTHER RESCISSIONS IN NONDEFENSE very, very straightforward. What this this amendment rather does, is very ACCOUNTS amendment does is it says OK to the straightforward. The balance of the SEC. 3003. (a) RESCISSION OF FUNDS.—Of the disaster relief, it is fitting and proper; money that is not paid for, we simply aggregate amount of discretionary appro- however, our generation must take on priations made available to Executive agen- say to the President go to nondefense cies in appropriation Acts for fiscal year 1997 the responsibility of paying for that discretionary funds and get the money. (other than for the defense category), flood disaster relief. If I could have that chart, please? $3,600,000,000 is rescinded. Again I would emphasize that this I would like to point out that in last (b) ALLOCATION AND REPORT.—Within 30 bill does not do anything to the flood year’s budget we had a 3.7 percent in- days after the date of enactment of this Act, disaster relief that is called for in this crease in nondefense discretionary the Director of the Office of Management bill. It provides full relief, as requested spending. The first year after the and Budget shall— by the President, including North Da- change in Congress, 1995, nondefense (1) allocate such rescission among the ap- kota, Minnesota, Kentucky, Oregon, propriate accounts in a manner that will discretionary spending went down. But achieve a total net reduction in outlays for the whole list that was provided. last year that changed all around. We fiscal years 1997 through 2002 resulting from I would also like to point out very spent a ton more money in nondefense such rescission of not less than $3,500,000,000; definitively that it does not affect any discretionary spending. and of the provisions relating to defense in So what our amendment is doing is (2) submit to the Committees on Appro- this bill. The amendment will correct simply saying, Mr. President, please go priations of the House of Representatives the bill so that our generation is pay- and the Senate a report setting forth such to that account where there were huge ing for aid to disaster victims rather sums of money spent last year and sim- allocation. than passing this expense on to our (c) DEFINITIONS.— ply take out the additional money nec- children. (1) The terms ‘‘discretionary appropria- essary so that we in our generation pay How do we do that? Well, there is a tions’’ and ‘‘defense category’’ have the re- for this disaster relief that we are as a couple of things. First thing we do is spective meanings given such terms in sec- government appropriately supplying tion 250(c) of the Balanced Budget and Emer- we do not advance fund FEMA. There for victims of floods around this Nation gency Deficit Control Act of 1985. is $2.8, $2.4 billion in this bill that lit- (2) The term ‘‘Executive agency’’ has the erally is advanced funding, money that of ours. So that is the third thing our meaning given such term in section 105 of cannot be spent between now and Sep- bill does. title 5, United States Code. tember 30 of this year no matter what All in all our bill results in our gen- The CHAIRMAN. Pursuant to House happens. So if there was another disas- eration paying for the money that is Resolution 149, the gentleman from ter tomorrow, it could not be used for being spent to provide disaster relief to Wisconsin [Mr. NEUMANN] and a Mem- that, and it cannot be used for the dis- flood victims around this country. ber opposed will each control 10 min- asters that have already occurred. The Mr. Chairman, I would just summa- utes. money cannot be obligated before Sep- rize once again that this bill does not The Chair recognizes the gentleman tember 30. This money belongs in next in any way affect the flood victims from Wisconsin [Mr. NEUMANN]. year’s appropriations bill. So the first around the Nation. The money asked Mr. NEUMANN. Mr. Chairman, I thing we do is eliminate that $2.4 bil- for in the supplemental is there. It does 1 yield myself 5 ⁄2 minutes. lion. not affect defense, but what it does do Mr. Chairman, I would like to begin I would add that when the President is it does pay for it out of the pockets by commending the chairman for put- sent the supplemental request up he of our generation as opposed to putting ting together a bill that I think is very did not request this $2.4 billion; so that this onto the debt that will be passed important and proper for the good of is the first thing we would do. on to our children. the future of this country. Certainly One might ask why would we advance Mr. LIVINGSTON. Mr. Chairman, I when we have disasters strike victims fund FEMA in this kind of a bill? Well, rise in opposition to the amendment of- in our Nation it is a proper and appro- the answer to that is pretty simple and fered by the gentleman from Wisconsin priate role of the U.S. Government to straightforward. In this bill it is classi- [Mr. NEUMANN]. help those flood victims and those dis- fied as emergency spending and does The CHAIRMAN. The gentleman aster victims throughout the country, not fall under government spending from Louisiana is recognized for 10 and I think the chairman has done a caps. So if it is funded here rather than minutes. very fine job of putting together a bill in the normal procedure through an ap- Mr. LIVINGSTON. Mr. Chairman, I that will provide disaster relief to propriation bill, it falls under the clas- yield myself 3 minutes. these disaster victims around the coun- sification of emergency and therefore Mr. Chairman, I thank the gentleman try. it does not fall under the caps that are for his presentation. I want to con- I would like to make it clear, how- applied in the future. gratulate him. He really is one of our ever, that I feel very strongly that Second thing this bill does is it re- more creative budgeteers, and he truly when this Government provides this stores the money that has been taken means it when he says he wants to get disaster relief to other people around out of section 8 HUD housing. Section this country on a paying basis. And I this Nation, people who are truly wor- 8 HUD housing is losing $3.8 billion in am reluctant to disagree with him on thy of receiving this disaster relief, budget authority under this bill, so the this one amendment, but I applaud his that I think is incumbent upon our second thing our amendment does is efforts because if we had more like generation to pay the bill for that dis- recognize that we have problems in sec- him, we would definitely be balancing aster relief, and that really is what tion 8 housing and that money is not our budget sooner rather than later. this amendment is all about. taken out. But for the RECORD, this bill is fully When we look at what happens in the I recently was in an apartment in paid for in budget authority as it cur- checkbook over the next five years in Racine, WI, and I met with people who rently is written. The Congressional H2730 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Budget Office scores the bill as fully funding for our young men and women cause keeping the power of the purse in paid for in budget authority, and that in Bosnia. Regardless of our position Congress rather than in the executive is no different from the way we have on whether we should be in Bosnia or branch is the difference between having paid for emergency spending over the not or regardless of our position on the a President and having a king. We do last 21⁄2 years, since January 3, 1994. $6.5 billion we have already spent not need any kings in this country. Everyone should know that this there, this additional money is needed Mr. NEUMANN. Mr. Chairman, I amendment strikes two-thirds of the because we are there, and both of these yield 1 minute to the gentleman from funding the bill provides for in FEMA. are very good intended. But that Florida [Mr. SCARBOROUGH], my good It simply fails to recognize that ever opened the door, and in slipped an addi- friend. increasing strains placed on the agency tional $3 billion, most of it in this ad- Mr. SCARBOROUGH. Mr. Chairman, as flood waters recede in the northern vanced funding for FEMA, something I thank the gentleman for yielding me plains States and costs associated with that should be considered later, and this time. that disaster rise daily. The amend- that alone is a good reason to vote for I do rise in support of the amendment ment eliminates roughly, if I got the the Neumann amendment. of the gentleman from Wisconsin [Mr. last figure correct, $2.7 billion or 1.6? But the real reason is that we have NEUMANN], but I feel compelled to re- Let me get the right figure. It elimi- an overshadowing reason of the $5 bil- spond to something that was said pre- nates $2.4 billion of the $3.6 billion that lion that according to the CBO is not viously. we provided in this bill for FEMA, al- paid for in offsets, and we are talking We keep hearing about how defense beit, as the gentleman has pointed out, about actually writing the checks, the spending has increased so much and in forward funding. But if we are ever outlays, versus the budget authority. how we are spending so much on de- expected to get ahead of these natural So we have this $5 billion that is hang- fense. The one statistic that we did not disasters, we must ensure FEMA has ing out there that is going to show up hear the gentleman from Wisconsin the funds available to pay for these on a bill for our children sometime in state is the fact that we are spending bills for disaster victims as well as for the future. less money as a percentage of our budg- future disasters in the very near fu- So I think we should pay as we go, I et on defense than at any time since ture. Costs are still coming in for the think that we should be frugal and we 1939, since before Pearl Harbor. I see existing disasters. They are going to be should fulfill the goals of our good in- that he is smiling, so he must have much larger in the current fiscal year tentions, but we should not do it at the read that statistic too. It is something than currently estimated. expense of our children. Therefore, I that scares me. Additionally, this amendment strikes think we should vote for the Neumann If I can also say that I think at this $3.6 billion, if I got the last change cor- amendment. time, when we are $5.4 trillion in debt, rect, in offsetting costs that the bill Mr. LIVINGSTON. Mr. Chairman, I we need to be as conservative as pos- provides and gives the President the yield 2 minutes to the gentleman from sible with the amount of money that authority to make the cuts, and I have Wisconsin [Mr. OBEY], the very distin- we spend. As CBO has scored this on to ask what we are doing here. Do we guished ranking minority member. outlays, it does cause a $5 billion in- really want President Clinton to make Mr. OBEY. Mr. Chairman, I would crease in the deficit. That is $5 billion the decisions on where to make the simply say that I think this amend- we cannot afford. Therefore, I stand cuts? Do we really want him to elimi- ment ought to be opposed because it is and I support the gentleman’s amend- nate, for example, the billion dollars or very selective in where it would save ment, and certainly hope the rest of half billion dollars local law enforce- the money. my colleagues will too. ment block grant the Republican ini- Evidently, the sponsors of the Mr. LIVINGSTON. Mr. Chairman, I tiative included in our Contract With amendment do not believe that there is yield 2 minutes to the gentleman from America? That is what he will do. He a dime’s worth of waste in the Penta- California [Mr. LEWIS], the very distin- will pick something like that. So I do gon, so they exempt that from reduc- guished chairman of the Subcommittee not think that this offer of authority tions. They allow huge spending to go on VA, HUD and Independent Agencies to the President makes sense. of the Committee on Appropriations. Our committee went to great lengths forward on the F–22. They neglect the fact that since 1989, when the Soviet Mr. LEWIS of California. Mr. Chair- to find real offsets in budget authority, man, I appreciate the chairman of the and they are listed in this bill, and I do Union fell apart, Russia has decreased its military budget by 75 percent; the Committee on Appropriations yielding not understand why anyone would sup- me this time. port an effort that does not define the United States has decreased its by at most 15 percent. They neglect the fact I would like to make two points. offset in cuts. We have no idea what First, the gentleman from Wisconsin programs or priorities would be cut that $11 billion was added last year to [Mr. NEUMANN] and I serve on the sub- under this amendment, and there are the President’s budget by the Defense Department, and they neglect the fact committee together that involves no specifics in the amendment. FEMA funding. He knows very well So I would have to reluctantly, once that if nondefense discretionary was as that within our subcommittee we take again, oppose the amendment for those high as it had been at its peak in this a back seat to nobody in terms of our reasons and again because it restricts country, it would be 50 percent higher commitment to balancing the budget the authority to do exactly what the as a percentage of gross domestic prod- whole purpose of this bill is, and that is uct than it is today. over time. Indeed, in every one of our to provide disaster relief. Let me simply say that I would urge accounts we have been very tough as Mr. Chairman, I reserve the balance opposition to this amendment. It also we go forward with attempting to re- of my time. seems to me that it is ill-advised for duce the rate of growth of government. Mr. NEUMANN. Mr. Chairman, I the Congress to turn total determina- The difficulty with this specific yield 2 minutes to the gentleman from tion as to which accounts are going to amendment, however, is that it ad- Kansas [Mr. TIAHRT], my good friend. be reduced over to a nonelected bureau- dresses one of those agencies within Mr. TIAHRT. Mr. Chairman, I thank crat in the OMB. I see no reason why our bill that frankly has done the best the gentleman for yielding the time. Mr. Raines at OMB should be given the job of reorganizing itself and attempt- In this Congress we set to do a couple authority, without any kind of con- ing to get its own budgetary house in of good things with very good inten- gressional check whatsoever, simply to order. Indeed, with the last amendment tions. First of all, we wanted to provide decide that that program is going to go that we passed, the Thune amendment, some disaster relief to those who were and that program is going to stay. if we adopted this amendment, that caught up in this year’s disasters, and would take the emergency account b this help is gravely needed, and the 1545 down to $700 million and put us in a po- compassion of this country really That to me is the ultimate abdica- sition where, at the very time when reaches out to try to help those in tion of responsibility to control the America should be coming together on need. power of the purse. The Congress was behalf of those people who are im- The second thing that we wanted to given the power of the purse in the pacted by these floods, we would be un- do is to provide some supplemental Constitution for one simple reason, be- dermining that opportunity and that May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2731 responsibility by way of this amend- and what we are really suggesting here $5.7 billion disaster assistance bill, and ment. is that the President apply a mini-line- reimbursement of Bosnia for another $2 So it is with great reluctance and a item veto to apply the appropriate off- billion. We have to deal with the real continuing commitment to moving to- sets, so that as our generation does figures if we are going to debate this wards balancing the budget, but with what is right and supplies the nec- issue properly on the floor. great reluctance, I must oppose very essary flood victim relief to the places Apart from that, the bill is paid for, strongly the Neumann amendment. around this country that truly need it, it is a good bill. I urge the defeat of Mr. NEUMANN. Mr. Chairman, I that we in our generation also accept this amendment and the passage of the yield 1 minute to the gentleman from the responsibility to pay for it. That is bill. Oklahoma [Mr. LARGENT]. really what this amendment is all The CHAIRMAN. All time has ex- Mr. LARGENT. Mr. Chairman, I about. pired. thank the gentleman for yielding me Mr. Chairman, I yield back the bal- The question is on the amendment this time. ance of my time. offered by the gentleman from Wiscon- I just want to remind all of my col- Mr. LIVINGSTON. Mr. Chairman, I sin [Mr. NEUMANN]. leagues that what we are about to vote yield myself the balance of my time. The question was taken; and the on, not the amendment that Mr. NEU- Mr. Chairman, as the gentleman has Chairman announced that the noes ap- MANN is offering, which I support, but pointed out, his well-intentioned peared to have it. the emergency supplemental bill, is amendment attempts to get the fiscal RECORDED VOTE just that. We are talking about making problems of this country under control Mr. NEUMANN. Mr. Chairman, I de- an appropriation for emergencies. by cutting the amendment that we are mand a recorded vote. Now, our President, who is not here to provide to the Federal Emer- A recorded vote was ordered. known for his fiscal restraint, has gency Management Administration, so The vote was taken by electronic de- asked for $5 billion for emergency sup- that they might not be able to ade- vice, and there were—ayes 100, noes 324, plemental spending. The Republicans quately pay the bills incurred by the not voting 9, as follows: in Congress have upped the ante. We people who have been devastated by [Roll No. 132] have raised the ante on the President’s floods and other natural disasters. request of $5 billion to $8 billion. We It seems to me that if we are going to AYES—100 are outspending the President. Why? have a disaster relief bill, if we are Armey Gekas Petri Bachus Graham Pickering Because we are adding a lot of things going to make the taxpayer the ulti- Ballenger Gutknecht Portman that are not, clearly are not, emer- mate insurer of the last resort, then we Barr Hefley Radanovich gencies. better also be prepared to pay the bills, Bartlett Hill Rohrabacher We just approved on a voice vote a and that is all this bill tries to do. It Barton Hilleary Royce Bass Hoekstra Ryun commission to study higher education. would eliminate some of the rescis- Bliley Hostettler Salmon Why is that an emergency? I do not un- sions, even though the gentleman says Brady Hulshof Sanford derstand that. that we want to pay for all of the Bryant Inglis Scarborough I want to tell my colleagues that in Burr Istook Schaefer, Dan money that we are outlaying so that Burton Johnson, Sam Schaffer, Bob Tulsa, Oklahoma, $8 billion is still a the bill is ultimately budget-neutral, Camp Jones Sensenbrenner lot of money. People have to work and I am not sure exactly how that Campbell Kasich Sessions very, very hard to send $8 billion in makes us more budgetarily responsible, Cannon Kingston Shadegg Castle Klug Shays their taxes to Washington, D.C. so I oppose the amendment on that Chabot Largent Smith (MI) I urge all of my colleagues to con- score. Christensen Lazio Snowbarger sider the fact that what we are talking Finally, he would propose a new re- Coble Leach Solomon about is an emergency supplemental scission, though, allowing the Presi- Coburn Linder Souder Collins Lipinski Stearns and support the Neumann amendment. dent to make undetermined cuts where Crane Manzullo Stump Mr. LIVINGSTON. Mr. Chairman, I he deems appropriate. Well, I thought Crapo McInnis Sununu have no requests for time, and I reserve it was the job of the U.S. Congress, the Cubin McIntosh Talent Deal Meehan Taylor (NC) the balance of my time and the right to House and the Senate working jointly, DeLay Metcalf Thornberry close. to control the budget strings of this Doolittle Miller (FL) Tiahrt Mr. NEUMANN. Mr. Chairman, I Nation. That is what it says in the Duncan Moran (KS) Upton yield myself the balance of my time. Constitution of the United States, not English Myrick Watts (OK) Ensign Neumann Weldon (FL) Mr. Chairman, while there are a lot simply to advocate a responsibility and Ewing Norwood White of issues to be addressed here, I guess turn it over to the President of the Foley Nussle Young (AK) the first and the most important is, we United States to do the job. Mr. Clin- Franks (NJ) Paul as a generation have to make a deci- ton would love to do the job, but I do Ganske Paxon sion, when we do something that is not think we should give him that au- NOES—324 right and proper, like flying flood relief thority. Abercrombie Boswell Danner to victims around this Nation, whether So I reluctantly oppose this amend- Ackerman Boucher Davis (FL) or not it is our generation’s respon- Aderholt Boyd Davis (IL) ment because this is a disaster relief Allen Brown (CA) Davis (VA) sibility to pay for it. The disagreement bill. This is a bill to provide for men Archer Brown (FL) DeFazio between myself and the committee and women and children who have been Baesler Brown (OH) DeGette Chairman is budget authority versus thrown out of their homes for whatever Baker Bunning Delahunt Baldacci Buyer DeLauro outlays, which out in America prob- reason, tornadoes, earthquakes, and Barcia Callahan Dellums ably does not make a lot of difference, devastating floods in the midsection of Barrett (NE) Calvert Deutsch but what we are really talking about this country. Barrett (WI) Canady Diaz-Balart here is looking at the checkbook. And Let us not get torn up over the fine Bateman Capps Dickey Becerra Cardin Dicks when we look at the checkbook, if this points of the budget process. This bill Bentsen Carson Dingell bill passes as written, it will be $5 bil- is paid for in budget authority. We can Bereuter Chambliss Dixon lion overdrawn at the end of 5 years get encumbered on the difference be- Berman Clay Doggett Berry Clayton Dooley and that will be passed down to our tween budget authority and outlays. Bilbray Clement Doyle children. The fact is, if we eliminate the budget Bilirakis Clyburn Dreier I would just add one more thing, and authority, that budget authority Bishop Combest Dunn that is, the precedent of asking the ceases to exist and that money will not Blagojevich Condit Edwards Blumenauer Conyers Ehlers President to go into the nondefense be expended, and therefore, this bill is Blunt Cook Ehrlich discretionary spending and find the ap- paid for. This does not add to the over- Boehlert Cooksey Emerson propriate offsets is not exactly some- all bill. Boehner Costello Engel Bonilla Coyne Eshoo thing this body has not already dealt By the way, the gentleman from Bonior Cramer Etheridge with. We have already given the Presi- Oklahoma who spoke here a little Bono Cummings Evans dent something called line-item veto, while ago had his figures wrong. It is a Borski Cunningham Everett H2732 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Farr LaHood Rangel The CHAIRMAN. It is now in order to ant to this title shall be charged to the ap- Fattah Lampson Regula consider amendment No. 7 printed in plicable appropriation, fund, or authoriza- Fawell Lantos Reyes tion whenever a regular appropriation bill or Fazio Latham Riggs the House Report 105–97. a joint resolution making continuing appro- Filner LaTourette Riley AMENDMENT NO. 7 OFFERED BY MR. GEKAS Flake Levin Rivers priations until the end of fiscal year 1998 pro- Foglietta Lewis (CA) Rodriguez Mr. GEKAS. Mr. Chairman, I offer an viding for that program, project, or activity Forbes Lewis (GA) Roemer amendment. for that period becomes law. Ford Lewis (KY) Rogan The Clerk will designate the amend- INITIATING OR RESUMING A PROGRAM, PROJECT, Fowler Livingston Rogers ment. OR ACTIVITY Fox LoBiondo Ros-Lehtinen Frank (MA) Lofgren Rothman The text of the amendment is as fol- SEC. 406. No appropriation or funds made Frelinghuysen Lowey Roukema lows: available or authority granted pursuant to Frost Lucas Roybal-Allard Amendment No. 7 offered by Mr. GEKAS: this title shall be used to initiate or resume Furse Luther Rush On page 51, after line 23, add the following any program, project, or activity for which Gallegly Maloney (CT) Sabo appropriations, funds, or other authority Gejdenson Maloney (NY) Sanchez new title: were not available during fiscal year 1997. Gephardt Manton Sanders TITLE IV—PREVENTION OF Gibbons Markey Sandlin GOVERNMENT SHUTDOWN PROTECTION OF OTHER OBLIGATIONS Gilchrest Martinez Sawyer SHORT TITLE SEC. 407. Nothing in this title shall be con- Gillmor Mascara Saxton strued to effect Government obligations Gilman Matsui Schumer SEC. 401. This title may be cited as the mandated by other law, including obliga- Gonzalez McCarthy (MO) Scott ‘‘Government Shutdown Prevention Act’’. Goode McCarthy (NY) Serrano tions with respect to Social Security, Medi- Goodlatte McCollum Shaw CONTINUING FUNDING care, Medicaid, and veterans benefits. Goodling McCrery Sherman SEC. 402. (a) If any regular appropriation DEFINITION Gordon McDade Shimkus bill for fiscal year 1998 does not become law SEC. 408. In this title, the term ‘‘regular Goss McDermott Shuster prior to the beginning of fiscal year 1998 or a Granger McGovern Sisisky appropriation bill’’ means any annual appro- joint resolution making continuing appro- Green McHale Skaggs priation bill making appropriations, other- Greenwood McHugh Skeen priations is not in effect, there is appro- wise making funds available, or granting au- Gutierrez McIntyre Slaughter priated, out of any moneys in the Treasury thority, for any of the following categories Hall (OH) McKeon Smith (NJ) not otherwise appropriated, and out of appli- of programs, projects, and activities: Hall (TX) McKinney Smith (OR) cable corporate or other revenues, receipts, Hamilton McNulty Smith (TX) (1) Agriculture, rural development, and re- and funds, such sums as may be necessary to lated agencies programs. Hansen Meek Smith, Adam continue any program, project, or activity Harman Menendez Smith, Linda (2) The Departments of Commerce, Justice, Hastert Millender- Snyder for which funds were provided in fiscal year and State, the judiciary, and related agen- Hastings (FL) McDonald Spence 1997. cies. Hastings (WA) Miller (CA) Spratt (b) Appropriations and funds made avail- (3) The Department of Defense. Hayworth Minge Stabenow able, and authority granted, for a program, (4) The government of the District of Co- Herger Mink Stark project, or activity for fiscal year 1998 pursu- lumbia and other activities chargeable in Hilliard Moakley Stenholm ant to this title shall be at 100 percent of the Hinchey Mollohan Stokes whole or in part against the revenues of the rate of operations that was provided for the District. Hinojosa Moran (VA) Strickland program, project, or activity in fiscal year Hobson Morella Stupak (5) The Departments of Labor, Health, and Holden Murtha Tanner 1997 in the corresponding regular appropria- Human Services, and Education, and related Hooley Nadler Tauscher tion Act for fiscal year 1997. agencies. Horn Neal Tauzin (c) Appropriations and funds made avail- (6) The Departments of Veterans Affairs Houghton Nethercutt Taylor (MS) able, and authority granted, for fiscal year and Housing and Urban Development, and Hoyer Ney Thomas 1998 pursuant to this title for a program, sundry independent agencies, boards, com- Hunter Northup Thompson project, or activity shall be available for the missions, corporations, and offices. Hutchinson Oberstar Thune period beginning with the first day of a lapse Hyde Obey Thurman (7) Energy and water development. Jackson (IL) Olver Tierney in appropriations and ending with the earlier (8) Foreign assistance and related pro- Jackson-Lee Ortiz Torres of— grams. (TX) Owens Towns (1) the date on which the applicable regular (9) The Department of the Interior and re- Jefferson Oxley Traficant appropriation bill for fiscal year 1998 be- lated agencies. Jenkins Packard Turner comes law (whether or not that law provides (10) Military construction. John Pallone Velazquez for that program, project, or activity) or a (11) The Department of Transportation and Johnson (CT) Pappas Vento continuing resolution making appropriations Johnson (WI) Parker Visclosky related agencies. Johnson, E. B. Pascrell Walsh becomes law, as the case may be; or (12) The Treasury Department, the U.S. Kanjorski Pastor Wamp (2) the last day of fiscal year 1998. Postal Service, the Executive Office of the Kaptur Payne Waters TERMS AND CONDITIONS President, and certain independent agencies. Kelly Pease Watt (NC) (13) The legislative branch. Kennedy (MA) Pelosi Waxman SEC. 403. (a) An appropriation of funds Kennedy (RI) Peterson (MN) Weldon (PA) made available, or authority granted, for a The CHAIRMAN. Pursuant to House Kennelly Peterson (PA) Weller program, project, or activity for fiscal year Resolution 149, the gentleman from Kildee Pickett Wexler 1998 pursuant to this title shall be made Pennsylvania [Mr. GEKAS] and a Mem- Kilpatrick Pitts Weygand available to the extent and in the manner Kim Pombo Whitfield ber opposed will each control 15 min- which would be provided by the pertinent ap- utes. Kind (WI) Pomeroy Wicker propriations Act for fiscal year 1997, includ- King (NY) Porter Wise The Chair recognizes the gentleman ing all of the terms and conditions and the Kleczka Poshard Wolf from Pennsylvania [Mr. GEKAS]. Klink Price (NC) Woolsey apportionment schedule imposed with re- Knollenberg Pryce (OH) Wynn spect to the appropriation made or funds (Mr. GEKAS asked and was given Kolbe Quinn Yates made available for fiscal year 1997 or author- permission to revise and extend his re- Kucinich Rahall Young (FL) ity granted for the program, project, or ac- marks.) LaFalce Ramstad tivity under current law. Mr. GEKAS. Mr. Chairman, I yield NOT VOTING—9 (b) Appropriations made by this title shall myself such time as I may consume. be available to the extent and in the manner Andrews Hefner Schiff Before us now is legislation that which would be provided by the pertinent ap- Chenoweth Mica Skelton would prevent a government shutdown propriations Act. Cox Molinari Watkins during the current fiscal year. It is COVERAGE really a test of our wills as to whether b 1615 SEC. 404. Appropriations and funds made or not we will be adopting this propo- Messrs. HORN, COOKSEY, and available, and authority granted, for any sition. We know what a shutdown can program, project, or activity for fiscal year MOAKLEY changed their vote from 1998 pursuant to this title shall cover all ob- do to our people. We know that a shut- ‘‘aye’’ to ‘‘no’’. ligations or expenditures incurred for that down is very costly to the taxpayers. Messrs. BURTON of Indiana, STUMP, program, project, or activity during the por- We know that a shutdown will leave McINTOSH, and CRANE changed their tion of fiscal year 1998 for which this title people in hospitals unattended. We vote from ‘‘no’’ to ‘‘aye.’’ applies to that program, project, or activity. know that a shutdown will cause late So the amendment was rejected. EXPENDITURES delivery if there is any delivery at all The result of the vote was announced SEC. 405. Expenditures made for a program, of payment of benefits to veterans. If as above recorded. project, or activity for fiscal year 1998 pursu- we do not pass this legislation, we are May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2733 risking again a 100 percent cut, a 100 Year 1998, the absence of a regularly passed It rewards lack of hard choices by the percent cut in the delivery of benefits appropriations bill or a continuing resolution. Congress. And it says that if we do not that this Congress is bound to do at Since my election to the House of Rep- make choices and do not get an appro- this or any other fiscal year. resentatives in 1982, I have witnessed eight priation bill passed, that every pro- So those who oppose the Gekas government shutdowns. The worst of which gram in that bill winds up being funded amendment on the basis that somehow, occurred when our soldiers were poised for at last year’s level. That means even if because we stay at 100 percent of the battle in the Persian Gulf. It was at this time there is a large consensus in this Con- levels of last year’s budget, that some- that I introduced my first government shut- gress that a number of programs ought how magically that is a cut, that is down prevention bill, what I referred to as an to be cut well below last year’s level in atrocious. The cut would occur if we do ``instant replay'' mechanism. At the time, I order to fund more well-deserving pro- not pass legislation and a shutdown knew I was facing an uphill battle in a long grams, it means that we are not going would occur. war. After all, the threat of a shutdown is one to be able to get it done. The fiscal realities may not be of the most effective weapons in the Congres- Let us say we had the fifth year of enough to convince Members that they sional arsenal. the budget agreement between the ought to adopt this amendment, but I However, I remained vigilant with the image White House and the Congress on the ask them, as a matter of honor, as a in my mind of our fighting men and women floor today, and let us say that we were matter of duty, as a matter of the right ready to sacrifice their lives as they stood therefore facing a $30 billion reduction thing to do, to look back at the fall of poised for Operation Desert Storm without an in domestic discretionary spending re- 1990, when at the height of the amass- operating government for which to fight. I quired by that budget. ing of our troops in Desert Shield, with pledged never to let that happen again. The fact is, if we did not pass appro- our young people literally with musket Today, I proudly stand ready to fulfill that priation bills to accomplish that, this in hand prepared to do battle in the pledge as the House prepares to approve the would require us to produce bills far forthcoming Desert Storm, our govern- Government Shutdown Prevention Act now above the spending levels that this ment shut down. What a disgrace. before us, so that we can send a clear mes- House wants to agree to in that ar- It brings shame upon the shoulders of sage to the American people that we will no rangement. I do not think that is what every American citizen to allow its longer allow them to be pawns in budget dis- we mean to do, but that is the prac- own Government to shut down. Could putes between Congress and the White tical effect of it. Benjamin Franklin and the others in House. This amendment is the single-most 1789 who established a Government for Mr. Chairman, without question, the time for significant thing the House could do to all time, they established it for all enactment of my Government Shutdown Pre- ensure dumbing down of the Federal time, to last forever, can they in their vention Act is now. We need to restore the Government and the entire budget and their memories countenance a public's faith in its leaders by showing that we process, because what it says is, if you shutdown of this institution for even 5 have learned from our mistakes. I ask for its cannot get agreement between the minutes? Our Government to shut adoption and urge all members, Republican President and the Congress on any spe- down? and Democrat, to vote for its passage, and es- cific appropriation bill, then all of the What if there is a shutdown that oc- pecially urge the President to sign this ``good programs in that bill have to be funded curs and a terrible flood or hurricane government'' reform measure. at last year’s level, period. That means Mr. Chairman, I reserve the balance should occur again like the ones we we cannot increase the ones that we of my time. have just witnessed in the Midwest? We The CHAIRMAN. Does a Member agree ought to be increased. That are caught without any Members in seek the time in opposition to the means we cannot cut the ones that their seats, without any bureaus ready amendment? ought to be cut. That, to me, simply to do action and calamities even worse Mr. OBEY. I do, Mr. Chairman. says we are just going to quit thinking, than the ones we have seen could The CHAIRMAN. The gentleman we are going to enshrine the status occur. from Wisconsin [Mr. OBEY] will control quo. It is our duty to try to prevent the 15 minutes. Now, if my colleagues think that is shutdown. I ask Members to vote in The Chair recognizes the gentleman smart, go ahead and vote for it. If they favor of this for the sake of the con- from Wisconsin [Mr. OBEY]. think it is not, then I would urge bipar- tinuance of our country’s Government. Mr. OBEY. Mr. Chairman, I yield my- tisan consideration against that propo- Mr. Chairman, today is a great day for the self 5 minutes. sition. I would also say that what this American people. Soon the House will be vot- Mr. Chairman, the Government did really does is to produce the ultimate ing to approve a measure of which all Ameri- not shut down 2 years ago because of blessing of the idea that we ought to cans can embrace and be proudÐmy ``Gov- some unhappy accident of governance. keep Washington just like it is. We are ernment Shutdown Prevention Act''. The Government was shut down be- not going to think about any of these Mr. Chairman, unfortunately, the image of cause a number of willful Members in- issues anymore. If we cannot reach the government shutdowns from the 104th dicated well ahead of time that it was agreement, then, OK, we have got a Congress remains etched in the mind of the their intention to do just that, to shut magic formula and we will just keep American citizen as shamefulÐand unneces- the Government down to make the going the way we have gone before and saryÐindicents in our nation's history. As tax- President of the United States bend to before and before. I do not think that is payers, they were incensed that the govern- their will. That is why the Government what we were sent here to do. ment would choose not to perform its essential shut down. I do not see why we ought to assure duties. As statesmen, we were all embar- If we do not want the Government that if we do not pass the Labor-HHS rassed to have forsaken our obligations to the shut down, then we simply have to be- bill and if we do not pass the energy American people. While the Republican Con- have more responsibly than the behav- bill that we ought to have to continue gress was blamed for the shutdowns, I believe ior that we saw 2 years ago. That is the every bureaucratic mess of a program we were all responsible for this disgraceful ex- way we avoid a Government shutdown. at the Department of Energy, but we hibition of failed governance: the House, the I find it amazing that in 1960, about will be precluded from doing what I Senate, Republicans, Democrats, and the 60 percent of all Government programs know the Republican chairman of the President. were discretionary. That meant you Labor-HHS subcommittee wants to do, Before us today is a message to the Amer- could think about them. Today, the which is to substantially increase fund- ican people. An affirmation, if you will, in the discretionary portion of the budget has ing for the National Institutes of form of an amendment which states that we, declined to about 30 percent. And the Health. We simply could not do that if the Congress, will not forsake the American practical effect of this amendment, if we adopt this prescription. people's trust to deliver essential government it is adopted, will be to produce a situ- This, in my view, also has one other services and allow for another shameful gov- ation in which we have zero portion of major problem. It will make it vir- ernment shutdown in this fiscal cycle. We will the Federal budget which is discre- tually impossible to deliver the disas- achieve this by voting for my amendment to tionary. What this amendment says is ter aid, which is the primary purpose of provide 100% of Fiscal Year 1997 spending that it rewards inaction by the Con- this bill, because this bill is going to be levels to continue through the end of Fiscal gress. vetoed if it contains this amendment, H2734 CONGRESSIONAL RECORD — HOUSE May 15, 1997 and if it is vetoed, we are going to be Support the Gekas-Wynn-Solomon Mr. STEARNS. If the gentleman stuck till the cows come home before amendment. It will keep the Govern- would continue to yield, this goes back we can get another bill to the Presi- ment open and it will ensure that budg- to 1972. dent. et implementation is based on sound Mr. HOYER. Well, reclaiming my So I would simply urge my col- policy, not on the pressure of an expir- time, I do not want to analyze all those leagues, if they are interested in pro- ing clock. because I do not have the time. viding rapid emergency assistance to Mr. OBEY. Mr. Chairman, I yield 4 Senator STEVENS is well-motivated the people who need it, if they are in- minutes to the gentleman from Mary- and believes in this amendment, but I terested in retaining the ability of this land [Mr. HOYER.] fear, my friends, that there are many Congress to think about any remaining Mr. HOYER. Mr. Chairman, I rise and on this House floor who believe this is budgetary programs, they will turn I wish I knew what I should say. The the best they can get politically, freez- this amendment down. policy that the gentleman articulates ing at last year’s level with no RIF Mr. GEKAS. Mr. Chairman, I yield 1 is a good policy. My colleague from protection for Federal employees. That minute to the gentleman from Wiscon- Maryland, Mr. WYNN, has cosponsored is what I fear, and that it will give sin [Mr. KLECZKA]. this amendment. I have stood for this them the opportunity and excuse not Mr. KLECZKA. Mr. Chairman, first premise since 1981; that we ought not to pass appropriation bills and not of all, I would like to indicate that I re- to inadvertently shut down the peo- have to pay the price of following their spectfully disagree with my colleague ple’s government; that we ought not to, policy of shutting down government for from Wisconsin, [Mr. OBEY]. Never in because we could not reach political which we paid such a dear price in No- my legislative career would I have consensus, have government shut vember and January of 1995 and 1996. thought that I would hear the gen- down. And in point of fact, we never That, my friends, is my fear on be- tleman from Wisconsin [Mr. OBEY] did that until 1995. half of Federal employees, on behalf of making arguments, Republican argu- My friend and very sincere colleague, the operations of this government, on ments, against a good amendment. whose motives I question not a whit, behalf of doing our job in a responsible But, nevertheless, today we have heard he is honest in his presentation on this fashion. that happen. issue, but in 1990 we shut the govern- Neither party comes with clean Let me say, Mr. Chairman, we can ment down because George Bush was hands to this. I agree with my col- continue pointing fingers as to who angry that we did not pass, because he league from Florida, neither party was to blame for the last shutdown. did not get his own party’s support, a comes with clean hands. All have been But the fact of the matter is, as the au- deficit reduction package. So he re- willing to play chicken in the appro- thor, the gentleman from Pennsylvania fused to sign the bill and Federal em- priations process and put at risk Fed- [Mr. GEKAS], indicated, it cost the tax- ployees were on the street for 36 hours. eral employees and those who receive payers $1 billion more, so we did not That was the longest shutdown prior to services from the Federal Government. save a red cent. 1995. Mr. GEKAS. Mr. Chairman, I yield 2 We heard our constituents who were But in 1995, specifically in April, the minutes to the gentleman from Mary- part of this finger-pointing, who were Speaker of the House of Representa- land [Mr. WYNN]. part of this partisan debacle. Veterans tives, NEWT GINGRICH, said I am going Mr. WYNN. Mr. Chairman, I thank who were ready to close on their homes to put our Government at risk and let the gentleman from Pennsylvania for got denied. Constituents of mine who us see what the President does. He said yielding me this time and also for his were applying for a visa with non- further that the President clearly leadership on this issue. I rise in strong refundable flight tickets lost their cared much more than he and his col- support of the Gekas amendment. I money on those flights. So a shutdown leagues about government’s operation. joined him in this amendment because serves no good purpose. So as a policy to threaten and leverage it is the right thing to do. Let me indicate to the membership the President of the United States, this My fellow colleagues, public employ- that in Wisconsin we have a similar Government was shut down for 6 days ees do not care about our negotiating law, we have an automatic CR for the and then for 22 days. Twenty-eight leverage and our negotiating positions State of Wisconsin which precludes days. Eight times longer than it had and our personal biases. Taxpayers who cannot get into parks, who cannot get this from happening. In my legislative ever been shut down before in history. passports, who cannot get fundamental days, it kicked in once. It provided for And now we have a very well-directed services do not care about which side uniformity. amendment on the floor. I may even Mr. OBEY. Mr. Chairman, how much vote for it. But I want to tell my col- has leverage nor about which side is at time is remaining on both sides? leagues this will not be a vote in which fault. What they care about is respon- The CHAIRMAN. The gentleman employee unions will score. I tell my sible government. And responsible government is gov- from Pennsylvania [Mr. GEKAS] has 11 colleagues that. Why? minutes remaining and the gentleman Mr. STEARNS. Mr. Chairman, will ernment that is open, functioning and ready to do business, ready to do the from Wisconsin [Mr. OBEY] has 10 min- the gentleman yield? people’s business. This amendment will utes remaining. Mr. HOYER. I yield to the gentleman Mr. GEKAS. Mr. Chairman, I yield 1 from Florida. enable us to keep the government run- minute to the gentleman from Iowa Mr. STEARNS. Mr. Chairman, I ning, and that is the right thing to do, would advise the gentleman that I have regardless of which party we are in. [Mr. GANSKE]. Mr. GANSKE. Mr. Chairman, I rise in here that under the leadership of the Now, there are a lot of people run- strong support of the Gekas-Solomon- Democrats, they shut the Government ning to the well and saying if we do Wynn amendment. Regardless of down 17 times. I have the list right this we will lock in cuts to education whether the budget resolution passes here, and the gentleman is welcome to and to WIC and a lot of important pro- next week or not, we still have to pass look at it. Is that not true? grams. That is simply not true. The appropriation bills. Mr. HOYER. Mr. Chairman, reclaim- fact of the matter is, this amendment I think the budget process is going to ing my time, I do not ascribe to the maintains the status quo. We can de- be a very long and difficult process. If gentleman any disingenuousness by bate our differences. We may want to my colleagues do not think so, I have a asking the question. He knows full well increase a program, we may want to Madison County, IA, covered bridge in that the Government was never once decrease a program. While we work my district that I will sell them. shut down by Democratic policy. Not that out, let us keep the government once. There were, clearly, disagree- up and running. That is what we are b 1630 ments and the President refused to supposed to do. That is what this At the end of the year, we will need sign bills. The President was President amendment accomplishes. to make sure that we have had time to Reagan. The President was President There is not going to be any lock-in produce the best possible budget pol- Bush. of cuts or anything like that. That is icy. We should not have to make deci- I would ask the gentleman, am I cor- simply misinformation. I find it very sions at the eleventh hour under the rect those 17 times occurred in the ironic that 2 years ago on the Demo- threat of a Government shutdown. 1980’s? cratic side every single Member rushed May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2735 down to this well and said, please, we $2 billion that has been spent in not have the majority support, it is need this continuing resolution. And Bosnia, we know absolutely for a fact easy to let them slide when we do not not 100 percent. They were willing to that the President will veto this meas- have to take the vote, when we do not accept 98 percent. I say this is a much ure with the Gekas amendment in it. have to be accountable to that minor- better continuing resolution. Whether we agree or disagree with ity point of view. I compliment my colleagues on the that, the fact is if we vote for this I think this is a terrible policy. I Republican side for their willingness to amendment we are slowing down des- think it is much like us giving up our compromise. A 100 percent continuing perately needed dollars to help people responsibility to our constituents. We resolution will accomplish our ends of rebuild their lives that have been vic- were sent here by our constituents to maintaining the government while we tims of floods. If we vote for this represent them. If we vote for this negotiate our differences, and that amendment, we are slowing down the amendment, what we are really saying makes common sense. funding of the Department of Defense, is take my vote and throw it away be- I want to tell my colleagues what which today is having to put off pro- cause it will not count anything for President Clinton said in 1996, or rath- grams for this summer for training. what the people sent me to do because er let me say this. A lot of people are For those reasons, oppose the Gekas this vote will be a throw-away when it walking around today saying there will amendment. comes to the programs that make a dif- not be a shutdown. We said that Christ- Mr. GEKAS. Mr. Chairman, I yield 1 ference. mas of 1995 and there was a shutdown minute to the gentleman from New Mr. GEKAS. Mr. Chairman, I yield 1 over the Christmas holidays and Fed- York [Mr. SOLOMON], a staunch sup- minute to the gentleman from Florida eral workers were out of work. porter of the Gekas amendment. [Mr. MILLER]. The President said, ‘‘Again, let me Mr. SOLOMON. Mr. Chairman, let me Mr. MILLER of Florida. Mr. Chair- say I am convinced both sides want to correct the last speaker, whom I have man, I rise in support of this amend- balance the budget, but it is wrong, great respect for. He says this amend- ment because I think this is the proper deeply wrong, to shut the government ment would hurt veterans. I want to time to debate this issue and it is the down while we negotiate.’’ Let us heed tell my colleagues something. Over 20 proper time to pass this issue. We need to have a continuing resolu- the President’s words and keep the years I have had a reputation for being tion so we do not shut down the gov- government open. the strongest advocate for the veterans ernment. The past 2 years of the appro- Mr. OBEY. Mr. Chairman, I yield 2 of this country. If my colleagues do not priations process, as we come to a con- minutes to the gentleman from Texas, believe so, they can ask any veteran clusion in the end of September, has [Mr. EDWARDS]. organization in this country. not been a time that we should be Mr. EDWARDS. Mr. Chairman, de- If this amendment does not go proud of. As we talk about 1995, what spite the good intentions of the author through, what will happen? If reason- happened? We shut down the govern- of this amendment, I believe this able people cannot come to agree and ment. We eventually brought it back amendment should be called the Pork we do not pass the VA, HUD and Inde- together, but it cost a lot of money by Barrel Protection Act. pendent Agencies bill, then that means shutting it down. It is a wonderfully designed proposal that the hospitals, the veterans hos- Last year, as a fiscal conservative, that will protect any wasteful govern- pitals in this country, all of them, what happened was we added $8 billion ment program that has been put in would cease to be able to operate. The of more spending to keep the govern- past appropriation bills. Forget what outpatient clinics would cease to be ment from shutting down. That was the Congress has found out about that able to operate. not what we needed to do. We do not program, forget about GAO studies Ronald Reagan once told me, need to increase spending just to keep that may have shown that program is a ‘‘Jerry,’’ when he was trying to get me the programs going. terrible waste of our hard-earned tax- to vote for a particular bill, he said, This is a 1-year effort. Let us try it payers’ money. The fact is this amend- ‘‘You cannot always have it your own for 1 year. My preference would be to ment, if put into law, would protect way. There are two political parties. have a 75 percent rather than 100 per- those pork barrel projects. There are two Houses and sometimes cent ratio because we need to have I think all Members on both sides of you have to work together.’’ pressure put on us to pass appropria- the aisle who fought to come to this We are attempting to work together tions bills. That is what we should be House in order to fight pork barrel right now, and when the gentleman doing. The appropriation bills will be ought to do so today by voting against from Maryland [Mr. WYNN], and the just as difficult this September and the this amendment. gentleman from Virginia [Mr. MORAN], following year’s under the budget bill Secondly, this measure, if put into and the gentleman from Wisconsin [Mr. that will be brought to the floor next law, would enshrine the National En- KLECZKA] came to me in the Commit- week because the growth in discre- dowment of the Arts. For me, that is tee on Rules and they sincerely asked tionary spending is not going to be as fine, but too many of our colleagues for this amendment, they meant it. fast. who do not like the NEA and have said Because there are good public em- Let us give it a try because it has not on the campaign trail they will do ev- ployees in this country. They deserve a worked the other way. erything they can to kill it, they are fair break. This amendment will guar- Mr. GEKAS. Mr. Chairman, I yield 1 doing the opposite in passing this antee they get a good break, and that minute to the gentlewoman from amendment. is why we ought to pass it and we Maryland [Mrs. MORELLA]. As someone who has fought hard for ought to pass it now. veterans, this measure would literally Mr. OBEY. Mr. Chairman, I yield 1 b 1645 lock in funding that would cause tens minute to the gentleman from Rhode Mrs. MORELLA. I thank the gen- of thousands of veterans to lose health Island [Mr. KENNEDY]. tleman for yielding me this time. care that they fought for in fighting Mr. KENNEDY of Rhode Island. Mr. Mr. Chairman, I wish we had had the for this country. Chairman, this amendment, instead of Gekas amendment in the last Congress, This amendment substitutes the wis- preventing a government shutdown, ac- when we were here on the floor every dom of our Founding Fathers for the tually shuts down the democratic proc- day hoping that we would be able to expediency of the moment. Our Found- ess. Basically, what it says is the ma- avert the shutdown and bring our Fed- ing Fathers put the responsibility for jority can choose to pass those appro- eral employees back to work. I am shaping appropriation bills in our priations bills, those programs that strongly in support of it. We must hands. We should accept that respon- they want to make sure are passed and never again shut down government, sibility, not hide from it. Our govern- they can let the others wither on the causing a situation we do not want to ment was not intended to be put on vine. have repeated; an incredible waste of cruise control. The minority will not be represented resources, important work left undone, Finally, if we care about flood vic- under this process, make no mistake tremendous cost to taxpayers and what tims, if we care about the Department about it. Because those programs that it did to the morale of our civil serv- of Defense that needs desperately the do not have the constituency, that do ants. H2736 CONGRESSIONAL RECORD — HOUSE May 15, 1997 This amendment is going to provide For Federal contractors, they lose derly, military and Government em- for an automatic continuing resolution under a continuing resolution even if it ployees, and others who depend on con- at 100 percent of the fiscal year 1997 is passed, because it is only for a given tinued payment. level. Yes, we did try to get an amend- period of time. Federal agencies then I would say to the gentleman from ment in the Committee on Rules, the do not let out contracts that were won Wisconsin [Mr. OBEY] that even in the gentleman from Maryland [Mr. WYNN], on a competitive basis, and the busi- State of Wisconsin, his State has a law the gentleman from Virginia [Mr. ness of the American people does not which automatically maintains gov- DAVIS], the gentleman from Virginia continue. ernment operations in the next fiscal [Mr. MORAN], and myself, that would This is a fail-safe system, if the job year, automatically. So basically we have assured that no Federal employ- does not get done here, so that the Fed- get great ideas from the States, includ- ees would be RIF’d or furloughed. That eral Government employees and con- ing the State of Wisconsin. I’m sur- did not happen, but we are going to tractors will not be held hostage. This prised he would be against this amend- monitor it very closely to make sure is not about leverage in the budget de- ment. that they are not. bate. This is simply to say that the I would say to the gentleman from We think that this is an excellent hostages, the innocent Federal workers Wisconsin [Mr. OBEY], the ranking amendment. The argument I have who are out there doing their job every member, it is good insurance. It does heard defies logic, when somebody says day, are not going to be the hostages, not cut or increase any funds. It is just we are going to waste money, some- are not going to be punished and will insurance for the American people. It body said we are going to hold back on be treated fairly. I wish we had had does not preclude Congress from pass- money that should be spent. I just do this 2 years ago. We have a chance to ing additional resolutions. It has bipar- not quite understand the logic, because change that now. I support the Gekas tisan support. Lastly, it is supported as far as I am concerned, this is the as- amendment. by the Citizens Against Government surance that our civil servants need, a Mr. GEKAS. Mr. Chairman, I yield 1 Waste, the Federal Managers Associa- safety valve, the least we can do. minute to the gentleman from Califor- tion, the Americans for Tax Reform, Mr. GEKAS. Mr. Chairman, I yield 1 nia [Mr. ROHRABACHER]. the Chamber of Commerce, and the minute to the gentleman from Okla- Mr. ROHRABACHER. Mr. Chairman, Concord Coalition, all of these are bi- homa [Mr. ISTOOK]. the American people have car insur- partisan groups. I urge support. Mr. ISTOOK. Mr. Chairman, I rise to ance, they have home insurance, they Mr. GEKAS. Mr. Chairman, I yield support the Gekas amendment. Many have life insurance. Now what we are the balance of my time to the gen- of us are saying we do not want to use offering them in this amendment is in- tleman from Florida [Mr. WELDON]. any threat of shutting the Government surance against government shutdown, Mr. WELDON of Florida. Mr. Chair- down. Now we hear people saying, ‘‘Oh, government shutdown insurance. This man, the Gekas amendment will insure you have got to try to do it.’’ That does will prevent excessive politics from dis- the American people against a govern- not make sense. rupting the lives of the citizens of the ment shutdown in the event the Presi- Some of us, and I am one of them, United States of America. It protects dent and the Congress reach an im- want to reduce spending in the Federal our people, our retirees, every Amer- passe on the budget. The funding level Government. Some people want to in- of 100 percent of last year’s funding crease the size of Government and in- ican, when we come into disagreement crease the amount of spending. These for whatever the motive. will ensure stability until a final budg- Two years ago we were new here in are very difficult to resolve when we et is worked out. our roles. We had a majority of Repub- Last year’s government shutdown are tens of billions of dollars apart. We are saying while we try to work licans in the House and the Senate, we wasted billions of dollars. We paid things out, we would agree we would had a President who was a Democrat, thousands of Federal employees who just freeze spending while we try to we were getting used to our roles. Who did not work during the shutdown. I work in good faith. They say, ‘‘No, suffered because of that while we were say we should keep them on the job to don’t, you’ve got to shut government getting used to what we were supposed start with. The Gekas amendment is down instead.’’ How ridiculous. It cost to do? The American people when the the only way we have to guarantee taxpayers $1.5 billion the last time government was shut down for 28 days. this. There is no reason, there is no around, workers being paid for a month There is no finger pointing in that. commonsense reason for voting against that they did not do the work. The tax- If we come to some major disagree- this amendment. payers were hurt heavily in the proc- ments because of a difference in philos- Finally, some say it is not appro- ess. Federal workers were in jeopardy. ophy in the future, let us provide a way priate to add it to the CR for natural Why go through such a thing? out so our people will not be hurt while disaster relief. I think this is the most We are trying to say we do not want we make up our minds. We have the op- appropriate place. This CR will help us to have such a threat hanging over portunity to prevent disagreement avoid a man-made disaster, a govern- things. We want to work together in from hurting our people, from philo- ment shutdown on September 30 of this good will. Why in the world would sophical or political differences. I say year. some Members say ‘‘No, we don’t want let us protect our people, let us give Also, I would like to point out to my to do it?’’ Support the amendment. them Gekas insurance. colleagues from Florida and the Gulf Mr. GEKAS. Mr. Chairman, I yield 1 Mr. GEKAS. Mr. Chairman, I yield 1 Coast, September is the hurricane sea- minute to the gentleman from Virginia minute to the gentleman from Florida son. The only thing worse than a hurri- [Mr. DAVIS]. [Mr. STEARNS]. cane is a hurricane during a govern- Mr. DAVIS of Virginia. I thank the (Mr. STEARNS asked and was given ment shutdown. Let us insure our- gentleman for yielding me this time. permission to revise and extend his re- selves against a double dose of disaster. Mr. Chairman, we have had over 60 marks.) Support the Gekas amendment. continuing resolutions in this body Mr. STEARNS. Mr. Chairman, I have Mr. OBEY. Mr. Chairman, I yield since 1981, where we have had a Con- here a Congressional Research report. such time as he may consume to the gress of one party and a President of a It shows we shut the Government down gentleman from California [Mr. MIL- different party and the appropriation 17 times since 1972. Even under the LER]. bills have not occurred on time. What Carter administration in 1978 we shut (Mr. MILLER of California asked and happens with a continuing resolution? it down three times. This was when the was given permission to revise and ex- For Federal employees there is anxi- Congress was controlled by the Demo- tend his remarks.) ety. In the case of a shutdown, of which crat Party. We need this Gekas insur- Mr. MILLER of California. Mr. Chair- we have had over a dozen during that ance to prevent another Government man, I rise in opposition to this amend- period of time, Federal employees are shutdown. ment. paid for not working. As we saw last All Members should realize that this Mr. Chairman, as ranking Democrat on the time, they did not even receive their bill sunsets in 1998. What is the big Committee on Resources, I wanted to address checks at Christmastime, and the deal? We are going to try and use it as several important natural resource and envi- American taxpayers are the losers. insurance to protect veterans, the el- ronmental matters raised in this bill. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2737 At the outset, I want to commend the lead- related projects is appropriate to include in a to do to make government work is to ership of the Appropriations Committee for flood supplemental. By contrast, however, the change that mind-set. providing vital funding in addition to that re- other body has included a legislative rider con- I want to point out to you if you pass quested by the administration for flood-dam- cerning road right of ways across public land this, it will be a special interest dream. aged national parks, wildlife refuges, BLM which has absolutely no business being in this Any group that knows its program is public lands, and national forests. bill. about to get cut in an appropriation In California, the severe flood that inundated It is unfortunate that we will not have an op- bill will simply try to lobby to see to it Yosemite National Park has caused extensive portunity to debate the issue of legislating on that that bill never goes anywhere. If damage to many park facilities and resources, so-called RS 2477 roads at greater length in it does not, then comes October 1, destroying or damaging hundreds of housing the House. Unlike ESA, the House Resources bango, they are protected, they are se- units and campsites and other infrastrucure. Committee has not reported any legislation on cure. No matter how many GAO re- As a result of the extensive damage, the park RS 2477, an anachronistic 19th century stat- ports point out that the program is was closed and visitor access curtailed. ute thatÐas interpreted by a slim majority of lousy, no matter how many newspaper Yosemite is one of the crown jewels of our the other bodyÐwould allow States to build reports or television exposes point out national park system and the millions of visi- roads through national parks, and public lands that it is a waste of money, you cannot tors each year contribute significantly to the in Alaska, Utah, and other western States. stop spending it on that program under state and local economies. While the park This is the mining law of 1872 give-away for this proposal. That is not a way to save service is working to conduct the most urgent roads. money. That is a way to make the Con- repairs to roads and infrastructure using exist- Mr. Chairman, holding important legislation gress the laughingstock of the country. ing funds, the supplemental is urgently needed hostage to unrelated antienvironmental riders You do not need to do this to keep to reopen park areas in 1998. In the long run, is deja vu all over again. Didn't we learn any- government at work. This is like using with $186 million in restoration funds and $10 thing from the misguided and failed attempts a sledgehammer to kill an ant. If you million in funds to implement the Yosemite from last Congress. Whether it is in California really want to keep government work- Valley transportation plan, we have the oppor- or North Dakota or Kentucky, flood affected ers at work, what you ought to be tunity to enhance the visitor experience and citizens understandably have no tolerance for doing, for instance, is simply to look at better protect park resources in what is truly a Congress haggling over a 19th century statute ways to reverse the Civiletti ruling. national treasure. which has nothing to do with floods and every- That way you can keep the government I also am pleased with the committee's ef- thing to do with a narrow antienvironmental at work without freezing unnecessary forts to increase funding over the administra- agenda which would go nowhere under the spending into the mix for as long as tion's request for flood-related restoration on normal legislative process. There are too Congress cannot get together on a ra- tional solution. national forests. In California and other States, many vital and urgently needed provisions in I would also say that if you pass this, ill-advised logging practices and road con- this bill to get bogged down on a special inter- it will be a clear admission that you do struction have had a severe impact on water- est rider that has not been adopted by the not think that you can get your work sheds and water quality, contributing to runoff House and is likely to contribute additional done and that we cannot get the work which increases the severity of flooding down- delay in the form of a Presidential veto. of this House done on time. That is a stream. The bill provides $37 million for fish Mr. OBEY. Mr. Chairman, I yield my- lousy signal to send to the country. If and wildlife habitat restoration, soil stabiliza- self the balance of my time. you want to keep the government open, tion, road and trail maintenance and reloca- The CHAIRMAN. The gentleman keep it open. You know doggone well tion, $15 million of which is allocated to na- from Wisconsin is recognized for 3 min- that after the experience we have had utes. tional forests in California. The committee also last year, people in both parties will be Mr. OBEY. Mr. Chairman, again I provides over $32 million for road and trail and killing each other to rush to the micro- want to make the point that we did not facility reconstruction, $9.2 million of which phones to see to it that government is have government shutdowns the last 2 goes to California forests. open at that time. But if you do not Given the extensive flood-related damages years because of an unhappy accident. keep the pressure on for compromise We had it because of this kind of a to national forests in California and other and for making hard decisions now, mind-set: States, it is vital that the forest service use you assure that every potential loser One of your Members last year said, these funds in a cost-effective and environ- because we evaluate their programs as ‘‘I believe the short-term problems the mentally beneficial manner. Top priority should being ones that ought to be cut, you shutdown caused are a worthwhile be given to allocating these funds for road de- will assure they will create mounting price to pay.’’ commissioning in watersheds and unstable pressure not to pass those appropria- Another Member said, ‘‘The Presi- areas where poorly designed and maintained tion bills and the result will be more dent is at our mercy. With the looming roads have contributed to water runoff, stream waste than you have today. The re- prospect of another shutdown, people sedimentation, and mudslides. sponsible vote on this is no. might be out of work, all of whom will I would also like to comment on section 303 Mr. RAMSTAD. Mr. Chairman, I rise in op- of the bill which is intended to allow flood con- be in his programs. I think he’s going position to the Gekas amendment. I am dis- trol project repairs to go forward without con- to care more than we do.’’ appointed we are considering an amendment Another of your leaders said, ‘‘The cerns regarding consultations under the En- which would further delay much-needed relief dangered Species Act. Clearly, this is legisla- President can run parts of the govern- to the flood-ravaged Red River Valley. tive language which is subject to a point of ment that are left or he can run no I witnessed firsthand the incredible devasta- order under House rules. government. Which of the two of us do tion and the thousands of hurting people in the However, last week the House had a vigor- you think worries more about the gov- Red River Valley who are counting on Con- ous debate and reached a decisive conclusion ernment not showing up?’’ gress and the President for help. on this matter by adopting the Boehlert-Fazio Another of your leaders said, ‘‘We They need flood relief now to rebuild their substitute to H.R. 478. Substantially similar should be prepared to close down the homes, businesses, and communities. They language, acceptable to the administration, government. If we close it down, people don't need a Christmas tree bill with unrelated has also been agreed to by the other body. will listen. I don’t want to see govern- items attached to it like the Gekas amend- It is unfortunate that in this case we would ment shut down, but I’m not afraid of ment. allow procedure to obstruct the substance of it.’’ He also then went on to say, ‘‘I Under normal circumstances I would sup- legislation that is important to many members don’t see the government being shut port the automatic continuing resolution. How- of the California delegation whose districts down as a negative. I see it as a posi- ever, this legislation should be handled sepa- were affected by the flooding. It is my hope tive.’’ rately, and the Disaster Recovery Act passed that the conferees will reject the levees with- One other of your leaders said, ‘‘If we as soon as possible without an amendment out laws language contained in H.R. 478 and have to temporarily shut down the gov- which would cause a Presidential veto. instead adopt the compromise approach which ernment to get people’s attention to I respectfully urge my colleagues, on behalf is clearly supported by a majority in the show we’re going to balance the budg- of thousands of food victims in the Red River House. et, then so be it.’’ Valley who want to help themselves, to vote In my view, including legislative language That was the problem. It was not no to the Gekas amendment. Let's get help to clarifying the application of ESA to the flood- process. It was mind-set. All you have flood victims now without any further delay. H2738 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Ms. JACKSON-LEE of Texas. Mr. Chair- assumptions may be included in the explana- b 1700 man, I rise in opposition to this amendment to tory statement accompanying the budget reso- Mr. OBEY. Let me simply say, Mr. H.R. 1469, the emergency supplemental ap- lution. Chairman, if this is being rolled simply propriations bill. The 435 Members of the House who have for the purpose of the majority to whip I understand the motivation for this amend- the honor of being members of this body must because they do not have the votes, ment with the experience of the waning days and should insist on remaining accountable for then it is going to be very difficult for of the last Congress fresh in our minds with all of its actions. us to reach agreement. the budgetary process beginning for this Con- The constituents of the 18th Congressional The CHAIRMAN. The Chair will state gress. District deserve no less than my best effort to that the rule grants the Chair the dis- The need for this Congress to remain ac- participate actively and enthusiastically in all of cretion to roll votes. countable and responsive to the budget and the business of the people's House as their Mr. OBEY. It also, as you know, usu- all of the ensuring situations that might arise elected Representatives. ally is accompanied by a prior notice form disagreements with the administration is We should not give into the anxiety created critical. to the minority, and it is usually by our experience of the last Congress. We worked out on a bipartisan basis. The Congress considers the President's should work with each other during the budg- Mr. Chairman, that has not happened budget proposals and approves, modifies, or etary process through our management of this in this instance. disapproves them. This body can change House to do this job well. The CHAIRMAN. The Chair will indi- funding levels, eliminate programs, and add With over 200 years of history to support cate that the Chair was not a party to programs not requested by the President. It the way we have provided funds to operate either notification or not notification can add or eliminate taxes and other sources the United States' Government there is no and would be exercising the discretion. of receipts, or make other changes that affect precedent for making this amendment law. the amount of receipt collected. Pursuant to House Resolution 149, I would like to ask that my colleagues join All of this is accomplished under the Con- further proceedings on the amendment in opposition of this amendment. gressional Budget Act of 1974. The act re- offered by the gentleman from Penn- The CHAIRMAN. The question is on quires each standing committee of the House sylvania will be postponed. the amendment offered by the gen- and Senate to recommend budget levels and tleman from Pennsylvania [Mr. The point of no quorum is considered report legislative plans concerning matters withdrawn. GEKAS]. within the committee's jurisdiction to the Budg- It is now in order to consider amend- et Committee in each body. The Budget Com- The question was taken; and the Chairman announced that the ayes ap- ment No. 8 printed in House Report mittee then and only then should initiate the 105–97. concurrent resolution on the budget. peared to have it. AMENDMENT NO. 8 OFFERED BY MR. DIAZ- The budget resolution sets appropriate lev- Mr. OBEY. Mr. Chairman, I demand a BALART els for total receipts and for budget authority recorded vote, and pending that, I and outlays, in total and by functional cat- make the point of order that a quorum Mr. DIAZ-BALART. Mr. Chairman, I egory. It also sets appropriate levels for the is not present. offer an amendment. budget deficit and debt. PARLIAMENTARY INQUIRY The CHAIRMAN. The Clerk will des- Budget resolutions are not laws and there- Mr. OBEY. Mr. Chairman, I have a ignate the amendment. fore, do not require the President's approval. parliamentary inquiry. The text of the amendment is as fol- However, Congress does consider the admin- The CHAIRMAN. The gentleman will lows: istration's view, because legislation developed state it. Amendment No. 8 offered by Mr. DIAZ- to meet congressional budget allocations does Mr. OBEY. Is it the intention of the BALART: require the President's approval. Chair to try to roll this vote? We have Page 51, after line 23, insert the following Congress does not enact a budget as such. not had votes rolled all day. Why are new section: It provides spending authority for specified we rolling a vote without notice to this EXTENSION OF SSI REDETERMINATION purposes in several appropriations acts each side? PROVISIONS year. In making appropriations, Congress does The CHAIRMAN. Under the rule, the SEC. 3303. (a) Section 402(a)(2)(D)(i) of the not vote on the level of outlays directly, but Chair has the option to postpone re- Personal Responsibility and Work Oppor- rather on budget authority, which is the au- quests for recorded votes at his discre- tunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(D)(ii)) is amended— thority to incur legally binding obligations of tion. The Chair would indicate to the (1) in subclause (I), by striking ‘‘the date the Government that will result in immediate or gentleman that he would have post- which is 1 year after such date of enact- future outlays. poned the previous 5 votes had rollcall Last year, I joined with many of our col- ment,’’ and inserting ‘‘September 30, 1997,’’; votes been requested, but the rule and leagues to address the problems of the last makes it clear that the Chair has the Congress' budget disagreements. I attempted (2) in subclause (III), by striking ‘‘the date discretion to postpone votes on any of the redetermination with respect to such to avoid the Government shutdowns which oc- amendment. individual’’ and inserting ‘‘September 30, curred by introducing legislation to raise the Mr. OBEY. We just had a rollcall vote 1997,’’. debt ceiling limit to avoid a Federal Govern- on the Neumann amendment. (b) The amendment made by subsection (a) ment default of its financial obligations and in- The CHAIRMAN. The gentleman is shall be effective as if included in the enact- sulate critical agency. ment of section 402 of the Personal Respon- I stood with many Members on the issue of correct. That vote would have occurred sibility and Work Opportunity Reconcili- the budget crises and fought to resolve the in addition to 4 others had there been ation Act of 1996. issue. rollcall votes requested. Those amend- ments were adopted by voice vote. The CHAIRMAN. Pursuant to House I believe that this amendment would further Resolution 149, the gentleman from Mr. OBEY. Could I ask for how long complicate the budget process by attempting Florida [Mr. DIAZ-BALART] and a Mem- it is going to be rolled? to meet the Government's obligations without ber opposed will each control 10 min- obligating the Congress to do its job. The CHAIRMAN. Until later in the utes. consideration of the bill. The reconciliation directives in a budget res- The Chair recognizes the gentleman Mr. OBEY. So we are not going to olution usually require changes in permanent from Florida [Mr. DIAZ-BALART]. laws. They instruct each designated commit- know how we voted on this amendment tee to make changes in the laws under the when we consider other amendments? PARLIAMENTARY INQUIRY committee's jurisdiction that will change the The CHAIRMAN. The Chair would in- Mr. DIAZ-BALART. Mr. Chairman, I levels of receipts and spending controlled by dicate that postponing a vote on an have a parliamentary inquiry. the laws. amendment that would not technically The CHAIRMAN. The gentleman will However, the changes in receipt and outlay affect consideration of additional state his inquiry. amounts are based on certain assumptions amendments that could be offered up Mr. DIAZ-BALART. Mr. Chairman, about how laws would be changed, and these would not be out of the ordinary. has the Chair made inquiry as to May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2739 whether or not there is a Member who So I want to say to the House today ever get back in human and social serv- will rise in opposition? that we are offering this amendment ices, and yet this Congress felt there The CHAIRMAN. The Chair has not, for the good of the SSI recipients was no distinction to be made between and has given the author of the amend- throughout this country who are legal illegal aliens and legal residents. They ment the opportunity to explain the immigrants, who have been in this felt that the immigrants were such a amendment and then will request if country, who have been responsible in dirty word amongst the American pub- there is a Member in opposition. terms of their taxpaying dues, who lic that we could bash immigrants and Mr. DIAZ-BALART. Mr. Chairman, I have been responsible as good and scapegoat immigrants all the way yield myself such time as I may worthwhile legal immigrants and who through the last Congress, and that is consume. deserve in their elderly state of mind, exactly what the bill, that the welfare Mr. Chairman, this amendment, and who deserve, those who are dis- reform bill that passed last Congress, which is cosponsored by my dear col- abled and who deserve, those who are did. It made no distinction between leagues, the gentlewoman from Florida young and unable to work, they de- legal immigrants and illegal aliens. [Mrs. MEEK], as well as the gentleman serve this kind of attention from the Let me remind my colleagues that from Florida [Mr. Shaw], the gentle- Congress to say that we will extend the 24,000 legal immigrants serve in our woman from Florida [Ms. Ros- time, give them a time to get the bene- Nation’s military. Imagine them on Lehtinen], and the gentleman from fits that they so much deserve. duty in Bosnia today without us pass- Rhode Island [Mr. KENNEDY] obviously So what this amendment will do, will is a bipartisan effort which parallels ing this bill. In essence, we are going to do what the Congress wants to do, is to pass a supplemental bill to fund very exactly the companion language give us time to have our colleagues that was passed in the Senate with 89 Bosnia, but we are not going to pass a vote and act on the additional moneys bill that would allow—— votes just a few days ago, language in which has already been recommended the Senate that was submitted by Sen- Mr. SHAW. Mr. Chairman, will the to them to come before the end of the gentleman yield? ators D’AMATO and CHAFEE and DEWINE year. Mr. KENNEDY of Rhode Island. I and others, and it would restore vital We want to be sure that there is no yield to the gentleman from Florida. supplemental security income, SSI, as- cutoff of SSI and there is no cutoff of sistance to legal taxpaying immigrants Medicaid. Many people do not realize Mr. SHAW. Mr. Chairman, I would for a 6-week period to allow time for that in many of the States, SSI and like to tell the gentleman that legal details of the budget agreement to be Medicaid are linked together, and immigrants who serve in the military finalized which will lead to a more many of the people in nursing homes, were never, never excluded from any long-term solution, Mr. Chairman. their benefits would be cut off if it welfare benefits, and they were specifi- That in essence is the explanation of were not for this good bipartisan cally included. the amendment. Mr. KENNEDY of Rhode Island. Re- Mr. Chairman, I reserve the balance amendment which our colleagues are hearing now, and because of this they claiming my time, their parents, their of my time. cousins, what is the gentleman from The CHAIRMAN. Is there a Member will be able to remain there and re- Florida saying; that their aunt, and let who would rise in opposition to the ceive their benefits until Congress acts us say they are over in Bosnia, that amendment and seek the time? upon this. Mr. SABO. Mr. Chairman, I do not, Mr. Chairman, it is not going to cost their mother or father, or their uncle but I ask unanimous consent that if no but $240 million, and that has been or aunt who is back in the United one rises in opposition, then the gen- taken care of in terms of the offsets States is not going to get cut off? tlewoman from Florida [Mrs. MEEK] which the chairman and the ranking Mr. Chairman, I would like to ask might have the 10 minutes as the co- member have explained to us before. the gentleman from Florida [Mr. SHAW] author of the amendment. We are so pleased that these needy peo- to respond to that question. The CHAIRMAN. Is there objection ple, they are aged, they are frail and Mr. Chairman, the fact of the matter to the request of the gentleman from certainly disabled, that they will get a is it is absolutely a shame the gen- Minnesota? chance now to continue to get the food, tleman has asked me that question There was no objection. to be sure to get the health care, to be when he was the author of last year’s The CHAIRMAN. The gentlewoman sure and get the medical care and to be bill and yet he knows full well what we from Florida [Mrs. MEEK] will control sure to get the benefits which this are talking about here, and that bill, the 10 minutes. country has afforded them. Mr. Chairman—— Mrs. MEEK of Florida. Mr. Chair- Mr. Chairman, I say to you that what Mr. SHAW. Mr. Chairman, if the gen- man, I yield myself such time as I may we have done here today is an out- tleman will calm down, I am a cospon- consume. standing thing, and I want to thank sor with him on this particular amend- Thanks to my colleague, the gen- both parties and everyone who has ment. Now if he wants to try running tleman from Florida [Mr. DIAZ- been in on this, and I wanted to yield off votes, then that is the way to han- BALART], and I want to certainly thank some time to the other Members of the dle it, but I will explain to the gen- the Members of the Committee on Ap- House. tleman that we are packaging a deal propriations, the chairman and the First of all, Mr. Chairman, I yield 2 that is going to take care of all of ranking member who have worked so minutes and 45 seconds to the gen- those that were here on August 22. So hard, and the gentleman from Min- tleman from Rhode Island [Mr. KEN- if the gentleman would calm down. nesota [Mr. SABO] to see that we got NEDY]. there so far, and the chairman of the Mr. KENNEDY of Rhode Island. Mr. Mr. KENNEDY of Rhode Island. Mr. Committee on Rules as well. I feel Chairman, I would also like to thank Chairman, I reclaim my time. strongly about thanking all of these the gentlewoman from Florida [Mrs. The CHAIRMAN. The gentleman people because they did, Mr. Chairman, MEEK] for her leadership on this issue from Rhode Island does control the allow us to get where we are now and and my good friend and colleague, the time. to have this time divided between my gentleman from Florida [Mr. DIAZ- Mr. KENNEDY of Rhode Island. Mr, good friend [Mr. DIAZ-BALART] and my- BALART]. But, Mr. Chairman, I want us Chairman, we are so glad to have the self. I also want to recognize the fact to stop for a moment and not pat our- gentleman from Florida [Mr. SHAW] fi- that the gentleman from Rhode Island selves so much on the back because we nally acknowledging that these are [Mr. KENNEDY] and the gentlewoman are about to pass this amendment. Let legal immigrants who should not be from Florida [Ms. ROS-LEHTINEN] and us recall what created this problem in cut off assistance. We are so glad that many others have worked very dili- the first place. Let us recall that it was he has finally come around and sup- gently on this, and I certainly want to a discriminatory welfare reform bill ported this bill. thank them for the time they have put that cut $24 billion out of legal immi- Mr. Chairman, in August 3,500 of the most on it, and I appreciate their sensitivity grants’ assistance, $24 billion that the vulnerable residents of my State of Rhode Is- to this problem which we worked in a legal immigrants of this country pay land will be expelled from the Supplemental bipartisan basis to get to this far. taxes for, far in excess of what they Security Income [SSI] program. H2740 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Mr. Chairman, these are not able bodied rate that it is growing for citizens. 800,000 people; 800,000 elderly folks who adults with no desire to workÐthese are elder- Now that is not to say that we need to will be left to their own resources to ly and severely disabled legal immigrants who pull the rug out from under people who survive. will never be able to work. In fact, most came are already here, and that message is Out of this group of 800,000 people, to the United States desiring to work hard and out there, and that message has been Mr. Chairman, is Mary Solanes, a 72- achieve the ``American dream'' like most citi- heard, and we are going to solve that year-old elderly woman who is a con- zens. problem as part of the budget negotia- stituent of my congressional district, Unfortunately however, they have gotten old tions and reconciliation that we will be who not only was a victim of Hurricane and become ill and can no longer contribute to going through in the month of June. Andrew that destroyed her home, but the economy as they once had. There is nobody in this House that also then became a victim of building Mr. Chairman, without SSI, many of these wants to see people who have abso- contractor fraud. To make her situa- elderly and disabled individuals will have no lutely no place to turn to be dumped tion even worse, Mary Solanes will means of survival. Many live in nursing homes out on the streets, and we are not have to fend for herself without the aid and will be put out once their assistance going to allow that to happen. But also of SSI benefits, even though she has ceases. Many have no family members with there is nobody in this House that I custody of her two minor grand- the financial ability to care for someone in think really wants to continue to use children after her daughter was mur- their condition. SSI as a pension system for nonciti- dered by the children’s father. These people are not getting rich off the zens. It was never designed that way, We, as Representatives of the people, systemÐthey are barely getting by. and if that is what we are going to do, should not make this poor, elderly This is precisely why the Diaz-Balart, Meek, then we should face that as a separate woman, who has endured the loss of her Shaw, Ros-Lehtinen, Kennedy amendment to pension system that we would have to home twice over, as well as the murder extend the SSI program until the beginning of take a look at. But I do not believe of her daughter, have to survive with- the 1998 fiscal year is so important. that the American people would want out any help whatsoever. The SSI An extension of the SSI cutoff date would to do that. check that Mary Solanes receives is allow Congress and the Clinton administration Mr. Chairman, this is the right solu- the only means of sustenance that she to finalize their agreement to restore some tion. We are doing the right thing, and has to support herself and her grand- benefits to legal immigrants. Many of these in- we will continue to do the right thing. children. dividuals who are facing termination will qual- We will be finetuning this legislation. I Add to the list another constituent of ify to continue receiving SSI under the budget have said all along, the gentleman my district, Mr. Jose Jimenez, a 90- agreement. from Michigan [Mr. LEVIN] who is my year-old man, who was the father of a The 2 month gap between the cutoff date ranking member on the Committee on Korean War veteran. Jose came from and the beginning of the 1998 fiscal year will Ways and Means knows that we have Cuba with an affidavit of support create enormous difficulties for the Social Se- been working for a solution even before signed by his son. Unfortunately for curity Administration, health care providers, the White House and the budgeteers him, shortly after he arrived, his son, and hundreds of thousands of new Americans came in and tried to strike their deal the Korean War veteran died, leaving who will have no means of support for 2 in putting together a bill. him alone without knowing where to months. So I think we need to keep the rhet- go and without being eligible for any An extension of the program would avert oric down, I think we need to work to- kind of support. If we were to cut this this trainwreck and maintain a decent standard gether to solve this problem. This is poor, 90-year-old man’s benefit, he will of living for thousands of deserving individuals. certainly the interim solution. I sup- surely be homeless. I urge my colleagues to vote yes on this port this amendment, and I am very Further add to the list another one of amendment and support the rights of all Amer- pleased to have my name associated my constituents, Consuelo Brito, a 92- icansÐnot just those who are native-born. with it. year-old elderly woman who is bound Mr. DIAZ-BALART. Mr. Chairman, I I would also like very much to com- to a wheelchair and blind. She has at- yield 3 minutes to the gentleman from pliment my colleagues, the gentleman tempted repeatedly to take the citizen- Florida [Mr. SHAW], someone who has from Florida [Mr. DIAZ-BALART], the ship test, but has failed all attempts. been instrumental in the area not only gentlewoman from Florida [Ms. ROS- Consuelo, again, is 92 years old, bound of welfare reform, but in precisely try- LEHTINEN], the gentlewoman from to a wheelchair and blind. Where ing to formulate a solution to the prob- Florida [Mrs. MEEK], and the gen- should a poor, elderly lady like lem that we are dealing with today and tleman from Rhode Island [Mr. KEN- Consuelo go if she loses her SSI bene- who was instrumental in making this, NEDY] for being part of the sponsorship fits? Do we honestly believe that she permitting this, amendment to come to of this most important amendment. I will be hired by someone? Obviously the floor in the consensus fashion that think it will receive the overwhelming not. it has. As I say, it is very much a part support of the House, and I would hope Finally, consider the case of Onesia of the negotiations to find a humane that it would pass and we can go on to Bueno, an 82-year-old woman, also a and definitive solution to the very, the next phase of working these prob- constituent of my district, who has no very serious problem that brings us to lems out for legal citizens, legal non- one here to look after her. Her hus- the floor at this point. citizens, excuse me, legal noncitizens band, a former political prisoner in Mr. SHAW. Mr. Chairman, I thank who find themselves in a tough spot Cuba, died in 1980, leaving her alone. the gentleman from Florida for yield- here in this country and were here on Ironically enough, her husband suffered ing me this time, and I am pleased to August 22, 1996 when this bill was at the hands of Cuba’s tyranny for his join with the gentleman from Florida, passed and signed into law by the crime of helping the United States dur- the gentlewoman from Florida [Ms. President. ing World War II. She faces homeless- ROS-LEHTINEN] and even the gentleman ness without Social Security supple- b from Rhode Island [Mr. KENNEDY] as a 1715 mental assistance. This amendment cosponsor of this amendment which I Mrs. MEEK of Florida. Mr. Chair- will at least carry her over for a few think is very much needed to bridge man, I reserve the balance of my time. more weeks. the time from August 22 when the wel- Mr. DIAZ-BALART. Mr. Chairman, I Because of these examples and hun- fare reform bill, as it applies to legal yield 3 minutes to my distinguished dreds like them, just based in my own immigrants, is going to go into effect colleague from south Florida [Ms. ROS- congressional district, we urge our col- until the first of the year to give us the LEHTINEN]. leagues to consider the amendment time to work out a reasonable solution. Ms. ROS-LEHTINEN. Mr. Chairman, that would extend the elimination of Mr. Chairman, I think a history les- the Social Security Administration has benefit cutoff dates to Mary, to Jose, son is necessary here. Right now, 51 informed recipients of SSI benefits, to Consuelo, to Onesia, and all of the percent of the moneys that we spend on that is the elderly over 64, blind and elderly. the elderly in SSI goes to noncitizens. disabled, that they will lose their bene- Folks far over the age of 64 are in des- We have found that the payment to fits in August. These legal residents, perate need of assistance. They are all indi- noncitizens is growing at 10 times the who have received this notice, total viduals who unfortunately will be left to their May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2741 own resources to survive and who are far too its tremendous cooperation at this ment. I hope we have the political old or disabled to work. We cannot as legisla- time. courage to make it permanent. tors cut aid to those who need it the most and However, some of those legal resi- Mrs. MEEK of Florida. Mr. Chair- to those who have no other option to sustain dents who have worked decades in our man, I yield such time as he may themselves because of their age or disability. country are unable to become citizens consume to the gentleman from Min- Because we cannot forsake Mary, Jose, because their disability does not allow nesota [Mr. VENTO]. them to learn English or American his- Consuelo, Onesia and many others, I implore (Mr. VENTO asked and was given tory, or even comprehend the citizen- my colleagues, therefore, to pass this amend- permission to revise and extend his re- ship oath. We must not change the ment, not only for the good of these elderly marks.) who are so desperately in need, but to fulfill rules for these folks retroactively, and the duty of our occupations, as members of only after these people are unable to Mr. VENTO. Mr. Chairman, I rise in Congress, to represent all of the people, in- support themselves. support of the amendment. cluding the elderly, the poor and the disabled. This amendment does what is nec- Mr. Chairman, I rise in support of the Diaz- This amendment could not have been pre- essary now, and before this amendment Balart/Meek amendment to postpone the cut- sented here today without the support, guid- expires, I believe this House will have off of SSI and Medicaid payments to legal im- ance and leadership of the gentleman from made a permanent change in the law to migrants. This is a commonsense amendment Florida [Mr. SHAW], the gentleman from Florida assure benefits to elderly and disabled that not only addresses the inadequacies of [Mr. DIAZ-BALART], the gentlewoman from Flor- legal residents in America currently the welfare reform law, but it gives Congress ida [Mrs. MEEK], the gentleman from Rhode Is- receiving SSI benefits. and the administration time to make good on land [Mr. KENNEDY], and many others who Mrs. MEEK of Florida. Mr. Chair- their word to restore benefits to legal immi- have worked on a bipartisan basis to help the man, I yield 1 minute to the gentleman grants. elderly, the poor, and the disabled. from Arizona [Mr. PASTOR], my col- I think many of my colleagues would agree Mrs. MEEK of Florida. Mr. Chair- league on the Committee on Appropria- that the old welfare system, as structured, man, I yield 1 minute to the gentleman tions. needed significant change and a refocus upon from Wisconsin [Mr. OBEY]. (Mr. PASTOR asked and was given the basic goals of getting families back on Mr. OBEY. Mr. Chairman, I thank permission to revise and extend his re- their feet, parents back to work, and children the gentlewoman for yielding me the marks.) back into more secure financial situations as time. I would simply say that I think Mr. PASTOR. Mr. Chairman, first of soon as possible. In finally enacting welfare this action is responsible, it is needed, all, I want to thank the sponsors of reform, tough and pragmatic choices had to it is fair, it is overdue. These people this amendment. It is very important. be made in order to transform the system to should never have been bounced in the As it has been said, it is responsible one that more effectively facilitates movement first place. and it is humane. from welfare to work. However some effects of I would also say, as the gentleman However, Mr. Chairman, the point the welfare law are just plain wrong. Legal im- from Rhode Island [Mr. KENNEDY] has has been made that as we discuss the migrants have been forced to shoulder a dis- noted, that I hope that this little patch parameters of the budget and the funds proportionate amount of the cuts, which on our consciences does not suffice to that will be needed to restore some of amounting in a crushing burden on such indi- cover up all of the other changes that these benefits, if we do not go to the viduals and families. are needed in the welfare program to $14 billion or higher, what is going to Passage of the Diaz-Balart/Meek amend- make that program in fact balanced happen is that hundreds of thousands ment, and other proposals like it, has become and fair and decent to a lot of des- of elderly legal immigrants who are crucially important given the potential impact perate human beings. not disabled will not receive services in of the welfare reform bill on legal immigrants. For instance, it still is grossly harsh the future. This amendment is a short- We must face the facts, welfare reform has a to persons who, through no fault of term solution to a problem, but as we long way to goÐit wasn't handed down to their own, lose their jobs and are, debate the budget we need to ensure Moses on Mount Sinai. Sadly, the Republican therefore, deprived of long-term food that all the legal immigrants that de- leadership is reluctant to fully recognize the stamp benefits until they can obtain serve these services will be reinstated. repercussions of the welfare reform legislation another job. So while we need to do Mrs. MEEK of Florida. Mr. Chair- and shows no clear inclination to act in a time- this today, I hope that this is not the man, I yield 1 minute to the gentleman ly fashion on the limited changes much less full measure of the conscience of the from Wisconsin [Mr. SABO], who is a the broad problems with the legal immigrants. Congress, because we would indeed be member of the Committee on Appro- found wanting. priations. In my home district of St. Paul, Minnesota, Mr. DIAZ-BALART. Mr. Chairman, I Mr. SABO. Mr. Chairman, I thank I represent a large population of Hmong from yield 2 minutes to the gentlewoman the gentlewoman for yielding me this Laos, many of whom risked their lives fighting from Connecticut [Mrs. JOHNSON], a time. alongside U.S. soldiers in the Vietnam War. distinguished member of the Commit- I rise in strong support of this Because of the injuries many of them suffered tee on Ways and Means. amendment which restores the eligi- in combat in addition to the fact that the Mrs. JOHNSON of Connecticut. Mr. bility of SSI until the end of this fiscal Hmong did not have any written language until Chairman, I rise in strong support of year. I want to particularly commend recent years, many of them are not able to this amendment. It would give us the the gentlewoman from Florida [Mrs. pass the citizenship test. Whatever chances time we need to work out the details of MEEK], our good friend, for her persist- most Hmong who served may have had to the budget agreement and provide ap- ence. We are here because of her efforts learn a written language were disrupted by the propriate relief to elderly and disabled on the Committee on Appropriations to fifteen years of war in Laos. Now the Hmong non-citizens. set the framework for having a floor are fearing for their lives in a new warÐwel- In my district, many legal residents amendment to be offered. fare reform. It is unfair for the Federal Govern- have worked hard in America, paid I just want to say a special word of ment to back away from its commitment to taxes for 10, 20, 30, 40 years, and some thanks to her because as the son of im- support states, such as my home state of Min- of those folks now depend on SSI and migrants, I especially appreciate her nesota, which have taken in a high number of some of the benefits provided by this efforts in behalf of extending for a legal immigrants. Many of these residents are Government. I have worked hard with short period of time truly justice for taxpayers who deserve to be protected by the the Polish American Congress and many deserving Americans. same safety net as U.S. citizens. The Hmong other organizations in the Polish and Mrs. MEEK of Florida. Mr. Chair- would suffer greatly under the new welfare law Hispanic communities to make sure man, I yield 30 seconds to the gen- in spite of provisions which treat them as refu- that those who want to apply for citi- tleman from California [Mr. FARR]. gees differently than other legal immigrants. zenship can do so promptly, get their (Mr. FARR of California asked and This January, I reintroduced the Hmong Vet- applications processed promptly, and was given permission to revise and ex- erans Naturalization Act, which would ease continue to receive their benefits as tend his remarks.) citizenship requirements for the Hmong who American citizens, and I would like to Mr. FARR of California. Mr. Chair- fought so vigilantly alongside the U.S. Armed commend the INS office in Hartford for man, I rise in support of the amend- Forces during the Vietnam War. The Hmong H2742 CONGRESSIONAL RECORD — HOUSE May 15, 1997 community is a vital part of the greater Min- This is a nation of diverse people that has many of those unnamed, either in the indi- nesota community and of our nation, contribut- a long tradition of expanding the roles of our cated sponsorship of this amendment or in ing in all facets of our economy including edu- nation's citizens through a formal adoption membership in this Congress; to the voluntary cation, medicine, civic leadership, and entre- program called Legal Immigration. organizations throughout this country who preneurship. St. Paul, MN is the first city in the The actions of the last Congress in passing raised their voices, often when some of the Nation to elect a Hmong to public office, but immigration reform which treated legal and il- elected officials in their own state were silent; it will undoubtedly not be the last. In the St. legal immigrants with out delineating between and to the legal immigrants themselves, who Paul public schools, Southeast Asian students the two groups was wrong. came to this nation, sometimes as refugees compose 25 percent of student body. The Legal immigrants to our Nation should be from persecution, from a variety of nationsÐ Hmong community in St. Paul are a part of encouraged and fully recognized with the full Iraq, the Soviet Union, Vietnam, Latin America Minnesota's future. protection of our Nation's laws. and China, among others, and who spoke out Much of the legislation we have been dis- In March, approximately 800,000 legal resi- to all of America, reminding us that we built cussing over the past months since welfare re- dents of the United States received letters this nation with the brains and labors of legal form was enacted, are quick fixes at best. from the Social Security Administration inform- immigrants, and that we should not turn our Members of Congress and the administration ing that they may lose their benefits in August backs on them in 1997. need to come together to find workable solu- unless they qualify for exemption or achieve Mrs. MEEK of Florida. Mr. Chair- tions that will not be portrayed as a permanent U.S. citizenship. man, I yield myself the balance of my fix while leaving individuals vulnerable. I am Age, infirmity, and mental and physical con- time. concerned that according to news reports, the dition were not taken into account when immi- Two weeks ago, 5,000 Russian Jews budget agreement tries to ``fix'' the problem for gration reform was passed by this body and came back to the west side of the Cap- legal immigrants by extending the eligibility pe- signed into law. itol to say they came to this country, riod for refugees from 5 to 7 years. The addi- This amendment would allow us to do the they were promised aid when they got tional 2 years is hardly an adequate approach. right thing and provide for those who are abid- to this country, and I am happy that What Congress and the administration should ing by our Nation's laws by becoming legal this Congress recognizes that not only do is set in place a permanent eligibility stand- residents of our country. those 5,000 Russian Jews who served to ard. Anything short of that approach will allow The amendment if adopted would postpone help us in the global economy, as well innocent individuals whether they be Hmong until the end of fiscal year 1997 the scheduled as in the wars that we have just fought veterans, Russian-Jews, or other refugees, to cutoff in Supplemental Security Income [SSI] to say that today we stand here for all fall through the cracks. They may well become payments to illegal immigrants. These benefits legal immigrants and say to them, we non-citizens, indigent after 7 years as a ref- go to needy persons who are over 64, blind, want your time extended until the uge, but without Social Security or meeting the or disabled. The amendment would rescind time Congress has a chance to do the 15 year threshold for SSI considerations. $240 million from the Job Opportunities and right thing. Mr. DIAZ-BALART. Mr. Chairman, I Mr. Chairman, I urge support for the pend- Basic Skills [JOBS] program to offset the yield myself such time as I may ing amendment. I also urge our leadership to amendment's cost. develop a comprehensive solution to the prob- consume. I would urge my colleagues to join in sup- One of the cases that has most im- lem of all legal immigrants that have been port of this very important amendment to the mistreated under the current new welfare law. pacted me in the last months as I have emergency supplemental appropriations bill. looked toward August and the impend- Mrs. MEEK of Florida. Mr. Chair- Mrs. MEEK of Florida. Mr. Chair- ing cutoff of SSI to legal, taxpaying man, I yield 30 seconds to the gentle- man, I yield 30 seconds to the gen- woman from Florida [Ms. BROWN]. immigrants is the case of Guido Diaz. tleman from Michigan [Mr. LEVIN]. Ms. BROWN of Florida. Mr. Chair- Guido Diaz was a political prisoner for (Mr. LEVIN asked and was given per- man, I rise in support of the amend- years in Castro’s gulags, beaten daily mission to revise and extend his re- ment, but the important point on this as a prisoner of conscience. Finally, he marks.) amendment is that it never should managed to get out of the totalitarian Mr. LEVIN. Mr. Chairman, the legal have been included in the welfare re- nightmare that today is Cuba and ar- immigrant provisions never should form bill. It is a cruel way to attack rive in the United States. have been in the welfare bill. When the the helpless people in this country. Shortly after, apparently the cumu- When I went to South America last President signed it, he said he was lative effect of the daily beatings month, I heard plenty about this provi- going to work to take out these provi- caused a stroke, a massive stroke for sion. The message that we are sending sions, as did a number of us who voted Guido Diaz, and he is in a wheelchair. out about this country is that we are for this bill. This is the first step to re- He is incognizant, and as much as I am mean-spirited and racist. Is that the deem that promise. sure that he would love to become a kind of message we want to send? Let Welfare reform was always about citizen of this great country, he cannot us support this amendment. Let us be moving younger people off of welfare to do so. fair to all of the people in this country. work, not penalizing elderly legal im- What we are doing today, Mr. Chair- Mrs. MEEK of Florida. Mr. Chair- migrants. We have to go further than man, is making sure that the Guido man, I yield such time as she may this. This is the first step, and I con- Diazes who fell through the cracks in consume to my colleague, the gentle- gratulate all who joined in this over- the reform that was implemented just woman from Texas [Ms. JACKSON-LEE]. coming the initial resistance to this ef- some months ago are saved, and that (Ms. JACKSON-LEE of Texas asked fort. those legal immigrants in the United and was given permission to revise and Mr. Chairman, this has been a long haul. States who cannot become citizens will extend her remarks.) When the President announced his decision not be cut off, those who were here le- Ms. JACKSON-LEE of Texas. Mr. to sign a welfare bill, substantially reshaped gally in August of 1996. I commend my Chairman, I rise in support of this after his two earlier vetoes, he promised to colleagues for their support and urge amendment to help all the grand- work to change several parts he disliked, par- all of my colleagues to join in support- mothers that are legal immigrants who ticularly those relating to legal immigrants. ing this bipartisan amendment. pay taxes over the years and have com- When a number of us spoke on the Floor Mr. NADLER. Mr. Chairman, today we have mitted themselves to America. who voted for the bill, we made the same an opportunity to take the first step to undo Mr. Chairman, I rise in support of the Diaz- promise. some of the damage caused by the immigra- Balart, Shaw, Meek, Ros-Lehtinen amendment Today, we take the first step to redeem that tion and welfare reform laws passed in the last to H.R. 1469, the emergency supplemental promise. Congress. That inhumane legislation was tar- appropriation bill. Welfare reform was about moving mostly geted at the most vulnerable in the immigrant I speak on behalf of the 14,380 legal immi- younger parents with children off welfare into community, and it must be reversed. I urge my grants who in 1995 listed Houston, TX as their work, safeguarding the health and care of their colleagues to support this amendment to delay intended area of residence. It is estimated that childrenÐnot about penalizing elderly, often the date of enactment of the harshest provi- 8 percent of the 18,724,000 residents of the disabled legal immigrants. sions of these laws. The Senate has already State of Texas are foreign born according to To right this wrong, we have had to over- voted overwhelmingly in support of this meas- the League of Women Voter's report ``Immi- come considerable resistance. That we are ure, and I am hopeful that the House will do gration an American Paradox.'' moving in this direction now is a tribute to the same. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2743 We must prevent the widespread human able to do so. Our action, last Congress, was are appropriated, out of any money in the hardship that threatens our communities due nothing more than a punishment for them not Treasury not otherwise appropriated, for re- to the passage of the welfare and immigration becoming U.S. citizens, a requirement that covery from natural disasters, and for over- laws. In the past few months, we have begun seas peacekeeping efforts, including those in has never been imposed on legal residents Bosnia, for the fiscal year ending September to see the often tragic impact of these laws. previously, and certainly a requirement that 30, 1997, and for other purposes, namely: We have already heard reports of many immi- should not be imposed retroactively. grants being turned out of nursing homes due Today, we have an opportunity to right a CONSERVATION RESERVE PROGRAM to the impending cutoff of their disability pay- wrong. I urge my colleagues to join in adopt- None of the funds made available to the ments. If this amendment does not become ing the gentlelady's amendment. Let us not be Secretary of Agriculture, in this or any law, we will witness much worse. Mr. Chair- guilty of inflicting needless suffering on those other Act, shall be used to enroll a total of more than 14,000,000 acres of land in the Con- man, we are in the midst of a national tragedy whose only crime is that they are not U.S. citi- servation Reserve Program during fiscal in the making. Widespread homelessness, zens. year 1997: Provided, That the Secretary, poverty, and loss of life will surely result. Pri- Ms. PELOSI. Mr. Chairman, I rise today in using his authority to enroll marginal vate charities and shelters will be unable to strong support of the Diaz-Balart/Meek pasturelands, shall not exclude the enroll- accommodate all those who will be cut off. amendment to postpone the cutoff of SSI pay- ment of rangeland for purposes of restoring The impending crisis has also led to incred- ments to legal immigrants until the end of fis- riparian habitat and protecting water qual- ible anxiety for elderly immigrants who do not cal year 1997. ity. know where to turn for help. Riva Feldsher, a The budget agreement makes good on POINT OF ORDER Russian immigrant living in Illinois who is President Clinton's promise to restore some Mr. SMITH of Oregon. Mr. Chairman, nearly blind after suffering a stroke several benefits to disabled legal immigrants. How- I rise to make a point of order against years ago, recently asked a reporter ``What ever, this restoration will not occur soon the language in H.R. 1469 appearing on am I going to do? I am an old person. The enough for nearly 800,000 elderly and dis- page 3, lines 1 through 9. only choice I have is to go on the street and abled legal immigrants who rely to SSI bene- The CHAIRMAN. The gentleman will die there.'' I have also heard stories of immi- fits for basic survival needs such as food and state his point of order. grants who have committed suicide due to the shelter, who have received notice that they Mr. SMITH of Oregon. Mr. Chairman, fear they feel about these new laws. There is may lose their benefits beginning in August. I ask unanimous consent to revise and a great deal of fear in our immigrant commu- This amendment would delay that cutoff so extend my remarks. nities, and we must make every concerted ef- that we may get serious about the business of Mr. Chairman, I will just review fort to alleviate anxiety and restore benefits. restoring benefits for these people in such quickly my point. The provisions on This is critical legislation. The measure that desperate need. page 3, lines 1 through 9, violate clause we are seeking to delay with this amendment Scores of frail and faltering immigrants have 2(b) of House rule XXI by legislating in targets legal immigrantsÐpeople who entered been driven to panic. A desperate few, at least an appropriation bill. this country legally and openly, paid taxes, five at last count, have been driven to suicide and contributed to our economyÐwho are because of impending starvation and helpless- Mr. Chairman, this amendment was now elderly and disabled and who deserve our ness. It is shameful that a country like ours al- added in the appropriation process, re- support. An extension of this kind is necessary lows vulnerable people to live with that kind of ducing CRP in the United States from to allow time for the Congress to substantially fear. Legal residents who have played by the 19 million acres to 14 million acres. It modify the law in order to protect elderly and rules to get to our country, who have worked changes the law in this country. There disabled immigrants in a more comprehensive and paid taxes and who are making a good were never hearings held on it, and in manner. While I would prefer to see an imme- faith effort to become citizens, do not deserve 1996 they decided in the FAIR bill to diate and complete restoration of benefits to the punishment this cutoff metes out. The provide for 19 million acres of CRP. legal immigrants, I support this temporary Diaz-Balart/Meek amendment is not a perma- One other point, Mr. Chairman. measure to maintain benefits while budget ne- nent solution, but it will allow these vulnerable The CHAIRMAN. The gentleman will gotiations continue. residents to continue to survive while the suspend. Without this delay, termination notices will President and this body work to rectify the While the gentleman is suspending, begin to go out in July and we will have, at the egregious and inhumane mistake that was the Chair would apologize to the gen- very least, a short-term loss of benefits which made in first eliminating the eligibility for these tleman and indicate that the gen- would be a disaster to elderly and disabled im- people in need. tleman cannot revise and extend on a migrants and the communities in which they I urge my colleagues to support the Diaz- point of order. The gentleman must live. This amendment should alleviate some of Balart/Meek amendment. state his entire point of order verbally, the tension and anxiety our elder immigrants b 1730 and the Chair does apologize, and rec- feel, and will temporarily breathe life back into ognizes the gentleman again. The CHAIRMAN. All time has ex- the lives of legal immigrants who otherwise Mr. SMITH of Oregon. I, too, apolo- pired. would be left without critical life-supporting as- gize, Mr. Chairman. In that event, I The question is on the amendment sistance. We owe it to them to pass this will return to my script, here. Mr. offered by the gentleman from Florida amendment today and to fully restore benefits Chairman, I was simply trying to save [Mr. DIAZ-BALART]. by the end of September. I strongly urge my some time. colleagues to vote in favor of the Diaz-Balart- The question was taken; and the Mr. Chairman, I rise to make a point Meek amendment. Chairman announced that the ayes ap- Mr. TOWNS. Mr. Chairman, I rise in support peared to have it. of order against the provisions entitled of the gentlewoman from Florida's amend- Mrs. MEEK of Florida. Mr. Chair- as the Conservation Reserve Program, ment. This amendment correct a grievous man, I demand a recorded vote, and CRP, appearing in title I, chapter 1, of wrong against elderly and disabled legal immi- pending that I make a point of order H.R. 1469 at page 3, lines 1 through 9, of grants which was enacted by Congress as that a quorum is not present. the emergency supplemental appro- part of last year's welfare reform law. One of The CHAIRMAN. Pursuant to House priation bill for fiscal year 1997. the reasons that I opposed that measure was Resolution 149, further proceedings on The provision cited above violates the elimination of SSI and food stamp benefits the amendment offered by the gen- clause 2(b) of rule XXI of the House in to many of this Nation's legal residents. With- tleman from Florida [Mr. DIAZ- that it contains legislative or authoriz- out this amendment over 800,000 legal immi- BALART] will be postponed. ing language in an appropriation bill, grants will lose their eligibility for SSI and food The point of no quorum is considered as noted. stamps, and in some cases their Medicaid withdrawn. The provision would place a cap on benefits, in August while this body is in re- Pursuant to the rule, the Clerk will funds made available to the Secretary cess. It must be remembered that many of read. of Agriculture, ‘‘in this or any other these immigrants were invited to this country The Clerk read as follows: Act’’, for an enrollment of not more as refugees or arrived through the family re- H.R. 1469 than 14 million acres during fiscal year unification provisions of our immigration law. Be it enacted by the Senate and House of Rep- 1997. Many worked, paid taxes and contributed to resentatives of the United States of America in The funding for the Conservation Re- this society, as long as they were physically Congress assembled, That the following sums serve Program in 1997 appears in Public H2744 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Law 104–180, the Agriculture Appro- The provision on page 3, lines 1 or any prior fiscal year for the Fund for the priations act for the year 1997, that re- through 9, also contains legislative lan- Improvement of Education under the head- imburses the Commodity Credit Cor- guage directing the Secretary to in- ing ‘‘DEPARTMENT OF EDUCATION—Edu- poration Fund for realized losses sus- clude ‘‘rangeland’’ in enrolling mar- cation Research, Statistics, and Improve- ment’’ may be used to develop, plan, imple- tained, but not previously reimbursed, ginal pasturelands in the Conservation ment, or administer any national testing and general funds for the CRP program Reserve Program. program in reading or mathematics. are authorized in Public Law 101–624 The inclusion of ‘‘rangeland’’ in the Mr. OBEY. Mr. Chairman, I reserve a enacted on April 4, 1996 (16 U.S.C. 3831 CRP would add newly eligible land to point of order. (d)) that amended section 1231, as au- the program such as that devoted to a Mr. GOODLING. Mr. Chairman, my thorized under subchapter B of chapter natural vegetative cover or a condition amendment is simple. It prohibits the 1 of subtitle D of title XII of the Food occurring as a result of a natural vege- Department of Education from spend- Security Act of 1985. tative process that was not heretofore ing any 1997 or prior year’s funding to The latter provision of the Food Se- eligible for enrollment in the CRP and develop the President’s national tests curity Act provides a cap on the maxi- is thus legislative language inserted in in reading and math. mum enrollment for the CRP at any the bill in violation of clause 2(b) of The effect of my amendment is to one time during the 1996 through 2002 House Rule XXI. slow down a runaway train that gives calendar years of 36,400,000 acres. Ac- Finally, the proponent of this provi- Congress time to carefully and me- cordingly, the provision that is the sion has the burden to show that such thodically examine an issue of enor- subject of the point of order is not con- legislative language and limitations mous magnitude, the issue of national fined to the funds in the bill and is not noted above, when fairly construed, do testing. otherwise in order as an exception to not change existing law. See House For a little bit of background, in clause 2(b) of House Rule XXI. See Practice, Appropriations section 50, February of this year the President Deschler’s Precedents, Chapter 26, sec- page 118, and the citations noted there- first proposed that individual national tions 27.20 to 27.21, and the Chapter, in. tests be given to fourth and eight grad- Appropriations section 59, House Prac- The CHAIRMAN. Does the gentleman ers in reading and math. Since that tice, 104th Congress, 2nd session (1996) from Wisconsin [Mr. OBEY] wish to be time the Department of Education has and the citations noted there. heard on the point of order? chosen to move full speed ahead with The provision in H.R. 1469 on the Mr. OBEY. Mr. Chairman, just to en- the development of these national tests CRP, in the guise of a limitation, is not thusiastically concede the point of in 1997 and 1998, all without specific or a retrenchment in funding and there- order. explicit congressional approval. fore does not constitute an exemption The CHAIRMAN. The gentleman en- The Department plans to administer to the House Rule XXI, clause 2(b), in- thusiastically will concede the point of these tests beginning in 1999. In fact, asmuch as the Congressional Budget order. the administration is so anxious to do Office funding estimate for H.R. 1469 Does the gentleman from Washington these tests they have already issued a reflects no reduction in direct spending [Mr. NETHERCUTT] wish to be heard on request for proposal for two test devel- for the year 1997 by reason of the impo- the point of order? opment contracts. The RFP was first Mr. NETHERCUTT. Mr. Chairman, I sition of the CRP ‘‘cap’’ of 14 million published on April 25, 1997, and con- am happy to join my distinguished col- acres. tracts are expected to be signed after league, the chairman of the Sub- Mr. OBEY. Mr. Chairman, is it appro- June 24, 1997. priate to ask whether or not the gen- committee on Agriculture, in making In effect, the Department of Edu- tleman can stop reading if the Commit- this point of order. It is well-taken. cation is attempting to do what it Mr. Chairman, as a member of the tee concedes the point of order? wants to do without regard of Con- Subcommittee on Agriculture of the Mr. SMITH of Oregon. I would be de- gress’ role. Yet, there are a number of Committee on Appropriations who lighted. I was attempting to shorten important questions that need to be worked very hard to make sure this this, as the gentleman understands. carefully considered and fully debated. You may make fun of me. This is my cap was lifted, and worked with the How do these tests improve edu- job, please. I am going to finish it. chairman of the Subcommittee on Ag- cation? U.S. schoolchildren are already The CHAIRMAN. The gentleman can- riculture as well, I support the making the most tested students in the world. not yield time. The gentleman from Or- of the point of order against this provi- We already know the academic egon has time under his point of order. sion because it proposes to change ex- achievement levels of students are not Mr. SMITH of Oregon. Mr. Chairman, isting law. It constitutes legislation in what they should be. We do not need I will try to do this as quickly as pos- an appropriation bill. It violates clause another measure to tell us something sible for the gentleman. 2(d) of rule XXI. It does not apply sole- that we already know. Continuing, see Deschler’s Prece- ly to the appropriation under consider- Will these tests distort school curric- dents, Chapter 26, sections 51.12 and ation. It is operative beyond the fiscal ula by causing teachers to teach to the 52.4, House Practice, Appropriations, year for which the appropriation ap- test? Will these tests divert energy and section 54, supra. However, such a plies, and it should be stricken. The resources away from other more impor- ‘‘cap’’ would clearly appear to impose CRP program should be able to go for- tant education reform efforts? Will na- new duties and new determinations on ward under the farm bill without a lim- tional tests undermine State and local the Secretary of Agriculture based on itation on acreage in 1997. standards and assessments already un- what would have to be reductions in an The CHAIRMAN. The point of order derway? anticipated 19 million acre enrollment is conceded and sustained. It is surprising to me that anyone (out of over 25 million acres of bids AMENDMENT NO. 16 OFFERED BY MR. GOODLING would try to move ahead without con- submitted) contemplated in the USDA- Mr. GOODLING. Pursuant to the gressional approval in something that CRP No. 15 sign-up that was completed rule, Mr. Chairman, I offer amendment is as controversial as national testing. March 28, 1997. Moreover, it would tend No. 16 printed in the RECORD. When we did NAEP, and for those to have an adverse effect on the USDA- The CHAIRMAN. The Clerk will des- Members not familiar with NAEP, CRP No. 14 sign-up authorized by the ignate the amendment. NAEP tests are a national assessment, Secretary September 13, 1996, and that The text of the amendment is as fol- we do them in reading, we do them in is a continuing sign-up designated to lows: math, we do them in science and sev- enroll wildlife habitat, waterways, fil- Amendment No. 16 offered by Mr. GOOD- eral other subjects, a program where LING: ter strips, and so on, to be enrolled in Page 2, after line 23, insert the following we spend $30 million a year. But we had a special CRP program for environ- new section: 21 months of hearings and work by mental related practices. It is submit- PROHIBITION OF FUNDS FOR NEW NATIONAL committees and on the floor of the ted that the thrust and the express TESTING PROGRAM IN READING AND MATHE- House before NAEP was ever approved. wording of the provision is clearly leg- MATICS Here we are going to not do random islation appearing in an appropriations SEC. 3003. None of the funds made available sampling, but we are talking about bill. in this or any other Act for fiscal year 1997 testing all children. As I indicated, we May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2745 are the most tested Nation in the tem would be and how it would be aligned Mr. GOODLING. Mr. Chairman, I will world, but what bothers me most of all with our state standards and assessments not waste the time since the die was al- is we are putting the cart before the system.’’ ready cast in the Committee on Rules. The President of the Virginia State Board horse. When you find you have a prob- of Education: ‘‘In Virginia, taxpayers have The CHAIRMAN. For the reasons lem, you set standards, but after you already paid once for new state tests and stated, the point of order is sustained. set the standards then you have to pre- standards. Why should we now have to pay The Clerk will read. pare the teacher to teach to the stand- again for national tests which we don’t want The Clerk read as follows: ards. You do not test first, because how and don’t need? . . . The federal Department TREE ASSISTANCE PROGRAM can the child do well in the test if the of Education, that did such an outrageously For assistance to small orchardists to re- poor job with the National History Stand- place or rehabilitate trees and vineyards teacher is not prepared? ards, are not the folks I want in charge of na- If we have this kind of money, why damaged by weather and related conditions, tional tests for our children. $9,000,000, to remain available until ex- are we not better preparing the teacher The National Right to Read Foundation: pended: Provided, That the entire amount to teach these first-grade children? For ‘‘Congress has authorized the use of the Na- shall be available only to the extent an offi- tional Assessment[s] of Education Progress those who have never had the experi- cial budget request for $9,000,000, that in- test, and that should be a sufficient source of ence, 20 youngsters coming to a first cludes designation of the entire amount of grade teacher, or 30, God forbid, in data collection. . . . Certainly, such a far reaching [testing] proposal should require a the request as an emergency requirement as some classrooms, come at 30 different Congressional investigation.’’ defined in the Balanced Budget and Emer- reading readiness levels. Some may be Christian Coalition: ‘‘While testing may be gency Deficit Control Act of 1985, as amend- ready to read immediately, some will a useful tool to measure a student’s aca- ed, is transmitted by the President to the not be ready to read until December, demic achievement, we strongly urge the Congress, Provided further, That the entire some not until January, and then, if Congress to fully utilize its authority under amount is designated by Congress as an emergency requirement pursuant to section they are socially promoted, it means the authorization process and carefully con- sider the implications of such a plan.’’ 251(b)(2)(D)(i) of such Act. they are a half year already behind. Family Research Council: ‘‘We commend NATURAL RESOURCES CONSERVATION Our money should go to all of our ef- Mr. Goodling for his attempt to check the SERVICE forts to make sure that these children Administration’s plan to force a national WATERSHED AND FLOOD PREVENTION testing agenda on the American public with- are reading-ready before they come to OPERATIONS out approval from our elected representa- first grade, and then if there is addi- For an additional amount for ‘‘Watershed tional money, preparing these teachers tives in Congress.’’ American Association of Christian and Flood Prevention Operations’’ to repair so that they can teach to the new Schools: ‘‘No expansion of additional na- damages to the waterways and watersheds standards, but, above all, so that they tional government tests should be imple- resulting from flooding and other natural can improve the manner in which they mented without Congressional hearings, de- disasters, $150,700,000, to remain available teach so that we do not get the infor- bate and opportunities for public comment.’’ until expended: Provided, That the entire mation that we already know, which is Traditional Values Coalition: ‘‘Regardless amount shall be available only to the extent an official budget request for $150,700,000, that a lot of children are not reading of your personal opinion regarding federal involvement in developing individualized that includes designation of the entire very well at third grade level. tests, this issue is very controversial and amount of the request as an emergency re- b 1745 thus should not be enacted without specific quirement as defined in the Balanced Budget Congressional authorization.’’ and Emergency Deficit Control Act of 1985, I would hope that we consider the Eagle Forum: ‘‘There already exists such a as amended, is transmitted by the President fact that we are moving too rapidly on [national] test, the National Assessment of to the Congress: Provided further, That the something that is very, very controver- Educational Progress (NAEP), that came entire amount is designated by Congress as sial in education. about after extensive Congressional con- an emergency requirement pursuant to sec- Mr. Chairman, I include the following sultation and through specific Congressional tion 251(b)(2)(D)(i) of such Act: Provided fur- authorization. No expansion or additional information for the RECORD: ther, That if the Secretary determines that national government tests should be imple- the cost of land and farm structures restora- GROUPS THAT SUPPORT THE GOODLING AMEND- mented without Congressional hearings and tion exceeds the fair market value of an af- MENT (AMENDMENT GIVES CONGRESS TIME debate, and the opportunity for concerned fected cropland, the Secretary may use suffi- TO CAREFULLY REVIEW THE PRESIDENT’S citizens to voice their opinions.’’ cient amounts, not to exceed $10,000,000, from NATIONAL TESTING PROPOSAL) POINT OF ORDER funds provided under this heading to accept FAIRTEST—National Center for Fair and The CHAIRMAN. Does the gentleman bids from willing sellers to provide flood- Open Testing: ‘‘Will a full range of accom- from Wisconsin [Mr. OBEY] insist on his plain easements for such cropland inundated modations be available to students with dis- point of order? by floods: Provided further, That none of the abilities? . . . Will these tests divert energy Mr. OBEY. Yes, Mr. Chairman. funds provided under this heading shall be and resources away from other more impor- The CHAIRMAN. The gentleman will used for the salmon memorandum of under- tant education reform efforts? . . . National standing. tests should not be established without sub- state the point of order. RURAL HOUSING SERVICE stantial debate in Congress, in states, and in Mr. OBEY. Mr. Chairman, I rise to a communities across the nation. . . . The point of order against the amendment. RURAL HOUSING INSURANCE FUND PROGRAM issue should be carefully considered, weighed There are no funds in this act for test- Notwithstanding Section 520 of the Hous- and debated before the administration is al- ing. ing Act of 1949, as amended, (42 U.S.C. 1490) lowed to move ahead with any significant I would make a point of order against the College Station area of Pulaski County, new testing plans; this amendment will slow the amendment because it proposes to Arkansas shall be eligible for loans and down the process and allow for such careful change existing law, constitutes legis- grants available through the Rural Housing consideration to occur.’’ lation in an appropriations bill, vio- Service. The Association of American Publishers lates clause 2 of Rule XXI. AMENDMENT NO. 8 OFFERED BY MR. FAZIO OF (represents all of the major commercial and The amendment proposes to include CALIFORNIA nonprofit companies that publish and score language in the bill that would pro- Mr. FAZIO of California. Mr. Chair- achievement tests for elementary and sec- hibit the expenditure of previously ap- man, I offer an amendment. ondary students): ‘‘[AAP] has concerns about The CHAIRMAN. The Clerk will des- certain assumptions in the proposed testing propriated funds made available in fis- plan. . . . if we are to develop and implement cal 1997 and prior appropriation acts. ignate the amendment. such tests, it is important that there be a na- The amendment clearly seeks to The text of the amendment is as fol- tional consensus on the issues they pose change existing and prior laws. lows: . . . Obtaining Congressional authorization Deschler’s Precedents contains the Amendment No. 8 offered by Mr. FAZIO of for developing and implementing such tests following language: ‘‘Language in a California: will assure that . . . policy implications are supplemental appropriation bill which Page 5, after line 7, insert the following: properly addressed.’’ is applicable to funds appropriated in In addition, for replacement of farm labor The California State Board of Education: housing under section 514 of the Housing Act ‘‘Without a change in law, there is simply no another act constitutes legislation and of 1949 that was lost or damaged by flooding way for us to entertain a commitment to a is not in order.’’ that occurred as a result of the January 1997 national standards and assessments process. I would urge a ruling of the Chair. floods, $1,000,000, to be derived by transfer Moreover, such a commitment would not be The CHAIRMAN. Does the gentleman from amounts provided in this Act for ‘‘Fed- advisable. . . . until we can see exactly what from Pennsylvania [Mr. GOODLING] eral Emergency Management Agency—Disas- the national standards and assessments sys- wish to be heard on the point of order? ter Relief’’: Provided, That, notwithstanding H2746 CONGRESSIONAL RECORD — HOUSE May 15, 1997 any other provision of law, any county des- until the end of 1998 from the Endan- We owe a great debt to the Federal Emer- ignated as a disaster area by the President gered Species Act. gency Management Agency, the Corps of En- shall be eligible to apply to the Secretary of This is a very valuable amendment gineers, the Bureau of Reclamation, the De- Agriculture for assistance from such funds, crafted with bipartisan participation. which shall be immediately dispersed by the partment of Agriculture, and many other agen- Secretary upon documented loss of farm It is based on a simple premise that cies who have provided skilled and timely as- labor housing units: Provided further, That emergency repairs should go forward in sistance to many Californians. such funds shall be used by the recipient disaster counties nationwide. In addi- Although the flood-fights that were a com- countries to assist the purchase of farm tion, it has important preventive com- mon occurrence in California in January are labor housing, including (but not limited to) ponents that permit repairs when there over, the Corps of Engineers is still working mobile homes, motor homes, and manufac- is an imminent threat to lives and with state and local officials to repair breached tured housing. property. The full House endorsed this levees, strengthen weak spots, and bring our Mr. LIVINGSTON. Mr. Chairman, I same provision last week by a vote of flood control system back into shape before reserve a point of order against the 227 to 196. the next flood season. gentleman’s amendment. Although I understand some jurisdic- So I rise in support of this disaster assist- The CHAIRMAN. A point of order has tional objections to including it in the ance bill and urge my colleagues to send it been reserved. appropriations bill exist, I believe it is forward with no further delay. Mr. FAZIO of California. Mr. Chair- necessary as a component in providing Although a number of extraneous non- man, it is not my intention to call for this disaster assistance. I will do every- emergency provisions have been added to the a vote. In fact, it is my intention to thing I can to see that it is included in bill, there is one provision that goes hand in withdraw the amendment after my the final version of this bill when it hand with disaster fundingÐthe provision brief comments. emerges from conference. adopted unanimously by the Appropriations The purpose of the amendment is to I am also grateful to the Committee Committee granting an emergency exemption highlight a significant problem with on Appropriations for recognizing the for flood repairs until the end of 1998 from the farm worker housing that has resulted special need we have in California and Endangered Species Act. in our January floods in California. elsewhere, providing $9 million for the This is a very valuable amendment crafted About 300 units of housing have been Tree Assistance Program to help small with bipartisan participation. It is based on a destroyed in Sutter and Yuba Counties. orchardists. It recognizes a special simple premise: That emergency repairs But as a recent article in the Sac- problem, that in many cases orchard- should go forward in disaster counties nation- ramento Bee has pointed out this past ists may not lose just one year’s crop, wide. In addition, it has an important preven- week, FEMA has refused to provide as- which would be covered by crop insur- tive component that permits repairs when sistance for temporary emergency ance, but may experience a loss that there is an imminent threat to lives and prop- housing. To some of us, FEMA’s rea- will take 6 to 10 years from which to erty. The full House endorsed this same provi- sons appear to be technicalities, and it recover. sion last week by a vote of 227 to 196. Al- does not change the fact that numer- This assistance is a real necessity though I understand some jurisdictional objec- ous farm workers have come to our and it is available to any State where tions to including it in an appropriations bill, I area in the seasonal harvest and are people who own orchards have experi- believe it is a necessary component of provid- now ill-housed or are being directed to enced losses of a significant nature. I ing this disaster assistance, and I will do ev- rental housing that far exceeds their thank my colleagues for supporting its erything I can to see that it is included in the ability to pay. inclusion in this bill. final version of this bill. The President has I am hopeful that the flexibility of I also associate myself with the re- agreed to sign the provision. the Thune-Pomeroy amendment con- marks made by my colleague, the gen- I'm also grateful to the Appropriations Com- cerning community development block tleman from New York [Mr. WALSH] mittee for recognizing a special need we have grants that the House adopted earlier earlier today during general debate re- in California and elsewhere by providing $9 today will permit these communities garding the Conservation Reserve Pro- million for the Tree Assistance Program to to meet this special need that has aris- gram. help small orchardists. This program was first en. I will insert a letter from USDA Sec- authorized in previous disaster acts in 1988 I also want to make some brief gen- retary Dan Glickman, which endorses and 1989. eral comments about this bill. We may the goals that we were pursuing in ad- It recognizes a special problemÐthat in have forgotten now, but California ex- vocating a 14 million acre cap to the many cases, orchardists may not lose just 1 perienced a major flood catastrophe CRP program. year's crop, which would be covered by crop during December and January which This is a necessity for California and insurance, but may experience a loss that will resulted in nine deaths and an esti- many areas of the country that have take 6 to 10 years from which to recover. mated 2 billion dollars’ worth of dam- experienced disasters this year. This The provision is targeted at small orchard- age to homes, businesses and property. bill is a significant step in the right di- istsÐthose who own 500 or fewer acres and More than 100,000 Californians were rection. I urge my colleagues to send it whose gross income does not exceed evacuated from their homes. to the President as quickly as possible. $2,000,000, and who suffer losses in excess We owe a great debt to the Federal Mr. Chairman, I rise in support of H.R. of 35 percent. Reimbursement cannot exceed Emergency Management Agency, the 1469, the emergency supplemental appropria- 65 percent of the cost of replanting trees. The Corps of Engineers, the Bureau of Rec- tions bill. assistance in any calendar year is limited to lamation, and the Department of Agri- As some of my colleagues choose to focus $25,000, and no duplicative payments may be culture, and many other agencies who on nonemergency, extraneous amendments, I received under the forestry incentives pro- have provided skilled and timely as- want to remind my colleagues of the enor- gram, agricultural conservation program, or sistance to many Californians. Al- mous needs faced by my State and by others other Federal program. though the flood fights that were a throughout the Nation. That's the purpose of This assistance is a real necessity, and it is common occurrence in California in this bill, and we should not forget it. available to any State where orchardists have January are over, the corps is still California experienced a major flood catas- experienced losses of this kind. I thank my working with State and local officials trophe during December and January which colleagues for supporting its inclusion in this to repair breached levees, strengthen resulted in nine deaths and an estimated 2 bil- bill. weak spots, and bring our flood control lion dollars worth of damages to homes, busi- I also want to highlight a significant problem system back into shape before the next nesses, and property. Agricultural losses ex- with farmworker housing that has resulted flood season. ceeded $150 million, and losses to our na- from our January floods in California. About A number of nonemergency provi- tional forests exceeded $100 million. 300 units of housing have been destroyed in sions have been added to the bill, but Eight national parks in California were dam- Sutter and Yuba Counties. But as an article in there is one provision that goes hand in aged including $176 million in damage to one the Sacramento Bee pointed out this past hand with disaster funding, the provi- of the national park system's crown jewelsÐ week, FEMA has refused to provide assist- sion adopted unanimously by the Com- Yosemite National Park. ance for temporary emergency housing. To mittee on Appropriations granting an More than 100,000 Californians were evacu- some of us, FEMA's reasons appear to be emergency exemption for flood repairs ated from their homes. technicalities, and it doesn't change the fact May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2747 that numerous farmworkers have come to our Another important provision of the CRP au- (FY) 1997 that the Subcommittee on Agri- area to work in the seasonal harvest and are thorization in the farm bill allowed for the en- culture and Related Agencies added to the now ill-housed or are being directed to rental rollment of riparian rangeland which has high FY 1997 supplemental appropriations bill raises a number of questions to which I wel- housing that far exceeds their ability to pay. I conservation values. This would be of benefit come the opportunity to respond. Moreover, am hopeful that the flexibility of the amend- to States like California and New Mexico, but I hope the information in my letter does two ment concerning the Community Development since it is a new aspect of CRP, the Depart- things. First, I want to assure you we share Block Grant that the House adopted earlier ment of Agriculture needs more time to edu- the same objective of ensuring that the CRP today will permit these communities to meet cate our farmers and ranchers of this impor- enrolls only the most environmentally sen- this special need that has arisen. tant change. We also thought it was important sitive land. Second, I hope you reconsider the amendment to ensure that USDA has the I also am supportive of the administration's to try to reserve acreage for the National Buff- $76 million request for WIC, the Women, In- maximum flexibility to meet that goal. er Strip Initiative and the State Enhancement This limitation on enrollments would un- fants, Children's Supplemental Nutrition Pro- Program in order to further improve both the duly sacrifice the program’s ability to gram Although some have charged that this is conservation practices and environmental ben- achieve immediately substantial environ- somehow a welfare program, it is a straight- efits of the CRP. Buffer strips are perhaps the mental benefits by excluding a large portion forward supplemental nutrition program not most effective means of controlling farm run- of the approximately 25 million acres offered for enrollment during the recently com- unlike the school milk program and the school off. By serving as a filter for runoff from farms, lunch program that kids of all income brackets pleted fifteenth signup. The limitation would buffer strips can clean from 50 to 90 percent also mean that the program would no longer across the U.S. benefit from. of pollutants before they enter drainage ca- Perhaps no other Federal program can provide environmental benefits from the sig- nals, streams, and waterways. Additionally, nificant amount of acreage currently en- boast of such a demonstrable returnÐfor the State Enhancement Program initiatives rolled in the CRP with well established prac- every dollar invested in improving the health of offer better coordination and better conserva- tices yielding desirable wildlife, water qual- WIC recipients such as pregnant women, tion practices by approaching soil erosion, ity, and soil erosion benefits. If that acreage nursing mothers, and small children, $3.50 is is not allowed to reenroll, the program will water quality, and wildlife habitat problems on saved in Federal health programs such as suffer a corresponding loss of environmental a watershed-wide basis. Today, land is en- Medicaid. It is an enormous value and a benefits already established. rolled in the CRP on a farm-by-farm basis, so worthwhile investment, and I was disappointed Your letter suggests that 8 to 9 million the conservation practices on one farm may or acres of the 36.4 million acres authorized for that the majority party on the Agriculture Ap- may not be consistent or compatible with con- enrollment in the CRP be set aside for the propriations Subcommittee and the majority on enrollment of buffers such as filter strips and the full Appropriations Committee did not ac- servation practices being undertaken on a neighboring farm. The State Enhancement riparian buffers and the Conservation Re- cept the President's request for this program. serve Enhancement Program (CREP). I To may knowledge, the Republican majority Program provides for watershed-based solu- strongly support such a policy. In fact, I an- did not challenge OMB's request in any other tions that will be more effective in dealing with nounced a new initiative to establish 2 mil- spending area, with the exception of WIC. In pressing conservation problems. lion miles of conservation buffers by the Our intention in proposing a temporary cap fact, the committee increased spending over year 2002. USDA is working with both public on acres was to direct Secretary Glickman to and private entities, who have committed 1 OMB's request in a number of areas based on reserve 8 million acres for these new and million dollars over the next 3 years to pro- revised estimates stemming from the disas- mote the benefits of installing conservation ters. But the one program challenged by the worthwhile purposes, and I am glad to an- nounce that he has committed to reserving buffers. I am convinced that this initiative Republican majority for supposed mismanage- will greatly enhance the significant steps ment and overfunding just happens to be the sufficient acreage to accomplish these objec- USDA has already taken in its own public in- one that is of benefit to pregnant women and tives. formation campaign that included a letter I In addition, one widely ignored benefit of the young children. sent to all current CRP contract holders. Yet the estimates of funding need are pro- 14-million-acre cap is that the Congressional USDA projects that the conservation buffer vided by individual States, many of whom are Budget Office would have scored a $31 million initiative will enroll about 7 million acres, and I can assure you that USDA will reserve served by Republican Governors. Gov. Pete savings in our fiscal year 1998 bill and $177 million in our fiscal year 1999 bill. The regular a sufficient amount of acreage to manage Wilson of California wrote our committee on this initiative successfully. May 9 requesting sufficient funding for the Ag Appropriation bill will be marked up in just I appreciate your comments that USDA’s 1.25 million California women and children a few weeks, and it will be an exceedingly policy of basing CRP rental rates on the currently served by the WIC Program in our tight year to fund the many priorities in our bill local dryland agricultural rental value of the State. He said that California alone requires which includes WIC, agricultural research, acreage offered may be an impediment to an additional $26.7 million in supplemental rural development, food safety, and the Food having a nationwide program. This policy is taken from the direction the Committee Federal funding. It is estimated that as many and Drug Administration. Our critics need to come to grips with the fact that we all support wrote into House Report 104–613, the report as 169,000 eligible beneficiaries in California of the Committee accompanying the Agri- will lose these supplemental nutrition benefits the many deserving programs in our bill and culture, Rural Development, Food and Drug if less than the OMB request is provided. are going to have to devise ways to pay for Administration, and Related Agencies Ap- I am pleased that the House is correcting them unless we want to make significant cuts propriations Act for Fiscal Year 1997: The this terrible judgment by the majority party and at USDA. Committee also reaffirms its position that is voting to provide the full $76 million re- I am committed to an eventual signup of the contract rates should not exceed the prevail- quested. 36 million maximum acres permitted by the ing rental rates for comparable land in the Finally, I want to mention one additional pro- 1996 farm bill. The intention behind our local area. amendment was to make this truly a nation- The rental rates USDA established for the vision passed by the Appropriations Commit- CRP are based on rates developed by the tee that is likely to be struck on a point of wide program, and I hope that the debate of local officials in each county, in conform- order. It affects an amendment offered by the last few weeks has emphasized our objec- ance with the direction in the FY 1997 and Representative JIM WALSH and myself affect- tives and created the support to carry them previous years’ appropriations bills that ing the Conservation Reserve Program [CRP]. out. USDA not offer rental rates above local, pre- CRP is the largest conservation program In closing, this is an emergency disaster ap- vailing agricultural market value rental administered by the Federal Government, and propriations bill and we need this assistance in rates. the benefits of the program are essential to California and throughout the Nation. I urge Under the CREP, USDA is examining op- tions to deal with the effect development protecting and improving highly erodible lands, my colleagues to support it and send it to the values have on reducing participation in the water quality, and wildlife habitat. Unfortu- President for signing as soon as possible. CRP and is considering whether higher in- nately, there remains a great geographic dis- DEPARTMENT OF AGRICULTURE, centive payments can be made to attract of- parity in how the program is administered. The OFFICE OF THE SECRETARY, fers for the highest priority practices in cer- Appropriations Committee agreed with JIM Washington, DC, April 23, 1997. tain areas under this program. This may pro- WALSH and me to cap the amount of acreage Hon. VIC FAZIO, vide a more viable option to use CRP in that could be enrolled in 1997 by USDA at 14 U.S. House of Representatives, Rayburn House areas of high land use competition pressures. million acres to help ensure that acreage re- Office Building, Washington, DC. USDA is also committed to pursuing at- DEAR VIC: Your letter of April 17, 1997, tempts to resolve problems farmers with irri- mains available in the outyears when new about the limitation on the Department of gated lands face, since the CRP rental rates areas of the country, primarily the Northeast Agriculture’s (USDA) ability to enroll more are based on dryland rental. I have directed and the West, are ready to offer acres for en- than 14 million acres into the Conservation the Farm Service Agency and Economic Re- rollment. Reserve Program (CRP) during fiscal year search Service to review this matter. H2748 CONGRESSIONAL RECORD — HOUSE May 15, 1997

The farm bill provides specific authority to CHAPTER 2 FLOOD CONTROL AND COASTAL EMERGENCIES enroll marginal pastureland in the CRP pro- DEPARTMENT OF COMMERCE For an additional amount for ‘‘Flood Con- vided that it is devoted to riparian buffers ECONOMIC DEVELOPMENT ADMINISTRATION trol and Coastal Emergencies’’ due to flood- planted to trees. For this specific purpose, ing and other natural disasters, $415,000,000, USDA has broadened the definition of mar- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS to remain available until expended: Provided, ginal pastureland to include grazing land That the entire amount is designated by For an additional amount for ‘‘Economic along streams and rivers, even though that Congress as an emergency requirement pur- Development Assistance Programs’’ for land may not have been previously seeded, as suant to section 251(b)(2)(D)(i) of the Bal- emergency infrastructure expenses and the long as it will be devoted to riparian buffers anced Budget and Emergency Deficit Control capitalization of revolving loan funds related planted to trees. This provision will provide Act of 1985, as amended. to recent flooding and other natural disas- a popular, voluntary option to western live- DEPARTMENT OF THE INTERIOR stock ranchers and land owners to address ters, $49,700,000, to remain available until ex- water quality and wildlife concerns within pended, of which not to exceed $2,000,000 may BUREAU OF RECLAMATION the bounds of the law as it is currently writ- be available for administrative expenses and OPERATION AND MAINTENANCE ten. may be transferred to and merged with the For an additional amount for ‘‘Operation I regret that you were not informed about appropriations for ‘‘Salaries and Expenses’’: and Maintenance’’, $7,355,000, to remain the criteria for enrolling land in the CRP. Provided, That the entire amount is des- available until expended, to repair damage However, prior to publishing the final regu- ignated by Congress as an emergency re- caused by floods and other natural disasters: lations, representatives of USDA conducted quirement pursuant to section 251(b)(2)(D)(i) Provided, That of the total appropriated, the extensive briefings for both the House and of the Balanced Budget and Emergency Defi- amount for program activities that can be fi- Senate and for conservation, environmental, cit Control Act of 1985, as amended: Provided nanced by the Reclamation Fund shall be de- commodity, and farm groups. further, That the entire amount shall be rived from that fund: Provided further, That The amount of acreage that USDA accepts available only to the extent an official budg- the entire amount is designated by Congress in response to the fifteenth signup will be et request, for a specific dollar amount, that as an emergency requirement pursuant to based on an evaluation of the acreage actu- includes designation of the entire amount of section 251(b)(2)(D)(i) of the Balanced Budget ally offered for enrollment. This evaluation the request as an emergency requirement as and Emergency Deficit Control Act of 1985, is currently underway. Each offer is being defined in the Balanced Budget and Emer- as amended. gency Deficit Control Act of 1985, as amend- evaluated individually using the Environ- GENERAL PROVISIONS, CHAPTER 3 mental Benefits Index (EBI), which measures ed, is transmitted to Congress. SEC. 301. Beginning in fiscal year 1997 and the potential benefits that would result from NATIONAL INSTITUTE OF STANDARDS AND thereafter, the United States members and enrollment of that acreage. All bids are TECHNOLOGY the alternate members appointed under the ranked nationally; only those bids that pro- INDUSTRIAL TECHNOLOGY SERVICES Susquehanna River Basin Compact (Public vide the highest level of environmental bene- Of the amount provided under this heading Law 91–575), and the Delaware River Basin fits will be accepted. The EBI was first used in Public Law 104–208 for the Advanced Tech- Compact (Public Law 87–328), shall be offi- for the tenth signup. USDA has made it nology Program, not to exceed $35,000,000 cers of the U.S. Army Corps of Engineers, widely available to farmers and other inter- shall be available for the award of new who hold Presidential appointments as Regu- ested parties, including Congress, before pub- grants. lar Army officers with Senate confirmation, lication of the final rule. In closing, let me repeat that I am com- NATIONAL OCEANIC AND ATMOSPHERIC and who shall serve without additional com- mitted to maximizing the environmental ADMINISTRATION pensation. benefits of the CRP in all areas of the coun- CONSTRUCTION SEC. 302. Section 2.2 of Public Law 87–328 try. USDA intends to reserve sufficient CRP For an additional amount for ‘‘Construc- (75 Stat. 688, 691) is amended by striking the acreage enrollment authority to ensure the tion’’ for emergency expenses resulting from words ‘‘during the term of office of the Presi- success of the buffer initiative through the flooding and other natural disasters, dent’’ and inserting the words ‘‘at the pleas- continuous CRP signup and the related $10,800,000, to remain available until ex- ure of the President’’. SEC. 303. The policy issued on February 19, CREP. USDA will continue to work with pended: Provided, That the entire amount is 1997, by the U.S. Fish and Wildlife Service States to develop CREP’s and with public designated by Congress as an emergency re- implementing emergency provisions of the and private groups to further the buffer ini- quirement pursuant to section 251(b)(2)(D)(i) Endangered Species Act and applying to 46 tiative. We will continue to evaluate the of the Balanced Budget and Emergency Defi- California counties that were declared Fed- progress of the continuous signup and have cit Control Act of 1985, as amended. eral disaster areas shall apply to all counties maintained the flexibility to make improve- CHAPTER 3 nationwide heretofore or hereafter declared ments to the program if needed. If you have DEPARTMENT OF DEFENSE—CIVIL Federal disaster areas at any time during further questions regarding the CRP, now or DEPARTMENT OF THE ARMY 1997 and shall apply to repair activities on in the future, please let me know. I look for- flood control facilities in response to an im- ward to working with you on this important CORPS OF ENGINEERS—CIVIL minent threat to human lives and property initiative. FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- and shall remain in effect until the Assistant I am sending an identical letter to Con- TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- Secretary of the Army for Civil Works deter- gressman Walsh. ISIANA, MISSISSIPPI, MISSOURI, AND TEN- mines that 100 percent of emergency repairs With best personal regards, I am NESSEE Sincerely, have been completed, but shall not remain in For an additional amount for ‘‘Flood Con- effect later than December 31, 1998. DAN GLICKMAN, trol, Mississippi River and Tributaries, Ar- Secretary. kansas, Illinois, Kentucky, Louisiana, Mis- POINT OF ORDER Mr. FAZIO of California. Mr. Chair- sissippi, Missouri, and Tennessee’’ for emer- Mr. YOUNG of Alaska. Mr. Chair- man, I ask unanimous consent to with- gency expenses due to flooding and other man, I rise to a point of order. draw my amendment at this time. natural disasters, $20,000,000, to remain The CHAIRMAN. The gentleman will The CHAIRMAN. Is there objection available until expended: Provided, That the state his point of order. to the request of the gentleman from entire amount is designated by Congress as Mr. YOUNG of Alaska. Mr. Chair- an emergency requirement pursuant to sec- California? man, I make a point of order against tion 251(b)(2)(D)(i) of the Balanced Budget section 303 of the bill under clause 2 of There was no objection. and Emergency Deficit Control Act of 1985, The CHAIRMAN. The Clerk will read: as amended. Rule XXI of the Rules of the House of Representatives. The Clerk read as follows: OPERATION AND MAINTENANCE, GENERAL This section applies a U.S. Fish and FOOD AND CONSUMER SERVICE For an additional amount for ‘‘Operation SPECIAL SUPPLEMENTAL NUTRITION PROGRAM and Maintenance, General’’ for emergency Wildlife Service policy of waiving cer- FOR WOMEN, INFANTS, AND CHILDREN (WIC) expenses due to flooding and other natural tain aspects of the Endangered Species For an additional amount for the Special disasters, $150,000,000, to remain available Act to the repair of flood facilities in Supplemental Nutrition Program for until expended: Provided, That of the total certain Federal disaster areas. Under Women, Infants, and Children (WIC) as au- amount appropriated, the amount for eligi- the existing ESA, the President may thorized by section 17 of the Child Nutrition ble navigation projects which may be derived waive certain aspects of the law for re- Act of 1966, as amended (42 U.S.C. et seq.), from the Harbor Maintenance Trust Fund building facilities after a disaster. $28,000,000, to remain available through Sep- pursuant to Public Law 99–662, shall be de- The U.S. Fish and Wildlife policy is tember 30, 1998: Provided, That the Secretary rived from that fund: Provided further, That the Presidential ESA waiver for 43 shall allocate such funds through the exist- the entire amount is designated by Congress ing formula or, notwithstanding section 17 as an emergency requirement pursuant to counties in California. Section 303 ex- (g), (h), or (i) of such Act and the regulations section 251(b)(2)(D)(i) of the Balanced Budget tends this policy nationwide, thus promulgated thereunder, such other means and Emergency Deficit Control Act of 1985, broadening the existing Presidential as the Secretary deems necessary. as amended. ESA waiver. The waiver of existing law May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2749 has been construed to mean a provision CONSTRUCTION pended, to make repairs, construct facilities, changing existing law under precedents For an additional amount for construction, and provide visitor transportation and for re- of the House: Deschler chapter 26, sec- $81,000,000, to remain available until ex- lated purposes at Yosemite National Park. tions 24.5, 34.14 and 34.15. pended, to repair damage caused by floods UNITED STATES GEOLOGICAL SURVEY In addition, the amendment alters and other natural disasters: Provided, That SURVEYS, INVESTIGATIONS, AND RESEARCH existing waiver authority of the Presi- the entire amount is designated by Congress For an additional amount for surveys, in- as an emergency requirement pursuant to dent under the current ESA by limit- vestigations, and research, $4,290,000, to re- section 251(b)(2)(D)(i) of the Balanced Budget main available until September 30, 1998, to ing his authority to 2 years; under cur- and Emergency Deficit Control Act of 1985, rent law, this waiver is unlimited. Im- repair or replace damaged equipment and fa- as amended. cilities caused by floods and other natural posing a restriction on the authority of LAND ACQUISITION disasters: Provided, That the entire amount the President is also a provision chang- For an additional amount for land acquisi- is designated by Congress as an emergency ing existing law under the precedents tion, $15,000,000, to remain available until ex- requirement pursuant to section of the House because it restricts execu- pended, for the cost-effective emergency ac- 251(b)(2)(D)(i) of the Balanced Budget and tive discretion to such a degree as to quisition of land and water rights neces- Emergency Deficit Control Act of 1985, as constitute a change in policy rather sitated by floods and other natural disasters: amended. than a matter of administrative detail. Provided, That the entire amount is des- BUREAU OF INDIAN AFFAIRS ignated by Congress as an emergency re- Deschler chapter 26, sections 64–79. OPERATION OF INDIAN PROGRAMS The language was reported from the quirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi- For an additional amount for operation of Committee on Appropriations on cit Control Act of 1985, as amended. Indian programs, $11,100,000, to remain avail- able until September 30, 1998, for emergency Thursday, April 28, 1997. Therefore, this NATIONAL PARK SERVICE is a provision changing the existing response activities, including emergency CONSTRUCTION law, which, as reported in the general school operations, heating costs, emergency appropriation bill, is in violation of For an additional amount for construction welfare assistance, and to repair and replace for emergency expenses resulting from flood- facilities and resources damaged by snow, clause 2, Rule XXI. ing and other natural disasters, $186,912,000, floods, and other natural disasters: Provided, I ask the Chair to sustain my point to remain available until expended: Provided, That the entire amount is designated by of order. That the entire amount is designated by Congress as an emergency requirement pur- The CHAIRMAN pro tempore (Mr. Congress as an emergency requirement pur- suant to section 251(b)(2)(D)(i) of the Bal- SHAW). Are there any Members present suant to section 251(b)(2)(D)(i) of the Bal- anced Budget and Emergency Deficit Control who wish to be heard on the point of anced Budget and Emergency Deficit Control Act of 1985, as amended. order? Act of 1985, as amended: Provided further, CONSTRUCTION If not, for the reasons stated, the That of this amount, $30,000,000 shall be For an additional amount for construction, point of order of the gentleman from available only to the extent an official budg- $5,554,000, to remain available until ex- et request for a specific dollar amount, that Alaska [Mr. YOUNG] is sustained. pended, to make repairs caused by floods and includes designation of the entire amount of other natural disasters: Provided, That the The Clerk will read. the request as an emergency requirement as The Clerk read as follows: entire amount is designated by Congress as defined in such Act, is transmitted by the an emergency requirement pursuant to sec- CHAPTER 4 President to Congress, and upon certification tion 251(b)(2)(D)(i) of the Balanced Budget DEPARTMENT OF THE INTERIOR by the Secretary of the Interior to the Presi- and Emergency Deficit Control Act of 1985, dent that a specific amount of such funds is BUREAU OF LAND MANAGEMENT as amended. required for (1) repair or replacement of con- CONSTRUCTION cession use facilities at Yosemite National DEPARTMENT OF AGRICULTURE For an additional amount for construction Park if the Secretary determines, after con- FOREST SERVICE to repair damage caused by floods and other sulting with the Director of the Office of NATIONAL FOREST SYSTEM natural disasters, $4,796,000, to remain avail- Management and Budget, that the repair or For an additional amount for National for- able until expended, of which $3,003,000 is to replacement of those facilities cannot be est system for emergency expenses resulting be derived by transfer from unobligated bal- postponed until completion of an agreement from flooding and other natural disasters, ances of funds, under the heading ‘‘Oregon with the Yosemite Concessions Services Cor- $37,107,000, to remain available until ex- and California Grant Lands’’, made available poration or any responsible third party to pended: Provided, That the entire amount is as supplemental appropriations in Public satisfy its repair or replacement obligations designated by Congress as an emergency re- Law 104–134: Provided, That the entire for the facilities, or (2) the Federal portion, quirement pursuant to section 251(b)(2)(D)(i) amount is designated by Congress as an if any, of the costs of repair or replacement of the Balanced Budget and Emergency Defi- emergency requirement pursuant to section of such concession use facilities: Provided cit Control Act of 1985, as amended. 251(b)(2)(D)(i) of the Balanced Budget and further, That nothing herein should be con- RECONSTRUCTION AND CONSTRUCTION Emergency Deficit Control Act of 1985, as strued as impairing in any way the rights of amended. the United States against the Yosemite Con- For an additional amount for reconstruc- tion and construction for emergency ex- OREGON AND CALIFORNIA GRANT LANDS cession Services Corporation or any other party or as relieving the Corporation or any penses resulting from flooding and other nat- For an additional amount for Oregon and ural disasters, $32,334,000, to remain avail- California grant lands to repair damage other party of its obligations to the United States: Provided further, That prior to any able until expended: Provided, That the en- caused by floods and other natural disasters, tire amount is designated by Congress as an $2,694,000, to remain available until expended final agreement by the Secretary with the Corporation or any other party concerning emergency requirement pursuant to section and to be derived by transfer from unobli- 251(b)(2)(D)(i) of the Balanced Budget and gated balances of funds, under the heading its obligation to repair or replace concession use facilities, the Solicitor of the Depart- Emergency Deficit Control Act of 1985, as ‘‘Oregon and California Grant Lands’’, made amended. available as supplemental appropriations in ment of the Interior shall certify that the Public Law 104–134: Provided, That the entire agreement fully satisfies the obligations of DEPARTMENT OF HEALTH AND HUMAN amount is designated by Congress as an the Corporation or third party: Provided fur- SERVICES emergency requirement pursuant to section ther, That nothing herein, or any payments, INDIAN HEALTH SERVICE 251(b)(2)(D)(i) of the Balanced Budget and repairs, or replacements made by the Cor- INDIAN HEALTH SERVICES poration or a third party in fulfillment of Emergency Deficit Control Act of 1985, as For an additional amount for Indian health the Corporation’s obligations to the United amended. services for emergency expenses resulting States to repair and replace damaged facili- UNITED STATES FISH AND WILDLIFE from flooding and other natural disasters, ties, shall create any possessory interest for SERVICE $1,000,000, to remain available until ex- the Corporation or such third party in such pended: Provided, That the entire amount is RESOURCE MANAGEMENT repaired or replaced facilities: Provided fur- designated by Congress as an emergency re- For an additional amount for resource ther, That any payments made to the United quirement pursuant to section 251(b)(2)(D)(i) management, $2,250,000, to remain available States by the Corporation or a third party of the Balanced Budget and Emergency Defi- until September 30, 1998, for technical assist- for repair or replacement of concession use cit Control Act of 1985, as amended. ance and fish replacement made necessary facilities shall be deposited in the General by floods and other natural disasters: Pro- Fund of the Treasury or, where facilities are INDIAN HEALTH FACILITIES vided, That the entire amount is designated repaired or replaced by the Corporation or For an additional amount for Indian health by Congress as an emergency requirement any other third party, an equal amount of facilities for emergency expenses resulting pursuant to section 251(b)(2)(D)(i) of the Bal- appropriations shall be rescinded. from flooding and other natural disasters, anced Budget and Emergency Deficit Control For an additional amount for construction, $2,000,000, to remain available until ex- Act of 1985, as amended. $10,000,000, to remain available until ex- pended: Provided, That the entire amount is H2750 CONGRESSIONAL RECORD — HOUSE May 15, 1997 designated by Congress as an emergency re- Given that reality, I believe that the Now, I know that my friends on the quirement pursuant to section 251(b)(2)(D)(i) Department of Defense and Veterans other side are not unsympathetic to of the Balanced Budget and Emergency Defi- Affairs should no longer be solely this effort. I would hope that they cit Control Act of 1985, as amended. trusted with the critical task of diag- would waive, that my friend the gen- GENERAL PROVISION, CHAPTER 4 nosing and treating the up to 70,000 tleman from Louisiana [Mr. LIVING- SEC. 401. Section 101(c) of Public Law 104– gulf war veterans who are suffering STON], given the importance of this 134 is amended as follows: Under the heading issue, would waive the point of order ‘‘Title III—General Provisions’’ amend sec- today. tions 315(c)(1)(A) and 315(c)(1)(B) by striking From the end of the war until this and allow us to proceed as rapidly as in each of those sections ‘‘104 percent’’ and day, the Pentagon, the VA, and the CIA we can to address this important issue. inserting in lieu thereof ‘‘100 percent’’; by have not been forthright with the Con- The CHAIRMAN. The time of the striking in each of those sections ‘‘1995’’ and gress, the public or our veterans about gentleman from Vermont [Mr. SAND- inserting in lieu thereof ‘‘1994’’; and by strik- the causes of gulf war syndrome and ERS] has expired. ing in each of those sections ‘‘and thereafter how we can better treat the veterans POINT OF ORDER annually adjusted upward by 4 percent,’’. who are suffering from it. The CHAIRMAN. The gentleman AMENDMENT NO. 14 OFFERED BY MR. SANDERS Over and over again there has been from Louisiana [Mr. LIVINGSTON] is rec- Mr. SANDERS. Mr. Chairman, I offer denial. ‘‘Is there an illness?’’ ‘‘Well, no. ognized on his point of order. an amendment. In the beginning there was no illness.’’ Mr. LIVINGSTON. Mr. Chairman, as The Clerk will designate the amend- Then, after tens of thousands of veter- much as I might agree with the gen- ment. ans came forward, ‘‘Yeah, there is an tleman from Vermont, and I do agree The text of the amendment is as fol- illness, but it is stress.’’ ‘‘Were our sol- that the Pentagon and the VA have not lows: diers exposed to chemical warfare done enough to examine the causes and Amendment No. 14 Offered by Mr. SAND- agents?’’ Absolutely. ‘‘No, they effects of Desert Storm syndrome, I ERS: weren’t.’’ would point out that, actually, I have Page 16, after line 4, insert the following attempted to get some additional fund- new chapter: b 1800 ing to address this problem and only CHAPTER 4A Five years later, oh, yes, some of recently, because of the Pentagon’s DEPARTMENT OF HEALTH AND HUMAN them. Well, maybe 500. A few months dropping of their objections to it, have SERVICES later, well, yes, maybe 20,000. Today, I been successful in getting some of NATIONAL INSTITUTES OF HEALTH we do not know how many. There may that additional funding. I must be con- NATIONAL INSTITUTE OF ENVIRONMENTAL be 130,000. We do not know. strained to make a point of order HEALTH SCIENCES Mr. Chairman, the military theater against the amendment in this in- For an additional amount for ‘‘National In- in the Persian Gulf was a chemical stance because, in effect, it calls for an stitute of Environmental Health Sciences’’, cesspool. Our troops were exposed to $10,000,000, for emergency research of and en bloc consideration of two different treatment for the synergistic impact of chemical warfare agents, leaded petro- paragraphs in the bill. chemicals on the soldiers who served in the leum, widespread use of the very strong The precedents of the House are clear Persian Gulf and who are currently suffering pesticides, depleted uranium and the in this matter. Amendments to a para- from Gulf War Syndrome. smoke from burning oil wells, and they graph or section are not in order until Page 37, line 11, after the dollar amount, were given a myriad of pharma- such paragraph or section has been insert the following: ‘‘(reduced by ceuticals as vaccines. Further, as a re- read under Cannon’s Precedents, Vol- $10,000,000)’’. sult of the waiver from the FDA, they ume VIII, section 2354. The amend- Mr. LIVINGSTON. Mr. Chairman, I were given pyridostigmine bromide as ment, therefore, is not in order and I reserve a point of order on the gentle- an anti-nerve gas measure. would ask for a ruling from the chair. man’s amendment. Now, Mr. Chairman, the good news is The CHAIRMAN. Does the gentleman Mr. SANDERS. Mr. Chairman, the that a number of studies, and I have from Vermont [Mr. SANDERS] wish to amendment that I am offering is abso- them right here, study after study be heard on the point of order? lutely nonpartisan. There are many from the University of Texas, from Mr. SANDERS. I do, Mr. Chairman. Republicans and Democrats who are in- Southern Illinois University, from Just in an informal sense, I would creasingly frustrated about the lack of Duke University, from the University choose not to challenge the gentleman progress being made by the Depart- of Texas in Houston, what these stud- from Louisiana if I could have some as- ment of Defense in solving the crisis of ies are telling us is these scientists be- surances that he will work with me in the Persian Gulf War syndrome. lieve that there is a direct link be- trying to get some money to an agency This amendment appropriates $10 tween chemical exposure and outside of the DOD so that we can real- million to the National Institute of En- pyridostigmine bromide that our sol- ly look at the impact of chemicals on vironmental Health Sciences for emer- diers took. In other words, they have our soldiers. Is that something he gency research of and treatment for made some real progress. would be interested in working with the synergistic impact of chemicals on But what is the problem? The prob- me on? the soldiers who served in the Persian lem is that for whatever reason, and I Mr. LIVINGSTON. Mr. Chairman, I Gulf and who are currently suffering do not want to cast aspersions today, would tell the gentleman that in the from gulf war syndrome. This amend- but for whatever reasons neither the fiscal year 1998 appropriations cycle I ment offsets this appropriation by re- Department of Defense nor the VA has would be delighted to work with him. The CHAIRMAN. The gentleman ducing the amount to be appropriated been vigilant in looking at that area. from Vermont cannot yield under his for the Department of Defense, Over- They will tell us they are, but they point of order. seas Contingencies Operations Transfer have not had any results, and the truth Mr. SANDERS. I thank the chair- Fund, which is presently at $1.5 billion, is they are not moving forward. man. by $10 million. Very simply, Mr. Chairman, what The CHAIRMAN. The Chair is pre- Mr. Chairman, for over 5 years, the this amendment does is take $10 mil- pared to rule. Department of Defense and the Veter- lion, not a lot of money within the Did the gentleman from Vermont ans Administration have been studying scheme of things, and puts it into an [Mr. SANDERS] wish to withdraw his the heartbreaking issue of Persian Gulf institute, the National Institute of En- amendment? War syndrome. And frankly, they have vironmental Health Sciences, who are Mr. SANDERS. Mr. Chairman, I ask not been successful. That is the issue interested in pursuing the link between unanimous consent to withdraw my that we have got to acknowledge chemical exposure and Persian Gulf ill- amendment. today. The truth is that the DOD and ness. The CHAIRMAN. Is there objection the VA have made virtually no I think we owe it to the 70,000 men to the request of the gentleman from progress in understanding the cause of and women who are suffering today, Vermont? Persian Gulf War syndrome or develop- who put their lives on the line in the There was no objection. ing an effective treatment for it. This gulf, to look at this and to go into AMENDMENT OFFERED BY MR. KOLBE is a painful truth, but we should recog- those agencies of government who Mr. KOLBE. Mr. Chairman, I offer an nize it. want to pursue this issue. amendment. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2751 The Clerk read as follows: Phelps Dodge shall be junior to the Tribe’s from the United States to the Tribe. The right to divert and use of 7300 acre feet per United States shall train Tribal members Amendment offered by Mr. KOLBE: year for the San Carlos Apache Tribe, and no during the Interim Period, and the respon- Page 18, after line 4, insert the following such diversion for Phelps Dodge shall cause sibility to operate the Black River facilities new section: the flow of Black River to fall below 20 cubic shall be transferred upon satisfaction of two SAN CARLOS APACHE TRIBE WATER RIGHTS feet per second. The United States shall ac- conditions: (i) entry of the Final Agreement SETTLEMENT count for the costs for operating and main- described in this subsection; and (ii) a find- SEC. 402. (a) EXTENSION.—Section 3711(b)(1) taining the Black River facilities, and ing by the United States that the Tribe has of the San Carlos Apache Tribe Water Rights Phelps Dodge shall reimburse the United completed necessary training and is quali- Settlement Act of 1992 (106 Stat. 4752) is States for such costs. Phelps Dodge shall pay fied to operate the Black River facilities. amended by striking ‘‘June 30, 1997’’ and in- to the United States, for delivery to the ‘‘(C) Power lines currently operated by serting ‘‘March 31, 1999’’. Tribe, the sum of $20,000 per month, with an Phelps Dodge on the Tribe’s Reservation, (b) EXTENSION FOR RIVER SYSTEM GENERAL annual CPI adjustment, for purposes of com- and the right of way associated with such ADJUDICATION.—Section 3711 of such Act is pensating the Tribe for United States use power lines, shall be surrendered by Phelps amended by adding at the end the following and occupancy of the Black River facilities. Dodge to the Tribe, without cost to the new subsection: Phelps Dodge shall cooperate with the Unit- Tribe. Concurrently with the transfer of the ‘‘(c) EXTENSION FOR RIVER SYSTEM GEN- ed States in effectuating an orderly transfer power lines and the right of way, Phelps ERAL ADJUDICATION.—If, at any time prior to of the operations of the Black River facili- Dodge shall construct a switch station at the March 31, 1999, the Secretary notifies the ties from Phelps Dodge to the United States. boundary of the reservation at which the Committee on Indian Affairs of the United ‘‘(C) Notwithstanding any other provision Tribe may switch power on or off and shall States Senate or the Committee on Re- of law, that contract referred to in subpara- deliver ownership and control of such switch sources in the United States House of Rep- graph (B) between the United States and station to the Tribe. Subsequent to the resentatives that the Settlement Agreement, Phelps Dodge providing for the diversion of transfer of the power lines and the right of as executed by the Secretary, has been sub- water from the Black River into the Black way and the delivery of ownership and con- mitted to the Superior Court of the State of River facilities, and the delivery of such trol of the switch station to the Tribe, Arizona in and for Maricopa County for con- water to Phelps Dodge at that location Phelps Dodge shall have no further obliga- sideration and approval as part of the Gen- where the channel of Eagle Creek last exits tion or liability of any nature with respect eral Adjudication of the Gila River System the reservation for use in the Morenci mine to the ownership, operation or maintenance and Source, the March 31, 1999, referred to in complex and the towns of Clifton and of the power lines, the right of way or the subsection (b)(1) shall be deemed to be Morenci and at no other location is ratified switch station. changed to December 31, 1999.’’. and confirmed. The United States/Phelps ‘‘(D) The Tribe and Phelps Dodge intend to (c) COUNTIES.—Section 3706(b)(3) of such Dodge contract shall have no bearing on po- enter into a contract covering the lease and Act is amended by inserting ‘‘Gila, Graham, tential claims by the United States, Phelps delivery of CAP water from the Tribe to Greenlee,’’ after ‘‘Maricopa,’’. Dodge or the Tribe regarding any aspect of Phelps Dodge on the terms recommended by (d) PARTIES TO AGREEMENT.—Section the Black River facilities in the event that a the United States, the trustee for the Tribe. 3703(2) of such Act is amended by adding at final agreement is not reached among the Water for delivery to Phelps Dodge from the the end the following new sentence: ‘‘The parties under paragraph (3) below. Black River shall not exceed an annual aver- Gila Valley Irrigation District and the ‘‘(D) The power line right-of-way over the age of 40 acre feet per day, or 14,000 acre feet Franklin Irrigation District shall be added Tribe’s Reservation which currently is held per year. All diversions from Black River to as parties to the Agreement, but only so long by Phelps Dodge shall remain in place. Dur- Phelps Dodge shall be junior to the Tribe’s as none of the aforementioned parties ob- ing the interim period, Phelps Dodge shall right to divert and use of 7300 acre feet per jects to adding the Gila Valley Irrigation provide power to the United States for oper- year for the San Carlos Apache Tribe, and no and/or the Franklin Irrigation District as ation of the pump station and related facili- such diversions for Phelps Dodge shall cause parties to the Agreement.’’. ties without charge, and Phelps Dodge shall the flow of Black River to fall below 20 cubic (e) CONDITIONS.—Section 3711 of such Act, pay a monthly right-of-way fee to the Tribe feet per second. It is intended that the water as amended by subsection (b) of this Act, is of $5000 per month, with an annual CPI ad- subject to the contract shall be CAP water further amended by adding at the end the justment. that is controlled by the Tribe. The Tribe following new subsections: ‘‘(E) Any questions regarding the water and/or the United States intend to enter into ‘‘(d) CONDITIONS.—(1) IN GENERAL.—The claims associated with Phelps Dodge’s use of an exchange agreement with the Salt River June 30, 1997, deadline has been extended the Eagle Creek wellfield, its diversions of Project which will deliver CAP water to the based on the following conditions. The provi- surface water from Eagle Creek, the San Salt River Project in return for the diversion sions and agreements set forth or referred to Francisco River, Chase Creek, and/or its use of water from the Black River into the Black in paragraph (2), (3), and (4) below shall be of other water supplies are not addressed in River facilities. The lease and delivery con- enforceable against the United States, and this title. No provision in this subsection tract between Phelps Dodge and the Tribe is the conditions and agreements set forth or shall affect or be construed to affect any intended to be based on a long-term lease of referred to in paragraphs (3) and (4) shall be claims by the Tribe, the United States, or CAP water at prevailing market rates for enforceable against the Tribe, in United Phelps Dodge to groundwater or surface municipal and industrial uses of CAP water. States District Court, and the immunity of water. The parties will discuss the potential imposi- the United States and the Tribe for such pur- ‘‘(F) If a final agreement is not reached by tion of capital costs as part of the contract. poses is hereby waived. March 31, 1999, the terms set forth in sub- It is intended that the contract price shall ‘‘(2) INTERIM PERIOD.—Prior to March 31, paragraphs (A) through (E) shall no longer include operation, maintenance and replace- 1999, or the execution of a final Agreement apply. Under such circumstances, the occu- ment (OM&R) charges associated with the under paragraph (3) below, whichever comes pancy of the Black River facilities shall re- leased CAP water, and it is intended that the first, the following conditions shall apply: vert to Phelps Dodge on March 31, 1999, and contract will take into account reasonable ‘‘(A) As of July 23, 1997, Phelps Dodge shall the Tribe and/or Phelps Dodge shall be free charges associated with the Tribe’s oper- vacate the reservation and no longer rely to prosecute litigation regarding the validity ations and maintenance of the Black River upon permit #2000089, dated July 25, 1944, ex- of Phelps Dodge use of the Black River fa- facilities, and a credit for power provided for cept as provided in subparagraph (F) and the cilities. In any such event, the Tribe, the such facilities. It is intended that the water Tribe will stay any further prosecution of United States, and Phelps Dodge shall have delivered under this contract will be utilized any claims or suits filed by the Tribe in any the same rights with respect to the Black in the Morenci mine complex and the towns court with respect to the Black River facili- River facilities as each had prior to the en- of Clifton and Morenci, and for no other pur- ties or the flowage of water on Eagle Creek. actment of this subsection and nothing in pose. The United States, with the permission of this subsection shall be construed as altering ‘‘(E) Any questions regarding the water the Tribe, shall enter and operate the Black or affecting such rights nor shall anything claims associated with Phelps Dodge’s use of River pump station, outbuildings, the pipe- herein be admissible or otherwise relevant the Eagle Creek wellfield, its diversions of line, related facilities, and certain caretaker for the purpose of determining any of their surface water from lower Eagle Creek, the quarters (hereinafter referred to collectively respective rights. San Francisco River, Chase Creek, and/or its as the ‘Black River facilities’). ‘‘(3) FINAL AGREEMENT.—The United States, use of other groundwater supplies are not ad- ‘‘(B) As of July 23, 1997, the United States, Phelps Dodge, and the Tribe intend to enter dressed by this title. No provision in this through the Bureau of Reclamation, shall into a Final Agreement on or before March subsection shall affect or be construed to af- operate and maintain the Black River facili- 31, 1999, which Agreement shall include the fect any claims by the Tribe, the United ties. The United States and Phelps Dodge following terms: States, or Phelps Dodge to groundwater or shall enter into a contract for delivery of ‘‘(A) The United States shall hold the surface water. water pursuant to subparagraph (C), below. Black River facilities in trust for the Tribe, ‘‘(4) EAGLE CREEK.—From the effective date Water for delivery to Phelps Dodge from the without cost to the Tribe or the United of this subsection, the Tribe covenants not Black River shall not exceed an annual aver- States. to impede, restrict, or sue the United States age of 40 acre feet per day, or 14,000 acre feet ‘‘(B) Responsibility for operation of the regarding, the passage of water from the per year. All diversions from Black River to Black River facilities shall be transferred Black River facilities into those portions of H2752 CONGRESSIONAL RECORD — HOUSE May 15, 1997 the channels of Willow Creek and Eagle The CHAIRMAN. The point of order committee on Housing and Community Creek which flow through the Tribe’s lands. is conceded and sustained. Opportunity of the Committee on The Tribe covenants not to impede, restrict, The CHAIRMAN. The Clerk will read. Banking and Financial Services. or sue Phelps Dodge regarding, the passage The Clerk read as follows: Mr. LEWIS of California. Mr. Chair- of historic maximum flows, less transpor- tation losses, from the existing Phelps Dodge CHAPTER 5 man, it was our intent, I say to the Upper Eagle Creek Wellfield, except that (i) DEPARTMENT OF TRANSPORTATION gentleman, if he will continue to yield Phelps Dodge shall pay to the United States, COAST GUARD time, that those reserve funds be used for delivery to the Tribe, $5000 per month, currently in a way that will assure the RETIRED PAY with an annual CPI adjustment, to account House that we are committed to mak- the passage of such flows; and (ii) the Tribe For an additional amount for ‘‘Retired Pay’’, $4,200,000. ing certain that those people currently and the United States reserve the right to who are receiving assistance will have challenge Phelps Dodge’s claims regarding FEDERAL AVIATION ADMINISTRATION a continued commitment from the the pumping of groundwater from the upper FACILITIES AND EQUIPMENT Eagle Creek wellfield, in accordance with committee and from the House. (AIRPORT AND AIRWAY TRUST FUND) paragraphs (2)(E) and (3)(E) above. Nothing Mr. KENNEDY of Massachusetts. Mr. in this subsection shall affect or be con- For additional necessary expenses for ‘‘Fa- Chairman, I very much appreciate the strued to affect the rights of the United cilities and Equipment’’, $40,000,000, to be de- gentleman making that point very States, the Tribe, or Phelps Dodge to flow rived from the Airport and Airway Trust clear. There is the potential for a great water in the channel of Eagle Creek in the Fund and to remain available until ex- pended: Provided, That these funds shall only deal of misunderstanding with regard absence of this subsection. to this issue, as the chairman is well ‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the be available for non-competitive contracts or event that Phelps Dodge and the Tribe exe- cooperative agreements with air carriers and aware, in that there is going to be a cute a Final Agreement pursuant to para- airport authorities, which provide for the large requirement for budget authority graph (3) on or before March 3, 1999— Federal Aviation Administration to purchase requested by the Members of the House ‘‘(A) effective on the date of execution of and assist in installation of advanced secu- in order to maintain the exact same such Final Agreement, the term ‘Agree- rity equipment for the use of such entities. number of apartments for the very ment’, as defined by section 3703(2), shall not Mr. KENNEDY of Massachusetts. Mr. poor and vulnerable citizens. include Phelps Dodge; and Chairman, I move to strike the last We are concerned that with the re- ‘‘(B) section 3706(j) shall have no effect.’’. word. (f) REPEAL.—Subsection (f) of section 3705 scinding of the funds in this bill that of such Act is hereby repealed. Mr. LEWIS of California. Mr. Chair- we perhaps will send a misimpression (g) TECHNICAL AMENDMENT.—Section man, will the gentleman yield? to other Members of the House that 3702(a)(3) is amended by striking ‘‘qualifica- Mr. KENNEDY of Massachusetts. I these funds are not needed. The pur- tion’’ and inserting ‘‘quantification’’. yield to the gentleman from California. pose of this colloquy is to make very Mr. KOLBE (during the reading). Mr. Mr. LEWIS of California. Mr. Chair- clear to all the Members of the House Chairman, I ask unanimous consent man, I am pleased to join with the gen- that, in fact, the chairman of the Sub- that the amendment be considered as tleman from Massachusetts in time to committee on VA, HUD and Independ- read and printed in the RECORD. have a colloquy regarding a question in ent Agencies recognizes the impor- The CHAIRMAN. Is there objection the housing field that he is interested tance of making certain that these to the request of the gentleman from in. funds are made available and that, in Arizona? Mr. KENNEDY of Massachusetts. Mr. fact, the President’s budget that has There was no objection. Chairman, reclaiming my time, I want- been signed off by Members on both POINT OF ORDER ed to engage in a colloquy with my dis- sides in terms of negotiations actually Mr. OBEY. Mr. Chairman, I make a tinguished colleague from California, provided for the funding that will be point of order against the amendment. the chairman of the Subcommittee on necessary to maintain the number of It violates clause 2 of rule XXI. No VA, HUD and Independent Agencies of apartments that are serving the poor amendment to a general appropriations the Committee on Appropriations. through the section 8 program in the bill shall be in order if it changes exist- I had filed an amendment to the sup- future. ing law. plemental appropriations bill, which I Mr. LEWIS of California. The gen- The CHAIRMAN. Does the gentleman will not be offering, which gives HUD tleman is correct, Mr. Chairman. from Arizona wish to be heard on the the ability to recapture appropriated I think the gentleman understands point of order? but unspent budget authority for ten- that suddenly we have found that the Mr. KOLBE. Mr. Chairman, I would ant-based section 8 reserves and use Department of Housing and Urban Af- simply like to be heard on point of such authority in part to meet section fairs does have a little problem from order. 8 contract renewals which will expire I am very surprised at the ranking time to time with their accounting next year. member’s position here, since this had procedures. We suddenly found that My amendment also expresses the been worked out with him earlier. there was a sizable amount of money in Mr. OBEY. No one has ever discussed sense of the House that sufficient budg- reserve which had not been discovered this with me. et authority be provided to renew all before. The CHAIRMAN. The gentleman expiring contracts to make sure that It was very apparent to this Member from Arizona has the time on the point elderly, disabled and working poor liv- that if that BA was just left out there of order. ing in section 8 housing will not lose it might very well have been scooped Mr. KOLBE. Mr. Chairman, I would their rental assistance. up by other interests around the House. simply say it obviously does have this Mr. Chairman, is it not true that this It was important that we reserve that problem. This had been worked out supplemental bill rescinds $3.8 billion money in a way that would allow us to with the chairman of the committee, in unused budget authority for tenant- maintain control. with the ranking member; with the based section 8 reserves? So two things occurred: First, as we chairman of the Committee on Re- Mr. LEWIS of California. Mr. Chair- recognized that some of this budget au- sources, the ranking member of the man, if the gentleman will continue to thority could very effectively be used Committee on Resources; the chairman yield, he is correct, the bill rescinds to deal with these emergency problems of the Subcommittee on the Interior of budget authority which has been held across the country, that at the same the Appropriations Committee, and the for reserves and which HUD says they time allowed us to maintain some con- ranking member, and is supported by will not need. trol over that authority over time. We the Department of the Interior as an May I ask the gentleman if he in- wanted to make certain it was not used extension of an Indian water settle- cluded that amendment in the housing for other purposes because we do need ment that is vitally needed in order to bill which passed yesterday? the long-term commitment to those keep the progress and the negotiations Mr. KENNEDY of Massachusetts. tenants who are receiving these serv- going. Yes. I merely wanted to be clear that ices in these housing programs. If the gentleman is going to persist, the gentleman is aware of the concern Mr. KENNEDY of Massachusetts. I he obviously would be correct in his po- expressed by HUD and Members on appreciate the gentleman’s recognition sition. both sides of the aisle in the Sub- of that fact. I would like to make it May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2753 clear that it was only through the ef- March 31, 1999, the Secretary notifies the ‘‘(C) Notwithstanding any other provision forts of the current Secretary, in con- Committee on Indian Affairs of the United of law, that contract referred to in subpara- junction with the inspector general, in States Senate or the Committee on Re- graph (B) between the United States and fulfilling the requirements to make sources in the United States House of Rep- Phelps Dodge providing for the diversion of resentatives that the Settlement Agreement, water from the Black River into the Black certain that we investigated how HUD as executed by the Secretary, has been sub- River facilities, and the delivery of such was actually utilizing these funds, that mitted to the Superior Court of the State of water to Phelps Dodge at that location the discovery of this $3.8 billion or ac- Arizona in and for Maricopa County for con- where the channel of Eagle Creek last exits tually $5 billion became apparent. sideration and approval as part of the Gen- the reservation for use in the Morenci mine So it was through the diligent effort, eral Adjudication of the Gila River System complex and the towns of Clifton and I think, that has been acknowledged on and Source, the March 31, 1999, referred to in Morenci and at no other location is ratified both sides of the aisle in terms of HUD subsection (b)(1) shall be deemed to be and confirmed. The United States/Phelps changed to December 31, 1999.’’. actually beginning to do its job on Dodge contract shall have no bearing on po- (c) COUNTIES.—Section 3706(b)(3) of such tential claims by the United States, Phelps some of the bureaucratic issues that Act is amended by inserting ‘‘Gila, Graham, Dodge or the Tribe regarding any aspect of the funds became available. I think we Greenlee,’’ after ‘‘Maricopa,’’. the Black River facilities in the event that a were all very concerned that the use of (d) PARTIES TO AGREEMENT.—Section final agreement is not reached among the those funds going outside of HUD pur- 3703(2) of such Act is amended by adding at parties under paragraph (3) below. the end the following new sentence: ‘‘The poses, given the fact that we are going ‘‘(D) The power line right-of-way over the Gila Valley Irrigation District and the Tribe’s Reservation which currently is held to need additional funding later this Franklin Irrigation District shall be added year, created kind of a perverse cir- by Phelps Dodge shall remain in place. Dur- as parties to the Agreement, but only so long ing the interim period, Phelps Dodge shall cumstance, which I am glad that the as none of the aforementioned parties ob- provide power to the United States for oper- jects to adding the Gila Valley Irrigation chairman is now pointing out. ation of the pump station and related facili- and/or the Franklin Irrigation District as I just want to be very clear that it ties without charge, and Phelps Dodge shall parties to the Agreement.’’. was HUD’s competency in terms of ac- pay a monthly right-of-way fee to the Tribe (e) CONDITIONS.—Section 3711 of such Act, tually going through and finding these as amended by subsection (b) of this Act, is of $5000 per month, with an annual CPI ad- funds that has allowed us to provide further amended by adding at the end the justment. the funding that is necessary for FEMA following new subsections: ‘‘(E) Any questions regarding the water claims associated with Phelps Dodge’s use of use as well as other uses today, but it ‘‘(d) CONDITIONS.—(1) IN GENERAL.—The June 30, 1997, deadline has been extended the Eagle Creek wellfield, its diversions of should not be hurt on the people that surface water from Eagle Creek, the San need those apartments as a result of based on the following conditions. The provi- sions and agreements set forth or referred to Francisco River, Chase Creek, and/or its use HUD doing its job and being, I think, in paragraph (2), (3), and (4) below shall be of other water supplies are not addressed in diligent in their efforts to uncover enforceable against the United States, and this title. No provision in this subsection these funds and be able to use them in the conditions and agreements set forth or shall affect or be construed to affect any the future for other purposes. referred to in paragraphs (3) and (4) shall be claims by the Tribe, the United States, or Mr. LEWIS of California. If the gen- enforceable against the Tribe, in United Phelps Dodge to groundwater or surface tleman will continue to yield, we have States District Court, and the immunity of water. ‘‘(F) If a final agreement is not reached by worked very closely with the Depart- the United States and the Tribe for such pur- poses is hereby waived. March 31, 1999, the terms set forth in sub- ment. I must say to the gentleman ‘‘(2) INTERIM PERIOD.—Prior to March 31, paragraphs (A) through (E) shall no longer that it was a GAO study approximately 1999, or the execution of a final Agreement apply. Under such circumstances, the occu- a year ago that the committee became under paragraph (3) below, whichever comes pancy of the Black River facilities shall re- involved in that first began reviewing first, the following conditions shall apply: vert to Phelps Dodge on March 31, 1999, and these programs. At the same time, the ‘‘(A) As of July 23, 1997, Phelps Dodge shall the Tribe and/or Phelps Dodge shall be free new Secretary was just really coming vacate the reservation and no longer rely to prosecute litigation regarding the validity upon permit #2000089, dated July 25, 1944, ex- of Phelps Dodge use of the Black River fa- aboard, and he has done a very effec- cept as provided in subparagraph (F) and the cilities. In any such event, the Tribe, the tive job of helping us identify some of Tribe will stay any further prosecution of United States, and Phelps Dodge shall have these problems. any claims or suits filed by the Tribe in any the same rights with respect to the Black There is no question that the House court with respect to the Black River facili- River facilities as each had prior to the en- should be committed and is committed ties or the flowage of water on Eagle Creek. actment of this subsection and nothing in to making sure these services continue The United States, with the permission of this subsection shall be construed as altering to be received. the Tribe, shall enter and operate the Black or affecting such rights nor shall anything Mr. KENNEDY of Massachusetts. Mr. River pump station, outbuildings, the pipe- herein be admissible or otherwise relevant Chairman, I want to thank the gen- line, related facilities, and certain caretaker for the purpose of determining any of their quarters (hereinafter referred to collectively tleman for his leadership. respective rights. as the ‘Black River facilities’). ‘‘(3) FINAL AGREEMENT.—The United States, AMENDMENT OFFERED BY MR. KOLBE ‘‘(B) As of July 23, 1997, the United States, Phelps Dodge, and the Tribe intend to enter Mr. KOLBE. Mr. Chairman, I ask through the Bureau of Reclamation, shall into a Final Agreement on or before March unanimous consent to go back to line 4 operate and maintain the Black River facili- 31, 1999, which Agreement shall include the to reoffer the amendment that I offered ties. The United States and Phelps Dodge following terms: before. shall enter into a contract for delivery of ‘‘(A) The United States shall hold the The CHAIRMAN. Is there objection water pursuant to subparagraph (C), below. Black River facilities in trust for the Tribe, to the request of the gentleman from Water for delivery to Phelps Dodge from the without cost to the Tribe or the United Black River shall not exceed an annual aver- States. Arizona? age of 40 acre feet per day, or 14,000 acre feet ‘‘(B) Responsibility for operation of the There was no objection. per year. All diversions from Black River to Black River facilities shall be transferred The CHAIRMAN. The Clerk will re- Phelps Dodge shall be junior to the Tribe’s from the United States to the Tribe. The port the amendment. right to divert and use of 7300 acre feet per United States shall train Tribal members The Clerk read as follows: year for the San Carlos Apache Tribe, and no during the Interim Period, and the respon- Amendment offered by Mr. KOLBE: such diversion for Phelps Dodge shall cause sibility to operate the Black River facilities Page 18, after line 4, insert the following the flow of Black River to fall below 20 cubic shall be transferred upon satisfaction of two new section: feet per second. The United States shall ac- conditions: (i) entry of the Final Agreement SAN CARLOS APACHE TRIBE WATER RIGHTS count for the costs for operating and main- described in this subsection; and (ii) a find- SETTLEMENT taining the Black River facilities, and ing by the United States that the Tribe has SEC. 402. (a) EXTENSION.—Section 3711(b)(1) Phelps Dodge shall reimburse the United completed necessary training and is quali- of the San Carlos Apache Tribe Water Rights States for such costs. Phelps Dodge shall pay fied to operate the Black River facilities. Settlement Act of 1992 (106 Stat. 4752) is to the United States, for delivery to the ‘‘(C) Power lines currently operated by amended by striking ‘‘June 30, 1997’’ and in- Tribe, the sum of $20,000 per month, with an Phelps Dodge on the Tribe’s Reservation, serting ‘‘March 31, 1999’’. annual CPI adjustment, for purposes of com- and the right of way associated with such (b) EXTENSION FOR RIVER SYSTEM GENERAL pensating the Tribe for United States use power lines, shall be surrendered by Phelps ADJUDICATION.—Section 3711 of such Act is and occupancy of the Black River facilities. Dodge to the Tribe, without cost to the amended by adding at the end the following Phelps Dodge shall cooperate with the Unit- Tribe. Concurrently with the transfer of the new subsection: ed States in effectuating an orderly transfer power lines and the right of way, Phelps ‘‘(c) EXTENSION FOR RIVER SYSTEM GEN- of the operations of the Black River facili- Dodge shall construct a switch station at the ERAL ADJUDICATION.—If, at any time prior to ties from Phelps Dodge to the United States. boundary of the reservation at which the H2754 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Tribe may switch power on or off and shall water in the channel of Eagle Creek in the Apache Tribe for economic develop- deliver ownership and control of such switch absence of this subsection. ment. However, the money is not cur- station to the Tribe. Subsequent to the ‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the rently available to the Tribe because event that Phelps Dodge and the Tribe exe- transfer of the power lines and the right of several contingencies included in the way and the delivery of ownership and con- cute a Final Agreement pursuant to para- trol of the switch station to the Tribe, graph (3) on or before March 3, 1999— legislation have yet to be satisfied. Phelps Dodge shall have no further obliga- ‘‘(A) effective on the date of execution of I am offering this amendment be- tion or liability of any nature with respect such Final Agreement, the term ‘Agree- cause the Settlement Act is scheduled to the ownership, operation or maintenance ment’, as defined by section 3703(2), shall not to expire on June 30, 1997. Negotiations of the power lines, the right of way or the include Phelps Dodge; and between the Tribe, the Department of switch station. ‘‘(B) section 3706(j) shall have no effect.’’. Interior, and several of the Arizona en- ‘‘(D) The Tribe and Phelps Dodge intend to (f) REPEAL.—Subsection (f) of section 3705 tities which are parties to the Settle- enter into a contract covering the lease and of such Act is hereby repealed. ment are ongoing. In fact, Mr. David (g) TECHNICAL AMENDMENT.—Section delivery of CAP water from the Tribe to Hayes, Counselor to Secretary Babbitt Phelps Dodge on the terms recommended by 3702(a)(3) is amended by striking ‘‘qualifica- the United States, the trustee for the Tribe. tion’’ and inserting ‘‘quantification’’. and the lead negotiator, met this Mon- Water for delivery to Phelps Dodge from the Mr. KOLBE (during the reading). Mr. day with representatives of the San Black River shall not exceed an annual aver- Chairman, I ask unanimous consent Carlos Apache Tribe and Phelps Dodge age of 40 acre feet per day, or 14,000 acre feet that the amendment be considered as Corporation. The negotiations con- per year. All diversions from Black River to read and printed in the RECORD. cluded at 4:30 am, and significant Phelps Dodge shall be junior to the Tribe’s The CHAIRMAN. Is there objection progress was made in resolving out- right to divert and use of 7300 acre feet per to the request of the gentleman from standing issues between these two par- year for the San Carlos Apache Tribe, and no ties. But the reality is that a final Set- such diversions for Phelps Dodge shall cause Arizona? the flow of Black River to fall below 20 cubic There was no objection. tlement agreement before the June 30, feet per second. It is intended that the water Mr. KOLBE. Mr. Chairman, I would 1997 expiration date is not possible. subject to the contract shall be CAP water simply say, as I did before, that this Mr. Chairman, my amendment ex- that is controlled by the Tribe. The Tribe has been worked out with all the par- tends the Settlement Act until March and/or the United States intend to enter into ties in question on the minority and 31, 1999. Should a final agreement be an exchange agreement with the Salt River majority side of the authorizing and reached prior to the March date, the Project which will deliver CAP water to the Committee on Appropriations, and is Act is automatically extended until Salt River Project in return for the diversion supported by the Department of the In- December 31, 1999. This extension is of water from the Black River into the Black necessary because any final agreement River facilities. The lease and delivery con- terior as an extension of this water set- tract between Phelps Dodge and the Tribe is tlement. must be submitted to the Superior intended to be based on a long-term lease of Mr. Chairman, I include for the Court system of Arizona for approval. CAP water at prevailing market rates for RECORD a copy of my complete state- The amendment also extends the municipal and industrial uses of CAP water. ment. Tribe’s Central Arizona Project [CAP] The parties will discuss the potential imposi- Mr. Chairman, I am very grateful to water lease authority to three adjoin- tion of capital costs as part of the contract. several of my colleagues for their as- ing counties: Gila, Graham and It is intended that the contract price shall sistance in ensuring that my amend- Greenlee. In addition, the Gila Valley include operation, maintenance and replace- ment is considered today. Specifically, Irrigation District and the Franklin Ir- ment (OM&R) charges associated with the leased CAP water, and it is intended that the I want to thank Chairman LIVINGTON, rigation District would be added as contract will take into account reasonable Ranking Minority Member OBEY, the parties to the Act as long as none of charges associated with the Tribe’s oper- chairman and ranking member of the the existing parties to the Act objects. ations and maintenance of the Black River Resources Committee—Mr. YOUNG and Lastly, and perhaps most important, facilities, and a credit for power provided for Mr. MILLER, and the chairman and my amendment clarifies the right-of- such facilities. It is intended that the water ranking member of the Interior Appro- way issue as it pertains to the Black delivered under this contract will be utilized priations Subcommittee—Mr. REGULA River pump station and Eagle Creek— in the Morenci mine complex and the towns and Mr. YATES. which are both located on the San Car- of Clifton and Morenci, and for no other pur- The amendment that I am offering pose. los Apache reservation. Specifically, ‘‘(E) Any questions regarding the water pertains to the San Carlos Apache section 5 of the amendment directs the claims associated with Phelps Dodge’s use of Water Rights Settlement Act—Public United States through the Bureau of the Eagle Creek wellfield, its diversions of Law 102–575. Simply put, the amend- Reclamation to operate and maintain surface water from lower Eagle Creek, the ment extends the Settlement Act. the Black River facilities and to enter San Francisco River, Chase Creek, and/or its Again, I want to make it perfectly into a contract with Phelps Dodge for use of other groundwater supplies are not ad- clear that all my amendment does is delivery of water. In return for delivery dressed by this title. No provision in this extend the Act. This extension provides of water, Phelps Dodge Corporation subsection shall affect or be construed to af- additional time for the implementation fect any claims by the Tribe, the United will pay $20,000 per month, in addition States, or Phelps Dodge to groundwater or of many of the important provisions in to the $5000 per month power line surface water. the Act. Before I describe the provi- right-of-way fee they are to be as- ‘‘(4) EAGLE CREEK.—From the effective date sions contained in my amendment, I sessed. of this subsection, the Tribe covenants not would like to provide a few facts about Mr. Chairman, the provisions con- to impede, restrict, or sue the United States the Settlement Act. tained in my amendment are the result regarding, the passage of water from the The San Carlos Apache Water Rights of hotly debated, and at times, conten- Black River facilities into those portions of the channels of Willow Creek and Eagle Settlement Act was signed into law by tious negotiations. These have been Creek which flow through the Tribe’s lands. President Bush on October 30, 1992. The trying times for all the parties to the The Tribe covenants not to impede, restrict, bill settled significant reserved water Settlement. But, we have come to a or sue Phelps Dodge regarding, the passage rights claims, and provided for expe- point in the negotiations where we of historic maximum flows, less transpor- dited resolution of any Fifth Amend- have the framework for a final agree- tation losses, from the existing Phelps Dodge ment taking claim against the United ment. Adoption of my amendment will Upper Eagle Creek Wellfield, except that (i) States by certain Arizona entities re- Phelps Dodge shall pay to the United States, ensure that all the parties to the Set- for delivery to the Tribe, $5000 per month, lating to one of the water sources allo- tlement Act will have 20 more months with an annual CPI adjustment, to account cated to the Tribe by the bill. In addi- to negotiate a final agreement. Other- the passage of such flows; and (ii) the Tribe tion to preserving reserved water wise, the Act will expire, the Tribe will and the United States reserve the right to rights, the bill authorized a $38 million lose $41 million earmarked for eco- challenge Phelps Dodge’s claims regarding federal appropriation (which has been nomic development, and this issue will the pumping of groundwater from the upper appropriated) and a $3 million state be mired in litigation for years. Eagle Creek wellfield, in accordance with paragraphs (2)(E) and (3)(E) above. Nothing contribution (which has also been ap- I have letters supporting my amend- in this subsection shall affect or be con- propriated). The $41 million settlement ment from the Tribe, Phelps Dodge strued to affect the rights of the United is currently accruing interest and is in- Corporation, and the Department of In- States, the Tribe, or Phelps Dodge to flow tended to be used by the San Carlos terior—as trustee for the Tribe. My May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2755 amendment is also supported by all the Mr. HAYWORTH. I yield to the gen- Congress: Provided, That the entire amount other parties to the Settlement Act tleman from California. is designated by the Congress as an emer- and the entire Arizona Congressional Mr. LEWIS of California. I appreciate gency requirement pursuant to section delegation. the gentleman yielding. I would first 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as I urge my colleagues to support my like to express my deep appreciation to amended: Provided further, That 23 U.S.C. amendment. the gentleman from Arizona for his 125(b)(1) shall not apply to projects resulting b 1815 bringing this matter to my attention. I from the December 1996 and January 1997 have been very, very appreciative of his flooding in the western States: Provided fur- The CHAIRMAN. The question is on making certain that our committee un- ther, That notwithstanding any other provi- the amendment offered by the gen- derstands just how frustrating this has sion of law, a project to repair or reconstruct tleman from Arizona [Mr. KOLBE]. been not just for him but for his con- any portion of a Federal-aid primary route The amendment was agreed to. stituents back home. We are more than in San Mateo County, California, which was Mr. HAYWORTH. Mr. Chairman, I destroyed as a result of a combination of happy to make every effort to see that storms in the winter of 1982–1983 and a moun- move to strike the last word. FEMA is responsive to the problems of Mr. Chairman, I thank the gentleman tain slide which, until its destruction, has the people in and around Gila, Arizona. served as the only reasonable access between from Arizona and also the ranking I agree that 4 years is too long to wait two cities and as the designated emergency member of the Committee on Appro- to get relief for those communities evacuation route of one such cities shall be priations for moving forward on the which have suffered from disasters. I eligible for assistance under this head. aforementioned amendment. It is of would like to work with the gentleman FEDERAL-AID HIGHWAYS vital concern for jobs and for Native from Arizona [Mr. HAYWORTH] in the (HIGHWAY TRUST FUND) Americans in the State of Arizona and months ahead to make certain that The limitation under this heading in Pub- I thank that spirit of cooperation and day in and day out we have the atten- lic Law 104–205 is increased by $318,077,043: comity. tion of the top leadership of FEMA, Provided, That notwithstanding any other Mr. Chairman, I also rise in support and I am happy to be a part of that ef- provision of law, such additional authority of this Disaster Recovery Act now shall be distributed to ensure that States re- fort. ceive amounts that they would have received under consideration by this House. Mr. HAYWORTH. Reclaiming my There are many areas across this coun- had the Highway Trust Fund fiscal year 1995 time, I thank the gentleman from Cali- income statement not been revised on De- try that have suffered from a variety of fornia for his commitment to work in cember 24, 1996. natural disasters, and it is my hope this area. The 6th District of Arizona Ms. PELOSI. Mr. Chairman, I move that we can at last move this bill expe- in square mileage is roughly the size of to strike the last word. ditiously. As we prepare to vote on this the Commonwealth of Pennsylvania. Mr. Chairman, I rise for the purpose legislation, Mr. Chairman, I would be There are many rural communities of engaging in a colloquy with the gen- remiss if I did not point out to this that are fiscally challenged, financially tleman from Illinois [Mr. PORTER], body that there are areas in Arizona strapped. I appreciate the fact that the chairman of the Subcommittee on that still are damaged as a result of subcommittee chairman joins with me Labor, Health and Human Services, flooding back in 1993. in a commitment to work with FEMA and Education of the Committee on In one case, the town of Kearny, Ari- to iron out the problems in and around Appropriations. zona suffered significant destruction as Kearny and also to reimburse the peo- I am proud to serve under the leader- a result of those 1993 floods, including ple, the taxpayers, of Gila County, Ari- ship of the gentleman from Illinois the loss of its wastewater treatment fa- zona, who in good faith worked to ful- [Mr. PORTER] as a member of the sub- cility, its campground, and its airport. fill agreements with the Federal Emer- committee. As our colleagues know, The cost of this loss far exceeded the gency Management Administration. our chairman is a leader in advancing town’s financial ability to recover from Again I am very appreciative of my biomedical research and is the cham- it. In response to that flooding, the colleague from California. pion of the National Institutes of Federal Emergency Management Ad- Mr. LEWIS of California. If the gen- Health. His support for biomedical re- ministration, or FEMA, committed to tleman will yield further, I might say search has brought hope to millions of help the community recover its losses that the people ought to have a clear Americans with illnesses in their fami- and build dikes to prevent future flood- understanding that the gentleman lies. His ability to build bipartisan sup- ing. Unfortunately, indeed sadly, Mr. from Arizona [Mr. HAYWORTH] has cer- port for the NIH is a defining char- Chairman, in this instance, FEMA has tainly gotten all of our attention and acteristic of his chairmanship. yet to live up to its commitment. we appreciate that. As the chairman knows, our invest- In another case, in Gila County, Ari- Mr. HAYWORTH. Reclaiming my ment in AIDS research through the zona, FEMA agreed to reimburse the time, I thank my colleague from Cali- NIH has produced dramatic results. county for $665,269 the county spent on fornia. Again I thank the spirit of co- Just this week, new research findings cleanup work for the town of operation that permeates this House demonstrated that triple therapy Winkelman. Although FEMA has paid with so many pressing questions of seems to kill HIV more rapidly than the county some $341,598 of the amount concern. Again I rise in support of the previously believed. HHS will soon be the agency promised to pay, it still has legislation. releasing new practice guidelines for been unwilling to pay the remainder. The CHAIRMAN pro tempore (Mr. treating HIV infection based on this Mr. Chairman, as my colleagues might HANSEN). The Clerk will read. important medical research. imagine, this places financially- The Clerk read as follows: The goal of the new combination strapped Gila County in an extremely FEDERAL HIGHWAY ADMINISTRATION therapies is to bring an individual’s difficult position. FEDERAL-AID HIGHWAYS level of HIV infection down to Mr. Chairman, given that it has been EMERGENCY RELIEF PROGRAM undetectable levels. The treatments 4 years since these floods occurred and (HIGHWAY TRUST FUND) ward off further deterioration of the satisfactory resolution of these prob- For an additional amount for the Emer- immune system. After 15 years of the lems has not yet been achieved, I would gency Relief Program for emergency ex- AIDS epidemic, the new treatments like to ask the gentleman from Califor- penses resulting from flooding and other nat- bring us hope. nia [Mr. LEWIS], the chairman of the ural disasters, as authorized by 23 U.S.C. 125, Would the gentleman agree that Subcommittee on VA, HUD, and Inde- $650,000,000, to be derived from the Highway these advances in AIDS treatment are pendent Agencies of the Committee on Trust Fund and to remain available until ex- a remarkable tribute to the importance Appropriations if he would be willing pended, of which $374,000,000 shall be avail- of investing in the NIH? to offer his assistance to help me se- able only to the extent an official budget re- Mr. PORTER. Mr. Chairman, will the cure relief from FEMA on these issues quest for a specific dollar amount, that in- cludes designation of the entire amount of gentlewoman yield? of great concern in the 6th District of the request as an emergency requirement as Ms. PELOSI. I yield to the gentleman Arizona. defined in the Balanced Budget and Emer- from Illinois. Mr. LEWIS of California. Mr. Chair- gency Deficit Control Act of 1985, as amend- Mr. PORTER. Mr. Chairman, I agree man, will the gentleman yield? ed, is transmitted by the President to the with the gentlewoman from California. H2756 CONGRESSIONAL RECORD — HOUSE May 15, 1997 This is an excellent example of the im- today do not provide the opportunity further, That notwithstanding any other pro- portance of funding basic and applied to respond to this emergency. However, vision of law, up to $10,330,000 shall be pro- science through the NIH. The success it is my understanding that the Presi- vided by the National Transportation Safety of the pharmaceutical companies in de- dent may seek emergency supple- Board to the Department of the Navy as re- imbursement for costs incurred in connec- veloping these drugs would never have mental funding for this program in the tion with recovery of wreckage from TWA occurred without the sustained re- very near future. In the event that the Flight 800 and shall be credited to the appro- search that is funded by NIH. President seeks emergency supple- priation contained in the Omnibus Consoli- The many advances reported each mental funding for this program, would dated Appropriations Act, 1997, which is year by the NIH are crucial to the the chairman be willing to work with available for the same purpose as the appro- health and well-being of the American the administration to find a timely so- priation originally charged for the expense people. I personally feel that Congress lution to this urgent situation? for which the reimbursements are received, can make no better investment than Mr. PORTER. Let me assure the gen- to be merged with, and to be available for the same purpose as the appropriation to increasing NIH funding. tlewoman from California that should Ms. PELOSI. As the gentleman from which such reimbursements are credited: the President send the request to Con- Provided further, That notwithstanding any Illinois [Mr. PORTER] knows, the AIDS gress, I would be pleased to work with other provision of law, of the amount pro- Drug Assistance Program, also known the administration in assessing the vided $3,100,000 shall be made available to as ADAP, provides funding to States to need and developing an appropriate re- Metropolitan Dade County, Florida as reim- reimburse the cost of drugs used to sponse. bursement for costs incurred in connection treat HIV infection. These new drugs Ms. PELOSI. I thank the chairman with the crash of ValuJet Flight 592. are expensive, but result in decreased for his response and his continued lead- GENERAL PROVISIONS, CHAPTER 5 costs associated with treating oppor- ership in responding to the many chal- SEC. 501. In Title I of Public Law 104–205, tunistic infections and expensive hos- lenges posed by the AIDS epidemic. under the heading ‘‘Federal Transit Adminis- pital stays common when uncontrolled The CHAIRMAN pro tempore. The tration, Discretionary Grants’’, strike infection results in severe damage to Clerk will read. $661,000,000 for the DeKalb County, Georgia the immune system. The Clerk read as follows: light rail project;’’ and insert ‘‘$661,000 for Mr. PORTER. We are very pleased the DeKalb County, Georgia light rail FEDERAL RAILROAD ADMINISTRATION with the success of these new drugs, project;’’. EMERGENCY RAILROAD REHABILITATION AND and I can assure the gentlewoman that SEC. 502. In Section 325 of Title III of Pub- REPAIR lic Law 104–205, strike ‘‘That in addition to the AIDS Drug Assistance Program, For necessary expenses to repair and re- amounts otherwise provided in this Act, not which is part of the Ryan White pro- build freight rail lines of regional and short to exceed $3,100,000 in expenses of the Bureau gram, has broad bipartisan support. As line railroads damaged as a result of the of Transportation Statistics necessary to an indication of this support, I would floods in the northern plains States in the conduct activities related to airline statis- note that the Congress provided $239 spring of 1997, $10,000,000, to be awarded sub- tics may be incurred, but only to the extent million, or more than a 30 percent in- ject to the discretion of the Secretary on a such expenses are offset by user fees charged crease, for all Ryan White activities in case-by-case basis: Provided, That funds pro- for those activities and credited as offsetting 1997. For the ADAP program specifi- vided under this head shall be available for collections.’’. cally we provided a $115 million in- rehabilitation of railroad rights-of-way SEC. 503. Section 410(j) of title 23, United which are part of the general railroad system States Code, is amended by striking the pe- crease. The gentlewoman from Califor- of transportation, and primarily used by riod after ‘‘1997’’ and inserting ‘‘, and an ad- nia was instrumental in helping secure railroads to move freight traffic: Provided ditional $500,000 for fiscal year 1997.’’. these increases. further, That railroad rights-of-way owned by SEC. 504. Section 30308(a) of title 49, United Ms. PELOSI. I thank the chairman. class I railroads, passenger railroads, or by States Code, is amended by striking ‘‘and The chairman is to be commended for tourist, scenic, or historic railroads are not 1996’’ and inserting ‘‘, 1996, and 1997’’. his strong support of the Ryan White eligible for funding under this section: Pro- CHAPTER 6 vided further, That these funds shall be avail- program and for providing important UNITED STATES POSTAL SERVICE resources to make these new drugs able only to the extent an official budget re- PAYMENTS TO THE POSTAL SERVICE available for people with HIV. quest, for a specific dollar amount, that in- This is an emergency. Due to the cludes designation of the entire amount as PAYMENT TO THE POSTAL SERVICE FUND great success of and demand for the an emergency requirement as defined in the For an additional amount for the Postal Balanced Budget and Emergency Deficit new drugs, State AIDS directors are Service Fund for revenue foregone on free Control Act of 1985, as amended, is transmit- and reduced rate mail, $5,300,000. predicting a shortfall of $68 million for ted by the President to the Congress: Pro- AMENDMENT OFFERED BY MRS. MALONEY OF the remainder of this fiscal year. It is vided further, That the entire amount is des- NEW YORK my understanding that this shortfall ignated by Congress as an emergency re- has also been documented by HHS. quirement pursuant to section 251(b)(2)(D)(i) Mrs. MALONEY of New York. Mr. Nationally the ADAP programs have of the Balanced Budget and Emergency Defi- Chairman, I offer an amendment. reported a 77 percent increase in cli- cit Control Act of 1985, as amended: Provided The Clerk read as follows: ents since January of 1996. These pro- further, That all funds made available under Amendment offered by Mrs. MALONEY of grams are collectively averaging ap- this head are to remain available until Sep- New York: tember 30, 1997. proximately 1,000 new clients each Page 24, after line 7, insert the following: month. Program costs are increasing RELATED AGENCY INDEPENDENT AGENCIES to accommodate the reimbursement of NATIONAL TRANSPORTATION SAFETY BOARD FEDERAL ELECTION COMMISSION combination drug therapies which are SALARIES AND EXPENSES SALARIES AND EXPENSES becoming the standard of care. For an additional amount for ‘‘Salaries For an additional amount for necessary ex- Mr. Chairman, without an additional and Expenses’’, for emergency expenses re- penses to carry out the provisions of the $68 million for the remainder of this sulting from the crashes of TWA Flight 800 Federal Election Campaign Act of 1971, as fiscal year, the AIDS drug program will and ValuJet 592, and for assistance to fami- amended, $1,700,000: Provided, That $782,500 of lies of victims of aviation accidents as au- not be able to respond to the imme- these funds shall remain available until Sep- thorized by Public Law 105–265, $23,300,000, of tember 30, 1998. diate health threat to thousands of which $4,877,000 shall remain available until HIV-infected Americans. In the State expended: Provided, That these funds shall be Mrs. MALONEY of New York (during of Mississippi, for example, 660 people available only to the extent an official budg- the reading). Mr. Chairman, I ask will be cut off the program in the next et request, for a specific dollar amount, that unanimous consent that the amend- week because of increased demands and includes designation of the entire amount as ment be considered as read and printed the costs of providing new drugs. Cali- an emergency requirement as defined in the in the RECORD. fornia is projecting a need of $6 million Balanced Budget and Emergency Deficit The CHAIRMAN pro tempore. Is to continue the drug assistance pro- Control Act of 1985, as amended, is transmit- there objection to the request of the ted by the President to the Congress: Pro- gentlewoman from New York? gram uninterrupted through the end of vided further, That the entire amount is des- the fiscal year. Florida and several ignated by Congress as an emergency re- There was no objection. other States also face major problems. quirement pursuant to section 251(b)(2)(D)(i) Mr. LIVINGSTON. Mr. Chairman, I Unfortunately, the rules available of the Balanced Budget and Emergency Defi- reserve a point of order on the gentle- under the supplemental bill before us cit Control Act of 1985, as amended: Provided woman’s amendment. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2757 The CHAIRMAN pro tempore. The Mrs. MALONEY of New York. I yield tion, and is not in order. Under clause gentleman reserves a point of order. to the gentleman from Maryland. 2 of rule XXI, the gentlewoman has the Mrs. MALONEY of New York. Mr. Mr. HOYER. Mr. Chairman, I rise in burden of proving the authorization for Chairman, my amendment restores the agreement with the gentlewoman’s the amendment. The gentlewoman has $1.7 million which the Federal Election premise that the $1.7 million ought to failed to prove the authorization. The Commission says it needs to inves- be included and frankly ought to be in- point of order is sustained. tigate the high number of pending cluded without restriction. Unfortu- The Clerk will read. cases from the 1996 election cycle. nately, of course, the Committee on The Clerk read as follows: Last night the Republican leadership Rules, as I understand the rules, by COUNTER-TERRORISM AND DRUG LAW ruled the bipartisan amendment I of- adoption of the rule struck that as the ENFORCEMENT fered with the gentleman from Con- gentlewoman has observed, but in fact DEPARTMENT OF THE TREASURY necticut [Mr. SHAYS], the gentleman the FEC does in fact need additional UNITED STATES CUSTOMS SERVICE from Massachusetts [Mr. MEEHAN] and resources in order to check what every- the gentlewoman from New Jersey SALARIES AND EXPENSES body in this country knows is a real Of the funds made available under this [Mrs. ROUKEMA] to restore this funding problem. Both sides of the aisle are heading in Public Law 104–208, $16,000,000 out of order because the chairman of talking about how campaign funds shall be available until September 30, 1998 to the Committee on Rules said it was, were raised, how campaign funds are develop further the Automated Targeting quote, not an emergency. But let us spent, and of course this is the very System. look at some of the things that are in agency that we have asked to check on GENERAL PROVISIONS, CHAPTER 6 the bill that are recognized as emer- this for the American public and to dis- SEC. 601. CLARIFYING CONGRESSIONAL IN- gencies. close it. TENT RESPECTING PROCUREMENT OF DISTINC- There is $10 million to the National TIVE CURRENCY PAPER.—In fiscal year 1997 Park Service to implement the Yosem- The fact of the matter is now cutting this money undercuts what frankly an and thereafter— ite Valley transportation plan. There is (1) for the purposes of section 622(a) of Pub- $37.1 million for road and trail mainte- awful lot of our colleagues say they lic Law 100–202, a corporation or other entity nance for the National Forest Service want done, and that is to see how shall be not deemed to be owned or con- that the committee report does not say money was raised, how it was spent and trolled by persons not citizens of the United is associated with Western flooding or was it done pursuant to law. I thank States, if— disaster relief, yet this bill recognizes the gentlewoman from New York for (A) that corporation or entity is created it as an emergency. Then there is $2.5 her point. under the laws of the United States or any one of its States or other territories and pos- million to pay for digital mapping in Mrs. MALONEY of New York. Mr. Chairman, I thank the gentleman from sessions; and the San Joaquin Valley. (B) more than 50 percent of that corpora- I think that the American people be- Maryland, and I appreciate the point tion or entity is held by United States citi- lieve investigating charges of corrup- that he made. The Federal Elections zens; and tion and abuse in our elections are just Commission is the only agency, it is (2) the Secretary of the Treasury shall use as important, much more important nonpartisan, it is an independent agen- the authority provided under Federal Acqui- and much more of an emergency than cy, and it is charged to conduct inves- sition Regulation, Part 45.302.1(c) and Part some of the things that are in this bill. tigations. They have a large surplus, a 45.302.1(a)(4) to induce competition, to a level The Federal Election Commission backload of charges of investigations the Secretary determines is appropriate, has asked for $1.7 million to conduct that need to be looked into, and yet among those desiring to provide distinctive currency paper to the United States. investigations into 1996 pending elec- the money has not been allocated, yet tion abuses. The Committee on Appro- this same party, the Republican leader- CHAPTER 7 priations granted the money but said ship, allocated $12 to $15 million for a DEPARTMENT OF VETERANS AFFAIRS VETERANS BENEFITS ADMINISTRATION that the Federal Election Commission partisan probe in the Committee on could only use it for computers. In Government Reform and Oversight. COMPENSATION AND PENSIONS other words, they fenced it in so that Mr. Chairman, I believe this is an im- For an additional amount for ‘‘Compensa- they could not use it for investigators portant amendment, and I hope that tion and pensions’’, $753,000,000, to remain available until expended. but only for computers. Then the Com- my colleagues will support it. ADMINISTRATIVE PROVISION mittee on Rules totally stripped the POINT OF ORDER funding out altogether. First they gave Mr. LIVINGSTON. Mr. Chairman, I The Secretary of Veterans Affairs may carry out the construction of a multi-story it, then they limited it, and now they have a point of order. are taking it away. parking garage at the Department of Veter- The CHAIRMAN. The gentleman will ans Affairs medical center in Cleveland, Meanwhile, the Federal Election state it. Commission’s caseload has increased Ohio, in the amount of $12,300,000, and there Mr. LIVINGSTON. Mr. Chairman, I is authorized to be appropriated for fiscal by one third but there is no more fund- make a point of order against the year 1997 for the Parking Revolving Fund ac- ing for them. With 285 cases pending, amendment because it provides an ap- count, a total of $12,300,000 for this project. some of them the most complex cases propriation for an unauthorized pro- POINT OF ORDER the commission has ever seen, the Fed- gram and therefore violates clause 2 of Mr. STUMP. Mr. Chairman, I make a eral Election Commission will not be rule XXI. Clause 2 of rule XXI states in point of order against the bill. able to pursue all of these violations. pertinent part no appropriations shall The CHAIRMAN. The gentleman will Yet this is the same Congress that is be reported in any general appropria- state his point of order. spending $12 to $15 million for just one Mr. STUMP. Mr. Chairman, I make a committee’s investigations, the Com- tion bill or be in order as an amend- point of order that the language on mittee on Government Reform and ment thereto for any expenditure not page 26 of the bill, administrative pro- Oversight, while the only agency that previously authorized by law. can do a nonpartisan probe of the con- Mr. Chairman, the authorization for visions under Department of Veterans troversial problems that have been this program has not been assigned Affairs, lines 8 through 15, violates charged in election abuses, they are into law. The amendment, therefore, clause 2 of rule XXI, constitutes au- being shortchanged and not being given violates clause 2 of rule XXI, and I ask thorizing legislation in an appropria- any money to conduct these investiga- for a ruling from the chair. tion bill. tions. The CHAIRMAN. Does the gentle- The CHAIRMAN. Is there anyone else I feel that we should fund the com- woman from New York wish to speak who would like to speak to the point of mittee. The money was in the budget, to the point of order? order? the Committee on Appropriations ap- Mrs. MALONEY of New York. The If not, pursuant to clause 2 of rule propriated it, and then the Committee Committee on Appropriations appro- XXI, the paragraph constitutes legisla- on Rules removed it. priated the money, and the Committee tion on an appropriation bill authoriz- on Rules removed it, and I disagree ing certain construction. b 1830 with the gentleman’s point of order. The point of order is sustained. Mr. HOYER. Mr. Chairman, will the The CHAIRMAN. The amendment The Clerk will read. gentlewoman yield? proposed is an unauthorized appropria- The Clerk read as follows: H2758 CONGRESSIONAL RECORD — HOUSE May 15, 1997 DEPARTMENT OF HOUSING AND URBAN priated, the EPA is authorized beginning in I urge adoption of my amendment. DEVELOPMENT HOUSING PROGRAMS fiscal year 1997 to make grants to the City of The CHAIRMAN. The question is on PRESERVING EXISTING HOUSING INVESTMENT Bay City, Michigan, for the purpose of EPA- the amendment offered by the gen- approved environmental remediation and re- For an additional amount for ‘‘Preserving tleman from Michigan [Mr. BARCIA]. habilitation of publicly owned real property existing housing investment’’, to be made included in the boundaries of the CERT The amendment was agreed to. available for use in conjunction with prop- project. The CHAIRMAN. The Clerk will read. erties that are eligible for assistance under The Clerk read as follows: the Low-Income Housing Preservation and Mr. LIVINGSTON (during the read- Resident Homeownership Act of 1990 or the ing). Mr. Chairman, I ask unanimous SALARIES AND EXPENSES Emergency Low Income Housing Preserva- consent that the remainder of the For an additional amount for ‘‘Salaries tion Act of 1987, $3,500,000, to remain avail- amendment be considered as read and and Expenses’’, $5,000,000. able until expended: Provided, That up to printed in the RECORD. NATIONAL FLOOD INSURANCE FUND such amount shall be for a project in Syra- The CHAIRMAN. Is there objection In the case only of new contracts for flood cuse, New York, the processing for which to the request of the gentleman from insurance coverage under the National Flood was suspended, deferred or interrupted for a Insurance Act of 1968 entered into during the period of nine months or more because of dif- Louisiana? There was no objection. period beginning on January 1, 1997, and end- fering interpretations, by the Secretary of ing on June 30, 1997, and any modifications Housing and Urban Development and an (Mr. BARCIA asked and was given permission to revise and extend his re- to coverage under existing contracts made owner, concerning the timing of the ability during such period, section 1306(c)(1) of such of an uninsured section 236 property to pre- marks.) Mr. BARCIA. Mr. Chairman, this is Act (42 U.S.C. 4013(c)(1)) shall be applied by pay, or by the Secretary and a State rent substituting ‘‘15-day period’’ for ‘‘30-day pe- regulatory agency concerning the effect of a an amendment which has been cleared riod’’. presumptively applicable State rent control with the chairman and ranking mem- law or regulation on the determination of AMENDMENT NO. 19 OFFERED BY MR. KENNEDY ber of the Subcommittee on VA, HUD OF MASSACHUSETTS preservation value under section 213 of such and Independent Agencies, the distin- Act, if the owner of such project filed a no- Mr. KENNEDY of Massachusetts. Mr. guished gentleman from California tice of intent to extend the low-income af- Chairman, I offer an amendment. EWIS] and the distinguished gen- fordability restrictions of the housing on or [Mr. L The CHAIRMAN. The Clerk will des- tleman from Ohio [Mr. STOKES], and I before August 23, 1993, and the Secretary ap- ignate the amendment. want to thank them for the fine spirit proved the plan of action on or before July The text of the amendment is as fol- 25, 1996. of bipartisan cooperation in supporting lows: DRUG ELIMINATION GRANTS FOR LOW-INCOME this amendment which has also en- Amendment No. 19 offered by Mr. KENNEDY HOUSING joyed the support of the Environmental of Massachusetts: (INCLUDING TRANSFER OF FUNDS) Protection Agency and the Office of CHAPTER 7A For an additional amount for ‘‘Drug Elimi- Management and Budget. nation Grants for Low-Income Housing’’ for Mr. Chairman, I rise in support of my DEPARTMENT OF HEALTH AND HUMAN activities authorized under 42 U.S.C. 11921–25, amendment to provide additional authority to SERVICES $30,200,000, to remain available until ex- the Environmental Protection Agency to grant NATIONAL INSTITUTES OF HEALTH pended, and to be derived by transfer from unobligated balances from funds previously NATIONAL INSTITUTE ON ALCOHOL ABUSE AND the Homeownership and Opportunity for appropriated for the construction of the Center ALCOHOLISM People Everywhere Grants account. for Environmental Research and Training to (INCLUDING TRANSFER OF FUNDS) INDEPENDENT AGENCIES FEDERAL the city of Bay City for EPA approved environ- For an additional amount for ‘‘National In- EMERGENCY MANAGEMENT AGENCY mental remediation and rehabilitation of pub- stitute on Alcohol Abuse and Alcoholism’’, DISASTER RELIEF licly owned property within the boundaries of $2,000,000, to be derived by transfer from the For an additional amount for ‘‘Disaster the original CERT project. amount provided in this Act for ‘‘Federal Relief’’, $3,567,677,000 to remain available This language has been agreed to by EPA Emergency Management Agency—Disaster until expended: Provided, That $2,387,677,000 Relief’’. shall become available for obligation on Sep- and the Office of Management and Budget, and reflects the continuation of an agreement Mr. KENNEDY of Massachusetts tember 30, 1997: Provided further, That the en- (during the reading). Mr. Chairman, I tire amount is designated by Congress as an we all reached over a year ago to allow Bay emergency requirement pursuant to section City to clean up its land so that it can be put ask unanimous consent that the 251(b)(2)(D)(i) of the Balanced Budget and to other uses. Authority had been provided as amendment be considered as read. Emergency Deficit Control Act of 1985, as part of the fiscal 1996 EPA appropriation, but The CHAIRMAN. Is there objection amended. it was after the end of that fiscal year that to the request of the gentleman from AMENDMENT OFFERED BY MR. BARCIA EPA determined that additional balances Massachusetts? Mr. BARCIA. Mr. Chairman, I offer would be available after the settlement of all There was no objection. an amendment and I ask unanimous claims against it for expenses arising out of Mr. LIVINGSTON. Mr. Chairman, I consent that the amendment be consid- the CERT project. reserve a point of order on the gentle- ered as read. Mr. Chairman, the city of Bay City had at- man’s amendment. Mr. LIVINGSTON. I object, Mr. tempted to be the best neighbor possible for The CHAIRMAN. The gentleman Chairman, because I do not know what EPA while the CERT project was being de- from Louisiana reserves a point of the amendment is. signed. Community and business leaders had order. The CHAIRMAN. Objection is heard. established a good working relationship, and Mr. KENNEDY of Massachusetts. Mr. The Clerk will read. even EPA Administrator Browner in a visit to Chairman, this amendment is really The Clerk read as follows: Bay City acknowledged the rapport that had very simple. It asks for $2 million for Amendment offered by Mr. Barcia: been established between the city and the the National Institute of Alcohol Page 28, after line 1, insert the following: EPA. Abuse and Alcoholism to fund studies ENVIRONMENTAL PROTECTION AGENCY It is only right that the best of intentions, the to examine the effects of the electronic BUILDINGS AND FACILITIES vest of cooperation, be followed with the best media advertising of all forms of alco- hol, including beer, wine and distilled From the amounts appropriated under this of responsible action to allow Bay City to at heading in prior appropriation Acts for the least realize a portion of the dream that the spirits, on underage persons. Center for Ecology Research and Training CERT project had offered by cleaning up this The truth of the matter is that we (CERT), the Environmental Protection area. now have a situation in America where Agency (EPA) shall, after the closing of the The Senate has already included virtually the No. 1 killer of people under the age period for filing CERT-related claims pursu- identical language in this bill, and I have of 24 in the United States today is alco- ant to the Uniform Relocation Assistance cleared the amendment with both the Chair- hol abuse. It kills 5 times as many peo- and Real Property Acquisition Policies Act man of the VA±HUD Subcommittee, Mr. ple as all other illegal drugs combined. of 1970 (42 U.S.C. 4601 et seq.), obligate the We have a war on drugs in America maximum amount of funds necessary to set- LEWIS, and the ranking minority Member, Mr. tle all outstanding CERT-related claims STOKES. I want to offer my thanks to them per- where we spend $15 billion a year of against the EPA pursuant to such Act. To sonally and to their staffs for the assistance taxpayers’ moneys in order to fight a the extent that unobligated balances then they have provided to me and my office while war on drugs, and yet at the same time remain from such amounts previously appro- this issue has been worked out. we allow billions of dollars to be spent May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2759 advertising the most abused drug in The CHAIRMAN. Is there objection DEPARTMENT OF COMMERCE America. to the request of the gentleman from NATIONAL INSTITUTE OF STANDARDS AND Now some people do not consider al- Massachusetts? TECHNOLOGY cohol a drug, but the truth of the fact There was no objection. INDUSTRIAL TECHNOLOGY SERVICES is that it kills more people, it puts The CHAIRMAN. The amendment of- (RESCISSION) more people into situations where they fered by the gentleman from Massachu- Of the unobligated balances available are completely disoriented, and we see setts is withdrawn. under this heading for the Advanced Tech- now new studies that show us that 80 The CHAIRMAN. The Clerk will read. nology Program, $7,000,000 are rescinded. or 90 percent of all assaults in univer- The Clerk read as follows: NATIONAL OCEANIC AND ATMOSPHERIC sities, 80 or 90 percent of all rapes at CHAPTER 8 ADMINISTRATION universities are all committed when OFFSETS AND RESCISSIONS FLEET MODERNIZATION, SHIPBUILDING AND people are, in fact, completely drunk. CONVERSION DEPARTMENT OF AGRICULTURE Mr. Chairman, what we are trying to (RESCISSION) OFFICE OF THE SECRETARY do is recognize that as we have held a Of the unobligated balances available 48-year ban, one of the, I think, most FUND FOR RURAL AMERICA under this heading, $2,000,000 are rescinded. greatest demonstrations of corporate Of the funds provided on January 1, 1997 for RELATED AGENCIES section 793 of Public Law 104–127, Fund for responsibility in America, a 48-year FEDERAL COMMUNICATIONS COMMISSION Rural America, not more than $80,000,000 ban on hard liquor advertising that has SALARIES AND EXPENSES been kept in place on a voluntary basis shall be available: Provided, That in addition to activities described in subsections (c)(1) (RESCISSION) by the alcohol hard liquor industry, and (c)(2) of section 793, the Secretary may Of the unobligated balances available broken in these last few months; that use these funds for the Special Supplemental under this heading, $1,000,000 are rescinded. it is important for us to understand the Nutrition Program for Women, Infants, and OUNCE OF PREVENTION COUNCIL implications of that. I think the hard Children (WIC). (RESCISSION) liquor industry has a very legitimate NATURAL RESOURCES CONSERVATION Of the amounts made available under this point in that while they have held this SERVICE heading in Public Law 104–208, $1,000,000 are ban up, we have seen the beer and wine WETLANDS RESERVE PROGRAM rescinded, industry grow substantially in terms of Of the funds made available in Public Law DEPARTMENT OF ENERGY the amount that they are advertising 104–37 for the Wetlands Reserve Program, ENERGY PROGRAMS on television and in terms of the mar- $19,000,000 may not be obligated: Provided, ket share that they have captured. That none of the funds made available in ENERGY SUPPLY, RESEARCH AND DEVELOPMENT But I do not believe the answer, be- Public Law 104–37 for this account may be ACTIVITIES cause of this particular issue, is to obligated after September 30, 1997. (RESCISSION) therefore lower the bar on advertising, FOOD AND CONSUMER SERVICE Of the funds made available under this heading in Public Law 104–206 and prior so to speak, and have everybody out THE EMERGENCY FOOD ASSISTANCE PROGRAM there advertising, particularly on years’ Energy and Water Development Ap- Notwithstanding section 27(a) of the Food propriations Acts, $22,532,000 are rescinded. shows that we have seen, as I saw just Stamp Act, the amount specified for alloca- DEPARTMENT OF ENERGY a few weeks ago, on cartoons on Satur- tion under such section for fiscal year 1997 day morning that my children were shall be $80,000,000. CLEAN COAL TECHNOLOGY watching as beer ads starting coming FOREIGN AGRICULTURAL SERVICE (RESCISSION) Of the funds made available under this on the television set. EXPORT CREDIT heading for obligation in fiscal year 1997 or Mr. LIVINGSTON. Mr. Chairman, None of the funds made available in the will the gentleman yield? prior years, $17,000,000 are rescinded: Pro- Agriculture, Rural Development, Food and vided, That funds made available in previous Mr. KENNEDY of Massachusetts. I Drug Administration, and Related Agencies yield to the gentleman from Louisiana. appropriations Acts shall be available for Appropriations Act, 1997, Public Law 104–180, any ongoing project regardless of the sepa- Mr. LIVINGSTON. Mr. Chairman, I may be used to pay the salaries and expenses rate request for proposal under which the would tell the gentleman from Massa- of personnel to carry out a combined pro- project was selected. chusetts that I am constrained to press gram for export credit guarantees, supplier STRATEGIC PETROLEUM RESERVE the point of order. However, I under- credit guarantees, and emerging democracies stand the gentleman has had discus- facilities guarantees at a level which exceeds (RESCISSION) sions with the chairman of the Sub- $3,500,000,000. Of the funds made available under this EXPORT ENHANCEMENT PROGRAM heading in previous appropriations Acts, committee on Labor, Health and $11,000,000 are rescinded. Human Services, and Education, the None of the funds appropriated or other- DEPARTMENT OF TRANSPORTATION gentleman from Illinois [Mr. PORTER], wise made available in Public Law 104–180 FEDERAL AVIATION ADMINISTRATION and I would advise the gentleman that shall be used to pay the salaries and ex- penses of personnel to carry out an export should he withdraw his amendment at GRANTS-IN-AID FOR AIRPORTS enhancement program if the aggregate (AIRPORT AND AIRWAY TRUST FUND) this time, Mr. PORTER has advised that amount of funds and/or commodities under (RESCISSION OF CONTRACT AUTHORIZATION) he would entertain further action on such program exceeds $10,000,000. Of the unobligated balances authorized this matter in the 1998 appropriations DEPARTMENT OF JUSTICE supplement. under section 14 of Public Law 91–258 as GENERAL ADMINISTRATION Mr. KENNEDY of Massachusetts. Mr. amended, $750,000,000 are rescinded. Chairman, I very much appreciate the WORKING CAPITAL FUND POINT OF ORDER gentleman’s willingness to work with (RESCISSION) Mr. BACHUS. Mr. Chairman, I raise a us, and the gentleman from Illinois Of the unobligated balances available point of order. [Mr. PORTER] has been one of the great under this heading, $6,400,000 are rescinded. The CHAIRMAN. The gentleman will leaders on this issue over the years and LEGAL ACTIVITIES state his point of order. has worked in the House, and I very ASSETS FORFEITURE FUND Mr. BACHUS. Mr. Chairman, I raise a much appreciate the process by which (RESCISSION) point of order against the paragraph on this on a technical basis might have Of the amounts made available to the At- page 33 lines 14 through 21. I also want been ruled out of order this evening, torney General on October 1, 1996, from sur- to advise the Chair I will be raising but because of the leadership that the plus balances declared in prior years pursu- points of order, three more points of chairman has shown, and I hope his ant to 28 U.S.C. 524(c), authority to obligate order, against the paragraphs which support for this issue, and the leader- $3,000,000 of such funds in fiscal year 1997 is follow this paragraph. ship that Chairman PORTER has shown, rescinded. Mr. Chairman, I raise a point of order that we will in fact get the funding IMMIGRATION AND NATURALIZATION SERVICE against this paragraph in that this pro- necessary to achieve this study in the CONSTRUCTION vision violates clause 2 of rule XXI be- coming fiscal year. (RESCISSION) cause it rescinds $750 million in airport On that basis, Mr. Chairman, I ask Of the unobligated balances under this and airway trust fund contract author- unanimous consent to withdraw my heading from amounts made available in ity, not general fund appropriations for amendment. Public Law 103–317, $1,000,000 are rescinded. aviation projects. H2760 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Airport and airway trust fund con- NATIONAL HIGHWAY TRAFFIC SAFETY PARLIAMENTARY INQUIRY tract authority, as with highway au- ADMINISTRATION Mr. BACHUS. Mr. Chairman, par- thority, which my next three points of HIGHWAY TRAFFIC SAFETY GRANTS liamentary inquiry. order will deal with, while a form of di- (HIGHWAY TRUST FUND) The CHAIRMAN. The gentleman will rect spending, is legislative in nature, (RESCISSION OF CONTRACT AUTHORIZATION) state it. and rescinding such authority is not Of the available contract authority bal- Mr. BACHUS. Mr. Chairman, I have a within the jurisdiction of the Commit- ances under this heading, $13,000,000 are re- point of order before the committee. tee on Appropriations but of the Com- scinded. The CHAIRMAN. The point of order mittee on Transportation and Infra- POINT OF ORDER of the gentleman from Alabama was structure. Mr. BACHUS. Mr. Chairman, I raise a conceded and sustained. This rescission constitutes legisla- point of order. Mr. BACHUS. On all four points? tion on an appropriation bill and clear- The CHAIRMAN. The gentleman The CHAIRMAN. On all four para- ly violates House rule XXI. from Alabama [Mr. BACHUS] will state graphs, that is correct. his point of order. Mr. BACHUS. All right. I thank the b 1845 Mr. BACHUS. Mr. Chairman, this Chairman. This rescission constitutes legisla- provision violates rule XXI, and I SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE tion on an appropriations bill and would raise a point of order in that it clearly violates House rules. deals with the Highway Trust Fund, The CHAIRMAN. Pursuant to the The CHAIRMAN. Does the chairman whose jurisdiction to rescind contract rule, proceedings will now resume on of the committee wish to be heard on authority is clearly within the Com- those amendments on which proceed- the point of order? mittee on Transportation and Infra- ings were postponed in the following Mr. LIVINGSTON. I would, Mr. structure, not the Committee on Ap- order: Chairman. propriations. Amendment No. 8 offered by the gen- I would concede the point of order. I will say, as to this point of order tleman from Florida [Mr. DIAZ- The gentleman is well within his rights and to the next two which I will raise, BALART]; Amendment No. 7 offered by to assert the point of order. I only that the Committee on Transportation the gentleman from Pennsylvania [Mr. would say in addition, though, that I and Infrastructure would be glad to GEKAS]. regret that he sees fit to assert this work with the Committee on Appro- AMENDMENT NO. 8 OFFERED BY MR. DIAZ- point of order, because in fact what it priations at a future date. BALART I renew my point of order. does is to strike $1.7 billion in the re- The CHAIRMAN. The pending busi- The CHAIRMAN. The gentleman’s scissions in this bill, which leaves the ness is the demand for a recorded vote point of order has been insisted on. bill exposed. on the amendment offered by the gen- The CHAIRMAN. Does the gentleman We have made it a point since Janu- tleman from Florida [Mr. DIAZ- from Louisiana [Mr. LIVINGSTON] wish ary 1, 1994 to offset all increases in ap- BALART] on which further proceedings to be heard on the point of order? propriations with rescissions. This $1.7 were postponed and on which the ayes Mr. LIVINGSTON. Mr. Chairman, I billion was part of the total package prevailed by voice vote. would make the same comments to all that offset the additional spending in The Clerk will redesignate the of the gentleman’s points of order. this bill, and I know that this will lead amendment. THE CHAIRMAN. The gentleman’s to additional amendments to strike The Clerk redesignated the amend- point of order is conceded and sus- provisions of this bill, which could lead ment. tained. to reductions in disaster relief. I regret RECORDED VOTE Mr. LIVINGSTON. Mr. Chairman, I that. I think that is unfortunate. The CHAIRMAN. A recorded vote has understand it is a package deal, and I Frankly, I had hoped that this point been demanded. ask unanimous consent that the re- of order would not be lodged, but it has A recorded vote was ordered. maining points of order all be consid- been lodged and there is nothing I can The vote was taken by electronic de- ered en bloc. do about it. vice, and there were—ayes 345, noes 74, The CHAIRMAN. Is there objection The CHAIRMAN. The point of order not voting 14, as follows: to the request of the gentleman from is conceded and sustained. The para- [Roll No. 133] Louisiana? graph is stricken. There was no objection. AYES—345 Mr. BACHUS. Mr. Chairman, I raise a The Clerk will read the next 2 para- Abercrombie Callahan Diaz-Balart point of order. Ackerman Calvert Dicks graphs. The CHAIRMAN. The gentleman will Allen Camp Dingell The Clerk read as follows: state it. Archer Campbell Dixon FEDERAL TRANSIT ADMINISTRATION Baesler Canady Doggett Mr. BACHUS. Mr. Chairman, I raise a Baker Capps Dooley point of order against page 34, lines 1 TRUST FUND SHARE OF EXPENSES Baldacci Cardin Doolittle through 6. (HIGHWAY TRUST FUND) Ballenger Carson Doyle Barcia Castle Dreier The provision violates rule XXI in (RESCISSION OF CONTRACT AUTHORIZATION) Barrett (NE) Chenoweth Duncan that it is an appropriation and should Of the available balances of contract au- Barrett (WI) Clay Dunn be under the purview of the authoriza- thority under this heading, $271,000,000 are Bartlett Clayton Edwards rescinded. Bateman Clement Ehlers tion committee, the Committee on Becerra Clyburn Ehrlich Transportation and Infrastructure. DISCRETIONARY GRANTS Bentsen Conyers Engel The CHAIRMAN. The gentleman is a (HIGHWAY TRUST FUND) Berman Cook English little ahead of the Reading Clerk. The Berry Cooksey Ensign (RESCISSION OF CONTRACT AUTHORIZATION) Bilbray Costello Eshoo gentleman will withdraw until the Of the available balances of contract au- Bilirakis Cox Etheridge Clerk reads. thority under this heading, for fixed guide- Bishop Coyne Evans Mr. BACHUS. Mr. Chairman, if we way modernization and bus activities under Blagojevich Cramer Ewing 49 U.S.C. 5309(m) (A) and (C), $588,000,000 are Bliley Crane Farr have raised a point of order against the Blumenauer Cubin Fattah first paragraph, does it have to be read rescinded. Boehlert Cummings Fawell anyway? POINTS OF ORDER Bonilla Cunningham Fazio The CHAIRMAN. The lines the gen- Mr. BACHUS. Mr. Chairman, I raise a Bonior Danner Filner Bono Davis (FL) Flake tleman is raising a point of order point of order. Borski Davis (IL) Foglietta against have not been read. If the gen- The CHAIRMAN. The gentleman Boswell Davis (VA) Foley tleman would withhold, the gentle- from Alabama [Mr. BACHUS] has raised Boucher DeFazio Forbes Boyd DeGette Ford man’s right would certainly be pro- a point of order against both para- Brown (CA) Delahunt Fowler tected. graphs. Brown (FL) DeLauro Fox The Clerk will read. The points of order are conceded and Brown (OH) Dellums Frank (MA) The Clerk read as follows: sustained. Bunning Deutsch Franks (NJ) May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2761 Frelinghuysen Lofgren Rodriguez Packard Royce Shuster Duncan Kasich Riley Frost Lowey Roemer Parker Ryun Snowbarger Dunn Kelly Rogan Furse Lucas Rogan Paul Sanford Solomon Ehlers Kim Rohrabacher Gallegly Luther Ros-Lehtinen Paxon Scarborough Stump Ehrlich King (NY) Ros-Lehtinen Gejdenson Maloney (CT) Rothman Petri Schaefer, Dan Sununu Emerson Kingston Roukema Gekas Maloney (NY) Roukema Pickering Schaffer, Bob Taylor (MS) English Kleczka Royce Gephardt Manzullo Roybal-Allard Riley Sensenbrenner Thune Ensign Klug Ryun Gibbons Markey Rush Rogers Sessions Tiahrt Everett Kolbe Salmon Gilchrest Martinez Sabo Rohrabacher Shadegg Ewing LaHood Sanford Gillmor Mascara Salmon Fawell Largent Saxton Gilman Matsui Sanchez NOT VOTING—14 Foley Latham Scarborough Gonzalez McCarthy (MO) Sanders Andrews Jefferson Skelton Forbes LaTourette Schaefer, Dan Goodlatte McCarthy (NY) Sandlin Condit Manton Smith (MI) Fowler Lazio Schaffer, Bob Goodling McCollum Sawyer Crapo Molinari Velazquez Fox Leach Sensenbrenner Gordon McCrery Saxton Hefner Mollohan Watkins Franks (NJ) Lewis (KY) Sessions Goss McDade Schumer Istook Schiff Frelinghuysen Linder Shadegg Granger McDermott Scott Gallegly Lipinski Shaw Green McGovern Serrano b 1909 Ganske LoBiondo Shays Greenwood McHale Shaw Gekas Lucas Sherman Gutierrez McHugh Shays Mr. COMBEST changed his vote from Gibbons Manzullo Shimkus Hall (OH) McInnis Sherman ‘‘aye’’ to ‘‘no.’’ Gilchrest McCarthy (NY) Shuster Hamilton McIntosh Shimkus Mrs. KENNELLY and Messrs. Gillmor McCollum Skeen Harman McIntyre Sisisky Gilman McCrery Smith (MI) Hastert McKeon Skaggs GALLEGLY, SOUDER, and Gingrich McDade Smith (NJ) Hastings (FL) McKinney Skeen GOODLATTE changed their vote from Goode McHugh Smith (OR) Hastings (WA) McNulty Slaughter ‘‘no’’ to ‘‘aye.’’ Goodlatte McInnis Smith (TX) Hayworth Meehan Smith (NJ) Goodling McIntosh Smith, Linda Hill Meek Smith (OR) So the amendment was agreed to. Gordon McKeon Snowbarger Hilliard Menendez Smith (TX) The result of the vote was announced Goss Metcalf Solomon Hinchey Metcalf Smith, Adam as above recorded. Graham Mica Souder Hinojosa Mica Smith, Linda Granger Miller (FL) Spence PERSONAL EXPLANATION Hobson Millender- Snyder Greenwood Moran (KS) Stearns Hoekstra McDonald Souder Mr. SMITH of Michigan. Mr. Chairman, on Gutknecht Moran (VA) Stenholm Holden Miller (CA) Spence rollcall No. 133, I was unavoidably detained. Hall (TX) Morella Stump Hooley Minge Spratt Hansen Myrick Sununu Horn Mink Stabenow Had I been present, I would have voted ``yes.'' Hastert Neumann Talent Houghton Moakley Stark PERSONAL EXPLANATION Hastings (WA) Ney Tauzin Hoyer Moran (KS) Stearns Ms. VelaÂzquez. Mr. Chairman, I was un- Hayworth Northup Taylor (MS) Hunter Moran (VA) Stenholm Hefley Norwood Taylor (NC) Hyde Morella Stokes avoidably detained during rollcall vote No. Herger Nussle Thomas Jackson (IL) Murtha Strickland 133, the Diaz-Balart/Meek amendment. Hill Oxley Thornberry Jackson-Lee Myrick Stupak Had I been present, I would have voted Hilleary Pappas Tiahrt (TX) Nadler Talent Hobson Parker Traficant Jenkins Neal Tanner ``yes.'' Hoekstra Paxon Upton John Nethercutt Tauscher b Horn Pease Walsh Johnson (CT) Neumann Tauzin 2030 Hostettler Peterson (PA) Watts (OK) Taylor (NC) Hoyer Petri Weldon (FL) Johnson (WI) Ney PERSONAL EXPLANATION Johnson, E. B. Northup Thomas Hulshof Pickering Weldon (PA) Kanjorski Oberstar Thompson Mr. ISTOOK. Mr. Chairman, I was absent at Hunter Pitts Weller Kaptur Obey Thornberry rollcall vote 133. Had I been present, I would Hutchinson Pombo White Kasich Olver Thurman have voted ``no.'' Hyde Porter Whitfield Kelly Ortiz Tierney Inglis Portman Wicker Kennedy (MA) Owens Torres AMENDMENT NO. 7 OFFERED BY MR. GEKAS Istook Pryce (OH) Wolf Kennedy (RI) Oxley Towns The CHAIRMAN. The pending busi- Jenkins Quinn Wynn Kennelly Pallone Traficant ness is the demand for a recorded vote Johnson (CT) Radanovich Young (AK) Kildee Pappas Turner Johnson, Sam Regula Young (FL) Kilpatrick Pascrell Upton on the amendment offered by the gen- Jones Riggs Kim Pastor Vento tleman from Pennsylvania [Mr. GEKAS] NOES—197 Kind (WI) Payne Visclosky on which further proceedings were King (NY) Pease Walsh Abercrombie Delahunt Jackson-Lee Kleczka Pelosi Wamp postponed and on which the ayes pre- Ackerman DeLauro (TX) Klink Peterson (MN) Waters vailed by voice vote. Aderholt Dellums John Klug Peterson (PA) Watt (NC) The Clerk will redesignate the Allen Deutsch Johnson (WI) Knollenberg Pickett Watts (OK) amendment. Baesler Dicks Johnson, E. B. Kolbe Pitts Waxman Baldacci Dingell Kanjorski Kucinich Pombo Weldon (FL) The Clerk redesignated the amend- Barcia Dixon Kaptur LaFalce Pomeroy Weldon (PA) ment. Barrett (NE) Dooley Kennedy (MA) LaHood Porter Weller Barrett (WI) Doyle Kennedy (RI) Lampson Portman Wexler RECORDED VOTE Becerra Edwards Kennelly Lantos Poshard Weygand Bentsen Engel Kildee White LaTourette Price (NC) The CHAIRMAN. A recorded vote has Berman Eshoo Kilpatrick Whitfield Lazio Pryce (OH) been demanded. Berry Etheridge Kind (WI) Wicker Leach Quinn Blagojevich Evans Klink Wise A recorded vote was ordered. Levin Radanovich Blumenauer Farr Knollenberg Lewis (CA) Rahall Wolf The vote was taken by electronic de- Bonior Fattah Kucinich Lewis (GA) Ramstad Woolsey Borski LaFalce vice, and there were—ayes 227, noes 197, Fazio Lewis (KY) Rangel Wynn Boswell Lampson not voting 10, as follows: Filner Linder Regula Yates Boucher Lantos Flake Lipinski Reyes Young (AK) [Roll No. 134] Boyd Levin Foglietta Livingston Riggs Young (FL) Brown (CA) Lewis (CA) AYES—227 Ford LoBiondo Rivers Brown (FL) Lewis (GA) Archer Bono Coburn Brown (OH) Frank (MA) Livingston Armey Brady Collins Callahan Frost Lofgren NOES—74 Bachus Bryant Combest Capps Furse Lowey Aderholt Chambliss Hansen Baker Bunning Cook Carson Gejdenson Luther Armey Christensen Hefley Ballenger Burr Cooksey Clay Gephardt Maloney (CT) Bachus Coble Herger Barr Burton Cox Clayton Gonzalez Maloney (NY) Barr Coburn Hilleary Bartlett Buyer Crane Clement Green Markey Barton Collins Hostettler Barton Calvert Crapo Clyburn Gutierrez Martinez Bass Combest Hulshof Bass Camp Cubin Condit Hall (OH) Mascara Bereuter Deal Hutchinson Bateman Campbell Cummings Conyers Hamilton Matsui Blunt DeLay Inglis Bereuter Canady Cunningham Costello Harman McCarthy (MO) Boehner Dickey Johnson, Sam Bilbray Cannon Davis (VA) Coyne Hastings (FL) McDermott Brady Emerson Jones Bilirakis Cardin Deal Cramer Hilliard McGovern Bryant Everett Kingston Bishop Castle DeLay Danner Hinchey McHale Burr Ganske Largent Bliley Chabot Diaz-Balart Davis (FL) Holden McIntyre Burton Goode Latham Blunt Chambliss Dickey Davis (IL) Hooley McKinney Buyer Graham Miller (FL) Boehlert Chenoweth Doggett DeFazio Houghton McNulty Cannon Gutknecht Norwood Boehner Christensen Doolittle DeGette Jackson (IL) Meehan Chabot Hall (TX) Nussle Bonilla Coble Dreier H2762 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Meek Poshard Stabenow housing certificate and housing voucher pro- tive Death Penalty Act of 1996 which Menendez Price (NC) Stark grams (42 U.S.C. 1437f and 1437f(o) respec- Millender- Rahall Stokes was signed into law by the President tively): Provided further, That the foregoing on April 24 of last year. I think this is McDonald Ramstad Strickland recaptures shall be from amounts in the an- Miller (CA) Rangel Stupak nual contributions contract (ACC) reserve a good amendment, and I urge its adop- Minge Reyes Tanner tion. Mink Rivers Tauscher accounts established and maintained by Moakley Rodriguez Thompson HUD. Mr. BARR of Georgia. Mr. Chairman, Murtha Roemer Thune AMENDMENT OFFERED BY MR. BARR OF GEORGIA reclaiming my time, I appreciate the Nadler Rogers Thurman Mr. BARR of Georgia. Mr. Chairman, gentleman’s comments. Neal Rothman Tierney The CHAIRMAN. The question is on Nethercutt Roybal-Allard Torres I offer an amendment. Oberstar Rush Towns The Clerk read as follows: the amendment offered by the gen- Obey Sabo Turner Amendment offered by Mr. BARR of Geor- tleman from Georgia [Mr. BARR]. Olver Sanchez Velazquez gia: The amendment was agreed to. Ortiz Sanders Vento Page 35, after line 25, insert the following: AMENDMENT OFFERED BY MR. NEUMANN Owens Sandlin Visclosky Packard Sawyer Wamp COMMISSION ON THE ADVANCEMENT OF FEDERAL Mr. NEUMANN. Mr. Chairman, I Pallone Schumer Waters LAW ENFORCEMENT offer an amendment. Pascrell Scott Watt (NC) For an additional amount for the oper- The Clerk read as follows: Pastor Serrano Waxman ations of the Commission on the Advance- Amendment offered by Mr. NEUMANN: Paul Sisisky Wexler ment of Federal Law Enforcement, $2,000,000, Page 35, after line 25, insert the following Payne Skaggs Weygand Pelosi Slaughter Wise to remain available until expended. new chapter: Peterson (MN) Smith, Adam Woolsey Mr. BARR of Georgia (during the CHAPTER 9 Pickett Snyder Yates reading). Mr. Chairman, I ask unani- FURTHER SPENDING REDUCTIONS Pomeroy Spratt mous consent that the amendment be SEC. 901. The amount otherwise provided NOT VOTING—10 considered as read and printed in the by this title for ‘‘Federal Emergency Man- Andrews Manton Skelton RECORD. agement Agency—Disaster Relief’’ (and the Hefner Molinari Watkins The CHAIRMAN. Is there objection portion of such amount that is specified to Hinojosa Mollohan to the request of the gentleman from become available for obligation on Septem- Jefferson Schiff Georgia? ber 30, 1997) are hereby reduced by b 1928 There was no objection. $1,700,000,000. Mr. NEUMANN. Mr. Chairman, ear- Mr. CONDIT changed his vote from Mr. BARR of Georgia. Mr. Chairman, lier this evening, on a point of order on ‘‘aye’’ to ‘‘no.’’ this amendment would simply restore page 33 of the bill, lines 14 through 21, Mr. FAWELL changed his vote from $2 million to the Law Enforcement through page 34, lines 1 through 19, ‘‘no’’ to ‘‘aye.’’ Commission, which was created in sec- were stricken from the bill. That effec- So the amendment was agreed to. tion 806 of the Effective Death Penalty tively removed $1.622 billion of rescis- The result of the vote was announced and Anti-terrorism Act of 1986. sions. as above recorded. Last fall in the Omnibus Consoli- dated Appropriations Act of 1996, the Earlier this evening the chairman PERSONAL EXPLANATION House passed and approved the $2 mil- and I had a discussion about whether Mr. HINOJOSA. Mr. Chairman, ear- lion in funding for this bipartisan com- the bill was paid for in BA or outlays, lier I was in the Chamber and cast my mission, which already has three of its and we have a difference of opinion vote. I inserted my card and thought five members appointed. At the last over that. But there is no question at my vote had been recorded. I have been minute, however, Mr. Chairman, this this point that it is no longer paid for informed that it did not take. Had it funding was stripped out of the omni- even in budget authority. As that point been taken on rollcall vote 134, it bus bill by the Senate. Therefore, the of order was raised, they lost $1.622 bil- would have been ‘‘no.’’ commission has not yet been able to lion of rescission, so the bill is no b 1930 begin its important work. longer paid for in outlays either. What our amendment does is it sim- The CHAIRMAN. The Clerk will read. I would urge we seize the moment af- ply reaches back to page 28 in the bill. The Clerk read as follows: forded by this supplemental appropria- tions bill to restore this funding imme- And let me be very, very clear about GENERAL SERVICES ADMINISTRATION diately. The commission has bipartisan this, because our rescission deals with FEDERAL BUILDINGS FUND support in the House. The sole purpose money that could not be spent prior to (LIMITATIONS ON AVAILABILITY OF REVENUE) of this commission is to put forth rec- September 30 of this year. On page 28 in (RECESSION) ommendations to the Congress to make this amendment, and I read, quote, Of the funds made available under this Federal law enforcement better and ‘‘That $2.387 billion shall become avail- heading for ‘‘Repairs and Alterations, Basic more accountable. able for obligation on September 30, Repairs and Alterations,’’ in Public Law 104– The public safety is law enforce- 1997.’’ 208, $1,400,000 is rescinded: Provided, That ment’s top priority and this commis- What we have done is removed $1.7 of these funds shall be reduced from the sion would find ways to make us more this $2.4, roughly, billion to put the bill amounts made available for the renovation back in balance so that at least in of the Agricultural Research Service Labora- successful in achieving this mutual pri- tory in Ames, Iowa. ority. Mr. Chairman, I urge my col- budget authority the bill is paid for. Once again, I would point out that EXPENSES, PRESIDENTIAL TRANSITION leagues on both sides to support my our amendment is very straight- (RESCISSION) amendment in order that this commis- sion may begin its important work. forward. It simply reaches back in the Of the funds made available under this Mr. ROGERS. Mr. Chairman, will the bill, removes $1.7 billion of advance heading in Public Law 104–208, $5,600,000 are funding for FEMA. Advance funding rescinded. gentleman yield? Mr. BARR of Georgia. I yield to the does not affect any of the flood spend- DEPARTMENT OF HOUSING AND URBAN ing going on around the country today DEVELOPMENT gentleman from Kentucky. Mr. ROGERS. Mr. Chairman, I sup- and in no way affects defense in this HOUSING PROGRAMS port the gentleman’s amendment to bill. It does not affect any of the flood ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING provide $2 million for the establish- victims today, but rather it only goes (RESCISSION) ment of the Commission on the Ad- in and takes out some money that Of the amounts recaptured under this vancement of Federal Law Enforce- could not be spent until after Septem- heading during fiscal year 1997 and prior ment. The House-passed Commerce- ber 30 when the normal appropriation years, with the exception of the recaptures Justice-State appropriations bill for process would have completed itself specified in section 214 of Public Law 104–204, this year included $2 million, and I re- anyway. $3,823,440,000 are rescinded: Provided, That of So, simply put, this bill puts the bill this amount, the Secretary of Housing and gret that the funding was dropped in Urban Development shall recapture our conference with the Senate last back to a point where it is at least paid $3,573,440,000 in amounts heretofore made fall. for in budget authority. I will restate available to housing agencies for tenant- The commission was authorized as a that the bill is no longer paid for even based assistance under the section 8 existing part of the Anti-terrorism and Effec- in budget authority. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2763 Mr. LEWIS of California. Mr. Chair- being paid for. Let me say that I do re- know everyone is ready to get going man, I rise in opposition to the gentle- gret that, because I believe very this evening. I have got a few points man’s amendment. strongly that all of this money is need- that I think should be made as we con- Mr. Chairman, it is very important ed. sider this. that Members focus upon this amend- Mr. Chairman, we have had any num- It comes down to the responsibility ment for it goes right to the heart of ber of speakers who have gone before of the people in this institution. There why we have an emergency supple- the House, came today and pointed to are people that send us here to act re- mental. If this amendment were to be pictures and talked about devastation sponsibly for the future of this great successful, it would interrupt FEMA’s throughout this country, various loca- Nation we live in. I think that as we ability to go forward consistently with- tions that have been wreaked by dam- start thinking about doing things like out having to close back their oper- age from floods, tornadoes, and other helping flood disaster victims around ations at a very critical time. disasters. People in 35 States are af- the United States of America, I think Remember that the time when these fected by the contents of this bill and we have a responsibility to help these funds will be most needed takes us di- are looking forward to being able to be people and I think this bill should rectly into the heart of the hurricane assisted with the Federal moneys move forward. season, which has been predicted to be available in this bill. I think that it But I think we have a responsibility among the worst on record. would be nonsense to reduce the mon- to future generations of Americans, There is little question that if Mem- eys in this bill simply because we have too. I think it is our responsibility in bers at this time vote in a fashion that not applied all of the nuances that our generation that if we are going to would undermine FEMA funding, an some people might consider their prop- send money to help flood victims, at agency that among all the agencies has er rights to issue on points of order. least we should take the money out of begun to do things right, we will be in The fact is that the Federal Emer- our generation’s pockets, not put it on the burden of our children. a position of having stood on this floor gency Management Administration That is what this debate is about. Is and essentially voted against those funding is needed, and I do not believe it fair for us in this Congress to take that this is the way, as the gentleman people facing very difficult times at credit for sending this funny money points out in his amendment, to get this critical moment. from Washington, because that is how the bill back in balance. I do not think I urge the Members to be very cau- we are treating it, is it fair for us to we should just arbitrarily say, well, it tious about this vote. I also urge the take credit for sending flood disaster is not in balance and therefore let us Members to vote no on this amend- relief to victims all over America and cut the amount of money. The money ment. then add the debt to our children’s bur- was recommended appropriated by the Mr. LIVINGSTON. Mr. Chairman, I den? That is not right. Our generation committee, and a like amount of move to strike the last word, and rise has a responsibility to pay for the flood in reluctant opposition to the amend- money in the other body was to be ap- disaster relief money that is going else- ment. propriated, because it is needed by the where. First of all, let me say that the gen- American people. I would like to clear up a couple of tleman from Wisconsin is absolutely Mr. Chairman, let me conclude by other points. Number one, none of the right in his assessment of the budg- saying that making up that $1.6 billion money that we are talking about could etary impact of this bill. As the bill that was struck on a point of order will possibly be used in any way, shape or was reported from the committee to be very difficult. The budget neutrality form for a hurricane that hit next the House, it was in balance. It in- for this bill has been carefully month or the month after, nor could it cluded spending for Bosnia and for dis- confected because, in fact, outlays are be used for any of the current flood dis- aster relief roughly $8 billion, and it difficult to come by this late in the fis- aster victims we are talking about. In provided offsets, roughly $8 billion. It cal year so we paid for this bill in budg- fact, page 28 of this bill says for an ad- was paid for in budget authority. et authority. By asserting a point of ditional amount of disaster relief, $3.5 The gentleman from Wisconsin of- order, the fact is it is now short $1.6 billion to remain available until ex- fered an amendment because he felt billion. I would hope that the Members pended, provided, $2.4 billion shall be- that it was not paid for if we consid- would understand that the American come available for obligation on Sep- ered just outlays. But as we have people who are devastated by floods tember 30, 1997. pointed out, all supplemental appro- and tornadoes and other disasters need What that means in English is that priations bills have been paid for in this money. none of the money we are talking budget authority, and that was a prac- Therefore, this amendment should be about could have been spent before tice that was never adopted by the defeated. If it is defeated and if this September 30, anyway. September 30 is Congress until January 3, 1995. So we bill is passed, I guarantee that I will do the last day of this fiscal year. On Oc- thought we had accomplished a great everything in my power as chairman of tober 1, we have normal appropriation deal. this committee to make sure that bills in place. So there is absolutely no Now along comes one of the commit- when this bill returns from conference, impact in any way, shape or form on tees, and it has invoked a point of it will be fully paid for regardless of any of the hurricane victims or any of order to eliminate some of the pay- whatever points of order may have the current flood victims that are fors, some of the rescissions, in the been asserted. And I would hope that being affected by this money. amount of $1.6 plus billion. That was the members of the committee that as- Further, and I think this is very im- the transportation trust fund rescis- serted those points of order would join portant, I think we have to look at this sions which were deleted. That is un- with me and vote to get this bill out of advanced funding and understand why fortunate because, as the gentleman the House and over to the other body the advanced funding is in the bill. The from Wisconsin has pointed out, by where we can meet, confer, and make advanced funding is in this bill, and let taking those rescissions out on a point sure that the conference is completed everyone understand this, it is in this of order, however meritorious, the fact and that the work is done and that the bill so it can be called emergency is this bill is not paid for anymore. We bill comes back, so that we can send spending, even though it is not going appropriate about $8 billion and we the entire bill to the President of the to be spent on any of the disasters have paid for it with about $1.6 billion United States for his signature, and around America today or any of the less than that total amount. that those people who have been af- disasters that have occurred; but disas- flicted so adversely by disaster get the ters that occur after September 30 b 1945 money that they deserve. when it gets classified as emergency Mr. Chairman, the Committee on Ap- Mr. CAMPBELL. Mr. Chairman, I spending, we no longer have to count it propriations in bipartisan fashion felt move to strike the requisite number of toward spending caps. So by putting it it very necessary to provide offsets and words, and I yield to the gentleman in this bill, classified as emergency report a bill that was paid for. With the from Wisconsin [Mr. NEUMANN]. spending, instead of in an appropria- point of order that has been raised, we Mr. NEUMANN. Mr. Chairman, I tion bill, we do not have to count it to- acknowledge it is $1.6 billion short of thank the gentleman for yielding. I ward the spending caps. H2764 CONGRESSIONAL RECORD — HOUSE May 15, 1997 What that means in plain, simple propriation bills if we are to be any- their homes, who have not had utility English is that we get to spend another where near finished by the end of the service and they are waiting for this $2 billion or $1.7 billion later this year. fiscal year. The last thing we are going assistance to be delivered. This is really not about flood disaster to need to do is to have to deal again We have been talking about this for relief and the victims out there today. and again with more emergency the last 2 or 3 weeks and every time it This is about getting to spend another supplementals because God has deigned is something else that bogs down the $1.7 billion later this year in the appro- to ignore the budget resolution and has discussion, it goes on longer and longer priations process without counting it caused natural disasters, or allowed and longer. I am probably as fiscally toward the caps that are in place. them to happen, in any part of the conservative as anybody in this body Let me just conclude by saying, I country. and I happen to believe that the chair- think we of our generation have a re- The real fix, I would submit, is not man of the Committee on Appropria- sponsibility to help the flood victims, the Neumann amendment or anything tions is also very fiscally conservative. and I think we also have a responsibil- else that has been offered tonight. If When he gives me his assurance that ity to pay the bill out of our pocket, my colleagues really want to get the when we go to conference with this bill not put it on the backs and the burdens government out of this constant hole that they are going to come out with a that are going to be passed on to our of having to find how to finance disas- bill that is paid for, I believe that. I be- children in this great Nation. ters, what we really need to do is to lieve that we have to as a body rally Mr. LEWIS of California. Mr. Chair- bring to the floor of this House a new around the people who have been dam- man, will the gentleman yield? way of dealing with disasters. What we aged and afflicted by these flooding Mr. CAMPBELL. I yield to the gen- really need to do in my view is to have conditions and many other disasters tleman from California. an insurance fund into which each of around this country and do what needs Mr. LEWIS of California. I appreciate the States pay on an experience-rated to be done here. We will see that these the gentleman yielding. I asked the basis so that if they have disasters, we things are taken care of. gentleman to yield simply because I do not have to go through this month I do not have any intention at all of did enjoy the gentleman’s speech but after month and year after year, that having a conference report come out he just happens to be wrong. The fact there will already be an insurance fund that is not paid for. But we desperately is that FEMA moneys, advance pay- created for the purpose of funding need assistance. We have critical needs ments of FEMA moneys are making up those disasters on a regular basis. Oth- in our State, in the State of North Da- for funding of floods and disasters that erwise, no matter what budgets we kota, in the State of Minnesota and have taken place in the past. We have adopt on an annual basis, we will con- many others who are affected by disas- got to continue that funding forward. stantly be jerking them around to ters in this country and who are going If we do not continue that funding for- make up for the fact that we cannot to benefit from the assistance that is ward, there could be a gap in FEMA’s predict acts of God. provided in this supplemental appro- services. The last thing we need to do Mr. Chairman, I would simply urge priation bill, and I think that it is high as a result of this bill is to allow any every Member of this House to remem- time we get on with it and take care of gap to occur in those fundings for those ber, it is not an easy thing to chair the the business at hand and vote down all disasters that are so important to the Committee on Appropriations or each these ancillary amendments and get American people. of the 13 subcommittees. Most of the the bill passed, get it conferenced and Mr. NEUMANN. Just to make the time, all of the choices that you have get the assistance to the American peo- record 100 percent clear, if this amend- to make are bad ones. No matter what ple and the people in our States who ment is passed, there is still $700 mil- choice you make, somebody is going to really need it. lion of unexpended FEMA money in be unhappy, somebody is going to be b here. So the gap that the gentleman is sore and somebody is going to insist 2000 talking about and, by the way, I very that you have not made a pluperfect Mrs. MEEK of Florida. Mr. Chair- much respect the chairman of our sub- decision. It seems to me that the com- man, I move to strike the requisite committee, but the gap he is talking mittee has made the best decision it number of words. about is more than covered by the $700 could under the circumstances, and I Mr. Chairman, I think what my col- million of unobligated and unallocated would simply urge my colleagues to leagues have heard here today are some funds that are still in here. So make no recognize that as we consider this and brilliant theorisms; we have heard mistake, this does not wipe out all the any other amendment before the House some brilliant theories, but there is no money like it should. It only wipes out tonight. time for theories now. We have heard $1.7 billion of it, leaving $700 million Mr. THUNE. Mr. Chairman, I move to from every side of this House, people still available to cover what the gen- strike the requisite number of words. who want to predict what is going to tleman is referring to. Mr. Chairman, I would like to if I happen in 1998 and what is going to Mr. OBEY. Mr. Chairman, I move to could, comment briefly on this because happen in 1999, and my colleagues are strike the requisite number of words. I happen to be from a State that is af- thinking about some other brilliant no- Mr. Chairman, I do not want to put fected by this disaster. I can tell my menclature with whom each of my col- this in the context of either being for colleagues one thing. The people in the leagues is familiar. or against the Neumann amendment. I Dakotas and Minnesota do not under- But I am standing here to ask my would simply like to make some obser- stand what a CR is. A lot of them do colleagues to get real, to get real and vations about where I am concerned we not even understand exactly what this pass the good budget that the appro- are going to be. whole process is all about, about trying priations chairman has come out with. Right now, FEMA tells us that if we to adopt a supplemental appropriation. He has had to work very, very hard; so proceed as the House would proceed But they do know that there are a lot has the Committee on Appropriations; under this amendment, that come the of them who are displaced from their so has the ranking member and every- middle of September, they expect to homes, there are a lot of them who one on this floor. have less than $200 million available to have lost property, and I have been in I am not against theory, but it is just meet all problems that they are re- those Red Cross relief shelters, I have not time for theory. We have people quired to deal with, funds that would seen some, not all of them, but we have who are covered with mud out there be unallocated at that point. got 200,000 dead cattle in South Da- after this particular flooding season. I would simply make the observation, kota. In the State of North Dakota I I come from an area that in 1992 was this is May 14 or 15, if my calendar is have flown over and looked at the dam- overcome by hurricane, and had it not right. This is a month after the budget age. Those people have been decimated. been for this Congress acting and act- resolution is supposed to be finished. We have an entire community in Grand ing with dispatch, we would have still We have yet to pass all of our regular Forks, North Dakota, in East Grand had people with an aftermath, and I appropriation bills for this year. What Forks, Minnesota, that has been en- want to say to my colleagues there is we need to be able to focus on in this tirely decimated by this. They have going to be an aftermath to the flood House is the passage of all of those ap- people out there who are outside of and to the disasters. It cannot be cured May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2765 in one small sweep of our hand here on and where FEMA is going to be called Baldacci Granger Oberstar this floor. to be active. We are not going to be Barcia Green Obey Barrett (NE) Greenwood Olver So I stand to say to my colleagues let able to come up here in every instance Barrett (WI) Gutierrez Ortiz us pass this good bill. Nothing has been with another supplemental appropria- Bateman Hall (OH) Owens perfect in this Congress since the very tion bill, and I think we ought to give Becerra Hamilton Oxley Bentsen Hansen beginning, and I say to you, Mr. Chair- the benefit of the doubt to the chair- Packard Berry Harman Pallone man, that this one will not be perfect, man in this instance, and others that Bilbray Hastings (FL) Parker but the people who have been overcome have worked on it. Bilirakis Hayworth Pascrell by this disaster need us to act. Bishop Hilliard Pastor There are people in the State that I Blagojevich Hinchey What the people who are bringing in Paxon represent, in the western part of the Bliley Hinojosa Payne theory would like for us to do is to dig State, that have suffered greatly under Blumenauer Hobson Pease a big hole in the 1998–99 VA HUD appro- this particular process, and they need Boehlert Holden Pelosi Boehner Hooley Peterson (MN) priation, but they just cannot do it by to have a positive answer. I think they Bonilla Horn Peterson (PA) blinking an eye. They have got to pre- Bonior Houghton deserve a positive answer from this Pickering Bono Hoyer pare for this. House as we have responded to other Pickett Borski Hutchinson So let us not take this good bill and Pitts natural disasters across this country in Boswell Hyde get it out so that people who have been the many years I have served in this Boucher Jackson (IL) Pomeroy devastated by the flood can be helped, Boyd Jackson-Lee Portman House. Poshard just as we were helped in 1992 in south So I think that this amendment, Brown (CA) (TX) Brown (FL) Jenkins Price (NC) Florida. while well intentioned, I think offers Brown (OH) John Pryce (OH) Mr. Chairman, I appeal to the House false hope as to what the consequence Buyer Johnson (CT) Quinn to vote yes on this bill. of it will be. It will hurt, it will hurt Callahan Johnson (WI) Rahall Mr. ISTOOK. Mr. Chairman, I move Calvert Johnson, E. B. Ramstad the people that we are supposed to and Canady Kanjorski Rangel to strike the requisite number of holding ourself up to help, not really Capps Kaptur Regula words. representing. Cardin Kelly Reyes Mr. Chairman, I will not consume 5 We need our colleagues’ help in this Carson Kennedy (MA) Riggs minutes. I do think it is worth noting Chenoweth Kennedy (RI) Riley instance, and I implore them to vote Clay Kennelly Rivers to people that not only is this a matter against this amendment. Clayton Kildee Rodriguez of saying that no relief money is The CHAIRMAN. The question is on Clement Kilpatrick Roemer Clyburn Kim stricken by the Neumann amendment, the amendment offered by the gen- Rogan but because of the language adopted Cook Kind (WI) Rogers tleman from Wisconsin [Mr. NEUMANN]. Cooksey King (NY) Ros-Lehtinen previously in the Gekas amendment, as The question was taken; and the Costello Kleczka Rothman of October 1 there will be further fund- Chairman announced that the noes ap- Coyne Klink Roukema ing available for FEMA that is guaran- Cramer Knollenberg Roybal-Allard peared to have it. Crapo Kolbe teed to make sure that at that time, if Rush RECORDED VOTE Cummings Kucinich Sabo there are further disasters occurring, Cunningham LaFalce Mr. NEUMANN. Mr. Chairman, I de- Sanchez there is money available to FEMA. Danner LaHood Sanders mand a recorded vote. Davis (FL) Lampson Sandlin So advanced funding for disasters Davis (IL) Lantos that have not happened yet is not nec- A recorded vote was ordered. Sawyer The vote was taken by electronic de- Davis (VA) Latham Saxton essary because of the Gekas amend- DeFazio LaTourette Schumer ment which we already adopted that vice, and there were—ayes 115, noes 305, DeGette Lazio Scott not voting 13, as follows: Delahunt Leach Serrano guarantees funds will be available Oc- DeLauro Levin [Roll No. 135] Shaw tober 1. DeLay Lewis (CA) Sherman Mr. FOX of Pennsylvania. Mr. Chair- AYES—115 Dellums Lewis (GA) Shuster Deutsch Lewis (KY) man, I move to strike the requisite Aderholt Foley Norwood Sisisky Diaz-Balart Lipinski Archer Franks (NJ) Nussle Skaggs number of words. Dickey Livingston Armey Ganske Pappas Skeen Mr. Chairman, I will not take 5 min- Dicks LoBiondo Ballenger Goode Paul Slaughter Dingell Lofgren utes either, and the last speaker did Barr Goodling Petri Smith (NJ) Dixon Lowey Bartlett Goss Pombo Smith (TX) not, but I move for us tonight to sup- Dooley Lucas Barton Graham Porter Smith, Adam port the chairman, the gentleman from Doyle Luther Bass Gutknecht Rohrabacher Smith, Linda Dreier Maloney (CT) Louisiana [Mr. LIVINGSTON], and oppose Bereuter Hall (TX) Royce Snyder Dunn Maloney (NY) the amendment offered by the gen- Blunt Hastert Ryun Spence Edwards Markey Brady Hastings (WA) Salmon Spratt tleman from Wisconsin [Mr. NEUMANN]. Emerson Martinez Bryant Hefley Sanford The fact is that States like Penn- Engel Mascara Stabenow Bunning Herger Scarborough English Matsui Stark sylvania and States in the Far West Burr Hill Schaefer, Dan Eshoo McCarthy (MO) Stokes Burton Hilleary Schaffer, Bob have been devastated by the flooding. Etheridge McCarthy (NY) Strickland Camp Hoekstra Sensenbrenner This legislation moves that forward for Evans McCrery Stupak Campbell Hostettler Sessions Everett McDade Tanner the Federal emergencies while still Cannon Hulshof Shadegg Farr McDermott Tauscher doing right by the budget, and there- Castle Hunter Shays Fattah McGovern Tauzin Chabot Inglis Shimkus fore I would ask that we vote no on the Fazio McHale Taylor (MS) Chambliss Istook Smith (MI) amendment. Filner McHugh Thomas Christensen Johnson, Sam Snowbarger Flake McIntyre Thompson Mr. VENTO. Mr. Chairman, will the Coble Jones Solomon Foglietta McKeon Thune gentleman yield? Coburn Kasich Souder Forbes McKinney Thurman Collins Kingston Stearns Mr. FOX of Pennsylvania. I yield to Ford McNulty Tierney Combest Klug Stenholm the gentleman from Minnesota. Fowler Meek Torres Condit Largent Stump Fox Menendez Towns Mr. VENTO. Mr. Chairman, I thank Cox Linder Sununu Frank (MA) Millender- Traficant Crane Manzullo Talent the gentleman from Pennsylvania for Frelinghuysen McDonald Turner Cubin McCollum Taylor (NC) his statement. Frost Miller (CA) Velazquez Deal McInnis Thornberry Furse Minge Vento Mr. Chairman, I would just point out Doggett McIntosh Tiahrt Gallegly Mink Visclosky that these arguments that we can have Doolittle Meehan Upton Gejdenson Moakley Walsh Duncan Metcalf Watt (NC) our cake and eat it too, that one can Gekas Mollohan Wamp Ehlers Mica Watts (OK) vote in this particular instance to in Gephardt Moran (VA) Waters Ehrlich Miller (FL) Weldon (FL) Gibbons Morella Waxman fact cut out the $1.6 billion and some- Ensign Moran (KS) White Gilchrest Murtha Weldon (PA) Ewing Myrick how that FEMA is going to be funded Gillmor Nadler Weller Fawell Neumann on a forward basis, I think what is Gilman Neal Wexler being pointed out here is that there are NOES—305 Gonzalez Nethercutt Weygand going to be a series of events that Goodlatte Ney Whitfield Abercrombie Allen Baesler Gordon Northup Wicker occur this summer across this country Ackerman Bachus Baker H2766 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Wise Woolsey Young (AK) this paragraph is in addition to any other are temporarily assigned from other Depart- Wolf Wynn Young (FL) transfer authority available to the Depart- ment of Defense organizations to the Depart- NOT VOTING—13 ment of Defense: Provided further, That such ment of the Navy Financial Management/ amount is designated by Congress as an Comptroller organization on or after May 1, Andrews Manton Smith (OR) 1997: Provided, That the preceding limita- Berman Molinari Watkins emergency requirement pursuant to section Conyers Radanovich Yates 251(b)(2)(D)(i) of the Balanced Budget and tions shall also apply to funds for compensa- Hefner Schiff Emergency Deficit Control Act of 1985, as tion of military personnel or civilian em- Jefferson Skelton amended. ployees in the organization of the Deputy Chief of Naval Operations (Resources, War- OPLAN 34A/35 P.O.W. PAYMENTS b 2023 fare Requirements, and Assessments) whose Mrs. CHENOWETH and Mr. LEACH For payments to individuals under section primary function is budgeting or financial 657 of Public Law 104–201, $20,000,000, to re- changed their vote from ‘‘aye’’ to ‘‘no’’. management: Provided further, That none of main available until expended. the funds in this or any other Act for any fis- So the amendment was rejected. REVOLVING AND MANAGEMENT FUNDS cal year may be used to reprogram funds The result of the vote was announced RESERVE MOBILIZATION INCOME INSURANCE within any Navy appropriation (other than as above recorded. Military Construction and Military Family FUND Mr. LIVINGSTON. Mr. Chairman, we Housing) under the authority of Department are currently on page 35 of the bill, and For an additional amount for the Reserve of Defense Financial Management Regula- Mobilization Income Insurance Fund, tion without prior written approval from the in order to expedite the process, I ask $72,000,000, to remain available until ex- unanimous consent that the bill, Appropriations Committees of Congress. pended: Provided, That the entire amount is CHAPTER 2 through page 51, line 23, be considered designated by Congress as an emergency re- GENERAL PROVISIONS as read, printed in the RECORD, and quirement pursuant to section 251(b)(2)(D)(i) open to amendment at any point. of the Balanced Budget and Emergency Defi- (RESCISSIONS) The CHAIRMAN. Is there objection cit Control Act of 1985, as amended. SEC. 2201. Of the funds provided in the De- to the request of the gentleman from GENERAL PROVISIONS, CHAPTER 1 partment of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law Louisiana? SEC. 2101. No part of any appropriation 104–208), amounts are hereby rescinded from There was no objection. contained in this title shall remain available the following accounts in the specified The text of the remainder of the bill for obligation beyond the current fiscal year, amounts to reflect savings from revised eco- through page 51, line 23 is as follows: unless expressly so provided herein. nomic assumptions (with each such reduc- TITLE II (TRANSFER OF FUNDS) tion to be applied proportionally to each SEC. 2102. The Secretary of the Navy shall budget activity, activity group, and sub- EMERGENCY SUPPLEMENTAL activity group within each such account): APPROPRIATIONS FOR PEACEKEEPING transfer up to $23,000,000 to ‘‘Operation and Maintenance, Marine Corps’’ from the fol- ‘‘Operation and Maintenance, Army’’, CHAPTER 1 lowing accounts in the specified amounts, to $19,000,000; DEPARTMENT OF DEFENSE—MILITARY be available only for repairing damage ‘‘Operation and Maintenance, Navy’’, MILITARY PERSONNEL caused by hurricanes, flooding, and other $24,000,000; ‘‘Operation and Maintenance, Air Force’’, MILITARY PERSONNEL, ARMY natural disasters during 1996 and 1997 to real property and facilities at Marine Corps fa- $18,000,000; For an additional amount for ‘‘Military ‘‘Operation and Maintenance, Defense- cilities (including Camp Lejeune, North Personnel, Army’’, $306,800,000: Provided, Wide’’, $8,000,000; Carolina; Cherry Point, North Carolina; and That such amount is designated by Congress ‘‘Operation and Maintenance, Army Re- the Mountain Warfare Training Center, as an emergency requirement pursuant to serve’’, $1,000,000; Bridgeport, California): section 251(b)(2)(D)(i) of the Balanced Budget ‘‘Operation and Maintenance, Navy Re- ‘‘Military Personnel, Marine Corps’’, and Emergency Deficit Control Act of 1985, serve’’, $1,000,000; $4,000,000; as amended. ‘‘Operation and Maintenance, Air Force ‘‘Operation and Maintenance, Marine Reserve’’, $1,000,000; MILITARY PERSONNEL, NAVY Corps’’, $11,000,000; ‘‘Operation and Maintenance, Army Na- For an additional amount for ‘‘Military ‘‘Procurement of Ammunition, Navy and tional Guard’’, $2,000,000; Personnel, Navy’’, $7,900,000: That Provided, Marine Corps, 1996/1998’’, $4,000,000; and ‘‘Operation and Maintenance, Air National such amount is designated by Congress as an ‘‘Procurement, Marine Corps, 1996/1998’’, Guard’’, $3,000,000; emergency requirement pursuant to section $4,000,000. ‘‘Drug Interdiction and Counter-Drug Ac- 251(b)(2)(D)(i) of the Balanced Budget and SEC. 2103. In addition to the amounts ap- tivities, Defense’’, $2,000,000; Emergency Deficit Control Act of 1985, as propriated in title VI of the Department of ‘‘Environmental Restoration, Army’’, amended. Defense Appropriations Act, 1997 (as con- $250,000; MILITARY PERSONNEL, MARINE CORPS tained in section 101(b) of Public Law 104– ‘‘Environmental Restoration, Navy’’, 208), under the heading ‘‘Defense Health Pro- For an additional amount for ‘‘Military $250,000; gram’’, $21,000,000 is hereby appropriated and Personnel, Marine Corps’’, $300,000: Provided, ‘‘Environmental Restoration, Air Force’’, made available only for the provision of di- That such amount is designated by Congress $250,000; rect patient care at military treatment fa- as an emergency requirement pursuant to ‘‘Environmental Restoration, Formerly cilities. section 251(b)(2)(D)(i) of the Balanced Budget Used Defense Sites’’, $250,000; SEC. 2104. In addition to the amounts ap- and Emergency Deficit Control Act of 1985, ‘‘Former Soviet Union Threat Reduction’’, propriated in title II of the Department of as amended. $2,000,000; Defense Appropriations Act, 1997 (as con- ‘‘Defense Health Program’’, $10,000,000; MILITARY PERSONNEL, AIR FORCE tained in section 101(b) of Public Law 104– ‘‘Aircraft Procurement, Army’’, $8,000,000; For an additional amount for ‘‘Military 208), under the heading ‘‘Operation and Main- ‘‘Missile Procurement, Army’’, $2,000,000; Personnel, Air Force’’, $29,100,000: Provided, tenance, Defense-Wide’’, $10,000,000 is hereby ‘‘Procurement of Weapons and Tracked That such amount is designated by Congress appropriated and made available only for Combat Vehicles, Army’’, $5,000,000; as an emergency requirement pursuant to force protection and counter-terrorism ini- ‘‘Procurement of Ammunition, Army’’, section 251(b)(2)(D)(i) of the Balanced Budget tiatives. $1,000,000; and Emergency Deficit Control Act of 1985, SEC. 2105. Without prior and specific writ- ‘‘Other Procurement, Army’’, $15,000,000; as amended. ten approval from the Appropriations Com- ‘‘Aircraft Procurement, Navy’’, $28,000,000; OPERATION AND MAINTENANCE mittees of Congress, none of the funds appro- ‘‘Weapons Procurement, Navy’’, $6,000,000; priated in this or any other Act for any fis- OVERSEAS CONTINGENCY OPERATIONS ‘‘Shipbuilding and Conversion, Navy’’, cal year may be used to compensate military $33,000,000; TRANSFER FUND personnel or civilian employees who (1) are ‘‘Other Procurement, Navy’’, $8,000,000; (INCLUDING TRANSFER OF FUNDS) newly assigned to or newly employed by the ‘‘Aircraft Procurement, Air Force’’, For an additional amount for ‘‘Overseas Office of the Assistant Secretary of the Navy $20,000,000; Contingency Operations Transfer Fund’’, (Financial Management and Comptroller) on ‘‘Missile Procurement, Air Force’’, $1,566,300,000: Provided, That the Secretary of or after May 1, 1997, (2) occupy positions in $11,000,000; Defense may transfer these funds only to op- the Department of the Navy’s Financial ‘‘Other Procurement, Air Force’’, $7,000,000; eration and maintenance and DoD working Management/Comptroller organization on ‘‘Procurement, Defense-Wide’’, $5,000,000; capital fund accounts: Provided further, That May 1, 1997 and who are subsequently reas- ‘‘National Guard and Reserve Equipment’’, the funds transferred shall be merged with signed to another organization in the Navy $8,000,000; and shall be available for the same purposes for the purpose of compensation yet who oth- ‘‘Chemical Agents and Munitions Destruc- and for the same time period, as the appro- erwise continue to be directed by or report tion, Defense’’, $2,000,000; priation to which transferred: Provided fur- to the Department of the Navy Financial ‘‘Research, Development, Test and Evalua- ther, That the transfer authority provided in Management/Comptroller organization, or (3) tion, Army’’, $10,000,000; May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2767

‘‘Research, Development, Test and Evalua- (RESCISSIONS) FAMILY HOUSING, NAVY AND MARINE tion, Navy’’, $9,000,000; SEC. 2204. Of the funds provided in previous CORPS ‘‘Research, Development, Test and Evalua- Department of Defense Appropriations Acts, SEC. 2302. For an additional amount for tion, Air Force’’, $22,000,000; funds are hereby rescinded from the follow- ‘‘Family Housing, Navy and Marine Corps’’ ‘‘Research, Development, Test and Evalua- ing accounts in the specified amounts: to cover the incremental Operation and tion, Defense-Wide’’, $15,000,000. ‘‘Shipbuilding and Conversion, Navy, 1994/ Maintenance costs arising from hurricane 1998’’, $28,700,000; (RESCISSIONS) damage to family housing units at Marine ‘‘Aircraft Procurement, Air Force, 1995/ Corps Base Camp Lejeune, North Carolina SEC. 2202. Of the funds provided in the De- 1997’’, $14,400,000; and Marine Corps Air Station Cherry Point, partment of Defense Appropriations Act, 1997 ‘‘Missile Procurement, Air Force, 1995/ North Carolina, $6,480,000, as authorized by 10 (as contained in section 101(b) of Public Law 1997’’, $4,000,000; U.S.C. 2854. 104–208), amounts related to foreign currency ‘‘Aircraft Procurement, Army, 1996/1998’’, TITLE III are hereby rescinded from the following ac- $18,000,000; counts in the specified amounts, except as ‘‘Procurement of Weapons and Tracked GENERAL PROVISIONS—THIS ACT otherwise provided by law, to reflect savings Combat Vehicles, Army, 1996/1998’’, SEC. 3001. No part of any appropriation from revised foreign currency exchange $26,000,000; contained in this Act shall remain available rates: ‘‘Procurement of Ammunition, Army, 1996/ for obligation beyond the current fiscal year ‘‘Military Personnel, Army’’, $37,000,000; 1998’’, $34,000,000; unless expressly so provided herein. ‘‘Military Personnel, Navy’’, $9,000,000; ‘‘Other Procurement, Navy, 1996/1998’’, ASSISTANCE TO UKRAINE ‘‘Military Personnel, Air Force’’, $3,000,000; SEC. 3002. (a) The President may waive any $12,000,000; ‘‘Aircraft Procurement, Air Force, 1996/ of the earmarks contained in subsections (k) ‘‘Operation and Maintenance, Army’’, 1998’’, $52,000,000; and (l) under the heading ‘‘Assistance for the $124,000,000; ‘‘Other Procurement, Air Force, 1996/1998’’, New Independent States of the Former So- ‘‘Operation and Maintenance, Navy’’, $10,000,000; viet Union’’ contained in the Foreign Oper- $22,000,000; ‘‘Procurement of Ammunition, Air Force, ations, Export Financing, and Related Pro- ‘‘Operation and Maintenance, Air Force’’, 1996/1998’’, $21,100,000; grams Appropriations Act, 1997, as included $79,000,000; ‘‘Procurement, Defense-Wide, 1996/1998’’, in Public Law 104–208, if he determines, and ‘‘Operation and Maintenance, Defense- $34,800,000; so reports to the Committees on Appropria- Wide’’, $14,000,000; ‘‘Research, Development, Test and Evalua- tions that the Government of Ukraine— ‘‘Defense Health Program’’, $11,000,000. tion, Navy, 1996/1997’’, $4,500,000; (1) is not making significant progress to- ‘‘Research, Development, Test and Evalua- (RESCISSIONS) ward economic reform and the elimination of tion, Air Force, 1996/1997’’, $2,000,000; corruption; SEC. 2203. Of the funds provided in previous ‘‘Research, Development, Test and Evalua- (2) is not permitting American firms and Department of Defense Appropriations Acts, tion, Defense-Wide, 1996/1997’’, $71,200,000; individuals to operate in Ukraine according amounts only associated with unobligated ‘‘Developmental Test and Evaluation, De- to generally accepted business principles; or balances expected to expire at the end of the fense, 1996/1997’’, $12,200,000; (3) is not effectively assisting American current fiscal year are hereby rescinded from ‘‘Chemical Agents and Munitions Destruc- firms and individuals in their efforts to en- the following accounts in the specified tion, Defense, 1996/1998’’, $22,000,000; force commercial contracts and resist extor- amounts: ‘‘National Guard Personnel, Air Force’’, tion and other corrupt demands. ‘‘Aircraft Procurement, Army, 1995/1997’’, $7,600,000; AMENDMENT OFFERED BY MR. VENTO $1,085,000; ‘‘Operation and Maintenance, Army’’, ‘‘Missile Procurement, Army, 1995/1997’’, $17,000,000; Mr. VENTO. Mr. Chairman, I offer an $2,707,000; ‘‘Operation and Maintenance, Defense- amendment. ‘‘Procurement of Weapons and Tracked Wide’’, $10,000,000; The Clerk read as follows: Combat Vehicles, Army, 1995/1997’’, $2,296,000; ‘‘Procurement of Ammunition, Army, 1997/ Amendment offered by Mr. VENTO: ‘‘Procurement of Ammunition, Army, 1995/ 1999’’, $10,000,000; Page 51, after line 23, insert the following 1997’’, $3,236,000; ‘‘Other Procurement, Army, 1997/1999’’, new title: $6,000,000; ‘‘Other Procurement, Army, 1995/1997’’, TITLE III—ADDITIONAL DISASTER RELIEF ‘‘Aircraft Procurement, Navy, 1997/1999’’, $2,502,000; PROVISIONS ‘‘Aircraft Procurement, Navy, 1995/1997’’, $48,000,000; $34,000,000; ‘‘Aircraft Procurement, Air Force, 1997/ Subtitle A—Depository Institution Disaster ‘‘Weapons Procurement, Navy, 1995/1997’’, 1999’’, $35,000,000; Relief $16,000,000; ‘‘Missile Procurement, Air Force, 1997/ SEC. 4001. SHORT TITLE. ‘‘Procurement of Ammunition, Navy and 1999’’, $120,000,000; This subtitle may be cited as the ‘‘Deposi- Marine Corps, 1995/1997’’, $812,000; ‘‘Research, Development, Test and Evalua- tory Institutions Disaster Relief Act of ‘‘Shipbuilding and Conversion, Navy, 1993/ tion, Army, 1997/1998’’, $15,000,000; 1997’’. 1997’’, $10,000,000; ‘‘Research, Development, Test and Evalua- SEC. 4002. TRUTH IN LENDING ACT; EXPEDITED ‘‘Other Procurement, Navy, 1995/1997’’, tion, Navy, 1997/1998’’, $28,500,000; FUNDS AVAILABILITY ACT. $4,237,000; ‘‘Research, Development, Test and Evalua- (a) TRUTH IN LENDING ACT.—During the 240- ‘‘Procurement, Marine Corps, 1995/1997’’, tion, Air Force, 1997/1998’’, $237,500,000; day period beginning on the date of enact- $1,207,000; ‘‘Research, Development, Test and Evalua- ment of this Act, the Board of Governors of ‘‘Aircraft Procurement, Air Force, 1995/ tion, Defense-Wide, 1997/1998’’, $100,000,000. the Federal Reserve System may make ex- 1997’’, $33,650,000; MILITARY CONSTRUCTION ceptions to the Truth in Lending Act for ‘‘Missile Procurement, Air Force, 1995/ (RESCISSIONS) transactions within an area in which the 1997’’, $7,195,000; SEC. 2205. Of the funds appropriated in the President, pursuant to section 401 of the ‘‘Other Procurement, Air Force, 1995/1997’’, Military Construction Appropriations Act, Robert T. Stafford Disaster Relief and Emer- $3,659,000; 1996 (Public Law 104–32), amounts are hereby gency Assistance Act, has determined, on or ‘‘Procurement, Defense-Wide, 1995/1997’’, rescinded from the following accounts in the after February 28, 1997, that a major disaster $12,881,000; specified amounts: exists, or within an area determined to be el- ‘‘National Guard and Reserve Equipment, ‘‘Military Construction, Air Force Re- igible for disaster relief under other Federal 1995/1997’’, $5,029,000; serve’’, $5,000,000; law by reason of damage related to the 1997 ‘‘Chemical Agents and Munitions Destruc- ‘‘Military Construction, Defense-wide’’, flooding of the Red River of the North, the tion, Defense, 1995/1997’’, $456,000; $41,000,000; Minnesota River, and the tributaries of such ‘‘Chemical Agents and Munitions Destruc- ‘‘Base Realignment and Closure Account, rivers, if the Board determines that the ex- tion, Defense, 1996/1997’’, $652,000; Part II’’, $35,391,000; ception can reasonably be expected to allevi- ‘‘Research, Development, Test and Evalua- ‘‘Base Realignment and Closure Account, ate hardships to the public resulting from tion, Army, 1996/1997’’, $4,366,000; Part III’’, $75,638,000; and such disaster that outweigh possible adverse ‘‘Research, Development, Test and Evalua- ‘‘Base Realignment and Closure Account, effects. tion, Navy, 1996/1997’’, $14,978,000; Part IV’’, $22,971,000. (b) EXPEDITED FUNDS AVAILABILITY ACT.— ‘‘Research, Development, Test and Evalua- CHAPTER 3 During the 240-day period beginning on the tion, Air Force, 1996/1997’’, $28,396,000; date of enactment of this Act, the Board of GENERAL PROVISIONS ‘‘Research, Development, Test and Evalua- Governors of the Federal Reserve System tion, Defense-Wide, 1996/1997’’, $55,973,000; MILITARY CONSTRUCTION, NAVY may make exceptions to the Expedited ‘‘Developmental Test and Evaluation, De- (RESCISSION) Funds Availability Act for depository insti- fense, 1996/1997’’, $890,000; SEC. 2301. Of the funds appropriated for tution offices located within any area re- ‘‘Operational Test and Evaluation, De- ‘‘Military Construction, Navy’’ under Public ferred to in subsection (a) of this section if fense, 1996/1997’’, $160,000. Law 103–307, $6,480,000 is hereby rescinded. the Board determines that the exception can H2768 CONGRESSIONAL RECORD — HOUSE May 15, 1997 reasonably be expected to alleviate hard- or other regulated entities whose principal and upon such other terms as the Secretary ships to the public resulting from such disas- place of business is within, or with respect to may specify— ter that outweigh possible adverse effects. transactions or activities within, an area in (1) in applying section 122 of the Housing (c) TIME LIMIT ON EXCEPTIONS.—Any excep- which the President, pursuant to section 401 and Community Development Act of 1974, tion made under this section shall expire not of the Robert T. Stafford Disaster Relief and waive (in whole or in part) the requirements later than September 1, 1998. Emergency Assistance Act, has determined, that activities benefit persons of low- and (d) PUBLICATION REQUIRED.—The Board of on or after February 28, 1997, that a major moderate-income; and Governors of the Federal Reserve System disaster exists, or within an area determined (2) in applying section 290 of the HOME In- shall publish in the Federal Register a state- to be eligible for disaster relief under other vestment Partnerships Act, waive (in whole ment that— Federal law by reason of damage related to or in part) the requirements that housing (1) describes any exception made under this the 1997 flooding of the Red River of the qualify as affordable housing. section; and North, the Minnesota River, and the tribu- Mr. VENTO (during the reading). Mr. (2) explains how the exception can reason- taries of such rivers, if the agency deter- ably be expected to produce benefits to the mines that the action would facilitate recov- Chairman, I ask unanimous consent public that outweigh possible adverse ef- ery from the major disaster: that the amendment be considered as fects. (1) PROCEDURE.—Exercising the agency’s read. SEC. 4003. DEPOSIT OF INSURANCE PROCEEDS. authority under provisions of law other than The CHAIRMAN. Is there objection (a) IN GENERAL.—The appropriate Federal this section without complying with— to the request of the gentleman from banking agency may, by order, permit an in- (A) any requirement of section 553 of title Minnesota? sured depository institution to subtract from 5, United States Code; or There was no objection. (B) any provision of law that requires no- the institution’s total assets, in calculating Mr. VENTO. Mr. Chairman, this is an compliance with the leverage limit pre- tice or opportunity for hearing or sets maxi- scribed under section 38 of the Federal De- mum or minimum time limits with respect amendment that I have worked out posit Insurance Act, an amount not exceed- to agency action. with the acceptance of the majority ing the qualifying amount attributable to in- (2) PUBLICATION REQUIREMENTS.—Making and the minority. It provides regu- surance proceeds, if the agency determines exceptions, with respect to institutions or latory relief for banking activities in that— other entities for which the agency is the the Minnesota and Dakota area where (1) the institution— primary Federal regulator, to— we have been hit by the floods and (A) had its principal place of business with- (A) any publication requirement with re- spect to establishing branches or other de- some relief in terms of the use of CDBG in an area in which the President, pursuant and home funds. It is a noncontrover- to section 401 of the Robert T. Stafford Dis- posit-taking facilities; or aster Relief and Emergency Assistance Act, (B) any similar publication requirement. sial amendment. There are similar pro- has determined, on or after February 28, 1997, (b) PUBLICATION REQUIRED.—A qualifying visions like it in the Senate, and I ap- that a major disaster exists, or within an regulatory agency shall publish in the Fed- preciate the support of the manager of area determined to be eligible for disaster re- eral Register a statement that— the bill and the ranking member. lief under other Federal law by reason of (1) describes any action taken under this Mr. Chairman, I have an unfiled amendment section; and damage related to the 1997 flooding of the at the desk. Red River of the North, the Minnesota River, (2) explains the need for the action. and the tributaries of such rivers, on the day (c) QUALIFYING REGULATORY AGENCY DE- This Vento amendment is basically legisla- before the date of any such determination; FINED.—For purposes of this section, the tion I have introduced, H.R. 1461, the Deposi- (B) derives more than 60 percent of its term ‘‘qualifying regulatory agency’’ tory institutions Disaster Relief Act [DIDRA] of total deposits from persons who normally re- means— 1997. The bill is modeled on a DIDRA enacted side within, or whose principal place of busi- (1) the Board of Governors of the Federal into law in 1993. I introduced H.R. 1461 on Reserve System; ness is normally within, areas of intense dev- April 24 and it is supported by the delegations astation caused by the major disaster; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Su- of the affected Midwestern States and key (C) was adequately capitalized (as defined Members of the Banking Committee. I have in section 38 of the Federal Deposit Insur- pervision; ance Act) before the major disaster; and (4) the Federal Deposit Insurance Corpora- been working with the Chairman of the Bank- (D) has an acceptable plan for managing tion; ing Committee to attempt to pass this non- the increase in its total assets and total de- (5) the Financial Institutions Examination controversial legislation on the Suspension posits; and Council; Calendar. These attempts to move the bill on (2) the subtraction is consistent with the (6) the National Credit Union Administra- the Suspension Calendar have been stalled by tion; and purpose of section 38 of the Federal Deposit the supplemental appropriations bill because Insurance Act. (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the the version of this legislation in the other body (b) TIME LIMIT ON EXCEPTIONS.—Any excep- contains similar DIDRA provisions. tion made under this section shall expire not Treasury. later than February 28, 1999. (d) EXPIRATION.—Any exception made As an amendment to the supplemental or as under this section shall expire not later than (c) DEFINITIONS.—For purposes of this sec- a separate bill, this legislation will help make tion: February 28, 1998. credit available faster to those in need in the (1) APPROPRIATE FEDERAL BANKING AGEN- SEC. 4005. SENSE OF THE CONGRESS. disaster areas, especially those in Minnesota, It is the sense of the Congress that the CY.—The term ‘‘appropriate Federal banking South Dakota, and North Dakota, and will re- agency’’ has the same meaning as in section Board of Governors of the Federal Reserve System, the Comptroller of the Currency, duce some of the administrative burdens 3 of the Federal Deposit Insurance Act. faced by banks in reacting to this crisis. (2) INSURED DEPOSITORY INSTITUTION.—The the Director of the Office of Thrift Super- term ‘‘insured depository institution’’ has vision, the Federal Deposit Insurance Cor- Specifically, the amendment gives time-lim- the same meaning as in section 3 of the Fed- poration, and the National Credit Union Ad- ited authority to the Federal Reserve Board to eral Deposit Insurance Act. ministration should encourage depository in- make exceptions to the Truth in Lending Act (3) LEVERAGE LIMIT.—The term ‘‘leverage stitutions to meet the financial services [TILA] and the Expedited Funds Availability limit’’ has the same meaning as in section 38 needs of their communities and customers Act [EFAA] for disaster areas declared so after located in areas affected by the 1997 flooding of the Federal Deposit Insurance Act. February 28, 1997, when the board makes the (4) QUALIFYING AMOUNT ATTRIBUTABLE TO of the Red River of the North, the Minnesota River, and the tributaries of such rivers. determination that such an exception will alle- INSURANCE PROCEEDS.—The term ‘‘qualifying viate hardships to the degree that it outweighs amount attributable to insurance proceeds’’ SEC. 4006. OTHER AUTHORITY NOT AFFECTED. means the amount (if any) by which the in- No provision of this Act shall be construed possible adverse effects. This will have the ef- stitution’s total assets exceed the institu- as limiting the authority of any department fect of expediting the availability of loan funds tion’s average total assets during the cal- or agency under any other provision of law. to the community and will provide flexibility to endar quarter ending before the date of any Subtitle B—HUD Disaster Waver Provision grant exceptions from the availability of funds determination referred to in subsection SEC. 4011. DISASTER WAIVER AUTHORITY. schedules. (a)(1)(A), because of the deposit of insurance To address the damage resulting from the This amendment authorizes the Federal payments or governmental assistance made consequences of the natural disasters occur- banking agencies to subtract insurance pro- with respect to damage caused by, or other ring in the winter of 1996 and 1997 and the ceeds from qualified institutions total assets. costs resulting from, the major disaster. spring of 1997 (including severe weather in This will have the effect of not limiting institu- SEC. 4004. BANKING AGENCY PUBLICATION RE- the Western United States, damaging torna- QUIREMENTS. does, and the March 1997 flooding in the Mid- tions to regulatory capital rules when they re- (a) IN GENERAL.—A qualifying regulatory west), upon the request of a recipient of as- ceive large amounts of insurance proceeds agency may take any of the following ac- sistance the Secretary of Housing and Urban which they subsequently disburse to help re- tions with respect to depository institutions Development may, on a case-by-case basis build local communities faced by the disasters. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2769 This will allow the regulators to relieve institu- Mr. ADERHOLT. Mr. Chairman, I total snow accumulation of 367 inches, tions of the restrictive capital rules in a man- move to strike the last word. or 31 feet. Records that were set last ner consistent with safety and soundness Mr. Chairman, I wish to engage in a year were broken only this winter. through February 28, 1999. colloquy with the gentleman from Cali- Even this past Monday parts of my dis- Further this amendment authorizes banking fornia [Mr. LEWIS]. trict received over 14 inches of snow, regulators to expedite regulatory actions which Mr. LEWIS of California. Mr. Chair- resulting in school closings and further otherwise would be delayed by Federal notice, man, if the gentleman would yield, I financial strain on communities. comment and hearing requirements for depos- am happy to. My northern Michigan communities itory institutions or other regulated entities Mr. ADERHOLT. Mr. Chairman, were unable to deal with this onslaught whose principal place of business is within a given that both the House and the Sen- of continuous snow. Yet, it is abso- disaster area if the agency determines the ac- ate have provided funds to the Federal lutely necessary for the road commis- tion would facilitate recovery from the major Emergency Management Agency and sions to keep roads open to ensure that disaster. This authority would extend through the community development block emergency vehicles can pass. The fi- February 28, 1998. grant to help affected communities re- nancial havoc these storms wreaked on My amendment includes a sense of Con- build natural disasters, I ask the Chair- the people and local governments of gress that the financial institution regulators man’s commitment to work in con- my district will be felt long after the should encourage depository institutions to ference on an issue regarding a commu- next set of winter storms arrive. The meet the financial services needs of their com- nity in my district that was recently storms caused snow and flooding dam- munities and customers located in areas af- struck by natural disaster. age to roads and structures, curtailed fected by the 1997 flooding of the Red River On April 22, the town of Rainsville, agricultural planting, delayed home of the north, the Minnesota River and their Alabama, in my district was severely building and tourism, and induced tributaries. damaged by a tornado. The town’s fire other personal and financial effects. At the suggestion of the gentleman from department, police department and The true impact of these past two win- New York [Mr. LAZIO], I included additional municipal buildings, as well as numer- ter storms will be felt for years to waiver authority for current funds administered ous homes and businesses were de- come. by the Department of Housing and Urban De- stroyed. Fortunately, there was no loss It is my understanding that the Fed- velopment for the HOME and CBBG pro- of life. However, the town of Rainsville eral Government already has provi- grams. This language will apply a waiver of only has a population of 3,800 and there sions in place that would help commu- low- to moderate-income benefit requirements are very limited local resources to help nities that have been devastated by under CDBG and would apply a waiver of the rebuild the municipal infrastructure. these natural disasters. As a result of requirement that housing qualifies as afford- Although the State of Alabama has this past January’s storms, North Da- able housing for HOME funds. These waivers provided resources to rebuild the city, kota, South Dakota, and Minnesota would apply to regular, as in not supplemental, there is a small shortfall needed to re- will receive Federal aid this year for snow removal assistance. In each State funds available to the recipients that they construct the city hall building. I am the Governor of that State issued a chose to use to alleviate the effects of the dis- asking that the gentleman consider al- major disaster declaration. aster. locating funds to be administered by I would just like to clarify with the Mr. Chairman, I am seeking to move this the Alabama Department of Economic gentleman that under present law a legislation via the most expeditious route or and Community Affairs to assist declaration must be made by the Gov- routes. At this time, the supplemental appro- Rainsville in rebuilding the city hall. I ernor of that State within 30 days of priations bill seems to be the appropriate ave- would hope that the gentleman would the event, followed by a declaration by nue. Because the bill with which we will con- consider this urgent request as H.R. the President, in order for local com- ference on the supplemental has slightly more 1469 moves to conference committee munities to receive Federal aid, and if restrictive DIDRA provisions, I ask for my col- with the Senate. such declaration was made, the af- leagues support in adding this legislation to Mr. LEWIS of California. Mr. Chair- fected communities would be eligible the supplemental to represent a strong House man, will the gentleman yield? for aid under this bill, as in my case, position on these needed exemptions. Mid- Mr. ADERHOLT. I yield to the gen- where communities have been finan- western flood victims, other disaster victims tleman from California. cially devastated by the costs of emer- and financial institutions struggling to bring es- Mr. LEWIS of California. Mr. Chair- gency snow removal. sential credit and normalcy to the communities man, I appreciate the gentleman from Mr. LEWIS of California. Mr. Chair- need this strong waiver authority as soon as Alabama bringing this important mat- man, will the gentleman yield? possible. Support the Vento amendment to ter to my attention. We certainly will Mr. STUPAK. I yield to the gen- provide additional disaster relief through finan- be working with the gentleman as we tleman from California. cial institutions and through CDBG and HOME go towards final passage of the bill. We Mr. LEWIS of California. Mr. Chair- waivers. will do everything we can to work with man, the gentleman from Michigan is Mr. LEWIS of California. Mr. Chair- the gentleman, and I appreciate his at- correct, a disaster declaration by the man, will the gentleman yield? tention. Governor must be made first. Mr. VENTO. I yield to the gentleman Mr. ADERHOLT. Mr. Chairman, I Mr. STUPAK. Mr. Chairman, re- from California. thank the gentleman. claiming my time, to clarify further, Mr. LEWIS of California. Mr. Chair- The CHAIRMAN. Are there addi- we would have to change current law in man, we have seen the amendment, we tional amendments? order for these communities to receive agree with the amendment and accept b 2030 Federal assistance without a declara- it. tion from the Governor. But due to Mr. LIVINGSTON. Mr. Chairman, if Mr. STUPAK. Mr. Chairman, I move House rules, such an amendment would the gentleman will yield further, the to strike the last word. not be in order on this bill. majority has no objection to the gen- Mr. Chairman, I would like to engage Mr. LEWIS of California. Mr. Chair- tleman’s amendment. the chairman, the gentleman from man, if the gentleman will continue to Mr. VENTO. Mr. Chairman, I appre- California [Mr. LEWIS] in a colloquy yield, again, the gentleman from ciate the support of the Chairman of about the availability of emergency Michigan is correct. Without a disaster the Committee on Appropriations [Mr. funds for communities that have been assistance declaration from the Gov- LIVINGSTON], and the gentleman from devastated by catastrophic snow- ernor, followed by a similar declara- Iowa [Mr. LEACH] and others that have storms. tion from the President, Michigan or worked with us on this, and cosponsors, As I am sure the gentleman is aware, any other State cannot access funds and the gentlewoman from New Jersey the past two winters brought record- under this supplemental appropriations [Mrs. ROUKEMA]. breaking snowfalls across the United bill. The CHAIRMAN. The question is on States. In my district, which includes Mr. STUPAK. Mr. Chairman, I thank the amendment offered by the gen- the Upper Peninsula and the upper sec- the gentleman from California. tleman from Minnesota [Mr. VENTO]. tion of the Lower Peninsula of Michi- Mr. Chairman, the Stafford Act re- The amendment was agreed to. gan, there were areas that received a quires that a major disaster request H2770 CONGRESSIONAL RECORD — HOUSE May 15, 1997 must be based on a situation of such scission for the THAAD program, a ture years to restore funds, if nec- severity and magnitude that effective centerpiece for our theater missile de- essary, to keep the program on track. response is ‘‘beyond the capabilities of fense effort that enjoys broad biparti- I am, however, concerned that the State and local governments and sup- san support in this body. It is my un- committee’s actions may be inter- plemental Federal assistance is re- derstanding that this rescission only preted outside Congress as a sign that quired.’’ affects a portion of fiscal year 1996 pro- support for the program is waning, or What about those situations where it gram funds which could not be obli- that we are no longer supporting an ag- is beyond the capabilities of local gov- gated before they expire on September gressive schedule. I say that because I ernments, but the State refuses to act? 30 of this year due to an in-depth pro- am told the administration may pro- I would hope that politics do not be- gram review. pose reducing THAAD over future year come a factor when our citizens cry out I also understand that the committee defense plans by as much as $2 billion. for help, but unfortunately, that seems supports efforts to resume testing as Such a move would kill the program, to be the case sometimes. soon as feasible after completion of the and is unacceptable. Mr. Chairman, currently our system review, and that there are adequate Mr. YOUNG of Florida. If the gen- of Federal assistance is like a chain, program funds remaining to accom- tleman will continue to yield, Mr. with each link dependent upon the plish that goal in 1997. Chairman, as I stated earlier, the com- other. When a disaster strikes, our citi- Mr. YOUNG of Florida. Mr. Chair- mittee only approved this rescission zens desperately cling to the bottom of man, will the gentleman yield? after it was determined there would be this chain, or lifeline, if you will, while Mr. WELDON of Pennsylvania. I no impact on planned fiscal year 1997 waiting for help from above. If one link yield to the gentleman from Florida. testing efforts. The committee did not in the chain fails, however, our citi- Mr. YOUNG of Florida. Mr. Chair- and would not approve any action zens’ needs fall by the wayside. man, I would respond that the sub- which would delay program develop- I do not believe that the well-being of committee made every effort to offset ment. our citizens should rest solely with a all of the defense supplementals for the In the early stages of the THAAD chain that could contain a faulty link. Bosnian deployment from funds from program success was all over the place, I believe there needs to be a safety line, the Department of Defense. We did that but recent tests have been not quite as one that you hope will never have to be successfully. We were extremely care- successful, so the review is necessary. used, but that exists should the current ful to look at programs where the fund- But this rescission should have no im- system fail to ensure that we do not ing would have expired because the pact on the ability to deploy a user drop our citizens that are desperately programs had been delayed. operational evaluation system by 1999. seeking help. I would say to the gentleman that he We are committed to getting this sys- In an attempt to exhaust every possi- is absolutely correct. Missile defense tem and other critical theater missile bility to help my citizens, I offered an systems to protect our troops is one of defense systems into the field to pro- amendment before the Committee on our highest priorities. THAAD remains tect our troops at the earliest possible Rules that sought to address this mat- one of the highest priorities in the mis- date. ter. However, it was not made in order. sile defense program. We are commit- Mr. WELDON of Pennsylvania. Re- I realize that this bill is not a proper ted to providing adequate funds to keep claiming my time, Mr. Chairman, I vehicle for this legislation. Therefore, I the program on track. thank the gentleman for that clarifica- hope to work with the committee to Our recommendation to rescind a tion. I thank the committee and the address this situation in a more appro- portion of 1996 funds was strictly one of full committee chairman. priate manner in the future. timing. Due to the ongoing program re- The CHAIRMAN. Are there further Mr. LEWIS of California. Mr. Chair- view and resulting schedule changes, amendments? man, if the gentleman will continue to all of the fiscal year 1996 funds could AMENDMENT NO. 21 OFFERED BY MR. HOYER yield, I believe the gentleman under- not have been executed by September Mr. HOYER. Mr. Chairman, I offer stands that the committee makes 30, the date when they would expire. amendment No. 21. The name of the every effort to work with Members of However, there are still sufficient 1996 gentlewoman from the District of Co- funds remaining, as well as fiscal year the body who have problems of this lumbia [Ms. NORTON] is on it. kind. 1997 funds, to carry the program for- The CHAIRMAN. The Clerk will des- There must be interaction between ward. The department assures us that ignate the amendment. the States that are involved with the there are adequate funds to resume The text of the amendment is as fol- committee, but, indeed, I agree with testing later this year upon completion lows: the gentleman from Michigan’s con- of the review. Amendment No. 21 offered by Mr. HOYER: cerns. I appreciate his leadership on be- Mr. WELDON of Pennsylvania. Re- Page 51, after line 23, insert the following: half of his constituents, and I look for- claiming my time, Mr. Chairman, I ap- SEC. 3003. (a) Chapter 63 of title 5, United ward to working with him in the future preciate the chairman’s assurances States Code, is amended by adding after sub- in this matter. There must be, how- that this rescission will not hamper chapter V the following: ever, cooperation that is more than the fiscal year 1997 THAAD effort, and ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN just a one-way street. of the committee’s continued commit- DISASTERS AND EMERGENCIES Mr. STUPAK. Mr. Chairman, re- ment to the program. As chairman of ‘‘§ 6391. Authority for leave transfer program claiming my time, again, I thank my the Subcommittee on Military Re- in disasters and emergencies distinguished colleague from California search and Development, I will work ‘‘(a) For the purpose of this section— for his leadership. with the gentleman to ensure there are ‘‘(1) ‘employee’ means an employee as de- Mr. WELDON of Pennsylvania. Mr. no program setbacks after 1997 due to fined in section 6331(a); and Chairman, I move to strike the last inadequate funding. ‘‘(2) ‘agency’ means an Executive agency word. It has been 6 years, Mr. Chairman, ‘‘(b) In the event of a major disaster or since we lost 28 service members to a emergency, as declared by the President, Mr. Chairman, I would like to engage that results in severe adverse effects for a the chairman of the Subcommittee on Scud attack in Dhahran, and there is substantial number of employees, the Presi- National Security in a colloquy. still no system in place to prevent a dent may direct the Office of Personnel Man- Mr. Chairman, I would ask the chair- similar attack in theater. It is abso- agement to establish an emergency leave man of the subcommittee, in order to lutely essential that we provide the transfer program under which any employee pay for the many unforeseen costs in funding to get this system in the field in any agency may donate unused annual this bill while meeting our fiscal re- for our troops at the earliest possible leave for transfer to employees of the same sponsibilities, the committee was date, especially with North Korea’s de- or other agencies who are adversely affected forced to offset funding with cor- ployment of the No Dong missile. I am by such disaster or emergency. ‘‘(c) The Office shall establish appropriate responding cuts in programs through- confident that nothing we are doing in requirements for the operation of the emer- out the Government. this bill will prevent us from moving gency leave transfer program under sub- In the case of the Department of De- forward at this time. We will have op- section (b), including appropriate limitations fense, that resulted in a $40 million re- portunities in fiscal year 1998 and in fu- on the donation and use of annual leave May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2771 under the program. An employee may re- Management to set up a special leave trans- I have in my hand a GAO report ceive and use leave under the program with- fer program to assist Federal employees ad- dated December 19, 1996, from which I out regard to any requirement that any an- versely affected by a major disaster or emer- wish to quote. This report said as fol- nual leave and sick leave to a leave recipi- gency. It would allow individual employees lows: ‘‘Air Force Materiel Command ent’s credit must be exhausted before any and agency leave banks to donate leave transferred annual leave may be used. which could be reallocated to those in need analyzed potential savings from work- ‘‘(d) A leave bank established under sub- within the same or other agencies. load consolidation, including how in- chapter IV may, to the extent provided in 2. This amendment is noncontroversial. It creasing the efficiency of underused regulations prescribed by the Office, donate is based upon a proposal sent to the Congress military depots would lower fixed over- annual leave to the emergency leave transfer by OPM on behalf of the Clinton Administra- head rates. This analysis showed that program established under subsection (b). tion. Its provisions are identical to legisla- annual savings of $367 million can be ‘‘(e) Except to the extent that the Office tion introduced in 1995 by Senate Appropria- achieved through consolidation of tions Chairman Ted Stevens which passed may prescribe by regulation, nothing in sec- workloads and remaining DOD depots. tion 7351 shall apply to any solicitation, do- both the Senate and the House during the nation, or acceptance of leave under this sec- 104th Congress. Senator Stevens’ bill was not Further, an additional $322 million can tion. enacted because unrelated legislation (Rep. also be saved by relocating workload to ‘‘(f) The Office shall prescribe regulations Mica’s veterans preference bill) was attached depots that already have lower hourly necessary for the administration of this sec- to it on the House floor and the Senate failed rates.’’ tion.’’. to take up the amended bill before adjourn- Instead of following the directives of (b) The analysis for chapter 63 of title 5, ment. the BRAC commission, the President United States Code, is amended by adding at 3. The Congressional Budget Office pre- moved to privatize these depots in the end the following: pared an estimate of this legislation prior to its consideration by the House last Septem- place, thereby, simply stated, wasting ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN taxpayers’ money. DISASTERS AND EMERGENCIES ber. CBO determined that it would not affect direct spending or receipts and would other- There are things that we should and ‘‘6391. Authority for leave transfer program wise have no significant budgetary impact. could do to encourage public-private in disasters and emergencies.’’. Mr. Chairman, I ask unanimous consent that partnerships in order to increase effi- Mr. HOYER. Mr. Chairman, this CBO’s letter be made a part of this hearing ciency of our maintenance structure, amendment is an amendment that has record. but privatization for the sake of poli- passed the House, has passed the Sen- 4. Civil Service Subcommittee Chairman tics is not the answer. In the next sev- John Mica supports this legislation and is ate. I believe there is agreement on eral days the Secretary of Defense will both sides of the aisle, and it deals for it being attached to the Supplemental Appropriations bill. be putting out the Quadrennial Defense with emergency leave for Federal em- Mr. LIVINGSTON. Mr. Chairman, Review. He will recommend further ployees adversely affected by a disaster will the gentleman yield? base closings and reforms in our main- such as we are dealing with in this bill, Mr. HOYER. I yield to the gentleman tenance system in an effort to fund and any time that the President de- from Louisiana. badly-needed modernization. Mean- clares a disaster. Mr. LIVINGSTON. I thank the gen- while, past savings from these initia- Mr. Chairman, on behalf of Ms. NORTON, I tleman for yielding, Mr. Chairman. tives are unknown in many cases, and am pleased to offer an amendment to set up Mr. Chairman, the majority has re- in many cases, overstated. a leave bank for Federal employees affected viewed the amendment. We think it is Mr. Chairman, we simply cannot pro- by the recent flood disasters in the Midwest. in the interests of good government. ceed with further base closings until This amendment would allow the Office of We would accept it, and certainly we the BRACC process of 1995 is com- Personnel Management to establish a leave have no objection. pleted. We must not further waste tax- transfer program whenever the President de- Mr. HOYER. Mr. Chairman, it is my payer money by continuing these bases clares a major disaster or emergency. understanding that the ranking Mem- to remain open. No one can question the need to help the ber also agrees with the Norton amend- Mr. LIVINGSTON. Mr. Chairman, men and women who are affected by these ment, is that correct? will the gentleman yield? disasters. Mr. OBEY. Mr. Chairman, will the Mr. CHAMBLISS. I yield to the gen- They may have injuries or illnesses that re- gentleman yield? tleman from Louisiana. quire extensive recovery periods. Mr. HOYER. I yield to the gentleman Mr. LIVINGSTON. Mr. Chairman, I Or they may simply need additional annual from Wisconsin. appreciate the gentleman yielding to leave to rebuild their home, help neighbors re- Mr. OBEY. Mr. Chairman, if it is Nor- me. I certainly support his statement. plant crops, or stay with children while dam- ton, I am for it. I might ask, does the gentleman in- aged schools are repaired. Mr. HOYER. Mr. Chairman, I move tend to withdraw his amendment? It makes sense to let other Federal employ- the adoption of the amendment. Mr. CHAMBLISS. Mr. Chairman, I do ees help those who are in need. There would The CHAIRMAN. The question is on intend to withdraw my amendment. be no cost to the Government under the amendment offered by the gentleman b 2045 amendment. from Maryland [Mr. HOYER]. Federal employees are generous people. The amendment was agreed to. AMENDMENT OFFERED BY MR. SAM JOHNSON OF They contribute millions each year to the Mr. CHAMBLISS. Mr. Chairman, I TEXAS Combined Federal Campaign. In fact, since move to strike the last word. Mr. SAM JOHNSON of Texas. Mr. 1964 CFC has collected almost $3 billion in Mr. Chairman, it was my original in- Chairman, I offer an amendment. voluntary contributions for a wide range of tention to offer an amendment tonight The Clerk read as follows: charities. that would rescind $689 million from Amendment offered by Mr. SAM JOHNSON of They volunteer in their communitiesÐsuch Air Force procurement accounts and Texas: Page 51, after line 23, insert the following: as Treasury's program to help provide men- direct that these savings go to debt re- tors for the D.C. public schools. tirement. This figure represents the APPROVAL OF CERTAIN PLANS FOR INTEGRATED ENROLLMENT SERVICES And it might surprise a few of my colleagues amount of money that currently is being wasted by the United States Air SEC. 3003. (a) Notwithstanding any other who love to denigrate Federal workers, that provision of law, any State plan (including many actually give back annual leave at the Force, according to its own reporting, any subsequent technical, clerical, and clari- end of each yearÐvoluntarily working days by not implementing the dictates of fying corrections submitted by the State) re- they don't have to because of their dedication the 1995 BRAC commission. During the lating to the integration of eligibility deter- to their jobs. BRACC process in 1995, the five Air minations and enrollment procedures for It makes sense to allow such employees to Force depots were thoroughly reviewed Federally-funded public health and human share that leave with others who need it. by the BRAC commission. The BRAC services programs administered by the De- This leave bank is a great idea and I urge commission directed that two of those partment of Health and Human Services and depots, namely Kelly Air Force Base in the Department of Agriculture through the adoption of the amendment. use of automated data processing equipment TALKING POINTS ON NORTON AMENDMENT TO Texas, McClellan Air Force Base in or services which was submitted by a State THE SUPPLEMENTAL APPROPRIATIONS BILL California, be closed because they were to the Secretary of Health and Human Serv- 1. This amendment would simply allow the creating an inefficiency problem with- ices and to the Secretary of Agriculture President to direct the Office of Personnel in the five Air Force depots. prior to October 18, 1996, and which provides H2772 CONGRESSIONAL RECORD — HOUSE May 15, 1997 for a request for offers described in sub- Mr. STENHOLM. Mr. Chairman, I grated enrollment system. The Texas section (b), is deemed approved and is eligi- thank the gentleman for yielding to Legislature determined that a private ble for Federal financial participation in ac- me. contractor, working in partnership cordance with the provisions of law applica- I rise in support of the amendment with a public agency, might be able to ble to the procurement, development, and operation of such equipment or services. and would say one of the key features make the transition to an integrated (b) A request for offers described in this of the welfare reform legislation that process more efficiently than the cur- subsection is a public solicitation for propos- we passed last year was the principle rent structure and achieve savings that als to integrate the eligibility determination that States should be allowed to try in- could be used to assist needy individ- functions for various Federally and State novative approaches to improve the uals more directly. funded programs within a State that utilize welfare system. I would like to take I don’t know if that assumption is financial and categorical eligibility criteria this opportunity to encourage the ad- correct. Some of my colleagues have through the development and operation of ministration to approve the waiver al- automated data processing systems and serv- raised valid concerns about the impact ices. lowing Texas to explore the possibility that privatization could have on the of contracting out part of the welfare welfare system. But we are not debat- Mr. SAM JOHNSON of Texas (during eligibility system. the reading). Mr. Chairman, I ask ing whether or not privatization is a The Texas integrated enrollment sys- good idea. All we are debating—or at unanimous consent that the amend- tem would allow private vendors to ment be considered as read and printed least all we should be debating—is compete with a public agency for a whether Texas should be allowed to ex- in the RECORD. contract to develop and operate an in- plore the options of allowing private The CHAIRMAN. Is there objection tegrated enrollment system. The Texas to the request of the gentleman from contractors to administer a part of the legislature determined that a private welfare system. It is not possible for Texas? contractor working in partnership with There was no objection. anyone to know what impact privatiza- the public agency might be able to tion will have until the bids are sub- Mr. LIVINGSTON. Mr. Chairman, I make the transition to an integrated reserve a point of order on the gentle- mitted. I would say to those who op- process more efficiently than the cur- pose privatization as well as those who man’s amendment. rent structure and achieve savings that The CHAIRMAN. The gentleman re- support privatization: Let’s wait and could be used to assist needy individ- see what proposals are made for privat- serves a point of order against the uals more directly. amendment. ization before we jump to a conclusion I do not know if that assumption is either way. Mr. SAM JOHNSON of Texas. Mr. correct or not. Some of my colleagues Chairman, this amendment simply Injecting some competition into this have raised valid concerns about the process may produce a welfare system tries to rectify an injustice against the impact that privatization would have State of Texas, who has been trying to that is better for welfare recipients and on the welfare system. But we are not taxpayers. I would hope that those who resolve a welfare problem for some debating whether or not privatization time and getting no response out of the oppose privatization will put their en- is a good idea. All we are debating or at ergy into improving the current sys- administration. least all we should be debating is Texas, Florida, Arizona, Wisconsin tem instead of trying to prevent any whether Texas should be allowed to ex- competition. have all worked to meet the challenge plore the options of allowing private Approving the Texas waiver request that Congress and the President issued contractors to administer a part of the does not necessarily mean that Texas in last year’s welfare bill to design in- welfare system. novative welfare systems. Specifically, It is not possible for anyone to know will privatize any part of the welfare Texas has designed a system that ac- what impact privatization will have system. The Federal Government still complishes two important things: until the bids are submitted. I would must approve any contract with a pri- First, it consolidates 21 existing pro- say to those who oppose privatization vate company before any privatization grams into one, making it much sim- as well as those who support it, let us can become final. We should wait until pler for welfare recipients to receive wait and see what proposals are made we see the proposals from private com- and collect benefits. for privatization before we jump to a panies before we decide whether or not Second, it saves the taxpayers $10 conclusion either way. privatization makes sense. We can’t million a month or about $120 million a I regret this issue has become so po- honestly debate the merits of privat- year. Those savings, put back into the liticized. I would urge all parties in- ization until we know the facts about welfare system, could provide health volved to cool our rhetoric and try to what privatization will mean. coverage for an additional 150,000 chil- work together to find a way to allow If the bids by private contractors dren a year. But it has been 10 months Texas to explore this option while pro- don’t adequately address the concerns since Texas submitted its proposal, and viding safeguards against the concerns that have been raised about the impact to this day they still have not received we all share. that privatization will have on individ- a satisfactory answer from the Federal I know Governor Bush and Commis- uals applying for assistance and on the Government. sioner McKinney are committed to current employees, or if the public sec- The administration will not approve finding a constructive solution and be- tor can demonstrate that they can ad- the proposal because of pressure from lieve that the administration is willing minister welfare programs more effi- the unions, and they will not deny the to work with them as well. I hope they ciently and effectively than any of the proposal because it would contradict will continue their dialogue to find a private contractors, I will be the first everything that this administration, solution that will allow Texas to move to argue that we shouldn’t go forward the President, has said about ending forward with this proposal. with privatization. welfare as we know it. So the result is One of the key features of the welfare I regret that this issue has become so that the citizens of Texas and every reform legislation that we passed last politicized. I would urge all parties in- other State needlessly suffer. year was the principle that States volved to cool our rhetoric and try to This amendment is necessary because should be allowed to try innovative ap- work together to find a way to allow we do not want any other State to have proaches to improve the welfare sys- Texas to explore this option while pro- to battle and fight like Texas has for tem. I would like to take this oppor- viding safeguards against the concerns the ability to do what is best for its tunity to encourage the administration we all share. I know Governor Bush and citizens. to approve the waiver allowing Texas Commissioner McKinney are commit- Mr. Chairman, Texas and the rest of to explore the possibility of contract- ted to finding a constructive solution, the Nation’s Governors deserve an an- ing out part of the welfare eligibility and believe that the administration is swer from the administration. system. willing to work with them as well. I Mr. STENHOLM. Mr. Chairman, will The Texas integrated enrollment sys- hope that they will continue their dia- the gentleman yield? tem would allow private vendors to log to find a solution that will allow Mr. SAM JOHNSON of Texas. I yield compete with public agencies for a con- Texas to move forward with this pro- to the gentleman from Texas. tract to develop and operate an inte- posal. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2773 Mr. SAM JOHNSON of Texas. Mr. Mr. LIVINGSTON. The gentleman With the efforts being made to bal- Chairman, this issue is of great impor- from Texas offered a request to with- ance the budget, it seems entirely ap- tance to the entire country. When we draw his own amendment, and we are propriate, Mr. Chairman, that we pro- have the chance to help those less for- now debating that? hibit the administration from spending tunate, especially their children, noth- The CHAIRMAN. The gentleman $1 million, which it proposes to do, on ing, including political interests, from Texas is reserving the right to ob- a study to evaluate the so-called me- should stand in our way. ject to the unanimous-consent request dicinal uses of marijuana. We should Let me tell the gentleman that to- of the gentleman from Texas, Mr. SAM not do this at any time, but especially morrow Mr. Erskine Bowles has agreed JOHNSON, to withdraw the amendment. not when we have many truly pressing to meet with some of us and try to re- Mr. LIVINGSTON. I thank the Chair. law enforcement needs. solve this question. I just wanted to be sure. This amendment, Mr. Chairman, Ms. JACKSON-LEE of Texas. Mr. Chair- The CHAIRMAN. The gentleman would strictly restrict the drug czar man, if the gentleman would yieldÐI oppose from Texas could withdraw his objec- from using any money on a study of the gentleman's amendment that relates to tion and strike the last word. this kind. This amendment is consist- seeking a waiver for the Texas welfare plan Mr. GREEN. Mr. Chairman, continu- ent with the professed explicit policy allowing for the computerization and privatiza- ing my reservation of objection, I was of the administration to oppose the le- tion of determining eligibility for benefits under not going to take the time of the Con- galization of marijuana or any other the plan. gress tonight except my colleagues controlled substances. First it is a violation to take eligibility deter- brought a local issue of Texas to the I quote from the testimony of Gen- mination away from the government process. floor of this House. That is why I think eral McCaffrey. ‘‘We are unalterably Second, Representatives of the Texas legisla- we should be concerned, because this opposed to the legalization of drugs or ture feel this plan as proposed is wrong-head- battle is being fought in the Texas leg- the surreptitious legalization of drugs ed; and if we act on this amendment we would islature right now. And if we believe in under the guise of medicinal uses.’’ be interfering with the legal position that State local control, then let us let that hap- Therefore, Mr. Chairman, this employees should determine eligibility. Third, I pen. amendment I believe is in keeping with will not tolerate the dehumanizing of my most Mr. Chairman, I withdraw my res- the professed policy of this administra- needy constituentsÐmothers, children, and ervation of objection. tion to continue its efforts to oppose the elderly in the 18th Congressional District The CHAIRMAN. Is there objection the legalization of marijuana, includ- by taking away the ``reasonable human factor'' to the request of the gentleman from ing so-called legalization purporting to in determining eligibility. Last week the chief of Texas? have so-called medicinal uses. I urge staff for the President agreed to my request to There was no objection. the adoption of this amendment. It hold a meeting on the issue to hear from The CHAIRMAN. The amendment is simply restricts funding and is in order those of us in the Texas Congressional Dele- withdrawn. at this time. gation who oppose this computerization plan. Are there further amendments to the POINT OF ORDER The President should disallow this untenable bill? The CHAIRMAN. Does the gentleman plan. The Clerk will read. from Wisconsin [Mr. OBEY] insist on his Mr. SAM JOHNSON of Texas. Mr. The Clerk read as follows: Chairman, I ask unanimous consent to point of order? This Act may be cited as the ‘‘1997 Emer- Mr. OBEY. Mr. Chairman, I make a withdraw the amendment. gency Supplemental Appropriations Act for The CHAIRMAN. Is there objection point of order against the amendment. Recovery from Natural Disasters, and for It proposes to change existing law, con- to the request of the gentleman from Overseas Peacekeeping Efforts, Including Texas? Those in Bosnia’’. stitutes legislation on our appropria- Mr. GREEN. Mr. Chairman, reserving tion bill, violates clause 2, rule XXI. The CHAIRMAN. Are there further The CHAIRMAN. Does the gentleman the right to object, we have heard this amendments to the bill? last colloquy between my colleagues from Georgia [Mr. BARR] wish to be AMENDMENT NO. 4 OFFERED BY MR. BARR OF heard on the point of order? from Texas. Let me give you, as Paul GEORGIA Harvey would say, the rest of the story. Mr. BARR of Georgia. Mr. Chairman, Mr. BARR of Georgia. Mr. Chairman, I ask unanimous consent to withdraw This is not as easy as they would say I offer an amendment. because the White House has given a that amendment, and I have another The CHAIRMAN. The Clerk will des- one at the desk. response. It is not a response that ignate the amendment. maybe the gentleman from Texas, Mr. The CHAIRMAN. Is there objection The text of the amendment is as fol- to the request of the gentleman from SAM JOHNSON, wants or my good friend, lows: the gentleman from Texas, Mr. STEN- Georgia? Amendment No. 4 offered by Mr. BARR of There was no objection. HOLM. But it is a response that is rea- Georgia: The CHAIRMAN. The amendment is soned and it will work and it is also a SEC. . USE OF FUNDS FOR STUDIES OF MEDICAL withdrawn. response that I hope the Texas legisla- USE OF MARIJUANA. ture is dealing with right now. None of the funds appropriated by this Act AMENDMENT OFFERED BY MR. BARR OF GEORGIA The concern some of us have on this or any other Act shall be used now or here- Mr. BARR of Georgia. Mr. Chairman, side of the aisle is that we do not par- after in any fiscal year for any study of the I offer an amendment. ticularly want a blanket waiver, which medicinal use of marijuana. The Clerk read as follows: is what is being requested. We want to Mr. LIVINGSTON. Mr. Chairman, I Amendment Offered by Mr. BARR of reserve a point of order against the Georgia: have the competition and also what the Page 51, after line 23, insert the following: private business can do without deter- amendment. SEC. . USE OF FUNDS FOR STUDIES OF MEDI- mining the eligibility. The CHAIRMAN. The gentleman CAL USE OF MARIJUANA. Let me tell my colleagues what this from Louisiana reserves a point of None of the funds appropriated by this Act blanket waiver request would do. order. shall be used for any study of the medicinal PARLIAMENTARY INQUIRY Mr. OBEY. Mr. Chairman, I also re- use of marijuana. Mr. LIVINGSTON. Mr. Chairman, I serve a point of order against the Mr. BARR of Georgia. Mr. Chairman, have parliamentary inquiry. amendment. I would simply direct my colleague’s The CHAIRMAN. The gentleman will The CHAIRMAN. The gentleman attention to my remarks previously state it. from Wisconsin reserves a point of and note that this amendment does es- Mr. LIVINGSTON. Mr. Chairman, are order. sentially the same thing as the pre- we not debating the issue of whether or Mr. BARR of Georgia. Mr. Chairman, vious one, which the language was not not the gentleman is entitled to with- this amendment would prohibit the Di- quite in keeping. This simply provides draw his amendment? rector of the Office of National Drug that none of the funds appropriated by The CHAIRMAN. That unanimous- Control Policy, the so-called drug czar, this act shall be used for any study of consent request is pending. The gen- from using any money under this legis- the medicinal uses of marijuana. tleman is correct. The gentleman from lation to study the legalization for so- As I stated previously, and I would Texas is reserving the right to object. called medicinal uses of marijuana. respectfully direct the attention of my H2774 CONGRESSIONAL RECORD — HOUSE May 15, 1997 colleagues on both sides of the aisle to left here in several respects, most cer- The SPEAKER pro tempore. The my previous remarks, that this is in tainly because it is not now in balance. question is on the passage of the bill. keeping with the professed explicit pol- I did not support the Neumann Pursuant to clause 7 of rule XV, the icy of the administration that they are amendment because I did not want to yeas and nays are ordered. unalterably opposed to the legalization see FEMA funds reduced, but I cer- The vote was taken by electronic de- of any drugs including for surreptitious tainly am in a massive state of confu- vice, and there were— yeas 244, nays purposes under the guise of medicinal sion about what the policy of this 178, answered ‘‘present’’ 1, not voting use. House is supposed to be with respect to 10, as follows: This is an effort, Mr. Chairman, to offsets. [Roll No. 136] I do know this bill is not going any- make sure that $1 million, which they YEAS—244 may want to use, at least the funds for where, but if it does in its present form, it would simply mean we will Abercrombie Goodling Packard that purpose, do not come out of this Aderholt Gordon Pappas legislation. have a significant addition to the defi- Archer Goss Parker Mr. OBEY. Mr. Chairman, I move to cit, and I do not think that is what Armey Granger Paxon Members wanted to do when they Bachus Greenwood Pease strike the last word. Baesler Gutierrez Peterson (MN) I would simply say there are no mon- started out today. Baker Gutknecht Peterson (PA) eys in this legislation for any studies Mr. LIVINGSTON. Mr. Chairman, I Ballenger Hall (OH) Pickering of the medicinal use of marijuana. move to strike the last word. Barcia Hall (TX) Pickett Mr. Chairman, we brought to the Barr Hamilton Pitts Therefore, the amendment has abso- floor today a very good bill. It was paid Barrett (NE) Hansen Pombo lutely no effect and it is immaterial Bartlett Harman Pomeroy for, and it provided very necessary and whether it is adopted or not. Barton Hastert Porter needed relief to the citizens of some 35 Bateman Hastings (FL) Portman The CHAIRMAN. Is there further dis- States that have been devastated by Bereuter Hastings (WA) Price (NC) cussion? Berry Hayworth Pryce (OH) natural disasters. Bilbray Hefley Quinn The question is on the amendment The gentleman from Wisconsin has offered by the gentleman from Georgia Bilirakis Herger Radanovich said that we have a confused situation. Bishop Hill Rahall [Mr. BARR]. Well, I want to clear up the confusion. Bliley Hobson Ramstad The amendment was agreed to. I want to take this bill, as it has been Blunt Holden Regula The CHAIRMAN. Are there addi- Boehner Hooley Reyes amended by the body, to conference; tional amendments? Bonilla Horn Riggs and I can assure Members on both sides Bono Hostettler Riley Mr. OBEY. Mr. Chairman, I move to of the aisle we will clear up the confu- Boyd Houghton Roemer strike the last word. Brady Hoyer Rogan sion, and when the bill comes back Mr. Chairman, when this bill came to Bryant Hunter Rogers from conference it will be paid for, and Bunning Hutchinson Ros-Lehtinen the floor, it was in shape to be sup- it will provide the necessary relief for Buyer Hyde Roukema ported on a bipartisan basis and it was Callahan Istook Sabo our citizens. Calvert Jenkins Sanchez in shape that was going to be signed by So, notwithstanding any partisan dif- the President. At least that was my un- Camp Johnson (CT) Saxton ferences we may have had on the floor Canady Johnson, Sam Schaefer, Dan derstanding. Now, with the adoption of on one issue or another today, give us Cannon Kaptur Sessions the Gekas amendment tonight, it is the opportunity to go to conference Capps Kasich Shaw pretty apparent that this bill is on a Cardin Kelly Sherman and bring the bill back. Members will Chabot Kennedy (MA) Shimkus collision course with the President. have a good bill. It will be paid for, and Chambliss Kim Shuster b 2100 before we go off on recess the American Christensen King (NY) Sisisky Clayton Kleczka Skeen I would simply observe that this body people will have some relief for the Clement Knollenberg Smith (NJ) appears to be in such a hurry to get in natural disasters that they have faced. Combest Kolbe Smith (OR) Condit LaHood Smith (TX) yet another conflict with the White Mr. Chairman, I urge the adoption of this bill. Cook Lantos Smith, Adam House that it is willing to leave the Cooksey Latham Smith, Linda The CHAIRMAN. If there are no House in a State of total confusion, Crane LaTourette Snowbarger other amendments, under the rule the Crapo Lazio Spence and the Nation as well. Committee rises. Cummings Leach Spratt Three years ago, I remember being Accordingly the Committee rose; and Cunningham Lewis (CA) Stabenow told by many Members on the other Danner Lewis (KY) Strickland the Speaker pro tempore [Mr. LAHOOD] side of the aisle that the Mississippi Davis (VA) Linder Stump having assumed the chair, Mr. COM- DeLay Lipinski Sununu flood should not be funded until every BEST, Chairman of the Committee of Diaz-Balart Livingston Talent dollar that was expended for that flood Dickey LoBiondo Tanner the Whole House on the State of the Dingell Lofgren Tauscher was offset in both budget authority and Union, reported that that Committee, outlays. Then the rule seemed to Doolittle Lucas Tauzin having had under consideration the Dreier Luther Taylor (MS) change over the past year and a half. bill, (H.R. 1469) making emergency sup- Dunn Manzullo Taylor (NC) Ehrlich Matsui Thomas Then the rule seemed to be, well, at plemental appropriations for recovery least it ought to be offset only with re- Emerson McCarthy (NY) Thornberry from natural disasters, and for over- English McCollum Thune spect to budget authority. Now, given seas peacekeeping efforts, including Ensign McCrery Thurman the action which struck some $1.6 bil- Etheridge McDade Traficant those in Bosnia, for the fiscal year end- Everett McHale Vento lion on a point of order tonight, this ing September 30, 1997, and for other bill now has a $1.6 billion hole. Ewing McHugh Walsh purposes, pursuant to House Resolution Fawell McIntyre Wamp So it seems to me that in addition to 149, he reported the bill back to the Fazio McKeon Watt (NC) Foley Meek Watts (OK) putting this bill on a track for a veto, House with sundry amendments adopt- which will mean the needed disaster as- Forbes Metcalf Weldon (FL) ed by the Committee of the Whole. Fowler Miller (FL) Weldon (PA) sistance will not be delivered, it also The SPEAKER pro tempore. Under Fox Minge Weller leaves us in a total state of confusion the rule, the previous question is or- Franks (NJ) Moran (KS) White about what the policy of this House is Frelinghuysen Moran (VA) Whitfield dered. Gallegly Morella Wicker supposed to be with respect to whether Is a separate vote demanded on any Ganske Myrick Wise or not disasters are supposed to be off- amendment? If not, the Chair will put Gekas Nadler Wolf set or not. I would simply suggest that them en gros. Gibbons Nethercutt Woolsey that gives us two good reasons to vote Gilchrest Ney Wynn The amendments were agreed to. Gillmor Northup Young (AK) against this bill. The SPEAKER pro tempore. The Gilman Oberstar Young (FL) I do not understand how we can have question is on the engrossment and Goode Ortiz a changing standard depending upon third reading of the bill. Goodlatte Oxley which natural disaster we are faced The bill was ordered to be engrossed NAYS—178 with. So it seems to me that this bill is and read a third time, and was read the Ackerman Baldacci Bass in far worse shape than it was when it third time. Allen Barrett (WI) Becerra May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2775 Bentsen Gephardt Norwood ized to correct section numbers, punc- day to give thanks for our mothers and Berman Gonzalez Nussle Blagojevich Graham Obey tuation, cross references, and to make praise them and honor them. But this Blumenauer Green Olver other conforming changes as may be past Sunday also was an important day Bonior Hilleary Owens necessary to reflect the actions of the to many in this Nation, but for a more Borski Hilliard Pallone House today. sinister reason. It was the one-year an- Boswell Hinchey Pascrell Boucher Hinojosa Pastor The SPEAKER pro tempore [Mr. niversary of the ValuJet crash. Brown (CA) Hoekstra Paul LAHOOD]. Is there objection to the re- It was a crash that could have been Brown (FL) Hulshof Payne quest of the gentleman from Louisi- Brown (OH) Inglis Pelosi avoided, Mr. Speaker, with either Burr Jackson (IL) Petri ana? smoke detectors and fire suppression Burton Jackson-Lee Poshard Mr. OBEY. Mr. Speaker, I am reserv- systems or by prohibiting armed oxy- Campbell (TX) Rangel ing the right to object, I could not hear gen canisters in some cargo holds. Carson John Rivers the gentleman and I was wondering, Castle Johnson (WI) Rodriguez Transporting armed oxygen canisters Chenoweth Johnson, E. B. Rohrabacher what is the nature of the corrections? in unreachable holds is unlawful today, Clay Jones Rothman Mr. LIVINGSTON. If the gentleman but as the recent Continental Airlines Clyburn Kanjorski Roybal-Allard will yield, I am advised that the enroll- incident indicates, the FAA’s enforce- Coble Kennedy (RI) Royce ing clerk has asked for the authoriza- Coburn Kennelly Rush ment of these regulations is weak. tion to correct section numbers, punc- Collins Kildee Ryun The NTSB has recommended after Conyers Kilpatrick Salmon tuation, cross references and other con- Costello Kind (WI) Sanders forming changes, but there would be no the ValuJet crash that the FAA pro- Cox Kingston Sandlin substantive changes to the bill, I would mulgate rules requiring the installa- Coyne Klink Sanford tion of smoke detectors and fire sup- Cramer Klug Sawyer advise the gentleman. Cubin Kucinich Scarborough Mr. OBEY. Mr. Speaker, I withdraw pression systems. Similarly, NTSB Davis (FL) LaFalce Schaffer, Bob my reservation of objection. made an urgent recommendation in De- Davis (IL) Lampson Schumer The SPEAKER pro tempore. Is there cember following the TWA Flight 800 Deal Largent Scott crash. DeFazio Levin Sensenbrenner objection to the request of the gen- DeGette Lewis (GA) Serrano tleman from Louisiana? Today I am calling on the FAA to Delahunt Lowey Shadegg quickly, quickly promulgate and im- DeLauro Maloney (CT) Shays There was no objection. Dellums Maloney (NY) Skaggs f plement regulations regarding the use Deutsch Markey Slaughter of smoke detectors and fire suppression Dicks Martinez Smith (MI) REPORT ON RESOLUTION PROVID- systems in all passenger aircraft, as Dixon Mascara Snyder ING FOR CONSIDERATION OF well as fuel tank recommendations of Doggett McCarthy (MO) Solomon H.R. 1385, EMPLOYMENT, TRAIN- Dooley McDermott Stark the NTSB. Every Member of Congress Doyle McGovern Stearns ING, AND LITERACY ENHANCE- who flies an airplane or who represents Duncan McInnis Stenholm MENT ACT OF 1997 anybody who flies an airplane ought to Edwards McIntosh Stokes Ehlers McKinney Stupak Mr. MCINNIS, from the Committee be putting pressure on the FAA. Engel McNulty Thompson on Rules, submitted a privileged report [From the LA Times, May 6, 1997] Eshoo Meehan Tiahrt (Rept. No. 105–98) on the resolution (H. Evans Menendez Tierney SNAIL’S PACE IN AIRLINER SAFETY Farr Mica Torres Res. 150) providing for consideration of Fattah Millender- Towns the bill (H.R. 1385) to consolidate, co- FBI Director Louis J. Freeh has reiterated Filner McDonald Turner ordinate, and improve employment, an idea expressed by some federal officials Flake Miller (CA) Upton training, literacy, and vocational reha- since late last year: that it was a cata- Foglietta Mink Velazquez strophic mechanical failure that brought Ford Moakley Visclosky bilitation programs in the United Frank (MA) Mollohan Waters States, and for other purposes, which down TWA Flight 800 last July, killing all Frost Murtha Waxman was referred to the House Calendar and 230 aboard. Furse Neal Wexler ordered to be printed. ‘‘The evidence is certainly not leading in Gejdenson Neumann Weygand the direction of a terrorist act, It is in fact f ANSWERED ‘‘PRESENT’’—1 moving in the other direction,’’ Freeh said Souder APPOINTMENT AS MEMBERS TO on a television news show Sunday. But he MEXICO-UNITED STATES INTER- stressed that no official conclusion on the NOT VOTING—10 PARLIAMENTARY GROUP cause of the TWA disaster has been reached. Andrews Manton Watkins Such a slow pace is not unusual in these Boehlert Molinari Yates The SPEAKER pro tempore. Without matters. It took two years, for example, to Hefner Schiff objection, and pursuant to the provi- Jefferson Skelton officially rule that a bomb had caused the sions of 22 U.S.C. 276h, the Chair an- explosion of Pan Am 103 over Lockerbie, b 2125 nounces the Speaker’s appointment of Scotland, in 1988. Mrs. CHENOWETH changed her vote the following Members of the House to Even without a final report, you might from ‘‘yea’’ to ‘‘nay.’’ the Mexico-United States Interpar- think that corrective action would occur Mr. RAHALL and Ms. HARMAN liamentary Group: quickly. After all, the National Transpor- changed their vote from ‘‘nay’’ to Mr. GILMAN of New York, vice chair- tation Safety Board, and now Freeh, has em- man; phasized the possibility that Flight 800 dis- ‘‘yea.’’ integrated because a spark ignited a volatile Mr. DREIER of California; So the bill was passed. air-fuel mixture in its central fuel tank. The result of the vote was announced Mr. BARTON of Texas; Well, here’s the snail’s-pace chronology as above recorded. Mr. CAMPBELL of California; that followed the ‘‘urgent’’ NTSB rec- A motion to reconsider was laid on Mr. MANZULLO of Illinois; ommendations on Dee. 13 for changes that it the table. Mr. GEJDENSON of Connecticut; said could prevent an explosion of this kind: f Mr. LANTOS of California; The Federal Aviation Administration had 90 Mr. FILNER of California; days to respond and announced in February AUTHORIZING THE CLERK TO Mr. UNDERWOOD of Guam; and that it would issue a notice for public com- MAKE CORRECTIONS IN EN- Mr. REYES of Texas. ment in the Federal Register within 30 days. GROSSMENT OF H.R. 1469, 1997 There was no objection. The notice finally appeared in April, at EMERGENCY SUPPLEMENTAL which point another 90-day period com- f APPROPRIATIONS ACT FOR RE- menced. This means that the recommenda- COVERY FROM NATURAL DISAS- THE FAA AND AIRLINE SAFETY tions cannot be acted on until July. TERS, AND FOR OVERSEAS (Mr. WOLF asked and was given per- The Clinton administration and Congress PEACEKEEPING EFFORTS, IN- mission to address the House for 1 ought to find a way to shorten this process. CLUDING THOSE IN BOSNIA If a streamlined process had been manda- minute and to revise and extend his re- tory, the implementation of one or more of Mr. LIVINGSTON. Mr. Speaker, I ask marks.) the changes to prevent central fuel tank ex- unanimous consent that in the engross- Mr. WOLF. Mr. Speaker, this past plosions in more than 1,000 active U.S. com- ment of H.R. 1469, the Clerk be author- Sunday was Mother’s Day and it was a mercial jets might already be underway. H2776 CONGRESSIONAL RECORD — HOUSE May 15, 1997 [From the Information Services Newswire But getting the devices into all 3,000 air- paths of school children. The United Search, May 14, 1997] liners in service could take four to five States sold over 102,000 land mines to BANNED OXYGEN CANISTERS HAULED ON years, said Carol Hallett, president of the the Salvadoran army. Thousands more CONTINENTAL FLIGHT airline trade group. were planted by guerrilla forces. I have (By Eun-Kyung Kim) The Federal Aviation Administration, however, is planning to complete a rule by seen firsthand the damage they have Washington (AP)—Federal investigators the end of the year that will require the in- caused to the salvadoran children and are trying to determine how a Continental stallations within three years, according to young soldiers now maimed for life. Airlines passenger jet ended up carrying Transportation Department spokesman Bill Mr. Speaker, in January I nominated seven oxygen canisters in its cargo hold, a Schulz. Already one airline, Atlanta-based the grassroots based International practice outlawed following last year’s Delta, is moving ahead on its own, he added. Campaign to Ban Land Mines for the ValuJet crash. Hallett said the installations take 200 man- ‘‘We take this very seriously and we’re in- Nobel Peace Prize because I believe the hours or more each and will be scheduled time has come for the international vestigating it thoroughly,’’ Eliot Brenner, a when airliners go in for major maintenance, spokesman for the Federal Aviation Admin- generally every 18 months to three years. community to sign a treaty to elimi- istration, said Tuesday. She estimated that it will cost about $400 nate this scourge once and for all. The oxygen generators, secured by safety million to install the systems. Mr. Speaker, I include for the caps, were in a shipment of airline materials No final determination has been made on RECORD several items related to ban- found by Continental workers 10 days after the cause of the ValuJet crash last May 11 in the flight to Houston from Los Angeles. ning land mines, as follows: Florida’s Everglades, killing all 110 aboard. ‘‘With the caps, they were not in danger of [From the New York Times, April 3, 1996] But investigators believe that the disaster going off,’’ Brenner said. The canisters were AN OPEN LETTER TO PRESIDENT CLINTON resulted from a fire fueled by oxygen genera- not listed as part of the shipment, he said. DEAR MR. PRESIDENT: We understand that The FAA reported the flight took place on tors carried in the plane’s hold. The airlines had agreed to install smoke you have announced a United States goal of April 15, but the airline said it was a day the eventual elimination of antipersonnel later. detectors last December at a meeting with Vice President Al Gore, but were reluctant landmines. We take this to mean that you Chemical oxygen generators were banned support a permanent and total international as cargo in passenger planes shortly after to commit to the additional fire suppression systems because of fear that the chemical ban on the production, stockpiling, sale and ValuJet Flight 592 crashed into the Florida use of this weapon. Everglades, killing all 100 people on board. halon would be banned, Hallett said. But on Tuesday the ATA received a letter We view such a ban as not only humane, Investigators believe the May 11, 1996, disas- but also militarily responsible. ter was caused by a fire fueled by poorly from the Environmental Protection Agency advising that, if the systems are installed, The rationale for opposing antipersonnel packaged oxygen generators. landmines is that they are in a category Air transport of the generators is now re- halon will be allowed to remain in use for the life of the plane. similar to poison gas; they are hard to con- stricted to compartments in cargo planes trol and often have unintended harmful con- that the crew can reach during the flight. Based on that assurance, Hallett said, the airlines decided to go ahead with the pro- sequences (sometimes even for those who Houston-based Continental issued a state- employ them). In addition, they are insidious ment Tuesday saying the disarmed genera- gram. The project covers the cargo containers be- in that their indiscriminate effects persist tors were shipped accidentally by a vendor long after hostilities have ceased, continuing who failed to disclose they were hazardous. neath passenger compartments, used to carry luggage. These so-called ‘‘Type D’’ to cause casualties among innocent people, ‘‘The airline immediately reported this oc- especially farmers and children. currence to the FAA when the shipment was compartments are sealed and airlines have assumed that any fire that broke out would We understand that: there are 100 million discovered. In addition to our own internal landmines deployed in the world. Their pres- audit, Continental is working closely with be extinguished by lack of oxygen. In the ValuJet case, however, the oxygen genera- ence makes normal life impossible in scores the FAA in its investigation to determine of nations. It will take decades of slow, dan- how this shipment happened,’’ the statement tors helped fuel the blaze. The ATA announcement comes just a day gerous and painstaking work to remove said. these mines. The cost in dollars and human Continental spokeswoman Karla Villalon after disclosure that similar banned oxygen lives will be immense. Seventy people will be declined to identify the vendor, saying it is cylinders were recently carried aboard a killed or maimed today, 500 this week, more under investigation. She did not know how Continental jet. than 2,000 this month, and more than 26,000 many people were aboard the plane. The generators, secured by safety caps, this year, because of landmines. Continental, the vendor and its shipping were in a shipment of airline materials found Given the wide range of weaponry avail- agent could face millions of dollars in fines by Continental workers 10 days after the able to military forces today, antipersonnel if investigators conclude hazardous material flight to Houston from Los Angeles. There landmines are not essential. Thus, banning laws were violated, Brenner said. was no fire in this case. them would not undermine the military ef- Jim Hall, the chairman of the National f fectiveness or safety of our forces, nor those Transportation Safety Board, said the inci- of other nations. dent illustrated the need to install smoke de- STOP THE SCOURGE OF The proposed ban on antipersonnel land- tectors and fire suppression equipment in the LANDMINES mines does not affect antitank mines, nor cargo compartments of all passenger air- (Mr. MCGOVERN asked and was does it ban such normally command-deto- liners. given permission to address the House nated weapons as Claymore ‘‘mines,’’ leaving ‘‘What this incident shows is that no mat- unimpaired the use of those undeniably mili- ter what regulations are passed, the threat for 1 minute and to revise and extend tarily useful weapons. of inadvertent placement of hazardous mate- his remarks and include extraneous Nor is the ban on antipersonnel landmines rials on aircraft will always be with us,’’ material.) a slippery slope that would open the way to Hall said in a letter to Carol Hallett, presi- Mr. MCGOVERN. Mr. Speaker, I rise efforts to ban additional categories of weap- dent of the Air Transport Association of this morning to ask my colleagues and ons, since these mines are unique in their in- America. the President to support an immediate discriminate, harmful residual potential. Hall voiced similar concerns in a letter and complete ban on antipersonnel We agree with and endorse these views, and Monday to Transportation Secretary Rodney land mines. conclude that you as Commander-in-Chief Slater. According to the Department of could responsibly take the lead in efforts to achieve a total and permanent international [From the Information Services Newswire State, a limb or a life is lost every 22 ban on the production, stockpiling, sale and Search, May 15, 1997] minutes as a result of land mines. Over 5 million land mines are produced an- use of antipersonnel landmines. We strongly AIRLINES TO INSTALL CARGO AREA FIRE urge that you do so. SUPPRESSION SYSTEMS nually. Over 50 percent of them are de- General David Jones (USAF, ret.), former (By Randolph E. Schmid) ployed. With only 100,000 land mines Chairman, Joint Chiefs of Staff; Gen- Washington.—A year after the fiery crash being removed each year, villages, eral John R. Galvin (US Army, ret.), of ValuJet Flight 592 the nations airlines are fields and paths are turned into death former Supreme Allied Commander, moving towards installing firefighting equip- traps. Ninety percent of the victims Europe; General H. Norman ment in their cargo holds. are civilians. In 70 countries around Schwarzkopf (US Army, ret.), Com- But it could take years for all of the na- the world, more than 100 million land mander, Operation Desert Storm; Gen- tion’s airliners to be protected. mines continue to fight battles that eral William G.T. Tuttle, Jr. (US The Air Transport Association announced Army, ret.), former Commander, US Wednesday that the airlines will begin in- ended months, years and even decades Army Materiel Command; General stalling the fire suppression equipment, per- ago. Volney F. Warner (US Army, ret.), haps as early as this fall if government ap- The years of conflict in Central former Commanding General, US Read- provals can be completed. America have left landmines in the iness Command; General Frederick F. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2777

Woerner, Jr. (US Army, ret.), former Treaty was a 23-year proposition: 20 years to JANUARY 9, 1997. Commander-in-Chief, US Southern establish the terms of the negotiations, and Mr. GEIR LUNDESTAD, Command; Lieutenant General James 3 years to negotiate the treaty itself. Such Director, The Norwegian Nobel Committee, Abrahamson (USAF, ret.), former Di- timetables are absolutely unacceptable when Drammensveien 19, 0255 Oslo, Norway. rector, Strategic Defense Initiative Of- dealing with a humanitarian disaster like DEAR MR. LUNDESTAD: With this letter, I fice; Lieutenant General Henry E. Em- landmines. Even if the CD were to move at would like to nominate for consideration for erson (US Army, ret.), former Com- its fastest pace, landmines will claim hun- the 1997 Nobel Peace Prize, the International mander, XVIII Airborne Corps; Lieu- dreds of thousands of new victims during its Campaign to Ban Landmines (ICBL) and its tenant General Robert G. Gard, Jr. (US years of negotiations. Coordinator, Ms. Jody Williams. The ICBL was initiated at the end of 1991 Army, ret.), former President, National The Ottawa process, in contrast, is moving by Ms. Williams for the Vietnam Veterans of Defense University President, Monte- forward at a very brisk pace and has gar- American Foundation, Washington, DC, and rey Institute of International Studies; nered significant international support in Medico International, Frankfurt, Germany, Lieutenant General James F. Hollings- the six months since Canadian Foreign Min- and has grown dramatically in size and influ- worth (US Army, ret.) former I Corps ister Lloyd Axworthy announced that Ot- ence. The ICBL, with its steering committee (ROK/US Group); Lieutenant General tawa would host a treaty signing for a com- of nine international organizations and na- Harold G. Moore, Jr. (US Army, ret.), prehensive ban on landmine use, production, tional landmine campaigns, now includes former Commanding General, 7th In- stockpiling, and export. Over sixty nations more than 725 non-governmental organiza- fantry Division; Lieutenant General (including over half of NATO) have indicated tions working in over 40 countries around Dave R. Palmer (US Army, ret.), support for the treaty and the Ottawa proc- the world with the common goal of the total former Commandant, US Military ess. Nine core nations (Germany, Austria, elimination of antipersonnel landmines Academy, West Point; Lieutenant Gen- South Africa, the Philippines, Mexico, Swit- (APMs). eral DeWitt C. Smith, Jr. (US Army, zerland, Belgium, Canada, and Norway) have ret.), former Commandant, US Army Your consideration of this nomination for drafted a ban treaty, and 120 nations met 1997 is of particular timeliness: intense nego- War College; Vice Admiral Jack last month to consider verification issues re- Shanahan (USN, ret.), former Com- tiations have begun toward the signing of an lating to it. In June, pro-ban nations will international treaty to ban APMs at the end mander, US Second Fleet; and Briga- meet to issue a declaration of support for the dier General Douglas Kinnard (US of 1997, and Norway will be hosting one of the Ottawa process and for the Austrian draft negotiating sessions in October 1997. The Army, ret.), former Chief of Military treaty. And the core group hopes to finalize History, US Army. ICBL has been instrumental in bringing the treaty at meetings in Oslo in late Sep- about this unprecedentedly rapid change. tember and early October. When the ICBL began, mostly as an idea in FACT SHEET—THE U.S. CAMPAIGN TO BAN The Clinton Administration has defended late 1991, scant attention was being paid to LANDMINES, MAY 1997 its decision to pursue a ban at the Con- the real killers in the world’s armed con- ACHIEVING A COMPREHENSIVE LANDMINES BAN: ference on Disarmament on the grounds that flicts—antipersonnel landmines and other THE OTTAWA PROCESS VERSUS THE CON- an international forum which includes oppo- light weapons. While the world focused on FERENCE ON DISARMAMENT nents of a landmines ban, such as Russia and the nuclear threat during the Cold War, tens Clinton Administration officials have said China, is the only means of bringing them of millions of landmines were being sown that they support a ban on antipersonnel aboard. throughout much of the developing world, landmines, but have indicated that the ap- The U.S. Campaign to Ban Landmines is resulting in global contamination of epi- propriate diplomatic venue for securing such concerned about such governments’ partici- demic proportion. As you surely are aware, a ban is at the Geneva-based U.N. Conference pation, but believes that the Ottawa process thousands of children and adult civilians are on Disarmament, which has been in session offers the best means of putting pressure on being killed and maimed each month by since January of this year. Notwithstanding them to eventually support a comprehensive landmines. the United States’ desire to consider a ban in ban. The treaty signing in Ottawa, set for With the end of the Cold War and the col- this forum, the Conference on Disarmament December of this year, will indicate very lapse of the nuclear threat, the ICBL has has refused to take up the issue of anti- clearly those governments who are the trou- been able to capture the imagination and en- personnel landmines. There are several rea- blemakers and abusers of this cruel and in- ergy of hundreds of NGOs around the world sons why this is the case. discriminate weapon. The large numbers of and dramatically challenge—and change— First, the Conference on Disarmament, countries which will adopt a ban at that decades-old assumptions about the conduct which operates by consensus, has not agreed time will set an international norm on anti- and consequences of armed conflict by focus- upon a ‘‘work program’’ for this year. With personnel landmines, and they will help stig- ing international attention on one small the exception of the Nuclear Test Ban Trea- matize and isolate those who refuse to join. weapon that graphically symbolizes the ty, the CD participants have not agreed to long-term impact of armed conflict: the anti- Interestingly, when Secretary of State work on anything for the past several years. personnel landmine. The most optimistic projection for agreeing Albright testified in favor of U.S. ratifica- The NGOs that have come together in the on a work program is August, 1997, but the tion of the Chemical Weapons Treaty on ICBL represent a unique coalition effort, deadlock could easily continue well into April 8, she adopted precisely this argument, which has successfully merged humanitarian next year. The deadlock is attributable, in stating that American support would serve and disarmament concerns. Nongovern- part, to a fundamental disagreement among to pressure other nations to join: ‘‘Over mental organizations representing a broad states about the balance between considering time, I believe that—if the United States spectrum of interests such as human rights, nuclear disarmament and conventional joins the CWC—most other countries will, development, refugees, arms control, the en- weapons disarmament. The CD can not ad- too—but the problem states will never ac- vironment and emergency relief have, for the dress the issue of landmines (or anything cept a prohibition on chemical weapons if first time, worked together in a coordinated else) until the overall work plan has been ap- America stays out, keeps them company and effort with one goal in mind: to ban APMs. proved. gives them cover. We will not have the That the ICBL is a powerful expression of Second, even after the work plan has been standing to mobilize our allies to support the will of civil society is demonstrated by approved, in order to begin work on a land- strong action against violators if we our- the truly impressive gains resulting from the mines ban the CD would have to appoint a selves have refused to join the treaty being work of the ICBL. The Campaign has suc- committee and approve a mandate for it. violated.’’ cessfully promoted anti-APL policies and po- This is a significant hurdle, since China and The U.S. Campaign to Ban Landmines has sitions at the national, regional and inter- Russia, both members of the CD, have made no principled objection to the Conference on national levels. The Campaign has also it very clear that they do not support a com- Disarmament. but the very vulture of the called for support of programs to promote prehensive ban. And even when there does Conference is such that negotiations are long and finance landmine awareness, clearance, exist a consensus to begin work in a particu- and protracted. Such lengthy deliberations, and eradication worldwide, and for victim as- lar area, the progress moves extremely slow- when dealing with weapons (such as chemi- sistance. ly. For example, the CD agreed to work on a cals or nuclear warheads) which are not in When the ICBL began its work, no organi- fissile materials ban in March of 1995, and use is one thing. But when negotiating an zation or agency was actively campaigning the CD has yet to even establish a commit- end to a weapon which creates 26,000 casual- to ban landmines. Its goal, a total ban of tee. ties per year, such a process is a disaster. If antipersonnel landmines, was considered Third, if by some miracle the CD should it took as long to consummate a ban on utopian. But through the coordinated work agree to establish a committee to consider a landmines as it did to achieve ratification of of the ICBL membership in more than 40 landmines ban and agree on a mandate for the Nuclear Test Ban Treaty, there would be countries, the world has seen tremendous that committee to consider a comprehensive another 5,598,000 victims (assuming current change in an unprecedentedly short period of ban, negotiations can go on for many years. levels of civilian casualties.) This is an unac- time. From ground zero, we have seen the It took 16 years to realize the Chemical ceptable proposition. There is no reason that following movement in the past 4 years: Weapons Convention, including four solid the United States’s efforts to achieve a ban some 50 countries have prohibited exports of years of negotiations on the text of the Con- at the CD should prevent them from joining APMs, 15 countries have begun or completed vention itself. The Comprehensive Test Ban the Ottawa initiative today. destruction of stockpiles, 30 countries have H2778 CONGRESSIONAL RECORD — HOUSE May 15, 1997 banned or suspended their use, and 20 have nounced policy of January 7, 1997, and Katherine Megquier, Emmett Hogan, announced no production. under a previous order of the House, Julienna Ar, Long Trvong, Maryanne In 1996, the UN General Assembly passed the following Members will be recog- Ar, Robert Jefferson, Brian by a vote of 156–0, with 10 abstentions, a res- nized for 5 minutes each. Piechowski, and Robert Iu; coaches, olution calling upon states ‘‘to pursue vigor- ously’’ an international treaty banning f Brian Tennison and Ms. Susanne McCannon. APMs ‘‘as soon as possible.’’ The world now The SPEAKER pro tempore. Under a The Whitney Young High School has boasts two ‘‘mine-free zones’’—Central previous order of the House, the gen- America, in a joint declaration by its six produced a dynasty of superstars who tleman from Wisconsin [Mr. NEUMANN] Foreign Ministers to ban the weapon have competed successfully over the is recognized for 5 minutes. throughout the region, and the CARICOM years in the decathlon. Whitney Young states. Additionally, both the OAS and the [Mr. NEUMANN addressed the House. has been the Illinois champion for the OAU have passed resolutions calling upon His remarks will appear hereafter in past 12 years, defeating teams from their member states to make their regions the Extensions of Remarks.] such academic powerhouses as the Illi- mine-free. f nois Math and Science Academy, New This momentum has also brought other Trier, Stevens on and Niles West. One change. After pressure from the ICBL, the COMMENDING THE WHITNEY M. or two years might be a fluke. Three or 1980 Convention on Conventional Weapons YOUNG HIGH SCHOOL OF CHI- four years might be viewed to excep- (CCW) was reviewed from 1994–96. The two CAGO FOR ITS ACADEMIC EXCEL- tional hard work. Five or six years and a half year process of review of the CCW LENCE is widely held to have brought minimal might be due to a few individuals mak- change to the flawed treaty. But through the The SPEAKER pro tempore. Under a ing inordinate sacrifices. But 12 years, focus of attention on the process, the pro- previous order of the House, the gen- 12 years can only be due to an excep- ban movement gained tremendous momen- tleman from Illinois [Mr. DAVIS] is rec- tional educational environment. tum and has moved rapidly beyond the lim- ognized for 5 minutes. Therefore, I commend and congratu- its of the CCW. It was in the review sessions Mr. DAVIS of Illinois. Mr. Speaker, I late an outstanding principal, Ms. themselves that the ICBL helped to ignite a true governmental ‘‘pro-ban movement’’ by rise today to pay tribute to a group of Joyce Kenner; Mr. Billy Williams, hosting the first meetings of pro-ban states. superstars in the Seventh Congres- chairman; Mr. Paul Levin, vice chair- This series of meetings led the Canadian sional District in the State of Illinois. man; Ms. Susan Hirsch, recording sec- Government to call for a strategy conference Often when we talk about superstars it retary; Ms. Anita Andrews, Mr. Miguel of pro-ban governments in October of last is in the context of athletics, athletes, Ayala, Ms. Mary Baldwin, Ms. Estrelita year in Ottawa. The conference was attended entertainment and entertainers such as Dukes, Judge Teicival Herman; Ms. by 50 pro-ban states and 24 observer nations. Michael Jordan, Oprah Winfrey, the Barbara Keys, Ms. Martha Miller, and At the conclusion of the Ottawa con- Bulls, and I am very proud that I rep- Ms. Deborah Sawyer, all members of ference, Canada’s Foreign Minister closed the conference with the dramatic invitation resent all of them. It would be impos- the local advisory council. to states to return to Canada in December of sible to argue that Michael Jordan, the Mr. Speaker, making the final three 1997 to sign a treaty banning AP mines. The leader of the Chicago Bulls, based in in the U.S. Academic Decathlon is no conference chairman, in close cooperation the Seventh District of Illinois, the small feat. The decathlon takes with the ICBL, had prepared an ‘‘Action man who dazzles us with his amazing months and even years of hard work Plan’’ that would lead to that goal. A series agility and ball handling skills, is any- and preparation. The Academic De- of preparatory meetings are now scheduled thing but a superstar or that Scottie cathlon is the supreme measure of edu- in 1997 with a target of a ban treaty by the Pippin, who grew up in a little town in cational achievement. It is the World end of the year. Series of academics. It is the NBA While the Landmine Campaign never saw Arkansas not very far from my original home, he in Hamburg and I in finals of scholastic attainment. its goal as utopian, it did not envision such So again we salute Whitney M. change in so short a period of time. Govern- Parkdale. Scottie is indeed a superstar, ments and individuals around the world, in- and I am proud to represent him. Like- Young, all of the members of the team. cluding former Secretary General of the wise, Kevin Garnett, who also lived in I congratulate each and every one of United Nations Boutros Boutros Ghali, have the Seventh District, attended Farra- the outstanding young men and women recognized that it is the work of the ICBL gut High School and went directly into and their coaches. I congratulate the that has made the difference. One UN offi- the National Basketball Association Chicago Board of Education, the local cial, speaking at the Ottawa Conference, advisory council, the principal and a noted that this change has come about be- with the Minnesota Timberwolves based upon his exceptional ability to great staff. It does indeed take a whole cause of the original impetus and ongoing community to make a great school. coordinated work of the ICBL. He called the master the game of basketball. coalition the ‘‘single most important and ef- But what about our academic super- f fective exercise by civil society since the stars who have proven themselves ca- INTERNATIONAL LEGAL ISSUE Second World War.’’ pable of their ability and with their HAS BEEN LINGERING TOO LONG The goal is in sight. There remains a huge ability to master the quest for knowl- The SPEAKER pro tempore. Under a amount of work to ensure its fruition. The edge? ICBL, which initiated this movement, will previous order of the House, the gen- continue to work in close cooperation So tonight, Mr. Speaker, I come to tleman from Georgia [Mr. LINDER] is throughout the year—and beyond—with pro- talk about another group of superstars. recognized for 5 minutes. ban states to rid the world of this indiscrimi- For the past 8 years the Whitney M. Mr. LINDER. Mr. Speaker, I bring to the at- nate weapon. Young High School’s Academic Decath- tention of this body an international legal issue The ICBL represents a dramatic expression lon teams have been superstars in the of expropriation that has been lingering since of the will of civil society to change inter- academic arena. They are the Michael the early 1980's, but began off the coast of national norms. That is why I nominate Ms. Jordans and Scottie Pippins of edu- CarteginÄa well over two hundred years ago. It Williams and the International Campaign to cation. The decathlon team’s mental Ban Landmines for the Nobel Peace Prize in is a tale of buried treasure that has resulted in 1997. An award to them of the Peace Prize in ability and problem solving skills have the foreign defiance of accepted property this critical year would send a powerful sig- placed them in the top 10 in the United rights in salvage laws at the expense of an nal that such models for social change are States Academic Decathlon’s national American company. recognized as critical and important as we competition 8 consecutive times, win- By way of background, after encountering move into the next century. ning third place three times and second an enemy British fleet, the Spanish galleon Yours respectfully, place once when the decathlon was held San Jose was sunk with a treasury estimated JAMES MCGOVERN, in Chicago in 1995. Whitney Young’s at over $2 billion in today's value. The San Member of Congress. most recent team placed third in the Jose and its treasure remained hidden at the f 1997 U.S. Academic Decathlon’s na- bottom of the ocean for hundreds of years, b 2130 tional competition. The 9 students until a United States companyÐknown today from Whitney Young High School who as Sea Search ArmadaÐdiscovered the wreck SPECIAL ORDERS placed in the 1997 U.S. Academic De- of the San Jose. Under recognized inter- The SPEAKER pro tempore (Mr. cathlon and the individuals who national salvage and admiralty laws, the dis- METCALF). Under the Speaker’s an- coached them are students, Ed Bailey, coverer of this find has the right to salvage the May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2779 wreck and receive half of the value of the re- [Mr. SMITH of Michigan addressed the families that need it the most, to covered treasures. Sea Search Armada dis- the House. His remarks will appear working middle class families, to small covered the San Jose wreck in 1983. hereafter in the Extensions of Re- businesses, to small farmers. We will Unfortunately, the past 14 years have wit- marks. fight to make sure this budget protects nessed an extraordinary effort by the Govern- f and preserves the Medicare program, ment of Colombia to claim exclusive owner- and we will fight to make sure that DEMOCRATS GETTING READY TO ship of the treasure of the sunken galleon. In this budget provides for education and STAND UP AND FIGHT AGAIN clear disregard of accepted law, the govern- for health care for our kids. ment enacted retroactive changes in its sal- The SPEAKER pro tempore. Under a We have stood up and we have fought vage law that would have reduced the share previous order of the House, the gentle- before for our children, for our seniors of the treasure payable to the American com- woman from Connecticut [Ms. and for the working families of Amer- pany from the accepted 50 percent to a tax- DELAURO] is recognized for 5 minutes. ica, and we will stand up and fight once able 5 percent. Thankfully, the Colombian Ms. DELAURO. Mr. Speaker, I rise again. Constitutional Court declared the order uncon- today to remind my colleagues what f stitutional. we can accomplish when we stand up The SPEAKER pro tempore. Under a In an August 1996 letter to International Re- together and fight for what we believe previous order of the House, the gen- in. lations Committee Chairman Ben Gilman, the tleman from Utah [Mr. HANSEN] is rec- Columbia government stated that a ruled had Last year the congressional majority ognized for 5 minutes. not yet been uttered by the Superior Court of attempted to cut the school lunch pro- [Mr. HANSEN addressed the House. Barranquilla and that the Government ``will not gram, and we stood up and said that it His remarks will appear in the Exten- make any decisions until after a verdict'' is is wrong, simply wrong to take food sions of Remarks.] out of the mouths of our children, and made by this judicial court. The decision of the f we stood up for our nation’s kids, and Magistrates of the Superior of BarranquillaÐ The SPEAKER pro tempore. Under a like all previous court decisionsÐwas in Sea we won that fight. Then the congressional majority at- previous order of the House, the gen- Search Armada's favor and recognized its tleman from California [Mr. claim to 50 percent of the treasure of the San tempted to cut billions of dollars out of the Medicare program, and once again CUNNINGHAM] is recognized for 5 min- Jose. Regrettably, the Colombian govern- utes. ment's attorney general will now be appealing Democrats stood up and said it is wrong, simply wrong, to take health [Mr. CUNNINGHAM addressed the the decision once again. House. His remarks will appear here- This case has gone on too long. It is high care away from our nation’s seniors. We stood up for our nation’s seniors, after in the Extensions of Remarks.] time that the Government of Colombia end its f decade-long litigation against the Sea Search and we won that fight. The SPEAKER pro tempore. Under a Armada company and resolve this matter. Last month the congressional major- previous order of the House, the gen- We are faced with a situation in which the ity showed that they have not learned tleman from Michigan [Mr. UPTON] is legitimate property rights of an American com- from their mistakes. Republicans on recognized for 5 minutes. pany have been expropriated in disregard to the House Committee on Appropria- [Mr. UPTON addressed the House. the recognized rights of ownership under Co- tions led the charge and voted over- Hers remarks will appear hereafter in lombian and international law. When deprived whelming to underfund the Women, In- the Extensions of Remarks.] of property in defiance of international law, fants and Children program by $38 mil- American citizens should expect their govern- lion. Their actions would have forced f ment to ensure that preferential treatment is 180,000 pregnant women, infants and The SPEAKER pro tempore. Under a not given to the delinquent party, as this body children off of the WIC program. Once previous order of the House, the gentle- has done in the past. again we stood up and said it is wrong, woman from Connecticut [Mrs. JOHN- Mr. Speaker, the rulings from every Colom- simply wrong, to take milk, to take ce- SON] is recognized for 5 minutes. bian court and from experts panels have de- real, to take formula off of the break- [Mrs. JOHNSON of Connecticut ad- fined the rights of the discovering party. Fol- fast tables. We stood up for women, for dressed the House. Her remarks will lowing the decision by the Superior Court, the infants and for children, and we won appear hereafter in the Extensions of Colombian government has been provided that fight. Remarks.] with an important opportunity to demonstrate And as we head into this budget proc- f ess, we should not be afraid to continue its commitment to abide by the rule of law. I WHAT ARE THEY HIDING? believe that Colombia's recognition of the judi- to stand up and fight for what we be- The SPEAKER pro tempore. Under a cial ruling will send a reassuring message to lieve in because every time we have, we previous order of the House, the gen- potential American investors and will assure have won the fight. tleman from California [Mr. HORN] is that the cooperation between our nation and We all agreed, Democrats and Repub- recognized for 5 minutes. Colombia improves in the future. licans, about the need to balance the federal budget. But we need to stand up Mr. HORN. Mr. Speaker, this morn- f and make sure that any budget agree- ing I discussed 6 individuals that were The SPEAKER pro tempore. Under a ment includes a budget that is bal- involved in the activities of the 1996 previous order of the House, the gen- anced in a way that is consistent with campaign in raising money for the tleman from California [Mr. DREIER] is our priorities and our values as a Na- Democratic National Committee. As a recognized for 5 minutes. tion. We do not have a lot of details yet member of the Committee on Govern- [Mr. DREIER addressed the House. about the specifics of this budget ment Reform and Oversight, we have His remarks will appear hereafter in agreement, but looking at the GOP tax been looking at the activities of Web- the Extensions of Remarks.] cut plan makes me think: Get ready, ster Hubbell, John Huang, Charlie Trie, f guys, we are going to be forced to stand James Riady, and Mark Middleton, as The SPEAKER pro tempore. Under a up and to fight once again, for the GOP well as Pauline Kachanalak. previous order of the House, the gentle- tax cut plan mostly helps the wealthy. The White House has stated on a number of occasions that it is fully co- woman from Florida [Mr. BROWN] is In fact, over 50 percent of the benefits recognized for 5 minutes. go to the top 5 percent of wage earners. operating with our committee subpoe- This is not the kind of a tax cut that nas, but that is simply not true. The [Ms. BROWN of Florida addressed the the working families of America are White House has given us some docu- House. Her remarks will appear here- looking for. Democrats are going to ments, but they consist mostly of high- after in the Extensions of Remarks.] stand up and fight for the folks who are ly censored items; the fancy word is re- f not making the 6 figure salaries and in- dacted. It means they have blackened The SPEAKER pro tempore. Under a comes, the families who could really out everything on the page but perhaps previous order of the House, the gen- use some tax relief. one word, and we have dozens of copies tleman from Michigan [Mr. SMITH] is We will fight, fight to make sure that of that, maybe hundreds. We asked for recognized for 5 minutes. the tax cuts in this budget deal go to copies of correspondence involving H2780 CONGRESSIONAL RECORD — HOUSE May 15, 1997 these people. We get back newspaper kansas bank. James Riady cemented The names of these heroes are in- clippings, blank pieces of paper and his friendship in the 1992 Presidential scribed on the wall of the National Law other irrelevancies. elections by giving at least $700,000 to Enforcement Officers Memorial located Mr. Speaker, the White House claims the Democratic National Committee, just blocks from this Capitol. Two hun- that it needs more time to comply, but its State affiliates, the inaugural com- dred fifty-four new names were added our first subpoenas with served on mittee and other soft money venues. this week in a candlelight vigil, rep- March 4; that is over 2 months ago. b 2145 resenting 116 police officers killed in Moreover, the first request for docu- the line of duty in 1996 and 138 others ments pertaining to one key player, After the 1992 election, James Riady who sacrificed their lives in other John Huang, were made by former returned to Indonesia, but kept up his years. chairman Bill Clinger on October 31, visibility with the President by visit- My home State of Minnesota lost 3 1996, before the election. ing the White House at least 20 times Mr. Speaker, that is roughly 6 in the next 4 years. James Riady was police officers in 1996 who died in the months of stalling by the White House, present at the following crucial meet- line of duty. Brian Klinefelter, a St. and the question has to be asked: What ings at the White House: Joseph, Minnesota police officer was are they hiding? And why does the On June 23, 1994, James Riady was slain by a liquor store robber. Rice Whitehouse not want us to see any in- present at the meeting with the Presi- County Deputy John Liebenstein was formation about these 6 individuals? dent and John Huang. Soon after, John killed when his car was rammed by the Mr. Speaker, the first of these play- Huang was appointed to the Commerce teenage driver of a stolen car. A Da- ers is well known to all of us. Web Hub- Department in a key position by the kota County, Minnesota Deputy Lu- bell worked with Mrs. Clinton at the President. That same day, James ther Klug was killed by a drunk driver Rose law firm in Arkansas. After the Riady had lunch with Mr. Hubble. who broadsided his patrol car after 1992 election, Hubbell became the Num- Mr. Speaker, we need the informa- running a stop sign. The drunk driver ber 3 man in the United States Depart- tion to clarify these relationships and had a blood alcohol content of 0.20, ment of Justice. In March 1994 Hubbell see if criminal activity has occurred, twice the legal limit in Minnesota. suddenly resigned from the Justice De- and I hope in the following days to get Another police officer, a Minneapolis partment. In December of 1994 he plead into more detail on each of these indi- police department officer, sustained a guilty to tax evasion and defrauding viduals. very painful loss at the hands of a his clients of nearly a half a million Soon after, Hubbell is hired by one of the drunk driver just 2 months ago. The dollars, and he served a year and a half Riady-controlled Lippo companies and paid car of a drunk driver crushed the right in jail. We have recently discovered $100,000. leg of Officer David Loeffler, a rookie that key people in the White House, According to published reports it is at this Minneapolis police officer while he and such as former chief of staff Mack same time that Webb Hubbell stopped cooper- his partner were helping a pedestrian. McLarty and Erskine Bowles, current ating with the independent counsel. This inspirational young officer sus- On September 13, 1994, James Riady is chief of staff, solicited employment for tained an amputation to his leg below again at the White House meeting with the Hubbell after his resignation which the knee, but he is still determined to President and John Huang. At this meeting, it garnered him at least a half million return to the force some day with the is decided that John Huang will leave his job dollars including $100,000 from a com- use of a prosthetic leg. pany run by the Riady family. We have at the Commerce Department and become vice chairman of finance at the Democratic These heroes, Mr. Speaker, are the also recently read in published reports reason we celebrate and observe Police that the President’s personal lawyer National Committee. What role did the Riadys play in the deci- Week and commemorate police officers and a close friend from Arkansas knew sionmaking at the White House? Was the Memorial Day. We honor the fallen and that Hubbell’s problems were of a money they paid Webb Hubbell a factor in his we also honor the living, the thousands criminal nature. In contrast, the Clin- decision not to cooperate with the independent of peace officers across this Nation who tons have maintained that they knew counsel and to what degree was the President stand tall, putting their lives on the nothing about the seriousness of the involved? line every single day they wear the charges against Hubbell until he plead The American people have a right to know. badge. guilty in December. f Is there a connection between top ad- This year I have the privilege of serv- ministration officials orchestrating an The SPEAKER pro tempore. Under a ing with the gentleman from Michigan effort to get Web Hubbell lucrative em- previous order of the House, the gen- [Mr. STUPAK], as cochair of the House ployment and Hubbell’s refusal to co- tleman from New Jersey [Mr. PAPPAS] Law Enforcement Caucus. The Caucus operate with the independent counsel’s is recognized for 5 minutes. is promoting several legislative initia- Whitewater investigation? In the words [Mr. PAPPAS addressed the House. tives which I would like to call to the of a prominent New York Times col- His remarks will appear hereafter in attention of our colleagues. These ini- umnist, A.M. Rosenthal, quote, it the Extensions of Remarks.] tiatives would amplify the message of would not take a particularly sus- f Peace Officers Memorial Day. picious mind, let alone a prosecutor’s The SPEAKER pro tempore. Under a The first is House Concurrent Resolu- to see high paying jobs as hush money previous order of the House, the gen- tion 41 which the gentleman from to keep a defendant silent, unquote tleman from New York [Mr. FORBES] is Michigan [Mr. STUPAK] and I have co- from the May 6 issue of the New York recognized for 5 minutes. sponsored. This calls for the creation of Times. Mr. Hubbell has invoked the [Mr. FORBES addressed the House. a postage stamp commemorating fallen fifth amendment and refuses to cooper- His remarks will appear hereafter in officers. ate with the committee. the Extensions of Remarks.] The second is House Concurrent Res- Mr. Speaker, the American people de- f serve a full airing of this issue in open olution 47 which we have joined our public hearings. Who are the Riadys NATIONAL PEACE OFFICERS colleague, the gentleman from Penn- and why are we seeking to obtain docu- MEMORIAL DAY sylvania [Mr. FOGLIETTA] in sponsor- ments concerning them from the White The SPEAKER pro tempore. Under a ing. This resolution would fly a flag at House? Mochtar Riady and his son previous order of the House, the gen- half staff over the Capitol whenever a law enforcement officer is slain in the James controlled the $5 billion Lippo tleman from Minnesota [Mr. RAMSTAD] group empire. Lippo was John Huang’s is recognized for 5 minutes. line of duty. employer. Lippo has very strong ties to Mr. RAMSTAD. Mr. Speaker, I rise Mr. Speaker, the least we can do to many countries in Asia including today on National Peace Officers Me- honor police officers across this Na- China, Vietnam, Hong Kong and Tai- morial Day to pay tribute to the 14,318 tion, those who have been killed in the wan. Banking tycoon, James Riady, peace officers who have paid the ulti- line of duty, is to cosponsor and pass has known the President since the late mate price to protect our law-abiding these two initiatives. So I encourage 1970s when he was working in an Ar- citizens in our communities. my colleagues to sign on to these bills May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2781 to cosponsor both of these measures, cuts, and there is also likely to be a time coverage for about 10 million un- and I also encourage support for every tax package that will essentially put insured children in this country. There other legislative initiative which together and be more specific about the are about 10 million children that are would help law enforcement officers various tax cuts that are proposed. uninsured and the numbers keep grow- and the families of those who risk life What I would like to do is to basi- ing. It is estimated that by the year and limb to promote law and order in cally outline if I could, very briefly, 2000 it would be as high as 12 million our communities, in our States, and in what President Clinton sees and what I children. So the President has included our Nation. see as a Democrat and most of us as as part of this balanced budget pro- f Democrats feel that the balanced budg- gram essentially Medicaid improve- et agreement should accomplish. To ments and a grant program has been BALANCED BUDGET AGREEMENT the extent that it does accomplish suggested that provides additional dol- SHOULD REFLECT DEMOCRATIC these Democratic priorities, it is some- lars to supplement States’ efforts to FAMILY FIRST PRIORITIES thing that all of us or most of us can cover uninsured children and working The SPEAKER pro tempore. Under support. But we have to keep the feet families. the Speaker’s announced policy of Jan- to the fire, so to speak, on the Repub- Last night on the House floor I spe- uary 7, 1997, the gentleman from New lican side, and particularly the Repub- cifically talked about the kids’ health Jersey [Mr. PALLONE] is recognized for lican leadership, to make sure that this care initiative that the Democratic 60 minutes as the designee of the mi- balanced budget agreement does make task force that I cochair has put to- nority leader. good, so to speak, on the promises that gether, that would try to achieve, Mr. PALLONE. Mr. Speaker, I want reflect the concerns of the average within the context of this budget to say that I know that the hour is late American. agreement, coverage for as many as and I do not intend to use much of the The critical investments, if you will, possible of the 10 million children who 60 minutes this evening, but I did want that the President has talked about are now uninsured. to take to the well tonight, to take to achieving in this balanced budget It is also very important that this the floor to talk about what I expect to agreement relate to education, health budget strengthen environmental pro- be happening here on the floor of the care, and the environment. There is tection and enforcement. The Presi- House next week, and that is when the also a very real need to make sure that dent has talked about accelerating Republican leadership brings up the Medicare and Medicaid are strength- Superfund cleanups by almost 500 sites budget. ened and modernized so that they are by the year 2000. He has talked about I think as my colleagues know, there available and they are solid programs, expanding the brownfield redevelop- has been a proposal that in its broad they are solvent, if you will, into the ment initiative to help communities outlines has been agreed upon by both next century. clean up and redevelop contaminated The balanced budget agreement President Clinton and the Republican areas through this brownfield proposal, should cut the deficit 63 percent. Well, leadership, and there will be a budget and also to boost environmental en- I should say that actually over the last resolution most likely adopted on the forcement to protect public health House floor at some time next week. few years we have succeeded in cutting the deficit 63 percent, from $290 billion from environmental threats. However, as a Democrat I am very I have often said that it does not concerned about the need for this budg- in 1992 to $107 billion last year. But the idea is that this balanced budget agree- make much sense to have good envi- et to reflect Democratic priorities. ronmental laws on the books if you do Over the last year, at least since June ment would essentially finish the job and achieve a truly balanced budget not have adequate enforcement, and of 1996, the Democrats have outlined a enforcement means money. We have to Family First agenda that includes with no deficit by the time that the 5- year period that it is including is have investigators to go after the pol- prioritization, if you will, of education, luters, we have to have those enforce- health care, environmental and other ended. I want to talk about some of these ment officers who will impose fines and needs for the average American family. make sure that polluters are brought The President clearly articulated those priorities, though. We call them the Democratic Family First priorities to justice. priorities during the negotiations over that the budget needs to reflect. So again, the priority under this bal- a budget agreement, and I know fought With regard to education, the Presi- anced budget agreement has to include very hard to make sure that those pri- dent’s initiative says that every 8-year- a major environmental component. orities were included in the balanced old can read, every 12-year-old can log Also, in the aftermath of the Presi- budget proposal. on to the Internet, and every 18-year- dent’s welfare reform that was signed The fact of the matter is, however, old can go to college. The education into law last year, there needs to be, that many of us on the Democratic side initiatives are really in many ways the and the President has talked about a are concerned that the end result may most important Democratic priority welfare-to-work tax credit to help not reflect some of these Democratic that we have been trying to achieve. long-term welfare recipients get jobs, priorities. Already Members of the Re- The way to achieve this is essentially and also the need to restore disability publican Party are stating that there to provide the largest Pell grant in- and health benefits for legal, as op- is no guarantee, for example, that they crease in 2 decades, 4 million students posed to illegal immigrants in this will include Democratic education ini- to receive a grant of up to $3,000, an in- country. tiatives in the budget reconciliation crease of $300 in the maximum grant; b 2200 process. As the budget discussions con- tax cuts, and here again there are tax tinue, my goal and our goal is to fur- cuts and there are tax cuts. Tax cuts Right now under some of the provi- ther an agenda that helps the average that we as Democrats would like to see sions that were passed last year by the American family. would be targeted to higher education, House and Senate and signed into law, Without getting into all the bureauc- to make college more affordable for the there are legal immigrants who do not racy of the budget process, the budget average American. have access to certain benefits, such as resolution, which will be presented Now, if we have tax cuts that empha- Social Security disability, Medicare, most likely next week on the floor of size the education, higher education Medicaid, depending on their cir- the House, is basically a broad outline programs, then that certainly makes cumstances. All these Democratic pri- or plan about what the budget agree- sense as part of this overall agreement. orities, if you will, need to be incor- ment should be. But after that is On the other hand, if the tax cuts are porated as part of this balanced budget, passed, and once it finally is agreed to mainly targeted to help corporate in- if it is really going to achieve success by both Houses, there will be a fleshing terests or to help wealthier Americans, to help the average working American. out, if you will, of the spending prior- then we will not achieve a balanced I think that I cannot emphasize ities through the various appropriation budget that works to help the average enough that there are essentially three or spending bills. There will also be a working person. goals here. One is to make sure we do reconciliation act that will essentially We have also talked about expansion have a balanced budget, which we all, I tie together the spending with any tax of health care to achieve for the first think, in this House are very much in H2782 CONGRESSIONAL RECORD — HOUSE May 15, 1997 favor of, whether we are Democrats or Ms. BROWN of Florida, for 5 minutes, Mr. STARK. Republican. today. Mr. BARCIA. Second is to make sure that the pri- Ms. DELAURO, for 5 minutes, today. Ms. HARMAN. ority spending on health care for kids, (The following Members (at the re- Mr. ACKERMAN. on education, on environment, on some quest of Mr. MCINNIS) to revise and ex- Mr. WAXMAN. of the other areas that the Democrats tend their remarks and include extra- Mr. KUCINICH. have outlined as part of their Families neous material:) Ms. VELA´ ZQUEZ. First agenda, that these priorities are Mr. UPTON, for 5 minutes each day on f where the spending or where the dol- today and May 16. lars go under this budget agreement. Mrs. JOHNSON of Connecticut, for 5 SENATE BILL REFERRED Last, but certainly not least, is that minutes each day on today and May 16. A bill of the Senate of the following the tax credits or the tax cuts, if you Mr. HORN, for 5 minutes each day on title was taken from the Speaker’s will, are primarily targeted, again, to- today and May 16. wards the needs of the average Amer- table and, under the rule, referred as Mr. SHAYS, for 5 minutes on May 16. follows: ican. There is proposed a child tax Mr. PAPPAS, for 5 minutes, today. S. 670. An act to amend the Immigration credit to make it easier for families to Mr. FORBES, for 5 minutes, today. raise their kids; tax cuts, again tar- and Nationality Technical Corrections Act of Mr. PAUL, for 5 minutes on May 16. 1994 to eliminate the special transition rule geted to higher education, to make col- Mr. RAMSTAD, for 5 minutes each day for issuance of a certificate of citizenship for lege more affordable. The President on today and May 16. certain children born outside the United has talked about not only expanding f States. the Pell grant, but also providing a cer- f tain amount of deductibility, that par- EXTENSION OF REMARKS ents would be able to deduct for college By unanimous consent, permission to ADJOURNMENT tuition they pay for their children. revise and extend remarks was granted Mr. PALLONE. Mr. Speaker, I move There is also a HOPE scholarship to: program for the first 2 years of college that the House do now adjourn. (The following Members (at the re- The motion was agreed to; accord- if you maintain a B average; that you quest of Mr. PALLONE) to revise and ex- would have, I believe, $1,500 a year ingly (at 10 o’clock and 3 minutes tend their remarks and include extra- p.m.), the House adjourned until to- made available as a scholarship to pay neous material:) for your tuition or education expenses. morrow, Friday, May 16, 1997, at 9 a.m. There were also provisions that the Mr. CLYBURN. f President has talked about to establish Mr. BROWN of California. additional empowerment zones and en- Mr. KENNEDY of Massachusetts. EXECUTIVE COMMUNICATIONS, terprise communities. But again, the Mr. CALVERT. ETC. issue here is whether or not this budget Mr. COSTELLO. Under clause 2 of rule XXIV, execu- Mr. GILLMOR. agreement, not necessarily the resolu- tive communications were taken from Mr. BISHOP. tion that we deal with next week, but the Speaker’s table and referred as fol- Ms. GRANGER. even beyond that, the so-called budget lows: Mr. MCINTYRE. reconciliation bill, where the actual 3324. A letter from the Director, Office of Mr. PACKARD. taxes and the cuts and credits will be Regulatory Management and Information, Mr. ENGEL. struck, and where, in the appropriation Environmental Protection Agency, transmit- bills, where the actual spending will be (The following Members (at the re- ting the Agency’s final rule—Emamectin indicated, these need to reflect the quest of Mr. MCINNIS) and to include Benzoate; Pesticide Tolerances for Emer- Democratic Families First priorities. extraneous matter:) gency Exemptions [OPP–300490; FRL–5718–1] They need to have tax cuts that will Mr. RADANOVICH. (RIN: 2070–AB78) received May 13, 1997, pursu- Mr. HYDE. ant to 5 U.S.C. 801(a)(1)(A); to the Committee help the average person and not just on Agriculture. the wealthier elements in our society. Mr. SENSENBRENNER. Mr. ROHRABACHER. 3325. A letter from the Director, Office of My point tonight, and this is a point Regulatory Management and Information, Mrs. JOHNSON of Connecticut. that I and others I am sure will be Environmental Protection Agency, transmit- making over the next few weeks or Ms. ROS-LEHTINEN. ting the Agency’s final rule—Carbon Disul- next few months as we delve into the Mr. PITTS. fide; Pesticide Tolerances [OPP–300487; FRL– budget in its various aspects, is that a Mr. BILIRAKIS. 5716–8] received May 14, 1997, pursuant to 5 balanced budget agreement that does Mr. FORBES. U.S.C. 801(a)(1)(A); to the Committee on Ag- not reflect the priorities of the average Mr. EHRLICH. riculture. Mr. POMBO. 3326. A letter from the Director, Office of American, does not provide tax cuts Regulatory Management and Information, that help the average working family, Mr. BOEHLERT. Mr. MICA. Environmental Protection Agency, transmit- really is of no value. ting the Agency’s final rule—Propamocarb Mr. GILMAN. That is what we want to see as Demo- Hydrochloride; Pesticide Tolerance for crats. We want to see the budget bal- (The following Members (at the re- Emergency Exemptions [OPP–300489; FRL– anced, we want to see the priorities quest of Mr. PALLONE) and to include 5717–5] (RIN: 2070–AB78) received May 14, that are important for the average extraneous matter:) 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the American, and we want to see tax cuts Mr. NADLER. Committee on Agriculture. and tax credits that will help the aver- Mr. HAMILTON. 3327. A letter from the Director, Office of Regulatory Management and Information, age American as we move forward and Mr. LEVIN. Mr. WEXLER. Environmental Protection Agency, transmit- we prioritize our spending needs in this ting the Agency’s final rule—Clopyralid; Pes- Mr. VISCLOSKY. Congress. ticide Tolerance for Emergency Exemptions Ms. BROWN of Florida. f [OPP–300491; FRL–5718–2] (RIN: 2070–AB78) re- Mr. STOKES. ceived May 14, 1997, pursuant to 5 U.S.C. SPECIAL ORDERS GRANTED Mr. POSHARD. 801(a)(1)(A); to the Committee on Agri- By unanimous consent, permission to Mr. HALL of Ohio. culture. address the House, following the legis- Mr. BORSKI. 3328. A letter from the Director, Office of lative program and any special orders Mrs. LOWEY. Regulatory Management and Information, heretofore entered, was granted to: Mr. MENENDEZ. Environmental Protection Agency, transmit- (The following Members (at the re- Ms. PELOSI. ting the Agency’s final rule—Pyridaben; Pes- ticide Tolerance [OPP–300492; FRL–5718–4] Ms. DELAURO. quest of Mr. PALLONE) to revise and ex- (RIN: 2070–AB78) received May 14, 1997, pursu- tend their remarks and include extra- Mr. POMEROY. ant to 5 U.S.C. 801(a)(1)(A); to the Committee neous material:) Mr. KENNEDY of Rhode Island. on Agriculture. Mr. DAVIS of Illinois, for 5 minutes, Ms. EDDIE BERNICE JOHNSON of Texas. 3329. A letter from the Director, Office of today. Mr. GEJDENSON. Regulatory Management and Information, May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2783 Environmental Protection Agency, transmit- training, literacy, and vocational rehabilita- ployee dues and fees by labor organizations; ting the Agency’s ‘‘Major’’ final rule—Con- tion programs in the United States, and for to the Committee on Education and the trol of Air Pollution from New Motor Vehi- other purposes (Rept. 105–98). Referred to the Workforce. cles and New Motor Vehicle Engines: Vol- House Calendar. By Ms. HARMAN (for herself and Mr. untary Standards for Light-Duty Vehicles f DIXON): [AMS-FRL–5823–7] (RIN: 2060–AF75) received H.R. 1626. A bill to amend the Communica- May 14, 1997, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS tions Act of 1934 to require the licensing of 801(a)(1)(A); to the Committee on Commerce. certain unused channels for public safety 3330. A letter from the Director, Office of Under clause 5 of rule X and clause 4 uses; to the Committee on Commerce. Regulatory Management and Information, of rule XXII public bills and resolu- By Mrs. JOHNSON of Connecticut (for Environmental Protection Agency, transmit- tions were introduced and severally re- herself, Mr. SHAYS, Mr. CAMP, Mr. ting the Agency’s final rule—Approval and ferred as follows: ENGLISH of Pennsylvania, and Mr. Promulgation of Air Quality Implementa- By Mr. BUYER (for himself, Mr. EWING, MCCRERY): H.R. 1627. A bill to amend the Internal Rev- tion Plans; Commonwealth of Virginia; En- Mr. BARCIA of Michigan, and Mr. enue Code of 1986 to provide tax incentives hanced Motor Vehicle Inspection and Main- POSHARD): tenance Program [VA 056–5023; FRL–5826–2] H.R. 1619. A bill to provide for farm-related for higher education; to the Committee on received May 13, 1997, pursuant to 5 U.S.C. exceptions from hazardous materials trans- Ways and Means. 801(a)(1)(A); to the Committee on Commerce. portation requirements; to the Committee By Mrs. JOHNSON of Connecticut (for 3331. A letter from the Director, Office of on Transportation and Infrastructure. herself, Mr. CARDIN, Mrs. MORELLA, Regulatory Management and Information, By Mr. RADANOVICH (for himself, Mr. Mr. CLEMENT, Mr. OBERSTAR, Mr. WAXMAN, Mr. COYNE, Mr. NEAL of Environmental Protection Agency, transmit- BUNNING of Kentucky, and Mr. Massachusetts, Mr. OLVER, Mr. BUR- ting the Agency’s final rule—Approval and ROHRABACHER): Promulgation of State Implementation H.R. 1620. A bill to amend the Internal Rev- TON of Indiana, Mr. FRANK of Massa- Plans and Redesignation of Areas for Air enue Code of 1986 to repeal the special taxes chusetts, Mr. STARK, Mrs. LOWEY, Mr. Quality Planning Purposes: State of Wash- on wholesale and retail dealers in liquor and SCHUMER, and Ms. DELAURO): H.R. 1628. A bill to establish a demonstra- ington and Oregon [WA 63–7138; WA58–7133; beer, and for other purposes; to the Commit- tion project to study and provide coverage of OR57–7272; FRL–5824–1] received May 13, 1997, tee on Ways and Means. routine patient care costs for Medicare bene- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. BONO: ficiaries with cancer who are enrolled in an mittee on Commerce. H.R. 1621. A bill to amend the provisions of approved clinical trial program; to the Com- 3332. A letter from the Director, Office of title 17, United States Code, with respect to mittee on Ways and Means, and in addition Regulatory Management and Information, the duration of copyright, and for other pur- to the Committee on Commerce, for a period Environmental Protection Agency, transmit- poses; to the Committee on the Judiciary. to be subsequently determined by the Speak- ting the Agency’s final rule—Approval and By Mr. DREIER (for himself and Mr. er, in each case for consideration of such pro- Promulgation of Air Quality Implementa- DUNCAN): visions as fall within the jurisdiction of the tion Plans; State of Alaska; Motor Vehicle H.R. 1622. A bill to provide for an annual committee concerned. Inspection and Maintenance Program [AK– report to Congress concerning diplomatic By Mr. JONES: 12–7100; FRL–5826–8] received May 14, 1997, immunity; to the Committee on Inter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 1629. A bill to amend the Internal Rev- national Relations. enue Code of 1986 to reduce the maximum mittee on Commerce. By Mr. ENSIGN (for himself, Mr. MAT- 3333. A letter from the Director, Office of capital gains tax rate by one-half for tax- SUI, Mr. SAM JOHNSON, and Mr. WAT- payers age 55 and older; to the Committee on Regulatory Management and Information, KINS): Environmental Protection Agency, transmit- Ways and Means. H.R. 1623. A bill to amend the Internal Rev- By Mr. MENENDEZ (for himself, Mr. ting the Agency’s final rule—Testing Con- enue Code of 1986 to provide that the rate of sent Order for Phenol [OPPTS–42150C; FRL– DICKS, and Mr. JONES): tax on certain fuels derived from natural gas H.R. 1630. A bill to direct the Secretary of 5712–3] (RIN: 2070–AB94) received May 14, shall be based on the Btu equivalence with a Transportation to study and report on exist- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the gallon of gasoline, and for other purposes; to ing ferry operations and potential ferry Committee on Commerce. the Committee on Ways and Means. routes in the United States, to authorize the 3334. A letter from the Director, Office of By Mr. EVANS (for himself, Mr. GEP- Secretary to provide financial assistance for Regulatory Management and Information, HARDT, Mr. BONIOR, Mr. SABO, Ms. the development of ferry operations, and for Environmental Protection Agency, transmit- NORTON, Mr. COYNE, Mr. FROST, Mr. other purposes; to the Committee on Trans- ting the Agency’s final rule—Utah: Final Au- OLVER, Ms. SLAUGHTER, Mr. HOLDEN, portation and Infrastructure. thorization of State Hazardous Waste Man- Mr. FILNER, Mr. FALEOMAVAEGA, Mr. By Mr. MICA: agement Program Revisions [FRL–5826–4] re- KLINK, Mr. MASCARA, Mr. DOYLE, Mr. H.R. 1631. A bill to amend title 5, United ceived May 14, 1997, pursuant to 5 U.S.C. HINCHEY, Mr. BORSKI, Mr. RUSH, Mr. States Code, to make coverage under the 801(a)(1)(A); to the Committee on Commerce. MARTINEZ, Mr. TORRES, Ms. CARSON, health benefits program for Federal employ- 3335. A letter from the Director, Office of Mr. ABERCROMBIE, Mr. SANDERS, Mr. ees available to military dependents and Regulatory Management and Information, BROWN of California, and Mr. LIPIN- military retirees, and for other purposes; to Environmental Protection Agency, transmit- SKI): the Committee on Government Reform and ting the Agency’s final rule—Phase I Finding H.R. 1624. A bill to provide for the debar- Oversight, and in addition to the Committee of Failure to Submit Required State Imple- ment or suspension from Federal procure- on National Security, for a period to be sub- mentation Plans for the Philadelphia Ozone ment and nonprocurement activities of per- sequently determined by the Speaker, in Nonattainment Area; Pennsylvania [PA 104– sons that violate certain labor and safety each case for consideration of such provi- 4059; FRL–5826–3] received May 14, 1997, pur- laws; to the Committee on Government Re- sions as fall within the jurisdiction of the suant to 5 U.S.C. 801(a)(1)(A); to the Commit- form and Oversight, and in addition to the committee concerned. tee on Commerce. Committee on Education and the Workforce, By Mr. PAYNE: 3336. A letter from the Associate Managing for a period to be subsequently determined H.R. 1632. A bill to amend the Internal Rev- Director—Performance Evaluation and by the Speaker, in each case for consider- enue Code of 1986 to permanently extend the Records Management, Federal Communica- ation of such provisions as fall within the ju- exclusion for employer-provided educational tions Commission, transmitting the Com- risdiction of the committee concerned. assistance programs, to restore such exclu- mission’s final rule—Federal-State Joint By Mr. FAWELL (for himself, Mr. sion for graduate level courses, and to allow Board on Universal Service [CC Docket No. GINGRICH, Mr. ARMEY, Mr. BOEHNER, a deduction for interest on education loans; 96–45] received May 14, 1997, pursuant to 5 Ms. MOLINARI, Mr. GOODLING, Mr. to the Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on BALLENGER, Mr. BARRETT of Ne- By Mr. PITTS: Commerce. braska, Mr. MCKEON, Mr. H.R. 1633. A bill to amend the Internal Rev- f KNOLLENBERG, Mr. RIGGS, Mr. GRA- enue Code of 1986 to allow a refundable credit HAM, Mr. MCINTOSH, Mr. NORWOOD, for education expenses; to the Committee on REPORTS OF COMMITTEES ON Mr. PETERSON of Pennsylvania, Mr. Ways and Means. PUBLIC BILLS AND RESOLUTIONS DEAL of Georgia, Mr. HILLEARY, Mr. By Mr. SMITH of New Jersey (for him- Under clause 2 of rule XIII, reports of PAXON, Mr. WATTS of Oklahoma, Mr. self and Mr. WOLF): committees were delivered to the Clerk HERGER, Mr. HEFLEY, Mr. H.R. 1634. A bill to set forth certain prin- SNOWBARGER, Mrs. FOWLER, Mrs. ciples that should be adhered to by any Unit- for printing and reference to the proper MYRICK, Ms. DUNN of Washington, ed States national conducting an industrial calendar, as follows: Mr. HAYWORTH, and Mr. SKEEN): cooperation project in the People’s Republic Mr. MCINNIS: Committee on Rules. House H.R. 1625. A bill to ensure that workers of China or Tibet; to the Committee on Resolution 150. Resolution providing for con- have sufficient information about their International Relations. sideration of the bill (H.R. 1385) to consoli- rights regarding the payment of dues or fees By Mr. STOKES (for himself, Mr. date, coordinate, and improve employment, to labor organizations and the uses of em- PORTMAN, Mr. BARRETT of Wisconsin, H2784 CONGRESSIONAL RECORD — HOUSE May 15, 1997

Mr. BISHOP, Mr. BOEHNER, Ms. BROWN By Ms. WATERS (for herself, Mr. By Mr. CRAPO (for himself, Mr. BERRY, of Florida, Mr. BROWN of Ohio, Mr. CUMMINGS, Mr. HILLIARD, Mr. JACK- and Mr. WATKINS): CARDIN, Ms. CARSON, Mr. CHABOT, Mr. SON, Ms. JACKSON-LEE, Ms. MCKIN- H. Res. 151. Resolution to encourage con- CLAY, Mrs. CLAYTON, Mr. CLYBURN, NEY, Mrs. MEEK of Florida, Mr. sumers to consult with their pharmacists in Mr. CONYERS, Mr. CUMMINGS, Mr. THOMPSON, Ms. BROWN of Florida, Mr. connection with the purchase and use of DAVIS of Illinois, Mr. DEFAZIO, Ms. RUSH, Mr. TOWNS, Mr. DIXON, Mr. over-the-counter drug products; to the Com- DELAURO, Mr. DELLUMS, Mr. DICKS, STOKES, Mr. CONYERS, Mr. DELLUMS, mittee on Commerce. Mr. DIXON, Mr. EVANS, Mr. FILNER, Mr. RANGEL, Mrs. CLAYTON, Ms. KIL- By Mr. FRANKS of New Jersey (for Mr. FLAKE, Mr. FORD, Mr. FRANK of PATRICK, Mr. CLYBURN, Mr. FORD, Mr. himself, Mr. DINGELL, Mr. PAPPAS, Massachusetts, Mr. FROST, Mr. GING- DAVIS of Illinois, Mr. OWENS, Mr. Mr. FRELINGHUYSEN, Mr. LOBIONDO, RICH, Mr. GUTIERREZ, Mr. HILLIARD, WATT of North Carolina, Mr. WYNN, Mr. SMITH of New Jersey, Mr. Mr. HOBSON, Mr. JACKSON, Ms. JACK- Mr. SCOTT, Mr. HASTINGS of Florida, SAXTON, Mr. ANDREWS, Mr. BROWN of SON-LEE, Mr. JEFFERSON, Ms. EDDIE Ms. CHRISTIAN-GREEN, Ms. CARSON, Ohio, Mr. MILLER of California, Mr. BERNICE JOHNSON of Texas, Mr. KA- Ms. NORTON, Mr. PAYNE, Mr. CLAY, KILDEE, Mr. TRAFICANT, Mr. SICH, Ms. KILPATRICK, Mr. LEWIS of Mr. JEFFERSON, Ms. EDDIE BERNICE PASCRELL, Mr. TAYLOR of North Caro- Georgia, Mr. MCGOVERN, Ms. MCKIN- JOHNSON of Texas, Mr. FATTAH, Mr. lina, and Mrs. ROUKEMA): NEY, Mrs. MALONEY of New York, LEWIS of Georgia, and Ms. H. Con. Res. 80. Concurrent resolution re- Mrs. MEEK of Florida, Ms. MILLENDER-MCDONALD): lating to maintaining the current standard MILLENDER-MCDONALD, Mr. MILLER H.R. 1637. A bill to amend the Public behind the ‘‘Made in USA’’ label, in order to of California, Mr. MORAN of Virginia, Health Service Act with respect to the provi- protect consumers and jobs in the United Mrs. MORELLA, Mr. NEAL of Massa- sion to at-risk communities of services under States; to the Committee on Commerce. chusetts, Mr. NEY, Ms. NORTON, Mr. the program of block grants for the preven- By Mr. GILMAN (for himself, Mr. HAM- OWENS, Mr. OXLEY, Ms. PELOSI, Mr. tion and treatment of substance abuse; to ILTON, Mr. PORTER, Mr. BILIRAKIS, POSHARD, Mr. RANGEL, Mr. RUSH, Mr. the Committee on Commerce. Mr. ENGEL, and Mrs. MALONEY of New SAWYER, Mr. DAN SCHAEFER of Colo- H.R. 1638. A bill to amend the Public York): rado, Mr. SCOTT, Mr. SISISKY, Mr. Health Service Act with respect to the provi- H. Con. Res. 81. Concurrent resolution call- STRICKLAND, Mr. THOMPSON, Mr. sion of rehabilitation services under the pro- ing for a United States initiative seeking a TRAFICANT, Ms. WATERS, Mr. WATT of gram of block grants for the prevention and just and peaceful resolution of the situation North Carolina, Mr. WATTS of Okla- treatment of substance abuse; to the Com- on Cyprus; to the Committee on Inter- homa, Mr. WYNN, Mr. GONZALEZ, Ms. mittee on Commerce. national Relations. CHRISTIAN-GREEN, Mr. PAYNE, Mr. H.R. 1639. A bill to establish an education By Mr. BROWN of California: FATTAH, Mr. HASTINGS of Florida, and development block grant program to allow H. Con. Res. 82. Concurrent resolution es- local educational agencies to use such funds Mr. TOWNS): tablishing the congressional budget for the H.R. 1635. A bill to establish within the and to borrow five times the amount of such U.S. Government for fiscal year 1998 and set- United States National Park Service the Na- funds to repair school infrastructure; to the ting forth appropriate budgetary levels for tional Underground Railroad Network to Committee on Education and the Workforce. fiscal years 1999, 2000, 2001, and 2002; to the Freedom Program, and for other purposes; to H.R. 1640. A bill to establish computer Committee on the Budget. the Committee on Resources. learning centers in low income areas; to the By Mr. WAXMAN (for himself, Mr. Committee on Education and the Workforce. f SAXTON, Mr. PALLONE, Mr. MARKEY, H.R. 1641. A bill to amend the National Mr. ANDREWS, Mr. LEWIS of Georgia, Narcotics Leadership Act of 1988 to increase PRIVATE BILLS AND Mr. SHAYS, Mr. BROWN of Ohio, Mr. the amount of funds that the Director of Na- RESOLUTIONS tional Drug Control Policy may transfer be- GONZALEZ, Mr. DICKS, Mr. FOGLIETTA, Under clause 1 of rule XXII, Mr. BARRETT of Wisconsin, Ms. tween National Drug Control Program agen- Mrs. CHENOWETH introduced a bill (H.R. DEGETTE, Mr. JACKSON, Mr. LANTOS, cy accounts; to the Committee on Govern- 1649) to make retroactive the entitlement of Mr. GUTIERREZ, Mr. HORN, Ms. ment Reform and Oversight. certain Medal of Honor recipients to the spe- MCCARTHY of Missouri, Mrs. ROU- H.R. 1642. A bill to amend the Foreign As- cial pension provided for persons entered and KEMA, Mr. FORD, Mr. MOAKLEY, Mr. sistance Act of 1961 to provide for the estab- recorded on the Army, Navy, Air Force, and CLAY, Mr. YATES, Mr. CASTLE, Ms. lishment of an alternative crop production demonstration program for developing coun- Coast Guard Medal of Honor Roll; which was PELOSI, Mr. COYNE, Mr. CAPPS, Mr. tries with illicit crop production; to the referred to the Committee on Veterans’ Af- DAVIS of Illinois, Mr. GEJDENSON, Mr. Committee on International Relations. fairs. CUMMINGS, Mr. MILLER of California, H.R. 1643. A bill to provide for an increase Ms. ESHOO, Mrs. KENNELLY of Con- f in funding for programs for the prevention necticut, Mr. DELLUMS, Mr. KUCINICH, and treatment of substance abuse in the Fed- Mr. HINCHEY, Mrs. MEEK of Florida, ADDITIONAL SPONSORS eral prison system; to the Committee on the Mr. BERMAN, Mr. SMITH of New Jer- Judiciary. Under clause 4 of rule XXII, sponsors sey, Ms. EDDIE BERNICE JOHNSON of H.R. 1644. A bill to provide for programs were added to public bills and resolu- Texas, Mr. MENENDEZ, Mr. WEXLER, that involve continuing judicial supervision tions as follows: Mr. FILNER, Mr. PASCRELL, Mr. over offenders with substance abuse prob- H.R. 14: Mr. DUNCAN, Mr. HANSEN, Mr. PAYNE, Mr. BARCIA of Michigan, Ms. lems who are not violent offenders; to the CRANE, Mr. DAVIS of Virginia, Mr. WELDON of RIVERS, Ms. MCKINNEY, Mrs. MINK of Committee on the Judiciary. Hawaii, Mrs. MALONEY of New York, H.R. 1645. A bill to amend title 18, United Florida, Mrs. NORTHUP, Ms. DANNER, Mr. Mr. BONIOR, Mr. WYNN, Mr. BROWN of States Code, to provide additional penalties PASTOR, Mr. DOOLEY of California, Mr. California, Mr. DEFAZIO, Mr. for theft by public officials under color of TIAHRT, Mr. WAMP, Mr. GUTKNECHT, Mr. CLYBURN, Mr. KENNEDY of Massachu- law; to the Committee on the Judiciary. SHADEGG, and Mr. PORTMAN. setts, Mrs. MORELLA, Mr. THOMPSON, H.R. 1646. A bill to authorize States to pro- H.R. 15: Mr. GIBBONS, Mr. THORNBERRY, Mr. Mr. CONYERS, Mr. ALLEN, Mr. EVANS, vide temporary assistance for needy families DOOLITTLE, Mr. RADANOVICH, Ms. WOOLSEY, Mr. MORAN of Virginia, Mr. in a manner that complements the efforts of and Mr. PETERSON of Pennsylvania. BLAGOJEVICH, Ms. HOOLEY of Oregon, certain adults who are caring for the chil- H.R. 45: Mr. OBERSTAR, Mrs. THURMAN, and Mr. RUSH, Mr. NADLER, Mr. PASTOR, dren of relatives; to the Committee on Ways Mr. CONYERS. Ms. FURSE, Ms. WOOLSEY, Mr. SAND- and Means. H.R. 58: Mr. GIBBONS and Mr. BACHUS. ERS, Mr. KENNEDY of Rhode Island, H.R. 1647. A bill to establish a Small Busi- H.R. 96: Mrs. MCCARTHY of New York, Mr. Mr. BLUMENAUER, Mrs. CLAYTON, Mr. ness Development Fund to promote eco- DEAL of Georgia, and Mr. CRAMER. CARDIN, Mr. FRANKS of New Jersey, nomic revitalization and community devel- H.R. 125: Mr. CRAPO. Mr. KIND of Wisconsin, Ms. DELAURO, opment through investment in, and assist- H.R. 145: Mrs. TAUSCHER, Ms. FURSE, Mr. Mr. MCGOVERN, Mr. DELAHUNT, Mr. ance to, qualified women and minority busi- TAYLOR of Mississippi, Ms. CARSON, and Mr. SERRANO, Mr. HASTINGS of Florida, ness people; to the Committee on Ways and ABERCROMBIE. Mr. OLVER, Mr. NEAL of Massachu- Means, and in addition to the Committees on H.R. 198: Mr. TALENT. setts, Mr. LAFALCE, Mr. ACKERMAN, the Budget, and Small Business, for a period H.R. 267: Mr. HOYER. Mrs. LOWEY, Mr. ROTHMAN, Mr. to be subsequently determined by the Speak- H.R. 289: Mrs. MINK of Hawaii. DIXON, Mr. MEEHAN, Mr. MCDERMOTT, er, in each case for consideration of such pro- H.R. 292: Mr. GOODLING. Mr. ADAM SMITH of Washington, Mr. visions as fall within the jurisdiction of the H.R. 337: Mr. ROTHMAN, Mr. WYNN, and Mr. STARK, and Mr. BAESLER): committee concerned. THOMPSON. H.R. 1636. A bill to disclose environmental By Mr. WATKINS: H.R. 339: Mr. FOX of Pennsylvania and Mr. risks to children’s heath and expand the H.R. 1648. A bill to encourage production of TURNER. public’s right to know about toxic chemical oil and gas within the United States by pro- H.R. 411: Mr. ALLEN, Mr. ENGEL, and Mr. use and release, and for other purposes; to viding tax incentives, and for other purposes; CLAY. the Committee on Commerce. to the Committee on Ways and Means. H.R. 443: Mr. SANDERS. May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2785 H.R. 444: Mr. DAVIS of Illinois. H.R. 1201: Mr. MCDERMOTT. DELETIONS OF SPONSORS FROM H.R. 475: Mr. ACKERMAN and Mr. BERRY. H.R. 1222: Mr. FALEOMAVAEGA. PUBLIC BILLS AND RESOLUTIONS H.R. 493: Mr. MALONEY of Connecticut. H.R. 1232: Mr. SCARBOROUGH, Mr. BERMAN, H.R. 505: Mr. CARDIN. and Mr. LEACH. Under clause 4 of rule XXII, sponsors H.R. 586: Mr. GIBBONS. H.R. 1247: Mr. NETHERCUTT, Mrs. CUBIN, Mr. were deleted from public bills and reso- H.R. 587: Mr. FRELINGHUYSEN. BUYER, and Mrs. EMERSON. lutions as follows: H.R. 603: Mr. PETRI, Mr. PASCRELL, and Mr. H.R. 1260: Mr. KENNEDY of Massachusetts, H.R. 900: Mr. ROMERO-BARCELO´ . BARRETT of Wisconsin. Ms. FURSE, and Mr. LANTOS. H.R. 1111: Mr. MORAN of Kansas. H.R. 611: Ms. PELOSI, Mr. GORDON, Mrs. H.R. 1283: Mr. HORN, Mr. BUNNING of Ken- TAUSCHER, Mr. FOX of Pennsylvania, and Mr. tucky, Mr. TALENT, Mr. RADANOVICH, and Mr. f WATT of North Carolina. CRANE. H.R. 617: Mr. BURTON of Indiana, Mr. MCIN- H.R. 1287: Mr. BEREUTER. AMENDMENTS TYRE, Mr. OLVER, Mr. FILNER, Mr. PASCRELL, H.R. 1338: Mr. WICKER. Mr. BALDACCI, and Mr. MANTON. Under clause 6 of rule XXIII, pro- H.R. 1350: Mr. SENSENBRENNER. posed amendments were submitted as H.R. 628: Mr. SAM JOHNSON. H.R. 1383: Mr. BALDACCI, Mr. COYNE, and OLBE RAHAM H.R. 631: Mr. K and Mr. G . Mr. OLVER. follows: H.R. 695: Mr. SHERMAN, Mr. DREIER, Mr. H.R. 1395: Ms. MCKINNEY and Mr. MCIN- H.R. 408 CALVERT, Mr. CAPPS, Mr. LINDER, Mr. TYRE. OFFERED BY: MR. YOUNG OF ALASKA MCINNIS, Mr. GRAHAM, Mr. THOMAS, Ms. H.R. 1437: Mr. LAFALCE. MCKINNEY, Mrs. MCCARTHY of New York, Mr. (Amendment in the Nature of a Substitute) H.R. 1453: Mr. GUTIERREZ, Mr. MCGOVERN, FRANK of Massachusetts, Mr. SISISKY, Mr. AMENDMENT NO. 1: Strike all after the en- Mr. MARTINEZ, and Mr. BARRETT of Wiscon- FORBES, Mr. BLUNT, Mr. ISTOOK, and Mr. sin. acting clause and insert in lieu thereof the PICKERING. following: H.R. 1456: Mr. BARCIA of Michigan. H.R. 699: Mr. CALVERT, Mr. SNOWBARGER, H.R. 1464: Mr. WALSH. SECTION 1. SHORT TITLE; REFERENCES. Mr. BARRETT of Nebraska, Mr. MCINTOSH, Mr. H.R. 1505: Mr. LEWIS of Georgia. (a) SHORT TITLE.—This Act may be cited as HALL of Texas, Mr. BLILEY, Mr. PETERSON of H.R. 1521: Mr. CUNNINGHAM, Mr. FILNER, the ‘‘International Dolphin Conservation Pennsylvania, Mr. KINGSTON, Mr. KING of and Mr. STRICKLAND. Program Act’’. New York, Mrs. KELLY, and Mr. HERGER. H.R. 1532: Mr. GOODLATTE and Mr. WELLER. (b) REFERENCES TO MARINE MAMMAL PRO- H.R. 707: Mr. ADAM SMITH of Washington. H.R. 1542: Mr. SESSIONS. TECTION ACT.—Except as otherwise expressly H.R. 722: Mr. MCKEON, Mr. SENSENBRENNER, H.R. 1549: Mr. BARRETT of Wisconsin. provided, whenever in this Act an amend- Mr. KING of New York, Mr. PAXON, Mr. H.R. 1556: Mr. GREEN and Mr. PETRI. ment or repeal is expressed in terms of an KLINK, and Mr. HUTCHINSON. H.R. 1559: Mr. MCCOLLUM, Mr. HYDE, Mr. amendment to, or repeal of, a section or H.R. 734: Mr. HOLDEN, Mr. KUCINICH, and HORN, Mr. NETHERCUTT, Mr. GUTKNECHT, and other provision, the reference shall be con- Mr. LIPINSKI. Mr. CHRISTENSEN. sidered to be made to a section or other pro- H.R. 754: Mr. HOLDEN and Mr. CAMPBELL. H.R. 1568: Mrs. MEEK of Florida, Mrs. CLAY- vision of the Marine Mammal Protection Act H.R. 778: Ms. DELAURO and Mr. MARTINEZ. TON, and Mr. SNYDER. of 1972 (16 U.S.C. 1361 et seq.). H.R. 779: Mr. CAPPS, Ms. DELAURO, and Mr. H.R. 1574: Mr. HASTERT and Mr. BARTON of SEC. 2. PURPOSE AND FINDINGS. MARTINEZ. Texas. (a) PURPOSE.—The purposes of this Act H.R. 780: Ms. DELAURO and Mr. MARTINEZ. ORTHUP H.R. 806: Mr. BONIOR. H.R. 1577: Mrs. N . are— H.R. 816: Mrs. FOWLER. H.J. Res. 54: Mr. BOYD. (1) to give effect to the Declaration of Pan- H.R. 859: Mr. GOODLATTE and Mr. MILLER of H.J. Res. 75: Mr. GILLMOR, Mrs. ROUKEMA, ama, signed October 4, 1995, by the Govern- Florida. Mr. VISCLOSKY, Mr. ARCHER, Mr. RANGEL, Mr. ments of Belize, Colombia, Costa Rica, Ecua- H.R. 866: Mr. SENSENBRENNER. HULSHOF, Mr. PORTMAN, Mr. JENKINS, Mrs. dor, France, Honduras, Mexico, Panama, H.R. 875: Mr. FOX of Pennsylvania, Mr. LINDA SMITH of Washington, Mr. DICKS, Mr. Spain, the United States of America, BISHOP, Mr. MALONEY of Connecticut, and HALL of Ohio, Mr. TRAFICANT, Mr. SENSEN- Vanuatu, and Venezuela, including the es- Ms. JACKSON-LEE. BRENNER, Mr. GALLEGLY, Mr. MOLLOHAN, Mr. tablishment of the International Dolphin H.R. 877: Mr. SKAGGS, Mr. TALENT, Mr. BE- YOUNG of Alaska, Ms. ROS-LEHTINEN, Mr. Conservation Program, relating to the pro- REUTER, Mr. KENNEDY of Rhode Island, and BARTON of Texas, Mr. PRICE of North Caro- tection of dolphins and other species, and the Ms. MOLINARI. lina, Mr. GANSKE, Mr. FAZIO of California, conservation and management of tuna in the H.R. 891: Mr. TALENT. Mr. HOLDEN, Mr. COBURN, Mr. DIAZ-BALART, eastern tropical Pacific Ocean; H.R. 901: Mr. ROYCE, Mr. PITTS, Mr. SALM- Mr. BEREUTER, Mr. BISHOP, Mr. HOBSON, Mr. (2) to recognize that nations fishing for ON, Mr. WAMP, Mr. GOODLING, and Mr. JEN- LEACH, Mr. PETRI, Mr. CANADY of Florida, tuna in the eastern tropical Pacific Ocean KINS. Mr. FAWELL, Mr. ISTOOK, Mr. DOYLE, Mr. have achieved significant reductions in dol- H.R. 916: Mr. SAM JOHNSON, Mr. MILLER of SCOTT, Mr. ROGAN, Mrs. KELLY, Mr. ORTIZ, phin mortality associated with that fishery; Florida, Mr. KLINK, and Ms. FURSE. Mr. LUCAS of Oklahoma, Mr. BOB SCHAFFER, and H.R. 919: Mr. BONIOR and Mr. GUTIERREZ. Mr. GREENWOOD, Mr. HILL, Mr. BRYANT, and (3) to eliminate the ban on imports of tuna H.R. 946: Mr. METCALF and Mr. Mr. BONO. from those nations that are in compliance THORNBERRY. H.J. Res. 76: Mrs. MALONEY of New York, with the International Dolphin Conservation H.R. 956: Mr. BOYD, Ms. CARSON, and Mr. Mr. RAHALL, Mr. SABO, Ms. PELOSI, and Mr. Program. WICKER. MCGOVERN. (b) FINDINGS.—The Congress finds the fol- H.R. 970: Mr. WATKINS and Mr. SMITH of H. Con. Res. 10: Mr. MASCARA, Mr. COBLE, lowing: Texas. Ms. STABENOW, Mr. BORSKI, Mr. HILLIARD, (1) The nations that fish for tuna in the H.R. 972: Mr. MILLER of Florida. and Mr. MALONEY of Connecticut. eastern tropical Pacific Ocean have achieved H.R. 991: Ms. MILLENDER-MCDONALD, Mrs. H. Con. Res. 13: Mr. MOAKLEY, Mr. GOOD- significant reductions in dolphin mortalities EMERSON, and Mr. BLUMENAUER. LING, Mr. PETERSON of Pennsylvania, and Mr. associated with the purse seine fishery from H.R. 1016: Mr. DAN SCHAEFER of Colorado. CHAMBLISS. hundreds of thousands annually to fewer H.R. 1037: Mrs. KENNELLY of Connecticut. H. Con. Res. 14: Mr. OBERSTAR, Mr. PAPPAS, than 5,000 annually. H.R. 1050: Mr. BONIOR. and Mr. FARR of California. (2) The provisions of the Marine Mammal H.R. 1053: Mr. COBURN, Mr. TAYLOR of Mis- H. Con. Res. 51: Mr. MARTINEZ. Protection Act of 1972 that impose a ban on sissippi, and Mr. CAPPS. H. Con. Res. 52: Mr. MARTINEZ, Mr. SABO, imports from nations that fish for tuna in H.R. 1075: Mr. ACKERMAN and Mrs. LOWEY. Mr. OBERSTAR, and Mr. STENHOLM. the eastern tropical Pacific Ocean have H.R. 1076: Mr. MCGOVERN. H. Con. Res. 65: Mr. LANTOS, Ms. ROS- served as an incentive to reduce dolphin H.R. 1100: Mr. THORNBERRY. LEHTINEN, Mr. HERGER, Mr. BONIOR, Mr. mortalities. H.R. 1111: Mr. MORAN of Virginia. MARTINEZ, Mr. TURNER, Mr. CONYERS, Ms. (3) Tuna canners and processors of the H.R. 1129: Mr. BROWN of California, Ms. WATERS, Mr. CLYBURN, Ms. JACKSON-LEE, Mr. United States have led the canning and proc- BROWN of Florida, and Mr. TAYLOR of North JACKSON, Mr. RANGEL, Ms. BROWN of Florida, essing industry in promoting a dolphin-safe Carolina. Mr. FORD, Mr. LEWIS of Georgia, Mr. WYNN, tuna market. H.R. 1134: Mr. COSTELLO, Mr. EHRLICH, and Mr. RUSH, Mr. DAVIS of Illinois, Ms. EDDIE (4) 12 signatory nations to the Declaration Mr. SMITH of New Jersey. BERNICE JOHNSON of Texas, Mr. FLAKE, Ms. of Panama, including the United States, H.R. 1159: Mr. TIERNEY and Mr. MARTINEZ. KILPATRICK, Mr. BISHOP, Mrs. CLAYTON, Mr. agreed under that Declaration to require H.R. 1161: Mr. MCKEON and Mr. MANZULLO. HILLIARD, Mr. STOKES, and Mr. WATT of that the total annual dolphin mortality in H.R. 1172: Mr. WELDON of Pennsylvania, North Carolina. the purse seine fishery for yellowfin tuna in Mrs. ROUKEMA, Mr. PICKERING, Mr. BOB H. Res. 110: Mr. GOODLATTE, and Mr. the eastern tropical Pacific Ocean not exceed SCHAFFER, and Mr. LUCAS of Oklahoma. GUTKNECHT. 5,000, with a commitment and objective to H.R. 1178: Mr. CAPPS. H. Res. 122: Mr. LIVINGSTON, Mr. ROMERO- progressively reduce dolphin mortality to a H.R. 1189: Ms. KAPTUR, Mr. TURNER, Mr. BARCELO´ , Mr. JONES, Mr. COOK, Mr. HEFLEY, level approaching zero through the setting of RADANOVICH, Mr. JENKINS, and Mr. WICKER. Mr. COOKSEY, and Mrs. MORELLA. annual limits. H2786 CONGRESSIONAL RECORD — HOUSE May 15, 1997

SEC. 3. DEFINITIONS. ‘‘(ii) the tuna or products therefrom were ‘‘(h) ANNUAL PERMITS.—(1) Consistent with Section 3 (16 U.S.C. 1362) is amended by harvested after the effective date of the the regulations prescribed pursuant to sec- adding at the end the following new para- International Dolphin Conservation Program tion 103 and the requirements of section 101, graphs: Act by vessels of a nation which participates the Secretary may issue an annual permit to ‘‘(28) The term ‘International Dolphin Con- in the International Dolphin Conservation a United States vessel for the taking of such servation Program’ means the international Program, such harvesting nation is either a marine mammals, and shall issue regula- program established by the agreement signed member of the Inter-American Tropical tions to cover the use of any such annual in La Jolla, California, in June 1992, as for- Tuna Commission or has initiated (and with- permits. malized, modified, and enhanced in accord- in 6 months thereafter completed) all steps ‘‘(2) Annual permits described in paragraph ance with the Declaration of Panama, that (in accordance with article V, paragraph 3 of (1) for the incidental taking of marine mam- requires— the Convention establishing the Inter-Amer- mals in the course of commercial purse seine ‘‘(A) that the total annual dolphin mortal- ican Tropical Tuna Commission) necessary fishing for yellowfin tuna in the eastern ity in the purse seine fishery for yellowfin to become a member of that organization; tropical Pacific Ocean shall be governed by tuna in the eastern tropical Pacific Ocean ‘‘(iii) such nation is meeting the obliga- section 304, subject to the regulations issued not exceed 5,000, with the commitment and tions of the International Dolphin Conserva- pursuant to section 302.’’. (e) REVISIONS AND FUNDING SOURCES.—Sec- objective to progressively reduce dolphin tion Program and the obligations of member- mortality to levels approaching zero through tion 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended ship in the Inter-American Tropical Tuna as follows: the setting of annual limits; Commission, including all financial obliga- ‘‘(B) the establishment of a per-stock per- (1) By striking ‘‘and’’ at the end of sub- tions; paragraph (A). year mortality limit for dolphins, for each ‘‘(iv) the total dolphin mortality permitted year through the year 2000, of between 0.2 (2) By adding at the end the following: under the International Dolphin Conserva- ‘‘(C) discussions to expeditiously negotiate percent and 0.1 percent of the minimum pop- tion Program will not exceed 5,000 in 1997, or ulation estimate; revisions to the Convention for the Estab- in any year thereafter, consistent with the lishment of an Inter-American Tropical ‘‘(C) beginning with the year 2001, that the commitment and objective of progressively per-stock per-year mortality of dolphin not Tuna Commission (1 UST 230, TIAS 2044) reducing dolphin mortality to levels ap- which will incorporate conservation and exceed 0.1 percent of the minimum popu- proaching zero through the setting of annual lation estimate; management provisions agreed to by the na- limits and the goal of eliminating dolphin ‘‘(D) that if the mortality limit set forth in tions which have signed the Declaration of mortality; and subparagraph (A) is exceeded, all sets on dol- Panama; ‘‘(v) the tuna or products therefrom were phins shall cease for the fishing year con- ‘‘(D) a revised schedule of annual contribu- harvested after the effective date of the cerned; tions to the expenses of the Inter-American International Dolphin Conservation Program ‘‘(E) that if the mortality limit set forth in Tropical Tuna Commission that is equitable Act by vessels of a nation which participates subparagraph (B) or (C) is exceeded sets on to participating nations; and in the International Dolphin Conservation such stock and any mixed schools containing ‘‘(E) discussions with those countries par- Program, and such harvesting nation has not members of such stock shall cease for that ticipating or likely to participate in the vetoed the participation by any other nation fishing year; International Dolphin Conservation Pro- in such Program.’’. ‘‘(F) in the case of subparagraph (B), to gram, to identify alternative sources of (c) ACCEPTANCE OF EVIDENCE COVERAGE.— funds to ensure that needed research and conduct a scientific review and assessment Section 101 (16 U.S.C. 1371) is amended by other measures benefiting effective protec- in 1998 of progress toward the year 2000 ob- adding at the end the following new sub- tion of dolphins, other marine species, and jective and consider recommendations as ap- sections: propriate; and ‘‘(d) ACCEPTANCE OF DOCUMENTARY EVI- the marine ecosystem;’’. (f) REPEAL OF NAS REVIEW.—Section 110 (16 ‘‘(G) in the case of subparagraph (C), to DENCE.—The Secretary shall not accept docu- conduct a scientific review and assessment mentary evidence referred to in section U.S.C. 1380) is amended as follows: regarding that stock or those stocks and 101(a)(2)(B) as satisfactory proof for purposes (1) By redesignating subsection (a)(1) as consider further recommendations; of section 101(a)(2) if— subsection (a). ‘‘(H) the establishment of a per-vessel max- ‘‘(1) the government of the harvesting na- (2) By striking subsection (a)(2). (g) LABELING OF TUNA PRODUCTS.—Para- imum annual dolphin mortality limit con- tion does not provide directly or authorize graph (1) of section 901(d) of the Dolphin Pro- sistent with the established per-year mortal- the Inter-American Tropical Tuna Commis- tection Consumer Information Act (16 U.S.C. ity caps; and sion to release complete and accurate infor- ‘‘(I) the provision of a system of incentives 1385(d)(1)) is amended to read as follows: mation to the Secretary to allow a deter- ‘‘(1) It is a violation of section 5 of the Fed- to vessel captains to continue to reduce dol- mination of compliance with the Inter- eral Trade Commission Act for any producer, phin mortality, with the goal of eliminating national Dolphin Conservation Program; importer, exporter, distributor, or seller of dolphin mortality. ‘‘(2) the government of the harvesting na- any tuna product that is exported from or of- ‘‘(29) The term ‘Declaration of Panama’ tion does not provide directly or authorize fered for sale in the United States to include means the declaration signed in Panama the Inter-American Tropical Tuna Commis- on the label of that product the term ‘Dol- City, Republic of Panama, on October 4, sion to release complete and accurate infor- phin Safe’ or any other term or symbol that 1995.’’. mation to the Secretary in a timely manner falsely claims or suggests that the tuna con- SEC. 4. AMENDMENTS TO TITLE I. for the purposes of tracking and verifying tained in the product was harvested using a (a) AUTHORIZATION FOR INCIDENTAL TAK- compliance with the minimum requirements method of fishing that is not harmful to dol- ING.—Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is established by the Secretary in regulations phins if the product contains any of the fol- amended as follows: promulgated under subsection (f) of the Dol- lowing: (1) By inserting after the first sentence phin Protection Consumer Information Act ‘‘(A) Tuna harvested on the high seas by a ‘‘Such authorizations may also be granted (16 U.S.C. 1385(f)); or vessel engaged in driftnet fishing. under title III with respect to the yellowfin ‘‘(3) after taking into consideration this in- ‘‘(B) Tuna harvested in the eastern tropical tuna fishery of the eastern tropical Pacific formation, findings of the Inter-American Pacific Ocean by a vessel using purse seine Ocean, subject to regulations prescribed Tropical Tuna Commission, and any other nets unless the tuna is considered dolphin under that title by the Secretary without re- relevant information, including information safe under paragraph (2). gard to section 103.’’. that a nation is consistently failing to take ‘‘(C) Tuna harvested outside the eastern (2) By striking the semicolon in the second enforcement actions on violations which di- tropical Pacific Ocean by a vessel using sentence and all that follows through ‘‘prac- minish the effectiveness of the International purse seine nets unless the tuna is consid- ticable’’. Dolphin Conservation Program, the Sec- ered dolphin safe under paragraph (3). (b) DOCUMENTARY EVIDENCE.—Section retary, in consultation with the Secretary of ‘‘(D) Tuna harvested by a vessel engaged in 101(a) (16 U.S.C. 1371(a)) is amended by strik- State, finds that the harvesting nation is not any fishery identified by the Secretary pur- ing so much of paragraph (2) as follows sub- in compliance with the International Dol- suant to paragraph (4) as having a regular paragraph (A) and as precedes subparagraph phin Conservation Program. and significant incidental mortality of ma- (C) and inserting: ‘‘(e) EXEMPTION.—The provisions of this rine mammals.’’. ‘‘(B) in the case of yellowfin tuna har- Act shall not apply to a citizen of the United (h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) vested with purse seine nets in the eastern States who incidentally takes any marine of section 901(d) of the Dolphin Protection tropical Pacific Ocean, and products there- mammal during fishing operations outside Consumer Information Act (16 U.S.C. from, to be exported to the United States, the United States exclusive economic zone 1385(d)(2)) is amended to read as follows: shall require that the government of the ex- (as defined in section 3(6) of the Magnuson ‘‘(2)(A) For purposes of paragraph (1)(B), a porting nation provide documentary evi- Fishery Conservation and Management Act tuna product that contains tuna harvested in dence that— (16 U.S.C. 1802(6))) when employed on a for- the eastern tropical Pacific Ocean by a ves- ‘‘(i) the tuna or products therefrom were eign fishing vessel of a harvesting nation sel using purse seine nets is dolphin safe if not banned from importation under this which is in compliance with the Inter- the vessel is of a type and size that the Sec- paragraph before the effective date of the national Dolphin Conservation Program.’’. retary has determined, consistent with the International Dolphin Conservation Program (d) ANNUAL PERMITS.—Section 104(h) is International Dolphin Conservation Pro- Act; amended to read as follows: gram, is not capable of deploying its purse May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2787 seine nets on or to encircle dolphins, or if the Treasury, shall issue regulations to im- regulations to implement the International the product meets the requirements of sub- plement subsection (d) not later than 3 Dolphin Conservation Program. paragraph (B). months after the date of enactment of the ‘‘(2)(A) Not later than 3 months after the ‘‘(B) For purposes of paragraph (1)(B), a International Dolphin Conservation Program date of enactment of this section, the Sec- tuna product that contains tuna harvested in Act. In the development of these regulations, retary shall issue regulations to authorize the eastern tropical Pacific Ocean by a ves- the Secretary shall establish appropriate and govern the incidental taking of marine sel using purse seine nets is dolphin safe if procedures for ensuring the confidentiality mammals in the eastern tropical Pacific the product is accompanied by a written of proprietary information the submission of Ocean, including any species of marine mam- statement executed by the captain of the which is voluntary or mandatory. Such regu- mal designated as depleted under this Act vessel which harvested the tuna certifying lations shall, consistent with international but not listed as endangered or threatened that no dolphins were killed during the sets efforts and in coordination with the Inter- under the Endangered Species Act of 1973 (16 in which the tuna were caught and the prod- American Tropical Tuna Commission, estab- U.S.C. 1531 et seq.), by vessels of the United uct is accompanied by a written statement lish a domestic and international tracking States participating in the International executed by— and verification program that provides for Dolphin Conservation Program. ‘‘(i) the Secretary or the Secretary’s des- the effective tracking of tuna labeled under ‘‘(B) Regulations issued under this section ignee; subsection (d), including but not limited to shall include provisions— ‘‘(ii) a representative of the Inter-Amer- each of the following: ‘‘(i) requiring observers on each vessel; ican Tropical Tuna Commission; or ‘‘(1) Specific regulations and provisions ad- ‘‘(ii) requiring use of the backdown proce- ‘‘(iii) an authorized representative of a par- dressing the use of weight calculation for dure or other procedures equally or more ef- ticipating nation whose national program purposes of tracking tuna caught, landed, fective in avoiding mortality of marine meets the requirements of the International processed, and exported. mammals in fishing operations; Dolphin Conservation Program, ‘‘(2) Additional measures to enhance ob- ‘‘(iii) prohibiting intentional deployment which states that there was an observer ap- server coverage if necessary. of nets on, or encirclement of, dolphins in proved by the International Dolphin Con- ‘‘(3) Well location and procedures for mon- violation of the International Dolphin Con- servation Program on board the vessel dur- itoring, certifying, and sealing holds above servation Program; ing the entire trip and documents that no and below deck or other equally effective ‘‘(iv) requiring the use of special equip- dolphins were killed during the sets in which methods of tracking and verifying tuna la- ment, including dolphin safety panels in the tuna concerned were caught. beled under subsection (d). nets, monitoring devices as identified by the ‘‘(C) The statements referred to in clauses ‘‘(4) Reporting receipt of and database stor- International Dolphin Conservation Pro- (i), (ii), and (iii) of subparagraph (B) shall be age of radio and facsimile transmittals from gram, as practicable, to detect unsafe fishing valid only if they are endorsed in writing by fishing vessels containing information relat- conditions before nets are deployed by a tuna each exporter, importer, and processor of the ed to the tracking and verification of tuna, vessel, operable rafts, speedboats with tow- product, and if such statements and endorse- and the definition of sets. ing bridles, floodlights in operable condition, ments comply with regulations promulgated ‘‘(5) Shore-based verification and tracking and diving masks and snorkels; by the Secretary which would provide for the throughout the transshipment and canning ‘‘(v) ensuring that the backdown procedure verification of tuna products as dolphin process by means of Inter-American Tropical during the deployment of nets on, or encir- safe.’’. Tuna Commission trip records or otherwise. clement of, dolphins is completed and rolling (2) Subsection (d) of section 901 of the Dol- ‘‘(6) Provisions for annual audits and spot of the net to sack up has begun no later than phin Protection Consumer Information Act checks for caught, landed, and processed 30 minutes after sundown; (16 U.S.C. 1385(d)) is amended by adding the tuna products labeled in accordance with ‘‘(vi) banning the use of explosive devices following new paragraphs at the end thereof: subsection (d). in all purse seine operations; ‘‘(3) For purposes of paragraph (1)(C), tuna ‘‘(7) The provision of timely access to data ‘‘(vii) establishing per vessel maximum an- or a tuna product that contains tuna har- required under this subsection by the Sec- nual dolphin mortality limits, total dolphin vested outside the eastern tropical Pacific retary from harvesting nations to undertake mortality limits and per-stock per-year mor- Ocean by a vessel using purse seine nets is the actions required in paragraph (6) of this tality limits, in accordance with the Inter- dolphin safe if— subsection.’’. national Dolphin Conservation Program; ‘‘(A) it is accompanied by a written state- SEC. 5. AMENDMENTS TO TITLE III. ‘‘(viii) preventing the intentional deploy- ment executed by the captain of the vessel (a) HEADING.—The heading of title III is ment of nets on, or encirclement of, dolphins certifying that no purse seine net was inten- amended to read as follows: after reaching either the vessel maximum tionally deployed on or to encircle dolphins ‘‘TITLE III—INTERNATIONAL DOLPHIN annual dolphin mortality limits, total dol- during the particular voyage on which the CONSERVATION PROGRAM’’. phin mortality limits, or per-stock per-year tuna was harvested; or mortality limits; ‘‘(B) in any fishery in which the Secretary (b) FINDINGS.—Section 301 (16 U.S.C. 1411) is ‘‘(ix) preventing the fishing on dolphins by has determined that a regular and signifi- amended as follows: a vessel without an assigned vessel dolphin cant association occurs between marine (1) In subsection (a), by amending para- mortality limit; mammals and tuna, it is accompanied by a graph (4) to read as follows: ‘‘(x) allowing for the authorization and written statement executed by the captain of ‘‘(4) Nations harvesting yellowfin tuna in conduct of experimental fishing operations, the vessel and an observer, certifying that no the eastern tropical Pacific Ocean have dem- under such terms and conditions as the Sec- purse seine net was intentionally deployed onstrated their willingness to participate in retary may prescribe, for the purpose of test- on or to encircle marine mammals during appropriate multilateral agreements to re- ing proposed improvements in fishing tech- the particular voyage on which the tuna was duce, with the goal of eliminating, dolphin niques and equipment (including new tech- harvested. mortality in that fishery. Recognition of the ‘‘(4) For purposes of paragraph (1)(D), tuna International Dolphin Conservation Program nology for detecting unsafe fishing condi- or a tuna product that contains tuna har- will assure that the existing trend of reduced tions before nets are deployed by a tuna ves- vested in a fishery identified by the Sec- dolphin mortality continues; that individual sel) that may reduce or eliminate dolphin retary as having a regular and significant in- stocks of dolphins are adequately protected; mortality or do not require the encirclement cidental mortality or serious injury of ma- and that the goal of eliminating all dolphin of dolphins in the course of commercial yel- rine mammals is dolphin safe if it is accom- mortality continues to be a priority.’’. lowfin tuna fishing; panied by a written statement executed by (2) In subsection (b), by amending para- ‘‘(xi) authorizing fishing within the area the captain of the vessel and, where deter- graphs (2) and (3) to read as follows: covered by the International Dolphin Con- mined to be practicable by the Secretary, an ‘‘(2) support the International Dolphin servation Program by vessels of the United observer participating in a national or inter- Conservation Program and efforts within the States without the use of special equipment national program acceptable to the Sec- Program to reduce, with the goal of elimi- or nets if the vessel takes an observer and retary certifying that no marine mammals nating, the mortality referred to in para- does not intentionally deploy nets on, or en- were killed in the course of the fishing oper- graph (1); circle, dolphins, under such terms and condi- ation or operations in which the tuna were ‘‘(3) ensure that the market of the United tions as the Secretary may prescribe; and caught. States does not act as an incentive to the ‘‘(xii) containing such other restrictions ‘‘(5) No tuna product may be labeled with harvest of tuna caught with driftnets or and requirements as the Secretary deter- any reference to dolphins, porpoises, or ma- caught by purse seine vessels in the eastern mines are necessary to implement the Inter- rine mammals, unless such product is la- tropical Pacific Ocean that are not operating national Dolphin Conservation Program with beled as dolphin safe in accordance with this in compliance with the International Dol- respect to vessels of the United States. subsection.’’. phin Conservation Program;’’. ‘‘(C) The Secretary may make such adjust- (i) TRACKING AND VERIFICATION.—Sub- (c) INTERNATIONAL DOLPHIN CONSERVATION ments as may be appropriate to the require- section (f) of section 901 of the Dolphin Pro- PROGRAM.—Section 302 (16 U.S.C. 1412) is ments of subparagraph (B) that pertain to tection Consumer Information Act (16 U.S.C. amended to read as follows: fishing gear, vessel equipment, and fishing 1385(f)) is amended to read as follows: ‘‘SEC. 302. AUTHORITY OF THE SECRETARY. practices to the extent the adjustments are ‘‘(f) TRACKING AND VERIFICATION.—The Sec- ‘‘(a) REGULATIONS TO IMPLEMENT PROGRAM consistent with the International Dolphin retary, in consultation with the Secretary of REGULATIONS.—(1) The Secretary shall issue Conservation Program. H2788 CONGRESSIONAL RECORD — HOUSE May 15, 1997

‘‘(b) CONSULTATION.—In developing regula- fishing for yellowfin tuna in the eastern ‘‘(3) After the effective date of the Inter- tions under this section, the Secretary shall tropical Pacific Ocean. There are authorized national Dolphin Conservation Program Act, consult with the Secretary of State, the Ma- to be appropriated to the Department of no vessel of the United States shall operate rine Mammal Commission and the United Commerce $1,000,000 to be used by the Sec- in the yellowfin tuna fishery in the eastern States Commissioners to the Inter-American retary, acting through the National Marine tropical Pacific Ocean without a valid per- Tropical Tuna Commission appointed under Fisheries Service, to carry out this para- mit issued under this section. section 3 of the Tuna Conventions Act of 1950 graph. Upon completion of the study, the ‘‘(b) PERMIT SANCTIONS.—(1) In any case in (16 U.S.C. 952). Secretary shall submit a report containing which— ‘‘(c) EMERGENCY REGULATIONS.—(1) If the the results of the study, together with rec- ‘‘(A) a vessel for which a permit has been Secretary determines, on the basis of the ommendations, to the Congress and to the issued under this section has been used in best scientific information available (includ- Inter-American Tropical Tuna Commission. the commission of an act prohibited under ing that obtained under the International ‘‘(5) Determining the extent to which the section 305; Dolphin Conservation Program) that the in- incidental take of nontarget species, includ- ‘‘(B) the owner or operator of any such ves- cidental mortality and serious injury of ma- ing juvenile tuna, occurs in the course of sel or any other person who has applied for rine mammals authorized under this title is purse seine fishing for yellowfin tuna in the or been issued a permit under this section having, or is likely to have, a significant ad- eastern tropical Pacific Ocean, the geo- has acted in violation of section 305; or verse effect on a marine mammal stock or graphic location of the incidental take, and ‘‘(C) any civil penalty or criminal fine im- species, the Secretary shall take actions as the impact of that incidental take on tuna posed on a vessel, owner or operator of a ves- follows— stocks, and nontarget species. sel, or other person who has applied for or ‘‘(A) notify the Inter-American Tropical been issued a permit under this section has The Secretary shall include a description of not been paid or is overdue, the Secretary Tuna Commission of the Secretary’s find- the annual results of research carried out may— ings, along with recommendations to the under this subsection in the report required ‘‘(i) revoke any permit with respect to such Commission as to actions necessary to re- under section 303.’’. vessel, with or without prejudice to the issu- duce incidental mortality and serious injury (d) REPORTS.—Section 303 (16 U.S.C. 1414) is ance of subsequent permits; and mitigate such adverse impact; and amended to read as follows: ‘‘(ii) suspend such permit for a period of ‘‘(B) prescribe emergency regulations to ‘‘SEC. 303. REPORTS BY THE SECRETARY. time considered by the Secretary to be ap- reduce incidental mortality and serious in- ‘‘Notwithstanding section 103(f), the Sec- propriate; jury and mitigate such adverse impact. retary shall submit an annual report to the ‘‘(iii) deny such permit; or ‘‘(2) Prior to taking action under para- Congress which includes each of the follow- ‘‘(iv) impose additional conditions or re- graph (1) (A) or (B), the Secretary shall con- ing: strictions on any permit issued to, or applied sult with the Secretary of State, the Marine ‘‘(1) The results of research conducted pur- for by, any such vessel or person under this suant to section 302. Mammal Commission, and the United States section. Commissioners to the Inter-American Tropi- ‘‘(2) A description of the status and trends ‘‘(2) In imposing a sanction under this sub- cal Tuna Commission. of stocks of tuna. section, the Secretary shall take into ac- ‘‘(3) Emergency regulations prescribed ‘‘(3) A description of the efforts to assess, count— under this subsection— avoid, reduce, and minimize the bycatch of ‘‘(A) the nature, circumstances, extent, ‘‘(A) shall be published in the Federal Reg- juvenile yellowfin tuna and other nontarget and gravity of the prohibited acts for which ister, together with an explanation thereof; species. the sanction is imposed; and and ‘‘(4) A description of the activities of the ‘‘(B) with respect to the violator, the de- ‘‘(B) shall remain in effect for the duration International Dolphin Conservation Program gree of culpability, any history of prior of- of the applicable fishing year; and and of the efforts of the United States in fenses, and other such matters as justice re- The Secretary may terminate such emer- support of the Program’s goals and objec- quires. gency regulations at a date earlier than that tives, including the protection of dolphin ‘‘(3) Transfer of ownership of a vessel, by required by subparagraph (B) by publication populations in the eastern tropical Pacific sale or otherwise, shall not extinguish any in the Federal Register of a notice of termi- Ocean, and an assessment of the effective- permit sanction that is in effect or is pend- nation, if the Secretary determines that the ness of the Program. ing at the time of transfer of ownership. Be- reasons for the emergency action no longer ‘‘(5) Actions taken by the Secretary under fore executing the transfer of ownership of a exist. subsections (a)(2)(B) and (d) of section 101. vessel, by sale or otherwise, the owner shall ‘‘(4) If the Secretary finds that the inciden- ‘‘(6) Copies of any relevant resolutions and disclose in writing to the prospective trans- tal mortality and serious injury of marine decisions of the Inter-American Tropical feree the existence of any permit sanction mammals in the yellowfin tuna fishery in Tuna Commission, and any regulations pro- that will be in effect or pending with respect the eastern tropical Pacific Ocean is con- mulgated by the Secretary under this title. to the vessel at the time of transfer. ‘‘(4) In the case of any permit that is sus- tinuing to have a significant adverse impact ‘‘(7) Any other information deemed rel- pended for the failure to pay a civil penalty on a stock or species, the Secretary may ex- evant by the Secretary.’’. or criminal fine, the Secretary shall rein- tend the emergency regulations for such ad- (e) PERMITS.—Section 304 (16 U.S.C. 1416) is amended to read as follows: state the permit upon payment of the pen- ditional periods as may be necessary. ‘‘SEC. 304. PERMITS. alty or fine and interest thereon at the pre- ‘‘(d) RESEARCH.—The Secretary shall, in ‘‘(a) IN GENERAL.—(1) Consistent with sec- vailing rate. cooperation with the nations participating ‘‘(5) No sanctions shall be imposed under in the International Dolphin Conservation tion 302, the Secretary is authorized to issue a permit to a vessel of the United States au- this section unless there has been a prior op- Program and with the Inter-American Tropi- thorizing participation in the International portunity for a hearing on the facts underly- cal Tuna Commission, undertake or support Dolphin Conservation Program and may re- ing the violation for which the sanction is appropriate scientific research to further the quire a permit for the person actually in imposed, either in conjunction with a civil goals of the International Dolphin Conserva- charge of and controlling the fishing oper- penalty proceeding under this title or other- tion Program. Such research may include ation of the vessel. The Secretary shall pre- wise.’’. but shall not be limited to any of the follow- scribe such procedures as are necessary to (f) PROHIBITIONS.—Section 305 is repealed ing: carry out this subsection, including, but not and section 307 (16 U.S.C. 1417) is redesig- ‘‘(1) Devising cost-effective fishing meth- limited to, requiring the submission of— nated as section 305, and amended as follows: ods and gear so as to reduce, with the goal of ‘‘(A) the name and official number or other (1) In subsection (a): eliminating, the incidental mortality and se- identification of each fishing vessel for (A) By amending paragraph (1) to read as rious injury of marine mammals in connec- which a permit is sought, together with the follows: tion with commercial purse seine fishing in name and address of the owner thereof; and ‘‘(1) for any person to sell, purchase, offer the eastern tropical Pacific Ocean. ‘‘(B) the tonnage, hold capacity, speed, for sale, transport, or ship, in the United ‘‘(2) Developing cost-effective methods of processing equipment, and type and quantity States, any tuna or tuna product unless the fishing for mature yellowfin tuna without of gear, including an inventory of special tuna or tuna product is either dolphin safe or deployment of nets on, or encirclement of, equipment required under section 302, with has been harvested in compliance with the dolphins or other marine mammals. respect to each vessel. International Dolphin Conservation Program ‘‘(3) Carrying out stock assessments for ‘‘(2) The Secretary is authorized to charge by a country that is a member of the Inter- those marine mammal species and marine a fee for issuing a permit under this section. American Tropical Tuna Commission or has mammal stocks taken in the purse seine The level of fees charged under this para- initiated steps, in accordance with Article V, fishery for yellowfin tuna in the eastern graph may not exceed the administrative paragraph 3 of the Convention establishing tropical Pacific Ocean, including species or cost incurred in granting an authorization the Inter-American Tropical Tuna Commis- stocks not within waters under the jurisdic- and issuing a permit. Fees collected under sion, to become a member of that organiza- tion of the United States. this paragraph shall be available, subject to tion;’’. ‘‘(4) Studying the effects of chase and en- appropriations, to the Under Secretary of (B) By amending paragraph (2) to read as circlement on the health and biology of dol- Commerce for Oceans and Atmosphere for follows: phin and individual dolphin populations inci- expenses incurred in issuing permits under ‘‘(2) except in accordance with this title dentally taken in the course of purse seine this section. and regulations issued pursuant to this title May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2789 as provided for in subsection 101(e), for any form functions and provide assistance re- SEC. 8. POLAR BEAR PERMITS. person or vessel subject to the jurisdiction of quired by formal agreements entered into by Paragraph (5) of section 104(c) of the Ma- the United States intentionally to set a the United States for this fishery, including rine Mammal Protection Act of 1972 (16 purse seine net on or to encircle any marine the International Dolphin Conservation Pro- U.S.C. 1374(c)(5)) is amended as follows: mammal in the course of tuna fishing oper- gram. These functions may include each of (1) In subparagraph (A), by striking ‘‘, in- ations in the eastern tropical Pacific Ocean; the following: cluding polar bears taken but not imported or’’. ‘‘(A) The review of data from the Program, prior to the date of enactment of the Marine (C) By amending paragraph (3) to read as including data received from the Inter-Amer- Mammal Protection Act Amendments of follows: ican Tropical Tuna Commission. 1994,’’. ‘‘(3) for any person to import any yellowfin ‘‘(B) Recommendations on research needs, (2) By adding the following new subpara- tuna or yellowfin tuna product or any other including ecosystems, fishing practices, and graph at the end thereof: fish or fish product in violation of a ban on gear technology research, including the de- ‘‘(D) The Secretary of the Interior shall, importation imposed under section velopment and use of selective, environ- expeditiously after the expiration of the ap- 101(a)(2);’’. mentally safe and cost-effective fishing gear, plicable 30-day period under subsection (2) In subsection (b)(2), by inserting ‘‘(a)(5) and on the coordination and facilitation of (d)(2), issue a permit for the importation of and’’ before ‘‘(a)(6)’’. such research. polar bear parts (other than internal organs) (3) By striking subsection (d). ‘‘(C) Recommendations concerning sci- from polar bears taken in sport hunts in (g) REPEAL.—Section 306 is repealed and entific reviews and assessments required Canada before the date of enactment of the section 308 (16 U.S.C. 1418) is redesignated as under the Program and engaging, as appro- Marine Mammal Protection Act Amend- section 306, and amended by striking ‘‘303’’ priate, in such reviews and assessments. ments of 1994, to each applicant who sub- and inserting in lieu thereof ‘‘302(d)’’. ‘‘(D) Consulting with other experts as mits, with the permit application, proof that (h) CLERICAL AMENDMENTS.—The table of needed. the polar bear was legally harvested in Can- contents in the first section of the Marine ‘‘(E) Recommending measures to assure ada by the applicant. The Secretary shall Mammal Protection Act of 1972 is amended the regular and timely full exchange of data issue such permits without regard to the pro- by striking the items relating to title III and among the parties to the Program and each visions of subparagraphs (A) and (C)(ii) of inserting in lieu thereof the following: nation’s National Scientific Advisory Com- this paragraph, subsection (d)(3) of this sec- mittee (or equivalent). ‘‘TITLE III—INTERNATIONAL DOLPHIN tion, and sections 101 and 102. This subpara- ‘‘(3) Establish procedures to provide for ap- CONSERVATION PROGRAM graph shall not apply to polar bear parts propriate public participation and public ‘‘Sec. 301. Findings and policy. that were imported before the effective date meetings and to provide for the confidential- of this subparagraph’’. ‘‘Sec. 302. Authority of the Secretary. ity of confidential business data. The Sci- SEC. 9. EFFECTIVE DATE. ‘‘Sec. 303. Reports by the Secretary. entific Advisory Subcommittee shall be in- (a) IN GENERAL.—Except as provided in ‘‘Sec. 304. Permits. vited to have representatives attend all non- subsection (b), this Act and the amendments ‘‘Sec. 305. Prohibitions. executive meetings of the United States sec- made by this Act shall take effect upon cer- ‘‘Sec. 306. Authorization of appropriations.’’. tions and the General Advisory Subcommit- tification by the Secretary of State to the SEC. 6. AMENDMENTS TO THE TUNA CONVEN- tee and shall be given full opportunity to ex- Congress that a binding resolution of the TIONS ACT OF 1950. amine and to be heard on all proposed pro- Inter-American Tropical Tuna Commission, (a) MEMBERSHIP.—Section 3(c) of the Tuna grams of scientific investigation, scientific Conventions Act of 1950 (16 U.S.C. 952(c)) is reports, and scientific recommendations of or another legally binding instrument, estab- amended to read as follows: the commission. Representatives of the Sci- lishing the International Dolphin Conserva- ‘‘(c) at least one shall be either the Direc- entific Advisory Subcommittee may attend tion Program has been adopted and is in ef- tor, or an appropriate regional director, of meetings of the Inter-American Tropical fect. (b) PROVISIONS EFFECTIVE UPON ENACT- the National Marine Fisheries Service; and’’. Tuna Commission in accordance with the MENT.—Section 8 and this section shall take (b) GENERAL ADVISORY COMMITTEE AND SCI- rules of such Commission. effect on the date of enactment of this Act. ENTIFIC ADVISORY SUBCOMMITTEE.—Section 4 ‘‘(4) Fix the terms of office of the members of the Tuna Conventions Act of 1950 (16 of the General Advisory Committee and Sci- H.R. 1385 U.S.C. 953) is amended to read as follows: entific Advisory Subcommittee, who shall OFFERED BY: MR. MCKEON ‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND receive no compensation for their services as AMENDMENT NO. 1: Page 9, line 18, strike SCIENTIFIC ADVISORY SUBCOMMIT- such members.’’. ‘‘15’’ and insert ‘‘20’’. TEE. (c) BYCATCH REDUCTION.—The Tuna Con- Page 10, line 6, strike ‘‘85’’ and insert ‘‘80’’. ‘‘The Secretary, in consultation with the ventions Act of 1950 (16 U.S.C. 951 et seq.) is Page 23, line 21, after ‘‘1996,’’ insert ‘‘the United States Commissioners, shall: amended by adding at the end the following Community Services Block Grant Act, title ‘‘(1) Appoint a General Advisory Commit- new section: V of the Older Americans Act of 1965, the Na- tee which shall be composed of not less than ‘‘REDUCTION OF BYCATCH IN EASTERN tional and Community Service Act of 1990,’’. 5 nor more than 15 persons with balanced TROPICAL PACIFIC OCEAN Page 25, line 12, strike ‘‘(9)’’ and insert representation from the various groups par- ‘‘SEC. 15. The Secretary of State, acting ‘‘(9)(A)’’. ticipating in the fisheries included under the through the United States Commissioners, Page 25, after line 21, insert the following: conventions, and from nongovernmental con- should take the necessary steps to establish ‘‘(B) An assurance that each local servation organizations. The General Advi- standards and measures for a bycatch reduc- workforce development area will be allowed sory Committee shall be invited to have rep- tion program for vessels fishing for yellowfin to determine the proportion of funds allo- resentatives attend all nonexecutive meet- tuna in the eastern tropical Pacific Ocean. cated to such area under section 204(b)(2) ings of the United States sections and shall The program shall include to the extent that will be used to provide summer employ- be given full opportunity to examine and to practicable— ment opportunities and year-round disadvan- be heard on all proposed programs of inves- ‘‘(1) that sea turtles and other threatened taged youth activities, respectively. tigations, reports, recommendations, and species and endangered species are released Page 27, strike lines 10 through 15 and in- regulations of the commission. The General alive, to the maximum extent practicable; sert the following: Advisory Committee may attend all meet- ‘‘(2) measures to reduce, to the maximum ‘‘(A) a description of the assessment that ings of the international commissions to extent practicable, the harvest of nontarget will be made to determine the adult edu- which they are invited by such commissions. species; cation and family literacy needs of the ‘‘(2) Appoint a Scientific Advisory Sub- ‘‘(3) measures to reduce, to the maximum State; committee which shall be composed of not extent practicable, the mortality of nontar- ‘‘(B) a description of the adult education less than 5 nor more than 15 qualified sci- get species; and and literacy activities that will be carried entists with balanced representation from ‘‘(4) measures to reduce, to the maximum out with any funds received under such part, the public and private sectors, including extent practicable, the mortality of juve- including activities carried out under sec- nongovernmental conservation organiza- niles of the target species.’’. tion 314(a) of such Act; tions. The Scientific Advisory Subcommittee SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS. Page 27, line 16, strike ‘‘such activities’’ shall advise the General Advisory Commit- It is the sense of the Congress that each and insert ‘‘the adult education and literacy tee and the Commissioners on matters in- nation participating in the International activities that will be carried out with any cluding the conservation of ecosystems; the Dolphin Conservation Program should con- funds received under such part’’. sustainable uses of living marine resources tribute an equitable amount to the expenses Page 28, beginning on line 4, strike ‘‘the related to the tuna fishery in the eastern Pa- of the Inter-American Tropical Tuna Com- Adult Education and Family Literacy Act;’’ cific Ocean; and the long-term conservation mission. Such contributions shall take into and insert ‘‘such Act;’’. and management of stocks of living marine account the number of vessels from that na- Page 29, line 3, strike ‘‘determines’’ and all resources in the eastern tropical Pacific tion fishing for tuna in the eastern tropical that follows through line 5 and insert Ocean. In addition, the Scientific Advisory Pacific Ocean, the consumption of tuna and ‘‘makes a written determination, within 90 Subcommittee shall, as requested by the tuna products from the eastern tropical Pa- days after receiving the plan, that the plan General Advisory Committee, the United cific Ocean and other relevant factors as de- is inconsistent with the specific provisions of States Commissioners or the Secretary, per- termined by the Secretary. this Act. H2790 CONGRESSIONAL RECORD — HOUSE May 15, 1997 Page 29, line 10, strike ‘‘through (10)’’ and raising the literacy levels of individuals in Secretary rescinds or revises such plan pur- insert ‘‘through (9)(A), paragraph (10),’’. skill areas that are considered important for suant to subclause (II).’’. Page 30, line 2, strike ‘‘entities:’’ and in- successful participation in training and em- Page 103, strike line 14, and insert the fol- sert the following: ‘‘entities (who overall, ployment. lowing: represent diverse regions of the State, in- Page 66, strike line 9 and all that follows (2) by striking subsection (e) and inserting cluding urban, rural, and suburban areas):’’. through line 2 on page 67 and insert the fol- the following: Page 30, after line 3, insert the following: lowing: ‘‘(e) WAIVERS.— ‘‘(2) representatives of the State legisla- ‘‘(A) TERMINATION FOR NONPERFORMANCE.— ‘‘(1) IN GENERAL.—Notwithstanding any ture;’’. If the designated State agency, or the local other provision of law, the Secretary of Page 30, line 4, strike ‘‘(2)’’ and insert workforce development board working Labor may waive— ‘‘(3)’’. through the State agency, determines that ‘‘(A) any of the statutory or regulatory re- Page 30, line 22, strike ‘‘(3)’’ and insert an eligible provider under subsection (a) sub- quirements of this title and titles II and III ‘‘(4)’’. stantially fails to meet performance criteria of this Act (except for requirements relating Page 31, line 14, strike ‘‘(4)’’ and insert established by the Governor, the agency, or to wage and labor standards, worker rights, ‘‘(5)’’. the local board working through the State participation and protection, grievance pro- Page 31, line 16, after ‘‘designate;’’ insert agency, may terminate the eligibility of cedures and judicial review, nondiscrimina- ‘‘and’’. such provider. tion, allocation of funds to local areas, eligi- Page 31, strike line 17. Page 83, line 20, strike ‘‘NEGOTIATION’’ and bility, review and approval of plans, the es- Page 33, strike line 22 and 23 and insert the insert ‘‘AGREEMENT’’. tablishment and functions of workforce de- following: Page 83, beginning on line 25, strike ‘‘is au- velopment areas and workforce development ‘‘(a) DESIGNATION OF AREAS.— thorized to negotiate with each State’’ and boards, and the basic purposes of the Act); ‘‘(1) IN GENERAL.—Except as provided in insert ‘‘and each State shall reach agree- and subsection (b), and consistent with para- ment on’’. ‘‘(B) any of the statutory or regulatory re- graph (2), a State that desires to receive a Page 84, beginning on line 8, strike ‘‘nego- quirements of sections 8 through 10 of the grant under title II tiations’’ and insert ‘‘agreement’’. Wagner-Peyser Act (29 U.S.C. 49g through Page 34, line 8, strike ‘‘(1)’’ and insert Page 84, line 24, strike ‘‘carry out the nego- 49i) (except for requirements relating to the ‘‘(A)’’ (and move such subparagraph 2 ems to tiation’’ and insert ‘‘enter into the agree- provision of services to unemployment insur- the right). ment’’. ance claimants and veterans and to universal Page 34, line 9, strike ‘‘(2)’’ and insert Page 85, beginning on line 5, strike ‘‘carry access to basic labor exchange services with- ‘‘(B)’’ (and move such subparagraph 2 ems to out the negotiation’’ and insert ‘‘enter into out cost to job seekers), pursuant to a re- the right). the agreement’’. quest submitted by a State which meets the Page 34, line 12, strike ‘‘(3)’’ and insert Page 89, strike line 15 and insert the fol- requirements of paragraph (2). ‘‘(C)’’ (and move such subparagraph 2 ems to lowing: ‘‘(2) REQUESTS.—A State requesting a waiv- the right). ‘‘(a) REPORT.— er under paragraph (1) shall submit a plan to Page 34, line 14, strike ‘‘(4)’’ and insert ‘‘(1) IN GENERAL.—Each State that receives the Secretary to improve the workforce de- ‘‘(D)’’ (and move such subparagraph 2 ems to funds velopment system which— the right). Page 89, line 25, strike ‘‘In’’ and insert the ‘‘(A) identifies the statutory or regulatory Page 34, line 19, strike ‘‘(5)’’ and insert following: requirements that are requested to be waived ‘‘(E)’’ (and move such subparagraph 2 ems to ‘‘(2) ADDITIONAL INFORMATION.— In’’. and the goals which the State or local the right). Page 90, line 1, strike ‘‘include’’ and insert workforce development areas intend to Page 34, after line 20, insert the following: ‘‘include—’’. achieve; ‘‘(2) AUTOMATIC DESIGNATION.—The Gov- Page 90, line 1, strike ‘‘information’’ and ‘‘(B) describes the actions that the State or ernor shall approve any request for designa- insert the following: local workforce development areas have un- tion as a workforce development area from ‘‘(A) information dertaken to remove State or local statutory any unit of general local government with a Page 90, line 3, strike the period and insert or regulatory barriers; population of 500,000 or more. ‘‘; and’’. ‘‘(C) describes the goals of the waiver and Page 35, line 21, strike ‘‘Such’’ and insert Page 90, after line 3, insert the following: the expected programmatic outcomes if the ‘‘(A) Such’’. ‘‘(B) comments assessing the process used request is granted; Page 35, line 24, strike ‘‘(A)’’ and insert for reaching agreement on the State ad- ‘‘(D) describes the individuals impacted by ‘(i)’’. justed benchmarks pursuant to section 153(a) the waiver; and Page 36, line 8, strike ‘‘(B)’’ and insert and may also include comments from local ‘‘(E) describes the process used to monitor ‘(ii)’’. workforce development areas assessing the the progress in implementing a waiver, and Page 36, line 19, add ‘‘and’’ at the end. process for negotiating local benchmarks for which notice and an opportunity to com- Page 36, line 20, strike ‘‘(C)’’ and insert pursuant to section 153(b). ment on such request has been provided to ‘(iii)’’. Page 92, line 20, strike ‘‘upon request to the organizations identified in section 122 Page 37, beginning on line 6, strike ‘‘enti- the Secretary’’ and insert ‘‘or upon request (e)(2) of this Act, if and only to the extent ties;’’ and all that follows through line 9 and by the Governor, the Secretary’’. that the Secretary determines that such re- insert ‘‘entities.’’. Page 92, line 21, strike ‘‘including’’ and in- quirements impede the ability of the State Page 37, after line 6, insert the following: sert ‘‘which may include’’ to implement such plan to improve the ‘‘(B) In addition, the membership of each Page 92, line 22, strike ‘‘plan’’ and insert workforce development system and the State local board may consist of representatives of ‘‘plan, or the development of a modified local has executed a memorandum of understand- local welfare agencies, economic develop- plan’’. ing with the Secretary requiring such State ment agencies, and the local employment Page 93, strike line 15 and all that follows to meet agreed-upon outcomes and imple- service system. through line 4 on page 94 and insert the fol- ment other appropriate measures to ensure Page 41, line 8, after ‘‘board’’ insert ‘‘, in lowing: accountability. Page 104, strike line 6 and insert the fol- partnership with the chief local elected offi- ‘‘(ii) APPEAL BY WORKFORCE DEVELOPMENT AREA.— lowing: cial,’’. ‘‘(a) ADMINISTRATIVE COSTS.— Page 41, line 9, after ‘‘Governor’’ insert ‘‘, ‘‘(I) APPEAL TO GOVERNOR.—A workforce ‘‘(1) IN GENERAL.—The Secretary, after con- development area that is subject to a reorga- for approval,’’ sultation Page 45, strike line 10 and all that follows nization plan under clause (i) may, not later Page 104, after line 11, insert the following: than 30 days after receiving notice thereof, through line 9 on page 46. ‘‘(2) ADDITIONAL REQUIREMENT.—Notwith- Page 52, line 19, strike ‘‘center’’. appeal to the Governor to rescind or revise standing any other provision of law, regula- Page 52, line 19, strike ‘‘and’’. such plan. In such case, the Governor shall tions issued by the Secretary under para- Page 52, line 21, strike ‘‘activities’’ and in- make a final decision not later then 30 days graph (1) shall provide procedures under sert ‘‘activities, and upon request, minutes after the receipt of the appeal. which the Governor may approve a plan for of formal meetings of the local board’’. ‘‘(II) SUBSEQUENT ACTION.—A local the pooling of administrative funds, which Page 59, line 5, strike ‘‘for’’ and all that workforce development area may, not later are available in accordance with the limita- follows through line 20 and insert the follow- than 30 days after receiving a decision from tion in subsection (b)(1), if the Governor de- ing: ‘‘for programs that are eligible to par- the Governor pursuant to subclause (I), ap- termines that such plan would not jeopardize ticipate in title IV of the Higher Education peal such decision to the Secretary. In such the administration of the activities from Act of 1965.’’. case the Secretary shall make a final deci- which such funds are to be transferred. Page 61, line 23, strike ‘‘and’’. sion not later than 30 days after the receipt Page 114, line 21, after ‘‘reserve’’ insert Page 61, line 25, strike ‘‘program.’’ and in- of the appeal. ‘‘not less than’’. sert ‘‘program; and’’. ‘‘(iii) EFFECTIVE DATE.— The actions take Page 114, line 25, strike ‘‘services’’. Page 61, after line 25, insert the following: by the Governor under subclause (I) shall be- Page 115, strike line 2 and all that follows ‘‘(D) for literacy providers or providers of come effective at the time the Governor is- through line 5 and insert the following: integrated education and training services, sues a decision pursuant to such subclause. ‘‘(ii) agree to provide matching funds from the success rate of the applicable program in Such action shall remain effective unless the sources other than those received under this May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2791 subparagraph for such services in an amount cate not less than 70 percent of the remain- ban areas throughout the State and shall be equal to the Federal funds received under der of funds described in subsection (a)(1)(A) allocated promptly in accordance with sec- this subparagraph. to workforce development areas within the tion 162(e). Page 116, line 18, after ‘‘121,’’ insert ‘‘in ac- State pursuant to the formula contained in Page 145, line 24, strike ‘‘(4)’’ and insert cordance with paragraphs (2) and (3),’’. clause (ii) for the provision of adult employ- ‘‘(3)’’. Page 116, strike line 21 and all that follows ment and training services in accordance Page 158, line 17, add at the end closed through line 11 on page 118 and insert the fol- with section 314. quotation marks and a second period. lowing: ‘‘(ii) FORMULA.—Of the amounts described Page 158, strike line 18 and all that follows ‘‘(2) ALLOCATION BY FORMULA.— in clause (i)— through line 24. ‘‘(A) IN GENERAL.—Each State shall allo- ‘‘(I) 331⁄3 percent shall be allocated on the Page 170, line 19, strike the closed cate not less than 70 percent of the remain- basis of the relative number of unemployed quotation marks and the second period. der of funds described in paragraph (1) to individuals residing in areas of substantial Page 170, after line 19, insert the following: workforce development areas within the unemployment in each workforce develop- ‘‘(e) Prior to the closure of any Job Corps State pursuant to the formula contained in ment area as compared to the total number center, the Secretary shall ensure that— subparagraph (B) for the provision of serv- of such unemployed individuals in all such ‘‘(1) the proposed decision to close the cen- ices for disadvantaged youth in accordance areas of substantial unemployment in the ter is announced in advance to the general with section 206. State; public through publication in the Federal ‘‘(B) FORMULA.—Of the amounts described ‘‘(II) 331⁄3 percent shall be allocated on the Register or other appropriate means; in subparagraph (A)— basis of the relative excess number of unem- ‘‘(2) the establishment of a reasonable com- ‘‘(i) 331⁄3 percent shall be allocated on the ployed individuals who reside in each ment period, not to exceed 30 days, for inter- basis of the relative number of unemployed workforce development area as compared to ested individuals to submit written com- individuals residing in areas of substantial the total excess number of unemployed indi- ments to the Secretary; unemployment in each workforce develop- viduals in all workforce development areas ‘‘(3) the Members of Congress who rep- ment area as compared to the total number in the State; and resent districts affected by the proposed de- of such unemployed individuals in all such ‘‘(III) 331⁄3 percent shall be allocated on the cision to close the center are notified within areas of substantial unemployment in the basis of the relative number of economically a reasonable period of time in advance of any State; disadvantaged adults in each workforce de- final decision to close the center; and ‘‘(ii) 331⁄3 percent shall be allocated on the velopment area as compared to the total ‘‘(4) the geographic location of alternative basis of the relative excess number of unem- number of disadvantaged adults in all Job Corps centers is among the factors taken ployed individuals who reside in each workforce development areas in the State. into account in the decision to close the cen- workforce development area as compared to ‘‘(iii) ADULT EMPLOYMENT AND TRAINING ter. the total excess number of unemployed indi- DISCRETIONARY ALLOCATION.—The State, Page 174, line 15, strike ‘‘skills’’ and insert viduals in all workforce development areas through the collaborative process, is author- ‘‘skill needs’’. in the State; and ized to allocate not more than 30 percent of Page 174, after line 15, insert the following: the remainder of funds described in sub- ‘‘(iii) 331⁄3 percent shall be allocated on the ‘‘(B) projects that provide training to up- basis of the relative number of economically section (a)(1)(A) to workforce development grade the skills of employed workers who re- disadvantaged youth in each workforce de- areas for the provision of adult employment side and are employed in enterprise zones or velopment area as compared to the total and training services in accordance with sec- empowerment communities; number of disadvantaged youth in all tion 314. Such funds shall be allocated to Page 174, line 16, strike ‘‘(B)’’ and insert workforce development areas in the State. urban, rural, and suburban areas throughout ‘‘(C)’’. the State and shall be allocated promptly in ‘‘(3) DISCRETIONARY ALLOCATION.—The Page 174, line 20, strike ‘‘(C)’’ and insert State, through the collaborative process accordance with section 162(e). ‘‘(D)’’. under section 102, is authorized to allocate ‘‘(C) DISLOCATED WORKER EMPLOYMENT AND Page 174, line 24, strike ‘‘(D)’’ and insert not more than 30 percent of the remainder of TRAINING ALLOCATIONS.— ‘‘(E)’’. funds described in paragraph (1) to workforce ‘‘(i) DISLOCATED WORKER EMPLOYMENT AND Page 175, line 4, strike ‘‘(E)’’ and insert TRAINING FORMULA ALLOCATIONS.—Each State development areas for the provision of serv- ‘‘(F)’’. shall allocate not less than 70 percent of the ices for disadvantaged youth in accordance Page 175, line 9, strike ‘‘and’’. remainder of funds described in subsection with section 206. Such funds shall be allo- Page 175, after line 9, insert the following: (a)(2)(A) to workforce development areas cated to urban, rural, and suburban areas ‘‘(G) projects to assist public housing au- within the State pursuant to the formula throughout the State and shall be allocated thorities that provide to public housing resi- contained in clause (ii) for the provision of promptly in accordance with section 162(e). dents job training programs that dem- employment and training services to dis- Page 123, line 2, strike ‘‘and’’ at the end. onstrate successful job skills upgrading and Page 123, line 3, strike the period and in- located workers in accordance with section employment; sert ‘‘; and’’. 314. Page 175, line 10, strike ‘‘(F)’’ and insert Page 123, after line 3 insert the following: ‘‘(ii) FORMULA.—Of the amounts described ‘‘(H)’’. ‘‘(H) provide summer employment opportu- in clause (i)— Page 191, strike lines 15 through 25 and in- 1 nities that are directly linked to academic ‘‘(I) 33 ⁄3 percent shall be allocated on the sert the following: and occupational learning.’’. basis of the relative number of unemployed ‘‘(A) the degree to which the provider will Page 124, strike line 4 and all that follows individuals residing in areas of substantial establish measurable goals for client out- through line 10. unemployment in each workforce develop- comes, including the core indicators of per- Page 124, strike lines 11 and 12 and insert ment area as compared to the total number formance pertaining to adult education set the following: of such unemployed individuals in all such forth in section 154 of the Employment, (III) in subparagraph (G) by striking ‘‘in areas of substantial unemployment in the Training, and Literacy Enhancement Act, public State; that are tied to challenging State perform- Page 124, line 18, strike ‘‘(V)’’ and insert ‘‘(II) 331⁄3 percent shall be allocated on the ance standards for literacy proficiency; ‘‘(IV)’’. basis of the relative excess number of unem- ‘‘(B) the past effectiveness of a provider in Page 124, strike line 25 and insert the fol- ployed individuals who reside in each improving the literacy skills of adults and lowing: ‘‘area; and’;’’. workforce development area as compared to families, and, after the 1-year period begin- Page 125, strike lines 1 and 2 and insert the the total excess number of unemployed indi- ning with the adoption of a State’s core indi- following: viduals in all workforce development areas cators and benchmarks under the Employ- (V) by amending subparagraph (I) to read in the State; and ment, Training, and Literacy Enhancement as follows: ‘‘(III) 331⁄3 percent shall be allocated on the Act, the success of a provider receiving fund- ‘‘(I) summer employment opportunities basis of the relative number of individuals ing under this Act in meeting or exceeding that are directly linked to academic and oc- who have been unemployed for 15 weeks or such benchmarks, especially with respect to cupational learning.’’; and more within each workforce development those adults with the lowest levels of lit- (VI) by striking subparagraphs (J) through area of the State as compared to the total eracy; (L); and number of such individuals in all workforce Page 192, line 19, add ‘‘and’’ at the end; Page 139, line 5, strike ‘‘and’’. development areas in the State. Page 192, line 25, strike ‘‘activities;’’ and Page 139, line 6, after ‘‘projects’’ insert ‘‘, ‘‘(iii) DISLOCATED WORKER EMPLOYMENT AND insert ‘‘activities.’’. and the provision of employment and train- TRAINING DISCRETIONARY ALLOCATION.—The Page 193, strike lines 1 through 10. ing services’’. State, through the collaborative process, is Page 202, line 5, strike ‘‘agencies;’’ and in- Page 143, strike line 5 and all that follows authorized to allocate not more than 30 per- sert ‘‘agencies, such as the special literacy through line 23 on page 145 and insert the fol- cent of the remainder of funds described in needs of individuals with learning disabil- lowing: subsection (a)(2)(A) to workforce develop- ities;’’ ‘‘(B) ADULT EMPLOYMENT AND TRAINING AL- ment areas for the provision employment Page 226, strike the item relating to sec- LOCATIONS.— and training services to dislocated workers tion 322. ‘‘(i) ADULT EMPLOYMENT AND TRAINING FOR- in accordance with section 314. Such funds Page 274, strike line 10 and all that follows MULA ALLOCATIONS.—Each State shall allo- shall be allocated to urban, rural, and subur- through line 14 and insert the following: H2792 CONGRESSIONAL RECORD — HOUSE May 15, 1997 (ii) in subsection (e)(1)(B)(iii), by striking National Institute of Child Health and ‘‘(iii) the development and maintenance of ‘‘Job Training Partnership Act (29 U.S.C. Human Development in the area of phonemic a system for determining on an annual basis 1693)’’ and inserting ‘‘Employment, Training, awareness and systematic phonics,’’. the number and type of personnel that are and Literacy Enhancement Act’’. Page 201, beginning on line 4, after ‘‘includ- employed by the State agency in the provi- Page 276, line 9, strike ‘‘The Secretary of ing’’ insert ‘‘instruction’’ in phonemic sion of vocational rehabilitation services, in- Education’’ and insert ‘‘(a) IN GENERAL.—The awareness and systematic phonics and’’. cluding ratios of counselors to clients;’’; Secretary of Education’’. Page 201, line 5, strike ‘‘such’’ and insert Page 281, after line 5, insert the following: Page 276, after line 14, insert the following: ‘‘literacy and basic skills’’. (A) by inserting ‘‘the Rural Development (b) EXTENDED TRANSITION PERIOD.— Page 201, line 22, before ‘‘research’’ insert Administration of the Department of Agri- (1) IN GENERAL.—If, on or before July 1, ‘‘reliable and replicable’’. culture,’’ after ‘‘the Department of Veterans 1997, a State has enacted a State statute that Page 202, line 8, strike ‘‘promise;’’ and in- Affairs,’’; provides for the establishment or conduct of sert ‘‘promise, including phonemic aware- Page 281, line 6, strike ‘‘(A)’’ and insert three or more of the programs, projects, or ness and systematic phonics based on the ‘‘(B)’’. activities described in subparagraphs (A) work of the National Institute of Child Page 281, line 9, strike ‘‘(B)’’ and insert through (E) or paragraph (2), the State shall Health and Human Development;’’. ‘‘(C)’’. not be required to comply with provisions of Page 204, line 3, before ‘‘research’’ insert Page 282, after line 3, insert the following: this Act that conflict with such State stat- ‘‘reliable and replicable’’. (11) in paragraph (35), by striking ‘‘and’’ at ute for the period ending three years after Page 210, line 9, strike ‘‘adults;’’ and insert the end; the date of enactment of this Act. ‘‘adults, including instructional practices Page 282, strike lines 4 through 10 and in- (2) PROGRAMS, PROJECTS, AND ACTIVITIES using phonemic awareness and systematic sert the following: DESCRIBED.—The programs, projects, and ac- phonics based on the work of the National (12) in paragraph (36)— tivities described in this paragraph are the Institute of Child Health and Human Devel- (A) in subparagraph (b)(i), by moving the following: opment;’’. margin two ems to the left; (A) Establishment of human resource in- Page 211, line 24, strike ‘‘A’’ and insert ‘‘A, (B) in clauses (i), (ii), and (iii) of subpara- vestment councils or substate councils. and based on scientific evidence, where graph (C) (including subclause (II) of each of (B) Reorganization or consolidation of available.’’. such clauses (ii) and (iii)), by moving the State agencies with responsibility for State H.R. 1385 margin two ems to the left; and (C) by striking the period at the end and employment and training programs. OFFERED BY: MR. MCKEON (C) Reorganization or consolidation of inserting ‘‘; and’’; AMENDMENT NO. 3: Page 6, after the item State employment and training programs. (13) by adding at the end the following: relating to section 2263, insert the following: (D) Restructuring of local delivery systems ‘‘(37) provide assurances that the State, or for State employment and training pro- Sec. 2264. Requirement that Federal agencies any recipient of funds made available to the grams. provide certification of compli- State under this title, will comply with the (E) Development or restructuring of State ance with electronic and infor- guidelines established under section 508(a) of accountability or oversight systems to focus mation technology accessibility this Act.’’; and on performance. guidelines. Page 282, line 11, strike ‘‘(12)’’ and insert ‘‘(14)’’. H.R. 1385 OFFERED BY MR. GRAHAM Page 277, after line 3, insert the following: (1) in paragraph (5), by inserting after Page 282, line 13, strike ‘‘(36)’’ and insert AMENDMENT NO. 2. Page 15, line 18, after ‘‘supported employment’’ the following: ‘‘and ‘‘(37)’’. ‘‘services’’ insert ‘‘provided to participants Page 282, line 13, strike ‘‘(32),’’ and insert on a voluntary basis’’. self-employment or business ownership’’; Page 277, line 4, strike ‘‘(1)’’ and insert ‘‘(33),’’. Page 15, line 20, after ‘‘family’’ insert Page 282, after line 14, add line 14, add the ‘‘(such as eliminating or reducing welfare de- ‘‘(2)’’. Page 277, line 5, strike ‘‘(2)’’ and insert following (and conform the table of contents pendency)’’. of the bill accordingly): Page 16, strike lines 1 through 3 and insert ‘‘(3)’’. Page 277, line 7, strike ‘‘(3)’’ and insert SEC. 2203. INDIVIDUALIZED PLAN FOR EMPLOY- the following: MENT. ‘‘(B) Equipping parents to partner with ‘‘(4)’’. (a) SECTION HEADING.—Section 102 of the their children in learning. Page 279, line 6, strike ‘‘(4)’’ and insert Rehabilitation Act of 1973 (29 U.S.C. 722) is Page 16, strike lines 6 through 8 and insert ‘‘(5)’’. amended in the section heading by striking the following: Page 279, after line 23, insert the following: ‘‘(D) Appropriate instruction for children (a) DECLARATION OF POLICY.—Section ‘‘INDIVIDUALIZED WRITTEN REHABILITA- of parents receiving parent literacy services. 100(a)(3)(C) of the Rehabilitation Act of 1973 TION PROGRAM’’ and inserting ‘‘INDIVID- Page 28, line 11, after ‘‘award’’ insert ‘‘not (29 U.S.C. 720(a)(3)(C)) is amended to read as UALIZED PLAN FOR EMPLOYMENT’’. less than 1’’. follows: (B) ASSESSMENT.—Section 102(b) of such Page 28, line 11, strike ‘‘grants’’ and insert ‘‘(C) Applicants and eligible individuals Act (29 U.S.C. 722(b)) is amended to read as ‘‘grant’’. must be active and full partners in the voca- follows: Page 52, after line 12, add the following: tional rehabilitation process, making mean- ‘‘(b)(1) As soon as a determination has been ‘‘(7) LIMITATION.—Nothing in this Act shall ingful and informed choices— made that an individual is eligible for voca- be construed to provide local workforce de- ‘‘(i) during assessments to determine eligi- tional rehabilitation services, the designated velopment boards with the authority to bility and vocational rehabilitation needs; State unit shall complete the assessment de- mandate curriculum for schools. and scribed in subparagraphs (B) and (C) of sec- Page 19=79, line 10, after ‘‘adults,’’ insert ‘‘(ii) in the selection of the employment tion 7(2), if such assessment is necessary, and ‘‘on a voluntary basis,’’. goal, services needed to achieve the goal, en- ensure that an individualized plan for em- Page 179, lien 12, after ‘‘parents,’’ insert tities providing such services, and the meth- ployment is— ‘‘on a voluntary basis,’’. ods used to procure such services.’’. ‘‘(A) either— Page 184, after line 5, insert the following: Page 279, line 24, strike ‘‘Section 100(b)’’ ‘‘(i) at the request of the individual, devel- ‘‘SEC. 305. HOME SCHOOLS. and insert ‘‘(b) AUTHORIZATION OF APPROPRIA- oped by the individual or, as appropriate, the ‘‘Nothing in this title shall be construed to TIONS.—Section 100(b)’’. eligible individual’s representative and ap- affect home schools, nor to compel a parent Page 280, strike line 19 and all that follows proved by the vocational rehabilitation engaged in home schooling to participate in through line 4 on page 281 and insert the fol- counselor; or an English literacy program, family literacy lowing: ‘‘(ii) developed and approved by the indi- services, or adult education. (2) in paragraph (7)(A) to read as follows: vidual or, as appropriate, by a parent, a fam- Page 192, line 6, strike ‘‘, such as’’ and all ‘‘(A) include a description, consistent with ily member, a guardian, an advocate, or an that follows through line 11 and insert a the purposes of this Act, of a comprehensive authorized representative of such individual semicolon. system of personnel development, which, at (hereafter referred to in this subsection as Page 192, line 19, strike ‘‘gains;’’ and insert a minimum, shall consist of— the ‘eligible individual’s representative’) and ‘‘gains and uses instructional practices, such ‘‘(i) a description of the procedures and ac- the vocational rehabilitation counselor; as phonemic awareness and systematic tivities the State agency will undertake to ‘‘(B) based on the findings of the assess- phonics, that research has proven to be effec- address the current and projected training ment to determine the individual’s eligi- tive in teaching individuals to read,’’. needs of all personnel in the designated bility and vocational rehabilitation needs Page 194, line 11, after ‘‘including’’ insert State unit to ensure that they are ade- described in section 7(2); ‘‘instruction incorporation phonemic aware- quately trained and prepared; ‘‘(C) written, and, as appropriate, other- ness and systematic phonics and’’. ‘‘(ii) a plan to coordinate and facilitate ef- wise documented, and provided to the indi- Page 195, line 5, strike ‘‘curricula;’’ and in- forts between the designated State unit and vidual or, as appropriate, to the eligible indi- sert ‘‘curricula, including curricula incor- institutions of higher education and profes- vidual’s representative in the native lan- porating phonemic awareness and systematic sional institutions to recruit, prepare, and guage or mode of communication of the indi- phonics;’’. retain qualified personnel, including person- vidual or, as appropriate, of the eligible indi- Page 199, line 10, strike ‘‘available’’ and in- nel from minority backgrounds and person- vidual’s representative; sert ‘‘available, including the work of the nel who are individuals with disabilities; and ‘‘(D) implemented in a timely manner; May 15, 1997 CONGRESSIONAL RECORD — HOUSE H2793 ‘‘(E) reviewed at least annually by the vo- the basis for concluding that there is a rea- Page 286, after line 6, insert the following cational rehabilitation counselor and the in- sonable expectation that such sources will (and conform the table of contents of the bill dividual or, as appropriate, the eligible indi- become available; and accordingly): vidual’s representative; and ‘‘(C) in cases in which multiple extended SEC. 2231. DECLARATION OF PURPOSE. ‘‘(F) amended, as necessary, by the individ- service providers are available to the indi- Section 301(1)(A) of the Rehabilitation Act ual or, as appropriate, the eligible individ- vidual, the providers of such services chosen of 1973 (29 U.S.C. 770(1)(A)) is amended by in- ual’s representative, in collaboration with by the individual or, as appropriate, the eli- serting after ‘‘independent living services the counselor, when there are substantive gible individual’s representative.’’. programs’’ the following: ‘‘, through commu- changes in the employment goal, the serv- (c) INFORMED CHOICE.—Section 102 of such nity economic or business development pro- ices to be provided, or the service providers Act (29 U.S.C. 722) is amended by adding at grams’’. (such revisions or amendments shall not the end the following: Page 286, line 7, strike ‘‘2231’’ and insert take effect until agreed to and signed by the ‘‘(e) Each State agency, in consultation ‘‘2232’’. individual or, as appropriate, by the eligible with its State Rehabilitation Advisory Coun- Page 286, after line 9, insert the following: individual’s representative, and the voca- cil, if it has one, shall, consistent with sec- (1) in subsection (a)(1)— tional rehabilitation counselor). tion 100(a)(3)(C), develop and implement (A) by striking ‘‘and (E)’’ and inserting ‘‘(2) The individual plan for employment written policies and procedures that enable ‘‘(E)’’; shall be developed and implemented in a each individual to exercise informed choice (B) by striking the period at the end and manner that affords eligible individuals the throughout the vocational rehabilitation inserting the following: ‘‘, and (F) personnel opportunity to exercise informed choice in process, including policies and procedures specifically trained to deliver services to in- selecting the employment goal, the specific that require the State agency— dividuals whose vocational goal is self-em- vocational rehabilitation services to be pro- ‘‘(1) to inform each applicant and eligible ployment or business ownership.’’; vided, the entity or entities that will provide individual (including students with disabil- Page 286, strike lines 10 and 11 and insert the vocational rehabilitation services, and ities who are making the transition from the following: the methods used to procure the services, programs under the responsibility of an edu- (2) in subsection (b)(1)(B)— consistent with the informed choice provi- cational agency to programs under the re- (A) in clause (ii)— sions in subsection (e). sponsibility of the designated State unit), (i) by redesignating subclauses (IV) and (V) ‘‘(3) The individualized plan for employ- through appropriate modes of communica- as subclauses (V) and (VI), respectively; and ment shall identify— tion, about the availability of, and opportu- (ii) by inserting after subclauses (III) the ‘‘(A) the specific employment goal that is nities to exercise, informed choice, including following: chosen by the individual, consistent with the the availability of support services for indi- ‘‘(IV) assistance and support to individuals unique strengths, resources, priorities, con- viduals with cognitive or other disabilities pursuing self-employment or business owner- cerns, abilities, capabilities, and informed who require assistance in exercising in- ship as their rehabilitation goal;’’; and choice of the individual, and is, to the maxi- formed choice; (B) in clause (iv), by moving the margin mum extent appropriate, in an integrated ‘‘(2) to assist applicants and eligible indi- two ems to the left; setting; viduals to exercise informed choice in deci- Page 286, line 12, strike ‘‘(2)’’ and insert ‘‘(B) the specific vocational rehabilitation sions related to the provision of assessment ‘‘(3)’’. services that are— services; Page 286, line 13, strike ‘‘(3)’’ and insert ‘‘(i) needed to achieve the employment ‘‘(3) to develop and implement flexible pro- ‘‘(4)’’. goal, including, as appropriate, assistive curement policies and methods that facili- Page 286, line 19, strike ‘‘(4)’’ and insert technology devices and services, and per- tate the provision of services and that afford ‘‘(5)’’. sonal assistance services, including training eligible individuals meaningful choices Page 286, line 22, strike ‘‘(5)’’ and insert in the management of such services; and among the methods used to procure services; ‘‘(6)’’. ‘‘(ii) provided in the most integrated set- ‘‘(4) to provide or assist eligible individuals Page 287, line 1, strike ‘‘2232’’ and insert ting that is appropriate to the service being in acquiring information that enables those ‘‘2233’’. provided and is consistent with the informed individuals to exercise informed choice in Page 287, line 8, strike ‘‘2233’’ and insert choice of the individual; the selection of— ‘‘2234’’. ‘‘(C) the entity or entities chosen by the ‘‘(A) the employment goal; Page 288, lines 6 and 7 and insert the fol- individual or, as appropriate, the eligible in- ‘‘(B) the specific services needed to achieve lowing: dividual’s representative, that will provide the individual’s employment goal; (1) in subsection (a)— the vocational rehabilitation services and ‘‘(C) the providers of the selected services; (A) in the matter preceding paragraph (1), the methods used to procure such services; ‘‘(D) the employment setting and the set- by striking ‘‘Subject to the provisions of sec- ‘‘(D) timelines for the achievement of the tings in which services are provided; and tion 306, the’’ and inserting ‘‘The’’; employment goal and for the initiation of ‘‘(E) the methods available for procuring (B) in paragraph (3), by striking ‘‘and’’ at services; the selected services; and the end; ‘‘(E) the terms and conditions of the indi- ‘‘(5) to ensure that the availability and (C) in paragraph (4), by striking the period vidualized plan for employment, including— scope of informed choice under this section at the end and inserting ‘‘; and’’; and ‘‘(i) the responsibilities of the designated is consistent with the State agency’s obliga- (D) by adding at the end the following: State unit and the individual under such tions under section 12(e).’’. ‘‘(5) establishing programs for supporting plan, including participation in the costs of (d) CONFORMING AMENDMENT.—Section 102 the effects of vocational rehabilitation pro- the plan; of such Act (29 U.S.C. 722) is amended by grams to promote self-employment or busi- ‘‘(ii) criteria to evaluate progress toward striking ‘‘individualized written rehabilita- ness ownership goals of people with disabil- achievement of the employment goals; and tion program’’ each place is appears and in- ities.’’. ‘‘(iii) the use of comparable services and serting ‘‘individualized plan for employ- Page 291, after line 13, insert the following: benefits under such plan, in accordance with ment’’. SEC. 2264. REQUIREMENT THAT FEDERAL AGEN- section 101(a)(8); Page 282, line 15, strike ‘‘2203’’ and insert CIES PROVIDE CERTIFICATION OF ‘‘(F) prior to the determination that the ‘‘2204’’. COMPLIANCE WITH ELECTRONIC individual has achieved an employment out- Page 282, line 22, strike ‘‘2204’’ and insert AND INFORMATION TECHNOLOGY come, the expected need for post-employ- ‘‘2205’’. ACCESSIBILITY GUIDELINES. ment services; and Page 283, line 1, strike ‘‘2205’’ and insert Section 508(b) of the Rehabilitation Act of ‘‘(G) the rights and remedies available to ‘‘2206’’. 1973 (29 U.S.C. 794d(b)) is amended to read as the individual as provided in subsection (d), Page 283, line 14, strike ‘‘2206’’ and insert follows: including notification of the availability of ‘‘2207’’. ‘‘(b) COMPLIANCE.— assistance from the client assistance pro- Page 285, strike line 16 and all that follows ‘‘(1) IN GENERAL.—Each Federal agency gram under section 112 of this Act. through line 20 and insert the following: shall comply with the guidelines established ‘‘(4) For an individual with the most severe (1) in paragraph (1)— under this section. disabilities for whom an employment goal in (A) by striking ‘‘, except that’’ and all that ‘‘(2) CERTIFICATION.— a supported employment setting has been de- follows through ‘‘continue to serve as Direc- ‘‘(A) ESTABLISHMENT OF CERTIFICATION PRO- termined to be appropriate, the individual- tor’’; and CEDURES.—The Director of the Office of Man- ized plan for employment shall, in addition (B) by striking the third and fourth sen- agement and Budget shall establish uniform to the requirements identified in subsection tences; procedures under which the head of each (b)(3), identify— (2) by striking paragraph (2); Federal agency shall submit to the Director ‘‘(A) the extended services needed by the (3) in paragraph (3)— a written certification, containing such in- individual; (A) by striking ‘‘ncessary’’ and inserting formation as the Director may reasonably ‘‘(B) the source of extended services or, to ‘‘necessary’’; and require, that such agency is in compliance the extent that the sources to provide the (B) by redesignating such paragraph as with the guidelines established under this extended services cannot be identified at the paragraph (2); and section. time of the development of the individual- (4) by redesignating paragraph (4) as para- ‘‘(B) SUBMISSION OF CERTIFICATION.—Not ized plan for employment, a description of graph (3). later than September 30 of each year, the H2794 CONGRESSIONAL RECORD — HOUSE May 15, 1997 head of each Federal agency shall submit to workforce development areas in accordance institutions of higher education and profes- the Director of the Office of Management with the requirements described in section sional institutions to recruit, prepare, and and Budget a written certification in accord- 262(b) of the Job Training Partnership Act retain qualified personnel, including person- ance with the procedures established under (29 U.S.C. 1642(b)) (as such section was in ef- nel from minority backgrounds and person- subparagraph (A). fect on the day before the date of the enact- nel who are individuals with disabilities; and ‘‘(C) REVIEW OF CERTIFICATION.—The Direc- ment of the Employment, Training, and Lit- ‘‘(C) the development and maintenance of a tor of the Office of Management and Budg- eracy Enhancement Act of 1997); and system for determining on an annual basis et— ‘‘(II) shall be used to provide summer the number and type of personnel that are ‘‘(i) shall review each certification submit- youth employment opportunities suitably employed by the State agency in the provi- ted by each Federal agency under subpara- linked to academic, occupational, and work- sion of vocational rehabilitation services, in- graph (B); and based learning opportunities. cluding ratios of counselors to clients.’’; and ‘‘(ii) shall provide notice to each such Fed- Page 124, strike line 4 and all that follows Page 282, line 11 strike ‘‘(12)’’ and insert eral agency that such agency is either in through line 10. ‘‘(13)’’. compliance or not in compliance with the Page 124, line 11, strike ‘‘(IV)’’ and insert Page 282, line 13— ‘‘(III)’’. guidelines established under this section, as (1) strike ‘‘(36)’’ and insert ‘‘(37)’’; and Page 124, line 18, strike ‘‘(V)’’ and insert the case may be. (2) strike ‘‘(32)’’ and insert ‘‘(33)’’. ‘‘(D) ASSISTANCE FOR AND MONITORING OF ‘‘(IV)’’. AGENCIES NOT IN COMPLIANCE.—In the case of Page 125, line 1, strike ‘‘(VI)’’ and insert H.R. 1385 a Federal agency that is not in compliance ‘‘(V)’’. OFFERED BY: MR. OWENS with the guidelines established under this H.R. 1385 AMENDMENT NO. 7: Page 282, line 19, strike section, the Director of the Office of Manage- OFFERED BY: MR. GOODLING ‘‘and’’. ment and Budget— AMENDMENT NO. 5. Page 15, line 3, strike Page 282, line 21, strike ‘‘respectively,’’ and ‘‘(i) shall assist such agency in its efforts ‘‘not less than 70 percent of’’. insert ‘‘respectively; and’’. to comply with such guidelines; and Page 16, strike line 12 and all that follows Page 282, after line 21, insert the following: ‘‘(ii) shall monitor the progress of such through line 21. agency to comply with such guidelines.’’. (8) in paragraph (9) (as so redesignated), by H.R. 1385 striking ‘‘service;’’ and inserting ‘‘service, H.R. 1385 OFFERED BY: MR. OWENS including adequate training in the use of OFFERED BY: MR. OWENS AMENDMENT NO. 6: Page 282, line 10, strike public transportation vehicles and sys- AMENDMENT NO. 4. Page 8, line 8, strike ‘‘and’’. tems;’’. ‘‘Such sums’’ and insert ‘‘(A) Except as pro- Page 282, after line 10, insert the following: H.R. 1385 vided in subparagraph (B), such sums’’. (12) by adding at the end the following: OFFERED BY: MR. SOUDER Page 8, after line 10, add the following: ‘‘(37) include a description, consistent with ‘‘(B)(i) Such sums as may be necessary for the purposes of this Act, of a comprehensive AMENDMENT NO. 8: Page 279, line 5, strike each of the fiscal years 1999 through 2003 to system of personnel development, which, at ‘‘program’’ and all that follows through provide amounts to local workforce develop- a minimum, shall consist of— ‘‘and’’ and insert ‘‘program.’’. ment areas under title II to carry out sum- ‘‘(A) a description of the procedures and Page 279, after line 5, insert the following: mer youth employment programs under such activities the State agency will undertake to ‘‘(37) The term ‘competitive employment’ title in accordance with this subparagraph. address the current and projected training means work available to any job applicant in ‘‘(ii) Such amounts— needs of all personnel in the designated the labor market that is performed on a full- ‘‘(I) shall be used in accordance with the State unit to ensure that they are ade- time or part-time basis in a setting selected requirements otherwise applicable to pro- quately trained and prepared; by the individual and for which the individ- grams under title II, except that such ‘‘(B) a plan to coordinate and facilitate ef- ual is compensated consistent with the Fair amounts shall be allocated to local forts between the designated State unit and Labor Standards Act.’’; and 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, THURSDAY, MAY 15, 1997 No. 64 Senate The Senate met at 9:15 a.m. and was to the Senate from the President pro It is a distinct honor and my pleasure called to order by the Hon. John tempore [Mr. THURMOND]. to have Rev. Greg Mathis as our guest ASHCROFT, a Senator from the State of The assistant legislative clerk read Chaplain of the U.S. Senate today and Missouri. the following letter: to have led us in our opening prayer. I The PRESIDING OFFICER. We are U.S. SENATE, thank him for being here. favored today with the presence of a PRESIDENT PRO TEMPORE, f guest Chaplain, Dr. Greg Mathis of Washington, DC, May 15, 1997. SCHEDULE Mud Creek Baptist Church from Hen- To the Senate: dersonville, NC. Our guest Chaplain Under the provisions of rule I, section 3, of Mr. JEFFORDS. Mr. President, for the Standing Rules of the Senate, I hereby will lead the Senate in prayer. the information of all Senators, today appoint the Honorable JOHN ASHCROFT, a the Senate will resume consideration Senator from the State of Missouri, to per- of S. 4, the Family Friendly Workplace PRAYER form the duties of the Chair. Act. Under the previous order, at ap- The Reverend Dr. Greg Mathis of STROM THURMOND, proximately 10 a.m., the Senate will Mud Creek Baptist Church, Henderson- President pro tempore. vote on a motion to invoke cloture on ville, NC, offered the following prayer: Mr. ASHCROFT thereupon assumed S. 4. Following that vote, there will be Let us pray: the chair as Acting President pro tem- a period for morning business until the Heavenly Father, thank You for the pore. hour of 11 a.m. to accommodate a num- privilege of prayer. In obedience to f ber of the Senators who have requested You, I lift up the leaders of our country time to speak. In addition, I remind all who are in positions of authority and RECOGNITION OF THE ACTING MAJORITY LEADER Members that they have until 10 a.m. responsibility. Remind each of us this to file second-degree amendments to S. day that all wisdom begins with You. The ACTING PRESIDENT pro tem- 4. Help us, O Lord, to work this day to pore. The Senator from North Carolina Also, by previous order, at 11 a.m., protect our heritage, to find common is recognized. the Senate will resume consideration ground for the present, and to have a f of H.R. 1122, the partial-birth abortion vision for the future. May this be our THE GUEST CHAPLAIN ban bill, with Senator FEINSTEIN recog- purpose. Heavenly Father, guide us to nized to offer an amendment. Debate give careful thought to our ways. Mr. FAIRCLOTH. Mr. President, the on the Feinstein amendment will last Grant special insight to our leaders to Reverend Greg Mathis, pastor of Mud until approximately 2 p.m., with the anything that would threaten our Creek Baptist Church in Henderson- time equally divided between Senator country. Give integrity to them today ville, NC, is one of our outstanding FEINSTEIN and Senator SANTORUM. At as they hear, speak, think, and decide. ministers from North Carolina. Rev- approximately 2 p.m., a rollcall vote Give them initiative to accomplish erend Mathis graduated from South- will occur on, or in relation to, the something for the good of all. Remind eastern Baptist Theological Seminary Feinstein amendment. us, O Lord, that You are sovereign. in Wake Forest, NC, and he has Following the disposition of the May Your word be our standard of pastored Mud Creek for 20 years. Dur- Feinstein amendment, Senator righteousness. May Your love be our ing that time, the church experienced a DASCHLE will be recognized to offer his example of kindness. May the wonder- remarkable growth under his leader- amendment to H.R. 1122, and under a ful salvation You offer to us through ship. Reverend Mathis is serving his consent agreement, there will be 5 Your son, Jesus Christ, find accept- second term as president of the North hours of debate in order equally divided ance. Heavenly Father, I pray that ev- Carolina Baptist State Convention. between Senator DASCHLE and Senator erything that transpires here this day The North Carolina Baptist State Con- SANTORUM. Therefore, Senators can an- will be pleasing to You and in accord- vention is the foremost religious orga- ticipate a vote on, or in relation to, the ance with Your will. This I pray in the nization in North Carolina. It has 3,600 Daschle amendment later this evening. name of Jesus Christ, the Saviour of churches and represents 1.2 million Consequently, Members can expect the world. Amen. worshipers. rollcall votes throughout today’s ses- f Reverend Mathis’ wife, Deborah, is sion of the Senate. As always, Senators with us today, and his three children will be notified with as much notice as APPOINTMENT OF ACTING are back in North Carolina attending possible as to the exact time of these PRESIDENT PRO TEMPORE school. Also with Reverend Mathis ordered votes. The PRESIDING OFFICER. The today is the chairman of the board of The majority leader reminds all clerk will please read a communication deacons, Greg Corn, and his wife, Susie. Members that next week, as the last

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

S4507

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VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4508 CONGRESSIONAL RECORD — SENATE May 15, 1997 week prior to the Memorial Day recess, An hourly employee is not allowed to stresses that would make it impossible. as Senators are aware, we have a num- walk in to his or her employer’s office Impossible. Every mom would like to ber of important issues which we hope and say, ‘‘I would like to know if it be able to do those things. We are try- to complete action on prior to the re- would be possible for me to work ing to relieve some of that stress with cess, including the budget resolution, maybe 9 hours everyday for 2 weeks this bill. We are going to try to give any conference reports that are avail- and take every other Friday off.’’ An hourly employees the ability to say, ‘‘I able and any executive nominations hourly employee cannot do that. And would like to host a Brownie troop that can be cleared. Therefore, the ma- yet this has worked so well for Federal every other Friday. Could I work 9 jority leader appreciates the coopera- employees and salaried employees who hours every other day of the week and tion of all Members in the scheduling have dealt with the stresses of being a take every other Friday off so I can of legislative business and votes next working mom or a working dad. They host a Brownie troop for my daugh- week. need to work, they need the extra in- ter?’’ That is what we want for the I thank my colleagues for their at- come, but they do not have enough hourly employees of our country. tention and yield the floor. time with their children. Salaried em- What this bill does is allow the hour- ployees can do this. Federal employees f ly employees to come in and say, ‘‘I’d can do this. State employees can do like to work overtime and bank the FAMILY FRIENDLY WORKPLACE this. But hourly workers cannot. Why? hours to take a day off.’’ Or, if an em- ACT Because the Federal Government says ployer says, ‘‘I need overtime work,’’ The PRESIDING OFFICER (Mr. they cannot, because the Federal Gov- the person can have their choice: Time- BROWNBACK). The Chair lays before the ernment discriminates against employ- and-a-half pay or time-and-a-half Senate, S. 4, with debate equally di- ees by a bill that was passed into law hours, and, once again, bank those vided until the hour of 10 a.m. The in 1938. hours for when they are needed. Or to Mr. President, in 1938, 10 percent of clerk will report. be able to walk in and say, ‘‘Can I work the women in this country with chil- The assistant legislative clerk read 9 hours a day and take every other Fri- dren worked—10 percent. So it was not as follows: day off?’’ Or ‘‘Can I work 10 hours 4 exactly an issue on the front burner at A bill (S. 4) to amend the Fair Labor days a week and take Fridays off?’’ Be- the time that working moms had the Standards Act of 1938 to provide to private cause other people are able to do that. sector employees the same opportunities for kind of stresses they do today. The ones who were working did, no ques- Maybe they do not have child care on time-and-a-half compensatory time off, bi- Fridays. They have child care 4 days a weekly work programs, and flexible credit tion about it, but there were not as week they feel really comfortable with, hour programs as Federal employees cur- many. Today, two-thirds of the work- rently enjoy to help balance the demands ing women in this country have school- but not on Fridays. You see, the difference between 1938 and needs of work and family, to clarify the age children—two-thirds. provisions relating to exemptions of certain I was talking to my daughter last laws and today is that I think employ- professionals from the minimum wage and night. I was worried because I had not ers realize how important it is that overtime requirements of the Fair Labor heard from her. I left a message for her they have happy, productive employ- Standards Act of 1938, and for other pur- ees. And when two-thirds of the work- poses. Sunday. Ray and I were trying to reach her and we left a message for her Sun- ing women in this country have school- The Senate resumed consideration of day and said call us back. She did not aged children, they know there is the bill. call back. She called me last night stress in this life. What can we do to The PRESIDING OFFICER. Who about 10:30, and she said, ‘‘Oh, gosh, make these employees happier, to give yields time? I’m really sorry, everything is fine, but them a release valve, to let them have Mr. JEFFORDS. Mr. President, I I had just beem volunteering full time that time to do something special with yield to the Senator from the State of at the school and Travis’ Little League their children so that they do not Texas—I am not sure how much time directors meeting was tonight, I had worry that their children are going to she needs, 15 minutes? just gotten home from the directors’ grow up without their awareness of Mrs. HUTCHISON. That will be fine. meeting, and we have been working how much their moms and dads love I probably will not need all of that. with our twin daughters having a pen them, cherish them, and want them to Mr. JEFFORDS. Fine. pal program with another school and have solid values? So, Mr. President, The PRESIDING OFFICER. The Sen- were planning a party for the children that is what the bill is. ator from Texas is recognized for up to who were coming over to meet for the I have heard the opposition. They 15 minutes. first time.’’ say, ‘‘Oh, but this will just allow em- Mrs. HUTCHISON. Thank you, Mr. My gosh, I thought, how does she ployers to coerce employees. All the President, and I thank the chairman of have enough hours in the day, and she rights are with the employers.’’ Well, the committee. is a full-time mom. What if she were of course the employer is running the We are going to vote in about an working and trying to do those wonder- business. Many times it is the small hour and a half to invoke cloture, ful things that she is doing to support business man or woman that has gone which means we are going to vote on her son’s Little League, or our twin out and borrowed the money, that whether we can take up the Family granddaughters’ activities in Brownies, works 80 hours a week trying to make Friendly Workplace Act. Mr. President, which she hosts every week at her it go, to contribute to our economy. It this act is long overdue. This is going home? All the extra hours that she vol- is not easy being in business in Amer- to free the hourly employees of our unteers at school, reading to all the ica with all of the taxes and regula- country to have the same flexibility children in school at the library, I tions and litigation that a person in that Federal workers now have, that thought, what if she were a working business must face. most State workers now have, that sal- mom? And I thought to myself, two- So, of course, they are running the aried employees now have. Only hourly thirds of the working women in this operation. But that does not mean they employees are not able to walk into country have school-age children, and are bad. It does not mean that they are their employer and say, ‘‘Could I take they would love to do what Brenda going to say, to an employee, ‘‘Oh, no. off at 3 o’clock Friday afternoon to go Maxon, our daughter, does volun- Of course you’re not going to do that. to my child’s soccer game and work 2 teering at school to read to the chil- I don’t want to pay you overtime.’’ extra hours on Monday?’’ dren, being on the board of directors of That is not the way America is. This is The hourly employees of this country the Little League, working with her not 1938. It is not 1948. It is 1997. are not allowed to walk into their em- twin daughters’ pen pal class and hav- Welcome to the end of the 20th cen- ployer and say, ‘‘You know, I don’t ing Brownie troop meetings every tury. Employers want happy, produc- ever work overtime, but I’d like to be week. Those are such wonderful things, tive employees. They are going to bend able to work some extra hours and and I am so grateful that my grand- over backward. And they do bend over bank those so that when I am able to children have such a wonderful mom. backwards to make life better for their go on a camping trip with my child, I But, Mr. President, if she were work- employees. And if it is not going to dis- will have those hours to do it.’’ ing full time, she would have the rupt the workplace, of course they are

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4509 going to say, yes, they would like the and 68 percent of the women would The PRESIDING OFFICER. The Sen- flexibility to do this. choose paid time off, which our bill ator from Massachusetts controls 19 It has been stated on the floor, ‘‘Oh, would give them, for overtime work in- minutes and 48 seconds. well, the only people supporting this stead of added pay because it means Mr. KENNEDY. Mr. President, I yield are employers.’’ That is not true. This that it is up to them to have the extra myself 7 minutes. morning in my office I met with three time with their kids without in any Mr. President, I listened to my good Federal workers. And I said, ‘‘How do way giving up the ability to pay the friend from Texas make a very elo- you like flextime?’’ car payment and the mortgage pay- quent statement and, of course, if that They said, ‘‘Oh, it’s wonderful, of ment and the day care payment. was the bill that we had before us, course. We love it.’’ So, Mr. President, this bill is so fair. there would be an entirely different re- And I said, ‘‘Well, can you imagine It is so right. It is impossible to sult than the vote that is going to take why many of the Democrats are keep- think—if you go out and do an inter- place at a little after 10 this morning. ing this bill from coming up so that view on the street, talk to people who But that is not the bill we have before others would be able to have these are not in Washington, DC. Talk to us. same rights?’’ people who are in the real world, work- I’d like just to mention that on page And they looked at me sort of ing hard to make ends meet, running a 9 of the bill, the decision about wheth- aghast—aghast—of course. small business. Talk to people who are er an employee will be permitted to What in the world could be wrong making this country tick. It is not the take the time off will be made, as line with adding one more option for the people in the U.S. Senate that are 18 says, by the employer, not by the working moms and dads in this coun- making this country tick; it is the peo- employee. try that are hourly employees? We are ple out there on the frontline, working If, the good Senator from Texas said taking away no rights. We are taking to make ends meet as hourly employ- wants to change that, so that the em- nothing away. ees or as small business owners or as ployee makes the decision, instead of In fact, the unions are opposed to salaried employees or Federal workers. this, but I do not understand it, be- the employer, we have an entirely dif- They are out there trying to make ends ferent bill here. If you want to give the cause if there is a union contract, it meet. And we are giving them one does not apply. A union contract over- choice to the workers, so that the em- more option to relieve the stress in ployee can make that judgment and de- rides the ability for this employee to their lives. go outside of the union contract to his cision, you would have an entirely dif- If you ask a man on the street, would ferent outcome. or her employer. So the unions’ rights they like this as an option, not as a But that is not what the legislation are certainly protected. mandate, but as an option to be able to says. This bill says the employer will Why would the union not want other at some point attend a special football make the decision—the employer will hourly employees, who do not have game, a special soccer game, a special make it. And as I have said, if the em- union contracts, why would they step Little League baseball game, or to be ployer decides not to grant an employ- in and say that we should not allow able to host the Brownie troop every ee’s request to use comptime on a par- hourly employees in this country to Friday, would they like the option to ticular date, because the employer have the same rights as salaried em- go to their employer and say, ‘‘Could I makes the decision that the employee ployees do, as Federal employees do? have flexible time? Could I have com- has not given sufficient notice, or the What could be their motivation? pensatory time?’’ I will guarantee you, use of the comptime would disrupt the It is incomprehensible to me that that 8 out of 10 people will say abso- employer’s operations, the employee adding another option to the hourly lutely yes—probably 10 out of 10—but I has no ability to appeal it. Even if the employees’ ability to relieve the stress know 8 out of 10 would, or 68 percent of employer fails to adhere to this stand- in their lives would be opposed by any- the women or 65 percent of all people. ard, the employee has no remedy. one, by unions, by members of the An overwhelming majority would say, There is no remedy if the employer is Democratic side of the Senate. It is in- ‘‘Hey, I didn’t know they couldn’t.’’ being unreasonable or harsh. comprehensible because every single That is what most people would say. So that is really the difference. The Republican is certainly going to vote ‘‘Are you kidding me? You mean, there difference between this bill and the for this bill. are people in this country who cannot Federal employee program is that the But we need 60 votes to move for- walk into their employer’s office and Federal employee makes the decision ward. And I do not know if we will have say, ‘Could I have time off Friday at 3 about when to take the time off. That 60 votes. But I would like to have the o’clock and work Monday until 7?’ is the difference between this bill and explanation from someone who is going Well, gosh, yeah, I think they ought to the Family and Medical Leave Act, to vote against this bill, why they have that right. I sure do.’’ That is too—the employee makes the decision. would not allow the hourly employees what we are trying to give them today. of this country to have another option So, Mr. President, I hope people will Under this bill, it is the employer that to relieve the stress in their lives, to ask themselves the question—ask your- makes the decision. And that is the spend more time with their kids, paid self the question, should hourly em- major difference between this bill and rather than unpaid, which is what the ployees have the same rights as every- those existing programs. President’s plan would do. body else that works in this country? I would just mention to my friend This is paid. What if the hourly em- Should they? And if you think they again, who objects because the unions ployee cannot afford the Family and should, then you should vote today for are opposed to this even though they Medical Leave Act, which does not cloture so we can get on with this bill. are not affected by it. Sometimes we have pay, because they have a mort- I think the President would have a have groups in our country that fight gage payment and they are barely hard time not signing a flextime bill for the rights of people who are not making ends meet, they have a car when he campaigned saying exactly necessarily members of those groups. payment, they have day care pay- that is what he wanted. He wanted That is why just about every woman’s ments, they just cannot quite squeeze flextime. We are going to give it to group that has fought for economic jus- it out if they cannot get paid? That is him, if the Democrats will let us move tice has also opposed this legislation, why this is so important. They will forward on this bill. because they believe it is a major step continue to get paid at their regular Thank you, Mr. President. I appre- back, particularly for lower income rates. They know what their hourly ciate the time. workers. And they know that, while compensation is. They know they can The PRESIDING OFFICER. Who those lower income workers are pri- depend on it. They would just choose, if seeks time? marily women, they are not all women. they wanted to, instead of getting Mr. KENNEDY addressed the Chair. It is interesting that all the organi- extra pay, they would take extra time The PRESIDING OFFICER. The Sen- zations that supported the increase in off. ator from Massachusetts. the minimum wage, all the ones who In a poll done by Money magazine, a Mr. KENNEDY. How much time do I supported the Family and Medical survey found 64 percent of the public have, Mr. President? Leave Act, all the ones who supported

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4510 CONGRESSIONAL RECORD — SENATE May 15, 1997 the WARN Act, which requires an em- the law’’—that eliminates the 40-hour But this has been debated on the ployer to give employees 60 days’ no- workweek—‘‘an employer may estab- floor for only a little over 2 hours. We tice before closing a factory—all are lish biweekly work programs that began debate on the bill 2 days ago and opposed to this bill. And all the organi- allow the use of biweekly work sched- spent only a morning discussing it be- zations that opposed all those provi- ules that consist of a basic work re- fore the Republicans filed this peti- sions that would have enhanced the quirement of not more than 80 hours tion—2 hours and they filed this peti- rights of working families are for this over a 2-week period in which more tion. Since that time, we have not had bill. So we ought to look at the bill than 40 hours of the work requirement a moment of debate on the bill on the very closely. may occur in a week of the period.’’ floor of the Senate. This issue deserves Those organizations that support this Well, that says it. ‘‘More than 40 hours much fuller consideration than that. bill do so for a very fundamental rea- of the work requirement may occur’’ in We should not be contemplating such son. 1 of the 2 weeks. significant changes with so little dis- Mr. President, I urge my colleagues Further: ‘‘The employee shall be cussion. to oppose cloture on S. 4, which its sup- compensated for each hour in such bi- These changes are so powerful and porters call the Family Friendly Work- weekly work schedule at a rate not less the debate has been so short, I wonder place Act. This is a bill with an appeal- than the regular rate at which the em- why the bill’s proponents are in such a ing title but appalling substance. We ployee is employed.’’ That is straight rush? What do they have to fear from should not rush to final passage. time. Do we all understand that? It is developing or talking about or debat- This bill would make a fundamental left to the employer to decide whether ing these issues? Those who support change in the Fair Labor Standards that employee will work not just 40 this legislation must recognize the bill Act, a law that has well served Amer- hours, but 50, 60, 70, or even 80 hours a cannot withstand close scrutiny. They ican workers and their families for 60 week. And every single one of those know that full and fair consideration of years. The law requires that employees hours will be paid at straight time. the legislation will reveal fatal flaws. be paid no less than the minimum This is the abolition of the 40-hour Serious defects are built into the bill, wage. Does that sound unreasonable to workweek. and the proponents know it. That is the American people? Have we changed We hear, ‘‘Well, times have changed. why they want to ram this legislation so much in the 60 years since that Act We do not want to be restricted by the through without adequate opportunity was passed that we do not want to per- traditions of the past.’’ I agree with for discussion. mit hard-working men and women to that. We are not committed to unnec- That is exactly why we should oppose be paid the minimum wage? The law essary programs, but we are committed this petition. This bill cries out for a requires the payments of the minimum to values, the values that men and closer look. The 65 million American wage, currently at $4.75 an hour. And women ought to work 40 hours a week, workers deserve no less. the law also requires that employees be and if they are going to work longer A careful review of the bill dem- paid at least time-and-a-half when they than 40 hours a week, they get paid onstrates that it is nothing more than work more than 40 hours a week. time and a half. I think that concept is a pay cut for those hard-working Contrary to what the Senator from as real today as it ever was—but the Americans. In truth, the bill should be Texas said, if workers want to work 10 Ashcroft proposal disagrees. called the Paycheck Reduction Act. hours a day for 4 days and have Friday The PRESIDING OFFICER. The Sen- The bill is not designed to help employ- off, they can do it under existing law. ator has spoken for 7 minutes. ees juggle their work and family obli- They can do that under the existing Mr. KENNEDY. I yield 3 additional gations. Instead, it is designed to help law. If the employer wants to juggle minutes. employers cut wages. The Ashcroft proposal says that the work schedules so that employees can The bill’s proponents have admitted idea of the 40-hour workweek is out; it work half a day on Friday, and work that small businesses cannot afford to can be 50, 60, 70 hours a week, all paid longer days in the earlier part of the pay their employees overtime. That is at straight time. week, they can do that under existing I have discussed who makes the deci- why they support this bill. This state- law. Only 10 percent of hourly employ- sion under this bill—it is the employer, ment was made by the witness from ees are offered these or other flexible not the employee. It is not the em- the National Federation of Independent arrangements available under current ployee who says, ‘‘My child has a Businesses who testified in support of law. Part of our complaint about this school play,’’ or ‘‘I have a meeting with S. 4 before the Labor Committee in bill is, why don’t employers first dem- the child’s teacher.’’ Under this bill, February. onstrate that the existing law does not the employee has no right to use The bill has four major flaws. First, work for them? We do not believe the comptime for these important pur- it makes good on the NFIB’s character- law should be changed until employers poses. The employee has no right to ization. It cuts workers’ wages. Under show that existing law does not provide use any time for these purposes—paid the bill, an employer could force an adequate flexibility. or unpaid. employee to take an hour off in the fu- The Fair Labor Standards Act re- That is the Murray amendment. That ture for every hour of overtime they quires employers to pay the minimum amendment provides employees just 24 work. Current law requires employers wage, and to give employees time-and- hours a year to attend school con- to pay time and a half for overtime a-half for hours worked over 40 in a ferences and participate in family lit- hours. Substituting time off at a week. That principle is part of the fab- eracy programs. Those 24 hours are straight time rate is a pay cut, pure ric of the employer-employee relations within the 12 weeks of family leave and simple. in this Nation. It has been so since 1938. provided by the Family and Medical The bill also lets employers discrimi- But this bill would radically change Leave Act. We will see how many votes nate against workers who refuse to that principle. we get from the other side of the aisle take comptime instead of overtime Under Senator ASHCROFT’s proposal, when we consider the Murray amend- pay. Under S. 4, the employer is free to employees could be required—listen to ment. We will see how many votes we assign overtime work only to those this, Mr. President—could be required will get on that. workers who accept comptime. Work- to work up to 80 hours in a single week I say to the Senator from Texas that ers who need the money the most, who without being paid a penny of over- I hope she makes that very eloquent cannot afford to take the time off, time. statement when Senator MURRAY offers would be hurt the most. Their pay- Under this bill, employers could re- the amendment. checks would be smaller. Giving the quire workers to work extra hours in Mr. President, we are talking about employer that power eliminates the one week, then give them an equal abolishing the 40-hour workweek and worker’s freedom of choice. We offered number of hours off at a later time giving the employers the whip hand. an amendment to address that issue. It without paying time-and-a-half. The changes proposed by this bill go to was defeated in the Labor Committee— This is what it says, Mr. President. the heart of our labor standards laws on a party line vote. Right here on page 11: ‘‘In general, not- and would alter the basic rules cov- Second, the bill cuts employees’ ben- withstanding any other provision of ering 65 million Americans. efits. Many industries link the size of

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employees’ pension and health benefits Mr. JEFFORDS. I was allocated 221⁄2 helped reduce the conflicts between to the number of hours they work. minutes. I have used 15. I ask unani- work and personal needs, particularly Under S. 4, when an employee uses mous consent the Senator from Maine for working women and others with comptime hours, they would not count be allowed to speak for 5 minutes. household responsibilities.’’ I certainly towards pension and health benefits. Mr. KENNEDY. I will not object if we agree with former Representative Fer- The result is a reduction in employees’ can have the same 5 minutes on our raro on this issue. income after retirement and a cut in side. Finally, Mr. President, I bring to my their health benefits while they are The PRESIDING OFFICER. Without colleagues’ attention a very recent working. Once again, we offered an objection, it is so ordered. study of over 1,100 women conducted by amendment on that issue in com- There is an additional allocation of 5 the Princeton Survey Research. Of the mittee, and we were defeated along minutes on each side. The Senator mothers surveyed, 91 percent—91 per- strict party lines. from Maine is recognized for a period cent—of those surveyed said that a The bill also permits a perverse out- of 5 minutes. flexible work schedule was important come. The way the bill is drafted, an Ms. COLLINS. Mr. President, I am to them. In fact, the ability to work a employee would not be assured an in- pleased to be an original cosponsor of flexible work schedule was more impor- crease in time off. If an employee takes the Family Friendly Workplace Act, tant to these working women than the 8 hours of comptime on Monday in which will permit employers to offer availability of workplace child care or order to spend time with his or her more flexible work schedules to their the ability to work part time. family, the employer is free to force employees. Mr. President, we should listen to the the employee to work on Saturday to The lifestyles of today’s employees women of America. We should listen to make up for lost time. The employer do not always match the traditional 9 the mothers of America. I urge all of does not even have to pay time and a to 5, 5-day-a-week schedules of their my colleagues to join me in supporting half for the hours worked on Saturday. parents. This legislation is intended to S. 4, the Family Friendly Workplace That is really family friendly. The give families greater flexibility in Act. It is prowomen, it is profamily, comptime hours used on Monday do order to better balance the often com- and it is proemployee. not count toward the 40-hour work- peting demands of work and family. I yield back the remainder of my week. Is this family friendly? We of- The legislation will allow private time. fered an amendment on this issue, too, sector employers to offer more flexible Mr. KENNEDY. I yield 5 minutes to and it was defeated along party lines in work schedules to their employees by Senator MURRAY. The PRESIDING OFFICER. The Sen- the committee. providing additional options like ator from Washington is recognized for Third, as I mentioned, the bill abol- comptime, flextime, and biweekly ishes the 40-hour week. The so-called 5 minutes. schedules. The legislation doesn’t Mrs. MURRAY. I appreciate the op- biweekly work program allows employ- change to amount of compensation— ers to work employees up to 80 hours in portunity to come to the floor today to simply the form of compensation. talk about the comptime bill or the so- a single week, without paying a penny For instance, the legislation allows of overtime. Or, the employer could called Family Friendly Workplace Act. employers to give their employees the I have listened very carefully to this impose a work schedule of 60 hours one option of receiving overtime in the week and 20 hours the next—again, bill. I serve in the committee that it form of compensatory time off instead went through, the Labor Committee, without paying any overtime premium. of cash wages at a rate of not less than Making child care arrangements for and we went through the amendments. one and one-half hours for each hour of The Senator from Massachusetts, Sen- such shifting and irregular schedules overtime worked. ator KENNEDY, has really outlined the wouldn’t be family-friendly—it would The legislation also allows employers be a nightmare. true effects of this bill. and employees—by mutual agree- Now, I, like everyone, like the stated Finally, and most importantly, the ment—to set up a biweekly schedule bill does not give employees the choice purpose of this bill. As a mother with a consisting of any combination of 80 daughter who is in school, working full about when to take comp hours that hours over a 2-week period. For exam- they have earned. Supporters of S. 4 time, I know the pressures that every ple, an employee could work 45 hours single parent faces in this country in claim that their bill is meant to give in week one and 35 hours in week two, employees the option to use comptime trying to manage their job and making which would allow them to work nine sure that they pay the right attention to attend a child’s graduation, take an hours a day and take every other Fri- elderly parent to the doctor, or deal to their young children as well. All of day off. with other family obligations. But us are in that time crunch where we In response to the concerns expressed are trying to figure out how we can do nothing in this bill requires the em- by my Democratic colleagues, I also ployer to give the employee the day the best job possible for our employer want to emphasize that participation that he or she wants or needs. Instead, and we can do the best job possible for in these programs is strictly voluntary the bill gives the employer virtually our children. on the part of both the employee and unreviewable discretion to decide when Unfortunately, the comptime bill the employer. No one can be forced to the employee takes the time off. that has been presented to us does not If the employer gets to choose when participate, nor can participation be a offer that flexibility for families. In employees can take comptime, this bill ‘‘condition of employment.’’ In fact, fact, it will take that flexibility away. provides no benefit. It does not help employers are expressly prohibited Can you imagine a young mother with workers to give up overtime pay if the from coercing, threatening, or intimi- two young children who has them in employer can deny their request to use dating their employees into partici- preschool or day care, who is told by comptime when they need it. Instead, pating against their will, and violators her employer on Friday that next week the system becomes nothing more than face a range of sanctions. you will work 60 hours? Now, how is a pay cut. Mr. President, for many families, she going to go to her day care pro- For all these reasons, I urge my col- time is more valuable than money, and vider and say, excuse me, I need 20 ad- leagues to vote against cloture. Give us this bill simply extends options that ditional hours for my two young chil- the opportunity to explore and discuss have been widely available—and ex- dren in preschool next week or in day what this bill does to—not for—65 mil- tremely popular among employees—in care. Day care facilities are very con- lion working Americans. The hard- the public sector to the private sector. trolled in the amount of children they working families who depend on over- I have been a manager in the public can have and the amount of hours they time pay to make ends meet deserve no sector, and I know firsthand how pop- can have. They do not have flextime to less. ular and effective these options can be. allow additional children just when- I reserve the remainder of my time. As former Representative Geraldine ever an employer says you need to Mr. JEFFORDS. How much time do I Ferraro said during the House debate work 60 hours next week. have remaining? on the bill allowing Federal agencies to It is critical that we look at this bill The PRESIDING OFFICER. You have offer flextime and biweekly work from the eyes of those who are the re- 23 seconds. schedules, ‘‘Flexible schedules have ceivers, the employees, the people who

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It will, instead, take that away their jobs right, and let’s do it right. week and 20 hours in a slow week re- from them and really cause a lot more So I urge my colleagues to oppose gardless of the needs of the family. family stress than is already needed. cloture today, and then help us pass Overtime pay is a significant source I encourage my colleagues to vote amendments that really make this a of income for many American families. against cloture so we can have the op- Family Friendly Workplace Act. Thousands of families pay for food, portunity to offer amendments to this Thank you, Mr. President. shelter, education and retirement by bill to really make it do what the pro- Mr. KENNEDY. Mr. President, I yield earning overtime at time-and-a-half. ponents want it to do, and that is to myself 15 seconds. With the growing income gap between give employees time to participate The amendment that has been de- the rich and poor, and with the middle with their children. I will have an scribed by the Senator from Wash- class working harder than ever work- amendment called the ‘‘time for ington was offered in our committee, ing Americans have little room to give schools’’ amendment that we will offer and was defeated. If we allow cloture on wages. If S. 4 results in the end of on this bill if we are allowed, if cloture on this, she will be denied offering that overtime, it will mark the end of many is defeated, so we can really give that amendment on this particular pro- people’s ability to provide for their flexibility back to families. gram. It is an additional reason that children and to remain part of the I have spent a great deal of time we should not have cloture. American middle class. going around my State talking to par- I yield 5 minutes to the Senator from The 40-hour work week is a basic pro- ents who are working. Inevitably they Illinois, my good friend, and a strong tection for workers. We talk about say to me, ‘‘You know, I could not get supporter of families and working fam- wanting to strengthen the family unit, to my child’s school conference last ilies. eliminate single parent families, and week, I could not go participate with The PRESIDING OFFICER. The Sen- provide important parental supports so my young child. I feel guilty about ator from Illinois is recognized. that parents can care for their chil- that. But I went to my employer and I Ms. MOSELEY-BRAUN. I thank Sen- dren. could not take time off.’’ When you ator KENNEDY very much. If an employee has to work 65 hours talk to young children today, far too Thank you, Mr. President. one week and 15 hours the next, their often they say, ‘‘My parent does not Mr. President, I would like to join schedule is going to dictate chaos for care about my education. They did not many of my colleagues in opposing S. the whole family. Imagine if your mom come to my school conference last 4. was home early one week and then not week. They did not participate with People across the country are work- home for dinner at all the next. Obtain- me. They do not care whether or not I ing hard to realize the American ing decent child care, already difficult get a good education. They are never Dream of economic security for their for many parents, could become even here.’’ families. At the same time, it is in- harder due to the erratic work schedule Kids want their parents at school creasingly apparent that parents are and odd hours of a mother or father with them for those teacher con- having to struggle to balance the com- working 80 hours in two weeks. With- ferences and those important dates. peting interests of work and family. out real employee choice, the 80-hour Mothers and fathers want to be with Parents are being forced to choose be- work week could spell disaster for a their kids on those important dates. tween paying for health care and edu- family. My amendment, if I am allowed to cation for their children, for instance, While there are some provisions in offer it, will give employees 24 hours a and spending quality time with them the legislation to prevent employers year. That is 2 hours a month—simply so they can be happy and succeed. The from forcing employees to choose com- 2 hours a month—of the current family Federal Government’s policies need to pensatory time instead of overtime or medical leave time; time off to go back support efforts to strengthen families to work excessive hours one week, and forth to school conferences; to par- as well as efforts to realize the Amer- these provisions are weak and insuffi- ticipate with their child in importance ican Dream. cient to protect employees. I and my activities. I do not believe, however, that S. 4, staff have met with many employers What an incredible message that will the so-called ‘‘Family Friendly Work- from Illinois who are good employers, give to young children across this place Act,’’ is an appropriate response just trying to make their businesses country—all of us saying to them that to the problems facing working fami- work better and their employee’s lives we feel it is so important that parents lies. While the title of the bill sounds better. I point out, however, that while participate with their children that we benign enough, the consequences will Illinois may have many ideal employ- are willing to give them time off from be detrimental to all working people ers, there are currently overtime their jobs to go participate with those and to working parents in particular. abuses across the country. Abuses that kids. Parents could end up with less control the Labor Department is unable to en- I want every young person in this over their work schedule and less force due to the sheer number of them country to say, ‘‘My parents care about money to pay for raising their families. and the lack of resources in the De- my education. They came with me to The paycheck reduction act might be a partment. school last week for an hour to talk more appropriate name. A Wall Street Journal article from with the teachers.’’ I want that child to This legislation purports to allow June of last year cites as conservative say, ‘‘My education is important. I working people the flexibility to a study that estimates workers are know because my mother was here yes- choose between overtime pay and com- cheated out of $19 billion a year in terday. She took off from her job to be pensatory time off or flexible credit overtime pay. If employers are not pay- here.’’ hours and replaces the 40-hour work ing their workers earned overtime, why That is what my amendment does. week with an 80-hour 2 week work pe- should we believe that they will allow That is what this bill is all about—giv- riod, with hours to be agreed upon by them to freely choose between ing parents the ability to participate the employers and the employees. Each comptime and overtime. Expanding the with their young children when it is vi- of these provisions will have serious opportunities for abuse does not seem tally important. adverse consequences for working fam- prudent. Let’s do the right thing with this ilies. There are additional concerns that bill. Let’s stop cloture today and move The most serious concern is that em- even where comptime is freely chosen, on to a mandatory process that really ployees would not, in fact, be given a employees will be able to take their does what all of us want to do—deal choice. Employers would favor an em- compensatory time off when they need with that time that every parent feels ployee who consistently chose it. Under the current language, a com- today, and let their children know that comptime over overtime when assign- pany who found it inconvenient to give as adults we will care for them. Let’s ing overtime hours. The atmosphere in comptime when a parent requested

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4513 time off, could refuse the comptime re- in order to meet the family bills, in And that is why I offered this amend- quest. There is also concern that for order to provide for their children. ment. Because America’s working men the purposes of unemployment and That option would be gone for many and women need flexibility in their pension compensation, comptime will working families under this legisla- jobs—so they can spend more time with not be counted in the same manner as tion. Employees could wind up having their families. overtime pay, thus leaving the em- their overtime pay cut in favor of what And that is what S. 4, in its current ployee with less lifetime benefits. This is called comptime or flexible credit form, proposes to do. Regrettably, I be- means that as parents and grand- hours. lieve this legislation takes the wrong parents retire, they are less likely to Again, choice going in one direction approach. be self sufficient and more likely to is coercion. Under the current bill, mothers and rely on their families. Finally, Mr. President, this legisla- fathers do not have the final say in There are many options available to tion fails, I think, the test of good leg- how their overtime will be used. Their employers wishing to create family islation because it does not give em- hands are tied by the decisions of their friendly flexibility in their workplaces, ployees the ability to plan. The spon- employer. including the flexibility to create both sors say this legislation is intended to Under my amendment, if a worker flextime and compressed work sched- give workers the flexibility to plan puts in overtime, he or she can be paid ules programs that allow workers and their lives, and the like. time and a half, just as the law stands In fact, under this legislation the em- employers to create family friendly now. Or if that person wants, he or she ployer could say to a given worker, schedules. There are many legislative can take that payment in the form of ‘‘This week you work 50 hours, and vacation—an hour and a half for every options as well, including expansion of next week you work 30 hours. And that the Family and Medical Leave Act. hour of overtime. Quite simply, work- makes up the 80 hours, and I don’t have ers can choose money or time, and not These are initiatives that provide flexi- to do anything else for you.’’ If that bility without opening the door to be penalized for their choice. person has a child in day care, or if This choice would allow a parent the abuses. that person doesn’t want to split up flexibility to attend their child’s soccer The 40-hour work week and the right their work week so they can plan their game. Or it would let that worker earn to overtime were not instituted at the activities they are out of luck. If they a little extra money for Christmas pre- whim of Congress. These are rights wind up putting in 50 or 60 hours in 1 sents. that the working people of America week and only 20 or 30 the next, if an Under the changes proposed in Sen- fought for for over 100 years. Blood was individual is disrupted by this sched- ator ASHCROFT’s bill, the employer has shed and people died in the struggle to ule, if their personal life is disrupted, the last word. Mothers and fathers create a work week in which people this legislation does not provide any could find their employer deciding could see daylight, see their children, protections for them. It only provides whether they get time off or whether and build their communities. We for protections against disruption for they get overtime pay. And I believe should not take lightly efforts to eradi- the employer. that is wrong. cate the victories of America’s working So, if this legislation wants to be It is our duty to protect America’s men and women, victories that have called the Family Friendly Workplace workers. When it comes to the choice strengthened America’s families. I urge Act, I would actually suggest it be between comptime and time off, we my colleagues to support America’s amended to be called the Adams Fam- need to make sure the employee has working families by voting no on S. 4 ily Friendly Workplace Act because the last choice. and no on cloture. that is the only family that this legis- We have a tremendous opportunity to Mr. President, this legislation re- lation is friendly to. do something great for America’s duces pay, cuts benefits, and elimi- I urge my colleagues to oppose this working men and women. We have a nates worker options all under the legislation, and I oppose cloture. chance to give our families a powerful I yield the floor. guise of flexibility. tool in the struggle to find balance be- If you think about it for a minute, Mr. BAUCUS. Mr. President, I rise today because yesterday I introduced tween work and family. when you have a choice that only goes They’re not asking for much. They the Baucus-Kerrey-Landrieu substitute in one direction, that is not flexibility. simply want an honest day’s pay for an amendment to the comptime bill. This That is coercion. And that is what this honest day’s work. They also want a legislation allows. amendment will give working men and women the choice between earning little time to spend with their families. Employees will not be able to freely The American people have made it overtime pay or taking that time off to choose whether or not they want to clear to us that flexibility and choice take overtime, or to take comptime. spend with their families. As I travel around my State, I get are what they need. Under my amend- That will be up to the employer. ment, that flexibility, and that choice, Under this legislation, the employer the chance to meet with a lot of de- cent, hard-working people. In Montana, are what they will get. gets to choose not only when an em- I urge my colleagues to join me, and ployee can use comptime but who gets we know how to put in an honest day’s work. And in exchange for that work, vote in favor of this amendment when to use comptime. So an employer could we ask only for an honest day’s pay. it comes to the Senate floor. theoretically choose to give favored But lately, that pay isn’t stretching Mr. President, I yield the floor. employees the benefits of the flexi- as far as it used to. That means work- Mr. ABRAHAM. Mr. President, I am bility they need and not offer the same ing longer hours, and sometimes hold- voting for cloture for the Family- options to someone they didn’t like ing down two jobs. Whether it is a sin- Friendly Workplace Act because I be- quite as much. gle-parent household, or a home where lieve that it has the potential to allow Add to that the fact that the benefits both parents have to work, people are workers around the country the flexi- that employees receive with regard to finding less and less time for their fam- bility to spend more time with their their pensions and other retirement ilies. families. This legislation will give em- benefits are calculated based on hours Mothers and fathers are finding ployees the flexibility of taking time- worked and it is possible that under themselves caught in a costly juggling and-a-half off in lieu of receiving time- this legislation retirement benefits act, where they are trying to balance and-a-half pay for any overtime hours would wind up being cut. This is an- the demands of their work with the worked. In addition, the employee will other flaw of this legislation that is needs of their families. also have the option of working out a hidden under the guise of flexibility. I believe that this trend has very se- biweekly work program with his or her Add to that also the fact that S. 4 is rious consequences on our families and employer or using flexible credit hours. the Paycheck Reduction Act. Clearly our society as a whole. I know most of All of these options are currently an employer could decide that an em- the Senators in this body agree with available to Federal employees and re- ployee will not have overtime, and me. ceive high praise from the employees many people—15 percent of manufac- As our society changes, so must our who choose to participate. turing workers in this country for in- labor laws. They must reflect the needs While I think the principles behind stance—right now depend on overtime of our current work force. this bill are sound and important for

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4514 CONGRESSIONAL RECORD — SENATE May 15, 1997 the American worker, I also believe it CLOTURE MOTION Mr. COVERDELL. Mr. President, on is important to ensure that the choice The PRESIDING OFFICER. The clo- behalf of the leader, I make the fol- to participate in the program is left to ture motion having been presented lowing remarks. the employee. Without this assurance, under rule XXII, the Chair directs the The people of America want flextime. the employee will have gained nothing. clerk to read the motion. Working women, mothers and fathers For this reason, I have expressed my The legislative clerk read as follows: need the same flexible work schedules concern that the coercion language CLOTURE MOTION and comptime choices that Govern- contained in this bill be strong enough We, the undersigned Senators, in accord- ment workers, salaried workers, bosses to deter potential abuses of the law. I ance with the provisions of rule XXII of the and boardroom executives have en- am supportive of the managers’ amend- Standing Rules of the Senate, hereby move joyed for decades. I am particularly to bring to a close debate on the committee ment which establishes a similar level struck that, since 1978, Government of penalties for employers who coerce amendment to Calendar No. 32, S. 4, the Family Friendly Workplace Act of 1997: workers have enjoyed what this legisla- employees to accept the compensatory Trent Lott, John Ashcroft, Susan M. Col- tion would provide other workers in time, biweekly work program, or flexi- lins, Kay Bailey Hutchison, Mike the private sector. ble credit hours. This amendment, DeWine, Judd Gregg, Paul Coverdell, I remember when I came here it was would essentially double the penalties Gordon Smith, John W. Warner, Thad important that there be congressional for an employer who coerced an em- Cochran, Conrad Burns, Fred Thomp- accountability, that the Congress oper- ployee to take any of these options. son, Don Nickles, Wayne Allard, Jeff ate under the same laws as the busi- Sessions, and Dirk Kempthorne. In addition to this change, I have nesses and people of the country. I filed two amendments Nos. 254 and 255, VOTE think that is applicable here, too. If The PRESIDING OFFICER. The that would establish additional pen- Government workers can enjoy these question is, Is it the sense of the Sen- alties for employers who continue to benefits, then private sector employees ate that debate on the committee sub- abuse the intent of this law. If an em- ought to as well. stitute, as modified, on S. 4. shall be ployer is found guilty of a second of- The Family Friendly Workplace Act brought to a close? The yeas and nays fense of coercion, my amendment is a matter of fairness to the workers are required. The clerk will call the would triple the penalties for that em- of America. It is a high priority of the roll. ployer. While I believe that most em- Republican leadership, and we intend ployers will work with their employees The legislative clerk called the roll. The yeas and nays resulted—yeas 53, to continue to press this case both here to establish mutually beneficial work in the Senate and before the American programs, I believe it is important to nays 47, as follows: [Rollcall Vote No. 68 Leg.] people. A number of people on the establish strong penalties for those em- other side, including the White House, YEAS—53 ployers who may abuse the system. have said both publicly and privately With appropriate protections for the Abraham Frist McCain they want to get a bill. An op-ed, or employee, I believe the Family-Friend- Allard Gorton McConnell editorial, in today’s Wall Street Jour- ly Workplace Act will benefit hundreds Ashcroft Gramm Murkowski Bennett Grams Nickles nal by the executive director of the of workers and families around the Bond Grassley Roberts Democratic Leadership Council urges country. Brownback Gregg Roth passage of the bill. That appeared Mr. KENNEDY. Mr. President, how Burns Hagel Santorum Campbell Hatch Sessions Thursday, May 15, 1997: ‘‘Comptime’s much time remains? We are prepared Chafee Helms Shelby Time Has Come.’’ to yield back. I think we have had ex- Coats Hutchinson Smith (NH) Cochran Hutchison Mr. President, I ask unanimous con- cellent statements that have been Smith (OR) Collins Inhofe sent that the article be printed in the made by our two colleagues and Snowe Coverdell Jeffords RECORD. friends. Stevens Craig Kempthorne There being no objection, the article The PRESIDING OFFICER. Two DeWine Kyl Thomas minutes and ten seconds. Domenici Lott Thompson was ordered to be printed in the Mr. KENNEDY. I will withhold the Enzi Lugar Thurmond RECORD, as follows: Faircloth Mack Warner time, if the proponents of legislation [From the Wall Street Journal, May 15, 1997] want to yield back. NAYS—47 COMP TIME’S TIME HAS COME Mr. JEFFORDS. Mr. President, I Akaka Feingold Levin (By Chuck Alston) think I have the right to close. Baucus Feinstein Lieberman For a fresh example of why voters think Biden Ford Mr. KENNEDY. Mr. President, I yield Mikulski Washington doesn’t get it, look no further Bingaman Glenn Moseley-Braun than the partisan standoff over overtime back our time. Boxer Graham Moynihan Mr. JEFFORDS. Mr. President, I will Breaux Harkin Murray compensation. very brief. Bryan Hollings Reed Federal law now requires employers to pay All of the arguments that have been Bumpers Inouye Reid most hourly workers time-and-a-half for all Byrd Johnson Robb work beyond 40 hours a week. The Senate, given here against the Family Friendly Cleland Kennedy Rockefeller following the House’s lead, is now debating Workplace Act are based on one fact: Conrad Kerrey Sarbanes legislation that would permit employers to that an employer who is a real SOB is D’Amato Kerry Daschle Kohl Specter give workers the choice of taking so-called not going to give his or her employees Dodd Landrieu Torricelli compensatory time off (at the time-and-a- the rights created in this bill. Dorgan Lautenberg Wellstone half rate) instead of overtime pay. Why deny the 99.9 percent of the em- Durbin Leahy Wyden The concept is enormously popular, and for ployees in this Nation who have good The PRESIDING OFFICER (Mr. good reason. The Fair Labor Standards Act employers the ability to work these SMITH of Oregon). On this vote, the which must be amended to allow comp time, things out with their employers? yeas are 53, the nays are 47. Three- was designed in 1938 for the male manufac- turing work force of the Depression era. So all of the arguments against S. 4 fifths of the Senators duly chosen and are based on one thing; that employers Today, both parents generally must work to sworn not having voted in the affirma- keep their family in the middle class. Even will not follow the provisions con- tive, the motion is rejected. with squeezed family budgets, some workers tained in the bill. The point is, Mr. Mr. COVERDELL addressed the would welcome extra time off to take care of President, that S. 4 contains provisions Chair. a sick child or parent, attend a Little League that will protect American workers. The PRESIDING OFFICER. The Sen- game or just catch up with home life. Ac- Since the bill does contain these pro- ator from Georgia. cording to the independent Families and tections, and 99.9 percent of employees Mr. COVERDELL. Mr. President, Work Institute, 40% of workers say they work for good employers, it is com- might we have order? can’t get their chores done because of their pletely unfair to deny all of the rest of The PRESIDING OFFICER. If I can job; 35% complain of a lack of personal time; have the attention of the Senators in 24% complain they lack time for their fami- the employees in the country the abil- lies. No wonder a 1995 Penn, Schoen & ity to participate in comptime, flex- the Chamber, if will they take their Berland poll for the business-backed Labor time and bi-weekly work schedules. conversations outside, I would appre- Policy Association found that three-fourths Mr. President, I yield the remainder ciate it. The Senator from Georgia has of all Americans favor giving employees a of my time. the floor. He is due your attention. choice between overtime pay and comp time.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4515 Unfortunately, politics as usual could kill The irony of the debate is that the comp- THE PARTIAL-BIRTH ABORTION this attempt to help harried families. Presi- time option has been available in the public ACT dent Clinton has called for comp-time legis- sector since 1985. To be sure, it won’t work lation, but has threatened to veto the bill everywhere in the private sector, but it’s Mr. THOMAS. Mr. President, I am the House has passed, largely on the grounds time go give companies—and their workers— sorry we have moved into some of our that it does not go far enough to protect the choice. time, but I will be very brief and cover workers’ interests. Unions have made opposi- the points I want to make. I am real tion a litmus test for Democrats, making a Mr. COVERDELL. Mr. President, now is the time to get serious about pleased today to be joined by three of yes vote suicidal for members who want to my associates in support of H.R. 1122, protect their labor PAC donations (a big rea- this, but it is your move. I urge the son only 13 House Democrats voted yes). White House to get with the sponsor of the Partial-Birth Abortion Act. I am Democratic opponents have cast the House S. 4, and let us find out where the com- going to be very brief. It has been talked about to a great extent. Every- bill as the ‘‘paycheck reduction act.’’ And mon ground is. Senators JEFFORDS, Republicans have appeared gleeful at the thing, probably, has been said. But DEWINE, and ASHCROFT are ready to thought of jamming legislation down labor’s there is one thing that sticks in my work with you, Mr. President, as they throat, a payback for unions $35 million soft mind that I think is important about always have been. It is your move. money campaign last year for Democrats. In this discussion and this vote that will sum, hardly the atmospherics for com- I hope Senators who voted against come up. promise. cloture, cutting off debate, will think Nonetheless, this effort to modernize labor We did this last year, you will recall. about whose side they are on. Are you It passed by significant numbers in the law shouldn’t be allowed to run aground on on the side of those who already have partisan shoals. The tools and protection Senate. President Clinton vetoed the workers need in the new economy are dif- flextime but want to deny others the bill that was passed in the 104th Con- ferent from those of the Industrial Era. Em- same rights? Or are you on the side of gress. I just want to mention the rea- ployers and employees alike will benefit the working women and men who do sons that he gave for vetoing the bill. from public policy that supports two-parent not have these options? The only work- First, he said it was only necessary families by giving them the flexibility to ers who are denied flextime today are in ‘‘a small number of compelling balance family and income needs. hourly workers: the secretaries, sales The legislation has won wide backing from cases.’’ The fact is that is not factual. business groups: not only because it could clerks, mechanics, factory workers in The fact is that has changed. The fact lower labor costs by cutting cash out the our country. They are the folks who is, there are facts that show, for in- door for payroll and payroll taxes, but also get up early, punch in the time clock, stance, in New Jersey, that there were because smart companies understand how and work hard to make ends meet. It is more than 1,500, just in the one State. flexibility can help their efforts to recruit time that we were on the side of the So that reason for vetoing is not true. and retain top-notch employees. As a recent millions of working class people in It is not true. Working Woman article on workplace flexi- America who are denied these choices. The second one was to protect the bility programs at Xerox Corp. noted, ‘‘In the end, researchers found that work/life ini- I repeat these choices that Federal mother from ‘‘serious injury to her tiatives were not just a feelgood answer to workers already have. Single moms, health.’’ The fact is, in the vast major- personal time conflicts, but a solution to two-paycheck families need flextime. ity of cases when the partial-birth business problems—and one that could pro- Just ask them and they will tell you. technique is used, it is for elective pur- vide companies with a competitive edge.’’ A Let us give working parents a helping poses, and that, also, has been shown to comp-time law would give companies yet an- hand in the vital job they are doing. be true. other flexibility option to offer employees, Mr. President, I suggest the absence Third, the President said, to avoid but without mandating it. the mother ‘‘losing the ability to ever At the same time, we must also make sure of a quorum. workers’ interests are protected. In the real Mr. BUMPERS. Mr. President, will bear further children.’’ The facts have world, some companies will certainly try to the Senator withhold that request for a now shown it is never necessary to maneuver workers into taking comp time in- moment? safeguard the mother’s health or fer- stead of overtime, or start offering overtime Mr. COVERDELL. Mr. President, I tility; that there are other procedures work only to people who will take comp time withhold my request for a moment. that are available. I think these are instead of pay. As a former newspaper re- compelling, compelling arguments. porter, I’m well aware of the lengths to Mr. BUMPERS. Parliamentary in- quiry. What is the time situation be- These are the reasons the President ve- which managers will go to avoid paying over- toed the bill that have subsequently time. That is why any legislation must en- tween now and the time we go to the sure that comp time is truly voluntary. It FEINSTEIN amendment? been found not to be factual. should bar employers from coercing employ- The PRESIDING OFFICER. We have I yield time to the Senator from Ne- ees to take comp time, give employees rea- morning business until 11. We have al- braska. The PRESIDING OFFICER. The Sen- sonable latitude over when they can take the ready cut into that substantially. time off or cash out their accumulated ator from Nebraska. hours, protect part-time, seasonal and other About half of it is remaining. Mr. HAGEL. Mr. President, I rise especially vulnerable employees, and prevent Mr. BUMPERS. How much time re- today to offer my full support for the employers from discriminating unfairly in mains and who is supposed to receive Partial-Birth Abortion Ban Act. I am determining who gets comp time. it? proud to be an original cosponsor of The House bill’s five-year sunset provision The PRESIDING OFFICER. The this important legislation. was a good compromise. If employers aren’t Democratic side—the Democratic lead- honoring these protections, or the law proves I thank my distinguished colleague so overly complex that employers don’t take er has 12 minutes, the Senator from from Pennsylvania, Senator SANTORUM, advantage of it, we can always revise it or Wyoming has 8 minutes. for his leadership on this issue. return to the status quo ante. Mr. BUMPERS. I thank the Chair. This debate, of course, is about abor- The president and House Republicans Mr. COVERDELL. Mr. President, I tion, which I strongly oppose. But it is aren’t that far apart on comp-time legisla- yield the floor. about much more than that. It is about tion. The Senate could point the way toward Mr. THOMAS addressed the Chair. doing what is right. It is about values. compromise, based on this foundation: Re- And it is about a civilized society publicans must understand that tinkering with one of the labor movement’s greatest f standing against a heinous procedure accomplishments—the 40-hour work week— that is used to kill a mostly born child—a procedure that, as even some naturally generates suspicion in Democratic MORNING BUSINESS quarters. And they shouldn’t automatically advocates of abortion rights have con- resist every attempt to bolster worker pro- The PRESIDING OFFICER (Mr. ceded, comes dangerously close to mur- tection. Meanwhile, Democrats who rightly DEWINE). Under the previous order, der. seek to protect workers must understand there will now be a period for morning The debate about abortion raged in that they can, and may well, doom comp business until the hour of 11 a.m., with America long before I began my service time with overly complex conditions. In the Senator DASCHLE or his designee in end, the last thing anyone should want is a in the Senate. It will continue long law so complicated that employers, espe- control of 10 minutes and Senator after the Senate votes on this bill to cially in small businesses, choose not to offer THOMAS or his designee in control of 10 ban one specific abortion procedure. employees any option at all for fear of being minutes. It will continue until America comes sued. The Senator from Wyoming. to grips with the moral crisis that

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4516 CONGRESSIONAL RECORD — SENATE May 15, 1997 makes abortion just another sign of flect on what type of society we have her future fertility. On the contrary, this the times. become and what type of society we procedure can pose a significant threat to This debate itself may rise and fall, want to leave for our children and both. but my view on this matter is straight- grandchildren. As I ponder partial-birth abortion, I forward—I believe America should ban Thank you, Mr. President. I yield the come to the conclusion that Americans partial-birth abortion because it is floor. must be bigger than this procedure per- wrong. Mr. BUMPERS addressed the Chair. formed on the most innocent among us. For too long, our society has drifted The PRESIDING OFFICER. The Sen- We are bigger than this, and I believe too far from that simple conclusion. In ator from Arkansas. that Americans today in the United this body—as in this country—we are Mr. BUMPERS. Mr. President, I ask States will rise above this procedure to adept at weighing and debating the unanimous consent the 12 minutes re- make it unlawful and to contribute to- pros and cons. We know how to balance maining for the Democratic side be di- wards the common desire of those who competing interests. We know how to vided 5 minutes to Senator BINGAMAN are pro-life and pro-choice to make strike compromises. But do we think and 5 minutes to the Senator from Ar- abortion rare. often enough about the consequences of kansas, who will share it with the Sen- Thank you, Mr. President. our actions? ator from Georgia, Senator CLELAND, Mr. BINGAMAN addressed the Chair. I fear we have strayed from seeking and 2 minutes to the Senator from Wis- The PRESIDING OFFICER. The Sen- straightforward answers to tough ques- consin, Mr. KOHL. ator from New Mexico. tions. We have too often strayed from The PRESIDING OFFICER. Is there Mr. BINGAMAN. I thank the Chair. making public policy based solely on objection? (The remarks of Mr. BINGAMAN per- what is right. Mr. THOMAS. Reserving the right to taining to the introduction of S. 748 are The vote we are about to cast is object, is there time left on our origi- located in today’s RECORD under about banning a specific method of nal 10 minutes? ‘‘Statements on Introduced Bills and abortion. But the debate in which we The PRESIDING OFFICER. The Sen- Joint Resolutions.’’) Mr. BUMPERS addressed the Chair. are engaged is about larger questions. ator has 3 minutes and 42 seconds. The PRESIDING OFFICER (Mr. Have we become coarsened by a soci- Mr. THOMAS. I wonder if it would be SMITH of Oregon). The Senator from ety that cheapens life—from our failure possible for us to go ahead and finish to stop violence in our streets to our Arkansas. and then do it as the Senator de- Mr. BUMPERS. I thank the Chair. unwillingness to keep violence from scribed? (The remarks of Mr. BUMPERS and our television screens? Mr. BUMPERS. Is the Senator ob- Have we come to accept what should Mr. CLELAND pertaining to the intro- jecting to the request? duction of S. 745 are located in today’s never be acceptable—a society where Mr. THOMAS. No, sir, I am asking RECORD under ‘‘Statements on Intro- drug use is termed recreational, and ir- that we finish the 10 minutes we were responsible behavior is just a sign of duced Bills and Joint Resolutions.’’) allocated and then transfer to you to Mr. KOHL addressed the Chair. the times? do it in the method that you asked. Have we lost the basis of a civil soci- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there ety? Are we no longer willing to stand ator from Wisconsin. objection? Without objection, it is so up and say enough is enough? Mr. KOHL. Mr. President, I ask unan- ordered. Mr. President, I came to this Senate imous consent for 2 minutes. The Senator from Oregon is recog- with a firm belief that we can make a The PRESIDING OFFICER. Without nized. real difference for America’s future. I objection, it is so ordered. The Senator Mr. SMITH of Oregon. Mr. President, have no doubt we can put our financial from Wisconsin is recognized. in that I only have 3 minutes remain- books in order—by cutting spending, f ing, I am going to put aside my written cutting taxes, cutting regulations, and remarks and, frankly, speak from the JUDICIAL NOMINATIONS balancing the budget. But can we put our values in order? If heart. Mr. KOHL. Mr. President, yesterday we, as leaders, fail to do what is right I rise today, first, to thank Senator Mr. LEAHY and several of my col- ANTORUM for his leadership on this and fail to stop what is wrong, will we S leagues spoke about judicial confirma- issue but, more important, to stand really have left a better America for tions. Let me make a few additional with those who stand for the principle our children and our grandchildren? points. First, we are experiencing a I think not. of life today on this very important record slowdown in confirming judges. For two centuries, America has rest- bill. I have consistently supported this Last year, only 17 Federal judges were ed on a value system anchored by per- principle and have tried to listen with confirmed, and not a single judge for a sonal responsibility. Our society has some care and compassion to those who court of appeals. This year, the process always been underpinned by respect for advocate the other view. I heard them has gotten even worse—only two judges others, respect for self, faith in God say things like, ‘‘Let’s make abortion have been confirmed, and the year is and family, and helping those in need. safe, legal, and rare,’’ except for the almost half over. Indeed, at our current We have always held these values im- fact that when it comes to doing any- pace, with only 5 judges likely to be portant—worth struggling for and thing to make it rare, I seldom see confirmed a year, and an average of worth fighting for. them helping us in this endeavor. Con- more than 50 retiring, we would have People of good character stood up for versely, I have tried very hard to reach no federal judges at all in 20 years. Lit- these values in their own lives, and in out on issues of education and preven- erally, an empty bench. their communities. They expected tion to try to make abortion rare. Second, we need these judges, both to their leaders to stand up for them as Today presents us with an oppor- prosecute and sentence violent crimi- well. tunity not to end abortion but simply nals and to prevent more backlogs in Mr. President, I have every con- to ban one incredibly gruesome proce- civil cases. This is about justice—it fidence that this body will vote to out- dure and to make all unborn American shouldn’t be about politics. Don’t take law this gruesome procedure because children safe from this procedure. my word on this, ask Chief Justice the goodness of our people will demand It is clear, because of testimony that Rehnquist. He says ‘‘filling judicial va- it. Just as families across America has come out, that the partial-birth cancies is crucial to the fair and effec- wake up every day and try to do the abortion is anything but rare in this tive administration of justice.’’ Chief right thing, so they are expecting their country, and today we need to make it Justice Rehnquist is right. leaders to do the same. impossible. Or ask Judge George Kazen from the The vote we will cast on this issue is I refer to the statement by the Sur- Southern District of Texas. He is the important. It goes to the heart of who geon General C. Everett Koop, a man subject of a front page article in to- we are as a people and who we want to much admired for his service in health day’s Washington Post with the head- be as a Nation. care in this country, who said: line ‘‘Cases Pile Up as Judgeships Re- I hope we will all take pause, in this Partial-birth abortion is never medically main Vacant.’’ He is hearing a dra- body and throughout America, to re- necessary to protect the mother’s health or matic increase in criminal cases now

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4517 because we’re cracking down on illegal spokeswoman for the Senate Judiciary Com- We’re almost never seeing the big shots— immigration and drug smuggling in his mittee, which considers nominations for rec- we’re seeing the soldiers. Once in a while, border district. He desperately wants ommendation to the full Senate for con- we’ll see a little bigger fish, but we’re deal- and needs help. But we haven’t helped. firmation. ing with very, very smart people. We see Of those 99 vacancies, 24 qualify as judicial some mom-and-pop stuff, too. There was a Instead, the Senate has held up a nomi- emergencies, meaning the positions have guy who came before me who had been in the nee for his district for almost 2 years. been vacant more than 18 months, according Army umpteen years, and he needed the I ask unanimous consent to print this to David Sellers of the Administrative Office money, he was going bankrupt, so he did this article in the RECORD at the conclusion of the U.S. Courts. Two of the emergencies 600-pound marijuana deal. He said he stood of my remarks. exit in Texas, including the one in Kazen’s to pick up $50,000, and now he’s facing five to The PRESIDING OFFICER. Without southern district. 40 years. Lopatto said the thorough investigation of ‘‘We see kids 18 and 19 years old,’’ Kazen objection, it is so ordered. each nominee is a time-consuming process. (see exhibit 1.) said. ‘‘We see pregnant women. We see dis- But political observes say Republicans, who abled people in wheel-chairs. This is very, Mr. President, third, inaction now run the Senate, are in no hurry to approve very tempting stuff.’’ In Washington, the ar- can only make matters worse. If we candidates submitted by a Democratic presi- gument over court vacancies continues. On don’t start moving judges, some Sen- dent. The pinch is particularly painful here April 30, Attorney General Janet Reno told ators might feel compelled to put a in border towns. The nominee for Browns- the Judiciary Committee, ‘‘Chief judges are hold on all other legislative business. ville, in Kazen’s district, has been awaiting calling my staff to report the prospect of approval since 1995. Here in Laredo, Kazen’s canceling court sittings and suspending civil Or the President could be forced to criminal docket has increased more than 20 make recess appointments to the Fed- calendars for lack of judges, and to ask when percent over last year. they can expect help. This committee must eral bench. Of course, no one wants ei- ‘‘We have a docket,’’ he said, ‘‘that can be act now to send this desperately needed tripled probably at the drop of a hat. * * * ther of these things, including me. But help.’’ The Border Patrol people, the Customs peo- if we don’t confirm nominees through In remarks yesterday to the Federal ple at the [international] bridges will tell the normal process, I am afraid this is Judges Association meeting in Washington, you, they don’t catch a tenth of who is going what could happen. Reno warned that ‘‘the number [of vacan- through. The more checkpoints you man, the Mr. President, let’s breathe life back cies] is growing.’’ more troops you have at the bridges, will ‘‘As you are no doubt aware,’’ Reno told into the confirmation process. Let’s necessarily mean more stops and more the judges, ‘‘the level of contentiousness on vote on the nominees who already have busts.’’ the issue of filling judicial vacancies has un- And many more arrests are expected, the been approved by the Judiciary Com- fortunately increased in recent times.’’ mittee, and let’s set a timetable for fu- result of an unprecedented focus on policing ture hearings on pending judges. Let’s the U.S.-Mexico border. Earlier this year, f Clinton unveiled a $367 million program for PARTIAL-BIRTH ABORTION BAN fulfill our constitutional responsibil- the Southwest for fiscal 1998, beginning Oct. ities; justice demands that at a min- 1, that includes hiring 500 new Border Patrol ACT OF 1997 imum. I thank you, and I yield the agents, 277 inspectors for the Immigration The PRESIDING OFFICER. Under floor. and Naturalization Service, 96 Drug Enforce- the previous order, the Senate will now EXHIBIT 1 ment Administration agents and 70 FBI proceed to H.R. 1122, which the clerk agents. [From the Washington Post, May 15, 1997] In Kazen’s territory, the number of Border will report. CASES PILE UPASJUDGESHIPS REMAIN Patrol agents already has swollen dramati- The legislative clerk read as follows: VACANT cally, from 347 officers assigned to the La- A bill (H.R. 1122) to amend title 18, United (By Sue Anne Pressley) redo area in fiscal 1993 to 411 officers in fiscal States Code, to ban partial-birth abortions. LAREDO, TX.—The drug and illegal immi- 1996. More tellingly, in 1993, agents in the The Senate resumed consideration of grant cases keep coming. No sooner does Laredo sector arrested more than 82,000 peo- the bill. Chief U.S. District Judge George Kazen clear ple on cocaine, marijuana and illegal immi- The PRESIDING OFFICER (Mr. gration charges. By 1996, arrests had soared one case than a stack of new cases piles up. INHOFE). Under the previous order, the to nearly 132,000, according to data supplied He takes work home at night, on weekends. Senator from California is recognized ‘‘It’s like a tidal wave,’’ Kazen said re- by the INS. All of which is keeping Kazen and the to call up an amendment. cently. ‘‘As soon as I finish 25 cases per Mrs. FEINSTEIN. Thank you, Mr. month, the next 25 are on top of me and then other judges here hopping. ‘‘I don’t know you’ve got the sentence reports you did two what the answer is,’’ said U.S. District Judge President. months before. There is no stop, no break at John Rainey, who has been acting as ‘‘a cir- AMENDMENT NO. 288 cuit rider’’ as he tries to keep Kazen out in all, year in and year out, here they come. (Purpose: To prohibit certain abortions) Laredo from his post in Victoria, Tex. ‘‘I cer- ‘‘We’ve already got more than we can say Mrs. FEINSTEIN. Mr. President, I grace over down here,’’ he said. tainly don’t see it easing up anytime soon. There still seems to be such a demand for would like to begin this debate by This is what happens to a federal judge on sending an amendment to the desk. the southern border of the United States drugs in this country, and that’s what causes people to bring them in. Until society when Washington cracks down on illegal im- This amendment is sent on behalf of changes, we won’t see any changes down migration and drug smuggling. It is a situa- myself, Senator BOXER, and Senator here.’’ MOSELEY-BRAUN. tion much aggravated by the fact that the In a letter to Rep. Henry B. Gonzalez (D– Senate in Washington has left another fed- Tex.) in February, Kazen outlined the need The PRESIDING OFFICER. The eral judgeship in this district vacant for two for a new judge in the Laredo or McAllen di- clerk will report the amendment. years, one of 72 vacancies on federal district vision, rather than in Houston, where a va- The assistant legislative clerk read courts around the country. cancy was recently created when then-Chief as follows: As Border Patrol officers and other federal Judge Norman Black assumed senior status. The Senator from California [Mrs. FEIN- agents swarm this southernmost region of ‘‘The ‘border’ divisions of our court— STEIN], for herself, Mrs. BOXER, and Ms. Texas along the Mexican border in ever-in- Brownsville, McAllen and Laredo—have long MOSELEY-BRAUN proposes an amendment creasing numbers, Judge Kazen’s docket has borne the burden of one of the heaviest numbered 288. grown and grown. He has suggested, so far criminal dockets in the country, and the Mrs. FEINSTEIN. Mr. President, I unsuccessfully, that a judgeship in Houston processing of criminal cases involves special be reassigned to the Rio Grande Valley to pressures, including those generated by the ask unanimous consent that further help cope. Speedy Trial Act,’’ he wrote. reading of the amendment be dispensed In Washington, where the laws and policies On a recent typical day, Kazen said, he with. were adopted that has made Kazen’s life so sentenced six people on drug charges and lis- The PRESIDING OFFICER. Without difficult, the Senate has made confirmation tened to an immigration case. His cases tend objection, it is so ordered. of federal judges a tedious process, often to involve marijuana more often than co- The amendment is as follows: fraught with partisan politics. In addition to caine, he said. the 72 federal district court vacancies (the ‘‘The border is a transshipment area,’’ he Strike all after the enacting clause and in- trial level), there are 25 circuit court vacan- said. ‘‘The fact is, a huge amount of contra- sert the following: cies (the appellate level) and two vacant band somehow crosses the Texas-Mexican SECTION 1. SHORT TITLE. international trade court judgeships across border, people walking through where the This Act may be cited as the ‘‘Post-Viabil- the country, leaving unfilled 99 positions, or river is low, and there are hundreds and hun- ity Abortion Restriction Act’’. 11 percent of the federal judiciary. Twenty- dreds of miles of unpatrolled ranchland. SEC. 2. PROHIBITION ON CERTAIN ABORTIONS. six nominations from President Clinton are ‘‘In some cases,’’ Kazen continued, ‘‘we’re (a) IN GENERAL.—It shall be unlawful, in or pending, according to Jeanne Lopatto, seeing a difference in the kind of defendant. affecting interstate or foreign commerce, for

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4518 CONGRESSIONAL RECORD — SENATE May 15, 1997 a physician knowingly to perform an abor- viability abortions to the extent permitted of a procedure, a procedure known as tion after the fetus has become viable. by the Constitution of the United States. ‘‘intact D&E.’’ Nowhere in House Reso- (b) EXCEPTION.—Subsection (a) does not Mrs. FEINSTEIN. Mr. President, I lution 1122 are ‘‘intact D&E’’ or ‘‘intact apply if, in the medical judgment of the at- rise to offer a substitute amendment to D&X’’ or any medical procedure re- tending physician, the abortion is necessary H.R. 1122, which, as I said, is cospon- to preserve the life of the woman or to avert ferred to. Instead, we have a term not serious adverse health consequences to the sored by Senators BOXER and MOSELEY- existent in medical science anywhere woman. BRAUN. The amendment we offer is pre- called ‘‘partial-birth abortion.’’ SEC. 3. CIVIL PENALTIES. sented as an alternative to the House- Now, anyone who is familiar with a (a) ACTION BY ATTORNEY GENERAL.—The passed bill on so-called partial-birth woman’s physiology knows that this Attorney General, the Deputy Attorney Gen- abortions and as an alternative to the term can be used to deny second-tri- eral, the Associate Attorney General, or any Daschle substitute as well. mester and third-trimester abortions— Assistant Attorney General or United States My colleagues and I offer this amend- virtually, I believe, all of them. Attorney specifically designated by the At- ment for one reason: We very much be- If the concern of the authors of this torney General (referred to in this Act as the lieve that any legislation put forward legislation were truly in fact to pro- ‘‘appropriate official’’), may commence a by Congress that restricts access to civil action under this subsection in any ap- hibit or ban one specific procedure, abortions or to a particular medical why would they not spell out what the propriate United States district court to en- procedure must be constitutional and force the provisions of this Act. procedure is in legislative language (b) RELIEF.— must contain sufficient protections for just as they have graphically spelled (1) FIRST VIOLATION.—In an action com- a woman’s health. The Feinstein- out the procedure on the Senate floor? menced under subsection (a), if the court Boxer-Moseley-Braun bill provides that Why? Why not do that? finds that the respondent in the action has protection while instituting a ban on I believe there is a reason why they violated a provision of this Act, the court post-viability abortions similar to that did not do that. And the reason is, that shall assess a civil penalty against the re- in the Daschle bill. spondent in an amount not exceeding I sincerely believe that this bill is Our bill does three things. meant to do much more, much more $100,000, and refer the case to the State med- First, it prohibits all abortions after than simply ban a procedure known as ical licensing authority for consideration of a fetus has become viable or able to suspension of the respondent’s medical li- intact D&X or intact D&E. I believe live independently outside of the moth- cense. that this bill is essentially a Trojan er’s womb. (2) SECOND VIOLATION.—If a respondent in horse, a Trojan horse in the sense that an action commenced under subsection (a) Second, it provides an exception for cases where, in the medical judgment it is not at all what it seems to be on has been found to have violated a provision the outside. of this Act on a prior occasion, the court of a physician, an abortion is necessary If you look on the inside, which shall assess a civil penalty against the re- to preserve the life of the mother or to spondent in an amount not exceeding prevent serious adverse health con- means opening the page of the bill, you $250,000, and refer the case to the State med- sequences to the mother. will see that this bill is the first major ical licensing authority for consideration of And third, it provides stringent civil legislative thrust to make abortion in revocation of the respondent’s medical li- penalties for physicians performing the United States of America illegal. cense. post-viability abortions in the absence I stated yesterday on the floor that (c) CERTIFICATION REQUIREMENTS.— of compelling medical reasons. we are really a product of our live’s ex- (1) IN GENERAL.—At the time of the com- periences. And my life’s experiences mencement of an action under subsection The penalties are limited to the phy- (a), the appropriate official shall certify to sician and include for the first offense that have caused me to be essentially the court involved that the appropriate offi- a fine of $100,000, and referral to a pro-choice are essentially threefold. cial— State licensing board for possible sus- The first, my days in college at Stan- (A) has provided notification in writing of pension of the medical license. ford University, days when I remember the alleged violation of this Act, at least 30 For the second offense, the fine a bright young woman who committed calendar days prior to the filing of such ac- would be up to $250,000, with referral to suicide because she was pregnant and tion, to the attorney general or chief legal the State licensing board for possible abortion was illegal in the United officer of the appropriate State or political States. And I also remember the pass- subdivision; and revocation of license. (B) believes that such an action by the There is no health exception in H.R. ing of a plate in a college dormitory so United States is in the public interest and 1122, known as the Santorum bill. And that another friend could go to Mexico necessary to secure substantial justice. we do not believe that the health ex- for an abortion. I remember that well. (2) LIMITATION.—No woman who has had an ception provided in the Daschle bill is My second life experience was in the abortion after fetal viability may be penal- sufficient, nor do we believe that it will early 1960’s at the California Institu- ized under this Act for a conspiracy to vio- meet the constitutional test. tion for Women, the women’s prison in late this section or for an offense under sec- Let me begin by speaking of my op- California for women convicted of felo- tion 2, 3, 4, or 1512 of title 18, United States position to the House bill. And let me nies, where I set sentences and granted Code. begin by pleading with anyone listen- paroles to women convicted of pro- SEC. 4. REGULATIONS AND PROCEDURES. ing to this debate to read the bill—read viding abortions. I remember this well (a) IN GENERAL.—Not later than 60 days H.R. 1122. It is short. It is easy to read. after the date of enactment of this Act, the because the only way a case really Secretary of Health and Human Services I want to quote from page 2 of that bill came to the attention of the authori- shall establish regulations— to illustrate what this bill does. ties was either through the morbidity (1) requiring an attending physician de- Let me begin on line 9: or the mortality of the patient. scribed in section 2(b) to certify that, in the Any physician who, in or affecting inter- And I remember the graphic stories best medical judgment of the physician, the state or foreign commerce, knowingly per- in those cumulative summaries that abortion described in section 2(b) was medi- forms a partial-birth abortion and thereby were given to us prior to term setting, kills a human fetus shall be fined under this cally necessary to preserve the life or to of what happened to women who were avert serious adverse health consequences to title or imprisoned not more than two years, the woman involved, and to describe the or both. victims of illegal abortions. And I re- medical indications supporting the judg- The bill refers to a ‘‘partial-birth member that the women who provided ment; and abortion,’’ which is a term not existing the abortions would leave and come (2) to ensure the confidentiality of all in- in medical literature or medical texts. back and commit the same crime again formation submitted pursuant to a certifi- So let us find out what a partial-birth because of the importunings of other cation by a physician under paragraph (1). abortion is. And we turn to line 19 of women. (b) STATE REGULATIONS AND PROCEDURES.— page 2 for that description: And the third graphic experience for The regulations described in subsection (a) me was becoming a grandmother and shall not apply in a State that has estab- As used in this section, the term ‘‘partial- lished regulations described in subsection birth abortion’’ means an abortion in which finding out that my daughter in her (a). the person performing the abortion partially pregnancy had an unexpected, very se- SEC. 5. RULE OF CONSTRUCTION. vaginally delivers a living fetus before kill- rious, potentially life-threatening Nothing in this Act shall be construed to ing the fetus and completing the delivery. problem, and realizing how surprised I prohibit State or local governments from The issue here is clear. We heard yes- was not to know that this could happen regulating, restricting, or prohibiting post- terday on this floor a vivid description in this day and age. But it did happen.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4519 My story—my daughter’s story— second- and third-trimester abortion. Republican leaders is not to regulate came out fine because today I have a We believe it would prohibit every late-term abortions, but to roll back bright-eyed and bushy-tailed and won- third-trimester abortion unless the life the protections for women guaranteed derful, light of my life, in the form of and the health, as defined by serious by the Supreme Court. a 41⁄2-year-old granddaughter by the adverse health consequences to the If the goal is to pass effective legisla- name of Eileen. mother, were at risk, and that this de- tion, the sponsors of the Santorum bill But I learned that there can be un- cision would be made by the physician know they must meet the constitu- predictable occurrences, and that when and the woman, which I think is the tional requirments for protecting of a we legislate—in a piece of paper that appropriate remedy for this issue. woman’s right to choose. President becomes an abiding law enforced every- I think this is a very difficult debate Clinton has made clear that he cannot where throughout the United States of because most people have not read the and will not accept a ban on any proce- America—we ought to legislate with bill before the Senate, H.R. 1122. Most dure that represents the best hope for a the knowledge that human life and people really do not understand the woman to avoid serious risks to her human experience has many permuta- whole panoply of human ills that can health. The bill vetoed last year and tions that are unexpected and unantici- take place in a pregnancy. the bill before us today are identical, pated. I believe the AMA, in the recent and they clearly fail to provide these I view H.R. 1122 as doing much, much paper they have put forward, very needed protections for women. more than banning a simple procedure. clearly indicates they believe that, The Supreme Court rulings in the That procedure is not mentioned any- with few exceptions, this procedure Roe and Casey decisions prohibit Con- where in this piece of legislation. But that is at question should not be used. gress and the States from imposing an it does set up the basis for lawsuit However, they are not—and I think ‘‘undue burden’’ on a woman’s right to after lawsuit against any physician rightly so—not ready to sacrifice the choose to have an abortion at any time that might practice and might perform integrity of the medical profession to up to the point where the developing a second-trimester abortion. Every say that no doctor, no matter what the fetus reaches the stage of viability. other type of abortion in some way has situation is, no matter what the physi- Governments can constitutionally the head of the fetus coming through ology of the woman may be, no matter limit abortions after the stage of via- the birth canal. And then the case is, that she may not be able to have an- bility, as long as the limitations con- at what point is that fetus still living other procedure, that she might be ad- tain exceptions to protect the life and or not living? And so I think it is a po- versely impacted healthwise, cannot, the health of the woman. tentially very dangerous piece of legis- no matter what the situation is, have This bill flunks that clear constitu- lation in that regard. this procedure as a remedy. tional test in two ways. It imposes an I mentioned yesterday that I basi- Mr. President, we present to you a undue burden—a flat prohibition—on a cally do not believe that intact D&E or bill that we believe is constitutional, a woman’s constitutional right to an intact D&X should be used, that there bill that would ban all third-trimester abortion before fetal viability. And it are other forms of abortion. That is my abortions, unless the life and health of impermissibly limits the right to an personal belief. And I believe that the the woman, as defined as serious ad- abortion after fetal viability, by ex- AMA is on its way in a medical venue verse health consequences, were cluding any protection whatsoever for of taking some steps to limit it. We all threatened. The bill includes very the woman’s health. know we are talking about less than 1 strong civil penalties, which we believe Given the clear constitutional prob- percent of all of the abortions that would be a substantial deterrent to the lems with this bill, it is fair to ask, take place in this country, in any performance of any third-trimester why do Republicans insist that we send event. abortions unless there is a very serious it to the President, for another certain So the question is, what do we do? medical need. What kind of legislation do we present Mr. President, I notice my distin- veto, when reasonable alternatives are that recognizes the exigencies, the guished colleague, and I ask the Sen- available. human trials, the difficulties that a ator from Massachusetts how much In fact, there is little need for any woman can have? time he desires. Federal legislation in this area because Yesterday, I mentioned a young Mr. KENNEDY. I would like 10 min- 41 States already ban late-term abor- nurse; her name is Viki Wilson. When I utes, and I appreciate the courtesy, but tions. Massachusetts has prohibited was a county supervisor and mayor, I I expect, Mr. President, that we are these abortions except when the wom- worked with her mother, Susan Wilson, perhaps alternating back and forth. an’s life is in danger or ‘‘the continu- who was a supervisor from Santa Clara I see Senator DEWINE, as well as Sen- ation of the pregnancy would impose a County. Viki Wilson is a nurse, mar- ator SANTORUM. substantial risk of grave impairment ried to a doctor. In her 36th week she Mr. SANTORUM. I will do a unani- to the woman’s physical or mental had a sonogram and she found out she mous-consent request and then be health.’’ Many other States have simi- had a severely deformed baby with its happy to let the Senator from Massa- lar restrictions. There is no evidence brain outside its skull. She learned chusetts speak. that the States are not enforcing their that the contractions she was having Mrs. FEINSTEIN. I yield the floor. laws. were actually seizures that the child PRIVILEGE OF THE FLOOR Supporters of the Republican bill was having and that the child was in- Mr. SANTORUM. Mr. President, I also claim that the public and Congress compatible of sustaining life outside of ask unanimous consent that Steven were misled about the actual number the womb. Schlesinger, a detailee on the Judici- of abortions performed by the proce- She went to a doctor and her doctor ary Committee, and Michelle Kitchen, dure that would be banned by their recommended the particular procedure a member of my staff, be permitted bill. But very few, if any, of us in the that is under siege here today, as the privileges of the floor for the duration last Congress were misled about the procedure, at that stage of her preg- of the debate. facts. Only a few hundred of these pro- nancy, that would be most protective The PRESIDING OFFICER. Without cedures are performed after viability, of her health. I cannot tell you whether objection, it is so ordered. and they are performed in cases where it was or not. I am not a physician. The Senator from Massachusetts. the fetus cannot survive because of a There is only one physician in this Mr. KENNEDY. Mr. President, it is severe medical abnormality, or where body who might know. Yet, we are unfortunate that the Republican lead- there is a serious threat to the life or going to legislate, in a bill that is ership has chosen to force this debate the health of the woman. drafted to be so broad, that it can im- on the same confrontational and un- It was clearly reported during last pact much more than one procedure. constitutional legislation that Presi- year’s debate that the procedure was The amendment that the three of us dent Clinton vetoed last year, when also used before the stage of viability, present to this body today, we believe, reasonable and constitutional alter- and that the number of such cases was comports with Roe versus Wade. We be- natives are so obviously available. It is larger, probably amounting to several lieve it would not put in jeopardy every clear that the primary purpose of the thousand a year. But all of us were also

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4520 CONGRESSIONAL RECORD — SENATE May 15, 1997 aware that Congress cannot constitu- the woman’s particular circumstances can live outside the womb with or without tionally ban the procedure at that make this decision. The intervention of leg- life support, we want to be very careful stage. islative bodies into medical decisionmaking that there should be no abortion at all We know that some doctors begin to is inappropriate, ill-advised, and dangerous. unless the woman’s life is threatened, use the particular procedure that Perhaps if the Republican men in or her health is threatened, and in would be banned by the Republican bill Congress were the ones to get preg- those cases where a doctor so deter- at about 20 weeks of gestation, which is nant, they would show more compas- mines and the woman’s family so well before the time when a fetus has sion for the women who find them- agrees, that that woman will be able to the capacity for survival outside the selves in these tragic circumstances. terminate that pregnancy in a way womb. Most authorities place the time Take the case of Coreen Costello. that protects her life and her health. of viability at 24 to 26 weeks in a nor- After consulting numerous medical ex- What we are attempting to do in the mal pregnancy. According to the best perts and doing everything possible to course of this debate is to put a wom- available statistics, 99 percent of all save her child, Coreen had the proce- an’s face back on this issue because, abortions are performed before 20 dure that would be banned by this leg- when you listen to the other side, the weeks. Only about 1 percent of all abor- islation. Based on that experience, she woman is completely forgotten. As I tions are performed after that time, gave the following testimony to the said yesterday, the day we pass legisla- and two-thirds of those abortions are Senate Judiciary Committee last year: tion that harms more than half of our performed before the 23d week. I hope you can put aside your political dif- population is the day that I wonder This information is provided by the ferences, your positions on abortion, and what we are doing as a country. Alan Guttmacher Institute and used by your party affiliations and just try to re- I hope that the other side on this member us. We are the ones who know. We issue would join hands with us and get the National Center for Health Statis- are the families that ache to hold our babies, tics. It is the most accurate informa- to love them, to nurture them. We are the this passed. We know the President tion available. families who will forever have a hole in our would sign this bill. Then we can tell Even so, it is difficult to draw a hearts. We are the families that had to the American people together that the sharp dividing line on the viability of a choose how our babies would die * * * please only cases of late-term abortion in this particular pregnancy. A great deal de- put a stop to this terrible bill. Families like Nation that would be allowed is when pends on the prenatel care the woman mine are counting on you. the woman faces a life-threatening sit- is receiving. Low-birth weight babies I oppose this legislation. Instead, I uation, if the pregnancy continues, or reach viability at later stages of preg- stand with Coreen Costello and others one that is so serious that action must nancy. whose lives and health must be pro- be taken to terminate the pregnancy. A further problem is that viability is tected. The alternative proposed by Senator SANTORUM would outlaw a to some extent a statistical concept. Senator SNOWE and Senator DASCHLE particular procedure and not allow it At 21 weeks of a normal pregnancy, few provides that protection, and so does be used except in the most narrow cir- if any fetuses can survive. At 23 weeks the alternative proposed by Senator cumstance. about 25 percent survive. At 26 weeks FEINSTEIN, Senator BOXER and Senator I want to tell you what some doctors about 50 percent survive. MOSELEY-BRAUN. I intend to vote for have said about this procedure that A physician’s decision relies on best these alternatives, because they re- Senator SANTORUM would ban. medical judgment, but it is hardly pre- spect the Constitution, and above all The American College of Obstetri- cise for a particular case. The real they respect the right of women and cians and Gynecologists is an organiza- issue involves lives and the health of their doctors to make these difficult tion representing 37,000 physicians. As women. The so-called partial-birth and tragic decisions. I have said in the past, I know those of abortion bill would not stop a single The PRESIDING OFFICER. The Sen- us who come to the U.S. Senate are abortion. Instead, it would force ator from California. pretty strong people who believe in our women to use another, possibly more Mrs. FEINSTEIN. How much time is views, who believe in ourselves, but we dangerous procedure if they must ter- the Senator requesting? ought to leave our egos at the door minate their pregnancy to preserve Mrs. BOXER. I ask for 15 minutes. when it comes to protecting lives. their health. Mrs. FEINSTEIN. Mr. President, I When it comes to medical emer- Of course, the sponsors of this bill am happy to yield 15 minutes to the gencies, we do not have the capability continue to argue that there are no cir- Senator from California. of deciding what procedure ought to be cumstances in which a procedure The PRESIDING OFFICER. The Sen- used in a hospital room. If you were to banned by the bill is necessary to pre- ator from California. ask your constituents, I don’t care serve a woman’s health. And, even Mrs. BOXER. Mr. President, let me what party, or whether they are Inde- worse, some supporters don’t seem to say how proud I am to stand with my pendent, Republican, Democratic, or care. Mark Crutcher, president of Life colleague, my senior Senator from whatever party they are for, who would Dynamics, an antiabortion organiza- California, Senator FEINSTEIN, and the you rather have in the emergency room tion based in Denton TX, told the De- senior Senator from Illinois, Senator with you, Senator SANTORUM, Senator troit Free Press that the bill is ‘‘a CAROL MOSELEY-BRAUN, who has just BOXER, or the family doctor who is scam being perpetrated by people on arrived on the floor, to speak in favor trained, who understands the issue? I our side of the issue * * * for fund-rais- of the bill which really addresses an think they would say, ‘‘I don’t want ing purposes.’’ issue that the American people want any politicians in the hospital room It doesn’t seem to matter to the pro- addressed. It does so in a way that is with me. I want the best physician that ponents of this defective Republican constitutional. It does so in a way that I can find for my wife or for my daugh- bill that women like Maureen Britell, is respectful of women and their fami- ter or for my niece. And I want that Eileen Sullivan, Coreen Costello, Erica lies. doctor to have the full range of op- Fox, Vikki Stella, Tammy Watts, Viki When we approach this issue, we have tions,’’ knowing that there will never Wilson, and others will be forced to very strong feelings in the approach be an abortion in the late term unless risk serious health consequences if this that is taken, in a sensitive way. the life or health of the mother is at bill becomes law. It is harmful legislation. It will harm stake. Doctor after doctor has told us that women, will hurt women, will lead to That is a pretty moderate course, it this procedure may be necessary to women dying, will lead to women suf- seems to me, a pretty reasonable preserve a woman’s health. The Amer- fering infertility, suffering paralysis, course. And that is the course of the ican College of Obstetricians and Gyne- and all needlessly. Feinstein-Boxer-Moseley-Braun bill. cologists has said: So what we have done in this legisla- Let me repeat, under our bill, there tion, which I am very proud of, is to will be no late-term abortion, no post- An intact D&X may be the best or most ap- propriate procedure in a particular cir- basically codify Roe versus Wade. In viability abortion unless the doctor de- cumstance to save the life or preserve the other words, we support a woman’s termines that to protect the woman’s health of a woman, and only the doctor, in right to choose with the understanding life and health he or she must termi- consultation with the patient, based upon that after viability, when the fetus can nate the pregnancy.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4521 Senator FEINSTEIN talked about Viki to the patient. Congress must not take this tions are it will, that is just what we Wilson. I have her picture up here be- option away. are doing—the height of ego. ‘‘We know hind me with her loving family. And I So, yet—and I have many other let- better than a doctor. We know better think it is worth repeating the story. ters from physicians—that is exactly than a priest. We know better than a In her 36th week of the pregnancy, what this Congress is set to do. With rabbi. We are going to be in the hos- the nursery was ready, the family was the exception of 1 physician, who I pital room. We are going to say what anticipating the arrival of their new don’t believe is an OB-GYN, we have 99 medical procedures can’t be per- family member. Viki’s doctor ordered people in here who do not know a whit formed.’’ an ultrasound which detected some- about being an obstetrician or gyne- What is the next one? There are no thing that all of her prenatal testing cologist. They don’t have any training, pretty medical procedures, period. had failed to detect. As Senator FEIN- at least that I know of. What is the next one that we are going STEIN told you, two-thirds of her I find it the height of—I don’t even to stand up here and outlaw? daughter’s brain had formed outside know the right word to use—the I want you to meet Eileen Sullivan. the skull, and the doctors feared that ‘‘height of ego,’’ I guess, to think that Eileen Sullivan, with 10 brothers and Viki’s uterus would rupture in the we would know more than a physician, sisters, runs a nursery school in south- birthing process leaving Viki sterile. we would pass legislation that would ern California. And she is an Irish- After consulting with other physicians, take an option away from a physician. Catholic woman. with their clergy, with their God, in I can’t believe that we would be doing Eileen writes, ‘‘For as long as I can order to preserve Viki’s fertility, they this. remember, being in the company of made the painful choice to have this I can tell you, I just had a commu- children was when I was happiest. So procedure that would be outlawed nity meeting in California. Maybe I when my husband and I watched the under the Santorum bill. knew 2 people out of 700 people that home pregnancy test slowly show a Now you see Viki, who has protected came out to the community meeting. positive result, we were ecstatic. After her fertility, a decision made with her The floor was open. It was their meet- three years of trying to conceive a doctor and her God. This procedure ing. And not one of them stood up in baby, I didn’t believe it. So I kept would be outlawed by the Santorum that meeting and said, ‘‘Senator checking the test against the diagram bill. BOXER, you ought to go there and out- on the package. Sure enough, we had The 37,000 gynecologists and obstetri- law medical procedures.’’ done it. We were going to have a baby.’’ cians stated that this procedure that What they told me is go back there Eileen continues: would be outlawed under the Santorum and get that budget balanced, educate My long awaited pregnancy was easy and bill ‘‘may be the best or most appro- our children, and preserve our free- blissful. As I charted my baby’s growth week priate procedure in a particular cir- doms. by week, the bond grew stronger between us. Many nights I spoke to my baby, saying that cumstance to save the life or preserve So I have to say this is now the third I accepted it just as it was, boy or girl, with the health of a woman, and only the time we have taken up this debate. It dark eyes like mine or blue like my hus- doctor, in consultation with the pa- is the third time. It is painful. It is dif- band’s. I didn’t care—I was just so happy tient, based upon the woman’s par- ficult. The reason I find it so painful is that we would finally be parents. ticular circumstances, can make this because in the name of saving pain, At 26 weeks, Eileen went to her ob- decision. . .’’ this Congress is going to vote for a bill stetrician for a routine ultrasound. Today I received an additional letter that is going to cause families pain, After a few moments, her doctor got that I want to share with my col- and not just momentary pain, but long- quiet and began to focus intently on leagues from David Grimes, a physician lasting pain, because when a woman the monitor. The doctor confirmed in San Francisco, CA. He tells the loses her fertility it is long-lasting that there was a problem and sent Ei- story—that he had never used this pro- pain, or if a woman gets paralyzed it is leen and her husband to have tests im- cedure that Senator SANTORUM wants long-lasting pain. mediately. to outlaw. But he talks about it this I want to talk to you about a couple The Sullivans went to a genetic spe- way, and the time that he did use it re- of other women: cialist for another ultrasound. The doc- cently. Maureen Britell, a 30-year-old, Irish- tor concluded that among other things: He says: Catholic mother of two, who lives in the baby’s brain was improperly A woman in the Bay Area became seriously Massachusetts. On February 17, formed and being pressured by a back- ill with preeclampsia (which is toxemia of Maureen and her husband were await- up of fluid. His head was enlarged, his pregnancy) at 24 weeks’ gestation. She had a ing—this is in 1994—joyously awaiting heart was malformed, his liver was dangerous and extreme form of disease, the birth of their second child. On that malfunctioning, and there was a dan- called HELLP syndrome . . . she had liver date, when she was 5 months pregnant, gerously low amount of amniotic fluid. failure and abnormal blood-clotting ability. a sonogram determined that her daugh- The pregnancy had to be terminated to save According to Eileen, for 2 hours the her life. ter had no brain and could not live out- specialist detailed the baby’s anoma- During several days spent unsuccessfully side the womb. Her doctor rec- lies. Eileen writes, ‘‘My husband and I in attempts to induce labor, her medical con- ommended termination of the preg- held one another and tried to under- dition continued to deteriorate. Finally, in nancy. The next day a third-degree stand what was happening. This was a desperation, the attending physician called sonogram at the New England Medical nightmare. We spoke to a genetics me to assist . . . Center in Boston confirmed the diag- counselor and had a battery of addi- He said he accomplished the proce- nosis that the baby had no brain and tional tests including an amniocentesis dure in a manner of minutes with very was not viable. and a placenta biopsy.’’ little blood loss. Maureen and her family sought coun- She continues: ‘‘When the tests came She recovered quickly thereafter, and her sel from their parish priest, Father back, the prognosis was the same—the physician discharged her home in good con- Greg, who supported the decision to anomalies were incompatible with dition after a few weeks. terminate the pregnancy. Let me re- life.’’ He said: peat that. Maureen and her family ‘‘Not wanting to accept this,’’ she . . . I received a lovely thank you note from sought counsel from their parish writes, ‘‘we went to another spe- her husband. priest, Father Greg, who supported the cialist—a pediatric cardiologist. His You know, this isn’t only about decision to terminate the pregnancy. prognosis was no better. According to women. It is about their loving hus- They named their daughter Dahlia. She the cardiologist, our baby’s heart con- bands and their loving fathers. had a Catholic funeral, and was buried dition was lethal and he would not He ‘‘received a . . . note from her hus- at Otis Air Force Base in Cape Cod. live.’’ band thanking me for saving his wife’s So Senators are going to interfere She continues: ‘‘We wept. We dis- life.’’ with the decision made by a family, its cussed what we should do, what was And the doctor said: doctor, and their God. And by the pas- best and safest for myself and the baby. In this instance, an intact D&E was the sage of the Santorum legislation, if in After all the talking was over, we were fastest and safest option available to me and fact it is going to pass, which indica- faced with the hardest decision of our

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4522 CONGRESSIONAL RECORD — SENATE May 15, 1997 lives, and we opted to do what we Senator BOXER just described—same tions instead of taking care of families. thought was right. We opted to under- condition. Her mother had to go to four But that is what he does. He does abor- go a late-term abortion. Our long hospitals to find someone who would tions. awaited, much anticipated baby was not do what the people that Senator This is not taught in any medical not going to make it, and there was BOXER just talked about did, which is school. It is not in any peer review lit- nothing we could do to change that.’’ terminate the pregnancy, abort the erature. It is not done anywhere but Eileen continues: ‘‘What we could do child. She said no. She says, I’m going abortion places. It is not done in hos- is choose the best way to end our preg- to let my child live in the fullness of pitals that deal with high-risk preg- nancy and help improve our chances of what God has planned for her. I am not nancies. Ask the question. I will ask it. future pregnancy. I had had cervical going to end her life. I am not going to Can you find a place that deals with cancer.’’ make the decision to end her life, like high-risk pregnancies that has She goes into all the problems and all any other mother or father would not, perinatologists at their unit that does the reasons why she had to make this if they were faced with a sick child, partial-birth abortions? choice. She said, ‘‘We chose * * * a kill them. Why would you kill your The answer is no, zero. No hospitals safe, surgical procedure that protected child? Because your child is sick? Be- do this procedure. If this is a procedure my health, spared my baby needless cause your child might not live long? that was so important to be kept alive suffering and allowed us to hold our Why kill your child? and so important to be an option, then child and say our goodbyes. This is the Lori Watts and Donny Watts said, no, why don’t the experts, the people who procedure that would be banned by the we are not going to kill our child. We study high-risk pregnancies, perform legislation you are considering today.’’ are going to do what we can. We are this? If this was the best choice—and And she says, ‘‘Please leave these dif- going to treat her with dignity and re- the Senator from California suggested ficult medical decisions where they be- spect like any other member of our that in fact would be the only choice in long—between women, their families family. We are going to love her and do certain cases. Yesterday, she listed five and their doctors.’’ everything we can to support her. conditions in which this would be the So I think you have seen, Mr. Presi- So they delivered Donna Joy Watts. only choice. Now, if you are a dent, that the women who have under- The doctors would not treat her. They perinatologist, someone who deals in gone these surgeries wanted these chil- said she was going to die. They would late-term pregnancies, and you are not dren desperately. Their husbands want- not even feed her for 3 days. You want performing this—you are basically tell- ed these children desperately. They to talk about all these doctors who are ing the perinatologists that they are were religious, they are religious so concerned about saving lives. Then doing malpractice because they are not women. Many of them say they do not why are we debating physician-assisted doing this procedure. consider themselves pro-choice. But suicide if all these doctors are so con- Let me talk to you about one what we would do with the Santorum cerned about saving lives? People who perinatologist who wrote to me. This is legislation is to take away an option perform abortions are not principally Dr. Steve Calvin, assistant professor, that saved their fertility, saved their concerned about saving lives. They are Division of Maternal-Fetal Medicine, health, and perhaps even saved their worried about malpractice concerns, Department of Obstetrics and Gyne- lives. particularly if you have a difficult cology, University of Minnesota in Why on Earth would we do this? I be- pregnancy. They are worried about a Minneapolis: lieve the Feinstein-Boxer-Moseley- whole lot of other things. But I would As a specialist in Maternal-Fetal Medicine, Braun alternative is the sane way to suggest, unfortunately, there are too I practice with the busiest group of go, the appropriate way to go. It keeps many—if there is one, there is too perinatologists— these decisions where they belong, and many—doctors out there who—after That is obstetricians who work on yet it says the only time that an abor- she was born, doctors were referring to high-risk pregnancies and deal with tion in the late term will be allowed Donna Joy as a fetus laying there these fetal problems— would be when the woman’s life is in alive, breathing—a fetus. in the upper midwest. danger or her health is in danger. So I So do not tell me, do not tell me that The busiest group of perinatologists proudly stand with my colleagues, and all these caring, compassionate doctors in the upper Midwest. I urge my colleagues to be strong, to be would, of course, do everything to save I also teach obstetrics to medical students courageous. I listen to these ads. I read a child’s life. It is not true. God, I wish and residents. I know of no instances when these ads. They are misleading. They it were true. And, unfortunately, bad the killing of a partially born baby was nec- use hot button words, and I have to tell advice is given out by people who ei- essary to accomplish delivery in any of the ther do not know, have not taken the five medical situations listed by Senator you, if you look at this and you look at Feinstein. these women, this, my friends, is the time to understand what options are Senator Feinstein claims that partial- truth. These women stand and tell the available, what technology has been birth abortion is necessary to end a preg- truth. Let us stand with them. developed, or do not care or just are nancy in the following five situations: Fetal I thank you, I say to my friend and afraid to deal with the problem. hydrocephaly, fetal arthrogryposis, maternal colleague, and I yield the floor. Mr. and Mrs. Watts had to go to four cardiac problems (including congestive heart Mr. SANTORUM addressed the Chair. hospitals just to find a place to have failure), maternal kidney disease and severe The PRESIDING OFFICER. The Sen- her delivered. They would not deliver maternal hypertension. The first two conditions are significant ator from Pennsylvania. her. They would abort her. They would fetal problems. Hydrocephalus— Mr. SANTORUM. Mr. President, I do a partial-birth abortion. In fact, And that is exactly, by the way, what yield myself such time as I may use. they offered a partial-birth abortion, Donna Joy Watts had— Mr. President, there are so many but they would not deliver her. things I would like to say, but let me So do not bring your pictures up here is an increased amount of cerebrospinal fluid that can cause enlargement of the head and just start with one at a time, and that and claim that is the only choice. This arthrogryposis includes deformities of the is the pictures the Senator from Cali- is not a choice. These are little babies. fetal limbs and spine. Significant as these fornia put up here of women who have And they are asking us to help them abnormalities may be, they do not require been in situations where they were now. This is not Senator RICK the killing of a partially born fetus. Delivery faced with a fetal abnormality and SANTORUM, nonphysician, speaking. can be accomplished by other means that are were convinced, unfortunately, by Over 400 obstetricians and gyne- safer for the mother— some genetics counselors and others to cologists—and by the way, the person I repeat, ‘‘safer for the mother’’— have an abortion as their option. who designed this barbaric procedure and give the fetus at least a chance of sur- Let me show you a picture of some- that we are debating was not an obste- vival. one who wasn’t convinced by genetics trician. You hear so much about all And, I might add, apart from this, counselors that that was her only op- these experts. He was not an expert. He some dignity, some dignity to one of tion. That is Donna Joy Watts. I talked is a family practitioner who does abor- our children, one of our humankind, in about her yesterday. She had the same tions, and you can only question as to the case of the family, one of their condition as two of the women that why he spends all his time doing abor- family.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4523 The other three conditions are maternal tively—and the former Surgeon Gen- does. It has no restrictions. It is an ex- illnesses that may indeed require ending the eral of the United States, C. Everett ception that is not an exception. pregnancy. But, as with the fetal problems, Koop—never necessary, never nec- It is an exception that says that, there is no reason that the treatment must essary. while we cannot have postviability include suctioning out the brain of a par- abortions except for the health of the tially born baby. Now, we also have to talk about all One of my biggest concerns is that the op- these cases that we are concerned mother— let me tell you what Dr. War- ponents of this ban are claiming that this de- about the mother’s health. We make ren Hern, who wrote the definitive structive procedure is the only method of the assumption that abortion is an op- textbook on abortion, called ‘‘Abortion ending a pregnancy. Abortion supporters tion to preserve the mother’s health or Practice,’’ said. Here it is: ‘‘Abortion have previously acknowledged that surgical life. I heard that over and over again. Practice,’’ Warren M. Hern, from Colo- mid-trimester and late- term abortions are It has to be out there in late tri- rado. My understanding is this is sort more dangerous to a woman’s health than in- of the definitive textbook on teaching duction of labor. mesters, after 20 weeks. Let me share a couple of statistics that shed some abortions. He does second- and third- Let me read this again. light on this. trimester abortions and is very out- Abortion supporters have previously ac- This was referred to by Dr. Calvin. I spoken on this subject. He does not use knowledged that surgical mid-trimester and want to back it up by the statistics. partial-birth abortion, I might add; late-term abortions are more dangerous to a does not see it as a recognized proce- woman’s health than induction of labor. This is from the Alan Guttmacher In- Their concern for women’s health and safety stitute. Who are they? They signed let- dure. But this is what an abortionist apparently ends when there is any threat to ters with NARAL and Planned Parent- who does late-term abortions—in fact, unrestricted abortion. hood and all these other abortion has people come from all over the Signed Steve Calvin, MD. groups, in support of this procedure, in world to have abortions done by him— And I will put up this quote from 400 support of every liberalization you can this is what he said about, not the doctors, over 400 doctors, including the possibly imagine. They are a pro- Boxer-Feinstein amendment but the former Surgeon General, C. Everett choice, some would even suggest pro- Daschle amendment, which we are Koop. I suggest these over 400 doctors, abortion group. Here is what they say. going to debate next: many of them members of ACOG, The risk of death associated with abortion I will certify that any pregnancy is a which is American College of Obstetri- increases with the length of pregnancy, from threat to a woman’s life and could cause cians and Gynecologists, also are con- 1 death in every 600,000 abortions at 8 or grievous injury to her physical health. cerned about maternal health. Many of fewer weeks to 1 per 17,000 at 16–20 weeks, In other words, abortion on demand, these are perinatologists, people who and [after 20 weeks, when partial-birth abor- anytime during pregnancy. And he be- specialize in high-risk pregnancies. I tions are performed, they are considered lieves this. Some would say you are re- late-term abortions after 20 weeks] 1 per lying on the doctor’s bad faith—no. He would think they would be concerned 6,000 at 21 or more weeks. about maternal health. Many of these believes this. And he has a right to be- doctors are pro-choice and they said It is 100 times more likely that a lieve it. If you look at the statistics, I the following clearly. mother will die than if the abortion mean, you know, unfortunately some were performed in the first 8 weeks. It While it may become necessary, in the sec- women do die as a result of pregnancy ond or third trimester, to end a pregnancy in is 100 times more likely. and, therefore, he could say legiti- order to protect the mother’s life or health, This is what these people are advo- mately there is a risk. Any pregnancy abortion is never required. cating, performing abortions. Let me is a risk. It may be a small risk, but it Now, they did not say it should be an throw one statistic on top of that. I is a risk. And all these bills require, option. They said never. These are ex- will show it. I will read it. ‘‘It should that we are going to hear today, is just perts. Senator BOXER says, well, RICK be noted that at 21 weeks and after, a risk. Not a big risk, a risk. SANTORUM should not be in the oper- abortion is twice as risky for women as So what we have are limitations ating room. I would not want to be in childbirth: The risk of maternal death without limits. What we have is a the operating room. I would pass out if is 1 in 6,000 for abortion and 1 in 13,000 farce, to try to fool all of you, to try to I was in the operating room. The fact for childbirth.’’ fool the press. It has done a very good of the matter is I am not going to be in So, aborting a child through partial- job fooling the press. We have wonder- the operating room. These folks are. birth abortion, late in term, is statis- ful headlines about how we are trying This is what they say. ‘‘Never,’’ not tically more dangerous to the life of to step forward and do something dra- sometimes, ‘‘never required.’’ the woman than inducing labor. In matic on limiting late-term abortions. It is never medically necessary, in order to other words, not only is it preferential Phooey, we have a step forward into preserve a woman’s life, health or future fer- for our society not to kill children who the realm of political chicanery, of tility, to deliberately kill an unborn child in should be given a chance at birth, late, sham, of obfuscation, illusion, that the second or third trimester, and cer- when there may be a chance of viabil- does nothing but protect the politician tainly— ity or just when they should have at at the risk of the baby. That is what is Underline certainly— least some dignity attached to their going on here. That is what is going on not by mostly delivering the child before life, but it is more dangerous to abort all day. You are going to hear a lot of putting him or her to death. than it is to induce labor or to have a it. You are going to hear, ‘‘Oh, we need This last line is very important. cesarean section. It is more dangerous. to do this, we need to protect this.’’ What is required in the circumstances The folks who say they are pro- Here are the facts as pointed out by specified by Senator Daschle [Senator Boxer, tecting a woman’s health and life are their side. I am using their facts. The Senator Feinstein] is separation of the child arguing for procedures that do the Alan Guttmacher Institute—their from the mother, not the death of the child. exact opposite. Facts: I know we do not numbers. In other words, there may be cases like to talk about facts when it comes Even when we debate with their in- where you must separate the child to abortion. We like to put up pictures formation they cannot refute it. The from the mother, you must deliver the of nice families and warm little babies, fact of the matter is, there is no reason baby, either by induction and delivery, that somehow or another, this family to do a partial-birth abortion and there vaginally or by cesarean section, but in is better off because of an abortion. is every reason in the world to stop it. no case, according to a doctor—and I The fact is by having an abortion she It is a dehumanizing procedure. You ask if you can produce one was twice as likely to die and not be in wonder why we have a society that just perinatologist who would say that it is that picture. That is the fact. We do is becoming adrift, that does not know necessary, absolutely necessary, to kill not want to talk about that. We want right from wrong, that does not have the child in order to protect the life to make sure the right of abortion is any sense of justice, that does not and the health of the mother, because paramount among all rights. Because have—we do not have any compassion I have hundreds who say it is not, hun- that is what this amendment does— for each other? I will give you a good dreds from the finest universities and nothing. It lets there be abortion on example why that happens. Because on the finest medical schools all over this demand, anytime, anywhere, on any- the floor of the U.S. Senate we are de- country who say absolutely, defini- body. That is what this amendment bating a procedure where we can kill a

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4524 CONGRESSIONAL RECORD — SENATE May 15, 1997 little innocent baby that is completely Mr. INHOFE. Mr. President, let me it anyway. But I suggest to you that delivered from the mother except for just make a couple of comments. the President may not veto it, and if he the head. It is moving outside of the The PRESIDING OFFICER. Who does veto it, maybe some people will mother, a little baby who has done yields time? come over who were not here a year nothing wrong to anybody, and we are Mr. SANTORUM. I yield 10 minutes ago on this side of the aisle. saying, ‘‘You don’t deserve to live.’’ to the Senator. Ron Fitzsimmons who just last year Give people like Donna Joy Watts a The PRESIDING OFFICER. The Sen- insisted that the number of partial fighting chance. It will ennoble us all. ator from Pennsylvania has the time. birth abortions were a relative handful We can look to Donna Joy and her fam- Does the Senator from Pennsylvania now admits ‘‘I lied through my teeth.’’ ily and say there are parents who yield time to the Senator from Okla- He was lying. So if the President is showed the best, who showed the best homa? predicating his decision to veto this in our hearts, who showed the willing- Mr. SANTORUM. I yield 10 minutes ban on the basis of what was told to ness to fight for life, for things that are to the Senator from Oklahoma. him by Ron Fitzsimmons, there is at the core of who we are as humanity. Mr. INHOFE. I thank the Senator every reason he could turn around on Let that spirit come back into Amer- from Pennsylvania for yielding time. I the issue. I suggest also that we are ican culture. Stop this culture of death think he made one of the best presen- talking now not just about a proce- and self-centeredness and focus in on tations I have heard on the floor of this dure, but a culture. life and dignity. What about poking body. I want to say that, when he deals I have a very good friend by the name scissors in the base of a little baby’s with the facts, he is dealing with the of Charles W. Colson who gave these re- skull and suctioning its brains out is facts but, you know, we are also deal- marks upon winning the prestigious dignifying the human being? You ing today with perceptions. I tried to Templeton Prize for contribution to re- would not do that to a dog or an old cat make a list of those things I have ligion. Listen very carefully. He puts it that you wanted to put to sleep. You heard over and over. There is a lot of all together, not isolating one proce- would not do it to a criminal who has redundancy on this floor but there are dure or one issue: killed 30 or 40 people. And you do it to some things that have not been stated. Courts strike down even perfunctory pray- a little baby who has done nothing I would like to share a couple of those ers, and we are surprised that schools, bris- wrong and just wants a chance, for with you. tling with barbed wire, look more like pris- however long it may be—and it may I am going to do something that is a ons than prisons do. Universities reject the very idea of truth, and we are shocked when not be long—but, for however long, the little unusual, because I am going to dignity of life. their best and brightest loot and betray. Ce- read some Scriptures to you. It is not lebrities mock the traditional family, even The Senator from California talks totally unprecedented in this body. In about the long-lasting pain to the fam- revile it as a form of slavery, and we are ap- fact, the distinguished senior Senator palled at the tragedy of broken homes and ily that we would be imposing on them. from West Virginia does it quite often. millions of unwed mothers. The media cele- What is so painful about looking at So I would like to read a couple of brate sex without responsibility, and we are yourself in the mirror and saying: ‘‘I Scriptures, just for those who care. horrified by plagues. Our lawmakers justify have done everything I can to help my Anyone who does not, don’t listen. the taking of innocent lives in sterile clinics, little girl or my little boy have a and we are terrorized by the disregard for First of all, I have used this a num- chance at life. I gave them every life in blood-soaked streets. ber of times, Jeremiah 1:35 says, ‘‘Be- chance. I loved them as much as I pos- fore I formed you in the womb I knew I think that kind of puts it into a sibly could in the time that God gave you; Before you were born I sanctified context, which we are now approach- us.’’ What is so painful about that? ing, that this is not just a normal type I will tell you pain. Facing, every you.’’ Or the 139th Psalm, no matter which of an abortion. day, that you killed your son or daugh- I have a great deal of respect for one interpretation you use, it makes it ter for no reason, that is a pain I would of the most intellectual Members of very clear when life begins. not want to live with. this body. It is Senator PATRICK MOY- Then, I was, not too long ago, at the Mrs. BOXER. Will the Senator yield NIHAN from New York, who is a self- U.S. Holocaust Memorial Museum. I to me for a question? proclaimed pro-choice Senator. He had been to the museum in Jerusalem, Mr. SANTORUM. Not yet. said: Mrs. BOXER. Let me know. I will be and I found the same thing was printed happy to wait until you are ready. on the last brick as you are going And now we have testimony that it is not just too close to infanticide, it is infanticide, Thank you. through. This is Deuteronomy 30, verse and one would be too many. Mr. SANTORUM. There are great 19. It said: ‘‘I call heaven and earth as pains out there when you are dealing witnesses today against you, that I This is where we get into the num- with a child that is not going to live. It have set before you life and death, bers game. I heard it said on this floor hurts. And it is troubling. But you will blessing and cursing; therefore choose many times that we are talking about find, not only from my experience but life, that both you and your descend- maybe 1 percent or maybe talking from the experience of doctors who ants may live.’’ about those that are in the ninth deal with this all the time, that treat- And, last, I am always concerned month may be an infinitesimal num- ing your son or daughter with dignity, that something that is as dramatic and ber. But, in fact, one is too many. It loving them as much as you can for as is as significant as this issue is going was said on the floor that we may be long as you can—does not make the to go unnoticed; that maybe there are only talking about 200 lives being pain go away. It never goes away. Senators out there who are not really taken during the normal delivery proc- When you lose a child it never, ever into this issue and they might want to ess. That is when a baby is given a nat- goes away. But it helps you live with vote the party line, or they might want ural birth and, yet, they take the life it. to say, well, maybe there aren’t as by using this barbaric procedure. We What we are doing today is, hope- many of these procedures out there, so have all kinds of documentation that it fully, banning a procedure and explain- they just really are not knowledgeable is being done in the ninth month and ing to all of those unfortunate people of the subject. So, I will read Proverbs during the normal birth process. They who may be dealing today, right now, 24, 11 and 12: say only 200. with this situation, that there is a bet- Rescue those who are unjustly sentenced Mr. President, I am from Oklahoma, ter way for everyone. Let us do the bet- to death. Don’t stand back and let them die. and we lost 168 lives in the Murrah ter way. Let us do the right thing. Let Don’t try to disclaim responsibility by say- Federal Office Building bombing. This us do the just thing for everyone. ing you didn’t know about it, for God knows. was the largest domestic terrorist at- Mr. President, I yield the floor. Who knows all hearts knows yours, and He tack in American history. Did anybody Several Senators addressed the knew that you know. say that is only 168 lives that were lost Chair. Mr. President, I was listening to the in Oklahoma City? No, the entire Na- The PRESIDING OFFICER (Mr. ROB- Senator from Massachusetts who said tion came with compassion and ERTS). The Senator from Oklahoma is it does not do any good if we pass this mourned with us. One life, I agree with recognized. because the President is going to veto Senator MOYNIHAN, is too many.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4525 One other issue that has not been dis- effort taking place to bring this bill to So I will say again how much I appre- cussed in this debate this year is that the floor. Most importantly, I applaud ciate the work of the Senator from of pain, and rather than go into it, I do the efforts of my good friend, Senator Pennsylvania, Senator SANTORUM, how not think anyone refutes the fact that SANTORUM from Pennsylvania, who has much I respect his commitment, love a small baby, if that baby is certainly effectively and courageously articu- and capacity for all humankind. I past the second trimester, feels pain lated many of the reasons that this think it is an important question for every bit as much as anybody who is in procedure should not be accepted in this country because it sets a standard here, as any Member of the U.S. Senate America today. about who we are, what we will accept would feel pain. There was a study con- People in this country are concerned in our community, what kind of laws ducted in London, and I have the re- about our Nation. They are concerned we ought to have, and based on that, I sults here, but I think everyone under- about its moral values; they are con- support this bill, and I urge my col- stands that this is something that is cerned about its goodness. What do we leagues to do so. very real, that these babies do feel value, what do we cherish, what do we I yield the floor. pain. respect and how do we live? Mr. Presi- The PRESIDING OFFICER. Who I have a picture of a good friend of dent, I think it is time for all of us to seeks time? mine with me. His name is Jason— think about that. Mrs. FEINSTEIN. Mr. President, I James Edward Rapert. Back when peo- I am a lawyer. I served for quite a yield 10 minutes to the distinguished ple our age were having babies, they number of years as a Federal U.S. at- Senator from Illinois. would not even let you in the hospital, torney charged with enforcing laws, The PRESIDING OFFICER. The Sen- let alone the delivery room. When my and I have been thinking about this ator from Illinois is recognized. daughter, Molly, called up and said, both as a lawyer, and as a person who Ms. MOSELEY-BRAUN. Thank you ‘‘Daddy, the time is here, could you wants to decide what kind of laws we very much, Mr. President. come over,’’ and I went over to the hos- ought to have. I do believe that laws do There really is no more important pital, she said, ‘‘Would you like to affect and reflect the character and the value than life. The only question that come into the delivery room?″ values that the people of this Nation is raised today with this debate is, ‘‘Wow, yes, I would.’’ hold dear. whose life? So I saw for the first time what many I say to you, Mr. President, that we This debate is about women’s health, of you in this room have seen, and need clarity in our law. No matter how women’s rights, women’s choices, and many of the women have experienced we debate or what we feel about the their stories, but, most importantly, personally, but I was there when this overall question of abortion, this pro- this debate is about women’s lives. little guy was born. It is hard to de- cedure, in which a child is partially re- This is not a place for the kind of scribe to some of the men here who moved from the womb of the mother, is screaming, fiery rhetoric we have have not been through that experience partially born, to then have its life heard here. If anything, we need to lis- of seeing this wonderful life begin, and exterminated, is a standard that we ten to each other, we need to hear the I can remember when, in that room ought not to allow. We should not voices of people, of women who have where the delivery took place, it oc- allow children who are partially born been faced with the choices and the curred to me that when Baby Jase, my to be murdered. I think that is an area issues, who have been faced with trou- grandson, was born, that that is at a in which it is appropriate for the law to bled pregnancies and understand that moment when they could have used have a clear distinction. somewhere in this very controversial this procedure inflicting all of the pain Some have said the President will area, there is guidance for us and there you have heard described so many not sign this bill, that he will veto it are answers for us. times: Going into the cranium with the again. But I remember what the Presi- This debate is about whether or not scissors, opening up the scissors, suck dent said his reasons for the last veto women are going to have the ability to the brains out, the skull collapses. were. He said these procedures were make decisions regarding their own re- Awful. And there are individuals who rare, and that they were performed productive health, whether women will want to keep a procedure like this only to preserve the life or the health have and be able to exercise their con- legal. If you did that to a dog, they of the mother or to preserve the repro- stitutional rights to privacy, whether would picket in front of your office. ductive right of the mother because of women will be able to make decisions Somehow we have developed a culture the most severe abnormalities in the regarding their own pregnancies, and that puts a greater value on the lives infant. Those are the reasons he gave; this debate, in the final analysis, is of critters than human life. those are the reasons American citi- about whether women are going to be So I watched Baby Jase being born, zens were told from this very floor by heard. and I suggest to those of you who are many of the people who are arguing Women’s health is at stake with this concerned about choice that this is today in support of this procedure. legislation. We cannot afford to have really the choice. It is either that That is what they were told. women suffer irrevocable and irrep- choice or this choice. Those are the Mr. Ron Fitzsimmons, the executive arable harm due to pregnancy where choices we are faced with today. director of the National Coalition of we have the medical ability to prevent Mr. President, this is something on Abortion Providers—that means the that harm and save the woman’s life. which I agree with the Senator from national group of abortionists—admit- We should not dictate that an unborn Pennsylvania. We should not be having ted publicly that he had lied through fetus is more precious to us than the to talk about it. To think 100 years his teeth, that the false information he life or the health of its mother. from now they may look back and talk had displayed made him sick to his In 1900, some 600 women died in child- about that barbaric society that killed stomach. birth in the United States for every their own young, and here we are just So I will just say to you, Mr. Presi- 100,000 live births. Death in childbirth trying to save a few lives from a very dent, that I do not believe President was a regular tragic occurrence. But by painful death. But nonetheless, that is Clinton has made up his mind on this 1970, 21.5 women died in childbirth for the issue we are faced with today. I matter. The reasons he gave when he every 100,000 live births. Today, that yield the floor. struck down this bill last time are not number has dropped to less than 10. The PRESIDING OFFICER. Who present today. I believe that with the Women are surviving in childbirth be- seeks time? election behind him he has an oppor- cause of advances in medicine. Mr. SANTORUM addressed the Chair. tunity now to abide by his conscience These figures show us that the ma- The PRESIDING OFFICER. The Sen- and to abide by the facts which have ternal death rate has dropped by some ator from Pennsylvania is recognized. been proven repeatedly to be true, and two-thirds since the Supreme Court af- Mr. SANTORUM. I yield 5 minutes to I believe that when this bill is passed, firmed the right of a woman to obtain the Senator from Alabama. it will be signed by the President. I cer- a safe and legal abortion. This is an im- Mr. SESSIONS. Mr. President, I rise tainly hope so. I think he certainly portant reduction in maternal mor- to speak in support of the partial-birth needs that opportunity, because the tality and one which I know we are all abortion ban. I applaud the bipartisan circumstances have greatly changed. thankful for. But it seems to matter

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4526 CONGRESSIONAL RECORD — SENATE May 15, 1997 less to some in this debate that some or even greater status than their moth- cians should have no role to play in women may well die if the right to er, as I believe this legislation does. making so basic a decision. make choices about their own health is Legal conclusions may be reached that I recognize that the American people taken away from them. Abortion reduce women to second-class citizen- are deeply divided on this issue. People should be safe, it should be legal, and it ship. of goodwill will hold greatly differing should be rare. And so the legislation reduces the opinions on the issues we are debating Mr. President, it seems to me that status of all women as citizens, but today. And I respect those differences legislation that we are debating right even more tragically, it could very well as well. now to ban certain specific abortion result in a death sentence for some I have joined my colleagues, Senators procedures would turn back the ad- women by forcing a choice between the FEINSTEIN and BOXER in introducing a vances that have been made in medical life of the mother and the life of the substitute amendment banning science and have been made with re- fetus, particularly in cases of poor postviability abortions except in the gard to maternal health and maternal women or rural women who do not cases where the life or the health of the death rates, and it would dictate to have easy access to the top-quality mother is threatened. I ask the Sen- doctors what procedures they can and health care, the health care that could ator from California to yield me as cannot use to protect the life and save the life of someone if they were much time as I need. I need a few more health of their patients. fortunate enough to be able to access minutes. One of the Senators who spoke on the it. Mrs. FEINSTEIN. I would be happy floor today talked about protecting So we are essentially debating to. politicians versus protecting babies. whether or not we are going to sen- Mr. President, I yield as much time Well, the point is that the politicians tence some women who have difficult as the Senator from Illinois will con- should have nothing to do with this. pregnancies to a death sentence with sume. This is a question for the mother, the this legislation. The PRESIDING OFFICER. The Sen- child, the family, and their God. The Supreme Court had ruled in Roe, ator from Illinois is recognized. Mr. President, in this legislation States cannot restrict a woman’s ac- Ms. MOSELEY-BRAUN. Thank you, there is no exception, none, to protect cess to abortion in the first or second Mr. President. I want to talk about the substitute the health of the mother. And so this trimesters. The Court has said that the amendment, the Feinstein-Boxer- legislation, H.R. 1122, the underlying interests of the potential citizen, that Moseley-Braun substitute, because it is bill, lays aside altogether the advances is not yet a citizen, that is not yet via- really very straightforward. in medical science. The training of doc- ble, cannot be placed in front of the tors is disregarded altogether. Women’s rights of a woman who is currently a It shall be unlawful, in or affecting inter- state or foreign commerce, for a physician health is ignored. And so essentially it full citizen. knowingly to perform an abortion after the would send us back to the status of the In addition, the Court has ruled that fetus has become viable. law that existed before Roe versus while the States may have a compel- Why is this opposed? Wade was decided by the U.S. Supreme ling interest to legislate restrictions It is opposed because the second sec- Court and when we had such a preva- on postviability abortions, there must tion says that: lence of maternal deaths. be an exemption for the life and health * * * if, in the medical judgment of the at- Some have argued that the procedure of the mother. That basic exemption tending physician, the abortion is necessary being banned in this legislation is for life and health is missing from the to preserve the life of the woman or to avert being banned because it is medically underlying legislation that we are de- serious adverse health consequences to the dangerous. Well, Mr. President, if it is bating today. And so I submit that the woman [this absolute ban does not apply]. dangerous then doctors should make legislation fails to protect fundamental So what this says is that women’s that determination, not Senators. That rights of female citizens. lives, women’s health, women’s choices is their job; it is not ours. Mr. President, women’s choices are are respected by the substitute amend- Some have argued the procedure is at stake in this legislation. Choosing ment, but not by the underlying legis- unnecessary. And yet the legislation to terminate a pregnancy is the most lation. I believe that this substitute contains a narrow life exception to the personal and private and fundamental amendment is clearly constitutional, ban. If that exception is needed, that is decision that a woman can make about that it is far-reaching, that it does not because in some circumstances the pro- her own health—about her own health direct a doctor to choose one medical cedure that is involved here is needed. and her own life. procedure over another, that it pro- Physicians have said this and have Choice is, when boiled down to its es- tects future citizens but it also insures, written to us about this. And so you sentials, a matter of freedom. It is a Mr. President, that under no cir- really have to take a chance that you fundamental issue of the relationship cumstances will women be prevented might not force a woman to die be- of a female citizen, a woman citizen to from accessing the best medical care cause of the decisionmaking that will her Government. Choice is a barometer possible to save their lives or to pre- be made in this Chamber. But again, of equality and a measure of fairness. vent serious adverse health con- this is essentially a medical decision, And it is, I believe, central to our lib- sequences, such as the loss of their fer- what procedure to use in the case of a erty. tility. troubled pregnancy. I do not personally favor abortion as When I started, I mentioned that Mr. President, women’s rights also a method of birth control. My own reli- women’s stories are being ignored in are at stake. And this is a very impor- gious beliefs hold life dear. And I would this debate with this legislation. And I tant point. Women’s rights as equal prefer that every potential child have a cannot recount the story of Vikki Stel- citizens under the law are at stake in chance to be born. But whether or not la, Vikki Stella from Naperville, IL, this debate. Women fought for genera- that child will be born must be a moth- without being reminded just how im- tions for full protections under the law er’s personal decision, a woman’s per- portant this fight is for families every- in our Constitution. And this legisla- sonal decision. where. tion rolls back the clock. I would point I fully support the choice of those Our provision, the provision intro- out, women were not even citizens in women who carry their pregnancies to duced by Senator FEINSTEIN, would this country until 75 years ago. We just term no matter what the cir- protect women like Vikki Stella from then got the right to vote in this coun- cumstances. But I also respect the Naperville, IL. There can be no greater try. choice of those women who, under dif- argument against the underlying bill, This legislation unfortunately, in my ficult circumstances where their life H.R. 1122, than this story, in my opin- opinion, assumes that female citizens and health may be endangered, choose ion. do not have rights which the unborn not to go forward with that pregnancy. Vikki Stella and her husband were are bound to have. The debate that we I also believe, Mr. President, this is a expecting their third child, Anthony. are now engaged in has turned the no- choice that can only be made by a At 20 weeks, she went for a sonogram tion of entitlement of citizenship right woman in consultation with her doc- and was told that she and her child on its head by giving the unborn equal tor, her family, and her God. Politi- were healthy.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4527 At 32 weeks, that is to say in the last mean no disrespect—cannot know how In Illinois, the Legislature sent to Gov. Jim trimester of her pregnancy, 8 months it feels to be pregnant, cannot know Edgar on Tuesday a bill banning the proce- pregnant, Vikki took her two daugh- how it feels to carry a troubled preg- dure. Without a health exception, any ban on abortion in the third trimester would not ters with her to watch their brother on nancy, cannot know how central to pass constitutional muster. the sonogram. one’s life reproductive health is. So Third-trimester abortions are relatively But the technician that was admin- what we are talking about is legisla- uncommon. About 600 abortions, or 0.04 per- istering the sonogram was quiet and tion based on second-hand intelligence cent of 1.5 million annual abortions, are did not really respond, and asked Vikki and hypothetical experience. preformed after fetal viability. No one knows if she would come upstairs to talk to One of the reasons this debate sounds how many are performed by intact dilation the doctor. Vikki thought perhaps that so awkward with descriptions of the fe- and extraction, or D&E, the medical name for the targeted procedure. Contrary to anti- the baby might be breach. As a diabetic male reproductive organs and ‘‘car- abortion rhetoric, there’s no epidemic of in- she knew that any complications in her rying to term’’ is that it is being fanticide, with full-term fetuses being abort- pregnancy could be very serious. talked about by people who cannot, as ed so girls can fit into their prom dresses. Well, the doctor was too busy to see a matter of personal experience, know While anti-abortion rhetoric focuses on in- her that day but called at 7 o’clock the what is involved, have never them- fanticide, the issue is really second-tri- next morning, called to say that the selves had a pregnancy, have never mester abortions, before the fetus can sur- leg bones, the femurs on the fetus, themselves had to go to an obstetrician vive on its own. That’s when most intact seemed a little short, but would she D&E abortions are performed. The ‘‘partial- and be examined and told your health birth’’ ban makes no distinction between vi- come back in. He assured her there was is going to be affected one way or the ability and non-viability; it prohibits the a 99-percent chance that nothing was other. procedure itself. Their bill also imposes wrong, but she should still come in for And can you imagine how Vikki Stel- criminal penalties on doctors who perform a level 2 ultrasound. la felt at 8 months? I know what being the procedure. Well, Mr. President, after that second 8 months pregnant is like. How many The issue of second-trimester abortions is ultrasound Vikki and her husband and other Members of the Senate know how where the trickiest constitutional issues are her family were told that the child she raised. The Supreme Court will have to de- it feels to be 8 months in that condi- termine whether outlawing a medical proce- was carrying had no brain. It was an tion, and then to find out that the baby dure presents an undue burden for a woman abnormality incompatible with life. that you are carrying has no brain? seeking an abortion. The answer is not clear And Vikki then had to make the hard- And then to be told you cannot choose because a ban on ‘‘partial-birth’’ abortions est decision that she says she had ever what kind of decisions to make about would not necessarily eliminate any abor- made. I want to use her words. She your health. Your doctor has nothing tions. Other methods could still be used, al- said, ‘‘I had to remove my son from life to say about the procedures to save though they might be more dangerous to the support—that was me.’’ your life because of legislation that the mother. Now, Vikki’s decision would be ille- In the U.S. Senate, set to debate the issue U.S. Senate took up. this week, abortion foes have the votes to gal under the underlying bill, H.R. 1122, Mr. President, there is an editorial in pass the bill, but they apparently lack the that we are debating right now. Vikki’s the St. Louis Post Dispatch. And I just votes to override a promised presidential doctor could have gone to jail under want to read the middle part here: veto. Legislators who want to express their the Senator’s legislation. And Vikki’s Certainly, most people are repelled by the concern, without risking a veto, do have op- family would have suffered a tragedy, idea of a third-trimester abortion and right- tions. Pro-choice senators have their own perhaps in the loss of her life or the ly so. But they should also realize that most bills, which essentially seek to codify Roe vs. loss of her ability to have other chil- women who have late-term abortions never Wade. They ban all abortions involving via- dren. All of those implications would wanted to end their pregnancies; they ex- ble fetuses, but they include an exception for both the life and health of the mother. Presi- have been a tragedy for this family pected to have their babies but something drastic or unpredictable happened. dent Bill Clinton indicates he may accept from my State of Illinois. these alternatives. As it turns out, the story had a bet- Mr. President, I ask unanimous con- The bill proposed by Senate Minority ter ending because the procedure was sent that that article be printed in the Leader Tom Daschle of South Dakota would performed. Vikki’s fertility was main- RECORD. tighten the health exception to ‘‘grievous in- tained. She did not die, and she is now There being no objection, the article jury’’ to physical health. He defines ‘‘griev- the proud parent of, in her own words, was ordered to be printed in the ous injury’’ as a ‘‘severely debilitating dis- ‘‘a beautiful baby boy named Nicholas RECORD, as follows: ease or impairment specifically caused by the pregnancy or an inability to provide nec- [From the St. Louis Post, May 14, 1997] Archer.’’ essary treatment for a life-threatening con- Nicholas Archer was able to be born REASONABLE COMPROMISE ON ABORTION dition. Grievous injury does not include any because H.R. 1122 was not law, Mr. The battle against ‘‘partial-birth’’ abortion condition that is not medically President, because Vikki was able to has always been political, to chip away at diagnosable.’’ obtain the procedure that would be abortion rights. The intent of this anti-abor- Sen. Carol Moseley-Braun of Illinois and banned by this bill. She was able to tion strategy is to ban one abortion proce- California Sens. Barbara Boxer and Dianne consider the possible options with her dure after the next—with the ultimate goal Feinstein, all Democrats, have a version with a looser, more Roe-friendly health ex- doctor, her family, and her God in pri- of banning them entirely. Organized opponents don’t differentiate ception—to prevent adverse health con- vate without the interference of politi- among one type or another. In their view, sequences. Senators who want to codify sup- cians. She was able to make a choice ‘‘partial-birth’’ abortions are as egregious as port for the availability of abortion in the that was best for her and best for her abortions induced by RU–486, the drug that first and second trimesters and for the third- family. And she was able to give birth can only be used in the earliest weeks of trimester restrictions set by Roe should sup- to Nicholas Archer. pregnancy, and birth control pills used as port these bills. Vikki’s story, Mr. President, is why ‘‘morning after’’ pills to prevent implanta- Ms. MOSELEY-BRAUN. Well, we are we must not support the underlying tion. The issue is not the method but abor- about to say—predictable, unpredict- bill here. tion itself. able, drastic circumstances, viability I am going to make another point Certainly, most people are repelled by the idea of a third-trimester abortion and right- notwithstanding—no woman has that that I have made before, and it is a dif- ly so. But they should also realize that most choice about her own body, about her ficult one. And I mean no disrespect by women who have late-term abortions never own life, about her own baby, about her it, but I think it is particularly impor- wanted to end their pregnancies; they ex- own family. That is what the under- tant for Senators to listen to, not just pected to have their babies but something lying legislation would do. hear but to listen to Vikki’s story, be- drastic or unpredictable happened. Mr. President, I urge my colleagues cause, frankly, over 90 percent of the Roe vs. Wade embodies this concern by per- to oppose the underlying legislation. Members of this U.S. Senate are about mitting states to outlaw third-trimester We must protect the health, the rights, abortions except when the life or health of the reproductive choice of women. If to legislate on something that they the mother is at stake. Forty-one states, in- could never experience. cluding Missouri and Illinois, already have we would just listen to the tragic sto- Now, that is not to say that men do such laws in place. That’s one reason Gov. ries of the women who have fought to not have an interest in this. They do. Mel Carnahan says that Missouri doesn’t recover from the loss of a child, to keep But they cannot know—and again I need a new law on ‘‘partial-birth’’ abortion. their families together, and to tell us

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4528 CONGRESSIONAL RECORD — SENATE May 15, 1997 their stories, we can make a better de- between somebody’s legs to deliver a The Senator from Pennsylvania has cision here. And I hope that the rhet- baby. Start with that. the time and is now recognized. oric will tone down. The second point is, it is impos- Mr. SANTORUM. Mr. President, I I hope that the rhetoric will tone sible—— have shown this picture. This is a real Mr. SANTORUM. Mr. President, re- down and we will focus on the fact that picture, a real person, and there are this is not a hypothetical. This is not claiming my time. The PRESIDING OFFICER. Regular other real persons who have been just legislating in a vacuum. We are through this threat of partial-birth really talking about something as cen- order. The Senator from Pennsylvania has the time. The Chair would observe abortion and survived it and made the tral as one’s personal ability to make choice of life. This is not a hypo- decisions about one’s own body, about that he will insist upon regular order. The Chair would observe this is an thetical situation; it is a real situa- one’s own health. That is an issue for tion. women that transcends the second- emotional debate. The Senator from hand intelligence of those standing on Pennsylvania has the time. The Chair I suggest to the Senator from Illinois the side who would make choices about would also observe that if the Senator that the question I ask—I asked a ques- us, make choices that would reduce our wishes another Senator to respond and tion. I asked a question. I did not make citizenship to something that could be to yield, certainly we want respect a statement. I asked whether a child, legislated from afar. given to that Senator. to be delivered, would it be up to the I urge my colleagues to support the The Senator from Pennsylvania is doctor and mother to kill the child? recognized. alternative that Senator FEINSTEIN has The difference is a matter of 3 inches, Mr. SANTORUM. I want to clarify a filed. This alternative will ban all and you have affirmed that 3 inches point. Dr. Haskell, who developed this postviability abortions, but it will makes the difference as to whether procedure, testified that the drawings make an exception for the life and for that child is protected or not pro- were accurate, and I am quoting him, tected, and I think that is a very, very the health of the mother, and preserve ‘‘from a technical point of view.’’ So women’s rights to choose with regard close line that you are drawing, one these drawings are not cartoons. They that is, I think, very destructive of our to their own reproductive health. are accurate drawings of a procedure I thank my colleagues. I yield back culture. that Dr. Haskell has invented. to the Senator from California. The point I am trying to make, and I I yield 10 minutes to the Senator Mrs. FEINSTEIN. Mr. President, I think she answered the question, and I from Iowa. believe Senator DORGAN would like to think she answered it correctly, and The PRESIDING OFFICER. The Sen- be recognized for the purpose of a that is if the child was delivered, com- ator from Iowa is recognized. unanimous-consent agreement. I have pletely delivered, you would not be no objection, if there is no objection. Mr. GRASSLEY. Mr. President, we able to kill the child. have all heard by now that Ron Fitz- The PRESIDING OFFICER. The Sen- The point I am trying to make, look ator is recognized. simmons, the executive director of the how close we are drawing this line, a National Coalition of Abortion Pro- PRIVILEGE OF THE FLOOR matter of a few inches of a baby’s viders, admitted that many pro-abor- Mr. DORGAN. Mr. President, I ask skull. Those 3 inches determine wheth- tion groups agreed to a party line to unanimous consent that Petrea er you can live or die. Is that really say that partial birth abortions are Kaldahl, Jeremy Johnson, Brian what we want in our society? Is that very rare and performed only in ex- Underdahl, Susan Webb, and Jessica really the standard that we want to de- treme medical circumstances. Mr. Fitz- Braeger be permitted privileges of the velop as to when life is worth living, or simmons has now admitted that this floor for the duration of the debate. life should or should not be protected? party line was a lie. The PRESIDING OFFICER. Without Ms. MOSELEY-BRAUN. I respond by objection, it is so ordered. saying to my colleague from Pennsyl- Recent witness before the Senate Ju- Mr. SANTORUM. Mr. President, be- vania that, again, you did not really diciary Committee, Renee Chelian, the fore I yield to the Senator from Iowa, ask a question. You were making a president of the National Coalition of I have a question for the Senator from statement, but it is very difficult to Abortion Providers, was quoted in a Illinois, a question I asked in previous make a statement like that. news article as saying, ‘‘The spin out of debate, and I will ask again. That is, I used a picture of Vikki Stella. That Washington was that it was only done during the process of partial-birth is a real person, a real woman, who had for medical necessity, even though we abortions, if the baby that is being a troubled pregnancy that had to be knew it wasn’t so.’’ brought out in this fashion would for ended in a late-term abortion. She openly admitted that she kept some reason have its head slip out be- You are using a cartoon, a cartoon waiting for the National Abortion Fed- cause all that is left inside of the that is a child. The question you asked eration to clarify it and they never did mother is a very small head, if that had to do with the cartoon you had. it. She said, ‘‘I got caught up: What do head would slip out, would it still be up Now, if your point is that this child, we do about this secret? Who do we tell to the doctor and the mother to kill there was a decision about this child’s and what happens when we tell? But the child? health or her mother’s health at the frankly no one was asking me, so I Ms. MOSELEY-BRAUN. If the baby time of the delivery, that is another didn’t have to worry.’’ is born, Senator, it is a birth. story, but that is not the question you But the truth came out. Now we Mr. SANTORUM. So you are saying asked. That is not the question you know that many, who so desperately the difference between being able to put. were trying to tell us the truth, were kill a child and not kill a child is the The only point I say is, if you are right when they declared that this pro- distance of the child’s head? That is going to talk about these issues, then cedure is done thousands of times a the difference? it really should be based on reality and Ms. MOSELEY-BRAUN. Senator, I not just posturing and not just politics. year and the majority is done for elec- think I started off saying that, again, I am afraid this debate, frankly, has tive purposes. the inflammatory kind of—that is—— degenerated to that. I’m saddened to see that a new wave Mr. SANTORUM. If the Senator—— The PRESIDING OFFICER. The of behavior has begun to permeate our Ms. MOSELEY-BRAUN. First, let me Chair would observe the regular order, legislative process and for that matter say with regard to the picture—may I under rule XIX: political behavior. What appears to be please respond? You asked me a ques- A Senator can yield only for a question. He commonplace is that now the end justi- tion and I would like to respond. has a right to yield to another Senator to fies the means. We’ve seen the adminis- Mr. SANTORUM. This is something propound a question. He cannot interrogate tration use that excuse most recently that can—— or propound an inquiry of another Senator, when they openly admitted that it was except by unanimous consent, in which case Ms. MOSELEY-BRAUN. What you the latter Senator may be allowed to answer necessary to do what it took to raise have is a cartoon. It does not begin to such questions, with the right of the Senator campaign funds in order to win the describe accurately what is involved having the floor being reserved in the mean- Presidency. And now, in this partial- with a physician putting his hand in time. birth abortion debate we have people

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4529 who admitted they deliberately lied to believe, partial-birth abortion is never women. Well, the problem with the Members of Congress and more impor- medically indicated to protect a wom- other side is they totally disregard the tant to the public about the partial- an’s health or her fertility. In fact, the children and the women that are in- birth abortion procedure to justify a opposite is true: The procedure can volved in these difficult cases. I’d like defeat of legislation banning it. pose a significant and immediate to move the clock forward for these The partial-birth abortion procedure threat to both the pregnant woman’s children, not back, like the other side is an assault on women and children. It health and fertility.’’ would like to do. is more than abortion on demand—it’s In the American Medical News, Dr. Doctors that perform abortions are abortion out-of-control. Warren Hern, who authored a widely not required to inform the patient This is more than a debate about a used abortion manual, stated, ‘‘I would about any of the risks she faces with woman’s right to choose. This is about dispute any statement that this is the each specific abortion procedure. Doc- whether doctors, under the guise of safest procedure to use.’’ tors that perform abortions are not re- health care, should be allowed to take Opponents talk about reproductive quired to offer decision-based coun- the life of a child in such a barbarous rights, but women have been deceived seling to their patients. Doctors and way. to think if an abortion procedure is those that assist the doctors, such as I plan to support the measure before legal then it is automatically safe. And anesthesiologists, are not required to us, without amendment, which would I believe many women and men who have an abortion-specific license. end this procedure. This form of abor- support abortion in general do so on Abortionists can even ask their pa- tion is senseless, dangerous, and is the basis of this reproductive safety tients to sign statements saying that clear-cut infanticide. jargon. they will not sue if injured. Again, this My colleagues have discussed what Some have accused pro-life individ- is not a so-called anti-choice issue. happens to the mother and child during uals of only being concerned about the Even pro-choice members have voted this type of abortion in graphic detail. baby and accused pro-choice individ- against this. Many have reiterated my Unfortunately, this procedure cannot uals of only being concerned about the colleague from New York’s statement be sugarcoated. It is a procedure which woman. I am seriously concerned about which said it accurately, ‘‘I think this doctors use to kill unborn babies who both the woman and the child. Babies is just too close to infanticide. A child in many cases have developed enough are being victimized and women are has been born and it has exited the to live outside of the womb. being exploited. What kind of Federal uterus and, what on Earth is this pro- I have been contacted by thousands or State regulations exist to make sure cedure?’’ of people in my State imploring me to these abortions are safe? And I ask this I want to submit for the record a support legislation to ban this proce- question about abortions in general. A copy of an article from the Argus Lead- dure. Several hospitals from my State person doesn’t even have to have a er. It features a family from Hull, IA. and their staffs have urged me to ban health care license of any kind to as- At 23 weeks into her pregnancy, Sarah this procedure. sist in the execution of an abortion. Bartels went into premature labor. Her Last year, President Clinton stated Do we have any uniform health and daughter Stephanie was born at 1 before he vetoed the original legisla- safety regulations that make sure pound, 2 ounces. The doctor who was tive ban on partial-birth abortion, ‘‘I abortion clinics are safe? I know there working the night Stephanie was born have studied and prayed about this aren’t Federal ones, because the pro- said she was small and yet very vig- issue, and about the families who must abortion forces have blocked any at- orous, wiggling her arms. Three- face this awful choice, for many tempt to set safety standards and months later, her twin sister, Sandra, months. I believe that we have a duty State regulations vary greatly. We saw was born. Each of these were miracu- to try to find common ground: a reso- the ‘‘60 Minutes’’ expose´ on the lack of lous births. lution to this issue that respects the safety regulations in Maryland that led However, it becomes completely views of those—including myself—who to the abortion clinic death of at least clear that because of location, one sis- object to this particular procedure, but one woman. ter’s life was protected and the other’s also upholds the Supreme Court’s re- I am concerned about women’s was not. Over the 88-day period before quirement that laws regulating abor- health. And although some would say her twin sister was born, Stephanie’s tion protect both the life and the because I am pro-life, I do not care life was protected by law because she health of American women.’’ about the reproductive rights of was living in an intensive-care nursery. Although it appears the President women. That deduction is not accu- Over the same 88-day period, Sandra and many of my colleagues are con- rate. And it exasperates me that was not protected by law because she cerned about the life and health of the women across our country have been was living in her mother’s womb. mother, I must question their judg- led to believe that legality is synony- George Will pointed out in his column ment. This bill would ban partial-birth mous with safety. that unless she is completely outside abortions unless the life of the mother Women should be outraged that this the mother, she is fair game for the would be endangered. Medical experts procedure has been designed and is abortionist. have said that this 3-day procedure being performed on them and healthy Mr. President, I ask unanimous con- would not be necessary even then. babies. This particular abortion tech- sent to have these articles printed in Many say that this procedure must nique is one of the most dangerous to the RECORD. be allowed in cases where the health of their reproductive health and runs the There being no objection, the mate- the mother is at risk. Even that logic great risk of jeopardizing their chances rial was ordered to be printed in the has been challenged. We know the Doe to ever carry a child to full term. As RECORD, as follows: versus Bolton case interpreted health far as being out of touch, the other side [From the Washington Post, Apr. 24, 1997] very broadly to mean almost anything, is out of touch with protecting these THE ABORTION COVERUP including if the mother is a minor or if children, many of whom could be the (By George F. Will) the mother has depression and so forth. future women and men of America. The accusation that President Clinton So, what that means in real terms is if And if those in opposition are really cares deeply about nothing is refuted by his the mother doesn’t want the child— interested in protecting women’s lives, tenacious and guileful battle to prevent any having the child will detrimentally af- why can’t we enact Federal safety and meaningful limits on the form of infanticide fect her health and so on—abortion can health standards for abortion clinics? known as partial-birth abortion. However, take place in the third trimester. We can’t because supporters of abor- that battle proves that his professed desire Many have testified that partial- tion don’t want even minimum stand- to make abortion ‘‘rare’’ applies only to the birth abortion is almost never the ards. How many women have been fourth trimester of pregnancies. Soon—probably in the first half of May— safest procedure to save a woman’s life killed or maimed getting these so- the battle will be rejoined in the Senate, or even her health. called legal abortions? where the minority leader, South Dakota’s Former Surgeon General, Doctor C. We always hear the mantra that the Tom Daschle, will offer what he will adver- Everett Koop has stated, ‘‘Contrary to pro-life side is somehow out of touch tise as a compromise. Truth-in-advertising what abortion activists would have us and trying to turn the clock back on laws do not apply to legislators.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4530 CONGRESSIONAL RECORD — SENATE May 15, 1997 Daschle has not published his language ‘‘health’’ up to the abortionist. If so, this [From Roll Call, Feb. 27, 1997] yet, but presumably it will be congruent will be, says Douglas Johnson of the Na- PARTIAL-BIRTH BETRAYAL: DEMOCRATS with Clinton’s real, as distinct from his rhe- tional Right to Life Committee, akin to a SEETHING AS ACTIVIST ADMITS LIE torical, position. And judging by previous law that ostensibly bans ‘‘assault weapons’’ (By Charles E. Cook) legislative maneuverings, a ‘‘compromise’’ but empowers any gun dealer to define an as- A quiet fight within the Democratic party measure will be craftily designed for the con- sault weapon. went public earlier this week with the state- venience of ‘‘pro-choice’’ legislators who are So the Daschle ‘‘compromise’’ probably ment by the leader of a major pro-choice or- kept on a short leash by the abortion-maxi- will aim to confer on the supposedly re- ganization that he ‘‘lied through [his] teeth’’ mizing lobby. stricted person, the abortionist, an about the frequency and circumstances of The aim will be to enable such legislators uncircumscribed right to define the critical the ‘‘partial birth’’ abortion procedure dur- to adhere to that lobby’s agenda while cast- terms of the supposed restrictions. If en- ing the 1995 debate on the issue. ing a cosmetic vote that will mollify a public acted, such a ‘‘compromise’’ would be a re- In an American Medical News article to be repelled by partial-birth abortion, the prac- markable confection, a law that is impos- published March 3 and quoted in Wednes- tice of sucking the brains from the skull of sible to violate. day’s New York Times, Ron Fitzsimmons, a baby delivered feet first and killed while executive director of the National Associa- only the head remains in the mother’s uter- [From the Argus Leader, Sioux Falls, SD, tion of Abortion Providers, said the proce- us. Senators should consider this issue in the Apr. 2, 1997] dure is performed far more often than he and light cast by the case of Stephanie and San- other pro-choice leaders had told the public 88-DAY-OLD GIRL AWAITS THE EXPECTED dra Bartels of Hull, Iowa. and Congress. His previous assurances had They are twins born in a South Dakota BIRTH TODAY OF HER TWIN encouraged Congressional Democrats to op- hospital 88 days apart by what is called ‘‘de- (By Joyce Terveen) pose a ban on the procedure, which President layed-interval delivery.’’ Stephanie, born Three-month-old Stephanie Bartels is ex- Clinton vetoed. Jan. 5 when her mother went into premature The National Association of Abortion Pro- labor in the 23rd week of her pregnancy, pecting a twin baby brother or sister any day now. viders is an organization of more than 200 weighed 1 pound, 2 ounces. Sandra, weighing independent abortion clinics. Fitzsimmons 7 pounds, 10 ounces, was born April 2, by At 23 weeks into her pregnancy, Sarah told the Times that he remains pro-choice which time Stephanie weighed 4 pounds, 10 Bartels, 23, of Hull, Iowa, went into pre- and still opposes a ban on the procedure, but ounces. mature labor. Stephanie was born Jan. 5 at was quoted as saying that the lying, particu- For 88 days, while her twin sister’s life was Sioux Valley Hospital, fighting for life at 1 larly in an appearance on ABC’s ‘‘Nightline,’’ protected by the law, Sandra could have pound, 2 ounces. ‘‘made me physically ill.’’ been, under the probable terms of the While doctors were unable to stop Steph- He said he told his wife the next day, ‘‘I Daschle ‘‘compromise,’’ aborted by any abor- anie’s birth, they have been successful in can’t do it again.’’ tionist. This is because under any language holding off the second birth. Privately. Congressional Democrats and acceptable to the abortion movement and The world record for what’s called a de- their strategists have been seething for some hence to Clinton and Daschle, a baby does layed-interval delivery is 92 days. Bartels is time, feeling that they had been set up by not warrant legal protection merely because on day 88. the pro-choice community. They say they she is medically ‘‘viable,’’ referring to the Her home since Stephanie’s birth has been were led to believe that the procedure—in point at which she can survive with good a hospital room. But those days have been which a fetus is partially delivered and then medical assistance, a point that now begins bearable, she said, because she can go to the its skull is crushed before removal from the at about 23 weeks. Location is the key fac- intensive-care nursery to help care for 41⁄2- birth canal—is quite rare and only used tor: Unless she is completely outside the pound Stephanie. under extraordinary circumstances, such as mother, she is fair game for the abortionist. ‘‘When I first saw Stephanie, she was skin to save the life or preserve the health of the Daschle has at times said his measure will and bones. Now she’s really a little chunk,’’ mother, or when the fetus is severely de- not put any restrictions on abortions in the said Bartels as she rested in her hospital bed formed. second trimester of pregnancy, when about Tuesday. The partial-birth abortion issue, though 90 percent of partial-birth abortions occur, not widely used in the 1996 elections, was ex- Babies born at 23 weeks are on the statis- involving thousands of babies a year, many tremely potent where it did come up. It al- tical edge of life, with one out of five making of them potentially less precariously viable most cost Democrats two Senate seats: in it. Forty weeks is considered full term. than Stephanie was. And Daschle’s language Iowa, where Democratic Sen. Tom Harkin will contain a provision pertaining to ‘‘I remember that delivery vividly,’’ said saw a comfortable lead evaporate in a matter ‘‘health,’’ perhaps even an apparent limita- Dr. Martin Vincent, the neonatologist who of days; and in Louisiana where it cost Dem- tion to considerations of ‘‘physical’’ health. was working the night Stephanie was born. ocrat Mary Landrieu 4 or 5 points, turning However, this will be meaningless if the lan- ‘‘The baby came out small and yet very vig- the race into the closest Senate contest in guage grants the abortionist an orous, wiggling her arms.’’ Louisiana history. unreviewable right to determine when the The Bartels say it was difficult not being Just a couple of days before the Fitz- exception applies. able to hold their first-born for the first six simmons statement, a Democratic strategist During the 1996 campaign, Clinton, who weeks while she was on a ventilator. told me to expect Senate Democrats to bring had vetoed a ban on partial-birth abortions, ‘‘The first time I held her, it made me feel the issue back up to allow their Members to said he would support the ban if there were like a natural dad,’’ said David Bartels, a get on the record against this procedure. a ‘‘minor’’ amendment creating only a ‘‘very draftsman for an electrical engineering firm They are bitter that they were misled by stringent’’ exception. It would allow such in Sioux Center, Iowa. ‘‘Before, she didn’t pro-choice lobbyists—and that it almost cost abortions to prevent ‘‘severe physical dam- feel like she was mine.’’ them dearly on Election Day. age’’ to the mother. Note the word ‘‘phys- Stephanie is doing well and gaining To be sure, Democrats are not having sec- ical.’’ weight. So is the second twin, who is esti- ond thoughts about the abortion issue in However, the White House reportedly has mated to weigh 7 pounds, 13 ounces. general, but they now see that this aspect of told congressional Democrats that Clinton’s ‘‘Since it was at the extreme of life, we the debate is a certain political loser. They views are compatible with ‘‘compromise’’ tried to do what we could to keep the second concede that even many voters who other- language proposed last month by Maryland baby inside,’’ said Dr. William J. Watson, a wise are adamantly pro-choice are squeam- Rep. Steny Hoyer, co-chairman of the House perinatologist who handled Sarah’s case be- ish about this particularly gruesome proce- Democratic Steering Committee. Hoyer’s cause her diabetes made her a high-risk pa- dure. language would permit post-viability abor- tient. ‘‘We’ve tried this a number of times There is some evidence that the percentage tions whenever, ‘‘in the medical judgment of and have been unsuccessful.’’ of Americans who are pro-choice under all circumstances has declined a few points in the attending physician’’ (the abortionist), To delay the second birth, Watson stitched the last couple of years. It’s possible that not performing the abortion would have ‘‘se- Bartels’ cervix to keep it closed. She was corresponds to the rise of this partial birth rious adverse health consequences.’’ given antibiotics to fight off the infection issue, which until recently was unknown to Does that include ‘‘mental health’’ con- that had infected the membrane of the first the general public. sequences? Said Hoyer, ‘‘Yes, it does.’’ twin. She also took medications to prevent To allay suspicions that this might be an Should Democrats decide to backtrack on contractions. infinitely elastic loophole, he said, ‘‘We’re the partial-birth issue, there is some ques- not talking about a hangnail, we’re not talk- The Bartels don’t care if they break any tion as to whether it will be a meaningful re- ing about a headache.’’ However, a suspicion records. treat. The National Right to Life Committee unallayed by such flippancy is this: The ‘‘I just want to have my baby and go argues that while Clinton and Senate Minor- abortionist will be free to decide that not home,’’ Bartels said. ity Leader Tom Daschle (D-SD) have ‘‘indi- performing an abortion will cause, say dis- They haven’t worried yet about dealing cated a willingness to accept a ban on partial tress and depression sufficient to constitute with the question, ‘‘Why are we twins and birth abortions if a ‘narrow’ exception were serious health consequences. born three months apart?’’ added for various serious health cir- Daschle, following Hoyer’s precedent, may ‘‘We’re just hoping the kids won’t ask us cumstances,’’ the exceptions amount to lit- leave the definitions of ‘‘viability’’ and that,’’ Bartels said. tle, if any, change.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4531 The pro-life forces maintain that the Clin- health of the mother. The Justices rec- I support her with this amendment, ton-Daschle proposal would only apply from ognized the importance of a woman’s and I urge my colleagues to defeat the the seventh month of pregnancy onward, health and life and had every con- underlying bill that is before us today. while most partial-birth abortions occur fidence that women could make rea- I yield my time to the Senator from they say, during the fifth and sixth months. Furthermore, the NRLC opposes an exemp- sonable decisions. I simply do not un- California. tion that would allow the procedure to be derstand why many of my colleagues The PRESIDING OFFICER. The Sen- performed to ‘‘Protect a mother’s future fer- refuse to accept the courts decisions ator from California. tility.’’ They point to a statement former and refuse to understand that late Mrs. FEINSTEIN. Mr. President, I Surgeon General C. Everett Koop and 400 term, post viability abortions are only see Senator FRIST is to be recognized. other physicians that ‘‘partial-birth abortion necessary when the life and health of I yield to him, and then I will wrap is never medically necessary to protect a the mother are in serious jeopardy. up, if that is agreeable. mother’s health or future fertility,’’ and that While the language in this amend- The PRESIDING OFFICER. The Sen- it ‘‘can pose a significant threat to both her ator from Tennessee. immediate health and future fertility.’’ ment simply reiterates what the courts Interestingly, this all comes on the heels have said and what many States have Mr. FRIST. Mr. President, I yield of Congress voting to release family plan- enacted because many on the other myself approximately 10 minutes. ning funding for international organizations. side have distorted the facts and have Mr. President, I rise in opposition to While that money technically isn’t supposed waged a public relations campaign the Feinstein-Boxer substitute amend- to be used to fund abortions, it has the effect ment in large part because the sub- of freeing up other funds that can. against women and against doctors, I felt it was necessary to work on lan- stitute amendment fails to address The pro-choice cause, in general, has not what is the underlying bill on the floor; lost ground. But this one extreme position guage that will address some of the al- has caused it significant harm—especially in legations that have been made. That is that is, to ban the partial-birth abor- terms of credibility. Some of the move- why I have worked with the minority tion procedure, a procedure that we all ment’s best friends on Capitol Hill feel be- leader on his amendment that limits recognize to be one that is brutal, that trayed. the scope of the health exemption is unnecessary, and that is repulsive to One of the most basic rules of lobbying is, without jeopardizing the guarantees our civilization today. ‘‘Never lie to a Member of Congress, particu- I feel that is what we need to ban, larly one of your friends.’’ Another is, and protections of women in this coun- try. I would argue that this was not that specific procedure which has been ‘‘Never ask a Member to do something that described on this floor again and again will later jeopardize his seat.’’ necessary, as I have full faith in women The pro-choice movement did both and will to make the right decision, but because in detail, that is shocking to us each pay a price for it. of the allegations and misconceptions time we hear it, as well as shocking to The PRESIDING OFFICER. Who that have we have heard and seen, I America. seeks time? recognize that it is the reasonable The Feinstein-Boxer amendment Mrs. FEINSTEIN addressed the course of action. shifts the focus away from that proce- dure which we are attempting to ban Chair. I support the Feinstein amendment and to prohibit, and enters another The PRESIDING OFFICER. The Sen- as it is consistent with what the States area, another region, that I think ator from California is recognized. have done and it ensures that women needs to be debated. I appreciate the Mrs. FEINSTEIN. Mr. President, I will not be subjected to serious threats fact that Members on both sides of the yield to the distinguished Senator from to their health and life because some aisle say that debate deserves our at- Washington 10 minutes. people simply want to turn back the The PRESIDING OFFICER. The Sen- tention and our discussion. But the clock. I support this amendment be- ator from Washington is recognized. problems I have using this as a substi- cause it goes beyond the pending bill in Mrs. MURRAY. Thank you, Mr. tution amendment is twofold. that it will prohibit all post viability President. No. 1, the substitution amendment Mr. President, I rise today in support abortions, not just a procedure. As sup- really does—this is my opinion—noth- of the pending Feinstein amendment. porters of this amendment, we do not ing to decrease the number of abor- This amendment is not a creative or claim to have the medical expertise to tions that are being performed in this imaginative approach, that has been pick what procedures physicians are al- country. I will come back to that and implied but rather conforms to the law lowed to utilize. Further, we recognize explain why. of the land. It is an amendment that the fact that the U.S. Senate should No. 2, to use it as a substitution, I simply says that the health and life not be in the room with the physician think, we cannot do, and, therefore, I protections extended to all women in and his or her patient. oppose the amendment, because it still Roe versus Wade will not be infringed I will also be a cosponsor of the allows the underlying procedure of the upon. It goes to the heart of this de- Daschle language as I believe that a re- partial-birth abortion, which, again, bate; will we act today to limit the sponsible legislator, I must do every- graphically has been described as a rights and protections afforded all thing I can to ensure that the fetus, a viable fetus, with otherwise women by the U.S. Supreme Court or legisation we enact is constitutional normal life to be delivered shortly, be will we reaffirm that the life and and protects all citizens. delivered partially, and then killed. It health of a woman in this country The Feinstein amendment does not is still allowed under the Feinstein- must remain a priority. and will not allow a healthy women to Boxer substitution amendment. There seems to be some confusion as terminate a healthy pregnancy simply I will speak to the first point, be- to what Roe versus Wade and other because she decides she no longer cause a lot of people will assume that courts decisions say and do. When you wants to be a mother. That is illegal the Feinstein-Boxer substitution carefully read the majority opinion and will continue to be illegal for a amendment encompasses a much issued by the Justices in the Roe physician to perform any abortion broader bill, and I think that is the versus Wade decision, the limitations after viability unless the women’s way it is intended. are quite clearly spelled out by the health and life are in serious jeopardy. Let me go back to the amendment as Court. The Justices spent a great deal I ask my colleagues to carefully read written. This is the Feinstein-Boxer of time and effort making the clear dis- the language in this amendment and amendment. ‘‘It shall be unlawful for a tinction between the rights of the remember that women and doctors physician knowingly to perform an women during the first two trimesters know the definition of serious health abortion after the fetus has become and the rights of the women in the last consequences and to defeat the under- viable.’’ trimester once the fetus is viable. The lying legislation. I agree with that and wholeheartedly courts drew this line and made it clear I would like to thank the sponsor of support that, and I agree with the that the State had an overriding inter- the amendment, Senator FEINSTEIN. I sponsors. I think the majority of peo- est in restricting and regulating post know that Senator FEINSTEIN has spent ple in this body think that is good, viability abortions. As a result, post vi- a great deal of time studying this issue that that is the right direction. But ability abortions are prohibited, except and working to ensure that we did not where I have a very significant prob- when necessary to protect the life and unduly burden physicians and women. lem, and a problem that has not been

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4532 CONGRESSIONAL RECORD — SENATE May 15, 1997 talked very much about on the floor Chamber, that people use that defini- tional stages in order to save the life or but I think that we must address if we tion of health to perform, in the third health of a woman or if the fetus is seriously are to consider this amendment in its trimester, procedures broadly—abor- malformed. entirety, is the exception clause. The tions, including a specific procedure we The PRESIDING OFFICER. The Sen- exception law says what I just said—it should outlaw under all conditions, the ator’s 10 minutes has expired. does not apply if, in the medical judg- partial-birth abortion procedure. Mr. FRIST. Mr. President, I yield ment of the attending physician, the What I have done is really gone back myself 3 more minutes. abortion is necessary to preserve the to talk to my colleagues to ask them, While that may sound reasonable to some, life of the woman. and I have asked them point blank, is it misses the point. In the case when the life Again, I think most of us would agree there a time when it is necessary to de- or health of a mother is in jeopardy and her with that wholeheartedly. But con- stroy a viable fetus—remember, a via- fetus has reached a chance of survival out- cerning the part of the exception that ble fetus. And the definition I looked side the womb— says, ‘‘or to avert serious adverse up in my old Steadman’s Medical Dic- As an aside, that is viability— health consequences to the woman.’’ tionary, the classic dictionary that we (currently 24 weeks), physicians can deliver Again, let me say my sensitivities to use as physicians. ‘‘Viable’’ is defined that child by either cesarean section or in- the health consequences are as strong as ‘‘denoting a fetus sufficiently devel- duction of labor without compromising the as everyone. I have taken a Hippocratic oped to live outside the uterus.’’ A via- mother. oath where I am totally dedicated as a ble fetus, the fetus that is taken out of Dr. Frank Boehm, the Nashville Ten- physician to the health of the patient the womb at that point in time is alive, nessean May 13, 1997. before me. is a baby, will grow up to live a full Adverse health consequences, a huge But, from the practical standpoint, life. door, a huge door that the medical pro- ‘‘serious adverse health consequences’’ Thus, are there really any situations fession is not going to agree on from is a huge exception that people will where we can kill that otherwise viable one person to another. drive through to potentially perform fetus, full of life? And you say, well, Well, what this amendment, unfortu- more abortions than we see today. On life of the mother. There is general nately, does, by putting this exception the surface, it sounds so right, but, in agreement that that may be—may be— in there, it says that, no, you do not do truth, when you say ‘‘health con- may be a consideration. That is put in abortions after the fetus has become sequences,’’ to lay people it may seem the statute. But what about health viable except under adverse health con- something else. But it is also such a consequences, adverse health con- ditions, which means, as a physician, if loophole, such an exception, that peo- sequences which have been defined in you say there is an adverse health con- ple can take advantage of it. There are Doe versus Bolton to use the emotional dition, go do the abortion, go kill a via- people out there who do. factors and psychological factors? It ble fetus, an individual who by defini- Yesterday, I cited on the floor Dr. says in here that an individual physi- tion will grow up and live a full life, a McMahon of California, who is de- cian determines whether or not those viable fetus. ceased, but who testified before com- health consequences are adverse or not. Mr. President, let me just go back mittees in this body that he performed Well, that goes all over, all over the and say I oppose the amendment on 39 abortions for depression; a mother’s field. As a physician who deals in end- substance itself, but even that aside, I depression. Does that depression mean of-life issues myself, I transplant would argue that it does not do what that she felt bad for a few days, or a hearts, so an adverse health condition the intent of the underlying bill does, few weeks and, therefore, this fetus to me might mean something very dif- and that is to outlaw a brutal and un- was killed; this viable fetus who would ferent than to a cardiologist who does necessary, a malicious procedure which otherwise be alive today was killed? I not do heart surgery or transplant destroys life, and that is the partial- cited 9 cases where the infant’s cleft lip hearts. The same is true of physicians. birth abortion procedure. It should be was cited to be the indication and, Adverse health consequence is going to banned. therefore, yes. A mother could say vary from physician to physician. I yield the floor. that, ‘‘I am depressed because my child We have seen in a report, as I have Mrs. FEINSTEIN addressed the will have a cleft lip.’’ But does that said, Dr. McMahan in California doing Chair. justify killing an otherwise viable 39 abortions for depression itself— The PRESIDING OFFICER (Mr. fetus? The whole issue of health is again, depression. Is that treatable? ALLARD). The Senator from California. complicated. I have gone back to my Would it have been gone in 1 week or 2 Mrs. FEINSTEIN. How much time re- colleagues again and again saying, can weeks? Or that cleft lip, which is dis- mains on our side? you give me a good definition of health turbing—it would be disturbing to The PRESIDING OFFICER. The Sen- that we could write down, that we many of us as parents—is that jus- ator has 181⁄2 minutes. could put in statute and that people tification for allowing an exception in Mrs. FEINSTEIN. And how much would agree with? an amendment to abort fetuses in that time resides with the other side? Well, we all turn back to Doe versus third trimester, or viable fetuses? That The PRESIDING OFFICER. About Bolton and the definition of health as viability, I think, is a good definition 191⁄2 minutes. defined by Doe versus Bolton in 1973 in in many ways because, remember, that Mrs. FEINSTEIN. Mr. President, I the Supreme Court decision, and there child would live just taken out of the see the Senator on his feet. Perhaps I health is defined as ‘‘all factors, phys- womb. Why kill a viable fetus under will yield at this time and reserve the ical, emotional, psychological, famil- any situation? It really seems that this remainder of my time for a wrap-up ial, and the woman’s age, relevant to amendment should rise or fall on this comment. the well-being of the patient.’’ whole concept of serious adverse health The PRESIDING OFFICER. The Sen- As a physician, those are the sort of consequences. ator from Pennsylvania. factors that you have to consider when I have a friend whom I turn to fre- Mr. SANTORUM. Mr. President, I you are talking to a patient—their quently. I would like to submit for the yield 3 minutes to the Senator from overall well-being. But does it justify RECORD an article that he had in the Missouri. killing a viable fetus, a fetus that by Nashville Tennessean on May 13, 1997. Mr. BOND. I thank the Chair. I thank definition of viability is alive, once It is by Dr. Frank Boehm. Dr. Boehm is my colleague from Pennsylvania. taken out at that point in time, if professor of obstetrics and gynecology We are discussing the partial-birth taken out of the womb, will survive, and director of obstetrics at Vanderbilt abortion ban, a horrible procedure lik- will live? You are saying that some of University, highly regarded in his field. ened to infanticide—late-term abor- these factors, the overall well-being, The editorial basically addresses the tions as our distinguished and knowl- the psychological factors at that point issue, is there ever a reason to abort a edgeable colleague from Tennessee has in time, can be used to justify killing viable fetus? Let me quote one para- described to us. that otherwise viable fetus. I say no, graph. Normally, when we come to the floor, and most people say ‘‘no’’. Yet we Pro-choice activists claim that abortion we talk about subjects about which we know, and it has been cited in the should be available even at these later gesta- have read in books or what we have

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4533 learned from briefings, but we have available. Really until the recent con- his medical judgments were, must indi- just heard the Senator from Tennessee, troversy, many practitioners who you talk cate what the condition of the fetus who is an accomplished and distin- to had never heard of this particular proce- was. guished surgeon, describe as best one dure. One of the big problems in this de- can describe why this is an objection- In fact, that is the case. I would now bate—and I say this respectfully to the able, totally unnecessary and unwar- like to quote from the AMA report of Senator from Pennsylvania, because ranted procedure—a fully developed the board of trustees dated yesterday: reasonable people can differ—is that fetus, viable, brought down the birth From a medical perspective the language conditions of the health of the mother canal feet first, and then delivered all used in the proposed legislation—H.R. 1122— and conditions of the fetus can also but the head. Then the abortionist ‘‘partially vaginally deliver a living fetus be- vary. We all know there are medical di- fore killing the fetus and completing the de- agnoses. We know that within these takes a pair of scissors, inserts them in livery’’ does not refer to a specific obstet- the back of the baby’s neck, collapses rical/surgical technique, nor does it refer to medical diagnoses the severity can dif- the brain and the baby is delivered a specific stage of gestation (i.e., pre- or fer. Conditions have different degrees dead. post-viability). In fact, the description in the of seriousness. Severe, serious abnor- The overwhelming majority of people proposed legislation could be interpreted to malities incompatible with life—that is in America and Missourians will vote include many recognized abortion and ob- also what we are talking about in this against this. Last night, the Missouri stetric techniques (such as those used during bill. I believe that within the confines General Assembly passed a ban by veto dilation and evacuation (D & E)) or other of Roe versus Wade, we have developed majority. When we debated the issue procedures used to induce abortion. a constitutional measure which pro- last summer and fall, I received over This is exactly my concern about hibits third-trimester abortions, pro- 50,000 letters and post cards supporting H.R. 1122. I think H.R. 1122, as I de- vides a health and life exception that is the ban. No other issue has generated scribed earlier, is in fact a Trojan constitutional, provides that the med- that amount of mail. horse. It is not what it seems to be. Not ical doctor must give his reasons and The issue would be settled if Presi- one medical procedure is referenced in his findings as to why, if he does per- dent Clinton had not vetoed the bill H.R. 1122. Rather, a vague definition of form a third-trimester abortion, he or last year against the wishes of an over- what is called partial-birth abortion. she is performing it, and outline these whelming number of Americans. Partial-birth abortion is referred to no- conditions. And we also provide sub- A word about the amendments now where in any of the medical literature. stantial penalties—$100,000 on the first before us. These amendments were I believe the reason this bill is drafted offense plus referral to the State Board written by opponents of the ban, sup- that way is because it is much broader of Medical Examiners for possible sus- porters of the procedure. They contain in what it intends to do. I believe what pension of the medical license; and on loopholes big enough to drive a truck it intends to do is essentially stop a second offense, up to $250,000 and re- through. The Feinstein amendment second- and third-trimester abortions ferral to the State Board of Medical contains a loophole big enough to drive with no consideration for the woman’s Examiners for possible revocation of li- a train through. The amendments we health. censing. are considering will do nothing to stop Now, you have heard here today, you These are very hefty sums. I believe partial-birth abortions or other forms have heard descriptions by my col- they provide a sufficient deterrent to of late-term abortions, as Senator league, Senator BOXER, and by myself, the practice of third-trimester abor- FRIST has so eloquently noted. I hope and by the other women, of instances tions unless the most serious situation the Senate will reject the Feinstein of malformed, seriously malformed, is present. and Daschle amendments and pass the fetuses which cannot sustain life out- Mrs. BOXER. Will my friend yield for partial-birth abortion ban today. side the womb. Yet, leaving a woman a moment? I yield the floor. I thank my col- to have to deliver these babies could Mrs. FEINSTEIN. Can I finish my league for the time. present a considerable risk to her thought? The PRESIDING OFFICER. The Sen- health. Mrs. BOXER. Absolutely. When my ator from California. Now, what we are struggling to do is friend is ready, I have a question to ask Mrs. FEINSTEIN. Mr. President, I find a way to say we agree there should her. would like to wrap up, if I might. Let not be third-trimester abortions, ex- Mrs. FEINSTEIN. In the findings of me begin by saying that you have just cept—except when the life or the this same AMA paper, the American heard on our side from four women health of the mother is at risk. And Medical Association board goes on to Senators and the distinguished Senator then we are trying to set a definition of make this statement: from Massachusetts, who is not lucky health that will meet the constitu- The partial-birth abortion is not a medical enough to be a woman, but from four tional test of Roe versus Wade. term. The American Medical Association women. All of us have been pregnant; What is clear to me is that restric- will use the term, ‘intact dilation and ex- all of us have given birth to a child; tive definitions of health will not meet traction,’ to refer to a specific procedure two of us are grandparents. And I think the constitutional test of Roe versus comprised of the following elements: among the four of us there is an under- Wade. So we have taken the definition And then they describe the elements: standing of the vicissitudes and the that we believe will stand the test of This procedure is distinct from dilation problems that are inherent both in our constitutionality, ‘‘serious, adverse and evacuation procedures more commonly physiology as well as in a pregnancy. It health consequences for the woman,’’ used to induce abortion after the first tri- and we, more fundamentally in the reg- mester. Because partial-birth abortion is not is my contention that the bill before a medical term, it will not be used by the us, H.R. 1122, is about much more than ulations we prescribe in section 4 of American Medical Association. [And then it one procedure. our bill, say, ‘‘We are requiring an at- goes on.] According to the scientific lit- Let me quote from the only Member tending physician, described in section erature, there does not appear to be any among us who is a physician in his 2(b), to certify to the Department of identified situation in which intact D&X is comments yesterday on this floor. I am Health and Human Services that, in the only appropriate procedure to induce reading from the Congressional the best medical judgment of the phy- abortion, and ethical concerns have been RECORD. sician, the abortion described was raised about intact D&X. We have heard these concerns. The American Medical Asso- From the outset, I will admit that it has medically necessary to preserve the ciation recommends that the procedure not been difficult for me to imagine how a proce- life or to avert serious adverse health be used unless alternative procedures pose dure that is not taught in residency pro- consequences to the woman involved.’’ materially greater risk to the women. The grams where obstetricians are trained—it is And then—this is the important lan- physician must, however, retain the discre- not taught today; it is not referenced in our guage—‘‘and to describe the medical tion to make that judgment, acting within peer-reviewed journals, which is really the indications supporting the judgment.’’ standards of good medical practice and in substance, the literature through which we the best interests of the patient. teach each other and share information; it is So that the physician who makes the not in peer-reviewed journals—it is a little decision that the life or health of the I happen to believe that is a correct bit hard for me to understand how people mother is dependent on an abortion judgment. I happen to believe that the could argue that this is the best procedure must support that, must indicate what physician must retain the discretion.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4534 CONGRESSIONAL RECORD — SENATE May 15, 1997 And I must tell you, it scares me when tional test, if you perform one of these The PRESIDING OFFICER. There this body is prepared to write in the third-trimester abortions, know that are 17 minutes remaining. concrete of a law that every State in you have to put in writing, subject to Mr. SANTORUM. I yield the Senator this Union must abide by their judg- investigation, and send to the Federal from California 25 seconds. ments, untrained, unskilled, never, for Department of Health and Human Mrs. BOXER. Thank you, that is very the most part, having given birth to a Services the conditions, the reasons to nice of you. child, never, for the most part, being justify that abortion. I think that is a I would say the one thing that broke intimately familiar with the physi- sound piece of legislation. my heart today was when the Senator ology of a woman, and, yet, has the I do not think we will win because I from Pennsylvania said, ‘‘How could gumption to say: We are going to write think, unfortunately, this debate has someone kill their son or daughter.’’ laws. We are not going to have a health been so characterized by egregious sit- They are talking about these women, exception. And everybody in the United uations that everything other than the these women who desperately wanted States is going to have to comply with egregious situation has suddenly been these children. These families like this. washed away. Yet everything other Coreen Costello, and Eileen Sullivan. I find that somewhat scary, because than the egregious situation is out These are the faces: Viki Wilson and conditions do vary. Health cir- there in America every single day. I Maureen Britell. And, last, Vikki Stel- cumstances do vary. We all know we submit that, if legislation does not la. These women, these men, these fami- can have a certain condition, and for cover what is the real life of people, lies wanted these babies. They did not some people it will be benign; for oth- and the many different things to which kill their child. They desperately want- ers, it can be terminal. And it can be they are subjected, you are going to ed a baby. I yield. the same condition. In terms of abnor- have a much higher rate of both mor- The PRESIDING OFFICER. The time malities, hydrocephalus has been men- bidity, which is physical harm to of the Senator has expired. tioned on this floor. I have visited, in women, and mortality, which is death Mr. SANTORUM. I yield 10 minutes the old days, institutions where chil- to women. That is the way it was be- to the Senator from Michigan. dren walked around with their head on fore, and that is the way it will be The PRESIDING OFFICER. The Sen- a crib because the head was so big they again if we set the clock back. ator from Michigan is recognized. could not lift it off the crib. So I must—I know my colleague from Mr. ABRAHAM. I thank the Senator Medical science is wonderful. Now California would like to make some from Pennsylvania for his efforts here. hydrocephalus, in many cases—not comments—I would like to yield the I thank you, Mr. President. all—can be handled. So you can’t say floor to her. But I must earnestly im- Mr. President, let me just preface my all hydrocephalics have the same prob- plore this body, I would be very hopeful comments by saying I will be speaking lem. But it is conceivable, and it does that Members will vote for this amend- on the bill generally, as opposed to spe- happen, that there are serious hydro- ment and vote no on H.R. 1122. cifically to the amendment before us. I cephalic implications in some fetuses I yield the remainder of my time to thank the Senator from Pennsylvania which make it impossible for them to the Senator from California. for giving me that chance. sustain life on the outside, past any Mrs. BOXER. Mr. President, there is Obviously, abortion is an issue on amount of time, or to be delivered in a about 2 minutes remaining? Thank which people disagree. We have seen way that they will not irreparably you. much of that disagreement expressed damage the health of the mother. This Let me just thank my colleague. here on the floor of the Senate. We see is also true. Again, I have been extremely proud to it expressed in the debates, whether it But there are variations and there stand with her, really proud to stand is at public meetings or around coffee are gradations. This legislation, H.R. with her and Senator MOSELEY-BRAUN. tables around our country all the time. 1122, does not take that into consider- When we started maybe we had 3 votes, It does seem to me, though, that we ation. Rather, it says that, wholesale, our own. I do believe we will do consid- ought to be able to agree on some anything that can come under the ru- erably better than that. I do believe, if things with respect to abortion, even bric of partial-birth abortion is hith- the people who watch this debate—that when people are on different sides. One erto prohibited. And if you commit it— we would get even more votes if they of those should be the fact that there we do not know what it is, the medical would get on the phone and tell their are too many abortions and we should literature does not know what it is— Senator what this is all really about. have fewer abortions in this country. I but if you commit it, doctor, M.D., you I was going to ask my colleague, but would hope we could agree on that. are guilty of a crime. Can you imagine since there is no time to ask a par- I hope we could agree also that cer- what this is going to do throughout the ticular question I want to share with tain types of abortions are wrong. Par- United States of America? It is going her an editorial today that ran in USA tial-birth abortion, in my judgment, is to have a chilling effect. Not only that. Today, because it backs up everything an example of an abortion procedure In addition to that, everybody out my colleague has said. It says that: that is wrong. We have had the proce- there can sue. ‘‘The Partial-Birth ban would stop few, dure itself described here on the floor, I am perplexed why, if one wants to if any, abortions.’’ We know that is both in the course of this debate and in outlaw a particular procedure, why true because the Santorum bill does previous debates on this issue. I do not that procedure is not written up. It has not go after any other procedure. ‘‘But have to retell the horrible details that been spoken about. It has been de- it would set a precedent of lawmakers we have all become familiar with. It scribed. It is contained in specificity in playing doctor.’’ seems to me almost on its face that we this RECORD. But it is not in the legis- I think this point has been made by ought to be able to come to an agree- lation. Instead, the legislation has a us, over and over again. We do have a ment that that type of procedure is much more sweeping impact. All one lot of confidence in ourselves around wrong and ought not take place in our has to do, in my view, is read that leg- here. To be a U.S. Senator you have to country. islation. have confidence. But we do not have, In addition, contrary to the claims of Senator BOXER, Senator MOSELEY- save for one of us, a medical degree. It some of the advocates, those on the BRAUN, and I have tried to write a is the height of ego, to me, to then de- other side of this issue, it is not an an- piece of legislation which is very cide we are going to be, not only law- esthetic which causes the child, the strong, which prohibits as a matter of makers, but doctors. It is really some- baby to die during a partial-birth abor- law third-trimester abortions except what extraordinary. Especially, it is tion. Indeed, last year when we con- when the life and the health of the more extraordinary because this issue fronted this issue in the Judiciary mother are at stake, and which defines is going to be so harmful to women. Committee, we had several discussions health in a way that it will meet a con- The PRESIDING OFFICER. All time about the actual cause of death. stitutional test. of the Senator from California has ex- I ask unanimous consent to have I believe we have done it. And it pro- pired. printed in the RECORD both the testi- vides civil penalties that will deter and Mrs. BOXER. I ask unanimous con- mony, as well as questions and an- also say to the physician, as an addi- sent for 25 seconds. swers, that related to that issue which

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4535 was before the Judiciary Committee Senator ABRAHAM [to Dr. Campbell]. Would would say that is a great deal less and a last year. you make the statement then that the fetus great deal more simple than what I know. There being no objection, the mate- dies due to the anesthesia? Is that your posi- Senator ABRAHAM. Well, it seems to me that there’s a rather substantial disparity rial was ordered to be printed in the tion? Dr. CAMPBELL (Medical Director, Planned between what Dr. Ellison says and what you RECORD, as follows: Parenthood of Metropolitan Washington). I are both saying now and have certainly writ- STATEMENT OF NORIG ELLISON, M.D., PRESI- think the fetus has no pain because of the ten here. I just am wondering how that bears DENT, AMERICAN SOCIETY OF ANESTHESIOL- anesthesia. I do not—— on other comments that have been made. OGISTS—BEFORE THE SUBCOMMITTEE ON THE Senator ABRAHAM. No, I’m asking you Mr. ABRAHAM. Mr. President, at CONSTITUTION, HOUSE OF REPRESENTATIVES, whether you think that’s what causes the that time, we heard from some of the MAR. 21, 1996 fetus to die? advocates on behalf of maintaining the Dr. CAMPBELL. I do not know what causes Chairman Canady, members of the Sub- the fetus to die. The fetuses are dead when current practice that it was an anes- committee. My name is Norig Ellison, M.D., delivered. thetic that was the reason the baby I am the President of the American Society Senator ABRAHAM. Well, let me just direct died. The National Council of Anesthe- of Anesthesiologists (ASA), a national pro- you, if I could—I have here a factsheet that siologists, I think, conclusively and ir- fessional society consisting of over 34,000 an- indicates it was prepared by you which re- reversibly rebutted that position. esthesiologists and other scientists engaged lates to the House legislation in which—— I was struck—and as the testimony I or specially interested in the medical prac- [Sen. Abraham was referring to ‘‘H.R. 1833, tice of anesthesiology. I am also Professor have had printed in the RECORD will in- Medical Questions and Answers,’’ which con- dicate—by the efforts on the part of and Vice-Chair of the Department of Anes- tains the caption, ‘‘Fact Sheet Prepared by thesiology at the University of Pennsylvania Mary Campbell, M.D.’’ This document was the advocates to try to fuzz up this School of Medicine in Philadelphia and a circulated to Members of the House of Rep- issue and make assertions that were staff anesthesiologist at the Hospital of the resentatives in October, before HR 1833 came patently inaccurate and inconsistent University of Pennsylvania. to a vote in that house. This document con- during the course of that hearing. I appear here today for one purpose, and tains the following passage: In my judgment, we should be able to one purpose only: to take issue with the tes- ‘‘Q: When does the fetus die? end this practice and we should be able timony of James. T. McMahon, M.D., before ‘‘A: The fetus dies of an overdose of anes- to end it in the context of this legisla- this Subcommittee last June. According to thesia given to the mother intravenously. A tion which provides, I think, protec- his written testimony, of which I have a dose is calculated for the mother’s weight tions for the life of the mother in suffi- copy, Dr. McMahon stated that anesthesia which is 50 to 100 times the weight of the given to the mother as part of dilation and fetus. The mother gets the anesthesia for cient fashion to meet whatever stand- extraction abortion procedure eliminates each insertion of the dilators, twice a day. ards society might demand. any pain to the fetus and that a medical This induces brain death in a fetus in a mat- I understand why some had concerns coma is induced in the fetus, causing a ‘‘neu- ter of minutes. Fetal demise therefore occurs the last time we debated this issue. rological fetal demise’’, or—in lay terms— at the beginning of the procedure while the Back then, we were told that only a ‘‘brain death’’. fetus is still in the womb.’’] few of these partial-birth abortions I believe this statement to be entirely in- Dr. CAMPBELL. I was quoting Dr. McMahon were conducted per year. We were told accurate. I am deeply concerned, moreover, at that time. [Editor’s note: There is no ref- that they only occurred late, very late, erence to Dr. McMahon anywhere in Dr. that the widespread publicity given to Dr. in the process of a pregnancy, so late McMahon’s testimony may cause pregnant Campbell’s five-page factsheet.] On thinking women to delay necessary, even lifesaving, it over in more depth, I believe because there that this was the only option available. medical procedures, totally unrelated to the are no EEG studies available—— We were also told that they were exclu- birthing process, due to misinformation re- Senator ABRAHAM. So you no longer adhere sively used in these very rare cir- garding the effect of anesthetics on the to the position that you say in here, ‘‘the cumstances to deal with serious fetal fetus. Annually over 50,000 pregnant women fetus dies of an overdose of anesthesia given defects in high-risk circumstances. are anesthetized for such necessary proce- to the mother intravenously.’’ That is no But this year we enter the debate in dures. longer your position? a different context. We now know that Although it is certainly true that some Dr. CAMPBELL. I believe that is true. Senator ABRAHAM. You believe that is those three pieces of information were general analgesic medications given to the not true. As we learned from Ron Fitz- mother will reach the fetus and perhaps pro- true? vide some pain relief, it is equally true that Dr. CAMPBELL. I believe that is true. simmons of the National Coalition of Senator ABRAHAM. Dr. Ellison, would you pregnant women are routinely heavily Abortion Providers, it is not the case like to comment on that? sedated during the second or third trimester that only a few such procedures occur Dr. ELLISON (President, American Society per year. It is not the case that these for the performance of a variety of necessary of Anesthesiologists). There is absolutely no surgical procedures with absolutely no ad- basis in scientific fact for that statement. only occur very late during a preg- verse effect on the fetus, let alone death or There is—I can present you a study in the nancy, and it is not the case that they ‘‘brain death’’. In my medical judgment, it American Journal of Obstetrics and Gyne- only occur in instances of serious fetal would be necessary—in order to achieve cology, 1989, by [names inaudible] et al, of deformities and risk. They happen too ‘‘neurological demise’’ of the fetus in a ‘‘par- 5,400 cases of women having surgery having often, they happen too early, and they tial birth’’ abortion—to anesthetize the general anesthesia or regional anesthesia in mother to such a degree as to place her own happen without the kinds of cir- which the fetus did not suffer demise. I think cumstances and without the same jus- health in serious jeopardy. the suggestion that the anesthesia given to As you are aware, Mr. Chairman, I gave the tifications we were told were the exclu- the mother, be it regional or general, is same testimony to a Senate committee four sive conditions under which they took going to cause brain death of the fetus is months ago. That testimony received wide without basis of fact. place. circulation in anesthesiology circles and to a Dr. CAMPBELL. I have not said brain death. In my judgment, those statements lesser extent in the lay press. You may be in- I’m saying no spontaneous respirations, no from Mr. Fitzsimmons, combined with terested in the fact that since my appear- movement. the statements just printed in the ance, not one single anesthesiologist or Senator ABRAHAM. Well, that’s what you RECORD from Dr. Campbell a year ago, other physician has contacted me to dispute are saying today, but in this fact sheet, make me wonder how many of the my stated conclusions. Indeed, two eminent which you prepared I believe fairly recently, obstetric anesthesiologists appear with me other assertions we heard during the it says, ‘‘The fetus dies’’—there’s no quali- debate from so-called experts in favor today, testifying on their own behalf and not fying regarding breathing or anything else— as ASA representatives. I am pleased to note ‘‘of an overdoes of anesthesia.’’ I mean, that of this practice are correct. I don’t that their testimony reaches the same con- is a very clear statement assertion. know the answer to that. I have serious clusions that I have expressed. Dr. CAMPBELL. [Pause] I simplified that for questions about some of the arguments Thank you for your attention. I am happy Congress. [Outburst of laughter from audi- made in support of the maintenance of to respond to your questions. ence.] I do not actually believe that you these practices. want a full discussion of when death occurs. There are, however, a variety of facts After Dr. Norig Ellison presented his pre- Senator ABRAHAM. Well, we are forced to which have come to light during the pared testimony at the Nov. 17 public hear- make those decisions, and I guess my ques- debate this year that seem to me not ing before the Senate Judiciary Committee, tion is that how many other things would the following exchange occurred among Sen- you say in the fact sheet or in your state- only to be accurate but have strong ator Spence Abraham (R–Mi.); Dr. Mary ments today have been likewise simplified in bearing on how Members of this body Campbell, medical director of Planned Par- this dramatic fashion? should deal with this issue. enthood of Metropolitan Washington; and Dr. CAMPBELL. Since I have over 28 years of The Physicians’ Ad Hoc Coalition for Dr. Ellison. education and experience in medicine, I Truth, a 600-member group of physician

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4536 CONGRESSIONAL RECORD — SENATE May 15, 1997 specialists, issued a variety of state- had, which I have related before on this tigious universities in our country. He ments in specific reference to partial- floor, and it is a major reason why I agrees with this comment: birth abortions. Included is this the support this legislation. When our two While it may become necessary, in the sec- statement: oldest children were born almost 4 ond or third trimester, to end a pregnancy in Partial-birth abortion is never medically years ago, they were very early in the order to protect the mother’s life or health, necessary to protect the mother’s health or process. They were twins, and they abortion is never required—i.e., it is never medically necessary, in order to preserve a her future fertility. On the contrary, this came early. We were in a neonatal in- woman’s life, health or future fertility, to procedure can pose a significant threat to tensive care unit for several weeks deliberately kill an unborn child in the sec- both. with them. ond or third trimester, and certainly not by In addition, that organization has in- We were lucky because our children mostly delivering the child before putting dicated: were sufficiently developed that they him or her to death. What is required in the It is never medically necessary in order to were able to come home with us after a circumstances specified by Senator protect a woman’s life, health, or future fer- fairly brief stay, but we also got to Daschle— tility, to deliberately kill an unborn child in know the families whose children came Boxer-Feinstein— the second and third trimester of pregnancy, at an earlier point in the pregnancy, is separation of the child from the mother, and certainly not by mostly delivering the some who were born with birthweights not the death of the child. child before putting him or her to death. under 2 pounds, some almost 1 pound— It is never necessary. According to For these reasons, I hope that we can small, tiny children who would be po- doctors, not RICK SANTORUM, according join together—a majority of us already tential victims of the partial-birth to doctors who practice in this spe- have—and I hope this time an over- abortion procedure, struggling and sur- ciality, hundreds of them, it is not nec- whelming majority of us will join to- viving. We were lucky, as I say, be- essary, you don’t have to kill the child. gether to support the legislation before cause our daughters were born fairly Let’s use your own common sense. Use our own common sense. Here is us offered by the Senator from Penn- well along in the process, so we only this procedure. You have dilated the sylvania. were in that circumstance for a couple cervix over 2 days, you brought the In light of the new information, both of weeks. baby into position feet first, you have the refutation of the claims made by But just a few months ago, we had it taken it out of the womb, you have proponents of the partial-birth abor- occur again in our family, this time my taken it out of the uterus, out of the tion procedure, as well as those made wife’s sister, whose child was born I be- birth canal, the baby is completely out by the various physician committees lieve in the 28th week of pregnancy and of the mother’s uterus, birth canal, ex- that have now emerged in support of was, therefore, in the neonatal inten- the abolition of this practice, it seems cept the head. Tell me what health rea- sive care unit for many, many weeks. son of the mother requires you to kill to me that it is time for us to end this The experiences we have gone this baby? These babies are very small. horrible procedure. through, the familiarity we have devel- You can see the hands of the physician I just want to make two other com- oped with these tiny newborn babies compared to the size of this baby. This ments, Mr. President. They go to part and their struggle for survival makes of the debate which I have been watch- baby can fit in the palm of your hand. at least this Senator extraordinarily Why do you have to kill this baby? ing for several days now and recollect committed to trying to protect and de- from last year, and that is the argu- There is no reason, as these doctors fend those babies. I believe, at a min- just said, that you cannot at least give ment that we hear because we are not imum, we should be able to protect doctors in this body, we lack the exper- this baby some chance, some chance of them from practices such as the par- living. Why? In fact, the argument is tise to deal with these issues. It is true tial-birth abortion. For that reason, made by several doctors who have writ- that only one of us is a doctor, but we today I speak in support of the legisla- ten me that by puncturing the base of have heard from him, and I think he tion. the skull like that in a blind proce- has been very compelling in his state- I thank the Chair and yield the floor dure—you cannot see the area where ments on the floor that it is time for us back to the Senator from Pennsyl- you are inserting these scissors—that to end the partial-birth abortion proce- vania. you risk, obviously, missing, causing dure. If a doctor’s advice makes sense, Mr. SANTORUM addressed the Chair. damage, you risk—and this is graphic, the advice of our doctor from Ten- The PRESIDING OFFICER. The Sen- but it, again, was written to me by sev- nessee should make sense to all of us. ator from Pennsylvania. eral physicians—the splintering of the It also is the case that we, as Mem- Mr. SANTORUM. Mr. President, I skull can cause problems. I know this bers of the Senate, are called upon to thank the Senator from Michigan for is graphic stuff, but this is reality. act as experts in a variety of areas his excellent statement and for his tre- This is what they want to keep legal, where our own experiences, education mendous defense of the unborn, par- and they believe that this protects the and training have not necessarily pre- ticularly on this particular issue. He woman’s health. I guarantee you this pared us before our elections to do the has been a partner in providing infor- does not protect the woman’s health. people’s business. None of us, I don’t mation to Senators on the facts, the There is no reason at this point to believe, in this body, are nuclear physi- real facts of what has gone on here on kill this baby, but they insist upon cists, and yet we are regularly called the issue of partial-birth abortion. I having that choice. This is the choice upon to make important decisions with want to address a couple of things the right here. It is not a choice. It doesn’t respect to nuclear policy. Not all of us Senators from California talked about have to be a choice. It is not me saying in this body have expertise or have in closing my remarks. it doesn’t have to be a choice, it is doc- served in the military, and yet all of us The Senator from California said tor after doctor, specialist after spe- are called upon to make extraor- that conditions could differ; that there cialist saying it doesn’t have to be a dinarily difficult choices with respect is always a chance that something choice. to the defense of our Nation. On and on could happen. Their legislation pretends to bar it goes across the spectrum of issues. I will just refer again to the quote third-trimester abortions, postviability This is not a unique circumstance. It from over about 500 physicians, includ- abortions with a narrow health excep- is consistent with the responsibilities ing many people who deal in the area tion, they suggest. What they say is we have here to make judgments, to of maternal fetal medicine, that it comports with Roe versus Wade. learn the facts, to do the best we can perinatology, people who deal with We know what Roe versus Wade and and to consult the experts. We have high-risk pregnancies. The experts—we Doe versus Bolton say that health is done that on this issue, and that is why hear so much about we are not the ex- anything—mental health, depression, I believe a majority of Members in this perts. I am not the expert. I am talking the mother is young. Those are all rea- Chamber are going to vote to end the about the people who are the experts. sons approved by the courts to allow an partial-birth abortion practice. This is what the experts say. They abortion any time—any time—for any I will just conclude with my own per- don’t equivocate. Senator FRIST read reason. Those are all legitimate health sonal experiences, two of them. First from the head of obstetrics at Vander- reasons. They continue to be health involves the experience my wife and I bilt University, one of the most pres- reasons.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4537 They say we don’t want elective The PRESIDING OFFICER (Mr. among others, that may require the preg- abortions. Let me tell you what Dr. HUTCHINSON). The Senator from South nancy to be terminated. Warren Hern said—again, Dr. Warren Dakota. (8) While such situations are rare, not only M. Hern, author of ‘‘Abortion Prac- would it be unconstitutional but it would be AMENDMENT NO. 289 unconscionable for Congress to ban abortions tice,’’ what I am told is the definitive (Purpose: To amend title 18, United States in such cases, forcing women to endure se- textbook on abortions who does Code, to prohibit the performance of an vere damage to their health and, in some second- and third-trimester abortions, abortion where the fetus is determined to cases, risk early death. said it yesterday in the Bergen County be viable) (9) In cases where the mother’s health is Record, and I will repeat it: Mr. DASCHLE. Mr. President, I have not at such high risk, however, it is appro- I will certify that any pregnancy is a an amendment at the desk and I ask priate for Congress to assert its ‘‘compelling threat to a woman’s life and could cause for its consideration. interest’’ in fetal life by prohibiting abor- grievous injury to her physical health. tions after fetal viability. The PRESIDING OFFICER. The (10) While many States have banned abor- The Boxer-Feinstein amendment clerk will report. tions of viable fetuses, in some States it con- does not say anything about physical The legislative clerk read as follows: tinues to be legal for a healthy woman to health. This is the Daschle amendment The Senator from South Dakota [Mr. abort a viable fetus. he is referring to, which also does not DASCHLE] for himself, Ms. SNOWE, Ms. MIKUL- (11) As a result, women seeking abortions do anything. But there is never a case, SKI, Mrs. MURRAY, Ms. LANDRIEU, Ms. COL- may travel between the States to take ad- according to Dr. Hern, where he cannot LINS, Mr. LIEBERMAN, and Mr. KENNEDY, pro- vantage of differing State laws. poses an amendment numbered 289. (12) To prevent abortions of viable fetuses do an abortion and claim physical not necessitated by severe medical complica- health. Mr. DASCHLE. Mr. President, I ask unanimous consent that the reading of tions, Congress must act to make such abor- He says it again, just in case he was tions illegal in all States. misquoted, in today’s USA Today: the amendment be dispensed with. (13) abortion of a viable fetus should be The PRESIDING OFFICER. Without I say every pregnancy carries a risk of prohibited throughout the United States, un- death. objection, it is so ordered. less a woman’s life or health is threatened The amendment is as follows: and, even when it is necessary to terminate What this amendment does is noth- Strike all after the enacting clause and in- the pregnancy, every measure should be ing. If you want to stop partial-birth sert the following: taken, consistent with the goals of pro- abortions, vote against the Boxer-Fein- SECTION 1. SHORT TITLE. tecting the mother’s life and health, to pre- stein amendment. This Act may be cited as the ‘‘Comprehen- serve the life and health of the fetus. The PRESIDING OFFICER (Mr. sive Abortion Ban Act of 1997’’. SEC. 3. ABORTION PROHIBITION. HAGEL). All time has expired. The ques- SEC. 2. FINDINGS. (a) IN GENERAL.—Title 18, United States tion is on agreeing to the amendment. Congress makes the following findings: Code, is amended by inserting after chapter Mr. SANTORUM. Mr. President, I (1) As the Supreme Court recognized in Roe 73 the following: ask for the yeas and nays. v. Wade, the government has an ‘‘important ‘‘CHAPTER 74—ABORTION PROHIBITION The PRESIDING OFFICER. Is there a and legitimate interest in preserving and ‘‘Sec. protecting the health of the pregnant ‘‘1531. Prohibition. sufficient second? There is a sufficient woman...and has still another important second. ‘‘1532. Penalties. and legitimate interest in protecting the po- ‘‘1533. State regulations. They yeas and nays were ordered. tentiality of human life. These interests are ‘‘1534. Rule of construction. separate and distinct. Each grow in substan- The PRESIDING OFFICER. The ‘‘§ 1531 Prohibition. question is on agreeing to the amend- tiality as the woman approaches term and, at a point during pregnancy, each becomes ‘‘(a) IN GENERAL.—It shall be unlawful for ment. The yeas and nays have been or- a physician to abort a viable fetus unless the dered. The clerk will call the roll. compelling’’. (2) In delineating at what point the Gov- physician certifies that the continuation of The legislative clerk called the roll. ernment’s interest in fetal life becomes the pregnancy would threaten the mother’s The result was announced—yeas 28, ‘‘compelling’’, Roe v. Wade held that ‘‘a life or risk grievous injury to her physical nays 72, as follows: State may not prohibit any woman from health. ‘‘(b) GRIEVOUS INJURY.— [Rollcall Vote No. 69 Leg.] making the ultimate decision to terminate ‘‘(1) IN GENERAL.—For purposes of sub- YEAS—28 her pregnancy before viability’’, a conclusion reaffirmed in Planned Parenthood of South- section (a), the term ‘grievous injury’ Akaka Inouye Murray eastern Pennsylvania v. Casey. means— Baucus Jeffords Reed (3) Planned Parenthood of Southeastern ‘‘(A) a severely debilitating disease or im- Bingaman Kennedy Robb Pennsylvania v. Casey also reiterated the pairment specifically caused by the preg- Boxer Kerrey Rockefeller nancy; or Bryan Kerry holding in Roe v. Wade that the govern- Sarbanes ‘‘(B) an inability to provide necessary Chafee Lautenberg ment’s interest in potential life becomes Torricelli treatment for a life-threatening condition. Cleland Leahy Wellstone compelling with fetal viability, stating that ‘‘(2) LIMITATION.—The term ‘grievous in- Durbin Levin Wyden ‘‘subsequent to viability, the State in pro- Feinstein Mikulski moting its interest in the potentiality of jury’ does not include any condition that is Glenn Moseley-Braun human life may, if it chooses, regulate, and not medically diagnosable or any condition NAYS—72 even proscribe, abortion except where it is for which termination of pregnancy is not medically indicated. Abraham Enzi Lieberman necessary, in appropriate medical judgment, for the preservation of the life or health of ‘‘(c) PHYSICIAN.—In this chapter, the term Allard Faircloth Lott ‘physician’ means a doctor of medicine or os- Ashcroft Feingold Lugar the mother’’. Bennett Ford Mack (4) According to the Supreme Court, viabil- teopathy legally authorized to practice med- Biden Frist McCain ity ‘‘is the time at which there is a realistic icine and surgery by the State in which the Bond Gorton McConnell possibility of maintaining and nourishing a doctor performs such activity, or any other Breaux Graham Moynihan life outside the womb, so that the inde- individual legally authorized by the State to Brownback Gramm Murkowski perform abortions, except that any indi- Bumpers Grams Nickles pendent existence of the second life can in reason and all fairness be the object of State vidual who is not a physician or not other- Burns Grassley Reid wise legally authorized by the State to per- Byrd Gregg Roberts protection that now overrides the rights of Campbell Hagel Roth the woman’’. form abortions, but who nevertheless di- Coats Harkin Santorum (5) The Supreme Court has thus indicated rectly performs an abortion in violation of Cochran Hatch Sessions that it is constitutional for Congress to ban subsection (a) shall be subject to the provi- Collins Helms Shelby abortions occurring after viability so long as sions of this section. Conrad Hollings Smith (NH) ‘‘(d) NO CONSPIRACY.—No woman who has the ban does not apply when a woman’s life Coverdell Hutchinson Smith (OR) had an abortion after fetal viability may be or health faces a serious threat. Craig Hutchison Snowe prosecuted under this section for a con- D’Amato Inhofe Specter (6) Even when it is necessary to terminate spiracy to violate this section or for an of- Daschle Johnson Stevens a pregnancy to save the life or health of the fense under section 2, 3, 4, or 1512 of title 18, DeWine Kempthorne Thomas mother, every medically appropriate meas- United States Code. Dodd Kohl Thompson ure should be taken to deliver a viable fetus. Domenici Kyl Thurmond ‘‘§ 1532 Penalties. Dorgan Landrieu Warner (7) It is well established that women may suffer serious health conditions during preg- ‘‘(a) ACTION BY ATTORNEY GENERAL.—The The amendment (No. 288) was re- nancy, such as breast cancer, preeclampsia, Attorney General, the Deputy Attorney Gen- jected. uterine rupture or non-Hodgkin’s lymphoma, eral, the Associate Attorney General, or any

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4538 CONGRESSIONAL RECORD — SENATE May 15, 1997 Assistant Attorney General or United States ‘‘(b) ACTION BY STATE.—A State, and the So my concern was: Could we find a Attorney specifically designated by the At- medical licensing authority of the State, constitutional way with which to ad- torney General may commence a civil action shall develop regulations and procedures for dress this issue and also find a way to under this chapter in any appropriate United the revocation or suspension of the medical provide a comprehensive ban on abor- States district court to enforce the provi- license of a physician upon a finding under sions of this chapter. section 1532 that the physician has violated a tion? ‘‘(b) RELIEF.— provision of this chapter. A State that fails In seeking ways in which to do that, ‘‘(1) FIRST OFFENSE.—Upon a finding by the to implement such procedures shall be sub- I began with a series of conclusions and court that the respondent in an action com- ject to loss of funding under title XIX of the considerations that I want to talk menced under subsection (a) has knowingly Social Security Act. about momentarily. violated a provision of this chapter, the ‘‘§ 1534 Rule of Construction. First of all, I was amazed to find court shall notify the appropriate State med- N GENERAL.—The requirements of this that, in spite of all the statistics ban- ical licensing authority in order to effect the ‘‘(1) I chapter shall not apply with respect to post- died about with regard to numbers, suspension of the respondent’s medical li- viability abortions in a State if there is a cense in accordance with the regulations and there are very few numbers upon which State law in effect in the State that regu- procedures developed by the State under sec- anybody can base their estimates with lates, restricts, or prohibits such abortions tion 1533(d), or shall assess a civil penalty any reliability—very, very few. The to the extent permitted by the Constitution against the respondent in an amount not ex- numbers of the Alan Guttmacher Insti- of the United States. ceeding $100,000, or both. tute are considered the best and used ‘‘(2) STATE LAW.—In paragraph (1), the ‘‘(2) SECOND OFFENSE.—If a respondent in by the Centers for Disease Control. an action commenced under subsection (a) term ‘‘State law’’ includes all laws, deci- sions, rules or regulations of any State, or They report that 89 percent of all abor- has been found to have knowingly violated a tions occur in the first 12 weeks, that provision of this chapter on a prior occasion, any other State action having the effect of the court shall notify the appropriate State law.’’. 10 percent of the abortions occur in LERICAL AMENDMENT.—The table of medical licensing authority in order to effect (b) C weeks 13 to 20, that eight-tenths of 1 chapters for part I of title 18, United States the revocation of the respondent’s medical percent of all abortions occur in weeks Code, is amended by inserting after the item license in accordance with the regulations 21 to 24, and that six-hundredths of 1 relating to chapter 73 the following new and procedures developed by the State under percent of all abortions occur in the item: section 1533(d), or shall assess a civil penalty final weeks beyond that. against the respondent in an amount not ex- ‘‘74. Prohibition of post-viability Those aren’t my figures. They are abortions ...... 1531’’. ceeding $250,000, or both. the most legitimate estimations based ‘‘(3) HEARING.—With respect to an action Mr. DASCHLE. Mr. President, for the upon the available evidence and the under subsection (a), the appropriate State information of all Senators, it is my statistical data which is used by the medical licensing authority shall be given understanding we have 5 hours of de- notification of and an opportunity to be Centers for Disease Control. heard at a hearing to determine the penalty bate to be divided evenly, is that cor- So that is one question. When do to be imposed under this subsection. rect, beginning at 2:30? abortions occur? The answer by the ‘‘(c) CERTIFICATION REQUIREMENTS.—At the The PRESIDING OFFICER. That is Guttmacher Institute is this: 89 per- time of the commencement of an action correct. cent occur in the first 12 weeks. under subsection (a), the Attorney General, Mr. DASCHLE. Mr. President, the The real issue, in my view, is not the Deputy Attorney General, the Associate issue of late-term abortion has been a which procedure ought to be outlawed, Attorney General, or any Assistant Attorney very troubling issue for a lot of us. For because I find, as I have already indi- General or United States Attorney specifi- the past 6 or 7 months, I have been cally designated by the Attorney General cated, the so-called partial-birth abor- shall certify to the court involved that, at making an effort to better understand tion of viable fetuses to be absolutely least 30 calendar days prior to the filing of all of the implications and all of the abhorrent, as I find other abortion pro- such action, the Attorney General, the Dep- circumstances surrounding this issue. I cedures. The question is when, and uty Attorney General, the Associate Attor- am repulsed by the practice of so- under what circumstances, should the ney General, or any Assistant Attorney Gen- called partial-birth abortions, but I am Government restrict abortion? It seems eral or United States Attorney involved— also very sensitive to the extraor- to me that really is what is going to ‘‘(1) has provided notice of the alleged vio- dinarily personal circumstances that cause us to deal with this issue in a lation of this section, in writing, to the Gov- many women face as they face excru- ernor or chief executive officer and attorney way that will solve the problem and general or chief legal officer of the State or ciating decisions involving their lives not simply force it into another con- political subdivision involved, as well as to and the lives of their potential chil- text. the State medical licensing board or other dren. When and under what circumstances appropriate State agency; and I was troubled by the votes cast last should the Government restrict abor- ‘‘(2) believes that such an action by the fall, and indicated at that time that I tion? United States is in the public interest and was going to do whatever I could to see The Supreme Court has ruled on this necessary to secure substantial justice. if we could find a compromise. Today, matter on a number of occasions. They ‘‘§ 1533 Regulations. I come to the floor with the realization have already given us guidance that ‘‘(a) REGULATIONS OF SECRETARY FOR CER- that I could not find a compromise. they require us to follow, if we are TIFICATION.— What I did do was seek out doctors, going to be within the constitutional ‘‘(1) IN GENERAL.—Not later than 60 days constitutional experts, people in vir- after the date of enactment of this chapter, parameters in answering the question the Secretary of Health and Human Services tually every walk of life, who have that I just asked. shall publish proposed regulations for the fil- voiced their opinion about this issue. Obviously, Roe versus Wade is the ing of certifications by physicians under sec- The conclusion I reached was that basis upon which all decisions have tion 1531(a). rather than a compromise, an entirely subsequently been made, and Roe ‘‘(2) REQUIREMENT.—The regulations under different approach may be our best so- versus Wade simply asserts that a paragraph (1) shall require that a certifi- lution, not necessarily saying yes or no woman’s decision whether or not to cation filed under section 1531(a) contain— to what it was others have advocated terminate her pregnancy is protected ‘‘(A) a certification by the physician (on with their partial-birth-abortion ban penalty of perjury, as permitted under sec- by the Constitution. tion 1746 of title 28) that, in his or her best because that is a procedural prohibi- There have been proposals to change medical judgment, the abortion involved was tion. the Constitution in that regard, and I medically necessary pursuant to such sec- My feeling—and the feeling expressed know some of my colleagues support a tion; and by many experts from whom I have constitutional amendment to overturn ‘‘(B) a description by the physician of the sought advice—was that the pending Roe versus Wade. But that isn’t the medical indications supporting his or her legislation, the so-called partial-birth- issue today. judgment. abortion ban would not stop one abor- Colautti versus Franklin in 1979 fur- ‘‘(3) CONFIDENTIALITY.—The Secretary of tion. This will not end abortion. This ther clarified Roe versus Wade. The Health and Human Services shall promulgate regulations to ensure that the identity of the will simply force physicians to use Court said, ‘‘A fetus is considered via- mother described in section 1531(a) is kept other, equally troubling forms of abor- ble if it is potentially able to live out- confidential, with respect to a certification tion that I will address in a little side the womb, albeit with artificial filed by a physician under section 1531(a). while. aid.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4539 Why is that decision important? That is what the Court requires. That is bate? What do we do to protect a viable decision is important because in 1973, what the Supreme Court rulings were fetus? the Court ruled that it was really on all about: protecting viable fetuses This is what troubles me perhaps the the basis of trimesters that we would after defining the concept of viability. most about where we are with regard make some decisions with regard to a So the key questions posed by the to S. 6. We have seen the procedure woman’s right and that it was within bill that is pending seem to me to be, graphically depicted, and I think that the first two trimesters—chosen to ap- Should just one or all post-viability graphic depiction clearly compels one proximate the transition at viability— abortion procedures be banned given to want to respond in a way that says that a woman had a right during those what the Court has ruled? Should it be we have to end it, in some way. I have first two trimesters to make the deci- just one, or should it be all of them? not chosen this afternoon to depict the sion, and after that it would be up to Should a mother’s health be protected alternatives on similar charts. the States to decide what limits they throughout pregnancy? Should that (Mr. HUTCHINSON assumed the would impose on a woman’s right to have any consideration at all? chair.) choose, because at that point there was Should a woman’s constitutional Mr. DASCHLE. But I must tell you I clearly the possibility that a fetus right to choose before viability be pre- have seen them. So-called partial-birth could live outside the womb. They served? Those seem to me to be pretty abortion is technically called dilata- clarified the definition of viability in fundamental questions that this debate tion and extraction. There is another brings about. I think it is a legitimate, Colautti. They built upon it. They cre- dilatation method called dilatation and a very fair, an understandable debate ated a new set of criteria by which to evacuation. In that method a fetus is around which there are very deeply di- make that decision in 1979. They said dismembered inside the womb and re- vided opinions. moved. You could depict that very now with technology, viability is not But those are the questions that I graphically, too. S. 6 does not restrict something that neatly falls into the think are the most significant as we that approach. categories of trimesters. debate the legislative options we are Induction is a method that you could Then in 1992, in Planned Parenthood debating right now. graphically depict. Saline solution or versus Casey, the Court redefined the So, Mr. President, my proposal, and other agents chemically poison the point at which the States could re- the proposal cosponsored by a number fetus and premature labor is induced. A strict abortion by incorporating the vi- of my colleagues on both sides of the chemical poisoning of the fetus could ability definition. The Court clarified aisle—not seeking again to com- be graphically depicted. the constraints and the circumstances promise but to provide a different ap- You could graphically depict under which a woman can consider an proach—simply does this. S. 6, or H.R. hysterotomies. Hysterotomies are pre- abortion. They have already decided 1122, bans one procedure that I believe term c-sections, an incision. A fetus is now that the States may restrict abor- ought to be banned. I personally be- lifted outside the womb and the life is tion after viability. Now the question lieve it ought to be banned. Our alter- terminated. That could be graphically is, Are there any other circumstances? native bans all procedures. depicted. Well, in Casey the Court ruled that S. 6, because it doesn’t distinguish You could graphically depict a there can be a prohibition as long as it between pre- and post-viability, in my hysterectomy used for purposes of does not place ‘‘a substantial obstacle view—and because it doesn’t address a abortion where a woman’s womb is in the path of a woman seeking an woman’s health at all—in my view completely pulled out of her body. abortion of a nonviable fetus.’’ would be ruled unconstitutional. What Every one of the procedures that I What do they mean by that? Basi- we have attempted to do is to recognize have just verbally depicted would still cally they said if a fetus is viewed to be and to respect constitutional findings be legal under S. 6. They are still legal. nonviable, you cannot put obstacles in of the Supreme Court, to say that And what amazes me is that in spite of the place of a woman. Viability is de- present viability—I must add I believe the fact that they are every bit as termined not only, of course, by time viability could conceivably be reached graphically repulsive, they are not ad- but also by the condition of the fetus. at less than 23 at some point in the fu- dressed in S. 6. A doctor somehow is So in cases throughout the 1970’s, ture. So I believe it is a very honest supposed to certify that the one proce- 1980’s, and 1990’s, the Court has made it way with which to determine on a dure is inappropriate—dilatation and very clear what it is they intend to do timeline when a woman’s right to extraction is something that ought to with regard to protection of the fetus choose ought to end in terms of being be prohibited—but under S. 6 dilation as well as protection of the mother. Vi- the sole constitutional consideration. and evacuation, induction, ability then—based upon the decisions But right now it is viewed to be 23 hysterotomy, hysterectomy are all OK. made by the Court—is simply the abil- weeks, well into the 6th month. But we We went onto the Web and looked at ity to sustain survivability outside the preserve the constitutionality by en- what National Right to Life Com- womb with or without life support. If a suring that a woman’s right is re- mittee had said about these particular fetus can live outside the womb with spected as the Court has required. We procedures. As of the first of May, Na- life support, that fetus has to be pro- also said that there are circumstances tional Right to Life said that dilata- tected—has to be protected. involving health in very, very extraor- tion and evacuation ‘‘may cause cer- So our amendment very clearly says, dinary circumstances, even addressed vical laceration.’’ Why? Cervical lac- in findings that I will read in a mo- by the AMA, that ought to be consid- eration may be caused because when ment, it shall be the policy, the deter- ered. you shove the medical instrument into mination of this country, that we must So, Mr. President, those are the two a woman’s womb, you may puncture it. make every medically appropriate ef- approaches that we have pending now You may puncture it seriously. But fort to protect a viable fetus. this afternoon. there is no ban on this procedure. That viability, as I said a moment According to the Guttmacher Insti- ‘‘Bleeding may be profuse,’’ according ago, occurs between the 23d and the tute, 99 percent of the abortions are to Right to Life. 28th weeks. Who determines viability? performed within the first 20 weeks. Induction, according to Right to Life, I have heard people say, ‘‘Well, abor- The right to choose is protected. Via- ‘‘risks cervical trauma, infection, hem- tionists determine viability.’’ Abor- bility comes at week 23, approxi- orrhage, cardiac arrest and rupture of tionists. But we all know that to be a mately. The alternative protects the the uterus. Death is not unheard of.’’ pejorative term. Of course abortionists fetus after that period of time. H.R. Those are not Tom DASCHLE’s words may determine that. But a high-risk 1122 and S. 6 ban abortion using that but those of the National Right to Life ob/gyn determines that, too. The ques- procedure only—before amd after via- Committee. But guess what. No ban. tion is, What is the alternative to that? bility. So from a timeline point of No ban. What is the alternative to a doctor view, in that time before viability, we According to the National Right to making the determination of viability? protect the right of the mother to Life Committee, hysterotomy, or c-sec- Based on the medical evidence, the choose, as the Court requires. tion involves ‘‘the highest risk to the medical information available in their What about after viability, because health of the mother; potential for rup- best judgment, is a fetus viable? That this is really the crux of the whole de- ture during subsequent pregnancies.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4540 CONGRESSIONAL RECORD — SENATE May 15, 1997 And there is no ban for that proce- ury of saying we will agree or we will that will not provide the mechanism a dure. What is amazing, at least as of not agree unless we change the Con- doctor needs to respond to the crisis. May 1, is that Right to Life cites no stitution. ‘‘Primary pulmonary hypertension, maternal health risks for the D&X pro- It is under those constraints and in involves the sudden death or intrac- cedure, and yet, lo and behold, that is that context that we attempt to find table congestive heart failure. Mater- the one that is banned. ways with which to address this issue, nal mortality approaches 50 percent. Now, I understand why it is banned, first in a comprehensive way, banning This or other complications occur in 10 and I am sympathetic to banning it. all procedures; and, second, in a con- to 40 percent of patients with chronic But does it not seem a little unusual stitutional way so that we do not have hypertension.’’ that we would not consider these other to do our work over again in 6 months ‘‘Preeclampsia. Severe hypertension approaches, that we would not worry or a year. and accompanying renal or liver fail- about causing cervical lacerations, I know there have been a lot of dif- ure.’’ Five to 10 percent of pregnancies bleeding, that we would not worry ferent charts in the Chamber during in circumstances of that kind. ‘‘Cardio- about cervical trauma and infection this debate quoting physicians groups, myopathy occurs late in pregnancy in and hemorrhage and cardiac arrest and and I know that you can say anything women with no history of heart disease uterine rupture? and use a quote to justify it. But I also as a distinct well described syndrome Now, again, I could have a graphic il- know that the American College of Ob- of cardiac failure.’’ lustration of a cervical laceration. I stetricians and Gynecologists includes These are diseases caused by the could have a graphic illustration of both pro-life and pro-choice physicians. pregnancy, Mr. President, that doctors cervical trauma and infection and hem- I have talked to them. I know they are and manuals like these cite as reasons orrhages and cardiac arrest. But you do there. They have been very involved in for pregnancy termination. not need much of an imagination and this debate from the beginning because Now, there are also other cases, other you do not have to be married to a they, more than anybody else outside situations unrelated to the pregnancy woman very long to be pretty sympa- mothers who are affected, have to deal itself when a pregnancy complicates treatment. thetic. with this issue. Pro-life and pro-choice ‘‘Cancers. Cancer occurs in approxi- So who should decide, Mr. President? physicians have had to confront this mately 1 in every 1,000 pregnancies. That is the question. Who should de- matter. And so ACOG, as they are Pregnancy depresses mother’s immune cide? Who should decide which medical called, the American College of Obste- system; radiation and chemotherapy procedure is appropriate? A woman and tricians and Gynecologists, has said in are harmful to the fetus.’’ her doctor, knowing all these ramifica- a letter: An intact D&X may be the best or most ap- Again, the first consideration for ter- tions, or the Government? That is the mination of the pregnancy must be question. That is what we are trying to propriate procedure in a particular cir- cumstance to save the life or preserve the early delivery. If possible, deliver the grapple with. We are trying to make health of a woman, and only the doctor, in fetus. the best decision about what to do with consultation with the patient, based upon a ‘‘Lymphoma. 50 percent cure rate these horrendous circumstances. woman’s particular circumstances can make with immediate treatment; likely Well, the Court has also grappled this decision. The intervention of legislative death in 6 months if delayed; radiation with it. The Court has also tried to fig- bodies into the medical decisionmaking is and chemotherapy risk fetal muta- ure out a way constitutionally to ad- inappropriate, ill-advised, and dangerous. tion.’’ Again, if you can deliver the dress all of these issues. In Roe versus Now, we do not have to agree with child, do so. Do so. Wade, what the Court says is that a that. All I am saying is that is what Breast cancer. 1 in 3,000 pregnancies. woman’s health ought to be protected this group of Republican and Demo- ‘‘Increased estrogen and lactose pro- throughout pregnancy for the reasons cratic, pro-life and pro-choice, doctors duction during pregnancy accelerates cited, for all these reasons. These are have said officially. That is their posi- cancer; immune system depressed.’’ the reasons the Court was concerned tion. You can challenge it and others Those are cases, categories of cases, about health. You do not have to be a have, but I believe that they are per- Mr. President, that are listed in obstet- doctor to know that, given the cir- haps the most respected organization rics manuals because they can and do cumstances involving a woman’s directly involved with this particular occur. Physicians should be prepared health, we have to come up with some issue. They do not deal with hearts. for them, and should know the proper legal protection. They do not deal with brains. They do ways to treat pregnant women who de- In the 1975 case of Planned Parent- not deal with feet. They deal with preg- velop these serious conditions. hood versus Danforth, the Court said nancy. They deal with fetuses. They There are specific cases that graphi- you cannot force a woman and her phy- deal with wombs and uteruses and cer- cally illustrate the answer to the ques- sician to terminate her pregnancy by vixes and all of the things we have had tion posed so often by those on the methods more dangerous to her health graphically depicted. They are the ex- other side of this amendment: Why not than the method outlawed. In other perts. deliver? I want to cite a few because I words, you cannot risk creating a more Here is what they also tell us, and think this is really the crux of the egregious health set of circumstances they cite manuals like this, the Clin- issue. for the mother. ical Manual of Obstetrics, from the These are the specific cases. A And then in Thornburgh versus Medical School of the University of woman in her 25th week is hem- American College of Ob-Gyn’s in 1986, California, Davis, or the Manual of Ob- orrhaging with internal injuries. Her it says you cannot force a mother to stetrics, with contributions from re- blood would not clot, leading to uncon- bear an increased medical risk to save spected obstetric professors from trollable bleeding. Delivery by c-sec- a viable fetus. You may not trade off around the country. tion or induction was impossible, be- the mother’s health for the fetus’s They say that there are cases when cause c-section and its increased blood health. pregnancy termination is required. loss posed significant risks. Induced de- That is what the Court says. Pregnancy termination. Now, keep in livery would take too long. Because of So, Mr. President, over the last 6 mind, there is a difference between the risks to the mother’s life and months, we have worked, asking, if we pregnancy termination by delivery and health and the low chance of fetal sur- want to act in the Senate and not by abortion. I think everybody in this vival, termination through abortion worry about being overturned by the Chamber would agree that there are was chosen because it could not be de- Court 3 months later, how do we deal some cases when pregnancy termi- livered. with these things? How can you ensure nation is required, but pregnancy ter- It has always concerned me that that we are not going to be back here mination may be delivering a live some say we ought to prohibit abortion this fall or next year having been de- fetus, a child. And what we are saying except in cases of immediate life clared unconstitutional? What do we do in our legislation is that in every case endangerment—that they are unwilling about these Court decisions? They are where it is possible to deliver a viable to recognize that there also may be not just there as guidance. They are fetus a doctor must do that—must. But cases involving serious health there as law. We do not have the lux- there are cases when, unfortunately, endangerment. How is it that life and

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4541 death are so clearly delineated, that the woman’s cervix—the only option on the floor in the last couple of days. health never falls in between them? If left for the doctor—in order to widen You can agree or disagree with its find- there are cases involving death, would the opening enough to deliver the ings, with its recommendations, but there not also be cases involving fetus. they did say, quoted in the report: ‘‘Ex- health? And who but the doctor decides Manual stretching was not success- cept in extraordinary circumstances, when the mother’s life is endangered? ful. In addition to being very difficult, maternal health factors which demand If we are making liars of all ‘‘abortion- it also poses great risks to the woman’s termination of the pregnancy can be ists,’’ would we not be making liars of health and future fertility because accommodated without sacrifice of the doctors who are doing their best to such stretching can permanently dam- fetus. * * *’’ save the mother’s life, who decide that age the cervix, risking hemorrhaging. And we say, ‘‘Hurrah, absolutely. termination of a pregnancy through Without complete dilation, the fetus That is exactly what we are trying to abortion may be required, as is allowed suffocates. Evacuation must be ef- do. Let us not end the fetus’s life if it in H.R. 1122? fected by any means, and in this tragic is at all possible.’’ But keep in mind Case No. 2: A 23-year-old woman in case, that evacuation of the fetus was that first phrase, ‘‘except in extraor- her 24th week presented with by the D&X procedure. dinary circumstances.’’ I have just preeclampsia and deteriorating kidney These were real cases. These did not tried to give you some extraordinary function. Doctors tried to induce deliv- come from ‘‘abortionists.’’ These were circumstances—not figments of some- ery early. After 3 days of unsuccessful doctors trying their very best to help body’s imagination, but real life situa- attempts, induction was still not pos- the fetus and the mother to survive. tions presented to us by real life doc- sible. At that time, the woman’s failing That is what they were trying to do. tors who said, ‘‘We are going to do ev- kidneys became completely nonfunc- They were not in the business of abor- erything possible to save the fetus, but tional, risking permanent kidney fail- tion. They were in the business of life. there are,’’ as the AMA has said,’’ ex- ure. Recognizing that induction was What do you do in cases like this? traordinary circumstances that cannot impossible and c-section totally out of Say that the Government has ruled be wished away.’’ the question, the pregnancy was termi- that these are all impossible? Would So, who should decide when the med- nated to save the woman’s health—ter- that be our response? ‘‘The Govern- ical risks are serious enough? Who minated by abortion. ment has ruled that none of these cases should decide? The Government or the Mr. President, there are others. I will exist; it is all a figment of your imagi- doctors? read one provided to us by a trauma nation. You are trying to abort. Don’t I believe that H.R. 1122, having laid it surgeon whom I know well—highly re- kid us, we know better. We are the out as clearly as I know how to lay it garded, nationally recognized. A pa- Government. We can decide for you. We out, is unconstitutional. Because doc- tient in the 6th month of pregnancy will tell you. None of these are pos- tors can use other procedures, it will was severely injured in a motor vehicle sible. You are lying to us.’’ Is that not stop a single abortion. I am still collision. She sustained multiple frac- what we want to say? Do we really absolutely convinced it is a procedure tures to her extremities and a critical know better than this trauma surgeon? that ought to be abolished. But if we head injury, developed adult res- Do we know better than these physi- are trying to find ways with which to piratory distress syndrome, massive cians who have been there, who have deal with circumstances in real life, in- pulmonary inflammation. Her lungs had blood on their hands, who have volving efforts to stop abortion after a were stiff and it was impossible to ven- tried to save a mother’s life and a fetus is viable, H.R. 1122 does not do it. tilate. The trauma staff used every pos- fetus? It will not do it. What we do is simply sible technique to improve the lung Having thought through all of this, say, look, the Constitution has said function, but the size of her uterus and having talked to a lot of our col- that prior to viability, whether you made the ventilator unable to inflate leagues, this is the best, tightest, like it or not, unless you are willing to her lung. After agonizing, consulting toughest language we know how to change the Constitution, prior to via- with the family, the physicians came come up with: bility we may not restrict a woman’s to the conclusion that to protect her It shall be unlawful to abort a viable fetus access to safe abortion. I support a heart and lungs, to save her life and unless the physician certifies that continu- woman’s right to choose prior to via- her long-term health, they had to ation of the pregnancy would threaten the bility. But that is not the issue, be- abort. mother’s life or risk grievous injury—griev- cause it is the constitutional require- And finally, Mr. President, a doctor ous injury—to her physical health. ment. from my own State of South Dakota ‘‘Grievous injury’’ shall be defined as: Under our substitute, after viability, related to me a tragic circumstance (a) a severely debilitating disease or im- all procedures are banned with an ex- that completely answers the question pairment specifically caused by the preg- ception only when life and health are of why doctors sometimes absolutely nancy. seriously threatened. I have seen the cannot deliver a viable fetus. A 25-year- That is case No. 1 that I outlined on criticisms. I have seen the arguments old woman arrived at the hospital in the chart. Or: that, ‘‘Well, a doctor certainly can do active, spontaneous labor in her 25th (b) an inability to provide necessary treat- his own thing. Who is looking? A doc- week of pregnancy. The fetus was in ment for a life-threatening condition. tor can just lie.’’ But a doctor who is the breech position, its feet coming out That is case No. 2 that I outlined in caught lying—and the mother, the fam- first. Because of the breech position, my chart. ily, a nurse, somebody in the hospital, the woman’s cervix was not fully di- ‘‘Grievous injury,’’ we further elaborate, anybody, anybody can call attention to lated. Even though most of a preterm ‘‘does not include any condition that is not the fact that he lied—and when he is fetus can pass through even a partially medically diagnosable or any condition for caught he is subject to perjury charges, dilated cervix, a normal fetal head is which termination of pregnancy is not medi- $100,000 fine and revocation of his li- sometimes too large to be fully deliv- cally indicated.’’ cense in the first instance; the second ered and becomes stuck. It is not The American College of Obstetri- time, permanent revocation of his li- stopped by the physician, prevented cians and Gynecologists have been very cense—the loss of his ability to prac- from coming out—it is tragically, but helpful to us in trying to work through tice—and a $250,000 fine. naturally, trapped. this. They say that this is acceptable— I would be willing to look at any In this case, the fetus was already in they have endorsed our substitute—be- other way with which to ensure that the process of preterm, spontaneous de- cause it includes ‘‘an exception when it we keep a doctor honest. But I must livery, and because it could not be is necessary for a woman’s health * * * say, there is no assurance that a doctor completely delivered, it was impossible physicians [have] to make judgments is being honest under H.R. 1122. How do to further dilate the woman artifi- about individual patients,’’ as these we know that a doctor did not perform cially. Manual stretching of the cervix cases would dictate. a dilation and extraction procedure on was necessary to create a wide enough There is a similar recommendation a woman? How do we know that? He opening for complete delivery. This in the AMA Board of Trustees draft re- must certify—right? That is the only South Dakotan doctor tried pulling at port just released and so often raised way we know, if he certifies. Actually,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4542 CONGRESSIONAL RECORD — SENATE May 15, 1997 under H.R. 1122, he does not even have flaws in his legislation, as well-inten- We said we were going to make assault to certify, as he must under our sub- tioned as I believe it is. weapons illegal, but we are going to stitute. Under H.R. 1122, the doctor The Senator from South Dakota re- give the person selling the gun the must simply assert that the abortion ferred over and over again to how these ability to determine what an assault was necessary to save the mother’s life different procedures that are not weapon is. That is what we have done if the situation is reported or inves- banned by the partial-birth abortion with the Daschle amendment. It has tigated. Why is it that he cannot lie? ban, H.R. 1122—he kept saying this is given the person performing the abor- Why is it that they are not just as vul- no ban, this is no ban. I suggest, as tion certification dispositive, conclu- nerable to doctors who may try to find carefully as the Senator tried to con- sive authority to determine what is a a way around the law in this case? Why struct this amendment, that in fact his health reason. is it assumed doctors are less likely to bill is no ban either. It allows for two I agree that is what Roe versus Wade lie about a woman’s life being threat- determinations to be made, two issues says, but the fact that the Daschle ened than about her health being to be left to the discretion of the doc- amendment parrots that shows that threatened? tor, which creates the loophole by there will be no change in the way doc- Mr. President, I think the Wash- which not one single abortion will be tors view this issue. There will be no ington Times last Friday had it right. banned under this procedure. change. We spare viable fetuses. Our proposal is I do not say that lightly. I say that The second issue is the issue of via- stricter than the one pending. with the very strong conviction that bility, and I think Senator DASCHLE There are a lot of people who wish to what will happen as a result, if this bill points up very accurately the progress be heard, and I yield the floor. were to become law and signed by the we have made since Roe versus Wade in Mr. SANTORUM addressed the Chair. President, there would not be one less the area of viability, but, again, the The PRESIDING OFFICER (Mr. abortion done in this country. There only way you can for sure determine KEMPTHORNE). The Senator from Penn- would not be one abortion banned in whether a child is viable is to try to sylvania. this country. save the child. There is no way that a Mr. SANTORUM. Mr. President, I see The reason I say that—and I will talk doctor can look into the womb of a a lot of Members here and I will keep about two particular areas. I will be mother and say this child will survive my remarks brief in order to give them brief. I will get into this in more detail and this one will not. You cannot do it. an opportunity to speak. But I, too, later, because I know there are people They might have guesses, but we have just want to get in a couple of points in who want to speak. I am going to be cases of children surviving at 22 weeks, response, and a comment. First the here. They have things to do. 21 weeks, not many, very few, maybe I will talk first about the health ex- comment. only singular cases. But how do we ception. I showed the quote today from That is, I very much appreciate what know unless we deliver the baby alive, Dr. Warren Hern. Again, Dr. Hern is an the Senator from South Dakota has and births after 20 weeks are almost authority on abortion procedures and stated. I respect his opinion. I respect certainly alive if you deliver the baby techniques. He has written ‘‘Abortion the fact that he is trying to make an without doing anything to it. The Practice,’’ Warren M. Hern. This is the effort to deal with a very serious issue, heart is beating. Unfortunately, they and that is abortion in this country, definitive textbook on teaching abor- tion. He does second- and third-tri- gasp for breath. They will be alive, but moving toward making it much more you never know whether they are going rare. Certainly, I do not doubt his in- mester abortions. He does them from all over the world. to survive until you try. tentions at all. I know this is an issue He instructs doctors through his book So to suggest that the doctor can that not only he is struggling with, on and directly on abortion practice. This then define viability by knowing in ad- the issue of partial-birth abortion, but is what Dr. Hern said yesterday to the vance whether this baby is going to other Members who I have talked to Bergen County Record: survive, you cannot do that. What you and who I have heard from directly and I will certify that any pregnancy is a end up doing is, again, leaving the doc- indirectly. This has been an issue that threat to a woman’s life and could cause tor absolute discretion, even at times— has been a very difficult issue for peo- grievous injury to her physical health. I think we are now up to the point at ple to deal with. We are looking for an- Dr. Hern, who does second- and third- 26 weeks you are into roughly 80 per- swers and looking for different ways. I trimester abortions, was commenting cent survival, but you can still say, respect the effort of the Senator from on the Daschle amendment. This is one ‘‘Twenty percent don’t survive, and I South Dakota to do what he believes is of the leading people in this field. I just make a determination this is one of the right. suggest that Dr. Hern, while I could 20 percent.’’ It is a reasonable judg- I hope, and I would just offer this— not disagree more with what Dr. Hern ment call. There is no way you can sec- while I do not agree in the assessment says, the fact of the matter is that he ond-guess it, because there is no way to of the Senator from South Dakota as can stand there and, in good con- know for sure. to what his bill does, we have an hon- science, say that to not only the Ber- You have, literally, up until 26, 27— est disagreement on that. And I think gen County Record, but to USA you can go on, there is not 100-percent it is one. I think it is simply a dis- Today—he repeated the statement in certainty survival of viability until agreement on what he believes his bill case there is no validity to the original well into pregnancy, until maybe even does. He believes it does some things. I statement, a different quote, similar in in the 35th week where you have 100- will argue as to why I don’t think it nature—that any pregnancy could be percent chance. So the doctors can al- does what he says it does. Two people a threat and could cause grievous ways say, ‘‘This was one and I certify can reasonably disagree on that. And injury—I know this is the language the it, it is conclusive, it is dispositive,’’ as we will have that debate here today at press keeps honing in on, ‘‘grievous in- it is under Roe versus Wade. length. jury’’ to physical health. Here it is. I am not saying he is changing cur- I will say that I certainly am open to I have a lot of other things I am rent law, but by applying current law, working with the Senator from South going to say about health and why the codifying current law, he accepts the Dakota, and anybody else in this health exception, as drafted in this exception to the overall ban which nul- Chamber, after this day is done and amendment, is a very broad loophole lifies the ban, and so what we have is a this issue is behind us, and hopefully it and will not restrict abortions. The ban that does not do anything. will be behind us soon, to look at other fact that the doctor is the one to cer- Again, I say to the Senator from ways that we can get at these very, tify, what does that mean? That is South Dakota, I appreciate the effort very prickly issues. We can do it in a pretty much current law. The doctor he put behind trying to address this way that can be bipartisan. The people certifies when there is a health reason issue, but it does not accomplish what who are generally concerned about un- to do an abortion, and we say we are was intended. I feel bad about it. I wish born children—I know the Senator going to ban these, but the doctors de- I could stand up here and say this is from South Dakota is. So I just want termine when there is an exception. something that is going to make a to start, having said that, and just ad- I use the example of recently in the positive impact. Look, if I felt that dress the two points which I see are the Congress, we banned assault weapons. this was going to do something to stop

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4543 children from being aborted, I would record in public right now, ‘‘Dr. Hern, The bill before us, H.R. 1122, as pro- sign up right now, but I don’t believe you’re going to jail for perjury if this posed by the Senator from Pennsyl- that it will. legislation passes and you lie about the vania, simply bans a particular abor- I am willing to work in the future if need for unnecessary abortions you tion technique at any point in the we can come up with something that perform.’’ If you don’t go to jail, there pregnancy. Because it would ban the will save children’s lives, count me in. is something wrong with our legal sys- use of a technique during previability, I will say that I was not approached on tem, not with the law as it is written. it would violate the Supreme Court’s this compromise. I was not asked for As to viability, I have no differences standard on viability. Should this lan- my input as the sponsor of the bill that of opinion with the Senator from Penn- guage be passed, in all probability, it is on the floor. That is the prerogative sylvania on viability. He and I agree on would be struck down by the courts, of the people who drafted the amend- the need to find a way to ensure that and the proponents of the legislation ment. That is certainly within the the viable fetus is a top priority, along do know this. realm of Hoyle around here. But if we with a mother’s health in these cir- The Daschle alternative bans all truly want to reach out and try to cumstances, and if it can be delivered postviability abortions. It does not cre- work on something across the chasm, live, it ought to be, regardless of what ate loopholes by allowing other proce- which unfortunately is a chasm that week. So we have no disagreement on dures to be used. Therefore, this has been breached somewhat on the that. Daschle alternative is superior to H.R. issue of partial-birth abortion, I am With regard to making the deter- 1122 because it does ban abortions, it happy to say that maybe as a result of mination, that it is up to the doctor, doesn’t just ban a procedure, it bans all partial-birth abortion, we are begin- let me just say one last thing. I don’t abortions after the point of viability. ning to see that there are real prob- know what the Senator or any other Therefore, it is good public policy, it is lems out there, even those who support Senator who supports H.R. 1122 would good public health and also will stand abortion rights. say if a doctor said, ‘‘Well, I’m going to up to the test of the Supreme Court. So I hope, while I have to stand and take Dr. Hern’s approach ‘to save the I believe there is no Senator who speak against this amendment and life of a mother,’ ’’ which is a clause in thinks a woman should abort a viable urge my colleagues to vote against their bill, ‘‘I’m going to use dilation fetus for frivolous or nonmedical rea- this, because not only does the Daschle and extraction to save the life of the sons. It does not matter what proce- amendment create a ban that has no mother. I can do that. It’s legal.’’ Dr. dure is used. It is wrong and we know limits to it, there is no ban, the Hern should love that language. That it. Therefore, the Daschle alternative Daschle amendment wipes out the par- is still available. bans those abortions. tial-birth abortion ban. So it wipes out So if we distrust the veracity of a However, on the other hand, H.R. 1122 the underlying legislation. In a sense, doctor in my circumstances, I would does not stop one single abortion. For whoever votes for Daschle votes think we would be reciprocal in dis- those who think they support this ap- against banning partial-birth abortions trusting the veracity of any doctor who proach, know that it is unconstitu- because under the Daschle amendment, could use any out and, indeed, they tional and is, therefore, both hollow not one partial-birth abortion will allow an out, not to mention all the and ineffective. stop. Not one. So if you vote for this other alternative abortion procedures. Let us be clear. A vote for the under- amendment, you vote against the un- So there are differences between us lying bill will be both hollow and inef- derlying bill and replace it with some- in spite of the good intentions we have, fective. It will attempt to ban a par- thing that, as well-intentioned as it in spite of the fact I know we both ticular procedure, but allows doctors to may be, does nothing to limit late- want to come to the same conclusion. simply go to another procedure. term abortions, the fifth, sixth month Mr. President, I yield 15 minutes to The Daschle alternative does ban and beyond. the distinguished Senator from Mary- abortions. It says that a woman cannot I had to rise in opposition. I respect land. have an abortion once the fetus is via- the Senator from South Dakota. I look The PRESIDING OFFICER. The Sen- ble. We talk about then ‘‘What is via- forward to engaging further in this de- ator from Maryland is recognized. ble?’’ It means surviving outside of the bate. I yield the floor. Ms. MIKULSKI. Thank you very womb with or without life support. Mr. DASCHLE addressed the Chair. much, Mr. President. Medical advances are the ones that will The PRESIDING OFFICER. The Sen- Mr. President, I rise in strong sup- determine what enables a fetus to be ator from South Dakota. port of the Daschle alternative, and I viable. Mr. DASCHLE. Mr. President, let me do so because of three reasons: No. 1, it Let me tell you what else I like respond quickly because many Sen- preserves Roe versus Wade; No. 2, it about the Daschle alternative. The ators are seeking recognition. I appre- prohibits all postviability abortions; health of the mother is rigorously, in- ciate the tone of the Senator’s re- and No. 3, it provides an exception for tellectually defined, but it is also com- sponse. I also acknowledge that the the life and the health of the mother, passionate. Under the Daschle alter- Senator from Pennsylvania is certainly which is both intellectually rigorous native, the only time an abortion well intentioned. I respect the fact that and compassionate at the same time. would be allowed—other than saving he is also trying to find a solution. I The Daschle substitute respects the the life of the mother—is when the was perhaps sent the wrong message Supreme Court’s ruling in the Roe de- woman faces a medical crisis that is about his desire to become a construc- cision. When the Court decided Roe, it grave and severe. And it defines that as tive partner in the dialog when I read was faced with the task of defining circumstances that ‘‘threaten the his criticisms of the effort several when does life begin. Theologians and mother’s life or risk grievous injury to months ago. I take responsibility for scientists differ on this. People of good her physical health.’’ perhaps misinterpreting his criticisms. will and good conscience differ on this. But I want to be very clear in this. But, nonetheless, I do believe he is well So the Supreme Court used viability as The Daschle alternative does not cre- intentioned. its standard. Once a fetus is viable, it ate a gaping loophole with its health It is ironic that we both come to the is presumed not only to have a body, exception. We are not loophole shop- same conclusion. The Senator from but a mind, a spirit and a persona that ping when we insist that the Constitu- Pennsylvania has offered legislation has standing in our society and in our tion requires, and the reality of wom- that will clearly not stop one abortion courts. Therefore, it has standing en’s lives demands, an exception for because every other abortion procedure under the law as a person. women’s health. is available. He recognizes that. So I The Daschle alternative respects that The health exception in the Daschle don’t know how anyone could argue key holding of Roe. It says after the alternative has been carefully devel- that his ban of a procedure is a ban of point of viability, no woman should be oped. I know that the Senator has con- abortion, because it doesn’t stop all of able to abort a viable fetus. There sulted with medical ethicists, physi- the other procedures. So how does it would only be two exceptions: to imme- cians, as well as constitutional schol- stop abortion? diately save her life, and the other may ars. It is specific and not vague. It is As to Dr. Hern, that man is going to be when the woman faces a serious and meant to cover only the most severe jail, and I will just tell him on the debilitating threat to her health. types of medical conditions.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4544 CONGRESSIONAL RECORD — SENATE May 15, 1997 What kind would they be? Some of seek common ground, the Daschle al- cerned that there might be a lack of these conditions are caused or aggra- ternative is compassionate, intellectu- clarity about some of those issues. vated by the pregnancy itself. For in- ally rigorous. It enables physicians to Before I yield the floor, I wonder if stance, issues like severe hypertension determine what is medically necessary. the distinguished Democratic leader or preeclampsia, which occurs in 5 to 10 I have been troubled by this issue would yield for two questions, if he percent of pregnancies. In severe in- ever since I came to the House of Rep- might? stances, the woman would face severe resentatives more than 20 years ago. I There is some question whether the renal failure, kidney failure, liver fail- am associated as being a pro-choice woman’s physician would be allowed— ure, and ultimately could die. U.S. Congresswoman, and now Senator. the alternative has been criticized be- Other women find themselves at risk What does pro-choice mean? It is not cause it allows the woman’s physician for serious heart damage as a result of that I am for abortion. I do not believe to make the medical judgment regard- peripartal cardiomyophy. These women that abortion is an unlimited right. ing the woman’s need. have no previous history of heart dis- But I believe it is the woman, in con- Could you tell me what procedures ease. It is the pregnancy itself that sultation with the physician and the your alternative provides so that a puts them at risk for cardiac failure. family affected, who should decide. physician does not abuse the strict Would anyone argue that this is not a Through the grace of God, I have standards provided for in your meas- profound health crisis? been granted the faith of being a ure, and what enforcement tools there There are other complications. Roman Catholic. I will be eternally would be so we could trust the doctors? Women with existing hypertension grateful for that gift of faith. But with Mr. DASCHLE. Well, I appreciate the often find their condition dangerously that gift came two other gifts, one of Senator’s question. aggravated by the pregnancy. Com- hope and one of compassion. I hope to Let me just say that, first of all, the plications of hypertension occur in 10 live as a Catholic; I hope to be able to circumstances involving a doctor’s role to 40 percent of these patients. These die a Catholic. I feel that the Daschle are identical between the bill offered, women are at risk for organ failure, alternative gives us an option that is which is pending, S. 6, and our legisla- seizures, or even death. not only constitutionally defensible, tion. A doctor makes the determina- Women who suffer from diabetes may but is medically and morally defen- tion in their case whether or not a life find their condition exacerbated during sible. And I hope that finally we can is affected and can make the deter- pregnancy, so severe that it could lead bring this debate and this discussion to mination to use their procedure, the to blindness or amputations. And in the end. procedure that is outlawed, I should some instances, where the woman is Last year, we voted 52 times on the say, if in their opinion a life is af- carrying a fetus with severe anomalies, subject of abortion. Was the public fected. she is at risk of uterine rupture and served by it? Were women served? I What we say is that a doctor has to the loss of future fertility. don’t know. I do not think so. So, make the decision, but we limit the These are real, undeniable severe please, let us take politicians out of definition of ‘‘health’’ and ‘‘life’’ to in- medical complications. While they are this conversation. Let us put doctors clude only grievous circumstances. And rare, they do occur. Senator DASCHLE’s back in because if we truly cannot we define ‘‘grievous circumstances’’ as alternative addresses this reality. trust the decisions in the medical pro- severely debilitating diseases specifi- It recognizes that to deny these fession, then I do not know who we can cally caused by pregnancy or an inabil- women access to the abortion that trust. You ask the American people, ity to provide necessary treatment for could save their lives and health would who do you trust more, your doctor or a life-threatening condition. be unconscionable. When the continu- your politician? I do not think they Then we say what it is not. It is not ation of the pregnancy is causing these would debate as long as we will be de- any condition that is not medically sorts of profound health problems, a bating this issue. diagnosable or a condition for which woman’s doctor must have every tool Before closing, let me just extend my termination of the pregnancy is not available to respond. deep appreciation for the work our medically indicated. There are also cases where a life-en- Democratic leader has done on this In a previous provision of the bill, we dangering condition, unrelated to the issue. He has been heroic, faithful and say that termination of a pregnancy pregnancy, arises and cannot be prop- determined. must first include the possibility of a erly treated because of the pregnancy. He has reached out to every Member live birth. It must include that. Then For instance, in the course of her of the Senate. He has consulted a wide we say, if you violate it, you are going pregnancy, if a woman is defined as range of medical professionals, law- to lose your license, you are going to having breast cancer, leukemia or yers, and legal and ethical scholars. He pay $100,000; and then $250,000 and you some other form of cancer, she could has been absolutely committed to find- are going to lose your license for good, not have her chemotherapy or radi- ing a solution that is passable, sign- and you are going to be subject to ation because it would cause profound able, and constitutional. I believe he charges of perjury if you lie. fetal mutation. has succeeded. We make anybody who wants to Doctors are faced with choices. Moth- So I thank him. And I compliment bring charges able to—a nurse, a fam- ers and fathers will be faced with his excellent staff, Laura Petrou, Caro- ily member, somebody in the hospital— choices. The question is, who decides? I line Fredrickson, and Amy Sullivan, anybody who has any question about do not think it should be done on the who have done truly outstanding work whether or not the right decision was floor of the U.S. Congress by politi- in developing the alternative before us. made can bring a charge. cians. I believe the decisions should be Mr. President, today we have the op- So we have done everything we can, I made in a clinical situation between a portunity to do something very impor- would say to the Senator from Mary- doctor, the mother, and her husband. I tant. We can move beyond soundbites land, to get at the legitimate concern support the Daschle alternative be- and politics, and do something real, that somebody could abuse this. cause it would provide this health ex- something which I know reflects the Ms. MIKULSKI. Thank you, Mr. ception and allow the physician and views of the American people. Leader. I appreciate that. the family affected to make the deci- We can pass the Daschle alternative. I think that spells that out. sion that is medically appropriate to We can say that we value life and we Now, one of the reasons I support address very grave health situations value our Constitution. We can make your alternative is because I truly be- that a woman may face. clear that a viable fetus should not be lieve it will prevent abortion, particu- That is why the Daschle alternative aborted. We can say that we want to larly postviability abortion. is so important. That is why the save women’s lives and women’s Can you assure me that your alter- Daschle alternative is critical to pas- health. native—assure those who also want to sage. For those who are serious about I urge my colleagues to support the ban all postviability abortions that banning postviability abortions, the Daschle alternative. your alternative would do so? Daschle alternative is the only alter- I respect people on the other side who Mr. DASCHLE. Well, that is really native. For those who really want to have differing views. But I am also con- the fundamental difference between

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4545 the two pending bills. We ban abortion; health parity, most of us now realize vast majority of them—according to they ban a procedure. They allow all that there is a connection between Dr. Haskell 80 percent—are elective the other abortion procedures avail- mental and physical illnesses. They are abortions. That is a fact. Those are the able—dilation and evacuation, induc- not mutually exclusive. Women with facts. We cannot change those facts, tion, hysterotomies—those are still le- serious psychiatric diseases who risk which means that this amendment does gally available. But what we ban are psychotic breaks that would leave not deal with that. It does not deal all of those procedures, all of them, and them nonfunctional may have physical with all those abortions at all. affix the penalties that we have dis- manifestations of those psychiatric But let us go beyond that, because cussed. conditions. If such physical manifesta- what this amendment says is the doc- So I would say with absolute cer- tions take the form of severely debili- tor has to certify. But even before he tainty to the Senator from Maryland tating impairments, they would be cov- gets to the certification process, he that we do everything within the con- ered under the health definition. I do makes a determination about viability. stitutional parameters available to us not know if any cases would fall under If he says ‘‘not viable’’ then that is it; to stop all abortions. that strict standard, but we cannot an- it ends the debate. Only if he or she Ms. MIKULSKI. Many States have ticipate every medical circumstance. then says this child is viable, the fetus enacted their own laws on postviability Ms. MIKULSKI. I thank the leader is viable, then the language kicks in. It abortion. My own State of Maryland for his explanation. says the doctor must certify. has a law that bans postviability abor- I want to thank the Democratic lead- I would submit that once the certifi- tions. It was approved by the voters of er for the excellent work he has done. cation takes place, that is it. And, Maryland in a referendum. The Mary- I intend to support his alternative. again, it is solely within the discretion land law says a postviability abortion Mr. President, I yield the floor. of the doctor whether certification is only allowed when it ‘‘is necessary Mr. DEWINE addressed the Chair. takes place or does not take place. The to protect the life or health of the The PRESIDING OFFICER. Who operative act is not an objective stand- woman; or the fetus is affected by ge- yields time? ard; it is the certification in and of netic defect or serious deformity or ab- Mr. DEWINE. Mr. President, on be- itself. That ends the discussion. That is normality.’’ Other States have even half of the manager of the bill, I yield it. more far-reaching bans. myself 10 minutes. Let me, if I could, Mr. President, How does the bipartisan alternative The PRESIDING OFFICER. The Sen- recap where we are and what I think affect Maryland law, which the people ator is recognized. we have learned in the last few days. of Maryland endorsed through ref- Mr. DEWINE. Thank you, Mr. Presi- But before that, of course, with testi- erendum? dent. mony in the Judiciary Committee on Mr. DASCHLE. The alternative does Mr. President, I rise in reluctance, several different occasions, the other not prohibit a State that already has a but very strong opposition, to this floor debates that we have had, I think postviability ban from retaining its amendment. I join with the comments we have established certain things, State law. Especially in a State such as that my friend, Senator SANTORUM, has that certain things are uncontroverted. Maryland, where the people decided made about our colleague, the distin- We have all seen the graphic descrip- that the health definition you outlined guished minority leader. I think he has tions of what happens in this proce- was the most appropriate way to deal made a very honest attempt to deal dure. There is no dispute about that. with women’s health, States should be with this issue. But I would like to ex- There is no dispute about the horror. allowed to either retain their own laws, There is no dispute about the tragedy. plain over the next few minutes why I or enact this alternative. We believe I believe it has been established and believe that this attempt has failed and we have provided an appropriately recognized from the AMA to Dr. C. why I believe that this amendment, clear and tight definition. States with Everett Koop that this procedure is however well intentioned I know it is, even more restrictive laws may dis- never the only procedure that will save is a gutting amendment and how this agree, and we do not preempt their the life, or the health, of the mother. amendment strips really everything laws, either. I think we have established that even The alternative would not displace away. when the baby, for medical reasons, any comprehensive State postviability It is really not the Senator’s fault. I must be separated from the mother, abortion bans, in whole or in part, cur- do not know if it is anyone’s fault. But there is no reason to kill the baby. The rently in effect. The bipartisan alter- the reality is, we have to live with pre- termination of pregnancy is not the native would not displace any proce- vious Court decisions and we have to same as an abortion. dure-specific restrictions or any other live with a whole body of law. Legisla- I think the evidence is clear that the abortion-related State statutes. How- tion that we write has to take that real reason this procedure is done is be- ever, if a State has no comprehensive into consideration, how words have in cause it is easier for the abortionists. postviability ban in effect—either be- fact been defined. We have heard what Dr. Martin Has- cause none has been enacted or because The Supreme Court has made it kell, the abortionist from Dayton, OH, a ban has been repealed or invalidated abundantly clear in the Bolton case has to say. I read his quote yesterday. by the courts—the bipartisan alter- how broad the language of ‘‘health’’ is, This is what he says in part: ‘‘The goal native would take effect in that State. and when there is a health exception of your work is to complete an abor- The effect of the bipartisan alternative what that really does, and that every- tion.’’ To complete an abortion. That is is to ensure that there is a thing is taken into consideration. the goal. postviability abortion ban in effect in I understand the Senator has tried to So we know, Mr. President, why every State. craft this legislation maybe to deal these babies are killed—not for health Ms. MIKULSKI. The bipartisan alter- with that. I do not think it can be reasons, not because the mother needs native has a very narrowly drawn defi- done. I do not think, in light of those it, not because the baby cannot be de- nition of the health situations under cases, that that really can be done at livered and may be saved, but because which a postviability abortion would all. an abortionist does not want the baby be allowed. It says that the physician But let us walk through, for a mo- to survive. must certify that ‘‘continuation of the ment, what has to take place. The word That is the object. That is what Dr. pregnancy would threaten the mother’s ‘‘certification’’ is important because Haskell says in his quote. life or risk grievous injury to her phys- what this amendment says is—you The amendment that is before the ical health.’’ have several issues, but they are all de- Senate purports to deal with the issue Does this mean that there are no sit- cisions, let us keep in mind, that are of health. The amendment would ban uations when a woman with a profound made by the attending physician, by postviability abortions unless ‘‘the mental health problem would be per- the person performing the abortion. physician certifies’’—the operative lan- mitted a postviability abortion under You start with the issue of viability. guage—‘‘that the continuation of the your bill? Now, the reality is —you cannot pregnancy would threaten the mother’s Mr. DASCHLE. As we discussed last change the reality—the vast majority life or risk grievous injury to her year during the debate over mental of these occur before viability. And the health.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4546 CONGRESSIONAL RECORD — SENATE May 15, 1997 As I mentioned in my statement yes- clearly would render this bill meaning- holes, they will find them in H.R. 1122, terday, I believe it is clear this amend- less. The courts, in interpreting the as in our bill. ment—and the Court cases show—this meaning of the word ‘‘health,’’ were ac- But, again, I reiterate that Dr. Hern, amendment would do nothing to stop corded the broad interpretation that with our language, will go to jail, will partial-birth abortion. To the contrary, the Supreme Court has consistently ap- go to jail. it would allow any abortion, any abor- plied. I yield 10 minutes to the distin- tion, Mr. President, to be performed. My colleague from Pennsylvania, guished Senator from Maine. Roe versus Wade provides, as we all Senator SANTORUM, has already read The PRESIDING OFFICER. The Sen- know, that in the third trimester there the quote from Dr. Warren Hern, but it ator from Maine is recognized. is a legitimate State interest in prohib- is appropriate to hear it again because Ms. SNOWE. I thank the Senate mi- iting abortions after fetal viability. it is directly on point to this issue. Dr. nority leader for yielding me this time, This amendment would add a health Warren Hern, a Colorado abortionist but, more importantly, I secondly want exception to the underlying bill. That who has performed hundreds of late- to commend him for his refreshing ap- sounds good on its face, it looks good, term abortions, has already stated that proach in trying to craft a consensus but when you look at the Court deci- he will certify that any pregnant on what is obviously a very difficult sions and when you look at the reality woman can meet the standard of the issue when it comes to the problem of of how this would work in the real DASCHLE amendment. ‘‘I will certify late-term abortion. He has shown de- world, we find that exception expands that any pregnancy is a threat to a termination and persistence and dedi- in practice. woman’s life and could cause grievous cation in arriving at this compromise. There are no health circumstances, injury to her physical health.’’ Any I think that if more people in this body the evidence has clearly shown, that pregnant woman. took that approach on the most con- require a pregnancy be terminated by So, Mr. President, there we have it. tentious issues, we would not be stand- administering this particularly hor- Under this exception, any abortion ing here today even debating this one. rible procedure. Yesterday, I quoted would be permitted. When we have the This is a very difficult issue. But the Dr. Nancy Romer, chairman of ob-gyn testimony of America’s most respected compromise that the Senate minority and a professor at Wright State Univer- doctor, Dr. C. Everett Koop, backed by leader has worked out clearly rep- sity Medical School in Ohio. Dr. Romer the American Medical Association in resents a serious attempt in bridging said, support of the assertion that there is the differences on this issue, but also This procedure is currently not an accept- never a medical necessity for this pro- an attempt to address a very divisive ed medical procedure. A search of medical cedure, it is clear what the health ex- issue. literature reveals no mention of this proce- ception is. I had to reread the legislation after I dure, and there is no critically evaluated or Mr. President, unfortunately, trag- heard several interpretations of it peer review journal that describes this proce- ically, that purported exception is a today. The Senate minority leader’s dure. There is currently no peer review or ac- legislation will ban all postviability countability in this procedure. It is cur- hoax, it is a sham, it is a smokescreen, rently being performed by physicians with however well-intentioned the authors abortions. There is one area upon no obstetric training in an outpatient facil- are. which we all agree, that no viable fetus ity behind closed doors and with no peer re- In conclusion, Mr. President, when should be aborted by any method un- view. you come down to it, I think it is a less it is necessary to protect the life Dr. Romer goes on to say, moral dodge. I think it puts us to sleep. and the health of the mother. There is no medical evidence that the par- It is a way we can try to convince our- The difference here today is one tial-birth abortion procedure is safer or nec- selves that it is OK, this amendment is issue: It is whether or not we are pre- essary to provide comprehensive health care OK, even though, in effect, we are tol- pared to provide a health exception. I to women. erating something very, very bad. am very grateful to my colleague from So, Mr. President, it is clear there Mr. President, we are not OK. We South Dakota for trying to find com- are no medical circumstances that know what is going on behind the cur- mon ground on this issue. All Members, would require this procedure. Well, tain and we cannot wish that knowl- pro-choice and pro-life, ought to be then you could argue, if that is true, edge away, however much we would able to come together and agree. Senator DEWINE, why, then, what is like to. We have to face it and we have Mr. President, 41 States, including wrong with putting a health exception to do what is right. That means passing my own State of Maine, already ban in? What harm would that do? If there this bill to ban this barbaric, inhuman, postviability abortions. We all agree are no such circumstances, why not unconscionable practice. that we need to ensure that healthy add a health exception anyway? The Again, with respect to my distin- pregnancies are never terminated after answer is, this health exception is so guished colleague, the minority leader, a fetus is viable regardless of which broad that it would, in fact, swallow up it also means we must vote this amend- procedure is used. That is why the the rule. It is so broad that, literally, ment down. Daschle approach is so important. any abortion would be permitted. I yield the floor. Furthermore, the Daschle substitute How do we know that? When the Su- The PRESIDING OFFICER. The will lower, actually lower the number preme Court handed down its decision Democratic leader is recognized. of abortions in this country as opposed in Roe versus Wade, it also handed a Mr. DASCHLE. I listened with great to the legislation offered by the Sen- decision entitled ‘‘Doe versus Bolton.’’ interest to the distinguished Senator ator from Pennsylvania. Bolton held that a State statute that from Ohio. He mentioned Dr. Hern’s re- The legislation of the Senator from forbade abortions based on a life excep- mark that he would use life or grievous Pennsylvania, S. 6, would not prevent a tion had to be interpreted to mean that injury. That was his term, life or griev- single abortion. Ironically, what it ‘‘the medical judgment’’ to provide ous injury as a reason to continue an would do is force a woman to choose abortion for health reasons ‘‘may be abortion practice. another potentially life-threatening exercised in the light of all factors— I cite his remark because, of course, procedure when it comes to her health. physical, emotional, psychological, the H.R. 1122 uses life as a reason, justifi- It clearly does not make any sense to woman’s age—relevant to the well- ably, to allow the late-term abortion, me that we here in the U.S. Senate are being of the patient.’’ the dilation and extraction method prepared to place a woman’s health in It is clear from other cases how that that the bill otherwise prohibits from jeopardy, place a woman in an unac- is interpreted. That is interpreted, ba- being used. So, if Dr. Hern would use ceptable risk, while doing nothing to sically, to mean that it cannot be en- health, he would use life, as he indi- lower the number of abortions that forced in any way, that health excep- cated, making meaningless the lan- occur in this country. tion consumes everything. guage in H.R. 1122, as well. The Daschle amendment will de- If we pass the Daschle amendment I just hope we apply the same stand- crease the number of abortions and will and require this concept of physician ards to both bills in our debate as to do so without putting a woman’s life certification, that the pregnancy would what the efficacy of language will be. and health on the line. To critics who risk grievous injury, I believe that Indeed, if people are going to find loop- say the Daschle language contains a

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4547 loophole because it leaves it to the doc- threatening condition. Their definition ical injury can only be invoked under tor to determine when the fetus is via- is protecting women from the most se- two circumstances. ble, I ask, who is in a better position rious and life-threatening health risk. The first involves those heart- than doctors to determine this? Cer- This narrow definition comports with wrenching cases where a wanted preg- tainly not the Federal Government. again the American Medical Associa- nancy seriously threatens the health of Certainly not the U.S. Senate. I know tion’s position that postviability abor- the mother. The Daschle language some would think they are omnipotent, tion should only be used under those would allow a doctor in these tragic but certainly not the U.S. House of extraordinary circumstances when it cases to perform an abortion because Representatives. Certainly not politi- absolutely is necessary to preserve the he believes it is critical to preserving cians making this determination. This life and health of the mother. The the health of a woman facing cardiac is a determination that should be made Daschle substitute is narrowly tailored failure: by the physician and the physician to allow postviability abortions only Peripartal cardiomyopathy, a form of alone. under these extraordinary cir- cardiac failure which is often caused by In fact, the report that has been tout- cumstances. the pregnancy which can result in ed here by the American Medical Asso- This language could not be more death or untreatable heart disease; pre- ciation, which I find quite interesting, clear. How can you second-guess what eclampsia, or high blood pressure, is a 35-page report. I know that pro- is grievous? How could you second- which is caused by a pregnancy which ponents of S. 6 and the legislation sup- guess the penalties that are included in can result in kidney failure, stroke, or ported by the Senator from Pennsyl- this legislation? How could you second- death; uterine ruptures, which could vania touts this report, but this report guess the notion of going to jail? result in infertility. did not even come down in support of There is no question that any abor- Is anyone suggesting here that we the Senator’s legislation after 35 pages. tion is an emotional and difficult deci- should not allow exceptions in these But in this report that was released on sion for a woman. When a woman must very serious health circumstances—cir- cumstances that are not excepted in Tuesday by the American Medical As- confront this decision during the later the language that has been proposed by sociation, it states, ‘‘It is the physician stages of her pregnancy because she the Senator from Pennsylvania? Imag- who should determine the viability.’’ knows that the pregnancy jeopardizes ine: A form of cardiac failure that Exactly. her very life and health, such a deci- causes death would not be excepted. But it is not only the American Med- sion becomes a nightmare. And we High blood pressure that can result in ical Association who says the viability have heard example after example. kidney failure, stroke, or death would of determination should be left to the These aren’t faceless individuals. These not be excepted, or exempted; or infer- doctor. It is also the Supreme Court. In are human beings. These are women— tility. Or the second circumstance that Planned Parenthood versus Danforth, women we know who have faced these would be provided for as an exception the Supreme Court said, circumstances who do not want the U.S. Senate or the U.S. Congress mak- under the Daschle language: When a The time viability is achieved may vary woman has a life-threatening condition with each pregnancy, and the determination ing that decision for them in these that requires lifesaving treatment. of whether a particular fetus is viable is, and very limiting exceptional health cir- It applies to tragic cases, for exam- must be, a matter for the judgment of the re- cumstances. We have no right to be sponsible attending physician. ple, when a woman needs chemo- making that decision. therapy when pregnant. So the family Only doctors are equipped to make The Roe versus Wade decision was faces a terrible choice of confronting this determination. It is not those of us carefully crafted by the Supreme Court the pregnancy, or providing lifesaving here in the U.S. Senate. It is not a bu- 24 years ago. It was designed to balance treatment. reaucracy. It is not the Government. the rights of women in America with These conditions include breast can- We want our physicians to make that reproductive decisions that have to be cer, lymphoma, which has a 50-percent determination. made. And they said that the rights of mortality rate, if untreated; primary Now, critics say protecting a woman women are paramount in those deci- pulmonary hypertension, which has a from a grievous injury to her physical sions. This decision held that women 50-percent maternal mortality rate. health does not justify terminating a have a constitutional right to an abor- Are we saying here that the U.S. Sen- later stage pregnancy. tion, but after viability States could ate is saying, ‘‘No, we will not provide I ask again. Who are these politicians ban abortions as long as they allow ex- any exception.’’ I hope not. I hope that to make this heart-wrenching decisions ceptions for cases in which a woman’s would not be the case. And the Daschle for a family when a woman’s life is in life or health is in danger. Let me re- substitute allows for those very lim- jeopardy? To the critics who say the peat that: Allow exceptions for cases in iting but very serious instances of Daschle language contains a loophole which a woman’s life or health is en- health circumstances that could jeop- because doctors can interpret the dangered. ardize permanently a woman’s life, if health exception any way they want, The Supreme Court has reaffirmed not resulting in death. as I say, read legislative language. that decision time and time again. If this Chamber passes this bill with- ‘‘Grievous physical injury’’ is defined Forty-one States have passed legisla- out the Daschle amendment, it will as a ‘‘severely debilitating disease or tion upholding that banning of abor- represent a direct frontal assault on impairment caused by the pregnancy,’’ tions in the later stages of pregnancy, the health of American women. Make or ‘‘an inability to provide necessary except when it comes to a woman’s life no mistake. Innocent women will suf- treatment for a life-threatening condi- or a woman’s health. fer. We must not overlook that wom- tion.’’ The legislation offered by the Sen- en’s lives and health are at stake. They That is very clear. It is very plain. It ator from Pennsylvania does not allow hang in balance. Women who undergo is very strict. It is a very narrow defi- the exception for health. It does not these procedures face a terrible tragedy nition. And, as the Senator from South allow it. In the last year, we heard, of later-stage pregnancy that has Dakota indicated, the penalties are ex- ‘‘Oh, it provides a health exception.’’ through no fault of their own gone ter- tremely harsh, if the doctor didn’t But it is so broad. It just says health. ribly, tragically wrong. make that determination according to It is so broad you could drive a truck I urge my colleagues to support the this definition. through it. Daschle language. It will ensure that If I were a doctor and I read the pen- The Senate minority leader made a no abortions will take place after via- alties in this legislation that became good-faith effort to come up with a bility unless it is absolutely necessary law, I can guarantee you the doctor very narrow definition of grievous in- to avoid grievous physical injury to a would make that determination and jury. You couldn’t get much stricter in woman while protecting the woman’s that definition in terms of what was its interpretation. life and health. grievous, what was a severely debili- So that in certain situations, where a I yield the floor. tating disease or impairment caused by woman’s life and health is in severe Mr. SANTORUM addressed the Chair. the pregnancy or an inability to pro- jeopardy, an exception can be made. The PRESIDING OFFICER. The Sen- vide necessary treatment for a life- The health exception for grievous phys- ator from Pennsylvania.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4548 CONGRESSIONAL RECORD — SENATE May 15, 1997 Mr. SANTORUM. Mr. President, a times in the last Congress on the issue as a freestanding bill. I think it has couple of comments before I yield to of abortion. And she said, ‘‘Are we any problems. I do not think it will do all the Senator from Arkansas. better off?’’ what he believes it will do, what I I want to repeat what was stated by I would suggest that while we debate think he sincerely believes it will do, George Will in a column talking about balanced budget amendments, while we but if he is sincere in this, it will be of- the Daschle amendment. He said, ‘‘The debate chemical weapons treaties, and fered as a freestanding bill, and we will Daschle amendment is a law that is im- while we debate a host of important take this up through the legislative possible to violate.’’ issues, there is no issue more impor- process. All these things sound really wonder- tant to the future of our country, to The reason the President has said he ful. We have these real tough defini- civilization, and to the kind of people will support the Daschle amendment, tions; real tough except for the fact we are going to be than the sanctity of in my opinion, is simply that he knows that you can’t violate the law because human life. If it takes 52 votes, then it it is no ban. It is, in the words of you are giving all of the authority to is worth it. George Will, ‘‘a law that can’t be vio- the doctor to determine whether he Many of today’s politicians will run lated.’’ In fact, the ultimate arbiter be- breaks the law, or she breaks the law. for cover at the very mention of abor- comes the physician, in this case the Wouldn’t you love to have a law tion, even at the term ‘‘partial-birth abortion provider. where you are the self-enforcer of the abortion.’’ How do we call ourselves Seventy percent of the American peo- law? You have to call it yourself be- leaders if we are not willing to grapple, ple say we need this ban and support it. cause, once you sign that certification, to debate, to struggle, to agonize and In March of this year, Arkansas, my it is a conclusion. You cannot be sec- reach moral conclusions as to this home State, joined with seven other ond-guessed. What doctor is going to great issue confronting who we are as a States in banning such a procedure. say, ‘‘Oh. I aborted this baby, and it people and what kind of civilization we The State legislature passed the bill. would have been viable’’? are going to be. Gov. Mike Huckabee signed the bill First of all, no second-trimester baby I heard over and over the proponents into law. And I believe that the home is ever going to be viable by any doctor of the Daschle amendment, the oppo- State of our President has, in enacting doing an abortion. They just won’t be- nents of the ban on partial-birth abor- that legislation, in passing our own cause there is still a percentage that tions, that it is hard to imagine that partial-birth abortion ban in the State aren’t, and they will just say, ‘‘It is not we would be debating on the floor of of Arkansas, they have sent a message viable.’’ They will sign a certification the U.S. Senate with those who would to the President of the United States, saying it is not viable. Next, they will oppose a ban on the most horrific, bar- our former Governor, our native son, sign it saying there is a health prob- baric procedure imaginable. But that is that the people of his home State do lem. Like Dr. Hern said, you can’t get what we are doing. I heard them over not want this procedure legal in this away from the fact that the people who and over say, ‘‘Let’s keep politicians country. are doing these abortions—most of the out of it; shouldn’t have politicians Partial-birth abortion is barbaric; it folks who do them—do them for a liv- getting involved in such an issue’’; sug- is uncivilized; it is shockingly close to ing. They are not going to call it on gested that Government should stay infanticide; and no civilized country themselves—that there really wasn’t a out of the abortion issue. If the protec- should allow it. It is that simple. Any health exception. They are not going to tion of innocent human life is not Gov- woman knows that the first step of a say, ‘‘That is the reason I did this. I did ernment’s duty, then what is? partial-birth abortion—breech deliv- this abortion wrong.’’ Thomas Jefferson once wrote, ‘‘The ery—is something to avoid, not some- What we have here instead of a judge, care of human life, not its destruction, thing to cause purposely. jury, and executioner is executioner, is the first and only legitimate objec- The rhetoric surrounding this issue is judge, and jury. tive of good government.’’ Then Jeffer- amazing. Those who would allow un- As far as I am concerned, George Will son went on. He said, ‘‘Legislative ef- limited partial-birth abortions charac- is absolutely right. This is a law that forts to protect the weak and defense- terize the procedure as one that is used cannot be violated. As tough as all of less are right, and should be pursued.’’ very rarely and only in an absolute this sounds, as persuasive as some of Isn’t that the proper role of Govern- emergency and only where no other his arguments that they really care ment—to protect those who are weak, procedure is available. They would about limiting abortions, it will not to protect those who are defenseless? have you believe that all those who stop one abortion. Should we not, in Jefferson’s words, have this procedure want to carry their At least what the underlying bill ‘‘pursue’’ those legislative efforts? I be- pregnancy to term and have the child. does is outlaw a procedure that is so lieve we should. These claims are simply wrong and far outside of what our country should To me it is the great irony of the they are unfounded. A quote that is ex- permit, and at least take the step in Daschle amendment because in every tremely interesting to me is from Jean the right direction of providing some speaker who has advocated and spoken Wright, associate professor of Pediat- sense of humanity to those little chil- in favor of the Daschle amendment rics at Emory University. Ms. Wright dren. there has been a dichotomy. There has was testifying against the argument I yield 10 minutes to the Senator been, ‘‘Keep Government out. Oh, this that fetuses who are candidates for a from Arkansas. is tough. This is a tough ban. Keep partial-birth abortion do not feel pain The PRESIDING OFFICER. The Sen- Government out of this. Leave it with during the procedure. She testified ator from Arkansas. the physician. But we will throw that that the fetus is sensitive to pain, per- Mr. HUTCHINSON. Mr. President, I physician in jail. The Daschle abortion haps even more sensitive than a full- thank the Senator from Pennsylvania ban spares viable fetuses, proposals term infant. She added, and this is the for yielding. stricter than the GOP measure. They part that is especially striking, ‘‘This Mr. President, I rise in respectful but will throw him in jail, and then, keep procedure, if it was done on an animal very, very strong opposition to the Government out.’’ in my institution, would not make it Daschle amendment. To my colleagues, I say you can’t through the institutional review proc- I want to commend the Senator from have it both ways. It is clever. It ess. The animal would be more pro- Pennsylvania for his courageous lead- sounds good. The reason we have this tected than this child is.’’ ership on an issue that deserves to be amendment today is because the polls It is incredible. We are protecting debated and a ban which deserves to be say that 70 percent of the American animals better than we protect unborn, passed. people support a ban on this terrible, viable fetuses. Making one class of hu- I believe that abortion and the terrible medical procedure, if you can manity expendable, I believe, devalues human life issue in this country are call it a medical procedure—partial- all humanity. In fact, the rejection of the great moral issues that confront birth abortion. life’s sanctity begins a downward jour- our society. That is why this amendment is being ney toward human debasement. I heard my colleague from Maryland, offered. I hope that after this debate is I was interviewed, as we all have Senator MIKULSKI, say that we voted 52 over, Senator DASCHLE will offer this been interviewed, by a reporter. I was

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4549 interviewed yesterday, and the re- violate.’’ He is right. It is an amend- My home State of Arkansas, as I porter asked an interesting question. ment that pro-abortion allies can sup- mentioned earlier, is one of those She asked this: Won’t this ban start us port so they can tell their constituents States that does not share in that opin- down a slippery slope that will end up they supported a ban, I believe. And, ion. banning all abortions? Interesting again, I hope that this will be intro- Moreover, the Physicians Ad Hoc Co- choice of words, ‘‘slippery slope,’’ be- duced as a freestanding bill because I alition for Truth, a coalition of over cause now in this country we debate think in that situation, we will be able 500 physicians, including professors and assisted suicides, we debate partial- to see exactly where the flaws are as it department chairmen in obstetrics and birth abortions. The slippery slope has is debated in a committee, as it is scru- gynecology, has emphasized that not been in our slow debasement and de- tinized. only is a partial-birth abortion never valuing of the worth and sanctity and The Daschle proposal would explic- necessary to preserve a woman’s health dignity of human life. That is the slip- itly allow abortion even in the third or future fertility, but this procedure pery slope. trimester if an abortionist simply as- can, in fact, pose a significant threat Over the last few months there has serts that ‘‘continuation of the preg- to both. been some breakthrough, I think, in in- nancy would risk grievous injury to While there may be a medical cir- formation that is being disseminated. the mother.’’ That is all he has to say. cumstance which requires a fetus to be The confession of Ron Fitzsimmons That’s all the abortionist has to say. In delivered early, there is none—none— was very telling when he admitted that effect, the Daschle amendment would which requires killing the fetus and he ‘‘lied through his teeth’’ to the Na- allow partial-birth abortions on de- certainly none requiring that a fetus be mand in the fifth and sixth months of tion. I cannot help but wonder after partly delivered and then killed as dur- the baby’s development when the vast this vote is over if 2 months, 3 months ing a partial-birth abortion. majority of such abortions are per- down the road we will not find again The Daschle proposal would allow formed. So the vast majority of par- that there has been a campaign of any abortionist to kill a baby even tial-birth abortions—this procedure disinformation to prevent this ban after viability merely by signing a per- that is universally condemned—would from being enacted. I even now ask my mission slip to himself, a so-called cer- be permitted under the Daschle amend- tification, and once the abortion pro- colleagues to look deep within their ment, it would not affect them at all, vider signs such a piece of paper, this souls. They have been misled. They would not stop a one, even though we have been sold a bill of goods. They know that many of those preborn in- amendment would give that abortion have every justification for switching a fants can now survive even before the provider complete immunity from any vote and voting for this ban and voting third trimester because of advanced penalty, even if there is overwhelming to override an expected veto. technology. objective evidence that he aborted a In the vast majority of cases, the proce- I recently visited the Children’s Hos- healthy, viable baby of a mother who is dure is performed on a healthy mother with pital in Little Rock, AR. I was abso- not at risk, because he signed that cer- a healthy fetus. lutely amazed at the neonatal unit and tification. That is what Ron Fitzsimmons said. what is being done today in lowering The House passed H.R. 1122, its That is what he admitted. He is an ad- the age of viability. On the basis of re- version, with a margin sufficient to vocate of abortion. He goes on to say cent published interviews with abor- override a Presidential veto. I hope my that tionists who perform these procedures colleagues in the Senate will join our the abortion-rights folks know it, the anti- as well as the head of the National Coa- House colleagues in such a vote here. abortion folks know it, and so probably, does lition of Abortion Providers, Ron Fitz- There is nothing, I believe, that will everyone else. One of the facts of abortion is simmons, it appears likely that 90 per- define us as a people, there is nothing that women enter the abortion clinics to kill cent or more of partial-birth abortions that will define us as a civilization their fetuses. It is a form of killing. You are more than how we speak on this issue. ending a life. are performed in the fifth and sixth months, not the third trimester. The Mr. President, I ask unanimous con- That is what the head of the National Daschle amendment will not affect sent that a letter dated May 7, 1997, Coalition of Abortion Providers con- those partial-birth abortions at all. from PHACT be printed in the RECORD. fessed. Syndicated columnist Richard One of Senator Daschle’s arguments There being no objection, the letter Cohen admitted he ‘‘was led to believe against adding second-trimester lan- was ordered to be printed in the that late-term abortions were ex- guage is that Roe versus Wade pro- RECORD, as follows: tremely rare and performed only when hibits second-trimester abortions. But PHYSICIANS’ AD HOC the life of the mother was in danger or in the official report of the House Judi- COALITION FOR TRUTH, the fetus irreparably deformed.’’ Real- ciary Committee on the bill, the com- May 7, 1997. izing the mistake, and I quote again, mittee argues that the partial-birth LETTERS TO THE EDITOR, he said, ‘‘I was wrong.’’ abortion procedure is not protected by The Washington Post, Wouldn’t it be refreshing if some of Roe versus Wade. It is not protected by Washington, DC. DEAR EDITORS: Senator Tom Daschle lists those who were misled would simply Roe versus Wade since the baby is say, ‘‘I was wrong. I will change my several medical conditions as indications for mostly outside the womb throughout a ‘‘termination of pregnancy’’ in the health vote.’’ the procedure, and Roe versus Wade re- interests of the mother (‘‘Late Term Abor- Could I ask the Senator from Penn- fers to fetuses inside the womb. tion—In Rare Cases Only,’’ The Washington sylvania for an additional 5 minutes? So to say we cannot address the sec- Post, 5/2/97). However, he confuses ‘‘termi- Mr. SANTORUM. The Senator is ond-trimester issue of partial-birth nation of pregnancy’’ with abortion—the de- yielded such time as he may consume. abortions because it is protected by liberate destruction of the unborn (or, in the Mr. HUTCHINSON. Now we have the Roe versus Wade is to beg the issue and case of the partial-birth abortion procedure, Daschle amendment before us. The to avoid, I think, good legal opinion. the mostly born) human fetus. The two facts have not changed. I think many Many lawmakers who support Roe things are not the same. As specialists in the care and management are beginning to see the truth on this versus Wade also support the Partial- of high risk pregnancies complicated by ma- issue, the truth behind the partial- Birth Abortion Ban Act, some of them ternal or fetal illness (perinatology), we have birth abortion myth. explicitly citing the Judiciary Com- all treated women who, during their preg- The next myth that we have to over- mittee’s constitutional argument. In nancies, have faced the conditions cited by come in this debate is that the Presi- addition, several States have passed Senator Daschle. We are gravely concerned dent and his congressional allies have a bills to ban partial-birth abortions at that the remarks by Senator Dashle and viable alternative to the partial-birth any point in the pregnancy with only a those who support the continued use of par- abortion ban, that this amendment life-of-the-mother exception. It ap- tial-birth abortion may lead such women to that we are debating even now is a le- believe they have no other choice but to pears, therefore, that many State legis- abort their children because of their gitimate alternative to a ban on par- lators do not share the Democratic conditons. While it may become necessary, tial-birth abortions. leader’s view that they are powerless in the second or third trimester, to end a Well, that is a myth. George Will to prevent partial-birth abortions in pregnancy in order to protect the mother’s said, ‘‘It is a law that’s impossible to the fifth and sixth months. life or health, abortion is never required—

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4550 CONGRESSIONAL RECORD — SENATE May 15, 1997 i.e., it is never medically necessary, in order School of Medicine, Bethesda, MD; Na- mother’s rights and decisions are para- to preserve a women’s life, health or future than Hoeldtke, M.D., Maternal-Fetal mount. After viability, the fetus is pro- fertility, to deliberately kill an unborn child Medicine Fellow, Madigan Army Med- tected except in the most extraor- in the second or third trimester, and cer- ical Center, Tacoma, WA; John M. dinary cases. tainly not by mostly delivering the child be- Thorp, Jr. M.D., Maternal-Fetal Medi- Senator DASCHLE, what I find inter- fore putting him or her to death. What is re- cine, Chapel Hill, NC. esting is this: Had you presented this quired in the circumstances specified by Sen- Mr. HUTCHINSON. I thank the Sen- ator Daschle is separation of the child from bill 2 or 3 years ago, and said that you the mother, not the death of the child. ator from Pennsylvania. I yield the wanted to take the Doe versus Bolton Fetal indications have been cited in at- floor. case, which said that we would allow tempts to justify partial-birth abortion, in- Mr. DASCHLE. Mr. President, I yield abortions after viability to protect the cluding hydrocephaly, triscomy, 15 minutes to the Senator from Illinois. mother’s life or health, but you wanted omphalocele and encephalocele. Such fetal The PRESIDING OFFICER (Mr. anomalies alone do not threaten a mother’s to take that language and clarify it so ENZI). The Chair recognizes the Sen- that the word ‘‘health’’ was better un- life or health and therefore do not require ator from Illinois. the death of the child for the mother’s med- derstood and that those violating it ical well-being. Mr. DURBIN. I thank the Chair. would be subject to serious penalties, I Sen. Daschle would limit his ‘‘ban’’ to the There is an old saying that ‘‘virtue is would daresay that you would have third-trimester or ‘‘post-viability.’’ Again, its own reward.’’ I would have to say to been applauded by many of the people there is no medical necessity for killing a the minority leader, Senator DASCHLE, who are going to vote against you post-viable child. If maternal conditions re- that when he undertook this project quire the emptying of the womb post-viabil- today. and this responsibility to try to craft a But they do not accept your sincerity ity, the standard would be to induce labor reasonable answer to this national de- and simply deliver the child. By definition, in this, and I do. I share your feeling. I the post-viable child delivered early is sim- bate on partial-birth abortion, as it is believe that after viability we should ply a premature baby. characterized, he truly understood the apply a strict test as to whether any Moreover, because Sen. Daschle limits his daunting task which he faced. I have abortion procedure is going to be al- proposal to the third trimester, it would do seen the advertisements against the lowed. little to end the practice of partial-birth Senator, full-page ads which have The Senator from Pennsylvania, in abortion. The majority of partial-birth abor- called the Senator every name in the banning one procedure, previability tions—estimated at some four to five thou- book. But I know, having tried to do sand annually—take place in the fifth and and postviability does not address this. six month (late second trimester) and mostly the same thing, that the Senator ad- And he would have to admit, in all hon- on healthy mothers with healthy children. dressed this issue in an honest and esty, that Senator DASCHLE addresses But even at this earlier stage of pregnancy, forthright way, that the Senator the specific procedure he would like to a standard induction of labor, in terms of the worked for months to come up with the ban and any other abortion procedure mother’s health, is far preferable to partial- right language that was, first, con- after the moment of viability. His ban, birth abourtion as the means for emptying stitutional; second, sensitive to re- his restriction is much more specific, the womb. ality; and, third, which addressed a se- Finally, it should be noted that at 21 weeks but much less respectful of the Con- and after, abortion is twice as risky for rious national concern about late-term stitution, women, and fetuses, than women as childbirth: the risk of maternal abortions. I am proud to be a cosponsor that being offered by the Senator from death is 1 in 6,000 for abortion and 1 in 13,000 of Senator DASCHLE’s amendment. Pennsylvania. for childbirth. If the chief concern is to mini- When this issue came before the I find it interesting, too, that Sen- mize health risks to women who show indica- House of Representatives, and I served ator DASCHLE’s proposal faces criticism tions for a termination of pregnancy in the in that body, I sat in the Chamber of on the grounds that the doctor is going second or third trimester, then, as these the House and listened to every minute to make the decision as to whether numbers clearly show, termination by induc- of debate. I have never, ever in my pub- tion of labor and delivery is clearly pref- there is a possibility of risk to the erable to abortion. lic career viewed a vote on abortion as mother’s life or a possibility of griev- With on-going advances in the care and an easy vote. I have always sat down ous injury, which is very carefully de- management of high risk pregnancies, even and thought carefully about what is fined. If the doctor does not make this women suffering from those conditions cited the right thing to do, and some of the decision, who will? The local Congress- by Senator Daschle can often be brought votes have troubled me because it is a man? A U.S. Senator? Some Federal safely to term and their child delivered. In troubling issue. Since our national de- employee? I have been to a lot of town those cases where a second or third trimester bate on slavery, I cannot think of an- meetings, hundreds of them. People preterm termination of pregnancy is indi- other issue which has divided America cated, abortion, and certainly partial-birth have asked my opinion and help in abortion, is never medically required or nec- over such a protracted period of time. many, many situations, but never, essary to achieve this. We agree with Sen- And the reason, of course, is that in never have they asked me to come to ator Daschle that it is ‘‘appropriate . . . for this debate we are addressing one of their homes when their family has to Congress and the public to consider when, the most enduring debates in the his- make an important medical decision and under what circumstances the govern- tory of man, the appropriate role of and give them the Government’s point ment may restrict access to abortion by any Government. At what point do the of view. Quite honestly, Senator procedure.’’ Having the medical facts rights of the individual end and the straight is a necessary part of this process. DASCHLE addresses this in the only way While we support Sen. Daschle’s goal of rights of society and the Government that you can. This is a situation to be banning abortion after the fetus is viable— begin? This classic question, pitting in- certified by a doctor. because they are never medically indicated dividual liberty against the responsi- The Republican side has said, well, or necessary—his proposal would do nothing bility of Government, is clearly at what if the doctor lies? What if he mis- to achieve this goal, while leaving the prac- issue when we discuss abortion. leads people? What if, in fact, there is tice of partial-birth abortion virtually Religions and moralists draw clear not a threat of grievous injury and he untounched. lines of belief, but where does a diverse goes ahead with the procedure? And Sincerely, society like America draw the line? Steve Calvin, M.D., Assistant Professor, then they quote ‘‘Dr. Will,’’ who says, Ob/Gyn, Division of Maternal-Fetal Where do the rights of a woman to con- well, this is a law that can never be Medicine, University of Minnesota; trol her body end, and the rights of the violated. But there will be other people Thomas M. Goodwin, M.D., Associate fetus, or potential life, begin? The Su- in that operating room. There will be Professor, Ob/Gyn, Duivision of Mater- preme Court, in Roe versus Wade, tried other witnesses to this act. If that doc- nal-Fetal Medicine, University of to draw a bright line on this clouded tor’s certification is fraudulent, I dare- Southern California; Curtis R. Cook, issue. The absolute rights of a woman say he or she runs the risk that they Maternal Fetal Medicine, Buttersworth in America to privacy and to the con- will be held responsible. So, to say that Hospital, Michigan State College of trol of her body yield when the fetus Human Medicine; Byron Calhoun, M.D., this is unenforceable is, I think, unfair. Associate Clinical Professor, Ob/Gyn, can survive outside the mother. Thus, The problem with this debate, as I Division of Maternal-Fetal Medicine, viability is the dividing line in this na- see it, is that many times it deterio- Uniformed Service University of tional debate. Before viability, when rates very quickly. There was an adver- Health, Sciences, F. Edward Hebert the fetus cannot survive, then the tisement, a full page ad that was

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4551 bought by a religious group, which list- being offered by the Senator from we try to find some common ground ed the reasons a woman seeks a late- Pennsylvania would preclude the very there? Would that not be good for this term abortion. It was an embarrass- procedure which Vikki Stella’s doctor Nation and good for this issue—what- ment to read that ad. At one point they recommended. That is not fair. ever your position on abortion? said, ‘‘Some women seek an abortion If you value life, look in the eyes of How can we make certain that chil- because they no longer fit in their Nicholas and understand that life came dren, wanted children, receive appro- prom dresses.’’ Perhaps that is the from this decision. There would not priate pre-natal nutritional care during case. Perhaps not. But for those who have been more life had she been pre- the pregnancy? Should we not all agree are arguing this issue, I hope, I sin- cluded from ending that first preg- on that, pro-choice or pro-life? I think cerely hope that they have taken the nancy. It would have been the end of there are so many things which we can time, as I have, to speak to women who her ability to bear any children. Six address which really speak to our rev- faced tragic circumstances, and never different women I have spoken to on erence for life. But today I stand in the made a casual decision. this, each one of them a gripping story. midst of this long and maybe intrac- I, for one, have met six different Let me just concede a point. Are cas- table debate, and urge my colleagues to women who have been faced with this ual decisions made? Are there some seriously consider the amendment of- challenge and have undergone this pro- abortions where you and I might agree, fered by the minority leader. I believe cedure. They remind me that this de- oh, wait a minute, come on, that is not it is responsible and I believe it ad- bate is not about politics. It is not a serious case? Yes, I think that is dresses late-term abortions in terms about legal jargon. It is about our true. But that is what Senator that every family can concede are real- daughters, our sisters, our wives and DASCHLE addresses with his amend- istic. Yes, we want to reduce the num- our friends. It is about families. One ment. He says when you are late in the ber of abortions. We want to make woman in my home State of Illinois, pregnancy you cannot terminate that them rare. But let us never preclude when she heard this debate, came for- pregnancy unless you have a serious that option, when we have the life of ward and said: This isn’t fair. The way reason: The life of the mother is at the mother at stake, or the situation they are characterizing this procedure stake, or she risks a grievous injury. that faced Vikki Stella. She had her and the decision that I faced is not fair. We have gone beyond the abstract, we chance because abortion is legal and I want to tell my story. My husband have gone beyond the casual, we are safe in America. As a result, she is, in and I have decided we have to tell our into the serious situations which he this photo, with her son Nicholas. story. has described. And that is why the I yield my time. This is their photograph. Vikki Stel- Daschle amendment is one which I Mr. SANTORUM. Mr. President, I la of Naperville, IL, the mother of two hope those who decry abortion will yield 5 minutes to the Senator from daughters, 32 weeks pregnant with her think about. Kansas. third child whom she had named An- The Senator from Arkansas, my col- The PRESIDING OFFICER. The Sen- thony. She had painted the nursery. league, just said, ‘‘Search your con- ator from Kansas is recognized for 5 They were prepared, expectant parents, science and soul.’’ I would ask you to minutes. again, for the happiness of another do the same over the Daschle amend- Mr. BROWNBACK. Mr. President, I baby, their first son. And then they ment. What TOM DASCHLE is offering appreciate very much the Senator from learned through a sonogram that An- today is a sensible statement of policy Pennsylvania leading this critical dia- thony suffered from a serious deform- for this Nation. It does not preclude log that we are having. I note my ap- ity. Anthony had no brain. Anthony any State from saying we are going to preciation for what the Democrat lead- would not survive birth but for a few impose a stricter standard. But it says er is putting forward, and appreciation moments. And, if she continued the that, for a national policy, we will pre- as well for his discussion, what he is pregnancy, she ran the risk of jeopard- clude all late-term abortions except in saying, that what we need to be talk- izing her ability to ever have another the most serious situations. ing about is limiting abortion. I think baby. He does not stand alone here. This is folks should note the change that is So her dying infant would be the last not a political calculation. The Amer- taking place. We are finally talking child she ever would bear. Vikki Stella ican Medical Association stands with about stopping the destruction from tells the story about she and her hus- him, as does the American College of occurring here. We are finally address- band, hearing this tragic news—imag- Obstetricians and Gynecologists. ing that, rather than saying let us con- ine, 8 months into the pregnancy—and We have so many people practicing tinue and let us continue the growth of then being faced with the awful deci- medicine on the floor of the Senate that. I appreciate his efforts in putting sion as to whether to terminate the today, I am sure that those who are that forward. pregnancy. They prayed over it. They tuning in must wonder whether or not I would note, the American Medical cried over it. They went forward with we have diverted from passing law. I do Association has said that this is not a it. Afterward, she held Anthony in her not profess to have any expertise when needed procedure at all, the partial- arms and understood it was the only it comes to medicine. But the people birth abortion procedure. This is not a thing that she and her family could do. who do, the American Medical Associa- needed procedure. Regardless of the And she came back home. tion, the American College of Obstetri- statements of the Senator from Illinois Last year I had a chance to be intro- cians and Gynecologists, have said the or others, this is not a necessary proce- duced to Nicholas. He is in the picture Daschle amendment is sensible, it is dure. Indeed, it is a heinous procedure. here. He is the little boy in her arms. reasonable, it will preserve for doctors The partial-birth abortion is something Nicholas is their new son. I was not the discretion they need to make the that pricks our conscience because we really introduced to him because he very important decisions about a wom- cannot even stand the concept of it for was asleep in a stroller. But the fact of an’s pregnancy, and terminate it. I re- pets or for animals, let alone for chil- the matter is, Vikki Stella’s story is spect that. I think all of us should. dren and for babies in this country or what this debate is all about. Do you Let me also say that, as this issue di- any other country around the world. really want to say to this family that vides America, it divides this Chamber, But, if I could, I would like to stand we don’t care whether or not this fam- it divides political parties, it divides here and sound a hopeful note for us, us ily ever has another child; that it members of our families. I would hope as a people, us as a nation, we as a makes no difference, the government is that at the end of this debate, what- body as the U.S. Senate. I want to going to decide this one for you? Do ever the outcome, we can lower the stand here and sound a hopeful note be- you really want to say that? I don’t volume of rhetoric on this difficult cause it seems to me we are finally think so. This was no casual decision. issue and try to find some common talking about and starting to really This was no perfect infant, as some of ground on issues that we might all wrestle with one of those things that your illustrations try to prove. This agree on. How can we implement poli- has been one of the parts of the decline was a sad situation and this family in cies in this Nation to reduce the num- in the American culture. I have shown grief faced a tragic situation and made ber of unintended pregnancies? Wheth- these charts before, but I want to show a difficult decision. This bill that is er you are pro-life or pro-choice, can them during this debate because I

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4552 CONGRESSIONAL RECORD — SENATE May 15, 1997 think they are an important part about and nobody really knows, but I think ‘‘grievous injury’ to her ‘physical health.’ ’’ this debate, about what has happened what we are really talking about is we, Dr. Hern said, using key words from the to the American culture during the as a nation, don’t really like this. We ‘‘Daschle bill, which he criticized as an un- past 30 years. want it to be less. We want to stop it. wise political stunt to keep pace with pro- life Republicans. Look at this chart. This is about We want it to go down. Although Dr. Hern said some doctors child abuse and neglect reports in the Mother Teresa was here in this coun- would be frightened into complying with the United States since 1976. This is about try 3 years ago. She is a saint to all of Daschle ban, Mr. Johnson predicted most children being abused, being neglected us. She is probably today the most re- would follow Dr. Hern’s lead. in America. We had a lot in 1976. We spected person in the world. She ad- ‘‘In their world, they’re not doing anything had nearly 600,000 taking place then. In dressed the National Prayer Breakfast unethical to sign these certifications. They 1976, 600,000 children being abused. 3 years ago, and she stood there, this think it would be unethical not to. They won’t see it as lying or bad faith at all,’’ Mr. What do we have today? I don’t know if small, frail little woman, and said, Johnson said. it will be surprising to anybody. Over 3 ‘‘Can’t you care for your children? If The lobbyist would not be drawn into dis- million children are being abused or you can’t, send me your children and I cussing how the partial-birth abortion ban, neglected in America today. That is will care for them. Send me your chil- which would bar a specific type of late-term the state of our culture. dren. I’ll care for your children.’’ She procedure, and the Daschle bill might be What about violent crimes? I chair also noted at that point in time, as she merged. the District of Columbia Sub- ‘‘You’d still be putting lipstick on a pig,’’ noted previously, America is not a rich Mr. Johnson said, adding that he is unwilling committee. We have no shortage of vio- nation; America is a poor nation—it is to help Mr. Daschle ‘‘change the subject.’’ lent crimes here. We have had three po- poor in love and caring. Lingering doubts about whether physical lice officers murdered, assassinated, I hope historians will look back on ‘‘impairment’’ mentioned in the Daschle bill actually. I have had three staff mem- this debate and say this was the start would cover psychological stress or depres- bers who have suffered break-ins in my of us changing this culture from de- sion were unanswered by its text or those short service in the U.S. Senate. I have struction to caring, from saying how who would comment on it. can we go down to how can we start As many as 41 states have legislation re- been here 4 months. This is a violent stricting late-term abortion, but pro-life society. Look at the numbers per back up, and that is the hopeful note I groups say only New York and Pennsylvania 100,000. About 160 per 100,000 in 1960; 746 have here. That is why I support Sen- have set a time, both at 24 weeks. per 100,000 in 1993. My goodness, a ator SANTORUM’s proposed bill to elimi- That disparity was listed as a congres- shocking amount of violent crime tak- nate, to ban this procedure of partial- sional finding to justify uniformity so that ing place in this society. birth abortion. women cannot cross state lines for abortions What have we had taking place in Mr. President, let me close by noting once viability occurs. the heading the Democrat leader has Dr. Hern said that, in the past year, he per- abortion during this period in our soci- formed 13 abortions on women beyond week ety and our culture? In 1973 we had a blown up from the Washington Times, 26 who ‘‘came to me from all over the little under 800,000 abortions in Amer- suggesting his alternative is more com- world.’’ ica occurring, in this country an awful prehensive. Mr. President, now that Among other untested legal questions the lot. Look, it has nearly doubled, 1.6 the details are known, the Washington Daschle measure poses: million per year in America. Times printed today on an article with Whether the Supreme Court would let Con- If you are an astute observer you will the headline, ‘‘Daschle bill may not gress exercise powers that its Roe vs. Wade ruling assigned to states. The bill’s ‘‘find- notice some inconsistencies here be- ban anything.’’ And I would like to ask ings’’ say the court indicated it is constitu- tween a couple of these charts. You unanimous consent that a copy of that tional for Congress to act, but a quote from will say, ‘‘Wait a minute, shouldn’t article be included in the RECORD. the ruling is edited to omit specific reference child abuse have gone down if we had There being no objection, the article to states having that power. children who were not wanted who did was ordered to be printed in the How civil or criminal courts might exam- not come into the world?’’ We were RECORD, as follows: ine a physician’s belief that ‘‘continuation of promised that an expansion of legal [From the Washington Times, May 15, 1997] the pregnancy would threaten the mother’s life or risk grievous injury to her physical DASCHLE BILL MAY NOT BAN ANYTHING abortion would make every child a health.’’ wanted child and reduce abuse and ne- (By Frank J. Murray) Whether the 1973 Doe vs. Bolton ruling, glect, yet child abuse has gone up dur- A bill written by Senate Minority Leader issued as a companion on the same day with ing that same period of time that we Tom Daschle that is designed to head off a Roe vs. Wade, forbids second-guessing a phy- have nearly 1.6 million abortions in ban on ‘‘partial-birth’’ abortions proposes a sician’s ‘‘professional that is his best clin- America annually. mix of state and federal sanctions that crit- ical, judgment.’’ What has happened here? What is ics say hinges entirely on the judgment of Kristi S. Hamrick, communications direc- the abortionist. tor for the Family Research Council, faulted going on? I think it just talks about— ‘‘[A doctor would] pretty much have to in- Mr. Daschle for not releasing the text and it is a debate everybody is familiar dict himself,’’ said one Capitol Hill aide in- asking the Senate ‘‘to put aside the Partial- with, the coarsening of our culture, the volved in efforts to stop abortions once a Birth Abortion Ban Act in favor of an unseen lack of love, the lack of respect. You fetus can live outside the uterus. bill hidden behind the legislative equivalent can call it, really, whatever you want Even when violations are found, federal of- of Monty Hall’s door No. 2.’’ to. It is just that this culture has been ficials would not be able to act until 30 days The draft bill obtained yesterday by The in decline for the past 30 years. We get after notifying a state’s governor and med- Times, after a spokesman insisted it had not child neglect on the rise, and violent ical licensing board—and then only if needed yet been prepared, would bar all abortions ‘‘to secure substantial justice,’’ according to ‘‘after the fetus has become viable.’’ crimes, and 1.6 million abortions a year a text of Mr. Daschle’s bill obtained by The Although a Daschle fact sheet titled ‘‘The in America. But do you know what the Washington Times. Bipartisan Alternative’’ includes extensive hopeful note is here? It is we are fi- The South Dakota Democrat says his bill descriptions of potential medical complica- nally talking about how we limit some would bar aborting any fetus capable of liv- tions, the proposed statute’s entire defini- of this. ing outside the uterus. A doctor’s certifi- tion of grievous injury is: ‘‘(A) Severely de- We all, everybody in this body, want cation that a pregnancy risks a woman’s life bilitating disease or impairment specifically this number to go down. Everybody in or ‘‘grievous injury’’ to her health would be caused by the pregnancy or (B) an inability required to perform such an abortion. to provide necessary treatment for a life- this body, regardless of whether you The bill’s unusual and complex division of threatening condition.’’ are pro-life or pro-choice, wants this authority was termed an unenforceable The bill also would bar enforcement number to go down. Now we are finally ‘‘scam’’ yesterday by interests as diverse as through private lawsuits when government talking about it. How can we help Douglas Johnson, lobbyist for the National will not act. bring this number down? Right to Life Committee, and Dr. Warren There may not even be federal jurisdiction, I oppose Senator DASCHLE’s amend- Hern, who literally wrote the textbook on said a House Judiciary Committee aide to ment. I don’t think his does it. I don’t ‘‘Abortion Practice.’’ Rep. Charles T. Canady, Florida Republican think we will have any fewer of these The Denver gynecologist said the fact of who sponsored the Partial-Birth Abortion occasional death in childbearing can justify Ban Act that passed the House March 20 by taking place. I don’t know how many any abortion, no matter how late it is done. the veto-proof vote of 295–136. we are actually talking about with the ‘‘I will certify that any pregnancy is a ‘‘How does the federal government have bill of the Senator from Pennsylvania, threat to a woman’s life and could cause any way to get into court on this? It’s a civil

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4553 suit, there’s no criminal case here. I don’t the choice of the parents with informed con- looked at Donna Joy Watts in utero think they even have a federal nexus,’’ said sent. . . But there’s no reason these fetuses said she was not viable. The Daschle the aide, who asked not to be named. cannot be delivered intact vaginally after a amendment would not have stopped In effect, the draft measure would give a miniature labor, if you will, and be at least doctors, and there were many of them doctor, or nonphysician allowed to do abor- assessed at birth and given the benefit of the tions, the last word on the likelihood a fetus doubt. who wanted to abort Donna Joy Watts. would survive outside the uterus, as well as This is a little girl who was born to The Senator from Illinois said, ‘‘You Joe and Sandra Mallon who live in calculating risks of ‘‘grievous injury’’ to the don’t care about the health of the mother if she continues the pregnancy. Upper Darby, PA. This is Kathleen. The bill would assign the Department of woman, you want to take these deci- Kathleen had the same condition, hy- Health and Human Services to regulate a sions away.’’ It is a decision, unfortu- drocephalus. She would not be viable, doctor’s certificate that ‘‘in his or her best nately, of too many doctors in this she would not be protected from abor- medical judgment the abortion involved was country and we know this—one thing I tion under the Daschle amendment. medically necessary.’’ False statements to learned in being involved, unfortu- federal agencies are felonies. The list goes on and on and on. nately, as I have with health care prob- The fact of the matter is, there is a Mr. SANTORUM addressed the Chair. lems personally with my family is that loophole in this amendment that nul- The PRESIDING OFFICER. The Sen- doctors don’t know everything. Not lifies the whole good intent that every- ator from Pennsylvania. every doctor is up on all the literature, one is going around talking about. This Mr. SANTORUM. Mr. President, I not every doctor knows what is out does nothing. What it does is provide want to make a couple comments. The there. So, unfortunately, a lot of peo- political cover for those who do not Senator from Illinois made his com- ple get a lot of bad advice. want to vote for a partial-birth abor- ments, as did the Senator from Maine. Yes, they get a lot of bad advice as to tion ban. They keep focusing on the reason we when to abort a baby, far, far, far too Even if you believe the Daschle need a health exception, that the often. Maybe it is bad advice because amendment does what he says it does, Daschle amendment will do some they just don’t know or they haven’t even if you believe that it bans things, ‘‘We provide for a mother’s taken the time to figure it out, or ‘‘postviability abortions,’’ most par- health as well as provide for taking maybe it is because they just don’t tial-birth abortions are done at 20 to 24 care of these viable babies.’’ I don’t want to deal with that high-risk preg- weeks, which is just at the edge of via- know how many times I have to repeat nancy because that is not their spe- bility. So most partial-birth abortions it from how many different sources, ciality and they would rather just take would, undoubtedly, continue to be but it needs to be repeated again and the easy way out. You don’t get sued legal under the Daschle amendment. again and again, and it is being re- for performing an abortion, you get I suggest that we stick to what we peated, frankly, without contradiction. that little consent. In fact, most of the know are the facts. We know the fact is These people who I am quoting are peo- consents on abortions waive the right that the partial-birth abortion proce- ple who are involved in maternal fetal to be sued. So you get that consent and dure is a brutal, barbaric procedure medicine. These are people who deal no one is sued for doing abortions that should not be legal in our country. with high-risk pregnancies, preg- wrongfully. But doctors are sued for We should abolish it. We have the op- nancies that are talked about as so im- wrongful birth. Can you believe that? portunity to do that. If the Senator portant to keep this health option We don’t sue people for doing abor- from South Dakota, and the other open, that those of us who want to ban tions; we sue them for having babies Members who are part of his team, partial-birth abortion without a health with deformities or abnormalities. In- want to work on further restricting option, which everyone knows is an teresting country we live in. abortions, count me in, but this open door to do abortion on demand— But the fact of the matter is that no amendment does not do that. the courts have said it is, it is an open health exception is necessary under the Mr. DASCHLE. Mr. President, I yield door—there is no need for a health op- Daschle proposal, because after viabil- 10 minutes to the Senator from Maine. tion in second- and third-trimester ity, if you will, there is no reason to The PRESIDING OFFICER. The abortions. That is not RICK SANTORUM kill the baby to protect the health of Chair recognizes the Senator from saying it. I don’t know how many the mother. No reason; never, never. I Maine for 10 minutes. times I have said this. I am not saying have 400 physicians who sent a letter Ms. COLLINS. Thank you, Mr. Presi- this. saying never. I have a doctor who is a dent. I will give you another physician who perinatologist who performs abor- Mr. President, I rise in support of the is a specialist in maternal fetal medi- tions—never. I don’t know what else we substitute offered by the distinguished cine, a perinatologist at the Medical need. minority leader and my colleague from College of Pennsylvania who testified We talk so much. I know the Senator Maine, Senator SNOWE, to H.R. 1122, under oath—under oath—in U.S. Fed- from California often said, ‘‘You’re not the partial-birth abortion legislation. eral District Court in the Southern doctors, and we shouldn’t be making Let me be clear at the outset that I District of Ohio. This is Dr. Harlan decisions here because we’re not doc- do not favor abortion. Like most Giles, who specializes in high-risk ob- tors.’’ I think the Senator from Michi- women, I do not believe that abortion stetrics and perinatology and also per- gan was right. We are not nuclear sci- should be used as a means of contracep- forms abortions. This is not someone entists, but we make decisions on nu- tion, and I am extremely pleased that who is pro-life. Under oath, a specialist clear energy, and we are not generals, the incidence of abortion is on the de- in the field who performs abortions, but we make decisions on defense. That cline in my State of Maine. In fact, it and here is what he says: is our job. It may not be that we are has dropped by more than 43 percent After 23 weeks— the best qualified in all cases to make over the past 10 years. This is a 23-week case— decisions, but that is what we are here Moreover, while I respect the right of After 23 weeks, I do not think there are to do, and we do it. a woman to choose to terminate a any maternal conditions that I’m aware of— I can tell you the Senator from Cali- pregnancy during the early stages, This is 23 weeks, which is what Sen- fornia is not shy about telling other even if it is not a choice that I person- ator DASCHLE termed as ‘‘viability’’— people how to live their lives in a ally would ever make, I am strongly . . . I do not think there are any maternal whole lot of other areas. So I just sug- opposed to all late-term abortions that conditions that I’m aware of that mandate gest that what we are talking about are not necessary to preserve the phys- ending the pregnancy that also require that are the experts telling us to stop the ical health or the life of the mother. the fetus be dead or that the fetal life be ter- tragedy, and what we have done with Fortunately, these procedures are ex- minated. the partial-birth abortion ban is to ceedingly rare in my State where just In other words, you do not have to stop the tragedy. one abortion involving a fetus 20 weeks kill the baby, even in viable babies: What the Daschle bill does is con- or older was recorded in all of 1995. In my experience for 20 years, one can de- tinue the status quo. It does nothing to We have heard some graphic and ex- liver these fetuses either vaginally, or by ce- stop. You have seen this picture. tremely disturbing descriptions of the sarean section for that matter, depending on Donna Joy Watts. Every doctor who partial-birth-abortion procedure during

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4554 CONGRESSIONAL RECORD — SENATE May 15, 1997 the debate on this bill. However, all of the pregnancy’’ or an ‘‘inability to pro- wrenching decisions. But we know that the procedures used to perform late- vide necessary treatment for a life- there are women who do. And the ques- term abortions are equally gruesome threatening condition.’’ Moreover, tion is, whether this highly personal and horrible and troubling. grievous injury does not include any choice, under such difficult and tragic I agree with the minority leader that condition that is not medically medical circumstances, should be made this debate should not be about one diagnosable or any condition for which by these women and their families or particular method of abortion, but the termination of the pregnancy is by the Federal Government. rather should focus on the larger ques- not medically indicated. This language In my judgment, the substitute be- tion of under what circumstances is far more restrictive, and rightly so, fore us will ensure that late-term abor- should late-term abortions be legally than the broad ‘‘health’’ exception de- tions are severely limited and limited available. My belief is that late-term bated earlier. to only those rare and tragic cases abortions, whatever the procedure Mr. President, we are not talking where the life or the physical health of used, should be banned, except in those about healthy mothers aborting the mother is in serious jeopardy. I rare cases where the life or the phys- healthy fetuses in the final weeks of urge adoption of the substitute. ical health of the mother is at serious pregnancy. We are not talking about The PRESIDING OFFICER (Mr. risk. hypothetical examples developed by DEWINE). Who yields time? In my view, Congress is not well rogue doctors as excuses for performing Mr. SANTORUM addressed the Chair. equipped to make judgments on spe- abortions. What we are talking about The PRESIDING OFFICER. The Sen- cific medical procedures. As the Amer- are the severe medically diagnosable ator from Pennsylvania. ican College of Obstetrics and Gyne- threats to a woman’s physical health Mr. SANTORUM. I yield such time as cologists has said: that are sometimes brought on or ag- he may consume to the Senator from The intervention of legislative bodies into gravated by pregnancy. Let me give my New Hampshire who, I might add, medical decisionmaking is inappropriate, ill- colleagues a few examples. while we have had many speakers come advised and dangerous. Primary pulmonary hypertension, to support this partial-birth abortion Most politicians have neither the which can cause sudden death or in- legislation—this time in effect we have training nor the experience to decide tractable congestive heart failure; 42 cosponsors on this legislation—when which procedure is most appropriate in Severe pregnancy-aggravated hyper- the bill first came to the U.S. Senate, any given case. These medically dif- tension with accompanying kidney or Senator SMITH, and, frankly, Senator ficult and highly personal decisions liver failure; SMITH alone, was standing, debating should be left for families to make in Complications from aggravated dia- this issue and defending this position. consultation with their doctors. betes, such as amputation or blindness; He was a crusader and someone who While I do not believe that it is ap- Or an inability to treat aggressive stood out when few were willing to propriate for us to dictate medical cancers, such as leukemia, breast can- speak up. And he is truly the champion practice, I do believe that Congress cer, or non-Hodgkins lymphoma. of this legislation. It is an honor to does have an appropriate duty to con- These are all conditions that are yield whatever time he would like to sider the circumstances under which cited in the medical literature as pos- talk about it. access to abortion by any procedure sible indications for pregnancy termi- The PRESIDING OFFICER. The Sen- should be restricted. nations. In these rare cases, I believe ator from New Hampshire. The Supreme Court, in Roe versus that we should leave the very difficult Mr. SMITH of New Hampshire. I Wade, has set certain parameters for decisions about what should be done to thank my distinguished colleague from our task by identifying ‘‘viability’’— the best judgment of the women, their Pennsylvania for his very kind re- the point at which the fetus is capable families, and the physicians involved. marks, and want to join many of my of sustaining life outside the womb Mr. President, last month, after colleagues in applauding his efforts on with or without life support as the de- weeks of heated debate and discussion, this issue the way that he has pursued fining point in determining the con- the Maine State legislature rejected a this, I think in fairness and in looking stitutionality of restrictions on abor- bill to ban partial-birth abortions. for every opportunity to proceed along tion. During the course of that emotional this course which basically, as we all The amendment we are proposing debate—and this was a very difficult know, is the taking of innocent life. today goes beyond S. 6 which simply and agonizing debate for all of us—Re- And Senator SANTORUM has stood up prohibits a medical procedure and will publican Senator Betty Lou Mitchell of for those innocent children, time and not prevent a single abortion. I think Etna, ME, talked about the decision time again on the floor. that is a point that has been missed her daughter-in-law faced 12 years ago. I do know what it feels like to do frequently in this debate. By contrast, Well into her much-wanted pregnancy, that, but you know, when you look the Daschle-Snowe substitute would at more than 5 months, the expectant back in the great debates of history— prohibit the abortion of any viable mother learned that her fetus was seri- and this is one of the great debates of fetus by any method unless the abor- ously brain damaged and could not live history; it will be so judged, I will say tion is necessary to preserve the life of in the world for more than a few to my colleagues—it will be judged up the mother or to prevent grievous in- months. Moreover, she was told that there with the debate on slavery and jury to her physical health. carrying the baby to term would pre- other great moral issues of our time, Mr. President, some have expressed vent her from ever having another which some say we ought not to be de- concern that providing a general excep- child. Faced with this devastating bating here on the floor. But the truth tion for the health of the mother cre- news, she made the heartwrenching de- of the matter is, this is a very appro- ates too large a loophole, that it will cision to terminate the much-wanted priate place to debate these kinds of allow late-term abortions to be per- pregnancy. things. formed simply because the mother is Maine State minority leader Jane Slavery was wrong. It was morally depressed or feeling stressed by the Amero told me of a similar experience wrong. And people stood up against the pregnancy. I share this concern. I com- of a friend’s daughter who suffered an popular tide at the time and opposed it. pletely agree. And that is why I op- extremely serious infection very late Because they did, slavery was ended. posed the amendment offered by the in her pregnancy. If she had not termi- I sincerely hope—and I know that Senators from California, and it is why nated that pregnancy, this young there has been enough rhetoric said on I have worked so hard to carefully and woman, who very much wanted to be a all sides of this issue to make every- tightly limit the exception in this mother, would have been left sterile at body tired of it, I am sure. And I do not amendment to grievous injury to the the age of 25. intend to be loud. I like to try to be as mother’s physical health. The stories told by these two Maine quiet and unassuming, but firm, as I ‘‘Grievous injury’’ is narrowly and State senators revealed the reality be- can. strictly defined by the amendment as hind the rhetoric in this highly As I sat here listening this afternoon, either a ‘‘severely debilitating disease charged emotional debate. Thankfully, and also as I have listened to so much or impairment specifically caused by most of us here will never face such of it on the monitor over the last day,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4555 I could not help but wonder what those And in the case of partial-birth abor- 7th, 8th, and 9th month of pregnancy, who have been the victims of abortion tion, I might make the point, as Sen- so long as the abortion claims, ‘‘Con- would say if they could vote. They can- ator MOYNIHAN has done, that it is tinuation of the pregnancy would risk not. probably children, born children, and grievous injury to the mother.’’ Some of our constituents who dis- borders on infanticide. Senator MOY- Think about that, Mr. President. Ba- agree with us or agree with us, what- NIHAN is a very respected individual in bies in the 7th, 8th, and 9th month have ever the case may be, have the oppor- this body, and one who does, by his own already developed to the point where tunity to so judge you at election time, admission, call himself pro-choice, and they can survive. In fact, babies can but not—not—the victims that we are I believe, unless he has changed his survive even earlier than that, survive talking about in this debate, which is mind—I do not think he has—supports in the sense that I mean survive out- somewhat ironic to say the least. the ban on the partial-birth abortions. side the body of their mother. They can And I know that I have seen pictures So, Mr. President, I would just like survive independently. from both sides of the debate presented to preface my remarks by, again, mak- Then let me ask this question, for from those children who were born be- ing the point that we are talking about anybody who may be undecided, and cause a young woman had another op- real children here, children who have there probably are not many, if any. If portunity to have a child and also from no say, no opportunity to be heard. you have a child that can live inde- those children who were born because a And, again, I would just ask my col- pendently of the mother, why abort it? young woman did not have an abortion. leagues to reflect, as we have these Why not deliver the baby alive? By def- So I have seen the pictures. But, Mr. next few votes on this issue, to think inition, abortion means taking the life President, I go beyond pictures. about that. They cannot vote against of a child. Why do we have to do that? I had the opportunity about a year- us. They cannot vote for us. They can- Why do we have to take the life of a and-a-half ago to be at an event where not criticize us. They cannot say any- child? I am not a doctor and I do not pre- a young woman—I will not use her thing. And they will never get the op- tend to be, but I do listen to medical name—but she was aborted in the portunity. And you know, I cannot help advice and medical comments. I listen eighth month by her mother, and she but wonder. I think about this a lot. I to the point of view of a group called survived. And she was a 22-year-old do not know. There are some 20 mil- the Physicians Ad Hoc Coalition for young woman who had a slight dis- lion-plus children that have been Truth, an organization of 600 doctors ability as a result of the procedure. aborted, not partial-birth abortions. nationwide who have been providing an Other than that, she had nothing But let us just take partial-birth enormous public service by working to wrong with her. The abortion that this abortions. We know there have been get the true medical facts out about young child was the victim of was thousands who have been aborted partial-birth abortions. In a statement purely for convenience. through this process. So let us focus on Now, that is not the debate here—and they issued on May 12 of this year, they that group. said, as follows: ‘‘If maternal condi- I do not mean that it is on the Daschle How many children in that group tions require the emptying of the amendment—but she was aborted. And may have grown up to be a President of womb’’—and these are not my words; to listen to her, Mr. President, stand the United States, a Senator, a doctor before an audience of probably 800 to these are the words of physicians—‘‘If who maybe finds the cure for cancer, a 1,000 people, say, No. 1, ‘‘I forgive my maternal conditions require the teacher who perhaps saves a dozen, 15, mother. And she is my mother,’’ she emptying of the womb postviability, 20 children during the course of his or said, and, No. 2, listening to her sing the standard would be to induce labor her teaching career, saving these chil- ‘‘Amazing Grace’’—now, if you want and deliver the child. By definition, the dren from going astray, a clergyman something to tear at your heartstrings, postviable child delivered early is sim- who saves a soul? How many people, endure that. I have. But that is nothing ply a premature baby. Senator how many people would there be in as to what this young woman endured. DASCHLE’s legislation never addresses I remember her testifying here before that group? We will never know. We the reason why it may ever be nec- congressional committees where she will never know. essary to kill a premature baby, in- That is the issue, Mr. President. I was taunted by Members of Congress. cluding those in the process of being hope as we continue this debate—and I We all know that story. And I bring born,’’ as is the case in partial-birth know it is tough—I hope we can sepa- that up to simply make the point that abortion, ‘‘in order to preserve the these are innocent children, the most rate all of this rhetoric and all of the health of the woman.’’ innocent of society, unborn, but still harsh words and the hard feelings, just The Catholic Diocese in Sioux Falls, children. put that aside and think about what we SD, Reverend Carlson, made a state- I remember engaging in a dialog with are really thinking about here, an un- ment saying, ‘‘The substitute bill al- one of my colleagues earlier on this born child—yes, created at conception, lows abortions, including partial-birth issue—and it is a tough issue; there is at some point along the way, denied abortion procedures in the last weeks no question about it—but this person— the access to life, to being born. That of pregnancy, because in the case of and I will not mention the name; it is is the issue. certain serious illnesses a physician not necessary; the record speaks for Now, I know how hard my colleague may have to ‘terminate’ a pregnancy itself—but this person indicated that from South Dakota has struggled with after viability to save the mother, yet they felt that they looked at the issue this issue because we have talked, and in such cases a physician can simply and did not feel there was viability in I respect him very much and he knows deliver the child. Nothing in the med- these young months, therefore, there that. I had to think long and hard and ical literature indicates a need to abort was not life. And I guess I would sim- very carefully about what the Senator or kill a child in such cases.’’ ply respond by saying: I started at con- proposed to do. He is my friend. I can- See, that is the issue here. By defini- ception. not understand the amendment. I want tion, you are saying ‘‘viability.’’ Via- If there is anybody out here that did to make some points about this amend- bility by definition means that the not, I would like to hear from them. ment that I think perhaps the Senator child can survive outside the body of But I started at conception. I do not has not thought about—I do not know the mother. Then why kill the child? know of any way to get where I am now if that is true or not. There have been Mr. President, let me repeat the lat- without starting at conception. Now, if a lot of things said out here, and it is ter part of the statement that was there is a way, I would like somebody probably unlikely there is something made by these physicians. The Daschle to tell me what it is. he has not thought about. legislation never addresses the reason The truth of the matter is, no matter I believe this amendment, as pre- why it may ever be necessary to kill a how you define these terms—you can sented by the Senator from South Da- premature baby, including those in the say ‘‘fetus,’’ you can talk about ‘‘via- kota, represents, even though it is not process of being born in order to pre- bility,’’ and ‘‘medical procedure’’ and intended, an extremist position on this serve the health of a woman. It does ‘‘abortion,’’ you can talk about all issue, on the abortion issue, because not address that. That is the flaw, the these words—but it boils down to chil- the Daschle substitute amendment ex- main flaw, as I see it, in the amend- dren, innocent, unborn children. plicitly permits abortions even in the ment, as well-intended as it is.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4556 CONGRESSIONAL RECORD — SENATE May 15, 1997 I remember having a debate with one lems of protecting ourselves and na- require that the fetus be dead or that the of my colleagues a couple of years ago tional defense, anything, all the prob- fetal life be terminated. In my experience for when I was out managing this same lems we have, infrastructure—do we 20 years, one can deliver these fetuses either bill. It was very interesting, and I ask really want to spend time doing this to vaginally, or by cesarean section for that matter, depending on the choice of the par- Members to reflect for a moment. We our children? Do we? ents with informed consent . . . But there’s all know in the partial-birth-abortion In May 1997, in the Washington Post, no reason these fetuses cannot be delivered procedure, first of all, it does not al- and again on the Senate floor, Senator intact vaginally after . . . labor, if you will, ways happen in the 7th, 8th, and 9th Daschle said every effort should be and be at least assessed at birth and given month. Sometimes it happens earlier made to save the baby. I know he the benefit of the doubt. than that, and, of course, the Daschle means that. But with all due respect, That is the doctor’s own words who amendment would not protect those the amendment is trying to have it perform abortions. children. both ways. It does not focus on the Mr. President, the question that I I remember in the debate having a baby, it focuses only on the mother. ask to the proponents of the Daschle very interesting dialog with one of my How can you say you are for saving a amendment is the same one I have been colleagues in which I pointed out that baby when your amendment explicitly asking over and over and over again, in order to ensure the opportunity to authorizes an abortionist to kill a year after year, on this issue, with take a child’s life through partial-birth baby? The assertion is that the Daschle those who support partial-birth abor- abortion, you have to turn the child in amendment somehow requires doctors tion on demand. And it is on demand the womb and deliver the child breach, to try to save the life of the viable and we know that. I repeat the ques- or feet first, and in the process, stop baby that they are aborting. Yet, the tion in a moment. the child’s head from coming into the language to this effect, which includes We know that because of the state- world. Now, my colleague that I was a wide open health exception, appears ments made by an individual who per- debating said, ‘‘That is fine. That child on page 4 of his amendment in the non- formed them, and I stood on the Senate is not born yet because the head is still binding findings. I say you put this in floor a year and a half ago or 2 years in the birth canal.’’ I said, ‘‘OK, I do the nonbinding findings, but you do not ago, and took flak from every direc- not agree, but fine. Let me turn it have it in the main language of the tion, from my opponents on the other around. What happens if the child amendment. side of this issue, accusing me of mak- comes into the birth canal head first This language would not have the ing that up, that it was only a few hun- and only 10 percent of the body comes force of law. It would, if it were in the dred abortions a year this way, done in into the world, for example, just the main bill, in the amendment, but it is this manner, when, in fact, we now head?’’ And the answer was, ‘‘That is not. It is in the language. So if we want know it is thousands, and that they ad- life, that is life.’’ to truly write some protection for the mitted they lied. But to the individ- So now what we have done is define a viable fetus into this proposed criminal ual’s credit, he told the truth now. But certain part of the baby’s body as being statute, we could put it in the statute the question is, why is it necessary to life and another part of the baby’s body itself, not in the nonbinding finding kill a partially born baby? Will some- as not. There is no logic here. There is section and certainly not with a wide body come out on the floor of the Sen- absolutely no logic here. I am not try- open health exception. ate and answer me that question, when ing to sensationalize this. These are We all know and respect and support, you have a baby in the birth canal, 90 facts. You turn the child around be- I believe, the principle of self-defense. percent born but for the head, some- cause if the baby is born head first, you If the health of the mother is a prob- body give me one reason why we have cannot use the needle and destroy the lem and the life of a mother is a threat, to take that baby’s life in order to pro- child. So 10 percent in the world, head try to save both. What is wrong with tect the mother’s life or health when first, it is a child according to the crit- that? Why do we say we are going to you literally restrain that child from ics; 90 percent in the world, feet first, say something is viable and then kill coming the rest of the way out of the it is not. Does anybody really believe it? If you say it is viable, if you make birth canal. that? Does anybody really in here, the admission, which this amendment Nobody has been able to tell me that. never mind up here, in here, does any- does, that this child is viable any time Why not just deliver the baby alive. body believe that? If you believe that, after the sixth month, if it is viable, And I will tell you why, Mr. President, you ought to vote against the partial- then when you abort it you are killing because you have a problem when the birth abortion ban; you ought to vote it because you said it is viable by your baby is alive, don’t you? And you know for Daschle if you really believe that. own definition. what another real dark secret is here? Why is it necessary, ever, to kill a This is really a pretty logical debate And they do not talk about it much. Do premature baby? That question has not here, Mr. President. Sometimes we get you know what happens oftentimes? been answered yet in this debate, in- off on other tangents. After viability, You get the baby in the position, the cluding those in the process of being doctors can terminate the pregnancy abortionist is prepared with the needle, born in order to preserve the health of without killing the baby. It happens all the head is still in the birth canal and, a woman. How does it help the health the time. They can do this by deliv- whoops, the baby comes out. You look of a woman to restrain a child from ering the baby by cesarean section or around and you do it. coming the rest of the way through the directly through the birth canal. Some- That is not abortion, Mr. President. birth canal—that is what a partial- times they must do that in order to Do not let anybody tell you it is. That birth abortion is, restraining a child protect both the mother and the child. is killing an innocent child, a live, born from coming into the world so you can That is not an abortion. It is a pre- child, and it happens. That is the dirty kill it. That is the purpose. mature delivery. It happens every day dark secret, one of them, about partial- As Senator MOYNIHAN said, it is bor- in America. There is no reason why it birth abortion. Why not just deliver dering on infanticide. Indeed, it prob- cannot happen here. the baby. Her body, her shoulders are ably is infanticide. This is not abor- Dr. Harlan Giles, a professor of high- already out of the womb and in the tion. It is probably misnamed. It is risk obstetrics and perinatology at the birth canal. Why not just complete the killing a child in the hands of the doc- Medical College of Pennsylvania, per- delivery? Why kill her before com- tor. Nothing impersonal about this forms abortions by a variety of proce- pleting the delivery? one. There are many impersonal ways dures before viability, and in sworn Unfortunately, that is what this to commit abortions. We all know, we testimony before the U.S. District amendment will allow. Why propose an have all heard about them. Nothing im- Court for the Southern District of Ohio amendment that explicitly authorizes personal about this one. You are hold- in November 1995, Giles had this to say abortions to kill viable children? That ing the child in your hand when you do about abortions after viability. This is is not saving lives. And I know what it. a doctor who performs them: the intent here is by the Senator, but With all the problems we have in the [After 23 weeks] I do not think there are we are killing viable children in sev- world and in our country—you name it, any maternal conditions that I am aware of enth, eighth, and ninth months of preg- race problems, poverty problems, prob- that mandate ending the pregnancy that also nancy. We are protecting the mother

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4557 but why not protect the child, too? It is Dakota intends but is the result of this priate place than in the findings to tell not necessarily one against the other. amendment. Any doctor who wishes to the Court this is how we want you to In his May 2, Washington Post opin- do it can do it. interpret whether or not a doctor is in ion article Senator DASCHLE cited cer- So we have a leading third-trimester compliance with the law. tain conditions for termination of preg- abortionist who basically says, hey, I would be more than ready to state nancy such as hypertension, kidney pass that thing. Then I can kill all that assertion on every page of the bill failure, coma, breast cancer, et cetera. kinds of babies and not have to worry if it would make my colleague from However, what was not said was why about a thing. Just pass it. He is an ex- New Hampshire more confident that the Senator and the supporters of the pert, and he is saying this will allow the intent of our legislation is to do amendment believe that it would ever him to perform an abortion on a viable just as I have asserted. But this is the be necessary to kill that viable baby child any time he wants to. So you language in the bill. We want the child because of the medical conditions that could not ask for more compelling tes- to live. he cites. timony, in my opinion, that this Think about it. Why would you have amendment, the Daschle amendment is Now, with regard to permitting abor- to kill the child for any of those rea- a prescription for abortion on demand tions in the seventh, eighth, and ninth sons: hypertension, kidney failure, even after viability, and it is the main month, I find it ironic that anybody coma, breast cancer. Remove the child reason that it should be defeated and supporting H.R. 1122 would use that as alive. It can be done. It is done every that we should pass the ban on partial- a criticism of our amendment because day. birth abortions as prescribed by the that is exactly what the partial-birth Once again, let me point out that bill introduced and supported by the abortion ban does. It allows abortions. physicians, not Senators, physicians, Senator from Pennsylvania. It allows dilation and evacuation. It al- across America address these com- I yield the floor. lows induction. It allows plicated pregnancies day in and day Mr. SANTORUM addressed the Chair. hysterotomies. It allows abortion. H.R. out and they do it by delivering babies. The PRESIDING OFFICER. The Sen- 1122 is banning only one procedure This amendment, even though it is not ator from Pennsylvania. here. They are not banning abortion intended to do that, would give abor- Mr. SANTORUM. Mr. President, I with their bill. We, by contrast, ban tionists the legal authority now under ask unanimous consent that the vote them all. So I hope that no one would law to perform abortions in these cases occur on or in relation to the Daschle cite that as a reason to oppose our whenever they want to without any amendment at 7 p.m. and that the time amendment. consideration to the law. between now and then be equally di- I yield 10 minutes to the Senator Before the Senate closes debate, and vided between Senators SANTORUM and from Louisiana. I know we are getting close—for the DASCHLE. benefit of my colleagues, I am shortly Mr. DASCHLE. Mr. President, reserv- The PRESIDING OFFICER. The Sen- going to yield—before the Senate ing the right to object, I have a request ator from Louisiana is recognized. closes debate on this amendment, I for 45 minutes of time that I would be Ms. LANDRIEU. I thank the Chair. I hope that we will have an answer to willing to lock in, but I think that begin by thanking my distinguished the question that I have posed. I would would mean a slight difference in the colleague from South Dakota, Senator really sincerely like to hear the answer amount of time allocated to both sides. DASCHLE, for his hard work and excel- as to why this child must be termi- So with the understanding that I could lent work. He has been working for nated, killed, taken dead from the have 45 minutes, I have no objection. months, talking with medical doctors, womb of the mother when, in fact, you The PRESIDING OFFICER. Is there advocates for children and families, could perhaps save both? objection? The Chair hears none, and it and affected women to try to help us I have one final point. Those pro- is so ordered. arrive at a balanced approach, that will ponents of this amendment assert that Mr. DASCHLE addressed the Chair. resolve this very difficult of issues. it would provide some limitation on The PRESIDING OFFICER. The Democratic leader. To my distinguished colleague from postviability abortions because it in- New Hampshire, who just spoke, I say cludes what they say is a narrow Mr. DASCHLE. Let me respond brief- ly to the distinguished Senator from that I am here today because I want to health exception. The Senator’s join with you in ending late-term abor- amendment says that postviability New Hampshire prior to the time I yield time to the Senator from Lou- tions. The young woman about whom abortions are permitted if an abor- the Senator spoke so beautifully, tionist certifies that a woman is isiana. He asked the question, why not allow a child to live? And my answer is would have a chance to live under our threatened with some ‘‘risk,’’ no mat- amendment because it will ban all pro- ter how remote, of a ‘‘grievous injury’’ that is exactly what we want to hap- pen. On page 3 of the bill we say: cedures except in the very rarest of cir- to her health. Unfortunately, the cumstances. With due respect, under ‘‘grievous injury’’ exception does not Even when it is necessary to terminate a pregnancy to save the life or health of the the bill that the gentleman is sup- protect one single viable unborn child, mother, every medically appropriate meas- porting, that wonderful child could not one. Not one. And if the intent of ure should be taken to deliver a viable fetus. still be aborted, because the mother the authors of the amendment and the Termination of a pregnancy does not would still be free to choose another proponents of the amendment is to necessarily mean abortion. We want to procedure. save lives, babies’ lives, the amend- provide the opportunity for that child ment does not do it. If it is the intent My colleagues on the opposite side to live. And on page 3 we assert that. continue to make reference to a Dr. to save mothers’ lives at all costs, I On page 4: think it does do that and I support that Hern. I want to say again that when Abortion of a viable fetus should be prohib- this bill passes, he will lose his license. part of it, saving mothers’ lives, but it ited throughout the United States unless the He will not be able to practice. does not do anything to save a baby’s woman’s life or health is threatened, and life. even when it is necessary to terminate the My distinguished colleague from New Dr. Warren Hern, a leading third-tri- pregnancy every measure should be taken, Hampshire has made the excellent ar- mester abortionist, who has written a consistent with the goals of protecting the gument for the minority of people in major treatise on the subject of the mother’s life and health— this country who believe that abortion ‘‘grievous injury’’ exception, in an Which is the constitutional require- should be banned at all times, in every interview published on May 14, yester- ment— circumstance, in every case, but the day, in the Bergen County Record, to preserve the life and health of the fetus. majority of Americans in my State of said: On page 3 and on page 4 of the bill we Louisiana and in this country want I will certify that any pregnancy is a assert that as unequivocally as pos- reason. They want to abide by the Con- threat to a woman’s life and could cause sible. stitution which gives the woman the grievous injury to her physical health. Now, he indicates that this is the right to terminate a pregnancy in the In other words, no matter what the findings. Well, the findings are de- early stages, but they want most cer- grievous injury it is the health excep- signed to instruct the Court on how to tainly to ban and prohibit late-term tion that the abortionist will use. That interpret the law. That is what the abortions. That is what this amend- is not what the Senator from South findings do. There is no more appro- ment does.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4558 CONGRESSIONAL RECORD — SENATE May 15, 1997 We have heard all day about one or prenatal life becomes sufficiently com- such medical decisions? The local judge two doctors that might say they would pelling and what are the appropriate or city council? never perform a late-term abortion. regulations to the termination of preg- Without this amendment, S. 6 would That is their right under the law. But nancy. accomplish very little. The partial the American Medical Association, In reviewing both Roe and Casey, it birth abortion ban concentrates on 37,000 strong, has said, and I want to is clear that the Court has given us one banning only one procedure, it does quote again for the debate: sure point on which to balance indi- nothing to stop late-term abortions. In recognition of the constitutional prin- vidual liberty and prenatal life. That What possible good is accomplished by ciples regarding the right to an abortion ar- point is viability. Before a fetus is via- bringing this very heart-wrenching ticulated by the Supreme Court and in keep- ble, the rights of privacy and personal subject before the Congress and the ing with the science and values of medicine, liberty found in the Constitution re- American people, only to pass a bill the AMA recommends that abortions not be quire us to provide safe and accessible that does not affect abortions? As writ- performed in the third trimester except in the cases of serious fetal abnormalities, in- method to terminate a pregnancy. ten, this bill is simply an opportunity compatible with life. Although third-tri- After viability, the State’s interest in for people to congratulate themselves mester abortions can be performed to pre- prenatal life should prevail. Our first on having done something important, serve the life or health of the mother, they woman on the Supreme Court, Sandra when in fact they have accomplished are in fact generally not necessary for those Day O’Connor, framed the delicate bal- nothing. If we pass S. 6 unamended, it purposes except in the most extraordinary ance our society has reached in the would be like outlawing armed robbery circumstances. Casey decision when she stated: with an Uzi, but allowing criminals to That is what my distinguished col- While [Roe] has engendered disapproval, it hold you up with a handgun. The Amer- league from South Dakota along with has not been unworkable. An entire genera- ican people will see through this facade the two Senators from Maine, have tion has come of age, free to assume Roe’s and be even more disillusioned with tried to craft, a very narrow health ex- concept of liberty in defining the capacity of this institution and its members. ception with tight restrictive language. women to act in society, and to make repro- Maybe the most significant advan- Mr. President, I rise today in support ductive decisions . . . and no changes of fact tage of the Snowe-Daschle amendment have rendered viability more or less appro- of the Snowe-Daschle amendment to is that it can be passed, signed by the Senate Bill 6. priate as the point at which the balance of interests tips. President and will meet constitutional Mr. President, the distinguished Su- scrutiny. The bipartisan approach of preme Court Justice Felix Frankfurter Viability presents a bright line—a legal standard—that we can use to gov- this amendment is our best chance to wrote: address post-viability abortions, while Great concepts like liberty were purposely ern our decisions about regulating abortion. also preserving our understanding of left to gather meaning from experience. For liberty in the 25 years since Roe versus they relate to the whole domain of social and Mr. SANTORUM’s bill violates the via- bility standard and does nothing to end Wade. economic fact, and the statesmen who found- I would be remiss if I did not add that ed this nation knew too well that only a late-term abortion. On the other hand, when the government acts to restrict stagnant society remains unchanged. Mr. President, Senator DASCHLE and abortions, as is its right in certain cir- We are not a stagnant society and Senator SNOWE’s alternative method cumstances, it has an increased obliga- changes in reality and our perceptions would indeed make clear that all late- tion to make the choice to support life have brought us here today. It has been term abortions by any procedure are more compelling. We cannot on one nearly 25 years since the Supreme prohibited. I thank them for their lead- hand require women to forego the op- Court decided Roe versus Wade. The ership in bringing this alternative to tion of abortion and at the same time Roe decision encompassed a lot of the the floor. They have both displayed a undermine all the programs that sup- experience and wisdom that our nation willingness to reach across the aisle port a woman as she struggles to bring had acquired regarding personal lib- and provide us with a bill which re- a child into the world. Since the Roe erty. In 1973, it affirmed the new under- flects the consensus that the American decision, a number of steps have been standing that Americans had developed people have already reached. taken to make abortion safer and more about the role of women in society and A 1996 Gallup Poll indicated that 64 accessible. We need to act affirma- the role of government in our personal percent of Americans support a wom- tively to make abortion more rare and lives. an’s right to have an abortion during less necessary. We can do that by vig- However, 25 years after Roe, our the first 3 months of pregnancy. This is country has had more time to reflect orously supporting pregnancy preven- a strong indication of a national con- tion strategies that would minimize or on its experiences. Social and economic sensus that abortion should be an factors have altered the world in which preclude the need for abortion. available, legal, and safe option for A key component of this effort must we live. Breakthroughs in medicine women in the early stages of preg- be adoption. This Nation needs to have changed our understanding of nancy. make adoption more affordable human development and have allowed When you ask those same people how through tax credits and Congress us to deliver premature babies at ages they feel about abortions in the third should work to implement State and never before possible. We have reached trimester, the consensus flips the other Federal laws and regulations that en- the appropriate time to review our def- way. Only 13 percent of those surveyed courage families to build through adop- inition of liberty in the context of a supported abortion, 82 percent would tion. woman’s right to end a pregnancy. prohibit it. Those 82 percent of the peo- We must continue to reform our fos- Those of us who support Roe versus ple who oppose abortion in the third ter-care system to make permanent Wade understand this was not a deci- trimester are not just opposed to a par- placement for children a reality and a sion which allowed for abortion on de- ticular procedure; they are opposed to loving family for every child an achiev- mand, but rather it was a decision all procedures. They believe that once able goal. which balanced the rights of privacy a fetus reaches the point where it could We should invest more in prenatal and liberty on one hand—and State’s sustain meaningful life, they are op- care and health insurance for our chil- authority to protect prenatal life on posed to abortion. dren so that young mothers deliver the other. In writing his decision, Jus- That is precisely what is accom- healthy babies, taxpayers save money, tice Blackmun clearly stated: plished by the Snowe-Daschle amend- and children have a real chance at a de- A state may properly assert important in- ment. We make clear, with appropriate cent life. terests in safeguarding health, in maintain- penalties, that late-term abortion by We ought to concentrate on effective ing medical standards, and in protecting po- tential life. At some point in the pregnancy, any procedure will not be allowed, ex- pregnancy prevention efforts in our these respective interests become suffi- cept in the rare and extraordinary cir- schools. Our children need to under- ciently compelling to sustain regulation of cumstances when a woman’s life or stand the serious ramifications of sex the factors that govern the abortion deci- physical health is gravely threatened. outside of marriage so that we are sion. Yes, a doctor would certify the viabil- faced with fewer unplanned preg- One of the questions we face today is ity and health risk to the mother, but nancies. We have had years of experi- what is the approximate point at which who else would be qualified to make ence with sex education programs in

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4559 this country. We should, state-by- In 1973, the Supreme Court legalized exception that is said to be ‘‘stricter state, replicate those successful pro- abortion. They overturned laws in al- than the Republican measure,’’ what it grams nationwide. most every State that had some re- says on the headline. But, in reality, It is important that we in the Con- strictions dealing with abortion and the exception contained in this amend- gress and in this Chamber understand basically decided by trimesters what ment is no exception at all, but a large that a commitment to life means more was legal and what was not legal. I ob- hole, a large protection for late-term than just talk. In a time of tight budg- ject to that process. abortions. ets, the true test of peoples’ priorities Colleagues who really think that we The proposal is—as George Will accu- is where they are willing to commit should legalize abortion or preempt all rately characterized it in his April 24, scarce resources. We can all agree that State laws, or some State laws, should 1997, column—‘‘a law that is impossible we should make every effort to pre- introduce such legislation, and, if they to violate.’’ serve human life. However, it is a hol- have the votes, they can codify Roe That’s one reason this amendment low promise to bring life into the world versus Wade, or they can change it. has been termed by critics ‘‘the abor- and then abandon it when it arrives. If But they should do it through legisla- tionist empowerment clause.’’ life is a priority for this Congress, we tive process not do it through a non- While this amendment claims to pro- should reflect it by making our policies elected judicial process of the Supreme tect viable unborn children from abor- and pocketbooks available to nurture Court. tion, a closer look shows that it pro- young lives. So I object to the Supreme Court leg- vides no protection at all. Mr. President, the debate sur- islating. I think that they have done a The amendment would make it ‘‘un- rounding late-term abortions has been pretty crummy job in their legislating. lawful for a physician to abort a viable a valuable opportunity for the Amer- Our colleagues are aware of the fetus. * * *’’ ican people to take stock of what we fact—because we had this debate last Who determines whether a particular mean by liberty. I believe that the year and now we have this debate be- fetus is viable? Snowe-Daschle amendment is an excel- fore us today—that there is a proce- There is no definition of ‘‘viability’’ lent reflection of what our experience dure called partial-birth abortions in federal law. Nor does this amend- has taught us since Roe. It restores a where the baby is almost totally deliv- ment define ‘‘viability.’’ balance to our national dialogue about ered, yet its head is held inside, scis- The prevailing standard of viability abortion and premises it upon the clear sors are inserted into the baby’s head, in federal law was set by the Supreme standard of viability. I urge my col- and the brains are sucked out. Then Court in Planned Parenthood of Cen- leagues to support this amendment. the dead baby is delivered. tral Missouri versus Danforth. In that Thank you very much. We are trying to ban that procedure. case, the Court held: Mr. SANTORUM. Mr. President, I Senator DASCHLE has an amendment. I The determination of whether a par- yield 10 minutes to the Senator from looked at the headline. It says: ticular fetus is viable is, and must be, Oklahoma. ‘‘Daschle Abortion Ban Spares ‘Viable’ a matter for the judgment of the re- The PRESIDING OFFICER. The Sen- fetuses.’’ sponsible attending physician. ator from Oklahoma. If I believed that headline, I would In other words, the person who per- Mr. NICKLES. Mr. President, first, I support the amendment. But I look at forms the abortion decides whether the would like to compliment my colleague the amendment. What does it do? In baby he or she is aborting is viable. from Pennsylvania, Senator SANTORUM, the first place, it is a substitute. If it This is the standard that governs the in addition Senator SMITH of New was in addition to the language before Daschle amendment. Hampshire, who brought this issue to us, maybe we would have something to The abortionist decides whether the the floor of the Senate last Congress talk about. But it isn’t. It is a sub- baby is viable. The abortionist doesn’t and maybe educated everybody in the stitute. It strikes the language. even have to certify his decision. Un- Congress and maybe in the country If you look at the language of the less he voluntarily says to a U.S. attor- about this very gruesome procedure amendment, it strikes all of the prohi- ney that the baby he aborted is viable, which, unfortunately, happens all too bition on banning partial-birth abor- no civil penalty can be brought against many times. The President said it tions and says let’s insert the fol- him. doesn’t happen very many times. But lowing. Let’s say that an abortionist tells a now we found out it happens thousands So it totally eliminates the bill that U.S. attorney that he has aborted a of times. In one clinic in New Jersey it has already passed the House of Rep- viable baby. In order to avoid civil ac- happened 1,500 times. resentatives by an over two-thirds tion, the abortionist need only So I compliment my colleagues from vote, and a bill that we voted on last ‘‘certif[y] that the continuation of the Pennsylvania and from New Hamp- year when we had overwhelming sup- pregnancy would threaten the mother’s shire, and also Senator DEWINE and port. We didn’t have two-thirds. It life or risk grievous injury to her phys- Senator FRIST, who spoke very elo- strikes that, and says let’s start over. ical health.’’ quently about this issue. It is not an We just saw the language today. It To whom does the physician certify? easy issue. It is not one that I think a was just inserted today. We have not Does he file a certification with the lot of us look forward to debating. had enough time to totally review it. Justice Department? With HHS? With Mr. President, I speak on this issue But I have read it. I have some prob- the state licensing authority? With a on occasion. Again, it is not one that I lems with it. notation in the patient’s file? The particularly like to speak on. Maybe I If the real purpose of it is to spare amendment doesn’t say. did it for a lot of reasons. Somebody viable fetuses, I am going to support it. When does the physician certify? Be- said, ‘‘Why does Congress always have But I don’t think that is the case. I fore he performs the abortion? After he debates on abortion?’’ want to go into the language and performs the abortion? After he is I think part of the premise goes back maybe point out what I think is defi- called into question for having per- to the fact that the Supreme Court le- cient in the language and then tell my formed the abortion? The amendment galized abortion. They legalized abor- colleagues and my friend, the minority doesn’t say. tion in the Roe versus Wade decision. leader, that I will be happy to work It merely says that by ‘‘certifying,’’ Everybody acknowledges that. I have a with him. Maybe we can come up with he avoids civil action for having abort- problem any time the Supreme Court language that would accomplish the ed a viable infant, and it leaves it to legalizes or legislates in any area. I objective of sparing viable fetuses. I the Secretary of HHS to develop regu- look at the Constitution. Article I says will work with any Senator to try to do lations defining what the certification Congress shall pass all laws—Congress that. I will be happy to. But I don’t entails. being comprised of the House and the think the language that we have in A physician who aborts a viable child Senate, elected bodies. front of us today does that. I will go must certify that ‘‘the continuation of People have a choice. If they don’t into a statement to illustrate it. the pregnancy would threaten the like the laws we pass, they can change Mr. President, the amendment that mother’s life or risk grievous injury to Members of Congress. we have before us includes the health her physical health.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4560 CONGRESSIONAL RECORD — SENATE May 15, 1997 While the amendment defines ‘‘griev- Coalition for Truth, states that it is the abortion they had performed was ous injury,’’ it does not define ‘‘risk.’’ ‘‘never medically necessary, in order to not medically necessary. The risk of continuing a particular protect a woman’s life, health or future Does anyone imagine a physician pregnancy may be small, but that is ir- fertility, to deliberately kill an unborn would ever volunteer for such a pen- relevant under the Daschle amend- child in the second or third trimester alty? ment. of pregnancy.’’ He is an obstetrician. It would be as if we allowed each The risk of carrying a pregnancy to He has delivered hundreds, thousands driver to decide whether or not he or term may carry less risk in a par- of babies. I have not. But he has made she was speeding. The only people who ticular case than the risk of termi- that statement. Dr. Koop has made would receive speeding tickets would nating the pregnancy, but that doesn’t that statement. I happen to give them be those who voluntarily reported to matter under the Daschle amendment. credit. I think the child would like for the police that they had exceeded the The only relevant question is ‘‘does us to give them that credit. speed limit. the abortionist believe that the ‘‘con- So the Daschle amendment would be Self-enforcement is no enforcement. tinuation of the pregnancy’’ poses any ineffective in protecting viable unborn And that is what the Daschle amend- risk of ‘‘grievous injury?’’ Since every infants. ment would put in place. pregnancy poses at least some risk, an Mr. President, a big difference be- I just conclude with the statement, abortionist can justify any abortion tween the Daschle amendment and the Mr. President, this is a vitally impor- under the Daschle amendment. amendment by the Senator from Cali- tant issue. I do not question the mo- The Daschle amendment states that fornia that was defeated earlier today tives of my colleagues on the other side of this issue. I hope maybe we can a physician must certify—under pen- is that the Daschle amendment does come up with some type of a ban on alty of perjury—‘‘that, in his or her not include a ‘‘mental health’’ excep- aborting viable fetuses. But I believe best medical judgment, the abortion tion. this language in the first paragraph of involved was medically necessary.’’ The distinguished Democratic leader, the bill, language that says it shall be Unfortunately, as with other provi- in speaking with the press earlier this unlawful for a physician to abort a via- sions of this amendment, the perjury week, said that his amendment does ble fetus when the physician makes penalty is very difficult, if not impos- not contain ‘‘a simple mental health that determination, unless the physi- sible, to enforce. loophole.’’ cian certifies—and he can do that, basi- The abortionist only has to sign a But he then added, ‘‘It’s my under- cally, by saying it is his best medical paper that asserts that ‘‘in his or her standing based upon an extraordinary judgment that the continuation of the best medical judgment,’’ the abor- number of conversations and consulta- pregnancy would threaten the mother’s tionist believes that ‘‘the continuation tions that mental problems ultimately, life or risk grievous injury to her phys- of the pregnancy would . . . . risk griev- in situations involving pregnancy and ical health—any risk, every pregnancy ous injury to her physical health.’’ abortion, evidence themselves phys- has risk—I am afraid that this lan- The certification is based not on ob- ically.’’ guage is so riddled with loopholes that jective medical facts but on the abor- Thus, while the amendment does not it would provide no protection whatso- tionist’s subjective judgment. contain a simple mental health loop- ever, that it would have no real impact If the certification by an abortionist hole, the author of the amendment be- whatsoever. was challenged in an action for per- lieves that mental illness can have So I urge my colleagues to vote ‘‘no’’ jury, the question before the court physical manifestations that would on the Daschle amendment, to support would not be about medical facts but possibly justify late-term abortions. the ban on partial-birth abortions, and on whether the physician believed that The Daschle amendment would not then let us see if we cannot work to- he had exercised his best medical judg- eliminate the vast majority of all par- gether in the intervening couple of ment. Impossible, impossible to bring a tial-birth abortions. months, through the proper commit- conviction. Ron Fitzsimmons, the executive di- tees, have hearings, have suggestions I think that every abortionist would rector of the National Coalition for from experts, health experts, and certify he had exercised his best judg- Abortion Providers admitted he lied maybe we can refine language com- ment when he aborted a baby, whether about the frequency and necessity of parable to this to provide real protec- viable or no. For example, Dr. Warren partial-birth procedures. tion for unborn children. Hern, who performs third-trimester He told the American Medical News I ask unanimous consent an article abortions in Colorado, said of this that the vast majority of partial-birth by Charles Krauthammer, ‘‘Saving the amendment: ‘‘I will certify that any abortion are performed in the 20-plus Mother? Nonsense,’’ which is dated pregnancy is a threat to a woman’s life week range on healthy fetuses and March 14, and also a letter from the and could cause grievous injury to her healthy mothers. ‘‘The abortion rights Physicians’ Ad Hoc Coalition for the physical health.’’ So long as Dr. Hern folks know it, the anti-abortion folks Truth, be printed in the RECORD. says he used his best medical judgment know it, and so, probably, does every- There being no objection, the mate- in making these certifications, he one else.’’ rial was ordered to be printed in the could not be prosecuted for perjury Yet this amendment would permit RECORD, as follows: under this amendment. So this amend- most partial-birth abortions since they [From the Washington Post, Mar. 14, 1997] ment, in my opinion, would be ineffec- are usually performed during the 2d SAVING THE MOTHER? NONSENSE tive, totally ineffective in protecting trimester of pregnancy. (By Charles Krauthammer) viable unborn infants. The amendment prohibits abortions Even by Washington standards, the debate Mr. President, I ask the sponsor if I of viable infants unless there is a risk on partial-birth abortion has been remark- can have an additional 2 minutes. of grievous injury to the mother’s life ably dishonest. Mr. SANTORUM. I yield 2 minutes to or health. First, there were the phony facts spun by the Senator. Abortionists who violate this law are opponents of the ban on partial-birth abor- The PRESIDING OFFICER. The Sen- subject to fines and suspension of their tion. For months, they had been claiming ator is recognized for 2 additional min- medical licenses. No provision is made that this grotesque procedure occurs (1) very rarely, perhaps only 500 times a year in the utes. for any review of the physician’s cer- United States, (2) only in cases of severe Mr. NICKLES. Mr. President, we tification or the medical basis for it. fetal abnormality, and (3) to save the life or have to ask the question Senator Unfortunately, since the abortionist the health of the mother. SMITH asked us: Why kill a viable determines the health of the mother These claims are false. The deception re- baby? That is another aspect of this and the viability of the baby, no pun- ceived enormous attention when Ron Fitz- amendment that troubles me a lot. The ishment would result no matter what simmons, an abortion-rights advocate, ad- amendment allows for the destruction the evidence. mitted that he had ‘‘lied through his teeth’’ In order for someone to be prosecuted in making up facts about the number of and of viable unborn children. rationale for partial-birth abortions. A group of physicians headed by my under this amendment they would have The number of cases is many times high- colleague from Oklahoma, Dr. TOM to voluntarily report that the child er—in the multiple thousands. And the ma- COBURN, and the Physicians’ Ad Hoc they had aborted was viable and that jority of cases involve healthy mothers

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4561 aborting perfectly healthy babies. As a doc- abortion, if you can call it that,’’ Dr. Curtis Mr. DASCHLE. I yield the Senator tor at a New Jersey clinic that performs (by Cook, a specialist in high-risk obstetrics, ob- from Connecticut 10 minutes. its own doctors’ estimate) at least 1,500 par- serves mordantly, ‘‘is that it guarantees a Mr. LIEBERMAN. Mr. President, tial-birth abortions a year told the Bergen dead baby at time of delivery.’’ today the Senate once again returns to record: ‘‘Most are for elective, not medical, Hyperbole? Dr. Martin Haskell, the coun- reasons: people who didn’t realize, or didn’t try’s leading partial-birth abortion practi- the morally perplexing question of care, how far along they were.’’ tioner, was asked (by American Medical abortion, a question which has not Yet when confronted with these falsehoods, News) why he didn’t just dilate the woman’s only divided the Senate and divided pro-abortion advocates are aggressively uterus a little bit more and allow a live baby America, but I would say that it di- unapologetic. Numbers are a ‘‘tactic to dis- to come out. Answer: ‘‘The point is here vides individual Senators and indi- tract Congress,’’ charges Vicki Saporta, ex- you’re attempting to do an abortion. . . not vidual Americans. I must say, as I have ecutive director of the National Abortion to see how do I manipulate the situation so listened to this debate today, I am federation. ‘‘The numbers don’t matter.’’ that I get a live birth instead.’’ proud to be serving here, as difficult as Well, sure, now that hers have been exposed We mustn’t have that. as false and the new ones are inconvenient to the question before us is, because of her case. DASCHLE ABORTION PROPOSAL DOESN’T PASS the thoughtful, sincere and civil way in Then, the defenders of partial-birth abor- MUSTER WITH MEDICAL PROFESSIONALS which this debate has proceeded. tion—led by President Clinton—repaired to ALEXANDRIA, VA.—The more than 600 doc- We have in front of us two responses their fall-back position: the heart-tugging tors nationwide who make up the Physi- to the problem of abortion: one that claim that they are merely protecting a cians’ Ad-hoc Coalition for Truth (PHACT) would prevent use of a specific medical small number of women who, in Clintons’ maintain that Sen. Daschle’s recently an- words, would be ‘‘eviscerated’’ and their bod- procedure, intact dilation and extrac- nounced legislative proposal regarding tion, which is used for abortion, and, a ies ‘‘ripped . . . to shreds and you could ‘‘post-viability’’ abortion will leave the prac- never have another baby’’ if they did not second that would prevent almost all tice of partial-birth abortion virtually un- have this procedure. touched, and fails to address why late-term abortions from being performed after At his nationally televised press con- viability. I believe that the second al- ference last Friday, Clinton explained why abortions are ever medically necessary. PHACT agrees with Sen. Daschle that it is ternative, Senator DASCHLE’s, more this is so: ‘‘These women, among other appropriate for Congress and the American broadly and appropriately responds to things, cannot preserve the ability to have people to consider when and under what cir- further children unless the enormity—the the mix, the difficult mix, of moral and cumstances the government may restrict ac- enormous size—of the baby’s head is reduced legal concerns at issue here, and, there- before being extracted from their bodies.’’ cess to any abortion procedure. Having the fore, I will vote for Senator DASCHLE’s Dr. Clinton is presumably talking about medical facts straight is a necessary part of amendment. hydrocephalus, a condition in which an ex- this process. In Pope John Paul II’s Encyclical cess of fluid on the baby’s brain creates an It is never medically necessary, in order to protect a woman’s life, health or future fer- Letter on the Value and Inviolability enlarged skull that presumably would dam- of Human Life, His Holiness writes age the mother’s cervix and birth canal if de- tility, to deliberately kill an unborn child in livered normally. the second or third trimester of pregnancy, that, ‘‘The direct and voluntary killing Clinton seems to think that unless you and certainly not by mostly delivering the of an innocent human being is always pull the baby out feet first leaving in just child before putting him or her to death. gravely immoral.’’ I respect, with hu- the head, jam a sharp scissors into the baby’s While it may become necessary, in the sec- mility, the depth of the Pope’s state- skull to crack it open, suck out the brains, ond or third trimester, to terminate a preg- ment and the moral conviction of mil- collapse the skull and deliver what is left— nancy because of maternal illness, abortion is never required. What is required is separa- lions of Americans of all religions who this is partial-birth abortion—you cannot recoil from abortion and believe that preserve the future fertility of the mother. tion of the child from the mother, not the This is utter nonsense. Clinton is either se- death of the child. any abortion at any stage of pregnancy riously misinformed or stunningly cynical. A Senator Daschle would limit his legisla- is a taking of life. The Pope’s state- cursory talk with obstetricians reveals that tion to third trimester or ‘‘post-viability’’ ment, and others by those who oppose there are two routine procedures for deliv- abortion. This would leave virtually un- all abortions regardless of how early in ering a hydrocephalic infant that involve touched the practice of partial-birth abor- pregnancy are powerful expressions none of this barbarity. One is simply to tap tions, since the vast majority of partial- driven by deep convictions and high the excess (cerebral spinal) fluid (draw it out birth abortions take place in the second tri- by means of a small tube while the baby is mester, several thousand times a year on moral principles. I respect and value still in utero) to decompress (reduce) the mostly healthy mothers with healthy chil- the sincerity and depth with which skull to more normal size and deliver the dren. those convictions are held and ex- baby alive. The other alternative is Cae- If maternal conditions require the pressed—certainly so by the Senator sarean section. emptying of the womb post-viability, the from Pennsylvania, who is the sponsor Clinton repeatedly insists that these standard would be to induce labor and de- of the underlying proposal. In fact, I women, including five he paraded at his cere- liver the child. By definition, the post-viable personally share many of those convic- mony vetoing the partial-birth abortion ban child delivered early is simply a premature last year, had ‘‘no choice’’ but partial-birth baby. Senator Daschle’s legislation never ad- tions. abortion. Why, even the American College of dresses the reason why it may ever be nec- But the question for me today—and Obstetricians and Gynecologists, which sup- essary to kill a premature baby, including each of us must decide this person- ports Clinton’s veto, concedes that there are those in the process of being born, in order ally—remains the same as it was when ‘‘no circumstances under which this proce- to preserve the health of a woman. I was called upon to pass public judg- dure would be the only option to save the life At 21 weeks and after, abortion is far ment during my time as a State sen- of the mother and preserve the health of the riskier to a woman’s health than childbirth. ator in Connecticut in the 1970’s after woman’’—flatly contradicting Clinton. According to the Alan Guttmacher Institute Moreover, not only is the partial-birth pro- the Roe v. Wade decision was passed (affiliated with Planned Parenthood) the down: What is the appropriate place for cedure not the only option. It may be a risk of maternal death at 21 weeks and after riskier option than conventional methods of is actually twice as great for abortion as for my personal convictions about abor- delivery. childbirth. If the chief concern is to mini- tion, my personal conviction that po- It is not hard to understand that inserting mize health risks to women who show indica- tential life begins at conception, and, a sharp scissors to penetrate the baby’s brain tions for a termination of pregnancy in the therefore, my personal conviction that and collapse her skull risks tearing the second or third trimester, then as the statis- all abortions are unacceptable? How do mother’s uterus or cervix with either the in- tics show, termination by induction of labor I relate that appropriately to my role strument or bone fragments from the skull. and delivery is clearly preferable to abor- Few laymen, however, are aware that par- as a lawmaker? tion. I struggled with this over and over tial-birth abortion is preceded by two days of Nowhere does Senator Daschle every ex- inserting up to 25 dilators at one time into plain the need to kill a post-viable child in again in the 1970’s in the Connecticut the mother’s cervix to stretch it open. That order to protect a woman’s health. Medi- State Senate. How does one, appro- in itself could very much compromise the cally, he cannot, for there is no medical rea- priately, as a lawmaker, balance the cervix, leaving it permanently incompetent, son, either in the second or third trimester right of the mother to life, the right of unable to retain a baby in future preg- of a pregnancy, to prefer killing the child to the potential life to protection by the nancies. In fact, one of the five women at delivering the child. State, and the right of privacy of the Clinton’s veto ceremony had five mis- carriages after her partial-birth abortion. The PRESIDING OFFICER (Mr. BEN- woman, the right of the woman to Why do any partial-birth abortions, then? NETT). The Democratic leader is recog- choose, which is recognized by our ‘‘The only possible advantage of partial-birth nized. courts?

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4562 CONGRESSIONAL RECORD — SENATE May 15, 1997 These competing interests that exist fore, to those fetuses that need all the The PRESIDING OFFICER. Senator throughout the pregnancy are what we assistance, postviability, that today’s from Tennessee. in the Senate are called upon, each in technology and medical science make Mr. FRIST. I rise in opposition to the our own way, to try to balance and re- available. It is a remarkable advance, Daschle amendment. I also want to solve. Our role here, it seems to me, if you will, for the pro-life movement congratulate him because I know he calls on us to resolve that competition in that regard. worked very, very, very hard with peo- in a way that respects and reflects our As I read Senator DASCHLE’s amend- ple around the country to fashion an own convictions, our constituents’, and ment, and I have spoken with him amendment that would, as narrowly as finally our Constitution. about this and he has spoken to this, it possible, define ‘‘health,’’ which I real- I was shaken, as I would imagine would prevent abortions of any fetus ly think this debate is balanced on, many Members of the Senate were, as that could survive outside the mother’s ‘‘health of the mother.’’ the debate over this partial-birth-abor- body with or without life support. I He has done his very, very best. But tion ban went on, and it sent me back asked him this question, ‘‘What about what he has tried is impossible. It has to the conflicts that I faced in the a fetus postviability that a test reveals not been done in this bill. And I think 1970’s in the Connecticut State Senate is disabled or may have Down’s syn- it probably cannot be done, defining because the partial-birth abortion, the drome, but yet can survive with life the ‘‘health of the mother’’ in such a intact dilation and extraction, is hor- support outside the mother’s body?’’ narrow, narrow fashion. rific; it is horrifying. Yet, the more I Senator DASCHLE said quite clearly to His proposal is a substitution bill focused on it, the more I got concerned me that is a viable fetus which could and, thus, that means he would put about the number of these abortions not be terminated under his amend- aside what the underlying bill does, that are being performed—and as small ment. and that is to ban the partial-birth as that number is—the number is unac- The term ‘‘viability’’ allows the pro- abortion procedure, a procedure that ceptable—the more I had to face my tection of the law to move as medical we all know is brutal, that is vicious, own personal conclusion that any abor- science advances. When Roe v. Wade that is a fringe procedure and that de- tion is unacceptable. Any abortion is was handed down, fetuses under 28 or 29 stroys life. We have heard very little horrific. weeks of gestation were not considered today that this is not a vicious, brutal It brought me back to the question of viable. Similarly, for many develop- procedure. what the role of a body of lawmakers is mental and genetic defects that led to Thus, I think the Daschle amend- in reconciling the interests of the the death of a fetus or the inability to ment attempts to shift the focus away mother, the interests of the fetus, po- survive without the mother’s bodily from the underlying bill that is ban- tential life, and in respecting the judg- support, medicine has found ways to ning this vicious procedure, and I think ments of our courts. In the end, again save those babies. Medical science has it is not going to be accepted tonight. today, I resolve that conflict with a advanced, and with it, younger and I urge opposition and voting against it sense of humility about my authority sicker fetuses now are able to live. The because I think, even if you look at the as one lawmaker, about my capacity, term ‘‘viability’’ will allow the Govern- substance of it, it does nothing—it does about my judgment in the face of the ment’s responsibility to protect poten- nothing—to decrease the number of uniquely private personal judgment tial human life to move with medical abortions in this country. And I will and right to choose that a woman has science. come back and cite why. up until the point of viability of the I want to pick up on something that No. 2, his bill, an amendment which fetus, when that right is equalized by the Senator from Oklahoma, Mr. NICK- is a substitution amendment, would the right of the fetus to be protected LES, said a short while ago. The truth still allow this vicious procedure to be by the State. is Senator DASCHLE, Senator SNOWE performed if certain criteria are met. The amendment in front of us, of- and the others who sponsored this This procedure should be outlawed. It fered by the Senate Democratic leader, amendment have reached common should be banned. Again, we have seen does, in fact, ban all abortions of viable ground. I think he has established a the graphs and we have seen the charts. fetuses, regardless of procedure, except common ground here that both pro- Let me refer to the paper ‘‘Dilation where the physician certifies that con- choice and pro-life Members of this and Extraction for Late Second Tri- tinuation of the pregnancy threatens Senate can support. I understand that mester Abortion’’ by Martin Haskell, the mother’s life or risks grievous in- many will not support it today because presented at the National Abortion jury to her physical health. it is a substitute for the underlying Federation, Risk Management Sem- It was my honor to work with Sen- legislation proposed by Senator inar, September 13, 1992. This describes the procedure in medical terms, not ator DASCHLE, Senator SNOWE and SANTORUM, and the Daschle amend- many others in preparing this amend- ment clearly does not protect fetuses with charts, not with cartoons and not ment. My personal conclusion, and previability. with all the other figures. Basically, we here I speak as a lawyer, as a former But if this amendment fails today, I have gone through it before. This is a attorney general, is that this amend- believe that it is such an advance and medical paper. But it says: ment will, in fact, ban almost all provides such an opportunity for com- When the instrument appears on the postviability abortions that might oth- mon ground that I hope Members of the sonogram screen, the surgeon is able to open erwise be performed in this country. and close its jaws to firmly and reliably Senate, regardless of their position on grasp a lower extremity. The surgeon then The definition of the exception, par- it, on this difficult and perplexing applies firm traction to the instrument caus- ticularly with the addition of the issue, will come together and help us ing an inversion of the fetus . . . and pulls words ‘‘physical health’’ tied to ‘‘griev- on another day, if not today, pass this the extremity into the vagina. . . . ous injury,’’ is very narrow. Senator legislation. With a lower extremity in the vagina, the DASCHLE’s amendment sets up a proce- I thank the Senate Democratic lead- surgeon uses his fingers to deliver the oppo- dure where the Department of HHS, er and his staff and all who have site lower extremity, then the torso, the Health and Human Services will, in shoulders and the upper extremities. . . . worked conscientiously on both sides At this point, the right-handed surgeon fact, promulgate regulations about cer- of the aisle for the thoughtful, con- slides the fingers of the left hand along the tification, will require the doctor to structive approach which will save a back of the fetus and ‘‘hooks’’ the shoulders file a certification with the Depart- lot of fetal life, if it is passed—if and of the fetus with the index and ring fingers ment. when it is passed. (palm down). . . . What doctor, and there are only a few I thank the Chair. While maintaining this tension, lifting the who perform postviability abortions, I yield the floor. cervix and applying traction to the shoulders would certify inappropriately under Mr. SANTORUM addressed the Chair. with the fingers of the left hand, the surgeon the narrow definition in this law and takes a pair of blunt, curved Metzenbaum The PRESIDING OFFICER. The Sen- scissors in the right hand. He carefully ad- risk losing his or her medical license? ator from Pennsylvania. vances the tip, curved down, along the spine Tying the State’s protection of the Mr. SANTORUM. I yield to the Sen- and under his middle finger until he feels it fetus to viability extends protection in ator from Tennessee, the only physi- contact the base of the skull under the tip of a way that I do not believe we have be- cian in the Senate. his middle finger.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4563 Reassessing the proper placement of the with certain exceptions. The author per- ger lifts and pushes the anterior cervical lip closed scissors tip and safe elevation of the forms the procedure on selected patients 25 out of the way.) cervix, the surgeon then forces the scissors through 26 weeks LMP. While maintaining this tension, lifting the into the base of the skull or into the foramen The author refers for induction patients cervix and applying traction to the shoulders magnum. Having safely entered the skull, he falling into the following categories: Pre- with the fingers of the left hand, the surgeon spreads the scissors to enlarge the opening. vious C-section over 22 weeks; Obese patients takes a pair of blunt curved Metzenbaum The surgeon removes the scissors and in- (more than 20 pounds over large frame ideal scissors in the right hand. He carefully ad- troduces a suction catheter into this hole weight); Twin pregnancy over 21 weeks; and vances the tip, curved down, along the spine and evacuates the skull contents. With the Patients 26 weeks and over. and under his middle finger until he feels it catheter still in place, he applies traction to DESCRIPTION OF DILATION AND EXTRACTION contact the base of the skull under the tip of the fetus, removing it completely from the METHOD his middle finger. patient. Reassessing proper placement of the closed Dilation and extraction takes place over scissors tip and safe elevation of the cervix, This is not somebody’s description of three days. In a nutshell, D&X can be de- the surgeon then forces the scissors into the the procedure. scribed as follows: Dilation; More Dilation; base of the skull or into the foramen mag- Mr. President, I ask unanimous con- Real-time ultrasound visualization; Version num. Having safely entered the skull, he sent that it be printed in the RECORD in (as needed); Intact extraction; Fetal skull spreads the scissors to enlarge the opening. its entirety. decompression; Removal; Clean-up; and Re- The surgeon removes the scissors and in- There being no objection, the mate- covery. troduces a suction catheter into this hole rial ordered to be printed in the Day 1—Dilation and evacuates the skull contents. With the catheter still in place, he applies traction to RECORD, is as follows: The patient is evaluated with an ultrasound, hemoglobin and Rh. Hadlock the fetus, removing it completely from the DILATION AND EXTRACTION FOR LATE SECOND scales are used to interpret all ultrasound patient. TRIMESTER ABORTION measurements. The surgeon finally removes the placenta (By Martin Haskell, M.D.) In the operating room, the cervix is with forceps and scrapes the uterine walls INTRODUCTION prepped, anesthetized and dilated to 9–11 with a large Evans and a 14 mm suction cu- rette. The procedure ends. The surgical method described in this mm. Five, six or seven large Dilapan paper differs from classic D&E in that it does hydroscopic dilators are placed in the cervix. Recovery not rely upon dismemberment to remove the The patient goes home or to a motel over- Patients are observed a minimum of 2 fetus. Nor are inductions or infusions used to night. hours following surgery. A pad check and expel the intact fetus. Day 2—More Dilation vital signs are performed every 30 minutes. Patients with minimal bleeding after 30 min- Rather, the surgeon grasps and removes a The patient returns to the operating room utes are encouraged to walk about the build- nearly intact fetus through an adequately di- where the previous day’s Dilapan are re- lated cervix. The author has coined the term ing or outside between checks. moved. The cervix is scrubbed and anes- Intravenous fluids, pitocin and antibiotics Dilation and Extraction or D&X to distin- thetized. Between 15 and 25 Dilapan are guish it from dismemberment-type D&E’s. are available for the exceptional times they placed in the cervical canal. The patient re- are needed. This procedure can be performed in a prop- turns home or to a motel overnight. erly equipped physician’s office under local ANESTHESIA Day 3—The operation anesthesia. It can be used successfully in pa- Lidocaine 1% with epinephrine adminis- tients 20–26 weeks in pregnancy. The patient returns to the operating room tered intra-cervically is the standard anes- The author has performed over 700 of these where the previous day’s Dilapan are re- thesia. Nitrous-oxide/oxygen analgesia is ad- procedures with a low rate of complications. moved. The surgical assistant administers 10 ministered nasally as an adjunct. For the D&E evolved as an alternative to induction DU Pitocin intramuscularly. The cervix is Dilapan insert and Dilapan change, 12cc’s is or instillation methods for second trimester scrubbed, anesthesized and grasped with a used in 3 equidistant locations around the abortion in the mid 1970’s. This happened in tenaculum. The membranes are ruptured, if cervix. For the surgery, 24cc’s is used at 6 part because of lack of hospital facilities al- they are not already. equidistant spots. lowing second trimester abortions in some The surgical assistant places an ultrasound Carbocaine 1% is substituted for lidocaine geographic areas, in part because surgeons probe on the patient’s abdomen and scans for patients who expressed lidocaine sensi- needed a ‘‘right now’’ solution to complete the fetus, locating the lower extremities. tivity. suction abortions inadvertently started in This scan provides the surgeon information MEDICATIONS the second trimester and in part to provide a about the orientation of the fetus and ap- All patients not allergic to tetracycline means of early second trimester abortion to proximate location of the lower extremities. analogues receive doxycycline 200 mgm by avoid necessary delays for instillation meth- The tranducer is then held in position over mouth daily for 3 days beginning Day 1. ods.1 The North Carolina Conference in 1978 the lower extremities. Patients with any history of gonorrhea, established D&E as the preferred method for The surgeon introduces a large grasping chlamydia or pelvic inflammatory disease early second trimester abortions in the forcep, such as a Bierer or Hern, through the receive additional doxycycline, 100mgm by U.S.2, 3, 4 vaginal and cervical canals into the corpus mouth twice daily for six additional days. Classic D&E is accomplished by dis- of the uterus. Based upon his knowledge of Patients allergic to tetracyclines are not membering the fetus inside the uterus with fetal orientation, he moves the tip of the in- given proplylactic antibiotics. instruments and removing the pieces strument carefully towards the fetal lower Ergotrate 0.2 mgm by mouth four times through an adequately dilated cervix.5 extremities. When the instrument appears on daily for three days is dispensed to each pa- However, most surgeons find dismember- the sonogram screen, the surgeon is able to tient. ment at twenty weeks and beyond to be dif- open and close its jaws to firmly and reliably Pitocin 10 IU intramuscularly is adminis- ficult due to the toughness of fetal tissues at grasp a lower extremity. The surgeon then tered upon removal of the Dilapan on Day 3. this stage of development. Consequently, applies firm traction to the instrument caus- Rhogam intramuscularly is provided to all most late second trimester abortions are per- ing a version of the fetus (if necessary) and Rh negative patients on Day 3. Ibuprofen orally is provided liberally at a formed by an induction method.6, 7, 8 pulls the extremity into the vagina. Two techniques of late second trimester By observing the movement of the lower rate of 100 mgm per hour from Day 1 onward. Patients with severe cramps with Dilapan D&E’s have been described at previous NAF extremity and version of the fetus on the dilation are provided Phenergan 25 mgm sup- meetings. The first relies on sterile urea ultrasound screen, the surgeon is assured positories rectally every 4 hours as needed. intra-amniotic infusion to cause fetal demise that his instrument has not inappropriately grasped a maternal structure. Rare patients require Synbalogos DC in and lysis (or softening) of fetal tissues prior order to sleep during Dilapan dilation. 9 With a lower extremity in the vagina, the to surgery. Patients with a hemoglobin less than 10 g/ surgeon uses his fingers to deliver the oppo- The second technique is to rupture the dl prior to surgery receive packed red blood site lower extremity, then the torso, the membranes 24 hours prior to surgery and cut cell transfusions. the umbilical cord. Fetal death and ensuing shoulders and the upper extremities. FOLLOW-UP autolysis soften the tissues. There are at- The skull lodges at the internal cervical tendant risks of infection with this method. os. Usually there is not enough dilation for All patients are given a 24 hour physician’s In summary, approaches to late second tri- it to pass through (The fetus is oriented dor- number to call in case of a problem or con- mester D&E’s rely upon some means to in- sum or spine up.) cern. At least three attempts to contact each pa- duce early fetal demise to soften the fetal At this point, the right-handed surgeon tient by phone one week after surgery are tissues making dismemberment easier. slides the fingers of the left hand along the back of the fetus and ‘‘hooks’’ the shoulders made by the office staff. PATIENT SELECTION of the fetus with the index and ring fingers All patients are asked to return for check- The author routinely performs this proce- (palm down). Next he slides the tip of the up three weeks following their surgery. dure on all patients 20 through 24 weeks LMP middle finger along the spine towards the THIRD TRIMESTER skull while applying traction to the shoul- The author is aware of one other surgeon * Footnotes to appear at end of article. ders and lower extremities. (The middle fin- who uses a conceptually similar technique.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4564 CONGRESSIONAL RECORD — SENATE May 15, 1997 He adds additional changes of Dilapan and/or is board trained. I have my boards in pression, for emotional reasons. And lamineria in the 48 hour dilation period. Cou- general surgery. We are talking about this bill has a huge loophole by this pled with other refinements and a slower op- surgical procedures. I spent about 14 definition of ‘‘grievous injury’’ mean- erating time, he performs these procedures years in trauma centers. When we talk up to 32 weeks or more. 10 ing ‘‘severely debilitating disease.’’ about trauma, we talk about the heart The only other definition of ‘‘griev- SUMMARY and pulmonary hypertension and we ous injury’’ in this amendment is ‘‘im- In conclusion Dilation and Extraction is an talk about other related diseases. alternative method for achieving late mestar So I want to comment, with that as pairment specifically caused by the abortions to 26 weeks. It can be used in the pregnancy.’’ third trimester. my background. And I have delivered Among its advantages are that it is a babies. I am not an obstetrician, but I I have done five heart transplants on quick, surgical outpatient method that can do want people to know I know a little cardiomyopathy, postcardiomyopathy be performed on a scheduled basis under bit about the medical literature. I want people who I have transplanted. Those local anesthesia. to comment on my view as a U.S. Sen- five women are alive. Their children Among its disadvantages are that it re- ator, but also as a physician. are alive. Did their pregnancy cause quires a high degree of surgical skill and Basically, this bill says that: It shall the cardiomyopathy or the bad pump- may not be appropriate for a few patients. be unlawful for a physician knowingly FOOTNOTES ing heart that I had to replace? I do to perform an abortion after the fetus not know if it caused it or not, was as- 1 Cates, W. Jr., Schulz, K.F., Grimes D.A., et al: has become viable unless the physician sociated with it. But it says for ‘‘griev- The Effects of Delay and Method of Choice of the certifies that the continuation of the Risk of Abortion Morbidity, Family Planning Per- ous injury,’’ ‘‘a severely debilitating pregnancy would threaten the mother’s spectives, 9:266, 1977. disease or impairment specifically 2 Borell, U., Emberey, M.P., Bygdeman, M., et al: life—I think most people agree with ev- caused by the pregnancy.’’ I have taken Midtrimester Abortion by Dilation and Evacuation erything so far—or risk grievous injury (Letter) American Journal of Obstetrics and Gyne- hearts out of people that I guess one to her physical health. That is the cology, 131:232, 1978. could say was caused by the pregnancy. 3 Centers for Disease Control: Abortion Surveil- problem. ‘‘Grievous injury’’ is not a They had normal children. But I am a lance 1978, p. 30, November, 1980. medical term. It is not even accepted 4 little hesitant to allow this loophole as Grimes, D.A. Cates, W. Jr., (Berger, G.S., et al, as a medical term. It is not in the med- ed): Dilation and Evacuation, Second Trimester well. Abortion—Perspectives After a Decade of Experi- ical dictionary. It is a term that was ence, Boston, John Wright—PSG, 1981, p. 132. crafted, I think, by the Democratic It comes down to supporting, I think, 5 Ibid, p. 121–128. leader to try to allay people’s feelings. this whole big loophole. We know that 6 Ibid, p. 121. 7 Kerenyi, T.D. (Bergen, G.S. et al, ed): Hypertonic It defines ‘‘grievous injury’’ as ‘‘a se- in Doe versus Bolton in 1973, health is Saline Instillation, Second Trimester Abortion— verely debilitating disease.’’ Well, defined as ‘‘all factors: physical, emo- Perspectives After a Decade of Experience, Boston, again that sounds pretty good, but I tional, psychological, mental, the John Wright—PSG, 1981, p. 79. can tell you what is a severely debili- women’s age relevant to the well-being 8 Hanson, M.S. (Zatuchni, G.I. et al, ed): Midtrimester Abortion: Dilation and Extraction tating disease to one physician is not of the patient.’’ And that is the prob- Preceded by Laminaria, Pregnancy Termination going to be the same to another. To lem. The health can be anything you Procedures, Safety and New Developments, Hagers- me, in heart disease, a severely debili- town, Harper and Row, 1979, p. 192. want it to be. It can be emotional 9 Hern, W.M. Abortion Practice. Philadelphia, J.B. tating disease is when a patient is health, physical health, mental health. Lippincott, 1990, p. 127. 144–5. going to die in 3 months. And it is really hard to separate out 10 McMahon, J., personal communications, 1992. To other physicians, a severely de- the two. In fact, I would say it is im- Mr. FRIST. Mr. President, the Amer- bilitating disease would be maybe some possible as a physician to separate ican Medical Association has afforded heart attack. To me, that is not se- physical from mental health. It is im- to me a statement, because a number verely debilitating. But another physi- possible to do. of people on both sides have mentioned cian thinks a heart attack is severely the board of trustees report. The Sen- debilitating. Why? Because I am a I am a trauma surgeon. I am a heart ator from Louisiana just quoted it. Let heart transplant surgeon. The people I surgeon, lung surgeon. I have my me say that the trustee report that see are all, without intervention, going boards in cardiothoracic surgery and people have been referring to has not to die shortly. general surgery. But I am not an obste- been approved, has not been approved My point is that ‘‘severely debili- trician. So I simply called my expert by the American Medical Association. tating disease’’ depends on who the friends around and asked them a very It is OK for people to cite it, I would person is, who the physician is, what specific question. Point blank, is there think, but it does not become AMA pol- his or her experiences are. ever a time when it is necessary to de- icy until it is approved by the house of Depression. Is that a severely debili- stroy a viable fetus? Remember, a via- delegates. And it has not yet been ap- tating disease? ble fetus is one that, at the point in proved. It has not been sent to the Remember, 39 cases—Dr. McMahon in time when you took it out of the house of delegates yet. California has been cited earlier. There womb, would live, would grow up, have No. 2, it has been suggested that the were 39 cases in which he did the proce- a job, have a family. Do you ever de- AMA supports one side or the other. It dure called or referred to as a partial- stroy that opportunity? Is it ever nec- was suggested earlier that the AMA is birth abortion. In 39 cases he did it for essary for the health of the mother, for the Daschle amendment. I quote depression—he did it for depression. Is physical or otherwise, ever necessary the AMA in a press release released that a severely debilitating disease or for emotional reasons or financial rea- about 30 minutes ago. ‘‘The report,’’— is that a physical disease? sons or social reasons, which all can be meaning the board of trustees report— I can tell you today that if somebody called health, but necessary for her ‘‘does not directly address any pending is depressed, it is going to affect them legislation regarding ‘partial-birth physically. It might affect their heart physical health? And the answer—the abortion.’ The AMA does not support rate. It is going to affect their atti- answer—is a resounding ‘‘No.’’ any legislative proposals at this time.’’ tude. They may not have any appetite. So, while I support the Democratic So I think we need to make that very You cannot separate mental health leader’s attempt to narrow the defini- clear. from physical health, especially in a tion, it cannot be done. It is not done So the substitution bill—amendment bill or statute like this. I cannot do it in this amendment, and I would con- really—addresses a whole different as a physician. I will guarantee you, tend that it cannot be done. issue, not the procedure that we are other physicians cannot. So I asked Dr. Koop—in fact, I have a here to ban, this vicious procedure. So to throw physical health in there letter from Dr. Koop. I ask unanimous But let us look at the piece of legisla- to attempt to narrow this down does consent to have it printed in the tion that the Democratic leader has in- not work. It just does not work. We troduced. This is a real problem, a real know that physical health influences RECORD. fundamental problem. I do say this as a mental health and mental health influ- There being no objection, the letter physician, as somebody who spent 4 ences physical health. We do know that was ordered to be printed in the years in medical school, somebody who abortions are performed today for de- RECORD, as follows:

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4565 THE G. EVERETT KOOP dress the underlying issue. I urge all of champions will be here to vote for the INSTITUTE AT DARTMOUTH, my colleagues to support and continue Daschle amendment. Hanover, NH, May 13, 1997. to support the ban on the partial-birth I ask all of my colleagues to think of Hon. WILLIAM FRIST, MD, abortion. your wife or your daughter or your sis- U.S. Senate ter. If they are faced with a threat- Washington, DC. Mr. DASCHLE. I yield 5 minutes to DEAR BILL: It is never necessary to destroy the Senator from Washington. ening, serious and grievous illness like a viable fetus in order to preserve the health The PRESIDING OFFICER. The Sen- cancer, would you not want their doc- of the mother. Although I can’t think of an ator from Washington. tor to have every option available to example, if it were deemed beneficial for the Mrs. MURRAY. Thank you, Mr. save their life? We should remember mother to be without the fetus, it could be President. this is about protecting the women. delivered by induction or C-section. Abortion Mr. President, I rise today as a co- I urge my colleagues to seriously is truly more traumatic than either and ex- sponsor of the Daschle amendment think about the grievous consequences poses the mother to future problems with an that is before us. I want to take a of the decision that this body is mak- incompetent cervix, miscarriage, and infer- minute to thank and applaud the ing today. I urge them to support the tility. thoughtful, commonsense solution that Sincerely yours, Democratic leader for the amount of Senator DASCHLE and others have put C. EVERETT KOOP, MD, SCD. work that he has put into this very dif- ficult and divisive issue, to try to find forward and to reject the Santorum Mr. FRIST. This letter from Dr. Koop bill. is dated May 13, 1997. It is a letter to common ground that not only Members of the Senate can agree on but people I thank the Senator from South Da- me. It says the following: kota and yield my time back to him. across this country can find common DEAR BILL: Mr. DASCHLE. Mr. President, I yield It is never necessary to destroy a viable sense in. 5 minutes to the distinguished Senator The majority of Americans do sup- fetus in order to preserve the health of the from Connecticut. mother. Although I can’t think of an exam- port Roe versus Wade and want to pro- Mr. President, I withdraw that re- ple, if it were deemed beneficial for the tect a woman’s right to choose mother to be without the fetus, it could be quest. previability. The Daschle amendment Mr. GRAMM. Go ahead, I might be delivered by induction or C section. Abortion does that. The vast majority of Ameri- is truly more traumatic than either and ex- enlightened. poses the mother to future problems with an cans want to ensure that if there is a Mr. DODD. Hope springs eternal. incompetent cervix, miscarriage, and infer- healthy baby in a healthy woman, that The PRESIDING OFFICER. The Sen- tility. that baby is born in this country, and ator from Connecticut. Sincerely yours, C. Everett Koop. the Daschle amendment does that. Mr. DODD. I thank my colleague The first sentence: ‘‘It is never nec- The vast majority of Americans also from Texas, and my Democratic leader, essary to destroy a viable fetus in want to ensure that, if a woman’s life Senator DASCHLE, for yielding some order to preserve the health of the is at risk, she is not forced to keep a time. mother.’’ pregnancy and lose her life herself or Mr. President, I have some brief re- That is from Dr. Koop. have a grievous injury as a result of marks, and I begin by commending the Steadman’s Dictionary, the dic- that. The Daschle bill protects a wom- Democratic leader, Senator DASCHLE, tionary we use to define ‘‘viable fetus’’ an’s health. for offering what I think is a very denotes a fetus that is ‘‘sufficiently de- I know we have heard a lot of argu- thoughtful and reasonable substitute veloped to live outside the uterus.’’ ments about this. We have listened to proposal before the Senate. I want to As a physician, I have tried to think this debate all day long. For my col- associate my remarks with those of my of a circumstance where you can jus- leagues, I want us to remember this is colleague from Connecticut, Senator tify destroying that viable fetus. I can- not about choice or termination of un- LIEBERMAN, who spoke a few moments not. Not only do we have alternatives, wanted pregnancy. This debate right ago about the difficult decision that which we have—the delivery of a nor- now is about women’s health. Congresses over the last quarter of a mal child. The Santorum bill that is pending be- century have grappled with since the So I asked a number of people, and fore the Senate today does not and will adoption of Roe versus Wade by the Su- my colleagues have said, no, they can- not end late-term, postviability abor- preme Court of the United States. It is not think of a circumstance. So it tions. As the Democratic leader has never an easy issue. Mr. President, let me also state at seems to me to be pretty simple. When pointed out, there are other alter- the outset that I have deep respect for you have a viable fetus, once it is re- natives out there. What this bill does those who have differing views on this do is subject women to more dangerous moved from the womb or leaves the issue. By and large, people in this body womb, do you kill it? Do you allow it procedures that could render them in- have held out a great deal of respect to progress to delivery? Or do you fertile. What the Santorum bill will do for those with opposing views on this allow the pregnancy to continue is forever eliminate the ability of a issue. It is not easy. There are those throughout the entire 9 months? Re- physician to take whatever steps are who take the position except where the member, it is a viable child. necessary to protect the health of his life of the mother is involved, abortion So, Mr. President, I think we see, as or her patient. If the Santorum legisla- ought to be banned. I respect that we step back, that we have an under- tion is enacted over the objections of view. I disagree with it. There are lying bill that is brutal, vicious, that the President, doctors who try to pro- those who take the view that abortion we need to ban—and that is the partial- vide the best care possible for their pa- ought to be allowed under any cir- birth abortion. The attempt today has tients will be arrested. I can tell my cumstance during pregnancy. I respect been made to put that bill aside, put in colleagues that I have more faith in a that view. I disagree with it. a bill which basically cannot define the physician to make these decisions than What Senator DASCHLE has offered health of the mother, that leaves a I do in the U.S. Senate. here today, I think, is a reasonable ap- huge loophole that I contend might This debate is about the health of a proach to dealing with the issue of even increase the number of abortions, woman. This is about women across postviability abortion. It does so by ad- because once you put in writing what this country and their ability to make dressing concerns that have been raised this loophole is, everybody is going to sure that their health is protected. over the years, putting aside the par- say that the health of the mother is de- That is what the Daschle amendment ticular procedure which is the subject, bilitating, is grievous. And once that is does. of course, of the proposal being offered certified by a physician, all of a sudden I listened to my colleagues time and by our colleague from Pennsylvania. you do the procedure. You can even do again on this floor, come to the floor to That is, it tries to limit and define the a partial-birth abortion, this vicious say they are protecting women’s circumstances under which a fetus procedure, if you meet that certifi- health. We have had many debates would be aborted in the postviability cation criteria laid out in the bill. about women’s health, with many period. Mr. President, I feel strongly—feel champions of women’s health on this I say with all due respect, obviously strongly—that we must defeat the floor. I hope those Senators who so with the exception of one of our col- Daschle proposal, that it does not ad- quickly rush to this floor to be those leagues, none of us are physicians. We

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4566 CONGRESSIONAL RECORD — SENATE May 15, 1997 are Senators. We are public figures. I tion does not permit abortion—by any place in jeopardy the medical license of have a great deal of hesitancy, Mr. method—in these circumstances. But, a physician has to be taken very, very President, to engage in debate and dis- we also recognize that a woman’s life seriously. I cannot believe that the cussion on the floor of the U.S. Senate and physical health, when either is se- overwhelming majority of doctors in and to try to take on responsibilities riously threatened, should be pro- this country, when considering wheth- where we lack expertise. tected. er or not circumstances existed which What the proposal of our colleague Tragically, that is sometimes the would warrant having a postviability from Pennsylvania suggests is that we case when a woman is in the later abortion, would not want to know very, ban a particular procedure. I respect stages of pregnancy. Thankfully, such very carefully whether or not those cir- that but I do not feel in any way ade- instances are rare. But they do occur. cumstances were being met as dictated quately prepared to be engaged in de- And when they do, abortion is some- by the substitute of the Senator from ciding whether or not certain medical times the only way to save the wom- South Dakota. I don’t think any doctor procedures are adequate or inadequate. an’s life or preserve her health from would violate this ban when doing so I note that the College of Obstetricians grievous, lasting, physical damage. I would mean loss of his or her very live- and Gynecologists, on behalf of some cannot turn my back on women who, lihood. 38,000 physicians, has endorsed the along with their husbands, desperately I believe this is a real solution. I be- Daschle proposal. I do not suggest that want the children with whom their are lieve it would make a difference. I be- everyone has. I suspect there are those pregnant and then tragically find lieve it would give this body an oppor- who disagree within the medical pro- themselves with their physical health tunity to really speak in a far broader fession about abortion, just as physi- at grievous risk. Such cases should be and meaningful way on this issue that cians disagree about other medical excepted under a ban on post-viability I think the Nation would applaud. issues, and just as there are those who abortions, and that is what the Daschle There will be some who obviously dis- are not physicians who have disagree- proposal does. agree with this because they think it ments. Some argue, Mr. President, that does not go far enough, others who But I believe that Senator SNOWE and there are never health circumstances think this goes way too far. But from Senator DASCHLE, as I said, have of- that would require partial-birth abor- my point of view, Mr. President, I fered a carefully crafted measure that tion. Others say that post-viability think this strikes the reasonable bal- will actually reduce the number of abortions are never necessary. Viable ance and reflects where most people abortions performed in this country in babies, they argue, can just be deliv- are on this issue. None feel terribly the postviability period. I share the ered. Mr. President, in those cases comfortable with this. I know of very hope expressed by my colleague from where the mother faces a serious few who enjoy any sense of comfort in Connecticut, Senator LIEBERMAN, a few health risk and a viable baby can still discussing, or considering even, this moments ago. It appears there will not be delivered alive, it is. But sadly, that issue. So, today, we are given an oppor- be enough votes to support the Daschle is not always the case. As the Amer- tunity to do something meaningful on amendment. I hope that is not the ican College of Obstetricians and Gyne- this, not on a procedure-by-procedure case, but it may be such. I also hope cologists has explained, after viability, basis, but to deal fundamentally with that we will come to the point where ‘‘terminating a pregnancy is performed the issue of what and how a woman, this reasonable proposal becomes the in some circumstances to save the life her doctor and her family can act position of the majority, if not unani- or preserve the health of the mother.’’ under the most serious and trouble- mously, of Members of this body. There The Senator from South Dakota, some circumstances. I applaud the Sen- are those who have disagreed on this along with the Senator from Maine, worked very, very hard to craft lan- ator from South Dakota for this effort. issue and will continue to do so, but if I support this effort. I hope my col- we can find common ground on this guage here that would ban post-viabil- ity abortions except to deal with life leagues will do so, as well. particular proposal where we would Mr. HATCH. Mr. President, I rise endangerment or grievous, serious, deal with the issue in a broader context today to speak in support of H.R. 1122, physical conditions. That is an effort than the issue of approaching this situ- the Partial Birth Abortion Ban Act of reached through serious consultation. I ation procedure by procedure by proce- 1997. dure by procedure, sitting here as a think all of our colleagues here, as the I understand that many people on body trying to determine whether each Senator from Tennessee indicated ear- both sides of this issue have very and every one of those procedures is lier, have deep appreciation for the strongly held beliefs. I respect those medically sound or proper or right. time and effort that the Democratic whose views differ from my own. And I The procedure of abortion itself, no leader has put into this effort. This was condemn, as I know every other Mem- matter how it is performed, can be de- not legislation or wording crafted by ber of this body does, the use of vio- scribed, of course, in the most brutal staff here trying to come up with some lence or any other illegal method to ex- terms, and all of us understand that. It words that would make all of us feel press any point of view on this issue. does not mean, necessarily, that you comfortable. Rather, the Senator from Unfortunately, Mr. President, it ought are going to ban all the procedures at South Dakota went about the business to be noted the expression of points of any time except, of course, if you sub- of asking people all across this country view on the issue of partial-birth abor- scribe to the notion that abortion who are knowledgeable to define lan- tion has been marked by half-truths ought to be banned from conception. guage which they could support and and the knowing or reckless deception So this proposal here, I think, does could relate to. The fact that the Col- of the American people. offer people of different views on this lege of Obstetricians and Gynecologists Let us be very clear about what is at issue a chance to come together to do supports this language, I think, is a issue in this legislation. Despite the something in a positive and construc- good indication that they feel com- rhetoric of the bill’s more extreme op- tive way and deal with this issue in a fortable that this would do what the ponents, it is not about the right of a much more generic way than the effort Senator wants to do. They do not nec- woman who so chooses to have an abor- to do so on a procedure-by-procedure essarily agree with what he wants to tion. H.R. 1122 does not address wheth- basis—an effort, by the way, that do, but they believe they can function er all abortions after a certain week of would not stop a single abortion. as medical professionals and define pregnancy should be banned, nor Mr. President, regarding the issue of clearly what must be done. whether late-term abortions should be the health of the mother, when a The fact there is a certification proc- permitted only in certain cir- woman and her fetus are both healthy ess here is important. The suggestion cumstances. The Partial-Birth Abor- and the fetus is able to survive outside that this certification is somehow tion Ban Act of 1997 bans one, and only the womb, we should not and do not going to allow for widespread violation one, specific abortion procedure. permit abortion. Roe versus Wade and of the ban is, I think, mistaken. As the During a joint hearing of the Senate subsequent decisions do not permit Senator from Connecticut, Senator Judiciary Committee and the House abortion in these circumstances. The LIEBERMAN, my colleague, pointed out, Judiciary Subcommittee on the Con- Senator from South Dakota’s legisla- a certification process which would stitution on partial birth abortions,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4567 held March 11, 1997, Dr. Curtis Cook, a In a June 23, 1995 submission to the the March 1997 hearing, all too often board-certified obstetrician/gyne- House Judiciary Constitution Sub- passively accepted false or inaccurate cologist and a subspecialist in mater- committee, the late Dr. James McMa- information from pro-abortion sources nal-fetal medicine, also known as high hon, one of two doctors who had, at the and reported it, unexamined, as news, risk obstetrics, described the partial- time, admitted performing partial- succeeded in misleading the American birth abortion procedure as follows: birth abortions, wrote that anesthesia people and their elected representa- An instrument is then inserted into the given to the mother during the proce- tives about the horrible reality of par- uterus to grasp the leg of her living baby and dure caused fetal demise. In a so-called tial-birth abortion. How many times drag it down into the cervix and into the va- fact sheet circulated to Members of the during the Senate debate on this issue gina. The baby is then delivered up to the House, Dr. Mary Campbell, medical di- in the last Congress did we hear that level of the after-coming head, before grasp- rector of Planned Parenthood who tes- such procedures were extremely rare ing the baby’s chest and stabilizing the tified at the Judiciary Committee skull. The base of the skull is then punc- and performed only to save the life of tured with a sharp instrument, and a suction hearing, wrote: ‘‘The fetus dies of an the mother in cases of severe fetal ab- instrument is then [placed into the hole] overdose of anesthesia given to the normalities? after it has been enlarged. The brain con- mother intravenously . . . [The anes- One of the greatest strengths of our tents are then sucked out, thereby killing thesia] induces brain death in a fetus free society is that the truth usually the fetus and collapsing the skull, allowing in a matter of minutes. Fetal demise manages to emerge into the light. And the infant to thereby deliver. therefore occurs at the beginning of so it is with partial-birth abortions. Only this inhumane procedure, which the procedure while the fetus is still in The recent admissions by Ron Fitz- our colleague from New York, Senator the womb.’’ This claim was picked up simmons, executive director of the Na- MOYNIHAN, has described as ‘‘close to and reported by the media, as in a No- tional Coalition of Abortion Providers, infanticide,’’ would be prohibited under vember 5, 1995 editorial in USA Today as reported in the American Medical this legislation. which stated, ‘‘The fetus dies from an Association’s weekly newspaper, Amer- The record in support of this legisla- overdose of anesthesia given to its ican Medical News, dated March 3, 1997, tion is long. At the March 1997 Senate- mother.’’ have finally broken through the abor- House joint hearing, we heard from 10 When Senator ABRAHAM referred to tion extremists’ smokescreen of decep- witnesses, including representatives of that statement during the medical tion and confirmed what many already the major organizations on both sides panel at the 1995 Judiciary Committee knew to be true, that Fitzsimmons, of this issue and a medical doctor who hearing, the president of the American like others, had ‘‘lied through my specializes in maternal-fetal medicine. Society of Anesthesiologists, Dr. Norig teeth’’ when he said the partial-birth In November 1995, the Judiciary Com- Ellison, flatly responded, ‘‘There is ab- abortion procedure was used rarely and mittee held a comprehensive, 61⁄2-hour solutely no basis in scientific fact for only on women whose lives were in hearing on the subject of partial-birth that statement.’’ The American Soci- danger or whose fetuses were damaged. abortions. The committee heard from a ety of Anesthesiologists had sought the As he himself admits, ‘‘I just went out total of 12 witnesses presenting a vari- opportunity to set the record straight there and spouted the party line.’’ ety of perspectives on this issue, in- and, although they did not take a posi- The terrible truth is that this grisly cluding a registered nurse who had tion on the partial-birth abortion ban, procedure is, according to Fitz- worked as a temporary nurse for 3 days to their credit they came forward out simmons, used as many as three or four in the clinic of a doctor who performs of concern for this harmful misin- thousand times a year, with the vast this procedure and who testified as to formation. majority of such abortions performed her personal experience in observing The March 1997 Senate-House hear- in the 20-plus week range on healthy the procedure, from four ob-gyn doc- ing, appropriately entitled ‘‘Partial fetuses and healthy mothers. As Fitz- tors, from an anesthesiologist, from an Birth Abortion: The Truth,’’ docu- simmons put it: ‘‘You know they’re ethicist, from three women who had mented how the leaders of major pro- primarily done on healthy women and personal experience either with having abortion groups repeated, over and healthy fetuses and it makes you feel or declining to have a late-term abor- over again, their false mantra that par- like a dirty little abortionist with a tion, and from two law professors who tial-birth abortions were extremely dirty little secret.’’ discussed constitutional and legal rare and performed only in exceptional The truth is that partial-birth abor- issues raised by this legislation. circumstances. These charts contain a tions are being performed on an elec- I find it difficult to comprehend how sampling of such statements. On this tive basis, where the abortion is being any reasonable person could examine first chart, we have statements from performed for non-health related rea- the mountain of evidence and continue the National Abortion and Reproduc- sons on healthy fetuses and healthy to defend the partial-birth abortion tive Rights Action League, including mothers, and even though there are procedure. The indefensibility of this one by Kate Michaelman, dated Decem- equally safe alternative abortion pro- procedure is so evident, even to those ber 8, 1995, in which she stated ‘‘These cedures available. who oppose this legislation, that, to are rare procedures, performed under As Congress has considered this date, few have tried to defend partial- only the most compelling circum- issue, and, in particular, as more and birth abortions. Instead, abortion advo- stances of life endangerment. . . .’’ The more members of the medical commu- cates embarked on what became a pat- next chart contains similar statements nity have spoken out with respect to tern of dissemblance and deception in- from Planned Parenthood of America, partial-birth abortion, it has become tended to make this procedure appear typified by a November 1, 1995 Planned abundantly clear that there is no med- less barbaric and thus more palatable Parenthood press release which states ical necessity or justification for the to the American people. ‘‘The procedure . . . is extremely rare use of this inhumane procedure to pro- Even worse, opponents of the bill not and done only in cases when the wom- tect either the life or the health of the only misrepresented the partial-birth an’s life is in danger or in cases of ex- mother. Indeed, partial-birth abortion abortion procedure—which is bad treme fetal abnormality.’’ As recently can be harmful to a woman’s health. enough—but also spread potentially as February 25, 1997, the National Abor- The absence of any medical justifica- life-threatening misinformation con- tion Federation was spreading the false tion for partial-birth abortion is now cerning the effects of anesthesia on the message, via its Internet web page, well-documented in the legislative fetus of a pregnant woman that could that ‘‘[T]his particular procedure is records of the 104th and 105th Con- prove catastrophic to women’s health. used only in about 500 cases per year, gresses. Several of my colleagues will By falsely claiming that anesthesia generally after 20 weeks of pregnancy, discuss this particular issue in greater kills the fetus, opponents spread misin- and most often where there is a severe detail. Let me just quote former Sur- formation that could deter pregnant fetal anomaly or maternal health prob- geon General C. Everett Koop, who said women who might desperately need lems detected late in pregnancy.’’ in an interview in the American Med- surgery from undergoing surgery for For a time, the pro-abortion lobby’s ical News, that ‘‘in no way can I twist fear that anesthesia could kill or brain- campaign of misinformation, aided by my mind to see that the late-term damage their unborn child. a media which, as was demonstrated at abortion described—you know, partial

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4568 CONGRESSIONAL RECORD — SENATE May 15, 1997 birth and then destruction of the un- abortion is performed, when the fetus stricted right to have an abortion at born child before the head is born—is a is literally just inches away from birth, the request of a woman under any and medical necessity for the mother. It these fetuses may actually qualify as all circumstances. certainly can’t be a necessity for the persons under the Constitution as in- H.R. 1122’s ban on partial-birth abor- baby. So I am opposed to . . . partial- terpreted by the Court in Roe and its tions clearly passes muster under the birth abortions.’’ progeny, entitled to all of the protec- Casey undue burden standard. The In addition, a group of over 400 obste- tions of law that all other American record before Congress establishes that trician-gynecologists and maternal citizens enjoy. The Supreme Court’s there are several safe, standard abor- fetal specialists have unequivocally decision in Roe makes clear that the tion techniques for providing abortions stated that ‘‘partial-birth abortion is Court did not even consider—let alone other than the partial-birth procedure. never medically necessary to protect a decide—whether partial-birth abortion Congress’s fact finding is entitled to mother’s health or future fertility.’’ In could be prohibited. Congress is, there- considerable respect and deference fact, the opposite is true: The proce- fore, free to address and decide this from the courts. H.R. 1122 does not pre- dure ‘‘can pose a significant threat to issue on its merits, and to pass a stat- vent a woman from having an abortion, both her immediate health and future ute protecting such partially born chil- nor does it force a woman to undergo fertility.’’ dren. an unacceptably dangerous or painful Let me address one important aspect Even if one believes that a partially medical procedure. H.R. 1122 merely of the debate over the Partial-Birth born child is not a person under the bars a physician from performing an Abortion Ban Act; the argument raised 14th amendment, Supreme Court juris- abortion in one particular manner. It by opponents of this bill that it would prudence on abortion, principally ar- has neither the purpose nor effect of violate the right of women to obtain ticulated in Planned Parenthood of prohibiting or restricting abortions abortions and is therefore unconstitu- Southeastern Pennsylvania versus other than those performed by the par- tional under Roe versus Wade. Casey, fully permits Congress to ban tial-birth procedure, and leaves in The constitutional arguments raised place alternative methods of abortion. partial-birth abortions. in opposition to the Partial-Birth It thus would not constitute an undue While the Supreme Court in Roe Abortion Ban Act reflect a funda- burden on a woman’s right to choose to versus Wade established a right for a mental misunderstanding of constitu- have an abortion. tional principles and of the Supreme woman to choose to have an abortion, Since banning partial-birth abortions Court’s abortion jurisprudence. This is the Court explicitly rejected the argu- does not place an undue burden on a not only my view, but the view of nu- ment that the right to an abortion is mother’s right to choose to have an merous respected constitutional schol- absolute, and that a woman is entitled abortion, H.R. 1122 will be upheld as ars at our Nation’s finest law schools, to terminate her pregnancy at what- constitutional if it is reasonably re- including Douglas Kmiec of the Notre ever time, in whatever way, and for lated to a legitimate government inter- Dame Law School, Michael McConnell whatever reason she alone chooses. est. The Supreme Court has recognized of the University of Utah College of In Planned Parenthood versus Casey, many legitimate—and even compel- Law, and of other authorities on con- the Court established a bifurcated ap- ling—interests that may justify abor- stitutional law, such as William Barr, proach to determine whether an abor- tion statutes such as this. former Attorney General of the United tion statute is constitutional, drawing In Roe itself, the Court acknowledged States. Congress can constitutionally, a line at fetal viability. In reviewing a the government’s legitimate interest in and should morally, prohibit the par- statute regulating abortion, a court safeguarding health, maintaining med- ticular, inhumane abortion procedure must first determine whether the stat- ical standards and in protecting poten- addressed by this legislation. ute imposes an undue burden on the tial life. The Court has also recognized Banning partial-birth abortions does mother’s right to choose to have an as legitimate interests: protecting im- not violate the Supreme Court’s hold- abortion. If the statute does not im- mature minors, promoting general ing in Roe versus Wade, or any of the pose an undue burden on the mother, health, promoting family integrity, Court’s other abortion decisions. I dif- the court must then determine whether and encouraging childbirth over abor- fer strongly with the Court’s ruling in the statute reasonably relates to a le- tion. Roe, and believe the jurisprudence gitimate governmental purpose. Once In addition, this act serves the legiti- willed by the Court was fundamentally the fetus is viable, the Government can mate government interest of pro- flawed. Nevertheless, I recognize that prohibit abortion. tecting human life, that of the child Roe is the law, and that we should en- Under Casey, pre-viability regulation who is otherwise killed after being par- deavor to craft legislation that is con- of abortion is constitutional so long as tially delivered from his mother’s sistent with its progeny. it does not constitute an undue burden womb. Partial-birth abortion would be While the Court in Roe did hold that on the abortion liberty. The essence of criminal infanticide but for a mere the word ‘‘person,’’ as used in the 14th the undue burden test is whether the three inches. Banning this procedure amendment, does not include the ‘‘un- law, on its face, places a substantial would protect children from being born,’’ it has never addressed the con- obstacle on the woman’s liberty inter- killed during the delivery process. stitutional status of those who are in est that effectively deprives her of the The act also serves the interests of the process of ‘‘being born,’’ and there right to make the ultimate decision of protecting the dignity of human life is no controlling legal authority on whether or not to have an abortion. and preventing cruel and inhumane this precise issue. Indeed, the Supreme Writing for the Court, Justice O’Con- treatment. The partial-birth procedure Court specifically noted in its decision nor wrote: is a particularly heinous method of that the plaintiffs in Roe did not chal- A finding of an undue burden is a short- abortion, one that inflicts excruciating lenge the constitutionality of the hand for the conclusion that a state regula- pain on the child. No one would ques- Texas statute which prohibited killing tion has the purpose or effect of placing a tion a statute prohibiting the treat- of a child during the birth process. substantial obstacle in the path of a woman ment of animals in such a manner. In The child involved in a partial-birth seeking an abortion of a nonviable fetus. . . fact, we have laws and regulations pre- abortion is unquestionably one in the . What is at stake is the woman’s right to venting harsh and painful treatment of process of being born. The statutory make the ultimate decision, not a right to be laboratory animals in government re- definition of partial-birth abortion insulated from all others in doing so. . . .’’ search projects. Surely the government contained in H.R. 1122 is clear and pre- A prohibition on partial-birth abor- has a legitimate interest in extending cise: ‘‘the term partial-birth abortion tions would not unduly burden a wom- at least the same level of protection to means an abortion in which the person an’s right to have an abortion even in living children in their last seconds be- performing the abortion partially pre-viability cases. Just as the right to fore birth. vaginally delivers a living fetus before have an abortion first recognized in Mr. President, when Ron Fitz- killing the fetus and completing the Roe versus Wade did not guarantee a simmons finally came forward to con- delivery.’’ right to ‘‘abortion on demand,’’ so, too, firm the truth about the terrible proce- Because of the timing in the birth the undue burden test adopted in Casey dure called partial-birth abortion, process at which this particular type of does not guarantee an absolute, unre- there was one more thing he said which

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4569 bears remembering. He reminded us would indeed amount to a ‘‘severely debili- related difficulties faced by some that women who enter abortion clinics tating impairment’’—such as, for instance, women. If it is the true intention of do so to kill their unborn children. He permanent inability to bear children in the H.R. 1122’s proponents to address late future, or permanent impairment of some said that abortion is ‘‘a form of killing important bodily capacity or function such term abortions, I would urge my col- . . . You’re ending a life.’’ as e.g., vision—but not an impairment that leagues to support the Feinstein and And that, Mr. President, is the ulti- is ‘‘specially caused by the pregnancy.’’ Daschle amendments which accords mate truth which should be remem- Mr. REED. Mr. President, I rise in with the Supreme Court’s decisions in bered by each Senator, and by each support of the Feinstein and Daschle this area and have been endorsed by American, during this debate. We are amendments and in opposition to H.R. the President. deciding whether this nation will con- 1122. Mr. President, the debate on the tinue to permit partially born children, The decision to proceed with a poten- issue of abortion involves profound children just three inches away from tially lethal pregnancy or one that questions. Questions of a moral, per- life, thousands of children each and would endanger the future health of sonal, and religious nature. I do not every year, mainly healthy children the mother should rest with a woman personally favor abortion. However, my from healthy mothers, to be killed in a and her doctor. As a general principle, duty as a Senator is to uphold the Con- particularly painful, dangerous, inhu- the Government’s role in such a dif- stitution and ensure that the power of mane and medically unjustified and ficult decision should be secondary to the State is not used to compel citizens unnecessary manner. that of the woman who must inevitably in a manner which contradicts an indi- We now know the truth about par- come to terms with her own personal vidual’s protected religious and moral tial-birth abortions. The question is moral, religious, and philosophical be- beliefs. whether we will have the courage to do liefs. Mr. MURKOWSKI. Mr. President, in what I believe each member of the Sen- H.R. 1122 supersedes the medical March, the House of Representatives— ate knows, in his or her heart, to be the judgment of trained physicians and in a bipartisan manner—overwhelm- right, the moral, thing. With respect to criminalizes medical procedures that ingly voted 295–136 to end the horrible this one terrible and unnecessary pro- may be necessary to preserve the life procedure known as partial birth abor- cedure, let us finally say, as a nation, and health of the woman. Indeed, it tion. That strong endorsement for the enough. Here, on the edge of infan- seeks to restrictively and coercively ban came in the wake of a confession ticide, is the line that we will not dictate what constitutes appropriate by a prominent proponent of abortion cross. I urge my colleagues to vote to medical practice. who admitted that he lied through his pass H.R. 1122. Furthermore, H.R. 1122 does not pro- teeth when he said that partial birth Mrs. BOXER. Mr. President, The vide an exception for the health of the abortions were very rare and only per- Daschle amendment narrows the defi- mother, thus rejecting the constitu- formed in the most dire of cir- nition of health to such a degree that tional standard governing postviability cumstances. in practice it would lead to physical abortions set forth in the Supreme On February 27, 1997, Ron Fitz- and mental harm to women in emer- Court’s decision in Roe versus Wade. simmons, executive director of the Na- gency situations. Let us make no mistake, Roe versus tional Coalition of Abortion Providers, I believe the amendment is incon- Wade does not allow a healthy mother an association of over 200 abortion pro- sistent with Supreme Court decisions of a healthy fetus to have a viders, recanted his earlier statements on this issue. postviability abortion. that partial birth abortions were used At this time, I ask unanimous con- During this emotionally charged de- only in extreme medical cir- sent that excerpts from a letter by bate, it is important to keep in mind cumstances. Fitzsimmons admitted Prof. Laurence Tribe, of Harvard Uni- those unfortunate women who have that: In actuality, 5,000 partial birth versity Law School, be printed in the faced unpredictable, tragic, and life- abortions are performed every year as RECORD. These excerpts outline in threatening pregnancies. For instance, an elective procedure on a healthy some detail my concerns. two women who endured such grave mother with a healthy fetus that is 20 The Feinstein-Boxer-Braun alter- circumstances shared their stories re- weeks or more along. native essentially codifies Roe versus cently before a joint House-Senate Ju- Fitzsimmons justified his lie by say- Wade and offers a clear alternative to diciary Committee hearing. They testi- ing that he just went out there and H.R. 1122, which would cause grave fied to the heart-wrenching cir- spouted the party line. The party line harm to women. cumstances surrounding their deci- Fitzsimmons referred to, of course, is There being no objection, the mate- sion—a decision that would have been the party line agreed on among the rial was ordered to be printed in the illegal under this legislation. We have Washington-based pro-abortion groups. RECORD, as follows: heard these and other equally compel- Unfortunately, President Clinton jus- The upshot is that the Daschle language ling stories shared by many of my col- tified his veto of this ban by spouting would criminalize at least three categories leagues during this debate today. the same party line lies—that this pro- of post-viability abortions that, under Roe The amendments offered by Senator cedure is medically necessary in cer- and Casey, may not be prohibited. FEINSTEIN and Senator DASCHLE, how- tain compelling cases to protect the First, abortions that are regarded by the ever, both take into consideration the woman and her physician as necessary to mother. avoid medically diagnosable injury to men- woman’s life and health. The Feinstein Mr. President, here is the truth about tal health, including suicidal depression that amendment bans all postviability abor- partial birth abortions: might result from having to carry to term a tions, except those necessary to pre- According to reputable medical testi- fetus so severely deformed (as in a case of serve the life of the woman or to avert mony given before this Congress by anencephaly, for instance) that it would be serious adverse health consequences. partial birth abortion practitioners, born only to die hours later after a brief and The Daschle amendment also bans all partial birth abortions occur as many painful life; postviability abortion, but makes an as 5,000 times a year. They are used Second, abortions that are required be- cause, in the judgment of the woman and her exception for those necessary to save predominantly for elective purposes physician, continuing the pregnancy would the mother’s life or to protect her from and are seldom necessary to safeguard seriously and permanently threaten the grievous injury to her physical health. the mother’s health or fertility. woman’s physical and/or mental health but I will support these amendments be- Former Surgeon General C. Everett not by bringing about what the physician cause their sponsors seek to preserve Koop confirmed that President Clinton could certify is a ‘‘severely debilitating dis- the core principles of Roe versus Wade. was misled by his medical advisors and ease or impairment specifically caused by Of these two amendments, the Fein- stated that ‘‘In no way can I twist my the pregnancy;’’ stein approach is preferable to meet mind to see that the late-term abortion Third, and to some degree encompassed the tragic and trying circumstances of within the second point above, abortions as described as partial birth is a med- that are medically required because con- women facing this agonizing decision. I ical necessity for the mother.’’ tinuing the pregnancy would preclude the am concerned that the Daschle amend- Other physicians agree: In a Sep- provision of necessary treatment for a condi- ment may not ensure appropriate med- tember 19, 1996, Wall Street Journal tion that, although not life-threatening, ical options for all the possible health- editorial, three obstetricians declared

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4570 CONGRESSIONAL RECORD — SENATE May 15, 1997 that ‘‘contrary to what abortion activ- fessor of constitutional law at Harvard I should stress the arbitrariness of the ex- ists would have us believe, partial birth University, which more definitively clusion, from the Daschle language, of im- abortion is never medically indicated spells out the constitutional vulner- pairments in the latter category. If a woman to protect a woman’s health or her fer- ability of the Daschle amendment. is pregnant with a viable fetus in cir- There being no objection, the letter cumstances where the pregnancy itself, un- tility.’’ less terminated, would cause a severe im- Here’s another truth: Partial birth was ordered to be printed in the pairment (say, to kidney function), the abortions are violent. The procedure is RECORD, as follows: Daschle bill would permit her to obtain an one in which four-fifths of the child is HARVARD UNIVERSITY LAW SCHOOL, abortion. If the same woman is pregnant delivered before the abhorrent process Cambridge, MA, May 15, 1997. with the same viable fetus where the preg- of killing the child begins. Sadly, Hon. DIANNE FEINSTEIN, nancy itself causes no impairment but where throughout this procedure, the major- U.S. Senate, the continuation of that pregnancy would ity of babies are alive and may actu- Washington, DC. make impossible the use of certain drugs or DEAR SENATOR FEINSTEIN: I’ve been sur- procedures (because those drugs or proce- ally feel pain during this ordeal. Ms. prised to learn that some people are evi- dures would cause severe deformity in the Brenda Schaffer, a nurse who observed dently confused about whether the health ex- fetus, for instance, as is often the case with the procedure, made this moving state- ception contained in Senator Daschle’s pro- chemotherapy or radiation therapy) without ment before a congressional com- posed legislation complies with the constitu- which the woman would suffer an even more mittee: tional requirements set forth in Roe and severe impairment (say, to kidney and liver Casey. You’ve asked me to put in writing my function and future reproductive capacity), The baby’s little fingers were clasping and explanation of why the Daschle exception is unclasping, and his little feet were kicking. the Daschle bill would make it a crime for constitutionally insufficient, and I’m glad to her doctor to perform the same abortion. Then the doctor stuck the scissors in the do so. back of his head, and the baby’s arms jerked This arbitrary distinction would in all likeli- Both Roe and Casey unambiguously hold hood violate the Due Process Clause of the out, like a startle reaction, like a flinch, like that a state may not prohibit any post-via- Fifth Amendment even apart from Roe and a baby does when he thinks he is going to bility abortion that is ‘‘necessary, in appro- Casey, bit in any event it seems undeniable fall. priate medical judgment, for the preserva- that it would violate the principles laid down The doctor opened up the scissors, stuck a tion of the life or health of the mother.’’ The in those decisions, which quite pointedly high-powered suction tube into the opening, Daschle language would forbid abortion of a and sucked the baby’s brains out. Now the viable fetus unless the physician certifies focus on whether the abortion is necessary baby went completely limp. that continuing the pregnancy ‘‘would to preserve ‘‘the life or health of the moth- threaten the mother’s life or risk grievous er,’’ not on the (quite irrelevant) issue of Mr. President, it’s not easy to discuss whether the pregnancy itself endangers her this topic, but unfortunately, those are injury to her physical health,’’ and goes on to explain that even this narrowed health ex- life or health. the stark and brutal realities of a par- The Daschle bill recognizes that the key ception—which impermissibly excludes question is the necessity of the abortion and tial birth abortion. My good friend and medically diagnosable risks, however severe, not what the pregnancy itself might cause colleague Senator MOYNIHAN declared to the woman’s mental health and which re- that the practice of partial birth abor- quires the physician to certify that the phys- when it comes to what it calls ‘‘life-threat- tions is ‘‘just too close to infanticide.’’ ical injury to the woman would be ‘‘griev- ening’’ conditions, making clear that a preg- Mr. President, the vote today is not ous’’—is inapplicable unless the ‘‘severely nancy may be terminated if it causes an ‘‘in- ability to provide necessary treatment’’ for an issue of pro-life or pro-choice—it’s debilitating disease or impairment’’ that the physician believes requires termination of such conditions. The glaring omission of any an issue of putting an end to an inhu- parallel provision for terminating a preg- mane procedure. This infant is within pregnancy is ‘‘specifically caused by the pregnancy.’’ Thus, although a pregnancy nancy that causes an inability to provide inches from being declared a legal per- may be terminated without violating necessary treatment for severely debili- son in every State of the Union. The Daschle if its continuation would cause what tating even if not life-threatening condi- time has come for this body to legally the proposed statute calls ‘‘an inability to tions, or an inability to provide procedures protect that person. provide necessary treatment for a life- that would prevent the development of such During the last Congress, a ban on threatening condition,’’ a pregnancy may conditions, cannot be squared with the re- not be terminated without violating Daschle quirements of Roe and Casey. partial birth abortion failed because of For these reasons, I cannot understand misinformation. This year, may the if its continuation would cause only an in- ability to provide necessary treatment for a how anyone could doubt the inconsistency of truth prevail. As we in Congress and severely debilitating but not life-threatening the Daschle language with the requirements the President finally hear the truth condition. of the Constitution as construed in Roe and about this procedure—that it cannot be The upshot is that the Daschle language Casey. I can readily understand the political defended medically nor morally. would criminalize at least three categories temptation of some to sign onto a measure I ask my colleagues to look into of post-viability abortions that, under Roe that seems less drastic and dangerous from their consciences to make the right de- and Casey, may not be prohibited: some perspectives than Santorum, and this letter is not intended to address the political cision: To ban this painful, unneces- First, abortions that are regarded by the woman and her physician as necessary to pros and cons of various positions. I think it sary, and morally offensive procedure avoid medically diagnosable injury to men- would be a tragedy, however, for Senators, or of terminating the life of a viable tal health, including suicidal depression that the White House, to proceed on the basis of child. might result from having to carry to term a demonstrably indefensible readings of the Mrs. FEINSTEIN. Mr. President, con- fetus so severely deformed (as in a case of Daschle language or of Roe v. Wade or both. sistent with my remarks made both on anencephaly, for instance) that it would be Sincerely yours, the 14th and today, it will be my inten- born only to die hours later after a brief and LAURENCE H. TRIBE. tion to vote against the Daschle sub- painful life; Mr. BYRD. Mr. President, I commend Second, abortions that are required be- the Minority Leader for his good ef- stitute amendment to H.R. 1122. cause, in the judgment of the woman and her I made the argument that I believe physician, continuing the pregnancy would forts to bring about a thoughtful com- both H.R. 1122 as well as the Daschle seriously and permanently threaten the promise on this difficult issue. He and substitute are unconstitutional. woman’s physical and/or mental health but his staff have worked long and hard to With respect to the Daschle amend- not by bringing about what the physician develop the language we have before us ment, my reading of it indicates that, could certify is a ‘‘severely debilitating dis- in the form of this amendment. The even if a severely, horribly deformed ease or impairment specifically caused by Daschle alternative would ban all post- the pregnancy;’’ fetus were capable of only 1 hour of life Third, and to some degree encompassed viability abortions while presenting an outside the womb, a woman would be within the second point above, abortions exception for the life of the mother and forced to carry that pregnancy to full that are medically required because con- a meaningful, narrowly tailored excep- term and deliver that child, without tinuing the pregnancy would preclude the tion for serious health risk to the consideration of what may be severely provision of necessary treatment for a condi- mother. The amendment also contains debilitating consequences to her tion that, although not life-threatening, penalties for a first violation of the law health. would indeed amount to a ‘‘severely debili- in the form of a fine of up to $100,000 or For me that is not enlightened public tating impairment’’—such as, for instance, permanent inability to bear children in the the loss of the physician’s license. policy, and I cannot support it. future, or permanent impairment of some While I am generally opposed to Additionally, I ask unanimous con- important bodily capacity or function such abortion, I also believe that there sent to have printed in the RECORD a as, e.g., vision—but not an impairment that should be the ability to protect the letter to me from Laurence Tribe, pro- is ‘‘specifically caused by the pregnancy.’’ mother. This issue is a very difficult

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4571 and a very emotional one. I have grap- condition as long as she is pregnant. This is among the most difficult of the pled with it long and hard. While some This is not mental health. This is not a 6,003 votes I have cast in the Senate because may argue that this amendment is a minor ailment. This is grievous phys- it involves a decision of life and death on the paper tiger, I disagree. This amend- ical injury. line between when a woman may choose There are some, Mr. President, who abortion and what constitutes infanticide. ment, unlike the underlying bill, would In my legal judgment, the issue is not over address all late-term abortion proce- simply do not believe that there should a woman’s right to chose within the con- dures, not just the partial-birth abor- ever be a health exception no matter stitutional context of Roe versus Wade or tion procedure. how narrow. I disagree. There needs to Planned Parenthood versus Casey. If it were, Again, I appreciate the efforts of the be a narrow health exception. Take, for Congress could not legislate. Congress is nei- Minority Leader, and I will cast my example, a woman who, during preg- ther competent to micromanage doctors’ de- vote in support of his amendment. nancy, is diagnosed with breast cancer. cisions nor constitutionally permitted to Mr. BIDEN. Mr. President, I sup- Her life is not directly endangered by legislate where the life or health of the the pregnancy, but her long-term pros- mother is involved in an abortion. ported and still support the partial- In my legal judgment, the medical act or birth abortion bill. I voted for it in 1995 pects for survival are. Early detection acts of commission or omission in inter- and voted to override the President’s and treatment of breast cancer can in- fering with, or not facilitating the comple- veto last year. The bill was a step in crease survival rates by 30 percent. tion of a live birth after a child is partially the direction of ending late-term abor- But, a pregnant woman cannot undergo out of the mother’s womb constitute infan- tions. But, it was not a perfect solu- chemotherapy treatment unless her ticide. The line of the law is drawn, in my tion. It did not, as I would have liked, pregnancy is terminated because the legal judgment, when the child is partially ban all post-viability abortions. chemotherapy can result in permanent out of the womb of the mother. It is no damage, even mutation, of the fetus. longer abortion; it is infanticide. There is no dispute that under the This vote does not affect my basic views on Supreme Court’s Roe versus Wade deci- And, a continued pregnancy will weak- the pro-choice/pro-life issue. While I am per- sion, the government can ban post-via- en her body’s immune system, making sonally opposed to abortion, I do not believe bility abortions. But, I was and still it harder for her to fight the cancer. it can be controlled by the Government. It is am concerned that in banning only par- That decision should be between the a matter for women and families with guid- tial-birth abortions, we do not go far woman and God, not the government. ance from ministers, priests, and rabbis. enough. In fact, there is a legitimate Cases such as these are tragic situa- If partial-birth abortions are banned, tions—rare and tragic. But, it would be women will retain the right to choose during concern that in banning partial-birth most of pregnancy and doctors will retain abortions, not a single abortion would even more tragic to say that ipso facto a woman cannot have an abortion un- the right to act to save the life of the moth- be prevented. The result would be er. merely to shift the type of procedure less her life is threatened by giving Mr. SANTORUM. I yield 5 minutes to used in performing an abortion. birth. That is why the Supreme Court the Senator from Texas. Today, Mr. President, we have a bet- has required a health exception and The PRESIDING OFFICER. The Sen- ter solution—a solution that goes be- why the Daschle proposal includes a ator from Texas. yond the ban on a single procedure by very narrow health exception. Mr. GRAMM. Mr. President, I want actually banning all late-term abor- Mr. President, I admit I am faced to first say how proud I am of two of tions. The Daschle proposal would with a dilemma here. I can vote to ban our colleagues here, Senator SANTORUM make all post-viability abortions—re- one particular abortion procedure that and Senator DEWINE. I have delayed gardless of the method used—illegal, I find repugnant—but in the process, coming over to speak until the end be- except in very limited circumstances allow late-term abortions to continue. cause, quite frankly, I think they have consistent with Roe versus Wade. As an Or, I can vote to eliminate more abor- done a better job of defending the posi- article in The Washington Times put tions, by banning all late-term abor- tion that I hold than I could possibly it—and the Times is one of the most tions—but in the process allow the so- do. I think their arguments over the conservative newspapers in America— called partial-birth abortion procedure last few days have been a great testa- to continue under limited cir- ‘‘Mr. DASCHLE’s plan would go further ment to the seriousness with which we cumstances. I wish we were not faced in restricting abortion than the . . . take our business. I was thinking, since with the choice of one or the other. I partial-birth plan.’’ I was chairman of the National Repub- would like to do both. But, I must cast If the goal is to reduce the number of lican Senatorial Committee when they my vote now for the proposal that I be- abortions in America and to eliminate were both elected, that if I found my- lieve will result in fewer abortions. In late-term abortions consistent with self at the Pearly Gates and St. Peter my view, that is the Daschle proposal. Roe versus Wade—and that has been added up my good deeds and found me But, let me also be clear. If the Daschle my goal from day one—then the coming up short, I would say as my proposal fails, I will again vote for the Daschle proposal is the answer because final argument, SANTORUM and bill to ban partial-birth abortions. the Daschle proposal bans all post-via- Mr. SPECTER. Mr. President, I am DEWINE, I had a little something to do bility abortions. The only exception is voting against the amendments offered with their being elected. I am con- when an abortion is necessary to save by Senator FEINSTEIN and Senator vinced that would be instrumental in the woman’s life or in the small num- DASCHLE because I believe those getting me through the gates. ber of cases where continuation of the amendments are so broad as to negate We have had a lot of things said here, pregnancy would, to quote the amend- the purpose of the bill. and I want to get back to the basic ment, ‘‘risk grievous injury to her In my judgment, as detailed below, point, which I think often gets lost. physical health.’’ once the child is partially out of the This is not a debate about a woman’s Now, I wish to address for just a mother’s womb, it is no longer abor- right to choose. This is not a debate minute the health exception. Critics tion. It is infanticide. about the rights of the unborn. We are often claim that a health exception is a As a legal matter, infanticide would debating, today, a gruesome procedure gigantic loophole—a loophole so big, be justified only by analogy to self-de- that no civilized society would con- some have said, that it would allow a fense to save another life—the life of done. teenage girl to get a late-term abortion the mother. That legal conclusion is We are back here again today be- just because she could not fit into her based on the judgment that infanticide cause every day since we had the first prom dress. That is an outrageously is not warranted for the lesser values debate more facts have come out, often untrue claim to begin with, regardless of averting ‘‘serious adverse health contradicting the very arguments that of the language of the health excep- consequences to the woman’’—Senator were used against this bill when we de- tion. But, the rhetoric aside, the health FEINSTEIN’S amendment—or avoiding bated it last year on the floor of the exception under the Daschle proposal is ‘‘grievious injury to her physical Senate. As people learn more about extremely narrow. It must be a se- health’’—Senator DASCHLE’S amend- this procedure, they become stronger verely debilitating disease caused by ment. in their conviction that it should be the pregnancy or it must be a case I adhere to the fuller statement of stopped. We are here today because where a woman cannot undergo nec- my views set forth in my floor state- many members who voted against this essary treatment for a life-threatening ment of September 26, 1996: bill last year have constituents back

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4572 CONGRESSIONAL RECORD — SENATE May 15, 1997 home who, as they have gotten to know science and her doctor. I know others The PRESIDING OFFICER. The Sen- more about this procedure, feel that a have fundamentally different views. ator from Ohio. mistake was made. We are here today But there is a real chance at long Mr. DEWINE. Mr. President, why do because even the people who opposed last, at least for this moment, for one we argue with the Daschle amendment the bill before are deeply troubled by narrow part of this issue, to find some that sounds, on its face, reasonable? this procedure that we are trying to common ground. Because, on this day, Why do we argue to say that it is a gut- ban. there is a chance to address at least ting amendment? Let me give my col- Now, I am not a physician. I first got the issue of postviability, late-term leagues, very quickly, four reasons. involved in this debate when back in abortions. And the question largely When you look at the language of the 1995, I came over to give one of my dull rests with those who have dedicated Daschle amendment, you find that it lectures on economics. While waiting these years in opposition to abortion creates a subjective standard. The un- to speak, Senator SMITH was standing rights generally. derlying bill has an objective standard. here talking about this procedure. I The Senator from South Dakota [Mr. The amendment says ‘‘would threat- knew little about its gruesomeness DASCHLE] has offered an alternative— en the mother’s life,’’ or ‘‘risk grievous prior to that time. A Senator rose to that it is constitutional because it injury to her physical health.’’ ‘‘Risk’’ object. That Senator was offended by deals only with postviability preg- is the key word. what Senator SMITH was trying to dem- nancies. It, and it alone, can pass the We have quoted Dr. Hern in Colorado onstrate. It suddenly struck me, if we constitutional test of Roe versus Wade. who said, ‘‘I will certify that any preg- are offended by somebody simply talk- It alone does not have an undue burden nancy is a threat to a woman’s life and ing about this procedure, for God’s or a substantial obstacle, as outlined in could cause grievous injury to her sake, we ought to be offended that it is Casey versus Planned Parenthood. And physical health’’—‘‘could cause.’’ We happening to thousands of children in it alone will get the signature of the cited this. But, frankly, I don’t believe America. I cosponsored Senator President of the United States. anyone, if you look just at the lan- SMITH’s bill. That marked the begin- Yet, there are those who passionately guage, would disagree with what the ning of my involvement. want to prohibit this procedure but doctor said. The reality is that any The bottom line here is that we are will not be voting with us on this occa- pregnancy has a risk. We are dealing trying to ban a gruesome procedure sion. It raises the question of whether with subjective language. which is inhumane, uncivilized, and they avoid this chance to end late-term Second, it is doctor self-certified. clearly unnecessary. abortions because they seek to pre- The operative language, the key lan- I am not sure about all that the serve a political issue more than to end guage, is certification. No way you can Daschle amendment purports to do. the procedure which many Americans look beyond and behind that certifi- Many people see it doing many dif- find offensive. cation. Once the certification is made, ferent things. But I am sure that the Mr. President, I will be voting with that is it. one thing it does not do is ban partial- Senator DASCHLE because, while I Third, the issue of viability: Before birth abortion. Should we as members strongly believe—as our Supreme you even get to the question of certifi- of the greatest of all civilized societies Court has affirmed—that there is an in- cation, you have the issue of viability. continue to condone a procedure? An herent right to privacy, that every All the doctor has to say is ‘‘not via- unborn living child is completely deliv- woman has a constitutional right to ble.’’ Who is going to look behind that? ered, except for the child’s head, and reach her own judgment about whether Senator NICKLES has pointed out very that child is literally 3 inches from the to bring to term or terminate a preg- well in citing the Supreme Court case full constitutional protections afforded nancy before viability, there is a legiti- that says when we are dealing with the every person in this country. Only at mate public policy question affirmed issue of viability it is left up to the dis- that point is that child’s life termi- by the courts on whether or not this cretion of the physician. We look to nated. procedure or any other should be al- the physician. My friends on the other I think the American people who lowed to continue postviability. side of the aisle can say, ‘‘Well, who have come to understand this proce- Senator DASCHLE, in the alternative else would you look at?’’ That is fine. dure want it stopped. If you want it that he brings to the Senate today, But the reality is, you can’t then tell stopped, you can’t stop it with the prohibits not only the late-term abor- me it is an objective standard. It is a Daschle amendment. You have to stop tion procedure described in detail by subjective standard. It is self-certifi- it by banning partial-birth abortion. those supporting Mr. SANTORUM’s legis- cation, self-decided by the person who So I urge my colleagues to vote no on lation, but he also prohibits other al- is performing the abortion. the Daschle amendment and to vote for ternatives dealing with postviable Finally, the fourth reason: The this bill. fetuses. And he alone does so. courts have historically given a very Mr. DASCHLE. Mr. President, how It again begs the question whether or liberal interpretation to the whole much time do I have remaining? not this Senate is intending to actually issue of health as it pertains to a bill The PRESIDING OFFICER. The prohibit late-term abortions, or wheth- having to do with abortions. Democratic leader has 8 minutes re- er, cynically and regrettably, this is Four reasons, Mr. President, and maining. The other side has 7 minutes genuinely an effort to maintain a polit- Members of the Senate, why this very remaining. ical issue, because, if Senator DASCHLE good-sounding amendment is a gutting Mr. DASCHLE. Mr. President, I yield fails, our opponents may, in fact, out- amendment which really destroys the 5 minutes to the distinguished Senator law this single procedure, but at least underlying bill. from New Jersey. three other procedures also dealing The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- with postviable fetuses would be al- yields time? ator from New Jersey. lowed to continue, and many women Mr. DASCHLE. Mr. President, how Mr. TORRICELLI. Thank you, Mr. whose lives would be better protected, much time remains on each side? President. I thank the distinguished their health better assured, would be The PRESIDING OFFICER. The minority leader for yielding. forced to use other procedures that are Democratic leader has 2 minutes and 43 Mr. President, for 25 years the ques- more dangerous. seconds. The Republican side has 4 tion of abortion has been among the Mr. President, I urge the adoption of minutes and 15 seconds. most divisive in our Nation. It divides Senator DASCHLE’s alternative. It is Mr. DASCHLE. Mr. President, does our families and poisons our political constitutional. It protects a woman’s the Senator from Pennsylvania wish to debate. choice. It is a better balance. It is the consume any of the remaining time We come to this floor today still only chance for common ground. Let us prior to the time of vote? holding, I know, fundamentally dif- resume the fight tomorrow and today Mr. SANTORUM addressed the Chair. ferent views on this question. I believe to end this late-term abortion struggle. The PRESIDING OFFICER. The Sen- strongly that the issue of bringing a Mr. SANTORUM. Mr. President, I ator from Pennsylvania. pregnancy to term remains with a yield 6 minutes to the Senator from Mr. SANTORUM. Mr. President, sev- woman in consultation with her con- Ohio. eral comments have been made about

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4573 what the minority leader’s legislation Second, the bill, although it tries to The American College of Obstetricians and attempts to do, postviability abortions, narrow the definition, fails. Why? Be- Gynecologists (ACOG) believes the intent of and that ours doesn’t do that. That is cause you can’t separate physical such legislative proposals is to prohibit a correct. That was never the intention health from mental health, from emo- procedure referred to as ‘‘Intact Dilatation and Extraction’’ (Intact D & X). This proce- of the bill. What our bill does is stop tional health. That is why you can’t dure has been described as containing all of the infanticide. define health of the mother so nar- the following four elements: (1) Deliberate We have had a change in the debate rowly. dilatation of the cervix, usually over a se- here. We have had a debate about the Mr. President, I have had the oppor- quence of days; (2) instrumental conversion late-term abortion. But what we have tunity to deliver babies as a physician, of the fetus to a footling breech; (3) breech been debating—maybe the other side as a resident in training. It is a mirac- extraction of the body excepting the head; didn’t realize it—here is stopping the ulous process. It is a beautiful process and (4) partial evacuation of the intracranial killing of children, ‘‘infanticide.’’ That to see and help deliver that child, to contents of a living fetus to effect vaginal is not my word. The Senator from New delivery of a dead but otherwise intact fetus. come into the real world. Many of us as Because these elements are part of estab- York, Senator MOYNIHAN, says this fathers have participated in that proc- lished obstetric techniques, it must be em- looks like infanticide. This baby is out- ess. phasized that unless all four elements are side of the mother, a fully formed little Remember, we are talking about ban- present in sequence, the procedure is not an baby. ning a procedure that at one point in intact D & X. That is what this debate is about. We time in this miraculous, this beautiful Abortion intends to terminate a pregnancy have gotten off track here a little bit process is said to be OK, but 1 second while preserving the life and health of the and tried to talk about late-term abor- mother. When abortion is performed after 16 later, 3 inches later, we call it murder. weeks, intact D & X is one method of termi- tions and trying to define it. It is a procedure that is brutal, inhu- I think you heard the Senator from nating a pregnancy. The physician, in con- mane, and deeply offensive to our sen- sultation with the patient, must choose the Tennessee define how this doesn’t do sibilities as human beings. It must and most appropriate method based upon the pa- anything. But that is one. The Senator should be banned. tient’s individual circumstances. from South Dakota said you have the Mr. DASCHLE addressed the Chair. According to the Centers for Disease Con- same procedures, as far as doctors de- The PRESIDING OFFICER. The mi- trol and Prevention (CDC), only 5.3% of abor- termining life of the mother in partial- nority leader. tions performed in the United States in 1993, birth abortions. Mr. DASCHLE. Mr. President, we the most recent data available, were per- formed after the 16th week of pregnancy. A The difference is there is no certifi- agree. We want to ban the procedure. cation procedure in the partial-birth preliminary figure published by the CDC for But we also respect the Constitution. 1994 is 5.6 percent. The CDC does not collect abortion—none. By giving a certifi- We recognize how critical it is that if data on the specific method of abortion, so it cation procedure in your bill, you raise we are indeed desirous of passing legis- is unknown how many of these were per- that as a standard that is dispositive. lation that will remain constitutional, formed using intact D & X. Other data show We do not do that in this bill. We leave we have to live within the bounds of that second trimester transvaginal instru- that up to a judge and a jury. the Constitution. mental abortion is a safe procedure. In the case of the Daschle bill, as I Terminating a pregnancy is performed in I respect greatly the distinguished some circumstances to save the life or pre- said before, the executioner is the Senator from Tennessee, and admire judge and the jury. In our bill, that is serve the health of the mother. Intact D & X him immensely. He is a distinguished is one of the methods available in some of not the case. physician as well as a distinguished these situations. A select panel convened by So there is a substantive difference Senator. ACOG could identify no circumstances under in how we deal with this. But the American College of Obste- which this procedure, as defined above, I yield the remainder of my time to tricians and Gynecologists disagrees would be the only option to save the life or the Senator from Tennessee. with his position. preserve the health of the woman. An intact I hope that we have opposition to the Mr. President, I ask unanimous con- D & X, however, may be the best or most ap- Daschle amendment. propriate procedure in a particular cir- The PRESIDING OFFICER. The Sen- sent to have printed in the RECORD a cumstance to save the life or preserve the ator from Tennessee. copy of the American College of Obste- health of a woman, and only the doctor, in Mr. FRIST. How much time remains? tricians and Gynecologists (ACOG) consultation with the patient, based upon The PRESIDING OFFICER. Two and statement of policy, a letter of en- the woman’s particular circumstances can one-half minutes. dorsement from ACOG, a report from make this decision. The potential exists that Mr. FRIST. Thank you, Mr. Presi- the American Medical Associations legislation prohibiting specific medical prac- tices, such as intact D & X, may outlaw tech- dent. Board of Trustees concerning late term abortion techniques, and examples of niques that are critical to the lives and In closing, I simply also urge opposi- health of American women. The intervention tion to the Daschle amendment and serious maternal health conditions as of legislative bodies into medical decision support for the underlying bill to ban noted in obstetrics manuals. making is inappropriate, ill advised and dan- partial-birth abortion. I would like to note that the rec- gerous. The Daschle amendment, although ommendations of the American Med- Approved by the Executive Board, January well-intended and with a good, strong ical Association regarding the use of 12, 1997. effort to narrow the definition of late term abortion techniques are health of the mother, simply does not wholly consistent with the goals and THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, accomplish what it intends. The bill intent of my amendment. Washington, DC, May 13, 1997. tries to close the loophole. It is a loop- There being no objection, the mate- Hon. THOMAS A. DASCHLE, hole in the sense that there are many rial was ordered to be printed in the Hart Senate Office Building, people, unfortunately, who exploit the RECORD, as follows: Washington, DC. definition of health of a mother to ACOG STATEMENT OF POLICY DEAR SENATOR DASCHLE: On behalf of the American College of Obstetricians and Gyne- their benefit, to perform abortions very (As issued by the ACOG Executive Board) late, second trimester, third trimester. cologists (ACOG), an organization rep- STATEMENT ON INTACT DILATATION AND resenting 38,000 physicians dedicated to im- Unfortunately, there are people like EXTRACTION proving women’s health. I am endorsing the that. We have heard about them. We The debate regarding legislation to pro- legislative language of your substitute have described their cases. Some of hibit a method of abortion, such as the legis- amendment to H.R. 1122. Although it does them exploit the loophole of health of lation banning ‘‘partial birth abortion,’’ and not take a position on the findings enumer- the mother to use the partial-birth- ‘‘brain sucking abortions,’’ has prompted ated in your proposal, ACOG believes that by abortion procedure. questions regarding these procedures. It is banning abortions on viable fetuses except I have argued that the Daschle difficult to respond to these questions be- when continuing the pregnancy threatens a amendment does not outlaw, does not cause the descriptions are vague and do not woman’s life or risks serious injury to her delineate a specific procedure recognized in ban, the partial-birth abortion. And if health, your substitute legislative language the medical literature. Moreover, the defini- provides a meaningful ban while assuring the criteria are met in his bill, people tions could be interpreted to include ele- women’s health is protected. will still be performing the partial- ments of many recognized abortion and oper- ACOG believes this amendment is pref- birth procedure. ative obstetric techniques. erable to H.R. 1122 for the following reasons:

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4574 CONGRESSIONAL RECORD — SENATE May 15, 1997 It provides a meaningful ban, while allow- versus Wade, and in keeping with the science currence in women with no previous history ing an exception when it is necessary for a and values of medicine, the AMA rec- of heart disease and in whom no specific [ori- woman’s health. This preserves the ability of ommends that abortions not be performed in gin] of heart failure can be found, peripartal physicians to make judgments about indi- the third trimester except in cases of serious cardiomyopathy is a distinct, well-described vidual patents, an issue of critical impor- fetal anomalies incompatible with life. Al- syndrome of cardiac failure in late preg- tance to physicians. though third-trimester abortions can be per- nancy.’’ 1 The amendment does not dictate to physi- formed to preserve the life or health of the Pregnancy-aggravated hypertension, accel- cians which abortion procedures can or can- mother, they are, in fact, generally not nec- eration of existing hypertension: ‘‘Maternal not be performed. essary for those purposes. Except in extraor- indications include organ failure such as In conclusion, ACOG supports your amend- dinary circumstances, maternal health fac- renal failure, seizures associated with the de- ment and urges the Senate to adopt this lan- tors which demand termination of the preg- velopment of eclampsia [progression from guage as an alternative to H.R. 1122. nancy can be accommodated without sac- hypertension/preeclampsia characterized by Sincerely, rifice of the fetus, and the near certainty of seizures and can result in cerebral hemor- RALPH W. HALE, MD, the independent viability of the fetus argues rhage], and uncontrollable hypertension.’’ 2 Executive Director. for ending the pregnancy by appropriate de- Complications develop in 10–40% of patients FROM THE REPORT OF THE BOARD OF TRUST- livery. with chronic hypertension. EES OF THE AMERICAN MEDICAL ASSOCIA- (6) The AMA will work with the American Primary pulmonary hypertension, com- TION, APRIL 1997 College of Obstetricians and Gynecologists plication of existing hypertension (abnor- (Report is subject to review by the AMA and the American Academy of Pediatrics to mally high blood pressure): ‘‘The natural House of Delegates in June, 1997) develop clinical guidelines for induced abor- course of the disease terminates either by tion after the 22nd week of gestation. The sudden death or by the development of in- RECOMMENDATIONS guidelines will address indications and tractable congestive heart failure resistant The Board of Trustees recommends the contra-indications for such procedures, iden- to therapy. Maternal mortality with primary adoption of the following statements of pol- tify techniques which conform to standards pulmonary hypertension approaches 50%.’’ 1 icy and that the remainder of this report be of good medical practice and, whenever pos- LIFE-THREATENING CONDITIONS REQUIRING filed: sible, should be evidence-based and patient- IMMEDIATE TREATMENT (1) The American Medical Association reaf- focused. Bone marrow failure, severe form of ane- firms current policy regarding abortion, spe- (7) The American Medical Association cifically policies 5.990, 5.993, and 5.995. mia: ‘‘The role of pregnancy termination [in urges the Centers for Disease Control and bone marrow failure treatment] is unclear. In summary: The early termination of Prevention as well as state health depart- pregnancy is a medical matter between the Therapeutic abortion is inconsistently asso- ment officials to develop expanded, ongoing ciated with remission. It may be necessary, patient and physician subject to the physi- data surveillance systems of induced abor- cian’s clinical judgment, the patient’s in- however, in order to treat the patient with tion. This would include but not be limited anabolic steroids.’’ 1 Additionally, ‘‘bone formed consent, and the availability of ap- to: a more detailed breakdown of the preva- propriate facilities; abortion is a medical marrow transplant has become the treat- lence of abortion by gestational age as well ment of choice. Termination of the preg- procedure and should be performed by a phy- as the type of procedure used to induce abor- sician in conformance with standards of good nancy would be necessary if a suitable donor tion at each gestational age, and maternal 1 medical practice; support of or opposition to could not be found.’’ It should be noted that and fetal indications for the procedure. Abor- bone marrow transplant is also a treatment abortion is a matter for members of the tion-related maternal morbidity and mor- AMA to decide individually, based on per- for other conditions such as leukemia. tality statistics should include reports on Cardiac arrest, heart failure: Most inci- sonal values or beliefs. The AMA will take the type and severity of both short- and dents of cardiac arrest are secondary to no action which may be construed as an at- long-term complications, type of procedure, other acute events, such as anesthetic com- tempt to alter or influence the personal gestational age, maternal age, and type of plications, trauma, or shock. According to views of individual physicians regarding facility. Data collection procedures should several obstetrics manuals, pregnancy termi- abortion procedures; and neither physician, ensure the anonymity of the physician, the nation—whether by delivery or abortion—is hospital, nor hospital personnel shall be re- facility, and the patient. often recommended.12 CPR can generally be quired to perform any act violative of per- (8) The AMA will work with appropriate expected to generate only 30 percent of nor- sonally held moral principles. medical specialty societies, government mal cardiac output, and during pregnancy (2) The term ‘‘partial birth abortion’’ is agencies, private foundations, and other in- not a medical term. The American Medical the uterus obstructs this cardiac output even terested groups to educate the public regard- further. Association will use the term ‘‘intact dilata- ing pregnancy prevention strategies, with CANCER tion and extraction’’ (or intact D&X) to refer special attention to at-risk populations, to a specific procedure comprised of the fol- which would minimize or preclude the need Cancer complicates approximately 1 out of lowing elements: Deliberate dilatation of the for abortions. The demand for abortions, every 1,000 pregnancies. Issues that must be cervix, usually over a sequence of days; in- with the exception of those indicated by seri- addressed in pregnancies affected by cancer strumental or manual conversion of the ous fetal anomalies or conditions which include the effect of pregnancy on the malig- fetus to a footling breech; breech extraction threaten the life or health of the pregnant nancy, the need for pregnancy termination, of the body excepting the head; and partial woman, represent failures in the social envi- and the timing of therapy. Radiation and evacuation of the intracranial contents of ronment and education. Such measures chemotherapy may be contraindicated dur- the fetus to effect vaginal delivery of a dead should help women who elect to terminate a ing pregnancy due to documented risks of but otherwise intact fetus. This procedure is pregnancy through induced abortion to re- fetal mutation. Additionally, pregnancy in- distinct from dilatation and evacuation ceive those services at the earliest possible hibits a woman’s ability to fight off cancer (D&E) procedures more commonly used to stage of gestation. because the immune system is often de- induce abortion after the first trimester. Be- pressed, and her nutritional intake is divided cause partial birth abortion is not a medical This should not be considered an exhaus- between herself and the fetus. term it will not be used by the AMA. tive list of serious maternal health condi- Lymphoma, cancer of lymphatic system: (3) According to the scientific literature, tions. These are merely examples of condi- ‘‘High-grade Non-Hodgkin’s lymphoma is a there does not appear to be any identical sit- tions listed in obstetrical textbooks as pos- rapidly progressive disease with a median uation in which intact D&X is the only ap- sible medical indications for pregnancy ter- survival of six months. Since cure rates ap- propriate procedure to induce abortion, and mination. proach 50%, it is imperative therapy not be ethical concerns have been raised about in- delayed.2 In this situation, delay of therapy DISEASE OR IMPAIRMENT CAUSED BY tact D&X. The AMA recommends that the could mean the loss of an opportunity to PREGNANCY procedure not be used unless alternative pro- cure the mother. Because both radiation and cedures pose materially greater risk to the Preeclampsia with accompanying renal, chemotherapy present mutation risks for the woman. The physician must, however, retain kidney, or liver failure, onset of severe hy- fetus, termination of the pregnancy is sug- the discretion to make that judgment, act- pertension during pregnancy: ‘‘Preeclampsia gested in order to begin treatment for ing within standards of good medical prac- often occurs early and with increased sever- lymphoma. tice and in the best interest of the patient. ity. Deterioration of maternal renal function Breast cancer, especially breast cancer di- (4) The viability of the fetus and the time or uncontrolled hypertension is an indica- agnosed during pregnancy: ‘‘Factors in preg- when viability is achieved may vary with tion for pregnancy termination.’’ 1 nancy that could adversely affect this malig- each pregnancy. In the second-trimester Preeclampsia occurs in 5–10% of pregnancies nancy include . . . increased estrogen and when viability may be in question, it is the and is severe in less than 1%. Eclampsia prolactin stimulation [both factors that ex- physician who should determine the viability (complication characterized by seizures) oc- acerbate breast cancer], and depression of of a specific fetus, using the latest available curs in approximately 0.1% of pregnancies. the immune system’’ 1 The frequency of diagnostic technology. Peripartal cardiomyopathy, heart failure breast cancer in pregnancy is second only to (5) In recognition of the constitutional in late pregnancy: ‘‘Characterized by its oc- cancer of the cervix, occurring in 1 out of principles regarding the right to an abortion every 3,000 pregnancies. In addition, ade- articulated by the Supreme Court in Roe 1 Footnotes at end of article. quate nutrition is a serious problem.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4575 FOOTNOTES Feingold Kohl Reed action of routine morning business, Graham Landrieu Robb 1 Manual of Obstetrics: Diagnosis and Therapy, ed. Harkin Leahy Rockefeller with Senators permitted to speak for Kenneth Niswander and Arthur Evans, University of Inouye Levin Sarbanes up to 5 minutes each. California, Davis, School of Medicine. Johnson Lieberman Snowe The PRESIDING OFFICER. Without 2 Clinical Manual of Obstetrics, ed. David Shaver Kennedy Mikulski Torricelli and Frank Ling (University of Tennessee College of objection, it is so ordered. Kerrey Moseley-Braun Wellstone Medicine), Sharon Phelan (University of Alabama Kerry Murray Wyden Mr. LOTT. I yield the floor. Department of Obstetrics and Gynecology), and The PRESIDING OFFICER. The Sen- Charles Beckmann (University of Wisconsin Depart- NAYS—64 ment of Obstetrics and Gynecology) ator from Colorado. Abraham Feinstein Mack f Mr. DASCHLE. Mr. President, sec- Allard Ford McCain ond, let me just say that the distin- Ashcroft Frist McConnell THE RIM ROCK RUN Bennett Glenn guished Senator from Pennsylvania Moynihan Bond Gorton Murkowski Mr. ALLARD. Mr. President, the said that only his bill allows a judge Boxer Gramm Nickles Mesa Monument Striders have held a and jury to decide. I beg to differ. We Breaux Grams Reid road race inside the beautiful land- Brownback Grassley Roberts have virtually the same standard with Burns Gregg scape of Colorado National Monument Roth regard to the determination of ille- Campbell Hagel Santorum since 1993. Over the past 4 years, par- Chafee Hatch gality. They don’t ‘‘self-certify’’ any Sessions ticipation in the race has soared. This more than we ‘‘self-certify,’’ and vice Coats Helms Cochran Hollings Shelby year, 250 Rim Rock Run participants versa. Conrad Hutchinson Smith (NH) will be shut out of the park in an effort It ultimately comes down to whether Coverdell Hutchison Smith (OR) by the National Park Service to snuff or not someone believes a physician Craig Inhofe Specter D’Amato Jeffords Stevens out a Colorado legacy. has broken the law. And we have very DeWine Kempthorne Thomas Yesterday, Deputy Regional Direc- specific guidelines by which a person, a Domenici Kyl Thompson tor, Robert Reynolds, upheld the ruling doctor, can be prosecuted if indeed he Dorgan Lautenberg Thurmond of the park’s superintendent to pro- or she has violated the law. Enzi Lott Warner Faircloth Lugar hibit the race—all in the name of traf- The third question is simply this. If fic congestion. But this is a 2 hour race The amendment (No. 289) was re- indeed we want to stop abortion, then held on an early Sunday morning in we really have a choice. We can stop jected. Mr. NICKLES. Mr. President, I move November. This is a slap in the face to one procedure, which is what H.R. 1122 to reconsider the vote. the State of Colorado and the spirit of does. It only stops one procedure. It al- Mr. THURMOND. I move to lay that recreation which national parks were lows all the other alternatives to con- motion on the table. established for. I have watched the cul- tinue. Or we can stop them all. The motion to lay on the table was mination of this dispute evolve from an There is only one bill pending—one agreed to. irrational rejection of a race permit to piece of legislation pending—that al- Mr. LOTT addressed the Chair. a national dispute over the unjustified lows the complete elimination of all The PRESIDING OFFICER. The ma- actions of a bureaucracy that refuses methods of abortion. jority leader. to listen to the voice of the people. Finally, Mr. President, let me just Mr. LOTT. Mr. President, just to con- The people of western Colorado have say, as much as one might like to get firm, again, this is the last vote for to- bent over backwards to reach a com- around the parameters required by the night. The next recorded vote will not promise with the park’s super- Supreme Court and the Constitution, occur before 5 o’clock on Monday. How- intendent. Countless meetings have that when it comes to health, there can ever, we are now working with the been held offering rescheduled times be no doubt. A woman’s health, as well leadership on both sides of the Capitol and dates or proposals to scale down as her life, needs to be protected. and the Budget Committees, with the the size of the race. The sheriff’s de- That is exactly what this legislation idea of having the Budget Committees partment has committed their entire does. It outlaws every one of the proce- markup the budget resolution, and we force to the security and coordination dures. It doesn’t allow doctors just to hope to get to the budget resolution of the run. The local paper has ar- shift to another procedures as the col- early next week. We will continue to ranged for a shuttle service to alleviate leagues on the other side who support work to get the budget resolution out traffic inconveniences. It is clear to me this particular procedure will continue of the committee either tomorrow or that no amount of effort to com- to allow. Monday, and we will bring it to the promise will sway the park service’s It does not allow that, but it does say floor as soon as we can get it com- decision to forbid the race. we are going to stay within the Con- pleted and get an agreement as to how Well, I will not stand for this deci- stitution in prohibiting all these proce- that will proceed, knowing what the sion. I am requesting to meet with the dures but saving a mother’s life and rules require, but, also, wanting to acting director of the Park Service to work in good faith in a bipartisan way, health. We can do no less. We need to demand a justification for this ludi- which we think we are going to be able support this legislation. I hope on a bi- crous ruling. Next month, this same to do. Park Service is sponsoring the closure partisan basis we will do that now. For the information of all Senators, of a 13 mile stretch of George Wash- Mr. SANTORUM. Mr. President, I as I said, there will be no further votes ington Parkway for a road race right ask for the yeas and nays. this evening. The Senate will next con- here in our Nation’s Capital. This The PRESIDING OFFICER. Is there a sider S. 476, relative to the Boys and might inconvenience a few thousand sufficient second? Girls Clubs of America, for debate only, There appears to be a sufficient sec- and a rollcall has not been requested drivers, but I don’t see any Park Serv- ond. on passage. There will not be a rollcall ice officials challenging the legitimacy The yeas and nays were ordered. on that passage. We are going to take of this popular race. If this is the The PRESIDING OFFICER. The that up tomorrow, and we will be able precedent we want to set for holding an question is on agreeing to the amend- to pass it without rollcall vote. event in a national park, then let’s just ment. The yeas and nays have been or- The Senate will be in session tomor- call off the hundreds of events already dered. The clerk will call the roll. row for morning business to accommo- planned this year in all national parks. The assistant legislative clerk called date Senators’ requests, although there This controversy is only the latest the roll. will be no votes tomorrow. example of public land managers con- The result was announced—yeas 36, Again, I think we have reached a sistently trying to restrict public ac- nays 64, as follows: final agreement on the package that cess to lands which were set aside for [Rollcall Vote No. 70 Leg.] will go to the Budget Committee. the public to use and enjoy. It is not an f isolated case. I am convinced that this YEAS—36 fight in Colorado is only symptomatic Akaka Bryan Collins MORNING BUSINESS of a much larger problem. Baucus Bumpers Daschle Biden Byrd Dodd Mr. LOTT. I ask unanimous consent This is not finished. I will continue Bingaman Cleland Durbin there now be a period for the trans- to fight this outrageous ruling until

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4576 CONGRESSIONAL RECORD — SENATE May 15, 1997 someone listens. Closing a national American people’s generous spirit. Yet, President Clinton and other role mod- monument road for a few hours to ac- the effects of the legislation we are de- els such as actor Denzel Washington, commodate a simple 23-mile road race bating today will be felt in neighbor- basketball superstar Michael Jordan, should not provoke this kind of con- hoods across the country long after the and San Francisco 49ers quarterback troversy. Yet, the Park Service seems spotlight is gone, and long after the Steve Young. determined to continue the con- speeches are forgotten. More important, however, are the troversy by ignoring the runners, the Our legislation addresses our con- uncelebrated success stories—the mir- local paper and the community. When tinuing initiative to ensure that, with acles performed by Boys and Girls will our National Park Service under- Federal seed money, the Boys and Girls Clubs every day. At a Judiciary Com- stand that they need to work with the Clubs of America are able to expand to mittee hearing on March 19, we heard people and not ignore them, especially serve an additional 1 million young from one of these miracles. Amador when we have a community that is people through at least 2,500 clubs by Guzman, from my State of Utah, told willing to do its fair share? the year 2000. The dedication of all of us how he believes the club in his I yield back the floor. these members demonstrates our com- neighborhood saved his life, by keeping Mr. HATCH addressed the Chair. mitment to both authorize and fund him from gangs, drugs, and violence. The PRESIDING OFFICER. The Sen- this effort. The reason Boys and Girls Clubs ator from Utah. Last year, in a bipartisan effort, the work—and the reason Congress wants f Republican Congress enacted legisla- to do more for them—is because they tion I authored to authorize $100 mil- are locally run and depend primarily PROVIDING FOR THE ESTABLISH- lion in Federal seed money over 5 years on community involvement for their MENT OF BOYS AND GIRLS to establish and expand Boys and Girls success. CLUBS OF AMERICA FACILITIES Clubs in public housing and distressed Never have our youth had a greater Mr. HATCH. Mr. President, I ask areas throughout our country. With need for the positive influence of Boys unanimous consent that the Senate the help of the Appropriations Com- and Girls Clubs, and never has the now proceed to the consideration of mittee, we have fully funded this ini- work of the Clubs been more critical. Calendar No. 44, S. 476, regarding the tiative. Our young people are being assaulted Boys and Girls Clubs of America. The bill we are debating today from all sides with destructive mes- I further ask unanimous consent that streamlines the application process for sages. For instance, drug use is on the there be 20 minutes under the control these funds, and permits a small rise. Recent statistics reconfirm that of Senator HATCH, 10 minutes under the amount of the funds to be used to es- drugs are ensnaring young people as control of Senator BIDEN, and 10 min- tablish a role model speakers’ program never before. Overall drug use by youth utes under control of Senator LEAHY, to encourage and motivate young peo- ages 12 to 17 rose 105 percent between and no amendments be in order to the ple nationwide. 1992 and 1995, and 33 percent between bill; and, finally, following the expira- It is important to note that what we 1994 and 1995. 10.9 percent of our young tion or yielding back of the time, the are providing is seed money for the people now use drugs on a monthly bill be read a third time with no other construction and expansion of clubs to basis, and monthly use of marijuana is intervening action or debate. serve our young people. This is bricks up 37 percent, monthly use of LSD is up The PRESIDING OFFICER. Without and mortar money to open clubs. After 54 percent, and monthly cocaine use by objection, it is so ordered. they are opened, they will operate youth is up 166 percent between 1994 The clerk will report the bill. without any significant Federal funds. and 1995. The assistant legislative clerk read In my view, this is a model for the Our young people are also being as- as follows: proper role of the Federal Government saulted by gangs. By some estimates, A bill (S. 476) to provide for the establish- in crime prevention. there are more than 3,875 youth gangs, ment of not less than 2,500 Boys and Girls The days are over when we can afford with 200,000 members, in the Nation’s Clubs of America facilities by the year 2000. huge, never-ending, federally run pro- 79 largest cities, and the numbers are The Senate proceeded to consider the grams. According to a GAO report last going up. Even my State of Utah has bill. year, over the past 30 years, Congress not been immune from this scourge. In Mr. HATCH addressed the Chair. has created 131 separate Federal pro- Salt Lake City, since 1992, the number The PRESIDING OFFICER. The Sen- grams, administered by 16 different of identified gangs has increased 55 per- ator from Utah. agencies, to serve delinquent and at- cent, from 185 to 288. The number of Mr. HATCH. Mr. President, I rise risk youth. These programs cost $4 bil- gang members has increased 146 per- today to urge my colleagues to support lion in fiscal year 1995. Yet we have not cent, from 1,438 to 3,545; and the num- S. 476, legislation to further the com- made significant progress in keeping ber of gang-related crimes has in- mitment of the Republican Congress to our young people away from crime and creased a staggering 279 percent, from support the expansion of the Boys and drugs. 1,741 in 1992 to 6,611 in 1996. Shockingly, Girls Clubs of America, one of the best What we can and must afford is 208 of these involved drive-by shoot- examples of proven youth crime pre- short-term, solid support for proven ings. vention. private sector programs—like the Boys Every day, our young people are This is not a partisan initiative, how- and Girls Clubs—that really do make a being bombarded with cultural mes- ever. I am pleased to have the company difference. Boys and Girls Clubs are sages in music, movies, and television of a bipartisan group of Senators, in- among the most effective nationwide that undermine the development of cluding Senator BIDEN, the ranking programs to assist youth to grow into core values of citizenship. Popular cul- Democrat on the Youth Violence Sub- honest, caring, involved, and law-abid- ture and the media glorify drug use, committee, Senator STEVENS, the ing adults. meaningless violence, and sex without chairman of the Senate Appropriations We know that Boys and Girls Clubs commitment. Committee, Senator GREGG, the chair- work. Researchers at Columbia Univer- The importance of Boys and Girls man of the Commerce, Justice, State sity found that public housing develop- Clubs in fighting drug abuse, gang re- Appropriations Subcommittee, Senator ments in which there was an active cruitment, and moral poverty cannot KOHL, who serves on the Judiciary Boys and Girls Club had a 25-percent be overstated. The Clubs across the Committee, and, of course, Senator reduction in the presence of crack co- country are a bulwark for our young THURMOND, who has served as a distin- caine, a 22-percent reduction in overall people and deserve all the support we guished chairman of the Judiciary drug activity, and a 13 percent reduc- can give. Committee. tion in juvenile crime. Members of Indeed, Federal efforts are already Mr. President, the volunteer spirit is Boys and Girls Clubs also do better in paying off. Using over $15 million in alive and well in America. The Presi- school, are less attracted to gangs, and seed money appropriated for fiscal year dents’ summit on voluntarism, held re- feel better about themselves. 1996, the Boys and Girls Clubs of Amer- cently in Philadelphia, focused na- There are many distinguished alumni ica opened 208 new clubs in 1996. These tional attention on this aspect of the of Boys and Girls Clubs, including clubs are providing positive places of

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4577 hope, safety, learning and encourage- There was a study done by Columbia does a very important thing. It sim- ment for about 180,000 more kids today University that demonstrated—and I plifies—let me emphasize, it sim- than in 1995. In my State of Utah, these am going to be brief—that public hous- plifies—the application procedure. funds have helped keep an additional ing sites where there are Boys Clubs So, although it does not provide addi- 6,573 kids away gangs, drugs, and and Girls Clubs, compared with public tional funding beyond that already au- crime. housing sites without these clubs, thorized, the simplification is impor- The $20 million appropriated for fis- there was a drastic difference. Let me tant, letting Boys and Girls Clubs go cal year 1997 is expected to result in make it clear now, this study was done, straight to the Justice Department. another 200 clubs and 200,000 more kids no one disputes—they took public They do not have to go through their involved in clubs. We need now to re- housing sites with the same demo- Governors, do not have to go through double our efforts. The legislation we graphic makeup, same cities, same their State legislature, do not have to introduce today demonstrates our com- populations, same racial composition, go through their city council. They go mitment to do that. It will not, and put a Boys and Girls Club in the base- straight to the Justice Department and cannot, solve our juvenile crime prob- ments of one, not in the other. seek the funding. lem. We will be bringing other legisla- Here is what the study confirmed. This is the simple, straightforward tion to the floor that will address, in a Those public housing projects that had approach that I have always supported comprehensive manner, the urgent a Boys and Girls Club in the basement, in the Biden crime bill and why I am so problems of juvenile crime. S. 476, is, or wherever they were in the building, pleased that my colleague, the chair- however, an important first step in had 13 percent fewer juvenile crimes, 22 man of the committee, has in fact been that endeavor, aimed at stopping youth percent less drug activity, and 25 per- so supportive and led on this. crime before it starts. cent less crack presence. This is in the Last year’s bill provided for consulta- Mr. President, let me just add, this is crack epidemic. Still a big problem. We tion with the Department of Housing a terrific bill. It is a bipartisan initia- have other things to worry about, too. and Urban Development, an unneces- tive. I want to compliment my col- But the bottom line, Mr. President, is sary requirement. I have nothing league from Delaware for the hard it works. against HUD, but I believe we must get work he has done through the years on I know the Presiding Officer from these important prevention dollars out Boys and Girls Clubs, and he certainly Montana has done a lot of work with to the Boys and Girls Clubs throughout deserves a lot of the credit for the bill. kids over the years. He has been in- the country as quickly and as effi- We have worked together, and we are volved in things that have to do with ciently as possible. And this bill well going to continue to do so. I hope that everything from 4–H to rodeos to Lord help do that. the Congress will pass this in an expe- only knows what. I hear all these sto- Let me conclude by saying, if we are ditious fashion to continue to use one ries he tells me about Montana and able to fund 2,500 Boys and Girls Clubs, of the best ways of stopping crime and about how these kids are involved. The it could not come at a more important helping kids that our society has ever truth of the matter is you get a kid in- moment in our history from a demo- known. graphic standpoint. There are 39 mil- Mr. BIDEN. Mr. President, let me volved, you have less chance that kid is lion children, Mr. President, under the thank my colleague for his reference. I going to get involved in something bad. age of 10 in the United States of Amer- think it should be made clear that My mom has an expression that I am ica today, the largest cadre of young without the chairman’s strong and sure every one of our moms have said people about to enter the crime-com- wholehearted support and initiation in different ways, the expression is: mitting years that we have had since here, we would not be where we are. I ‘‘Remember, JOEY, an idle mind is a the baby boom of those of us born in want to, just in a very brief time, re- devil’s workshop.’’ The bottom line is the 1940’s. view the bidding here a little bit. you give a kid nothing to do, he is like- Let me remind everybody that this ly to find trouble. Give a kid nothing It is a big deal, Mr. President. If we was in the crime bill, the original to do in an area where there is nothing through our police efforts, through our Biden-Hatch crime bill, and ended up but trouble, he or she becomes part of present efforts, hold the percentage of having some other iterations before it the trouble. Give a child something to crime committed by young people to was over. But we had provisions in do, an alternative, an escape, a way out the same percentage it is now, without there for prevention. where there is nothing but trouble, one one-hundredth of 1 percent in- One of the things that happened was give them a safe haven, and you in- crease in the amount of crime that is on both sides of the aisle, left, right, crease the prospects that they are not committed, as a percent of the popu- center, was we got into this great de- going to be in trouble. lation, we will in fact still have about bate about whether prevention works So that is why we proposed and an 8 percent increase in violent crime and whether or not the prevention passed through the Senate in 1996 $20 in America. You know why? That is money in the crime bill was to support million in spending for the first year of how many more kids there are going to prisoners in pink tutus dancing in bal- a 5-year effort to create 1,000 new Boys be. We better figure out now before this let style, and all that kind of stuff. We and Girls Clubs. Ultimately we got $11 so-called baby boomlet—that’s what got into big fights about midnight bas- million in the final appropriations bill. the demographers are referring to—be- ketball, and all that. Senator HATCH and some of our col- fore this baby boomlet hits those I am not suggesting we reengage leagues, Senator LEAHY and others crime-committing years. those fights except to make this fol- that are mentioned, worked together I can think of nothing—nothing— lowing point. The reason why in the to provide the second year of funding that the police can do, nothing that we original bill a while ago I specifically in last year’s appropriations bill. can do, that can solve the problem singled out Boys and Girls Clubs—I If it were not for the fact that Sen- alone without providing safe havens want to be up front about this—was ator HATCH in the majority party, the and alternatives for these children. real simple. It was the one place I knew leader of the committee, jumped in at boys and Girls Clubs are a proven—a that we could get consensus among that point, I believe the appropriation proven—safe haven. A proven safe Democrats and Republicans, liberals would not have been anything. He used haven. and conservatives, because this is pre- his influence and his weight, got this So, Mr. President, I urge my col- vention that works. And it was my up on the radar screen and continued leagues to adopt this legislation. I hope view at the time that, if we singled out to save this program. So the second this bill is a sign that we will continue Boys and Girls Clubs—and we did, year of funding in last year’s appro- to work together to deal with those which is kind of unusual to do in a priations bill came through. prevention efforts that work. Another crime bill to single out a specific non- Senator HATCH also worked to pass thing all our moms said to us, ‘‘An profit to make sure they get money. legislation supporting this concept, the ounce of prevention is worth a pound of That is a bit unusual. The reason to do whole notion, last year. The bottom cure.’’ ‘‘An ounce of prevention.’’ This it was, the statistics are overwhelming. line is, we are working together so that is 2,500 ounces of prevention that will Let me give you a few reasons why this we can have a total of 2,500 Boys and prevent tens of thousands of pounds of works. Girls Clubs by the year 2000. This bill crime. This is a big deal.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4578 CONGRESSIONAL RECORD — SENATE May 15, 1997 I thank my colleague for his support helped push through during the closing served by the end of this century to and allowing me to participate in this days of the last Congress. come from the 145,000 young people in effort. Most important to me, the revised Vermont and those in other rural I yield the floor. language should serve to expand the areas. Mr. HATCH. I thank my colleague for availability of Boys and Girls Clubs in In supporting this bill, I encourage his kind remarks. rural areas. The original language was the Boys and Girls Clubs as one exam- I think he has summed it up very, more restrictive, requiring the grants ple of a successful youth-oriented pro- very well. So I will not repeat what he to be used only for the purpose of es- gram that can help make a difference has said. I agree with him. I have to tablishing Boys and Girls Clubs in pub- in young people’s lives and prevent say this is one of the best programs for lic housing projects and other dis- crime and delinquency. I also support youth that we could do. It is the right tressed areas. I have worked with the the work of others who are effective thing to do, and I urge all our col- Boys and Girls and know that they un- with young people, including our out- leagues to support it. derstand that rural areas as well as standing 4–H programs. In working for Mr. LEAHY. Like my colleagues, I urban can qualify as distressed areas. the passage of this measure I have re- too support the expansion of Boys and Nonetheless, the new language is ceived assurances that other members Girls Clubs. I would like to ask the au- more expansive and will give girls and will join with me in supporting these thor of this legislation, its principal boys in rural areas greater opportuni- other fine programs, as well. sponsor and the chairman of the Judi- ties to share in Boys and Girls Clubs It is nice to see Republican Members ciary Committee, whether I am correct and their programs. The revised stat- support juvenile crime prevention pro- that this bill should serve to expand ute will authorize grants for estab- grams. Only a short time ago Repub- the availability of Boys and Girls Clubs lishing and extending facilities where licans tried to stop passage of the in rural areas? needed. Particular emphasis continues President’s 1994 Violent Crime Control Mr. HATCH. That is correct. The bill to be given to housing projects, where and Law Enforcement Act and con- will change the law to permit Boys and Boys and Girls Clubs have proven effec- tended that crime prevention programs Girls Clubs to be expanded where need- tive in preventing youth crime, and to were ‘‘pork’’ or a waste of funds. ed, and certainly a club in a rural area distressed areas, rural or urban. But In the juvenile crime bill I sponsored could be needed, and make a signifi- the where needed language should help this year, S. 15, we include a number of cant difference to the young people in make expansion into rural areas a initiatives to prevent juvenile crime that area. greater priority. and youth drug abuse. I hope that we Mr. LEAHY. Do we intend for the Likewise, the removal of the lan- can expect bipartisan support for those funds to be used to expand clubs in guage concerning contracts with HUD juvenile crime prevention provisions as communities under 50,000 in popu- should streamline the expansion proc- we move forward in this Congress so lation? ess and help make clear that such ex- that we can enact a comprehensive ap- Mr. HATCH. Absolutely. The original pansions are not limited to public proach to the problem of youth crime. language passed last year expressly in- housing projects. This measure should not become an ex- cluded rural areas, but this amendment The changes made to that program cuse for anyone not to join with us to is intended to make our intent clearer by this bill also permit up to five per- to bolster comprehensive drug edu- that not only can rural areas as well as cent of the grant funds to be used to es- cation and prevention for all elemen- urban qualify as distressed areas, but tablish a role model speakers’ program. tary and high school students. We also that clubs ought be expanded into Anyone who has seen the Boys and should proceed to help create after rural areas and smaller communities Girls Clubs of America commercial school safe havens where children are where needed and, in particular, into with Denzel Washington and his coach protected from drugs, gangs, and crime rural areas such as those in my friend’s will know the kinds of outstanding role with activities including drug preven- State of Vermont, my State of Utah, models that we are seeking to promote tion education, academic tutoring, and other States with few Boys and to encourage and motivate young peo- mentoring, and abstinence training. Girls Clubs. I agree with the Senator ple to be involved, productive citizens. This bill is a step but should not be the that our call for 1,000 new clubs by the I have seen the outstanding results end of our efforts to support programs year 2001 should include attention to at the Boys and Girls Club in Bur- that help prevent juvenile delinquency, expanding opportunities for young peo- lington, VT, under the direction of Bob crime, and drug abuse. ple in our rural areas and smaller com- Robinson. The role models they provide I ask unanimous consent that a copy munities. include the outstanding instructors of a letter I just received from the Boys Mr. LEAHY. So the author of the bill and volunteers who work in the club’s and Girls Clubs of America be printed many programs. I have also witnessed intends for there to be increased expan- in the RECORD. sion into rural activities by the Boys the outstanding results of the Kids ‘N There being no objection, the letter and Girls Clubs even beyond the almost Kops Program at the University of was ordered to be printed in the Vermont with the cooperation of local 20 percent expended in the first year in RECORD, as follows: rural areas? law enforcement. BOYS AND GIRLS CLUBS Mr. HATCH. Absolutely. I am as con- Expansions are proceeding and over OF AMERICA, cerned about the threat of drugs and 200 new clubs serving 180,000 youth Rockville, MD, May 8, 1997. gangs coming into our rural commu- were opened as a result of last year’s Hon. PATRICK J. LEAHY, nities as is the Senator from Vermont, legislation. I know that the Burlington U.S. Senate, Washington, DC. and I believe strongly that the Boys Boys and Girls club received $100,000 to DEAR SENATOR LEAHY: Last week when the and Girls Clubs we seek to establish help enhance that Club’s outreach ef- Judiciary Committee discussed S. 476 I heard are a big part of the answer to these forts. I was glad to receive a letter your concerns, and if possible, I would like threats. from the Boys and Girls Clubs of Amer- to clarify what we are trying to do with this Mr. LEAHY. I thank the Senator for ica indicating that they are in the Bill and what we have done with previous ap- propriations. clarifying this point. With that clari- planning stages for the development of Our goal within the state of Vermont is to fication, I am prepared to support this a new club in Rutland and researching strengthen the youth development services bill. the feasibility of a club in Essex Junc- currently being provided. In addition, we are I join in supporting S. 476 to provide tion, as well. I would hope that with working to increase both the number of local authority to expand Boys and Girls the continuation of this initiative they Boys & Girls Club facilities and youth being Clubs across the country, including will look for opportunities to serve served throughout the state. both urban and rural areas. When we young people in St. Albans, Just this past year, we passed $100,000 passed similar legislation last year, we Brattleboro, St. Johnsbury, Montpe- through to the Boys & Girls Clubs of Bur- lington, VT, to enhance the Club’s outreach did it as part of a legislative package lier, and other Vermont locations, as efforts. Today, we are in the planning stages that included the National Information well. I would be delighted for a sizeable for the development of a Boys & Girls Club Infrastructure Protection Act that portion of the 1 million additional in Rutland, VT, and are researching the fea- Senator KYL and I authored and that I young people who we hope will be sibility of a Club in Essex Junction, VT. I

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4579 give you every assurance that these efforts The bill was ordered to be engrossed The motion to lay on the table was will remain a priority. for a third reading, was read the third agreed to. Nationally, with Boys & Girls Clubs of time, and passed, as follows: America’s 1996 appropriation, we opened 208 f Boys & Girls Clubs and served 180,000 new S. 476 MORNING BUSINESS boys and girls. All told, Boys & Girls Clubs Be it enacted by the Senate and House of Rep- now serve some 2.6 million young people resentatives of the United States of America in Mr. HATCH. Mr. President, I ask throughout America, including many in Congress assembled, unanimous consent that there now be rural and semi-rural communities. Our SECTION 1. 2,500 BOYS AND GIRLS CLUBS BE- period for the transaction of morning planned growth for 1997, with the assistance FORE 2000. business with Senators permitted to of our current appropriation, will continue (a) IN GENERAL.—Section 401(a) of the Eco- speak up to 10 minutes each, except for at this same pace. nomic Espionage Act of 1996 (42 U.S.C. 13751 the Senator from Pennsylvania, Sen- Upon passage and successful implementa- note) is amended by striking paragraph (2) tion of S. 476, we plan on serving 1,000,000 ator SANTORUM. and inserting the following: The PRESIDING OFFICER. Without new boys and girls throughout the United ‘‘(2) PURPOSE.—The purpose of this section States. Many of the children in Vermont who is to provide adequate resources in the form objection, it is so ordered. are not currently being served—will be. of seed money for the Boys and Girls Clubs of f Senator Leahy, you have been a friend to America to establish 1,000 additional local Boys & Girls Clubs and to many youth orga- ETHANOL TAX POLICY; PRESENT clubs where needed, with particular empha- nizations over the years. We hope that you AND FUTURE can now help us pass S. 476 and help us reach sis placed on establishing clubs in public 1,000,000 new boys and girls. housing projects and distressed areas, and to Mr. DASCHLE. Mr. President, I want Thank you and we look forward to working ensure that there are a total of not less than to take this opportunity to clarify a with you on this and other issues that help 2,500 boys and girls Clubs of America facili- statement I made last week with re- America’s children and families. ties in operation not later than December 31, spect to the upcoming battle to protect Sincerely, 1999.’’. (b) ACCELERATED GRANTS.—Section 401 of and extend the ethanol tax incentives. ROBBIE CALLAWAY, I want to make clear that I do not Senior Vice President. the Economic Espionage Act of 1996 (42 U.S.C. 13751 note) is amended by striking think there is any room to compromise Mr. STEVENS. Mr. President, today subsection (c) and inserting the following: on the existing tax incentives prior to I rise in strong support of S. 476, the ‘‘(c) ESTABLISHMENT.— the year 2000. Many ethanol plants Boys and Girls Clubs of America Act of ‘‘(1) IN GENERAL.—For each of the fiscal have made investments based on the 1997, which I have cosponsored. This years 1997, 1998, 1999, 2000, and 2001, the Direc- expectation that those incentives will important legislation will give seed tor of the Bureau of Justice Assistance of be available in their current form until money to build 1,000 additional Boys the Department of Justice shall make a 2000. Congress should not change those and Girls Clubs across America, with grant to the Boys and Girls Clubs of America special emphasis on establishing clubs for the purpose of establishing and extending incentives or jeopardize in any way in public housing projects and dis- Boys and Girls Clubs facilities where needed, those existing plant investments. tressed areas. with particular emphasis placed on estab- Having said that, I appreciate that In Alaska, and across the Nation, lishing clubs in and extending services to some will argue that the ethanol incen- public housing projects and distressed areas. kids are reaping the benefits of Boys tives should be allowed to expire in ‘‘(2) APPLICATIONS.—The Attorney General 2000. My response to them is that the and Girls Clubs. They are safe places shall accept an application for a grant under where kids can go after school to learn this subsection if submitted by the Boys and Nation will continue to benefit in some and have fun. Boys and Girls Clubs are Girls Clubs of America, and approve or deny very significant ways in the 21st cen- places where they find role models, and the grant not later than 90 days after the tury from new entrants into the indus- where they can explore their own tal- date on which the application is submitted, try and expanded use of clean burning ents and skills. In 1995 there were 8,000 if the application— ethanol and its ether. By encouraging Alaskans participating in Boys and ‘‘(A) includes a long-term strategy to es- billions of dollars of investment in Girls Clubs; today more than 14,000 tablish 1,000 additional Boys and Girls Clubs commercial scale plants, the tax cred- and detailed summary of those areas in its have promoted major technology young Alaskans are Boys and Girls which new facilities will be established, or in Club members. In fact many of my which existing facilities will be expanded to advances and many more improve- staff are alumni of these clubs in Alas- serve additional youths, during the next fis- ments are on the brink of commer- ka. cal year; cialization. These benefits justify some This seed money will insure that ‘‘(B) includes a plan to ensure that there level of continuing support. On the more than 1 million more young Amer- are a total of not less than 2,500 Boys and other hand, to my fellow industry sup- icans will have a safe place to grow and Girls Clubs of America facilities in operation porters, I suggest that we need to rec- learn by the year 2000. This is a model before January 1, 2000; ognize that the tax incentives are near- program supplying the construction ‘‘(C) certifies that there will be appropriate ly 20 years old and should be reviewed cost for the clubs and giving youths in coordination with those communities where clubs will be located; and for possible constructive changes. depressed communities a chance to ‘‘(D) explains the manner in which new fa- In extending the incentives beyond succeed. Studies by Columbia Univer- cilities will operate without additional, di- 2000, we should be willing to take a sity have shown that in areas of public rect Federal financial assistance to the Boys critical look at the incentives to deter- housing where there are Boys and Girls and Girls Clubs once assistance under this mine if they should be modified to bet- Clubs Juvenile crime has dropped 13 subsection is discontinued.’’. ter achieve the objectives of the eth- percent. (c) ROSE MODEL GRANTS.—Section 401 of anol industry and the country. During I thank Senator HATCH and the other the Economic Espionage Act of 1996 (42 this debate, my first priority will be to cosponsors of this important legisla- U.S.C. 13751 note) is amended by adding at the end the following: ensure the continued growth and devel- tion for their hard work and dedica- opment of small ethanol plants that tion. I look forward to seeing more ‘‘(f) ROLE MODEL GRANTS.—Of amounts made available under subsection (e) for any have been responsible for diversifica- Boys and Girls Clubs across our great fiscal year— tion of the ethanol industry and rural Nation. ‘‘(1) not more than 5 percent may be used economic development. Those plants Mr. HATCH. Mr. President, I am pre- to provide a grant to the Boys and Girls pared to yield back the remainder of represent the future for economic Clubs of America for administrative, travel, growth in rural America and will help my time. and other costs associated with a national Would the Senator from Delaware role-model speaking tour program; and keep the benefits of value-added agri- yield back the remainder of his time? ‘‘(2) no amount may be used to compensate cultural processing in the rural com- Mr. BIDEN. I yield back the remain- speakers other than to reimburse speakers munities from which those products der of my time. for reasonable travel and accommodation originate. Mr. HATCH. I yield back the remain- costs associated with the program described Ethanol and its ether, ETBE, have der of my time as well as Senator in paragraph (1).’’. never played as large a role as I believe LEAHY’s time, I am authorized to say. Mr. HATCH. I move to reconsider the they can and should play in cleaning The PRESIDING OFFICER. The vote. up America’s air or reducing its de- question is on the engrossment and Mr. BIDEN. I move to lay that mo- pendence on foreign energy through third reading of the bill. tion on the table. the reformulated gasoline program. We

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4580 CONGRESSIONAL RECORD — SENATE May 15, 1997 need to explore how the tax incentives out against the Senate’s current stall candidates submitted by a Democratic presi- can be restructured to make ETBE on confirming Federal judges. I also dent. The pinch is particularly painful here more price-competitive with MTBE, so want to commend Senator KOHL for his in border towns. The nominee for Browns- ville, in Kazan’s district, has been awaiting that ethanol can play a greater role in similar remarks today. approval since 1995. Here in Laredo, Kazen’s the reformulated gasoline market. Mr. President, confirming Federal criminal docket has increased more than 20 Finally, Congress should be willing judges should not be a partisan issue. percent over last year. to provide sufficient encouragement to The administration of justice is not a ‘‘We have a docket,’’ he said, ‘‘that can be the rest of the ethanol industry to political issue. Working together, the tripled probably at the drop of a hat.... allow it to continue converting corn Senate should do our constitutionally The Border Patrol people, the Customs peo- and other grains into high grade liquid mandated job and proceed to confirm ple at the [international] bridges will tell you, they don’t catch a tenth of who is going fuel and proteins, generating much the judges we need for the Federal sys- through. The more checkpoints you man, the needed rural employment and invest- tem. more troops you have at the bridges, will ment, and improving air quality. This I ask unanimous consent that today’s necessarily mean more stops and more can be done while still limiting our tax Washington Post article titled ‘‘Cases busts.’’ expenditures and contributing to a bal- Pile Up As Judgeships Remain Vacant’’ And many more arrests are expected, the anced Federal budget. be printed in the RECORD immediately result of an unprecedented focus on policing Since its inception in the late 1970’s, after my remarks. the U.S.-Mexican border. Earlier this year, There being no objection, the article Clinton unveiled a $367 million program for the domestic ethanol industry has the Southwest for fiscal 1998, beginning Oct. helped reduce our dependence on for- was ordered to be printed in the 1, that includes hiring 500 new Border Patrol eign oil, create rural jobs and greater RECORD, as follows: agents, 277 inspectors for the Immigration farm income, and provide consumers [From the Washington Post, May 15, 1997] and Naturalization Service, 96 Drug Enforce- with a choice of oxygenated fuels. That CASES PILE UP AS JUDGESHIPS REMAIN ment Administration agents and 70 FBI is a track record that makes sense for VACANT agents. In Kazen’s territory, the number of Border America, and that should neither be (By Sue Anne Pressley) Patrol agents already has swollen dramati- discounted nor abandoned. It is my LAREDO, Tex.—The drug and illegal immi- cally, from 347 officers assigned to the La- hope that in the near future a con- grant cases keep coming. No sooner does redo area in fiscal 1993 to 411 officers in fiscal structive dialog can begin in Congress Chief U.S. District Judge George Kazen clear 1996. More tellingly, in 1993, agents in the on how to extend the tax incentives in one case than a stack of new cases piles up. Laredo sector arrested more than 82,000 peo- a fiscally prudent and economically ef- He takes work home at night, on weekends. ple on cocaine, marijuana and illegal immi- ‘‘It’s like a tidal wave,’’ Kazen said re- gration charges. By 1996, arrests had soared fective manner beyond the year 2000. I cently. ‘‘As soon as I finish 25 cases per am committed to that goal. to nearly 132,000, according to data supplied month, the next 25 are on top of me and then by the INS. f you’ve got the sentence reports you did 2 All of which is keeping Kazen and the DISTRICT COURT BACKLOG AND months before. There is no stop, no break at other judges here hopping. ‘‘I don’t know all, year in and year out, here they come. JUDICIAL VACANCIES what the answer is,’’ said U.S. District Judge ‘‘We’ve already got more than we can say John Rainey, who has been acting as ‘‘a cir- Mr. LEAHY. Mr. President, for the grace over down here,’’ he said. cuit rider’’ as he tries to help Kazen out in past several months I have spoken This is what happens to a federal judge on Laredo from his post in Victoria, Tex. ‘‘I cer- about the crisis being created by the the southern border of the United States tainly don’t see it easing up anytime soon. when Washington cracks down on illegal im- There still seems to be such a demand for almost 100 vacancies that are being migration and drug smuggling. It is a situa- perpetuated on the Federal courts drugs in this country, and that’s what causes tion much aggravated by the fact that the people to bring them in. Until society around the country and the failure of Senate in Washington has left another fed- changes, we won’t see any changes down the Senate to carry out its constitu- eral judgeship in this district vacant for 2 here.’’ tional responsibilities to advise and years, one of 72 vacancies on federal district In a letter to Rep. Henry B. Gonzalez (D– consent to judicial confirmations. courts around the country. Tex.) in February, Kazen outlined the need Today, the Washington Post, in an As Border Patrol officers and other federal for a new judge in the Laredo or McAllen di- excellent article written by Sue Anne agents swarm, this southernmost region of vision, rather than in Houston, where a va- Texas along the Mexican border in ever-in- Pressley, focused on the consequences cancy was recently created when then-Chief creasing numbers, Judge Kazen’s docket has Judge Norman Black assumed senior status. of this judicial crisis in one district grown and grown. He has suggested, so far ‘‘The ‘border’ divisions of our court— court in Texas, the southern district of unsuccessfully, that a judgeship in Houston Brownsville, McAllen and Laredo—have long Texas. The article reports on the grow- be re-assigned to the Rio Grande Valley to borne the burden of one of the heaviest ing drug and immigration cases that help cope. criminal dockets in the country, and the are inundating this district court and In Washington, where the laws and policies processing of criminal cases involves special the lack of Federal judges needed to were adopted that has made Kazen’s life so pressures, including those generated by the administer justice in these cases. difficult, the Senate has made confirmation Speedy Trial Act,’’ he wrote. of federal judges a tedious process, often On a recent typical day, Kazen said, he This district has two vacancies, one fraught with partisan politics. In addition to sentenced six people on drug charges and lis- open since December 1, 1990, and the the 72 federal district court vacancies (the tened to an immigration case. His cases tend President has nominated Hilda Tagle trial level), there are 25 circuit court vacan- to involve marijuana more often than co- to fill this judicial emergency vacancy. cies (the appellate level) and two vacant caine, he said. Ms. Tagle’s nomination was first re- international trade court judgeships across ‘‘The border is a transshipment area,’’ he ceived by the Senate Judiciary Com- the country, leaving unfilled 99 positions, or said. ‘‘The fact is, a huge amount of contra- 11 percent of the federal judiciary. Twenty- band somehow crosses the Texas-Mexican mittee on August 10, 1995, but she has border, people walking through where the yet to have a hearing before the com- six nominations from President Clinton are pending, according to Jeanne Lopatto, river is low, and there are hundreds and hun- mittee. spokeswoman for the Senate Judiciary Com- dreds of miles of unpatrolled ranchland. This district in Texas is only one ex- mittee, which considers nominations for rec- ‘‘In some cases,’’ Kazen continued, ‘‘we’re ample of crisis that affects the entire ommendation to the full Senate for con- seeing a difference in the kind of defendant. country. We could find similar backlog firmation. We’re almost never seeing the big shots— problems in district courts in Cali- we’re seeing the soldiers. Once in a while, ON TEXAS BORDER, CASES WON’T WAIT FOR we’ll see a little bigger fish, but we’re deal- fornia, Florida, and other States that WRANGLING ON JUDICIAL VACANCIES ing with very, very smart people. We see are swamped with rising cases and un- Of those 99 vacancies, 24 qualify as judicial some mom-and-pop stuff, too. There was a filled judicial vacancies. Yesterday, I emergencies, meaning the positions have guy who came before me who had been in the met with members of the Federal been vacant more than 18 months, according Army umpteen years, and he needed the Judges Association who are very con- to David Sellers of the administrative Office money, he was going bankrupt, so he did this cerned about the growing backlogs and of the U.S. Courts. Two of the emergencies 600-pound marijuana deal. he said he stood to rising caseloads in Federal courts exist in Texas, including the one in Kazen’s pick up $50,000, and now he’s facing five to 40 southern district. years. across the Nation. Lopatto said the thorough investigation of ‘‘We see kids 18 and 19 years old,’’ Kazen I want to commend Senators BOXER, each nominee is a time-consuming process. said. ‘‘We see pregnant women. We see dis- SARBANES, and KENNEDY for joining me But political observers say Republicans, who abled people in wheelchairs. This is very, yesterday on the Senate floor to speak run the Senate, are in no hurry to approve very tempting stuff.’’

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4581 In Washington, the argument over court the witness list be printed in the Nation’’ [MFN] trading status. They vacancies continues. On April 30, Attorney RECORD following my remarks. seek to rename MFN, ‘‘Normal Trade General Janet Reno told the Judiciary Com- The PRESIDING OFFICER, without Relations.’’ mittee, ‘‘Chief judges are calling my staff to objection, it is so ordered. report the prospect of canceling court I am not joining my Finance Com- sittings and suspending civil calendars for (See exhibit 1.) mittee colleagues on this bill today. lack of judges, and to ask when they can ex- Mr. CAMPBELL. I am more con- But I would gladly support this initia- pect help. This committee must act now to cerned now than ever about the quality tive once the United States has an ef- send this desperately needed help.’’ of air service in Colorado, and I look fective China policy. In remarks yesterday to the Federal forward to working with my colleagues Judges Association meeting in Washington, on improving air service in this impor- Mr. President, the reason we annu- Reno warned that ‘‘the number [of vacan- tant region of our country. ally consider China’s trade, human cies] is growing.’’ rights, and national security behavior ‘‘As you are no doubt aware,’’ Reno told EXHIBIT 1 during the MFN renewal debate is be- the judges, ‘‘the level of contentiousness on LIST OF WITNESSES PRESENT AT THE HEARING cause we do not have an acceptable al- the issue of filling judicial vacancies has un- Mr. Greg Walcher, President of Club 20. fortunately increased in recent times.’’ Mr. Benard Buescher, Colorado Transpor- ternative. The goal, therefore, of this f tation Commissioner. year’s debate should not be to simply FIELD HEARING ON INTRASTATE Mr. John Frew, President and CEO of Colo- extend or revoke MFN for the PRC. I AIR SERVICE IN COLORADO rado Ski Country U.S.A. suggest, instead, that we endeavor to Mr. Jamie Hamilton, Vice President of the address the shortcomings of our China Mr. CAMPBELL. Mr. President, Grand Junction Chamber of Commerce. policy so that we do not need the an- today I want to call my colleagues’ at- Mr. J.J. Johnston, Executive Director of nual MFN issue to debate China. tention to an important issue facing the Mesa County Economic Development the Western Slope of my home State of Council. Mr. President, we need a real China Ms. Debbie Kovalik, Executive Director of Colorado; namely, the lack of quality policy to replace the MFN revocation the Grand Junction Visitor Bureau. threat, not a name change. If the issue and reliable air service. Mr. Mark Berumen, Governmental Affairs I have long been concerned about this Coordinator for Frontier Airlines. were just about the name, Americans problem facing the residents and the Mr. Cody Ddiekroger. Founder and Presi- would not voice such strong opposition business community in western Colo- dent of Maverick Airlines. to trading with China as if it were a rado. I have received hundreds of com- Mr. Don Schreiber, Vice President of Gov- normal country. The fact is, Mr. Presi- plaints from constituents up and down ernmental Relations for Mesa Air Group. dent, China is not like other trading the Western Slope and have experi- Mr. Dave Logan, Partner, Park Avenue nations. It is perhaps the worst viola- Travel Agency. enced many of these problems myself. Ms. Jo Saul, Owner, Jo’s Travel Source in tor of human rights and weapons non- For example, on numerous occasions I Durango. proliferation standards in the world. have found myself waiting for a de- Ms. Cindy Stanfield, Owner, the Travel The PRC trades unfairly, persecutes layed flight for several hours only to Connection Agency in Grand Junction. people of faith, imprisons and tortures find out later on that the flight had f democrats, proliferates weapons tech- been canceled. On one occasion, the THE VERY BAD DEBT BOXSCORE nology, sells arms to street gangs in pilot showed up only to announce that the United States, and disbands demo- Mr. HELMS. Mr. President, at the he was not certified to fly the plane. cratic institutions in Hong Kong. The close of business yesterday, Wednes- To address this issue, I held a field PRC does this while receiving inter- day, May 14, 1997, the Federal debt hearing on Wednesday, April 2, in national aid, American technology— stood at $5,339,781,396,107.91. (Five tril- Grand Junction, CO, to hear testimony much with military applications, and lion, three hundred thirty-nine billion, firsthand from citizens and representa- free access to the American market. seven hundred eighty-one million, tives of the business community. Wit- This so-called engagement policy three hundred ninety-six thousand, one nesses at the hearing included rep- seems hollow and dangerous. Merely hundred seven dollars and ninety-one resentatives from the airlines industry, changing the name of MFN will not cents) consumers as well as the business com- change this reality. munity. One year ago, May 14, 1996, the Fed- The testimony presented reflected eral debt stood at $5,096,217,000,000. Mr. President, I traveled to Hong the deep concern among business lead- (Five trillion, ninety-six billion, two Kong and China in late March this year ers and consumers in western Colorado hundred seventeen million) with my colleague and fellow co-chair about the lack of adequate air service. Five years ago, May 14, 1992, the Fed- of the Senate’s Hong Kong caucus, Sen- Many of the witnesses testified to the eral debt stood at $3,893,082,000,000. ator LIEBERMAN of Connecticut. lack of competition in air service in (Three trillion, eight hundred ninety- I returned from this mission more western Colorado after deregulation. three billion, eighty-two million) concerned about Hong Kong than when They further stressed that their con- Ten years ago, May 14, 1987, the Fed- I departed. The Chinese leadership cerns center around late arrivals, can- eral debt stood at $2,272,137,000,000. tried to put to rest my concerns for celed flights, discontinuation of serv- (Two trillion, two hundred seventy-two Hong Kong by reassuring me that de- ice, over booked flights, inadequate billion, one hundred thirty-seven mil- mocracy would be returned to Hong aircraft that cannot handle passenger lion) Kong once the people received proper baggage, inadequate safety procedures, Fifteen years ago, May 14, 1982, the civic education. This distrust of people inconvenient schedules and costs and Federal debt stood at $1,062,129,000,000 is apparent in China’s actions toward high turnover of pilots. (One trillion, sixty-two billion, one Hong Kong’s civil and political free- Because of the importance of this hundred twenty-nine million) which re- doms. testimony, I wrote to the acting ad- flects a debt increase of more than $4 It also caused me to renew my con- ministrator of the Federal Aviation trillion—$4,277,652,396,107.91 (Four tril- cern for our China policy. My position Administration, Mr. Barry Valentine, lion, two hundred seventy-seven bil- on this bill, and on the MFN debate in on April 18, requesting the FAA’s re- lion, six hundred fifty-two million, general, arises from my desire for good view of this material and requested a three hundred ninety-six thousand, one relations with China. I know this is in report from the FAA on ways in which hundred seven dollars and ninety-one the best interest of America, China, air service can be improved on the cents) during the past 15 years. and the world. Western Slope and how the witnesses’ f concerns can be addressed. I also pro- There are a tremendous number of vided a complete set of this testimony NORMAL TRADE RELATIONS issues which Americans wish to raise to the Senate Aviation Subcommittee, Mr. MACK. Mr. President, I rise with China. In 1997, these include Hong so it can be used in future sub- today because a bill is being introduced Kong reversion, weapons proliferation, committee work on commuter air serv- by Senators ROTH, MOYNIHAN, and religious persecution, PRC-Taiwan re- ice. members of the Finance Committee lations, human rights, involvement in For the benefit of my colleagues, I which seeks to amend trade laws and U.S. elections, and our unequal trade ask unanimous consent that a copy of provisions referring to ‘‘Most Favored relationship.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4582 CONGRESSIONAL RECORD — SENATE May 15, 1997 Many people advise, however, that goes awry they have described the need I will share with you tonight some opposing MFN represents a hollow—es- to have a health exception in cases stories, stories of people with disabil- sentially meaningless—threat. And where there is a fetal abnormality, ities, diagnosed in the womb. I will yet, without a responsible alternative, where a baby is developing in the womb share with you some happy stories, and Members of Congress must choose be- that is not perfect. I will share with you some sad stories. tween voting to revoke MFN or taking Now we have heard all of the horrible But even in the sad stories you will no action. Neither option is acceptable. accounts of Dr. McMahon performing find a silver lining, a lining that would Neither choice is in our Nation’s best partial-birth abortions on children be- not be there if it were not for someone interest. cause they had cleft palates or other who cared enough to treat their child So that our children and the children very minor—Down’s syndrome, and with dignity and respect, cared enough of China do not inherit an adversarial other minor, or not life-threatening to love them as fully as they loved any relationship, we must do two things in maladies. That, in my mind, is an inde- one of their other children. 1997. First, we must engage in a domes- fensible defense for a health exception. You heard me talk earlier today, yes- tic debate on China; we must get be- I found it absolutely astonishing that terday, about Donna Joy Watts. One of yond hollow engagement and hollow Members would have gotten up yester- the cases cited over and over again by threats. Second, we must ensure our day and talked about the need to have people who want to create a health ex- policy demonstrates to China that partial-birth abortion as an option to ception in the partial-birth abortion their actions have consequences: That dispose of children who were devel- bill is that there are times when a they are a member of the world com- oping in the womb with a defect. They baby’s head has excess fluid, cerebral spinal fluid, and it is called munity and actions which violate did so at the same time, the same day, hydroencephaly, water on the brain. agreements and norms are not merely we passed IDEA, Individuals with Dis- Donna Joy Watts was one of the babies internal matters. abilities Education Act, the same day that was diagnosed with As many people know, I had dis- that people passionately got up on the hydroencephaly, and another malady cussed an idea to extend the current floor and argued for the rights of the where the brain was actually growing MFN status for the PRC for an addi- disabled to be educated, to maximize outside of the skull. their human potential, and some 30 tional 3 months in 1997. In offering this The doctors diagnosed her condition idea, I sought to accomplish the above Senators who voted for that voted as fatal and told her mother and father two goals. It is too late for the House today to wipe out the ban on partial- they would have to abort her, and her birth abortion. to take action on the 3-month exten- mother and father said, ‘‘At 71⁄2 months sion as I had proposed it, but it is not Now, I find that absolutely incon- we are not going to abort our child. too late for us to unite behind a call for gruous. How can you fight for the Why not give her a chance to live?’’ action. rights of the disabled to be educated? They said, ‘‘no, no, we will not give her Mr. President, I agree with my dis- How can you fight for the rights of the a chance to live because she will not tinguished Finance Committee col- disabled under the Americans With live. It is best for you. Trust me, you leagues who believe we must get be- Disabilities Act, which all of those will feel a lot less pain. You need to yond the annual MFN revocation Members, to my knowledge, those that just get on with it.’’ These were obste- threat. But the way to do this is not to were here, supported, back in 1990, I be- tricians, genetics counselors. She had change the name of MFN; we must ad- lieve it was. How can you support that to go four places—four places—to get dress the real problem. We must de- stand and say you care about the dis- someone who would deliver her baby. velop new instruments which address abled, that you want to maximize their Any of the four would have aborted her our interests with China. potential, that you want to treat them baby, but only one of the four would I fear, Mr. President, that the name with dignity and give them civil rights, have delivered her baby. change does not accomplish this most when you will not give them the most We are reaching the point in this important goal; in fact, to the extent basic of civil rights, the right to live in country where it is almost easier to that it decreases our resolve to discuss the first place? find an abortion than it is to find a China, this bill jeopardizes our na- If you survive the womb, if you sur- doctor to deliver a child that will have tional interests. It is for this reason vive Roe versus Wade, which allows complications. The fear of lawsuit, the that I do not join my colleagues today you to be destroyed because you are fear of complications, and the stress in offering this name-change legisla- not perfect—yes, Roe versus Wade, Doe associated with it are just creating the tion. versus Bolton, allow you to be de- impetus to do abortions. Nobody can Instead, I invite the Congress and the stroyed because you are not perfect. I sue you for doing abortions. You sign a President to join me in making the know that may click some sort of consent form. You give up your rights. best use of this year’s debate. We must memory of people who remember what You say, ‘‘I won’t sue. As long as you utilize this time to develop and ad- happened across the Atlantic some 50 kill my child, I will not sue.’’ So they vance our China policy, not merely put and 60 years ago, that just because you don’t get sued. No liability there. But it off for another year. were not perfect, you were not deserv- if you work with the mother to deliver Mr. SANTORUM. Mr. President, I ing to live. the child, then if mom believes you suggest the absence of a quorum. We have Members, standing here, ar- didn’t tell her everything you should The PRESIDING OFFICER. The guing that we need to be able to have have, you get hit with a wrongful birth clerk will call the roll. the option of killing a little baby be- suit. In other words, ‘‘My child is bet- The assistant legislative clerk pro- cause it is not perfect. They say, oh, ter off dead than alive’’ kind of suit. ceeded to call the roll. that history that happened 50, 60 years What kind of society allows that? Mr. SANTORUM. Mr. President, I ago, could never repeat itself. It cannot What kind of society would say we put ask unanimous consent reading of the happen. Oh, how history tends to re- in legal doctrine a suit that says my amendment be dispensed with. peat itself, even here on the Senate child is better off dead than alive? The PRESIDING OFFICER. Without floor. What a misunderstanding of life. Every objection, it is so ordered. I find it absolutely amazing that peo- child is perfect in the eyes of God; I f ple are not shocked by their own hope in the eyes of the mother, but we words, that they do not understand, as have some to go that way. We have lots PARTIAL-BIRTH ABORTION BAN the Bible says, that a house divided of people in the medical profession who ACT OF 1997 against itself, that you cannot stand up certainly do not see it that way, and Mr. SANTORUM. Mr. President, we on one side and argue for rights of the counsel for abortion. In fact, at every have heard a lot of talk over the past disabled at the same time saying they single turn, Donny and Lori Watts were several days about the issue of partial- do not even have the right to be born hit with ‘‘abort, abort, abort. Save birth abortion, about late-term abor- in the first place, they are not going to yourself the trouble.’’ She said no and tion, about the need to have an option be protected by our Constitution, they he said no. available should a pregnancy go awry, are not going to be protected by our They finally delivered her. This is and in describing when a pregnancy laws. what she looked like. It is a little

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4583 Donna Joy, named after her daddy, It is hard. But little Donna Joy ally that Product Liability and Tort Reform Donna Joy. Oh, her little head is not Watts is one of the great stories that are important measures. If S5 and HR872 are perfect, and she had problems, serious ennobles all of us. Had Lori and Donny not passed, it is a certain death sentence for problems. But she was born alive. decided to kill, to let little Donna Joy Kathleen and every other person affected by For 3 days Lori Watts told me the hydrocephalus. die by aborting her, our society would I ask you to look at the picture of Kath- medical professional at the hospital re- be diminished. The inspiration that leen. Tell me that you will help her. Don’t ferred to her little baby, who weighed this little girl and her family has pro- wait too long Senator, people will die. I am about 7 pounds, as a ‘‘fetus.’’ For 3 days vided ennobles us all, calls us to a looking forward to your response to this after her birth, a ‘‘fetus.’’ For 3 days greater sense of commitment and love issue of life and death importance to me and they wouldn’t feed this baby because it for our children and those who are not my family. was going to die. For 3 days they so fortunate to be perfect. These are two wonderful stories of wouldn’t drain the water from her head Another story: This is a story I just children who would not be termed ‘‘via- and put a shunt in it because she was got the other day. It is a letter written ble,’’ could be aborted late-term be- going to die. And Donna Joy just to me by Sandra and Joseph Mallon cause it was a medical complication, wouldn’t die. from Upper Darby, PA. I will read the and these children were deformed. So Lori and Donny decided that they story as she writes it to me. This is the kind of health exception were going to threaten. Lori said in the DEAR SENATOR SANTORUM: My name is San- that many want to allow so we can kill paper that she would threaten the doc- dra Mallon. I live in Upper Darby, PA with children just like this. But we know tors if they didn’t do something. So fi- my husband, Joe, and our 5 month old daugh- there is another way, a way suggested nally they did. ter, Kathleen. Both Joe and I work outside by even people who perform abortions And through a struggle, which I de- the home—but Kathleen is the most impor- like the doctor at the Medical College tailed yesterday, which I will not tant thing in our lives. I am writing in ref- of Pennsylvania who says that after 23 today, but through an incredible strug- erence to the H.R. 872 and S. 5 bill currently weeks, the second or third trimester, it gle of heroism her mom and her dad fed being considered. This issue is very near to is not necessary to kill a baby. It may her. She had 30 percent of her brain. my heart; and I feel this is a crisis issue that I must discuss. be necessary to separate the mother You often hear so much about you from the child. But it is never nec- only use a small percentage of your My daughter was diagnosed with hydro- cephalus, an abnormal accumulation of cere- essary to kill a baby, even one that has brain. And if there is one place in the brospinal fluid around the brain, at 23 weeks an abnormality. body we don’t understand, we don’t un- gestation. In fact, doctors have told me they are derstand the brain very well. We don’t You may have heard the debate ear- not aware of any abnormality in and of understand how it really works and lier about viability. At 22 weeks’ gesta- itself that is a threat to the woman’s how it compensates for problems, tion, a baby can survive. About 24 or 25 health or life that cannot be remedied whether it be by stroke or things like percent of babies survive outside the by a separation—not an abortion, not this. But Donna Joy had 30 percent of womb. the deliberate killing of the baby, but her brain. She had a deformed medulla At that time we were not given a positive by separation. In fact, most abnormali- oblongata which connects the brain to ties don’t require separation. You can the spinal cord. She had no medulla outlook for our little girl. We were told first to abort—but that was out of the question. deliver later in term, at term. oblongata. Her left and right side of Then we were told the best case would be to Not all stories end as happily. I want the brain were not connected. They expect a shunt operation and retardation; to share some stories with you of peo- didn’t talk to each other. She fought worse case would be death before or shortly ple that went through very tough deci- and she fought and she fought through after delivery. We decided to give our child sions, and some that, frankly, didn’t incredible difficulties. every chance we could. We went to many have very tough decisions but went Today, this is little Donna Joy doctors for the next four months—the news through heartaches when it came to a Watts, who yesterday and today was in got a little better as the pregnancy went on. Kathleen was born on December 6, 1996— child who had a problem in the womb. my office playing, talking to reporters, Let me first share the story of Jean- writing me notes, playing with my and she is our miracle baby. Though she has hydrocephalus, she is showing no symptoms. nie French. Jeannie has been very out- children, coloring books, acting like a One month ago she underwent an operation spoken. I shared her story last year, little girl, walks with a little bit of a to place a shunt, a tube which helps the fluid but it bears repeating. limp. She is a little bit behind for her to pass through the brain in a safe and effec- age. But after eight brain operations My name is Jeannie Wallace French. I am tive way. This is the most widely used treat- a 34 year old healthcare professional who and with 30 percent of her brain, she is ment for hydrocephalus, and even so, most holds a masters degree in public health. I am an amazing story. patients have to have their shunt revised (re- a diplomat of the American College of Her parents were told to have a par- placed) several times in their lifetimes. The Healthcare Executives, and a member of the tial-birth abortion because her head alternative in most cases is death. Chicago Health Executives Forum. was so large. They wanted to put those Joe and I have many hopes and dreams for In the spring of 1993, my husband Paul and scissors in the base of this little girl’s Kathleen—but mostly we want her to be a I were delighted to learn that we would be healthy, happy child. We want her to be parents of twins. The pregnancy was the an- skull and kill her. And Lori and Donny given every chance in life to experience her said no. They could have taken the swer to many prayers and we excitedly pre- world. Right now I want her to be able to pared for our babies. easy way out. play, jump, swim and maybe even ride In June, five months into the pregnancy, I can tell you. When Lori told me of horses. Unlike most families these every day doctors confirmed that one of the twins, our the times when she was a little baby of activities could cause Kathleen to need a daughter Mary, was suffering from occipital having to feed her, which took an hour shunt revision. This scares me to death!! encephalocele—a condition in which the ma- and a half because she didn’t have the Right now there is technology and materials jority of the brain develops outside of the muscles to hold the food in—it would to help Kathleen should there be a reason. skull. As she grew, sonograms revealed the just come right back up, she had no But if these bills do not pass my child could progression of tissue maturing in the sack muscular control as a baby. So the food be in for pain and suffering which would protruding from Mary’s head. slowly and painfully kill her. Don’t let this would come right back up. They We were devastated. Mary’s prognosis for happen to my Kathleen Marie. Silicone is the life was slim, and her chance for normal de- thought she would die of malnutrition only material available which the body does velopment non-existent. Additionally, if until Lori thought it out. She would not see or reject to make these lifesaving Mary died in utero, it would threaten the life put this paste, which was real heavy shunts. of her brother, Will. that would stay in her stomach, but it I can’t stress how important this issue is Doctors recommended aborting Mary. But was drop by drop in the back of her to me and my family. Besides our immediate my husband and I felt that our baby girl was mouth. It took an hour and a half to need to know Kathleen can continue to grow a member of our family, regardless of how feed her. She would take an hour-and- up as any other child. But the silicone is also ‘‘imperfect’’ she might be. We felt she was used in many other biomedical devices (i.e. a-half break, and another hour and a entitled to her God-given right to live her ear tubes, and pacemakers). So the S5 in the life, however short or difficult it might be, half to feed her, 24 hours a day, setting Senate and HR872 in the House would seek to and if she was to leave this life, to leave the alarm in the middle of the night, control my access to raw material for peacefully. getting up to feed her child so the child shunts. I understand there are other issues When we learned our daughter could not would not die of malnutrition. wrapped up in the bill, and I believe person- survive normal labor, we decided to go

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4584 CONGRESSIONAL RECORD — SENATE May 15, 1997 through with a cesarean delivery. Mary and quiet, examining and re-examining the dark he wasn’t perfect or because he might not her healthy brother Will were born a minute circle. live a long life. While we couldn’t look into apart on December 13, 1993. Little Will let We had brought along our three children, his eyes or hold him in our arms, he was no out a hearty cry and was moved to the nurs- ages 5, 3, and 1—Elizabeth, Johnny, and Dan- less our child than our other three children. ery. Our quiet little Mary remained with us, iel—to this appointment because we wanted And we loved him every bit as much. He was cradled in my Paul’s arms. Six hours later, them to be able to have a glimpse into the our gift from God from the moment we found wrapped in her delivery blanket, Mary Ber- still, perfect world of their unborn baby out Karen was pregnant. In our mind, from nadette French slipped peacefully away. brother. We now feared that they might get that time on our job as parents of this tiny Blessedly, our story does not end there. a glimpse into something else. life was to do everything we could to nurture Three days after Mary died, on the day of her The technician left, giving way to a doctor him through life. Karen and I have this say- interment at the cemetery, Paul and I were who repeated the earlier routine, mumbling ing, ‘‘life is about being there,’’ and this was notified that Mary’s heart valves were a something about a ‘‘bladder.’’ Finally, we our chance to be there for our baby. match for two Chicago infants in critical were coldly given the verdict: ‘‘Your child The second option was to do nothing. In condition. We have learned that even has a fatal defect and is going to die.’’ this case our son would live only as long as anacephalic and meningomyelocele children It’s not that the world stopped, nor that it he was in the womb. While in the womb our like our Mary can give life, sight or strength moved in slow motion, it was just that the baby’s lungs and kidneys were not necessary to others. Her ability to save the lives of two world had changed. Suddenly, our child for him to survive—Karen was performing other children proved to others that her life whom we loved, prayed for, dreamed about, those functions for him. There was no in- had value—far beyond what any of us could and longed to meet was diagnosed with a life creased threat to Karen as a result of his de- every have imagined. threatening condition. Through our tears fect. Mary’s life lasted a total of 37 weeks 3 days erupted the most basic of all parental in- The third option would entail several tests and 6 hours. In effect, like a small percent- stincts and emotions—we were going to save and testaments that could put Karen at risk. Karen’s immediate response was to do what- age of children conceived in our country our child. ever it took to save our son, no matter what every year, Mary was born dying. What can After the initial shock, I took the kids out the risk to her. partial birth abortion possibly do for chil- into the hallway to the phone and called Dr. Scott Adzick. Six months earlier, I had gone Our son went through two days of tests to dren like Mary? This procedure is intended determine kidney function. If there was very to hasten a dying baby’s death. We do not to Children’s Hospital of Philadelphia and seen a world I never knew existed—a world of poor or no kidney function there would be no need to help a dying child die. Not one mo- point in proceeding further—he would not ment of grief is circumvented by this proce- Dr. Adzick’s creation—a world of surgery and care for children still in their mother’s develop enough in the womb to survive out- dure. side. The first day the results were so bad In Mary’s memory, as a voice for severely womb. I remembered his amazing skill and how I sensed an aura of peace and a certainty that we discussed whether it was worth disabled children now growing in the comfort going through a second painful day of tests of their mother’s wombs, and for the parents of purpose surrounding his mission. I frantically described what had transpired for Karen. Dr. Adzick said we needed a mir- whose dying children are relying on the do- acle to get those kidneys to work better. nation of organs from other babies, I make and asked if he could help. Before he pep- pered me with questions, he calmly reas- We prayed more than I can remember for this plea: Some children by their nature can- our son, who we named that day Gabriel Mi- not live. If we are to call ourselves a civ- sured me that all was not lost. He had seen cases like this before and knew immediately chael, after the great archangels. The next ilized culture, we must allow that their day our prayers were answered with a mirac- that it had to be post-urethral valve syn- deaths be natural, peaceful, and painless. ulous improvement; the chances for success And if other preborn children face a life of drome. Scott’s principal concern had to do with were not just okay, but kidney function very disability, let us welcome them into this so- good. We could now do the surgery that ciety, with arms open in love. Who could pos- the absence of fluid in the amniotic sac. What he told us failed to lift our hopes. The would save his life. sible need us more? For both of us, this crisis was not so much absence of fluid meant that the baby likely a ‘‘faith check’’ as it was a time of reassur- I will now share a more personal had a complete obstruction of the urinary story. A comment was made in this ance. No matter what happened, we knew tract—in short, a very rare, severe, and ex- that God held us—and held Gabriel Michael— Chamber on several occasions in the tremely problematic condition. in his hands. What that knowledge there is a Not typically understood is that the ele- last debate and unfortunately again in peace beyond human understanding. this debate that Members who speak on ment comprising the amniotic fluid encom- The bladder shunt procedure, to drain the this issue have no right to speak on passing the baby during development is the urine into the amniotic sac in an effort to baby’s urine. The fluid not only provides a create the proper fluid environment for Ga- this issue because they cannot experi- barrier of protection from outside trauma, ence what the women who stood with briel, was scheduled for Tuesday with Dr. but it is necessary in the development of the Bud Wiener at Pennsylvania Hospital. Dr. President Clinton when he vetoed this baby’s lungs. Without it its lungs would not Wiener had done more of these procedures bill experienced. develop enough for him to survive outside than anyone else on the east coast and had Well, that is not true. I will read the womb. pioneered the plastic tube that would be used from an article I wrote about what In addition, the baby’s enlarged bladder to drain the urine. happened to me and my wife and our would so compress the internal organs—par- Next came the surgery. The idea that sur- ticularly the kidneys—that they would cease family. gery on a child in only its 20th week of life to function. Kidney failure would mean near- inside the womb could work boggles the On September 26, 1996, the Senate voted to certain death shortly after birth. mind. And watching Dr. Weiner at work was sustain President Clinton’s veto of the Par- Dr. Adzick arranged for tests to be done something to behold. He guided the shunt tial Birth Abortion Ban. I led the fight to the next day in Philadelphia at Pennsylvania into place, though more slowly than he override the veto on the floor of the Senate. Hospital. The initial results did not look would have liked, but it was a success. As we Central to the debate was the assertion by good. Seated in front of our second sonogram left the hospital, we worried about whether opponents of the ban that this procedure was machine in as many days, Dr. Adzick and Dr. the shunt had worked, and whether the necessary later in pregnancy in cases when a Alan Donnefeld described our son’s kidneys longer than usual procedure might have put severe fetal defect was discovered. I was told as not positive. Dr. Adzick told us that Karen more at risk. that I could not understand what these though he, too, was discouraged, there were Two days later, Karen began feeling both women, who experienced this procedure, had one or two occasions where he had seen bad chills and cramping—the cramping was the gone through. ‘‘It had never touched your kidneys have sufficient levels of function, beginning of labor and the chills were a sign life,’’ one Senator said. enabling a baby to survive until a transplant of an infection in her womb. Our worst fears This is a story of how just one week after soon after birth. had become a reality. that vote, it did. We adjourned to a supply room next to the Hoping desperately that it was food poi- We had been through the joyous routine treatment area. The purpose of the meeting soning or the flu, Karen fought desperately before—the technician would turn out the was to discuss options. Dr. Donnenfeld took to hold it all together. A call to the doctor lights, spread gel on Karen’s growing mid- the lead, saying that things were grave, and was met with an order to rush to the hos- section, and then right there on the screen in presenting us with three options. ‘‘Your first pital. We were in Pittsburgh at home. There front of our eyes we would get the first option is to terminate the pregnancy.’’ As another doctor performed another sonogram. glimpse of our baby—a fuzzy, black and the word pregnancy left his lips the room in- What we saw was perhaps the single worst white picture that told us all was well. stantly went dark. The doctor quickly and single best things of our lives. The fuzzy This time, however, was different. Sitting reached up and turned on the light that was picture on the screen showed an active in the darkened room, listening to the back- on a timer. Through nervous and awkward baby—arms and legs moving freely in a sac ground buzz of the machine, we saw a large, laughter I said, ‘‘I guess that answers your of amniotic fluid. But the infection per- dark circle on the screen, and we saw the question.’’ sisted. technician’s demeanor change. Everything We knew that abortion was a legal option, Karen was seized with horrible chills. seemed fine—arms, legs, head, spine—but the it just wasn’t a sane one. It was inconceiv- Huddled under nearly a dozen blankets her woman with the instrument was strangely able to us as parents to kill our baby because body temperature soared to 105. By this

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4585 point there was little that could be done. In the midst of the debate that fall, that you don’t subject anyone else in Intra-uterine infections are untreatable as disgusted by and worried about the America to this procedure. I plead with long as the source of the infection—the gruesome descriptions of abortion, one you on their behalf to stop the murder. amniotic sac—is in place. Unless the sac and thereby the baby were delivered, Karen of the Senators said that a medical I ask the President to look into his would eventually die, and Gabriel Michael procedure was bloody and that it was heart and see if he can’t understand with her. Here again the doctors told us that just the nature of the event. The Wash- and feel the disruption that this proce- abortion was a legal option, but we knew ington Post described what happened dure is causing to our culture and to there was another way. This way gave our next: our civilization. I ask every Member of son the love and respect he deserved and to Republican Senator Rick SANTORUM turned the Senate to do the same. I think, if Karen and me the gift of a precious few to face the opposition and, in a high, plead- you do, the decision will be easy. hours with our son. ing voice, cried out, ‘‘Where do we draw the Mr. President, I yield the floor. Karen was given an antibiotic which re- line? Some people have likened this proce- duced the fever and made her comfortable. The PRESIDING OFFICER. The Sen- dure to an appendectomy. That’s not an ap- ator from Ohio. She clung to the baby with all her might, pendix,’’ he shouted, pointing to a drawing of Mr. DEWINE. Mr. President, I con- but nature was relentless. Soon the labor in- a fetus. ‘‘This is not a blob of tissue. It’s a tensified—the body had identified the source baby. It’s a baby.’’ gratulate and thank my colleague from of the infection. She did everything she And then, impossibly, in an already hushed Pennsylvania, not only for bringing could to delay the inevitable. I tried calling gallery, in one of those moments when the this bill to the floor, for working on it everyone I knew to see if there was some- floor of the Senate looks like a stage set, for so many months, but also for that thing else that could be done. There was no with its small wooden desks somehow too very eloquent statement about the answer to be found. I thanked God for the small for the matters at hand, the cry of a tragedy that occurred in his family. presence of Karen’s father, Dr. Ken Garver, a baby pierced the room, echoing across the I think his statement was the state- physician whose specialty is in genetics chamber from an outside hallway. counseling, prenatal diagnosis of birth de- No one mentioned the cry. But for a few ment about the value of life and how fects, and Monsignor Bill Kerr who helped seconds no one spoke at all. precious human life really is. Each one guide us through this time. Maybe it was a freak occurrence. It of us, at different times in our lives, We knew the end was near so we tried to are reminded of the value of life, and pack a lifetime of love into those few hours. was a baby, a visitor’s baby that was crying in the hallway as the door to sometimes how brief that life can be. I put my hands on Karen’s abdomen—we As I look around the Chamber of the prayed and we cried. We also talked to Ga- the floor opened and a few seconds Senate this evening, I see three of my briel to let him know how much we loved later closed. A freak occurrence, per- him—how much we will miss him, how much haps, or maybe a cry from a son whose colleagues who have lost children, we will miss mothering and fathering him voice we never heard but whose life has three of us who have lost children, who and how his brothers and sister will miss his changed ours forever. understand maybe more than we did presence. Mr. President, I am using the words before how precious human life is. Within hours of 12:45, our son was of my wife: Really, that is what this debate is about tonight, what it has been about born. He was a beautiful creation—a Accepting partial-birth abortion as our small, pink, package of joy and sorrow, only alternative to a difficult birth or a po- today. One of the things that we do in hope and questions. We bundled him tentially disabled infant is to thwart two of this Senate, as we have the luxury, if up, put a little hat on his head, we held our strongest human impulses: the impulse you want to use the term, of unlimited him, sang to him, cried for him. He was of love and the impulse of memory. All of us debate, is to thoroughly discuss issues. too small to make a sound but he are united by our need to love and by our And as we do that, this tradition that spoke so powerfully to our hearts. His need to remember and be remembered. Giv- is over 200 years in this body, as we do ing life to and caring for a sick infant—for eyes never opened to see his mommy that, many times we do, in fact, edu- however brief a period—allows us to express cate ourselves and understand things and daddy, but he allowed us to see, in these uniquely human impulses. Rick and I him, the face of God. Two hours later, were blessed with the time to offer the full- better. Maybe, as we try to educate he died in my arms. ness of our love to our baby, and we have the ourselves, we help educate the Amer- We tried to make Gabriel’s short life, peace of knowing that he felt that love. Ga- ican people. short time on Earth, filled with love, briel Michael joined our family forever. He We have been at this debate for a only love. And we told him that soon has not been obliterated. Gabriel was known long time because we had this debate he would be experiencing something and will always be remembered. His memory last session of Congress. I would like, that we are striving for. God would be will live with us forever. I believe that every tonight, to talk about some of the human being should be remembered by some- things we have learned. I entered this bringing him to be with Him in heaven. body. Memory helps to anchor us to each Finally, we pledged to him that we other; it locates us not only within a certain Chamber, as my colleague from Texas, would rededicate ourselves to joining time and place, but within a family and PHIL GRAMM, said earlier this evening, him someday. within a community. It is one of the meas- entered the Chamber a few months The next days were no less of a blur ures of the value we place on each other. And ago—I say now over a year ago—with than the ones that led up to them. We the tragedy of infants who are destroyed and not a whole lot of knowledge about buried our son later that day, next to forgotten should haunt us all. partial-birth abortion. I think we all other members of our family, and we There is another way. You heard me have become educated, not just from prayed to God to give us under- quoting doctors all day about the other the debate here on the floor, but also standing. way, that there is no need to kill a we have been educated by the hearings. This is our story, the irony finding baby. You may need to separate the We have learned what partial-birth ourselves confronted with a baby with mother from the baby, but there is no abortion is. a fetal defect when only the few days need to kill the baby. I do know that. I think the most telling description before, the absence of such had dis- I have experienced that. And I, as I was given by Brenda Pratt Shafer, of qualified me from the debate on par- said, would not trade one moment, one Franklin, OH, when she testified in tial-birth abortion. It was in the eyes second. front of the Judiciary Committee. Let of many truly overwhelming. On two What we are debating here is infan- me, if I could, share with my col- occasions we, too, could have chosen ticide, not abortion. We should have leagues in part what she said: the option to abort. We knew that Ga- the moral courage to stop infanticide Mr. Chairman and Honorable Members of briel’s life would probably be measured in the U.S. Senate. We should be able the Judiciary Committee, I am Brenda Pratt in minutes and hours, not in years and to muster up enough support out Shafer. I am a registered nurse, licensed in decades. We chose to let Gabriel live around America to send a message, the State of Ohio, with 13 years of experi- and die in the fullness of time—being loud and clear, to every Member in this ence. In 1993, I was employed by Kimberly held and loved and nurtured by two Senate, that we will not stand for it Quality Care, a nursing agency in Dayton, OH. In September 1993, Kimberly Quality parents who loved him dearly. any longer. Care asked me to accept an assignment at We wouldn’t have traded those 2 The children who are victims of par- the Women’s Medical Center, which is oper- hours with our son for anything in the tial-birth abortion are not here to ated by Dr. Martin Haskell. I readily accept- world. And we know he wouldn’t have speak for themselves. So we must do ed this assignment because I was at that either. that. And so I ask you on their behalf time very pro-choice.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4586 CONGRESSIONAL RECORD — SENATE May 15, 1997 She continues: shock. I tried to pretend I was somewhere we are, what kind of a society we want So, because of the strong pro-choice views else, to not think about what was happening. to live in, who we really are, who we I held at that time, I thought this assign- I just couldn’t wait to get out of there. After are as a people, what do we value and ment would be no problem for me. I left that day, I never went back. The last what do we not value, what do we be- But I was wrong. I stood at the doctor’s two procedures, by the way, involved healthy mothers with healthy babies. come indignant about, and what do we side as he performed the partial-birth abor- walk away from. tion procedure—and what I saw is branded on That was the testimony of the nurse, my mind forever. How bad do things have to be before testimony that has never been con- we speak up and say enough is enough? I worked as an assistant nurse at Dr. Has- troverted. In fact, I will not take the kell’s clinic for 3 days—September 28, 29, 30, This is something we simply, even in 1993. Senate’s time to read this in its en- 1997, this is something we will not tol- tirety, but this is the actual paper that She continues: erate. It is wrong. We will not put up Dr. Haskell prepared that has been with it. We will not allow it to occur in On the third day, Dr. Haskell asked me to quoted before in this procedure. It is a observe as he performed several of these pro- a civilized society. So, in a sense, not cedures that are the subject of this hearing. paper delivered by Martin Haskell, pre- only is this a debate about the babies, Although I was in the clinic on the assign- sented at the National Abortion Fed- not only a debate about who will live, ment of the agency, Dr. Haskell was inter- eration, Risk Management Seminar, it is also a debate about who all of us ested in hiring me full-time, and I was being September 13, 1992. You can track in are and what kind of a country we oriented in the entire range of procedures Dr. Haskell’s own words exactly what provided by that facility. have, what kind of a country we want. nurse Shafer said. I think we have an obligation to I was present for three of these partial- The doctor uses medical terminology. birth procedures. It is the first one that I speak up. I think that many times the will describe to you in detail. Part of this has already been read sins that we commit as a people, as in- 1 today by Dr. FRIST, Senator FRIST, The mother was 6 months pregnant, 26 ⁄2 dividuals, are sins of omission, what we weeks. A doctor told her that the baby had when he gave his very eloquent com- do not do when we do not speak up. Down Syndrome, and she had to have an ments in opposing the Daschle amend- I would like to quote from my friend, abortion. She decided to have this abortion. ment. I will point out one thing that is HENRY HYDE, from a book that he She came in the first 2 days and have the very evident when you look at this de- laminaria inserted and changed, and she wrote that I think summarizes what I scription by Dr. Haskell of what this believe. This is what Congressman cried the whole time she was there. On the partial-birth abortion procedure is, third day, she came in to have the partial- HENRY HYDE said: that it takes 3 days, day 1, day 2, day birth abortion procedure. I believe . . . that when the final judgment Dr. Haskell brought the ultrasound in and 3. That was confirmed by what Nurse comes—as it will surely—when that moment hooked it up so that he could see the baby. Shafer said. The dilation occurs in the comes that you face Almighty God—the indi- On the ultrasound screen, I could see the first 2 days. They go in, go back home vidual judgment, the particular judgment—I heart beat. As Dr. Haskell watched the baby or go to a motel, and then come back believe that a terror will grip your soul like on the ultrasound screen, the baby’s heart- the third day for the procedure itself. none other than you can imagine. The sins of beat was clearly visible on the ultrasound But actually the whole procedure takes omission will be what weigh you down; not screen. the things you’ve done wrong, the chances Dr. Haskell went in with forceps and 3 days. We have also learned not only what you’ve taken, but the things you failed to do, grabbed the baby’s legs and pulled them the times that you stepped back, the times down into the birth canal. Then he delivered the procedure is, we have learned a lot you didn’t speak out. the baby’s body and arms—everything but about why it is done. Not only for every idle word but for every the head. The doctor kept the head right in- Again, maybe the best evidence is to idle silence must man render an account. I side the uterus. listen to the people who perform the think that you will be overwhelmed with re- Senators this is a baby that was a little bit abortions. morse for the things you failed to do. smaller than the baby that I actually saw that day. Dr. McMahon has told us, he has said Mr. President, let us move to pass that a number of these were done for this bill. Let us speak out for what is She held something up. nothing more serious than cleft pal- right. And let us hope that the power of This is a mechanical model of a baby. The baby’s little fingers were clasping and ates. Seven, eight, possibly nine, for the arguments that have been heard on unclasping, and his little feet were kicking. cleft palates, the life was snuffed out. the floor—no, rather the facts that Then the doctor stuck the scissors in the Dr. Haskell has told us that 80 per- have been clearly disclosed on the back of his head, and the baby’s arms jerked cent—80 percent—of the abortions he floor—will then persuade the President out, like a startle reaction, like a flinch, like performs are elective. The evidence is of the United States to rectify a mis- a baby does when he thinks he is going to overwhelming of why these are done take that he made last year when he fall. and under what circumstances. vetoed this bill. We know more today. The doctor opened up the scissors, and stuck a high-powered suction tube into the Mr. President, during the just con- Many of the statements that were opening, and sucked the baby’s brains out. cluded debate, a number of my col- made by the President in his veto mes- Now the baby went completely limp. leagues spoke of how this issue has sage are clearly, clearly not true. It I was really completely unprepared for deeply divided this country. One even was clear to many of us at the time what I was seeing. I almost threw up as I said that nothing really has divided they were not true, but now that we watched Dr. Haskell doing these things. this country as much as the abortion have had the opportunity for more de- Next, Dr. Haskell delivered the baby’s debate has since the debate over slav- bate, more evidence, it is clear that the head. He cut the umbilical cord and deliv- ered the placenta. He threw the baby in a ery prior to and leading up to and in- reasons he gave, the rationales he gave, pan, along with the placenta and the instru- cluding the Civil War. are simply not there. ments he had just used. I saw the baby move I think that is correct. Few issues in So let us pass this bill. Let us send it in the pan. I asked another nurse, and she our whole country’s history have been again to the President. And let us pray said it was just reflexes. so divisive. I would argue, Mr. Presi- that the power of the facts will con- I have been a nurse for a long time, and I dent, this debate over abortion has vince our President to sign the bill. have seen a lot of death—people maimed in been so protracted and intense because Mr. President, I thank the Chair and auto accidents, gunshot wounds, you name in a sense in a government of ‘‘we the yield the floor. it. I have seen surgical procedures of every sort. But in all my professional years, I had people,’’ we are still trying to figure f out who ‘‘we’’—what that means, who never witnessed anything like this. MESSAGES FROM THE PRESIDENT The woman wanted to see her baby, so they is included. cleaned up the baby and put it into a blanket I say, Mr. President, that the vulner- Messages from the President of the and handed it to her. She cried the whole able babies that we have heard about United States were communicated to time. She kept saying, ‘‘I am so sorry, please are us. And whether or not we are will- the Senate by Mr. Williams, one of his forgive me.’’ I was crying, too. I couldn’t ing to speak out, whether or not we are secretaries. take it. That baby boy had the most perfect EXECUTIVE MESSAGES REFERRED angelic face I think I have ever seen in my willing to say enough is enough, not life. only will determine whether some of As in executive session the Presiding I was present in the room during two more these babies will live or die, but it also Officer laid before the Senate messages such procedures that day, but I was really in will determine what kind of a people from the President of the United

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4587 States submitting sundry nominations the adoption of a new United States ob- REPORT ON THE CFE FLANK DOC- which were referred to the appropriate ligation under, or in relation to, the UMENT—MESSAGE FROM THE committees. CFE Treaty or the CFE Flank Docu- PRESIDENT—PM 36 (The nominations received today are ment, unless such obligation is solely The PRESIDING OFFICER laid be- printed at the end of the Senate pro- of a minor administrative or technical fore the Senate the following message ceedings.) nature; or (iii) secure the provision of from the President of the United f assurances, or endorsement of a course States, together with an accompanying of action or a diplomatic position, in- report; which was referred to the Com- REPORT ON THE CFE FLANK DOC- consistent with the principles and poli- mittee on Foreign Relations. UMENT—MESSAGE FROM THE cies established under conditions (1), PRESIDENT—PM 35 (2), and (3) of the resolution of advice To the Senate of the United States: The PRESIDING OFFICER laid be- and consent to ratification of the CFE I am gratified that the Senate has fore the Senate the following message Flank Document. given its advice and consent to the ratification to the CFE Flank Docu- from the President of the United In connection with Condition (7), ment and I look forward to the entry States, together with an accompanying Modifications of the CFE Flank Zone, into force of this important agreement. report; which was referred to the Com- any subsequent agreement to modify, It will reaffirm the integrity of one of mittee on Foreign Relations. revise, amend or alter the boundaries the CFE Treaty’s core provisions and of the CFE flank zone, as delineated by To the Congress of the United States: will facilitate progress on CFE adapta- the map entitled ‘‘Revised CFE Flank In accordance with the resolution of tion and, thus, NATO enlargement, key Zone’’ submitted to the Senate on advice and consent to ratification on elements for advancing United States April 7, 1997, shall require the submis- the Document Agreed Among the and European security. sion of such agreement to the Senate States Parties to the Treaty on Con- I must, however, make clear my view for its advice and consent to ratifica- ventional Armed Forces in Europe of of several of the Conditions attached to tion, if such changes are not solely of a November 19, 1990 (‘‘the CFE Flank the resolution of advice and consent to minor administrative or technical na- Document’’), adopted by the Senate of ratification, including Conditions 2, 3, ture. the United States on May 14, 1997, I 4, 6, 7, 9 and 11. These Conditions all hereby certify that: In connection with Condition (9), purport to direct the exercise of au- In connection with Condition (2), Senate Prerogatives on Multi- thorities entrusted exclusively to the Violations of State Sovereignty, the lateralization of the ABM Treaty, I President under our Constitution, in- United States and the governments of will submit to the Senate for advice cluding for the conduct of diplomacy Belgium, Canada, Denmark, France, and consent to ratification any inter- and the implementation of treaties. Germany, Greece, Iceland, Italy, Lux- national agreement (i) that would add The explicit limitation on diplomatic embourg, the Netherlands, Norway, one or more countries as States Parties activities in Condition 3 is a particu- Portugal, Spain, Turkey and the to the ABM Treaty, or otherwise con- larly clear example of this point. As I United Kingdom have issued a joint vert the ABM Treaty from a bilateral wrote the Senate following approval of statement affirming that (i) the CFE treaty to a multilateral treaty; or (ii) the Chemical Weapons Convention, a Flank Document does not give any that would change the geographic condition in a resolution of ratification State Party the right to station (under scope or coverage of the ABM Treaty, cannot alter the allocation of author- Article IV, paragraph 5 of the Treaty) or otherwise modify the meaning of the ity and responsibility under the Con- or temporarily deploy (under Article V, term ‘‘national territory’’ as used in stitution. I will, therefore, interpret paragraphs 1 (B) and (C) of the Treaty) Article VI and Article IX of the ABM the Conditions of concern in the resolu- conventional arms and equipment lim- Treaty. tion in a manner consistent with the ited by the Treaty on the territory of In connection with Condition (11), responsibilities entrusted to me as other States Parties to the Treaty Temporary Deployments, the United President under the Constitution. Nev- without the freely expressed consent of States has informed all other States ertheless, without prejudice to my Con- the receiving State Party; (ii) the CFE Parties to the Treaty that the United stitutional authorities, I will imple- Flank Document does not alter or States (A) will continue to interpret ment the Conditions in the resolution. abridge the right of any State Party the term ‘‘temporary deployment’’, as Condition (9), which requires my cer- under the Treaty to utilize fully its de- used in the Treaty, to mean a deploy- tification that any agreement gov- clared maximum levels for conven- ment of severely limited duration erning ABM Treaty succession will be tional armaments and equipment lim- measured in days or weeks or, at most, submitted to the Senate for advice and ited by the Treaty notified pursuant to several months, but not years; (B) will consent, is an issue of particular con- Article VII of the Treaty; and (iii) the pursue measures designed to ensure cern not only because it addresses a CFE Flank Document does not alter in that any State Party seeking to utilize matter reserved to the President under any way the requirement for the freely the temporary deployments provision our Constitution, but also because it is expressed consent of all States Parties of the Treaty will be required to fur- substantively unrelated to the Senate’s concerned in the exercise of any re- nish the Joint Consultative Group es- review of the CFE Flank Document. It allocations envisioned under Article tablished by the Treaty with a state- is clearly within the President’s au- IV, paragraph 3 of the CFE Flank Doc- ment of the purpose and intended dura- thorities to determine the successor ument. tion of the deployment, together with a States to a treaty when the original In connection with Condition (6), Ap- description of the object of verification Party dissolves, to make the adjust- plication and Effectiveness of Senate and the location of origin and destina- ments required to accomplish such suc- Advice and Consent, in the course of tion of the relevant conventional arma- cession, and to enter into agreements diplomatic negotiations to secure ac- ments and equipment limited by the for this purpose. Indeed, throughout cession to, or ratification of, the CFE Treaty; and (C) will vigorously reject our history the executive branch has Flank Document by any other State any effort by a State Party to use the made a large number of determinations Party, the United States will vigor- right of temporary deployment under concerning the succession of new ously reject any effort by a State the Treaty (i) to justify military de- States to the treaty rights and obliga- Party to (i) modify, amend, or alter a ployments on a permanent basis; or (ii) tions of their predecessors. The ABM United States right or obligation under to justify military deployments with- Succession MOU negotiated by the the Treaty or the CFE Flank Docu- out the full and complete agreement of United States effectuated no sub- ment, unless such modification, the State Party upon whose territory stantive change in the ABM Treaty re- amendment, or alteration is solely an the armed forces or military equip- quiring Senate advice and consent. extension of the period of provisional ment of another State Party are to be Nonetheless, in light of the exceptional application of the CFE Flank Docu- deployed. history of the ABM Treaty and in view ment or a change of a minor adminis- WILLIAM J. CLINTON. of my commitment to agree to seek trative or technical nature; (ii) secure THE WHITE HOUSE, May 14, 1997. Senate approval of the Demarcation

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4588 CONGRESSIONAL RECORD — SENATE May 15, 1997 Agreements associated with the ABM REPORTS OF COMMITTEES S. 753. A bill to amend the Internal Rev- Treaty, I have, without prejudice to enue Code of 1986 to provide for individuals The following reports of committees who are residents of the District of Columbia the legal principles involved, certified, were submitted: consistent with Condition (9), that I a maximum rate of tax of 15 percent on in- By Mr. MURKOWSKI, from the Committee come from sources within the District of Co- will submit any agreement concluded on Energy and Natural Resources, without lumbia, and for other purposes; to the Com- on ABM Treaty succession to the Sen- amendment: mittee on Finance. ate for advice and consent. S. 430. A bill to amend the Act of June 20, By Mr. CAMPBELL (for himself, Mr. WILLIAM J. CLINTON. 1910, to protect the permanent trust funds of INOUYE, and Mr. DOMENICI): THE WHITE HOUSE, May 14, 1997. the State of New Mexico from erosion due to S. 754. A bill to amend the Juvenile Justice inflation and modify the basis on which dis- and Delinquency Prevention Act of 1974 to f tributions are made from those funds (Rept. provide for direct assistance to Indian tribes No. 105–18). for juvenile justice and delinqency preven- REPORT ON THE NATIONAL SECU- f tion programs, and for other purposes; to the RITY STRATEGY OF THE UNITED Committee on Indian Affairs. STATES—MESSAGE FROM THE INTRODUCTION OF BILLS AND By Mr. CAMPBELL (for himself and PRESIDENT—PM 37 JOINT RESOLUTIONS Mr. FORD): S. 755. A bill to amend title 10, United The PRESIDING OFFICER laid be- The following bills and joint resolu- States Code, to restore the provisions of fore the Senate the following message tions were introduced, read the first chapter 76 of that title (relating to missing from the President of the United and second time by unanimous con- persons) as in effect before the amendments States, together with an accompanying sent, and referred as indicated: made by the National Defense Authorization report; which was referred to the Com- By Mr. BUMPERS (for himself, Ms. Act for Fiscal Year 1997 and to make other mittee on Armed Services. LANDRIEU, Mr. CLELAND, Mr. KERRY, improvements to that chapter; to the Com- and Mr. DASCHLE): mittee on Armed Services. To the Congress of the United States: S. 745. A bill to amend the Internal Rev- By Mr. KERRY (for himself, Mr. As required by section 603 of the enue Code of 1986 to modify the partial exclu- ROCKEFELLER, Mrs. MURRAY, Mr. Goldwater-Nichols Department of De- sion from gross income of gain on certain KENNEDY, Mr. HOLLINGS, Mr. fense Reorganization Act of 1986, I am small business stock, to provide a rollover of WELLSTONE, Ms. MOSELEY-BRAUN, and transmitting a report on the National capital gains on certain small business in- Mr. HARKIN): Security Strategy of the United States. vestments, and for other purposes; to the S. 756. A bill to provide for the health, edu- cation, and welfare of children 6 years of age; WILLIAM J. CLINTON. Committee on Finance. By Mr. LEVIN: to the Committee on Labor and Human Re- THE WHITE HOUSE, May 15, 1997. S. 746. A bill to reaffirm and clarify the sources. f Federal relationship of the Burt Lake Band f as a distinct federally recognized Indian MESSAGES FROM THE HOUSE tribe, and for other purposes; to the Com- SUBMISSION OF CONCURRENT AND mittee on Indian Affairs. SENATE RESOLUTIONS At 12:10 p.m., a message from the By Mr. ROTH (for himself, Mr. MOY- House of Representatives, delivered by The following concurrent resolutions NIHAN, Mr. CHAFEE, Mr. GRAHAM, Mr. and Senate resolutions were read, and Mr. Hays, one of its reading clerks, an- HATCH, Ms. MOSELEY-BRAUN, Mr. nounced that the House has passed the GRASSLEY, Mr. BAUCUS, Mr. GRAMM, referred (or acted upon), as indicated: following bill, in which it requests the Mr. CONRAD, Mr. NICKLES, Mr. By Mr. ABRAHAM (for himself and Mr. concurrence of the Senate: BREAUX, Mr. JEFFORDS, Mr. BRYAN, LEAHY): Mr. ROCKEFELLER, Mr. KERREY, Mr. S. Res. 86. A resolution expressing the H.R. 2. An act to repeal the United States MURKOWSKI, Mr. D’AMATO, and Mr. sense of the Senate with respect to telephone Housing Act of 1937, deregulate the public LOTT): access charges for use of the Internet and the housing program and the program for rental S. 747. A bill to amend trade laws and re- growth of advanced interactive communica- housing assistance for low-income families, lated provisions to clarify the designation of tions networks like the Internet; to the and increase community control over such normal trade relations; to the Committee on Committee on Commerce, Science, and programs, and for other purposes. Finance. Transportation. f By Mr. BINGAMAN (for himself, Mrs. f HUTCHISON, Ms. MIKULSKI, Mr. BUMP- MEASURES REFERRED ERS, Ms. COLLINS, and Mr. ROBB): STATEMENTS ON INTRODUCED S. 748. A bill to provide for college afford- BILLS AND JOINT RESOLUTIONS The following bill was read the first ability and high standards; to the Committee By Mr. BUMPERS (for himself, and second times by unanimous con- on Labor and Human Resources. sent and referred as indicated: By Mr. DORGAN (for himself and Mr. Ms. LANDRIEU, Mr. CLELAND, H.R. 2. An Act to repeal the United States CONRAD): Mr. KERRY, and Mr. DASCHLE): Housing Act of 1937, deregulate the public S. 749. A bill to provide for more effective S. 745. A bill to amend the Internal housing program and the program for rental management of the National Grasslands, and Revenue Code of 1986 to modify the par- housing assistance for low-income families, for other purposes; to the Committee on En- tial exclusion from gross income of and increase community control over such ergy and Natural Resources. gain on certain small business stock, programs, and for other purposes; to the S. 750. A bill to consolidate certain mineral to provide a rollover of capital gains on Committee on Banking, Housing, and Urban interests in the National Grasslands in Bil- certain small business investments, Affairs. lings County, North Dakota, through the ex- change of Federal and private mineral inter- and for other purposes; to the Com- f ests to enhance land management capabili- mittee on Finance. ties and environmental and wildlife protec- THE SMALL BUSINESS CAPITAL GAINS EXECUTIVE AND OTHER tion, and for other purposes; to the Com- ENHANCEMENT ACT OF 1997 COMMUNICATIONS mittee on Energy and Natural Resources. Mr. BUMPERS. Mr. President, I rise The following communications were By Mr. SHELBY (for himself, Mr. MUR- today to introduce the Small Business laid before the Senate, together with KOWSKI, Mr. CRAIG, and Mr. BURNS): Capital Gains Enhancement Act of accompanying papers, reports, and doc- S. 751. A bill to protect and enhance sports- men’s opportunities and conservation of 1997, which will make several impor- uments, which were referred as indi- wildlife, and for other purposes; to the Com- tant improvements to section 1202 of cated: mittee on Environment and Public Works. the Internal Revenue Code, a measure I EC–1871. A communication from the Sec- By Mr. THURMOND (for himself, Mr. authored in 1993 to provide an incen- retary of the Senate, transmitting, pursuant COATS, Mr. HOLLINGS, Mr. HELMS, Mr. tive for investment in entrepreneurial to law, a statement of receipts and expendi- FAIRCLOTH, and Mr. HUTCHINSON): efforts. Section 1202 provides a 50 per- tures of the Senate, showing in detail the ex- S. 752. A bill to amend title 23, United cent exclusion for capital gains from pense under proper appropriations, the ag- States Code, to modify the minimum alloca- qualified small business stock held at gregate thereof, and exhibiting the exact tion formula under the Federal-aid highway condition of all public moneys received, paid program, and for other purposes; to the Com- least 5 years. out, and remaining in his possession from mittee on Environment and Public Works. The purpose of section 1202 is clear. October 1, 1996 through March 31, 1997; which By Mr. MACK (for himself, Mr. LIEBER- Because small businesses are inher- was ordered to lie on the table. MAN, and Mr. BROWNBACK): ently riskier than large businesses,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4589 most investors are reluctant to invest soft investment for a tax differential of S. 745 in the smaller enterprises. This, obvi- only 5.8 percent? Clearly, a major Be it enacted by the Senate and House of Rep- ously, tends to create a dearth of cap- across-the-board tax cut without a cor- resentatives of the United States of America in ital for entrepreneurs. But maintaining responding increase in the exclusion Congress assembled, a healthy investment environment for for small business investments will ob- SECTION 1. SHORT TITLE. small businesses is extremely impor- literate section 1202’s effectiveness. This Act may be cited as the ‘‘Small Busi- tant for the well-being of our economy. Small business will be left without a ness Capital Gains Enhancement Act of 1997’’. Most new jobs come from small busi- viable capital gains incentive. Not only would the situation de- SEC. 2. MODIFICATIONS TO EXCLUSION OF GAIN nesses, not large ones. From 1991–95, ON CERTAIN SMALL BUSINESS businesses with fewer than 500 employ- scribed above nullify the small busi- STOCK. ees created 22 million new jobs, while ness incentive for the future, it would (a) INCREASED EXCLUSION.— businesses of greater than 500 employ- be unfair to those who have already (1) IN GENERAL.—Subsection (a) of section ees cut 3 million jobs. And it was be- made small business investments based 1202 of the Internal Revenue Code of 1986 (re- cause of this dynamic small business on section 1202—those who accepted lating to 50-percent exclusion for gain from impact on our economy that Congress the risk of investing in a small busi- certain small business stock) is amended— ness stock for the promise of pref- (A) by striking ‘‘50 percent’’ and inserting passed section 1202 with great bipar- ‘‘75 percent’’, and tisan support in both chambers: we erential capital gains treatment. We would be saying, ‘‘Thanks for taking a (B) by striking ‘‘50-percent’’ in the heading wanted to create a capital formation and inserting ‘‘75-percent’’. risk with your small business invest- incentive for small business. (2) CONFORMING AMENDMENTS.— Now, for two reasons, it has become ment, but we’ve decided to change the (A) The heading for section 1202 of such crucial that we make certain improve- rules. We’re gonna give you about the Code is amended by striking ‘‘50-percent’’ and ments to section 1202. First, section same tax rate we give other people for inserting ‘‘75-percent’’. 1202 is not adequate. The small busi- their less-risky Fortune 500 invest- (B) The table of sections for part I of sub- ness incentive I originally proposed in ments.’’ As a matter of fairness to chapter P of chapter 1 of such Code is amend- those who have already invested in a ed by striking ‘‘50-percent’’ in the item relat- 1993 was considerably more extensive ing to section 1202 and inserting ‘‘75-per- than section 1202. After years of discus- small business based on section 1202, we must maintain a substantial dif- cent’’. sions among entrepreneurs and tax ex- (b) EXCLUSION AVAILABLE TO CORPORA- perts regarding what would be helpful ference between small business and big TIONS.— and workable, we had determined that business capital gains taxes. This bill (1) IN GENERAL.—Subsection (a) of section the incentive should, for example, in- will make that adjustment by increas- 1202 of the Internal Revenue Code of 1986, as clude companies of up to $100 million in ing the exclusion for small business amended by subsection (a), is amended by assets, allow corporate investors, and capital gains from 50 percent to 75 per- striking ‘‘other than a corporation’’. (2) TECHNICAL AMENDMENT.—Subsection (c) not be subject to the alternative min- cent. Here is a list of all the improvements of section 1202 of such Code is amended by imum tax. But because of budget con- our legislation would make to section adding at the end the following new para- cerns during the Omnibus Reconcili- 1202. Increase the small business deduc- graph: ation Act of 1993, the proposal was ‘‘(4) STOCK HELD AMONG MEMBERS OF CON- tion from 50 percent to 75 percent; in- scaled back to include only companies TROLLED GROUP NOT ELIGIBLE.—Stock shall crease the asset limit for ‘‘qualified of $50 million or less, allow no cor- not be treated as qualified small business small businesses’’ from $50 to $100 mil- porate investors, and subject 50 percent stock if such stock was at any time held by lion; make the incentive available to of the benefit to the alternative min- any member of the parent-subsidiary con- corporate investors; exempt the incen- trolled group (as defined in subsection (d)(3)) imum tax. The bill my cosponsors and tive from alternative minimum tax which includes the qualified small business.’’ I are introducing today will expand calculations; change the working cap- (c) REPEAL OF MINIMUM TAX PREFERENCE.— section 1202 to provide the kind of in- ital spend-down period (intended to (1) IN GENERAL.—Section 57(a) of the Inter- centive originally envisioned and more. prevent abuse through inactivity) from nal Revenue Code of 1986 (relating to items The second reason that today’s legis- of tax preference) is amended by striking 2 years to 5 years to allow companies lation is crucial is to preserve the in- paragraph (7). to raise adequate capital before begin- centive in the face of other impending (2) TECHNICAL AMENDMENT.—Section ning to spend it; increase the per-tax- capital gains cuts which would effec- 53(d)(1)(B)(ii)(II) of such Code is amended by payer benefit limit to $20 million or 10 striking ‘‘, (5), and (7)’’ and inserting ‘‘and tively nullify it. As we all know, it ap- times investment. Presently, the limit (5)’’. pears that we are headed toward an is $10 million or 10 times investment; (d) STOCK OF LARGER BUSINESSES ELIGIBLE across-the-board capital gains cut fol- and allow the tax-deferred rollover of FOR EXCLUSION.— lowing the recent budget agreement be- (1) Section 1202(d)(1) of the Internal Rev- capital gains from one qualified small tween the Clinton administration and enue Code of 1986 (relating to qualified small business to another. Republican congressional leaders. Iron- business) is amended by striking Although we have not yet received a ‘‘$50,000,000’’ each place it appears and insert- ically, an across-the-board cut could Joint Tax Committee revenue estimate obliterate the small business incentive ing ‘‘$100,000,000’’. on this measure, it would appear from (2) Section 1202(d) of such Code is amended if the latter is not adjusted accord- previous estimates to cost under $500 by adding at the end the following new para- ingly. million over 5 years and under $1 bil- graph: Here is how that would happen. lion over 10 years. Compared to the ‘‘(4) INFLATION ADJUSTMENT OF ASSET LIMI- Under the GOP capital gains proposal cost of an across-the-board capital TATION.—In the case of stock issued in any in S. 2, the top regular capital gains gains tax cut and other major tax cuts calendar year after 1997, the $100,000,000 amount contained in paragraph (1) shall be rate will be 19.8 percent, while the top being considered by this Congress, this rate for small business capital gains increased by an amount equal to— is a pittance. ‘‘(A) such dollar amount, multiplied by will remain at 14 percent. In other Mr. President, section 1202 is the words, an investor could buy stock in, ‘‘(B) the cost-of-living adjustment deter- major, if not the only, capital forma- mined under section 1(f)(3) for the calendar say, Microsoft, hold that stock 1 year, tion incentive for small business in the year in which the taxable year begins, deter- sell the stock, and, if a gain were real- entire Tax Code. It would be a tragedy mined by substituting ‘calendar year 1996’ ized, pay a maximum tax of 19.8 per- and a slap in the face of America’s en- for ‘calendar year 1992’ in subparagraph (B) cent. Alternatively, the investor could trepreneurs if we fail to maintain this thereof. make that investment in, say, a new measure in viable form. The bill we are If any amount as adjusted under the pre- biotech firm, hold that stock 5 years, introducing today will do that, and I ceding sentence is not a multiple of sell the stock, and, if a gain were real- urge my colleagues to support it. $1,000,000, such amount shall be rounded to ized, pay a maximum tax of 14 percent. Mr. President, I ask unanimous con- the next lower multiple of $1,000,000.’’ The logical choice would be clear: the (e) PER-ISSUER LIMITATION.—Section sent that the bill be printed in the 1202(b)(1)(A) of the Internal Revenue Code of investor would choose the big business RECORD. 1986 (relating to per-issuer limitation on tax- over the small business. After all, who There being no objection, the bill was payer’s gain) is amended by striking would choose a risky 5-year small busi- ordered to be printed in the RECORD, as ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. ness investment over a 1-year Micro- follows: (f) OTHER MODIFICATIONS.—

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(1) WORKING CAPITAL LIMITATION.—Section meets the active business requirements of which the taxpayer claims results in non- 1202(e)(6) of the Internal Revenue Code of subsection (c). A rule similar to the rule of recognition of any part of such gain, 1986 (relating to working capital) is amended section 1202(c)(2)(B) shall apply for purposes ‘‘(B) the taxpayer’s intention not to pur- by striking ‘‘2 years’’ each place it appears of this section. chase other eligible small business invest- and inserting ‘‘5 years’’. ‘‘(4) QUALIFIED SMALL BUSINESS ENTITY.— ments within the 6-month period described (2) REDEMPTION RULES.—Section 1203(c)(3) ‘‘(A) IN GENERAL.—The term ‘qualified in subsection (a), or of such Code (relating to certain purchases small business entity’ means any domestic ‘‘(C) a failure to make such purchase with- by corporation of its own stock) is amended corporation or partnership if— in such 6-month period, and by adding at the end the following new sub- ‘‘(i) such entity (and any predecessor ‘‘(2) such deficiency may be assessed before paragraph: thereof) had aggregate gross assets (as de- the expiration of such 3-year period notwith- ‘‘(D) WAIVER WHERE BUSINESS PURPOSE.—A fined in section 1202(d)(2)) of less than standing the provisions of any other law or purchase of stock by the issuing corporation $25,000,000 at all times before the issuance of rule of law which would otherwise prevent shall be disregarded for purposes of subpara- the interest described in paragraph (2), and such assessment. graph (B) if the issuing corporation estab- ‘‘(ii) the aggregate gross assets (as so de- ‘‘(g) REGULATIONS.—The Secretary shall lishes that there was a business purpose for fined) of the entity immediately after the prescribe such regulations as may be appro- such purchase and one of the principal pur- issuance (determined by taking into account priate to carry out the purposes of this sec- poses of the purchase was not to avoid the amounts received in the issuance) are less tion, including regulations to prevent the limitation of this section.’’ than $25,000,000. avoidance of the purposes of this section (g) EFFECTIVE DATES.— ‘‘(B) AGGREGATION RULES.—Rules similar to through splitups, shell corporations, partner- (1) IN GENERAL.—Except as provided in the rules of section 1202(d)(3) shall apply for ships, or otherwise and regulations to modify paragraph (2), the amendments made by this purposes of this paragraph. the application of section 1202 to the extent section shall apply to stock issued after the ‘‘(c) ACTIVE BUSINESS REQUIREMENT.— necessary to apply such section to a partner- date of the enactment of this Act. ‘‘(1) IN GENERAL.—For purposes of sub- ship rather than a corporation.’’ section (b)(3), the requirements of this sub- (2) SPECIAL RULE.—The amendments made (b) CONFORMING AMENDMENT.—Paragraph by subsection (c), (e), and (f) shall apply to section are met by a qualified small business (23) of section 1016(a) of the Internal Revenue stock issued after August 10, 1993. entity for any period if— Code of 1986 is amended— ‘‘(A) the entity is engaged in the active SEC. 3. ROLLOVER OF CAPITAL GAINS ON CER- (1) by striking ‘‘or 1044’’ and inserting ‘‘, TAIN SMALL BUSINESS INVEST- conduct of a trade or business, and 1044, or 1045’’, and MENTS. ‘‘(B) at least 80 percent (by value) of the (2) by striking ‘‘or 1044(d)’’ and inserting ‘‘, assets of such entity are used in the active (a) IN GENERAL.—Part III of subchapter O 1044(d), or 1045(e)’’. conduct of a qualified trade or business of chapter 1 of the Internal Revenue Code of (c) CLERICAL AMENDMENT.—The table of (within the meaning of section 1202(e)(3)). 1986 (relating to common nontaxable ex- sections for part III of subchapter O of chap- changes) is amended by adding at the end the Such requirements shall not be treated as ter 1 of the Internal Revenue Code of 1986 is following new section: met for any period if during such period the amended by adding at the end the following ‘‘SEC. 1045. ROLLOVER OF GAIN ON SMALL BUSI- entity is described in subparagraph (A), (B), new item: NESS INVESTMENTS. (C), or (D) of section 1202(e)(4). ‘‘(a) NONRECOGNITION OF GAIN.—In the case ‘‘(2) SPECIAL RULE FOR CERTAIN ACTIVI- ‘‘Sec. 1045. Rollover of gain on small business of the sale of any eligible small business in- TIES.—For purposes of paragraph (1), if, in investments.’’ vestment with respect to which the taxpayer connection with any future trade or busi- (d) EFFECTIVE DATE.—The amendments elects the application of this section, gain ness, an entity is engaged in— made by this section shall apply to taxable from such sale shall be recognized only to ‘‘(A) startup activities described in section years ending after December 31, 1996. the extent that the amount realized on such 195(c)(1)(A), Mr. CLELAND. Mr. President, I rise ‘‘(B) activities resulting in the payment or sale exceeds— this morning, to join my good col- ‘‘(1) the cost of any other eligible small incurring of expenditures which may be business investment purchased by the tax- treated as research and experimental ex- league from Arkansas in support of the payer during the 6-month period beginning penditures under section 174, or Small Business Capital Gains Enhance- on the date of such sale, reduced by ‘‘(C) activities with respect to in-house re- ment Act of 1997. ‘‘(2) any portion of such cost previously search expenses described in section 41(b)(4), Today, our country’s economy is taken into account under this section. such entity shall be treated with respect to more robust and is growing faster than This section shall not apply to any gain such activities as engaged in (and assets used it has in the last decade and maybe which is treated as ordinary income for pur- in such activities shall be treated as used in) even the last several decades. Fos- poses of this subtitle. the active conduct of a trade or business. tering this growth is crucial to sustain ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For Any determination under this paragraph the great and important strides that purposes of this section— shall be made without regard to whether the ‘‘(1) PURCHASE.—The term ‘purchase’ has entity has any gross income from such ac- our economy has made in these past the meaning given such term by section tivities at the time of the determination. years and I believe that this legislation 1043(b)(4). ‘‘(3) CERTAIN RULES TO APPLY.—Rules simi- will go a long way to improving incen- ‘‘(2) ELIGIBLE SMALL BUSINESS INVEST- lar to the rules of paragraphs (5), (6), (7), and tives for investment in small busi- MENT.—Except as otherwise provided in this (8) of section 1202(e) shall apply for purposes nesses. Cutting the capital gains tax in section, the term ‘eligible small business in- of this subsection. this targeted fashion is something that vestment’ means any stock in a domestic ‘‘(d) CERTAIN OTHER RULES TO APPLY.— small businesses have time and again Rules similar to the rules of subsections (f), corporation, and any partnership interest in asked for because they know, as we all a domestic partnership, which is originally (g), (h), and (j) of section 1202 shall apply for issued after December 31, 1996, if— purposes of this section, except that a 6- do, that investing in small businesses ‘‘(A) as of the date of issuance, such cor- month holding period shall be substituted for and providing capital for that invest- poration or partnership is a qualified small a 5-year holding period where applicable. ment creates growth and, more impor- business entity, ‘‘(e) BASIS ADJUSTMENTS.—If gain from any tantly, jobs. ‘‘(B) such stock or partnership interest is sale is not recognized by reason of subsection Small businesses have had a striking (a), such gain shall be applied to reduce (in acquired by the taxpayer at its original issue impact on Georgia’s economy. They are (directly or through an underwriter)— the order acquired) the basis for determining gain or loss of any eligible small business in- vital as job creators, and their diver- ‘‘(i) in exchange for money or other prop- vestment which is purchased by the taxpayer sity and composition provide a work erty (not including stock), or during the 6-month period described in sub- ‘‘(ii) as compensation for services (other force with endless opportunities and section (a). than services performed as an underwriter of are easily the envy of the country. ‘‘(f) STATUTE OF LIMITATIONS.—If any gain Mr. President, according to the SBA, such stock or partnership interest), and is realized by the taxpayer on the sale or ex- ‘‘(C) the taxpayer has held such stock or change of any eligible small business invest- 97.6 percent of the business firms in interest at least 6 months as of the time of ment and there is in effect an election under Georgia are small businesses. Women- the sale described in subsection (a). subsection (a) with respect to such gain, owned businesses have increased 62.7 A rule similar to the rule of section 1202(c)(3) then— percent since 1987. African American shall apply for purposes of this section. ‘‘(1) the statutory period for the assess- owned firms have increased 79.8 percent ‘‘(3) ACTIVE BUSINESS REQUIREMENT.—Stock ment of any deficiency with respect to such between 1987 and 1992. Hispanic firms, in a corporation, and a partnership interest gain shall not expire before the expiration of including part-time businesses, grew in a partnership, shall not be treated as an 3 years from the date the Secretary is noti- eligible small business investment unless, fied by the taxpayer (in such manner as the 184.9 percent in the same period of during substantially all of the taxpayer’s Secretary may by regulations prescribe) of— time. So the impact of this legislation holding period for such stock or partnership ‘‘(A) the taxpayer’s cost of purchasing is huge. These figures are numbers that interest, such corporation or partnership other eligible small business investments corporate investors cannot—cannot—

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4591 ignore, but if section 1202 of the Inter- spected the area in 1840. During the (4) the Band continues to exist and carry nal Revenue Code doesn’t allow them 1800’s, the Burt Lake Band was a signa- out political and social activities with a via- to invest in these small businesses, tory to several Federal treaties, includ- ble tribal government; then I believe we are missing out on far ing the 1836 Treaty of Washington and (5) the Band, along with other Michigan Odawa and Ottawa groups, including the more than the taxes that we collect as the 1855 Treaty of Detroit. These trea- tribes described in paragraph (2), formed the the law is now. We must make certain ties were enacted for the purpose of se- Northern Michigan Ottawa Association in that these investors have every oppor- curing territory for settlement and de- 1948; tunity to become involved in the grow- velopment. (6) the Northern Michigan Ottawa Associa- ing of small businesses. These are the During the mid-1800’s, the Federal tion subsequently submitted a successful ideal investors, they recognize that, Government turned over to the State land claim with the Indian Claims Commis- and so should we, Mr. President. of Michigan annuity moneys on the sion; I wish to add support to my col- Band’s behalf in order to purchase (7) during the period between 1948 and 1975, the Band carried out many governmental league’s comments that across-the- land. This land was later lost by the functions through the Northern Michigan board cuts, while they may sound won- Band through tax sales, although trust Ottawa Association, and at the same time derful, can in fact have a negative im- land is nontaxable. The Band was sub- retained control over local decisions; pact toward small businesses as they sequently evicted from their village. In (8) in 1935, the Band submitted a petition compete with big businesses for invest- 1911, the Federal Government brought under the Act of June 18, 1934 (commonly re- ment dollars. It is important to main- a claim on behalf of Burt Lake against ferred to as the ‘‘Indian Reorganization tain the differences between small the State of Michigan. The autono- Act’’) (48 Stat. 984 et seq., chapter 576; 25 business and big business capital gains mous existence of the Band at this U.S.C. 461 et seq.), to form a government on behalf of the Band; taxes. Making adjustment in the stage is clear. (9) in spite of the eligibility of the Band to present law and fine tuning where Although the Band has never had its form a government under the Act referred to needed is smarter, in my opinion, than Federal status legally terminated, the in paragraph (8), the Bureau of Indian Affairs the alternatives of wide ranging or all Bureau of Indian Affairs since the failed to act on the petition referred to in encompassing legislative action. 1930’s has not accorded the Band that that paragraph; and This is an affordable tax cut and one status nor treated the Band as a feder- (10) from 1836 to the date of enactment of that puts important capital dollars in ally recognized tribe. The Burt Lake this Act, the Federal Government, the gov- the coffers of the men and women of Band, as well as the other tribes lo- ernment of the State of Michigan, and polit- this country who are creating jobs, cre- cated in Michigan’s lower peninsula ical subdivisions of the State have had con- tinuous dealings with the recognized polit- ating economic opportunity, and giving were improperly denied the right to re- ical leaders of the Band. hope to the country and I believe hope organize under the terms of the Indian SEC. 3. DEFINITIONS. to our great future. I believe many of Reorganization Act of 1934 even though In this Act: our colleagues will join us in our com- they were deemed eligible to do so by (1) BAND.—The term ‘‘Band’’ means the mitment to the small businesses of this the Indian Service at that time. Burt Lake Band of Ottawa and Chippewa In- country. I thank my friend from the My Michigan colleague, Congressman dians. wonderful State of Arkansas for his DALE KILDEE, has sponsored a similar (2) MEMBER.—The term ‘‘member’’ means leadership and the opportunity to par- piece of legislation. I look forward to any individual enrolled in the Band pursuant ticipate here with him this morning. the consideration of this legislation by to section 7. (3) SECRETARY.—The term ‘‘Secretary’’ This is a great opportunity that I look the respective committees in both the means the Secretary of the Interior. Senate and the House and its enact- forward to supporting. SEC. 4. FEDERAL RECOGNITION. Mr. President, I yield the floor and ment into law. I also ask unanimous (a) FEDERAL RECOGNITION.—Congress reaf- any time that may remain. consent that a copy of this bill be firms the Federal recognition of the Burt printed in the RECORD. Lake Band of Ottawa and Chippewa Indians. By Mr. LEVIN: There being no objection, the bill was (b) APPLICABILITY OF FEDERAL LAWS.—Each S. 746. A bill to reaffirm and clarify ordered to be printed in the RECORD, as provision of Federal law (including any regu- the Federal relationship of the Burt follows: lation) of general application to Indians or Indian nations, tribes, or bands, including Lake Band as a distinct federally rec- S. 746 ognized Indian tribe, and for other pur- the Act of June 18, 1934 (commonly referred Be it enacted by the Senate and House of Rep- to as the ‘‘Indian Reorganization Act’’) (48 poses; to the Committee on Indian Af- resentatives of the United States of America in fairs. Stat. 984 et seq., chapter 576; 25 U.S.C. 461 et Congress assembled, seq.), that is inconsistent with any specific THE BURT LAKE BAND OF OTTAWA AND SECTION 1. SHORT TITLE. provision of this Act shall not apply to the CHIPPEWA INDIANS ACT This Act may be cited as the ‘‘Burt Lake Band or any of its members. Mr. LEVIN. Mr. President, I rise Band of Ottawa and Chippewa Indians Act’’. (c) FEDERAL SERVICES AND BENEFITS.— today to introduce a bill to reaffirm SEC. 2. FINDINGS. (1) IN GENERAL.— the Federal recognition of the Burt Congress finds that— (A) IN GENERAL.—The Band and its mem- Lake Band of Ottawa and Chippewa In- (1) the Burt Lake Band of Ottawa and bers shall be eligible for all services and ben- dians. This legislation will reestablish Chippewa Indians are descendants and polit- efits provided by the Federal Government to ical successors to the signatories of the trea- Indians because of their status as federally the government-to-government rela- ty between the United States and the Ottawa recognized Indians. tions of the United States and the Burt and Chippewa nations of Indians at Wash- (B) SERVICES AND BENEFITS.—Notwith- Lake Band. This is the same legislation ington, D.C. on March 28, 1836 (7 Stat. 491 et standing any other provision of law, the which I introduced last Congress and seq.), and the treaty between the United services and benefits referred to in subpara- which was originally introduced in the States and the Ottawa and Chippewa Indians graph (A) shall be provided after the date of 103d Congress by my friend and col- of Michigan at Detroit on July 31, 1855 (11 enactment of this Act to the Band and its league, Senator Donald Riegle. Stat. 621 et seq.); members without regard to— Federal recognition for Burt Lake is (2) the Grand Traverse Band of Ottawa and (i) whether an Indian reservation exists for vitally important for a variety of rea- Chippewa Indians, the Sault Ste. Marie Tribe the Band; or of Chippewa Indians, and the Bay Mills Band (ii) the location of the residence of any sons. With this process completed the of Chippewa Indians, whose members are also member on or near an Indian reservation. Band can move on to the tasks of im- descendants of the signatories to the treaties (2) SERVICE AREAS.— proving the economic and social wel- referred to in paragraph (1), have been recog- (A) IN GENERAL.—For purposes of the deliv- fare of its people. More important how- nized by the Federal Government as distinct ery of Federal services to the enrolled mem- ever, passage of this legislation will Indian tribes; bers of the Band, the area of the State of clarify that the Burt Lake Band is a (3) the Burt Lake Band of Ottawa and Michigan within a 70-mile radius of the historically independent tribe. Chippewa Indians consists of over 650 eligible boundaries of the reservation for the Burt The Band is named after Burt Lake, members who continue to reside close to Lake Band, as set forth in the seventh para- their ancestral homeland as recognized in graph of Article I of the treaty between the a small inland lake about 20 miles the reservations of lands under the treaties United States and the Ottawa and Chippewa south of the straits of Mackinac. The referred to in paragraph (1) in the area that Indians of Michigan, done at Detroit on July Band already had deep roots in the is currently known as Cheboygan County, 31, 1855 (11 Stat. 621 et seq.), shall be deemed area when a surveyor named Burt in- Michigan; to be within or near an Indian reservation.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4592 CONGRESSIONAL RECORD — SENATE May 15, 1997 (B) EFFECT OF ESTABLISHMENT OF AN INDIAN laws pursuant to subsection (a), the Band What does the United States get out RESERVATION AFTER THE DATE OF ENACTMENT shall conduct elections by secret ballot for of all this? American companies get to OF THIS ACT.—If an Indian reservation is es- the purpose of electing officials for the Band compete on fair and equal terms with tablished for the Band after the date of en- as provided in the governing constitution of their foreign rivals. actment of this Act, subparagraph (A) shall the Band. The elections shall be conducted Let me emphasize again: MFN status continue to apply on and after the date of according to the procedures described in the the establishment of that reservation. governing constitution and bylaws of the does not confer—let alone imply—spe- (C) PROVISION OF SERVICES AND BENEFITS Band. cial treatment. OUTSIDE THE SERVICE AREA.—Unless prohib- (2) INTERIM GOVERNMENTS.—Until such In fact, when we decide to give spe- ited by Federal law, the services and benefits time as the Band elects new officials under cial treatment to imports from other referred to in paragraph (1) may be provided paragraph (1), the governing bodies of the countries—as Congress has expressly to members outside the service area de- Band shall include each governing body of chosen to do for certain products from scribed in subparagraph (A). the Band in effect on the date of the enact- over 130 nations—those imports are SEC. 5. REAFFIRMATION OF RIGHTS. ment of this Act, or any succeeding gov- subject to tariff rates substantially (a) IN GENERAL.—To the extent consistent erning body selected under the election pro- below the MFN rate. Sometimes we with the reaffirmation of the recognition of cedures specified in the applicable interim even allow specified countries to ex- governing documents of the Band. the Band under section 4(a), all rights and port products to the United States privileges of the Band and its members, which may have been abrogated or dimin- By Mr. ROTH (for himself, Mr. duty free. ished before the date of enactment of this MOYNIHAN, Mr. CHAFEE, Mr. In short, MFN status denotes the Act, are reaffirmed. GRAHAM, Mr. HATCH, Ms. standard, not the exceptional, trading (b) EXISTING RIGHTS OF TRIBE.—Nothing in MOSELEY-BRAUN, Mr. GRASS- relationship. Ending this standard this Act may be construed to diminish any LEY, Mr. BAUCUS, Mr. GRAMM, trading relationship by revoking MFN right or privilege of the Band or its members Mr. CONRAD, Mr. NICKLES, Mr. is an extreme measure. In fact, because that existed before the date of enactment of MFN is so fundamental to trade rela- this Act. Except as otherwise specifically BREAUX, Mr. JEFFORDS, Mr. BRYAN, Mr. ROCKEFELLER, Mr. tions among countries, some correctly provided, nothing in this Act may be con- liken its withdrawal to a declaration of strued as altering or affecting any legal or KERREY, Mr. MURKOWSKI, Mr. equitable claim the Band may have to en- D’AMATO, and Mr. LOTT): economic war. force any right or privilege reserved by or S. 747. A bill to amend trade laws and Because of the confusion created by granted to the Band that was wrongfully de- related provisions to clarify the des- the phrase, ‘‘most-favored-nation trad- nied to the Band or taken from the Band be- ignation of normal trade relations; to ing status,’’ Senator MOYNIHAN and I fore the date of enactment of this Act. the Committee on Finance. and virtually all the Members of the SEC. 6. TRIBAL LANDS. Finance Committee have agreed to in- NORMAL TRADE RELATIONS LEGISLATION The tribal lands of the Band shall consist Mr. ROTH. Mr. President, I rise troduce legislation to replace the of all real property held by, or in trust for, today to introduce a bill to clarify the phrase wherever appropriate in U.S. the Band. The Secretary shall acquire real trade law with a more suitable term— property for the Band. Any property ac- meaning of the term, ‘‘most-favored- nation trading status.’’ I do so because ‘‘normal trade relations’’—a term that quired by the Secretary pursuant to this sec- underscores the unexceptional nature tion shall be held in trust by the United the term gives the false impression States for the benefit of the Band and shall that MFN is some sort of special privi- of the MFN concept. I believe that if become part of the reservation of the Band. lege or reward. we adopt this legislation, we will all SEC. 7. MEMBERSHIP. In fact, MFN is not a special privi- better understand the issue, and our (a) IN GENERAL.—Not later than 18 months lege or reward. It designates the most discussions on extending normal trade after the date of enactment of this Act, the ordinary, most normal trading rela- relations to various countries will be Band shall submit to the Secretary a mem- tionship among countries. Since the more constructive. bership roll consisting of all individuals cur- founding of our Republic, the principle It should be clear to our trading part- rently enrolled for membership in the Band of nondiscrimination embodied in MFN ners that creating this new term will at the time of the submission of the member- has served as the cornerstone of U.S. not alter our international rights and ship roll. obligations. Rather, in choosing the (b) QUALIFICATIONS.—The Band shall, in international trade policy. consultation with the Secretary, determine, In its most basic trade application, term ‘‘normal trade relations’’ we aim pursuant to applicable laws (including ordi- this principle requires a country to to describe more accurately the non- nances) of the Band, the qualifications for apply the same tariff duty rate on a discriminatory principles underlying including an individual on the membership particular product from one country as U.S. trade law and policy. roll. it applies to imports of the same prod- Last year, similar legislation passed (c) PUBLICATION OF NOTICE.—The Secretary uct from all other countries. the Senate unanimously. I ask my col- shall publish notice of receipt of the mem- For example, if the U.S. tariff on im- leagues to do the same again this year. bership roll in the Federal Register as soon ported clock radios is 5 percent, all Mr. MOYNIHAN. Mr. President, I am as practicable after receiving the member- clock radios imported from countries pleased to join once again with the dis- ship roll pursuant to subsection (a). tinguished Chairman of the Finance (d) MAINTENANCE OF ROLL.—The Band shall with MFN status are subject to a 5-per- maintain the membership roll of the Band cent tariff. Imports from countries Committee, Senator ROTH, to reintro- prepared pursuant to this section in such that do not have MFN status—and duce legislation that will, we believe, manner as to ensure that the membership there are only six countries that fall help to dispel the fog that sometimes roll is current. into this category—are subject to far shrouds our discussions of trade policy. SEC. 8. CONSTITUTION AND GOVERNING BODY. higher duty rates. This bill would, simply and directly, (a) CONSTITUTION.— Another important point about MFN replace the term ‘‘most favored na- (1) ADOPTION.—Not later than 2 years after is that it is not a one-way street. When tion’’ with the phrase ‘‘normal trade the date of enactment of this Act, the Sec- we give MFN status to a particular relations’’—a more accurate, less mud- retary shall conduct, by secret ballot, elec- country, that country, in return, gives dled phrase that better describes this tions for the purpose of adopting a new con- fundamental principle of trade policy. stitution for the Band. The elections shall be the United States most-favored-nation held according to the procedures applicable status. The concept is well established. It to elections under section 16 of the Act of Therefore, because we give Singapore has been traced by historians to the June 18, 1934 (commonly referred to as the MFN status, the clock radios we im- 13th century. More particularly, to a ‘‘Indian Reorganization Act’’) (48 Stat. 987, port from that country are subject to clause in the treaty of November 8, chapter 576; 25 U.S.C. 476). the same tariff rates as clock radios 1226, in which the Emperor Frederick II (2) INTERIM GOVERNING DOCUMENTS.—Until from Thailand, Spain, or any other conceded to the city of Marseilles the such time as a new constitution is adopted country to which we extend MFN. privileges previously granted to the under paragraph (1), the governing docu- In return, when Singapore imports citizens of Pisa and of Genoa. Not ments in effect on the date of enactment of our computer chips, it imposes the this Act shall be the interim governing docu- greater privileges, but merely the same ments for the Band. same tariff on United States chips as as had been extended to others. (b) OFFICIALS.— those imported from Japan, Korea, The term itself—‘‘most favored na- (1) ELECTIONS.—Not later than 180 days Great Britain, or any other country to tion’’—dates to the end of the 17th cen- after the Band adopts a constitution and by- which it extends MFN. tury. And has been nearly as long a

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4593 cornerstone of American trade policy. We have free-trade arrangements with that we called the MFN nondiscrimina- Since the 18th century, our trade pol- Canada, Israel, and Mexico that call for tion concept by a term that more accu- icy has been grounded on the principle the complete elimination of tariffs. We rately represents its meaning. of nondiscrimination: the vast major- have eliminated tariffs on certain im- Therefore, today my colleagues and I ity of our trading partners receive ports from developing countries under are introducing this bill to amend U.S. treatment equal to the treatment we the Generalized System of Preferences, law, where appropriate, to replace the give every other trading partner. In no from Caribbean nations under the Car- term ‘‘MFN’’ with the term ‘‘NTR’’; sense can this fairly be characterized ibbean Basin Initiative and from Ande- normal trade relations. From this as most favored treatment; rather it is an countries under the Andean Trade point on, we will discuss legislation the treatment that we normally accord Preferences Act. The tariff rates under and hold debate on the nondiscrimina- our trading partners. these regimes are, in all cases, lower tion concept using the term ‘‘NTR’’ in And yet we continue to use that 17th than what we now call our most-fa- place of MFN. century term in treaties and agree- vored-nation tariff rates. Hence the Will the concept of MFN remain the ments, in executive orders and in trade confusion, and hence the need to find a same? Yes. Are we signalling a change laws, a term that, even at the begin- more apt phrase. in domestic policy, or modifying our ning, was a misnomer. There is, Mr. Mr. President, this legislation will be international obligations in any way? President, no single most favored na- familiar to most of my colleagues. The No. But we are making perfectly clear tion. There never really was. identical bill was introduced in the to everyone the true meaning and pur- As noted in a 1919 report to the Con- 104th Congress with the cosponsorship pose of this centuries-old concept. And gress by the United States Tariff Com- of the entire Finance Committee and it it is my hope that our legislation will mission, known today as the United passed the Senate by unanimous con- result in a better understanding of States International Trade Commis- international trade relations, both here sion: sent. I expect that we will be able to repeat that victory in the 105th Con- in the Congress and in the eyes of the It is neither the purpose nor the effect of the most-favored-nation clause to establish a gress, and I hope that we can do so public. ‘‘most favored nation’’; on the contrary its promptly. Last year, Senators ROTH, MOYNIHAN, use implies the intention that the maximum Let me underscore that this legisla- and I introduced a virtually identical of advantages which either of the parties to tion in no way alters the bedrock prin- bill, again with the support of Finance a treaty has extended or shall extend to any ciples of equal treatment or non- Committee members. That bill sailed third State—for the moment the ‘‘most-fa- discrimination. It merely drops an out- through the Senate unanimously, and vored’’—shall be given or be made accessible dated term in favor of one that ought was sent to the House of Representa- to the other party. to help make our trade policy more tives. However, the house was not able That is, the most favored nation is comprehensible to the American pub- to act on the bill prior to the date of not the nation with which we are nego- lic. adjournment of the 104th Congress. It tiating, but rather a third nation alto- Mr. CHAFEE. Mr. President, today is my hope that by introducing this bill gether that happens to benefit at the Senators ROTH, MOYNIHAN, and I, along tody, there will be more than enough moment from lower tariffs or other with others on the Finance Committee, time this year to move the measure preferences with respect to some par- are introducing legislation to clarify through both chambers and send it to ticular product. The most-favored-na- the meaning of most favored nation tion principle means merely that we the President for his signature. I there- [MFN] trading status—a change I have will grant to our negotiating partner fore urge swift consideration of our leg- the same terms that we have given to advocated for some time. islation by the Senate. Over the past few years, MFN has that third country, for the moment gained notoriety as a special favor that By Mr. BINGAMAN (for himself, more favored. Mrs. HUTCHISON, Ms. MIKULSKI, Little wonder, then, that the term the U.S. grants to other nations. Not Mr. BUMPERS, Ms. COLLINS, and has created confusion. And yet we true. Indeed, MFN is a misnomer if Mr. ROBB): must continue to discuss the concept there ever was one. S. 748. A bill to provide for college af- for the simple reason that there exists Rather, MFN refers to a centuries-old fordability and high standards; to the still, in U.S. law, a very unfavorable concept used by all trading nations— Committee on Labor and Human Re- tariff—the Smoot-Hawley tariff (stem- the concept that no nation shall be ming from the 1930 act of the same granted trade treatment less favorable sources. name). This was the last tariff schedule than that granted to the most-favored- THE COLLEGE AFFORDABILITY AND HIGH enacted line-by-line by the Congress nation. In other words, no playing fa- STANDARDS ACT OF 1997 and it produced the highest tariff rates, vorites! Every nation is to receive Mr. BINGAMAN. Mr. President, dur- overall, in our history. It is still on the equal treatment when it comes to the ing the last few years, many of us have books, though it applies only to a terms of trade. been trying to figure out how to solve handful of countries. Thus, the MFN concept represents some of the troubling questions sur- In response to the disaster that fol- the lowest common denominator of rounding public education. These lowed enactment of the Smoot-Hawley trade status. issues include two core questions, one tariff, which, at the time applied to all Over the centuries, this simple non- about inadequate academic standards of our trading partners, Congress au- discrimination concept came to be and the the other about the sky- thorized the Roosevelt administration known as most favored nation status. rocketing cost of going on to college. to negotiate a series of trade agree- Frankly, that is unfortunate. That par- What can we do to improve the ments aimed at reducing tariffs world- ticular terminology has fostered the standards of academic performance in wide. These efforts culminated in a se- mistaken view that MFN is a special our schools and, how can we make col- ries of trade agreements with indi- treatment granted only to a privileged lege more affordable to more of our vidual countries, and ultimately paved few. Yet just the opposite is true: MFN, students? the way for a series of broad multilat- as the basic trading status between na- One very straightforward answer is eral negotiations under the auspices of tions, is granted to virtually all na- to expand the number of advanced the General Agreement on Tariffs and tions with whom the U.S. trades. The placement courses taught in our Trade that reduced American tariffs, exceptions can almost be counted on schools and to increase the number of just as they slashed tariffs worldwide. one hand: Serbia, Laos, Afghanistan, students who have the opportunity to These much lower tariff rates are the Vietnam, Cuba, and North Korea. take those courses. tariffs that we call our most-favored- In sum, while the concept of MFN is Let me briefly describe what an ad- nation tariff rates and they apply, in sound, the term used to denote that vanced placement, or AP, course really fact, to the vast majority of countries. concept is misleading and has resulted is. The AP program is a set of college- They are thus the norm, and not in any in a good deal of mischief—a fact that level courses that are usually taught to way more favorable tariffs. Senators MOYNIHAN and I have la- high school juniors and seniors for col- They are, indeed, not the lowest tar- mented often during Senate Finance lege credit. They are taken on a vol- iff rates that the United States applies. Committee hearings. It is high time untary basis. These courses are now

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4594 CONGRESSIONAL RECORD — SENATE May 15, 1997 taught in a majority of our high As a result of this growth, the AP designed to accommodate the variety schools. They use locally developed program is the most widely accepted of programs that States have designed. materials. However, the year-end AP program of high academic standards in At its core, the bill focuses on sup- exams are evaluated on a uniform the nation. porting State programs that help in- basis, making test scores comparable THE BENEFITS OF PARTICIPATING IN AP crease AP participation among under- nationwide. Overall, there are 30 dif- Participation is skyrocketing and served groups of students, and helping ferent AP courses, although most stu- States are spending funds on AP large- pay for part of the AP test fees for low- dents take them in the areas of math ly because of the benefits of the pro- income students. and history and science and English. gram: In addition, it would help make AP Today, I rise to introduce the College AP test scores of 3 or better are valu- programs a part of other federal edu- Affordability and High Standards Act able because they are accepted for cation initiatives, encouraging States of 1997, which is also being cosponsored credit at nearly 3,000 colleges and uni- and districts to use education tech- by Senators HUTCHISON, MIKULSKI, versities nationwide. nology and teacher training funds to BUMPERS and COLLINS. This legislation AP programs raise academic stand- provide AP courses to underserved will allow thousands of additional high ards in schools and improve students’ areas. school students to participate in AP academic performance in college. Several Star Schools and State Ei- courses. The bill focuses on low-income For students who plan to go directly senhower Program grantees are al- and minority students who often at- to work, AP programs provide a world- ready taking this approach, with tre- tend school in less affluent or in iso- class education with high-level skills mendous success being reported. lated areas. that can be easily compared among CONCLUSION I am introducing this bill based in prospective job candidates. Let me conclude by pointing out that part on several recent visits to New GROWTH IN MINORITY PARTICIPATION this approach has a long, bipartisan Mexico high schools, where I learned Largely as a result of the 23 State AP history, and was originally advocated that what students want is more well- incentive programs, overall participa- by Members including Senators STE- trained teachers. They are asking for tion and in particular the number of VENS, Kassebaum, and Seymour, as more challenging academic work. In minority participants have increased well as Congressmen CUNNINGHAM, my home State, in schools like West tremendously: GOODLING, OWENS, BECERRA, and MIL- Mesa High School in Albuquerque and The overall number of exams taken LER. Las Cruces High School, AP students by minorities has increased to over Having seen from New Mexico’s expe- told me they never thought they could 200,000 students in 1996—an increase of rience what tremendous good can come succeed in classes that are this chal- 36,000 students—21 percent—in just 2 out of even a small investment in AP lenging. There is great satisfaction and years. incentives. pride, evidenced by their ability to suc- Minority participation in the New For these reasons, I urge my col- ceed. Mexico program increased 74 percent leagues to consider the many benefits While it may seem new, this is not an for Hispanic students and 950 percent of this approach and support this legis- entirely new approach to raising aca- for native Americans from 1994 to 1996. lation and the $6 million appropria- demics and lowering college costs. In Participation among Hispanics in tions request for 1998 that has already fact, we have had legislation proposed Texas nearly tripled over the last 4 been made by the administration. before by Senator Kassebaum and a bi- years, from under 2,000 students to over Mr. President, I encourage my col- partisan group of other Members, 5,000. leagues to support this legislation as which became law in 1992 and is still in These figures are showing us that the session proceeds. effect. We are just building on this ap- low-income and underserved students Mr. President, I ask unanimous con- proach. In addition, Secretary Riley, have the same ability to meet the aca- sent that the text of the bill be printed the late President of the AFT Al demic challenge and the same need to in the RECORD. Shanker, and Boston Schools Super- lower college costs. There being no objection, the bill was intendent Tom Payzant have spoken STATE PROGRAMS ordered to be printed in the RECORD, as out on this. follows: Most importantly, 23 States today Each of the States trying to increase provide some type of incentive pro- AP participation does it a little bit dif- S. 748 gram to encourage more AP participa- ferently, with annual budgets that Be it enacted by the Senate and House of Rep- tion. I have a chart I want to show my range from $50,000 to over $2 million. resentatives of the United States of America in Congress assembled, colleagues to make the point, which Some States focus more on training shows where there are initiatives to more AP teachers, some on helping SECTION 1. SHORT TITLE. schools with start-up funding for new This Act may be cited as the ‘‘College Af- promote AP instruction. fordability and High Standards Act of 1997’’. The States in white do not have an classes and labs, and others on sub- sidizing part of the AP test fee for SEC. 2. FINDINGS AND PURPOSES. incentive program in place. We need to (a) FINDINGS.—Congress finds that— supplement the 23 States listed on this some students. However, despite the growing number (1) far too many students are not being map with AP programs in the other 27 provided sufficient academic preparation in States, and we need to have every of State programs, AP programs are secondary school, which results in limited State in the Union promoting more ad- still often distributed unevenly among employment opportunities, college dropout vance placement courses. In essence, regions, States, and even among high rates of over 25 percent for the first year of that is the purpose of this legislation. schools in the same districts. college, and remediation for almost one- There is a long-outdated myth that I Some States like Texas are quickly third of incoming college freshmen; want to address very briefly about catching up to the rising national par- (2) there is a growing consensus that rais- ing academic standards, establishing high what type of students take these AP ticipation rate by dedicating a signifi- cant amount of consistent State fund- academic expectations, and showing con- courses. There has been in the past the crete results are at the core of improving impression that AP courses are only ing. public education; for the elite. The truth is, more and Meanwhile, other States such as New (3) modeling academic standards on the more students from minority groups Mexico are struggling to keep up, with well-known program of advanced placement from various backgrounds are taking relatively small annual budgets that courses is an approach that many education AP courses today, as this chart shows, rise and fall each year. leaders and almost half of all States have en- with out a decrease in rigor or quality. WHAT THE LEGISLATION DOES dorsed; Roughly 1.5 million students partici- The legislation I am introducing (4) advanced placement programs already pated—80 percent from public schools, today will both help the remaining are providing almost 30 different college- level courses, serving almost 60 percent of all 55 percent female, and 30 percent mi- States start new programs and help the secondary schools, reaching a 1,500,000 stu- nority. States that are already involved con- dent population (of which 80 percent attend Almost 60 percent of all high schools tinue and expand their efforts. public schools, 55 percent are females, and 30 offered AP courses, and over 800,000 To help expand access to these percent are minorities), and providing test exams were taken. courses more evenly, this legislation is scores that are accepted for college credit at

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almost 3,000 colleges and universities, every (B) PAYMENTS.—The Secretary shall make (A) shall distribute to secondary school university in Germany, France, and Austria, grant payments under this section on an an- counselors or advanced placement coordina- and most institutions in Canada and the nual basis. tors in the State information with respect to United Kingdom; (3) DEFINITION OF ELIGIBLE ENTITY.—In this the amount and type of academic credit pro- (5) 24 States are now funding programs to section, the term ‘‘eligible entity’’ means a vided to students at the institution of higher increase participation in advanced place- State educational agency, or in the case of a education for advanced placement test ment programs, including 19 States that pro- State for which the State educational agen- scores; and vide funds for advanced placement teacher cy does not receive a grant under this sec- (B) shall standardize, not later than 4 professional development, 3 States that re- tion, a local educational agency in the State. years after the date of enactment of this quire that advanced placement courses be of- (b) PRIORITY.—In awarding grants under Act, the form and manner in which the infor- fered, 10 States that pay the fees for ad- this section the Secretary shall give priority mation described in subparagraph (A) is dis- vanced placement tests for some or all stu- to eligible entities submitting applications seminated by the various departments, of- dents, and 4 States that require that their under subsection (d) that demonstrate— fices, or other divisions of the institution of universities grant uniform academic credit (1) a pervasive need for access to advanced higher education. for scores of 3 or better on advanced place- placement incentive programs; (b) STATE AND LOCAL INITIATIVES.— (2) the involvement of business and com- ment tests; and (1) JAVITS GIFTED AND TALENTED STU- munity organizations in the activities to be (6) the State programs described in para- DENTS.—Section 10205(a) of the Elementary graph (5) have shown the responsiveness of assisted; and Secondary Education Act of 1965 (20 schools and students to such programs, (3) a focus on developing or expanding ad- U.S.C. 8035(a)) is amended— raised the academic standards for both stu- vanced placement programs and participa- (A) in paragraph (1), by striking ‘‘and’’ dents participating in such programs and tion in the core academic areas of English, after the semicolon; mathematics, and science; and other children taught by teachers who are (B) in paragraph (2), by striking the period (4) the availability of matching funds from involved in advanced placement courses, and and inserting ‘‘; and’’; and State or local sources. shown tremendous success in increasing en- (C) by adding at the end the following: (c) AUTHORIZED ACTIVITIES.—An eligible en- rollment, achievement, and minority partici- tity may use grant funds under this section ‘‘(3) to programs and projects for gifted and pation in advanced placement programs. to expand access for low-income individuals talented students that build on or otherwise (b) PURPOSES.—The purposes of this Act to advanced placement incentive programs incorporate advanced placement courses and are— that involve— tests.’’. (1) to encourage more of the 600,000 stu- (1) teacher training; (2) UPWARD BOUND PROGRAM.—Section 402C dents who take advanced placement courses (2) preadvanced placement course develop- of the Higher Education Act of 1965 (20 U.S.C. but do not take advanced placement exams ment; 1070a–13) is amended by adding at the end the each year to demonstrate their achievements (3) curriculum coordination and articula- following: through taking the exams; tion between grade levels that prepares stu- ‘‘(f) PRIORITY.—The Secretary shall give (2) to build on the many benefits of ad- dents for advanced placement courses; priority in awarding grants under this sec- vanced placement programs for students, (4) curriculum development; and tion to upward bound projects that focus on which benefits may include the acquisition (5) any other activity related to expanding increasing secondary school student partici- of skills that are important to many employ- access to and participation in advanced pation and success in advanced placement ers, Scholastic Aptitude Tests (SAT) scores placement incentive programs for low-in- courses.’’. that are 100 points above the national aver- come individuals. (3) EISENHOWER PROFESSIONAL DEVELOP- ages, and the achievement of better grades (d) APPLICATION.—Each eligible entity de- MENT.— than the grades of students who have not siring a grant under this section shall sub- (A) FEDERAL ACTIVITIES.—Section 2101 of participated in the programs; mit an application to the Secretary at such the Elementary and Secondary Education (3) to support State and local efforts to time, in such manner, and accompanied by Act of 1965 (20 U.S.C. 6621) is amended by add- raise academic standards through advanced such information as the Secretary may re- ing at the end the following: placement programs, and thus further in- quire. ‘‘(c) PRIORITY.—The Secretary shall give (e) SPECIAL RULE.—The Secretary shall crease the number of students who partici- priority in awarding grants and entering award a grant under this section for a fiscal pate and succeed in advanced placement pro- into contracts and cooperative agreements year only if the College Board expends for grams; under this part to activities that involve the College Board Fee Assistance Program (4) to increase the availability and broaden training in advanced placement instruc- for the fiscal year at least the amount of tion.’’. the range of schools that have advanced funds the College Board expended for the placement programs, which programs are (B) STATE AND LOCAL ACTIVITIES.—Section program for the preceding fiscal year. 2207 of the Elementary and Secondary Edu- still often distributed unevenly among re- (f) DATA COLLECTION AND REPORTING.— cation Act of 1965 (20 U.S.C. 6647) is amend- gions, States, and even secondary schools (1) DATA COLLECTION.—Each eligible entity ed— within the same school districts, while also receiving a grant under this section shall an- (i) in paragraph (12), by striking ‘‘and’’ increasing and diversifying student partici- nually report to the Secretary— pation in the programs; (A) the number of advanced placement after the semicolon; (5) to build on the State programs de- tests taken by students served by the eligi- (ii) in paragraph (13), by striking the pe- scribed in subsection (a)(5) and demonstrate ble entity; riod and inserting ‘‘; and’’; and that larger and more diverse groups of stu- (B) the scores on the advanced placement (iii) by adding at the end the following: dents can participate and succeed in ad- tests; and ‘‘(14) providing professional development vanced placement programs; and (C) demographic information regarding in- activities involving training in advanced (6) to provide access to advanced place- dividuals taking the advanced placement placement instruction.’’. ment courses for secondary school juniors at tests. (4) TECHNOLOGY.— schools that do not offer advanced placement (2) REPORT.—The Secretary shall annually (A) STAR SCHOOLS.—Section 3204 of the Ele- programs, increase the rate of secondary compile the information received from each mentary and Secondary Education Act of school juniors and seniors who participate in eligible entity under paragraph (1) and re- 1965 (20 U.S.C. 6894) is amended by adding at advanced placement courses to 25 percent of port to Congress regarding the information. the end the following: the secondary school student population, and (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) ADVANCED PLACEMENT INSTRUCTION.— increase the numbers of students who receive There are authorized to be appropriated to Each eligible entity receiving funds under advanced placement test scores for which carry out this section $25,000,000 for fiscal this part is encouraged to deliver advanced college academic credit is awarded. year 1998, and such sums as may be necessary placement instruction to underserved com- for each of the 4 succeeding fiscal years. munities.’’. SEC. 3. ADVANCED PLACEMENT DEMONSTRA- SEC. 4. ADDITIONAL PRIORITIES FOR ADVANCED (B) EDUCATION TECHNOLOGY GRANTS.—Sub- TION PROGRAM GRANTS. PLACEMENT. part 2 of part A of title III of the Elementary (a) GRANTS AUTHORIZED.— (a) STUDENT INCENTIVES.— and Secondary Education Act of 1965 (20 (1) IN GENERAL.—Subject to subsection (e) (1) BYRD SCHOLARSHIPS.—Section 419G(a) of U.S.C. 6841 et seq.) is amended— and from amounts appropriated under the the Higher Education Act of 1965 (20 U.S.C. (i) in section 3134 (20 U.S.C. 6844)— authority of subsection (g) for a fiscal year, 1070d–37(a)) is amended by adding at the end (I) in paragraph (5), by striking ‘‘and’’ after the Secretary shall award grants, on a com- the following: ‘‘The criteria shall take into the semicolon; petitive basis, to eligible entities for the fis- consideration participation and performance (II) in paragraph (6), by striking the period cal year to enable the eligible entities to in advanced placement courses.’’. and inserting ‘‘; and’’; and carry out the authorized activities described (2) DISSEMINATION OF ADVANCED PLACEMENT (III) by adding at the end the following: in subsection (c). INFORMATION.—Each institution of higher ‘‘(7) providing education technology for ad- (2) DURATION AND PAYMENTS.— education receiving Federal funds for re- vanced placement instruction.’’; and (A) DURATION.—The Secretary shall award search or for programs assisted under the (ii) in section 3136(c) (20 U.S.C. 6846(c))— a grant under this section for a period of 3 Higher Education Act of 1965 (20 U.S.C. 1001 (I) in paragraph (4), by striking ‘‘and’’ after years. et seq.)— the semicolon;

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(II) in paragraph (5), by striking the period ‘‘(e) SPECIAL RULES.— ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘; and’’; and ‘‘(1) REMAINING FUNDS.—If any funds au- There are authorized to be appropriated to (III) by adding at the end the following: thorized to be appropriated under the au- carry out this section $6,000,000 for fiscal ‘‘(6) the project will use education tech- thority of subsection (j) for a fiscal year re- year 1998 and such sums as may be necessary nology for advanced placement instruc- main available after the Secretary awards for each of the 4 succeeding fiscal years.’’. tion.’’. grants to State educational agencies under SEC. 6. DEFINITIONS. SEC. 5. ADVANCED PLACEMENT TEST FEE RE- this section for the fiscal year, then the Sec- In this Act: DUCTION PROGRAM. retary shall use the remaining funds to (1) ADVANCED PLACEMENT INCENTIVE PRO- Part G of title XV of the Higher Education award grants under this section for the suc- GRAM.—The term ‘‘advanced placement in- Amendments of 1992 (20 U.S.C. 1070a–11 note) ceeding fiscal year. centive program’’ means a program that pro- is amended to read as follows: ‘‘(2) MAINTENANCE OF EFFORT.—The State vides advanced placement activities and ‘‘PART G—ADVANCED PLACEMENT TEST educational agency, in utilizing the proceeds services to low-income individuals. FEE REDUCTION PROGRAM of a grant received under this section, shall (2) ADVANCED PLACEMENT TEST.—The term ‘‘SEC. 1545. ADVANCED PLACEMENT TEST FEE RE- maintain the expenditures of the State edu- ‘‘advanced placement test’’ means an ad- DUCTION PROGRAM. cational agency for advanced placement in- vanced placement test administered by the ‘‘(a) GRANTS AUTHORIZED.— centive programs at a level of such expendi- College Board or approved by the Secretary. ‘‘(1) IN GENERAL.—Subject to subsection (g) tures maintained by the State educational (3) ELIGIBLE LOW-INCOME INDIVIDUAL.—The and from amounts appropriated under the agency for the fiscal year preceding the fis- term ‘‘eligible low-income individual’’ means authority of subsection (j) for a fiscal year, cal year for which the grant is received. a low-income individual (as defined in sec- the Secretary shall award grants to State ‘‘(f) APPLICATION.—Each State educational tion 402A(g)(2) of the Higher Education Act educational agencies for the fiscal year to agency desiring a grant under this section of 1965 (20 U.S.C. 1070a–11(g)(2)) who is aca- enable the State educational agencies to shall submit to the Secretary an application demically prepared to successfully take an carry out the authorized activities described at such time, in such manner, and accom- advanced placement test as determined by a in subsection (d). panied by such information as the Secretary school teacher or advanced placement coor- ‘‘(2) AMOUNT.— may require. dinator taking into consideration factors ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(g) REQUIREMENT.—The Secretary shall such as enrollment and performance in an award a State educational agency a grant award a grant under this section for a fiscal advanced placement course or superior aca- under this section for a fiscal year in an year only if the College Board expends for demic ability. amount based on $25 for each eligible low-in- the College Board Fee Assistance Program (4) INSTITUTION OF HIGHER EDUCATION.—The come individual in the State who takes an for the fiscal year at least the amount of term ‘‘institution of higher education’’ has advanced placement test for the fiscal year. funds the College Board expended for such the meaning given the term in section 1201(a) ‘‘(B) ADJUSTMENTS.—The Secretary may program for the preceding fiscal year. of the Higher Education Act of 1965 (20 U.S.C. adjust the dollar figure in subparagraph (A) ‘‘(h) DATA COLLECTION AND REPORTING.— 1141(a)). to reflect changes in inflation or in amounts ‘‘(1) DATA COLLECTION.—Each State edu- (5) LOCAL EDUCATIONAL AGENCY; SECONDARY appropriated under the authority of sub- cational agency receiving a grant under this SCHOOL; AND STATE EDUCATIONAL AGENCY.— section (j). section shall annually report to the Sec- The terms ‘‘local educational agency’’, ‘‘sec- ‘‘(b) INFORMATION DISSEMINATION.—The retary— ondary school’’, and ‘‘State educational State educational agency shall disseminate ‘‘(A) the number of advanced placement agency’’ have the meanings given the terms information on the activities assisted under tests taken by students served by the State in section 14101 of the Elementary and Sec- this section to low-income individuals educational agency; ondary Education Act of 1965 (20 U.S.C. 8801). through secondary school teachers and guid- ‘‘(B) the scores on the advanced placement (6) SECRETARY.—The term ‘‘Secretary’’ ance counselors. means the Secretary of Education. ‘‘(c) PRIORITY.—The Secretary shall give tests; and ‘‘(C) demographic information regarding (7) STATE.—The term ‘‘State’’ means each priority in awarding grants under this sec- of the several States of the United States, tion for a fiscal year to State educational individuals taking the advanced placement the District of Columbia, the Commonwealth agencies serving States that— tests. of Puerto Rico, Guam, American Samoa, the ‘‘(1) expend State funds— ‘‘(2) REPORT.—The Secretary shall annu- United States Virgin Islands, the Republic of ‘‘(A) to lower advanced placement test fees ally compile the information received from the Marshall Islands, the Federated States of for eligible low-income individuals; or each State educational agency under para- Micronesia, and the Republic of Palau. ‘‘(B) to expand the State pool of teachers graph (1) and report to Congress regarding the information. prepared to teach advanced placement By Mr. DORGAN (for himself and courses to low-income individuals or in un- ‘‘(i) DEFINITIONS.—In this section: derserved communities; ‘‘(1) ADVANCED PLACEMENT INCENTIVE PRO- Mr. CONRAD): ‘‘(2) use more than a negligible amount of GRAM.—The term ‘advanced placement incen- S. 749. A bill to provide for more ef- funds provided under title II of the Elemen- tive program’ means a program that provides fective management of the national tary and Secondary Education Act of 1965 (20 advanced placement activities and services grasslands, and for other purposes; to U.S.C. 6601 et seq.) or other Federal funds to to low-income individuals. the Committee on Energy and Natural increase participation in advanced place- ‘‘(2) ADVANCED PLACEMENT TEST.—The term Resources. ment incentive programs; or ‘advanced placement test’ means an ad- THE NATIONAL GRASSLANDS MANAGEMENT ACT ‘‘(3) operate, on the date of enactment of vanced placement test administered by the Mr. DORGAN. Mr. President, today I College Board or approved by the Secretary. the College Affordability and High Standards am introducing the National Grass- ‘‘(3) ELIGIBLE LOW-INCOME INDIVIDUAL.—The Act of 1997, an advanced placement incentive lands Management Act. I introduced program. term ‘eligible low-income individual’ means ‘‘(d) AUTHORIZED ACTIVITIES.—A State edu- a low-income individual (as defined in sec- this bill in the 104th Congress as well. cational agency may use grant funds under tion 402A(g)(2) of the Higher Education Act This bill applies primarily to the grass- this section for activities that are related to of 1965 (20 U.S.C. 1070a–11(g)(2)) who is aca- lands in the Dakotas and half a dozen expanding access for low-income individuals demically prepared to successfully take an other States. I want to explain briefly or in underserved communities to advanced advanced placement test as determined by a what the objective of this bill is and placement tests, and involve— secondary school teacher or advanced place- how it came about. North Dakota has ‘‘(1) establishing or expanding an advanced ment coordinator taking into consideration been particularly concerned about placement test fee reduction program for eli- factors such as enrollment and performance management reform because it em- gible low-income individuals that may in- in an advanced placement course or superior clude— academic ability. braces over 25 percent and 1.2 million ‘‘(A) varying the amount or type of ad- ‘‘(4) SECONDARY SCHOOL; AND STATE EDU- acres of all national grasslands. Many vanced placement test fee reimbursement for CATIONAL AGENCY.—The terms ‘secondary North Dakota ranching families have eligible low-income individuals; or school’ and ‘State educational agency’ have earned their livelihood on these lands ‘‘(B) establishing a sliding scale advanced the meanings given the terms in section for several generations. placement test fee reimbursement program 14101 of the Elementary and Secondary Edu- For several years, however, the based on an eligible low-income individual’s cation Act of 1965 (20 U.S.C. 8801). ranchers in western North Dakota have annual gross income; or ‘‘(5) SECRETARY.—The term ‘Secretary’ been asking for a less cumbersome ap- ‘‘(2) only in the case of a State that oper- means the Secretary of Education. proach to management of the grass- ates an advanced placement test fee reduc- ‘‘(6) STATE.—The term ‘State’ means each lands and both chambers of the 1995 tion program on the date of enactment of the of the several States of the United States, College Affordability and High Standards the District of Columbia, the Commonwealth legislature passed a resolution unani- Act of 1997, expanding the program or car- of Puerto Rico, Guam, American Samoa, the mously asking for management reform rying out any activity that meets the re- United States Virgin Islands, the Republic of on the grasslands as well. Here is why. quirements of subparagraph (A) or (B) of sub- the Marshall Islands, the Federated States of The current regulatory regime is section (c)(1). Micronesia, and the Republic of Palau. cumbersome mainly because the Forest

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4597 Service must manage the grasslands By Mr. DORGAN (for himself and should in no way be seen as affecting under the same framework as it does Mr. CONRAD): the multiple uses of the land. Current the rest of the National Forest System. S. 750. A bill to consolidate certain multiple uses, such as recreation, live- It doesn’t handle efficiently the day-to- mineral interests in the National stock grazing, watershed protection or day problems of the ranchers and graz- Grasslands in Billings County, North fish, and wildlife purposes, will con- ing associations. For example, ranchers Dakota, through the exchange of Fed- tinue as before. This is not a wilderness have had to wait for as long as 2 to 3 eral and private mineral interests to bill, but a proposal to swap mineral years to get approval for a stock tank enhance land management capabilities rights in order to enhance the environ- because of the labyrinth of regulations and environmental and wildlife protec- ment and to stimulate economic activ- that the Forest Service overlays on the tion, and for other purposes; to the ity in a depressed area. I do not favor management of the grasslands. This Committee on Energy and Natural Re- the designation of wilderness within legislation will change that by remov- sources. Billings County. ing the national grasslands from the MINERAL EXCHANGE LEGISLATION May I further underscore that this National Forest System and creating a Mr. DORGAN. Mr. President, today I mineral exchange costs the U.S. tax- new structure of rules specifically suit- am introducing a bill that will facili- payer nothing. The bill provides for an ed to the ecology of the grasslands. tate a mineral exchange in western exchange of about the same number of However, it is not only the rancher’s North Dakota. I introduced this bill at acres with equivalent monetary values. needs that my bill addresses. It will the end of the last Congress and hope Yet, this no-cost transaction will yield also protect a broad range of uses on to move forward in this Congress with substantial economic, environmental, the public lands. All hunting, fishing, a proposal based on that effort. The and management dividends. and recreational activities will con- purpose of this mineral exchange is to Further, the bill does not rely on the tinue as before and environmental pro- consolidate certain mineral estates of government imposing a solution. Rath- tections will continue actually be both the U.S. Forest Service and Bur- er, this voluntary agreement embodies strengthened. Further, it is my inten- lington Resources, formerly known as a consensus reached between the af- tion that the public must be involved Meridian Oil. This consolidation will fected parties, the mineral holders, the in the decisionmaking process as these produce tangible benefits to an eco- state and its citizens, the environ- new rules are implemented. Only by nomically distressed region in North mental organizations, and the U.S. working together can we solve the Dakota and also protect environ- Forest Service. problems on the grasslands. mentally-sensitive areas. Finally, may I stress that there is an Let me reassure the conservation For years, the land and mineral own- urgent need for action on the exchange. community that this bill, which was ership pattern in Western North Da- I would ask unanimous consent that originally incorporated as part of a kota has been extremely fragmented. the text of the bill, letters of support larger grazing package during the 104th In many cases the Forest Service owns from the Governor of North Dakota, Congress, will not make grazing the and manages the surface land while the Bureau of Land Management’s Da- dominant use of the public lands at the private parties, such as Burlington Re- kotas Resource Council, and the Sierra expense of other uses. This bill includes sources, own the subsurface mineral es- Club, and the memorandum of under- specific provisions to protect hunting tates. This fragmentation has not only standing signed by the Forest Service and fishing, and preserves the multiple frustrated the management objectives and Burlington Resources be entered uses of the national grasslands, pre- of the Forest Service, it has also inhib- into the RECORD in order to aid my col- serves public participation in the man- ited mineral exploration and develop- leagues in their deliberations on the agement of the grasslands and keeps ment. bill. In turn, I urge my colleagues to The bill will definitely promote envi- the link between the Grasslands and support timely passage of this bill. major environmental laws such as the ronmental protection. By consolidating There being no objection, the items Endangered Species Act, the Clean Air the mineral estates, the Forest Service were ordered to be printed in the will have the opportunity to protect Act, and the Clean Water Act. RECORD, as follows: I have worked diligently with the the view-shed along the wonderfully ranchers, environmentalists, and other scenic Little Missouri River, creating a S. 750 recreational users of the grasslands to more attractive hunting, fishing, and Be it enacted by the Senate and House of Rep- ensure a balanced approach to grass- hiking area. Further, the mineral ex- resentatives of the United States of America in Congress assembled, lands management. The result of that change will protect certain bighorn SECTION 1. EXCHANGE OF CERTAIN MINERAL IN- work is the National Grasslands Man- sheep lambing areas. The area pro- TERESTS IN BILLINGS COUNTY, agement Act that I am introducing tected by the mineral exchange is one NORTH DAKOTA. today. of the last places that provides ade- (a) PURPOSE.—The purpose of this section The legislation explicitly states that quate habitat and escape cover for big- is to consolidate certain mineral interests in there will be no diminished hunting or horn sheep. The Forest Service and the Little Missouri National Grasslands in fishing opportunities, that all applica- Burlington have already signed a Billings County, North Dakota, through the ble environmental laws will apply to exchange of Federal and private mineral in- memorandum of understanding which terests in order to enhance land management those lands, and that the grasslands will bolster the protection of wildlife capability and environmental and wildlife will be managed under a multiple use and wildlife habitat after the exchange protection. policy. The bill directs the Secretary is concluded. The exchange is also sup- (b) EXCHANGE.—Notwithstanding any other to promulgate regulations which both ported by all major environmental provision of law— promote the efficient administration of groups in the state, the Governor of (1) if, not later than 45 days after the date livestock agriculture and provide envi- North Dakota, and the Bureau of Land of enactment of this Act, Burlington Re- ronmental protection equivalent to Management’s Dakotas Resource Advi- sources Oil & Gas Company (referred to in this section as ‘‘Burlington’’ and formerly that of the National Forest System. sory Council. In short, I believe that the National known as Meridian Oil Inc.), conveys title The bill will also strengthen the re- acceptable to the Secretary of Agriculture Grasslands Management Act is a solid gional economy. Burlington Resources (referred to in this section as the ‘‘Sec- piece of legislation that will make the supports this legislation. Burlington retary’’) to rights and interests identified on administration of the grasslands more will have better opportunities for min- the map entitled ‘‘Billings County, North responsive to the people who live there, eral exploration and development with- Dakota, Consolidated Mineral Exchange— without diminishing the rights and op- in its consolidated mineral estates. November 1995’’, by quitclaim deed accept- portunities of other multiple users of This increased development will ben- able to the Secretary, the Secretary shall this public land. It will help to preserve efit not only Burlington, but also Bil- convey to Burlington, subject to valid exist- the historic ranching economy and life- ing rights, by quit-claim deed, all Federal lings County and the State of North rights and interests identified on that map; style of western North Dakota and Dakota through increased tax reve- and other areas in the West will be pro- nues. (2) if Burlington makes the conveyance tecting the environment. I urge my One point that I would like to make under paragraph (1) and, not later than 180 colleagues to support this initiative. clear is that this mineral exchange days after the date of enactment of this Act,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4598 CONGRESSIONAL RECORD — SENATE May 15, 1997 the owners of the remaining non-oil and gas curtailed or otherwise limited as a result of lent) and require that the other mineral mineral interests identified on that map con- the exchange authorized by this Act. rights to be transferred be of approximately vey title acceptable to the Secretary to all equal value. rights, title, and interests in the interests OFFICE OF THE GOVERNOR, Require Meridian, as a condition for the held by them, by quitclaim deed acceptable Bismarck, ND, July 25, 1996. exchange, to secure release of any leasehold to the Secretary, the Secretary shall convey Hon. BYRON L. DORGAN, or other contractual rights that may have to those owners, subject to valid existing U.S. Senate, been established on the Meridian oil and gas rights, by exchange deed, all Federal rights, Washington, DC. interests that will be exchanged. title, and interests in National Forest Sys- DEAR SENATOR DORGAN: The State of North Assure Meridian that it will have access tem lands and National Grasslands in the Dakota supports the introduction of a bill across federal lands to be able, subject to ap- State of North Dakota as are agreed to by which would implement a proposed mineral plicable federal and State laws, to explore the Secretary and the owners of those inter- exchange between the United States Forest for and develop oil and gas on the interests ests. Service and Meridian Oil, Inc. This effort it will receive in the exchange and that it (c) LEASEHOLD INTERESTS.—As a condition will advance our ‘‘2020’’ program to plan and will have the same surface occupancy and precedent to the conveyance of interests by implement sound management of the Bad- use rights on the interests it will receive the Secretary to Burlington under this sec- lands well into the future. that it now holds on the interests to be sur- tion, all leasehold and contractual interests Current land and mineral ownership pat- rendered. in the oil and gas interests to be conveyed by terns in the Bullion Butte and Ponderosa Find that the USFS/Meridian exchange Burlington to the United States under this Pine areas of the Little Missouri National meets the requirements of other federal ex- section shall be released, to the satisfaction Grasslands are fragmented, thereby compli- change, environmental, and cultural laws of the Secretary. cating management of surface and mineral that would apply if the exchange were to be (d) APPROXIMATE EQUAL VALUE OF EX- resources. processed without Congressional approval CHANGES WITH OTHER INTEREST OWNERS.— The proposed exchange is an opportunity and direction. The values of the interests to be exchanged to consolidate ownership, enhance natural Assure that no provision of the legislation under subsection (b)(2) shall be approxi- badlands habitat adjacent to the Little Mis- can be interpreted to limit, restrict, or oth- mately equal, as determined by the Sec- souri River and facilitate mineral develop- erwise affect the application of the principle retary. ment while reducing conflict by competing of multiple use (including such uses as hunt- (e) LAND USE.— activities. ing, fishing, grazing and recreation) in the (1) EXPLORATION AND DEVELOPMENT.—The Finally, I have included a summary de- Grasslands. Secretary shall grant to Burlington, and its scribing more completely, the intended ex- In addition to facilitating the exchange, successors and assigns, the use of Federally- change and its effect. the legislation would memorialize a Memo- owned surface lands to explore for and de- Sincerely, randum of Understanding (MOU) also nego- velop interests conveyed to Burlington under EDWARD T. SCHAFER, tiated and executed by the USFS and Merid- this Act, subject to applicable Federal and Governor. ian concerning management of certain Me- State laws. Enclosure. ridian oil and gas properties that will remain (2) SURFACE OCCUPANCY AND USE.—Rights to in Grasslands’ areas with high surface re- LEGISLATION TO EFFECT AN EXCHANGE OF surface occupancy and use that Burlington source values. In particular the MOU, adopt- MINERAL RIGHTS IN THE LITTLE MISSOURI would have absent the exchange under this ed by reference in the legislation, obligates NATIONAL GRASSLANDS, BILLINGS, ND Act on its interests conveyed under this Act Meridian to make its best efforts to locate shall apply to the same extent on the feder- For over a decade, the United States For- any oil and gas facilities and installations ally owned surface estate overlying oil and est Service (USFS) and Meridian Oil, Inc. outside of the 1/4 mile view corridor on ei- gas rights conveyed to Burlington under this (Meridian) have been considering a possible ther side of the stretch of the Little Missouri Act. exchange of oil and gas rights in the Bullion River being considered for designation as a (f) ENVIRONMENTAL PROTECTION FOR ENVI- Butte and Ponderosa Pine areas of the Little Wild and Scenic River and to access certain RONMENTALLY SENSITIVE LANDS.—All activi- Missouri National Grasslands in North Da- other property adjacent to an important big- ties of Burlington, and its successors and as- kota. The land ownership pattern in those horn sheep lambing area only by directional signs, relating to exploration and develop- areas is very fragmented, with both federal drilling. ment on environmentally sensitive National and privately owned mineral rights and fed- Equally important is what the legislation Forest System lands, as described in the eral surface and private subsurface estates. does not do. It does: ‘‘Memorandum of Understanding Concerning This lack of unity between the surface and Not increase the amount of surface which Certain Severed Mineral Estates, Billings subsurface estates and intermixture of public the USFS controls. The USFS currently con- County, North Dakota’’, executed by the and private mineral rights have complicated trols the surface on essentially all the land Forest Service and Burlington and dated No- both effective management of surface re- involved in the exchange, and this will not vember 2, 1995, shall be subject to the terms source values and efficient extraction of change since only mineral interests will be of the memorandum. minerals. The USFS views an exchange to transferred. (g) MAP.—The map referred to in sub- consolidate mineral ownerships as an oppor- Not decrease the federal land available for section (b) shall be provided to the Com- tunity to protect bighorn sheep and their oil and gas development. To the contrary, in mittee on Energy and Natural Resources of habitat and the viewshed in the Little Mis- the exchange the federal government will re- the Senate and the Committee on Resources souri River corridor. Meridian expects an ex- ceive a net gain of almost 800 acres in min- of the House of Representatives, kept on file change to facilitate exploration for and de- eral rights that may be leased for explo- in the office of the Chief of the Forest Serv- velopment of oil and gas by reducing the ration and development by other parties. ice, and made available for public inspection conflict such activities would have with And, by consolidating federal mineral rights in the office of the Forest Supervisor of the other sensitive Grasslands resources. which now are scattered in a checkerboard Custer National Forest within 45 days after At the urging of Senator Dorgan and Gov- pattern, access to them should be improved. the date of enactment of this Act. ernor Schafer, the USFS and Meridian The extent to which existing and new federal (h) OTHER LAWS.—The exchange under sub- reached an agreement last year on an ex- mineral rights are leased to private parties section (b)(1) shall be deemed to meet the re- change of certain federal and private mineral will be decided by the USFS in the ongoing quirements of all other Federal laws, includ- rights and the imposition of certain con- planning and Environmental Impact State- ing all land exchange laws, environmental straints on Meridian oil and gas activities. ment for the Southern Little Missouri Grass- laws, and cultural laws (such as the National The agreement would be implemented by lands. The ‘‘multiple use’’ provision of the Historic Preservation Act (16 U.S.C. 470 et this legislation. legislation makes certain the legislation will seq.)), and no further compliance with any What the legislation does. The legislation not affect that decisionmaking process. other law shall be required in order to imple- would accomplish the following: Not decrease revenue to the county, state, ment the exchanges. Direct the completion of the transfer of and federal governments. For the same rea- (i) CONTINUATION OF MULTIPLE USE.—Noth- Meridian’s mineral rights in approximately son that the exchange would not decrease ing in this Act shall limit, restrict, or other- 9,582 acres to the USFS for federal oil and land available for oil and gas development, wise affect the application of the principle of gas rights in 8,796 acres, all in Billings Coun- the economic interests of taxing entities and multiple use (including outdoor recreation, ty, North Dakota, within 45 days of enact- the oil and gas industry should not be af- range, timber, watershed, and fish and wild- ment. fected significantly by the exchange. In fact, life purposes) in any area of the Little Mis- Authorize the exchange of any other pri- with Meridian consolidating its mineral souri National Grasslands. Federal grazing vate mineral rights in the same area for fed- holdings in a more manageable and less sen- permits or privileges in areas designated on eral mineral rights within 6 months of enact- sitive unit, area oil and gas activity should the map entitled ‘‘Billings County, North ment. increase and produce a net positive economic Dakota, Consolidated Mineral Exchange— Deem the mineral rights to be transferred effect. November 1995’’ or those lands described in in the USFS/Meridian exchange to be of Not provide either Meridian or USFS with the ‘‘Memorandum of Understanding Con- equal value (since the two parties have al- mineral rights of greater value than those cerning Certain Severed Mineral Estates, ready negotiated the exchange and are of the they now hold. The USFS with the assist- Billings County, North Dakota’’, shall not be informed opinion that the values are equiva- ance of the Bureau of Land Management, has

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4599 reached the conclusion that the mineral Missouri State Scenic River while still al- Section B. Development of T.138N., R102W., rights to be exchanged between the USFS lowing MOI to access their minerals. The Section 12: S1⁄2 and Meridian are of equal value. Some addi- MOU also addresses a plan to directionally 1. The purpose of this section is to set forth tional value will accrue to both sets of min- drill an oil well to protect a bighorn sheep the agreement that Meridian and the Forest eral rights transferred by the exchange be- lambing area. Service have made concerning the option to cause of the greater ease of access and man- I have also contacted the enclosed list of develop the mineral resources in the S1⁄2 Sec- agement that will result from consolidation. conservation organizations and they have tion 12 from specified locations in ’Section The legislation requires that any other min- also stated their support for Parts One and 13, T.138N., R.102W. eral rights exchanged by other parties under Two of the agreement as proposed. I join the legislation be of approximately equal them in urging you to introduce enabling 2. If, at any time, Meridian, at its sole dis- value. legislation at the earliest opportunity. Your cretion, decides that the development poten- Not resolve the issue of wilderness designa- efforts throughout this process have been tial of the S1⁄2 Section 12 justifies additional tion. Some parties desire wilderness protec- very much appreciated. Please contact me if directional drilling the following options are tion for the area. Other parties, including there is anything conservationists can do to hereby made available to them by the Forest Meridian, oppose wilderness designation, and facilitate this mineral exchange. Service: the USFS has not indicated any intent to es- CONSERVATION ORGANIZATIONS IN SUPPORT OF A. Directional drilling from an expanded tablish a wilderness. The legislation would THE MINERAL EXCHANGE pad on the Duncan MP#1 location in Section not increase, or decrease, the prospect for Dacotah Chapter of the Sierra Club. 13, T.138N., R.102W. or wilderness designation since wilderness may National Wildlife Federation. B. Directional drilling from a location in be designated whether the mineral rights are National Audubon Society. Section 13 adjacent to the county road and privately or publicly owned, the designation Clean Water Action. screened from the bighorn sheep lambing can only be accomplished by a separate Act North Dakota Chapter of the Wildlife Soci- area located in Section 12. of Congress, and the legislation’s ‘‘multiple ety. use’’ language makes clear the intent of Con- Bismarck Mandan Bird Club. If Meridian elects to develop the S1⁄2 Sec- gress that the exchange is not intended to af- Lewis and Clark Wildlife Club. tion 12 from one of the specified locations in fect the wilderness issue. Section 13, surface disturbing activities re- MEMORANDUM OF UNDERSTANDING CON- lated to development and production will DAKOTAS RESOURCE CERNING CERTAIN SEVERED MINERAL ES- only be allowed from June 16 through Octo- ADVISORY COUNCIL, TATES, BILLINGS COUNTY, NORTH DAKOTA ber 14, annually. Dickinson, ND, September 13, 1996. The Memorandum of Understand (MOU) is 3. This section of the MOU shall remain in Hon. ED SCHAFER, between Meridian Oil Inc. (Meridian) with of- effect as long as the S1⁄2 of Section 12 is sub- Governor of North Dakota, State Capitol, Bis- fices in Englewood, Colorado and the U.S. ject to the present, or a future, oil and gas marck, ND Forest Service, Custer National Forest (For- lease. DEAR GOVERNOR SCHAFER: The Dakota Re- est Service). STEVEN L. REINERT, source Advisory Council (RAC), a 12-member The intent of the MOU is to set forth Attroney-in-Fact, body appointed by the Secretary of the Inte- agreement regarding development of certain Meridian Oil, Inc. oil and gas interests beneath Federal sur- rior, represents users of public lands in NANCY CURRIDEN, face. This MOU is in addition to, and does North and South Dakota. The RAC provides Forest Supervisor, not abrogate, any rights the United States opportunities for meaningful public partici- Custer National Forest. pation in land management decisions at the otherwise has to regulate activities on the district level and encourages conflict resolu- Federal surface estate or any rights Merid- tion among various interest groups. ian otherwise has to develop the oil and gas By Mr. SHELBY (for himself, Mr. At our meeting in Dickinson, North Da- interest conveyed. MURKOWSKI, Mr. CRAIG, and Mr. kota on September 9, 1996, the RAC reviewed The provisions of this MOU shall apply to BURNS): the successors and assigns of Meridian. and discussed the Meridian Mineral Ex- S. 751. A bill to protect and enhance change that you have been considering. After The MOU may be amended by written careful review by our RAC, a resolution was agreement of the parties. sportsmen’s opportunities and con- passed indicating our support for legislation Section A. View Corridor—Little Missouri servation of wildlife, and for other pur- to allow the Meridian Mineral Exchange to River poses; to the Committee on Environ- Includes the following land (Subject be completed by the Bureau of Land Manage- ment and Public Works. Lands) in Township 137N., Range 102W.: ment. Since there is considerable activity in this Section 3: Lots 6, 7, 9–12, 14–17 (+) River SPORTSMEN’S BILL OF RIGHTS ACT OF 1997 area, there is a definite urgency to move this Bottom 54.7 acres Section 10: Kits 1–4, N1⁄2, N1⁄2SE1⁄4, SE1⁄4SE1⁄4 Mr. SHELBY. Mr President, today, I legislation in the remaining days of this (+) River Bottom 7.3 acres am pleased to join my colleagues and Congress. The Dakota RAC respectfully re- Section 14: Lots 1, 2, 3, 6, 7, NW1⁄4NE1⁄4., fellow Congressional Sportsmen’s Cau- quests the introduction and passage of legis- NW1⁄4SW1⁄4, S1⁄2S1⁄2 (+) River Bottom 41.4 cus cochairs Senators BURNS, CRAIG lation on the Meridian Mineral Exchange. acres If we can be of further assistance to your and MURKOWSKI in introducing the Section 24: Lots 1–9, NE1⁄4, S1⁄2NW1⁄4, efforts in this regard, we are most willing to Sportsmen’ Bill of Rights Act of 1997. NE1⁄4NW1⁄4 (+) River Bottom 75.84 acres help. District Manager, Doug Burger, has 1. The purpose of this Section is to set Hunting and fishing are traditions more details with respect to the exchange forth the agreements that Meridian and the that have been an integral part of our and we have asked him to assist you. Forest Service have made concerning reason- Thank you for considering the rec- history since the inception of our Na- able protection of the view from the Little ommendations of the Dakota RAC. tion and are among the most basic of Missouri River which has been identified as Sincerely, potentially suitable for classification as a our heritage. Through the ages, sports- MARC TRIMMER, Chair, Wild and Scenic River under the Wild and men have shown a deep respect and ap- Dakota RAC. Scenic Rivers Act. This section of the MOU preciation for the land and have made shall remain in effect as long as the Forest a concerted effort to wisely use our Na- DACOTAH CHAPTER OF Service maintains a corridor for this pur- tion’s renewable natural resources. All THE SIERRA CLUB, pose. across this country, very successful al- Mandan, ND, September 14, 1995. 1 2. The Forest Service has designated a ⁄4 liances have been formed between Re meridian mineral exchange. mile corridor on either side of the River for hunting and fishing enthusiasts and Hon. BYRON DORGAN, protection of the view from the River, and U.S. Senate, Washington, DC. this Section applies to the location of per- conservationists. Both are very con- DEAR SENATOR DORGAN: I am writing to manent improvements within said corridor cerned about protecting natural habi- convey the Sierra Club’s support for the and not to temporary activities such as seis- tats, and when working together their ‘‘agreement in principle’’ for a mineral ex- mic operations within said corridor. force includes some 70 percent of the change between Meridian Oil Inc. (MOI) and 3. Meridian agrees to use its best efforts to U.S. population. the Bureau of Land management (BLM) / locate permanent production facilities, well United States Forest Service (USFS). This sites, roads and other installations outside Today, millions of Americans partici- agreement follows extensive negotiations be- the 1⁄4 mile corridor on the Subject Lands. pate in these venerable pastimes. Over tween MOI, USFS, BLM, the North Dakota However, such facilities may be located 60 million Americans enthusiastically Game and Fish Department (NDGF) and within the 1⁄4 mile corridor if mutually participate in fishing activities and 14 local conservation organizations. agreed to by the parties in writing. million citizens are licensed hunters. It is my understanding that there are two 4. The Forest Service agrees that Meridian These recreational activities are a sig- components to the agreement. Part One in- may access its minerals within or without nificant boost to many local and State volves the actual exchange of the mineral es- the 1⁄4 mile corridor of the subject lands from tate. Part Two outlines a Memorandum of a well or wells whose surface location is on economies, as well as the Nation. Understanding (MOU) between the USFS and adjoining lands in which Meridian owns the Sportsmen spent more than $67.9 bil- MOI to protect the viewshed of the Little severed mineral estate. lion last year on goods and services

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4600 CONGRESSIONAL RECORD — SENATE May 15, 1997 supporting an industry that employs Federal-State agencies, America’s vide that the minimum annual alloca- more than a million people across the wildlife is thriving. For every taxpayer tion to each State from the highway country. When discussing the contribu- dollar invested in wildlife conserva- trust fund be equal to that State’s tions sportsmen have made to our Na- tion, sportsmen and women contribute share of contributions to the fund. This tion, often overlooked is the fact that $9 dollars. At the turn of the century, formula will allocate funds where they sportsmen have carried the burden of only 41,000 elk were counted across our are most needed. The General Account- financing fish and wildlife management Nation. While the Nation’s population ing Office, in a November 1995 study, and preservation through the years. soared and massive development oc- noted that highway trust fund con- America owes our sportsmen a debt curred, sportsmen’s conservation ini- tributions bear a high correlation to of gratitude for their pioneering tiatives have enable the elk population the need for highway funding in a given achievements on behalf of wildlife and in just 10 western States to increase to area. Moreover, under this new for- habitat conservation. The Sportsmen’s approximately 810,000. Similar stories mula, as population grows and eco- Bill of Rights recognizes the important can be applied to numerous species in- nomic activity increases, additional role fishing and hunting play in our so- cluding the white-tailed deer, the infrustructure funding will be avail- ciety by providing anglers and hunters Canada goose, and the wild turkey. able. with explicit access to public lands; Hunters and anglers have been and will Mr. President, this bill presents a opening the process of wildlife manage- continue to be the champions of wild- fair and workable formula for distrib- ment and protecting the integrity of life and habitat conservation. These ex- uting funds under the next highway the sportsmen’s trust funds. This bill amples just begin to demonstrate the bill. I urge my colleagues to join us in ensures that hunting and fishing oppor- value of anglers and hunters to our so- support of this legislation. tunities are considered in Federal land ciety. Mr. President, I ask unanimous con- management decisions, and provides a The sportsmen’s bill of rights will sent that a copy of the legislation be clear procedure for Federal agencies to protect and enhance sportsmen’s op- printed in the RECORD. follow in their management of our Fed- portunities and enhance the conserva- There being no objection, the bill was eral public lands. tion of wildlife. I urge my colleagues to ordered to be printed in the RECORD, as For too long, sportsmen have been join me by cosponsoring this important follows: unduly penalized from equitably shar- legislation. S. 752 ing public land. This bill mandates By Mr. THURMOND (for himself, Be it enacted by the Senate and House of Rep- that Federal agencies analyze the ef- resentatives of the United States of America in fects of potential hunting and fishing Mr. COATS, Mr. HOLLINGS, Mr. Congress assembled, HELMS, Mr. FAIRCLOTH, and Mr. limitations prior to enacting new land SECTION 1. MINIMUM ALLOCATION. UTCHINSON use policies. Hunters and anglers H ): (a) FISCAL YEAR 1998 AND THEREAFTER.— should be granted the right to inter- S. 752. A bill to amend title 23, Section 157(a) of title 23, United States Code, vene in any civil action where law United States Code, to modify the min- is amended by adding at the end the fol- would limit the use of land for hunting imum allocation formula under the lowing: and fishing. The provisions in the Federal-aid highway program, and for ‘‘(5) FISCAL YEAR 1998 AND THEREAFTER.—In sportsmen’s bill of rights assure that other purposes; to the Committee on fiscal year 1998 and each fiscal year there- Environment and Public Works. after, on October 1, or as soon as possible Federal agencies support, encourage thereafter, the Secretary shall allocate HIGHWAY TRUST FUND LEGISLATION and enhance the opportunities for fish- among the States amounts sufficient to en- ing and hunting. Mr. THURMOND. Mr. President, I sure that a State’s percentage of the total While this bill promotes access to rise today to introduce legislation to apportionments in each fiscal year and allo- public lands, it recognizes the need for revise the formula by which the high- cations for the prior fiscal year from funds exceptions and exclusions due to na- way trust fund is apportioned and dis- made available out of the Highway Trust tional security concerns, public safety tributed to the States under the Fed- Fund is not less than 100 percent of the per- matters, emergency situations and pol- eral Aid to Highways Program. This centage of estimated tax payments attrib- icy reasons that are incompatible with measure is cosponsored by Senators utable to highway users in the State paid into the Highway Trust Fund in the latest COATS, HOLLINGS, HELMS, FAIRCLOTH, hunting or fishing. This act cannot be fiscal year for which data are available.’’. used to force the opening of National and HUTCHINSON from Arkansas. (b) CONFORMING AMENDMENT.—Section Parks or monuments administered by The current formula was established 157(a)(4) of title 23, United States Code, is the National Park Service to fishing or in 1956 to support the building of a na- amended by striking the paragraph designa- hunting and this legislation is not in- tionwide, interstate highway system. tion and all that follows before ‘‘on October tended to place fishing and hunting At that time, it was necessary to redis- 1’’ and inserting the following: above other land management prior- tribute the tax revenues from some ‘‘(4) FISCAL YEARS 1992–1997.—In each of fis- ities. The sportsmen’s bill of rights is States to those with large land areas cal years 1992 through 1997,’’. aimed at setting forth tangible man- and low population. As it exists now, Mr. HOLLINGS. Mr. President, today agement guidelines. the present formula is inefficient and I am proud to join Senator THURMOND Additionally, this year marks the unfair. It is inefficient because it is in introducing legislation to bring fair- 60th anniversary of one of our Nation’s based upon population statistics that ness to Federal transportation funding. most successful Federal restoration were current in 1980. There is no allow- This legislation would guarantee that programs, the Pittman Robertson Act. ance for population shifts in the future the Federal Government would return P–R, as it is often referred to, is a part- and, as a result, high growth areas of to each State the same share of gas tax nership created by the State fish and the country are left on their own to funds that it had paid into the trans- wildlife agencies and the funds pro- provide the infrastructure to support portation trust fund. vided by the anglers and hunters. growing populations. It is unfair be- In 1991, I voted against the current Sportsman across the land have spon- cause the disparity in the rates of re- transportation law, known as sored, supported and maintained the turn creates a policy that, in effect, ‘‘ISTEA.’’ Supporters advocated the integrity of P–R throughout the last 60 values a mile of road in one State three legislation as a forward-looking con- years. The funds are raised through an times as much as a similar mile of road solidation of Federal highway pro- excise tax on sportsman’s goods and in another State. grams, but the heart of the bill—the subsequently, placed in a fund to be al- Mr. President, the interstate high- way it distributed money—looked located to the States yearly in accord- way program has been an enormous backward in every sense. It tightly tied ance with statutory formulas. Today success and is now virtually complete. each State’s future funding to past $357 million is raised for wildlife res- However, the circumstances which funding levels. It used old census data. toration through P–R funds in conjunc- gave rise to the present formula have It used old formula factors which do tion with the Dingell-Johnson Act and changed and it is now time for a new not even pass the ‘‘straight face’’ test. the Wallop-Breaux Act. one. Our legislation corrects both the As the GAO reported, ‘‘the Congress Due to the congenial partnership of inefficiency and unfairness of the cur- elected not to change the basic formula our Nation’s hunters and anglers with rent formula. It amends the law to pro- structure’’ and thus the key factors in

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4601 the formula are ‘‘irrelevant’’ and ‘‘di- trol board, to assist the city during will encourage nongovernmental eco- vorced from current conditions.’’ In this current financial crisis. Despite ef- nomic investment in the District of Co- other words, we are currently targeting forts by the District’s Government and lumbia. more than $20 billion of taxpayer funds Congress to manage these problems, Washington, DC is not only home to to the wrong places for the wrong rea- the city has a long way to go to the people who live here, it is truly the sons. achieve economic self-sufficiency. Nation’s city. South Carolina bears the brunt of Mr. President, at the root of the Dis- We believe that these incentives, this inequity. In 1995, South Carolina trict’s problems is an evereroding mid- along with responsible and sensible fi- received only 52 cents back for each dle class. Since 1950, Washington’s pop- nancial management, are just what dollar it paid to the highway trust ulation has declined by nearly 250,000 this great city needs to regain its past fund. Over the period of ISTEA, South residents; 68,000 left between 1988 and glory. Carolina received only 70 cents back on 1993 alone. The vast majority of these Mr. LIEBERMAN. Mr. President, I the dollar. Let me add that I am not people were middle-class families am delighted to join with Senators unaware of the overall Federal funding whose taxes funded the city’s oper- MACK, LOTT, and BROWNBACK as an situation in South Carolina. South ations. Historically, the District of Co- original cosponsor of this important Carolina gets back more Federal tax lumbia has tried to offset this decline legislation, the District of Columbia money than its citizens contribute. Mr. by raising taxes, leading to even more Economic Recovery Act of 1997 President, that is as it should be. We residents leaving the city in search of (DCERA). are one Nation, and some parts of the lower tax rates, better schools and The District of Columbia belongs to Nation have lower average incomes. safer streets. each and every one of us. As citizens of That is no excuse for targeting high- We believe that the best way to help the United States, we have a stake in way funds in a way that an objective the District is to promote economic the successes, and a stake in the fail- study found to be ‘‘irrelevant’’ and ‘‘di- growth, and the best way to promote ures, of Washington, DC. It is Amer- vorced from current conditions.’’ economic growth is to significantly re- ica’s city. But, for a variety of reasons, It is rare that a $20 billion problem duce the tax burden on its residents. not all of them easily explained, Wash- has a simple solution. I refer again to Economic growth will mean more jobs, ington is in desperate financial straits. the independent assessment of the more opportunity, greater private sec- The here and now financial prospects GAO, which said that basing Federal tor investment and ultimately a better are grim for the city, and the future payments to States on the amounts quality of life in the Nation’s capital. gets grimmer. This is largely because States paid in would, would meet two The DCERA is an important step in middle-class families, the backbone of major, commonsense objectives of any luring taxpayers back to the District of any successful community, are fleeing highway program: Columbia. It provides tax incentives, the District in alarming numbers. First, it would be a ‘‘relatively sim- including a 15-percent flat income tax The legislation we are introducing ple and direct method of fund distribu- rate for all District resident and deduc- today would instantly transform our tion.’’ tions of: $15,000 for individual filers; Nation’s capital, making it a more ap- Second, it would ‘‘tend to correlate $25,000 for head of household filers; and pealing place to live, to invest, to highly with highway needs, particu- $30,000 for married filers. build, to buy, and to work. This bill is larly for major highways.’’ Many critics of the flat rate argue designed to reverse the flow of busi- Furthermore, the GAO found that that it is a bonanza for the rich and the nesses and the middle-class residents basing funding on gas tax paid in would poor, but does little to address the who currently are fleeing the city for effectively kill two birds with one needs of the middle class. We have the suburbs. Those still in the District stone by accounting for highway needs added several incentives designed spe- would have new incentives to stay. And and for equity between States with one cifically to assist the middle class. many others now living elsewhere formula factor. First, the bill includes a $5,000 first would have a very strong incentive to Mr. President, a program that does time home buyers’ provision designed move into the District with their fami- not target funds to today’s needs, and to assist middle-class families in pur- lies and with their businesses. which mires States and the Congress in chasing homes within the District of We cannot make the schools better in arcane complexity, cries out for revi- Columbia. Second, the bill maintains the District overnight. We cannot sion. The legislation we introduce here the current home mortgage and chari- promise crime-free streets overnight. today is a good starting point to better table deductions. Finally, we have in- We cannot promise a revitalized econ- address our Nation’s highway needs. I cluded a zero capital gains tax rate to omy overnight. What we can do is pro- urge my colleagues to join us in sup- help spur investment by District and vide middle-class tax relief in the Dis- porting this bill. non-District residents. Middle class trict, and as a way to lure these mid- residents should benefit significantly dle-class taxpayers to the District as a By Mr. MACK (for himself, Mr. from this provision because it encour- way to reestablish a tax base in the LIEBERMAN, and Mr. BROWN- ages them to invest their earnings and District. And once we bring these peo- BACK): it offers a generous reward if and when ple back, safer streets and better S. 753. A bill to amend the Internal a middle-class resident sells their schools can follow. Revenue Code of 1986 to provide for in- homes. Besides these incentives we This legislation is modeled on legis- dividuals who are residents of the Dis- have included a brownfields provision lation that has been introduced in the trict of Columbia a maximum rate of that encourages companies to clean up House with broad, bipartisan support, tax of 15 percent on income from environmentally damaged land that is by Representative ELEANOR HOLMES sources within the District of Colum- sure to improve the quality of life for NORTON. Both the House and the Sen- bia, and for other purposes; to the District residents and their families. ate version of the DCERA establish a Committee on Finance. This bill also provides an opportunity maximum Federal tax rate of 15 per- THE DISTRICT OF COLUMBIA ECONOMIC for all Americans to participate in the cent. Both bills double the personal ex- RECOVERY ACT economic stability of the District of emption, which would eliminate Fed- Mr. MACK. Mr. President, I am Columbia by allowing them to have a eral income taxes for single residents pleased to introduce along with my col- zero capital gains rate for investments who make up to $15,000 a year and mar- league Senator LIEBERMAN the District made within the District. We believe ried couples filing jointly who make up of Columbia Economic Recovery Act. that Americans everywhere have great to $30,000 a year. At the same time, the The social, administrative, and fiscal pride in this city and truly want it to bill retains the mortgage and chari- problems of our Nation’s capital are represent all the best aspects of this table deductions and would allow a tax- well documented. The District of Co- Nation, including a vibrant economy. payer to file under the old system, if lumbia is facing its greatest economic For too long the city’s economy has that is what they prefer to do. In con- crisis since its establishment in 1790. been linked with the growth and de- trast to Representative NORTON’s bill, Congress has taken major steps, in- clines of the Federal Government. I be- which provides capital gains tax relief cluding the creation of a financial con- lieve that the capital gains provisions only to D.C. residents, our legislation

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4602 CONGRESSIONAL RECORD — SENATE May 15, 1997 establishes a zero capital gains rate for 9, 1997, in a resolution to accompany kan Native population as a whole. In D.C. investments held by D.C. or non- its qualified endorsement of the admin- spite of this, I think it is fair and accu- D.C. residents for 3 years. We believe istration’s bailout plan, the Council rate to say that the threat of an in- that the broader exemption is nec- stated that ‘‘. . . the District of Colum- creased rate of juvenile delinquency is essary to spur as much investment in bia Economic Recovery Act . . . would great in Indian country due to the the District as possible. Also in con- provide the jolt that is desperately large and growing population of Indian trast to the House DCERA, our bill in- needed to expand the District’s revenue youth under the age of 18. cludes a $5,000 credit for first time Dis- base by reversing the hemorrhaging of In fact, in a hearing conducted by the trict home purchases and includes a residents and jobs from the District.’’ Senate Committee on Indian Affairs on provision to clean up abandoned Although this legislation represents April 8, a representative of the Depart- brownfields within the District. Mem- a good start toward the resolution of ment of Justice stated that ‘‘while vio- bers of Congress not representing the the city’s problems, much more needs lent crime is falling in American cities, District could not take advantage of to be done. As chairman of the Sub- it is rising on American Indian reserva- the tax incentives in the bill, and the committee on Oversight of Government tions.’’ Despite this, there are still District already has enacted legislation Management, Restructuring and the about half as many police officers in ensuring that it would not take advan- District of Columbia, I have just con- Indian country on a per capita basis. tage of the Federal tax incentives in cluded 2 months of oversight hearings Currently, tribal governments which this bill by raising local taxes. on the District’s many problems, in- perform law enforcement functions are I very much see this bill as a first cluding the poor performance of the eligible to receive grants through the step. Some of the urban problems schools, the high crime rate, and the Native American Pass-Through Pro- Washington faces are unique to Wash- city’s reputation for low quality serv- gram, established through the 1988 ington because Washington has no ices. While each of these problems are amendments to the Juvenile Justice State, no broader tax base, to draw on. being addressed in some fashion by the and Delinquency Prevention Act of At the same time, many of Washing- Control Board, they are far from being 1974. Under this program, States must ton’s problems are problems that are solved, and the city remains des- make available to tribes a minimum faced by cities all across this country. perately in need of a renewal of its amount of funding based, in part, upon If this approach works in Washington, spirit. the ratio of the number of Indian juve- I hope we can try it in Bridgeport, New In the coming weeks I will be explor- niles within a State’s boundaries com- Haven, and Hartford as well. ing with my colleagues, with city offi- pared to the total number of juveniles I should note that, unlike some pro- cials, and with the administration a se- within that State. This funding may go ponents of this legislation, I am at best ries of additional reform options that toward a variety of juvenile delin- an agnostic on a flat tax. I believe pro- will help lead to this renewal, and to quency prevention, control, or reduc- gressivity in our tax rates is inherently the recreation of a Capital City worthy tion efforts. fair and am pleased that the legislation of a great Nation. Based upon the comments of rep- we are introducing today has elements resentatives of tribal governments, of that progressivity by providing such By Mr. CAMPBELL (for himself, State advisory groups, the National a generous personal exemption. At the Mr. INOUYE, and Mr. DOMENICI): Coalition for Juvenile Justice, and same time, a good number of our cities S. 754. A bill to amend the Juvenile State governments, it has become clear are facing the loss of their middle-class Justice and Delinquency Prevention to me that the Pass-Through Program population and the only way to rebuild Act of 1974 to provide for direct assist- is simply not meeting the needs of that base may be through bold meas- ance to Indian tribes for juvenile jus- tribes. First, the minimum amount of ures like a flat tax which has clear and tice and delinquency prevention pro- funding each State must make avail- compelling benefits for the middle grams, and for other purposes; to the able to tribes is, on average, so mini- class. The people we are really anxious Committee on Indian Affairs. mal that it fails to appropriately ad- to bring back to our cities are the 28 THE INDIAN JUVENILE JUSTICE AND dress the needs of the tribes. While percenters. Under the current Tax Code DELINQUENCY PREVENTION ACT many States do award grants in excess a typical family in the 28-percent Mr. CAMPBELL. Mr. President, of the requirement, the amounts tribes bracket would be a couple with two today I, along with Senators INOUYE receive are often too small to initiate a children who make roughly between and DOMENICI, introduce legislation program of any magnitude. In addition, $39,000 and $95,000 after deductions. Our which will reform the existing Native many tribes do not even apply for these bill would create a very favorable tax American Pass-Through Program ad- grants, because the cost of preparing a incentive for these people to stay in, or ministered by the Office of Juvenile grant application would exceed the move to, the District. Justice and Delinquency Prevention amount of funds awarded. More impor- Mr. President, the most important [OJJDP], within the Department of tantly, the Pass-Through Program ex- thing there is to say about urban pol- Justice, and will create a grant pro- ists in conflict with the Federal-tribal icy in this country is that we really do gram that will provide direct funding government-to-government relation- not have an urban policy. We know to eligible tribes for the purpose of ad- ship, by requiring tribal governments what has not worked; today we are in- dressing juvenile justice needs in In- to depend upon the States. If a State troducing legislation that we believe dian country. chooses not to participate in the pro- will work and there is no better place Juvenile delinquency is an enormous gram or does not meet certain require- to start than in Washington, DC, a city problem faced by both State and tribal ments, tribes located within that that belongs to all Americans. I urge governments. A February 1997 report, State’s boundaries will not receive my colleagues to join us in cospon- issued by OJJDP, indicated that law funds under the act. Because of these soring this important legislation. enforcement agencies around the coun- and other concerns raised by tribes and Mr. BROWNBACK. Mr. President, I try made an estimated 2.7 million ar- juvenile justice officials, I am intro- am pleased to join with my distin- rests in 1995 of persons under age 18. ducing the Indian Juvenile Justice and guished colleagues today to introduce This accounted for 18 percent of all ar- Delinquency Prevention Improvement the District of Columbia Economic Re- rests made during that year. OJJDP Act. This proposal seeks to eliminate covery Act, a bill which would also reported that while the total num- the Native American Pass-Through jumpstart the District’s economy and ber of juvenile arrests for violent Program and replace it with a discre- set in motion a commercial, social, and crimes decreased in 1995, the total tionary grant program that will pro- cultural renaissance that will once number of arrests is considerably high- vide direct Federal grants to Indian again make all Americans proud of er than they were in 1992 and 67 percent tribes. Consistent with the Pass- their Capital. higher than the 1986 level. Through Program, these funds will be I am delighted to find that the Dis- Unfortunately, there are no complete used to plan and develop programs to trict’s City Council shares my belief and accurate sets of statistics available prevent and reduce juvenile crime as that the enactment of this legislation on the rate of juvenile delinquency well as to improve the tribal govern- will be very good for the city. On May among the American Indian and Alas- ment’s juvenile justice system.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4603 More specifically, this legislation gible for the special programs and services Juvenile Justice and Delinquency Preven- will require tribes to submit program provided by the United States to Indians be- tion Act of 1974 (42 U.S.C. 5611 et seq.) is plans as part of their grant application cause of their status as Indians;’’; and amended by adding at the end the following: to the Administrator of OJJDP. Tribes (5) in paragraph (22), by inserting ‘‘Indian ‘‘Subpart II—Federal Assistance for tribe,’’ after ‘‘unit of local government,’’. Programs for Indian Tribes must comply with certain core require- (b) TECHNICAL AMENDMENT.—Part B of title ments in order to demonstrate an abil- II of the Juvenile Justice and Delinquency ‘‘SEC. 221. ESTABLISHMENT OF PROGRAM. ity to administer and account for the Prevention Act of 1974 (42 U.S.C. 5611 et seq.) ‘‘(a) IN GENERAL.—The Administrator shall, by regulation, establish a program to quality of the juvenile justice pro- is amended by striking the heading and in- serting the following: provide direct grants to Indian tribes in ac- grams. Finally, this legislation in- cordance with this section. Each grant made ‘‘PART B—FEDERAL ASSISTANCE FOR STATE cludes a reporting requirement similar under this section to an Indian tribe shall be AND LOCAL PROGRAMS AND PROGRAMS FOR to the one mandated in the Indian Self- used by the governing body of the Indian INDIAN TRIBES Determination Act. tribe— ‘‘Subpart I—Federal Assistance for State and ‘‘(1) for planning, establishing, operating, On the administrative side, the legis- Local Programs’’. lation directs OJJDP to take into ac- coordinating, and evaluating projects for (c) ELIMINATION OF PASS-THROUGH FOR IN- achieving compliance with the requirements count certain important factors when DIAN TRIBES.—Section 223(a) of the Juvenile awarding grants such as a tribe’s avail- specified in paragraphs (12)(A), (13), and (14) Justice and Delinquency Prevention Act of of section 223, and otherwise meeting any ap- able resources and the population of In- 1974 (42 U.S.C. 5633(a)) is amended— plicable requirements of this Act; and dian youth who reside within the (1) in paragraph (4), by inserting ‘‘and In- ‘‘(2) for otherwise conducting activities to tribe’s jurisdiction. It is also important dian tribes’’ after ‘‘units of general local promote the improvement of the juvenile to note that this legislation in no way government’’; justice system of that Indian tribe. (2) in paragraph (5)— prevents tribes from entering into co- ‘‘(b) PLANS.—As part of an application for (A) in subparagraph (A), by striking the a grant under this section, an Indian tribe operative agreements with States or semicolon at the end and inserting ‘‘, except units of local government. Tribes are shall submit a plan for conducting activities that with respect to any cooperative pro- described in subsection (a). The plan shall— still able to enter into these agree- gram conducted with an Indian tribe, the ‘‘(1) provide evidence that the Indian tribe ments and apply for State funding participation of the Indian tribe shall be performs law enforcement functions (as de- should they desire to do so. funded from the amounts made available termined by the Secretary of the Interior); The prevention, control, and reduc- under subpart II of this part; and’’; ‘‘(2) identify the juvenile justice and delin- tion of juvenile delinquency should be (B) in subparagraph (B), by striking ‘‘and’’ quency problems and juvenile delinquency at the end; and prevention needs to be addressed by activi- one of the top priorities of this Nation. (C) by striking subparagraph (C); ties conducted by the Indian tribe in the With this legislation, we have the op- (3) in paragraph (6)— area under the jurisdiction of the Indian portunity to provide a better mecha- (A) by inserting ‘‘(A)’’ before ‘‘provide tribe with assistance provided by the grant; nism to deliver funds to tribes for the that’’; ‘‘(3) provide for fiscal control and account- (B) by striking ‘‘programs funded under purpose of addressing juvenile justice ing procedures that— this part’’ and inserting ‘‘programs funded needs, a much better mechanism than ‘‘(A) are necessary to ensure the prudent under this subpart’’; we currently have. use, proper disbursement, and accounting of (C) by striking the semicolon at the end Mr. President, I ask unanimous con- funds received under this subchapter; and and inserting ‘‘; and’’; and sent that the text of the bill be printed (D) by adding at the end the following: ‘‘(B) are consistent with the requirements in the RECORD. ‘‘(B) with respect to any case in which an of section 232; and There being no objection, the bill was Indian tribe participates in a cooperative ‘‘(4) contain such other information, and be ordered to be printed in the RECORD, as program under paragraph (5)(A), provide that subject to such additional requirements, as follows: the appropriate official of the governing the Administrator may reasonably prescribe to ensure the effectiveness of the grant pro- S. 754 body of an Indian tribe assign responsibility for the preparation and administration of gram under this subpart. Be it enacted by the Senate and House of Rep- the Indian tribe’s part of the applicable ‘‘(c) FACTORS FOR CONSIDERATION.—In resentatives of the United States of America in State plan, or for the supervision of the prep- awarding grants under this section, the Ad- Congress assembled, aration and administration of the Indian ministrator shall consider— SECTION 1. SHORT TITLE. tribe’s part of the State plan;’’; ‘‘(1) the resources that are available to This Act may be cited as the ‘‘Indian Juve- (4) in paragraph (24), by striking ‘‘and’’ at each applicant that will assist, and be co- nile Justice and Delinquency Prevention Im- the end; ordinated with, the overall juvenile justice provement Act’’. (5) in paragraph (25), by striking the period system of the Indian tribe; and SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE at the end and inserting a semicolon; and ‘‘(2) for each Indian tribe that receives as- AND DELINQUENCY PREVENTION (6) by adding at the end the following: sistance under such a grant— ACT OF 1974. ‘‘(26) provide assurance that, in carrying ‘‘(A) the relative population of individuals (a) DEFINITIONS.—Section 103 of the Juve- out the plan under this section, the State under the age of 18; and nile Justice and Delinquency Prevention Act will take appropriate action to improve— ‘‘(B) who will be served by the assistance of 1974 (42 U.S.C. 5603) is amended— ‘‘(A) communication between the State provided by the grant. (1) in paragraph (8), by striking ‘‘an Indian and units of general local government and ‘‘(d) GRANT AWARDS.— tribe which performs law enforcement func- Indian tribes; ‘‘(1) IN GENERAL.— tions as determined by the Secretary of the ‘‘(B) cooperation between the State and ‘‘(A) COMPETITIVE AWARDS.—Except as pro- Interior,’’; units of general local government and Indian vided in paragraph (2), the Administrator (2) in paragraph (9)— tribes; and shall annually award grants under this sec- (A) by striking ‘‘States or units of general ‘‘(C) intergovernmental relationships be- tion on a competitive basis. The Adminis- local government’’ and inserting ‘‘States, tween the State and units of general local trator shall enter into a grant agreement units of general local government, or Indian government and Indian tribes; and with each grant recipient under this section tribes’’; and ‘‘(27) provide, as appropriate, a description that specifies the terms and conditions of (B) by striking ‘‘States or units’’ and in- and analysis of any disproportionate rep- the grant. serting ‘‘States, units, or Indian tribes’’; resentation in the juvenile justice system of ‘‘(B) PERIOD OF GRANT.—The period of a (3) in paragraph (11), by striking ‘‘any Native Americans (as that term is defined in grant awarded under this section shall be 1 State, unit of local government, combina- section 16(10) of the National Museum of the year. tion of such States or units’’ and inserting American Indian Act (20 U.S.C. 80q–14(10))) ‘‘(2) EXCEPTION.—In any case in which the ‘‘any State, unit of general local govern- including, if appropriate, any dispropor- Administrator determines that a grant re- ment, Indian tribe, combination of 1 or more tionate representation of Alaska Natives cipient under this section has performed sat- States, units of general local government, or (within the meaning of the Alaska Native isfactorily during the preceding year in ac- Indian tribes’’; Claims Settlement Act (43 U.S.C. 1601 et seq.) cordance with an applicable grant agree- (4) by striking paragraph (18) and inserting from— ment, the Administrator may— the following: ‘‘(A) urban populations; and ‘‘(A) waive the requirement that the recipi- ‘‘(18) the term ‘Indian tribe’ means any In- ‘‘(B) populations that are not, as of the ent be subject to the competitive award dian tribe, band, nation, or other organized date of development of the plan, recognized process described in paragraph (1); and group or community, including any Alaska as eligible for the special programs and serv- ‘‘(B) renew the grant for an additional Native village or regional or village corpora- ices provided by the United States to Indians grant period (as specified in paragraph tion as defined in or established pursuant to because of their status as Indians.’’. (1)(B)). the Alaska Native Claims Settlement Act (43 (d) FEDERAL ASSISTANCE FOR PROGRAMS ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad- U.S.C. 1601 et seq.), that is recognized as eli- FOR INDIAN TRIBES.—Part B of title II of the ministrator may prescribe requirements to

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4604 CONGRESSIONAL RECORD — SENATE May 15, 1997 provide for appropriate modifications to the sage in the House, the bill became law ger their lives in defense of our coun- plan preparation and application process in February 1996. However, an amend- try. It is the very least we owe the specified in this section for an application ment to the 1997 Defense Authorization families who have and will endure the for a renewal grant under this subsection. Conference Report repealed its strong- pain and uncertainty of a loved one left ‘‘SEC. 232. REPORTING REQUIREMENT. est provisions. unaccounted for at a time of war. ‘‘Each Indian tribe that receives a grant Today, I am introducing The Missing Mr. President, I ask unanimous con- under section 231 is subject to the fiscal ac- sent that the bill be printed in the countability provisions of section 5(f)(1) of Persons Authorities Improvement Act the Indian Self-Determination and Edu- of 1997 in an effort to restore not only RECORD. I also ask unanimous consent cation Assistance Act (25 U.S.C. 450c(f)(1)), those lost provisions but to also offer a that Senator FORD be included as an relating to the submission of a single-agency sense of accountability for our missing original cosponsor to this legislation. audit report required by chapter 75 of title service personnel and their loved ones. There being no objection, the bill was 31, United States Code. A companion bill has already been in- ordered to be printed in the RECORD, as ‘‘SEC. 233. TECHNICAL ASSISTANCE. troduced in the House of Representa- follows: ‘‘The Administrator shall establish a pro- tives by Congressman BEN GILMAN of S. 755 gram to provide technical assistance to as- Be it enacted by the Senate and House of Rep- sist Indian tribes in carrying out the activi- New York. One major provision to be restored resentatives of the United States of America in ties described in section 231(a). Congress assembled, requires that military unit com- ‘‘SEC. 234. COORDINATION WITH STATE ADVI- SECTION 1. SHORT TITLE. SORY GROUPS. manders report and initiate a search This Act may be cited as the ‘‘Missing Per- ‘‘In carrying out the programs under this within 48 hours from the time a person sons Authorities Improvement Act of 1997’’. subpart, the Administrator shall, not later has been deemed missing. Right now, a SEC. 2. IMPROVEMENT OF MISSING PERSONS AU- than 180 days after the end of the fiscal year soldier can be missing for up to ten THORITIES APPLICABLE TO DE- during which the Indian Juvenile Justice and days before a report and search must PARTMENT OF DEFENSE. Delinquency Prevention Improvement Act is be made. (a) APPLICABILITY TO DEPARTMENT OF DE- FENSE CIVILIAN EMPLOYEES AND CONTRACTOR enacted, and annually thereafter, issue a re- Another restored provision protects port to each advisory group established EMPLOYEES.—(1) Section 1501 of title 10, under a State plan under section 223(a)(3) civilian defense employees and con- United States Code, is amended— that includes information relating to each tractors who become missing as a re- (A) by striking out subsection (c) and in- grant awarded under section 231, including sult of hostile action. These civilians serting in lieu thereof the following: the amount of the grant. who serve with, or accompany the ‘‘(c) COVERED PERSONS.—Section 1502 of this title applies in the case of the following ‘‘SEC. 235. RULE OF CONSTRUCTION. Armed Forces in the field under orders ‘‘Nothing in this subpart may be construed persons: and place their lives in danger, should ‘‘(1) Any member of the armed forces on to affect in any manner the jurisdiction of be entitled to the same protection that an Indian tribe with respect to land or per- active duty who becomes involuntarily ab- is given to uniformed soldiers. sent as a result of a hostile action, or under sons in Alaska. This bill also includes a provision circumstances suggesting that the involun- ‘‘SEC. 236. AUTHORIZATION OF APPROPRIATIONS. which requires that if remains are re- tary absence is a result of a hostile action, ‘‘There are authorized to be appropriated covered and are not identifiable and whose status is undetermined or who is to the Department of Justice to carry out unaccounted for. this subpart, $10,000,000 for each of fiscal through visual means, certification must be made by a forensic scientist ‘‘(2)(A) Any other person who is a citizen of years 1998 through 2001.’’. the United States and is described in sub- that the remains recovered are, in fact, paragraph (B) who serves with or accom- By Mr. CAMPBELL (for himself the missing person. In the past, hasty panies the armed forces in the field under or- and Mr. FORD): and speculative conclusions have often ders and becomes involuntarily absent as a S. 755. A bill to amend title 10, lead to misidentification and ulti- result of a hostile action, or under cir- United States Code, to restore the pro- mately, undue emotional hardship for cumstances suggesting that the involuntary visions of chapter 76 of that title (re- MIA families. It is our obligation to absence is a result of a hostile action, and lating to missing persons) as in effect take full advantage of our current whose status is undetermined or who is un- before the amendments made by the accounted for. technological capabilities and provide ‘‘(B) A person described in this subpara- National Defense Authorization Act for the families of missing service per- graph is any of the following: fiscal year 1997 and to make other im- sonnel with certain, respectful closure ‘‘(i) A civilian officer or employee of the provements to that chapter; to the in every case possible. Department of Defense. Committee on Armed Services. As a veteran who served in Korea, I ‘‘(ii) An employee of a contractor of the THE MISSING PERSONS AUTHORITIES am especially proud to also include an Department of Defense. IMPROVEMENT ACT additional provision that calls for the ‘‘(iii) An employee of a United States firm Mr. CAMPBELL. Mr. President, with establishment of personnel files for Ko- licensed by the United States under section the approach of Memorial Day, we are 38 of the Arms Export Control Act (22 U.S.C. rean conflict cases. Under this provi- 2778) to perform duties under contract with a reminded of the millions of American sion, if any new information is discov- foreign government involving military train- men and women who have dedicated ered that indicates that the soldier ing of the military forces of that government and sacrificed their lives in service to may not have been killed during the in accordance with policies of the Depart- the U.S. Armed Forces. And for far too Korean War, a new case must be opened ment of Defense.’’; and many, it is a day to remember those or an existing one must be reviewed. (B) by adding at the end the following new service members who have yet to re- There are currently some 8,000 of my subsection: ‘‘(f) SECRETARY CONCERNED.—In this chap- turn home from the wars they val- Korean war colleagues who have never ter, the term ‘Secretary concerned’ in- iantly fought many years ago. been accounted for. The recent efforts cludes— During the last Congress, we passed by the many families of Korean War ‘‘(1) in the case of a person covered by the Missing Service Personnel Act. MIA’s to learn the fate of their loved clause (i) of subsection (c)(2)(B), the Sec- Specifically, this bill created a frame- ones only reinforce the necessity for retary of the military department or head of work of accountability within the De- this provision. These families deserve the element of the Department of Defense partment of Defense to establish the our respect and attention. employing the employee; status and location of our missing ‘‘(2) in the case of a person covered by This legislation is supported by nu- clause (ii) of subsection (c)(2)(B), the Sec- Armed Forces personnel. Until this leg- merous veterans’ service organizations retary of the military department or head of islation was introduced in 1995, the pro- such as the American Legion, the Dis- the element of the Department of Defense cedures for handling missing service abled American Veterans, the Korean contracting with the contractor; and personnel had remained unchanged for and Cold War Families Association, ‘‘(3) in the case of a person covered by more than 50 years. This legislation and the National League of POW/MIA clause (iii) of subsection (c)(2)(B), the Sec- improved procedures for reviewing Families. retary of Defense.’’. POW/MIA cases and protected the miss- This bill asks the Department of De- (2) Section 1503(c) of such title is amend- ed— ing service member from being de- fense only to make the best possible ef- (A) in paragraph (1), by striking out ‘‘one clared dead solely based on the passage fort to recover and return our missing military officer’’ and inserting in lieu there- of time. Gathering 47 cosponsors in the personnel. It is the least we owe our of ‘‘one individual described in paragraph Senate and achieving unanimous pas- soldiers, past and present, who endan- (2)’’;

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4605 (B) by redesignating paragraphs (2) and (3) (iii) by adding at the end the following new subsequent appointments of a board under as paragraphs (3) and (4), respectively; and paragraph: paragraph (1)(B) shall be determined from (C) by inserting after paragraph (1) the fol- ‘‘(2) However, if the commander deter- the date of the receipt of such information. lowing new paragraph (2): mines that operational conditions resulting ‘‘(3) The Secretary is not required to ap- ‘‘(2) An individual referred to in paragraph from hostile action or combat constitute an point a board under paragraph (1) with re- (1) is the following: emergency that prevents timely reporting spect to the disappearance of any person— ‘‘(A) A military officer, in the case of an under paragraph (1)(B), the initial report ‘‘(A) more than 30 years after the initial inquiry with respect to a member of the should be made as soon as possible, but in no report of the disappearance of the missing armed forces. case later than ten days after the date on person required by section 1502(a) of this ‘‘(B) A civilian, in the case of an inquiry which the commander receives such informa- title; or with respect to a civilian employee of the tion under paragraph (1).’’; ‘‘(B) if, before the end of such 30-year pe- Department of Defense or of a contractor of (C) by redesignating subsection (b) as sub- riod, the missing person is accounted for.’’. the Department of Defense.’’. section (c); (d) PENALTIES FOR WRONGFUL WITHHOLDING (3) Section 1504(d) of such title is amend- (D) by inserting after subsection (a), as OF INFORMATION.—Section 1506 of such title ed— amended by subparagraphs (A) and (B), the is amended by adding at the end the fol- (A) in paragraph (1), by striking out ‘‘who following new subsection (b): lowing new subsection: are’’ and all that follows in that paragraph ‘‘(b) TRANSMISSION THROUGH THEATER COM- ‘‘(f) WRONGFUL WITHHOLDING.—Any person and inserting in lieu thereof ‘‘as follows: PONENT COMMANDER.—Upon reviewing a re- who (except as provided in subsections (a) ‘‘(A) In the case of a board that will in- port under subsection (a) recommending that through (d)) willfully withholds, or directs quire into the whereabouts and status of one a person be placed in a missing status, the the withholding of, any information relating or more members of the armed forces (and no theater component commander shall ensure to the disappearance or whereabouts and sta- civilians described in subparagraph (B)), the that all necessary actions are being taken, tus of a missing person from the personnel board shall be composed of officers having and all appropriate assets are being used, to file of that missing person, knowing that the grade of major or lieutenant commander resolve the status of the missing person. Not such information is required to be placed in or above. later than 14 days after receiving the report, the personnel file of the missing person, ‘‘(B) In the case of a board that will inquire the theater component commander shall for- shall be fined as provided in title 18 or im- into the whereabouts and status of one or ward the report to the Secretary of Defense prisoned not more than one year, or both.’’. more civilian employees of the Department or the Secretary concerned in accordance (e) INFORMATION TO ACCOMPANY REC- of Defense or contractors of the Department with procedures prescribed under section OMMENDATION OF STATUS OF DEATH.—Section of Defense (and no members of the armed 1501(b) of this title. The theater component 1507(b) of such title is amended by adding at forces), the board shall be composed of— commander shall include with such report a the end the following new paragraphs: ‘‘(i) not less than three employees of the certification that all necessary actions are ‘‘(3) A description of the location of the Department of Defense whose rate of annual being taken, and all appropriate assets are body, if recovered. pay is equal to or greater than the rate of being used, to resolve the status of the miss- ‘‘(4) If the body has been recovered and is annual pay payable for grade GS–13 of the ing person.’’; and not identifiable through visual means, a cer- General Schedule under section 5332 of title (E) in subsection (c), as redesignated by tification by a practitioner of an appropriate 5; and subparagraph (C), by adding at the end the forensic science that the body recovered is ‘‘(ii) such members of the armed forces as following new sentence: ‘‘The theater compo- that of the missing person.’’. the Secretary considers advisable. nent commander through whom the report (f) MISSING PERSON’S COUNSEL.—(1) Sec- ‘‘(C) In the case of a board that will inquire with respect to the missing person is trans- tions 1503(f)(1) and 1504(f)(1) of such title are into the whereabouts and status of both one mitted under subsection (b) shall ensure that amended by adding at the end the following: or more members of the armed forces and all pertinent information relating to the ‘‘The identity of counsel appointed under one or more civilians described in subpara- whereabouts and status of the missing per- this paragraph for a missing person shall be graph (B)— son that results from the preliminary assess- made known to the missing person’s primary ‘‘(i) the board shall include at least one of- ment or from actions taken to locate the next of kin and any other previously des- ficer described in subparagraph (A) and at person is properly safeguarded to avoid loss, ignated person of the person.’’. least one employee of the Department of De- damage, or modification.’’. (2) Section 1503(f)(4) of such title is amend- fense described in subparagraph (B)(i); and (2) Section 1503(a) of such title is amended ed by adding at the end the following: ‘‘The ‘‘(ii) the ratio of such officers to such em- by striking out ‘‘section 1502(a)’’ and insert- primary next of kin of a missing person and ployees on the board shall be roughly propor- ing in lieu thereof ‘‘section 1502(b)’’. any other previously designated person of tional to the ratio of the number of members (3) Section 1504 of such title is amended by the missing person shall have the right to of the armed forces who are subjects of the striking out ‘‘section 1502(a)(2)’’ in sub- submit information to the missing person’s board’s inquiry to the number of civilians sections (a), (b), and (e)(1) and inserting in counsel relative to the disappearance or sta- who are subjects of the board’s inquiry.’’; lieu thereof ‘‘section 1502(a)’’. tus of the missing person.’’. and (4) Section 1513 of such title is amended by (3) Section 1505(c)(1) is amended by adding (B) in paragraph (4), by striking out ‘‘sec- adding at the end the following new para- at the end the following: ‘‘The Secretary tion 1503(c)(3)’’ and inserting in lieu thereof graph: concerned shall appoint counsel to represent ‘‘section 1503(c)(4)’’. ‘‘(8) The term ‘theater component com- any such missing person to whom such infor- (4) Paragraph (1) of section 1513 of such mander’ means, with respect to any of the mation may be related. The appointment title is amended to read as follows: combatant commands, an officer of any of shall be in the same manner, and subject to ‘‘(1) The term ‘missing person’ means— the armed forces who (A) is commander of all the same provisions, as an appointment ‘‘(A) a member of the armed forces on ac- forces of that armed force assigned to that under section 1504(f)(1) of this title.’’. tive duty who is in a missing status; or combatant command, and (B) is directly sub- (g) SCOPE OF PREENACTMENT REVIEW.—(1) ‘‘(B) a civilian employee of the Department ordinate to the commander of the combatant Section 1509 of such title is amended by of Defense or an employee of a contractor of command.’’. striking out subsection (a) and inserting in the Department of Defense who serves with (c) FREQUENCY OF SUBSEQUENT REVIEWS.— lieu thereof the following: or accompanies the armed forces in the field Subsection (b) of section 1505 of such title is ‘‘(a) REVIEW OF STATUS.—(1) If new infor- under orders and who is in a missing status. amended to read as follows: mation is found or received that may be re- Such term includes an unaccounted for per- ‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.— lated to one or more unaccounted for persons son described in section 1509(b) of this title, (1) In the case of a missing person who was described in subsection (b) (whether or not under the circumstances specified in the last last known to be alive or who was last sus- such information specifically relates (or may sentence of section 1509(a) of this title.’’. pected of being alive, the Secretary shall ap- specifically relate) to any particular such (b) REPORT ON PRELIMINARY ASSESSMENT OF point a board to conduct an inquiry with re- unaccounted for person), that information STATUS.—(1) Section 1502 of such title is spect to a person under this subsection— shall be provided to the Secretary of De- amended— ‘‘(A) on or about three years after the date fense. Upon receipt of such information, the (A) in subsection (a)(2)— of the initial report of the disappearance of Secretary shall ensure that the information (i) by striking out ‘‘10 days’’ and inserting the person under section 1502(a) of this title; is treated under paragraphs (2) and (3) of sec- in lieu thereof ‘‘48 hours’’; and and tion 1505(c) of this title and under section (ii) by striking out ‘‘Secretary concerned’’ ‘‘(B) not later than every three years 1505(d) of this title in the same manner as in- and inserting in lieu thereof ‘‘theater compo- thereafter. formation received under paragraph (1) of nent commander with jurisdiction over the ‘‘(2) In addition to appointment of boards section 1505(c) of this title. For purposes of missing person’’; under paragraph (1), the Secretary shall ap- the applicability of other provisions of this (B) in subsection (a), as amended by sub- point a board to conduct an inquiry with re- chapter in such a case, each such unac- paragraph (A)— spect to a missing person under this sub- counted for person to whom the new infor- (i) by redesignating paragraphs (1) and (2) section upon receipt of information that mation may be related shall be considered to as subparagraphs (A) and (B), respectively; could result in a change of status of the be a missing person. (ii) by inserting ‘‘(1)’’ after ‘‘COMMANDER.— missing person. When the Secretary appoints ‘‘(2) The Secretary concerned shall appoint ’’; and a board under this paragraph, the time for counsel to represent each such unaccounted

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4606 CONGRESSIONAL RECORD — SENATE May 15, 1997 for person to whom the new information may dren under 6 years of age; to the Com- one study found that 40 percent of the be related. The appointment shall be in the mittee on Labor and Human Resources. facilities at child care centers serving same manner, and subject to the same provi- infants provided care of such poor qual- sions, as an appointment under section f ity as to actually jeopardize children’s 1504(f)(1) of this title. THE EARLY CHILDHOOD health, safety, or development. ‘‘(3) For purposes of this subsection, new DEVELOPMENT ACT information is information that— Third, in more than half of the ‘‘(A) is found or received after the date of Mr. KERRY. Mr. President, no issue States, one out of every four children the enactment of the Missing Persons Im- is more important in America than fo- between 19 months and 3 years of age is provement Act of 1997 by a United States in- cusing on the urgent needs of young not fully immunized against common telligence agency, by a Department of De- children. This country must rededicate childhood diseases. Children who are fense agency, or by a person specified in sec- itself to investing in children, an in- tion 1504(g) of this title; or not immunized are more likely to con- vestment which will have tremendous tact preventable diseases, which can ‘‘(B) is identified after the date of the en- returns. Early intervention can have a actment of the Missing Persons Improve- cause long-term harm. ment Act of 1997 in records of the United powerful effect on reducing govern- And fourth, children younger than 3 States as information that could be relevant ment welfare, health, criminal justice, make up 27 percent of the 1 million to the case of one or more unaccounted for and education expenditures in the long children who are determined to be persons described in subsection (b).’’. run. By taking steps now we can sig- abused or neglected each year. Of the (2) Such section is further amended by add- nificantly reduce later destructive be- 1,200 children who died from abuse and ing at the end the following new subsection: havior such as school dropout, drug neglect in 1995, 85 percent were younger ‘‘(d) ESTABLISHMENT OF PERSONNEL FILES use, and criminal acts. A study of the FOR KOREAN CONFLICT CASES.—The Secretary than 5 and 45 percent were younger of Defense shall ensure that a personnel file High/Scope Foundation’s Perry Pre- than 1. is established for each unaccounted for per- school found that at-risk toddlers who Unfortunately, Mr. President, our son who is described in subsection (b)(1). received preschooling and a weekly Government expenditure patterns are Each such file shall be handled in accordance home visit reduced the risk that these inverse to the most important early de- with, and subject to the provisions of, sec- children would grow up to become tion 1506 of this title in the same manner as velopment period for human beings. Al- chronic lawbreakers by a startling 80 though we know that early investment applies to the file of a missing person.’’. percent. The Syracuse University fam- (h) WITHHOLDING OF CLASSIFIED INFORMA- can dramatically reduce later remedial TION.—Section 1506(b) of such title is amend- ily development study showed that pro- and social costs, currently our Nation ed— viding quality early childhood pro- spends more than $35 billion over 5 (1) by inserting ‘‘(1)’’ before ‘‘The Sec- grams to families until children years on Federal programs for at-risk retary’’; reached age 5 reduces the children’s or delinquent youth and child welfare (2) by redesignating paragraphs (1) and (2) risk of delinquency 10 years later by 90 as subparagraphs (A) and (B), respectively; programs. percent. It’s no wonder that a recent Today we seek to change our prior- and survey of police chiefs found that 9 out (3) by adding at the end the following: ities and put children first. I am intro- ‘‘(2) If classified information withheld of 10 said that America could sharply ducing the Early Childhood Develop- under this subsection refers to one or more reduce crime if government invested ment Act of 1997 to help empower local unnamed missing persons, the Secretary more in these early intervention pro- communities to provide essential inter- shall ensure that notice of that withheld in- grams. ventions in the lives of our youngest formation, and notice of the date of the most These programs are successful be- at-risk children and their families. I recent review of the classification of that cause children’s experiences during am delighted that Senators ROCKE- withheld information, is made reasonably their early years of life lay the founda- FELLER, MURRAY, KENNEDY, HOLLINGS, accessible to family members of missing per- tion for their future development. Our sons.’’. WELLSTONE, MOSELEY-BRAUN, and HAR- failure to provide young children what (i) WITHHOLDING OF PRIVILEGED INFORMA- KIN are joining me as cosponsors of this they need during this period has long- TION.—Section 1506(d) of such title is amend- bill. ed— term consequences and costs for Amer- This legislation seeks to provide sup- (1) in paragraph (2)— ica. Recent scientific evidence conclu- port to families by minimizing Govern- (A) by striking out ‘‘non-derogatory’’ both sively demonstrates that enhancing ment bureaucracy and maximizing places it appears in the first sentence; children’s physical, social, emotional, local initiatives. We would provide ad- (B) by inserting ‘‘or about unnamed miss- and intellectual development will re- ing persons’’ in the first sentence after ‘‘the ditional funding to communities to ex- sult in tremendous benefits for chil- debriefing report’’; pand the thousands of successful ef- dren, families, and our Nation. The (C) by striking out ‘‘the missing person’’ in forts for at-risk children ages zero to electrical activity of brain cells actu- the second sentence and inserting in lieu six such as those sponsored by the ally changes the physical structure of thereof ‘‘each missing person named in the United Way, Boys and Girls Clubs, and debriefing report’’; and the brain itself. Without a stimulating (D) by adding at the end the following new environment, the baby’s brain suffers. other less well-known grassroots orga- sentence: ‘‘Any information contained in the At birth, a baby’s brain contains 100 nizations, as well as State initiatives extract of the debriefing report that pertains billion neurons, roughly as many nerve such as Success By Six in Massachu- to unnamed missing persons shall be made cells as there are stars in the Milky setts and Vermont, the Parents as reasonably accessible to family members of Way. But the wiring pattern between Teachers Program in Missouri, Healthy missing persons.’’; and Families in Indiana, and the Early (2) in paragraph (3)— these neurons develops over time. Chil- dren who play very little or are rarely Childhood Initiative in Pittsburgh, PA. (A) by inserting ‘‘, or part of a debriefing All are short on resources. And no- report,’’ after ‘‘a debriefing report’’; and touched develop brains 20 to 30 percent (B) by adding at the end the following new smaller than normal for their age. where do we adequately meet demand sentence: ‘‘Whenever the Secretary with- Mr. President, reversing these prob- although we know that many States holds a debriefing report, or part of a debrief- lems later in life is far more difficult and local communities deliver effi- ing report, containing information on and costly. I want to discuss several cient, cost-effective, and necessary unnamed missing persons from accessibility examples. services. Extending the reach of these to families of missing persons under this sec- First, poverty seriously impairs successful programs to millions of chil- tion, the Secretary shall ensure that notice young children’s language develop- dren currently underserved will in- that the withheld debriefing report exists is crease our national well-being and ulti- made reasonably accessible to family mem- ment, math skills, IQ scores, and their bers of missing persons.’’. later school completion. Poor young mately save billions of dollars. children also are at heightened risk of The second part of this bill would By Mr. KERRY (for himself, Mr. infant mortality, anemia, and stunted provide funding to States to help them ROCKEFELLER, Mrs. MURRAY, growth. Of the 12 million children provide a subsidy to all working poor Mr. KENNEDY, Mr. HOLLINGS, under the age of 3 in the United States families to purchase quality child care Mr. WELLSTONE, Ms. MOSELEY- today, 3 million—25 percent—live in for infants, toddlers, and preschool BRAUN, and Mr. HARKIN): poverty. children. We would not create a new S. 756. A bill to provide for the Second, three out of five mothers program but would simply increase re- health, education, and welfare of chil- with children younger than 3 work, but sources for the successful Child Care

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4607 and Development Block Grant There being no objection, the bill was smaller proportion of babies immunized (CCDBG). Child care for infants and ordered to be printed in the RECORD, as against childhood diseases. toddlers is much more expensive than follows: (7) National and local studies have found a strong link between increased violence and for older children since a higher level S. 756 of care is necessary. Additional funding crime among youth when there is no early Be it enacted by the Senate and House of Rep- intervention. would also pay for improving the sala- resentatives of the United States of America in (8) The United States will spend more than ries and training level of child care Congress assembled, $35,000,000,000 over the next 5 years on Fed- workers, improving the facilities of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. eral programs for at-risk or delinquent child care centers and family child care (a) SHORT TITLE.—This Act may be cited as youth and child welfare programs, which ad- homes, and providing enriched develop- the ‘‘Early Childhood Development Act of dress crisis situations which frequently mentally appropriate educational op- 1997’’. could be avoided or made much less severe portunities. (b) TABLE OF CONTENTS.—The table of con- with good early interventions. The bill would also establish a schol- tents of this Act is as follows: (9) Many local communities across the arship fund for child care workers who Sec. 1. Short title; table of contents. country have developed successful early earn a degree in early childhood devel- Sec. 2. Findings. childhood efforts and with additional re- sources could expand and enhance opportuni- TITLE I—ASSISTANCE FOR YOUNG opment and then work with infants and ties for young children. toddlers in child care settings for 2 CHILDREN TITLE I—ASSISTANCE FOR YOUNG years. Child care providers now are un- Sec. 101. Definitions. CHILDREN derpaid and frequently receive inad- Sec. 102. Allotments to States. Sec. 103. Grants to local collaboratives. SEC. 101. DEFINITIONS. equate training, which causes higher In this title: turnover and lower quality care for Sec. 104. Supplement not supplant. Sec. 105. Authorization of appropriations. (1) POVERTY LINE.—The term ‘‘poverty children. line’’ means the poverty line (as defined by The bill would also expand the uses TITLE II—CHILD CARE FOR FAMILIES the Office of Management and Budget, and of time allowed under the Family and Sec. 201. Amendment to Child Care and De- revised annually in accordance with section Medical Leave Act [FMLA] to promote velopment Block Grant Act of 673(2) of the Community Services Block parental involvement in schools and 1990. Grant Act (42 U.S.C. 9902(2)) applicable to a child care centers. Parents or guard- TITLE III—LOAN REPAYMENT FOR CHILD family of the size involved. ians would be allowed to use up to 24 CARE WORKERS (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human hours per year of FMLA time to par- Sec. 301. Loan repayment for child care workers. Services. ticipate in school and center activities (3) STATE BOARD.—The term ‘‘State board’’ TITLE IV—FULL FUNDING FOR THE such as parent-teacher conferences, means a State Early Learning Coordinating WOMEN, INFANTS, AND CHILDREN PRO- interviewing for a new school or child Board established under section 102(c). GRAM care center, and getting an assessment (4) YOUNG CHILD.—The term ‘‘young child’’ for services in a family literacy pro- Sec. 401. Full funding for the women, in- means an individual who is under 6 years of gram. This leave would be within the fants, and children program. age. maximum 12 weeks of time currently TITLE V—AMENDMENTS TO THE HEAD (5) YOUNG CHILD ASSISTANCE ACTIVITIES.— allowed under the FMLA. START ACT The term ‘‘young child assistance activities’’ Sec. 501. Authorization of appropriations. means the activities described in section Finally, the bill would increase fund- 103(b). ing for the Early Head Start Program. Sec. 502. Allotment of funds. Sec. 503. Effective date. SEC. 102. ALLOTMENTS TO STATES. The successful Head Start Program (a) IN GENERAL.—The Secretary shall make provides quality services to 4- and 5- TITLE VI—SCHOOL INVOLVEMENT LEAVE allotments under subsection (b) to eligible year-olds. The Early Head Start Pro- States to pay for the Federal share of the gram, which currently is a modest pro- Sec. 601. Short title. cost of enabling the States to make grants gram funded at $200 million annually, Sec. 602. General requirements for leave. to local collaboratives under section 103 for Sec. 603. School involvement leave for civil young child assistance activities. provides comprehensive child develop- service employees. ment and family support services to in- (b) ALLOTMENT.— Sec. 604. Effective date. (1) IN GENERAL.—From the funds appro- fants and toddlers. Expanding this pro- SEC. 2. FINDINGS. priated under section 105 for each fiscal year, gram would help more young children Congress makes the following findings— the Secretary shall allot to each eligible receive the early assistance they need. (1) The Nation’s highest priority should be State an amount that bears the same rela- I was delighted to be joined yester- to ensure that children begin school ready to tionship to such funds as the total number of day by Governor Dean of Vermont and learn. young children in poverty in the State bears Governor Romer of Colorado in an- (2) New scientific research shows that the to the total number of young children in nouncing this legislation. I also am electrical activity of brain cells actually poverty in all eligible States. happy to have a wide range of groups changes the physical structure of the brain (2) YOUNG CHILD IN POVERTY.—In this sub- and individuals endorsing this bill in- itself and that without a stimulating envi- section, the term ‘‘young child in poverty’’ ronment, a baby’s brain will suffer. At birth, cluding the Association of Jewish Fam- means an individual who— a baby’s brain contains 100,000,000,000 neu- (A) is a young child; and ily and Children’s Agencies, Boys and rons, roughly as many nerve cells as there (B) is a member of a family with an income Girls Clubs of America, Catholic Char- are stars in the Milky Way. But the wiring below the poverty line. ities USA, Children’s Defense Fund, pattern between these neurons develops over (c) STATE BOARDS.— Child Welfare League of America, Coa- time. Children who play very little or are (1) IN GENERAL.—In order for a State to be lition on Human Needs, Jewish Council rarely touched develop brains that are 20 to eligible to obtain an allotment under this for Public Affairs, National Black 30 percent smaller than normal for their age. title, the Governor of the State shall estab- Child Development Institute, Inc., Na- (3) This scientific evidence also conclu- lish, or designate an entity to serve as, a tional Center for the Early Childhood sively demonstrates that enhancing chil- State Early Learning Coordinating Board, dren’s physical, social, emotional, and intel- which shall receive the allotment and make Work Force, National Council of lectual development will result in tremen- the grants described in section 103. Churches of Christ in the USA, Reli- dous benefits for children, families, and our (2) ESTABLISHED BOARD.—A State board es- gious Action Center of Reform Juda- Nation. tablished under paragraph (1) shall consist of ism, and Rob Reiner of the I Am Your (4) Since more than 50 percent of the moth- the Governor and members appointed by the Child Campaign. ers of children under the age of 3 now work Governor, including— Children need certain supports dur- outside of the home, our society must (A) representatives of all State agencies ing their early critical years if they are change to provide new supports so young primarily providing services to young chil- to thrive and grow to be contributing children receive the attention and care that dren in the State; adults. I look forward to working with they need. (B) representatives of business in the both sides of the aisle to pass this leg- (5) There are 12,000,000 children under the State; age of 3 in the United States today and 1 in (C) chief executive officers of political sub- islation and ensure that all children ar- 4 lives in poverty. divisions in the State; rive at school ready to learn. (6) Compared with most other industri- (D) parents of young children in the State; Mr. President, I ask unanimous con- alized countries, the United States has a (E) officers of community organizations sent that the full text of the bill be higher infant mortality rate, a higher pro- serving low-income individuals, as defined by printed in the RECORD. portion of low-birth weight babies, and a the Secretary, in the State;

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(F) representatives of State nonprofit orga- (g) MONITORING.—The Secretary shall mon- (C) representatives of the local government nizations that represent the interests of itor the activities of States that receive al- for the county or other political subdivision young children in poverty, as defined in sub- lotments under this title to ensure compli- in which the community is located; section (b), in the State; and ance with the requirements of this title, in- (D) parents of young children in the com- (G) representatives of organizations pro- cluding compliance with the State plans. munity; viding services to young children and the (h) ENFORCEMENT.—If the Secretary deter- (E) officers of community organizations parents of young children, such as organiza- mines that a State that has received an al- serving low-income individuals, as defined by tions providing child care, carrying out Head lotment under this title is not complying the Secretary, in the community; Start programs under the Head Start Act (42 with a requirement of this title, the Sec- (F) community-based organizations pro- U.S.C. 9831 et seq.), providing services retary may— viding services to young children and the through a family resource center, providing (1) provide technical assistance to the parents of young children, such as organiza- home visits, or providing health care serv- State to improve the ability of the State to tions providing child care, carrying out Head ices, in the State. comply with the requirement; Start programs, or providing pre-kinder- (3) DESIGNATED BOARD.—The Governor may (2) reduce, by not less than 5 percent, an garten education, mental health, or family designate an entity to serve as the State allotment made to the State under this sec- support services; and board under paragraph (1) if the entity in- tion, for the second determination of non- (G) nonprofit organizations that serve the cludes the Governor and the members de- compliance; community and that are described in section scribed in subparagraphs (A) through (G) of (3) reduce, by not less than 25 percent, an 501(c)(3) of the Internal Revenue Code of 1986 paragraph (2). allotment made to the State under this sec- and exempt from taxation under section (d) APPLICATION.—To be eligible to receive tion, for the third determination of non- 501(a) of such Code. an allotment under this title, a State board compliance; or (d) APPLICATION.—To be eligible to receive shall annually submit an application to the (4) revoke the eligibility of the State to re- a grant under this section, a local collabo- Secretary at such time, in such manner, and ceive allotments under this section, for the rative shall submit an application to the containing such information as the Sec- fourth or subsequent determination of non- State board at such time, in such manner, retary may require. At a minimum, the ap- compliance. and containing such information as the plication shall contain— SEC. 103. GRANTS TO LOCAL COLLABORATIVES. State board may require. At a minimum, the (1) sufficient information about the entity (a) IN GENERAL.—A State board that re- application shall contain— established or designated under subsection ceives an allotment under section 102 shall (1) sufficient information about the entity (c) to serve as the State board to enable the use the funds made available through the al- described in subsection (c)(2) to enable the Secretary to determine whether the entity lotment, and the State contribution made State board to determine whether the entity complies with the requirements of such sub- under section 102(e)(2), to pay for the Federal complies with the requirements of such sub- section; and State shares of the cost of making section; and (2) a comprehensive State plan for carrying grants, on a competitive basis, to local (2) a comprehensive plan for carrying out out young child assistance activities; collaboratives to carry out young child as- young child assistance activities in the com- (3) an assurance that the State board will sistance activities. munity, including information indicating— provide such information as the Secretary (b) USE OF FUNDS.—A local collaborative (A) the young child assistance activities shall by regulation require on the amount of that receives a grant made under subsection available in the community, as of the date of State and local public funds expended in the (a) shall use the funds made available submission of the plan, including informa- State to provide services for young children; through the grant to provide, in a commu- tion on efforts to coordinate the activities; and nity, activities that consist of— (B) the unmet needs of young children, and (4) an assurance that the State board shall (1) education and supportive services, such parents of young children, in the community annually compile and submit to the Sec- as— for young child assistance activities; retary information from the reports referred (A) home visits for parents of young chil- (C) the manner in which funds made avail- to in section 103(d)(2)(F)(iii) that describes dren; able through the grant will be used— the results referred to in section (B) services provided through community- (i) to meet the needs, including expanding 103(d)(2)(F)(i). based family resource centers for such par- and strengthening the activities described in (e) FEDERAL SHARE.— ents; subparagraph (A) and establishing additional (1) IN GENERAL.—The Federal share of the (C) drug treatment services for such par- young child assistance activities; and cost described in subsection (a) shall be— ents; and (ii) to improve results for young children (A) 85 percent, in the case of a State for (D) collaborative pre-school efforts that in the community; which the Federal medical assistance per- link parenting education for such parents to (D) how the local cooperative will use at centage (as defined in section 1905(b) of the early childhood learning services for young least 3⁄4 of the funds made available through Social Security Act (42 U.S.C. 1396d(b))) is children; the grant to provide young child assistance not less than 50 percent but is less than 60 (2) activities designed to strengthen the activities to young children and parents de- percent; quality of child care for young children and scribed in subsection (e); (B) 87.5 percent, in the case of a State for expand the supply of high quality child care (E) the comprehensive methods that the which such percentage is not less than 60 services for young children; collaborative will use to ensure that— percent but is less than 70 percent; and (3) health care services for young children, (i) each entity carrying out young child as- (C) 90 percent, in the case of any State not including increasing the level of immuniza- sistance activities through the collaborative described in subparagraph (A) or (B). tion for young children in the community, will coordinate the activities with such ac- (2) STATE SHARE.— providing preventive health care screening tivities carried out by other entities through (A) IN GENERAL.—The State shall con- and education, and expanding health care the collaborative; and tribute the remaining share (referred to in services in schools, child care facilities, clin- (ii) the local collaborative will coordinate this paragraph as the ‘‘State share’’) of the ics in public housing projects (as defined in the activities of the local collaborative cost described in subsection (a). section 3(b) of the United States Housing Act with— (B) FORM.—The State share of the cost of 1937 (42 U.S.C. 1437a(b))), and mobile dental (I) other services provided to young chil- shall be in cash. and vision clinics; dren, and the parents of young children, in (C) SOURCES.—The State may provide for (4) services for children with disabilities the community; and the State share of the cost from State or who are young children; and (II) the activities of other local local sources, or through donations from pri- (5) activities designed to assist schools in collaboratives serving young children and vate entities. providing support to young children, and families in the community, if any; and (f) STATE ADMINISTRATIVE COSTS.— parents of young children, in the commu- (F) the manner in which the collaborative (1) IN GENERAL.—A State may use not more nity, to be carried out during extended hours will, at such intervals as the State board than 5 percent of the funds made available when appropriate. may require, submit information to the through an allotment made under this title (c) LOCAL COLLABORATIVES.—To be eligible State board to enable the State board to to pay for a portion, not to exceed 50 per- to receive a grant under this section for a carry out monitoring under section 102(f), in- cent, of State administrative costs related to community, a local collaborative shall dem- cluding the manner in which the collabo- carrying out this title. onstrate that the collaborative— rative will— (2) WAIVER.—A State may apply to the Sec- (1) has the capacity to provide, through a (i) evaluate the results achieved by the col- retary for a waiver of paragraph (1). The Sec- coordinated effort, young child assistance laborative for young children and parents of retary may grant the waiver if the Secretary activities to young children, and parents of young children through activities carried finds that unusual circumstances prevent young children, in the community; and out through the grant; the State from complying with paragraph (2) includes— (ii) evaluate how services can be more ef- (1). A State that receives such a waiver may (A) all public agencies primarily providing fectively delivered to young children and the use not more than 7.5 percent of the funds services to young children in the commu- parents of young children; and made available through the allotment to pay nity; (iii) prepare and submit to the State board for the State administrative costs. (B) businesses in the community; annual reports describing the results; and

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4609 (3) an assurance that the local collabo- portion to the original allotments to the ‘‘(B) permit States to adjust rates above rative will comply with the requirements of other States. the market rates to ensure that families subparagraphs (D), (E), and (F) of paragraph ‘‘(B) LIMITATIONS.— have access to high quality infant and tod- (2), and subsection (f). ‘‘(i) REDUCTION.—The amount of any real- dler care; and (e) DISTRIBUTION.—In making grants under lotment to which a State is entitled to under ‘‘(C) encourage States to provide addi- this section, the State board shall ensure subparagraph (A) shall be reduced to the ex- tional assistance on behalf of children for en- that at least 3⁄4 of the funds made available tent that it exceeds the amount that the riched infant and toddler services. through each grant are used to provide the Secretary estimates will be used in the State ‘‘(2) AMOUNT OF ASSISTANCE.—In providing young child assistance activities to young to carry out the activities described in sub- assistance to eligible children under this sec- children (and parents of young children) who section (b). tion, a State shall ensure that an eligible are members of a family with an income ‘‘(ii) REALLOTMENTS.—The amount of such child with a family income that is less than below 133 percent of the poverty line. reduction shall be similarly reallotted 100 percent of the poverty line for a family of (f) LOCAL SHARE.— among States for which no reduction in an the size involved is eligible to receive 100 (1) IN GENERAL.—The local collaborative allotment or reallotment is required by this percent of the amount of the assistance for shall contribute a percentage (referred to in paragraph. which the child is eligible. this subsection as the ‘‘local share’’) of the ‘‘(C) INDIAN TRIBES OR TRIBAL ORGANIZA- ‘‘(d) APPROPRIATION.—For grants under cost of carrying out the young child assist- TIONS.—Any portion of a grant made to an this section, there are appropriated— ance activities. Indian tribe or tribal organization under ‘‘(1) $500,000,000 for fiscal year 1998; (2) PERCENTAGE.—The Secretary shall by paragraph (2) that the Secretary determines ‘‘(2) $1,000,000,000 for fiscal year 1999; regulation specify the percentage referred to is not being used in a manner consistent ‘‘(3) $2,000,000,000 for fiscal year 2000; in paragraph (1). with subsection (b) in the period for which ‘‘(4) $3,000,000,000 for fiscal year 2001; and (3) FORM.—The local share of the cost shall the grant or contract is made available, shall ‘‘(5) $4,000,000,000 for fiscal year 2002 and be in cash. be allotted by the Secretary to other tribes each fiscal year thereafter. (4) SOURCE.—The local collaborative shall or organizations in accordance with their re- ‘‘(e) REPORT.—Not later than 1 year after provide for the local share of the cost spective needs. the date of enactment of this section, the through donations from private entities. ‘‘(5) AVAILABILITY.—Amounts received by a Secretary shall prepare and submit to the (5) WAIVER.—The State board may waive State under a grant under this section shall appropriate committees of Congress a report the requirement of paragraph (1) for dis- be available for use by the State during the concerning— advantaged communities, as defined by the fiscal year for which the funds are provided ‘‘(1) the appropriate child to staff ratios for Secretary. and for the following 2 fiscal years. infants and toddlers in child care settings, (g) MONITORING.—The State board shall ‘‘(b) USE OF FUNDS.— including child care centers and family child monitor the activities of local collaboratives ‘‘(1) IN GENERAL.—Amounts received by a care homes; and that receive grants under this title to ensure State under this section shall be used to pro- ‘‘(2) other best practices for infant and tod- compliance with the requirements of this vide child care assistance, on a sliding fee dler care. title. scale basis, on behalf of eligible children (as ‘‘(f) APPLICATION OF OTHER REQUIRE- determined under paragraph (2)) to enable SEC. 104. SUPPLEMENT NOT SUPPLANT. MENTS.— the parents of such children to secure high Funds appropriated under this title shall ‘‘(1) STATE PLAN.—The State, as part of the quality care for such children. be used to supplement and not supplant State plan submitted under section 658E(c), ‘‘(2) ELIGIBILITY.—To be eligible to receive other Federal, State, and local public funds shall describe the activities that the State child care assistance from a State under this expended to provide services for young chil- intends to carry out using amounts received section, a child shall— dren. under this section, including a description of ‘‘(A) be under 6 years of age; the levels of assistance to be provided. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) be residing with at least one parent There are authorized to be appropriated to ‘‘(2) OTHER REQUIREMENTS.—Amounts pro- who is employed or enrolled in a school or vided to a State under this section shall be carry out this title $1,000,000,000 for fiscal training program or otherwise requires child year 1998, $1,000,000,000 for fiscal year 1999, subject to the requirements and limitations care as a preventive or protective service (as of this subchapter except that section $2,000,000,000 for fiscal year 2000, $3,000,000,000 determined under rules established by the for fiscal year 2001, and $4,000,000,000 for fis- 658E(c)(3), 658F, 658G, 658J, and 658O shall not Secretary); and apply.’’. cal year 2002 and each subsequent fiscal year. ‘‘(C) have a family income that is less than TITLE II—CHILD CARE FOR FAMILIES 85 percent of the State median income for a TITLE III—LOAN REPAYMENT FOR CHILD CARE WORKERS SEC. 201. AMENDMENT TO CHILD CARE AND DE- family of the size involved. VELOPMENT BLOCK GRANT ACT OF ‘‘(3) INFANT CARE SET-ASIDE.—A State shall SEC. 301. LOAN REPAYMENT FOR CHILD CARE 1990. set-aside 10 percent of the amounts received WORKERS. The Child Care and Development Block by the State under a grant under subsection Part A of title IV of the Higher Education Grant Act of 1990 is amended by inserting (a)(1) for a fiscal year for the establishment Act of 1965 (20 U.S.C. 1070 et seq.) is amended after section 658C (42 U.S.C. 9858b) the fol- of a program to establish new models of in- by striking the heading for subpart 7 and in- lowing: fant and toddler care, including models for— serting after subpart 6 (20 U.S.C. 1070d–31 et ‘‘SEC. 658C-1. ESTABLISHMENT OF ZERO TO SIX ‘‘(A) the development of family child care seq.) the following: PROGRAM. networks; ‘‘SUBPART 7—LOAN REPAYMENT FOR CHILD ‘‘(a) IN GENERAL.— ‘‘(B) the training of child care providers for CARE WORKERS ‘‘(1) PAYMENTS.—Subject to the amount ap- infant and toddles care; ‘‘SEC. 420. LOAN REPAYMENT FOR CHILD CARE propriated under subsection (d), each State ‘‘(C) securing higher level of compensation WORKERS. shall, for the purpose of providing child care for providers of infant and toddler care; and ‘‘(a) LOAN REPAYMENT PROGRAM.— assistance on behalf of children under 6 years ‘‘(D) the support, renovation, and mod- ‘‘(1) IN GENERAL.—From amounts appro- of age, receive payments under this section ernization of facilities used for child care priated under subsection (f), the Secretary in accordance with the formula described in programs serving infants. shall carry out a program of assuming the section 658O. ‘‘(4) POVERTY LINE.—As used in this sub- obligation to repay a loan made, insured or ‘‘(2) INDIAN TRIBES.—The Secretary shall section, the term ‘‘poverty line’’ means the guaranteed under part B or part D (excluding reserve 2 percent of the amount appropriated income official poverty line (as defined by loans made under section 428A, 428B, or 428C) to carry out this section in each fiscal year the Office of Management and Budget, and for any borrower who— for payments to Indian tribes and tribal or- revised annually in accordance with section ‘‘(A) is awarded an associate degree, or a ganizations. 673(2) of the Omnibus Budget Reconciliation baccalaureate or graduate degree, in early ‘‘(3) REMAINDER.—Any amount appro- Act of 1981) that is applicable to a family of childhood development; and priated for a fiscal year under subsection (d), the size involved. ‘‘(B) is employed, for not less than 2 years, and remaining after the Secretary awards ‘‘(c) LEVELS OF ASSISTANCE.— in a child care facility serving low-income grants under paragraph (1) and after the res- ‘‘(1) IN GENERAL.—The Secretary shall pro- children who are primarily age birth through ervation under paragraph (2), shall be used mulgate regulations to ensure that the levels 3. by the Secretary to make additional grants of assistance provided by States on behalf of ‘‘(2) MAXIMUM AMOUNT.—The Secretary to States based on the formula under para- eligible children under this section are, sub- shall determine the maximum amount of graph (1). ject to paragraph (2), adequate to provide loans that may be repayed under this sec- ‘‘(4) REALLOTMENT.— parents with the ability to select a high tion. ‘‘(A) IN GENERAL.—Any portion of the allot- quality provider of care of their child. Such ‘‘(3) REGULATIONS.—The Secretary is au- ment under paragraph (1) to a State that the regulations shall, to the maximum extent thorized to issue such regulations as may be Secretary determines is not required by the practicable— necessary to carry out this section. State to carry out the activities described in ‘‘(A) ensure that States provide assistance ‘‘(b) LOAN REPAYMENT.— subsection (b), in the period for which the al- in amounts that provide at a minimum mar- ‘‘(1) IN GENERAL.—Subject to subsection lotment is made available, shall be reallot- ket rate for child care in the communities (a)(3), the Secretary shall assume the obliga- ted by the Secretary to other States in pro- involved; tion to repay the total amount of loans

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4610 CONGRESSIONAL RECORD — SENATE May 15, 1997 under part B or D (excluding a loan made ‘‘(II) for each fiscal year thereafter, an ‘‘(III) Parent literacy training. under section 428A, 428B, or 428C) incurred by amount equal to the total amount made ‘‘(IV) An age-appropriate education pro- a borrower in pursuit of a baccalaureate or available for fiscal year 1997 to carry out this gram for sons and daughters. graduate degree in early childhood develop- subsection (including the additional amount ‘‘(ii) LITERACY.—The term ‘literacy’, used ment. referred to in subclause (I)), adjusted on Oc- with respect to an individual, means the ‘‘(2) CONSTRUCTION.—Nothing in this sub- tober 1, 1998, and each October 1 thereafter, ability of the individual to speak, read, and section shall be construed to authorize the to reflect changes in the Consumer Price write English, and compute and solve prob- refunding of any repayment of a loan made Index for all urban consumers published by lems, at levels of proficiency necessary— under part B or D. the Bureau of Labor Statistics for the 12- ‘‘(I) to function on the job, in the family of ‘‘(3) INTEREST.—If a portion of a loan is re- month period ending the preceding June 30. the individual, and in society; paid by the Secretary under this section for ‘‘(ii) ENTITLEMENT.—The Secretary of Agri- ‘‘(II) to achieve the goals of the individual; any year, the proportionate amount of inter- culture shall be entitled to receive the funds and est on such loan which accrues for such year and shall accept the funds.’’; ‘‘(III) to develop the knowledge potential shall be repaid by the Secretary. (B) in the first sentence of paragraph (4), of the individual. ‘‘(c) REPAYMENT TO ELIGIBLE LENDERS OR by striking ‘‘appropriated’’ and inserting ‘‘(iii) SCHOOL.—The term ‘school’ means an HOLDERS.—The Secretary shall pay to each ‘‘made available’’; and elementary school or secondary school (as eligible lender or holder for each fiscal year (C) in paragraph (5), by striking ‘‘appro- such terms are defined in section 14101 of the an amount equal to the aggregate amount of priated’’ and inserting ‘‘made available’’; Elementary and Secondary Education Act of loans which are subject to repayment pursu- (4) in subsection (h)— 1965 (20 U.S.C. 8801)), a Head Start program ant to this section for such year. (A) in paragraph (1)— assisted under the Head Start Act (42 U.S.C. ‘‘(d) APPLICATION FOR REPAYMENT.— (i) in subparagraph (A), by striking ‘‘appro- 9831 et seq.), and a child care facility oper- ‘‘(1) IN GENERAL.—Each eligible individual priated’’ both places it appears and inserting ated by a provider who meets the applicable desiring loan repayment under this section ‘‘made available’’; and State or local government licensing, certifi- shall submit a complete and accurate appli- (ii) in subparagraph (C), by striking ‘‘ap- cation, approval, or registration require- cation to the Secretary at such time, in such propriated’’ both places it appears and in- ments, if any. manner, and containing such information as serting ‘‘made available’’; and ‘‘(4) LIMITATION.—No employee may take the Secretary may require. Loan repayment (B) in the first sentence of paragraph more than a total of 12 workweeks of leave under this section shall be on a first-come, (2)(A), by striking ‘‘1998’’ and inserting under paragraphs (1) and (3) during any 12- first-served basis. ‘‘2002’’; and month period.’’. ‘‘(2) CONDITIONS.—An eligible individual (5) in subsection (l), by striking ‘‘funds ap- (b) SCHEDULE.—Section 102(b)(1) of such may apply for repayment after completing propriated’’ and inserting ‘‘funds made avail- Act (29 U.S.C. 2612(b)(1)) is amended by in- the employment described in subsection able’’. serting after the second sentence the fol- (a)(1)(B). The borrower shall receive forbear- TITLE V—AMENDMENTS TO THE HEAD lowing: ‘‘Leave under subsection (a)(3) may ance while engaged in the employment de- START ACT be taken intermittently or on a reduced scribed in subsection (a)(1)(B). SEC. 501. AUTHORIZATION OF APPROPRIATIONS. leave schedule.’’. ‘‘(e) DEFINITION.—For the purpose of this Section 639(a) of the Head Start Act (42 (c) SUBSTITUTION OF PAID LEAVE.—Section section the term ‘‘eligible lender’’ has the U.S.C. 9834(a)) is amended by inserting before 102(d)(2)(A) of such Act (29 U.S.C. meaning given the term in section 435(d). the period at the end the following: ‘‘, 2612(d)(2)(A)) is amended by inserting before ‘‘(f) CAPPED ENTITLEMENT.—There are au- $4,900,000,000 for fiscal year 1999, $5,500,000,000 the period the following: ‘‘, or for leave pro- thorized to be appropriated and there are ap- for fiscal year 2000, $6,100,000,000 for fiscal vided under subsection (a)(3) for any part of propriated $100,000,000 to carry out this sec- year 2001, and $6,700,000,000 for fiscal year the 24-hour period of such leave under such tion for fiscal year 1998 and each succeeding 2002’’. subsection’’. fiscal year.’’. SEC. 502. ALLOTMENT OF FUNDS. (d) NOTICE.—Section 102(e) of such Act (29 TITLE IV—FULL FUNDING FOR THE Section 640(a)(6) of the Head Start Act (42 U.S.C. 2612(e)) is amended by adding at the WOMEN, INFANTS, AND CHILDREN PRO- U.S.C. 9835(a)(6)) is amended— end the following: GRAM (1) by striking ‘‘1997, and’’ and inserting ‘‘(3) NOTICE FOR SCHOOL INVOLVEMENT ‘‘1997,’’; and LEAVE.—In any case in which the necessity SEC. 401. FULL FUNDING FOR THE WOMEN, IN- for leave under subsection (a)(3) is foresee- FANTS, AND CHILDREN PROGRAM. (2) by inserting after ‘‘1998,’’ the following: able, the employee shall provide the em- Section 17 of the Child Nutrition Act of ‘‘6 percent for fiscal year 1999, 7 percent for ployer with not less than 7 days’ notice, be- 1966 (42 U.S.C. 1786) is amended— fiscal year 2000, 8 percent for fiscal year 2001, fore the date the leave is to begin, of the em- (1) in the second sentence of subsection and 9 percent for fiscal year 2002,’’. ployee’s intention to take leave under such (a)— SEC. 503. EFFECTIVE DATE. subsection. If the necessity for the leave is (A) by striking ‘‘authorized’’ and inserting This title and the amendments made by not foreseeable, the employee shall provide ‘‘established’’; and this title shall take effect on October 1, 1997. such notice as is practicable.’’. TITLE VI—SCHOOL INVOLVEMENT LEAVE (B) by striking ‘‘, up to the authorization (e) CERTIFICATION.—Section 103 of such Act levels set forth in subsection (g) of this sec- SEC. 601. SHORT TITLE. (29 U.S.C. 2613) is amended by adding at the tion,’’; This title may be cited as the ‘‘Time for end the following: (2) in subsection (c)— Schools Act of 1997’’. ‘‘(f) CERTIFICATION FOR SCHOOL INVOLVE- (A) in the first sentence of paragraph (1), SEC. 602. GENERAL REQUIREMENTS FOR LEAVE. MENT LEAVE.—An employer may require that by striking ‘‘may’’ and inserting ‘‘shall’’; (a) ENTITLEMENT TO LEAVE.—Section 102(a) a request for leave under section 102(a)(3) be and of the Family and Medical Leave Act of 1993 supported by a certification issued at such (B) in paragraph (2), by striking ‘‘appro- (29 U.S.C. 2612(a)) is amended by adding at time and in such manner as the Secretary priated’’ and inserting ‘‘made available’’; the end the following: may by regulation prescribe.’’. (3) in subsection (g)— ‘‘(3) ENTITLEMENT TO SCHOOL INVOLVEMENT SEC. 603. SCHOOL INVOLVEMENT LEAVE FOR (A) by striking paragraph (1) and inserting LEAVE.— CIVIL SERVICE EMPLOYEES. the following new paragraph: ‘‘(A) IN GENERAL.—Subject to section 103(f), (a) ENTITLEMENT TO LEAVE.—Section ‘‘(1) FUNDING.— an eligible employee shall be entitled to a 6382(a) of title 5, United States Code, is ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— total of 24 hours of leave during any 12- amended by adding at the end the following: There are authorized to be— month period to participate in an activity of ‘‘(3)(A) Subject to section 6383(f), an em- ‘‘(i) appropriated to carry out this section a school of a son or daughter of the em- ployee shall be entitled to a total of 24 hours such amounts as are necessary for each of ployee, such as a parent-teacher conference of leave during any 12-month period to par- fiscal years 1997 through 2002; and or an interview for a school, or to participate ticipate in an activity of a school of a son or ‘‘(ii) made available such amounts as are in literacy training under a family literacy daughter of the employee, such as a parent- necessary for the Secretary of the Treasury program. teacher conference or an interview for a to fulfill the requirements of subparagraph ‘‘(B) DEFINITIONS.—In this paragraph: school, or to participate in literacy training (B). ‘‘(i) FAMILY LITERACY PROGRAM.—The term under a family literacy program. ‘‘(B) APPROPRIATIONS.— ‘family literacy program’ means a program ‘‘(B) In this paragraph: ‘‘(i) IN GENERAL.—Out of any money in the of services that are of sufficient intensity in ‘‘(i) The term ‘family literacy program’ Treasury not otherwise appropriated, the terms of hours, and of sufficient duration, to means a program of services that are of suffi- Secretary of the Treasury shall provide to make sustainable changes in a family and cient intensity in terms of hours, and of suf- the Secretary of Agriculture, on the date of that integrate all of the following activities: ficient duration, to make sustainable enactment of the Early Childhood Develop- ‘‘(I) Interactive literacy activities between changes in a family and that integrate all of ment Act of 1997 for fiscal year 1997, and Oc- parents and their sons and daughters. the following activities: tober 1 of each fiscal year for each fiscal year ‘‘(II) Training for parents on how to be the ‘‘(I) Interactive literacy activities between thereafter, to carry out this subsection— primary teacher for their sons and daughters parents and their sons and daughters. ‘‘(I) for fiscal year 1997, an additional and full partners in the education of their ‘‘(II) Training for parents on how to be the amount of $1,500,000,000; and sons and daughters. primary teacher for their sons and daughters

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and full partners in the education of their S. 356 S. 476 sons and daughters. At the request of Mr. GRAHAM, the At the request of Mr. HATCH, the ‘‘(III) Parent literacy training. name of the Senator from Louisiana names of the Senator from New York ‘‘(IV) An age-appropriate education pro- [Ms. LANDRIEU] was added as a cospon- [Mr. D’AMATO] and the Senator from gram for sons and daughters. Texas [Mrs. HUTCHISON] were added as ‘‘(ii) The term ‘literacy’, used with respect sor of S. 356, a bill to amend the Inter- to an individual, means the ability of the in- nal Revenue Code of 1986, the Public cosponsors of S. 476, a bill to provide dividual to speak, read, and write English, Health Service Act, the Employee Re- for the establishment of not less than and compute and solve problems, at levels of tirement Income Security Act of 1974, 2,500 Boys and Girls Clubs of America proficiency necessary— the titles XVIII and XIX of the Social facilities by the year 2000. ‘‘(I) to function on the job, in the family of Security Act to assure access to emer- S. 528 the individual, and in society; gency medical services under group At the request of Mr. CAMPBELL, the ‘‘(II) to achieve the goals of the individual; health plans, health insurance cov- name of the Senator from Idaho [Mr. and CRAIG] was added as a cosponsor of S. ‘‘(III) to develop the knowledge potential erage, and the medicare and medicaid of the individual. programs. 528, a bill to require the display of the ‘‘(iii) The term ‘school’ means an elemen- S. 375 POW/MIA flag on various occasions and tary school or secondary school (as such At the request of Mr. MCCAIN, the in various locations. terms are defined in section 14101 of the Ele- name of the Senator from Oregon [Mr. S. 665 mentary and Secondary Education Act of WYDEN] was added as a cosponsor of S. At the request of Mr. KERREY, the 1965 (20 U.S.C. 8801)), a Head Start program 375, a bill to amend title II of the So- name of the Senator from Wisconsin assisted under the Head Start Act (42 U.S.C. cial Security Act to restore the link [Mr. FEINGOLD] was added as a cospon- 9831 et seq.), and a child care facility oper- sor of S. 665, a bill to monitor the ated by a provider who meets the applicable between the maximum amount of earn- State or local government licensing, certifi- ings by blind individuals permitted progress of the Telecommunications cation, approval, or registration require- without demonstrating ability to en- Act of 1996. ments, if any. gage in substantial gainful activity and SENATE RESOLUTION 64 ‘‘(4) No employee may take more than a the exempt amount permitted in deter- At the request of Mr. ROBB, the name total of 12 workweeks of leave under para- mining excess earnings under the earn- of the Senator from Alaska [Mr. STE- graphs (1) and (3) during any 12-month pe- ings test. VENS] was added as a cosponsor of Sen- riod.’’. S. 387 ate Resolution 64, a resolution to des- (b) SCHEDULE.—Section 6382(b)(1) of such ignate the week of May 4, 1997, as ‘‘Na- title is amended by inserting after the sec- At the request of Mr. HATCH, the ond sentence the following: ‘‘Leave under names of the Senator from Nevada [Mr. tional Correctional Officers and Em- subsection (a)(3) may be taken intermit- BRYAN] and the Senator from Con- ployees Week’’. tently or on a reduced leave schedule.’’. necticut [Mr. LIEBERMAN] were added SENATE RESOLUTION 76 (c) SUBSTITUTION OF PAID LEAVE.—Section as cosponsors of S. 387, a bill to amend At the request of Mr. THURMOND, the 6382(d) of such title is amended by inserting the Internal Revenue Code of 1986 to names of the Senator from Delaware before ‘‘, except’’ the following: ‘‘, or for provide equity to exports of software. [Mr. ROTH] and the Senator from Mis- leave provided under subsection (a)(3) any of sissippi [Mr. LOTT] were added as co- S. 419 the employee’s accrued or accumulated an- sponsors of Senate Resolution 76, a res- nual leave under subchapter I for any part of At the request of Mr. BOND, the name the 24-hour period of such leave under such of the Senator from Michigan [Mr. olution proclaiming a nationwide mo- ment of remembrance, to be observed subsection’’. LEVIN] was added as a cosponsor of S. (d) NOTICE.—Section 6382(e) of such title is 419, a bill to provide surveillance, re- on Memorial Day, May 26, 1997, in order amended by adding at the end the following: search, and services aimed at preven- to appropriately honor American patri- ‘‘(3) In any case in which the necessity for tion of birth defects, and for other pur- ots lost in the pursuit of peace and lib- leave under subsection (a)(3) is foreseeable, erty around the world. the employee shall provide the employing poses. f agency with not less than 7 days’ notice, be- S. 442 fore the date the leave is to begin, of the em- At the request of Mr. WYDEN, the SENATE RESOLUTION 86—REL- ployee’s intention to take leave under such names of the Senator from Montana ATIVE TO TELEPHONE ACCESS subsection. If the necessity for the leave is [Mr. BURNS], the Senator from Arizona CHARGES FOR USE OF THE not foreseeable, the employee shall provide [Mr. MCCAIN], the Senator from Ala- INTERNET such notice as is practicable.’’. bama [Mr. SHELBY], and the Senator (e) CERTIFICATION.—Section 6383 of such Mr. ABRAHAM (for himself and Mr. title is amended by adding at the end the fol- from Washington [Mrs. MURRAY] were LEAHY) submitted the following resolu- lowing: added as cosponsors of S. 442, a bill to tion; which was referred to the Com- ‘‘(f) An employing agency may require that establish a national policy against mittee on Commerce, Science, and a request for leave under section 6382(a)(3) be State and local government inter- Transportation: supported by a certification issued at such ference with interstate commerce on S. RES. 86 time and in such manner as the Office of Per- the Internet or interactive computer Whereas with the enactment of the Tele- sonnel Management may by regulation pre- services, and to exercise congressional scribe.’’. communications Act of 1996 (Public Law 104– jurisdiction over interstate commerce 104), Congress sought to stimulate through SEC. 604. EFFECTIVE DATE. by establishing a moratorium on the the competitive marketplace the rapid de- This title takes effect 120 days after the ployment of new communications tech- date of enactment of this Act. imposition of exactions that would interfere with the free flow of com- nologies at the lowest possible cost to the f customers; merce via the Internet, and for other Whereas the Internet is the most note- purposes. ADDITIONAL COSPONSORS worthy example of the development of an ad- S. 460 vanced communications network, having ex- S. 193 At the request of Mr. BOND, the name panded from the four linked sites of its pre- At the request of Mr. GLENN, the of the Senator from Georgia [Mr. cursor network in 1969 to become the first name of the Senator from Connecticut COVERDELL] was added as a cosponsor ubiquitous, interactive advanced commu- [Mr. LIEBERMAN] was added as a co- of S. 460, a bill to amend the Internal nications network today; sponsor of S. 193, a bill to provide pro- Whereas the Internet is a digital electronic Revenue Code of 1986 to increase the environment where different forms of multi- tections to individuals who are the deduction for health insurance costs of media flow freely and efficiently; human subject of research. self-employed individuals, to provide Whereas over 15,000,000 households are cur- S. 251 clarification for the deductibility of ex- rently connected to the Internet and At the request of Mr. SHELBY, the penses incurred by a taxpayer in con- 43,000,000 households are expected to be so name of the Senator from Montana nection with the business use of the connected by the year 2000; Whereas the Internet is an invaluable tool [Mr. BURNS] was added as a cosponsor home, to clarify the standards used for for personal communications, education, of S. 251, a bill to amend the Internal determining that certain individuals telemedicine, and better integrating the el- Revenue Code of 1986 to allow farmers are not employees, and for other pur- derly, the disabled, and individuals living in to income average over 2 years. poses. remote locations into the life of the Nation;

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4612 CONGRESSIONAL RECORD — SENATE May 15, 1997 Whereas the development of an electronic companies are staking their future on charge user fees for connecting to the marketplace over the Internet will be a com- the public’s increased access to this internet. This resolution demonstrates petitive stimulus to the national economy, network. According to the Wall Street congressional support for the FCC posi- with the amount of electronic commerce ex- Journal, online commerce was esti- tion. This sense of the Senate resolu- pected to grow to $80,000,000,000 by the year 2000; mated at $518 million in 1996 and is ex- tion outlines the dramatic growth of Whereas commerce over the Internet will pected to reach $1.14 billion in 1997. the Internet, spells out the benefits empower consumers by offering a myriad of Not surprisingly though, the surge of available online and recognizes the po- options for comparison shopping information Internet use has led to some unex- tential for digital commerce. More im- gathering, and purchasing opportunities; pected difficulties. Industry studies in- portantly, the resolution demonstrates Whereas commerce over the Internet has dicate that Internet usage is growing that it is time for the Internet pro- also proven an important start-up mecha- at up to 42 percent per year, and some viders and the local phone companies nism for small businesses by providing mini- Local Exchange Carrier’s [LEC] con- to work together to resolve this conun- mal barriers to entry and by acting as a tend this increasing traffic could ex- ubiquitous, cost-effective distribution sys- drum before it becomes a real problem. tem; ceed the current phone system’s capac- With so many different issues sur- Whereas innovative companies in all eco- ity. While studies differ on the scope or rounding the Internet today, it is easy nomic sectors have tied their economic fu- extent of this problem, it seems clear to lose track of the industries’ latest ture to the continued growth and success of that, ultimately, a significant invest- developments. This legislation, how- the Internet; ment in the telephone infrastructure ever, addresses what I believe to be the Whereas the Internet is the medium of will be required if gridlock is to be most fundamental Internet issue: af- choice for electronic commerce, electronic avoided. To fund this infrastructure, fordability. All of the amazing tools mail, multimedia, and corporate Intranets; some of the LEC’s support an Internet Whereas the Internet has succeeded as a provided by the Internet and all its result of its responsiveness to technical chal- user fee to help fund the installation of conveniences will be meaningless if, in lenges unencumbered by any preconceptions new circuits designed to head-off any our zeal to control the Internet, we imposed by regulation relating to its devel- congestion problems. price its access beyond the reach of av- opment; and Rather than install more, inefficient erage Americans. This nonbinding reso- Whereas the imposition of telephone access analog switches, however, it is my hope lution expresses the desire of the Sen- charges by regulation would inhibit the de- that the Local Exchange Carriers will ate to avoid such a mistake, and I urge velopment of the Internet and discourage the work to upgrade their telephone sys- my colleagues to support it. use of the Internet at a time when the na- tems to digital transmissions just as Mr. LEAHY. Mr. President, I am tional policy should be to promote the devel- satellite transmitters, wireless, and opment of advance telecommunications net- pleased to cosponsor this resolution works such as the Internet: Now, therefore, long-distance companies have under- with Senator ABRAHAM. I feel strongly be it taken the transition to digital. Last that the Senate needs to speak out on Resolved, That it is the sense of the Senate year, a coalition of high-technology the importance that our future tele- that the telecommunications policy of the companies in support of this concept communications policy will play in the United States should support the continued organized to oppose traditional tele- growth of commerce on the Internet. unfettered growth of the Internet by— phone fees for Internet use. Consumers, The Internet was born in 1974, but I (1) encouraging greater dialogue between they argue, will be reluctant to use the missed the birth announcement. Like the Local Exchange Carriers and the Inter- net community in the effort to reach a mu- Internet if new fees are imposed with- many who later would become avid tually beneficial resolution to the issues re- out such product improvement. I agree. Internet users, I let several years slip lating to connecting to the internet; and The Nation’s telephone system needs by before realizing the incredible po- (2) encouraging the removal of impedi- improvement in order to meet the tential of this new tool—that com- ments to the introduction of competition, challenges of 21st century technology puters could virtually connect you to and in particular, in the provision of new and consumer expectations. For this to anyone, anywhere, anytime. technologies and services to connecting to happen, the telephone infrastructure The Internet is changing more than the internet and other advanced networks. will require technological improve- the speed of communications; it is Mr. ABRAHAM. Mr. President, I rise ments, not just additional capacity. changing the very dynamics of commu- today to submit a resolution regarding In my opinion, if we are to maximize nication. Though still in its infancy, it access charges on the Internet. This the potential for this new technology, already is beginning to change the way resolution conveys the sense of the it is important that we recognize the we do business. Over the past 2 years, U.S. Senate that telephone access exciting technological changes ongoing sales generated through the Web grew charges for Internet use will impede in communications. In particular, more than 5,000 percent. And Net mer- the Internet’s continued growth and when addressing problems caused by chants are expected to sell billions of development and, therefore, should be the surge in Internet use, I believe dollars worth of goods by the end of the discouraged. America should focus on ways to opti- century. This is a tremendous poten- The rise of the Internet has been mize this medium’s efficiency. Charg- tial market for businesses. truly phenomenal. From the four ing additional regulatory fees for ac- While Internet growth has been ex- linked sites of its 1969 precursor, the cess to the Internet, I fear, could have plosive, concrete standards for Internet Internet has developed into an ad- the unintended consequence of limiting commerce have not been set. Most on- vanced telecommunications network the public’s ability and desire to con- line users still do not buy and sell that was unimagined only a decade nect. If, as a result of some new form of goods over the Internet because they ago. Today, over 15,000,000 households access fee, less people use the Internet, are afraid online hackers will steal are currently connected to the Inter- then we will have passed up a great op- their financial information. These are net, and some industry analysts expect portunity to advance the public’s in- legitimate concerns that still have to this number to rise to 43,000,000 by the vestment and involvement in one of be addressed by emerging security year 2000. These new users will con- the truly revolutionary technological technologies. tinue to find an increasing amount of advancements of this century. I hope That is why I have worked with in- options and assistance available to that the advanced-technology compa- dustry leaders during the past two them online. Whether the Internet is nies which depend on the Internet and years to find ways to promote more se- used to meet new friends, do online the local carriers which help provide cure encryption technology. Better banking, compare medical or scientific service can come to a mutually bene- encryption means safer online com- research or do shopping, as services in- ficial agreement on Internet services merce. We should be working with the crease, the Internet will become an in- absent the imposition of additional private sector to help set standards dispensable part of everyday life. fees for Internet use. that provide a secure Internet where Personal uses aside, many believe the The likelihood of such an agreement people are safe paying their bills from Internet’s greatest growth potential was probably heightened by last weeks their home computers. We should also lies in the evolution of online com- announcement by the Federal Commu- encourage greater dialogue between merce. The Internet is clearly the tech- nications Commission that it will not Local Exchange Carriers and the Inter- nology of the future and innovative permit the Local Exchange Carriers to net community. We do not want

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4613 to choke Internet growth with exces- Mr. JEFFORDS submitted an amend- fined in section 7 of the Fair Labor Stand- sive phone charges for Internet access. ment intended to be proposed by him ards Act of 1938 (29 U.S.C. 207)) or the value I use the Internet on a daily basis for to the amendment No. 244 submitted by of unused, accrued flexible credit hours (as defined in section 13A of the Fair Labor anything from finding the latest Bat- Mrs. MURRAY to the bill (S. 4) to amend Standards Act of 1938)’’. man movie clips to online chats with the Fair Labor Standards Act of 1938 to Vermont schools. My work on Internet provide to private sector employees the GRASSLEY AMENDMENT NO. 283 issues has earned me the nickname of same opportunities for time-and-a-half ‘‘the Cyber Senator.’’ I have had many compensatory time off, biweekly work (Ordered to lie on the table.) nicknames in my life. Some have been programs, and flexible credit hour pro- Mr. GRASSLEY submitted an better than others but I am proud of grams as Federal employees currently amendment intended to be proposed by this nickname because as the Cyber enjoy to help balance the demands and him to amendment No. 270 submitted Senator, I can help Vermonters. That needs of work and family, to clarify the by Mr. KENNEDY to the bill, S. 4, supra; is why the Internet is so important to provisions relating to exemptions of as follows: me. certain professionals from the min- Strike all and insert: In two key ways, the opportunities imum wage and overtime requirements On page 28, after line 16, insert the fol- opened by the Internet are a perfect lowing: of the Fair Labor Standards Act of (d) PROTECTIONS FOR CLAIMS RELATING TO match for Vermont. 1938, and for other purposes; as follows: COMPENSATORY TIME OFF AND FLEXIBLE First, cyber-selling compliments our In lieu of the matter proposed to be in- CREDIT HOURS IN BANKRUPTCY PRO- community-centered, environmentally- serted, insert the following: CEEDINGS.—Section 507(a)(3) of title 11, conscious style. In the past 25 years, SEC. . APPLICATION OF FAIR LABOR STAND- United States Code, is amended— Vermonters have shown uncommon ARDS ACT OF 1938 TO THE EXECU- (1) by striking ‘‘$4,000’’ and inserting stewardship in preserving our State’s TIVE OFFICE OF THE PRESIDENT. ‘‘$6,000’’; quality of life. Other States that only Section 413(d)(2) of title 3, United States (2) by striking ‘‘for—’’ and inserting the following: ‘‘provided that all accrued com- now are discovering these values will Code, is amended by striking ‘‘October 1, 1998’’ and inserting ‘‘October 1, 1997’’. pensatory time (as defined in section 7 of the have trouble recapturing what already Fair Labor Standards Act of 1938 (29 U.S.C. has eroded. Since the Internet allows SPECTER AMENDMENT NO. 281 207) or all accrued flexible credit hours (as anyone to work anywhere in the world, defined in section 13(A) of the Fair Labor why not in Vermont where you can (Ordered to lie on the table.) Standards Act of 1938) shall be deemed to enjoy a unique lifestyle? Mr. SPECTER submitted an amend- have been earned within 90 days before the Second, throughout this century, we ment intended to be proposed by him date of the filing of the petition or the date Vermonters have been held back be- to amendment No. 278 submitted by of the cessation of the debtor’s business, him to the bill, S. 4, supra; as follows: whichever occurs first, for—’’; and cause we are not geographically near (3) in subparagraph (A), by inserting before any major markets to sell our goods. In lieu of the matter proposed to be in- the semicolon the following: ‘‘or the value of Now, through the Internet, we can sell serted, insert the following: unused, accrued compensatory time (as de- our goods in the blink of an eye to any- ‘‘(iii) UNLAWFUL DISCRIMINATION.—It shall fined in section 7 of the Fair Labor Stand- one in the world. be an unlawful act of discrimination for an ards Act of 1938 (29 U.S.C. 207)) or the value Some pioneering Vermont businesses employer to request, directly or indirectly, of unused, accrued flexible credit hours (as are already venturing into cyberspace. that an employee accept compensatory time defined in section 13A of the Fair Labor off in lieu of monetary overtime compensa- Standards Act of 1938)’’. My home page on the World Wide Web tion, or to qualify the availability of work is linked to Web sites of more than 100 for which overtime compensation is required Vermont businesses, ranging from the upon employee’s request for or acceptance of ASHCROFT AMENDMENT NO. 284 Quill Bookstore in Manchester Center compensatory time off in lieu of monetary (Ordered to lie on the table.) to Jay Peak Ski Resort. For instance, overtime compensation. This clause does not Mr. ASHCROFT submitted an amend- The Flying Noodle in Waterbury Cen- apply to an offer of compensatory time off by ment intended to be proposed by him ter now sells about 30 percent of its an employer to all employees or a class of to amendment No. 262 submitted by employees. Any person who violates the pro- gourmet pasta and sauces over the Mr. WELLSTONE to the bill, S. 4, supra; visions of this clause shall be subject to the Internet and has regular customers in penalties contained in Section 16(a) of this as follows: Japan, Guam, Germany, France, and Act.’’. To the matter proposed to be stricken add South Korea. the following: () FLEXIBLE AND COMPRESSED WORK We all have visions of what we want GRASSLEY AMENDMENT NO. 282 for Vermont as we enter the 21st cen- SCHEDULE PROGRAMS.— (1) REPEAL.—Subchapter II of chapter 61 of tury. My vision is that the Internet (Ordered to lie on the table.) Mr. GRASSLEY submitted an title 5, United States Code, is repealed. will unlock the potential for any (2) CONFORMING AMENDMENTS.— Vermonter—and especially, our chil- amendment intended to be proposed by (A) The table of sections for chapter 61 of dren—to stay in our beautiful state to him to amendment No. 260 submitted title 5, United States Code, is amended— earn a living. The Internet is a place by Mr. WELLSTONE to the bill, S. 4, (i) by striking the following item: where Vermonters can exchange ideas supra; as follows: ‘‘SUBCHAPTER I—GENERAL with people across the world with the Strike all and insert: PROVISIONS’’; stroke of a key or the click of a mouse. On page 28, after line 16 insert the fol- and Mr. President, I commend my col- lowing: (ii) by striking the items relating to sub- (d) PROTECTIONS FOR CLAIMS RELATING TO chapter II. league from Michigan for submitting COMPENSATORY TIME OFF AND FLEXIBLE (B) Section 6103 of title 5, United States this resolution. It is strongly supported CREDIT HOURS IN BANKRUPTCY PRO- Code, is amended by striking subsection (d). by the American Electronics Associa- CEEDINGS.—Section 507(a)(3) of title 11, (C) Subchapter I of chapter 61 of title 5, tion, Business Software Alliance, and United States Code, is amended— United States Code, is amended by striking many other groups devoted to the (1) by striking ‘‘$4,000’’ and inserting the following: growth of Internet commerce. I urge ‘‘$6,000’’; ‘‘SUBCHAPTER I—GENERAL my colleagues to support our resolu- (2) by striking ‘‘for—’’ and inserting the PROVISIONS’’. following: ‘‘provided that all accrued com- tion. (D) Section 3401(2) of title 5, United States pensatory time (as defined in section 7 of the Code is amended by striking ‘‘(or 32 to 64 f Fair Labor Standards Act of 1938 (29 U.S.C. hours during a biweekly pay period in the AMENDMENTS SUBMITTED 207) or all accrued flexible credit hours (as case of a flexible or compressed work sched- defined in section 13(A) of the Fair Labor ule under subchapter II of chapter 61 of this Standards Act of 1938) shall be deemed to title)’’. THE FAMILY FRIENDLY have been earned within 90 days before the (E) Section 116 of the Indian Health Care date of the filing of the petition or the date WORKPLACE ACT OF 1997 Improvement Act (25 U.S.C. 1616i) is amended of the cessation of the debtor’s business, by striking subsection (c). whichever occurs first, for—’’; and (3) in subparagraph (A), by inserting before JEFFORDS AMENDMENT NO. 280 the semicolon the following: ‘‘or the value of ASHCROFT AMENDMENT NO. 285 (Ordered to lie on the table.) unused, accrued compensatory time (as de- (Ordered to lie on the table.)

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4614 CONGRESSIONAL RECORD — SENATE May 15, 1997 Mr. ASHCROFT submitted an amend- Mr. KENNEDY to the bill, S. 4, supra; as suspension of the respondent’s medical li- ment intended to be proposed by him follows: cense. to amendment No. 274 submitted by (2) SECOND VIOLATION.—If a respondent in To the matter proposed to be stricken, add an action commenced under subsection (a) Mr. KENNEDY to the bill, S. 4, supra; as the following: has been found to have violated a provision follows: () FLEXIBILE AND COMPRESSED WORK of this Act on a prior occasion, the court To the matter proposed to be stricken, add SCHEDULE PROGRAMS.— shall assess a civil penalty against the re- the following: (1) REPEAL.—Subchaptr II of chapter 61 of spondent in an amount not exceeding title 5, United States Code, is repealed. () FLEXIBLE AND COMPRESSED WORK $250,000, and refer the case to the State med- SCHEDULE PROGRAMS.— (2) CONFORMING AMENDMENTS.— ical licensing authority for consideration of (1) REPEAL.—Subchapter II of chapter 61 of (A) The table of sections for chapter 61 of revocation of the respondent’s medical li- title 5, United States Code, is repealed. title 5, United States Code, is amended— cense. (2) CONFORMING AMENDMENT.— (i) by striking the following item: (c) CERTIFICATION REQUIREMENTS.— (A) The table of sections for chapter 61 ‘‘SUBCHAPTER I—GENERAL PROVI- (1) IN GENERAL.—At the time of the com- title 5, United States Code, is amended— SIONS’’; mencement of an action under subsection (i) by striking the following item: and (a), the appropriate official shall certify to ‘‘SUBCHAPTER I—GENERAL (ii) by striking the items relating to sub- the court involved that the appropriate offi- PROVISIONS’’; chapter II. cial— (A) has provided notification in writing of and (B) Section 6103 of title 5, United States Code, is amended by striking subsection (d). the alleged violation of this Act, at least 30 (ii) by striking the items relating to sub- (C) Subchapter I of chapter 61 of title 5, calendar days prior to the filing of such ac- chapter II. United States Code, is amended by striking tion, to the attorney general or chief legal (B) Section 6103 of title 5, United States the following: officer of the appropriate State or political Code, is amended by striking subsection (d). subdivision; and (C) Subchapter I of chapter 61 of title 5, ‘‘SUBCHAPTER I—GENERAL (B) believes that such an action by the United States Code, is amended by striking PROVISIONS’’. United States is in the public interest and the following: (D) Section 3401(2) of title 5, United States necessary to secure substantial justice. ‘‘SUBCHAPTER I—GENERAL Code is amended by striking ‘‘(or 32 to 64 (2) LIMITATION.—No woman who has had an PROVISIONS’’. hours during a biweekly pay period in the abortion after fetal viability may be penal- case of a flexible or compressed work sched- ized under this Act for a conspiracy to vio- (D) Section 3401(2) of title 5, United States ule under subchapter II of chapter 61 of this late this section or for an offense under sec- Code is amended by striking ‘‘(or 32 to 64 title)’’. tion 2, 3, 4, or 1512 of title 18, United States hours during a biweekly pay period in the (E) Section 116 of the Indian Health Care Code. case of a flexible or compressed work sched- Improvement Act (25 U.S.C. 1616i) is amended SEC. 4. REGULATIONS AND PROCEDURES. ule under subchapter II of chapter 61 of this by striking subsection (c). (a) IN GENERAL.—Not later than 60 days title)’’. f after the date of enactment of this Act, the (E) Section 116 of the Indian Health Care Secretary of Health and Human Services Improvement Act (25 U.S.C. 1616i) is amended THE PARTIAL-BIRTH ABORTION shall establish regulations— by striking subsection (c). BAN ACT OF 1997 (1) requiring an attending physician de- scribed in section 2(b) to certify that, in the ASHCROFT AMENDMENT NO. 286 best medical judgment of the physician, the FEINSTEIN (AND OTHERS) abortion described in section 2(b) was medi- (Ordered to lie on the table.) cally necessary to preserve the life or to Mr. ASHCROFT submitted an amend- AMENDMENT NO. 288 avert serious adverse health consequences to ment intended to be proposed by him Mrs. FEINSTEIN (for herself, Mrs. the woman involved, and to describe the to amendment No. 276 submitted by BOXER, and Ms. MOSELEY-BRAUN) pro- medical indications supporting the judg- Mr. DODD to the bill, S. 4, supra; as fol- posed an amendment to the bill (H.R. ment; and lows: (2) to ensure the confidentiality of all in- 1122) to amend title 18, United States formation submitted pursuant to a certifi- To the matter proposed to be stricken, add Code, to ban partial-birth abortions; as cation by a physician under paragraph (1). the following: follows: (b) STATE REGULATIONS AND PROCEDURES.— () FLEXIBLE AND COMPRESSED WORK Strike all after the enacting clause and in- The regulations described in subsection (a) SCHEDULE PROGRAMS.— sert the following: shall not apply in a State that has estab- (1) REPEAL.—Subchapter II of chapter 61 of SECTION 1. SHORT TITLE. lished regulations described in subsection title 5, United States Code, is repealed. (a). (2) CONFORMING AMENDMENTS.— This Act may be cited as the ‘‘Post-Viabil- ity Abortion Restriction Act.’’ SEC. 5. RULE OF CONSTRUCTION. (A) The table of sections for chapter 61 of Nothing in this Act shall be construed to SEC. 2. PROHIBITION ON CERTAIN ABORTIONS. title 5, United States Code, is amended— prohibit State or local governments from (i) by striking the following item: (a) IN GENERAL.—It shall be unlawful, in or regulating, restricting, or prohibiting post- ‘‘SUBCHAPTER I—GENERAL PROVI- affecting interstate or foreign commerce, for viability abortions to the extent permitted SIONS’’; a physician knowingly to perform an abor- by the Constitution of the United States. and tion after the fetus has become viable. (ii) by striking the items relating to sub- (b) EXCEPTION.—Subsection (a) does not apply if, in the medical judgment of the at- DASCHLE (AND OTHERS) chapter II. AMENDMENT NO. 289 (B) Section 6103 of title 5, United States tending physician, the abortion is necessary Code, is amended by striking subsection (d). to preserve the life of the woman or to avert Mr. DASCHLE (for himself, Ms. (C) Subchapter I of chapter 61 of title 5, serious adverse health consequences to the SNOWE, Ms. MIKULSKI, Mrs. MURRAY, woman. United States Code, is amended by striking Ms. LANDRIEU, Ms. COLLINS, Mr. LIE- SEC. 3. CIVIL PENALTIES. the following: BERMAN, and Mr. KENNEDY) proposed an ‘‘SUBCHAPTER I—GENERAL (a) ACTION BY ATTORNEY GENERAL.—The amendment to the bill, H.R. 1122, PROVISIONS’’. Attorney General, the Deputy Attorney Gen- eral, the Associate Attorney General, or any supra; as follows: (D) Section 3401(2) of title 5, United States Assistant Attorney General or United States Strike all after the enacting clause and in- Code is amended by striking ‘‘(or 32 to 64 Attorney specifically designated by the At- sert the following: hours during a biweekly pay period in the torney General (referred to in this Act as the SECTION 1. SHORT TITLE. case of a flexible or compressed work sched- ‘‘appropriate official’’), may commence a This Act may be cited as the ‘‘Comprehen- ule under subchapter II of chapter 61 of this civil action under this subsection in any ap- sive Abortion Ban Act of 1997’’. title)’’. propriate United States district court to en- SEC. 2. FINDINGS. (E) Section 116 of the Indian Health Care force the provisions of this Act. Congress makes the following findings: Improvement Act (25 U.S.C. 1616i) is amended (b) RELIEF.— (1) As the Supreme Court recognized in Roe by striking subsection (c). (1) FIRST VIOLATION.—In an action com- v. Wade, the government has an ‘‘important menced under subsection (a), if the court and legitimate interest in preserving and ASHCROFT AMENDMENT NO. 287 finds that the respondent in the action has protecting the health of the pregnant violated a provision of this Act, the court woman...and has still another important (Ordered to lie on the table.) shall assess a civil penalty against the re- and legitimate interest in protecting the po- Mr. ASHCROFT submitted an amend- spondent in an amount not exceeding tentiality of human life. These interests are ment intended to be proposed by him $100,000, and refer the case to the State med- separate and distinct. Each grow in substan- to amendment No. 271 submitted by ical licensing authority for consideration of tiality as the woman approaches term and,

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4615 at a point during pregnancy, each becomes physician certifies that the continuation of such action, the Attorney General, the Dep- compelling’’. the pregnancy would threaten the mother’s uty Attorney General, the Associate Attor- (2) In delineating at what point the Gov- life or risk grievous injury to her physical ney General, or any Assistant Attorney Gen- ernment’s interest in fetal life becomes health. eral or United States Attorney involved— ‘‘compelling’’, Roe v. Wade held that ‘‘a State ‘‘(b) GRIEVOUS INJURY.— ‘‘(1) has provided notice of the alleged vio- may not prohibit any woman from making ‘‘(1) IN GENERAL.—For purposes of sub- lation of this section, in writing, to the Gov- the ultimate decision to terminate her preg- section (a), the term ‘grievous injury’ ernor or chief executive officer and attorney nancy before viability’’, a conclusion re- means— general or chief legal officer of the State or affirmed in Planned Parenthood of South- ‘‘(A) a severely debilitating disease or im- political subdivision involved, as well as to eastern Pennsylvania v. Casey. pairment specifically caused by the preg- the State medical licensing board or other (3) Planned Parenthood of Southeastern nancy; or appropriate State agency; and Pennsylvania v. Casey also reiterated the ‘‘(B) an inability to provide necessary ‘‘(2) believes that such an action by the holding in Roe v. Wade that the government’s treatment for a life-threatening condition. United States is in the public interest and interest in potential life becomes compelling ‘‘(2) LIMITATION.—The term ‘grievous in- necessary to secure substantial justice. with fetal viability, stating that ‘‘subse- jury’ does not include any condition that is ‘‘§ 1533 Regulations. quent to viability, the State in promoting its not medically diagnosable or any condition ‘‘(a) REGULATIONS OF SECRETARY FOR CER- interest in the potentiality of human life for which termination of pregnancy is not TIFICATION.— may, if it chooses, regulate, and even pro- medically indicated. ‘‘(1) IN GENERAL.—Not later than 60 days scribe, abortion except where it is necessary, ‘‘(c) PHYSICIAN.—In this chapter, the term after the date of enactment of this chapter, in appropriate medical judgment, for the ‘physician’ means a doctor of medicine or os- the Secretary of Health and Human Services preservation of the life or health of the teopathy legally authorized to practice med- shall publish proposed regulations for the fil- mother’’. icine and surgery by the State in which the ing of certifications by physicians under sec- (4) According to the Supreme Court, viabil- doctor performs such activity, or any other tion 1531(a). ity ‘‘is the time at which there is a realistic individual legally authorized by the State to ‘‘(2) REQUIREMENT.—The regulations under possibility of maintaining and nourishing a perform abortions, except that any indi- paragraph (1) shall require that a certifi- life outside the womb, so that the inde- vidual who is not a physician or not other- cation filed under section 1531(a) contain— pendent existence of the second life can in wise legally authorized by the State to per- ‘‘(A) a certification by the physician (on reason and all fairness be the object of State form abortions, but who nevertheless di- penalty of perjury, as permitted under sec- protection that now overrides the rights of rectly performs an abortion in violation of tion 1746 of title 28) that, in his or her best the woman’’. subsection (a) shall be subject to the provi- medical judgment, the abortion involved was (5) The Supreme Court has thus indicated sions of this section. medically necessary pursuant to such sec- that it is constitutional for Congress to ban ‘‘(d) NO CONSPIRACY.—No woman who has tion; and abortions occurring after viability so long as had an abortion after fetal viability may be ‘‘(B) a description by the physician of the the ban does not apply when a woman’s life prosecuted under this section for a con- medical indications supporting his or her or health faces a serious threat. spiracy to violate this section or for an of- judgment. (6) Even when it is necessary to terminate fense under section 2, 3, 4, or 1512 of title 18, ‘‘(3) CONFIDENTIALITY.—The Secretary of a pregnancy to save the life or health of the United States Code. Health and Human Services shall promulgate mother, every medically appropriate meas- ‘‘§ 1532 Penalties. regulations to ensure that the identity of the ure should be taken to deliver a viable fetus. mother described in section 1531(a) is kept ‘‘(a) ACTION BY ATTORNEY GENERAL.—The (7) It is well established that women may confidential, with respect to a certification suffer serious health conditions during preg- Attorney General, the Deputy Attorney Gen- eral, the Associate Attorney General, or any filed by a physician under section 1531(a). nancy, such as breast cancer, preeclampsia, ‘‘(b) ACTION BY STATE.—A State, and the Assistant Attorney General or United States uterine rupture or non-Hodgkin’s lymphoma, medical licensing authority of the State, among others, that may require the preg- Attorney specifically designated by the At- shall develop regulations and procedures for nancy to be terminated. torney General may commence a civil action the revocation or suspension of the medical (8) While such situations are rare, not only under this chapter in any appropriate United license of a physician upon a finding under would it be unconstitutional but it would be States district court to enforce the provi- section 1532 that the physician has violated a unconscionable for Congress to ban abortions sions of this chapter. provision of this chapter. A State that fails in such cases, forcing women to endure se- ‘‘(b) RELIEF.— to implement such procedures shall be sub- vere damage to their health and, in some ‘‘(1) FIRST OFFENSE.—Upon a finding by the ject to loss of funding under title XIX of the cases, risk early death. court that the respondent in an action com- Social Security Act. menced under subsection (a) has knowingly (9) In cases where the mother’s health is ‘‘§ 1534 Rule of Construction. not at such high risk, however, it is appro- violated a provision of this chapter, the priate for Congress to assert its ‘‘compelling court shall notify the appropriate State med- ‘‘(1) IN GENERAL.—The requirements of this interest’’ in fetal life by prohibiting abor- ical licensing authority in order to effect the chapter shall not apply with respect to post- tions after fetal viability. suspension of the respondent’s medical li- viability abortions in a State if there is a (10) While many States have banned abor- cense in accordance with the regulations and State law in effect in the State that regu- tions of viable fetuses, in some States it con- procedures developed by the State under sec- lates, restricts, or prohibits such abortions tinues to be legal for a healthy woman to tion 1533(d), or shall assess a civil penalty to the extent permitted by the Constitution abort a viable fetus. against the respondent in an amount not ex- of the United States. (11) As a result, women seeking abortions ceeding $100,000, or both. ‘‘(2) STATE LAW.—In paragraph (1), the may travel between the States to take ad- ‘‘(2) SECOND OFFENSE.—If a respondent in term ‘‘State law’’ includes all laws, deci- vantage of differing State laws. an action commenced under subsection (a) sions, rules or regulations of any State, or (12) To prevent abortions of viable fetuses has been found to have knowingly violated a any other State action having the effect of not necessitated by severe medical complica- provision of this chapter on a prior occasion, law.’’. tions, Congress must act to make such abor- the court shall notify the appropriate State (b) CLERICAL AMENDMENT.—The table of tions illegal in all States. medical licensing authority in order to effect chapters for part I of title 18, United States Code, is amended by inserting after the item (13) abortion of a viable fetus should be the revocation of the respondent’s medical relating to chapter 73 the following new prohibited throughout the United States, un- license in accordance with the regulations item: less a woman’s life or health is threatened and procedures developed by the State under and, even when it is necessary to terminate section 1533(d), or shall assess a civil penalty ‘‘74. Prohibition of post-viability the pregnancy, every measure should be against the respondent in an amount not ex- abortions ...... 1531’’. taken, consistent with the goals of pro- ceeding $250,000, or both. f tecting the mother’s life and health, to pre- ‘‘(3) HEARING.—With respect to an action NOTICES OF HEARINGS serve the life and health of the fetus. under subsection (a), the appropriate State SEC. 3. ABORTION PROHIBITION. medical licensing authority shall be given COMMITTEE ON RULES AND ADMINISTRATION (a) IN GENERAL.—Title 18, United States notification of and an opportunity to be Mr. WARNER. Mr. President, I wish Code, is amended by inserting after chapter heard at a hearing to determine the penalty to announce that the Committee on 73 the following: to be imposed under this subsection. Rules and Administration will meet in ‘‘CHAPTER 74—ABORTION PROHIBITION ‘‘(c) CERTIFICATION REQUIREMENTS.—At the SR–301, Russell Senate Office Building, ‘‘Sec. time of the commencement of an action on Thursday, May 22, 1997, at 9:30 a.m. ‘‘1531. Prohibition. under subsection (a), the Attorney General, ‘‘1532. Penalties. the Deputy Attorney General, the Associate to consider revisions to title 44/GPO: ‘‘1533. State regulations. Attorney General, or any Assistant Attorney Review and Recommendations of Draft ‘‘1534. Rule of construction. General or United States Attorney specifi- Legislation. ‘‘§ 1531 Prohibition. cally designated by the Attorney General For further information concerning ‘‘(a) IN GENERAL.—It shall be unlawful for shall certify to the court involved that, at this hearing, please contact Eric Peter- a physician to abort a viable fetus unless the least 30 calendar days prior to the filing of son at 224–7774.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4616 CONGRESSIONAL RECORD — SENATE May 15, 1997 SUBCOMMITTEE ON WATER AND POWER be granted permission to meet during The PRESIDING OFFICER. Without Mr. KYL. Mr. President, I would like the session of the Senate on Thursday, objection, it is so ordered. to announce for the information of the May 15, for purposes of conducting a SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND Senate and the public that the Sub- joint hearing of the Senate Energy and SPACE committee on Water and Power of the Natural Resources Subcommittee on Mr. SANTORUM. Mr. President, I Committee on Energy and Natural Re- Forests and Public Land Management ask unanimous consent that the sources will hold a hearing to receive and the House Resources Sub- Science, Technology, and Space Sub- testimony concerning several pending committee on Forests and Forest committee of the Committee on Com- measures. The measures are: Health which is scheduled to begin at 2 merce, Science, and Transportation be S. 439, the Federal Power Act Amend- p.m. The purpose of this Hearing is to authorized to meet on Thursday, May ment Act of 1997, receive testimony on the release of the 15, 1997, at 2 p.m. on the National H.R. 651 and H.R. 652, bills to extend Columbia River Basin Environmental Weather Service. the deadlines for hydroelectric projects Impact Statement. The PRESIDING OFFICER. Without in the State of Washington, The PRESIDING OFFICER. Without objection, it is so ordered. S. 725, the Collbran Project Unit Con- objection, it is so ordered. f veyance Act, COMMITTEE ON LABOR AND HUMAN RESOURCES ADDITIONAL STATEMENTS S. 736, the Carlsbad Irrigation Mr. SANTORUM. Mr. President, I Project Acquired Land Transfer Act, ask unanimous consent that the Com- S. 744, to authorize the construction mittee on Labor and Human Resources NOBEL PEACE PRIZE RECIPIENT of the Fall River Water Users District be authorized to meet for a full com- JOSE RAMOS-HORTA Rural Water System and authorize fi- mittee hearing on ‘‘Student Aid Deliv- ∑ Mrs. BOXER. Mr. President, I rise nancial assistance to the Fall River ery Systems: $320 million Too Much today to welcome Jose Ramos-Horta to Water Users District, a nonprofit cor- Money for Too Little Accountability?’’ California. In recognition of his inde- poration, in the planning and construc- during the session of the Senate on fatigable efforts on behalf of the people tion of the water supply system, and Thursday, May 15, 1997, at 10 a.m. for other purposes, and The PRESIDING OFFICER. Without of his native East Timor, Mr. Ramos- S. 538, to authorize the Secretary of objection, it is so ordered. Horta was coawarded the 1996 Nobel Prize for Peace. He will be in San Fran- the Interior to convey certain facilities COMMITTEE ON SMALL BUSINESS cisco in June to participate in a 3-day of the Minidoka project to the Burley Mr. SANTORUM. Mr. President, I conference on peacemaking. There he Irrigation District, and for other pur- ask unanimous consent that the Com- will be joined by numerous national poses. mittee on Small Business be authorized and world leaders including fellow The hearing will take place on Tues- to meet during the session of the Sen- Nobel laureates, the Dalai Lama of day, June 10 in room SD–366 of the ate for an oversight hearing on ‘‘SBA’s Tibet and Rigoberta Menchu of Guate- Dirksen Senate Office Building start- Finance Programs—Part II’’ on Thurs- ing at 9:30 a.m. Persons interested in mala. day, May 15, 1997, which will begin at The issue of East Timor has a special testifying or submitting material for 9:30 a.m. in room 428A of the Russell the hearing record should contact the relevance in California, which is home Senate Office Building. to the largest concentration of Por- Subcommittee on Water and Power of The PRESIDING OFFICER. Without tuguese-Americans in the United the Committee on Energy and Natural objection, it is so ordered. Resources, United States Senate, States. Shortly after Portugal took COMMITTEE ON VETERANS’ AFFAIRS Washington, DC 20510, attn: Shawn steps in 1974 to end political oppression Mr. SANTORUM. Mr. President, the Taylor (S. 439, H.R. 651 and 652) at 202– at home, it withdrew from most of its Committee on Veterans’ Affairs would 224–7875 or Betty Nevitt (S. 725, S. 736, foreign territories, including East like to request unanimous consent to S. 744, and S. 538) at 202–224–0765. Timor. Although Portugal ceased to hold a hearing on sexual harassment in f exercise colonial influence over East the Department of Veterans Affairs. Timor in the midseventies, it has re- AUTHORITY FOR COMMITTEES TO The hearing will be held on May 15, mained an important voice of con- MEET 1997, at 9:30 a.m., in room 216 of the science regarding East Timor ever COMMITTEE ON BANKING, HOUSING, AND URBAN Hart Senate Office Building. since. AFFAIRS The PRESIDING OFFICER. Without As may be expected at the conclusion Mr. SANTORUM. Mr. President, I objection, it is so ordered. of 500 years of foreign rule, a brief pe- ask unanimous consent that the Com- SELECT COMMITTEE ON INTELLIGENCE riod of struggle ensued between rival mittee on Banking, Housing, and Mr. SANTORUM. Mr. President, I factions in East Timor. For many, the Urban Affairs be authorized to meet ask unanimous consent that the Select pain of this civil strife was tempered during the session of the Senate on Committee on Intelligence be author- with optimism over the prospect of im- Thursday, May 15, 1997, to conduct a ized to meet during the session of the minent, peaceful self-rule. Exiled by hearing to examine the report dealing Senate on Thursday, May 15, 1997, at 2 colonialist authorities for his early with U.S. and allied efforts to recover p.m. to hold a closed hearing on intel- proindependence stance, Mr. Horta was and restore gold and other assets sto- ligence matters. particularly encouraged by events. len or hidden by Germany during World The PRESIDING OFFICER. Without This hope of a budding nation was War II. objection, it is so ordered. crushed when troops from neighboring The PRESIDING OFFICER. Without SUBCOMMITTEE ON AFRICAN AFFAIRS Indonesia invaded East Timor in 1975. objection, it is so ordered. Mr. SANTORUM. Mr. President, I Annexation followed the next year and COMMITTEE ON COMMERCE, SCIENCE, AND ask unanimous consent that the Afri- so began a period of often brutal occu- TRANSPORTATION can Affairs Subcommittee of the Com- pation. Regrettably, over 20 years Mr. SANTORUM. Mr. President, I mittee on Foreign Relations be author- later, for many East Timorese the ask unanimous consent that the Com- ized to meet during the session of the dream of political independence has mittee on Commerce, Science, and Senate on Thursday, May 15, 1997, at been replaced, at least in the short Transportation be authorized to meet 10:30 a.m. to hold a hearing. term, by the struggle for the most on Thursday, May 15, 1997, at 9:30 a.m. The PRESIDING OFFICER. Without basic of human rights. on spectrum. objection, it is so ordered. In self-imposed exile since the inva- The PRESIDING OFFICER. Without SUBCOMMITTEE ON INTERNATIONAL TRADE sion, Jose Ramos-Horta has never for- objection, it is so ordered. Mr. SANTORUM. Mr. President, the gotten his homeland and its desire for COMMITTEE ON ENERGY AND NATURAL Finance Committee Subcommittee on peace and freedom. He travels, writes, RESOURCES International Trade requests unani- and speaks continually about what has Mr. SANTORUM. Mr. President, I mous consent to conduct a hearing on occurred and what is occurring in East ask unanimous consent that the En- Thursday, May 15, 1997, beginning at 2 Timor. It is testament to his passion ergy and Natural Resources Committee p.m. in room 215 Dirksen. and the resilience of his countrymen

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4617 that the troubles of this small island THE COURT IN THE SCHOOLS/ to the mid-1950’s, he drew film audi- no longer fester in obscurity. CRITICAL LIFE CHOICES PROGRAM ences of about 80 million Americans Jose Ramos-Horta is the latest in a ∑ Mr. ABRAHAM. Mr. President, I rise per year and inspired fans around the distinguished succession of modern today to recognize an innovative anti- world to organize record-size clubs. leaders who have sacrificed and con- crime program in my State targeted Roy moved on to other media in the tinue to sacrifice much for the causes toward young people. Established in 1950’s, starring with his wife, Dale, in of peace and justice. I know I join 1993 by Judge Michael A. Martone of ‘‘The Roy Rogers Show’’ on television many of my colleagues and millions of the 52d District Court in Troy, MI, the and in several long-running radio vari- others when I say that it is my hope Court in the Schools/Critical Life ety shows. In whatever venture they have pur- that, like Nelson Mandela, Lech Choices Program is an admirable and sued, Roy and Dale have served as won- Walesa, and Andrei Sakharov, Mr. effective effort to teach middle and derful, positive examples to all of us. It Ramos-Horta’s crusade meets with high school students how to make the rapid success and spurs further ad- is with great admiration and respect right choices in life. that I congratulate Roy Rogers and vances in human rights across Asia and In part one of this two part program the world. Dale Evans on their 50th anniversary a middle or high school’s auditorium or year. I thank Roy and Dale for teach- He and his words of peace and dignity cafeteria is transformed into a court- ∑ ing us that the good guys do win.∑ are always welcome in California. room. Judge Martone, if in his own ju- risdiction, or a local judge, then try ac- f f tual pending cases involving youthful, DEPUTY JASON HENDRIX: LAW nonviolent misdemeanors, such as first ENFORCEMENT OFFICER OF THE IN RECOGNITION OF JEWISH and second offense drinking and driv- YEAR HERITAGE WEEK, MAY 11–18, 1997 ing cases, controlled substance cases, ∑ Mrs. BOXER. Mr. President, I wish to ∑ Mr. LEVIN. Mr. President, it is with and shoplifting cases, in front of the extend my most sincere congratula- great pride and pleasure that I rise assembled students. tions to Deputy Jason Hendrix of the today to call my colleagues’ attention In part two of the program, Judge San Bernardino County Sheriff’s De- to President Clinton’s proclamation Martone interacts with the students to partment on being honored today by designating May 11–18, 1997, as Jewish coach them on how to intelligently the American Police Hall of Fame as Heritage Week. analyze risks and make critical life its ‘‘1997 Law Enforcement Officer of Jewish Heritage Week was initiated choices. With the aid of television news the Year.’’ We are extremely fortunate in 1976 by the Jewish Community Rela- segments and taped video vignettes of to have an officer of Deputy Hendrix’s tions Council to celebrate the signifi- tragedies resulting from youthful in- caliber and commitment, and I com- cant contributions Jewish people have discretion, the students and Judge mend him for the outstanding act of made to American history and culture. Martone engage in an insightful and bravery that resulted in receipt of this It is observed every spring, during the constructive dialog. award. season in which Jewish people com- To date, over 15,000 students have While off duty in March of last year, memorate Passover, Yom Hashoah participated in the program. This low- Deputy Hendrix observed an armed (Holocaust Memorial Day) and Yom cost, high-impact program is making a man holding two employees hostage in Ha’atzmaut (Israel Independence Day). difference in young people’s lives. front of a crowded store. After sending In my home State of Michigan, a num- When students see for themselves a de- his fiancee to dial 911, Hendrix startled ber of displays celebrating the week fendant handcuffed and taken into cus- the suspect and promptly secured the are on display in libraries in Oakland tody, Judge Martone says student re- release of the hostages. An exchange of County on the theme ‘‘These Jewish sponse is measured by being able to gunfire followed, in which Deputy Americans Have Made This Country hear a pin drop. Hendrix disabled the suspect and was and the World a Better Place.’’ The I commend Judge Martone for his himself shot six times. The subject was achievements of notable Jewish-Ameri- tireless work on behalf of America’s subdued by another off duty officer and cans are highlighted, such as Dr. Jonas children. In fact, Judge Martone main- store employees. Few of us can appreciate the perils Salk, who discovered the polio vaccine, tains a standing offer to help other faced daily by the men and women of Nathan Straus, who introduced pas- communities, both in Michigan and law enforcement. Each year dozens of teurized milk in America, movie leg- across the Nation, to develop and im- peace officers are killed in the line of ends Samuel Goldwyn and Steven plement their own Court in the duty. I am thankful that Deputy Spielberg, Nobel prize winners Henry Schools/Critical Life Choices programs. Hendrix survived this confrontation, Kissinger and Saul Bellow, and musical I urge all my colleagues to consider the and I know that his family, friends, giants George Gershwin and Irving Ber- benefits of utilizing such a program in and colleagues are grateful for his re- lin, among many others. their own respective States, and, if in- terested, either contact the Troy Com- covery. I would like to recognize the efforts I commend the selflessness and cour- of the artists and organizers of these munity Coalition for the Prevention of Drug and Alcohol Abuse at 248–740–0431, age exhibited by Deputy Jason Hendrix exhibits, who have helped to bring the on March 30, 1996. His act of valor al- or representatives in my office for fur- spirit of Jewish Heritage Week to most certainly saved the lives of many ther information.∑ Michigan. They include Ann Barnett, innocent bystanders. His disregard for Maynard Feldman, Howard Fridson, f his own personal safety in defense of Julian Lefkowitz, Helen Naimark, and others represents the very best spirit of Sara Schiff. ROY ROGERS AND DALE EVANS 50TH WEDDING ANNIVERSARY law enforcement. It is fitting that on In his proclamation last year, the this occasion, National Peace Officers President eloquently stated that ‘‘Jew- ∑ Mr. CLELAND. Mr. President, I rise Memorial Day, we thank Deputy ish-Americans have infused our Nation today to pay tribute to two of my he- Hendrix and all California police offi- with a powerful faith, a commitment roes, Roy Rogers and Dale Evans and cers who regularly take risks and make to family and community, and a devo- to congratulate them on their year- sacrifices in service to their commu- tion to scholarship and self-improve- long 50th wedding anniversary celebra- nities.∑ ment. We can draw strength and inspi- tion. Roy Rogers and Dale Evans, the f ration from the enduring lessons of Ju- world’s most popular cowboy and cow- daism and it is entirely fitting that we girl ever, have inspired and entertained SALUTING IDAHO’S HALL OF honor the great traditions of its fol- millions of Americans during the span FAME JOCKEY lowers.’’ I hope my colleagues will join of their careers. ∑ Mr. KEMPTHORNE. Mr. President, I me and the millions of others who are Roy Rogers has appeared in more rise to salute an outstanding young celebrating the achievements of Jew- than 100 films since his debut in 1935, man who has made his mark as a pro- ish-Americans during Jewish Heritage starring in most of them. During the fessional athlete—jockey Gary Ste- Week.∑ peak of his career, from the early 1940’s vens, a native Idahoan.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4618 CONGRESSIONAL RECORD — SENATE May 15, 1997 Gary Stevens won the Kentucky West Virginia State College, service in nantly of small businesses, was Derby on Silver Charm earlier this the U.S. Army during World War II, brought into question by the SBA and month, becoming the only active jock- and graduation from Howard Univer- numerous Members of Congress. The ey to win the Derby three times. Gary sity Law School, Keith returned home affected small businesses had data to won it on Winning Colors in 1988 and to Detroit and set up a law practice. support their case for exclusion, and Thunder Gulch in 1995. Gary joins a se- President Lyndon Johnson appointed some of the data on which EPA had lect group of jockeys as three-time Keith to the U.S. District Court in 1967 based its proposed rule was inaccurate. Derby winners. where he served until 1977, when he was Despite the strength of their case, Gary Stevens’ accomplishments are appointed to the U.S. Court of Appeals these small businesses found their worthy of Hall of Fame consideration. for the Sixth Circuit. He took senior views unwelcome at EPA. They appro- And indeed, Gary was recently elected status in 1995. priately turned to SBA to articulate to the National Thoroughbred Racing Mr. President, I join all his well the small business views to the admin- Hall of Fame. At 34, he is one of the wishers in saluting Judge Damon Keith istration. youngest to win election to the Hall. and his illustrious career, and I ask As the Chairman of the Senate Com- A native of Caldwell, Idaho, Gary that the following editorial from the mittee on Small Business, I was dis- Stevens attended Capital High School May 12, 1997 Detroit Free Press be mayed when effective advocacy by the SBA on behalf of small business was in Boise. He won his first race at the printed in the RECORD. criticized as improper. In a letter sent age of 16 riding at Les Bois Park in The editorial follows: Boise. Even at such an early age, it was to SBA Administrator Aida Alvarez, ef- DAMON KEITH: AWARD RECOGNIZES HIS GIFTS forts to communicate the small busi- clear to racing fans that he had a gift OF JUSTICE, SERVICE and his talents would lead to some- ness perspective were characterized as Congratulations to federal Judge Damon ‘‘elements within [SBA] . . . actively thing special. Horse racing experts say Keith on being named the 1997 winner of the working to undermine [the TRI] initia- Gary is a master of pace—once he gets American Bar Association’s Thurgood Mar- tive.’’ The important working relation- a horse in the lead, he has the ability shall Award. It is a richly deserved honor ship between SBA and its small busi- to get the horse to relax and pace itself that reflects not only the high esteem in which he is held by his peers but also the ness constituency was alleged to be an so it has enough to win the race. improper use of ‘‘taxpayer funds to If needed, he can come from behind, commitment to social justice and equality to which he has dedicated his life. conduct lobbying efforts on behalf of as he did in the Derby. Gary says once The award, named in honor of the late Su- private lobbyists. . . .’’ In response to he got Silver Charm in the lead, the preme Court justice and the first African this criticism, the SBA temporarily re- horse’s ears popped up, and Gary said American to serve on that court, goes annu- moved staff from working on TRI and he knew his colt was relaxed and in ally to a nominee with a history of substan- asked the Inspector General to review good position. tial and long-term contributions to the ad- the matter. Over his career, Gary Stevens has vancement of civil rights, civil liberties and The Ranking Minority member on human rights in the United States. Judge won over four thousand races and more the Committee, Senator KERRY, joined than one hundred million dollars in Keith is the sixth recipient since the award was conceived and first given to Justice Mar- me in sending a letter to the Adminis- purses. For all his success, he remem- shall himself in 1992. trator of the SBA, expressing our sup- bers his roots. Sportswriters heard him A senior judge in the 60th Circuit Court of port for the Office of Advocacy and the say after the Derby, ‘‘The kid from Appeals, Judge Keith has served 30 years on SBA’s role on behalf of small busi- Idaho can still do it.’’ And his family the trial and appellate benches. His rulings nesses. I ask that the text of our letter and friends in Idaho are rooting for on civil liberties, civil rights and equal pro- and the response I recently received him. Thousands of fans at Les Bois tection have given hope to many previously from James F. Hoobler, Inspector Gen- Park cheered him on as they watched disfranchised Americans. eral for the SBA, be printed in the the Derby simulcast. They will always Like his mentor, Justice Marshall, Judge Keith is a patriot of the first order. His com- RECORD. I am delighted to say that the remember him as ‘‘their’’ jockey. His mitment has never wavered to a vision of role of the SBA, the Office of Advocacy peers also recognize Gary’s special tal- America that lives up to the demands of the and the individual staff member, whose ents and personality. He was elected Bill of Rights and treats each citizen with dedication to the cause of small busi- this year as President of the Jockey’s the dignity and respect due him or her re- ness was unfairly criticized, were found Guild, an honor because his fellow rid- gardless of race, sex or social status. His con- to have ‘‘acted properly and ethically.’’ ers have chosen him to represent their tributions offer promise of a society we have The Inspector General added, ‘‘SBA is profession. yet to become but, with his leadership, will statutorily mandated to support and one day achieve. I know that every Idahoan joins me speak up for the interests of small in congratulating Gary Stevens for f business. . . . To do otherwise would be winning his third Kentucky Derby and THE SMALL BUSINESS ADMINIS- contrary to its mandated responsibil- for his election to the Hall of Fame. I TRATION—AN EFFECTIVE VOICE ities.’’ also want to acknowledge his parents, FOR SMALL BUSINESS? The SBA worked closely with the af- Ron and Barb, for their contributions fected small businesses in an effort to to horse racing in Idaho and for raising ∑ Mr. BOND. Mr. President, I rise ensure that their side of the story was such a fine son. Ron still trains horses today to call on the Small Business Ad- heard. The SBA’s voice apparently at Les Bois Park, so the Stevens family ministration (SBA) to fulfill its role as caught the ear of OMB, which pro- remains a part of Idaho’s racing scene. advocate for the hardworking men and longed its consideration of the rule be- So, Mr. President, I am pleased to women who have made small business yond the usual 90-day review period. wish Gary good luck this weekend at the backbone of our nation’s economy. The debate that ensured on the merits the Preakness Stakes, where he will As Chairman of the Committee on of the rule and the basis for regulating once again ride Silver Charm. Gary Small Business, I have heard countless the small employers is exactly the type Stevens is a winner—a winner I am hours of testimony from small busi- of policy discussion the SBA should fa- proud to say who is also an Idahoan.∑ nesses who look to the SBA for infor- cilitate. In fact, during her confirma- f mation assistance and advocacy. tion hearing before the Committee on The SBA’s role as an effective voice Small Business, SBA Administrator JUDGE DAMON KEITH for small business within the executive Aida Alvarez announced her commit- Mr. ABRAHAM. Mr. President, I rise branch recently came under fire during ment to being an effective voice for today to offer my congratulations to the final days of the Office of Manage- small business within the Administra- Federal appellate Judge Damon J. ment and Budget’s (OMB) review of an tion. Ms. Alvarez pledged to carry the Keith, recently named the 1997 recipi- Environmental Protection Agency views and concerns of small business to ent of the American Bar Association’s (EPA) regulation to expand the number the agencies involved and to be an ad- Thurgood Marshall Award. of industries covered by the Toxic Re- vocate for small business at the Cabi- Judge Keith was born on Detroit’s lease Inventory (TRI) reporting re- net table and in her interactions with west side and attended Northwestern quirements. The proposed inclusion of the President. I sincerely hope Admin- High School. After graduation from two industries, comprised predomi- istrator Alvarez will keep to her word.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4619 On the TRI rule, however, the Clinton its Office of Advocacy as an effective voice Co. of Ohio, the Chadaloid Corp., and administration did not. No accommo- for small business. New Wrinkle, Inc. He also worked for dation, such as a threshold for report- Sincerely, the city of Springfield, OH, and the Oli- ing to cover only those sectors of the CHRISTOPHER S. BOND, ver Corp. as a laboratory technician. Chairman. industry that arguably merited cov- Mr. Collins began his career at the erage, was made for the small busi- U.S. SMALL BUSINESS ADMINISTRATION, GPO in 1963 as supervisory chemist in nesses in the affected industries. Washington, DC, April 29, 1997. the ink and reprography division of the Mr. President, it is well known that Hon. CHRISTOPHER S. BOND, Quality Control and Technical Depart- federal regulations have historically Chairman, Committee on Small Business, U.S. ment. He was promoted to deputy man- imposed a disproportionate burden on Senate, Washington, DC. ager of the department in December DEAR CHAIRMAN BOND: Thank you for your small business. Last year, we enacted 1974 and to manager in 1982. During his and Senator Kerry’s supportive letter of service with the GPO, Mr. Collins con- the Small Business Regulatory En- April 16, 1997, to SBA Administrator Alvarez. forcement Fairness Act—better known In view of your strong conviction in the role tributed to the development of plastic to small businesses as the Red Tape of the SBA as a voice for small business, I printing rollers, automated bank Reduction Act—to provide tools to en- believe you should be aware of the results of checks, and U.S. mail processing based sure that small businesses get a fair a recent investigation conducted by my of- on tagged inks. He chaired the inter- shake in agency rulemakings and en- fice. agency task group that developed the Subsequent to receipt of a complaint about Federal Information Processing [FIPS] forcement actions. As the author of the possible improper activity by SBA’s Office of Red Tape Reduction Act and Chairman Standard for optical character recogni- Advocacy in connection with proposed ex- tion [OCR] form design, which proved of the Committee on Small Business, I pansion of the Toxic Release Inventory, my am committed to ensuring that small Investigations Division conducted a thor- to be the most popular FIPS standard businesses have the opportunity to use ough inquiry into the allegations. We found ever published. the tools provided by Congress, includ- that the Office of Advocacy acted properly Mr. Collins initiated the GPO’s envi- ing access to and effective representa- and ethically. Moreover, as you pointed out, ronmental testing and control pro- tion by SBA. The SBA and its Office of SBA is statutorily-mandated to support and gram. He established the organization speak up for the interests of small business. that promulgated the GPO’s Quality Advocacy has an important advocacy During the matter in question, the Office of role to play on behalf of the hard- Assurance Through Attributes Advocacy was carrying out its mission in [QATAP] Program. The QATAP Pro- working men and women whose entre- support of small business. To do otherwise preneurial spirit makes the small busi- would be contrary to its mandated respon- gram was a singular achievement that ness sector so vibrant. In addition to sibilities. resulted in the use of quantifiable at- providing information and assistance, Again, thank you for the vote of con- tributes for measuring quality in Gov- the SBA must rededicate itself to being fidence, and, rest assured, my office would ernment printing, and it is central to an effective voice for small business. not hesitate to take action if SBA activities the GPO’s program of procuring more were improper. Should you, or your staff, than 75 percent of all printing annually The material follows: have any questions, please contact Assistant from the private sector. U.S. SENATE, Inspector General for Investigations Steve Mr. Collins served on the Joint Com- COMMITTEE ON SMALL BUSINESS, Marica at (202) 205–6220 and refer to Office of mittee on Printing’s Advisory Council Washington, DC, April 16, 1997. Inspector General file number 07–0497–03. Hon. AIDA ALVAREZ, Sincerely, on Paper Specifications, which estab- Administrator, U.S. Small Business Administra- JAMES F. HOOBLER, lishes standards for the acquisition of tion, Washington, DC. Inspector General. printing and writing papers for Govern- DEAR ADMINISTRATOR ALVAREZ: Questions f ment use, including recycled paper. In have been raised regarding the activities of 1994 he assisted the enactment of legis- the Small Business Administration’s Office TRIBUTE TO GEORGE J. COLLINS lation requiring that all Federal litho- of Advocacy. As the Chairman and Ranking ∑ Mr. WARNER. Mr. President, I rise graphic printing be performed utilizing Member of the Senate Committee on Small today to pay tribute to George J. Col- vegetable oil-based inks. Today, the Business, we would agree that any credible lins, a resident of Springfield, VA, who allegations of improper conduct should be CONGRESSIONAL RECORD and other con- looked into. We are equally convinced, how- died March 23, 1997. Mr. Collins had a gressional information products are ever, that being a determined advocate for distinguished career of public service produced on recycled paper with vege- the concerns of small businesses is not im- at the Government Printing Office table-based inks, products that Mr. proper conduct by the Chief Counsel of Advo- [GPO]. At the time of his death, Mr. Collins was instrumental in helping to cacy or his employees. The statutory role of Collins was manager of the GPO’s introduce for Government use. He also SBA as the voice for small business within Quality Control and Technical Depart- worked on increasing the use of perma- the executive branch, a role that has been ment, with responsibility for the devel- nent papers for the production of enhanced after last year’s passage of the opment of product standards and qual- Small Business Regulatory Enforcement records with enduring educational and Fairness Act, must not be compromised. ity attributes, testing, and inspection, research value. As the Administrator of SBA, you are as well as the supply of inks, adhesives, Mr. Collins was a member of numer- keenly aware that the Office of Advocacy is and other materials used in Govern- ous professional and industry groups, expected to work with and on behalf of small ment printing. and he represented the GPO on several business and their representatives as an es- A native of Springfield, OH, Mr. Col- advisory boards and committees. He sential part of its statutory mission. The ef- lins served in the U.S. Marine Corps. was affiliated with the Franklin Tech- fectiveness of SBA on behalf of our nation’s He received his bachelor of arts degree nical Society of Washington, DC, the small entrepreneurs and employers depends from Wittenberg College and pursued National Association of Litho Clubs on communication with individual small additional studies at the University of [NALC], the Technical Association of businesses, their trade associations and Cincinnati, Pennsylvania State Univer- other representatives. We trust that as SBA the Graphic Arts [TAGA], the Tech- Administrator you will reject any attempt sity, North Dakota State College, the nical Association of the Pulp and Paper to chill proactive advocacy for small busi- National Cash Register [NCR] Co., and Industry [TAPPI], the American Chem- nesses by the Chief Counsel and others at with international correspondence ical Society [ACS], Toastmasters SBA. To do otherwise would send a clear and schools. He earned certification in a International, and the Committee for alarming signal to small businesses, and variety of technical specialties, includ- Graphic Arts Technologies and Stand- would call into question the ability of SBA ing high polymers, paint technology, ards [CGATS]. He was the recipient of to carry out the critical responsibilities water and waste treatment, industrial various awards for his professional ac- given to it under SBREFA and other laws. chemistry, and statistical methods. tivities, including the Award of Excel- We hope you share our commitment to en- Before entering Government service, lence from the Printing Institute of suring that the unique concerns and inter- Mr. Collins worked at NCR as senior ests of small businesses are given appro- America’s Executive Development In- priate consideration by executive branch research chemist in charge of their stitute, and several GPO awards. agencies. We look forward to learning what polymer group. Earlier experiences in- Mr. Collins was a devoted husband to efforts you will take to support the impor- cluded service as a research chemist his wife Eleanor, father to 5 daughters, tant role historically played by the SBA and with the Commonwealth Engineering and grandfather to 14 grandchildren.

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4620 CONGRESSIONAL RECORD — SENATE May 15, 1997 Throughout his career, Mr. Collins months on my concerns for the grow- of use is dropping. Our last epidemic exemplified skill in his profession and ing threat to our kids from drug use. started with 16 and 17 year olds. To- dedication to public service, and his All of our early warning systems are day’s ‘‘at-risk’’ population, the age of contributions have made Government sounding the alarm. All our major na- onset, is 12 and 13 year olds. printing more cost-effective, efficient, tional reviews of drug trends indicate One of the major reasons for this is and environmentally sound. I join with the emerging pattern. What they show that we have lost our message. We have the employees of the Government is that month by month, day by day, in recent years been inconsistent. And, Printing Office in expressing my sin- minute by minute, drug use among our we are seeing a more sophisticated ef- cere condolences to Mr. Collins’ wife young people is on the rise. They also fort by some to once again promote the Eleanor and his family.∑ make clear that attitudes among idea that drug use is okay. And they f young people about the dangers of are targeting our young people. drugs are changing—for the worse. Nothing brings this home better than APPOINTMENTS BY THE VICE More and more kids, some as young as an item in the Washington Post on 27 PRESIDENT 10 and 11, are seeing drug use as OK, as April. The PRESIDING OFFICER. The no big deal. The Sunday’s Outlook section had a Chair, on behalf of the Vice President, Let’s stop for a minute and reflect on piece by a young woman in a New York pursuant to 22 United States Code 276h– just what these facts mean. For those City high school. She wrote about a re- 276k, as amended, appoints the Senator of us who remember how the last drug cent drug lecture in her health science from Utah [Mr. HATCH], the Senator epidemic in this country got started, class. The article, entitled ‘‘Lessons from Alabama [Mr. SHELBY], and the the present trend is truly disturbing. You Didn’t Mean to Teach Us,’’ is ar- Senator from Arizona [Mr. MCCAIN] as Think for a moment on what happened resting. I invite all my colleagues to members of the Senate Delegation to and how it happened. In the late 1970’s read the piece. I ask unanimous con- the Mexico-United States Inter- and early 1980’s, we saw the streets of sent that the article be printed in the parliamentary Group meeting to be- our inner cities become battlegrounds. RECORD at the conclusion or of my re- held in Santa Fe, NM, May 16–18, 1997. We saw many of our communities, our marks. f schools our public and private spaces The Article official without objec- overwhelmed with violence, addiction, tion, it is so ordered. ORDERS FOR FRIDAY, MAY 16, 1997 and abuse. We saw families destroyed (See Exhibit.) Mr. GRASSLEY. Mr. President, on and individual lives shattered. The Mr. GRASSLEY. The article is based behalf of the leader, I ask unanimous problem became so serious that the on a letter this young woman wrote to consent that when the Senate com- public demanded action. The Congress her teacher. She felt compelled to pletes its business today it stand in ad- responded with comprehensive drug write following a lecture to her class journment until the hour of 10 a.m., on legislation in 1986 and 1988. We sup- by what was billed as a former drug ad- Friday, May 16. I further ask unani- ported massive increases in public dict. As she says, she expected to hear mous consent that on Friday, imme- funding to fight back. We still do. To about the dangers of drug use. What diately following the prayer, the rou- the tune of some $16 billion annually at she and the class got, however, was tine requests through the morning the Federal level alone. very different. hour be granted, and the Senate then That problem, the one we spend all In this case, a very clean-cut looking begin a period of morning business this money on, began with our kids. It young man, identified as a former ad- with Senators permitted to speak for began because we as a country allowed dict, spoke. While the teacher was up to 5 minutes each with the following people to sell us on the idea that drugs present, the speaker evidently did talk exceptions: Senator COCHRAN 15 min- were OK. We bought the idea that indi- about the problems of his personal drug utes, Senator ASHCROFT or his designee viduals could use dangerous drugs re- use. Once the teacher left the room, from 10:30 a.m. until 11:30 a.m, Senator sponsibly. though, the message changed. Instead DASCHLE or his designee for 60 minutes, The consequence was the drug epi- of an anti-message, the lecture became Senator COVERDELL for 10 minutes, demic of the 1970’s and 1980’s. An epi- a mini-course on drugs, drug use, and Senator FEINSTEIN for 10 minutes, Sen- demic whose long-term effects we are how to make a killing selling drugs. ator SNOWE for 15 minutes. still coping with. Let’s remind our- Among the things the speaker passed The PRESIDING OFFICER. Without selves who the principal audience was on was a recipe for a stronger form of objection, it is so ordered. that was listening to all the talk about cocaine. The speaker extolled the vir- tues of being stoned. He ‘‘raved’’ about f responsible drug use. It was kids. It was the baby boom generation in their the incredible amounts of money to be PROGRAM teens who heard the message and took made peddling drugs. He left the class Mr. GRASSLEY. Mr. President, on it to heart. It was a generation of with the advice that since no one could behalf of the leader, for the informa- young people who bought the message. drug test for alcohol, that it was okay tion for all Senators, tomorrow there It did not take them long to translate to drink. will be a period of morning business to the idea that they could use drugs re- The teacher in this particular class, allow a number of Senators time to sponsibility into the notion that they based on negative feedback, has de- speak. Therefore, no rollcall votes will had a responsibility to use drugs. cided not to leave classes alone with be conducted during Friday’s session of As a result, today, a large percentage future guest speakers. Unfortunately, the Senate. of baby boomers have tried drugs. as the young woman who wrote about On Monday, we hope to begin consid- Many of those are today’s drug addicts this incident notes, the damage is eration of the first concurrent budget and dealers. Many of them are today’s done. resolution by possibly beginning de- parents who feel disarmed in talking to Mr. President, if you, or any of my bate. If any votes are ordered on the their own kids about drug use. colleagues, have not yet read this let- resolution, votes would be postponed to Today, we are on the verge of making ter, I encourage you to do so. The story occur not before 5 p.m. on Monday. the same mistake again. After years of that it tells is very poignant, and very In addition, early next week the Sen- progress in reducing drug use among disturbing. We know that there is a ate could return to the consideration of kids, it is this very population that is growing acceptance of drug use among H.R. 1122, the partial-birth abortion at risk. Once again, we are seeing the our children. We can see the reports bill, or S. 4, the Family Friendly Work- glorification of drug use. Increasingly and the story they tell. But what we place Act. As always, Senators will be the music our kids are listening to con- don’t always appreciate is why. notified as soon as any agreements are veys a drugs-are-okay message. The As this letter makes clear, the drugs- reached. normalization of drug use is creeping are-okay message is back. I would hope f back into movies, advertising, and TV. that this lecture by this individual was And who do you think is listening? The an accident and a one-time occurrence. KIDS III answer is in the numbers. But I am concerned that it is rep- Mr. GRASSLEY. Mr. President, I Teenage drug use is now in its fifth resentative of a growing effort to influ- have spoken many times in recent year of increases. And the age of onset ence the young. His talk apparently

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 15, 1997 CONGRESSIONAL RECORD — SENATE S4621 had everything but free samples. As I fear are already trying drugs and alcohol. the way in which he spoke of drugs made the author of this letter tells us, ‘‘. . . For this reason, I was glad when you an- them seem appealing and beneficial. It up- the way in which he spoke of drugs nounced that the surprise guest speaker was sets me to think of how many classes of im- made them seem appealing and bene- someone who had been addicted to cocaine pressionable youths were influenced by this and marijuana. I expected that seeing what man—how many minds were made up by his ficial.’’ This type of message is not iso- happens to you when you get into drugs wonderful tale. I hope that you do not pro- lated. would make many students reconsider what mote future visits with this particular guest From music to videos to movies and they were doing. However, I was sadly mis- speaker and thank you for your attention. advertisement, we are seeing efforts taken in this assumption. Sincerely, once again to glamorize drugs. We have The guest speaker entered as a well- A Concerned Student. dressed, good-looking individual. He was rel- seen initiatives in several states to f push drug legalization under various atively well-spoken and complemented his serious discussion with occasional light THE CERTIFICATION PROCESS I disguises. Just recently a micro-brew- humor. He was described as a good student ery in Maryland has begun to market a who got into trouble and was saved by his Mr. GRASSLEY. Mr. President, the beer made with marijuana seeds under loving teachers. In our eyes, he became the House is in the process of taking steps the title ‘‘Hempen.’’ victim of a corrupt police force and govern- to alter fundamentally the annual cer- Not too long ago some of our major ment. Soon forgotten was the fact that he tification process for drugs. In addi- fashion industry folks began to use got himself into this trouble through the tion, there have been a number of models with the ‘‘Heroin Chic’’ look. sale and consumption of illegal substances. statements in the press and elsewhere While you were present in the room, the We are seeing opinion leaders and by Members of Congress and others on young man acted in accordance with your problems with certification. Individ- members of our cultural elite portray wishes: we could relate to him, and so we lis- drug use as simply a personal choice tened attentively to the important lesson he uals in the Administration, including that is harmless and benign. Many of was teaching us. the Drug Czar, have also broached the these individuals act as if the only However, once you left the room, this trag- idea of change. I agree that some form issue is for responsible adults to decide ic figure opened with the line: ‘‘So, do you of strengthening of the certification for themselves. They speak as if it is guys have any questions? I can tell you any- process is needed. Indeed, I offered my thing you want to know about drugs.’’ He only adults that we need to think ‘‘Three Strikes and you’re out’’ bill continued in the same manner, describing last year with the idea of making the about. This, however, is not in fact the the different effects of different drugs: which case. were best, which made you able to con- certification process tougher. I also If you do not believe this, talk to centrate better, how cocaine kept him awake suggested some fixes this last February parents. Talk to teachers. Talk to the so he could study. When asked if you could in the debate over Mexico. But I also health and law enforcement profes- remember what you studied the next day, he think that it is important to take a sionals who daily see the consequences. responded with an emphatic affirmative. He hard look at what the certification Visit the emergency room of your local mentioned that if you studied while under process is before we tinker with it. hospital and talk to the doctors and the influence of marijuana, you wouldn’t do The recent discussion of the certifi- well on the test unless you were high again cation process is born out of frustra- nurses who see every day the effects of while taking it, in which case you would per- drug use. form to the best of your ability. His expla- tion over the decision on Mexico. I Go to a treatment center and sit and nation for this phenomenon was that you are share some of these concerns and the talk to some of the patients, listen to on a different level of consciousness while frustration. But the present effort is their stories of how drug use has de- high. Furthermore, he assured us that being little more than an attempt to water stroyed their lives, their families. high on marijuana has no effect on your abil- down congressional oversight of US But most important, listen to what ity to drive, as your reaction time is not al- narcotics policy. It does so in the name kids are telling us about what is hap- tered by the drug. He described the various of flexibility. It does so/so that we pening in their schools. To their types of Ecstasy, explaining that he took the won’t be too hard on our international 70-percent drug-content one once and became friends. Ask them where they get their very ill. However, he soon canceled this out partners. I believe this approach is information, and who they listen to. If by describing the type with 30 percent drug wrong. And I will vigorously oppose ef- this letter tells us anything, it is that content as ‘‘nice.’’ Also, he gave us a recipe forts to short change the public’s inter- we must listen to our kids, if for no for a different, stronger form of cocaine. est in upholding tough standards for other reason so we know whom they The pleasing physical effect of drugs was certification. are listening to. Above all, we need to not the sole topic of conversation. At one Since much of the discussion in re- do a better job at delivering a clear, point, someone asked him why he would get cent weeks on certification is based on into drugs if he was doing well in school and a series of myths about it, I think it is consistent, no-use message to our kids. getting good grades. This question led him As we move into the appropriations into a 10-minute exaltation of selling drugs useful to review some of these mis- cycle, we need to keep that need firmly for a living. He raved about the incredible conceptions. in mind. We cannot repeat the mistake amounts of money he made, mentioning The principal myth is that the cer- that we made in the 1960’s and 1970’s. more than twice the fact that he had four tification process unfairly brands other Last time we had a drug epidemic we nice cars. We were all impressed when he countries for drug supply problems. It could claim ignorance. We don’t have said that he made over $500,000 in just four also maintains that this is unfair while any excuses if we let it happen again. years of selling drugs. I’s sure that those of the United States does nothing to deal us who work were thinking contendedly—of EXHIBIT 1 with its demand problem. our five-dollar-an-hour jobs cleaning the toi- LESSONS YOU DIDN’T MEAN TO TEACH US lets and places like McDonald’s and Boston There are several things wrong with After a former drug abuser came to speak Market. this view. First, even if the United to four 10th-grade health classes at a subur- Our new role model summed up his report States did nothing about demand, we ban New York City high school, 16-year-old on the world of drugs by telling us that he have a right and an obligation to do Victoria Slade sent this letter anonymously was still smoking weed until just a few days something about supply. This is espe- to her teacher. The teacher subsequently before. He said he wanted to smoke as much cially true since most of the dangerous, told the classes that, because of negative as he could before he had to be clean for the illegal drugs used in this country are feedback, she would not leave guest speakers Navy drug test. Also, he informed us that if alone with students. Slade has since told the he had not been caught, he would definitely produced overseas. These drugs are teacher that the letter was from her. It is still be using and dealing drugs now. One of then smuggled into the United States, being reprinted with Slade’s permission. his final bits of advice was that they often with the collusion of public offi- I am a student in one of your health class- couldn’t screen you for alcohol, so it is okay cials in other countries. es this semester. As a transfer student from to drink. Our right to stop this flow stems a very small private school, I am daily find- There were many other appalling state- from the fact that we and virtually ing out shocking things about the various ments made by this gentleman which quite every other country in the world are actions and addictions of my peers. I am cur- disturbed me. As I mentioned earlier, many signatories of international agree- rently drug-free, alcohol-free, pot-free, students at this school are into drugs and al- smoke-free, etc. The solid background I re- cohol. I think that the idea behind this visit ments. These agreements bind us and ceived from my previous school ensures that was good: We could live vicariously through them to action to stop drug produc- I will remain thus, but I am extremely con- this young man, whose life is (or should be) tion, trafficking, and money laun- cerned about my classmates, many of whom all but destroyed because of drugs. However, dering. Moreover, most of these same

VerDate Mar 15 2010 22:14 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1997SENATE\S15MY7.REC S15MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4622 CONGRESSIONAL RECORD — SENATE May 15, 1997 countries—including the ones we cer- Some seem to believe that it is out- ADJOURNMENT UNTIL 10 A.M. tify—have made drug production, traf- rageous that we also take steps to pro- TOMORROW ficking, and money laundering illegal tect our national interest. Now, since Mr. GRASSLEY. Mr. President, if under their own laws. And, many of many of the people who voice this lat- there is no further business to come be- these countries have bilateral agree- ter concern are the leaders of drug pro- fore the Senate, I now ask that the ments with the United States that ducing and transit countries, we can Senate stand in adjournment under the commit them to take meaningful ac- take their complaints with a grain of previous order. tion against drugs. Thus, countries are salt. But the domestic critics are a dif- Thereupon, the Senate, at 9:23 p.m., bound to act in terms of international ferent matter. To them, all I have to adjourned until Friday, May 16, 1997, at law. They are committed to binding say is that it would be irresponsible for 10 a.m. agreements with the United States. the United States to put the concerns And they have obligations in terms of and interests of other countries before f their own domestic legal frameworks. those of the American people. Period. NOMINATIONS It is neither unfair nor presumptuous As I said, we would be justified in for the United States to expect other Executive nominations received by certifying other countries on drug co- countries to abide by laws and commit- the Senate May 15, 1997: operation even if we did nothing at ments that they have made. Nor are we IN THE COAST GUARD home. But we in fact do a great deal. being a busybody or arbitrary when we THE FOLLOWING OFFICER OF THE U.S. COAST GUARD Out of a $16 billion counter-drug budg- expect and require countries to uphold TO BE A MEMBER OF THE PERMANENT COMMISSIONED et, less than 10 percent is spent on ac- TEACHING STAFF AT THE COAST GUARD ACADEMY IN appropriate international standards of THE GRADE OF LIEUTENANT. tions outside the United States. conduct. Indeed, it is only by insisting RICHARD W. SANDERS Over 90 percent is devoted to domes- that such principles of conduct be ob- IN THE NAVY tic programs, many of these efforts to served that we have any hope of sus- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT taining respect for and observance of control demand. And this is just at the IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- Federal level. States, local commu- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- international law. This is understood BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION when it comes to judging other coun- nities, and private organizations spend 601: tries on their compliance with a host of this much and a great deal more on de- To be vice admiral mand reduction. Thus, we spend annu- other international canons. REAR ADM. HENRY C. GIFFIN, III, 0000. ally more than $32 billion to deal with After all, we expect countries to ob- IN THE AIR FORCE serve principles governing human our demand problem. There is not an- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT rights, sound environmental practices, other country in the world that de- TO THE GRADE INDICATED IN THE U.S. AIR FORCE UNDER fair trade, counterterrorism, and intel- votes such resources to the problem at TITLE 10, UNITED STATES CODE, SECTIONS 618, 624, AND 628: lectual property rights, to name but a home. few. The United States has been a lead- I remind my colleagues and the crit- To be major er in promoting respect for these areas ics of the certification process that the ANDREW J. JORGENSEN, 0000 of concern. standard for certification is not uncon- IN THE ARMY Congress has passed a host of certifi- ditional success. This is true whether THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR cation requirements regarding them. In we are talking about Mexico or Cali- REGULAR APPOINTMENT AS CHAPLAINS (IDENTIFIED BY part, this is because we recognize that fornia. To get a passing grade on drug AN ASTERISK (*)) UNDER TITLE 10, UNITED STATES CODE, failure to uphold these principles in the cooperation does not mean that a coun- SECTIONS 624, 531 AND 3283: face of willful or negligent disregard is try has to have totally eliminated drug To be lieutenant colonel to abandon the idea of standards alto- production or trafficking, or, for that CHARLES R. BAILEY, 0000 LAWRENCE M. BARRY, 0000 gether. And it makes at least as much matter, use. DAVID E. BATES, 0000 sense to hold other countries respon- It requires a good faith effort. The JOHN H. BJARNASON, JR., 0000 GREGORY L. BLACK, 0000 sible for trafficking in dangerous drugs certification law takes into consider- WILLIAM B. BROOME, III, 0000 as it does to scold them for trafficking ation the many problems with stopping * ANDREW J. BULLARD, III, 0000 WALTER E. DREW, 0000 in pirated CD’s. drug production and transit. Thus, it is DANNY R. FRANKLIN, 0000 As I said, we also have an obligation not unexpected that individuals can RICHARD B. GARRISON, 0000 to uphold these standards. Our obliga- JERRY W. GRAHAM, 0000 disagree on the results. It is not a sign * JOSEPH F. HANNON, 0000 tion is to the American people and to of failure if the Congress and the Presi- ROBERT L. HELTON, JR., 0000 the policies we promote in their inter- JERRY O. HENDERSON, 0000 dent should disagree. Nor should such FREDERICK E. HOADLEY, 0000 est. Protection the citizens of this disagreements be the occasion for KENNETH KOLENBRANDER, 0000 country from enemies, foreign and do- LAWRENCE C. KRAUSE, 0000 throwing overboard the very process JAMES M. LEWIS, 0000 mestic, is one of our most important we have for ensuring cooperation. And JAMES E. MAY, 0000 responsibilities. Stopping dangerous WILLIAM L. MERRIFIELD, 0000 it does do this. Over the course of the JOHNNY W. MIMS, 0000 drugs coming to this country from certification process, we have seen STEVEN E. MOON, 0000 abroad falls squarely into this cat- ANDREW R. MULVANEY, 0000 more countries take the issue seri- TED W. NICHOLS, 0000 egory. ously. They do this because they are RICHARD L. PACE, 0000 If we are prepared to enforce sanc- EARL B. PAYTON, 0000 aware that we take it seriously. We tions for violations of intellectual CHARLES D. REESE, 0000 have taught our own administration CURTIS C. SCHLOSSER, 0000 property rights, it is hardly excessive WILLIAM C. SHELNUTT, 0000 to judge cooperation by other countries and other countries that cooperation LARRY S. SMEDLEY, SR., 0000 on drugs is important. To now abandon MICHAEL S. STEELE, 0000 to stop the flow of illegal drugs. After HAROLD G. TYLER, 0000 the chief tool that we have is to run RONALD W. WUNSCH, 0000 all, not one American has died from JOHN L. WYDEVEN, 0000 Chinese counterfeit CDs. China White from our responsibilities at the first sign of unpleasantness. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT heroin, on the other hand, has killed TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR countless of our fellow citizens and ru- Certification is not perfect. No legis- REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK lative tool is. We must, however, not (*)) UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624, ined the lives of tens of thousands 628, AND 531: expect more than is realistic. The more. This points up our obligation to To be major uphold international standards of con- present process clearly indicates Con- CHESSLEY R. ATCHISON, 0000 duct. gress’ expectation that countries, in- * ROBERT P. GROW, 0000 Somehow, though, when it comes to cluding our own, will demonstrate seri- RORY H. LEWIS, 0000 MARK L. REEDER, 0000 the drug issue, many seem to believe ous commitment. That commitment * STEPHEN E. SCHLESS, 0000 requires more than pious words. It ex- that expecting good conduct is wrong. IN THE MARINE CORPS They seem to hold to the notion that it pects action and demonstrable results. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT is unfair. They act as if it is unkind to Failing that, it is wholly within our TO THE GRADE INDICATED IN THE U.S. MARINE CORPS expect countries to comply with inter- right to judge and to take appropriate UNDER TITLE 10, UNITED STATES CODE, SECTION 624: national law, solemn agreements, and steps. It is also an obligation. To be colonel their own legal requirements. I yield the floor. RICHARD L. SONGER, 0000

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THE FOLLOWING NAMED OFFICERS FOR ORIGINAL REG- MARIANO G. HAWK, 0000 TIMOTHY M TWOHIG, 0000 ULAR APPOINTMENT AS PERMANENT LIMITED DUTY OF- JIMMY F. HEGGINS, JR., 0000 MICHAEL J WEBB, 0000 FICER TO THE GRADE INDICATED IN THE U.S. MARINE MARC C. HOWELL, 0000 JOANN O WESLEY, 0000 CORPS UNDER TITLE 10, UNITED STATES CODE, SECTIONS CARL J. HUTCHISON, 0000 DANIEL R WESTPHAL, 0000 531 AND 5589: THOMAS J. JOHNSON, 0000 ANTHONY W WHALEN, 0000 PHILLIP E. KLENDWORTH, 0000 RICHARD S WILEN, JR, 0000 To be captain RICHARD D. KULP, 0000 DAVID O WILLIAMS, 0000 ROBERT E. BALLARD, 0000 ARTHUR H. LABREE, 0000 PATRICK K WYMAN, 0000 JORGE L. MEDINA, 0000 BRUCE E. BATTON, 0000 IN THE NAVY JOSEPH R. BOEHM, 0000 RORY F. MEEHAN, 0000 THOMAS D. BONDI, 0000 MARK A. MENTIKOV, 0000 THE FOLLOWING NAMED OFFICER, FOR APPOINTMENT CHARLES E. BROWN, 0000 JEFFREY L. MILLER, 0000 TO THE GRADE INDICATED IN THE U.S. NAVY UNDER JACKIE O. BYRD, 0000 ALFRED G MOORE, 0000 TITLE 10, UNITED STATES CODE, SECTION 624: BRIAN K. COLBY, 0000 CHARLES T PARTON, 0000 DAVID L. COMFORT, 0000 JOHN D PAULIN, 0000 To be commander JAMES N. CROOK, 0000 JODY D PAULSON, 0000 TIMOTHY S. GARROLD, 0000 JOHN T. CURRAN, 0000 STEPHEN V PENNINGTON, 0000 TRACY A. DECATO, 0000 DEBORAH A PERIERA, 0000 THE JUDICIARY CHRISTOPHER S. DINOFRIO, 0000 DAVID S PHILLIPS, 0000 MARK J. DIXON, 0000 ROBERT P ROBERSON, II 0000 HENRY HAROLD KENNEDY, JR., OF THE DISTRICT OF STEPHEN J. DUBOIS, 0000 RONALD W SABLAN, 0000 COLUMBIA, TO BE U.S. DISTRICT JUDGE FOR THE DIS- ANDREW J. FOX, 0000 WILLIAM E SAULS, 0000 TRICT OF COLUMBIA VICE JOYCE HENS GREEN, RETIRED. STEFAN GRABAS, 0000 MICHAEL H SCHMITT, 0000 RODNEY W. SIPPEL, OF MISSOURI, TO BE U.S. DISTRICT GREGORY B. HARAHAN, 0000 KENNETH A STROUD, 0000 JUDGE FOR THE EASTERN AND WESTERN DISTRICTS OF RALPH P. HARRIS, III, 0000 STEVEN C TAYLOR, 0000 MISSOURI VICE STEPHEN N. LIMBAUGH, RETIRED.

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A BUDGET PROPOSAL THAT bill incorporates the Medicare package and re- Billion by 2002. Total expenditures over the INVESTS IN OUR FUTURE stores certain benefits eliminated by last next five years exceed the Budget Agreement year's welfare reform bill. This bill also incor- by over $30 Billion in order to provide for do- mestic investment initiatives. porates the revised CBO assumptions about HON. GEORGE E. BROWN, JR. Research and Development—An overall in- OF CALIFORNIA future revenues. crease in R&D, including basic research, en- IN THE HOUSE OF REPRESENTATIVES Perhaps more importantly, this bill drops the ergy research, health, space, agricultural re- Medicaid reform provisions of House Concur- Thursday, May 15, 1997 search, and defense research of $30 billion rent Resolution 58 and the downward adjust- over the President’s request over the next Mr. BROWN of California. Mr. Speaker, ments to the CPI. Although these represented five years. today we are in budgetary limbo. We have more far-reaching entitlement reforms, I recog- Transportation—An increase in physical been told that we will soon be presented with nize that there was simply no political consen- capital investment spending of $40 billion a budget agreement that will set us on an eco- sus today that would support their successful over five years above the President’s request nomically sustainable course for the future. enactment. including an increase in highway spending We have been told that the package of spend- In sum, this bill today eliminates the deficit up to $26 billion per year, the maximum spending level that leaves stable trust fund ing cuts and tax cuts will benefit all Americans in 5 years while increasing spending on in- balances. from Main Street to Wall Street. We have vestments that will help our economy grow. Energy Conservation—Increased spending been told that the only thing left is to fill out This bill does not incorporate a tax cut. Such 5% per year for energy supply R&D and en- the details. We do not know what these details tax cuts should only be considered when the ergy conservation will enable a more robust are today and we may not understand their budget is actually balanced. Many have com- relationship between energy policy and other significance until long after we have voted on plained that the tax cuts being considered emerging environmental and economic influ- this package on the floor. have become a football in partisan political ences that will affect future energy con- Unfortunately it is these very details that will struggles and may lead to a ballooning deficit sumption patterns. govern, not only whether this package can in 10 years just as the 1981 tax cut did. If this Environment—The proposal increases hold together during the remainder of the does occur, the public will certainly recall this spending for Superfund cleanup, an expan- sion of Brownfields initiative, and clean and budget process, but also whether this agree- budget agreement as a colossal failure. safe drinking water state revolving funds. ment will have any beneficial effect at all on Mr. Speaker, I intend to ask the Rules Com- This will enhance the economic development the economy 10 years from now. Unfortu- mittee to make this alternative in order at the and use of natural resources in an environ- nately, this budget resolution we will vote on time the budget resolution is considered on mentally sustainable manner. will be nothing more than an accounting the floor. As of today, over 35 Members have Technology Development—Increased fund- gameÐhow can we get to a zero deficit in 5 expressed support for this request and there ing for the National Institute of Standards years. will be many more as the details of the budget will enable NIST to maintain its core sci- The real question should not be whether the resolution emerge. I believe it is important that entific research programs and to expand its deficit is zero, whether we have a $10 billion Members have such genuine alternatives be- technology and manufacturing partnership cause there are many ways to balance the programs. Steady growth in the Advanced deficit, or whether we have a $10 billion sur- Technology Program will promote industrial plus. To a first approximation, all of these will budget. alliances and lead to the direct creation of have about the same effect on the economy There has been a long-running debate over new, high tech jobs in the future. Sustaining and they are all arbitrary accounting bench- the inability of the Government to distinguish funding for the Manufacturing Extension marks. The real question should be whether between investment and consumption and to Program will provide technical and business we are spending Federal resources on invest- structure a workable budgetary system that assistance to improve the competitiveness of ments that will help us achieve productivity recognizes the functional effect of investments U.S. manufacturers. gains in the future. The well known campaign on the economy. There has been almost a Enforcing Investment Spending Targets— slogan ``it's the economy stupid!'' should be universal recognition by economists that the Overall investment spending targets exceed present budgetary structure has led to chronic the President’s budget by over $70 billion replaced by ``it's productivity stupid!''. over the five year period and will begin to This year, the President's budget clearly underinvestment and will continue to do so. halt the decline in investment spending. The shows that Federal investments, especially Hopefully, the bill I am introducing today will proposal includes an enforcement mecha- nondefense investments, have continued their be a first step toward addressing this crucial nism through the 602 budgetary allocations decline both as a percent of total outlays and problem. which protects investment spending from as a percent of the GDP. The percent of our I am including a brief summary of the main consumption spending during the appropria- total outlays which are invested in things such features of this bill and the assumptions we tions process. as transportation, R&D, and education has have made in developing it. Future Investment Spending—Establish- ment of a trust fund from the proceeds of fallen to an all-time low of less than 13 per- KEY PROVISIONS OF THE INVESTMENT BUDGET cent of the budget. This is less than half of FCC spectrum auctioning that may be used The Investment Budget was developed ear- to fund future investment. what we invested in these categories in 1970. lier this year as a potential alternative budg- Medicare—The proposal incorporates the Today, I am introducing a budget alternative et resolution. It provided for increases in in- Medicare reform package included in the called the investment budget intended to re- vestments including R&D, transportation, Budget Agreement. This extends the 25% verse this decline and establish clearer budg- and education and training. It offsets these part B premium payments, reforms provider etary goals for Federal investments. Earlier increases by limiting defense spending, in- payments, and extends Medicare solvency this year, I introduced House Concurrent Res- corporating the Medicare reform proposals through 2007. from the Budget Agreement, and including Medicaid—Medicaid savings are offset by olution 58 which encompassed many of these the reductions in unwarranted benefits pro- Medicaid expansion to restore benefits for concepts. That bill increased funding for R&D, posed by the President. disabled legal immigrants, legal child immi- transportation, and human capital while de- A summary of the key provisions of the In- grants, to finance children’s health insur- creasing funding for consumption spending. vestment Budget is as follows: ance. No net change in Medicaid is assumed. This bill eliminated the deficit in 5 years using Balanced Budget—Using CBO scoring, the Consumer Price Index—No legislative CBO assumptions. proposal provides a surplus by the year 2002. In addition, the proposal meets the pre- change in the CPI is included. The bill I am introducing today retains all of Tax Cuts—No tax cuts are assumed in this the features of House Concurrent Resolution viously established discretionary cap in F.Y. 1998. In sum, this proposal cuts spending by proposal until the budget is balanced. 58 dealing with investments. This bill, how- $220 billion over the next five years. Welfare Reform Restorations—The pro- ever, incorporates many of those items con- Non-Defense Discretionary Spending—The posal restores both Medicaid and SSI bene- tained in the budget agreement that have proposal increases non-defense discretionary fits for most of the legal immigrants that achieved a broad consensus. Specifically, this spending from $282 Billion in F.Y. 1998 to $306 would have been affected by last year’s law.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E936 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1997 TRIBUTE TO RIVERHEAD LIONS speak out about an injustice being perpetrated Mr. Speaker, the system of assessing and col- CLUB against a group of Irish nationals who have lecting these drawback taxes add complicated lived in this country as law-abiding citizens, and costly steps to doing business in America. HON. MICHAEL P. FORBES but who our Government is seeking to deport. I urge all of my colleagues to join me in co- OF NEW YORK These men have American familiesÐwives, sponsoring this bill, H.R. 1620, the Occupa- IN THE HOUSE OF REPRESENTATIVES children, grandchildrenÐthat would be torn tional Tax Equity Act of 1997. Thursday, May 15, 1997 apart by their deportations. they are also part f of our communities. They are our neighbors. Mr. FORBES. Mr. Speaker, I rise today to One of these men in particular, Kevin TRIBUTE TO DAVID EATON pay tribute to the Riverhead Lions Club, an in- Crossan, lives in my community in New York. REYNOLDS valuable community service organization that His wife, Joyce, is an American. SPEECH OF is celebrating its 50th anniversary as a charter Kevin was arrested by the British authori- Lions Club. For the past half-century the ties, beaten, tortured, and ultimately convicted HON. BOB SCHAFFER Riverhead Lions Club has lived up to the spirit in a special political court with no jury. He of LionismÐ``We Serve''Ðby serving the OF COLORADO served 14 years as a political prisoner in Long needs of the children and elderly, the blind, IN THE HOUSE OF REPRESENTATIVES Kesh Prison. Upon his release he was again and the poor of this east end Long Island Wednesday, May 14, 1997 harassed, as was Joyce who was herself ar- community. Mr. BOB SCHAFFER of Colorado. Mr. The charities and community programs that rested and detained in Castlereagh for 3 days. Speaker, I rise today to pay tribute to David the members of the Riverhead Lions Club She sued the chief of the Royal Ulster Con- Eaton Reynolds, a young man from Eaton, support have a profound effect on the quality stabulary for unlawful detainment, and the Brit- CO, who had planned to celebrate this day, of life of so many of my neighbors here on ish authorities admitted their guilt through a his last day of high school, with friends and eastern Long Island. In the interest of time, I settlement. can name but a few, but they include the If the Crossans are sent back to Northern classmates. However, for reasons known only Guide Dog Foundation, scholarships for Ireland, it is fairly certain that they will again to the Almighty, David was called home to the Riverhead High School students, the face harassment from the authorities. Lord on Monday, April 7, 1997. Riverhead Senior Citizens Center, Central Suf- So why is our Government trying so hard to The proud son of Allen and Lynda Reyn- folk Hospital to the March of Dimes and regu- deport Kevin? No other government has de- olds, David was a very courageous young lar food drives. manded that he be turned over. He clearly has man who loved participating in life despite a In its first 50 years of existence, the mem- a well founded fear of persecution if they are long-term illness. He was a manager on the bers of the Riverhead Lions Club are most sent back. He has posed no threat to this Eaton High School football team and a mem- fondly remembered in the community for the country in the 6 years he has lived here. His ber of the Knowledge Bowl. He had a keen in- annual show, which evolved into the annual deportation would destroy an American family. terest in current events, especially political is- Christmas parade that delights the children Mr. Speaker, I have often taken to the floor sues, and ran his own newspaper, The Eaton and adults of Riverhead every December. Just of this House to speak out against the cruel Gazette. He also enjoyed traveling and doing as important, the Lions Club has sponsored and mindless immigration laws we have in this things with his three brothers and cousins. the Riverhead Little League, provided free eye country. the inexplicable heartlessness with I came to know David when he volunteered examinations and eyeglasses for the needy, which this family is being treated is simply one on my congressional campaign last fall. He and sponsored guide dog training and held more example of an immigration system that faithfully came to our headquarters and be- dinner-dances to raise funds for the blind. too often ignores the pleas of those who have came an integral part of our volunteer effort, There were 31 charter members who found- come here seeking asylum from government cheerfully performing important tasks such as ed the Riverhead Lions Club back in 1947. oppression and the opportunity to make a new telephoning people and asking for their vote. The two surviving charter members are life. He carried out each assignment with much en- Charles E. Gate, a retired attorney who now The community I represent hopes that the thusiasm and determination, as if the outcome resides in Colorado, and John R. Bagshaw, a Crossans will soon win the right to remain of the election was solely his responsibility. realtor who still lives in Riverhead. here in the United States, free from the fear As a devoted Christian, David was a mem- Here on the east end of Long Island, just as they left behind in Northern Ireland. ber of the United Congregational Church of they do across America, we treasure the f Eaton. He lived his faith every day exemplify- close-knit, community spirit of our towns and ing the principles of honesty, compassion, villages, where neighbors help each through THE OCCUPATIONAL TAX EQUITY charity, and love. their times of need. Mr. Speaker, Riverhead is ACT OF 1997 Mr. Speaker, I am honored to pay tribute to a community where residents are committed David. He is going to be missed by so many to helping those in need, whether it's feeding HON. GEORGE P. RADANOVICH in the community, most especially his parents a hungry child, helping a talented student af- OF CALIFORNIA and brothers, and his many friends including ford a college education, or caring for an el- IN THE HOUSE OF REPRESENTATIVES me, but we can say our lives were enriched derly neighbor. because we knew David Eaton Reynolds, a Thursday, May 15, 1997 That is why I ask my colleagues in the U.S. young man who loved his family and living life House of Representatives to join me in salut- Mr. RADANOVICH. Mr. Speaker, today, I to its fullest. Surely, at the gates of Heaven he ing the Riverhead Lions Club on its 50th anni- am introducing the Occupational Tax Equity is able to say, as the Apostle Paul did, ``I have versary. For half a century, the Lions Club has Act of 1997, a bill which will abolish the spe- fought the good fight, I have finished the race, done more than just help their neighbors who cial occupational taxÐan antiquated nuisance I have kept the faith.'' need it, or provide recreational opportunities tax on producers, wholesalers, and retailers of f for their children. The Lions Club has also pro- beer, wine, and spirits. vided the citizens of Riverhead the opportunity In particular, thousands of small mom and AUTHORIZING 1997 SPECIAL OLYM- to express their strong love for the community pop businesses are saddled with paying an PICS TORCH RELAY TO BE RUN by getting involved and by helping their neigh- additional $250 per year which is regressive THROUGH CAPITOL GROUNDS bors. Congratulations to the Riverhead Lions andÐin factÐa piggyback tax on top of count- Club, and may it enjoy many more happy an- less Federal, State, and local taxes. SPEECH OF niversaries to come. We are spending more to collect less and, HON. JOSEPH P. KENNEDY II f as we in Congress look to streamline the Na- OF MASSACHUSETTS JUSTICE FOR KEVIN CROSSAN tion's revenue collection system, we should be IN THE HOUSE OF REPRESENTATIVES particularly horrified by the cost of enforcing special occupational tax payment compli- Tuesday, May 13, 1997 HON. JERROLD NADLER anceÐa compliance that borders nearly 50 Mr. KENNEDY of Massachusetts. Mr. OF NEW YORK percent. Speaker, I rise in strong support of House IN THE HOUSE OF REPRESENTATIVES This bill also includes provisions to revise Concurrent Resolution 67, the Special Olym- Thursday, May 15, 1997 the current drawback regulation for non-bev- pics Torch Relay. I think it is a wonderful idea Mr. NADLER. Mr. Speaker, today I join with erage alcohol producers and replace it with a to utilize the Capitol grounds to honor these my colleagues from both sides of the aisle to more efficient means of collection. Here again, fine Americans. May 15, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E937 The Special Olympics recognizes that even where he will be district superintendent of the priceless heritage is truly cherished by the though some people may have a disability, it United Methodist Church. On May 18, 1997, residents of this seaside community along does not mean they cannot compete and suc- Reverend McCutcheon will be honored by his Long Island's south shore, because for the ceed in sports. The participants in the Special church and the entire Florence community for past three decades its children have learned Olympics are shining examples of what moti- his years of unselfish and untiring service. As America's story from a gifted teacher whose vation, desire, commitment, and strength of the representative of the Sixth Congressional love for story of his ancestor and a devotion will can mean. They never let the fact that District of South Carolina, I join in saluting to our American heritage links him forever to they may not have two legs, or two arms Reverend McCutcheon and wish him and his the goodly chain. stand in their way. They know that even if they family godspeed and success in their new en- f are mentally challenged they can succeed at deavors. whatever they work hard at. f MOUNT VERNON LADIES’ ASSOCIA- I think it especially appropriate that we are TION HOSTS WINE FESTIVAL also considering the Individual with Disabilities TRIBUTE TO EUGENE T. HORTON Education Act today. Few other Federal laws HON. GEORGE P. RADANOVICH have ever had such a profound impact on a HON. MICHAEL P. FORBES OF CALIFORNIA group of our citizens. It is a testament to our OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Nation that we have chosen to guarantee all IN THE HOUSE OF REPRESENTATIVES Thursday, May 15, 1997 our disabled citizens a free and appropriate Thursday, May 15, 1997 education. Mr. RADANOVICH. Mr. Speaker, congres- Disabled people have always know that Mr. FORBES. Mr. Speaker, I rise today to sional colleagues and friends in the U.S. wine given the proper education they are able to pay tribute to Mr. Eugene T. Horton, a dedi- industry, I rise today to commend the Mount contribute to society and lead fulfilling lives. cated educator who was taught social studies Vernon Ladies' Association for hosting the For too long, nondisabled people thought dif- at the East Moriches School on Long Island first-ever Wine Festival and Sunset Tour of the ferently. I am pleased that we have come so for the past 33 years. When the school year historic Mount Vernon Mansion, home of our farÐand hope that we will soon see the day ends this June, Gene will retire from the most first President, George Washington, May 16, that there are no impediments to full inclusion noble of professions. As he departs, Gene 17, and 18, 1997. of the disabled in everyday life. leaves behind a proud legacy for the entire As the first vintner to have the honor of The participants have trained hard and long East Moriches community, a gift inspired by serving in our Nation's Congress since Thom- for their competitions, and I hope all of my col- his love for history and a desire to impart that as Jefferson and as the Toastmaster for the leagues will join me in congratulating them. passion to each of his students. opening night of this 3-day event, I wish to an- f A lifelong Long Islander, Gene Horton has nounce that my office has been notified that, given generously of himself to the East among the distinguished public planning to at- IN HONOR OF REV. LARRY D. Moriches School, imparting his prodigious tend this event, both Gen. George Washington MCCUTCHEON knowledge and love for history to his students. and Thomas Jefferson will be present. Rather than force the rote memorization of Twelve of Virginia's award-winning wineries HON. JAMES E. CLYBURN dates and facts, he brought his lessons to life, will be pouring samples of their finest wines. OF SOUTH CAROLINA inspiring in his students his own abundant The special tour of the Mansion will offer a IN THE HOUSE OF REPRESENTATIVES pride and expansive understanding of their new special view of the Washington family's American heritage. hospitality frequently enjoyed by friends, col- Thursday, May 15, 1997 Realizing that history is a living creature that leagues, and foreign leaders of the period, in- Mr. CLYBURN. Mr. Speaker, I rise today to should be experienced, Gene Horton orga- cluding a first-ever look at the Mansion's cellar pay tribute to Rev. Larry D. McCutcheon for nized an annual trip to our Nation's Capitol, where Washington stored his wines. The par- his many contributions to the Florence, SC providing his East Moriches students the op- ticipating Old Dominion wineries in this event community. portunity to bear witness to America's own his- are Barboursville Vineyards & Historic Ruins, Reverend McCutcheon came to Florence in tory as it unfolds. His enthusiasm for local his- Chateau Morrisette, Gray Ghost Vineyards, 1990 to assume the pastorate of Cumberland tory of his own Long Island community in- Horton Cellars Winery, Ingleside Plantation United Methodist Church. Under his tenure, spired many students to join him in developing Vineyards, Jefferson Vineyards, Lake Anna Cumberland Church has grown in membership the book ``Strolling Through Old East Winery, Oasis Winery, Prince Michel Vine- and built a community outreach center to ad- Moriches.'' That pride in community extended yards, Tarara Vineyard & Winery, Williams- dress a myriad of social, educational, and outside the social studies classroom, inspiring burg Winery Ltd., and Wintergreen Vineyards human needs. many East Moriches residents to join him and & Winery. A committed church leader, Reverend his students in the now annual ``Clean Up When George Washington was not meeting McCutcheon has held several important posts East Moriches'' Earth Day project. the call of the Nation in leading our Continen- in the Methodist Church. Among these posts Gene Horton's love for local history has led tal Army toward independence and the incom- are: chairperson, South Carolina Annual Con- to another career as an author and newspaper parable responsibilities of establishing our ference Health and Welfare Committee; dean, columnist. He has had three books on his fledgling democratic institutions, he remained Ethnic Minority Local Church Pastor's School; home town of Blue Point published: ``Blue at heart an agriculturalist, interested in all sec- and, registrar, South Carolina Annual Con- Point Remembered'' in 1982, ``A History of tors of farm economy. ference Pastors' Seminar. His affiliations in- Our Lady of the Snow Church'' in 1985 and Based on his own observations during his clude: Black Methodists for Church Renewal; the ``Centennial History of the Blue Point Fire travels along the eastern seaboard of America Congregational Development Committee; and, Department'' in 1990. ``the spontaneous growth of the vine . . . bent the South Carolina Methodist Foundation. An admiring colleague offered this quote by under the weight of the ripe grapes,'' Wash- In addition to his responsibilities as a church the German philosopher Goethe to illustrate ington was inspired to make repeated at- pastor, Reverend McCutcheon has been a Gene's devotion to his profession and his stu- tempts at planting both native American vines community leader and has given tirelessly of dents: ``Happy the person who thinks of an- and cuttings brought from Europe. his energy and time to numerous causes and cestors with pride, who likes to tell of their But, not unlike what Thomas Jefferson organizations, including: president, Florence deeds and greatness, and rejoices to feel facedÐthe humidity of the region, lack of Area Religious Leaders; president, Florence linked to the end of a goodly chain.'' As a knowledge of vineyard management and the County Democratic Party; and, vice-chair- teacher and American, Gene Horton is inex- technology of dealing with pests and plant dis- person, Lighthouse Ministries. He is a member tricably linked to that goodly chain, connecting eases, these attempts failed. of many civic organizations, including: the him equally to those who founded and built Our Nation had to wait some 200 years be- NAACP; Partners in Education; the Mayor's this great Nation, and to the leaders of tomor- fore the knowledge of modern viticulture and Advisory Board; the United Way; Denmark row to whom he has imparted his knowledge enology practices would allow the American Technical College Foundation; and, the United an affection for history. wine industry to develop into one that is pres- Negro College Fund. So I rise, Mr. Speaker, to ask my colleagues ently recognized internationally, with a strong Reverend McCutcheon will soon be depart- in the U.S. House of Representatives to join competitive presence in the world market. ing Cumberland Church and the Florence me in honoring a man who has given so much I wish to commend the work of Mount Ver- community, and moving to Charleston, SC to the children of East Moriches. Our Nation's non staffers, management, and the event's E938 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1997 wine consultant, Gordon W. Murchie, a friend A SALUTE TO OUR NATION’S LAW that I acknowledge the retirement of an out- and industry spokesman, for presenting to the ENFORCEMENT OFFICERS standing woman who has given over 30 years American public the proper image of the U.S. of her life to public service. Justine O'Donnell wine industry as being a part of our Nation's HON. EDDIE BERNICE JOHNSON began her distinguished career in Washington, history, culture, and commerce. Public edu- OF TEXAS in 1960, where she worked for my uncle, cation that promotes ``responsible moderate IN THE HOUSE OF REPRESENTATIVES President John F. Kennedy, until his untimely death in 1963. consumption of wine as part of a healthy adult Thursday, May 15, 1997 diet and life style'' is the message the U.S. Following her years at the White House, wine industry and I wish to convey. Ms. EDDIE BERNICE JOHNSON of Texas. Justine worked tirelessly on behalf of Demo- Mr. Speaker, I rise today to join others in the I am sure the Mount Vernon event will help cratic ideals. In 1980 she returned to Wash- nation who this week are recognizing our law ington to work for my uncle, Senator TED KEN- further promulgate the message that wine is a enforcement officers for their role in protecting beverage to be enjoyed in moderation with NEDY, in his bid for the Presidency. After a their respective communities. I would like to stint with the General Services Administration, food, friends and in all manners of social oc- particularly recognize those officers of the Justine served as an ombudsperson for then casions, but never abused. sheriffs and police departments of Texas' dis- Massachusetts Secretary of Health and FACTS AND FIGURES trict 30 which I represent, for I personally Human Services Phil Johnston, and later as NATIONAL RANKING know of the distinction and valor with which the director of client services for the Common- they carry out their daily duties. Over the wealth of Massachusetts until 1990. In this last 12th among farm wine and commercial years, we have witnessed many of our com- grape growing states. position, Justine had an opportunity to display munitiesÐparticularly in urban areasÐunder- 6th among vinifera wine growing states. her deep and genuine concern for the plight of go drastic change. With the scourges of crack, some of the neediest citizens in the Common- poverty and family dysfunction fraying the so- 1979 1997 Percent wealth. Her compassion for this same popu- increase cial fabric of our communities, law enforce- lation did not diminish as she finished out the Growth: ment officers have been called upon to as- last 5 years of her career in public service at No. of wineries ...... 6 49 700 sume a greater responsibility for the safety of the Massachusetts Division of Medical Assist- Acreage ...... 286 1500 424 our neighborhoods. ance. Much has been said about the tensions that Rounding out her record of devoted public 1996 Production: 1,763 tons of wine grapes exist between law enforcement agencies and producing 282,080 gallons of wine. service, Justine has been very active in com- the communities they serve; however, I know munity affairs. Justine played an important role VITICULTURAL REGIONS that in communities such as Dallas and Irving, in the dedication of the John F. Kennedy Li- Virginia has six specifically designated TX, the police departments are reaching out to brary in Boston, and she continues today as a grape growing (viticultural) regions: Monti- neighborhoods residents to establish partner- member of the Friends of the Kennedy Li- cello, Northern Neck George Washington ships in fighting crime and increasing commu- brary. Birthplace, Rocky Knob, Shenandoah Valley, nity safety. Many of these policemen and po- I would like to join with Justine's family and Eastern Shore, and North Fork of the Roa- licewoman are unsung heroes, who daily climb friends as they gather this Thursday, May 15, noke. into their police cruisers, walk their neighbor- to commemorate her efforts on behalf of her MAJOR VARIETIES hood beats or ride their bicycles on patrol, fellow citizens, and to extend to her my best Vinifera varieties: Chardonnay, White each day knowing that they risk death or seri- wishes for the future. Ricsling, Cabernet Sauvignon, Pinot Noir, ous injury. While communities may be able to f Gewurztraminer, Cabernet Franc, function without hostile corporate takeover Sauvingnon Blanc, and Merlot. specialist or sitcom stars, no community could 95TH ANNIVERSARY OF THE Major French hybrid varieties: Seyval, function without a dedicated force of law en- ISLAND OF CUBA Vidal Blanc, Villiard Blanc, and Marechal forcement personnel. It says something about Foch. our priorities as a society thatÐin spirit of its HON. ILEANA ROS-LEHTINEN Major American varieties: Concord, Dela- indispensabilityÐlaw enforcement is among OF FLORIDA ware, and Niagara. the lowest paid professions. IN THE HOUSE OF REPRESENTATIVES I would also be remiss if I did not also rec- Acre- Percent Thursday, May 15, 1997 Variety age total Percent per ton ognize the husbands, wives, and children of acreage our law enforcement officers, the ones who Ms. ROS-LEHTINEN. Mr. Speaker, next Tuesday, May 20, marks the 95th anniversary Vinifera ...... 1140 76 $1,100 to $1,200. stay at home each day not knowing if their French hybrid ...... 285 19 $500 to $600. since the island of Cuba gained its independ- American ...... 75 5 $400 to $500. loved ones will be facing a life-threatening sit- uation. Should anyone doubt the dangers of ence. The history of that beautiful nation has been measured, in large part, by the struggle Number of Vineyards in 1997—140. the job, they need only visit the Law Enforce- ment Memorial in Washington, DC, and read of its people to overcome tyrannies that have 1996 SALES the names of those who have given their lives attempted to rule over the islandÐfirst the Cases and retail sales: 191,849; $23,021,880— in service to their communities. The families of Spanish crown, and today, another destructive 9.5% increase over 1995. our peace officers deserve recognition for their dictatorship, that of Fidel Castro. Under the Castro dictatorship, the people of DISTRIBUTION OF VIRGINIA WINES steadfast support of their spouse or parent the island enjoy no semblance of human rights In Virginia: Virginia wine is sold in retail who is often under-appreciated and underpaid. or civil rights. Dissidents, independent journal- outlets, restaurants, through festivals and We all should take the opportunity to let our special events, and direct at individual law enforcement officers and their families ists, and human rights activists are routinely wineries. know that their service and sacrifices are ap- harassed, arrested, and imprisoned. Others are murdered by the Castro Com- Other: Distributed primarily in the eastern preciated. As a Member of Congress, I pledge munist elite that allows no opposition to its re- United States. Virginia wines are also found to continue to work to enact legislation that pressive policies. Many of the names of those in major cities abroad as well as American aids our peace officers and law enforcement cities such as Chicago, Dallas, Los Angeles, who have been subject to the torturous reign agencies in the performance of their duties. and San Francisco. of the Castro regime, men and women, black Mr. Speaker, in conclusion I offer my heartfelt Tourism: Through winery tours and and white, may never be known. tastings, the Virginia wine industry attracts salute to our Nation's police officers, sheriff's The immorality of the Castro dictatorship is over 500,000 visitors annually. deputies, and highway patrol officers. equaled by the willingness by many of our Eu- Reasons for Virginia Wine Industry f ropean allies, Canada, and Mexico to trade Growth: Favorable climate for growing TRIBUTE TO JUSTINE O’DONNELL with the Castro regime despite them knowing grapes; Institutional support, especially that it only serves to strengthen his grip on from Division of Tourism and the Depart- power. ment of Agriculture & Consumer Services; HON. JOSEPH P. KENNEDY II As we approach the 96th anniversary of the Research and technology support from OF MASSACHUSETTS first time the Cuban flag flew alone over Cuba, VPI&SU; Strong wine marketing program; IN THE HOUSE OF REPRESENTATIVES An increasing regional and national aware- let us remember that only 90 miles from the ness of quality of Virginia wines; and Dedica- Thursday, May 15, 1997 greatest democracy on earth, 11 million Cu- tion of Virginia wine industry to improving Mr. KENNEDY of Massachusetts. Mr. bans yearn for the freedoms we in the United the quality and viability of its products. Speaker, It is with the greatest of pleasure States take for granted. May 15, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E939 BAN LANDMINES her children. Her family has always believed in tions including director of the Office of Policy, giving back to the community and she has Planning, Program Development Land Evalua- HON. ROBERT WEXLER continued that tradition through helping the tion; secretary of the Redevelopment Land OF FLORIDA Riverside youth, disadvantaged, and edu- Agency Board of Directors; and director, IN THE HOUSE OF REPRESENTATIVES cational institutions. Debbie provided the NW#1 Urban Renewal Project. He capped off human resources and project materials for a his tenure with the District of Columbia Gov- Thursday, May 15, 1997 new roof on the Centro De Ninos nonprofit ernment by serving as director of the Office of Mr. WEXLER. Mr. Speaker, I rise in support preschool center in a joint donation with three Resource Development. of the International Campaign to Ban Land- local Kiwanis Clubs and 45 volunteers. She Mr. Speaker, during his tenure at the U.S. mines. also helps others who are pursuing their busi- Department of Housing and Urban Develop- We in Congress have a moral obligation to ness and career goals through the Greater ment, Mr. Priest has directed programs in the help stop a terrible trend of destruction by Riverside Chamber of Commerce's Leadership Community Planning and Development divi- landmines that maim and hurt thousands of in- Riverside Program and the National Associa- sion in HUD field offices and at the agency's dividuals throughout the world each year. tion of Women in Construction. As a volunteer, headquarters. He has earned the respect of Are my fellow Americans aware that there she has served as a board member with the his colleagues and others for his strong com- are over 100 million uncleared land mines Kiwanis Club of Riverside and worked on the mitment and vision to community-building throughout the world that claim over 500 lives Longfellow Elementary Schools' Adopt a across the Nation. His command of the finan- a week? Every year, another 26,000 people School program, the Special Olympics, and cial and programmatic facets of HUD cul- are injured or killed due to landmines. the Boy Scouts. minated into his current post of director of What is truly sad and unfortunate is that the In an effort to help the community's econ- Economic Development. I also note that when victims of these tragic accidents are not only omy, she has served as president of the Roof- he leaves HUD, Mr. Priest will assume the soldiers of war. Landmines do not respect ing Contractors Association for Riverside/San presidency of the National Congress for Com- peace treaties or accords. Landmines cannot Bernardino Counties and Director of Provident munity Economic Development. distinguish between the footfall of a soldier Saving Bank in Riverside. She also helped Beyond his career in public service, Mr. and that of child. endow the University of California Riverside's Priest is an active member of his community. The innocent victims of landmines are often College of Engineering, Center for Environ- He serves as treasurer of the Montgomery children who had the misfortune of stepping mental Research and Technology [CE±CERT], County Pan-Hellenic Council. He is also the on a landmine while walking through the and is a founding member of the Riverside senior warden at the Episcopal Church of Our woods to collect firewood or to pick fruit. Educational Enrichment Foundation. Also, at Savior, and serves on the board of trustees for Today, we have an extraordinary oppor- the University of California Riverside, Debbi is the St. John's College High School. He is af- tunity to take bold steps to save future genera- working to establish a hall of fame to recog- filiated with Omega Psi Phi Fraternity. Mr. tions of innocent civilians. We can join the 156 nize recipients of the Athena Foundation's Priest and his wife, Sue, are the proud parents nations who support a complete ban of land- Women of the Year Award. of Troy and Gary. They are also the proud mines. The United States can no longer stand Today's award will be added to her list of grandparents of Gabrielle. idly by while thousands of innocent civilians honors including the 1996 California Associa- Mr. Speaker, I join many others in saluting are injured and killed each year. tion of Leadership Programs Distinguished Roy Priest on this important occasion. I am f Leadership Award, the 1994 GRCC Small proud to salute him for a job well done, and Business of the Year Eagle Award, the 1993 I wish him much continued success. CONGRATULATIONS TO DEBBI YWCA's Women of Achievement Athena f GUTHRIE Award-Corporate and the 1994 Entrepreneur of the Year Small Business Award from Ernst TRIBUTE TO ADAMS STREET EAST HON. KEN CALVERT & Young, Inc. Magazine, and Merill Lynch. SIDE PREP OF CALIFORNIA On behalf of the U.S. House of Representa- IN THE HOUSE OF REPRESENTATIVES tives, I would like to offer my sincerest con- HON. JOSEPH P. KENNEDY II Thursday, May 15, 1997 gratulations to Debbi Huffman Guthrie, not OF MASSACHUSETTS only on this revered award, but her entire ca- IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Speaker, today, my con- reer. Thank you Debbi for maintaining the Thursday, May 15, 1997 stituent and personal friend, Debbi Huffman commitment to our community and to your Guthrie of Roy O. Huffman Roof Co. has been customers. Mr. KENNEDY of Massachusetts. Mr. recognized by the U.S. Small Business Admin- f Speaker, I would like to take this opportunity istration as the 1997 Small Business Person to extend my congratulations to the Adams of the Year for Orange, Riverside, and San A SPECIAL SALUTE TO ROY O. Street East Side Preparatory School of Bernardino Counties in California. This honor PRIEST Worcester, MA, as this fine institution cele- comes after years of hard work. Debbi took on brates its 100th anniversary this fall. Opened the family business when she was 26 years HON. LOUIS STOKES in October 1897. Adams East Side began as old after her parents and grandparents were OF OHIO a four-room brick schoolhouse with 165 stu- killed in a plane crash. She has been dedi- IN THE HOUSE OF REPRESENTATIVES dents, overseen by Principal Carrie Pierre. Al- cated to learning the business and developing though 92 percent of the first student body a strong workplace for her employees. Under Thursday, May 15, 1997 was born here in the United States, these stu- Debbi's watch, the company has grown from Mr. STOKES. Mr. Speaker, I rise to salute dents were largely the children of immigrants; 15 employees to 28 with little employee turn- Mr. Roy O. Priest, a highly respected leader in nearly half of their fathers had been born over and sales have multiplied by six. She the Federal Government. On May 16, 1997, across the Atlantic in Ireland. Additions to the serves as an inspiration for all women who Mr. Priest will retire from the U.S. Department school were made in 1916, 1920, and 1927, strive to succeed in a male-dominated indus- of Housing and Urban Development [HUD] so that by 1934 enrollment had risen to 785 try, and as testimony that businesses who with nearly 20 years of service. I join HUD offi- students. choose to work within the community will cials, his colleagues, and others in commend- Today, Adams Street East Side Prep serves achieve success. ing Mr. Priest for a job well done. as a quadrant magnet school in Worcester's Through incentive programs, she has en- Roy Priest received a bachelor of science north quadrant. The school's mission aims at couraged employees to construct the highest degree in biology from Central State University the creation of an environment which both quality roofs for their customers. With heavy in Wilberforce. He also holds a master's de- challenges and encourages students to pursue attention on employee safety, she has been gree in city and regional planning from Catho- excellence and to shape in a positive way awarded the State Compensation Insurance lic University, and a master's degree in public their own lives as well as the world around Fund's Safety Award. Quality, safety, and reli- administration from American University. Mr. them. By providing opportunities for students ability are key to her success and to the suc- Priest began his professional career with the to acquire, integrate, and apply knowledge to cess of her business. Her customers have District of Columbia Department of Housing new learning situations, Adams Street East come to depend on this reputation. and Community Development, and the District Side Prep promotes an attitude conducive to Debbi has maintained a commitment to the of Columbia Redevelopment Land Agency. life-long learning and prepares the young peo- community where she lives, works, and raised Within these offices, he held several key posi- ple who enter its halls for the future. E940 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1997 To the students, faculty, and administration You know the friendship and respect we TRIBUTE TO DAVID K. PAGE of Adams Street East Side Prep, I again offer have for America and its people. my sincerest congratulations as well as my We rescued your brothers in Iran in 1968— HON. SANDER M. LEVIN wishes for continued success in the future. Our sons flew along side yours in Dessert Storm—Treat us like the friends we are—and OF MICHIGAN f show us your nobility, by making sure that IN THE HOUSE OF REPRESENTATIVES MEL SOUTER is at the HEAD OF THE LINE Thursday, May 15, 1997 ECUADOR, LATIN AMERICA, when they walk through the Green Door and HUMAN RIGHTS, AND THE BRO- into the arms of their families. Mr. LEVIN. Mr. Speaker, on Wednesday, KEN JUDICIAL SYSTEM Yours with friendship and respect May 28, the Detroit chapter of the American MEL EARLEY, Jewish Committee will present its prestigious HON. CORRINE BROWN Chairman, Committee for the Learned Hand Award to David Page. Release of Mel Souter. OF FLORIDA It is a richly deserved recognition of David IN THE HOUSE OF REPRESENTATIVES Page's many decades of community service. f He has honored his chosen profession with- Thursday, May 15, 1997 in the traditions embodied in Judge Learned Ms. BROWN of Florida. Mr. Speaker, the HIGHER EDUCATION ACCESS AND Hand's love of the law as an instrument of jus- problem of human rights in Ecuador and the AFFORDABILITY tice. His active partnership over the years in larger region of Latin America is of concern to the law firm of Honigman, Miller, Schwartz and so many people throughout America and in HON. NANCY L. JOHNSON Cohn has been his anchor, and he has blend- other countries. I enclose for the RECORD a OF CONNECTICUT ed with it an exceptionally broad and diverse letter from a Canadian who lives in Nova Sco- range of activity. tia: IN THE HOUSE OF REPRESENTATIVES His concern for the health of the residents COMMITTEE FOR THE Thursday, May 15, 1997 of Metropolitan Detroit, especially its children, RELEASE OF MEL SOUTER, is reflected in his chairmanship of the board of Mrs. JOHNSON of Connecticut. Mr. Speak- Halifax, Nova Scotia, Canada, May 14, 1997. the Children's Hospital of Michigan, and more er, in proposing the HOPE scholarship, Presi- Hon. CORRINE BROWN, recently as the vice-chair of the Detroit Medi- dent Clinton has, to his great credit, identified Member of Congress, Third District Florida, cal Center and director of the Karamanos Congress of the United States, House of an issueÐcollege affordabilityÐthat is keeping Center Institute and chair of the Board of Visi- Representatives, Washington, DC. a number of lower- and middle-income Ameri- tors of the Wayne State University School of HONOURABLE CONGRESSWOMAN BROWN: Hon- cans awake at night. In the coming weeks, it ourable Congresswoman Brown, I bless you Medicine. will fall to the tax-writing committees, working His community activities in the United Way, and thank you on behalf of all Canadians for within the framework of the budget, to deter- your courage and efforts on behalf of all United Fund Drive, the Boy Scouts, University those imprisioned without trial in Ecuador mine just what sort of tax breaks we can pro- of Michigan, Marygrove College, the Commu- and elsewhere, and we would deeply appre- vide for tuition for higher education. nity Foundation for Southeastern Michigan, ciate it if you would read this into your mo- In addition to budgetary constraints, we and the Greater Downtown Partnership have tion to the House this afternoon. must be sensitive to the potentially inflationary impacted the lives of Michigan residents from To the Chair:—Hon. Members—A Petition impact of the provisions we enact. A few short to the Government of the United States of numerous walks of life. years ago, we came very close to overhauling He has also been a pillar within his own America on behalf of Mel Souter in Prision one-seventh of the Nation's economy partly in without trail in Ecuador. Jewish community and nationally as director of Mel Souter a Canadian citizen from Van- response to an alarming rate of medical infla- the Council of Jewish Federations, president couver, Canada, is in the same prison and in tion. Higher education costs are rising twice as of the Jewish Federation of Metropolitan De- the same conditions as Jim Williams from fast as health care costs. I raise this as a note troit his director posts in American and Detroit, Jacksonville Beach, Florida. Mel was inter- of caution, not as an excuse for inaction. We ORT, and his work with the Allied Jewish rogated continuously for thirty (30) hours need to help families cope with these costs. Campaign, the Jewish Community Center, and and then forced to sign a statement he was While there is much work to be done, there the Jewish Family and Children's Service, not allowed to read after two hundred and are several proposals on which I believe all of eight (208) days, he has not even been given among others. a ‘‘Summary’’ decision, which is required by usÐRepublicans and Democrats alikeÐcan Clearly, this recital of some of David Page's law within sixty (60) days. agree as a starting point for building a consen- civic endeavors manifests a person of extraor- As a Canadian, what is even more disturb- sus on a broader package. Today I am intro- dinary interest in and concern for all of hu- ing to me is that Mel Souter’s arrest and de- ducing the Higher Education Access and Af- manity. In his quiet, but sparkling way, he has tainment was instigated and coordinated by fordability Act of 1997. brought light to many lives. the U.S. government through the agencies of The Higher Education Access and Afford- I have been privileged to see some of his the FBI and the DEA. The Ecuadorians now ability Act would: public accomplishments and to be a friend in say the case is bogged down because of lack Make the payout from State-sponsored, pre- his private life. The recognition bestowed on of evidence which the DEA promised to pro- him through the Learned Hand Award is the vide. This case which was known as paid tuition plans excludable from income; ‘‘PESCADOR’’ is now being dubbed ‘‘FI- Make the section 127 exclusion for em- kind he would never seek, but is richly de- ASCO-DOOR’’ by the locals. ployer-provided tuition assistance permanent; served. What you do to your citizens inside or out- Provide an above-the-line deduction for stu- f side of the United States is your business— dent loan interest; and we do not presume to advise you,—but HELPING PARENTS EDUCATE what you do or cause to be done to my Cana- Allow tax- and penalty-free IRA withdrawals THEIR KIDS: THE CHILDREN’S dian brother does concern me—and in this for higher education expenses; EDUCATION TAX CREDIT case—saddens me and offends me. Allow nondeductible contributions of up to After eight (8) months, it is now clear $1,500 per child per year into higher education HON. JOSEPH R. PITTS there is no case against this gentle 53 year savings accounts. The inside buildup would OF PENNSYLVANIA old Canadian father and grandfather. not be taxed. Distributions would not be taxed As your Canadian neighbours and friends IN THE HOUSE OF REPRESENTATIVES if the money were used for postsecondary tui- we urge you now to move with speed to undo Thursday, May 15, 1997 the wrong that has been done—you cannot tion and/or expenses. Anyone could contribute allow your agency just to walk away and call to the account on a child's behalfÐfor in- Mr. PITTS. Mr. Speaker, as a parent and a Mel Souter ‘‘collateral damage’’. We urge stance, grandparents, aunts and unclesÐbut former school teacher, I am firmly committed you to give a clear and direct order to the the account, not the individual contribution, to providing out Nation's children an education DEA in Ecuador to request his release from would be capped at $1,500 per year. which will prepare them for their futures. I be- the Ecuadorian authorities. I am assured by Mr. Speaker, this package is not a panacea, lieve that only by empowering parents to do the Ecuadorian authorities that if the re- quest is made by the U.S. Government but it provides a solid starting point. I look for- more for their child can our Nation's next gen- through the proper channels, it will be re- ward to working with my colleagues in the eration truly thrive. sponded to in a positive way. weeks and months ahead to develop a broad, That's why I am introducing the Children's Please listen—please!! balanced public policy response to the chal- Education Tax Credit Act today. This bill pro- We are Canadian— lenge of college affordability. vides a $450 tax credit per child for education May 15, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E941 expenses. The tax credit will apply to all indi- 35 hours a week). The other 53 million were tors so key to our future—employers have to viduals paying for textbooks, tuition, and other part-time and seasonal workers, and only absorb the tax. Cutting it would allow them resources children need to excel in school. 14.6 million of them averaged 20 hours a to hire more workers, cut prices (and there- week or more. A further 49.9 million per- fore sell and hire more), and/or enjoy larger Today, too many Americans are forced to fectly healthy adults who are entirely free to profits (which invites new competitors with choose between spending a little extra on their work are omitted from the Labor Depart- new jobs). kid's learning and paying the rent. With the ment’s ‘‘work force’’ or ‘‘unemployed’’ cat- Then there’s the policy’s incentive magic: children's education tax credit, we can free egories: Because they are neither working It compounds such direct increases in the de- parents to make the best education choices nor actively seeking work, they are offi- mand for workers by simultaneously raising for their children. For decades, American fami- cially invisible. Including these invisible the lost revenues through new taxes on the lies have struggled to make the best education souls, 57% of the potential workforce are un- use of natural resources: The first year rel- choices because the Federal Government or underemployed—and that does not count ative price shift thereby suddenly weighs in millions more who have, for instance, some at $184 billion, not $92 billion. taxes them too much. It is vital that we reward ailment but nonetheless want work. This There’s political magic as well: These nat- investment in a child's education and encour- makes for a very loose labor market indeed, ural resource taxes can be enacted. As Al age families to control more of their own and it entails gigantic social costs. Gore (and many environmentalists before money. If the country has over 100 million un- and him) have learned painfully, stand-alone nat- By letting parents decide how best their underemployed, why do our statistics and ural resource taxes are likely to crash and education dollars can be spent, we begin de- discussions focus only on the seven million burn. These patrimony taxes, however, ferring to local communities and families the ‘‘unemployed’’? Because they are the politi- should fly politically. That’s because they are inextricably married to giant political crucial decisions on how to educate a child. I cal problem: The others have psychologically accepted dependency/unemployment and are positives—increasing jobs and growth while urge that Members join me in fighting for not actively angry or seeking help. slashing both payroll taxes and mass unem- sound education for our Nation's children by Giving these tens of millions of people jobs ployment’s social ills. supporting the Children's Education Tax Credit is our country’s only possible avenue to fast Given this popular underpinning and a lit- Act. growth. There simply is no resource other tle creativity, there are many, many politi- cally feasible patrimony taxes. For example: f than this vast reservoir of un- or underuti- lized labor—and all the education, health Energy Inefficiency Tax. A tax charged A BOLD PROPOSAL FOR STIMU- care, and other human capital invested in each year on the 25%-50% least-energy-effi- them—that can provide the energy necessary cient new cars, appliances, etc., and commer- LATING EMPLOYMENT AND cial buildings. The tax’s automatic annual GROWTH for the economy to break out of its pathetic 2.5 percent growth rate. We have lost our raw adjustment keeps revenue steady, spurs in- materials advantage: As one of the most ex- novation and avoids the political heartburn HON. LEE H. HAMILTON ploited continents in the world, we increas- of periodic adjustments. It spares the poor since they can buy old or relatively efficient OF INDIANA ingly import—our oil and metals, for exam- new goods untaxed. It entails little adminis- IN THE HOUSE OF REPRESENTATIVES ple. Nor do we any longer have privileged ac- cess to low-cost capital. Every year it be- trative cost (most of the information is al- Thursday, May 15, 1997 comes easier for companies in Thailand to ready available), and the political pain is tolerable (because taxed industries have win- Mr. HAMILTON. Mr. Speaker, I would like to tap cheap money in the ever-more-efficient global financial markets. Only in its people ners as well as losers and because the super bring to the attention of Members an important and their human capital does America have mobilized new property developers are ex- article published in Barron's earlier this year a huge unutilized resource that could fire cused). It would raise roughly $10 billion-$20 by William Drayton, an innovative thinker on growth. billion annually. economic and social development who found- The simplest and most powerful single pol- Non-Labor Value-Added Tax. The standard ed the highly regarded non-profit organization, icy to produce tens of millions of new jobs is European consumption tax could be modified to tax all portions of production except Ashoka. Mr. Drayton highlights the disappoint- to swap today’s $525 billion in payroll taxes (chiefly Social Security, health, and unem- labor. Such a tax with a 10% rate would ing growth performance of the U.S. economy produce over $180 billion. If housing, food, in recent decades. He also notes that more ployment) for equal revenues from a new ‘‘patrimony tax’’ on the continent’s natural and medicine were excluded, it would still than 100 million Americans are either under- wealth. This would lower the price of labor raise $80 billion. Recycling-Incentive Tax. By charging two employed or unemployed. Mr. Drayton argues relative to natural resources by 35 percent–40 cents a box, bottle or other package unless it that helping make these Americans more pro- percent over seven to eight years of gradual contained a minimum percentage of recycled ductive is the key to restoring higher long-term introduction. (If income-tax payroll deduc- material, this tax would create substantial tions are also cut, the relative price shift growth to the U.S. economy. To stimulate job new demand for scrap and $10 billion-$20 bil- would be well over 50 percent). This trillion- creation, Mr. Drayton makes a bold proposal: lion in revenues. replace existing payroll taxes with a variety of dollar-plus relative price shift is leveraged How would people respond to such changed resource-based ``patrimony taxes.'' Not every- jujitsu: Higher natural-resource prices in- incentives? Farmers, for example, would find crease employment; so do lower labor costs. summer hires more attractive than before— one will agree with this proposal, but Mr. Social Security benefits would not be Drayton's article merits careful consideration. because they would cost less and could sub- touched, just paid for in a new and politi- stitute for machines that chew up newly ex- It offers an original way of thinking about a cally attractive way. problem that has frustrated U.S. policymakers pensive energy and materials, and because a Economic growth would multiply as the series of natural-resources-conserving activi- for many years. new workers produced far more goods and ties, ranging from composting to fighting services, as families and government no [From Barron’s, Feb. 24, 1997] erosion would warrant the labor required. longer had to pay for tens of millions of de- THE HIDDEN JOBLESS People-intensive outfits, from research labs pendents; as crime and other social ills re- to consulting firms, would grow as their (By William Drayton) ceded; as taxes shifted from production to chief cost was cut. What if America could rev up a growth consumption; and as the economy’s new There are no bureaucrats, no sectional rate that would make Asians blush? What if price signals encouraged rather than victim- preferences, no ‘‘industrial politics’’ here. it could be done all by market forces, with- ized the fast growth knowledge sectors that This policy uses what truly moves markets: out an increase in taxes, or the deficit, or are our global strength and our future. changed prices. Big Government? An administration willing Here’s how it would work. Reducing pay- Much more than national wealth and indi- to stop taxing jobs—and get the lost reve- roll tax rates by three percentage points vidual well-being are at stake. Allowing our nues from natural resources could bring each year would provide a $92 billion annual decades-old below-expectations growth to America roaring into the 21st century with stimulus to employment. If the policy cut continue will leave us mired ever more deep- millions of new jobs. America could retain employee contributions first, the typical em- ly in a historically familiar trap. Our first world economic leadership, and it would be ployee could be sent a $1,000 refund check for response—which is historically typical—was able to heal the social divisions increasingly each such three-point reduction—a politi- to keep consumption growing as fast as we tearing us apart. cian’s dream. felt it should by consuming capital—be it The first step is to accept that the country Since the payroll tax ultimately comes out through controlling rents, cutting education is not using 50% of its workforce—i.e., that of workers’ pockets in industries where they or not maintaining our bridges. With the unemployment is many times the 5.3% that have little bargaining power, cutting it is debt blow-off of the 1980s we reached the the White House trumpets. The numbers are one of the few feasible means of reducing the even more destructive next stage: If the ma- hard to duck. The 1990 census counted 6.87 country’s growing, corrosive income inequal- jority can no longer ensure that its con- million officially unemployed versus 133 mil- ity. sumption continues to compound, it will be lion employed. However, only 80 million of Where workers do have leverage and there- tempted to unite politically to protect what- that 133 million had full-time jobs (at least fore rising salaries—i.e., the knowledge sec- ever it does have from the claims of others. E942 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 1997 Britain, which lost its competitive advan- IN HONOR OF OUR NATION’S I congratulate my friend Dick Carlson upon tage in the 1880s, got stuck in this POLICE OFFICERS this departure and wish him my best as he dispiriting, divisive stage by 1911—miring it- takes on new challenges. self in a century of slow growth, social divi- f sion, and declining relevance. HON. JOSEPH P. KENNEDY II So much is at stake here that whichever OF MASSACHUSETTS CONGRATULATIONS TO PASTOR party provides the needed political leader- IN THE HOUSE OF REPRESENTATIVES EMERITUS RALPH G. HOFFMANN ship could establish itself as the majority Thursday, May 15, 1997 party for a long time. Breaking out of the current downward spiral would be as great a Mr. KENNEDY of Massachusetts. Mr. HON. PETER J. VISCLOSKY contribution as Roosevelt made when he Speaker, I rise to join my colleagues in re- OF INDIANA stopped the similarly self-feeding downward membering and honoring the people who have IN THE HOUSE OF REPRESENTATIVES spiral of the Great Depression. put their lives on the line for our Nation's com- Thursday, May 15, 1997 This downward spiral is as global as Roo- munities. Mr. VISCLOSKY. Mr. Speaker, I would like sevelt’s. Mass unemployment and under- As you know, this is National Police Week. to take this opportunity to congratulate Pastor employment is even worse in Europe and It is a week for every American to take some Emeritus Ralph G. Hoffmann on his 60th-year most of the developing world, and the reform time and think about what our Nation's law en- ordination anniversary as a priest in the Gary opportunities are similar. The payroll tax forcement officers do everyday. They keep burden on legal, formal sector employment Diocese. On Sunday, May 18, 1997, the par- in Brazil, for example, ranges from 52%–72%. order on our crime-infested streets, talk to ish of St. Mary of the Lake in Miller, IN, will young people about safety, drug, and crime Effective leadership in this cause could honor Monsignor Hoffmann at a Tribute and call forth an extraordinarily powerful coali- prevention, and strive to make our neighbor- Toast, which will feature a potluck dinner and tion, powerful because it serves the central- hoods better places to live. And every day several guest speakers. most interests both of America as a whole they face the reality of being wounded or killed Monsignor Hoffmann was born in 1911, in and of giant constituencies: in the line of duty. Hartford City, IN. He attended school at St. Organized labor can only continue its de- Too many of these brave individuals have John the Evangelist, in Hartford City, IN, and cline as long as roughly 50% of the workforce fallen to heinous crimes. We should pause St. Joseph's College. With the support of his overhangs a loose labor market. and reflect on the daily dangers they face in family, Monsignor Hoffmann joined the semi- The environment would benefit more from keeping our communities, streets, and neigh- nary and studied at St. Gregory and St. Mary this sort of major increase in the relative borhoods free of harm. We should remember of the West, both in Cincinnati, OH. Shortly price of natural resources than from any the sacrifice these people have made and the after his ordination on May 22, 1937, a day he other plausible advance. heartache their families have endured. And we describes as the highlight of his career, Mon- Women, given leverage by a tighter job should honor them for what they have done. signor Hoffmann accepted his first assign- market, could close in on wage differentials, We must be ever vigilant in our efforts to ments at Holy Trinity Hungarian Catholic open new jobs and shatter many a glass ceil- assist the police in keeping our streets safe, Church, in East Chicago, IN; and St. Mary's ing. our neighborhoods from danger, and our chil- Church, in Michigan City, IN. Older people who have lost jobs for decades dren protected. In 1943, Monsignor Hoffmann began the as lower-paid women have pushed into work I am pleased to join so many of my col- portion of his career for which he is best re- and who suffer earlier deaths and more ill- leagues in honoring our Nation's law enforce- membered when he served in the European ness as a result could, because of their num- ment personnel. theater of operations as an Army chaplain dur- bers and propensity to vote, become a politi- ing World War II. Assigned to the 83d Infantry cal tsunami as they press back in. f Division under the command of Maj. Gen. The disabled, African-Americans, Latinos, TRIBUTE TO RICHARD W. CARLSON Robert Macon, Monsignor Hoffmann offered new immigrants, the young and all those concerned about America’s social health (be spiritual guidance and moral support to sol- it the well-being of the young, crime or a HON. DANA ROHRABACHER diers who took part in the Battles of Nor- competitive workforce) have every bit as OF CALIFORNIA mandy, the Hurtgen Forest, Greater France, much at stake. IN THE HOUSE OF REPRESENTATIVES and the Battle of the Bulge. Before leaving Eu- rope in 1946, he met Gen. George Patton and Business will be divided. The chief opposi- Thursday, May 15, 1997 tion will come from the politically mobilized Gen. Omar Bradley. In addition, he was grant- natural resource industries; but the reform’s Mr. ROHRABACHER. Mr. Speaker, I would ed a private audience with Pope Pius XII, chief beneficiaries, the knowledge and serv- like to take this opportunity to pay tribute to where he was asked to discuss the state of ice sectors, now constitute over 80% of the my friend and colleague Richard W. Carlson. Austria. Monsignor Hoffmann was separated economy. Richard Carlson, president and CEO of the from the service in May 1947 with the rank of Some economists suggest that today’s un- Corporation for Public Broadcasting [CPB], is major. employment is ‘‘natural’’ and that the econ- resigning from this position after 5 years of Upon his discharge from the U.S. Army, omy would explode if we did better. If there dedication to the public broadcasting industry. Monsignor Hoffmann served several parishes, is a problem, it certainly is not one of sup- Dick brought to CPB a distinguished back- including St. Dominic, in Bremen, IN; St. Pat- ply. If good work were available, hosts of people would respond—as they did in the ground in diplomacy, journalism, public serv- rick, in Chesterton, IN; and St. Mary of the first two years of World War II, when the ice, and business. From 1991 to 1992, he was Lake, in Miller, IN; where he remained for 20 number of people working jumped 35% and the U.S. Ambassador to the Republic of years. Monsignor Hoffmann was also ap- the average work week grew 20%. Seychelles. He also served as Director of pointed to a variety of organizations within the The problem is demand. Do we have the Voice of America and Associate Director of Catholic Church during his career. In 1958, he imagination and courage to see the mass un- the U.S. Information Agency from 1986 until became the first director of the Priests' Eucha- employment around us and then to act? 1991. He has received 19 major journalism ristic League. In addition, he served as the The means to break out are there. The po- awards, including the prestigious George Fos- area moderator of the Council of Catholic Men litical energy waiting to be tapped is enor- ter Peabody Award. in 1965, diocesan coordinator of the 41st Eu- mous. Last month he received a 1997 American charistic Congress in 1975, and was ap- What is missing is leadership. Unfunded Broadcast Pioneer Award, presented annually pointed Episcopal vicar of the Gary Vicariate tax cuts would hurt growth. More training by the Broadcasters' Foundation. This award in 1976. Eight years later, Monsignor Hoff- would help those trained find work—but is given to individuals who have made legend- mann was appointed Episcopal vicar and dean largely at the expense of other marginal ary contributions within their spheres of influ- of the St. Matthew Deanery. workers as long as there is no increase in the ence in the broadcasting industry. In addition to being very active within the total demand for workers. The 1996 welfare During his tenure at CPB, Dick guided pub- church, Monsignor Hoffmann devoted much of reform increases the need for jobs without increasing their supply. Business cycle lic broadcasters through an intense time of his time to public service as well. In 1975, tweakings don’t cause structural change. public scrutiny. He responded to this atmos- then-Governor Otis Bowen appointed Mon- Worse, some of America’s leaders seem to phere in an articulate, bipartisan fashion. In signor Hoffmann to the Indiana Task Force on be headed towards an exclusionary circling doing this, he exhibited those characteristics Migrant Affairs. This task force was comprised of the wagons. However, America is not Brit- that constitute his genuine personality: Intel- of representatives from private and public ain in 1911. It fires ‘‘can’t do’’ leaders. It has ligence, leadership, evenhandedness, and service agencies, migrant communities, em- the energy and the will to break out. commitment. ployers of migrants, and concerns members of May 15, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E943 the public. Since his retirement from the volvement with his former parish, St. Mary of niversary of his ordination. I would also like to priesthood in 1986, Monsignor Hoffmann has the Lake. take this opportunity to commend him on his remained active within the community, through Mr. Speaker, I ask you and my other distin- service and dedication to our country and the his membership with the Knights of Columbus guished colleagues to join me in congratulat- citizens of Indiana's First Congressional Dis- and Sierra Club, as well as his continued in- ing Monsignor Hoffmann on the 60th-year an- trict. Thursday, May 15, 1997 Daily Digest

HIGHLIGHTS House passed H.R. 1469, Emergency Supplemental Appropriations Act for FY 1997. Senate States Code, to ban partial-birth abortions, taking Chamber Action action on amendments proposed thereto, as follows: Routine Proceedings, pages S4507–S4623 Pages S4517±75 Measures Introduced: Twelve bills and one resolu- Rejected: tion were introduced, as follows: S. 745–756, and S. By 28 yeas to 72 nays (Vote No. 69), Feinstein Res. 86. Page S4588 Amendment No. 288, in the nature of a substitute. Measures Reported: Reports were made as follows: Pages S4517±37 S. 430, to amend the Act of June 20, 1910, to By 36 yeas to 64 nays (Vote No. 70), Daschle protect the permanent trust funds of the State of Amendment No. 289, in the nature of a substitute. New Mexico from erosion due to inflation and mod- Pages S4537±75 ify the basis on which distributions are made from Appointments: those funds. (S. Rept. No. 105–18) Page S4588 Mexico-United States Interparliamentary Measures Passed: Group: The Chair, on behalf of the Vice President, Boys and Girls Clubs of America Facilities: Sen- pursuant to 22 U.S.C. 276h–276k, as amended, ap- ate passed S. 476, to provide for the establishment pointed Senators Hatch, Shelby, and McCain as of not less than 2,500 Boys and Girls Clubs of members of the Senate Delegation to the Mexico- America facilities by the year 2000. Pages S4576±79 United States Interparliamentary Group meeting to be held in Santa Fe, New Mexico, May 16–18, Family Friendly Workplace Act: Senate resumed 1997. Page S4620 consideration of S. 4, to amend the Fair Labor Standards Act of 1938 to provide to private sector Messages From the President: Senate received the employees the same opportunities for time-and-a-half following messages from the President of the United compensatory time off, biweekly work programs, and States: flexible credit hour programs as Federal employees Transmitting, a report relative to the Conven- currently enjoy to help balance the demands and tional Armed Forces in Europe Flank Document; to need of work and family, to clarify the provisions re- the Committee on Foreign Relations. (PM–35). lating to exemptions of certain professionals from the Page S4587 minimum wage and overtime requirements of the Transmitting, a report relative to the Conven- Fair Labor Standards Act of 1938, with a modified tional Armed Forces in Europe Flank Document; to committee amendment. Pages S4508±15 the Committee on Foreign Relations. (PM–36). During consideration of this measure today, Senate Pages S4587±88 also took the following action: Transmitting the report on the national security By 53 yeas to 47 nays (Vote No. 68), three-fifths strategy of the United States; referred to the Com- of those Senators duly chosen and sworn not having mittee on Armed Services. (PM–37). Page S4588 voted in the affirmative, Senate failed to close further Nominations Received: Senate received the follow- debate on the modified committee amendment. ing nominations: Page S4514 Henry Harold Kennedy, Jr., of the District of Co- Partial-Birth Abortion Ban: Senate resumed con- lumbia, to be United States District Judge for the sideration of H.R. 1122, to amend title 18, United District of Columbia. D486 May 15, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D487 Rodney W. Sippel, of Missouri, to be United Trade; William Z. Slany, Historian, Department of States District Judge for the Eastern and Western State; Thomas G. Borer, Chief of the Swiss Foreign Districts of Missouri. Ministry Task Force, Bern; Carl Henrik Sihver 1 Navy nomination in the rank of admiral. Liljegren, Ambassador of Sweden to the United Routine lists in the Air Force, Army, Coast States; Israel Singer, General Secretary of the World Guard, Marine Corps, Navy. Pages S4622±23 Jewish Congress, New York, New York; Rabbi Messages From the President: Pages S4586±88 Marvin Hier, Simon Wiesenthal Center, Los Ange- les, California; Tom Bower, British Broadcasting Messages From the House: Page S4588 Corporation, London, England; and Rabbi Chaim Measures Referred: Page S4588 Stauber, Brooklyn, New York, on behalf of the Statements on Introduced Bills: Pages S4588±S4606 World Counsel of Orthodox Communities. Additional Cosponsors: Page S4611 1998 BUDGET Amendments Submitted: Pages S4613±15 Committee on the Budget: Committee met to begin markup of an original concurrent resolution setting Notices of Hearings: Pages S4615±16 forth the congressional budget for the United States Authority for Committees: Page S4616 Government, but did not complete action thereon, Additional Statements: Pages S4616±20 and recessed subject to call. Record Votes: Three record votes were taken today. FCC SPECTRUM MANAGEMENT (Total–70) Pages S4514, S4537, S4575 Committee on Commerce, Science, and Transportation: Adjournment: Senate convened at 9:15 a.m., and Committee concluded hearings on S. 255, to provide adjourned at 9:23 p.m., until 10 a.m., on Friday, for the reallocation and auction of a portion of the May 16, 1997. (For Senate’s program, see the re- electromagnetic spectrum to enhance law enforce- marks of the Acting Majority Leader in today’s ment and public safety telecommunications, after re- Record on page S4620.) ceiving testimony from Representative Weldon; Bruce A. Franca, Deputy Chief, Office of Engineer- ing and Technology, Federal Communications Com- Committee Meetings mission; Howard Safir, New York Police Depart- (Committees not listed did not meet) ment, New York, New York; Mark Schwartz, Okla- homa City, Oklahoma, on behalf of the National APPROPRIATIONS—FOREIGN ASSISTANCE League of Cities; Ralph A. Haller, Fox Ridge Com- Committee on Appropriations: Subcommittee on Foreign munications, Inc., Arlington, Virginia; Dale Hat- Operations held hearings on proposed budget esti- field, Hatfield Associates, Inc., Boulder, Colorado; mates for fiscal year 1998 for foreign assistance, fo- Charles L. Jackson, Strategic Policy Research, Be- cusing on programs to combat infectious diseases, re- thesda, Maryland. ceiving testimony from Nils Daulaire, Senior Health NATIONAL WEATHER SERVICE Policy Analyst, Global Program, Agency for Inter- national Development; Barry Bloom, Albert Einstein Committee on Commerce, Science, and Transportation: Sub- College of Medicine, New York, New York; David committee on Science, Technology, and Space con- Heymann, World Health Organization, Geneva, cluded hearings on proposed legislation authorizing Switzerland; John Sbarbaro, University of Colorado funds for fiscal year 1998 for the National Weather School of Medicine, Denver; and Gordon Douglas, Service (NWS), focusing on the NWS’s proposed Merck Pharmaceuticals, Whitehouse Station, New staff reductions for fiscal year 1997 and related Jersey. project cuts for fiscal year 1998, after receiving testi- Subcommittee will meet again on Tuesday, May mony from Senators Mack and Sarbanes; D. James 20. Baker, Under Secretary for Oceans and Atmosphere and Administrator, and Elbert W. Friday, Jr., Assist- HOLOCAUST VICTIMS PROPERTY ant Administrator for Weather Services, both of the RESTITUTION National Oceanic and Atmospheric Administration, Committee on Banking, Housing, and Urban Affairs: Department of Commerce; Mayor James N. Mathias, Committee concluded hearings to examine United Jr., Ocean City, Maryland; Richard E. Hallgren, States and allied efforts to recover and restore gold American Meteorological Society, Washington, D.C.; and other assets belonging to victims of the Holo- William A. Wagner, Jr., Monroe County Emergency caust taken by Nazi Germany during World War II, Management, Marathon, Florida; Ronald D. McPher- after receiving testimony from Stuart E. Eizenstat, son, Crofton, Maryland; and X. William Proenza, Under Secretary of Commerce for International Colleyville, Texas; D488 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1997 AGRICULTURE EXPORTS cago, on behalf of the Coalition of Higher Education Committee on Finance: Subcommittee on International Assistance Organizations; Barmak Nassirian, Amer- Trade held hearings to examine how to open new ican Association of State Colleges and Universities, markets for United States products and what can be Washington, D.C.; and Barbara E. Tornow, Boston done to break down non-tariff trade barriers that University, Boston, Massachusetts. may be detrimental to U.S. agricultural exports, re- Committee will meet again tomorrow. ceiving testimony from Jeffrey M. Lang, Deputy United States Trade Representative; Paul Drazek, SBA FINANCE PROGRAMS Special Assistant to the Secretary of Agriculture for Committee on Small Business: Committee resumed over- Trade; Leonard W. Condon, American Meat Insti- sight hearings on the management of Small Business tute, Arlington, Virginia; Linda J. Fisher, Monsanto Administration finance programs, focusing on the Company, Washington, D.C.; John D. Hardin, Jr., 7(a) General Business Loan Guaranty Program, the Danville, Indiana, on behalf of the National Pork Section 504 Development Company Loan Program, Producers Council; Carl Peterson, Delanson, New the Small Business Investment Company Program, York, on behalf of Agri-Mark, Incorporated; and the Microloan Program, the Disaster Loan Program, Jack Laurie, Michigan Farm Bureau, Lansing, on be- and the Surety Bond Guaranty Program, receiving half of the American Farm Bureau Federation. testimony from Aida Alvarez, Administrator, Small Hearings were recessed subject to call. Business Administration; and Deryl K. Schuster, SUDAN Business Loan Center, Wichita, Kansas, and Anthony R. Wilkinson, Stillwater, Oklahoma, both on behalf Committee on Foreign Relations: Subcommittee on Afri- of the National Association of Government Guaran- can Affairs concluded hearings to examine United teed Lenders, Inc. States counterterrorism policy towards Sudan, after Hearings were recessed subject to call. receiving testimony from Representative McCollum; George E. Moose, Assistant Secretary for African Af- VA SEXUAL HARASSMENT fairs, and Kenneth R. McKune, Associate Coordina- Committee on Veterans Affairs: Committee concluded tor for Counter-Terrorism, both of the Department hearings to examine certain allegations of sexual har- of State; R. Richard Newcomb, Director, Office of assment within the Department of Veterans Affairs, Foreign Assets Control, Department of the Treasury; focusing on VA policies and practices regarding sex- Charles Maikish, Columbia University, New York, ual harassment and other forms of discrimination in New York; Ed Smith, Hamilton Hallmark, Wood- the workplace, after receiving testimony from Sen- land Hills, California; and Roger Winter, U.S. Com- ator Faircloth; Hershel W. Gober, Deputy Secretary, mittee for Refugees, and Steven Emerson, both of and William T. Merriman, Deputy Inspector Gen- Washington, D.C. eral, both of the Department of Veterans Affairs; AUTHORIZATION—HIGHER EDUCATION Ronnie Blumenthal, Director, and Ellen Vargyas, ACT: STUDENT AID Legal Counsel, both of the U.S. Equal Employment Committee on Labor and Human Resources: Committee Opportunity Commission; Cynthia A. Force, Susan resumed hearings on proposed legislation authorizing M. Caruana, and Doris Moore- Russell, all of the VA funds for programs of the Higher Education Act, fo- Medical Center, Fayetteville, North Carolina; Mary cusing on the management structure of the office of Cavanaugh, VA Medical Center, Lyons, New Jersey; Postsecondary Education for the financial aid deliv- Cathy Claycomb, National Association of Govern- ery system, receiving testimony from David A. ment Employees, Alexandria, Virginia; and Kitty Longanecker, Assistant Secretary of Education for Peddicord, American Federation of Government Em- Postsecondary Education; Cornelia M. Blanchette, ployees (AFL–CIO), Washington, D.C. Associate Director, Education and Employment Is- sues, Health, Education, and Human Services Divi- INTELLIGENCE sion, General Accounting Office; Robert E. Alexan- Select Committee on Intelligence: Committee held closed der, University of South Carolina, Aiken, on behalf hearings on intelligence matters, receiving testimony of the Advisory Committee on Student Financial As- from officials of the intelligence community. sistance; Judith N. Flink, University of Illinois, Chi- Committee will meet again on Tuesday, May 20. May 15, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D489 House of Representatives The Dingell amendment that provides $300,000 Chamber Action in funding for costs incurred by Monroe County, Bills Introduced: 30 public bills, H.R. 1619–1648; Michigan, for the Conair air crash; Pages H2725±26 1 private bill, H.R. 1649; and 4 resolutions, H. The Thune amendment that provides $500 mil- Con. Res. 80–82 and H. Res. 151, were introduced. lion in Community Development Block Grant fund- Pages H2783±84 ing for disaster relief to communities affected by the Reports Filed: One report was filed as follows: flooding in the upper midwest and other disasters in H. Res. 150, providing for consideration of H.R. fiscal year 1997; Pages H2726±28 1385, to consolidate, coordinate, and improve em- The Traficant amendment that requires compli- ployment, training, literacy, and vocational rehabili- ance with the provisions of the Buy America Act tation programs in the United States (H. Rept. and prohibits contracts with persons falsely labeling 105–98). Page H2783 products as made in America; Page H2728 Speaker Pro Tempore: Read a letter from the The Gekas amendment that automatically pro- Speaker wherein he designated Representative Col- vides a continuation of FY 1997 spending through lins to act as Speaker pro tempore for today. the end of FY 1998 in the absence of regular appro- Page H2683 priations or a continuing resolution at 100 percent Journal Vote: By a yea-and-nay vote of 334 yeas to of FY 1997 spending levels (approved by a recorded 62 nays, Roll No. 128, the House agreed to the vote of 227 ayes to 197 noes, Roll No. 134); Speaker’s approval of the Journal of Wednesday, May Pages H2732±38, H2761±62 14. Pages H2683±84 The Diaz-Balart amendment that postpones the Presidential Messages: termination of Supplemental Security Income and Medicaid payments to legal immigrants and rescinds Flank Document Agreement—CFE Treaty: $240 million from the Job Opportunities and Basic Read a letter from the President, received by the Clerk on May 14, wherein he transmits his report Skills program to offset the cost (agreed to by a re- concerning the Treaty on Conventional Armed corded vote of 345 ayes to 74 noes, Roll No. 133); Forces in Europe (the CFE Flank Document) adopted Pages H2738±43, H2760±61 by the Senate on Wednesday, May 14—referred to The Kolbe amendment that extends the San Car- the Committee on International Relations and or- los Apache Water Rights Settlement Act of 1992 to dered printed (H. Doc. 105–83); and Page H2697 March 31, 1999; Pages H2750±52, H2753±55 The Barcia amendment that authorizes the Envi- National Security Strategy: Read a letter from the President wherein he transmits his report on the ronmental Protection Agency to make grants to the National Security Strategy of the United States—re- City of Bay City, Michigan, for environmental reme- ferred to the Committee on National Security. diation and rehabilitation of publicly owned real Page H2697 property included in the boundaries of the Center for Ecology Research and Training; Page H2758 Emergency Supplemental Appropriations: By a The Barr amendment that provides $2 million for yea-and-nay vote of 244 yeas to 178 nays with 1 the Commission on the Advancement of Federal Law voting ‘‘present’’, Roll No. 136, the House passed Enforcement; Page H2762 H.R. 1469, making emergency supplemental appro- priations for recovery from natural disasters, and for The Vento amendment that provides regulatory overseas peacekeeping efforts, including those in relief and expedited funds availability to depository Bosnia, for the fiscal year ending September 30, institutions to expedite the assistance to areas af- 1997. Pages H2697±H2775 fected by the 1997 flooding of the Red River of the Agreed To: North, the Minnesota River, and their tributaries; The Obey amendment that provides an additional Pages H2767±69 $38 million for the Special Supplemental Food Pro- The Hoyer amendment that authorizes a leave gram for the Women, Infants, and Children program transfer program for federal employees to donate an- (agreed to by a recorded vote of 338 ayes to 89 noes, nual leave to other federal employees affected by dis- Roll No. 131); Pages H2715±22 asters or emergencies; and Pages H2770±71 The McKeon amendment that authorizes a com- The Barr amendment that prohibits the use of mission on the cost of higher education and provides funds for studies of medical use of marijuana. $650,000 in funding for this purpose; Pages H2722±25 Pages H2773±74 D490 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1997 Rejected: stitute on Alcohol Abuse and Alcoholism and reduce The Neumann amendment that sought to strike FEMA Disaster Relief funding accordingly; $2.3 billion in forward funding for FEMA, elimi- Pages H2758±59 nates the recapture to HUD of $3.8 billion rescis- The Sam Johnson of Texas amendment was offered sion, and rescinds $3.6 billion of discretionary ap- but subsequently withdrawn that sought to authorize propriations and requires the President to allocate the approval of State plans to integrate enrollment the rescission with 30 days of enactment (rejected by services for federally funded public health and a recorded vote of 100 ayes to 324 noes, Roll No. human services programs; and Pages H2771±73 132); and Pages H2729±32 The Barr amendment was offered but subse- The Neumann amendment that sought to reduce quently withdrawn that sought to prohibit any funds forward funding for FEMA Disaster Relief by $1.7 appropriated by this or any other act to be used for billion (rejected by a recorded vote of 115 ayes to any study on the medicinal use of marijuana. 305 noes, Roll No. 135). Pages H2762±66 Page H2773 Points of Order Sustained Against: The Clerk was authorized in the engrossment of Conservation Reserve Program language that re- the bill to correct section numbers, punctuation, duces the acres of land in the Conservation Reserve cross references, and to make other conforming Program from 19,000,000 acres to 14,000,000; changes as may be necessary to reflect the actions of Pages H2743±44 the House. Page H2775 The Goodling amendment that sought to prohibit Earlier, during the proceedings of the Committee the expenditure of any funding by the Department of the Whole, the call of the Committee was vacated of Education for any national testing program in when a quorum was constituted. Page H2715 reading or mathematics; Pages H2744±45 The House agreed to H. Res. 149, providing for The Section 303 language that expands the emer- consideration of the bill, by a recorded vote of 269 gency provisions of the Endangered Species Act; ayes to 152 noes, Roll No. 130. Pursuant to the Pages H2748±49 rule, an amendment striking an additional amount The Maloney of New York amendment that for the Federal Election Commission was considered sought to provide additional funding of $1.7 million as adopted. Earlier, agreed to order the previous for the Federal Election Commission; Pages H2756±57 question by a yea-and-nay vote of 228 yeas to 196 The language concerning the construction of a ga- nays, Roll No. 129. Pages H2687±96 rage at the Department of Veterans Affairs medical Mexico-United States Interparliamentary Group: center in Cleveland, Ohio; Page H2757 The Chair announced the Speaker’s appointment of The language concerning the rescission of contract Representative Gilman, Vice Chairman, and Rep- authorization for the Federal Aviation Administra- resentatives Dreier, Barton of Texas, Campbell, tion; Pages H2759±60 Manzullo, Gejdenson, Lantos, Filner, Reyes, and Del- The language concerning the rescission of contract egate Underwood to the Mexico-United States Inter- authorization for the National Highway Traffic Safe- parliamentary Group. Page H2775 ty Administration; Page H2760 The language concerning the rescission of contract Referrals: S. 670 to amend the Immigration and authorization for the Federal Transit Administration; Nationality Technical Corrections Act of 1994 to and Page H2760 eliminate the special transition rule for issuance of a The language concerning the rescission of contract certificate of citizenship for certain children born authorization for Highway Trust Fund Discretionary outside the United States was referred to the Com- Grants. Page H2760 mittee on the Judiciary. Page H2782 Withdrawn: Amendments: Amendments ordered printed pursu- The Fazio amendment was offered but subse- ant to the rule appear on pages H2785–94. quently withdrawn that sought to provide $1 mil- Senate Messages: Message received from the Senate lion in disaster relief funding to assist the purchase today appears on page H2684. of farm labor housing; Pages H2745±48 The Sanders amendment was offered but subse- Quorum Calls—Votes: Three yea-and-nay votes quently withdrawn that sought to provide $10 mil- and six recorded votes developed during the proceed- lion in funding to the National Institute of Environ- ings of the House today and appear on pages mental Health Sciences for emergency research and H2683–84, H2695–96, H2696, H2722, H2731–32, treatment of Gulf War Syndrome; Page H2750 H2760–61, H2761–62, H2765–66, and H2774–75. The Kennedy of Massachusetts amendment was There were no quorum calls. offered but subsequently withdrawn that sought to Adjournment: Met at 10:00 a.m. and adjourned at provide an additional $2 million for the National In- 10:03 p.m. May 15, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D491 the following officials of the Department of Defense: Committee Meetings Paul Kaminski, Under Secretary (Acquisition and USDA’S PROGRESS IN IMPLEMENTING Technology); and Lt. Gen. Lester L. Lyles, USAF, DAIRY REFORMS Director, Ballistic Missile Defense Organization. Committee on Agriculture: Subcommittee on Livestock, Dairy, and Poultry held a hearing to review the MIGRATORY BIRD TREATY REFORM ACT USDA’s progress in implementing the dairy reforms Committee on Resources: Subcommittee on Fisheries in the Foreign Agriculture Improvement and Reform Conservation, Wildlife and Oceans held a hearing on Act of 1996. Testimony was heard from Lon H.R. 741, Migratory Bird Treaty Reform Act of Hatamiya, Administrator, Agricultural Marketing 1997. Testimony was heard from Senator Breaux; Service, USDA; and public witnesses. Representative Stearns; Robert Streeter, Assistant Di- TREASURY DEPARTMENT STUDY OF CASH rector, Refuges and Wildlife, U.S. Fish and Wildlife SURPLUSES Service, Department of the Interior; Brent Manning, Committee on Banking and Financial Services: Held a Director, Department of Natural Resources, State of hearing on the Department of the Treasury Study of Illinois; and public witnesses. Cash Surpluses at the San Antonio Branch of the Dallas Federal Reserve Bank. Testimony was heard OVERSIGHT from the following officials of the Department of the Committee on Resources: Subcommittee on National Treasury: James Johnson, Assistant Secretary, En- Parks and Public Lands held an oversight hearing on forcement; Stanley Morris, Director, Financial Bureau of Land Management Law Enforcement Au- Crimes Enforcement Network; and Edward Federico, thorities. Testimony was heard from Sylvia Baca, Deputy Assistant Commissioner, IRS; Jonathan Wie- Acting Director, Bureau of Land Management, De- ner. Deputy Assistant Secretary, International Nar- partment of the Interior; and public witnesses. cotics and Law Enforcement, Department of State; and public witnesses. EMPLOYMENT, TRAINING, AND LITERACY CONCURRENT BUDGET RESOLUTION ENHANCEMENT ACT Committee on the Budget: Began markup of the Fiscal Committee on Rules: Granted by voice vote an open Year l998 Concurrent Budget Resolution. rule providing 1 hour of debate on H.R. 1385, Em- Will continue tomorrow. ployment, Training, and Literacy Enhancement Act REVIEW OF EPA’S OZONE AND of 1997. The rule makes in order the Committee on PARTICULATE MATTER NAAQS REVISIONS Education and the Workforce amendment in the na- ture of a substitute as an original bill for amend- Committee on Commerce: Subcommittee on Health and ment purposes, which shall be considered by division Environment and Subcommittee on Oversight and Investigations continued joint hearings on Review of rather than by section and each division shall be EPA’s Proposed Ozone and Particulate Matter considered as read. The rule waives clause 5(a) of NAAQS Revisions. Testimony was heard from the rule XXI (appropriating on a legislative bill) against following officials of the EPA: Carol M. Browner, the committee amendment in the nature of a sub- Administrator; Mary D. Nichols, Assistant Adminis- stitute. trator, Office of Air and Radiation; and Jonathan Z. The rule provides for the consideration of the Cannon, General Counsel. amendment numbered 1 printed in the Congres- sional Record if offered by Representative McKeon OVERSIGHT—JUDICIAL MISCONDUCT AND or his designee, which is considered as read, not sub- DISCIPLINE ject to amendment or to a division of the question, Committee on the Judiciary: Subcommittee on Courts and is debatable for 10 minutes equally divided be- and Intellectual Property held an oversight hearing tween the proponent and an opponent. If adopted, on Judicial Misconduct and Discipline. Testimony the amendment is considered as part of the base text was heard from Representatives Barr of Georgia, for further amendment purposes. The rule authorizes DeLay, Hostettler and Lowey; and public witnesses. the Chair to accord priority in recognition to Mem- NATIONAL MISSILE DEFENSE bers who have pre-printed their amendments in the Committee on National Security: Subcommittee on Mili- Congressional Record. Finally, the rule provides one tary Research and Development and the Subcommit- motion to recommit with or without instructions. tee on Military Procurement held a joint hearing on Testimony was heard from Chairman Goodling and National Missile Defense. Testimony was heard from Representatives McKeon, Kildee and Clay. D492 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1997 ‘‘DOES OPIC HELP SMALL BUSINESS EXPORTERS?’’ Joint Meetings Committee on Small Business: Subcommittee on Tax, COLUMBIA BASIN PLAN Finance, and Exports held a hearing on ‘‘Does OPIC Joint Hearings: Senate Committee on Energy and Help Small Business Exporters?’’ Testimony was Natural Resources’ Subcommittee on Forests and heard from Mildred O. Callear, Acting President and Public Land Management concluded joint hearings CEO, Overseas Private Investment Corporation, U.S. with the House Committee on Resources’ Sub- International Development Cooperation Agency; and committee on Forests and Forest Health to review public witnesses. proposed environmental impact statements, and a re- lated alternative, relating to the Interior Columbia ONE YEAR AFTER VALUJET CRASH Basin Ecosystem Management Project, initiated by the Forest Service and Bureau of Land Management Committee on Transportation and Infrastructure: Sub- to respond to forest and rangeland ecosystem health, committee on Aviation held a hearing on One Year after receiving testimony from Senator Kempthorne; After Valujet Crash—FAA Response to Hazmat and Representative Nethercutt; and Bob Williams, Re- Cargo Fire Protection Issues. Testimony was heard gional Forester, Pacific Northwest Region, Forest from Barry Valentine, Acting Administrator, FAA, Service, Department of Agriculture, on behalf of the Department of Transportation; James E. Hall, Chair- Executive Steering Committee of the Interior Co- man, National Transportation Board; and public wit- lumbia Basin Ecosystem Management Project. nesses. f INNOVATIVE FINANCING—ACQUIRING NEW PUBLIC LAWS FEDERAL REAL ESTATE (For last listing of Public Laws, see DAILY DIGEST p. D422) Committee on Transportation and Infrastructure: Sub- H.R. 1001, to extend the term of appointment of committee on Public Buildings and Economic De- certain members of the Prospective Payment Assess- velopment held a hearing on Innovative Financing ment Commission and the Physician Payment Re- for Acquiring Federal Real Estate and Scoring Issues. view Commission. Signed May 14, 1997. (P.L. Testimony was heard from Representative 105–13) Blumenauer; Robert A. Peck, Commissioner, Public S. 305, to authorize the President to award a gold Buildings Service, GSA; Herbert M. Franklin, Exec- medal on behalf of the Congress to Francis Albert utive Officer, Architect of the Capitol; and public ‘‘Frank’’ Sinatra in recognition of his outstanding witnesses. and enduring contributions through his entertain- ment career and humanitarian activities. Signed May VETERANS LEGISLATION 14, 1997. (P.L. 105–14) Committee on Veterans’ Affairs: Subcommittee on f Health approved for full Committee action the fol- COMMITTEE MEETINGS FOR FRIDAY, lowing: H.R. 1362, amended, Veterans Medicare MAY 16, 1997 Reimbursement Demonstration Act of 1997; and a (Committee meetings are open unless otherwise indicated) measure on physician’s special pay. Senate OVERSIGHT—U.S. CUSTOMS SERVICE Committee on Labor and Human Resources, to hold hear- Committee on Ways and Means: Subcommittee on ings to examine adult education programs, 10 a.m., Trade held an oversight hearing on U.S. Customs SD–430. Service. Testimony was heard from George Weise, House Commissioner, U.S. Customs Service, Department of Committee on the Budget, to continue markup of the Fis- the Treasury; Norman J. Rabkin, Director, Adminis- cal Year 1998 Concurrent Budget Resolution, 10 a.m., tration of Justice Issues, General Government Divi- 210 Cannon. sion, GAO; and public witnesses. Committee on Government Reform and Oversight, to con- sider the following bills: H.R. 1057, to designate the BRIEFING—NORTH KOREA building in Indianapolis, IN, which houses the operations of the Circle City Station Post Office as the ‘‘Andrew Ja- Permanent Select Committee on Intelligence: Met in execu- cobs, Jr. Post Office Building’’; H.R. 1058, to designate tive session to receive a briefing on North Korea. the facility of the U.S. Postal Service under construction The Committee was briefed by departmental wit- at 150 West Margaret Drive in Terre Haute, IN, as the nesses. ‘‘John T. Myers Post Office Building’’; and H.R. 956, May 15, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D493

Drug-Free Communities Act of 1997, 9:30 a.m., 2154 Management, Information and Technology, joint hearing Rayburn. on the Health Care Financing Administration’s Manage- Subcommittee on Human Resources and Intergovern- ment of the Troubled Medicare Transaction System, mental Relations and the Subcommittee on Government 11:30 a.m., 2154 Rayburn. D494 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, May 16 9 a.m., Friday, May 16

Senate Chamber House Chamber Program for Friday: No legislative business is sched- Program for Friday: Consideration of H.R. 1385, the uled. Employment, Training, and Literacy Enhancement Act of 1997 (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., –E941 Radanovich, George P., Calif., –E936, E937 Johnson, Eddie Bernice, Tex., –E938 Rohrabacher, Dana, Calif., –E942 Brown, Corrine, Fla., –E940 Johnson, Nancy L., Conn., –E940 Ros-Lehtinen, Ileana, Fla., –E938 Brown, George E., Jr., Calif., –E935 Kennedy, Joseph P., II, Mass., –E936, E938, E939, E942 Schaffer, Bob, Colo., –E936 Calvert, Ken, Calif., –E939 Levin, Sander M., Mich., –E940 Stokes, Louis, Ohio, –E939 Clyburn, James E., S.C., –E937 Nadler, Jerrold, N.Y., –E936 Visclosky, Peter J., Ind., –E942 Forbes, Michael P., N.Y., –E936, E937 Pitts, Joseph R., Pa., –E940 Wexler, Robert, Fla., –E939

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